The Town Board may, from time to time, on its own motion or
on petition or on recommendation from the Planning Board, amend the
regulations and districts established under this chapter after public
notice and hearing in each case. All petitions for any amendment of
the regulations or districts herein established shall be filed, in
writing, in a form required by the Town Board.
Every proposed amendment, unless initiated by the Planning Board,
shall be referred to the Planning Board. The Planning Board shall
report its recommendations thereon to the Town Board, accompanied
by a full statement of the reasons for such recommendations, prior
to the public hearing. If the Planning Board fails to report within
a period of 45 days from the date of receipt of notice or such longer
time as may have been agreed upon by it and the Town Board, the Town
Board may act without such report. If the Planning Board dissapproves
the proposed amendment or recommends modifications thereof, the Town
Board shall not act contrary to such disapproval or recommendation
except by the adoption of a resolution fully setting forth the reasons
for such contrary action.
The Town Board, by resolution, shall fix the time and place
of the public hearing and cause notice to be given as follows:
A.Â
By publishing a notice of the proposed amendment and the time and
place of the public hearing in its official newspaper not less than
10 days prior to the date of public hearing.
B.Â
By giving written notice of the hearing to any required municipal,
county, regional, state or federal agency in the manner prescribed
by law.
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 of 20% or more of the land area immediately adjacent
and extending 100 feet therefrom or by the owners of 20% or more of
land area 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.
Pursuant to Town Law, Article 16, § 281, the Planning Board is empowered to modify the allowable dwelling types specified in § 105-9A and the density provisions of § 105-21B(1) above when approving a residential subdivision plat in accordance with § 93-11 of Chapter 93, Subdivision of Land, of the Code of the Town of Urbana. Any such modifications incorporated in a duly recorded plat shall be properly noted by the Town Clerk as amendments of these zoning regulations.
Every amendment to the chapter, including any map incorporated
therein, adopted in accordance of any map incorporated therein, and
a copy of such amendment, together with a copy of any map incorporated
therein, shall be posted on a sign board maintained by the Town Clerk
pursuant to Subdivision 6 of § 30 of the Town Law. Affidavits
of this required posting thereof shall be filed with the Town Clerk.
