A.
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:
(1)
The
owners of 20% or more of the area of land included in such proposed
change;
(2)
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
(3)
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.
B.
Amendment procedure.
(1)
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.
(2)
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:
(a)
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.
(b)
The boundary of a Town: upon the Clerk thereof.
(c)
The boundary of a county: upon the Clerk of the Board of Supervisors
or other person performing like duties.
(4)
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.
(5)
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.
(6)
Map. The designated Town Official shall maintain every map adopted
in connection with this chapter or an amendment.
(7)
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.
