A.Â
This chapter, or any part thereof, may be amended,
supplemented or repealed, from time to time, by the Town Board, pursuant
to statute, on its own motion or upon recommendation by the Planning
Board. Every proposed amendment shall be referred by the Town Board
to the Planning Board for a report, which shall be rendered within
45 days of such referral. Failure by the Planning Board to render
such report within the time specified shall be considered to be tantamount
to a recommendation for approval. Nothing herein shall be construed
to prevent the Town Board from acting on a proposed amendment prior
to receipt of the Planning Board's recommendation as specified in
this article; provided, however, that the proposed amendment shall
be adopted by a super-majority vote (majority plus one) of the full
Town Board membership.
In preparing a report on a proposed amendment,
the Planning Board shall make inquiry and determination concerning
the items specified below:
A.Â
Concerning a proposed amendment to or change in the
text of this chapter:
(1)Â
Whether such change is consistent with the aims and
principles embodied in this chapter as to the particular districts
concerned.
(2)Â
Which areas, land uses, buildings and establishments
in the Town will be directly affected by such change and in what way
they will be affected.
(3)Â
The indirect implications of such change in its effect
on other regulations.
B.Â
Concerning a proposed amendment involving a change
in the Zoning Map:
(1)Â
Whether the uses permitted by the proposed change
would be appropriate in the affected area.
(2)Â
Whether adequate school and other public facilities
and services, including roads, exist or can be reasonably expected
to be created, to serve the needs of any additional dwellings or other
uses likely to be constructed as a result of such change.
(3)Â
Whether the proposed change is in accord with any
existing or proposed plans.
C.Â
Each petition for a zoning amendment shall be accompanied
by such fee as may be established from time to time by the Town Board.[1] No fee shall be required for petitions filed in favor
of or against any application. Each petition shall be signed and shall
cite the existing text and/or zoning district. A proposed change in
district boundaries shall also be accompanied by a map, accurately
drawn to an appropriate scale, showing the land area included in the
proposed change, the streets in the immediate vicinity and the land
or lands immediately adjacent to and extending within 500 feet of
all boundaries of said property with the names of the owner or owners
thereof.
D.Â
Should any proposed amendment consist of or include
any change in the boundaries of any district within a distance of
500 feet of the boundary of any Town or any change in the regulations
prescribed for such district, the Town Clerk shall transmit to the
Clerk of the municipality affected a copy of the official notice of
the public hearing not later than 10 days prior to the date of the
hearing. A copy of such notice of any proposed change affecting property
within 500 feet of the boundary of any state park or parkway shall
be given to the regional state park commission having jurisdiction
not later than 10 days prior to such hearing.
E.Â
In case of a protest against any proposed amendment
signed by the owners of 20% or more of the area of land included in
such proposed change or of that area immediately adjacent extending
100 feet therefrom or of that area directly opposite thereto and extending
100 feet from the street frontage of such opposite land, such amendment
shall not become effective except by the favorable vote of at least
3/4 of the members of the Town Board.
F.Â
In addition to the notice as required by law, the
Town Board shall cause a notice of any proposed amendment to be mailed
to every association of residents which shall have registered its
name and address for this purpose with the Town Clerk.
G.Â
The Town Board shall give due notice and shall hold
a public hearing on every duly filed petition for amendment of the
Zoning Ordinance or Map.
