A.
Initiation. The Town Board, from time to time, upon
its own motion or upon application by one or more property owners,
or resolution of the Planning Board or Zoning Board of Appeals, may
amend this chapter as provided herein. A property owner or authorized
agent may apply for amendment to this chapter by filing three complete
sets of an application with the Town Board and two complete sets with
the Planning Board. The application shall include a description of
the property or properties affected, a map showing the property or
properties affected and all properties within a radius of 500 feet
of the exterior boundaries thereof and the applicable filing fee.
In the case of a proposed amendment which would apply only to properties
which are not immediately identifiable or to a class of properties
including six or more identifiable properties, no properties need
be identified as affected.
B.
Review by planning agencies. As an aid in analyzing
the implications of proposed amendments and to coordinate the effect
of such actions on intergovernmental concerns, the Town Board shall
refer proposed amendments to the Town Planning Board and to the County
Planning Department as required by §§ 239-l and 239-m
of the General Municipal Law.
(1)
Referral to County Planning Board. No action shall
be taken on proposals referred to the County Planning Board until
its recommendation has been received or 30 days have elapsed after
its receipt of the full statement of the proposed amendment, unless
the county and town agree to an extension beyond the thirty-day requirement
for the County Planning Board's review.
(2)
Referral to Town Planning Board. Every proposed amendment
or change initiated by the Town Board or by petition (but not if initiated
by the Planning Board) shall be referred to the Town Planning Board
for report thereon prior to public hearing. If the Planning Board
does not report within 30 days of such referral, the Town Board may
take action without the Planning Board report. This period of time
may be extended by agreement of the Town Board and Planning Board.
C.
Public hearing and notice. No proposed amendment shall
become effective until after a public hearing thereon at which the
public shall have an opportunity to be heard. The Town Board shall
set, by resolution at a duly called meeting, the time and place for
a public hearing on proposed amendments and shall cause public notice
to be given as required by the laws of New York State and specified
below. If a proposed amendment is initiated by petition, the petitioner
shall be responsible for publication of notice and for notice to adjacent
municipalities, if necessary.
(1)
Publication of notice in newspaper. Notice of the
time and place of the public hearing shall be published at least 10
days in advance of such hearing in the official newspaper. This notice
shall provide a summary of the proposed amendment in such reasonable
detail as will give adequate notice of its contents, indicating the
place or places where copies of the proposed amendment may be examined
and the time and place of the hearing.
(2)
Notice to adjacent municipalities. Written notice
of any proposed amendment affecting property lying within 500 feet
of an adjacent town shall be served in person or by mail upon the
clerk of such municipality at least 10 days prior to the date of public
hearing. Representatives of neighboring municipalities receiving notification
of a proposed amendment shall have the right to appear and be heard
at the public hearing thereon but shall not have the right to review
by a court.
D.
Adoption. The Town Board may adopt amendments to this
chapter by a majority vote of its membership, except in the case of
local protest or disapproval by the County Planning Board as noted
below.
(1)
Local protest. The favorable vote of 3/4 (i.e., four)
of the Town Board members shall be required for passage of any amendment
which is subject to a written protest signed by 20% or more of the
owners of land in any of the following areas:
(2)
County disapproval. A majority-plus-one vote of all
Town Board members shall be required to pass any proposal which receives
a recommendation of disapproval from the County Planning Board prior
to Town Board action, along with a resolution setting forth the reasons
for such contrary action.
E.
Effective date. Unless the amendment provides for
a different effective date, each amendment adopted by the Town Board
shall take effect when filed with the Secretary of State of the State
of New York pursuant to the Municipal Home Rule Law of the State of
New York.
