This chapter or any part thereof may be amended,
supplemented or repealed from time to time by the Town Board, on its
own motion, on petition or upon recommendation by the Planning Board
as provided in § 274 of the Town Law. Every such proposed
amendment shall be referred by the Town Board to the Planning Board
for a report before the public hearing. Unless the Planning Board
fails to render such report within 60 days after its next regularly
scheduled meeting following the date of such referral, the Town Board
shall not take action on any such amendment without recommendation
from the Planning Board. If said report is received by the Town Board,
it shall become an official part of the minutes and said public hearing.
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)
Text: concerning a proposed amendment to or change
in text of this chapter:
(a)
Whether such change is consistent with the aims
and principles embodied in this chapter 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 effect of such change on other
regulations.
(2)
Map: 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 change.
(c)
Whether the proposed change is in accord with
any existing or proposed plans in the vicinity.
(d)
The effect of the proposed amendment upon the
growth of the Town as envisaged by the Town of Warwick Comprehensive
Plan.
(e)
Whether the proposed amendment is likely to
result in an increase or decrease in the total zoned residential capacity
of the Town and the probable effect thereof.
B.
Fee. Each petition to amend this chapter shall be accompanied by a fee payable to the Town Clerk upon the filing thereof in an amount as determined by Chapter 75, Development Fees.
C.
Notice of public hearing. 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 in accordance with provisions of §§ 264
and 265 of the Town Law.
D.
Notification of adjacent municipalities and other
agencies. Should any proposed amendment consist of or include any
of the conditions prescribed in Town Law § 264, the Town
Clerk shall transmit to the municipality or municipalities or agencies
a written notice of the public hearing at least 10 days prior to the
date of public hearing as prescribed by Town Law § 264.
G.
Protest. In the case of a protest against any amendment,
such amendment shall not become effective except in accordance with
the provisions of § 265 of the Town Law.
