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.
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.
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.