Babylon City Zoning Code
ARTICLE IV
Amendment of Regulations
§ 213-28 Amendment procedure.
A.
The Town Board may, from time to time, on its own motion or on verified 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 Zoning Map, after public notice and hearing.
B.
Such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board and the Architectural Review Board for reports thereon. The Town Board, by resolution adopted at a meeting thereof, 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 Town Law.
§ 213-29 Conditions on amendment.
Amendments are conditioned to the development of the property in accordance with the petition and any covenants and restrictions within six months of such amendment.
§ 213-30 Petition to change zone.
A verified petition requesting a change of use district classification shall be addressed to the Town Board in quintuplicate, on the form prescribed by the Commissioner of Planning and Development, available at cost, and must contain the original signature of each petitioner and shall state clearly and concisely the following:
A.
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.
B.
The current zoning of the property, the change desired and the reason for such change.
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 Town of Babylon 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, a petition shall state on which corner the property affected by the application is located. For the purposes of this article, the word "street" shall mean an existing traveled right-of-way owned and maintained by the Town of Babylon or other municipality or governmental authority.
E.
The name and number of the school district in which the property is situated.
F.
A statement as to whether or not the property is within 500 feet of the boundary line of any incorporated village, other Town, state park or state parkway.
G.
The name and address of each petitioner.
H.
A statement as to whether or not property affected by the application has been the subject of a previous application for rezoning for a period of one year preceding the filing of this application.
I.
A statement that the petitioner does not own or have an interest in any contiguous property or, in the event that the petitioner does have such an interest, a metes and bounds description of such property.
§ 213-31 Filing petition to change zone.
The original petition and four confirmed copies thereof shall be filed with the Department of Planning and Development together with the appropriate fee therefor and the following exhibits attached to each petition copy:
A.
An eight-inch by ten-inch glossy photograph of the property.
B.
A nine-inch by fourteen-inch aerial photograph (two-hundred-foot scale), with the property affected prominently identified; however, this requirement may be waived by the Town Board on the recommendation of the Commissioner of Planning and Development to the effect that such photograph will not add significantly to consideration of the petition.
C.
Complete metes and bounds description (separate from that appearing in the petition body).
D.
A photocopy of the deed and/or any deed restrictions or easements affecting the property to which the application is to apply.
E.
A full disclosure affidavit, in the form prescribed by the Town Attorney.
F.
The names and addresses of property owners adjacent to the affected property.
G.
A sworn statement to the effect that all owners of property lying within a two-hundred-foot perimeter of the affected property have been notified of the petition and that it is on file at the Department of Planning and Development for public inspection. Included with this exhibit shall be the actual postal receipts for the certified or registered postage of said notice to all such neighboring owners.
H.
Thirteen copies of a recent survey, drawn to scale, prepared by a person registered in the State of New York as a licensed professional engineer or licensed land surveyor, revealing the area in square feet and the exact distance to the nearest intersection of streets, if the affected property is not located at a corner. Included on this survey shall be a statement signed by the preparer thereof to the effect that the survey accurately describes the uses of the property surrounding the affected property as of that date.
I.
An affidavit to be filed not later than 48 hours prior to the public hearing on the petition stating that identical posters, not more than 200 feet apart, have been conspicuously posted along the street frontage of the affected property at least 10 days prior to the time set for public hearing.
J.
A proposed site plan, prepared in accordance with the Code of the Town of Babylon and the specifications of the Planning Board, in 12 copies, for Planning Board review.
K.
Elevational drawings of the affected property, in seven copies, for review of the Architectural Review Board.
L.
A copy of the Zoning Map outlining the lines of the affected property in red and with any school district lines outlined in green.
M.
A list of neighboring property owners produced from the assessment roll of the Town of Babylon, together with a map showing all structures and locating by number all said owners' properties within 200 feet of the perimeter of the affected property. Included in this list shall be the identities and addresses of all other affected parties. On this same map, a five-hundred-foot radius within which the zoning is shown for all properties located between the two-hundred-foot radius and the five-hundred-foot radius shall be included.
[Amended 10-4-1977]
§ 213-32 Erection of signs.
A.
The petitioner shall erect on the affected property a sign or signs of black printing on a white background measuring 30 inches high and 40 inches wide, which shall be prominently displayed on the premises facing each public street on which the affected property abuts, set back not less than 10 feet from the property line and shall not be less than two feet nor more than six feet above the grade at the property line, giving notice that an application for change of zone is pending and the date, time and place when the public hearing will be held.
B.
The sign shall be of the standard type prescribed by the Commissioner of Planning and Development.
C.
Each sign shall be displayed for a period of not less than 10 days immediately preceding the public hearing or an adjourned date thereof. Subject to rebuttal, the filing of an affidavit by the petitioner reciting the facts of such posting shall be deemed sufficient proof of compliance herewith.
§ 213-33 Handling of petition.
A.
Upon submission of the required petition and exhibits as provided in §§ 213-30 through 213-35, the application shall be forwarded to the Planning Board and Architectural Review Board, which shall forward their recommendations to the Town Board upon completion of their proceeding with regard to the same. Upon such recommendations, the Town Clerk may be directed by the Town Board to set the petition down for public hearing at a time convenient for Town Board consideration.
[Amended 5-7-2002 by L.L. No. 7-2002]
B.
The notice of public hearing before the Town Board published by the Town Clerk shall contain the following:
[Amended 10-4-1977]
(1)
The name of the applicant.
(2)
The existing zoning and the proposed change or amendment.
(3)
A statement that public hearing on the proposed change will be held at a specific time, date and place.
(4)
A metes and bounds description of the affected property.
(5)
The distance and direction of the affected property from the nearest intersection of streets and, if the property is located on a corner, which corner.
