Lake Grove Village City Zoning Code
ARTICLE XIV
Amendments
§ 175-91 Authorization to amend.
A.
The Village Board may from time to time on its own motion, or on 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 Building Zone Map, after public notice and hearing and upon compliance, if applicable, with the provisions of §§ 239-l and 239-m of the General Municipal Law of the State of New York.
B.
Such proposed amendment or change, whether initiated by the Village Board or by petition, may be referred to the Planning Board for report thereon. The Village Board, by resolution adopted at a stated meeting, 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 Village Law.
§ 175-92 Petition for zone change; notice.
A.
A petition requesting a change of use district classification shall be addressed to the Village Board and must contain the original signature of each petitioner and shall state clearly and concisely the following:
(1)
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.
(2)
The current zoning of the property, the change desired and the reason for such change.
(3)
Metes and bounds description of the boundaries of the property affected by the application.
(4)
A statement as to which side of any street in the Incorporated Village of Lake Grove 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, the petition shall state on which corner the property affected by the application is located. For the purpose of this article, the word "street" shall mean an existing traveled right-of-way owned and maintained by the Village of Lake Grove or other municipality or governmental authority.
(5)
The name and number of the school district in which the property is situated.
(6)
A statement as to whether or not the property is within 500 feet of the boundary line of any incorporated village, town, county, state or highway.
(7)
The name and address of each petitioner.
(8)
A statement as to whether or not the property affected by the application has been the subject of a previous application for rezoning within a period of six months preceding the filing of this application.
(9)
A statement that petitioner(s) does not own or have an interest in any contiguous property, or in the event that petitioner(s) does have such an interest, a metes and bounds description of such property.
B.
All signatures to a petition shall be duly verified.
C.
The following shall be submitted with the petition and shall be filed with the Village Clerk:
(1)
Original and nine confirmed copies of the petition.
(2)
Ten copies of a diagram, drawn to scale, prepared by a registered professional engineer or a registered land surveyor, showing by courses and distances the property which is the subject of the application and all of the properties within 200 feet of the perimeter line of said property, and showing to scale all structures within the area, indicating the use and showing the current zoning of all areas depicted and showing the distance and direction from the nearest intersecting street. All such diagrams shall contain the following certification:
I do hereby certify that the area map accurately describes the uses of the property surrounding the subject premises as of (date). | |||
|---|---|---|---|
SIGNATURE ..................................................... | |||
(3)
A copy of the notice to property owners as required under Subsection D of this section.
(4)
Return receipt card, except that such return receipt card may be filed within 45 days after the filing of the petition (see Subsection D of this section).
(5)
A list containing the names and addresses of all owners to whom notices were sent.
(6)
A sworn statement from the petitioner or his representative, stating that notices have been sent by either certified or registered mail to adjacent property owners as required by this section.
(7)
Filing fee.
(8)
A four-inch-by-four-inch diagram, to be approved by the Planning Board, prepared by a registered professional engineer or registered land surveyor, indicating the location of the property which is the subject of the application with respect to the nearest intersecting street.
(9)
Four copies of the village map on which the property which is the subject of the application is located. Such maps shall show the outline of the property which is the subject of the application.
D.
A notice containing the following information must be sent by either certified or registered mail, return receipt requested, to every property owner, as shown on the current Village of Lake Grove assessment roll, within the area proposed to be changed in district classification who has not joined in the petition and to every property owner immediately adjacent and directly opposite thereto for a distance of 200 feet from the perimeter of the property proposed to be changed in district classification. Such notices shall be mailed at least 30 days preceding the filing of the petition in the office of the Village Clerk. In the event that the petitioner owns or has an interest in property contiguous to the property proposed to be changed in district classification, such distance shall be measured from the perimeter of such contiguous property.
(1)
Before or on the same date that such notice is mailed, the applicant must file in the office of the Village Clerk:
(a)
A survey of the property showing all the metes and bounds description of the property proposed to be changed in district classification and any contiguous property which the petitioner owns or has an interest in.
(b)
A detailed diagram or drawing of the proposed use, building or structures to be erected thereon.
(c)
The purpose, type, character, business or use to be made by the proposed change in district classification.
(d)
The name or names of the applicant for the change to be made, and the name or names of the owner of record of the property.
(2)
Said notice shall contain the following additional detailed information:
(a)
The current zoning and proposed change to be made.
(b)
A drawing or diagram of the property to be changed, showing a metes and bounds description of the property which is the subject of the application.
(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 Incorporated Village of Lake Grove 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, the petition shall state on which corner the property affected by the application is located. For the purpose of this article, the word "street" shall mean an existing traveled right-of-way owned and maintained by the Village of Lake Grove or other municipality or governmental authority.
(e)
The name and number of the school district in which the property is situated.
E.
At least three identical posters, not less than 12 inches by 24 inches in size, must be conspicuously posted along the entire length of each street frontage of the property which is the subject of the application, at least 10 days prior to the date set for the public hearing before the Village Board. Such posters must be placed not more than 200 feet apart along the street line of the property which is the subject of the application. Such posters shall contain the following information:
(1)
The current zoning and proposed change.
(2)
That a public hearing will be held before the Village Board at a specified date, time and place with regard to the proposed application. The applicant shall be required to file an affidavit of posting with the Village Clerk not later than the date specified for the public hearing.
F.
The applicant shall mail the notice of public hearing before the Village Board, giving the date, time and place of such hearing, together with a radius map and survey, by either certified or registered mail, return receipt requested, to every property owner shown on the current Town of Brookhaven and Village of Lake Grove assessment rolls within the area immediately adjacent and directly opposite thereto for a distance of 200 feet from the perimeter of the property proposed to be changed in district classification. Said notice shall be mailed at least 10 days before the date of the hearing. The notice shall be published by the Village Clerk and shall contain the following:
(1)
The name of the applicant.
