This chapter or any part thereof, including
the Zoning Map indicating the district boundaries,[1] may be from time to time amended, supplemented, changed,
modified or repealed by the Town Board in the manner provided by § 265
of Article 16 of the Town Law. Every proposed amendment or change
shall be referred by the Town Board to the Planning Board for its
review and recommendation pursuant to § 274 of Article 16
of the Town Law and pursuant to the specific provisions of this chapter.
Every such proposed amendment or change shall also be reviewed by
the town in accordance with the procedures established under Article
8 of the New York State Environmental Conservation Law and Part 617
of Title 6 of the New York Codes, Rules and Regulations, providing
for environmental quality review of any action that may have a significant
effect on the environment.
[1]
Editor's Note: The Zoning Map is on file in
the office of the Town Clerk.
In undertaking such review and making such recommendation
on a proposed amendment, the Planning Board shall make inquiry and
determination concerning the items specified below:
A.
Concerning a proposed amendment or change in the text
of this chapter:
(1)
Whether such change is consistent with the purposes
embodied in this chapter as applied to the particular districts concerned.
(2)
Which areas and establishments in the town will
be directly affected by such change and in what way will they be affected.
(3)
The indirect implications of such change in
its effect on other regulations.
(4)
Whether such proposed amendment is consistent
with the underlying objectives of the Town Comprehensive Plan.
B.
Concerning a proposed amendment involving a change
in the Zoning Map:
(1)
Whether the uses permitted by the proposed change
would be appropriate in the area concerned.
(2)
Whether adequate public school facilities and
other public services exist or can be created to serve the needs of
any additional residences likely to be constructed as a result of
such a change.
(3)
Whether the proposed change is in accord with
any existing or proposed plans in the vicinity.
(4)
The effect of the proposed amendment upon the
growth of the town as foreseen by the Comprehensive Plan.
(5)
Whether the proposed amendment is likely to
result in an increase or decrease in the total zoned residential capacity
of the town and the probable effect thereof.
A.
Public notice and hearing. The Town Board, by resolution
adopted at a stated meeting, shall fix the time and place of a public
hearing on the proposed amendment and cause notice thereof to be given
as follows in accordance with Article 16 of the Town Law:
B.
Required referral. The Town Board shall transmit a
full statement of any proposed amendment that meets the referral requirements
of §§ 239-l and 239-m of the General Municipal Law
to the Rensselaer County Bureau of Planning for its review. No action
shall be taken by the Town Board on such proposed amendment until
a recommendation has been received from the Bureau of Planning or
30 calendar days have elapsed since the Bureau received such full
statement.
C.
Town Board action. The Town Board may approve any
such proposed amendment by a majority vote of said Board, except that
a favorable vote of at least four members of the Town Board [a majority
plus one] shall be required if:
(1)
Action being taken is contrary to the recommendation
received from the Rensselaer County Bureau of Planning under the provisions
of §§ 239-l and 239-m of the General Municipal Law;
or
(2)
A protest against such amendment has been signed
by the owners of at least 20% of the land area included in such proposed
change or of that immediately adjacent extending 100 feet therefrom
or that directly opposite.
D.
Conformance with Town Comprehensive Plan. In all cases
where the Town Board shall approve an amendment to the Zoning Map,[1] said Board shall find, for reasons fully set in its resolution,
such amendment to be in conformity with the town's Comprehensive Plan.
[1]
Editor's Note: The Zoning Map is on file in
the office of the Town Clerk.
A.
In their interpretation and application, the provisions
of this chapter shall be held to be minimum requirements adopted for
the promotion of the public health, safety or the general welfare.
B.
Whenever the requirements of this chapter are at variance
with the requirements of any other lawfully* adopted rules, regulations,
ordinances or local laws, the more restrictive provisions, or those
imposing the higher standards, shall govern.
