Massena Village City Zoning Code
ARTICLE VI
Administration
§ 300-27 Interpretation and application.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, morals and general welfare. It is not intended by this chapter to abrogate, annul or in any way to impair or interfere with any existing provisions of law or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises. Where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger yards or other open spaces than are imposed or required by such existing provisions of law or by such rules or regulations or permits, the provisions of this chapter shall control.
§ 300-28 Contractor requirements.
[Added 9-4-2001 by L.L. No. 2-2001]
All contractors performing any work in the Village will register with the Village Building Office. The requirements to register are:
A.
Proof of liability insurance.
B.
Proof of Workers' Compensation Insurance.
C.
Three references.
§ 300-29 Building permits, certificates of occupancy and other fees.
A.
Building permits and certificates of occupancy. No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, removal, demolition of any building or structure (including swimming pools, storage buildings, fencing, roofing and siding), nor change the occupancy classification and/or install plumbing, electrical, heating or ventilation systems without having applied for and obtained a permit from the Village of Massena. However, no permit shall be required for the performance of necessary repairs (such as the replacement of existing windows and doors or the construction of patios at grade level) which are not of a structural nature. Such work shall nevertheless be done in conformance with the Uniform Code.
[Added 9-4-2001 by L.L. No. 2-2001]
B.
Enforcement by the Code Enforcement Officer.
(1)
It shall be the duty of the Code Enforcement Officer to enforce the provisions of this chapter and all related rules, conditions and requirements adopted or specified pursuant thereto.
(2)
The Code Enforcement Officer and his duly authorized assistant(s) shall have the right to enter any building or enter upon any land at any reasonable hour as necessary in the execution of their duties, provided that:
(a)
The Code Enforcement Officer shall notify the occupant before conducting any inspection.
(b)
The Code Enforcement Officer or his duly authorized assistant(s) shall display identification from the Village of Massena upon commencing an inspection.
(c)
Inspections shall be commenced in the presence of the owner or his representative or the occupant.
(3)
The Code Enforcement Officer shall maintain a record of complaints of a violation of the provisions of this chapter, as well as action taken as a result of such complaints.
(4)
The Code Enforcement Officer shall submit to the Village Board, for insertion in the Board minutes, a written report summarizing for the month all permits issued.
(5)
Work for which a building permit is in effect shall be inspected for approval prior to enclosing or covering each stage of construction, including building location, site preparation, excavation, foundation, framing, superstructure, electrical, plumbing and heating and air conditioning. It shall be the responsibility of the applicant to inform the Code Enforcement Officer that the work is ready for inspection.
(6)
Existing buildings not subject to inspection under Subsection A(5) of this section shall be subject to periodic inspections for compliance with the Uniform Code. Notwithstanding any requirement of this section to the contrary, no regular periodic inspections of occupied dwelling units shall be required. This shall not be a limitation on inspections conducted at the invitation of the occupant or where conditions on the premises threaten or present a hazard to the public health, safety or welfare.
C.
Permits.
(1)
Except as may be otherwise provided elsewhere in this chapter, all applications for building permits and use permits as required by this chapter shall be accompanied by plans in duplicate, drawn to scale, showing actual shape and dimensions of the lot to be built upon or used; the size and location of all existing and proposed structures on the lot; the existing and intended use of each building or lot or part of each building or lot; the number of families or housekeeping units the building is designed to accommodate; and such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. One copy of such plans shall be returned when approved and one copy shall be kept on file by the Code Enforcement Officer.
(2)
All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on a survey made by a licensed land surveyor, and the lot shall be staked out on the ground before construction is started.
(3)
No building permit or use permit shall be issued for any building or use subject to site plan approval by the Planning Commission, except in conformity with the plan approved by said Commission or unless found by the Code Enforcement Officer to be exempt from site plan approval pursuant to § 300-29E of these regulations.
[Amended 10-5-1995 by L.L. No. 3-1995]
(4)
No building permit or use permit shall be issued for a building or use permitted subject to a variance granted by the Board of Appeals, except in accordance with all conditions which may have been prescribed by such Board.
(5)
The Code Enforcement Officer shall, within 10 days after the filing of a complete and properly prepared application, either issue or deny a building permit. If a building permit is denied, the Code Enforcement Officer shall state in writing to the applicant the reasons for such denial.
