Whenever the Town Board, on its own motion or upon recommendation of the Planning Board, shall consider any change of use district classifications, the resolution setting a date for a public hearing shall contain a clause requiring that the owners of all property abutting the boundaries of the property to be affected by the proposed change and all owners of property located within 200 feet of the perimeter of the affected property be notified of the proposed change, except as hereinafter provided. Said notices shall be sent either by certified mail or registered mail, return receipt requested, to such owner at the address shown on the current Town of Babylon assessment roll and shall be mailed to such owner at least 10 days prior to the public hearing. Said notice shall contain a description sufficient to identify the property which is proposed to be affected, together with information substantially similar to that required by § 213-31F. This notice shall not be required under the following circumstances only:

A. In the event that the area of the proposed change represents 50% or more of the property contained within the bounds of a school district within the Town of Babylon.

**Webmasters Note: Sections 213-33 through the pervious subsection(A.) have been amended as per a supplement dated 7-25-02.

B. In the event that the area of the proposed change exceeds fifty (50) acres.

C. In all other cases where the Town of Babylon shall determine that the notice required by this section may be dispensed with, consistent with the interests of the owners of property in the surrounding areas.

Whenever the owners of fifty percent (50%) or more of the frontage in any district or part thereof to be affected by a petition shall present to the Town Board a verified petition requesting an amendment, supplement, change, modification or repeal of the regulations prescribed for or of the Zoning Map including such district or part thereof, the Town Board may hold a public hearing thereon and cause notice thereof to be given in the manner prescribed above for changes made on the motion of the Town Board. Whenever a protest against such change signed by the owners of twenty percent (20%) or more of the frontage to be affected by said petition or immediately adjacent to such frontage extending one hundred (100) feet therefrom is presented, such amendment shall not become effective except by the affirmative vote of at least four (4) members of the Town Board.

Whenever the Town Board, as a condition for the granting of an application for a change of zone, requires a restrictive covenant to be imposed upon the affected property, such restrictive covenant must be filed in the office of the Planning Board not later than sixty (60) days from the date the applicant was notified of granting of the change of zone by the Town Clerk; except that the Town Board may extend this time. upon good cause shown. Failure to file said restrictive covenant with the Planning Board within the stipulated period shall render the granting of the change of zone null and void.

A. The Town Board may, from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal any covenant imposed an 'property at the time of a change of zone.

B. A petition requesting such relief shall be addressed to the Town Board and shall state the following:

(1) The name and address of the petitioner.

(2) A precise description of the boundaries of the property.

(3) The covenant imposed on the property.

(4) The change requested.

(5) The grounds therefor.

C. The Town Board, by resolution adopted at a regular meeting, shall fix the time and place of a public hearing thereon and cause notice to be given in accordance with the provisions of § 264 of the Town Law.

D. At least ten (10) days before the public hearing, the petitioner shall mail notice thereof by either certified or registered mail, return receipt requested, to every owner of property, as shown on the current Town of Babylon assessment roll, immediately adjacent and directly opposite the property affected for a distance of two hundred (200) feet from the perimeter of the property.

E. The following shall be submitted and filed with the Planning Board in support of such a petition:

(1) Original and four (4) copies of the petition.

(2) Ten (10) copies of a diagram, drawn to suitable scale, showing the dimensions of the property affected by the petition.

(3) A copy of the notice of hearing.

(4) A list containing the names and addresses of the owners to whom notices were sent.

(5) Affidavit of mailing the aforesaid notices.

(6) Return receipts from such posting.

(7) Affidavit of posting. [Added 6-5-1984]

(8) A full disclosure affidavit in the form prescribed by the Town Attorney. [Added 6-5-1984]

F. Posting of signs by petitioner. [Added 4-19-1984]

(1) 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 is pending and the date, time and place when the public hearing will be held.

(2) The sign shall be of the standard type prescribed by the Commissioner of Planning and Development.

(3) 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.

Except as otherwise provided in this Article, all petitions and exhibits required to be filed according to the provisions of this Article shall be in the form prescribed by the Commissioner of Planning and Development of the Town of Babylon, subject to the approval of the Town Board.

[Amended 4-9-1996 by L.L. No. 8-1996]

Prior to the filing of each petition authorized by this Article, a fee shall be paid to the Town Clerk with respect thereto in such amount as shall be established from time to time by Town Board resolution.

No parcel or part thereof may be the subject of an application change for a change of zone within one (1) year after the Town Board has held a public hearing on an application for a change of zone unless the second application seeks a change to a more restrictive zoning category than was earlier sought.