Every such proposed amendment or change, unless
initiated by the Planning Board, shall be referred to the Planning
Board for its report thereon before the public hearing provided for
by Town Law. The date of the Town Board resolution to refer such proposed
amendment or change to the Planning Board shall be deemed to be the
initiation of proceedings. Failure on the part of the Planning Board
to report its recommendation to the Town Board within 45 days after
initiation of proceedings therefor shall be deemed approval thereof,
unless such proceedings have been previously terminated by the Town
Board or by the petitioner.
A. In recommending the adoption of any such proposed
amendment, the Planning Board shall:
(1) State its reasons for such recommendation, describing
any condition that it believes makes the amendment advisable.
(2) Specifically set forth the manner in which, in its
opinion:
(a)
The amendment would be in harmony with the Comprehensive
Plan; and
(b)
The amendment would be in furtherance of the purposes set forth in Article
I of this chapter.
(3) In recommending the rejection or revision of any proposed
amendment, the Planning Board shall similarly state its reasons.
B. 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 Subsection
A of this section; provided, however, that the proposed amendment shall be adopted by a super-majority vote (majority plus one) of the full Town Board membership.
The Town Clerk shall forward one copy of the
proposed amendment to each of the following as applicable:
A. County. The Albany County Department of Planning together
with a full statement of the proposed action, as defined in § 239-m
of the General Municipal Law.
B. Municipalities. Each of the municipalities adjoining
the Town of Bethlehem.