This chapter or any part thereof may be amended,
supplemented or repealed from time to time by the Town Board on its
own motion or in response to a petition from the public or upon recommendation
by the Planning Board. Prior to public hearing, every such proposed
amendment shall be referred by the Town Board to the Planning Board
for a report. The Town Board shall not take any action on any such
amendment without such report from the Planning Board unless the Planning
Board fails for any reason to render such report within 45 days following
the date of such referral.
A. Report of the Planning Board. In making such report
on a proposed amendment, the Planning Board shall make inquiry and
determination concerning the items specified below:
(1) Concerning a proposed amendment to or change in text
of the chapter:
(a)
Whether such change is consistent with the aims
and principles embodied in the chapter as to the particular districts
concerned.
(b)
Which areas, land uses, buildings and establishments
in the Town will be directly affected by such change and in what way
they will be affected.
(c)
The indirect implications of such change in
its effect on other regulations.
(d)
Whether such proposed amendment is consistent
with the aims of the Comprehensive Development Plan of the town.
(2) Concerning a proposed amendment involving a change
in the Zoning Map:
(a)
Whether the uses permitted by the proposed change
would be appropriate in the area concerned.
(b)
Whether adequate public school facilities and
other public facilities and services, including roads, exist or can
be created to serve the needs of any additional residences or other
uses likely to be constructed as a result of such change.
(c)
Whether the proposed change is in accord with
any existing or proposed plans in the vicinity.
(d)
The effect of the proposed amendment upon the
growth of the Town as envisaged by the Master Plan.
(e)
Whether the proposed amendment is likely to
result in an increase or decrease in the total residential capacity
of the Town and the probable effect thereof.
B. Each petition for a zoning amendment, except those
initiated by the Town Board or Planning Board, shall be accompanied
by a fee in accordance with the Standard Schedule of Fees of the Town
of Cornwall as may be adopted from time to time by the Town Board.
C. By resolution adopted at a meeting of the Town Board,
the Town Board shall fix the time and place of a public hearing on
the proposed amendment and cause notice thereof to be given in accordance
with provisions of § 264 of Article 16 of the Town Law.
All notices of public hearing shall specify the nature of any proposed
amendment, the land or district affected and the date when and the
place where the public hearing will be held. At least 10 days' notice
of the time and place of such hearing shall be published in the official
newspaper.
D. In the case of a protest against any amendment, such
amendment shall not become effective except in accordance with the
provisions of § 265 of Article 16 of the Town Law.