The Town Board may, from time to time, on its own motion, or on petition, or on recommendation of the Planning Board, amend, supplement, change, modify, or repeal the regulations, restrictions, and boundary provisions of this chapter after public notice and hearing, as required by the laws of New York State.
As an aid in analyzing the implications of proposed amendments and to coordinate the effect of such actions on intergovernmental concerns, the Town Board shall refer proposed amendments to the Town and county planning agencies as required by this chapter and/or the laws of New York State.
A. 
Referral to Town Planning Board and Conservation Advisory Commission. Every proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Town of Washington Planning Board and Conservation Advisory Commission for report thereon prior to public hearing.
B. 
Referral to County Planning Department. Any proposed amendment affecting real property within 500 feet of the boundary of the Town of Washington, or the boundary of any existing or proposed county or state park or other recreational area, or the right-of-way of any existing or proposed county or state roadway, or the boundary of any existing or proposed right-of way for a stream or drainage channel owned by the county and for which the county has established channel lines, or the boundary of any existing or proposed county- or state-owned land on which a public building or institution is situated, shall be referred to the Dutchess County Department of Planning before final action is taken pursuant to General Municipal Law, Article 12-B, §§ 239-l and 239-m, as amended.
No proposed amendment shall become effective until after a public hearing thereon at which parties in interest and citizens shall have an opportunity to be heard. The Town Board by resolution offered at a stated meeting shall fix the time and place for a public hearing on proposed amendments and shall cause public notice to be given as required by the laws of New York State and specified below. If a proposed amendment is initiated by petition, the petitioner shall be responsible for publication of notice and notice to adjacent municipalities.
A. 
Publication of notice in newspaper. Notice of the time and place of the public hearing shall be published at least 10 days in advance of such hearing in a newspaper with general circulation in the Town. This notice should specify the general nature of the proposed amendment in such reasonable detail as will give adequate notice of its contents indicating the place or places where copies of the proposed amendment may be examined and the time and place of the hearing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Posting. Notice of the time and place of the public hearing shall be posted at least five days in advance of such hearing on the bulletin board of the Town Clerk located at the Town Hall. This notice should specify the general nature of the proposed amendment, in such reasonable detail as will give adequate notice of its contents, indicating the place or places where copies of the proposed amendment may be examined and the time and place of the hearing.
C. 
Notice to adjacent municipalities. Written notice of any proposed amendment affecting property lying within 500 feet of an adjacent Town or the Village of Millbrook shall be given to the Clerk of such municipality at least 10 days prior to the date of public hearing. Representatives of neighboring municipalities receiving notification of a proposed amendment shall have the right to appear and be heard at the public hearing thereon, but shall not have the right to review by a court.
The Town Board may adopt amendments to this Chapter 165, Zoning, by a majority vote of its membership, except in the case of local protest or disapproval by the County Department of Planning as noted below.
A. 
Local protest. The favorable vote of three-fourths (e.g., four) of the Town Board members shall be required for passage of any amendment which draws a written protest signed by 20% or more of the owners of land in any of the following areas:
(1) 
The land area included in the proposed amendment.
(2) 
The land area immediately adjacent to the area proposed to be changed and extending 100 feet therefrom.
(3) 
The land area directly opposite the area proposed to be changed and extending 100 feet from the street frontage of such opposite land.
B. 
County disapproval. A majority plus one vote shall be required to pass any amendment which receives a recommendation of disapproval from the County Department of Planning because of the referral process specified above, along with a resolution setting forth the reasons for such contrary action.
Unless the amendment provides for a different effective date, each amendment adopted by the Town Board shall take effect when filed with the Secretary of State of New York pursuant to Municipal Home Rule Law of the State of New York.