Town of Bethel, NY
Sullivan County
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Table of Contents
Table of Contents
The Town Board may, by local law, from time to time on its own motion, on petition, or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this chapter, after public notice and hearing.
Town Planning Board. Every such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board for report thereon before the public hearing hereinafter provider for.
County Department of Planning. Prior to enactment by the Town Board, proposed amendments to local zoning regulations shall be reviewed by the County Department of Planning in accordance with procedures established by § 239-m of the General Municipal Law.
The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendments and cause notice to be given as follows:
Public notice: by publishing a notice at least 10 days in advance of such hearing in a least one newspaper of general circulation in the Town of Bethel. Such notice shall state the date, time and place of such hearing and the general nature of the proposed amendment in such reasonable detail as will give adequate notice of its contents and shall name the place or places where copies of the proposed amendment may be examined.
Personal notice.
Notice shall be given by mailing a copy of such notice to every association of residents of the Town which has registered its name and address for this purpose with the Town Clerk.
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any state park or parkway shall be given to the regional State Park Commission having jurisdiction over such state park or parkway at least 10 days prior to the date of such public hearing.
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any city, village, Town or county shall be given to the Clerk of such municipality and to the Clerk of the Sullivan County Legislature at least 10 days prior to the date of such hearing.
Opportunity to be heard at the hearing. At the public hearing, full opportunity to be heard shall be given to any citizen and all parties in interest.
The Planning Board, in accordance with the Town Law § 281,[1] may, simultaneously with the approval of any plat, make any reasonable change to the regulations established under this chapter with respect to the land so platted. Before the Planning Board shall make any such change, there shall be a public hearing preceded by the same notice as in the case of the approval of the plat itself. Once the plat has been filed in the office of the County Clerk, such changes shall be and become part of the regulations of this chapter, shall take the place of any regulations established herein by the Town Board, shall be enforced in the same manner and shall be similarly subject to amendment.
Editor's Note: Former Town Law § 281 was redesignated as § 278 of the Town Law by L. 1992, c. 230, § 2.
If a protest against the proposed amendment is presented to the Town Board, duly signed and acknowledged by the owners of 20% or more of the area of land included in such proposed amendment or by the owners or 20% or more of the area of the land immediately adjacent extending 100 feet therefrom or by the owners of 20% or more of the area of land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not be passed except by the favorable vote of at least four members of the Town Board.
Every amendment to this chapter, including any map incorporated herein, adopted in accordance with the Town Law shall be entered in the minutes of the Town Board, and a copy thereof, exclusive of any map incorporated therein, shall be published once in the official newspaper of the Town of Bethel, and a copy of such amendment, together with a copy of any map incorporated therein, shall be posted on a signboard maintained by the Town Clerk pursuant to Subdivision 6 of § 30 of the Town Law. Affidavits of the publication and posting thereof shall be filed with the Town Clerk.