This chapter or any part thereof, including
both the text and the Zoning District Map indicating the various district
boundaries, may from time to time be amended, supplemented, changed,
modified or repealed by the Town Board in the manner provided by §§ 264
and 265 of the Town Law.
An amendment to this chapter may be initiated
in one of three ways:
A.
By the Town Board upon its own motion.
B.
By resolution of the Planning Board, filed with the
Town Clerk, wherein certain changes to or a repeal of certain provisions
of this chapter are recommended.
C.
By petition duly signed and acknowledged from the
owners of 50% or more of the frontage in any zoning district or part
thereof requesting an amendment, supplement or change in the regulations
prescribed for such zoning district or part thereof. Said petition
shall be accompanied by the applicable fee in accordance with the
fee schedule established and annually reviewed by the Town Board and
by the necessary supporting documentation identified on a checklist
available from the office of the Town Clerk.
A.
All proposed amendments, supplements or changes introduced
by the Town Board and originating by petition or by motion of the
Town Board shall be referred to the Planning Board for a period of
45 calendar days for a report and recommendation thereon. If the Planning
Board fails to report its recommendation within such time period,
the Town Board may act without such report.
B.
In undertaking such review, the Planning Board shall
make inquiry and provide recommendation concerning the matters specified
below:
(1)
Whether such change is consistent with the purposes
embodied in this chapter as applied to the particular zoning districts
concerned.
(2)
Which areas and establishments in the Town will be
directly affected by such change and in what way will they be affected.
(3)
Whether adequate public service 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.
(4)
The indirect implications of such change in its effect
on other regulations.
(5)
Whether such proposed amendment is consistent with
the underlying objectives of this chapter.
(6)
Whether such proposed amendment is consistent with
the Town Master Plan.
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 any proposed amendment introduced by the Board and cause
notice thereof to be given as follows:
(2)
By providing a copy of such notice of any proposed
change or amendment affecting property within 500 feet of any other
municipality to the Clerk of such municipality at least 10 calendar
days prior to the date of such public hearing.
(3)
In the case of a proposed Zoning District Map amendment:
by providing a copy of such notice by first class US mail to both
the owners of property directly affected by the proposed Zoning District
Map amendment and those owners of property which either abuts or lies
within 200 feet of lands affected by the proposed amendment, as such
names appear on the last completed tax roll of the Town.[1]
[Amended 6-23-2010 by L.L. No. 1-2010]
[1]
Editor's Note: Former Subsection A(3)(b),
regarding posting, which immediately followed this subsection, was
repealed 4-10-2002 by L.L. No. 2-2002.
B.
Required referral. The Town Board shall transmit a
full statement of any proposed amendment introduced by the Board,
whether a map amendment or a text amendment, that meets the referral
requirements of §§ 239-l and 239-m of the General Municipal
Law, to the Dutchess County Department of Planning for its review
and recommendation. No action shall be taken by the Town Board on
such proposed amendment until a recommendation has been received from
the County Department of Planning or 30 calendar days have elapsed
since said Department received such full statement.
C.
Compliance with SEQRA. Proposed map and text amendments
are both actions subject to the provisions of the New York State Environmental
Quality Review Act. Prior to formal consideration and public hearing,
the Town Board shall make a determination as to the type of action,
lead agency status and environmental significance of the proposed
amendment in accordance with Article 8 of the Environmental Conservation
Law and 6 NYCRR 617. Any action to initiate an amendment to this chapter
shall be specifically accompanied by either a short or full environmental
assessment form as deemed appropriate by the Town Board pursuant to
SEQRA, Article 8 of the Environmental Conservation Law, and 6 NYCRR
617.
D.
Town Board action.
(1)
The Town Board may approve any such proposed amendment
by a majority vote of said Board, except that a favorable vote of
at least four members of the Town Board, i.e., a majority plus one,
shall be required if:
(a)
Action being taken is contrary to the advisory
recommendation received from the Dutchess County Department of Planning
under the provisions of §§ 239-l and 239-m of the General
Municipal Law; or
(b)
In accordance with the provisions of § 265
of the Town Law, a protest petition against such amendment has been
duly signed and acknowledged by the owners of at least 20% of the
land area included in such proposed change or of that immediately
adjacent extending 100 feet therefrom or directly opposite thereto,
extending 100 feet from the street frontage of such opposite land.
(2)
If the action taken is contrary to the advisory recommendation
of the Dutchess County Department of Planning, a report on the action
shall be filed within seven calendar days thereof with said Department.
E.
Filing requirement. Any amendment approved by favorable
vote of the Town Board shall become effective immediately upon its
filing in the office of the Secretary of State of the State of New
York, in accordance with the applicable provisions of law, specifically
§ 27 of the Municipal Home Rule Law. The Town Board resolution
adopting the amendment shall be entered into the minutes of the Town
Board and, in the case of a Zoning District Map amendment, the amendment
graphically depicted on the Zoning District Map filed in the Town
Clerk's office.
[Amended 1-15-2008 by L.L. No. 2-2008]
Reasonable and necessary costs incurred by the Town Board for professional review of a petition for a Zoning District Map or text amendment shall be charged to the applicant pursuant to Chapter 70 of the Red Hook Town Code. Such development review costs shall be in addition to the required application fee required in § 143-140C of this article.
