A.
This chapter, or any part thereof, may be amended, supplemented,
or repealed from time to time by the Town Board on its own motion
or upon recommendation by the Planning Board. Prior to public hearing,
every such proposed amendment shall be referred by the Town Board
to the Planning Board for a report. The Town Board shall not take
action on any such amendment without such report from the Planning
Board unless the Planning Board fails for any reason to render such
report within 62 days after its next regularly scheduled meeting following
the date of such referral.
B.
Report of the Planning Board. In making such report on a proposed
amendment, the Planning Board shall make inquiry and determination
concerning the items specified below:
(1)
Concerning a proposed amendment to or change in text of this chapter:
(a)
Whether such change is consistent with the aims and principles
embodied in the laws as to the particular districts concerned.
(b)
Which areas, land uses, buildings, and establishments in the
Town will directly be affected by such change and in what way they
will be affected.
(c)
The indirect implications of such change in its effect on other
regulations.
(2)
Concerning a proposed amendment involving a change in the Zoning
Map:
(a)
Whether the uses are permitted by the proposed Article 16 of
the Town Law.
(b)
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 change.
(c)
Whether the proposed change is in accord with any existing or
proposed plans in the Town.
(d)
The effect of the proposed amendment upon the growth of the
Town.
(e)
Whether the proposed amendment is likely to result in an increase
or decrease in the total zoned residential capacity of the Town and
the probable effect thereof.
C.
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 Town, county or state
park or parkway, the Town Clerk shall transmit to the designated office
or official a copy of the official notice of the public hearing not
later than 10 days prior to the date of the hearing. The designated
official for the county shall be the Clerk of the County Legislature.
In villages and towns, the designated official shall be the clerk
of the municipality. The designated official for state parks and parkways
is the Regional State Park Commissioner.
D.
Should any proposed amendment consist of or include any of the following
conditions, the Town Clerk shall, prior to final action, refer the
proposed amendment to the Sullivan County Planning Department in accordance
with §§ 239-1 and 239-m of Article 12-B of the General
Municipal Law.
(1)
Any change in the district classification of or the regulations applying
to real property lying within a distance of 500 feet from:
(a)
The boundary of any village or Town.
(b)
The boundary of any existing or proposed county or state park
or other recreational areas.
(c)
The right-of-way of any existing or proposed county or state
parkway, thruway, expressway, road or highway.
(d)
The right-of-way of any existing or proposed stream or drainage
channel owned by the county or for which the county has established
channel lines.
(e)
The boundary of any existing or proposed county- or state-owned
land on which a public building or institution is situated.
E.
In the case of protest against any amendment, such amendment shall
not become effective except in accordance with the provisions of the
Town Law.
