A. The Town Board may, from time to time, on its own motion or on verified petition or on recommendation of the Planning Board, amend, change, supplement or repeal the regulations, restrictions, district boundaries and provisions of this chapter, including the Zoning Map, after public notice and hearing.
B. Such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board and the Architectural Review Board for reports thereon. The Town Board, by resolution adopted at a meeting thereof, shall fix the time and place of a public hearing on the proposed amendment or change and cause notice to be given in accordance with the provisions of the Town Law.
Amendments are conditioned to the development of the property in accordance with the petition and any covenants and restrictions within six (6) months of such amendment.
A.verified petition requesting a change of use district classification shall be addressed to the Town Board in quintuplicate, on the form prescribed by the Commissioner of Planning and Development, available at cost, and must contain the original signature of each petitioner and shall state clearly and concisely the following:
A. That the petitioner is the owner or contract vendee of all the property affected by the application. If the petitioner is other than the owner, he must obtain the consent of the owner, which consent must be duly acknowledged.
B. The current zoning of the property, the change desired and the reason for such change.
C. Metes and bounds description of the boundaries of the property affected by the application.
D. A statement as to which side of any street in the Town of Babylon the property affected by the application is located and the distance and direction from the nearest intersecting street. If the property is located at the intersection of two (2) or more streets, a petition shall state on which corner the property affected by the application is located. For the purposes of this Article, the word street" shall mean an existing traveled right-of-way owned and maintained by the Town of Babylon or other municipality or governmental authority.
E. The name and number of the school district in which the property is situated.
F. A statement as to whether or not the property is within five hundred (500) feet of the boundary line of any incorporated village, other town, state park or state park way.
G. The name and address of each petitioner.
H. A statement as to whether or not property affected by the application has been the subject of a previous application for rezoning for a period of one (1) year preceding the filing of this application.
I. A statement that the petitioner does not own or have an interest in any contiguous property or, in the event that the petitioner does have such an interest, a metes and bounds description of such property.
The original petition and four (4) confirmed copies thereof shall be filed with the Department of Planning and Development together with the appropriate fee therefor and the following exhibits attached to each petition copy:
A. An eight-inch by ten-inch glossy photograph of the property.
B. A nine-inch by fourteen-inch aerial photograph (two hundred-foot scale). with the property affected prominently identified; however, this requirement may be waived by the Town Board on the recommendation of the Commissioner of Planning and Development to the effect that such photograph will not add significantly to consideration of the petition.
C. Complete metes and bounds description (separate from that appearing in the petition body).
D. A photocopy of the deed and/or any deed restrictions or easements affecting the property to which the application is to apply.
E. A full disclosure affidavit, in the form prescribed by the Town Attorney.
F. The names and addresses of property owners adjacent to the affected property.
G. A sworn statement to the effect that all owners of property lying within a two-hundred-foot perimeter of the affected property have been notified of the petition and that it is on file at the Department of Planning and Development for public inspection. Included with this exhibit shall be the actual postal receipts for the certified or registered postage of said notice to all such neighboring owners.
H. Thirteen (13) copies of a recent survey, drawn to scale, prepared by a person registered in the State of New York as a licensed professional engineer or licensed land surveyor, revealing the area in square feet and the exact distance to the nearest intersection of streets, if the affected property is not located at a corner. Included on this survey shall be a statement signed by the preparer thereof to the effect that the survey accurately describes the uses of the property surrounding the affected property as of that date.
I. An affidavit to be filed not later than forty-eight (48) hours prior to the public hearing on the petition stating that identical posters, not more than two hundred (200) feet apart, have been conspicuously posted along the street frontage of the affected property at least ten (10) days prior to the time set for public hearing.
J. A proposed site plan, prepared in accordance with the Code of the Town of Babylon and the specifications of the Planning Board, in twelve (12) copies, for Planning Board review.
K. Elevational drawings of the affected property, in seven (7) copies, for review of the Architectural Review Board.
L. A copy of the Zoning Map outlining the lines of the affected property in red and with any school district lines outlined in green.
M. A list of neighboring property owners produced from the assessment roll of the Town of Babylon, together with a map showing all structures and locating by number all said owners' properties within two hundred (200) feet of the perimeter of the affected property. Included in this list shall be the identities and addresses of all other affected parties. On this same map, a five-hundred-foot radius within which the zoning is shown for all properties located between the two-hundred-foot radius and the five-hundred-foot radius shall be included. [Amended 104-77]
A. The petitioner shall erect on the affected property a sign or signs of black printing on a white background measuring thirty (30) inches high and forty (40) inches wide, which shall be prominently displayed on the premises facing each public street on which the affected property abuts, set back not less than ten (10) feet from the property line and shall not be less than two (2) feet nor more than six (6) feet above the grade at the property line, giving notice that an application for change of zone is pending and the date, time and place when the public hearing will be held.
B. The sign shall be of the standard type prescribed by the Commissioner of Planning and Development.
C. Each sign shall be displayed for a period of not less than ten (10) days immediately preceding the public hearing or an adjourned date thereof. Subject to rebuttal, the filing of an affidavit by the petitioner reciting the facts of such posting shall be deemed sufficient proof of compliance herewith.
A. Upon submission of the required petition and exhibits as provided in §§ 213-30 through 213-35, the application shall be forwarded to the Planning Board and Architectural Review Board, which shall forward their recommendations to the Town Board upon completion of their proceeding with regard to the same. Upon such recommendations, the Town Clerk may be directed by the Town Board to set the petition down for public hearing at a time convenient for Town Board consideration. [Amended 5-7-2002 by L.L. No. 7-2002)
B. The notice of public hearing before the Town Board published by the Town Clerk shall contain the following: [Amended 10.4-1977]
(1) The name of the applicant.
(2) The existing zoning and the proposed change or amendment.
(3) A statement that public hearing on the proposed change will be held at a specific time, date and place.
(4) A metes and - bounds description of the affected property.
(5) The distance and direction of the affected property from the nearest intersection of streets and, if the property is located on a corner, which corner.
(6) The school district in which the property is located.
(7) A statement that a more detailed diagram of the property which is affected by the petition is on file in the office of the Department of Planning and Development and may be examined during regular office hours by any interested person.
(8) A statement that any interested person will be given the opportunity to be heard at the public hearing.
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 one year immediately following such public hearing, unless such petition shall have endorsed thereon the consent to the filing thereof of at least three members of the Town Board.
A.petition may be withdrawn by the petitioner at any time prior to Town Board action, after public hearing. Upon withdrawal, the petitioner shall be entitled to a refund of 1/2 of the filing fee submitted with the petition, less any necessary incidental expenses incurred in connection with the processing of the petition withdrawn.
