Application for rezoning.

[Added 7-17-2003 by L.L. No. 4-2003; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]The application for rezoning shall be in the format of a petition to the Town in a format approved by the Town Attorney. The petition shall contain the information described in Subsections A and B below and shall be verified before a person authorized by law to administer oaths. The number of copies shall be determined by the Commissioner of Public Works or his/her division head, agent or designee, who shall approve the content of the petition before it is accepted for filing by the Town Clerk.A.

Documents.(1) Name, address and telephone number of the applicant and, if he is not the owner, his interest in the property.(2) Name, address and telephone number of the owner(s) of the property proposed for rezoning.(3) A legal description and existing street address of the total site proposed for rezoning.(4) A survey of the total site, prepared by a licensed person.(5) Identification of existing and proposed zoning.(6) A statement of planning objectives to be achieved by the rezoning. This statement should include a description of the character of the proposed development, the rationale behind the assumptions and choices made by the applicant and a statement of how the development meets the objectives of the Comprehensive Plan.(7) A general statement as to how open space is to be owned and maintained, if relevant.(8) A development schedule indicating the approximate date when construction can be expected to begin and be completed and any stages thereof.(9) A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the proposed development.(10) Quantitative data for the following:(a) Total number and type of dwelling units, indicating distribution by dwelling unit type;(b) Calculation of the residential density and dwelling units per gross acre for the entire development;(c) Total amount of open space;(d) Proposed nonresidential floor area.(11) A development plan, if required by the Planning Board, in order to assure that the proposed zoning is consistent with the Comprehensive Plan and the intent and objectives of this chapter.B.

Development plan. The development plan must contain the following minimum information, unless waived by the Planning Board as not being applicable. Maps shall be drawn to scale.(1) The existing site conditions, including property lines, contours, water sources, floodplains, unique natural features and tree cover.(2) Proposed land use arrangement.(3) The location of all existing and proposed structures and other improvements, including maximum heights, types of dwelling units and location of nonresidential floor area.(4) The location and size, in acres or square feet, of all use areas and areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites and similar public and semipublic areas.(5) The existing and proposed circulation system of arterial, collector and local streets, including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way, including major points of ingress and egress to the development.

Notations of proposed ownership, public or private, should be included where appropriate.(6) The existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system.(7) The existing utilities systems, including sanitary sewers, storm sewers, stormwater retention areas and water lines.(8) Information on lands owned by the applicant within 500 feet of the perimeter of the area proposed to be rezoned.(9) Sketches or other representations of typical structures and improvements sufficient to relay the basic architectural intent of the proposed improvements.(10) Any additional information as might be required by the Planning Board to evaluate the character and impact of the proposed rezoning.C.

Town Board action. Upon receipt of a petition for rezoning, the Town Clerk shall transmit it to the Town Board. The Town Board shall review the application and may take one of the following actions:[Amended 11-5-2009 by L.L. No. 3-2009](1) Take no action.(2) Request that the applicant modify the application and resubmit.(3) Refer it to the Planning Board for review and recommendation.D. Planning Board review.(1) Upon referral of a petition for rezoning, the Town Clerk shall transmit it to the Department of Public Works for distribution to the Planning Board, and other officials and agencies as it may deem appropriate for their review, report and recommendation.(2) The Planning Board shall review the petition and development plan and evaluate reports received from reviewing officials and agencies.

Within 60 days following receipt by the Planning Board of the petition, the Planning Board shall furnish to the Town Board and applicant either its findings that the proposed rezoning complies with the Comprehensive Plan and the regulations, standards, intent and objectives of this chapter or a finding of any failure of such compliance and a recommendation that the rezoning be approved, disapproved or modified.(a) Favorable report. A favorable report shall be based on the following findings, which shall be included as a part of the report:[1] The proposed zoning and development plan meets the intent and objectives of the Comprehensive Plan and this chapter.[2] Whether or not there are adequate services and utilities available or proposed to be made available in the construction of the development.(b) Conditions.

The Planning Board may include in a favorable report a recommendation that the Town Board establish conditions as a part of any resolution approving the application in order to protect the public health, safety, welfare and environmental quality of the community and to carry out the intent and objectives of the Comprehensive Plan and this chapter.(c) Unfavorable report. An unfavorable report shall state clearly the reasons therefor and, if appropriate, point out to the applicant what changes might be necessary in order to receive a favorable report.(3) If the petitioner does not request a public hearing as provided for by this section within three months after the Planning Board makes its report, the petition shall be deemed withdrawn.E.

Town Board action. Following completion of Planning Board review, the Town Board may take one of the following actions:[Amended 8-3-2006 by L.L. No. 2-2006; 11-5-2009 by L.L. No. 3-2009](1) Take no action.(2) Set a date for a public hearing for the purpose of considering the application and cause notice to be given as required by law.(a) Public hearing.[1] Notice; posting of signs.[Amended 6-3-2021 by L.L. No. 4-2021][a] Proper notice of a public hearing before any board shall be given by legal notice published in the official newspaper of the Town of Webster, at least five days before the date set for a public hearing, as required by Article 16 of the Town Law.[b] Those submitting applications before the Planning Board and Zoning Board of Appeals, and all special permit and rezoning applications before the Town Board, shall be required to post a Town-provided sign in a publicly conspicuous location on or in front of the front property line of the property affected.

Said sign shall notify the public of a pending application and hearing and shall be posted not less than 10 days prior to and up to the date of the hearing. Such sign shall be provided by the Town and/or its designee and shall be removable by the Town and/or designee within five days after the hearing is concluded.[2] The Town Board shall render a decision within 60 days of the public hearing.[3] If the Town Board approves the amendment, supplement, change or modification to district boundaries or classifications thereof, the Zoning Map shall be amended after publication as required by law.[4] The Town Board may, in order to protect the public health, safety, welfare and environmental quality of the community, attach to its resolution approving an application additional conditions or requirements consistent with the intent and objectives of the Comprehensive Plan and this chapter.

The notice of the adoption of the resolution shall not be published, nor shall the Zoning Map be amended, until the applicant has filed with the Town Clerk written consent to those conditions, which consent shall be filed by the applicant or the applicant's authorized representative within 30 days of the date of the meeting adopting said resolution.F. Review of zoning changes. For property not developed following a zoning classification change the applicant shall appear before the Town Board annually to review the zoning change, to determine whether or not the classification remains appropriate.

Following the review, the Town Board may call a public hearing to consider a further change in classification, as it deems appropriate using the criteria established in this chapter.