This chapter, or any part thereof, including
the Zoning District Map[1] 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to time be amended, supplemented, changed, modified or repealed by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.
[1]
Editor's Note: The Zoning Map is included
in the pocket part at the end of this volume.
An amendment to this chapter may be initiated
in one of three ways:
A.
By the Town Board upon its own motion.
B.
By resolution of the Planning Board or Zoning Board
of Appeals, filed with the Town Clerk, wherein certain changes to
or repeal of certain provisions of this chapter are recommended.
C.
By petition duly signed and acknowledged from the
owners of 50% or more of the frontage in any zoning district or part
thereof requesting an amendment, supplement or change in the regulations
prescribed for such zoning district or part thereof. Said petition
shall be accompanied by the applicable fee, in accordance with the
fee schedule established and annually reviewed by the Town Board,
and by the necessary supporting documentation identified on a checklist
available from the office of the Town Clerk.
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 matters specified below:
(1)
Whether such change is consistent with the purposes
embodied in this chapter as applied to the particular zoning districts
concerned.
(2)
Which areas and establishments in the Town will be
directly affected by such change and in what way will they be affected.
(3)
Whether adequate public service 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 this chapter.
B.
The Planning Board shall submit its report within
45 days after receiving such referral from the Town Board. Failure
of the Planning Board to report within the required time period 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. The Town Board shall transmit a
full statement of any proposed amendment, whether a map amendment
or a text amendment, that meets the referral requirements of §§ 239-l
and 239-m of the General Municipal Law to the Dutchess County Department
of Planning for its review and recommendation. No action shall be
taken by the Town Board on such proposed amendment until a recommendation
has been received from the County Department of Planning or until
30 calendar days have elapsed since said Department received such
full statement.
C.
Compliance with SEQRA. Proposed amendments are actions
subject to the provisions of the New York State Environmental Quality
Review Act.[1] Prior to formal consideration and public hearing, the
Town Board shall make a determination as to the type of action, lead
agency status and environmental significance of the proposed amendment
in accordance with Article 8 of the Environmental Conservation Law
and Title 6, Part 617, NYCRR. Any action to initiate an amendment
to this chapter shall be specifically accompanied by either a short
or full Environmental Assessment Form as required by SEQRA, Article
8 of the Environmental Conservation Law, and related Title 6, Part
617, NYCRR.
[1]
Editor's Note: See Article 8 of the Environmental
Conservation Law.
D.
Town Board action.
(1)
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:
(a)
Action being taken is contrary to the advisory
recommendation received from the Dutchess County Department of Planning
under the provisions of §§ 239-l and 239-m of the General
Municipal Law; or
(b)
In accordance with the provisions of § 265
of the Town Law, a protest petition against such amendment has been
duly signed and acknowledged 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 thereto
extending 100 feet from the street frontage of such opposite land.
(2)
If the action taken is contrary to the advisory recommendation
of the County Department of Planning, a report on the action shall
be filed within seven calendar days thereof with said Department.
