Town of Thompson, NY Article XIII Amendments

§ 250-98 Adoption of amendments.

[Amended 10-21-2003 by L.L. No. 7-2003; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

This Part 1 or any part thereof, including the Zoning Map indicating the district boundaries, may from time to time be amended, supplemented, changed, modified, or repealed by the Town Board in the manner provided by Town Law § 265. Every proposed amendment or change shall be referred by the Town Board to the Planning Board for its report pursuant to the provisions of this Part 1.

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 the text of this Part 1:

(a) Whether such change is consistent with the aims and principles embodied in this Part 1 as to the particular districts concerned.

(b) Which areas 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.

(2) Concerning a proposed amendment involving a change in the Zoning Map:

(a) Whether the use permitted by the proposed change would be appropriate in the area concerned.

(b) 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.

(c) Whether the proposed change is in accord with any existing or proposed plans in the vicinity.

B. By resolution adopted at a stated meeting, the Town Board shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given as provided in applicable statutes.

C. Where the land involved in any proposed amendment lies within 500 feet of any municipal boundary, county or state park, or right-of-way of any county- or state-controlled access highway, right-of-way of any county drainage channel, or from the boundary of any county- or state-owned land on which a public building is situated, such application accompanied with the notice of public hearing shall be forwarded to the County Planning Department Board for review in accordance with the provisions of §§ 239-l and 239-m of Article 12-B of the General Municipal Law of the State of New York.

D. Should any proposed amendment consist of or include any change in the boundaries of any district, which change would occur within a distance of 500 feet of the boundary of any other municipality, or any change in the regulations prescribed for any district any portion of which is located within 500 feet of such boundaries, the Town Clerk shall transmit to the Municipal Clerk of such other municipality notice of the public hearing thereof not later than 10 days before the hearing, in accordance with General Municipal Law § 239-nn.

E. All notices of public hearing shall specify:

(1) The nature of any proposed amendment.

(2) The land or district affected.

(3) The date when, and the place where, the public hearing will be held.

F. In the case of a protest against any amendment signed by the owners of at least 20% of either the area of land included in such proposed change or the adjacent lands within 150 feet, such amendment shall not become effective except by favorable vote of at least 3/4 of the members of the Town Board.