A.
Initiation. The Town Board, from time to time, upon its own motion
or upon application by one or more property owners, or resolution
of the Planning Board or Zoning Board of Appeals, may amend this chapter
as provided herein. A property owner or authorized agent may apply
for amendment to this chapter by filing three complete sets of a petition
with the Town Board and two complete sets with the Planning Board.
The Town Board shall be under no obligation to consider or review
a petition for a zoning amendment. The petition shall include a description
of the property or properties affected, a map showing the property
or properties affected and all properties within a radius of 500 feet
of the exterior boundaries thereof and the applicable filing fee.
In the case of a proposed amendment which would apply only to properties
which are not immediately identifiable or to a class of properties
including six or more identifiable properties, no properties need
be identified as affected.
B.
Review by planning agencies. As an aid in analyzing the implications
of proposed amendments and to coordinate the effect of such actions
on intergovernmental concerns, the Town Board shall refer proposed
amendments to the Town Planning Board and to the County Planning Department
as required by §§ 239-l and 239-m of the General Municipal
Law.
(1)
Referral to County Planning Department. No action shall be taken
to approve a proposed zoning amendment referred to the County Planning
Department until its recommendation has been received, or 30 days
have elapsed after its receipt of the full statement of the proposed
amendment, unless the county and Town agree to an extension beyond
the thirty-day requirement for the County Planning Department's review.
(2)
Referral to Town Planning Board. Every proposed amendment or change
initiated by the Town Board or by petition (but not if initiated by
the Planning Board) shall be referred to the Town Planning Board for
report thereon prior to public hearing. If the Planning Board does
not report within 30 days of such referral, the Town Board may take
action without the Planning Board report. This period of time may
be extended by agreement of the Town Board and Planning Board.
C.
Public hearing and notice. No proposed amendment shall become effective
until after a public hearing thereon, at which the public shall have
an opportunity to be heard. If the Town Board chooses to consider
a proposed zoning amendment, it shall, by resolution at a duly called
meeting, set the time and place for a public hearing on the proposed
amendment and shall cause public notice to be given as required by
the laws of New York State and specified below. If a proposed amendment
is initiated by petition, the petitioner shall be responsible for
publication of notice and for notice to adjacent municipalities, if
necessary.
(1)
Publication of notice in newspaper. Notice of the time and place
of the public hearing shall be published at least 10 days in advance
of such hearing in the official newspaper. This notice shall provide
a summary of the proposed amendment in such reasonable detail as will
give adequate notice of its contents, indicating the place or places
where copies of the proposed amendment may be examined and the time
and place of the hearing.
(2)
Notice to adjacent municipalities. Written notice of any proposed
amendment affecting property lying within 500 feet of an adjacent
town shall be served in person or by mail upon the Clerk of such municipality
at least 10 days prior to the date of public hearing. Representatives
of neighboring municipalities receiving notification of a proposed
amendment shall have the right to appear and be heard at the public
hearing thereon but shall not have the right to review by a court.
D.
Adoption. The Town Board may adopt amendments to this chapter by
a majority vote of its membership, except in the case of local protest
or disapproval by the County Planning Board as noted below.
(1)
Local protest. The favorable vote of 3/4 (i.e., four) of the Town
Board members shall be required for passage of any amendment which
is subject to a written protest signed by the owners of 20% or more
of the land in any of the following areas:
(2)
County disapproval. A majority-plus-one vote of all Town Board members
shall be required to pass any proposal which receives a recommendation
of disapproval from the County Planning Board prior to Town Board
action, along with a resolution setting forth the reasons for such
contrary action.
E.
Effective date. Unless the amendment provides for a different effective
date, each amendment adopted by the Town Board shall take effect when
filed with the Secretary of State of the State of New York pursuant
to the Municipal Home Rule Law of the State of New York.
