Town of Forestburgh, NY
Sullivan County
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Table of Contents
Table of Contents

§ 85-36 Compliance with state law; referral.

This chapter or any part thereof, including the Zoning Map indicating the district boundaries, may from time to time be amended, supplemented, changed, modified or repealed by the Town Board and in the manner as provided by § 265 of Article 16 of the Town Law. Every proposed amendment or change shall be referred by the Town Board to the Planning Board for its report pursuant to § 274 of Article 16 of the Town Law and pursuant to the provisions of this chapter.

§ 85-37 Planning Board report.

In making such report on a proposed amendment, the Planning Board shall make inquiry and determination concerning the items specified below:
A. 
Concerning a proposed amendment to or change in the text of the chapter:
(1) 
Whether such change is consistent with the aims and principles embodied in this chapter as to the particular districts concerned.
(2) 
Which areas and establishments in the town will be directly affected by such change and in what way they will be affected.
(3) 
The indirect implications of such change in its effect on other regulations.
B. 
Concerning a proposed amendment involving a change in the Zoning Map:
(1) 
Whether the use permitted by the proposed change would be appropriate in the area concerned.
(2) 
Whether adequate public school facilities and other public services exist or can be created to serve the needs of any additional residences likely to be constructed as a result of such a change.
(3) 
Whether the proposed change is in accord with any existing or proposed plans in the vicinity.

§ 85-38 Public hearing.

By resolution adopted at a stated meeting, 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 § 265 of the Town Law.

§ 85-39 Notification to other agencies.

A. 
Where the land involved in any proposed amendment lies within 500 feet of any municipal boundary, county or state park or right-of-way of any county or state controlled access highway, right-of-way of any county drainage channel or from the boundary of any county or state-owned land on which a public building is situated, such application, accompanied by the notice of hearing, shall be forwarded to the County Planning Board for review in accordance with the provisions of §§ 239-1 and 239-m of Article 12-B of the General Municipal Law of the State of New York.
B. 
Should any proposed amendment consist of or include any change in the boundaries of any district, which change would occur within a distance of 500 feet of the boundary of any other muncipality or any change in the regulations prescribed for any district, any portion of which is located within 500 feet of such boundaries the Town Clerk shall transmit to the Municipal Clerk of such other muncipality a copy of the official notice of the public hearing hereof not later than the day after such notice appears in the official newspaper of the town.

§ 85-40 Content of notice.

All notices of public hearing shall specify:
A. 
The nature of any proposed amendment.
B. 
The land or district affected.
C. 
The date when and the place where the public hearing will be held.

§ 85-41 Protest against amendment.

In the case of a protest against any amendment, such amendment shall not become effective except in accordance with the provisions of § 265 of the Town Law.