The Town Board from time to time may amend this chapter, including
the Official Zoning Map, as provided in this article, upon its own
motion or petition by one or more property owners or by resolution
of the Planning Board or Zoning Board of Appeals that requests a specific
amendment of this chapter. A property owner may apply for amendment
to this chapter by filing seven complete sets of an application with
the Town Clerk. The application shall include a petition requesting
the Town Board to amend a particular provision or provisions of this
chapter and/or the Zoning Map, a description of the requested amendment,
identification and description of the property or properties affected,
a map showing the property or properties affected and all properties
within a radius of 500 feet of the exterior boundaries thereof, and
the applicable filing fee. In the case of a requested amendment that
does not apply to an amendment of the Zoning Map or otherwise affecting
specific properties, no properties need be identified as affected.
As an aid in analyzing the implications of proposed amendments
and to coordinate the effect of such actions on intergovernmental
concerns, the Town Board shall refer proposed amendments to the Town
and county planning agencies as required by this article and by the
laws of New York State.
A.
Referral to Town Planning Board. The Town Board shall refer each
requested amendment, no matter how initiated, to the Planning Board
for a recommendation. No action shall be taken on the requested amendment
referred to the Planning Board until its recommendation has been received
by the Town Board or 30 days have elapsed after such referral has
been made, unless the Planning Board and Town Board agree to an extension
beyond the thirty-day requirement for the Planning Board's review
and recommendation. The Town Board shall consider the Planning Board's
recommendation but need not follow it.
B.
Referral to County Planning Department.
(1)
Any proposed amendment affecting real property within 500 feet of
the boundary of the Town of Wawayanda or an active farm in an agricultural
district, the boundary of any existing or proposed county or state
park or other recreational area, the right-of-way of any existing
or proposed county or state roadway, the boundary of any existing
or proposed right-of-way for a stream or drainage channel owned by
the county for which the county has established channel lines, or
the boundary of any existing or proposed county- or state-owned land
on which a public building or institution is situated shall be referred
to the Orange County Planning Department before final action is taken
pursuant to § 239-m of the General Municipal Law.
(2)
No action shall be taken on proposals referred to the County Planning
Department until its recommendation has been received or 30 days have
elapsed after its receipt of the full statement of the proposed amendment,
unless the County Planning Department and the Town Board agree to
an extension beyond the thirty-day requirement for the County Planning
Department's review.
No proposed amendment shall become effective until after a public
hearing thereon, at which the public shall have an opportunity to
be heard on the proposed amendment. The Town Board shall set, by resolution
at a duly called meeting, the time and place for a public hearing
on proposed amendments and shall cause public notice to be published,
posted and circulated as set forth below. If a proposed amendment
is initiated by petition, the petitioner shall be responsible for
the costs of publication and circulation of notice.
A.
Publication of notice in newspaper. Notice of the time and place
of the public hearing shall be published at least 10 days in advance
of such hearing in the official newspaper. This notice shall provide
a summary of the proposed amendment in such reasonable detail as will
give adequate notice of its contents, indicating the place or places
where copies of the proposed amendment may be examined and the time
and place of the hearing.
B.
Notice to adjacent municipalities. Written notice of any proposed
amendment affecting property lying within 500 feet of an adjacent
town shall be served in person or by mail upon the clerk of such municipality
at least 10 days prior to the date of public hearing. Representatives
of neighboring municipalities receiving notification of a proposed
amendment shall have the right to appear and be heard at the public
hearing thereon but shall not have the right to review by a court.
C.
Notice to adjacent property owners. Where a proposed amendment involves
a rezoning of a particular parcel or parcels of property, written
notice of any proposed amendment affecting such property shall be
mailed to the owners of parcels of property adjacent to the property
that is subject of the proposed rezoning.
The Town Board may adopt amendments to this chapter by a majority
vote of its membership, except in the case of local protest or disapproval
by the County Planning Board as noted below.
A.
County disapproval. A majority-plus-one vote of all Town Board members shall be required to pass any proposal which receives a recommendation of disapproval from the County Planning Department because of the referral process specified in § 195-88B above, along with a resolution setting forth the reasons for such contrary action.
B.
Consideration of Town Comprehensive Plan. The Town Board, in deliberating
on whether to adopt a proposed amendment to this chapter, including
but not limited to a proposed rezoning of a parcel or parcels of property
or any modification to the Zoning Map, shall consider the proposed
amendment in relation to the Comprehensive Plan and shall only adopt
the proposed amendment if it is consistent and in accordance with
the Comprehensive Plan.
Where a project for which a permit or approval has been lawfully
issued but no certificate of occupancy has been awarded would be rendered
nonconforming by an amendment of this chapter, such project shall
have the right to be completed and to be awarded a certificate of
compliance pursuant to the provisions in effect when the project permit
was issued, only if, in the case of a project primarily involving
a building, the foundation has been completed prior to the effective
date of the amendment and, in the case of a project not primarily
involving a building, a substantial amount of construction has been
completed prior to the effective date of the amendment.
