The Town Board may, from time to time, on its own motion or
on petition or on recommendation of the Planning Board, amend, supplement
or repeal the regulations and provisions of this chapter after public
notice and hearings as provided by Article 16, § 265, of
the Town Law (Chapter 62 of the Consolidated Laws of New York State).
Every such proposed amendment or change, whether initiated by
the Town Board or by petition, shall be referred to the Planning Board
for report thereon before the public hearing hereinafter provided
for. If the Planning Board shall fail to submit such report within
30 days, it shall be deemed that the Planning Board has approved the
proposed amendment or change.
A. The Town Board, by resolution adopted at a stated meeting, shall
fix the time and place of a public hearing on the proposed amendments
and shall cause notice to be given as follows:
(1)
Public notice. By publishing a notice at least 10 days in advance
of such hearing in the official Town newspaper. Such notice shall
state the general nature of the proposed amendment in such reasonable
detail as will give adequate notice of its contents and shall name
the place or places where copies of the proposed amendment may be
examined.
(2)
Personal notice.
(a)
A copy of such notice shall be mailed to every association or
resident of the Town which or who has registered its name for this
purpose with the Town Clerk.
(b)
A written notice of any proposed change or amendment affecting
property within 500 feet of the boundary of any state park shall be
given to the regional State Park Commission having jurisdiction over
such state facility at least 10 days prior to the date of such public
hearing.
(c)
A written notice of any proposed change or amendment affecting
property within 500 feet of the boundary of any village, town or county
shall be given to the Clerk of such municipality and to the Clerk
of the Board of Supervisors at least 10 days prior to the date of
such hearing.
B. Opportunity to be heard. At the public hearing, full opportunities
to be heard shall be given to any citizen and all parties in interest.
C. Adoption after protest. The favorable vote of at least four members
of the Town Board shall be required before the passage of an amendment
which is protested by the owners of 20% or more of:
(1)
The area of the land included in such proposed change.
(2)
The land immediately adjacent extending 100 feet therefrom or
of that directly opposite thereto extending 100 feet from the street
frontage of such opposite land.
Before taking final action on certain proposed amendments to this chapter, as set forth in § 239-m of the General Municipal Law, the Town Board shall refer such amendments to the Seneca County Planning Board for report thereon. Said referral process shall be subject to the provisions of §
300-117.
Before adopting any proposed amendment to this chapter, the
Town Board shall assess the environmental impact of such amendment
in accordance with the State Environmental Quality Review Act (SEQRA)
and may determine that an environmental impact statement on such amendment
shall be prepared.
All changes, amendments or supplements to this chapter and to
the Zoning Map, which forms a part hereof, shall be adopted in accordance
with the Municipal Home Rule Law (Chapter 36-a of the Consolidated
Laws of the State of New York).