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
amendment of the regulations or districts herein established shall
be filed in writing in a form required by the Town Board.
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 45 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
in accordance with state and federal laws.
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 the 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 four
members of the Town Board, provided that the percent of such vote
is not contrary to or in conflict with state law.
Every amendment to this chapter, including any
map incorporated therein, adopted in accordance with the Town Law
shall be entered in the minutes of the Town Board and a copy thereof,
exclusive of any map incorporated therein, shall be published once
in the official newspaper of the Town of Hurley and a copy of such
amendment, together with a copy of any map incorporated therein, shall
be posted on a sign board maintained by the Town Clerk pursuant to
Subdivision 6 of § 30 of the Town Law. Affidavits of the
publication and posting thereof shall be filed with the Town Clerk.