This chapter or any part thereof may be amended, supplemented or repealed from time to time by the Town Board, on its own motion or upon recommendation by the Planning Board or by petition. Prior to a public hearing, every such proposed amendment shall be referred by the Town Board to the Town Planning Board for a report, unless the proposed amendment was initiated by the Town Planning Board. The Town Board shall not take action on any such amendment without such report from the Town Planning Board unless the Planning Board fails for any reason to render such report within 60 days following the date of such referral.
Petitions to amend this chapter shall be in writing and shall contain a description of the property affected, together with such other information as the Town Board shall require. Such petitions shall include the names and addresses of all owners of real property within 500 feet of the property affected or any other contiguous property of a petitioner in the same ownership. All petitions for amendment of this chapter, excepting those submitted by the Planning Board or on motion of the Town Board, shall be accompanied by a fee in accordance with the Standard Schedule of Fees of the Town.[1]
[1]
Editor's Note: The Standard Schedule of Fees is on file in the office of the Town Clerk.
[Amended 1-20-1998 by L.L. No. 2-1998]
The Town Board shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof as provided by law, in addition thereto, where an amendment is proposed for adoption pursuant to Town Law § 265. Notice of hearing shall be sent by certified mail, return receipt requested, to all property owners within a distance of 250 feet of the boundaries of the property. The preparation and cost of the publication and mailing of any notice required for such hearing shall be at the cost and expense of the applicant.
If any proposed amendment consists of or includes either of the following conditions, the Town Clerk shall transmit to the appropriate municipal office or official a copy of the official notice of the hearing not later than 10 days prior to the date of hearing:
A. 
Any change in the boundaries of any district, which change would occur within a distance of 500 feet of the boundary of any Village or Town or a state or County road.
B. 
Any change in the regulations prescribed for any district, any portion of which is located within 500 feet of the boundary of any Village or Town or a state or County road.
If any proposed amendment consists of or includes any of the following conditions, the Town Clerk shall, prior to final action, refer the proposed amendment to the Westchester County Planning Board:
A. 
Any change in the district classification of or the requirements applying to real property abutting:
(1) 
The boundary of any Village or Town.
(2) 
The boundary of any state or County park or other recreation area.
(3) 
The right-of-way of any state parkway, thruway, road or other controlled access highway or County road or parkway.
(4) 
The right-of-way of any stream or drainage channel owned by the County or for which the County has established channel lines.
(5) 
The boundary of any County- or state-owned land on which a public building or institution is located.
ln 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.