The purpose of this article is to allow for
amendment to this chapter by petition of a property owner, resolution
by the Planning Board or Zoning Board of Appeals or upon the Town
Board's own initiative, whenever the public necessity and convenience
and the general welfare require such amendment, by following the procedure
of this article.
The Town Board, from time to time, may amend
this chapter, including the official Zoning Map, pursuant to the provisions
of 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 17 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 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 in coordinating the effect of such actions on intergovernmental
concerns, the Town Board may refer any proposed amendments to the
Planning Board and the County Planning Board and shall refer all amendments
specified in state law for review by the latter.
The Town Board may, at its own discretion and
by Town Board resolution, refer any proposed amendments, to the Planning
Board for a recommendation. No action shall be taken on the requested
amendment referred to the Planning Board until its recommendation,
in writing, 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.
A.
Any proposed amendment affecting real property within
500 feet of the boundary of the Town of Queensbury, 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 Warren County Planning
Board before final action is taken pursuant to § 239-m of
the General Municipal Law.
B.
No action shall be taken on proposals referred to
the County Planning Board 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 Board and the Town
Board agree to an extension beyond the thirty-day requirement for
the County Planning Board's review.
C.
Any proposed amendment affecting real property within
the Adirondack Park shall be referred to the Adirondack Park Agency
and, if deemed reviewable by the Agency, approved by the Agency prior
to adoption by the Town Board.
A proposed amendment to this chapter shall constitute
a Type I action under SEQRA. Upon receipt of the petition and application
materials that the Town Board deems complete (or upon the formal introduction
of a proposed amendment made upon the Town Board's own initiative),
the Town Board shall initiate the SEQRA process by either circulating
the application and full environmental assessment form (EAF) to all
involved agencies, if any, or by issuing its determination of significance
within 20 days of its formal introduction of a proposed amendment
made upon the Town Board's own initiative or within 20 days of its
acceptance of a completed petition and application, EAF and other
supporting materials. Where the proposed action may have a significant
adverse effect on the environment, the Town Board shall issue a positive
declaration and require the submission of a draft environmental impact
statement (DEIS). No time periods for decision-making in this chapter
shall begin to run until either acceptance of a DEIS as satisfactory
pursuant to New York State Department of Environmental Conservation
regulations or the issuance of a negative declaration.
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 and posting in
Town Hall. Notice of the time and place of the public hearing shall
be posted at the Town Hall and published at least 10 days in advance
of such hearing in the official newspaper. This notice shall provide
a summary of the proposed amendment, 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 within 500 feet of an
adjacent municipality 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 would result in a rezoning of fewer than 30 parcels, written
notice of the proposed amendment shall be mailed to the owners of
such parcels and to the owners of all parcels immediately adjacent
to such parcels. All such notices shall be mailed to the parcel owners
of record, as shown in the most recent assessment records of the Town,
to the owners' addresses shown in such records.
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.
Local protest. The favorable vote of 3/4 (i.e., four)
of the Town Board seats shall be required for passage of any amendment
which is subject to a written protest signed and acknowledged by the
owners of land comprising 20% or more of land area in any of the following
areas:
B.
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 Board because of the referral process specified in § 179-15-050 above, along with a resolution setting forth the reasons for such contrary action.
C.
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.
D.
Notice of adoption. The Town Board shall send notice of its decision regarding the proposed amendment and a copy of the actual amendment to the person petitioning for the amendment, if applicable, to the Town Planning Board, Zoning Board of Appeals and Zoning Administrator, to the County Planning Board and APA if the referral to such agencies was required pursuant to § 179-15-050 above.
Unless the amendment provides for a different
effective date, each amendment adopted by the Town Board shall take
effect when filed with the Secretary of State of the State of New
York pursuant to the Municipal Home Rule Law of the State of New York.
Where a project for which a permit or approval
has been lawfully issued, but no certificate of compliance has been
issued, and such project 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 or site preparation has been completed prior
to the effective date of the amendment.
