[Amended 4-18-1978 by L.L. No. 5-1978; 3-16-1982 by L.L. No. 3-1982]
A.Â
The Town Board and only the Town Board may, from time
to time, on its own motion, on petition or on recommendation of the
Planning Board, amend, supplement or repeal the regulations and provisions
of this chapter in the manner provided by the Municipal Home Rule
Law and/or the Town Law. Only the Town Board has the authority and
the power to create, modify, apply, and remove any zoning designation
or classification to any area, district, zone, lot or parcel of land
within the Town of Yorktown.
[Amended 6-15-2004 by L.L. No. 17-2004]
B.Â
Any such petition filed requesting an amendment, supplement
or repeal to such regulations shall be submitted to the Town Clerk
and shall include i) an application form; ii) any other documents
which the applicant wishes the Town Board to consider or which may
be required by the Town Board, in electronic media format (PDF or
TIF); and iii) a deposit of $100 to be utilized for the purpose of
reimbursing the Town for the costs of publication. The person presenting
such petition shall reimburse the Town for any publication costs in
excess of $100. Electronically filed documents shall be accompanied
by at least one paper set of such documents. The Town Clerk may, in
his or her discretion, require the submission of more than one paper
set of such documents.
[Amended 12-18-1990 by L.L. No. 25-1990; 5-21-2013 by L.L. No. 7-2013]
C.Â
Every such proposed amendment, whether initiated by the Town Board or by petition, may be referred to the Planning Board for report thereon before the public hearing. In recommending the adoption of any such proposed amendment, the Planning Board shall state its reasons for such recommendation, describing any conditions that it believes makes the amendment advisable and specifically setting forth the manner in which, in its opinion, the amendment would be in harmony with the Comprehensive Plan of the land use for the Town and would be in furtherance of the purposes set forth in Article I of this chapter. In recommending the rejection or revision of any proposed amendment, the Planning Board shall similarly state its reasons.
D.Â
Every such amendment, supplement or repeal enacted
pursuant to this section which is otherwise required to be published
in one or more newspapers in order to make the same effective shall
not be so published in full, but it shall be sufficient to publish
in such newspaper or newspapers a notice setting forth the full title
of such amendment, supplement or repeal, a brief explanatory statement
thereof and a statement that the full text thereof is on file and
may be inspected in the office of the Town Clerk.
Whenever the Town Board by resolution authorizes
a public hearing on a proposed amendment to this chapter and for a
period of 60 days following the date of such resolution, no building
shall be erected, enlarged or altered and no permit shall be issued
for the construction, enlargement or alteration of any building or
for the occupancy of any land or building in any manner that would
be contrary to the provisions of the proposed amendment.
