In the interpretation and the application of
the provisions of this chapter, they shall be held to be the minimum
requirements for the promotion of the health, safety, morals and general
welfare. It is not intended to interfere with or abrogate or annul
other rules, regulations or local laws, provided that where this chapter
imposes greater restrictions upon use of buildings or premises, or
upon the height or bulk of a building, or requires higher performance
standards, the provisions of this chapter shall apply.[1]
[1]
Editor's Note: See Village Law § 7-716.
If any section, subsection, paragraph, clause
or phrase of this chapter or the location of any district boundary
shown on the Zoning Map that forms a part hereof is for any reason
held by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remaining portions of this chapter
or Zoning Map.
The Board of Trustees may, from time to time,
on its own motion, or on petition, or on the recommendation of the
Planning Board, amend the regulations and districts under this chapter
provided that requirements for Planning Board review, notice, and
public hearing are observed.
A.
Planning Board referral.[2] Every proposed amendment not initiated by the Planning
Board shall be referred to the Planning Board for an advisory report
prior to public hearing.
(1)
Time. The Planning Board advisory report shall be
submitted within 45 days of the date of referral or within such longer
time as may be agreed to. Upon a failure to submit such report within
the required time the Board of Trustees may act without such report.
(2)
Scope. The Planning Board report shall contain its
written recommendations supported by a full statement of the reasons
for such recommendations.
(3)
Effect. The Board of Trustees shall not take action
contrary to a Planning Board report which recommends disapproval or
modification of the proposed amendment except by the adoption of a
resolution setting forth the reasons for such contrary action.
[2]
Editor's Note: For required referral to County
Planning Agency, see General Municipal Law §§ 239-l
and 239-m.
B.
Petition.
(1)
Any person may apply to the Board of Trustees to amend
the provisions of this chapter in a form and manner prescribed by
the Board of Trustees.
(2)
The applicant will be responsible for payment of the expenses incurred by the Village in rendering a determination on the application. These expenses shall include the cost of services rendered to the Board of Trustees by the Village Attorney, Village engineers, and other persons, consultants, and agencies for the analysis and review of the application; for advice and preparation of material and reports concerning all legal, engineering, and administrative issues presented by the application; the fees required under § 105-6 of the Municipal Code for environmental quality reviews; and for all disbursements incurred by or on behalf of the Village for postage, filing fees, inspection fees, publication of notices, preparation of reports, and miscellaneous services and disbursements.
(3)
The payment, deposit, use, replenishment and refund of funds to cover expenses required by this section shall be governed by § 212-66 herein.
[Amended 12-15-2010 by L.L. No. 1-2011[3]]
[3]
Editor’s Note: This local law also provided for the
repeal of former Subsection B(4) through B(6), which immediately followed
this subsection.
C.
Public notice and hearing. The Board of Trustees,
by resolution, shall fix the time and place of the public hearing
and cause notice to be given as follows:
(1)
By publishing a notice of the proposed amendment and
the time and place of the public hearing in the official paper of
the Village not less than 15 days prior to the date of public hearing.
D.
Protest by owners. If a protest against a proposed
amendment is presented to the Board of Trustees, duly signed and acknowledged
by the owners of 20% or more of the area of land included in such
proposed amendment, or by the owners of 20% or more of the area of
land immediately adjacent extending 100 feet therefrom, or by the
owners of 20% or more of the area of land directly opposite thereto
extending 100 feet from the street frontage of such opposite land,
such amendment shall not be effective except by the favorable vote
of at least 3/4 of the members of the Board of Trustees.[5]
[5]
Editor's Note: See Village Law § 7-708,
Subdivision 1.
E.
Publication and posting. Every amendment to the Zoning
Law, including any map incorporated therein, adopted in accordance
with the Village Law shall become effective after publication and
posting as provided by § 7-706, Subdivision 2, of the Village
Law.
[1]
Editor's Note: See Village Law § 7-708.
In those instances where a proposed amendment to this Zoning Chapter in accordance with Article XIII or a contemplated variance or special permit in accordance with Article XI affects land within 500 feet of the municipal boundary, the requirements of § 239-m of the General Municipal Law concerning referral to the County Planning Board and subsequent action by the municipal agency responsible for such amendment, variance or special permit shall be observed.
The Zoning Ordinance of the Village of New Paltz
adopted by the Board of Trustees on June 7, 1968, which became effective
on June 23, 1968, together with the amendments thereto, is hereby
repealed.
This chapter shall become effective on the ninth
day of January, 1978.
