A. Purpose and applicability. The Board of Trustees may from time to time on its own motion, or on petition, or on recommendation of the Planning Board or the Zoning Board of Appeals or Architectural Review Board amend, supplement or repeal the regulations and provisions of this chapter after public notice and hearing, as provided in §§ 7-706 and 7-708 of the Village Law of the State of New York.
B. Procedure.
(1) Step one: Application submittal. Applicable.
(2) Step two: Determination of application completeness. Applicable.
(3) Step three: Application referral, review and staff report. Applicable, with the following referral requirements:
(a) Planning Board. Every such proposed amendment shall be referred by the Board of Trustees to the Planning Board for a report before the public hearing. The Board of Trustees shall not take action on any such amendment without a recommendation from the Planning Board unless the Planning Board fails to render such report within 60 days after the next regularly scheduled meeting of such Board following the time of such referral.
(b) Rockland County Planning Board. Any change in the district classification of or the regulations applying to real property lying within a distance of 500 feet of the following shall be referred to the Rockland County Planning Board prior to final action in accord with §§ 239-l and 239-m of the General Municipal Law.
[1] The boundary of any other municipality (also requires referral to adjoining municipality).
[2] The boundary of any existing or proposed county or state park or other recreation area.
[3] The right-of-way of any existing or proposed county or state road, parkway or other controlled access highway.
[4] The existing or proposed right-of-way of any stream or drainage channel owned by the county for which the county has established channel lines.
[5] The existing or proposed boundary of any county- or state-owned land on which a public building or institution is located.
(4) Step four: Public notice. Applicable, with the following additional notice requirements:
(a) A written notice of any proposed change or amendment affecting property within the protectively zoned area of a housing project authorized under the Public Housing Law, as such area is shown on an approved zoning map filed with the Zoning Office, shall be given to the housing authority erecting or owning the project and to the government providing financial aid for assistance thereto at least 10 days prior to the date of such hearing.
(b) A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any state park or parkway shall be given in the regional State Park Commission having jurisdiction over such state park or parkway no less than 10 days prior to the date of such public hearing.
(c) A written notice of any proposed change of amendment affecting property within 500 feet of the boundaries of any municipality shall be given to the Clerk of such municipality at least 10 days, but not more than 30 days, prior to the date of such hearing.
(5) Step five: Public hearing. Applicable, with the following modifications:
(a) If a protest against the amendment signed by the owners of 20% or more of the area of land included in such proposed change or of that immediately adjacent and within 100 feet of that area of land or that directly opposite thereto, as measured from the adjacent street frontage, such amendment shall not become effective except by the affirmative vote of at least four members of the Board of Trustees.
(b) If the Rockland County Planning Board, following its review of the amendment as required above, provides a recommendation for disapproval or approval with modifications, along with a statement for its reasons for such recommendation, such amendment shall not become effective except by the affirmative vote of at least four members of the Board of Trustees.
(6) Step six: Decision and findings. Applicable.
C. Criteria. In considering a proposed amendment, the Planning Board and Board of Trustees shall consider the following items:
(1) Text amendments.
(a) Whether such change is consistent with the aims and principles embodied in this chapter as to the particular districts concerned.
(b) Which areas 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 Plan of the Village.
(2) Zoning Map amendments.
(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 services exist or can be created to serve the needs of any additional dwelling 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.
(e) Whether the proposed amendment is likely to result in an increase or decrease in the total zoned residential capacity of the Village and the probable effect thereof.
(3) Consistency with Comprehensive Plan. In all cases where the Board of Trustees shall approve an amendment to the Zoning Map, the Board shall find that such amendment is consistent with the aims of the Comprehensive Plan for the Village.
