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repealed from time to time by the Town Board on its own motion or
in response to a petition from the public 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 any 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 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 the 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 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 facilities
and services, including roads, exist or can be created to serve the
needs of any additional residences or other uses likely to be constructed
as a result of such 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 Master Plan.
(e)
Whether the proposed amendment is likely to result in an increase
or decrease in the total residential capacity of the Town and the
probable effect thereof.
C.
Each petition for an amendment, except those initiated by the Town
Board or Planning Board, shall be accompanied by:
(1)
A fee in accordance with the Standard Schedule of Fees of the Town
of Lloyd as may be adopted from time to time by the Town Board;
(2)
A sketch showing the outline of the district, names of the property
owners and the assessed valuation of each property; and
(3)
A narrative detailing the rationale and need of the proposed amendment,
and how such amendment is consistent with the Town's Comprehensive
Plan.
D.
Whenever the owners of at least 51% of the assessed valuation in
any district shall present a petition, duly signed and acknowledged
by such owners, to the Town Board, requesting an amendment, supplement
or change in the zoning regulations prescribed for such district or
part thereof, it shall be the duty of the Town Board to hold a public
hearing on such petition within 90 days after the filing of same.
E.
By resolution adopted at a meeting of the Town Board, the Town Board
shall fix the time and place of a public hearing on the proposed amendment
and cause notice thereof to be given in accordance with provisions
of § 264 of the Town Law. All notices of public hearing
shall specify the nature of any proposed amendment, the land or district
affected and the date when and the place where the public hearing
will be held. At least 10 days' notice of the time and place of such
hearing shall be published in the official newspaper.
F.
In the case of a protest against any amendment, such amendment shall
not become effective except in accordance with the provisions of § 265
of the Town Law.
G.
A determination of the Town Board regarding the adoption or rejection
of any proposed amendment is a legislative action.
