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 hearings as provided by § 265
of the Town Law of the State of New York.
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. If the Planning Board shall fail to submit such report
within 30 days after referral, it shall be deemed that the Planning
Board has approved the proposed amendment or change.
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 shall cause notice to be given as follows:
A.
Public notice. By publishing a notice at least 10
days in advance of such hearing in the official Town newspaper of
the Town of Phelps; such notice shall state the general nature of
the proposed amendment in such reasonable detail as will give adequate
notice of its contents and shall name the place or places where copies
of the proposed amendment may be examined.
B.
Personal notice.
(1)
A copy of such notice shall be mailed to every association
of residents of the Town which has registered its name for this purpose
with the Town Clerk.
(2)
A written notice of any proposed change or amendment
affecting property within 500 feet of the boundary of any state park
shall be given to the regional State Park Commission having jurisdiction
over such state facility at least 10 days prior to the date of such
public hearing.
(3)
A written notice of any proposed change or amendment
affecting property within 500 feet of the boundary of any city, village,
Town or county shall be given to the Clerk of such municipality and
to the Clerk of the Board of Supervisors at least 10 days prior to
the date of such hearing.
C.
Opportunity to be heard. At the public hearing, full
opportunities to be heard shall be given to any citizen and all parties
in interest.
D.
Adoption after protest. The favorable vote of at least
four members of the Town Board shall be required before the passage
of an amendment which is protested by the owners of 20% or more of
the area of:
E.
Changes, amendments or supplements. All changes, amendments
or supplements to this chapter and to the Zoning Map, which forms
a part hereof, shall be adopted in accordance with the provisions
of § 265 of the Town Law of New York State.
