A.
General provisions.
(1)
The Town Board may, from time to time, on its
own motion, on petition of any party or on recommendation of the Planning
Board or Zoning Board of Appeals, amend, supplement or repeal the
regulations and provisions of this chapter in the manner provided
by § 264 of the Town Law.
(2)
All petitions for rezoning shall contain a metes and bounds description of the property to be rezoned as well as the names and addresses of all adjacent and abutting property owners. The petition shall be submitted by the owner and shall describe in detail the reasons for the requested zoning. The Town Board may require the submission of such additional information as it deems appropriate. An application fee shall accompany each such application in an amount set forth in Chapter 122, Article IV, § 122-16N(8) of the Code. The Town Board shall require the establishment of an escrow account deposit in accordance with § 240-110A(3) herein to reimburse the Town for the professional review fees charged in connection with the review of the application.
[Amended 3-8-2004 by L.L. No. 4-2004]
(3)
Greenway Connections. Whenever undertaking any amendment, supplement or repeal of the Zoning Code of the Town of Wappinger, the Town Board, in its deliberative process, shall consider the statement of land use policies, principles and guidelines contained in the Greenway Connections, as set forth in § 240-2.1 of this Code.
[Added 2-11-2002 by L.L. No. 1-2002]
B.
Advisory report by Planning Board. Every such proposed amendment or change, unless initiated by the Planning Board, shall be referred to the Planning Board for its report thereon, prior to the public hearing required by the Town Law. In recommending the adoption of any such proposed amendment, the Planning Board shall state its reasons for such recommendation, describing any condition that it believes makes the amendment advisable and specifically setting forth the manner in which, in its opinion, the amendment would be in harmony with the Comprehensive Plan of land use for the Town and would be in furtherance of the purposes set forth in § 240-2 of this chapter. In recommending the modification or disapproval of any proposed amendment, the Planning Board shall similarly state its reasons. 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 disapproved 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.
C.
Dutchess County Department of Planning and Development
Review.
(1)
In accordance with the provisions of Article
12-B, § 239-l and § 239-m, of the General Municipal
Law, as amended, the Dutchess County Department of Planning and Development
shall have at least 30 days from the receipt of a full statement of
the proposed action to report its recommendations on all proposals
affecting real property within 500 feet of the following:
(a)
The boundary of any city, village or Town.
(b)
The boundary of any state or county park or
any other recreation area.
(c)
The right-of-way of any existing or proposed
county or state road, highway, parkway, thruway or expressway.
(d)
The existing or proposed right-of-way of any
stream or drainage channel owned by the county or for which the county
has established channel lines.
(e)
The existing or proposed boundary of any county
or state owned land on which a public building or institution is located.
(f)
The boundary of a farm operation located in
an agricultural district, as defined by Article 25AA of the Agriculture
and Markets Law, except this subsection shall not apply to the granting
of area variances.
(2)
The Town Board may take final action after said
thirty-day period. If the Dutchess County Planning Board recommends
modification or disapproval of the proposed action, the Town Board
shall not act contrary to any such recommendation received two or
more days prior to final action except by a vote of a majority plus
one of all the members thereof. Within 30 days after final action,
the Town Board shall file a report of the final action it has taken
with the Dutchess County Planning Department. If acting contrary to
the recommendation of modification or disapproval, the Town Board
shall set forth the reasons for the contrary action in such report.
D.
Additional notification.
[Amended 11-13-2019 by L.L. No. 6-2019]
(1)
The Town Board shall publish a notice of the proposed amendment
and the time and place of the public hearing in the official paper
of the Town not less than 10 days prior to the date of public hearing.
For any proposed rezoning not commenced by the Town Board, all property
owners within 100 feet of the lot(s) subject to the rezoning review
shall be notified, by mail, by the applicant, of said hearing. Notification
to said property owners, as identified by the Town, shall be by certified
U.S. Mail, shall be postmarked within three days of the setting of
the public hearing by the Town Board, and shall include a copy of
the legal notice prepared by the Town. Proof of mailing in the form
of a list of said property owners and copies of the stamped certified
mail receipts shall be submitted to the Town Board prior to the public
hearing. The expense of publishing and mailing any notice required
by this section shall be paid for by the applicant. In any case where
said amendment affects any real property lying within 500 feet of
the boundary of any municipality, the Clerk of said municipality shall
be notified thereof at least 10 days prior to the public hearing at
which such matter is to be considered.
(2)
The applicant shall post the property with signage notifying
the public of the public hearing. The posting shall be on signage
provided by the Town. One sign shall be posted for each 100 feet of
road frontage on all public roads abutting the property. When a property
has more than 200 feet of road frontage, the board calling the public
hearing shall determine the number and placement of the signs to be
posted on the property. The postings shall be placed on the property
at least 10 calendar days prior to the public hearing. If the public
hearing is adjourned, the sign shall be revised to reflect the adjourned
date within five days of the adjournment. An affidavit attesting to
the date of the initial posting and any revised posting(s) shall be
filed with the board calling the public hearing. The signage required
herein shall be removed within five days of the close of the public
hearing. An applicant shall not be deemed to have violated the requirement
to maintain the signage if the signage is removed or destroyed by
an unrelated party or a natural force and replaced within five calendar
days. Failure to comply with this subsection shall not constitute
grounds to invalidate any approval by the Town Board.
E.
Proposed amendments. Whenever the Town Board, by resolution,
authorizes a public hearing on a proposed amendment to this chapter,
for a period of 60 days following the date of such resolution no building
or structure shall be erected, enlarged or altered and no permit shall
be issued for the erection, enlargement or alteration of any building
or structure or for the occupancy of any land or building in any manner
that would be contrary to the provisions of the proposed amendment.
