A.
The Town Board may from time to time, on its own motion, on petition
or on recommendation of the Planning Board, amend, supplement or repeal
the regulations and provisions of this chapter in the manner provided
by Town Law.
B.
The Town Board, by resolution adopted at a regular or special meeting,
shall fix the time and place of a public hearing on the proposed amendment
and cause 10 days' public notice thereof to be given, stating the
purpose of the proposed amendment.
C.
No change in the text or zoning district boundary of this chapter
shall become effective until two public hearings are held in relation
thereto, at which the general public shall have an opportunity to
be heard. The two hearings shall be held no less than 15 days apart.
D.
Every amendment to this chapter, including any map incorporated therein,
adopted in accordance with the Town Law, shall be entered in the minutes
of the Town Board, and a copy or summaries thereof, exclusive of any
map incorporated therein, shall be published once in a newspaper of
general circulation in the Town. In addition, a copy of such law or
amendment, together with a copy of any map incorporated therein, shall
be posted conspicuously at or near the office of the Town Clerk in
accordance with Town Law. Affidavits of the publication and posting
thereof shall be filed with the Town Clerk.
E.
Decision. An amendment that has been approved by the Planning Board
may be adopted by a simple majority of the Town Board. No amendment
of this chapter that has not been approved by the Planning Board shall
be adopted except by a super-majority vote (majority plus one) of
the full Town Board membership.
F.
Whenever the majority of the taxpayers in any district shall present
to the Town Board a petition duly signed and acknowledged requesting
an amendment, supplement, change, modification or repeal of the regulations
prescribed for such district or of the Zoning Map including such district,
it shall be the duty of the Town Board to hold a public hearing thereon
and cause notice thereof to be given in the manner prescribed above.
A.
Planning Board report. Every such proposed amendment or change, unless
initiated by the Planning Board, shall be referred to the Planning
Board for its report thereon before the public hearing provided for
by Town Law. The date of the Town Board resolution to refer such proposed
amendment or change to the Planning Board shall be deemed to be the
initiation of proceedings. Failure on the part of the Planning Board
to report its recommendation to the Town Board within 45 days after
initiation of proceedings therefor shall be deemed approval thereof,
unless such proceedings have been previously terminated by the Town
Board or by the petitioner.
(1)
In recommending the adoption of any such proposed amendment, the
Planning Board shall:
(a)
State its reasons for such recommendation; describing any condition
that it believes makes the amendment advisable.
(2)
In recommending the rejection or revision of any proposed amendment,
the Planning Board shall similarly state its reasons.
(3)
Nothing herein shall be construed to prevent the Town Board from
acting on a proposed amendment prior to receipt of the Planning Board's
recommendation as specified above; provided, however, that the proposed
amendment shall be adopted by a super-majority vote (majority plus
one) of the full Town Board membership.
The Town Clerk shall forward one copy of the proposed amendment
to each of the following, as applicable:
