A.
Procedure. This chapter, or any part thereof, may
be amended, supplemented or repealed, from time to time, by the Village
Board on its own motion or upon recommendation by the Planning Board.
Prior to public hearing, every such proposed amendment shall be referred
by the Village Board to the Planning Board for a report. The Village
Board shall not take action on any such amendment without such report
from the Planning Board unless the Planning Board fails for any reason
to render such report within 45 days following the date of such referral.
In making such report on a proposed amendment, the Planning Board
shall make inquiry and determination concerning the items specified
below:
(1)
Concerning a proposed amendment to or change in text
of the chapter:
(a)
Whether such change is consistent with the aims
and principles embodied in the chapter as to the particular districts
concerned.
(b)
Which areas, land uses, buildings and establishments
in the Village will be directly affected by such change and in what
way they will be affected.
(c)
The indirect implications of such change in
its effect on other regulations.
(d)
Whether such proposed amendment is consistent
with the aims of the Comprehensive Plan of the Village of Monroe.
[Amended 6-13-2017 by L.L. No. 5-2017]
(2)
Concerning a proposed amendment involving a change
in the Zoning Map:
(a)
Whether the uses permitted by the proposed change
would be appropriate in the area concerned.
(b)
As a result of such change, whether adequate
school facilities or other public facilities and services, including
roads, exist or can be created to serve the needs of any additional
residences or other uses likely to be constructed.
(c)
Whether the proposed change is in accord with
any existing or proposed plans in the vicinity.
(d)
The effect of the proposed amendment upon the
growth of the Village as envisioned by the Comprehensive Plan.
[Amended 6-13-2017 by L.L. No. 5-2017]
(e)
Whether the proposed amendment is likely to
result in an increase or decrease in the total residential capacity
of the Village and the probable effect thereof.
B.
Fee. Each petition for a zoning amendment shall be
accompanied by a fee (see fee schedule[1]) which shall include the costs of the advertising and
holding a public hearing. No fees shall be required for a petition
filed in favor of or against a pending application.
[1]
Editor's Note: The fee schedule is on file
in the Village offices.
C.
Public hearing. By resolution, adopted at a meeting
of the Village Board, the Village Board shall fix the time and place
of a public hearing on the proposed amendment and cause notice thereof
to be given in accordance with provisions of § 7-706 of
the Village Law. All notices of public hearing shall specify the nature
of any proposed amendment, the land or district affected and the date
when and the place where the public hearing will be held. At least
10 days notice of the time and place of such hearing shall be published
in the official newspaper.
D.
Required notification of adjacent municipality. Should
any proposed amendment consist of or include any change in the boundaries
of any district, which change would occur within a distance of 500
feet of the boundary of any other municipality, or any change in the
regulations prescribed for any district any portion of which is located
within 500 feet of such boundary, the Village Clerk shall transmit
to the Municipal Clerk of such other municipality a copy of the official
notice of the public hearing thereof not later than the day after
such notice appears in the official newspaper of the Village.
E.
Required notification of County Planning Department.
Should any proposed amendment consist of or include any change in
the boundaries of any district, which change would occur within a
distance of 500 feet of the boundary of any other municipality; the
boundary of any existing or proposed state or county park or other
recreation area; the right-of-way of any state parkway, thruway, expressway
or other controlled access highway or county road or parkway; the
right-of-way of any stream or drainage channel owned by the county
or for which the county has established channel lines; or the boundary
of any county- or state-owned land on which a public building or institution
is located; or any change in the regulations prescribed for any district
any portion of which is located within 500 feet of such boundaries,
lands or rights-of-way, then such proposed amendment, accompanied
by the notice of the public hearing, shall be forwarded to the Orange
County Planning Department by the Village Clerk for review in accordance
with the provisions of Article 12-B, §§ 239-l and 239-m
of the General Municipal Law of the State of New York at least 10
days prior to the public hearing. No action shall be taken by the
Village Board until the county's recommendations have been received
or 30 days have elapsed after such referral has been made.
F.
Protest. In the case of a protest against any amendment,
such amendment shall not become effective, except in accordance with
the provisions of § 7-708 of the Village Law.
G.
State Environmental Quality Review Act. Amendments
by the Village Board shall be subject to the procedures outlined by
the State Environmental Quality Review Act (SEQRA). The Village Board
shall include a summary of all pertinent data in its findings, upon
which a determination is made.
H.
Conformity with the Comprehensive Plan. In all cases
where the Village Board shall approve an amendment to this chapter,
said Board shall find that, for reasons fully set forth in said findings,
such amendment is in conformity with the Comprehensive Plan for the
community's development.
[Amended 6-13-2017 by L.L. No. 5-2017]
