North Castle City Zoning Code
ARTICLE XIII
Amendments
§ 355-80 Procedure.
[Amended 7-18-1996 by L.L. No. 4-1996]
A.
Enabling act. The Town Board may from time to time, on its own motion, on petition or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this chapter in the manner provided by the Town Law.
B.
Petition. Upon presentation to the Town Board of a petition requesting an amendment, supplement, change, modification or repeal of the regulations and/or restrictions prescribed for any such district or part thereof or for a change or modification in such district's boundaries as shown on the Zoning Map, duly signed and acknowledged by the owners of at least 50% of the area included in the zoning district affected by such proposed amendment, it may receive said petition and refer same to the Planning Board for a report and recommendation as provided for in Subsection C.
C.
Planning Board. Every such proposed amendment or change to be considered by the Town Board shall be referred to the Planning Board for report thereon before a public hearing is conducted by the Town Board. In recommending the adoption of any such proposed amendment, the Planning Board shall state, in writing, its reasons for such recommendation, describing any conditions that it believes make the amendment advisable, and specifically setting forth the manner in which, in its opinion, the amendment would be in accordance with the Town Development Plan Update and be in the furtherance of the purposes set forth in Article I of this chapter. In recommending the rejection or revisions of any proposed amendment, the Planning Board shall similarly state its reasons. Failure on the part of the Planning Board to report to the Town Board its recommendation with respect to any proposed amendment within 30 days after the date of referral shall be deemed to be approval thereof, unless such proceeding have theretofore been terminated or such time be extended by resolution of the Town Board.
D.
Westchester County Planning Board review. At least 10 days prior to the public hearing at which such amendment is to be considered, the Town Board, in accordance with Section 451 of Article 15 of the Westchester County Administrative Code,[1] shall refer to the Westchester County Planning Board all proposals affecting real property abutting:
(1)
The boundary of any state or county park;
(2)
The right-of-way of any state or county road, parkway or expressway;
(3)
The right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; and
(4)
The boundary of any county- or state-owned land on which a public building or institution is located.
E.
Notice.
[Added 12-18-1997 by L.L. No. 8-1997; amended 5-14-2008 by L.L. No. 7-2008]
(1)
Notice of any hearings before the Town Board to consider an amendment pursuant to Town Law § 265 shall be published in a newspaper circulating within the Town of North Castle at least 10 days prior to the date of said hearing. The mailing of notices as required by the Town Board shall be at least 10 days before such hearing. The preparation and cost of publication and mailing of any notice required for such hearing shall be at the cost and expense of the petitioner, if one exists.
(2)
If a petitioner exists, notice of the hearing shall be sent by first class mail to all property owners within a distance of 250 feet of the property lines on both sides of the street on which the property fronts and to adjoining property owners or owners to the rear of the property affected. Notice of hearing shall be mailed by the applicant in official envelopes provided by the Town of North Castle. Proof of mailing to all required property owners shall be demonstrated by providing the Town with a certificate of mailing (PS Form 3817 or 3877). In those instances where the Town Board is acting on its own motion and without petition and the proposed action is in accord with the Town's adopted Comprehensive Plan, the Town Board shall determine whether the mailing of notices shall be required.
[Amended 2-25-2015 by L.L. No. 2-2015]
F.
Additional notification. In any case where said amendment affects any real property lying within 500 feet of the boundary of any municipality, the clerk of said municipality shall be notified thereof at least 10 days prior to the public hearing at which such matter is to be considered, in accordance with Section 452 of Article 15 of the Westchester County Administrative Code.[2]