The Town Board may from time to time, on its
own motion or on petition or on recommendation of the Planning Board,
amend, supplement or repeal the regulations and provisions of this
chapter after public notice and hearing.
Every such proposed amendment or change, whether
initiated by the Town Board or by petition, shall be referred to the
Planning Board for report thereon before the public hearing hereinafter
provided for. If the Planning Board shall fail to file such a report,
it shall be presumed that the Planning Board has approved the proposed
amendment, supplement or change.
The Town Board, by resolution, shall fix the
time and place of the public hearing on the proposed amendments and
cause notice to be given as follows:
A. Public notice. By publishing a notice at least 10
days in advance of such hearing in at least one newspaper of general
circulation in the Town of Fort Edward. Such notice shall state the
date, time and place of such hearing, the general nature of the proposed
amendment in such reasonable detail as will give adequate notice of
its contents and shall name the place or places where copies of the
proposed amendment may be examined.
B. Personal notice.
(1) By mailing a copy of such notice to every association
of residents of the Town which shall have registered its name and
address for this purpose with the Town Clerk.
(2) A written notice of any proposed change or amendment
affecting property within 500 feet of the boundaries of any state
park or parkway shall be given to the regional State Park Commission
having jurisdiction over such state park or parkway at least 10 days
prior to the date of such public hearing.
(3) A written notice of any proposed change or amendment
affecting property within 500 feet of the boundaries of any city,
village, Town or county shall be given to the Clerk of such municipality
and to the Clerk of the Board of Supervisors at least 10 days prior
to the date of such hearing.
C. Opportunity to be heard at hearing. At the public
hearing, full opportunity to be heard shall be given to any citizen
and all parties in interest.
[Amended 6-27-1988 by L.L. No. 3-1988]
In case of an adverse recommendation against
any proposed amendment by the Planning Board or in case of a protest
signed by the owners of 20% or more of the assessed valuation of the
land included in such proposed change, the land immediately adjacent
extending 100 feet therefrom or the land directly opposite thereto
extending 100 feet from the street, road or highway frontage of such
opposite land, such amendment shall not become effective except by
a favorable vote of at least four members of the Town Board.
In the interpretation and the application of
the provisions of this chapter, they shall be held to be the minimum
requirements for the promotion of the health, safety, morals and general
welfare. It is not intended to interfere with or abrogate or annul
other rules, regulations or ordinances, provided that where this chapter
imposes greater restrictions upon the use of buildings or premises
or upon the height or bulk of a building or requires larger open spaces,
the provisions of this chapter shall apply.