NY Gen Mun L § 281 (2021)
2021 New York Laws GMU - General Municipal Article 13-C - Establishment or Extension of Residential or Recreational Areas in the Lake George Park 281 - Procedure.

§  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.