The Town Board may, from time to time, on its own motion or on petition or on the recommendation of the Town Planning Board, after proper public notice and public hearing, amend, supplement or repeal the regulations, provisions or boundaries of this chapter.
In the case of a proposed amendment which involves the reclassification or transfer of any area from an R District to any C, M or Mixed Use District, the Town Board may require the petitioner to submit a development plan showing the extent, location and character of proposed uses and structures. The Town Board may require that such plan be modified to meet any objections raised at any public hearing thereon, or subsequent thereto, and may qualify its approval of any such amendment by attaching a special endorsement thereto. Within a period of six months from the approval of such a provisional amendment, no building permit or certificate of occupancy 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, or in accordance with the zoning regulations applicable prior to said reclassification action. Unless an 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. 
Petition for amendment.
(1) 
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, or any section thereof, 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. On and after the effective date of this chapter, any petition to amend, change or supplement this chapter shall be accompanied by a filing fee in an amount as established by the Town Board.
(2) 
Public hearings, official notice, recording. Unless otherwise provided, the provisions of § 265 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.
(3) 
As part of the rezoning application, the applicant shall allow the Town to erect a sign on the subject property indicating that the property has been petitioned for rezoning.
[Added 1-26-1998 by L.L. No. 1-1998]
B. 
Referral to Planning Board. Each proposed amendment, except those initiated by the Town Planning Board, shall be referred to the Town Planning Board for an advisory report prior to the public hearing held by the Town Board. In reporting, the Town Planning Board shall fully state its reasons for recommending or opposing the adoption of such proposed amendment and, if it shall recommend adoption, shall describe any changes in conditions which it believes make the amendment desirable and shall state whether such amendment is in harmony with a Comprehensive Plan for land use in the Town.
C. 
Rehearing on petition. 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 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 denial unless the Town Planning Board shall submit a recommendation, with reasons stated therefor, certifying that there have been substantial changes in the situation which would merit a rehearing by the Town Board.