Town of Coxsackie, NY Amendments

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Amendments by Town Board. The Town Board, from time to time on its own motion or on petition by taxpayers, on recommendations of the Planning Board after public notice and hearing as prescribed by the Town Law, may amend, supplement, modify or repeal in whole or in part this chapter or the boundary of any district established by this chapter.

Advisory report by Planning Board.

(1)

Any such proposed change in the text of this chapter or a zoning district boundary shall first be referred to the Planning Board, which shall submit a written report to the Town Board prior to public hearing thereon by the Town Board. The Planning Board shall favorably recommend adoption of an amendment or change in this chapter or in a district boundary only if:

(a)

Such change does not conflict with the general purposes, goals and intent of this chapter; and

(b)

Such change is consistent with the Comprehensive Plan.

(2)

The Planning Board shall submit to the Town Board its advisory report within 30 days after receiving notice from the Town Clerk of the proposed change. The failure to make such report within 30 days shall be deemed to be a favorable recommendation.

Public hearing. No change in the text of this chapter or a zoning district boundary shall become effective until after a public hearing is held in relation thereto at which the general public shall have an opportunity to be heard.

(1)

Newspaper notice of hearing. At least 15 days prior to the date of such public hearing, a notice of the time and place shall appear in the official newspaper. Such notice shall describe the area, boundaries, regulations or requirements that such proposed change involves.

(2)

Written notice of change or amendment. At least 10 days prior to the date of said public hearing, written notice of such proposed change or amendment affecting property within 500 feet of the boundaries of the Town of Coxsackie shall be given to the Town Clerk. The Town shall have the right to appeal and to be heard at such public hearing with respect to any such proposed change or amendment. Written notice of a proposed change or amendment affecting property shown on the Zoning Map as a protectively zoned area of a housing project authorized under the Public Housing Law shall be given to the housing authority erecting or owning the project and to the government providing financial aid for assistance thereto at least 10 days prior to the date of public hearing.

Publication and posting. Every zoning ordinance and every amendment to a zoning ordinance, 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 thereof, exclusive of any map incorporated therein, shall be published once in the official newspaper. In addition, a copy of such ordinance or amendment, together with a copy of any map incorporated therein, shall be posted conspicuously at or near the office of the Town Clerk. Affidavits of the publication and posting thereof shall be filed with the Town Clerk. Such ordinance shall take effect 10 days after such publication and posting, but such ordinance or amendment shall take effect 10 days after from the date of service as against a person served personally with a copy thereof certified by the Town Clerk and showing the date of its passage and entry in the minutes.

Protest. A protest against a proposed change or amendment to this chapter, if signed by the owners of 20% or more of the area of the land included in such proposed change, or by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, shall require the favorable vote of 3/4 of the members of the Town Board to become effective.

Fee. Every petition for a change or amendment to this chapter shall be accompanied by a fee as set by the Town of Coxsackie Fee Schedule[1] to help defray the cost of advertising and of such technical studies or professional assistance as may be necessary in connection therewith.

[1]

Editor's Note: The Fee Schedule is on file in office of the Building Inspector/Code Officer.