Town of New Castle, NY
Westchester County
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Table of Contents
Table of Contents
A. 
The Town Board may, 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 or amend the Zoning Map after public notice and hearing in the manner provided by the Town Law.
B. 
Every such proposed amendment or change the Zoning Map which the Town Board determines to consider shall be referred to the Planning Board for report thereon before the public hearing provided by the Town Law. In recommending the adoption of any such proposed amendment, the Planning Board shall state its reasons for such recommendation, describing any condition that it believes makes the amendment advisable and specifically setting forth the manner in which, in its opinion, the amendment would be in harmony with the comprehensive plan of land use for the Town and would be in furtherance set forth in § 60-100 of this chapter. In recommending the rejection or revision of any proposed amendment, the Planning Board shall similarly state its reasons.
[Amended 1-26-1999 by L.L. No. 1-1999]
C. 
[1]All petitions to amend, supplement or repeal the regulations and provisions of this chapter or to amend the Zoning Map shall be submitted to the Town Board, in such form as may be required by the Town Board, in hard copy and in an electronic file format.
[Added 3-27-2012 by L.L. No. 1-2012]
[1]
Editor's Note: Former § 60-603, regarding the scheduling of a public hearing following the filing of a petition by property owners, was repealed 1-26-1999 by L.L. No. 1-1999.
D. 
In case of a protest against such a proposed change, signed by the owners of 20% or more either of the area of the land included in such a proposed change or of that immediately adjacent extending 100 feet therefrom or of that directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of at least 3/4 of the members of the Town Board.
E. 
Whenever the Town Board by resolution authorizes a public hearing on a proposed change in this chapter or Zoning Map, the provisions of § 60-510B, with respect to the issuance of building permits, shall apply.
[Amended 11-22-2011 by L.L. No. 15-2011]
F. 
No amendment of this chapter, as adopted, of whatever nature, that has not been approved by the Planning Board, shall be adopted except by at least a two-thirds vote of the Town Board, provided that if the Planning Board fails to report to the Town Board its recommendations on any proposed amendment within 30 days after the date of referral, such report shall not be required before action by the Town Board.