A.
The Village Board may from time to time on its own
motion, or on petition, or on recommendation of the Planning Board,
amend, change, supplement or repeal the regulations, restrictions,
district boundaries and provisions of this chapter, including the
Building Zone Map, after public notice and hearing and upon compliance,
if applicable, with the provisions of §§ 239-l and
239-m of the General Municipal Law of the State of New York.
B.
Such proposed amendment or change, whether initiated
by the Village Board or by petition, may be referred to the Planning
Board for report thereon. The Village Board, by resolution adopted
at a stated meeting, shall fix the time and place of a public hearing
on the proposed amendment or change and cause notice to be given in
accordance with the provisions of the Village Law.
A.
A petition requesting a change of use district classification
shall be addressed to the Village Board and must contain the original
signature of each petitioner and shall state clearly and concisely
the following:
(1)
That the petitioner is the owner or contract vendee
of all the property affected by the application. If the petitioner
is other than the owner, he must obtain the consent of the owner,
which consent must be duly acknowledged.
(2)
The current zoning of the property, the change desired
and the reason for such change.
(3)
Metes and bounds description of the boundaries of
the property affected by the application.
(4)
A statement as to which side of any street in the
Incorporated Village of Lake Grove the property affected by the application
is located and the distance and direction from the nearest intersecting
street. If the property is located at the intersection of two or more
streets, the petition shall state on which corner the property affected
by the application is located. For the purpose of this article, the
word "street" shall mean an existing traveled right-of-way owned and
maintained by the Village of Lake Grove or other municipality or governmental
authority.
(5)
The name and number of the school district in which
the property is situated.
(6)
A statement as to whether or not the property is within
500 feet of the boundary line of any incorporated village, town, county,
state or highway.
(7)
The name and address of each petitioner.
(8)
A statement as to whether or not the property affected
by the application has been the subject of a previous application
for rezoning within a period of six months preceding the filing of
this application.
(9)
A statement that petitioner(s) does not own or have
an interest in any contiguous property, or in the event that petitioner(s)
does have such an interest, a metes and bounds description of such
property.
B.
All signatures to a petition shall be duly verified.
C.
The following shall be submitted with the petition
and shall be filed with the Village Clerk:
(1)
Original and nine confirmed copies of the petition.
(2)
Ten copies of a diagram, drawn to scale, prepared
by a registered professional engineer or a registered land surveyor,
showing by courses and distances the property which is the subject
of the application and all of the properties within 200 feet of the
perimeter line of said property, and showing to scale all structures
within the area, indicating the use and showing the current zoning
of all areas depicted and showing the distance and direction from
the nearest intersecting street. All such diagrams shall contain the
following certification:
|
I do hereby certify that the area map accurately
describes the uses of the property surrounding the subject premises
as of (date).
| |||
|---|---|---|---|
|
SIGNATURE
.....................................................
| |||
(4)
Return receipt card, except that such return receipt card may be filed within 45 days after the filing of the petition (see Subsection D of this section).
(5)
A list containing the names and addresses of all owners
to whom notices were sent.
(6)
A sworn statement from the petitioner or his representative,
stating that notices have been sent by either certified or registered
mail to adjacent property owners as required by this section.
(7)
Filing fee.
(8)
A four-inch-by-four-inch diagram, to be approved by
the Planning Board, prepared by a registered professional engineer
or registered land surveyor, indicating the location of the property
which is the subject of the application with respect to the nearest
intersecting street.
(9)
Four copies of the village map on which the property
which is the subject of the application is located. Such maps shall
show the outline of the property which is the subject of the application.
D.
A notice containing the following information must
be sent by either certified or registered mail, return receipt requested,
to every property owner, as shown on the current Village of Lake Grove
assessment roll, within the area proposed to be changed in district
classification who has not joined in the petition and to every property
owner immediately adjacent and directly opposite thereto for a distance
of 200 feet from the perimeter of the property proposed to be changed
in district classification. Such notices shall be mailed at least
30 days preceding the filing of the petition in the office of the
Village Clerk. In the event that the petitioner owns or has an interest
in property contiguous to the property proposed to be changed in district
classification, such distance shall be measured from the perimeter
of such contiguous property.
(1)
Before or on the same date that such notice is mailed,
the applicant must file in the office of the Village Clerk:
(a)
A survey of the property showing all the metes
and bounds description of the property proposed to be changed in district
classification and any contiguous property which the petitioner owns
or has an interest in.
(b)
A detailed diagram or drawing of the proposed
use, building or structures to be erected thereon.
(c)
The purpose, type, character, business or use
to be made by the proposed change in district classification.
(d)
The name or names of the applicant for the change
to be made, and the name or names of the owner of record of the property.
(2)
Said notice shall contain the following additional
detailed information:
(a)
The current zoning and proposed change to be
made.
