[Amended 10-22-2001 by L.L. No. 4-2001]
The Town Board may, from time to time, on its
own motion or in its sole discretion, upon receipt of a petition for
rezoning submitted by an applicant which the Town Board elects to
consider, or on the recommendation of the Town Planning Board which
the Town Board elects to consider, after proper public notice and
public hearing, amend, supplement or repeal the regulations, provisions
or boundaries of this chapter.
[Amended 10-22-2001 by L.L. No. 4-2001]
In the case of a proposed amendment, if the
Town Board, in its sole discretion, elects to consider such amendment,
the Town Board may require the petitioner to submit a development
plan showing the extent, location and character of the proposed structures
and uses. The Town Board may require that such plan be modified to
meet the objections raised at any public hearing thereon and may qualify
its approval of any such amendment by attaching a special endorsement
thereto. No building permit or certificate of zoning compliance shall
be issued for any property within the area described by said amendment,
except in accordance with the approved development plan and with all
conditions and limitations placed thereon by the Town Board. Unless
application for a building permit for such special development is
made within six months from the Town Board's approval and unless development
of the area included in such development plan is commenced within
a period of one year after the Town Board's approval, said approval
shall be void, and the zoning classification shall be as it was when
the petition for amendment was filed.
A.
Filing of petition. A petition to amend, change or
supplement the text of this chapter or any zoning district as designated
on the Zoning Map[1] established herein shall be filed with the Town Clerk
on forms obtained from his office and shall be transmitted by him
to the Town Board.
[1]
Editor's Note: The Zoning Map is on file in
the Town Clerk's office.
B.
Referral to Planning Board. Each proposed amendment
that the Town Board, in its sole discretion, elects to consider, except
those initiated by the Town Planning Board, may be referred to the
Town Planning Board for an advisory report prior to the public hearing
held by the Town Board.
[Amended 10-22-2001 by L.L. No. 4-2001]
C.
Public notice. Unless otherwise provided, the provisions
of § 265, as amended, of Article 16 of the Town Law, and
subsequent amendments thereto, pertaining to public hearings, official
notice and proper recording of zoning actions taken by the Town Board
shall apply to all amendments to this chapter.
D.
Protests. In case of a protest against any change
signed by owners of 20% or more of either the area of the land included
in such proposed change or of that immediately adjacent extending
100 feet therefrom or of that directly opposite thereto extending
100 feet from the street frontage of such opposite land, such amendment
shall not become effective except by the favorable vote of at least
four members of the Town Board.
E.
Rehearings. The disposition of a petition for amendment
by the Town Board shall be final, and disapproval or denial of the
proposed amendment shall void the petition. No new petition for an
amendment which has been previously denied by the Town Board shall
be considered by it, except for a vote to table or to receive and
file, and no public hearing shall be held on such amendment within
a period of one year from the date of such previous denial, unless
the Town Planning Board shall submit a recommendation, with reason
stated therefor, certifying that there have been substantial changes
in the situation which would merit a rehearing by the Town Board.
