The Town Board may, from time to time on its
own motion or on petition or on recommendation of the Planning Board,
amend, supplement or repeal the regulations and provisions of this
chapter after public notice and hearing.
A.
Every such proposed amendment or change, whether initiated
by the Town Board or by petition, shall be referred to the Planning
Board for report thereon before the public hearing hereinafter provided
for. 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)
A notice, at least 10 days prior to the time and place
of such hearing, shall be published in a newspaper of general circulation
in the Town.
(2)
A written notice of any proposed change or amendment
affecting property within 500 feet of the boundaries of the Town of
Wales shall be given to the Clerk of such municipality and to the
County Clerk 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 hearings.
B.
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
four members of the Town Board.
Before approving any amendment of the Zoning
Map so as to create a new or enlarged B or M District, the Town Board
may require the submittal of development plans including the location
and character of proposed structures and conditions of use for the
premises concerned, and in approving any such amendment, the Town
Board may specify that no building permit or certificate of occupancy
may be issued with respect to said premises under the amended district
classification except in accordance with said plans and conditions
of use as submitted or as revised to meet the requirements of the
Town Board in furthering the purposes of this chapter. At the end
of six months from the date when it became effective, any zoning amendment
which has been approved subject to conformity with development plans
and conditions of use shall be nullified, and the zoning classification
of the premises affected shall revert to that which applied immediately
before such amendment unless within such period of six months an application
for a building permit covering the approved structures has been duly
filed. The Town Board may require a performance bond to assure that
a project which has been approved subject to conformity with development
plans will, if started, be either completed within a reasonable time
limit or abandoned and the premises returned to their previous condition.
