This chapter, or any part thereof, may be amended,
supplemented or repealed from time to time by the Town Board on its
own motion, on petition or upon recommendation by the Planning Board
as provided in § 274 of the Town Law of the State of New
York,[1] in the manner as provided by § 265 of the Town
Law of the State of New York.
A.
Every such proposed amendment shall be referred by
the Town Board to the Planning Board for a report. Unless the Planning
Board fails to render such report within 60 days after its next regularly
scheduled meeting following the date of such referral, the Town Board
shall not take action on any such amendment without recommendation
from the Planning Board. If such report is received by the Town Board,
it shall become an official part of the minutes of the mandatory public
hearing held by the Town Board.
[Amended 7-22-2004 by L.L. No. 5-2004]
(1)
Within 30 days after such referral by the Town Board, the Planning
Board shall hold a public informational hearing on the matter.
[Amended 12-12-2013 by Ord. No. 4-2013]
(a)
Applicants seeking a change in the zoning classification of
any property within the Town shall publish a notice of the time and
place of the public informational hearing in a newspaper of general
circulation at least 10 days before such hearing and shall notify
all adjoining landowners within the greater required notification
distance of the existing or proposed zone of the property by certified
mail, return receipt requested, at least 10 days prior to the public
informational hearing.
(2)
Within 30 days after the public informational hearing,
the Planning Board shall render its advisory opinion to the Town Board.
In rendering such an opinion on the proposed amendment, the Planning
Board shall make an inquiry and determination concerning the items
specified below:
(a)
Text. Concerning a proposed amendment to or
change in the text of this chapter:
[1]
Whether such change is consistent with the aims
and principles embodied in this chapter to the particular districts
concerned.
[2]
Which areas and establishments in the Town will
be directly affected by such change and in what way they will be affected.
[3]
The indirect effect of such change on other
regulations.
[4]
Whether such proposed amendment is consistent
with the aims of the Town of Wallkill Master Plan.
(b)
Map. Concerning a proposed amendment involving
a change in the Zoning Map:
[1]
Whether the uses permitted by the proposed change
would be appropriate in the area concerned.
[2]
Whether adequate public school facilities and
other public services exist or can be created to serve the needs of
any additional residences likely to be constructed as a result of
such change.
[3]
Whether the proposed change is in accord with
any existing or proposed plans in the vicinity.
[4]
The effect of the proposed amendment upon the
growth of the Town as envisioned by the Town's Master Plan.
[5]
Whether the proposed amendment is likely to
result in an increase or decrease in the total zoned residential capacity
of the Town and the probable effect thereof.
B.
Public hearing. By resolution adopted at a stated
meeting, the Town Board shall fix the time and place of the public
hearing on the proposed amendment and cause notice to be given in
accordance with the provisions of §§ 264 and 265 of
the Town Law of the State of New York.
(1)
Where the land involved in any proposed amendment
(whether it be text or map) is located within 500 feet of any municipal
boundary, boundary of any existing or proposed county or state park
or other recreation area, or from the right-of-way of any existing
or proposed county or state parkway, thruway, expressway, road or
highway, or the existing or proposed right-of-way of any stream or
drainage channel owned by the county or from which the county has
established channel lines, or from the existing or proposed boundary
of any county- or state-owned land, such application, accompanied
by the notice of the public hearing, shall be forwarded to the Orange
County Planning Department for review at least 10 days prior to the
date of the public hearing in accordance with the provisions of §§ 239-l
and 239-m, Article 12-B, of the General Municipal Law of the State
of New York.
(2)
Should any proposed amendment involve any area within
500 feet of the boundary of any other municipality, a copy of the
notice of public hearing shall be transmitted to the Clerk of such
other municipality at least 10 days prior to the public hearing.
C.
Decisions.
(1)
In all cases where the Town Board shall approve an
amendment, the Town Board shall find that, for reasons fully set forth
in the findings, such amendment is in conformity with the Master Plan
of the Town of Wallkill.
(2)
In the case of a protest against any amendment, such
amendment shall not become effective except in accordance with the
provisions of § 265 of the Town Law of the State of New
York.
[1]
Editor's Note: Section 274 of the Town Law
was repealed by L. 1992, c. 663, § 1. For current provisions,
see § 271 of the Town Law.
