Proposed Local Law No. 9 – 2013
AMENDING SECTION 250-53 OF THE VILLAGE CODE TO ELIMINATE THE REQUIREMENT THAT AMENDMENTS TO THE ZONING CODE BE REFERRED TO THE PLANNING BOARD
Be it enacted by the Village Board of the Incorporated Village of Port Jefferson:
The Code of the Incorporated Village of Port Jefferson, County of Suffolk, New York, is amended by:
AMENDING Section 250-53 of the Village Code which shall read as follows:
[New Language] [Language to be Deleted]
§ 250-53 Procedure for amendment.
This chapter or any part thereof may be amended, supplemented or repealed, from time to time, by the Village Board on its own motion or upon recommendation by the Planning Board. Every such proposed amendment shall be referred by the Village Board to the Planning Board for a report before the public hearing. 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 30 days after its next regularly scheduled meeting following the date of such referral.
A. Report of the Planning Board. In making such report on a proposed amendment to or change in the text of this chapter, the Planning Board shall make inquiry and determination concerning the items specified below:
(1) Whether such change is consistent with the aims and principles embodied in this chapter as to the particular districts concerned.
(2) 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.
(3) The indirect implications of such change in its effect on other regulations.
(4) Whether such proposed amendment is consistent with the aims of the Comprehensive Development Plan of the Village.
A. B. No such amendment, supplement or repeal shall become effective until after a public hearing in relation thereto, at which the parties in interest and citizens of the Incorporated Village of Port Jefferson have an opportunity to be heard in person or by an attorney or duly authorized agent. Such proposed amendment, supplement or repeal, however initiated, shall be referred by the Board of Trustees to the Planning Board for report thereon, which report may be considered by the Board of Trustees. The Board of Trustees, by resolution at a meeting thereof, shall fix the time and place of the public hearing on the proposed amendment, supplement or change, and at least 15 days’ notice of the time and place of such hearing shall be published in the official newspaper.
B. C. A petition requesting a change of use district classification shall be addressed to the Board of Trustees and must contain the original signature of each petitioner and shall state clearly and briefly the following matters:
(1) The change desired.
(2) The reasons therefor.
(3) A legal description of the boundaries of the property required to be changed.
(4) The name and number of the school district in which the property is situated.
(5) A statement as to whether or not the property is within 500 feet of the boundary line of any other incorporated Village, town or state park or state parkway.
(6) The name and address of each petitioner who shall be an owner or contract vendee of such property.
(7) The names and addresses of every property owner within an area immediately adjoining the property sought to be changed for a distance of 200 feet and also directly opposite the street frontage of the property sought to be changed for a distance of 200 feet.
C. D. All signatures to the petition shall be duly verified and acknowledged before a notary public.
D. E. The following shall be submitted with the petition and shall be filed with the Village Clerk:
(1) The original and four copies of the petition.
(2) Five copies of a diagram, drawn to suitable scale, showing the dimensions of the property proposed to be changed in district classification, as well as the area immediately adjoining and directly opposite thereto to a distance of 200 feet.
(6) A list containing the names of all owners to whom notices were sent, together with information concerning the location and extent of their property.
(7) A sworn statement from the petitioner or his representative stating that posters have been exhibited and notices sent, either by certified or registered mail, to adjoining and opposite property owners as required by this article.
(8) Each petition for a zoning amendment shall be accompanied by a fee of $250 per acre or any portion thereof or the actual cost of the hearing, whichever is greater, payable to the Village Clerk upon the filing thereof. No fee shall be required for petitions filed in favor of or against a pending application.
E. F. At least three identical posters, not less than 8 1/2 inches by 11 inches in size, describing the proposed change and stating that all persons interested in the change be notified of the date fixed by the Board of Trustees for a public hearing in the matter, must be conspicuously posted for at least two weeks within a period of 30 days immediately preceding the date of filing of the petition. These posters must be placed not more than 200 feet apart and at least three in number shall be posted along the entire length of the frontage of the property sought to be changed.
F. G. A notice containing information similar to that contained in the poster must be sent either by certified or registered mail, return receipt requested, by the applicant to every property owner, as shown on the current assessment roll of the Incorporated Village of Port Jefferson, within the boundaries of the property sought to be changed, and to every property owner within the area immediately adjoining the property sought to be changed for a distance of 200 feet from all property lines.
G. H. No petition shall be accepted or filed with respect to any property which has been the subject of a public hearing pursuant to this article during the period of six months immediately following such public hearing unless such petition sought to be filed shall have endorsed thereon the consent to the filing thereof of at least three members of the Board of Trustees.
H. I. The Board of Trustees shall act to approve or deny any rezoning request within six months of the receipt of an application.
I. J. Every amendment, supplement or change adopted pursuant to this article shall:
(1) Be entered, including any map incorporated therein, in the minutes of the Board of Trustees.
(2) Be published, excluding any map incorporated therein, once in the official newspaper and an affidavit thereof filed with the Village Clerk.
(3) Be posted conspicuously, including any map incorporated therein, at or near the main entrance to the office of the Village Clerk and an affidavit thereof filed with the Village Clerk.
This Local Law shall take effect immediately.