The Town Board may from time to time, on its own motion or on petition
or on recommendation of the Town Planning Board, after proper public notice
and public hearing, amend, supplement or repeal the regulations, provisions
or boundaries of this chapter.
[Amended 4-17-1991 by L.L. No. 1-1991]
In the case of proposed amendment which involves the reclassification
or transfer of any area from a zoning district to any other zoning district,
the Town Board may require the petitioner to submit a development plan showing
the extent, location and character of proposed uses and structures. The Town
Board may require that such plan be modified to meet any objections raised
at any public hearing thereon, or subsequent thereto, and may qualify its
approval of any such amendment by attaching a special endorsement thereto.
Thereafter, no building permit or certificate of zoning compliance shall be
issued for any property within the area described by said amendment, except
in accordance with the approved development plan and with all conditions and
limitations placed thereon by the Town Board or in accordance with the zoning
regulations applicable prior to said reclassification action. Unless application
for a building permit for such special development is made within the time
established by the Town Board and unless development of the area included
in such development plan is commenced within the period so established, said
approval shall be void, and the zoning classification shall be as it was when
the petition for amendment was filed.
A.Â
Petition for amendment.
(1)Â
Filing of petition. A petition to amend, change or supplement
the text of this chapter or any zoning district as designated on the Zoning
Map, or any section thereof, established herein, shall be filed with the Town
Clerk on forms obtained from that office and shall be transmitted by the Clerk
to the Town Board. On and after the effective date of this chapter, any petition
to amend, change or supplement this chapter shall be accomplished by a filing
fee in an amount as established by the Town Board.
(2)Â
Public hearing, official notice, recording. Unless otherwise
provided, the provisions of § 265 of Article 16 of the Town Law
and subsequent amendments thereto pertaining to public hearings, official
notice and proper recording of Zoning actions shall apply to all amendments
of this chapter.
B.Â
Referral to Planning Board. Each proposed amendment,
except those initiated by the Town Planning Board, shall be referred to the
Town Planning Board for an advisory report prior to the public hearing held
by the Town Board. In reporting, the Town Planning Board shall fully state
its reasons for recommending or opposing the adoption of such proposed amendment
and, if it shall recommend adoption, shall describe any charges in conditions
which it believes make the amendment desirable and shall state whether such
amendment is in harmony with a comprehensive plan for land use in the Town.
C.Â
Rehearing on petition. The disposition of a petition
for amendment by the Town Board shall be final, and disapproval or denial
of the proposed amendment shall void the petition. No new petition for an
amendment which has been denied by the Town Board shall be considered by it,
except for a vote to table or to receive and file, and no public hearing shall
be held on such amendment within a period of one year from the date of such
denial, unless the Town Planning Board shall submit a recommendation, with
reasons stated therefor, certifying that there have been substantial changes
in the situation which would merit a rehearing by the Town Board.
