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.
A.
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.
B.
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:
A.
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.
B.
Personal notice.
(1)
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.
(2)
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.
(3)
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.
C.
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.
[1]
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.
