Town of North East, NY Article XII Amendments [1]

[1] Editor's Note: Original Art. XII of the 1979 Code, Violations, was repealed 9-8-2011 by L.L. No. 4-2011.

§ 180-104 Referral of proposed amendments to County Planning Department.

The regulations, restrictions and boundaries established by this chapter may from time to time be amended, supplemented, changed, modified or repealed by law in accordance with the procedures provided by §§ 264 and 265 of the Town Law. However, all amendments to this chapter which would change the district classification or the regulations applying to real property lying within a distance of 500 feet from the boundary of the Town of North East, or the boundary of any existing or proposed county or state park or other recreational area, or from the right-of-way, of any existing or proposed county or state parkway, thruway, expressway, road or highway, or from the right-of-way of any existing or proposed stream or drainage channel owned by the county for which the county has established channel lines, or from the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated, shall be referred to the Dutchess County Planning Department as required by § 239-m of the General Municipal Law. The term "proposed" shall be deemed to include only those recreational areas, parkways, thruways, expressways, roads or highways which are shown on a County Plan of Dutchess County adopted pursuant to § 239-d, Subdivision 2, of the General Municipal Law or adopted as an Official Map of Dutchess County pursuant to § 239-g of the General Municipal Law. If the Dutchess County Planning Department fails to report within 30 days after receipt of a full statement of such referred matter, the Town Board of North East may act without such report. If the Dutchess County Planning Department disapproves of the proposed amendment, supplement, change or modification or recommends modification of the proposal of the Town of North East, the Town Board shall not act contrary to such disapproval or recommendation except by vote of a majority, plus one, of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary act.