The Town Board may, from time to time, on its
own motion or on petition or on the recommendation of the Town Planning
Board, after proper public notice and public hearing, amend, supplement
or repeal the regulations, provisions or boundaries of this chapter.
In the case of a proposed amendment, the Town
Board may require the petitioner to submit a development plan showing
the extent, location and character of proposed structures and uses.
The Town Board may require that such plan be modified to meet the
objections raised at any public hearing thereon and may qualify its
approval of any such amendment by attaching a special endorsement
thereto. No building permit or certificate of zoning compliance shall
be issued for any property within the area described by said amendment,
except in accordance with the approved development plan and with all
conditions and limitations placed thereon by the Town Board. Unless
application for a building permit for such special development is
made within six months from the Town Board's approval and unless development
of the area included in such development plan is commenced within
a period of one year after the Town Board's approval, said approval
shall be void and the zoning classification shall be as it was when
the petition for amendment was filed.
A.
Filing petition. A petition to amend, change or supplement
the text of this chapter or any zoning district as designated on the
Zoning Map[1] established herein, shall be filed with the Town Clerk
on forms obtained from his or her office and shall be transmitted
by him or her to the Town Board.
[1]
Editor's Note: The Zoning Map is on file at
the office of the Town Clerk.
B.
Referral to Planning Board. Each proposed amendment,
except those initiated by the Town Planning Board, shall be referred
to the Town Planning Board for an advisory report prior to the public
hearing held by the Town Board.
Unless otherwise provided, the provisions of § 20
of the Municipal Home Rule Law, including any subsequent amendments
thereto, pertaining to public hearings, official notice and proper
recording of zoning actions taken by the Town Board, shall apply to
all amendments to this chapter. Also, all provisions of §§ 239-m
and 239-n of the General Municipal Law and § 283-a of the
Town Law shall be observed.
In case of a protest against any change signed
by owners of 20% or more of either the area of the 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.
The disposition of a petition for amendment
by the Town Board shall be final, and disapproval or denial of the
proposed amendment shall void the petition. No new petition for an
amendment which has been previously denied by the Town Board shall
be considered by it, except for a vote to table or to receive and
file and no public hearing shall be held on such amendment within
a period of one year from the date of such previous denial, unless
the Town Planning Board shall submit a recommendation, with reason
stated therefor, certifying that there have been substantial changes
in the situation which would merit a rehearing by the Town Board.
