This chapter, or any part thereof, including the Zoning District
Map indicating the various district boundaries, may from time to time
be amended, supplemented, changed, modified or repealed by the Town
Board by local law pursuant to the provisions of Article 3 of the
Municipal Home Rule Law.
An amendment to this chapter may be initiated in one of four
ways:
A.
By the Town Board upon its own motion.
B.
By resolution of the Planning Board, 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 hereof.
D.
By application for a floating district approval.
Consideration of an amendment to this chapter will be deemed
to be a legislative act. Nothing herein shall require the Town Board
to accept for consideration or adoption any application or petition
for amendment, any amendment recommended by the Planning Board, or
by petition or by application for a Zoning District Map amendment,
including a floating district. The determination by the Town Board
to consider, enact or deny the proposed amendment shall be deemed
to be a legislative act within the sole discretion of the Town Board,
and such determination shall be made with due regard to the New York
State Town Law's requirement that all land use controls shall be in
accordance with the Town of Rhinebeck Comprehensive Plan.
A.
In the event the Town Board determines to process the application
for an amendment initiated on its own motion, by petition or by application,
the proposed amendment 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 school facilities, other public services
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.
(6)
Whether such proposed amendment is consistent with and furthers
the goals and objectives of the Town of Rhinebeck Comprehensive Plan.
(7)
Whether the use(s) permitted by the proposed change would be
appropriate in the area concerned.
(8)
Whether the proposed change is in accord with any existing or
proposed plans in the vicinity.
(9)
The effect of the proposed amendment upon the growth of the
Town as envisaged by the Town of Rhinebeck Comprehensive Plan.
(10)
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.
B.
The Planning Board shall submit its report within 60 calendar 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.
C.
In the event the application for an amendment is initiated by the
Planning Board, the Planning Board shall include in its resolution
its report and recommendation in accordance with the provisions of
this article.
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:
(2)
By providing a copy of such notice of any proposed change or
amendment affecting property within 500 feet of any other municipality
personally or by mail to the clerk of such municipality at least 10
calendar days prior to the date of such public hearing.
(3)
By providing a copy of such notice of any proposed change or
amendment affecting property within 500 feet of the boundary of a
county personally or by mail to the Clerk of the County Legislature
or Clerk or Secretary of the County Executive or other person performing
like duties at least 10 calendar days prior to the date of such public
hearing.
[Amended 7-25-2016 by L.L. No. 5-2016]
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 and Development 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 Dutchess County
Department of Planning and Development or 30 calendar days have elapsed
since said Department received such full statement. In the event that
the Dutchess County Department of Planning and Development recommends
modification thereof within such time period or at a later date prior
to final action by the Town Board, the Town Board shall not act contrary
to such recommendation except by the vote of a majority plus one of
all the members after the adoption of a resolution fully setting forth
the reasons for such contrary action. Within 30 calendar days after
such final action, the Town Board shall file a report of the final
action it has taken with the County Department of Planning and Development.
C.
Compliance with SEQRA. The Town Board, in its consideration of the
amendment to the Zoning Law, shall be required to comply with the
provisions of SEQRA prior to adoption.
[Amended 7-25-2016 by L.L. No. 5-2016]
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 and Development
under the provisions of § 239-l or 239-m of the General
Municipal Law; or
(b)
The provisions of § 265(1) of the Town Law regarding
written protests to proposed map or text amendments to the Zoning
Law shall not apply to the Town of Rhinebeck.
(2)
If the action taken is contrary to the advisory recommendation
of the County Department of Planning and Development, a report on
the action, setting forth the reasons for the contrary action, shall
be filed with said Department within 30 calendar days of the final
action.
E.
Filing fee. Each petition or application to amend this chapter shall
be accompanied by a fee payable to the Town Clerk upon the filing
thereof in an amount as determined by the Town's schedule of fees.
[Amended 7-25-2016 by L.L. No. 5-2016]
F.
Reimbursement for consulting fees. For any application for amendment initiated by petition or by application, the petitioner or the applicant, as the case may be, shall be required to comply with the provisions of Article XIV of this chapter regarding reimbursement to the Town for professional consulting fees and the establishment of an escrow account.
[Amended 7-25-2016 by L.L. No. 5-2016]