(6)
Every building permit shall expire if the work authorized has not commenced within three months after the date of issuance or has not been completed 12 months from such date for construction costing less than $1,000,000 or has not been completed within 18 months from such date for construction costing in excess of such amount. If no amendments to this Zoning Chapter or to other codes or regulations affecting subject property have been enacted in the interim, the Code Enforcement Officer may authorize, in writing, the extension of either of the above periods for an additional six months, following which no further work is to be undertaken without a new building permit.
(7)
As soon as the foundation of a building or of any addition to an existing building is completed and before first-story framing or wall construction is begun, there shall be filed with the Code Enforcement Officer an accurate survey signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lines of the lot.
(8)
Application for a building permit shall be accompanied by a fee as set forth in the fee schedule of the Village of Massena as shown below:
[Amended 10-2-2007 by L.L. No. 2-2007]
Construction Value | Fee | |
Minimum fee $0 to $4,000 | $25 | |
For each $1,000 above $4,000 | $2 | |
Sidewalk permit | $25 | |
Demolition permit | $10 for each $1,000 of building assessed value | |
Add-on fee for not obtaining a building permit | $50 for 1st violation, $100 for 2nd and further violations |
(9)
No permit for excavation or construction shall be issued by the Code Enforcement Officer until the plans and specifications and the intended use conform to the provisions of this chapter.
D.
Certificate of occupancy.
(1)
Certificate required.
(a)
It shall be unlawful for an owner to use or permit the use of a building or premises or part thereof hereafter created, erected, changed, converted, restored or enlarged, moved wholly or partly, in its use or structure, until a certificate of occupancy shall have been issued by the Code Enforcement Officer. Such certificate shall show that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter. It shall be the duty of the Code Enforcement Officer to issue a certificate of occupancy, provided that the building and the proposed use thereof conform to all the requirements herein set forth.
(b)
No use or occupancy of a building or structure may be commenced until a certificate of occupancy has been issued for that building or structure. A temporary certificate of occupancy may be issued by the Code Enforcement Officer if the building or structure or a designated portion of a building or structure is sufficiently complete so that it may be put to the use for which it is intended. A temporary certificate of occupancy shall expire in six months, but it may be renewed once.
(c)
A certificate of occupancy shall be deemed to authorize and is required for both initial occupancy and the continued occupancy and use of the building or land to which it applies.
(2)
Application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made on forms furnished by the Code Enforcement Officer, after erection of such building or part thereof has been completed. In the case of a new building, such application shall be accompanied by an accurate plot plan, or if not available, by a survey prepared by a licensed land surveyor or engineer showing the location of all buildings as built.
(3)
If the proposed use is in conformity with the provisions of this chapter and all other applicable codes, laws and ordinances, a certificate of occupancy for the use of vacant land or for a change of use shall be issued by the Code Enforcement Officer within 10 days after receipt of a properly completed application. If a certificate of occupancy is denied, the Code Enforcement Officer shall state the reasons, in writing, to the applicant.
(4)
A record of all permits and certificates of occupancy shall be kept in the office of the Code Enforcement Officer.
(5)
Fee for certificate of occupancy/certificate of compliance: $25.
[Added 10-2-2007 by L.L. No. 2-2007]
E.
Construction commencing prior to enactment of this chapter. All permits for buildings and structures issued prior to the enactment of this chapter which are contrary to the provisions of this chapter shall be null and void unless the construction of said building or structure has been substantially commenced prior to the enactment of this chapter. If building operations are discontinued for a period of 12 months, any further construction shall be in conformity with the provisions of this chapter.
F.
Other fees.
[Added 10-2-2007 by L.L. No. 2-2007]
(1)
Site plan review application: $25 for 10,000 square feet or less; $10 for each additional 10,000 square feet of building.
(2)
Special use permit: $50.
(3)
Variance application: $50.
(4)
Zoning change application: $100.
(5)
Rental inspection fee: $15 (done every three years).
§ 300-30 Board of Appeals.
A.
The powers of the Board of Appeals shall be those specified by Village Law § 7-712 and as set forth below.
B.
Appellate jurisdiction.
(1)
The Board of Appeals, after the proper public hearing and notice, shall hear and decide appeals from and review any order, requirement, decision or determination made by the Code Enforcement Officer or other officer charged with the enforcement of this chapter. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, such Board shall have the power, in passing upon appeals, to vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures or the use of land so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.
