The Town Board may, from time to time, on its own motion, or on petition, or on recommendation from the Planning Board, amend the regulations and districts established under this chapter after public notice and hearing in each case. All petitions for any amendment of the regulations or districts herein established shall be filed in writing in a form required by the Town Board and shall be accompanied by a certified check in an amount in accordance with the schedule of fees promulgated from time to time by the Town Board to help defray the cost of advertising the hearing on said petition and incidental disbursements.
Every proposed amendment, unless initiated by the Planning Board, shall be referred to the Planning Board. The Planning Board shall report its recommendations thereon to the Town Board, accompanied by a full statement of the reasons for such recommendations, prior to the public hearing. If the Planning Board fails to report within a period of 45 days from the date of receipt of notice or such longer time as may have been agreed upon by it and the Town Board, the Town Board may act without such report. If the Planning Board disapproves the proposed amendment or recommends modification thereof, the Town Board shall not act contrary to such disapproval or recommendation except by the adoption of a resolution fully setting forth the reasons for such contrary action.
The Town Board, by resolution, shall fix the time and place of the public hearing and cause notice to be given as follows:
A. 
By publishing a notice of the proposed amendment and the time and place of the public hearing in a newspaper of general circulation in the Town not less than 10 days prior to the date of public hearing.
B. 
By giving written notice of hearing to any required municipal, county, regional, metropolitan, state or federal agency in the manner prescribed by law.
If a protest against a proposed amendment is presented to the Town Board, duly signed and acknowledged by the owners of 20% or more of the area of land included in such proposed amendment, by the owners of 20% or more of the area of the land immediately adjacent to or extending to within 100 feet thereof, or by the owners of 20% or more of the area of land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not be passed except by the favorable vote of at least 3/4 of the members of the Town Board.
Every amendment to the Zoning Ordinance, including any map incorporated therein, adopted in accordance with the Town Law shall be entered in the minutes of the Town Board, and a summary or abstract thereof, exclusive of any map incorporated therein, shall be published once in the official newspaper of the Town of Berne. Affidavits of the publication thereof shall be filed with the Town Clerk.