Castelton On Hudson Village
City Zoning Code
City Zoning Code
ARTICLE XV
Amendments
§ 210-88 Authority.
In accordance with §§ 7-706 and 7-708 of the Village Law, this chapter or any part thereof may be amended, supplemented or repealed, from time to time, by the Village Board on its own motion, upon public petition or upon recommendation by the Planning Board. Prior to the public hearing as specified in § 210-89C(1) of this article, every proposed amendment shall be referred by the Village Board to the Planning Board for a report which shall be rendered within 45 days of such referral.
§ 210-89 Procedure.
The procedure for amending this chapter shall be as follows:
A.
All petitions for any amendments to the text of this chapter or to the district boundaries designated on the Official Zoning Map shall be filed with the Village Clerk in writing and in a form required by the Village Board.
B.
Proposed amendments are actions subject to SEQRA. Prior to formal consideration and public hearing, the Village Board shall make a determination as to the type of action, lead agency status and environmental significance or nonsignificance in accordance with Article 8 of the New York State Environmental Conservation Law.
C.
Unless the amendment proposed is initiated by the Village Planning Board, the Village Board shall refer all such proposals and all pertinent information to the Planning Board for report and recommendations, to be considered by the Village Board prior to its public hearing.
(1)
A full statement of the reasons behind the recommendations shall accompany the Planning Board's report, specifically including:
(a)
For a proposed amendment to, or change in, the text of this chapter:
[1]
Whether the change is consistent with the goals and principles embodied in this chapter as to the particular districts concerned.
[2]
Which areas, land uses, buildings and establishments in the Village will be directly affected by such change and in what way they will be affected.
[3]
The indirect implications of such change in its effect on other regulations.
[4]
Whether such proposed amendment is consistent with the aims of the development policies of the Village, as enunciated in Articles I and III of this chapter, in the records of the deliberations of the Zoning Commission, and in any future Comprehensive Development Plan as may be proposed by the Planning Board and adopted by the Village Board.
(b)
For a proposed amendment involving a change in the Zoning Map:
[1]
Whether the uses permitted by the proposed change would be appropriate in the area concerned.
[2]
Whether adequate public school facilities and other public facilities and services, including roads, exist or can be reasonably expected to be created, to serve the needs of any additional dwelling or other uses likely to be constructed as a result of such change.
[3]
Whether the proposed change is in accord with any existing or proposed plans in the vicinity.
[4]
The effect of the proposed amendment upon the growth of the Village as envisaged by the development policies of the Village.
(2)
If the Planning Board fails to make a recommendation within 45 days of receiving the report, the Village Board may act without the Planning Board's report. The forty-five-day period may be extended by agreement of the Planning Board and the Village Board.
D.
By resolution adopted at a meeting of the Village Board, the Village Board shall fix the time and place of a public hearing on the proposed amendment and cause notice to be given in accordance with provisions of § 7-706 of the Village Law. All notices of public hearing shall specify the nature of any proposed amendment; the land or district affected; and the date when, and the place where, the public hearing will be held. At least 10 days' notice of the time and place of such hearing shall be published in the official newspaper.
E.
All proposals within the criteria of §§ 239-l and 239-m of the General Municipal Law shall be referred by the Village Clerk to the Rensselaer County Bureau of Budget, Research and Planning for report and recommendation to be considered by the Village prior to the public hearing. Such proposals include new local laws, map amendments, text amendments and site plans review. If the Rensselaer County Bureau of Budget, Research and Planning recommends modification or disapproval, the Village Board may act contrary to the recommendation only by a vote of a majority plus one of the entire Board and by adopting a resolution fully setting forth reasons for such contrary action.
§ 210-90 Protest by owners.
Pursuant to § 7-708 of the Village Law, if a protest against the proposed amendment is presented to the Village Board, duly signed and acknowledged by the owners of the 20% or more of the area of land included in the proposed amendment, or by the owners of 20% or more of the area of the 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, the amendment shall not be passed except by the favorable vote of at least 3/4 of the members of the Village Board.
§ 210-91 Publication and posting. [1]
Every amendment to this chapter (excluding any map incorporate herein), adopted in accordance with the Village Law shall be entered into the minutes of the Village Board and a copy, summary or abstract thereof (exclusive of any map incorporated therein) shall be published once in the official newspaper of the Village. A copy of the amendment, together with a summary or abstract of any map incorporated therein, shall be posted conspicuously at or near the main entrance to the office of the Village Clerk, and affidavits of the publication and posting of the amendment shall be filed with the Village Clerk. Such minutes shall describe and refer to any map adopted in connection with such local law or amendment.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).