(2)
It may, in a specific case, with public notice and hearing and subject to appropriate conditions and safeguards, grant conditional and temporary permits for a period of six months and may renew such permits for one additional period of six months for use of existing structures not otherwise permitted by this chapter in the district in which such structures are located.
C.
Original jurisdiction. The Board of Appeals may, in a specific case, after public notice and hearing, determine and vary the application of the regulations herein established in harmony with their general purpose and intent.
(1)
Variances. The Board of Appeals may vary or adapt the strict application of any of the requirements of these regulations where strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved.
[Amended 9-4-2001 by L.L. No. 2-2001]
(a)
Use variance. The Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of these regulations, shall have the power to grant use variances as defined herein.
[1]
No such use variance shall be granted by a Board of Appeals without a showing by the applicant that the applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
[a]
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
[b]
That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
[c]
That the requested use variance, if granted, will not alter the essential character of the neighborhood; and
[d]
That the alleged hardship has not been self-created.
[2]
The Board of Appeals, in granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(b)
Area variance. The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of these regulations, to grant area variances as defined herein.
[1]
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider:
[a]
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
[b]
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[c]
Whether the requested area variance is substantial;
[d]
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[e]
Whether the alleged difficulty was self created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.
[2]
The Board of Appeals, in granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(c)
Imposition of conditions. The Board of Appeals shall, in granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property, and/or the period of time such variance shall be in effect. Such condition shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
D.
Whenever the circumstances of a proposed variance require, the variance application shall be referred to the County Planning Board under § 239-m of the General Municipal Law and § 300-32 of this chapter.
§ 300-31 Site plan approval.
A.
Purpose. It is the objective of this section to provide a process of detailed examination of the particular features of a specific site and its proposed use in order that the overall purpose of these regulations may be achieved in the most equitable and exacting manner possible.
B.
Planning Commission approval (site plan). The Planning Commission is hereby empowered to review and approve site plans and to approve the issuance of any building permit or use permit for those uses required to have such site plan approved. In all districts, site plan approval by the Planning Commission shall be required for:
[Amended 10-5-1995 by L.L. No. 3-1995]
(1)
All uses of vacant land where the district regulations require site plan approval for that use; or
(2)
Any change in use or intensity of use which will affect the characteristics of the site in terms of the considerations listed in § 300-31G; notwithstanding that, a use may be exempted from site plan approval where the Code Enforcement Officer finds that the proposed use would be conducted with no change in provisions for traffic access, circulation, parking, landscaping and screening as shown on a site plan previously approved by the Planning Commission for a use within the same or similar land use category.
C.
Objectives. In considering and acting upon site plans, the Planning Commission shall take into consideration the public health, safety and welfare and the comfort and convenience of the public in general and of the residents of the proposed development and of the immediate neighborhood in particular and may prescribe such appropriate conditions and safeguards as may be required in order that the result of its action shall, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular.
(1)
Traffic access. That all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety conditions.
(2)
Circulation and parking. That adequate off-street parking and loading spaces are provided to prevent the parking in public streets of vehicles of any persons connected with or visiting the use, and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots.
(3)
Landscaping and screening. That all playground, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets, and that the general landscaping of the site is in character with that generally prevailing in the neighborhood. Existing trees over eight inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum extent possible.
D.
Procedure. Site plan reviews shall be conducted according to the following:
(1)
The Code Enforcement Official shall determine the completeness of any application made for a use requiring site plan approval and shall notify the applicant within seven days of the date of application submission if such application is incomplete or deficient in any way and shall further specify the deficiencies.
(2)
The Planning Commission shall hold a presubmission conference with the applicant to review the basic site design concept and determine the information to be required on the final site plan.
(3)
Within six months following the presubmission conference, eight copies of the site plan and any related information shall be submitted to the Code Enforcement Officer at least 10 days prior to the Planning Commission meeting at which approval is requested. If not submitted within this six-month period, another presubmission conference may be required.
