Spring Valley City Zoning Code
ARTICLE XIV
Amendments
§ 255-64 General provisions.
This chapter or any part thereof may be amended, supplemented or repealed from time to time by the Village Board on its own motion or upon recommendation by the Planning Board or by petition.
§ 255-65 Amendments on petition.
Petitions to amend this chapter shall be in writing and shall contain a description of the property affected, together with such other information as the Village Board shall require. Such petitions shall include the names and addresses of all owners of real property within 500 feet of the property affected or any other contiguous property of a petitioner in the same ownership. All petitions for amendment of this chapter, excepting those submitted by the Planning Board on motion of the Village Board, shall be accompanied by a fee in accordance with the Standard Schedule of Fees of the Village of Spring Valley.[1]
§ 255-66 Public hearing; notice of hearing.
The Village Board shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof as provided by Village Law.
§ 255-67 Notification.
If any proposed amendment consists of or includes either of the following conditions, the Village Clerk shall transmit to the appropriate office or official a copy of the official notice of the public hearing not later than 10 days prior to the date of hearing:
A.
Any change in the boundaries of any district, which change would occur within a distance of 500 feet of the boundary of any village or town or a state or county road.
B.
Any change in the regulations prescribed for any district, any portion of which is located within 500 feet of the boundary of any village or town or a state or county road.
§ 255-68 Village Planning Board referral; report.
A.
Referral. Prior to a public hearing, every such proposed amendment shall be referred by the Village Board to the Village Planning Board for a report, unless the proposed amendment was initiated by the Planning Board. The Village Board shall not take action on any such amendment without such report from the Planning Board unless the Planning Board fails for any reason to render such report within 60 days following the date of such referral.
B.
Report of the Planning Board. In making such report on a proposed amendment, the Planning Board shall make inquiry and determination concerning the items specified below:
(1)
Concerning a proposed amendment to or change in the text of this chapter:
(a)
Whether such change is consistent with the aims and principles embodied in the local law 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 requirements.
(d)
Whether such proposed amendment is consistent with the aims of the Comprehensive Plan (Master Plan) of the village.
[Amended 4-11-1995 by L.L. No. 1-1995]
(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 created to serve the needs of any additional residences 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 Plan (Master Plan).
[Amended 4-11-1995 by L.L. No. 1-1995]
(e)
Whether the proposed amendment is likely to result in an increase or decrease in the total residential capacity of the village and the probable effect thereof.
(f)
Such other or different matters as may be appropriate in the circumstances.
§ 255-69 County Planning Board referral.
If any proposed amendment consists of or includes any of the following conditions, the Village Clerk shall, prior to final action by the Village Board, refer the proposed amendment to the Rockland County Planning Board:
A.
Any change in the district classification of or the requirements applying to real property abutting:
(1)
The boundary of any village or town.
(2)
The boundary of any state or county park or other recreation area.
(3)
The right-of-way of any state parkway, thruway, road or other controlled access highway or county road or parkway.
(4)
The right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines.
(5)
The boundary of any county- or state-owned land on which a public building or institution is located.
§ 255-70 Procedure in event of protest.
In the case of a protest against any amendment, such amendment shall not become effective except in accordance with the provisions of § 7-708, Subdivision 1, of the Village Law.