§ 281 — Procedure

§ 281. Procedure. 1. Petition. Such petition for the establishment of\na residential or a residential and recreational area for such purpose or\npurposes shall be signed by at least twenty owners of taxable real\nproperty situate within the proposed area owning in the aggregate at\nleast two-thirds of the assessed valuation of all the taxable real\nproperty in the proposed area as shown on the last completed assessment\nrole of said village or town; provided, however, that if there be any\nresident owners, the petition shall also include the signatures of\nresident owners owning taxable real property aggregating at least\ntwo-thirds of the assessed valuation of all taxable real property in the\nproposed area owned by such resident owners, according to the last\ncompleted assessment roll of the village or town. If a portion only of a\nparcel of such real property appearing upon the assessment roll is\nsituate within the proposed area then the village board or the town\nboard may determine the relative value of the part thereof within the\nproposed area based upon the valuation of the entire parcel as the same\nappears upon such assessment roll.\n A proposal to extend such an existing area may relate to any area of\nland adjoining such an existing area and may be made by petition signed\nby any number of owners of taxable real property situate within the area\nof the proposed extension provided that such owners own in the aggregate\nat least two-thirds of the assessed valuation of all the taxable real\nproperty in the proposed extension as shown on the last completed\nassessment roll of said village or town; and further provided, that if\nthere be any resident owners, the petition shall also include the\nsignatures of resident owners owning taxable real property aggregating\nat least two-thirds of the assessed valuation of all taxable real\nproperty in the proposed extension owned by such resident owners,\naccording to the last completed assessment roll of the village or town.\nThe petition requesting the extension of an existing area shall contain\na statement requesting that the village board or the town board adopt an\nordinance or local law containing the same terms and provisions as\ncontained in the ordinance or local law for the existing area. The\nordinance or local law adopted by the village board and the town board\neffecting such extension shall contain the same terms and provisions as\nthe ordinance or local law which established the existing area and any\namendments thereof shall apply to both the existing area and to such\nareas as are extended from time to time.\n A petition shall describe the boundaries of the proposed area or\nproposed extension of an existing area in a manner sufficient to\nidentify the lands included therein as in a deed of conveyance, and\nshall be signed by the petitioners and acknowledged or proved in the\nsame manner as a deed to be recorded. Such petition shall contain a\nstatement of the uses of real property for industrial and commercial\npurposes which petitioners seek to have prohibited, restricted,\nregulated or controlled in the proposed area or proposed extension of an\nexisting area, or, in the alternative, a statement that petitioners seek\nto limit the use of all real property within the proposed area or\nproposed extension of an existing area to use for one or two family\nresidential purposes, or to use for one or two family residential and\nnon-profit recreational purposes.\n 2. Notice of hearing on petition. Whenever a petition shall be\npresented to the village board or to the town board pursuant to this\narticle for the establishment or extension of a residential or\nresidential and recreational area, the board shall adopt a resolution\nand enter the same in the minutes of its proceedings, reciting in\ngeneral terms the filing of such petition, the boundaries of the\nproposed area or proposed extension, a statement of the uses of real\nproperty for industrial and commercial purposes which are proposed to be\nprohibited, restricted, regulated and controlled, or, a statement that\nit is proposed to limit the use of all real property to use for one or\ntwo family residential purposes, or to use for one or two family\nresidential and non-profit recreational purposes, within said proposed\narea or proposed extension and specifying the time when and place where\nsaid board will meet to consider the petition and to hear all persons\ninterested in the subject thereof. The board shall cause a copy of such\nresolution, certified by the clerk, to be published at least once in the\nofficial newspaper of the village or town, as the case may be, the first\npublication thereof to be not less than ten nor more than twenty days\nbefore the date set therein for the hearing as aforesaid, and shall also\ncause a copy thereof to be posted conspicuously in the office of the\nvillage clerk or on the signboard maintained by the town clerk pursuant\nto subdivision six of section thirty of the town law, as the case may\nbe, not less than ten nor more than twenty days before the day\ndesignated for the hearing as aforesaid. In the event that the village\nor the town maintains a website, such information may also be provided\non the website. The board also shall cause a copy of such resolution to\nbe mailed by registered mail, return receipt requested, to each resident\nowner of real property within the proposed area or extension who or\nwhich has not signed the petition and to each non-resident owner of real\nproperty therein who or which has not signed the petition and who or\nwhich in the case of a town has filed with the town clerk a written\ndemand pursuant to section five hundred eight of the real property tax\nlaw or a notice pursuant to section nine hundred eighty-two of the real\nproperty tax law, or who or which in the case of a village has filed\nwith the village clerk a written demand pursuant to section fourteen\nhundred four of the real property tax law. The copy of such resolution\nshall be so mailed not less than ten nor more than twenty days before\nthe day designated for the hearing as aforesaid, to such resident and\nnon-resident owner at the address designated in such written demand or\nin such notice.\n 3. Establishment or extension of areas. (a) After a hearing held upon\nnotice as hereinbefore provided, the board shall determine by\nresolution:\n (1) Whether the petition is signed and acknowledged or proved as\nrequired by law and is otherwise sufficient.\n (2) Whether any part or portion of the real property within the\nproposed area or proposed extension should not be included therein.\n (3) Whether it is in the overall public interest to grant the relief\nsought.\n (b) (1) If the board shall determine that the petition is not signed\nand acknowledged or proved as required by law or that it is otherwise\ninsufficient, or if it is determined that it be not in the overall\npublic interest to grant the relief sought, the board shall deny the\npetition.\n (2) If the board shall determine that the petition is signed and\nacknowledged or proved as required by law and is otherwise sufficient\nand that it is in the overall public interest to grant the relief sought\nbut shall find that any part or portion of the real property within the\nproposed area or proposed extension should not be included therein, the\nboard shall alter and revise the boundaries of the originally proposed\narea or originally proposed extension of an existing area so as to\nexclude therefrom any real property which it finds should not be\nincluded in such proposed area or proposed extension.\n (3) If and when the board shall make such an affirmative\ndetermination, the board may adopt an ordinance or local law\nestablishing an area or extending an existing area as the boundaries\nthereof shall have been finally determined by said board. Such ordinance\nor local law may prohibit, restrict, regulate and control the use of all\nbuildings, structures and land within such area as established or\nextended for any industrial or commercial purpose, or, in the\nalternative, may limit the use of all buildings, structures and land\nwithin such area as established or extended to use for one or two family\nresidential purposes, or to use for one or two family residential and\nnon-profit recreational purposes; provided, however, that no such\nordinance or local law shall be adopted unless the petition shall comply\nwith the requirements of this article as to the sufficiency of the area\nproposed to be zoned and of signers within the boundaries of the\nproposed area or proposed extension as finally determined by the board.\nSuch ordinance or local law shall not apply to a non-conforming use in\nexistence at the time of the effective date of such ordinance or local\nlaw.\n