(4)
The Planning Commission shall act to approve, approve with conditions or disapprove any such site plan within 62 days after the meeting at which approval is requested. Failure to act within 62 days shall be deemed approval. Planning Commission disapproval shall include written findings upon any site plan element found contrary to the provisions or intent of this chapter. In reviewing the application, the Planning Commission may secure the advice or assistance of one or more expert consultants qualified to advise as to whether a proposed use will conform to the requirements of this chapter. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and such Board. The decision of the Planning Board shall be filed in the office of the Village Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
[Amended 9-4-2001 by L.L. No. 2-2001]
(5)
Approval of amendments to an approved site plan shall be acted upon in the same manner as the application for approval of the original site plan.
(6)
Notice of the Planning Commission's decision shall be given to the Code Enforcement Official, who shall forward this information to the applicant.
(7)
A copy of the Planning Commission's determination shall be attached to the final site plan and filed with the Code Enforcement Officer. A copy of such determination and site plan shall be provided to the applicant.
(8)
Whenever the circumstances of a proposed development require, the site plan shall be referred to the County Planning Board under § 239-m of the General Municipal Law and § 300-32 of this chapter.
(9)
A site plan, following approval by the Planning Commission, shall be valid for a period of 120 days from the date of such approval. If work is commenced within the period of 120 days, such approval shall be valid for a period of one year from the date of approval. Upon application, the Planning Commission shall have the right to extend any period of approval to not more than two years from the date of original approval, provided that no single extension exceeds one year in length.
E.
Required submissions. The Planning Commission shall have the authority to require or to waive any or all of the following in its consideration of a site plan:
(1)
Legal data.
(a)
Section, plat, block and lot numbers of the property, taken from the latest tax records.
(b)
Name and address of the owner of record.
(c)
Name and address of person, firm or organization preparing the map.
(d)
Date, North point and written and graphic scale.
(e)
Sufficient description or information to define precisely the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000.
(f)
Locations, names and existing widths of adjacent streets and curblines.
(g)
Locations and owners of all adjoining lands as shown on the latest tax records.
(h)
Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjacent to the property.
(i)
A complete outline of existing deed restrictions or covenants applying to the property.
(j)
Existing zoning.
(2)
Existing structures and utilities.
(a)
Location of uses and outlines of structures, drawn to scale, on and within 100 feet of the lot line.
(b)
Paved areas, sidewalks and vehicular access between the site and public streets.
(c)
Locations, dimensions, grades and flow direction of existing storm and sanitary sewers, culverts and waterlines, as well as other underground and aboveground utilities within and adjacent to the property.
(d)
Other existing development, including fences, landscaping and screening.
(3)
Proposed development.
(a)
The location of proposed buildings or structural improvements.
(b)
The location and design of all uses not requiring structures, such as off-street parking and loading areas.
(c)
The location, direction, power and time of use for any proposed outdoor lighting or public-address systems.
(d)
Sign diagram, drawn to scale in ink on minimum sheet size of 8 1/2 inches by 11 inches, at an appropriate scale, and accompanying information to illustrate the following:
[1]
Location of building, structure or parcel of land to which or upon which the sign is to be attached or erected, including lot and building dimensions and adjoining structures, land and signs.
[2]
Size and individual dimensions of the sign, including height, width, depth and clear distance from ground level.
[3]
Description of sign, including construction materials, color scheme, text, style, content and lighting, including construction details.
[4]
Statement and description of all other signs located or proposed to be located on the property or within the distance stipulated, to be considered under these regulations.
(e)
The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas; and profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks.
(f)
Any proposed screening and other landscaping, including types and locations of proposed street trees.
(g)
The location of all proposed waterlines, valves and hydrants, and all storm and sanitary sewer lines or alternate means of water supply and sewage disposal and treatment.
(h)
An outline of any proposed easements, deed restrictions or covenants.
(i)
Any contemplated public improvement on or adjoining the property.
(j)
Any proposed new grades, indicating clearly how such grades will meet existing grades of adjacent properties on the street.
(k)
If the site plan only indicates a first stage, a supplementary plan shall indicate ultimate development.
(4)
Any other information deemed by the Planning Commission to be necessary to determine conformity of the site plan with the spirit and intent of this chapter.
F.
No building permit or use permit shall be issued for any building or use subject to site plan approval by the Planning Commission except in conformity with the plan approved by said Commission.
G.
Applicant considerations. In its consideration of an application for a site plan approval, the Planning Commission shall determine that:
(1)
The use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts and uses.