(2)
The existing zone and proposed change.
(3)
A statement that a public hearing on the proposed change will be held at a specified time, date and place.
(4)
A metes and bounds description of the property which is the subject of the application.
(5)
The distance and direction of the subject property from the nearest intersecting street, or if said property is located at an intersection, the corner on which said property is located.
(6)
The school district in which the property is located.
(7)
A four-inch-by-four-inch diagram showing the location of the subject property with respect to the nearest intersecting street.
(8)
A statement that a more detailed diagram of the property which is the subject of the application is on file at the office of the Village Clerk and may be examined during regular office hours by any interested person.
(9)
A statement that any interested person will be given the opportunity to be heard at the public hearing.
G.
After the date of the public hearing and if the proposed change has been approved by the Village Board, the applicant shall file with the Village Clerk and the Planning Board a certified survey prepared by a registered land surveyor, showing by courses and distances the property which is the subject of the application. Said survey shall be dated within 90 days of the date of submission and must be filed not later than 90 days after the date the Village Board takes action on the application, except that the Village Board may extend such period of time for good cause and upon written application. The Village Clerk shall not publish notice of adoption of the change of zone until the survey has been filed.
H.
No petition shall be accepted or filed with respect to any property which has been the subject of a public hearing pursuant to this section during the period six months immediately following such public hearing unless such petition sought to be filed shall have endorsed thereon the consent to the filing thereof of at least three members of the Village Board.
I.
A petition may be withdrawn by the applicant at any time prior to the time the Village Board takes action on such petition. Upon such withdrawal, the petitioner shall be entitled to the refund of the filing fee less publication fees, postage costs, legal fees and all other expenses necessarily incurred in the processing of the applicant's petition.
§ 175-93 Procedure on village's own motion.
Whenever the Village Board, on its own motion or upon recommendation of the Planning Board, shall consider any change of use district classification, the resolution setting a date for a public hearing shall contain a clause requiring that the owners of all property within the boundaries of the property proposed to be changed in use district classification and all property owners immediately adjacent and directly opposite thereto for a distance of 200 feet from the perimeter of the property proposed to be changed in use district classification be notified of the proposed change, except as hereinafter provided. Said notice shall be sent by either certified mail or registered mail, return receipt requested, to such owners at the address shown on the current Brookhaven town or village assessment roll. Said notice shall contain a description sufficient to identify the property which is proposed to be changed in use district classification, together with information substantially similar to that required by § 175-92D of this chapter. In the following enumerated cases, the notice required by this section shall not be required:
A.
In the event that the area of the proposed change of zone represents 50% or more of the property contained within the bounds of a school district within the Village of Lake Grove.
B.
In the event that the area of the proposed change of zone exceeds 50 acres.
C.
In all other cases where the Village Board of the Village of Lake Grove shall determine that the notice required by this section shall be dispensed with.
§ 175-94 Filing fee and deposit for zone change.
The filing fee shall be as set forth in the fee schedule of the Village of Lake Grove.[1] Said fee shall be paid when the petition is filed, together with a deposit in such amount as the Village Clerk estimates to be the expenses of advertising the notice of public hearing. If the application is granted, the applicant shall, upon request, pay to the Village Clerk a deposit in such amount as the Village Clerk estimates to be the expenses of advertising the notice of adoption, together with any covenant sought to be imposed by the village and any recording expenses. Any portion of such deposit remaining after all advertising and recording expenses have been paid shall be refunded to the applicant; any deficiency shall be paid upon request by the Village Clerk.
[1]
Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.
§ 175-95 Filing of restrictive covenants.
Whenever the Village Board as a condition for the granting of an application for change of use district classification requires a restrictive covenant to be imposed upon the subject property, such restrictive covenant must be filed in the office of the Village Clerk not later than 60 days from the date the applicant was notified of the granting of the change in use district classification by the Village Clerk, except that the Village Board may extend the time for filing the restrictive covenant for good cause and upon written application. Failure to file said restrictive covenant with the Village Clerk within the stipulated period of time shall render the granting of the change ineffective and null and void.
§ 175-96 Amendment of restrictive covenants.
A.
The Village 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 use district classification.
B.
A petition requesting such relief shall be addressed to the Village Board and shall state the following:
(1)
The name and address of the petitioner.
(2)
A precise description of the boundaries of the property.
(3)
The covenant imposed on the property.
(4)
The change requested.
(5)
The reasons therefor.
C.
The Village Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing thereon and cause notice to be given in accordance with the provisions of the Village Law § 7-706.
D.
At least 10 days before the public hearing, the petitioner shall mail notice thereof, together with a copy of the petition, by either certified or registered mail, return receipt requested, to every owner of property, as shown on the current Village of Lake Grove tax roll, immediately adjacent to the property affected by the covenant and directly opposite thereto for a distance of 200 feet from the perimeter of the property.
E.
The following shall be submitted and filed with the Village Clerk:
(1)
Original and nine copies of the petition.
(2)
Ten copies of a diagram, drawn to a suitable scale, showing the dimensions of the property described in 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 of the aforesaid notice and petition.
(6)
Return receipts.
§ 175-97 Filing fee for amendment of covenant.
Prior to the filing of each petition authorized by § 175-96, a fee shall be paid to the Village Clerk with respect thereto in an amount as set forth in the fee schedule of the Village of Lake Grove.[1]
[1]
Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.