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 hearing.
Each proposed amendment or change initiated by the Town Board,
other than those in substance originating as recommendations of the
Planning Board, shall be referred to the Planning Board for report
thereon before the public hearing hereinafter provided for. The Planning
Board shall report within 45 calender days after receiving such request
from the Town Board. Failure of the Planning Board to report within
the required time period shall be deemed a recommendation of approval
of the proposed amendment. 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 notices and referrals to be given
as follows:
A.
Notice of hearing. A notice of the time and place of such hearing
shall be given in the official paper at least 10 days prior to the
date thereof.
B.
Notice to state commissions. A written notice of any proposed change
or amendment affecting property within 500 feet of the boundaries
of any state park or parkway shall be given to the regional agency
having jurisdiction over such state park or parkway at least 10 days
prior to the date of such public hearing.
C.
Notice to adjacent towns. A written notice of any proposed change
or amendment affecting property within 500 feet of the boundaries
of any other town shall be given to the Clerk of such municipality
at least 10 days prior to the date of such hearing.
D.
Referral to Dutchess County Department of Planning and Development.
The Town Board shall comply with General Municipal Law, Article 12-B,
§§ 239-l and 239-m, as amended, by referring to the
Dutchess County Department of Planning and Development certain proposed
amendments before final action is taken.
In case of a protest against such change signed by the owners
of 20% or more of the area of land included in such proposed change,
or of that immediately adjacent extending 100 feet therefrom, or of
that directly opposite thereto extending 100 feet from the road frontage
of such opposite land, such amendment shall not become effective except
by the favorable vote of at least four members of the Town Board.
