A.
Amendments by Town Board. The Town Board from time to time on its own motion or on petition by taxpayers, or on recommendation of the Planning Board, after public notice and hearing as prescribed by Town Law, may amend, supplement, modify, or repeal in whole or in part this chapter or the boundary of any district established by this chapter. Zoning law and map changes must be referred to the Rensselaer County Bureau of Economic Development and Planning as required under § 239 m of the New York State General Municipal Law.
B.
Advisory report by Planning Board.
(1)
Any such proposed change in text or zoning district boundary shall first be referred to the Planning Board which shall submit a written report to the Town Board prior to the public hearing thereon by the Town Board. The Planning Board shall submit its advisory report in writing to the Town Board and shall favorably recommend adoption of an amendment or change in this chapter or in a district boundary only if:
(2)
The Planning Board shall submit to the Town Board its advisory report within 30 days after receiving notice from the Town Clerk of the proposed change. The failure to make such report within 30 days shall be deemed to be a favorable recommendation.
C.
Amendments by Planning Board. In accordance with § 278 of the Town Law,[1] the Planning Board is empowered to make reasonable changes in this chapter simultaneously with the approval of a subdivision plat. Such changes shall not create a greater average density of coverage of the land than is permitted in the district or each of the districts wherein the plat lies. Furthermore, such changes shall safeguard the appropriate use of adjoining land and protect the public welfare. Upon approval of such plat and filing with the County Clerk or Registrar, such changes shall amend and become part of this chapter, shall be similarly subject to change and subject to review by court in accordance with § 57-78 and the Town Law.
[1]
Editor's Note: Town Law § 278 was repealed and redesignated as § 279 by L. 1992, c. 727.
D.
Changes in zoning district boundaries. An amendment to this chapter involving a change in zoning district boundaries shall become effective only when such change has been duly adopted, drawn on the Official Zoning Map, and the proper entry recorded thereon in accordance with § 57-7.
E.
Effective date. An amendment or change in this chapter shall take effect upon filing as prescribed by law.