This chapter or any part thereof, including the Zoning Map,[1] indicating the various district boundaries, may from time
to time be amended, supplemented, changed, modified or repealed by
the Town Board in the manner provided by §§ 264 and
265 of the Town Law.
[1]
Editor's Note: The Zoning Map is included as an attachment
to this chapter.
An amendment to this chapter may be initiated in any of three
ways:
A.
By the Town Board upon its own motion.
B.
By resolution of the Planning Board, filed with the Town Clerk, wherein
certain changes to or repeal of specific provisions of this chapter
are recommended, in which case, it shall be the duty of the Town Board
to act on such proposed amendment within 90 days of the time such
resolution is filed by the Planning Board with the Town Clerk.
C.
By a petition duly signed and acknowledged from the owners of 50% or more of the acreage in any district or part thereof requesting an amendment, supplement or change in the regulations prescribed for such district or part thereof, in which case, it shall be the duty of the Town Board to act upon such petition for amendment within 90 days of the time such petition is filed by the petitioners with the Town Clerk. Said petition shall be accompanied by the applicable fee in accordance with the fee schedule of § 118-140.
A.
All proposed amendments, supplements or changes originating by petition
or by motion of the Town Board shall be referred to the Planning Board
for a report and recommendation thereon. In undertaking such review,
the Planning Board shall make inquiry and provide recommendation concerning
the items specified below:
(1)
Whether such change is consistent with the purposes embodied
in this chapter as applied to the particular districts concerned.
(2)
Whether adequate public services and other support facilities
exist or can be created to serve the needs of any additional development
that may occur as a result of such change.
(3)
The indirect implications of such change in its effect on other
regulations.
(4)
Whether such proposed amendment is consistent with the underlying
objectives of the Town Comprehensive Plan.
(5)
Whether such proposed amendment is consistent with the character
of the community.
B.
The Planning Board shall submit its report within 45 days after receiving
such referral. Failure of the Planning Board to report within the
required time shall be deemed to be a recommendation of approval of
the proposed amendment.
A.
Public notice and hearing. The Town Board, by resolution adopted
at a stated meeting, shall fix the time and place of a public hearing
on the proposed amendment and cause notice thereof to be given as
follows:
B.
Required referral. If applicable, the Town Board shall transmit a
full statement of any proposed amendment, either map or text, that
meets the referral requirements of § 239-m of the General
Municipal Law to the Oneida County Department of Planning for its
review and recommendation. No action shall be taken by the Town Board
on such proposed amendment until a recommendation has been received
from the County Department of Planning or 30 calendar days have elapsed
since said Board received such full statement.
C.
Compliance with State Environmental Quality Review Act. Proposed
amendments are actions subject to the provisions of the New York State
Environmental Quality Review Act. Prior to formal consideration and
public hearing, the Town Board as lead agency shall make a determination
as to the type of action and environmental significance of the proposed
action in accordance with Part 617 of the NYCRR and Article 8 of the
Environmental Conservation Law.
D.
Town Board action. The Town Board may approve any such proposed amendment
by a majority vote of said Board, except that a favorable vote of
at least four members of the Town Board, i.e., a majority plus one,
shall be required if:
(1)
The action being taken is contrary to the advisory recommendation
received from the Town Planning Board or from the County Planning
Board under the provisions of § 239-m of the General Municipal
Law.
(2)
In accordance with the provisions of § 265 of the
Town Law, a protest petition against such amendment has been duly
signed by the owners of at least 20% of the land area included in
such proposed change or of that immediately adjacent extending 100
feet therefrom or that directly opposite.
E.
Conformance with Town Comprehensive Plan. In all cases where the
Town Board shall approve an amendment to the Zoning Map,[1] said Board shall find, for reasons fully set in its resolution,
such amendment to be in conformity with the Town Comprehensive Plan.
[1]
Editor's Note: The Zoning Map is included as an attachment
to this chapter.
