The Village Board of Trustees may from time
to time, on its own motion or on petition, after notice and public
hearing, amend, supplement or change the regulations and districts
herein established.
Whenever the owners of 2/3 or more of the area
of the land in any district or part thereof shall present a petition
duly signed and acknowledged to the Village Trustees requesting an
amendment, supplement, change or repeal of the regulations herein
prescribed for such district or such part thereof or for any adjoining
district or part thereof, it shall be the duty of the Village Trustees
to vote upon said petition within 90 days after the filing of the
same by the petitioners with the Village Clerk.
In case, however, of a protest against such
change signed by the owners of 20% or more of the area of the land
included in such proposed change or by the owners of 20% or more of
the land immediately adjacent extending 100 feet therefrom or by the
owners of 20% or more of the land directly opposite thereto extending
100 feet from the street frontage of such opposite land, such amendment
shall not become effective except by the favorable vote of all the
members of the Board of Trustees. The provisions of the previous sections
relative to public hearings and official notice shall apply equally
to all changes or amendments.
If any area is hereafter transferred from one
district to another district by a change in district boundaries as
herein provided, the provisions of this chapter with regard to nonconforming
buildings or premises existing in such transferred area at the time
of passage of this chapter shall apply to nonconforming buildings
or premises existing in such transferred area at the time of passage
of such amendment.
[Added 5-22-1994 by L.L. No. 3-1994;
amended 10-1-2001 by L.L. No. 6-2001; 2-6-2002 by L.L. No. 2-2002; 12-3-2007 by L.L. No.
12-2007; 11-7-2011 by L.L. No. 14-2011]
No parcel of real property in the Village of
Brightwaters may be subdivided into two or more separate parcels without
permission of the Board of Trustees. Every application for a proposed
subdivision shall first be submitted to the Planning Board of the
Village of Brightwaters on an application form to be promulgated thereby.
The Planning Board, upon such application, may schedule and hold a
public hearing at which the public may be heard. Such hearing, if
so scheduled by the Planning Board, shall be held within 62 days of
the date of submission of a completed and proper application for subdivision.
Notice of said public hearing shall be published in the official newspaper
of the Village of Brightwaters at least once and no sooner than five
days before the date of the public hearing, and such further notice,
if directed by the Planning Board, shall also be given. Within 45
days of the completion of the hearing or, if no public hearing was
scheduled by the Planning Board, within 45 days of the submission
of a complete and proper application for the subdivision, the Planning
Board shall make such recommendation, first to the Board of Appeals
if any variance is required, and to the Board of Trustees on the application
as it sees fit. At the next regularly scheduled meeting of the Board
of Trustees following receipt of the recommendation of the Planning
Board, the Board of Trustees shall take such action on the application
as it sees fit. Nothing herein contained shall in any way affect the
exclusive jurisdiction of the Board of Appeals of the Village of Brightwaters
to approve any proposed subdivision which, if granted, would violate
any zoning provision of this Code. No subdivision requiring Board
of Appeals approval shall be submitted to the Board of Appeals until
and unless it has been reviewed by the Planning Board. No lot may
be subdivided unless all lots created thereby will have the required
minimum lot width on the same named street on the Building Zone Map. No subdivision may be approved unless it complies with the stormwater standards set forth in Article
XIV of this chapter, if applicable.