An owner, contract purchaser or the Town Board
may initiate proposals for amendment of this chapter. The Town Board,
in its unlimited discretion, may decline to hear any such application
for amendment. All such proposals which the Town Board determines
it shall consider shall be referred to the Planning Board for its
review and recommendation prior to any determination by the Town Board.
A public hearing shall be held upon at least
10 days' notice to be published in accordance with Article 16 of the
Town Law. If the Town Board initiates the action, a written notice
of the proposed action shall be served by mail at least 10 days prior
to the date of the public hearing upon any owners of property for
which it is proposed to change the zoning classification, in addition
to those other parties required to be noticed pursuant to Article
16 of the Town Law.
A.Â
Every application for amendment to this chapter originated
by any party other than the Town Board shall contain at least the
following information, as well as any additional information requested
by the Town Board:
(1)Â
The application shall be typewritten or printed clearly
and sworn to by the applicant or his authorized agent and shall include
the post office address of the applicant.
(2)Â
It shall state the reason why such regulations, restrictions,
or boundaries should be amended, supplemented, changed or repealed.
(3)Â
It shall set out, if applicable, any alleged error
in this chapter which would be corrected by the proposed amendment,
with a detailed explanation of such error in the chapter and detailed
reasons how the proposed amendment will correct such error.
(4)Â
It shall set out the changed or changing conditions,
if any, in a particular area or the Town generally which make the
proposed amendment reasonably necessary to the promotion of the public
health, safety and welfare.
(5)Â
It shall set out the manner in which the proposed
amendment will carry out the intent and purpose of and provide conformance
with the Comprehensive Plan.
(6)Â
It shall set out all other circumstances, factors
and reasons which the applicant offers in support of the proposed
amendment.
(7)Â
It shall indicate the status of any proceedings required
under New York State Environmental Quality Review Act (SEQRA).
(8)Â
It shall have attached a drawing or blueprint of the
subdivision in which the land is located or, if unplatted land, the
streets, highways, roads, alleys and public places surround the land.
(9)Â
A description of the proposed map change or a summary
of the specific objective of any proposed change in the text of this
chapter.
(10)Â
A conceptual site plan, survey and legal description.
B.Â
Fees. Each petition for a change of zoning regulations
or districts shall be accompanied by a fee in an amount determined
from time to time by resolution of the Town Board to defray the various
costs and expenses of such amendment proceedings, and no petition
shall be accepted without prepayment of such fee.
