Town of Pine Plains, NY Article XVII Amendments

§ 275-109 Zoning Law amendments.

This Zoning Law, or any part thereof, may be amended, supplemented, changed, modified or repealed by the Town Board by local law pursuant to the provisions of Article 3 of the Municipal Home Rule Law.

§ 275-110 Action by Planning Board.

The Planning Board may initiate amendments to this Zoning Law, including the Zoning Map and/or accompanying bulk tables.

§ 275-111 Initiation by public.

Members of the public may initiate amendments to this Zoning Law through petition. The procedure for petitioning the Town to amend this Zoning Law is as follows:

A. The petition shall be in writing.

B. If the petition affects a particular property, the petition shall contain a description and a map of the property affected.

C. The petition shall include the names and addresses of all owners on the Tax Map of the Town who own property within 500 feet of the property affected or any other contiguous property of the applicant in the same ownership.

§ 275-112 Fees.

Upon the filing of a petition for an amendment to this chapter, a fee shall be payable to the Town of Pine Plains in accordance with the Town fee schedule.

§ 275-113 Referral to Planning Board.

The Town Board may, in its discretion, refer to the Planning Board for report thereon any proposed amendment, and the Planning Board shall file its report with the Town Board within 60 days after the proposed amendment is delivered or mailed to the Chairman of the Planning Board. Should the Planning Board fail to file such report within said 60 days, the Town Board may, at its discretion, hold a public hearing on the proposed amendment without the report of the Planning Board, and the absence of such a report shall not be due cause for adjournment of the public hearing. In undertaking such review, the Planning Board shall make inquiry and provide recommendation concerning the matters specified below:

A. Whether such change is consistent with the purposes embodied in this Zoning Law as applied to the particular zoning districts concerned.

B. Which areas and establishments in the Town will be directly affected by such change and in what way will they be affected.

C. Whether adequate public school facilities and other public services 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.

D. The indirect implications of such change in its effect on other regulations.

E. Whether such proposed amendment is consistent with the underlying objectives of this Zoning Law.

F. Whether such proposed amendment is consistent with and furthers the goals and objectives of the Town of Pine Plains Comprehensive Plan.

G. Whether the use(s) permitted by the proposed change would be appropriate in the area concerned.

H. The effect of the proposed amendment upon the growth of the Town as envisaged by the Town of Pine Plains Comprehensive Plan.

§ 275-114 Town Board procedure.

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:

(1) By publishing a notice at least 10 calendar days prior to the time of such hearing in the official newspaper of the Town, specifying:

(a) The nature of the proposed amendment;

(b) The specific land or land use district affected; and

(c) The date, time and place where the public hearing shall occur.

(2) By providing a copy of such notice of any proposed change or amendment affecting property within 500 feet of any other municipality personally or by mail to the clerk of such municipality at least 10 calendar days prior to the date of such public hearing.

(3) By providing a copy of such notice of any proposed change or amendment affecting property within 500 feet of the boundary of a county personally or by mail to the clerk of the Board of Supervisors or clerk or secretary of the County Executive or other person performing like duties at least 10 calendar days prior to the date of such public hearing.

B. Required referral. The Town Board shall transmit a full statement of any proposed amendment to the Dutchess County Department of Planning in accordance with §§ 239-l and 239-m of the General Municipal Law. No action shall be taken by the Town Board until a review has been received from the Dutchess County Department of Planning and Development or 30 calendar days have elapsed since said Department received such full statement.

C. Compliance with SEQRA. The Town Board, in its adoption of the amendment to the Zoning Law, shall be required to comply with the provisions of SEQRA.

D. Town Board decision. The Town Board may approve a zone amendment or zone petition by a majority vote of said Board. In the event that the Dutchess County Department of Planning and Development recommends modification or denial thereof within such time period or at a later date prior to final action by the Town Board, the Town Board shall not act contrary to such determination except by the vote of a majority plus one of all the members after the adoption of a resolution fully setting forth the reasons for such contrary action. Within 30 calendar days after such final action, the Town Board shall file a report of its final action with the County Department of Planning and Development.

E. Protests. The provisions of § 265(1) of the Town Law regarding written protests to proposed map or text amendments to the Zoning Law shall not apply to the Town of Pine Plains.