Town of Walworth, NY Amendments; Interpretation

The Town Board may from time to time on its own motion, or on petition, or on recommendation, amend, supplement or repeal the regulations and provisions of this chapter after public notice and hearing.

Every such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Town Planning Board for a report thereon before the public hearing hereinafter provided for. If the Town Planning Board shall fail to report thereon within 30 days after referral, the Town Board may act without such report. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendments and cause notice to be given as follows:

(1)

By publishing a notice of the time and place of such hearing in a paper of general circulation in the Town at least 10 days prior to the date of such public hearing.

(2)

A written notice of any proposed change or amendment affecting property within the protectively zoned area of a housing project authorized under the Public Housing Law, as such area is shown on an approved Zoning Map filed with the Building Inspector, shall be given to the housing authority erecting or owning the project and to the government providing financial aid or assistance thereto at least 10 days prior to the date of such hearing.

(3)

A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any state park or parkway shall be given to the Regional State Park Commission having jurisdiction over such state park or parkway at least 10 days prior to the date of such public hearing.

(4)

A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any city, village, Town or county shall be given to the Clerk of such city, village or Town and, in the case of a county, to the Clerk of the Board of Supervisors, or other person performing like duties, at least 10 days prior to the date of such public hearing.

(5)

In case, however, of a protest against such change signed by the owners of 20% or more of the area of land included in such proposed change or of that immediately adjacent extending 100 feet therefrom or of that directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of at least 3/4 of the members of the Town Board. Since the present Board constitutes five members, four affirmative votes are required. (See Town Law § 265.)

(6)

Referral to County Planning Board.

(a)

Prior to taking any action on any matter which would cause any change in the regulations or use of land or buildings on real property as specified in § 239-m of the General Municipal Law, the Town Board shall make referrals to the County Planning Board in accordance with §§ 239-l and 239-m of the General Municipal Law.

(b)

Within 30 days after receipt of a full statement of such referred matter, the County Planning Board or an authorized agent of said Board shall report its recommendations thereon to the Town Board, accompanied by a full statement of the reasons for such recommendations. If the County Planning Board disapproves the proposal or recommends modification thereof, the Town Board shall not act contrary to such disapproval or recommendation except by a vote of a majority, plus one, of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action. The Town Supervisor shall read the report of the County Planning Board at the public hearing on the matter under review.

(c)

If the County Planning Board fails to report within such period of 30 days or such longer period as may have been agreed upon by it and the referring agency, the Town Board may act without such report