Town of Fort Edward, NY
Washington County
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The Town Board may from time to time, on its own motion or on petition or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this chapter after public notice and hearing.
Every such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board for report thereon before the public hearing hereinafter provided for. If the Planning Board shall fail to file such a report, it shall be presumed that the Planning Board has approved the proposed amendment, supplement or change.
The Town Board, by resolution, shall fix the time and place of the public hearing on the proposed amendments and cause notice to be given as follows:
Public notice. By publishing a notice at least 10 days in advance of such hearing in at least one newspaper of general circulation in the Town of Fort Edward. Such notice shall state the date, time and place of such hearing, the general nature of the proposed amendment in such reasonable detail as will give adequate notice of its contents and shall name the place or places where copies of the proposed amendment may be examined.
Personal notice.
By mailing a copy of such notice to every association of residents of the Town which shall have registered its name and address for this purpose with the Town Clerk.
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any state park or parkway shall be given to the regional State Park Commission having jurisdiction over such state park or parkway at least 10 days prior to the date of such public hearing.
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any city, village, Town or county shall be given to the Clerk of such municipality and to the Clerk of the Board of Supervisors at least 10 days prior to the date of such hearing.
Opportunity to be heard at hearing. At the public hearing, full opportunity to be heard shall be given to any citizen and all parties in interest.
[Amended 6-27-1988 by L.L. No. 3-1988]
In case of an adverse recommendation against any proposed amendment by the Planning Board or in case of a protest signed by the owners of 20% or more of the assessed valuation of the land included in such proposed change, the land immediately adjacent extending 100 feet therefrom or the land directly opposite thereto extending 100 feet from the street, road or highway frontage of such opposite land, such amendment shall not become effective except by a favorable vote of at least four members of the Town Board.
In the interpretation and the application of the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances, provided that where this chapter imposes greater restrictions upon the use of buildings or premises or upon the height or bulk of a building or requires larger open spaces, the provisions of this chapter shall apply.