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Town of Austerlitz, NY
Columbia County
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This chapter may from time to time be amended. An amendment shall be effected by a simple majority vote of the Town Board, or by a supermajority vote of the Town Board in the event that such amendment is the subject of a written protest presented to the Board and signed by:
The owners of 20% or more of the area of land included in such proposed change;
The owners of 20% or more of the area of land immediately adjacent to that land included in such proposed change, extending 100 feet therefrom; or
The owners of 20% or more of the area of land directly opposite thereto, extending 100 feet from the lot frontage of such opposite land.
Amendment procedure.
No such amendment to this chapter, including the regulations, restrictions or boundaries, shall become effective until after a public hearing in relation thereto, at which the public shall have an opportunity to be heard. At least 10 days' notice of the time and place of such hearing shall be published in a paper of general circulation in the Town.
Service of written notice. At least 10 days prior to the date of the public hearing, written notice of any proposed regulations, restrictions or boundaries of such districts, including amendments thereto, affecting property within 500 feet of the following shall be served personally or by mail by the Town upon each person or persons as listed below:
The property of the housing authority erecting or owning work force housing authorized under the Public Housing Law: upon the executive director of such housing authority and the chief executive officer of the municipality providing financial assistance thereto.
The boundary of a Town: upon the Clerk thereof.
The boundary of a county: upon the Clerk of the Board of Supervisors or other person performing like duties.
Public hearing. The public, including those served notice pursuant to this chapter, shall have the opportunity to be heard at the public hearing. Those parties set forth in Subsection B(2)(a), (b), and (c) above, however, shall not have the right of review by a court as hereinafter provided.
Additional requirements. The procedural requirements set forth herein shall be in addition to the requirements of the provisions of §§ 239-l and 239-m of the General Municipal Law relating to review by a county planning agency or regional planning council; the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations, which are codified in Part 617 of Title 6 of the New York Codes, Rules and Regulations; and any other general laws relating to land use and any amendments thereto.
Filing. Every zoning law and every amendment thereto (excluding any map incorporated therein) adopted shall be entered in the minutes of the Town Board, and a copy, summary or abstract thereof (exclusive of any map incorporated therein) shall be published once in the official newspaper, and a copy of such local law or amendment, together with a summary or abstract of any map incorporated therein, shall be posted conspicuously at or near the main entrance to the office of the Town Clerk, and affidavits of the publication and posting thereof shall be filed with the Town Clerk. Such minutes shall describe and refer to any map adopted in connection with such local law or amendment.
Map. The designated Town Official shall maintain every map adopted in connection with this chapter or an amendment.
Effective date. Such local laws shall take effect upon filing in the office of the Secretary of State, but such local laws or amendments shall take effect from their date of service as against a person served personally with a copy thereof, certified by the Town Clerk, and showing the date of passage and entry in the minutes.
Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standards shall govern.
Upon the adoption and effective date of this chapter, L.L. No. 1-2000, the Town of Austerlitz Site Plan Review Local Law, is hereby repealed and replaced with the provisions herein.
Editor's Note: See now Art. VIII, Site Plan Review, of this chapter.