[Amended 9-16-1969 by Ord. No. 73; 3-26-1985 by L.L. No. 2-1985;9-11-2007 by L.L. No. 8-2007; 2-15-2015 by L.L. No.
5-2015; 12-18-2018 by L.L. No. 1-2019]
This chapter 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or repealed, from time to time, by the Town Board on its own motion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. Prior to public hearing,
every such proposed amendment which the Town Board desires to entertain
shall be referred by the Town Board to the Planning Board for a report.
The Town Board shall not take action on any such entertained amendment
without such report from the Planning Board unless the Planning Board
fails for any reason to render such report within 45 days following
the date of such referral.
A.
Report of the Planning Board. In making such report
on a proposed amendment, the Planning Board shall make inquiry and
determination concerning the items specified below:
(1)
Concerning a proposed amendment to or change in text
of this chapter:
(a)
Whether such change is consistent with the aims
and principles embodied in this chapter as to the particular districts
concerned.
(b)
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.
(c)
The indirect implications of such change in
its effect on other regulations.
(d)
Whether such proposed amendment is consistent
with the aims of the Comprehensive Development Plan of the Town.
(2)
Concerning a proposed amendment involving a change
in the Zoning Map:
(a)
Whether the uses permitted by the proposed change
would be appropriate in the area concerned.
(b)
Whether adequate public school facilities and
other public facilities and services, including roads, exist or can
be created to serve the needs of any additional residences or other
uses likely to be constructed as a result of such change.
(c)
Whether the proposed change is in accord with
any existing or proposed plans in the vicinity.
(d)
The effect of the proposed amendment upon the
growth of the Town as envisaged by the Comprehensive Development Plan.
(e)
Whether the proposed amendment is likely to
result in an increase or decrease in the total zoned residential capacity
of the Town and the probable effect thereof.
B.
Each petition for a zoning amendment which the Town Board desires
to entertain shall be accompanied by a fee in the amount set by resolution
of the Town Board in the Fee Schedule, payable to the Town Clerk upon
the filing thereof. No fee shall be required for petitions filed in
favor of or against a pending application.
C.
If the Town Board desires to entertain said petition, then, by resolution
adopted at a meeting of the Town Board, the Town Board shall fix the
time and place of a public hearing on the proposed amendment. In this
case, notice of said hearing shall be given by publication in the
official newspaper of the Town at least 10 days before the date of
such hearing. In addition to such published notice, the Town Board
shall cause such notice to be mailed at least 10 days before the hearing
to all owners of property which lies within 500 feet of any lot line
of a property for which a rezoning is sought and to such other persons
as the Town Board may deem advisable. All notices of public hearing
shall specify the nature of any proposed amendment and shall identify
the land or district affected. The names of said owners shall be taken
as they appear on the last completed assessment roll of the Town.
Provided that due notice shall have been published and there shall
have been substantial compliance with the remaining provisions of
the section, the failure to give notice in exact conformance herewith
shall not be deemed to invalidate any action taken by the Town Board
in connection with the approval of a rezoning or zoning amendment.
D.
Notice.
(1)
If any proposed amendment consists of or includes either of the following
two conditions, the Town Clerk shall transmit to the designated office
or official a copy of the official notice of the public hearing not
later than 10 days prior to the date of hearing:
(a)
Any change in the boundaries of any district, which change would
occur within a distance of 500 feet of the boundary of any village
or town.
(2)
The designated official for counties shall be the Clerk of the Board
of Legislators. In villages and towns, the designated official shall
be the Clerk of the municipality.
E.
If any proposed amendment consists of or includes
any of the following conditions, the Town Clerk shall, prior to final
action, refer the proposed amendment to the Westchester County Planning
Board in accordance with Section 277.61 of Chapter 277 of the Westchester
County Administrative Code:
(1)
Any change in the district classification of, or the
regulations applying to, real property abutting:
(a)
The boundary of any village or town.
(b)
The boundary of any state or county park or
other recreation area.
(c)
The right-of-way of any state parkway, thruway,
expressway or other controlled-access highway or county road or parkway.
(d)
The right-of-way of any stream or drainage channel
owned by the county or for which the county has established channel
lines.
(e)
The boundary of any county- or state-owned land
on which a public building or institution is located.
F.
In the case of a protest against any amendment, such
amendment shall not become effective except in accordance with the
provisions of § 265 of Article 16 of the Town Law.
