Walden City Zoning Code
ARTICLE XI
Amendments
§ 305-66 Procedure for amendments.
[Amended 4-27-1993 by L.L. No. 2-1993]
This chapter or any part thereof, including the Zoning Map, may be amended, supplemented or repealed from time to time by the Board of Trustees, on its own motion, on petition from the public or upon recommendation by the Planning Board. Prior to public hearing, every such proposed amendment shall be referred by the Board of Trustees to the Planning Board for a report. The Board of Trustees shall not take action on any such amendments without such report from the Planning Board unless the Planning Board fails for any reason to render such report within 30 days following the date of such referral.
A.
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 changing the text of this chapter:
(a)
Whether such change is consistent with the aims and principles embodied in this chapter to the particular district's concern.
(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 effect of such change on other regulations.
(d)
Whether such proposed amendment is consistent with the aims of the Comprehensive Plan of the Village.
(2)
Concerning a proposed amendment involving a change in the Zoning Map:
(a)
Whether the use permitted by the proposed change would be appropriate in the area concerned.
(b)
Whether public facilities and services, including roads, water and sewer, 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.
B.
Fee. Each petition for a zoning amendment shall be accompanied by a fee in accordance with the schedule of fees of the Village of Walden as may be adopted from time to time by the Board of Trustees.
C.
Notice of public hearing. By resolution adopted at a meeting of the Board of Trustees, the Board of Trustees shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof in accordance with the provisions of § 7-706 of the Village Law.
D.
Notification of adjacent municipalities and other agencies. Should any proposed amendment affect property within 500 feet of any adjacent municipality or other agency prescribed in § 7-706 of the Village Law, the Village Clerk shall transmit to the municipality or municipalities or agencies a written notice of the public hearing at least 10 days prior to the date of public hearing, as prescribed by § 7-706 of the Village Law.
E.
Referral to county and SEQRA. The procedural requirements set forth herein shall be in addition to the requirements of the provisions of §§ 239-l and 239-m of the General Municipal Law relating to review by a county planning board or agency and the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations, which are codified in Title 6 Part 617 of the New York Codes, Rules and Regulations.
§ 305-67 Petitions for amendment; fee.
[Amended 4-22-1986 by L.L. No. 5-1986]
Petitions for amendments shall be submitted in quadruplicate to the Municipal Clerk, together with an application fee which shall be determined by the Board of Trustees.
§ 305-68 Petitions for change in Zoning Map.
Any petition for a change in the Zoning Map shall include the following:
A.
The name of the property owner.
B.
A map accurately drawn to an appropriate scale, showing the proposed zone district boundary changes, property lines, the calculated areas affected in acres or square feet, the street rights-of-way in the immediate vicinity, and the lands and names of owners immediately adjacent to and extending within 100 feet of all boundaries of the property to be rezoned.
C.
A metes and bounds description of the proposed amendment.
§ 305-69 Public hearings on amendments.
The Board of Trustees, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendments and cause notice to be given.
§ 305-70 Referrals to Planning Board.
Every such proposed amendment or change, whether initiated by the Board of Trustees or by petition, shall be referred to the Planning Board for report before the public hearing is held thereon.
§ 305-71 Referrals to County Planning Department.
Should any proposed amendment consist of or include any of the conditions stated in § 305-50B(5), the Board of Trustees shall refer the proposed amendment to the Orange County Planning Department in accordance with the provisions of §§ 230-l and 239-m, Article 12-B, of the General Municipal Law of the State of New York, as the same may be amended or replaced, as soon as possible, and in any case prior to the public hearing.
§ 305-72 Additional notice.
The Board of Trustees may require a petitioner to give additional forms of public notice or notice to adjacent property owners.
§ 305-73 Decisions on amendments referred to County Planning Department.
The Board of Trustees shall reserve decision on all zoning amendments or changes which must be referred to the Orange County Planning Department until its report has been presented, provided that such report is presented within a period of 30 days after the Orange County Planning Department receives such referral.
§ 305-74 Procedure upon adoption of Zoning Map changes.
Upon adoption of a change in the Zoning Map, the municipality or the petitioner shall cause a monument to be placed at one location on the property's street frontage and also file with the Municipal Clerk and the Building Inspector copies of an accurate survey description and drawing of the area affected by such amendment.