(b)
A drawing or diagram of the property to be changed,
showing a metes and bounds description of the property which is the
subject of the application.
(c)
Metes and bounds description of the boundaries
of the property affected by the application.
(d)
A statement as to which side of any street in
the Incorporated Village of Lake Grove the property affected by the
application is located and the distance and direction from the nearest
intersecting street. If the property is located at the intersection
of two or more streets, the petition shall state on which corner the
property affected by the application is located. For the purpose of
this article, the word "street" shall mean an existing traveled right-of-way
owned and maintained by the Village of Lake Grove or other municipality
or governmental authority.
(e)
The name and number of the school district in
which the property is situated.
E.
At least three identical posters, not less than 12
inches by 24 inches in size, must be conspicuously posted along the
entire length of each street frontage of the property which is the
subject of the application, at least 10 days prior to the date set
for the public hearing before the Village Board. Such posters must
be placed not more than 200 feet apart along the street line of the
property which is the subject of the application. Such posters shall
contain the following information:
(1)
The current zoning and proposed change.
(2)
That a public hearing will be held before the Village
Board at a specified date, time and place with regard to the proposed
application. The applicant shall be required to file an affidavit
of posting with the Village Clerk not later than the date specified
for the public hearing.
F.
The applicant shall mail the notice of public hearing
before the Village Board, giving the date, time and place of such
hearing, together with a radius map and survey, by either certified
or registered mail, return receipt requested, to every property owner
shown on the current Town of Brookhaven and Village of Lake Grove
assessment rolls within the area immediately adjacent and directly
opposite thereto for a distance of 200 feet from the perimeter of
the property proposed to be changed in district classification. Said
notice shall be mailed at least 10 days before the date of the hearing.
The notice shall be published by the Village Clerk and shall contain
the following:
(1)
The name of the applicant.
(2)
The existing zone and proposed change.
(3)
A statement that a public hearing on the proposed
change will be held at a specified time, date and place.
(4)
A metes and bounds description of the property which
is the subject of the application.
(5)
The distance and direction of the subject property
from the nearest intersecting street, or if said property is located
at an intersection, the corner on which said property is located.
(6)
The school district in which the property is located.
(7)
A four-inch-by-four-inch diagram showing the location
of the subject property with respect to the nearest intersecting street.
(8)
A statement that a more detailed diagram of the property
which is the subject of the application is on file at the office of
the Village Clerk and may be examined during regular office hours
by any interested person.
(9)
A statement that any interested person will be given
the opportunity to be heard at the public hearing.
G.
After the date of the public hearing and if the proposed
change has been approved by the Village Board, the applicant shall
file with the Village Clerk and the Planning Board a certified survey
prepared by a registered land surveyor, showing by courses and distances
the property which is the subject of the application. Said survey
shall be dated within 90 days of the date of submission and must be
filed not later than 90 days after the date the Village Board takes
action on the application, except that the Village Board may extend
such period of time for good cause and upon written application. The
Village Clerk shall not publish notice of adoption of the change of
zone until the survey has been filed.
H.
No petition shall be accepted or filed with respect
to any property which has been the subject of a public hearing pursuant
to this section during the period six months immediately following
such public hearing unless such petition sought to be filed shall
have endorsed thereon the consent to the filing thereof of at least
three members of the Village Board.
I.
A petition may be withdrawn by the applicant at any
time prior to the time the Village Board takes action on such petition.
Upon such withdrawal, the petitioner shall be entitled to the refund
of the filing fee less publication fees, postage costs, legal fees
and all other expenses necessarily incurred in the processing of the
applicant's petition.
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.[1] 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.
A.
The Village Board may from time to time on its own
motion, or on petition, amend, supplement, change, modify or repeal
any covenant imposed on property at the time of a change of use district
classification.
B.
A petition requesting such relief shall be addressed
to the Village Board and shall state the following:
C.
The Village Board, by resolution adopted at a stated
meeting, shall fix the time and place of a public hearing thereon
and cause notice to be given in accordance with the provisions of
the Village Law § 7-706.
D.
At least 10 days before the public hearing, the petitioner
shall mail notice thereof, together with a copy of the petition, by
either certified or registered mail, return receipt requested, to
every owner of property, as shown on the current Village of Lake Grove
tax roll, immediately adjacent to the property affected by the covenant
and directly opposite thereto for a distance of 200 feet from the
perimeter of the property.
E.
The following shall be submitted and filed with the
Village Clerk:
(1)
Original and nine copies of the petition.
(2)
Ten copies of a diagram, drawn to a suitable scale,
showing the dimensions of the property described in the petition.
(3)
A copy of the notice of hearing.
(4)
A list containing the names and addresses of the owners
to whom notices were sent.
(5)
Affidavit of mailing of the aforesaid notice and petition.
(6)
Return receipts.
