Whenever the Village Board, on its own motion or upon recommendation of the Planning Board, shall consider any change of use district classification, the resolution setting a date for a public hearing shall contain a clause requiring that the owners of all property within the boundaries of the property proposed to be changed in use district classification and all property owners immediately adjacent and directly opposite thereto for a distance of 200 feet from the perimeter of the property proposed to be changed in use district classification be notified of the proposed change, except as hereinafter provided. Said notice shall be sent by either certified mail or registered mail, return receipt requested, to such owners at the address shown on the current Brookhaven town or village assessment roll. Said notice shall contain a description sufficient to identify the property which is proposed to be changed in use district classification, together with information substantially similar to that required by §
175-92D of this chapter. In the following enumerated cases, the notice required by this section shall not be required:
A. In the event that the area of the proposed change
of zone represents 50% or more of the property contained within the
bounds of a school district within the Village of Lake Grove.
B. In the event that the area of the proposed change
of zone exceeds 50 acres.
C. In all other cases where the Village Board of the
Village of Lake Grove shall determine that the notice required by
this section shall be dispensed with.
The filing fee shall be as set forth in the
fee schedule of the Village of Lake Grove. Said fee shall be paid when the petition is filed, together
with a deposit in such amount as the Village Clerk estimates to be
the expenses of advertising the notice of public hearing. If the application
is granted, the applicant shall, upon request, pay to the Village
Clerk a deposit in such amount as the Village Clerk estimates to be
the expenses of advertising the notice of adoption, together with
any covenant sought to be imposed by the village and any recording
expenses. Any portion of such deposit remaining after all advertising
and recording expenses have been paid shall be refunded to the applicant;
any deficiency shall be paid upon request by the Village Clerk.
Whenever the Village Board as a condition for
the granting of an application for change of use district classification
requires a restrictive covenant to be imposed upon the subject property,
such restrictive covenant must be filed in the office of the Village
Clerk not later than 60 days from the date the applicant was notified
of the granting of the change in use district classification by the
Village Clerk, except that the Village Board may extend the time for
filing the restrictive covenant for good cause and upon written application.
Failure to file said restrictive covenant with the Village Clerk within
the stipulated period of time shall render the granting of the change
ineffective and null and void.
Prior to the filing of each petition authorized by §
175-96, a fee shall be paid to the Village Clerk with respect thereto in an amount as set forth in the fee schedule of the Village of Lake Grove.