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or repealed from time to time by the Town Board on its own motion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 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
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 referral. Any property
owner may submit a petition to the Town Board requesting a zoning
change, setting forth the reason for the requested change and paying
the prescribed fee(s). The Town Board may require restrictive covenants
in recordable form from a petitioner in connection with any zone change.
(Note: See New York State Town Law § 265.)
A.
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 the text of this
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 Comprehensive 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.
B.
Each petition for a zoning amendment shall be accompanied by a fee
in accordance with the Standard Schedule of Fees[1] of the Town of New Windsor as may be adopted from time
to time by the Town Board. No fee shall be required for a petition
filed in favor of or against a pending application.
C.
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 Article 16 of the Town Law. All notices of public
hearings shall specify the nature of any proposed amendment, the land
or district affected, and the date, the time 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.
D.
If any proposed amendment consists of or includes either of the following
two conditions, the Town Clerk shall transmit to the Town Supervisor
a copy of the official notice of the public hearing not later than
10 days prior to the date of the hearing:
(1)
Any change in the boundaries of any district, which change would
occur within a distance of 500 feet of the boundary of any village
or town or a state or county road.
E.
If any proposed amendment consists of or includes any of the following
conditions, the Attorney for the Town shall refer the proposed amendment
to the Orange County Planning Board:
(1)
Any change in the district classification of, or the regulations
applying to, real property abutting or within 500 feet of:
(a)
The boundary of any village or town.
(b)
The boundary of any existing or proposed state or county park
or other recreation area.
(c)
The right-of-way of any state parkway, thruway, expressway or
other controlled-access highway or county road or parkway.
(d)
The right-of-way of any stream or drainage channel owned by
the county or for which the county has established channel lines.
(e)
The boundary of any county- or state-owned land on which a public
building or institution is located.
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 Article 16 of the Town Law.
G.
In all cases where the Town Board shall approve an amendment to this
chapter, said Board shall find that, for reasons fully set forth in
said findings, such amendment is in conformity with the Comprehensive
Plan for the community's development.
H.
Upon approval of a change to the Zoning Map, the Engineer for the
Town shall be responsible for making the change to the Official Town
Zoning Map[2] and distributing copies to each department in the Town
of New Windsor and for furnishing no fewer than 20 revised maps to
the Town Clerk for sale. The Town Clerk shall maintain every map as
revised in accordance with New York State Town Law § 265.
[2]
Editor's Note: The Zoning Map is on file in the Town offices.
I.
All amendments to this chapter shall be subject to the provisions
of the New York State Environmental Quality Review Act.
