Amendments to this chapter shall be in accordance with § 265
of the Town Law of the State of New York or the Municipal Home Rule
Law, and as follows:
A.
Procedure. The Town Board may, from time to time, on its own motion
or on petition or on recommendation from the Planning Board, amend
the regulations and districts established under this chapter after
public notice and hearing in each case. All petitions for any amendments
of the regulations or districts herein established must be filed in
writing in a form required by the Town Board.
B.
Advisory report by Planning Board. Every proposed amendment, unless
initiated by the Planning Board, shall be referred to the Planning
Board. The Planning Board shall report its recommendations thereon
to the Town Board, accompanied by a statement of the reasons for such
recommendations, prior to the public hearing. If the Planning Board
fails to report within a period of 60 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.
C.
Public notice and hearing. The Town Board, by resolution, shall fix
the time and place of the public hearing and cause notice to be given
as follows:
(1)
By publishing a notice 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 public hearing.
(2)
By giving written notice of hearing to adjoining towns and to any
required county, state or federal agency, to the extent and in the
manner prescribed by law.
D.
Protest by owners. 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 included in such proposed amendment,
or by the owners of 20% or more of the area of the land immediately
adjacent extending 100 feet therefrom or by the owners of 20% or more
of the area of land directly opposite thereto extending 100 feet from
the street frontage of such opposite land, such amendment shall not
be passed except by the favorable vote of at least 3/4 of the members
of the Town Board.
Separate validity. If any article, subsection, paragraph, clause,
or other provision of this chapter shall be held invalid, the invalidity
of such section, subsection, paragraph, clause or other provision
shall not affect any of the other provisions of this chapter.
