A.
Procedure. 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 amendments
of the regulations or districts herein established be filed in writing
in a form required by the Town Board and shall be accompanied by a
certified check in the amount of $100 to help defray the cost of advertising
the hearing on said petition and incidental disbursements.
B.
Advisory report by Planning 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.
C.
Public notice and hearing. The Town Board, by resolution, shall fix
the time and place of the public hearing and cause notice to be given
as follows:
(1)
By publishing a notice of the proposed amendment and the time
and place of the public hearing in a newspaper of general circulation
in the Town not less than 10 days prior to the date of public hearing.
(2)
By giving written notice of hearing to any required Municipal
County, Regional, Metropolitan, State or Federal Agency in the manner
prescribed by law.
D.
Protest by owners. 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 area of the land immediately
adjacent extending 100 feet there from, 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 3/4 of the
members of the Town Board.
E.
Publication and posting. Every Amendment to the Zoning Law, including
any map incorporated therein, adopted in accordance with the Town
Law shall be entered in the minutes of the Town Board; a copy, summary
or abstract of the amendment, exclusive of any map incorporated therein,
shall be published once in the official newspaper of the Town; and
a copy of such amendment together with a copy of any map incorporated
therein, shall be posted on the Town's official website and in
the Office of the Town Clerk. Affidavits of the publication and posting
thereof shall be filed with the Town Clerk.
