This chapter, or any part thereof, including the Zoning District Map[1] indicating the various district boundaries, may from time to time be amended, supplemented, changed, modified or repealed by the Town Board in the manner provided by §§ 264 and 265 of the Town Law.
[1]
Editor's Note: The Zoning Map is included in the pocket part at the end of this volume.
An amendment to this chapter may be initiated in one of three ways:
A. 
By the Town Board upon its own motion.
B. 
By resolution of the Planning Board or Zoning Board of Appeals, filed with the Town Clerk, wherein certain changes to or repeal of certain provisions of this chapter are recommended.
C. 
By petition duly signed and acknowledged from the owners of 50% or more of the frontage in any zoning district or part thereof requesting an amendment, supplement or change in the regulations prescribed for such zoning district or part thereof. Said petition shall be accompanied by the applicable fee, in accordance with the fee schedule established and annually reviewed by the Town Board, and by the necessary supporting documentation identified on a checklist available from the office of the Town Clerk.
A. 
All proposed amendments, supplements or changes originating by petition or by motion of the Town Board shall be referred to the Planning Board for a report and recommendation thereon. In undertaking such review, the Planning Board shall make inquiry and provide recommendation concerning the matters specified below:
(1) 
Whether such change is consistent with the purposes embodied in this chapter as applied to the particular zoning districts concerned.
(2) 
Which areas and establishments in the Town will be directly affected by such change and in what way will they be affected.
(3) 
Whether adequate public service and other support facilities exist or can be created to serve the needs of any additional development that may occur as a result of such change.
(4) 
The indirect implications of such change in its effect on other regulations.
(5) 
Whether such proposed amendment is consistent with the underlying objectives of this chapter.
B. 
The Planning Board shall submit its report within 45 days after receiving such referral from the Town Board. Failure of the Planning Board to report within the required time period shall be deemed to be a recommendation of approval of the proposed amendment.
A. 
Public notice and hearing. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given as follows:
(1) 
By publishing a notice at least 10 calendar days prior to the time of such hearing in the official newspaper of the Town, specifying:
(a) 
The nature of the proposed amendment;
(b) 
The specific land or land use district affected; and
(c) 
The date, time and place where the public hearing shall occur.
(2) 
By providing a copy of such notice of any proposed change or amendment affecting property within 500 feet of any other municipality to the Clerk of such municipality at least 10 calendar days prior to the date of such public hearing.
B. 
Required referral. The Town Board shall transmit a full statement of any proposed amendment, whether a map amendment or a text amendment, that meets the referral requirements of §§ 239-l and 239-m of the General Municipal Law to the Dutchess County Department of Planning for its review and recommendation. No action shall be taken by the Town Board on such proposed amendment until a recommendation has been received from the County Department of Planning or until 30 calendar days have elapsed since said Department received such full statement.
C. 
Compliance with SEQRA. Proposed amendments are actions subject to the provisions of the New York State Environmental Quality Review Act.[1] Prior to formal consideration and public hearing, the Town Board shall make a determination as to the type of action, lead agency status and environmental significance of the proposed amendment in accordance with Article 8 of the Environmental Conservation Law and Title 6, Part 617, NYCRR. Any action to initiate an amendment to this chapter shall be specifically accompanied by either a short or full Environmental Assessment Form as required by SEQRA, Article 8 of the Environmental Conservation Law, and related Title 6, Part 617, NYCRR.
[1]
Editor's Note: See Article 8 of the Environmental Conservation Law.
D. 
Town Board action.
(1) 
The Town Board may approve any such proposed amendment by a majority vote of said Board, except that a favorable vote of at least four members of the Town Board, i.e., a majority plus one, shall be required if:
(a) 
Action being taken is contrary to the advisory recommendation received from the Dutchess County Department of Planning under the provisions of §§ 239-l and 239-m of the General Municipal Law; or
(b) 
In accordance with the provisions of § 265 of the Town Law, a protest petition against such amendment has been duly signed and acknowledged by the owners of at least 20% of the land area included in such proposed change, or of that immediately adjacent extending 100 feet therefrom, or that directly opposite thereto extending 100 feet from the street frontage of such opposite land.
(2) 
If the action taken is contrary to the advisory recommendation of the County Department of Planning, a report on the action shall be filed within seven calendar days thereof with said Department.