A.
Initiation. The Town Board, from time to time, may amend the provisions
of this chapter, including the Official Zoning Map, by local law as
provided in this article upon its own motion or petition by one or
more property owners, or by resolution of the Planning Board or Zoning
Board of Appeals that requests a specific amendment of this chapter.
A property owner may apply for amendment to this chapter by filing
seven complete sets of an application with the Town Clerk. The application
shall include a petition requesting the Town Board to amend a particular
provision or provisions of this chapter and/or the Zoning Map, a description
of requested amendment, identification and description of the property
or properties affected, a map showing the property or properties affected
and all properties within a radius of 500 feet of the exterior boundaries
thereof and the applicable filing fee. In the case of a requested
amendment that does not apply to an amendment of the Zoning Map or
otherwise affecting specific properties, no properties need be identified
as affected.
B.
Referral by planning agencies. 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 Board or agencies as required by § 84-56C and D of this article and by the laws of New York State.
C.
Referral to Planning Board. The Town Board shall refer each requested
amendment, no matter how initiated, to the Planning Board for a recommendation.
No action shall be taken on the requested amendment referred to the
Planning Board until its recommendation has been received by the Town
Board, or 30 days have elapsed after such referral has been made,
unless the Planning Board and Town Board agree to an extension beyond
the thirty-day requirement for the Planning Board's review and
recommendation. The Town Board shall consider the Planning Board's
recommendation but need not follow it.
D.
Referral to County Planning Board.
(1)
§ 239-m Any proposed amendment affecting real property
within 500 feet of the boundary of the Town of Johnstown, the boundary
of any existing or proposed County or State park or other recreational
area, the right-of-way of any existing or proposed County or State
roadway, the boundary of any existing or proposed right-of-way for
a stream or drainage channel owned by the County 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 Fulton County Planning
Board before final action is taken pursuant to section 239-m of the
General Municipal Law.
(2)
County Planning Review. No action shall be taken on proposals referred
to the County Planning Department until its recommendation has been
received, or 30 days have elapsed after its receipt of the full statement
of the proposed amendment, unless the County Planning Department and
the Town Board agree to an extension beyond the thirty-day requirement
for the County Planning Department's review.
(3)
Required votes. If the County Planning Board recommends modification
or disapproval of a proposed action, the referring body shall not
act contrary to such recommendation except by a vote of a majority
plus one of all the members thereof.
E.
SEQRA compliance. A proposed amendment to this chapter shall constitute
a Type I action under SEQRA. Upon receipt of the petition and application
materials that the Town Board deems complete (or upon the formal introduction
of a proposed amendment made upon the Town Board's own initiative),
the Town Board shall initiate the SEQRA process. The SEQRA process
shall be initiated by either circulating the application and full
Environmental Assessment Form ("EAF") to all involved agencies, if
any, or by issuing its determination of significance within 20 days
of its formal introduction of a proposed amendment made upon the Town
Board's own initiative or within 20 days of its acceptance of
a completed petition and application, EAF and other supporting materials.
Where the proposed action may have a significant effect on the environment,
the Town Board shall issue a positive declaration and require the
submission of a Draft Environmental Impact Statement (DEIS). No time
periods for decision making on any proposed amendment shall begin
to run until either acceptance of a DEIS as satisfactory pursuant
to New York State Department of Environmental Conservation Regulations
or the issuance of a negative declaration.
F.
Public hearing and notice. No proposed amendment shall become effective
until after a public hearing thereon, at which the public shall have
an opportunity to be heard on the proposed amendment. The Town Board
shall set, by resolution at a duly called meeting, the time and place
for a public hearing on proposed amendments, and shall cause public
notice to be published, posted and circulated as set forth below.
If a proposed amendment is initiated by petition, the petitioner shall
be responsible for the costs of publication and circulation of notice.
(1)
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 the official newspaper. This notice shall provide
a summary 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.
(2)
Notice to adjacent municipalities. Written notice of any proposed
amendment affecting property lying within 500 feet of an adjacent
Town shall be served in person or by mail upon 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.
(3)
Notice to adjacent property owners. Where a proposed amendment involves
a rezoning of a particular parcel or parcels of property, written
notice of any proposed amendment affecting such property shall be
mailed to the owners of parcels of property adjacent to the property
that is subject of the proposed rezoning.
(4)
Other notices. Written notice of any proposed amendment affecting
property lying within 500 feet of the following shall be served personally
or by mail to each person or entity listed below:
(a)
The property of a housing authority, erecting or owning a housing
project authorized under the Public Housing Law, upon the executive
director of such housing authority and the chief executive officer
of the municipality providing financial assistance thereto.
(b)
The boundary of the county, upon the Clerk of the Board of Supervisors
or other person performing like duties.
(c)
The boundary of a state park or parkway, upon the Regional State
Park Commission having jurisdiction over such state park or parkway.
G.
Adoption. The Town Board may adopt, by local law, amendments to this
chapter by a majority vote of its membership, except in the case of
local protest or disapproval by the County Planning Department as
noted below.
H.
Local protest. The favorable vote of three-fourths (i.e., four) of
the Town Board members shall be required for passage of any amendment
which is subject to a written protest signed and acknowledged 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 land area subject to the
proposed amendment to be changed and extending 100 feet from the land
area that is subject to the amendment.
(3)
The land area directly opposite the area proposed to be changed and
extending 100 feet from the road frontage of such opposite land.
I.
Consideration of Town Master Plan. The Town Board, in deliberating
on whether to adopt a proposed amendment to this chapter, including
but not limited to a proposed rezoning of a parcel or parcels of property
or any modification to the Zoning Map, shall consider the proposed
amendment in relation to the Master Plan and shall adopt the proposed
amendment only if it is consistent and in accordance with the Master
Plan.
J.
Effective date. 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 the State of New York pursuant
to the Municipal Home Rule Law of the State of New York.
K.
Right to complete project inconsistent with amendment. Where a project
for which a permit or approval has been lawfully issued would be rendered
nonconforming by an amendment of this chapter, such project shall
have the right to be completed and to be awarded a certificate of
compliance pursuant to the provisions in effect when the zoning permit
or approval was issued only if, in the case of a project primarily
involving a building, the foundation has been completed prior to the
effective date of the amendment, and, in the case of a project not
primarily involving a building, a substantial amount of construction
has been completed prior to the effective date of the amendment.
L.
Intent to supersede certain provisions of state law. To the extent
that any of the provisions of this article conflict with any provision
of the laws of New York State, the Town Board intends to, and does
supersede such provisions of State law pursuant to the home rule powers
provided by the Municipal Home Rule Law. Such provisions include but
are not limited to the following:
