[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Zoning Map indicating the district boundaries, may from time to time be amended, supplemented, changed, modified, or repealed by the Town Board in the manner provided by Town Law § 265.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.