This chapter, or any part thereof, including
both the text and the Zoning District Map indicating the various district
boundaries, may from time to time be amended, supplemented, changed,
modified or repealed by the Town Board in the manner prescribed by
§ 265 of the Town Law.
An amendment to this chapter may be initiated
in any of the following four ways:
A.
By the Town Board upon its own motion.
B.
By resolution of the Planning Board, filed with the Town Clerk, wherein certain changes to, or repeal of certain provisions of, this chapter are recommended, in which case it shall be the responsibility of the Planning Board to provide as part of its recommendation the report described in below § 210-90 and the responsibility of the Town Board to initiate consideration of such proposed amendment within 90 calendar days of the time such resolution is filed by the Planning Board in the office of the Town Clerk.
C.
By petition duly signed and acknowledged from the
owners of 50% or more of either the frontage or the acreage in any
zoning district requesting a specific amendment, supplement, change
or modification in the regulations prescribed by this chapter for
such district, in which case it shall be the duty of the Town Board
to initiate consideration of such petition or amendment within 90
calendar days of the time such petition is filed in the office of
the Town Clerk. The filing of said petition shall be accompanied by
the applicable fee in accordance with the fee schedule established
and annually reviewed by the Town Board and by the necessary supporting
information indicated on a checklist available from the office of
the Town Clerk.
D.
By petition signed and acknowledged by one or more
other property owners requesting a specific amendment, supplement,
change or modification in any of the regulations prescribed by this
chapter. The filing of said petition shall be accompanied by the applicable
fee in accordance with the fee schedule established and annually reviewed
by the Town Board and by necessary supporting information indicated
on a checklist available from the office of the Town Clerk.
A.
All proposed amendments, supplements, changes or modifications
introduced by the Town Board and originating by either petition or
by motion of the Town Board shall be referred to Planning Board for
a period of not less than 45 calendar days for a report and recommendation
thereon.
B.
In undertaking such review, the Planning Board shall
make inquiry and provide recommendation concerning the matters specified
below:
(1)
Whether such change is consistent with the purposes
embodied in this chapter as applied to the particular zoning districts
concerned.
(2)
Which areas and establishments in the Town will be
directly affected by such change and in what way will they be affected.
(3)
Whether adequate public services and facilities and
other supporting infrastructure exist or can be created to serve the
needs of any additional development that may occur as a result of
such change.
(4)
The indirect implications of such change in its effect
on other regulations.
(5)
Whether such proposed amendment is consistent with
the underlying objectives of this chapter, including but not limited
to whether such proposed amendment is consistent with the Town of
Union Vale Master Plan (2001) and Dutchess County land use policies
as set forth in Directions (1987) and/or Greenway Connections (2000).
C.
If the Planning Board fails to report its recommendation
within 45 calendar days or such longer period as may be specified
by the Town Board, the Town Board may act without such report and
the Planning Board's failure to report shall be deemed a recommendation
of approval of the proposed amendment.
A.
Public notice and hearing. The Town Board by resolution
adopted at a stated meeting shall fix the time and place of a public
hearing on any proposed amendment introduced by the Board in the form
of a proposed local law and cause notice thereof to be given as follows:
(1)
By publishing a notice at least 10 calendar days prior
to the time of such hearing in the official newspaper of the Town,
specifying the following information:
(2)
By providing a copy of such notice of any proposed
change or amendment affecting property within 500 feet of any other
municipality to the Clerk of such other municipality or municipalities
at least 10 calendar days prior to the date of such public hearing.
(3)
Zoning District Map amendments.
(a)
In the case of a proposed Zoning District Map
amendment:
[1]
By providing a copy of such notice be certified
mail, return receipt requested, to both the owners of property directly
affected by the proposed Zoning District Map amendment and those owners
of property which either abuts or lies within 300 feet of lands affected
by the proposed amendment, as such names appear on the last completed
tax roll of the Town; and
[2]
By causing each parcel affected by the Zoning
District Map amendment to be conspicuously posted on each road frontage
with a sign at least 10 days prior to the date of public hearing.
(b)
The Town Clerk or other designated Town employee
shall certify compliance with this extraordinary notification procedure.
Where applicable, the Town shall charge the petitioner either a flat
rate or a stated amount per notice and/or sign for satisfying this
requirement.
B.
Required referral. The Town Board shall transmit a
full statement of any proposed amendment, whether a zoning text amendment
or a Zoning District Map amendment, that meets the referral requirements
of §§ 239-l and 239-m of the General Municipal Law
to the Dutchess County Department of Planning for its review and recommendation.
The Town Board shall not take action on such proposed amendment until
a recommendation has been received from the County Planning Department
of 30 calendar days have elapsed since the Department received such
full statement.
C.
Compliance with SEQRA.
(1)
Proposed zoning text and Zoning District Map amendments
are both actions subject to the provisions of the New York State Environmental
Quality Review Act. Any action to initiate an amendment to this chapter
shall be specifically accompanied by either a Short or Full Environmental
Assessment Form (EAF) as deemed appropriate by the Town Board pursuant
to SEQRA, Article 8 on the Environmental Conservation Law and Title
6 Part 617 NYCRR.
(2)
During its initial review of any proposed amendment,
the Town Board shall further classify the same under SEQRA as either
an unlisted or Type I action and determine whether the Town Board
or another involved agency should serve as lead agency for environmental
quality review thereof. Prior to either the close of the public hearing
or any action on the proposed amendment, the Town Board or other lead
agency shall have concluded the SEQR process through either the issuance
of a Negative Declaration or the acceptance of a Final Environmental
Impact Statement and issuance of related Findings.
D.
Town Board action.
(1)
The Town Board may approve any such proposed amendment
by majority vote of said Board, except that a favorable vote of at
least four members of the Town Board, i.e., a majority plus one, shall
be required if either of the following circumstances is present:
(a)
Action being taken is contrary to the advisory
recommendation received from the Dutchess County Department of Planning
under the provisions of §§ 239-l and 239-m of the General
Municipal Law; or
(b)
In accordance with the provisions of § 265
of the Town Law, a protest petition against such amendment has been
duly signed and acknowledged by the owners of at least 20% of the
land area included in such proposed change or of that immediately
adjacent extending 100 feet therefrom or directly opposite thereto,
extending 100 feet from the street frontage of the opposite land.
(2)
If the action is contrary to the advisory recommendation
of the Dutchess County Department of Planning, a report on the action
shall be filed within seven calendar days thereof with said Department.
E.
Filing requirement. Any amendment approved by either
majority vote, or majority plus one vote as may be pertinent, of the
Town Board shall become effective immediately upon its filing in the
office of the Secretary of State of the State of New York, in accordance
with the applicable provisions of law, specifically § 27
of the Municipal Home Rule Law. The Town Board resolution adopting
the amendment shall be entered into the minutes of the Town Board
and, in the case of a Zoning District Map amendment, the amendment
graphically depicted in the Zoning District Map filed in the Town
Clerk's Office.
Reasonable costs incurred by the Town Board for professional consultation fees or other extraordinary expense in connection with the review of a petition for a zoning text or Zoning District Map amendment shall be charged to the petitioner. Such reimbursable costs shall be in addition to the required fee set forth in § 210-82 of this article. Maximum amounts for such reimbursable costs shall be in accordance with the fee schedule established and annually reviewed by the Town Board. Said fee schedule shall include the requirement that an escrow account be established upon the Town Board's receipt of the petition to cover the anticipated costs of such consultant review and other expenses.
