Harriman City Zoning Code
ARTICLE X
Amendments
§ 140-58 General provisions.
This chapter or any part thereof may be amended, supplemented, changed, modified or repealed from time to time by the Village Board and in the manner as provided by §§ 7-706 and 7-708 of Article 7 of the Village Law. Every such proposed amendment shall be referred, prior to the public hearing by the Village Board, to the Planning Board for a report pursuant to the provisions of this chapter, which report shall become part of the official minutes of said hearing. The Village Board shall not take action on any such amendment without such report from the Planning Board unless the Planning Board fails to render such report within 60 days after its next regularly scheduled meeting following the date of such referral.
§ 140-59 Report by Planning Board.
In making such report on a proposed amendment, the Planning Board shall make an inquiry and determination concerning the items specified below:
A.
Concerning a proposed amendment to or change in text of this chapter:
(1)
Whether such change is consistent with the aims and principles embodied in this chapter as to the particular districts concerned.
(2)
Which areas, land uses, building 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 Comprehensive Plan of the Village.
B.
Concerning 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 services exist or can be created to serve the needs of any additional residences 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 Comprehensive Plan.
(5)
Whether the proposed amendment is likely to result in an increase or decrease in the total zoned residential capacity of the Village and the probable effect thereof.
§ 140-60 Fees.
Each petition for a zoning amendment shall be accompanied by a fee as determined by a resolution of the Village Board of Trustees, payable to the Village Clerk upon the filing thereof. No fee shall be required for petitions filed in favor of or against a pending application.
§ 140-61 Hearings; notices.
A.
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 thereof to be given in accordance with provisions of § 7-106 of the Village Law.
C.
At least 15 days' notice of the time and place of such hearing shall be published in the official newspaper of the Village.
D.
Should any proposed amendment consist of or include any change in the boundaries of any district, which change would occur within a distance of 500 feet of the boundary of any other municipality, or any change in the regulations prescribed for any district, any portion of which is located within 500 feet of such boundaries, the Village Clerk shall transmit to the Municipal Clerk of such other municipality a copy of the official notice of the public hearing thereof at least 10 days prior to the public hearing.
E.
Where the land involved in any proposed amendment lies within 500 feet of any municipal boundary; existing or proposed county or state park or other recreation area; right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or existing or proposed boundary of any county or state-owned land on which a public building or institution is situated, such application, accompanied with the notice of the public hearing, shall be forwarded to the Orange County Planning Department by the Village Clerk for review in accordance with the provisions of §§ 239-l and 236-m of Article 12-B of the General Municipal Law of the State of New York at least 10 days prior to the public hearing.
§ 140-62 Protests.
In the case of a protest against any amendment, such amendment shall not become effective except in accordance with the provisions of § 7-708 of the Village Law.
§ 140-63 Changes to Zoning Map.
In all cases where the Village Board shall approve an amendment to the Zoning Map, said Board shall fully set forth the reasons for its findings.