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.