A.
The Village Board of Trustees, under § 7-708
of the Village Law of the State of New York, may from time to time
on its own motion, on recommendations of the Planning Board or on
petition, after public notice and hearing, amend, supplement, change,
modify or repeal in whole or in part this chapter or the boundary
of any district by this chapter.
B.
Any such proposed change in text or zoning district
boundary shall first be referred to the Planning Board which shall
submit a written advisory report to the Village Board within 30 days
after receiving notice of proposed change from the Village Clerk.
The failure to make such report within 30 days shall be deemed to
be a favorable recommendation.
C.
The Planning Board shall favorably recommend adoption
of an amendment of change in this chapter or in a district boundary
only if:
(1)
Such change does not conflict with the general purposes,
goals and intent of this chapter.
(2)
Such change is consistent with the Comprehensive Plan
of the Village of Ballston Spa.
(3)
Such change is in compliance with the State Environmental
Quality Review process (SEQR), where applicable. The Village Board
shall identify the type of action in accordance with SEQR regulations,
and the time limitations otherwise applicable to the amendment process
shall be extended until a determination of no significance has been
made or until a draft environmental impact statement is completed.
If a protest against a proposed amendment, supplement,
repeal or change is presented to the Village Board, duly signed and
acknowledged by the owners of 20% or more of the area of land included
in such proposed change or by 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 passed except by a favorable four-fifths (4/5) vote of
the Village Board.
Before any amendment, repeal or change in the
regulations or district boundaries there shall be a public notice
or hearing thereon as provided by law. Such hearing may be held by
the Village Board, by a committee of the Village Board or by the Planning
Board on request of the Village Board. In addition to the public notice
of hearing, such further written notice shall be given as required
by law.
After the public hearing and referral to and report by the Planning Board, majority vote of the members of the Village Board shall be required to amend this chapter, except as described in § 205-75, Protest petition.
Amending or changing the provisions of this
chapter or the boundary of any district shall follow the procedures
set forth above and those now or hereafter provided in the laws of
New York State.
Previously approved and filed subdivision plats
may be exempted from the provisions of this chapter or a zoning law
hereafter adopted or the provisions of a change or amendment hereafter
adopted to a zoning law, but such exemptions shall be consistent with
the requirements of Article 7, § 7-708 of Village Law.
