The Town Board may, from time to time, on its own motion, or
on petition, or on recommendation from the Planning Board, amend the
regulations and districts established under this chapter after public
notice and hearing in each case. All proposed amendments of the regulations
or districts herein established shall be filed in writing in a form
required by the Town Board.
Every proposed amendment, unless initiated by the Planning Board,
shall be referred to the Planning Board. The Planning Board shall
report in writing its recommendations thereon to the Town Board, accompanied
by a full statement of the reasons for such recommendations, prior
to the public hearing. If the Planning Board fails to report within
a period of 30 days from the date of receipt of notice or such longer
time as may have been agreed upon by it and the Town Board, the Town
Board may act without such report. If the Planning Board recommends
disapproval of the proposed amendment, or recommends modification
thereof, the Town Board shall not act contrary to such disapproval
or recommendation except by the adoption of a resolution fully setting
forth the reasons for such contrary action.
Wherever owners of property present to the Town Board a petition
duly signed and acknowledged, requesting an amendment, supplement,
change or repeal of the regulations prescribed for such district or
part thereof, it shall be the duty of the Town Board to vote upon
said petition within 90 days after filing of the same with the Town
Clerk by the petitioners.
The Town Board, by resolution, shall fix the time and place
of the public hearing and cause notice to be given as follows:
A. By publishing notices of the proposed amendments and the time and
place of the public hearing in a newspaper of general circulation
in the Town, not less than 10 days prior to the date of the public
hearing.
B. By giving written notice of the hearing to any required municipal,
county, state or federal agency in a manner prescribed by law.
If a protest against the proposed amendment is presented to
the Town Board, duly signed and acknowledged by the owners of 20%
or more of the area of land included in such proposed amendment, or
by the owners of 20% or more of the area of land immediately adjacent
extending 100 feet therefrom, or by the owners of 20% or more of the
area of land directly opposite thereto extending 100 feet from the
street frontage of such opposite land, such amendment shall not be
passed except by the favorable vote of at least a three-fourths majority
of the Town Board.
The Town Board shall set the public hearing as required and
shall render its decision within 62 days of the receipt of the Planning
Board's report. If the Town Board deems it advisable, it may
require as a condition for approval of the amendment that the amended
area be put to use within a reasonable length of time.
The Town Board shall notify the applicant for an amendment of
its decision in writing within five days after the decision has been
rendered.