The Town Board may, from time to time, on its own motion or
on petition or on recommendation of the Town Planning Board, after
proper public notice and public hearing, amend, supplement or repeal
the regulations, provisions or boundaries of this chapter.
In the case of a proposed amendment which involves the reclassification
or transfer of any area of the Town of North Collins from an R District
to any C or M District, the Town Board may require the petitioner
to submit a development plan showing the extent, location and character
of proposed structures and uses. The Town Board may require that such
plan be modified to meet the objections raised by the Town Planning
Board or at any public hearing thereon or subsequent thereto and may
qualify its approval of any such amendment by attaching a special
endorsement thereto. Within a period of six months from the approval
of such a provisional amendment, no building permit or certificate
of zoning compliance shall be issued for any property within the area
described by said amendment except in accordance with the approved
development plan and with all conditions and limitations placed thereon
by the Town Board or in accordance with the zoning regulations applicable
prior to said reclassification action. Unless application for a building
permit for such special development is made within six months from
the Town Board's approval and unless development of the area
included in such development plan is commenced within a period of
one year after the Town Board's approval, said approval shall
be null and void, and the zoning classification shall be as it was
when the petition for amendment was filed.
A.
Petition for amendment.
(1)
Filing of petition. A petition to amend, change or supplement the
text portion of this chapter or any zoning district as designated
on the Zoning Map portion of this chapter established herein shall
be filed with the Town Clerk of the Town of North Collins on forms
obtained from his office and shall be transmitted by him to the Town
Board. On and after the effective date of this chapter, any petition
to amend, change or supplement this chapter shall be accompanied by
a filing fee in an amount as established by the Town Board.
(2)
Protests. In case of a protest against any change signed by the owners
of 20% or more either of the area of the land included in such proposed
change or of that immediately adjacent extending 100 feet therefrom
or of that directly opposite thereto extending 100 feet from the street
frontage of such opposite land, such amendment shall not become effective
except by the favorable vote of at least four members of the Town
Board.
(3)
Public hearings; official notice; recording. Unless otherwise provided,
the provisions of § 265 of Article 16 of the Town Law, and
subsequent amendments thereto, pertaining to public hearings, official
notice and proper recording of zoning actions taken by the Town Board
shall apply to all amendments to this chapter.
B.
Referral to Planning Board. Each proposed amendment, except those
initiated by the Town Planning Board, shall be referred to the Town
Planning Board for an advisory report prior to the public hearing
held by the Town Board. In reporting, the Town Planning Board shall
fully state its reasons for recommending or opposing the adoption
of such proposed amendment and, if it shall recommend adoption, shall
describe any changes in conditions which it believes make the amendment
desirable and shall state whether such amendment is in harmony with
the Master Plan or Comprehensive Plan for land use in the Town.
C.
Rehearing on petition. The disposition of a petition for amendment
by the Town Board shall be final, and disapproval or denial of the
proposed amendment shall void the petition. No new petition for an
amendment which has been previously denied by the Town Board shall
be considered by it, except for a vote to table or to receive and
file, and no public hearing shall be held on such amendment within
a period of one year from the date of such previous denial, unless
the Town Planning Board shall submit a recommendation, with reasons
stated therefor, certifying that there have been substantial changes
in the situation which would merit a rehearing by the Town Board.
A.
Unless otherwise provided in this chapter, the Town Planning Board shall not have the power to increase the residential density patterns or to alter the minimum lot size requirements in any and all R Districts of this chapter in the exercise of its powers of plat approval or in the administration of Chapter 220, Subdivision of Land, of the Town of North Collins, without prior approval of the Town Board of North Collins in each and every instance where a request for said change is made to the Town Planning Board by a landowner, a private subdivider or his authorized agent.
B.
If such specific request is made to the Town Planning Board and subsequently approved by the Town Board after proper public notice and public hearing thereon, the Town Planning Board is authorized to modify said density regulations in an R District of this chapter, in a specific case, to the extent approved by the Town Board, in the administration of Chapter 220, Subdivision of Land, of the Town of North Collins, and pursuant to powers granted by state law.
