This chapter or any part thereof, including
the Zoning Map indicating the various district boundaries, may from
time to time be amended, supplemented, changed, modified or repealed
by the Town Board in the manner provided by §§ 264
and 265 of the Town Law.
An amendment to this chapter may be initiated
in any of three ways:
A.
By the Town Board upon its own motion.
B.
By resolution of the Planning Board, filed with the
Town Clerk, wherein certain changes to or repeal of specific provisions
of this chapter are recommended, in which case it shall be the duty
of the Town Board to act on such proposed amendment within 90 days
of the time such resolution is filed by the Planning Board with the
Town Clerk.
C.
By petition duly signed and acknowledged from:
(1)
An individual property owner;
(2)
A group of property owners;
(3)
The owners of 50% or more of the frontage in any district;
which petition requests an amendment, supplement or change in the
regulations prescribed for such district or part thereof, in which
case it shall be the duty of the Town Board to act upon such petition
for amendment within 90 days of the time such petition is filed by
the petitioners with the Town Clerk. Said petition shall be accompanied
by the applicable fee in accordance with the fee schedule established
and annually reviewed by the Town Board.
D.
For a petition filed pursuant to Subsection C above, the cost incurred by the Town Board for consultants and professional fees, including legal costs in connection with the petition shall be paid by the applicant. Upon receipt of the petition the Town Board shall require an amount of money deposited with the Town Supervisor in an interest bearing escrow account that is reasonably related to the anticipated fees to be incurred by professional consultants.
[Added 2-5-2018 by L.L. No. 3-2018]
(1)
The Town shall, on a monthly basis, send copies of all bills associated
with the applicant's petition to the applicant. The applicant
shall have 10 days from date of mailing to object to any bill. The
Town Board, by majority vote, will have sole discretion to pay such
bills from the escrow funds.
(2)
The Town Board may require from time to time additional deposits
into the escrow account as it deems proper.
(3)
The Town Board shall further set forth an application fee in accordance
with a schedule adopted by the Town Board.
A.
All proposed amendments, supplements or changes originating
by petition or by motion of the Town Board shall be referred to the
Planning Board for a report and recommendation thereon. In undertaking
such review, the Planning Board shall make inquiry and provide recommendation
concerning the items specified below:
(1)
Whether such change is consistent with the purposes
embodied in this chapter as applied to the particular districts concerned.
(2)
Which area and establishments in the Town will be
directly affected by such change and in what way will they be affected.
(3)
Whether adequate public services and other support
facilities exist or can be created to serve the needs of any additional
development that may occur as a result of such change.
(4)
The indirect implications of such change in its effect
on other regulations.
(5)
Whether such proposed amendment is consistent with
the underlying objectives of the Town Comprehensive Plan.
B.
The Planning Board shall submit its report within
45 days after receiving such referral. Failure of the Planning Board
to report within the required time shall be deemed to be a recommendation
of approval of the proposed amendment.
A.
Public notice and hearing. The Town Board, by resolution
adopted at a stated meeting, shall fix the time and place of a public
hearing on the proposed amendment and cause notice thereof to be given
as follows:
B.
Required referral.
(1)
If applicable, the Town Board shall transmit a full
statement of any proposed amendment, either map or text, that meets
the referral requirements of § 239-m of the General Municipal
Law to the Ulster County Planning Board for its review and recommendation.
(2)
No action shall be taken by the Town Board on such
proposed amendment until a recommendation has been received from the
County Planning Board or 30 calendar days have elapsed since said
Board received such full statement.
C.
Compliance with State Environmental Quality Review
Act. Proposed amendments are actions subject to the provisions of
the New York State Environmental Quality Review Act. Prior to formal
consideration and public hearing, the Town Board, as lead agency,
shall make a determination as to the type of action and environmental
significance of the proposed action in accordance with Part 617 of
the NYCRR and Article 8 of the Environmental Conservation Law.
D.
Town Board action. The Town Board may approve any
such proposed amendment by a majority vote of said Board, except that
a favorable vote of at least four members of the Town Board, i.e.,
a majority, plus one shall be required if:
(1)
Action being taken is contrary to the advisory recommendation
received from the Town Planning Board or from the County Planning
Board under the provisions of § 239-m of the General Municipal
Law;
(2)
In accordance with the provisions of § 265
of the Town Law, a protest petition against such amendment has been
duly signed by the owners of at least 20% of the land area included
in such proposed change or of that immediately adjacent extending
100 feet therefrom or that directly opposite.
E.
Conformance with Town Comprehensive Plan. In all cases
where the Town Board shall approve an amendment to the Zoning Map,
said Board shall find, for reasons fully set in its resolution, such
amendment to be in conformity with the Town Comprehensive Plan.
