The Town Board may, from time to time, on its own motion, on
petition or on recommendation of the Planning Board or Zoning Board
of Appeals, amend, supplement or repeal the regulations and provisions
of this chapter in the manner provided by Town Law.
A.
Whenever the owners of at least 50% of the frontage in any district
or block thereof shall present a petition duly signed and acknowledged
by such owners, accompanied by a fee of $25, to the Town Board requesting
an amendment, supplement or change in the zoning regulations for such
district or part thereof, it shall be the duty of said Board to hold
a public hearing on such petition after the filing of the same.
B.
In case of a protest against such a proposed change, signed by the
owners of 20% or more of either the area of the land included in such
a proposed change or of that immediately adjacent extending 100 feet
therefrom, and of that directly opposite thereto extending 100 feet
from the street frontage of such opposite land, the amendment, supplement,
change, modification or repeal shall not become effective except by
the favorable vote of at least four members of the Town Board.
Every such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board for report thereon. In recommending the adoption of any such proposed amendment, the Planning Board shall state its reasons for such recommendation, describing any condition that it believes makes the amendment advisable, and specifically setting forth the manner in which, in its opinion, the amendment would be in harmony with the Comprehensive Plan of land use for the Town and would be in furtherance of the purposes set forth in § 220-1 of this chapter. In recommending the rejection or revision of any proposed amendment, the Planning Board shall similarly state its reasons.
[Amended 11-26-1991 by L.L. No. 1-1991]
At least 10 days prior to the public hearing at which such amendment
is to be considered, the Town Board, in accordance with Sections 277.61
and 277.71 of the Westchester County Administrative Code, shall refer
to the Westchester County Planning Board all proposals affecting real
property abutting:
A.
The boundary of any state or county park.
B.
The right-of-way of any state road, parkway or expressway.
C.
The right-of-way of any stream or drainage channel owned by the county
or for which the county has established channel lines.
D.
The boundary of any county- or state-owned land on which a public
building or institution is located.
In any case where said amendment affects any real property lying
within 500 feet of the boundary of any municipality, the Clerk of
said municipality shall be notified thereof at least 10 days prior
to the public hearing at which such matter is to be considered.
