This chapter or any part thereof may be amended,
supplemented or repealed from time to time by the Board of Trustees
on its own motion or petition, as provided in Article 7 of the Village
Law. Every such proposed amendment shall be referred by the Board
of Trustees to the Planning Board for a report before the public hearing.
Unless the Planning Board fails to render such report within 60 days
after its next regularly scheduled meeting following the date of such
referral, the Board of Trustees shall not take action on any such
amendment without a recommendation from the Planning Board.
A. Report of Planning Board. 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 and establishments of 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.
(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)
Whether adequate public facilities and services
exist or can be created to serve the needs of any additional residences
likely to be constructed as a result of such change.
(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 envisaged by the Comprehensive Plan.
(e)
Whether the proposed amendment is likely to
result in an increase or decrease in the total zoned residential capacity
of the Village and the probable effect thereof.
B. Each petition for a zoning amendment shall be accompanied
by a nonrefundable fee of $25, payable to the Village Clerk upon the
filing thereof. No fee shall be required for petitions filed in favor
of or against, a pending application.
C. By resolution, the Board of Trustees shall fix the
time and place of a public hearing on the proposed amendment and cause
notice thereof to be given in accordance with the provisions of Article
7 of the Village Law.
D. 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 boundaries, the
Village Clerk shall transmit to the Municipal Clerk of such other
municipality a copy of the official notice of the public hearing thereon
at least 10 days prior to the date of the public hearing.
E. Proposed amendments that must be referred to the Suffolk County Planning Commission under the provisions of Article
XIII, Sections 1323 to 1332, of the Suffolk County Charter shall be transmitted as soon as possible and in any case prior to the public hearing. The Board of Trustees shall reserve decision of all zoning amendments or changes that must be referred to the Suffolk County Planning Commission until its report has been presented, provided that such report is presented within a period of 30 days after the Suffolk County Planning Commission receives such referral. When applicable, the provisions of Article
XIII, Section 1330, of the Suffolk County Charter shall be followed.
F. All notices of public hearings shall specify:
(1) The nature of any proposed amendment.
(2) The land or district affected.
(3) The date when and the place where the public hearing
will be held.
G. In the case of a protest against any amendment, such
amendment shall not become effective except in accordance with the
provisions of Article 7 of the Village Law.
[Amended 8-4-1986 by L.L. No. 7-1986]
A. Any person committing an offense against any provision
of this chapter shall, upon conviction thereof, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuation of
an offense against the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.
B. In addition to any other penalty provided in this
chapter, any person convicted of committing an offense against a provision
of this chapter shall be liable for any expenses incurred by the Village
in the elimination of the violation.