(6)
The school district in which the property is located.
(7)
A statement that a more detailed diagram of the property which is affected by the petition is on file in the office of the Department of Planning and Development and may be examined during regular office hours by any interested person.
(8)
A statement that any interested person will be given the opportunity to be heard at the public hearing.
§ 213-34 Restrictions on petitions.
No petition shall be accepted or filed with respect to any property which has been the subject of a public hearing pursuant to this article during the period of one year immediately following such public hearing, unless such petition shall have endorsed thereon the consent to the filing thereof of at least three members of the Town Board.
§ 213-35 Withdrawal of petition.
A petition may be withdrawn by the petitioner at any time prior to Town Board action, after public hearing. Upon withdrawal, the petitioner shall be entitled to a refund of 1/2 of the filing fee submitted with the petition, less any necessary incidental expenses incurred in connection with the processing of the petition withdrawn.
§ 213-36 Procedure on Town Board's motion.
Whenever the Town Board, on its own motion or upon recommendation of the Planning Board, shall consider any change of use district classifications, the resolution setting a date for a public hearing shall contain a clause requiring that the owners of all property abutting the boundaries of the property to be affected by the proposed change and all owners of property located within 200 feet of the perimeter of the affected property be notified of the proposed change, except as hereinafter provided. Said notices shall be sent either by certified mail or registered mail, return receipt requested, to such owner at the address shown on the current Town of Babylon assessment roll and shall be mailed to such owner at least 10 days prior to the public hearing. Said notice shall contain a description sufficient to identify the property which is proposed to be affected, together with information substantially similar to that required by § 213-31F. This notice shall not be required under the following circumstances only:
A.
In the event that the area of the proposed change represents 50% or more of the property contained within the bounds of a school district within the Town of Babylon.
B.
In the event that the area of the proposed change exceeds 50 acres.
C.
In all other cases where the Town of Babylon shall determine that the notice required by this section may be dispensed with, consistent with the interests of the owners of property in the surrounding areas.
§ 213-37 Petition by landowners.
Whenever the owners of 50% or more of the frontage in any district or part thereof to be affected by a petition shall present to the Town Board a verified petition requesting an amendment, supplement, change, modification or repeal of the regulations prescribed for or of the Zoning Map including such district or part thereof, the Town Board may hold a public hearing thereon and cause notice thereof to be given in the manner prescribed above for changes made on the motion of the Town Board. Whenever a protest against such change signed by the owners of 20% or more of the frontage to be affected by said petition or immediately adjacent to such frontage extending 100 feet therefrom is presented, such amendment shall not become effective except by the affirmative vote of at least four members of the Town Board.
§ 213-38 Placing restrictive covenants upon change of zone.
Whenever the Town Board, as a condition for the granting of an application for a change of zone, requires a restrictive covenant to be imposed upon the affected property, such restrictive covenant must be filed in the office of the Planning Board not later than 60 days from the date the applicant was notified of granting of the change of zone by the Town Clerk: except that the Town Board may extend this time, upon good cause shown. Failure to file said restrictive covenant with the Planning Board within the stipulated period shall render the granting of the change of zone null and void.
§ 213-39 Alteration of restrictive covenants.
A.
The Town 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 zone.
C.
The Town Board, by resolution adopted at a regular meeting, shall fix the time and place of a public hearing thereon and cause notice to be given in accordance with the provisions of § 264 of the Town Law.
D.
At least 10 days before the public hearing, the petitioner shall mail notice thereof by either certified or registered mail, return receipt requested, to every owner of property, as shown on the current Town of Babylon assessment roll, immediately adjacent and directly opposite the property affected for a distance of 200 feet from the perimeter of the property.
E.
The following shall be submitted and filed with the Planning Board in support of such a petition:
(1)
Original and four copies of the petition.
(2)
Ten copies of a diagram, drawn to suitable scale, showing the dimensions of the property affected by 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 the aforesaid notices.
(6)
Return receipts from such posting.
(7)
Affidavit of posting.
[Added 6-5-1984]
(8)
A full disclosure affidavit in the form prescribed by the Town Attorney.
[Added 6-5-1984]
F.
Posting of signs by petitioner.
[Added 4-19-1984]
(1)
The petitioner shall erect on the affected property a sign or signs of black printing on a white background measuring 30 inches high and 40 inches wide, which shall be prominently displayed on the premises facing each public street on which the affected property abuts, set back not less than 10 feet from the property line and shall not be less than two feet nor more than six feet above the grade at the property line, giving notice that an application is pending and the date, time and place when the public hearing will be held.
(2)
The sign shall be of the standard type prescribed by the Commissioner of Planning and Development.
(3)
Each sign shall be displayed for a period of not less than 10 days immediately preceding the public hearing or an adjourned date thereof. Subject to rebuttal, the filing of an affidavit by the petitioner reciting the facts of such posting shall be deemed sufficient proof of compliance herewith.
§ 213-40 Form of petitions.
Except as otherwise provided in this article, all petitions and exhibits required to be filed according to the provisions of this article shall be in the form prescribed by the Commissioner of Planning and Development of the Town of Babylon, subject to the approval of the Town Board.
§ 213-41 Fee for petition.
[Amended 4-9-1996 by L.L. No. 8-1996]
Prior to the filing of each petition authorized by this article, a fee shall be paid to the Town Clerk with respect thereto in such amount as shall be established from time to time by Town Board resolution.
§ 213-42 Additional zone changes.
No parcel or part thereof may be the subject of an application change for a change of zone within one year after the Town Board has held a public hearing on an application for a change of zone unless the second application seeks a change to a more restrictive zoning category than was earlier sought.