The Town Board may, from time to time, on its own motion, or on petition, or on recommendation from the Planning Board, amend the regulations and districts established under this chapter after public notice and hearing in each case. All petitions for any amendments of the regulations or districts herein established shall be filed in writing in a form required by the Town Board, and shall be accompanied by a certified check in an amount as set from time to time by the Town Board to help defray the cost of advertising the hearing on said petition and incidental disbursements.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Every proposed amendment, unless initiated by the Planning Board, shall be referred to the Planning Board. The Planning Board shall report its recommendations thereon to the Town Board, accompanied by a full statement of the reasons for such recommendations, prior to the public hearing. If the Planning Board fails to report within a period of 62 days from the date of receipt of notice or such longer time as may have been agreed upon by it and the Town Board, the Town Board may act without such report.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Town Board, by resolution, shall fix the time and place of the public hearing and cause notice to be given as follows:
A. 
By publishing a notice of the proposed amendment and the time and place of the public hearing in a newspaper of general circulation in the Town not less than 10 days prior to the date of the public hearing.
B. 
By giving written notice of hearing to any required municipal, county, regional, metropolitan, state, or federal agency in the manner prescribed by law.
If a protest against the proposed amendment is presented to the Town Board, duly signed and acknowledged by the owners of 20% or more of the area of land included in such proposed amendment, or by the owners of 20% or more of the area of land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the area of land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not be passed except by the favorable vote of at least 3/4 of the members of the Town Board.
[Amended 3-21-2006 by L.L. No. 1-2006]
The Planning Board, in accordance with Town Law § 278, may, simultaneously with the approval of any plat, make any reasonable change to the regulations established under this chapter with respect to the land so platted. Before the Planning Board shall make any such change, there shall be a public hearing preceded by the same notice as in the case of the approval of the plat itself. Once the plat has been filed in the office of the County Clerk, such changes shall be and become part of the regulations of this chapter, shall take the place of any regulations established herein by the Town Board, shall be enforced in the same manner, and shall be similarly subject to amendment.
Every amendment to this chapter, including any map incorporated therein, shall be adopted in accordance with the Municipal Home Rule Law, and entered in the minutes of the Town Board. A certified copy of each amendment, together with a copy of any map incorporated therein, shall be posted on a sign board maintained by the Town Clerk and filed with the Secretary of State, in accordance with § 27 of the Municipal Home Rule Law. Upon such filing, a notice of each amendment, exclusive of any map incorporated therein, shall be published once in the official newspaper of the Town of Marbletown with a brief summary of its provisions. The notice need not contain the full text of such amendment, but shall indicate the date of filing with the Secretary of State and that the full text thereof, including any map incorporated therein, may be examined in the office of the Secretary of State and the office of the Town Clerk. Affidavits establishing the publication, posting, notice and filing thereof shall be maintained by the Town Clerk.