Town of Lyons, NY
Wayne County
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The Town Board may from time to time on its own motion, or on petition, or on recommendation of the Planning Board, amend, supplement, or repeal the regulations and provisions of this chapter, after public notice and hearing.
Every such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board for report prior to scheduling the public hearing hereinafter provided for. If the Planning Board shall fail to file such report within a reasonable time, it shall be conclusively presumed that the Planning Board has approved the proposed amendment, supplement, or change.
All amendments to this chapter which would change the district classification or the regulations applying to real property lying within a distance of 500 feet from the boundary of the Town of Lyons or the boundary of any existing or proposed county or state park or other recreational area, or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway, or from the right-of-way of any existing or proposed stream or drainage channel owned by the county for which the county has established channel lines, or from the existing or proposed boundary of any county or state-owned land on which a public building or institution is situated, or from the boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law (except this shall not apply to the granting of area variances) shall be referred to the Wayne County Planning Board. If the Wayne County Planning Board fails to report within 30 days after receipt of a full statement of such referred matter, the Town Board may act without such report. If the Wayne County Planning Board disapproves of the proposed amendment, supplement, change or modification, or recommends modification of the proposal of the Town of Lyons, the Town Board shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary act.
The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendments and cause notice to be given as follows:
Public notice. By publishing a notice at least 10 days in advance of such hearing in the official newspaper of the Town of Lyons; such notice shall state the general nature of the proposed amendment in such reasonable detail as will give adequate notice of its contents, and shall name the place or places where copies of the proposed amendment may be examined.
Opportunity to be heard at hearing. At the public hearing, full opportunity to be heard shall be given to any citizen and all parties in interest.
Written notice. A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any village, town or county shall be given to the clerk of such municipality and to the Clerk of the Board of Supervisors at least 10 days before such hearing.
Personal notice.
A copy of such notice shall be mailed to every association of residents of the Town which has registered its name for this purpose with the Town Clerk.
A written notice of any proposed change or amendment affecting property within 500 feet of the boundary of any state park shall be given to the regional State Park Commission having jurisdiction over such state facility at least 10 days prior to the date of such public hearing.
In case of an adverse recommendation against any proposed amendment by the Planning Board or in the case of a protest signed by the owners of 20% or more of the area of: 1) the land included in such proposed change; 2) the land immediately adjacent extending 100 feet therefrom; or 3) the land directly opposite thereto extending 100 feet from the street, road or highway frontage of such opposite land, such amendment shall not become effective except by favorable vote of at least four members of the Town Board.