This chapter or any part thereof may be amended,
supplemented or repealed from time to time by the Town Board, on its
own motion or upon recommendation by the Planning Board or by petition.
Prior to a public hearing, every such proposed amendment shall be
referred by the Town Board to the Town Planning Board for a report,
unless the proposed amendment was initiated by the Town Planning Board.
The Town Board shall not take action on any such amendment without
such report from the Town Planning Board unless the Planning Board
fails for any reason to render such report within 60 days following
the date of the first regular Planning Board meeting following such
referral.
Petitions to amend this chapter shall be in
writing and shall contain a description of the property affected,
together with such other information as the Town Board shall require.
Such petitions shall include the names and addresses of all owners
of real property within 500 feet of the property affected or any other
contiguous property of a petitioner in the same ownership. All petitions
for amendment of this chapter, excepting those submitted by the Planning
Board or on motion of the Town Board, shall be accompanied by a fee
in accordance with the Standard Schedule of Fees of the Town.[1]
[1]
Editor's Note: The Standard Schedule of Fees
is on file in the Town offices.
The Town Board shall fix the time and place
of a public hearing on the proposed amendment and cause notice thereof
to be given as provided by law.
If any proposed amendment consists of or includes
either of the following conditions, the Town Clerk shall transmit
to the appropriate municipal office or official a copy of the official
notice of the hearing not later than 10 days prior to the date of
hearing:
A.
Any change in the boundaries of any district, which
change would occur within a distance of 500 feet of the boundary of
any Village or Town or a state or County road.
B.
Any change in the regulations prescribed for any district,
any portion of which is located within 500 feet of the boundary of
any Village or Town or a state or County road.
If any proposed amendment consists of or includes
any of the following conditions, the Town Clerk shall, prior to final
action, refer the proposed amendment to the Orange County Department
of Planning.
A.
Any change in the district classification of or the
requirements applying to real property within 500 feet of:
(1)
The boundary of any Village or Town.
(2)
The boundary of any state or County park or other
recreation area.
(3)
The right-of-way of any state parkway, thruway, road
or other controlled access highway or County road or parkway.
(4)
The right-of-way of any stream or drainage channel
owned by the County or for which the County has established channel
lines.
(5)
The boundary of any County- or state-owned land on
which a public building or institution is located.
In the case of a protest against any amendment,
such amendment shall not become effective except in accordance with
the appropriate provisions of the Town Law.
