[Amended 5-19-2021 by L.L. No. 2-2021]
This chapter, or any part thereof, may be amended, supplemented, or repealed from time to time by the Village Board on its own motion or upon recommendation by the Planning Board or by petition. The Village Board, at its discretion, may refer any proposed amendment to the Community Development Review Committee for analysis and recommendation on technical issues to assist in its deliberations, according to the procedures of §
195-61. Prior to a public hearing, every such proposed amendment shall be referred by the Village Board to the Village Planning Board for a report, unless the proposed amendment was initiated by the Village Planning Board. The Village Board shall not take action on any such amendment without such report from the Village Planning Board unless the Planning Board fails for any reason to render such report within 60 days following the date of such referral.
Petitions to amend this chapter shall be in
writing and shall contain a description of the property affected,
together with such other information as the Village Board shall require.
Such petitions shall include the names and addresses of all owners
of real property within 500 feet of the property affected or any other
contiguous property of a petitioner in the same ownership. All petitions
for amendment of this chapter, excepting those submitted by the Planning
Board or on motion of the Village Board, shall be accompanied by a
fee in accordance with the Standard Schedule of Fees of the Village
of Montebello.
The Village Board shall fix the time and place
of a public hearing on the proposed amendment and cause notice thereof
to be given as provided by law.
If any proposed amendment consists of or includes
any of the following conditions, the Village Clerk-Treasurer shall,
prior to final action, refer the proposed amendment to the Rockland
County Planning Department:
A. Any change in the district, classification of, or
the requirements applying to, real property lying within a distance
of 500 feet of the following:
(1) The boundary of any village or town.
(2) The boundary of any existing or proposed state or
county park or other recreation area.
(3) The right-of-way of any existing or proposed county
or existing or proposed county or state parkway, thruway, road or
highway.
(4) The existing or proposed right-of-way of any stream
or drainage channel owned by the county or for which the county has
established channel lines.
(5) The existing or proposed boundary of any county- or
state-owned land on which a public building or institution is located.
B. Rockland County Department of Planning Recommendation.
Failure of the Rockland County Department of Planning to report its
recommendations within 30 days after receipt of a full statement of
such referred material or such longer period as may have been agreed
upon by it and the Village Board shall be construed as approval.
C. Effect of negative report. If the Rockland County
Department of Planning Disapproves the proposed zone change, or recommends
modification thereof, the proposal shall not become effective except
by a vote of a majority plus one of all members of the Village Board
and after adoption by such Board of a resolution fully setting forth
the reasons for such contrary action.
D. Report filing. A report of the decisions of the Village
Board shall be filed with the Rockland County Department of Planning
if referral was initially required.
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.