A.
Initiation. The Town Board, from time to time, upon
its own motion or upon application by one or more property owners,
or resolution of the Planning Board or Zoning Board of Appeals, may
amend this chapter as provided herein. A property owner or authorized
agent may apply for amendment to this chapter by filing three complete
sets of a petition with the Town Board, and two complete sets with
the Planning Board. The Town Board shall be under no obligation to
consider or review a petition for a zoning amendment. The petition
shall include a description of the property or properties affected,
a map showing the property or properties affected and all properties
within a radius of 500 feet of the exterior boundaries thereof and
the applicable filing fee. In the case of a proposed amendment which
would apply only to properties which are not immediately identifiable
or to a class of properties including six or more identifiable properties,
no properties need be identified as affected.
B.
Review by planning agencies. As an aid in analyzing
the implications of proposed amendments and to coordinate the effect
of such actions on intergovernmental concerns, the Town Board shall
refer proposed amendments to the Town Planning Board and to the County
Planning Department as required by §§ 239-l and 239-m
of the General Municipal Law.
(1)
Referral to County Planning Department. No action
shall be taken to approve a proposed zoning amendment referred to
the County Planning Department until its recommendation has been received,
or 30 days have elapsed after its receipt of the full statement of
the proposed amendment, unless the county and Town agree to an extension
beyond the thirty-day requirement for the County Planning Department's
review.
(2)
Referral to Town Planning Board. Every proposed amendment
or change initiated by the Town Board or by petition (but not if initiated
by the Planning Board) shall be referred to the Town Planning Board
for report thereon prior to public hearing. If the Planning Board
does not report within 30 days of such referral, the Town Board may
take action without the Planning Board report. This period of time
may be extended by agreement of the Town Board and Planning Board.
C.
Public hearing and notice. No proposed amendment shall
become effective until after a public hearing thereon, at which the
public shall have an opportunity to be heard. If the Town Board chooses
to consider a proposed zoning amendment, it shall, by resolution at
a duly called meeting, set the time and place for a public hearing
on the proposed amendment, and shall cause public notice to be given
as required by the laws of New York State and specified below. If
a proposed amendment is initiated by petition, the petitioner shall
be responsible for publication of notice and for notice to adjacent
municipalities, if necessary.
(1)
Publication of notice in newspaper. Notice of the
time and place of the public hearing shall be published at least 10
days in advance of such hearing in the official newspaper. This notice
shall provide a summary of the proposed amendment in such reasonable
detail as will give adequate notice of its contents, indicating the
place or places where copies of the proposed amendment may be examined
and the time and place of the hearing.
D.
Adoption. The Town Board may adopt amendments to this
chapter by a majority vote of its membership, except in the case of
local protest or disapproval by the County Planning Board as noted
below.
(1)
Local protest. The favorable vote of 3/4 (i.e., four)
of the Town Board members shall be required for passage of any amendment
which is subject to a written protest signed by the owners of 20%
or more of the land in any of the following areas:
(2)
County disapproval. A majority-plus-one vote of all
Town Board members shall be required to pass any proposal which receives
a recommendation of disapproval from the County Planning Board prior
to Town Board action, along with a resolution setting forth the reasons
for such contrary action.
E.
Effective date. Unless the amendment provides for
a different effective date, each amendment adopted by the Town Board
shall take effect when filed with the Secretary of State of the State
of New York pursuant to the Municipal Home Rule Law of the State of
New York.
