Amendments to this chapter shall be made pursuant to the New
York State Municipal Home Rule Law. Also, should provisions of New
York State Town Law be amended to require actions different from those
specified herein, the state requirements shall prevail.
A.
This chapter or any part thereof may be amended, supplemented or
repealed from time to time by the Town Board on its own motion or
upon recommendation by the Planning Board. Prior to public hearing,
every such proposed amendment shall be referred by the Town Board
to the Planning Board for a report. The Town Board shall not take
action on any such amendment without such report from the Planning
Board unless the Planning Board fails for any reason to render such
report within 45 days after its next regularly scheduled meeting following
the date of such referral.
B.
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)
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 the chapter as to the particular districts concerned.
(b)
Which areas, land uses, buildings and establishments in the
Town will be directly affected by such change and in what way they
will be affected.
(c)
The indirect implications of such change in its effect on other
regulations.
(d)
Whether such proposed amendment is consistent with the aims
of the Comprehensive Development Plan of the Town.
(2)
Concerning a proposed amendment involving a change in the Zoning Map:
(a)
Whether the uses 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 needs of any additional residences
likely to be constructed as a result of such a 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 Comprehensive Development 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.
C.
Each petition for a zoning amendment shall be accompanied by a fee
of $20, payable to the Town Clerk upon the filing thereof. No fee
shall be required for petitions filed in favor of or against a pending
application.
D.
Amendments. The Town Board may, on its own motion, on petition or
on recommendation of the Town Planning Board, amend these regulations
pursuant to the applicable requirements of law.
E.
Publication of meeting notice. At least 10 days prior to a public
hearing to consider zoning amendments, a notice of the time and place
of such hearing shall be published in a paper of general circulation
in the Town.
F.
Service of written notice. At least 10 days prior to the date of
the public hearing, written notice of any proposed regulations, restrictions
or boundaries of such districts, including any amendments thereto,
affecting property within 500 feet of the following, shall be served
personally or by mail by the Town upon each person or persons listed
below:
(1)
The property of the housing authority erecting or owning a housing
project authorized under the Public Housing Law: upon the executive
director of such housing authority and the chief executive officer
of the municipality providing financial assistance thereto.
(2)
The boundary of a city, village or town: upon the Clerk thereof.
(3)
The boundary of a county: upon the Clerk of the Board of Supervisors
or other person performing like duties.
(4)
The boundary of a state park or parkway: upon the regional state
park commission having jurisdiction over such state park or parkway.
G.
Additional requirements; referral to the County Planning Board. Refer to § 207-51B for complete referral requirements. The procedural requirements set forth herein shall be in addition to the requirements of the provisions of §§ 239-l and 239-m of the General Municipal Law relating to review by a county, metropolitan or regional planning board; the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations, which are codified in Title 6, Part 617, of the New York Codes, Rules and Regulations; and any other general laws relating to land use and any amendments thereto.
H.
Public hearing. The public, including those served notice pursuant to Subsection F of this section, shall have an opportunity to be heard at the public hearing. Those parties set forth in Subsection F(1) through (4) of this section, however, shall not have the right of review by a court as hereinafter provided.
I.
Filing and effective date. Upon adoption or approval of a modification
to this chapter, the Town Board must file a copy with the Town Clerk
and must publish the ordinance or amendment or a summary or abstract
thereof in a newspaper designated by the Town Board as having general
circulation in the Town. The Town Board shall also file the law or
amendment thereof with the Office of the Secretary of State. The law
or amendment shall take effect upon filing with the Office of the
Secretary of State or 10 days after publication of the amendment,
whichever occurs later.
