Legislation
SECTION 7-706
Method of procedure
Village (VIL) CHAPTER 64, ARTICLE 7
§ 7-706 Method of procedure. 1. The board of trustees shall provide
for the manner in which such regulations, restrictions and the
boundaries of such districts including any amendments thereto shall be
determined, established and enforced. However, no such regulations,
restrictions or boundaries shall become effective until after a public
hearing in relation thereto, at which the public shall have an
opportunity to be heard. At least ten days notice of the time and place
of such hearing shall be published in a paper of general circulation in
such village.
2. Service of written notice. At least ten days prior to the date of
the public hearing, written notice of any proposed regulations,
restrictions or boundaries of such districts, including amendments
thereto, affecting property within five hundred feet of the following
shall be served personally or by mail by the village upon each person or
persons as listed below:
(a) the property of the housing authority erecting or owning a housing
project authorized under the public housing law; upon the executive
director of such housing authority and the chief executive officer of
the municipality providing financial assistance thereto;
(b) the boundary of a city, village or town; upon the clerk thereof;
(c) the boundary of a county; upon the clerk of the board of
supervisors or other person performing like duties;
(d) the boundary of a state park or parkway; upon the regional state
park commission having jurisdiction over such state park or parkway.
3. Public hearing. The public, including those served notice pursuant
to subdivision two of this section, shall have the opportunity to be
heard at the public hearing. Those parties set forth in paragraphs (a),
(b), (c) and (d) of subdivision two of this section, however, shall not
have the right of review by a court as hereinafter provided.
4. Additional requirements. The procedural requirements set forth
herein shall be in addition to the requirements of the provisions of
sections two hundred thirty-nine-l and two hundred thirty-nine-m of the
general municipal law relating to review by a county planning board or
agency or regional planning council; the provisions of the state
environmental quality review act under article eight of the
environmental conservation law and its implementing regulations which
are codified in part six hundred seventeen of title six of the New York
codes, rules and regulations and any other general laws relating to land
use and any amendments thereto.
5. Filing. Every zoning law and every amendment thereto (excluding any
map incorporated therein) adopted pursuant to the provisions of this
chapter shall be entered in the minutes of the village board and a copy,
summary or abstract thereof (exclusive of any map incorporated therein)
shall be published once in the official newspaper and a copy of such
local law or amendment together with a summary or abstract of any map
incorporated therein shall be posted conspicuously at or near the main
entrance to the office of the village clerk and affidavits of the
publication and posting thereof shall be filed with the village clerk.
Such minutes shall describe and refer to any map adopted in connection
with such local law or amendment.
6. Map. Each village clerk shall maintain every map adopted in
connection with a zoning local law or amendment.
7. Effective date. Such local law shall take effect upon filing in the
office of the secretary of state, but such local law or amendment shall
take effect from the date of its service as against a person served
personally with a copy thereof, certified by the village clerk; and
showing the date of its passage and entry in the minutes.
for the manner in which such regulations, restrictions and the
boundaries of such districts including any amendments thereto shall be
determined, established and enforced. However, no such regulations,
restrictions or boundaries shall become effective until after a public
hearing in relation thereto, at which the public shall have an
opportunity to be heard. At least ten days notice of the time and place
of such hearing shall be published in a paper of general circulation in
such village.
2. Service of written notice. At least ten days prior to the date of
the public hearing, written notice of any proposed regulations,
restrictions or boundaries of such districts, including amendments
thereto, affecting property within five hundred feet of the following
shall be served personally or by mail by the village upon each person or
persons as listed below:
(a) the property of the housing authority erecting or owning a housing
project authorized under the public housing law; upon the executive
director of such housing authority and the chief executive officer of
the municipality providing financial assistance thereto;
(b) the boundary of a city, village or town; upon the clerk thereof;
(c) the boundary of a county; upon the clerk of the board of
supervisors or other person performing like duties;
(d) the boundary of a state park or parkway; upon the regional state
park commission having jurisdiction over such state park or parkway.
3. Public hearing. The public, including those served notice pursuant
to subdivision two of this section, shall have the opportunity to be
heard at the public hearing. Those parties set forth in paragraphs (a),
(b), (c) and (d) of subdivision two of this section, however, shall not
have the right of review by a court as hereinafter provided.
4. Additional requirements. The procedural requirements set forth
herein shall be in addition to the requirements of the provisions of
sections two hundred thirty-nine-l and two hundred thirty-nine-m of the
general municipal law relating to review by a county planning board or
agency or regional planning council; the provisions of the state
environmental quality review act under article eight of the
environmental conservation law and its implementing regulations which
are codified in part six hundred seventeen of title six of the New York
codes, rules and regulations and any other general laws relating to land
use and any amendments thereto.
5. Filing. Every zoning law and every amendment thereto (excluding any
map incorporated therein) adopted pursuant to the provisions of this
chapter shall be entered in the minutes of the village board and a copy,
summary or abstract thereof (exclusive of any map incorporated therein)
shall be published once in the official newspaper and a copy of such
local law or amendment together with a summary or abstract of any map
incorporated therein shall be posted conspicuously at or near the main
entrance to the office of the village clerk and affidavits of the
publication and posting thereof shall be filed with the village clerk.
Such minutes shall describe and refer to any map adopted in connection
with such local law or amendment.
6. Map. Each village clerk shall maintain every map adopted in
connection with a zoning local law or amendment.
7. Effective date. Such local law shall take effect upon filing in the
office of the secretary of state, but such local law or amendment shall
take effect from the date of its service as against a person served
personally with a copy thereof, certified by the village clerk; and
showing the date of its passage and entry in the minutes.