Cobleskill Village City Zoning Code
§ 160-18.2
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 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 review under the New York State Environmental Quality Review Act (SEQRA). If a proposed zoning change may have a potentially significant, adverse impact on the environment, then the Board of Trustees must prepare a draft environmental impact statement or cause one to be prepared. The procedures for incorporating SEQRA into the amendment review process are set out in Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
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. A full statement of the reasons behind the recommendations shall accompany the Planning Board's report, specifically including:
(1)
For a proposed amendment to or change in the text of this chapter:
(a)
Whether the change is consistent with the goals and principles embodied in the Village of Cobleskill Comprehensive Plan and in this chapter as to the particular districts concerned.
(b)
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.
(c)
The indirect implications of such change on other regulations.
(d)
Whether such proposed amendment is consistent with the aims of the Village's development policies, as enunciated in §§ 160-1 and 160-2 of this chapter,[1] and the Village of Cobleskill Comprehensive Plan.
[1]
Editor's Note: For additional provisions, see also § 160-3, Overlay Districts.
(2)
For a proposed amendment involving a change in the Official Zoning Map:
(a)
Whether the uses permitted by the proposed change would be appropriate in the area concerned.
(b)
Whether adequate public school facilities and other public facilities and services, including roads, water service, sewer service and drainage facilities, 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.
(c)
Whether the proposed change is in accord with any existing or proposed plans in the vicinity.
(d)
The effect of the proposed amendment upon the growth of the Village as envisaged by the development policies of the Village.
(3)
If the Planning Board fails to make a recommendation within 30 days of receiving the referral from the Board, the Village Board may act without the Planning Board's report. The thirty-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 the provisions of Village Law § 7-706. 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. Notice of the time and place of such hearing shall be published in the official newspaper at least 10 days prior to the public hearing.
E.
Written notice shall be served either in person or by mail at least 10 days prior to a public hearing upon persons listed in Village Law § 7-706, Subdivision 2. This includes service on another municipality within 500 feet of the proposed change.
F.
The Village Board shall refer all proposals within the criteria of General Municipal Law § 239-m to the Schoharie County Planning and Development Agency for report and recommendation thereon. If the Schoharie County Planning and Development Agency recommends modification or disapproval, the Village Board may act contrary to the recommendation only by a vote of a majority plus one of the Board of Trustees and by adopting a resolution fully setting forth reasons for such contrary action. The Village Board shall file a report or its minutes reflecting the action taken with the Schoharie County Planning and Development Agency within 30 days of its action. If the Village Board votes to override the recommendations of the Schoharie County Planning and Development Agency, the report or minutes shall set forth the reasons for the contrary action.