(2)
The location and size of the use, the nature and intensity of the operations involved in or conducted in connection therewith, its site layout and its relation to streets giving access to it shall be such that traffic to and from the use and the assembly of persons in connection with it will not be hazardous or inconvenient to the neighborhood or conflict with the normal traffic of the neighborhood. In applying this standard, the Commission shall consider, among other things, convenient routes of pedestrian traffic, particularly of children, relation to main traffic thoroughfares and to street and road intersections and the general character and intensity of development of the neighborhood. The Commission specifically shall find that:
(a)
All proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety conditions.
(b)
Adequate off-street parking and loading spaces are provided to prevent the parking in public streets of vehicles of any persons connected with or visiting the use, and the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots.
(3)
The locations and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the proper development and use of adjacent land and buildings or impair the value thereof or that the development will not interfere with solar access by solar energy systems in existence on adjacent lots.
(4)
All playground, parking and service areas shall be reasonably screened at all seasons of the year from the view of adjacent residential lots and streets, and the general landscaping of the site is in character with that generally prevailing in the neighborhood. Existing trees over eight inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum extent possible.
§ 300-32 Amendments.
The Board of Trustees may, from time to time, amend, revise or repeal this chapter, including the Building Zone Map, on its own motion or upon recommendation by the Planning Commission or upon petition from any individual or group of individuals. Prior to the public hearing, every proposed amendment shall be referred by the Board of Trustees to the Planning Commission for a report, which shall be rendered within 45 days of such referral.
A.
Report of the Planning Commission. In making such report on a proposed amendment, the Planning Commission shall make a determination concerning the items specified below:
(1)
Concerning a proposed amendment to or change in the text of the chapter:
(a)
Whether such change is consistent with the aims and principles embodied in the 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 in its effect on other regulations.
(d)
Whether such proposed amendment is consistent with the aims of the Comprehensive Development Plan of the Village.
(2)
Concerning a proposed amendment involving a change in the 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, exist or can be reasonably expected to be created to serve the needs of any additional dwellings 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 Comprehensive Development Plan.
B.
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 the 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.
C.
Referrals to St. Lawrence County Planning Board.
(1)
Should any proposed site plan, variance or amendment consist of or include any of the following conditions, the Village Clerk shall, prior to final action, refer the proposed amendment to the St. Lawrence County Planning Board. The matters covered by this section shall include:
(a)
Any amendment thereof which would change the district classification of or the regulations applying to real property lying within a distance of 500 feet from the boundary of any city, Village or town, or from the boundary of any existing or proposed county or state park or other recreation area, or from the right-of-way of any existing or proposed county or state parkway, throughway, expressway, road or highway, or from the 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 from the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated.
(b)
Any special permit, site plan or variance affecting such real property within such distance of 500 feet.
(2)
The term "proposed" shall be deemed to include only those recreation areas, parkways, throughways, expressways, roads or highways which are shown on a county plan adopted pursuant to Subdivision 2 of § 239-d of the General Municipal Law or adopted on an official map pursuant to § 239-g of such law.
(3)
Within 30 days after receipt of a full statement of such referred matter, the county, metropolitan or regional planning agency to which referral is made, or an authorized agent of said agency, shall report its recommendations thereon to the referring municipal agency, accompanied by a full statement of the reasons for such recommendations. If such planning agency fails to report within such period of 30 days or such longer period as may have been agreed upon by it and the referring agency, the municipal body having jurisdiction to act may do so without such report. If such planning agency disapproves the proposal or recommends modification thereof, the municipal agency having jurisdiction shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action. Within 30 days after final action by the municipal agency having jurisdiction on the recommendations, modifications or disapproval of a referred matter, such municipal agency shall file a report of the final action it has taken with the county, metropolitan or regional planning agency which had made the recommendations, modifications or disapproval.
[Amended 9-4-2001 by L.L. No. 2-2001]
D.
Such regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified or repealed by the Board of Trustees. In case, however, of a protest against such change signed by the owners of 20% or more of the area of the land included in such proposed change, or by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of 2/3 of the members of the Board of Trustees in Villages having three members on the Board of Trustees and 3/4 of the members of the Board of Trustees in all the other Villages. The provisions of the previous section relative to public hearings shall apply equally to all changes or amendments.
