The Town Board may, from time to time, on its own motion, on
petition, or on recommendation from the Planning Board, amend the
requirements and districts established under this chapter after public
notice and hearing in each case. All proposed amendments of the requirements
or districts herein established shall be filed in writing in a form
required by the Town Board.
Every proposed amendment, unless initiated by the Planning Board,
shall be referred to the Planning Board. The Planning Board shall
report, in writing, its recommendations thereon to the Town Board,
accompanied by a full statement of the reasons for such recommendations,
prior to the public hearing. If the Planning Board fails to report
within a period of 45 days from the date of receipt of notice or such
longer time as may have been agreed upon by it and the Town Board,
the Town Board may act without such report. If the Planning Board
recommends disapproval of the proposed amendment or recommends modification
thereof, the Town Board shall not act contrary to such disapproval
or recommendation, except by the adoption of a resolution fully setting
forth the reasons for such contrary action.
Wherever the owners of lots having 50% of the total cumulative
road frontage in a district or a part thereof shall present a petition
duly signed and acknowledged to the Town Board and requesting an amendment,
supplement, change or repeal of the requirements prescribed for such
district or part thereof, it shall be the duty of the Town Board to
vote upon said petition within 90 days after the filing of the same
by the petitioners with the Town Clerk.
The Town Board, by resolution, shall fix the time and place
of the public hearing and cause notice to be given as follows:
A.
By publishing notices of the proposed amendment and the time and
place of the public hearing in a newspaper of general circulation
in the Town, not less than 10 days prior to the date of the public
hearing.
B.
By giving written notice of the hearing to any required municipal,
county, regional, metropolitan, state or federal agency in a manner
prescribed by law.
C.
By referring such application to the Chemung County Planning Board
in accordance with the General Municipal Law as required.
A zoning amendment shall be passed by the favorable vote of
at least a three-fourths majority vote of the Town Board if a protest
against the proposed amendment is presented to the Town Board, duly
signed and acknowledged by the owners of 20% or more of the area of
land:
The Town Board shall set the public hearing as required and
shall render its decision within 60 days of the receipt of the Planning
Board's report. If the Town Board deems it advisable, it may require,
as a condition for approval of the amendment, that the amended area
be put to use within a reasonable length of time.
The Town Board shall provide notice of decision pursuant to
the Town Law.
