2019 New York Laws
GMU - General Municipal
Article 13-C - Establishment or Extension of Residential or Recreational Areas in the Lake George Park
281 - Procedure.

Universal Citation: NY Gen Mun L § 281 (2019)
ยง  281. Procedure. 1. Petition. Such petition for the establishment of
a residential or a residential and recreational area for such purpose or
purposes shall be signed by at  least  twenty  owners  of  taxable  real
property  situate  within  the  proposed area owning in the aggregate at
least two-thirds of the assessed  valuation  of  all  the  taxable  real
property  in the proposed area as shown on the last completed assessment
role of said village or town; provided, however, that if  there  be  any
resident  owners,  the  petition  shall  also  include the signatures of
resident owners  owning  taxable  real  property  aggregating  at  least
two-thirds of the assessed valuation of all taxable real property in the
proposed  area  owned  by  such  resident  owners, according to the last
completed assessment roll of the village or town. If a portion only of a
parcel of such real property  appearing  upon  the  assessment  roll  is
situate  within  the  proposed  area  then the village board or the town
board may determine the relative value of the part  thereof  within  the
proposed  area based upon the valuation of the entire parcel as the same
appears upon such assessment roll.
  A proposal to extend such an existing area may relate to any  area  of
land  adjoining such an existing area and may be made by petition signed
by any number of owners of taxable real property situate within the area
of the proposed extension provided that such owners own in the aggregate
at least two-thirds of the assessed valuation of all  the  taxable  real
property  in  the  proposed  extension  as  shown  on the last completed
assessment roll of said village or town; and further provided,  that  if
there  be  any  resident  owners,  the  petition  shall also include the
signatures of resident owners owning taxable real  property  aggregating
at  least  two-thirds  of  the  assessed  valuation  of all taxable real
property in the  proposed  extension  owned  by  such  resident  owners,
according  to the last completed assessment roll of the village or town.
The petition requesting the extension of an existing area shall  contain
a statement requesting that the village board or the town board adopt an
ordinance  or  local  law  containing  the  same terms and provisions as
contained in the ordinance or local law for  the  existing  area.    The
ordinance  or  local law adopted by the village board and the town board
effecting such extension shall contain the same terms and provisions  as
the  ordinance  or local law which established the existing area and any
amendments thereof shall apply to both the existing  area  and  to  such
areas as are extended from time to time.
  A  petition  shall  describe  the  boundaries  of the proposed area or
proposed extension of  an  existing  area  in  a  manner  sufficient  to
identify  the  lands  included  therein  as in a deed of conveyance, and
shall be signed by the petitioners and acknowledged  or  proved  in  the
same  manner  as  a  deed  to be recorded. Such petition shall contain a
statement of the uses of real property  for  industrial  and  commercial
purposes   which   petitioners  seek  to  have  prohibited,  restricted,
regulated or controlled in the proposed area or proposed extension of an
existing area, or, in the alternative, a statement that petitioners seek
to limit the use of all  real  property  within  the  proposed  area  or
proposed  extension  of  an  existing  area to use for one or two family
residential purposes, or to use for one or two  family  residential  and
non-profit recreational purposes.
  2.  Notice  of  hearing  on  petition.  Whenever  a  petition shall be
presented to the village board or to the town  board  pursuant  to  this
article   for  the  establishment  or  extension  of  a  residential  or
residential and recreational area, the board shall  adopt  a  resolution
and  enter  the  same  in  the  minutes  of its proceedings, reciting in
general terms the  filing  of  such  petition,  the  boundaries  of  the
proposed  area  or  proposed  extension, a statement of the uses of real

property for industrial and commercial purposes which are proposed to be
prohibited, restricted, regulated and controlled, or, a  statement  that
it  is  proposed to limit the use of all real property to use for one or
two  family  residential  purposes,  or  to  use  for  one or two family
residential and non-profit recreational purposes, within  said  proposed
area  or proposed extension and specifying the time when and place where
said board will meet to consider the petition and to  hear  all  persons
interested  in the subject thereof. The board shall cause a copy of such
resolution, certified by the clerk, to be published at least once in the
official newspaper of the village or town, as the case may be, the first
publication thereof to be not less than ten nor more  than  twenty  days
before the date set therein for the hearing as aforesaid, and shall also
cause  a  copy  thereof  to be posted conspicuously in the office of the
village clerk or on the signboard maintained by the town clerk  pursuant
to  subdivision  six  of section thirty of the town law, as the case may
be, not less  than  ten  nor  more  than  twenty  days  before  the  day
designated  for  the hearing as aforesaid. In the event that the village
or the town maintains a website, such information may also  be  provided
on  the website. The board also shall cause a copy of such resolution to
be mailed by registered mail, return receipt requested, to each resident
owner of real property within the proposed  area  or  extension  who  or
which has not signed the petition and to each non-resident owner of real
property  therein  who  or  which has not signed the petition and who or
which in the case of a town has filed with  the  town  clerk  a  written
demand  pursuant  to section five hundred eight of the real property tax
law or a notice pursuant to section nine hundred eighty-two of the  real
property  tax  law,  or  who or which in the case of a village has filed
with the village clerk a written demand  pursuant  to  section  fourteen
hundred  four  of the real property tax law. The copy of such resolution
shall be so mailed not less than ten nor more than  twenty  days  before
the  day  designated  for the hearing as aforesaid, to such resident and
non-resident owner at the address designated in such written  demand  or
in such notice.
  3.  Establishment or extension of areas. (a) After a hearing held upon
notice  as  hereinbefore  provided,  the  board   shall   determine   by
resolution:

(1) Whether the petition is signed and acknowledged or proved as required by law and is otherwise sufficient.

(2) Whether any part or portion of the real property within the proposed area or proposed extension should not be included therein.

(3) Whether it is in the overall public interest to grant the relief sought.

(b) (1) If the board shall determine that the petition is not signed and acknowledged or proved as required by law or that it is otherwise insufficient, or if it is determined that it be not in the overall public interest to grant the relief sought, the board shall deny the petition.

(2) If the board shall determine that the petition is signed and acknowledged or proved as required by law and is otherwise sufficient and that it is in the overall public interest to grant the relief sought but shall find that any part or portion of the real property within the proposed area or proposed extension should not be included therein, the board shall alter and revise the boundaries of the originally proposed area or originally proposed extension of an existing area so as to exclude therefrom any real property which it finds should not be included in such proposed area or proposed extension.

(3) If and when the board shall make such an affirmative determination, the board may adopt an ordinance or local law establishing an area or extending an existing area as the boundaries thereof shall have been finally determined by said board. Such ordinance or local law may prohibit, restrict, regulate and control the use of all buildings, structures and land within such area as established or extended for any industrial or commercial purpose, or, in the alternative, may limit the use of all buildings, structures and land within such area as established or extended to use for one or two family residential purposes, or to use for one or two family residential and non-profit recreational purposes; provided, however, that no such ordinance or local law shall be adopted unless the petition shall comply with the requirements of this article as to the sufficiency of the area proposed to be zoned and of signers within the boundaries of the proposed area or proposed extension as finally determined by the board. Such ordinance or local law shall not apply to a non-conforming use in existence at the time of the effective date of such ordinance or local law.

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