Pursuant to §§ 264 and 265 of
the Town Law, the Comprehensive Development Regulations or any part
thereof may be amended, supplemented or repealed from time to time
by the Town Board on its own motion or upon recommendation by the
Planning Board. Every proposed amendment shall be referred by the
Town Board to the Planning Board for a report.
In making such report on a proposed amendment,
the Planning Board shall make inquiry and determination concerning
the items specified below:
A.
Concerning a proposed amendment to, or changes in,
the text of the ordinance:
(1)
Whether such change is consistent with the aims and
principles embodied in the ordinance as to the particular districts
concerned.
(2)
Which areas, land uses, buildings and establishments
in the town will be directly affected by such change and in what way
they will be affected.
(3)
The indirect implications of such change in its effect
on other regulations.
(4)
Whether such proposed amendment is consistent with
the aims of the Master Plan of the town.
B.
Concerning a proposed amendment involving a change
in the Zoning Map:[1]
(1)
Whether the uses permitted by the proposed change
would be appropriate in the area concerned.
(2)
Whether adequate public school facilities and other
public facilities and services, including roads, exist or can be reasonably
expected to be created to serve the needs of any additional dwellings
or other uses likely to be constructed as a result of such change.
(3)
Whether the proposed change is in accord with any
existing or proposed plans in the vicinity.
(4)
The effect of the proposed amendment upon the growth
of the town as envisioned by the Master Plan.
[1]
The Zoning Map is on file in the Building
and Planning Department offices.
A.
A petition to amend, change or supplement the text
of the Comprehensive Development Regulations, or any zoning district
as designated on the Zoning Map established herein, may be initiated
by the Town Board, the Planning Board or property owner(s) or agent(s)
with authorization from the owner, and shall be filed with the Town
Clerk and transmitted to the Town Board.
B.
Whenever a petition requesting a change of district
boundary and designation is presented to the Town Board, there shall
also be presented a plan of the proposed development and use of the
area to be changed. All petitions for amendments shall include an
environmental assessment form as required by the State Environmental
Quality Review (SEQR) Act.[1]
[1]
See § 8-0101 et seq., of the Environmental
Conservation Law.
Unless otherwise provided, the provisions of
the Town Law pertaining to public hearings, official notice and proper
recording of zoning actions taken by the Town Board shall apply to
all amendments to the Comprehensive Development Regulations.
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 previously 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 (1) year from the date of such previous 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.
The Town Board shall notify the applicant for
the amendment in writing of the Town Board's decision within five
(5) days after the decision has been rendered.
Every zoning ordinance and amendments thereto
shall be entered into the minutes of the Town Board. The Town Clerk
shall maintain records of amendments to the text and map of the Comprehensive
Development Regulations in a separate file or file cabinet to be available
at any time during regular business hours for public inspection.
