This chapter or any part thereof may be amended,
supplemented or repealed, from time to time, by the Town Board on
its own motion or upon recommendation by the Planning Board. Prior
to public hearing, every such proposed amendment shall be referred
by the Town Board to the Planning Board for a report. The Town Board
shall not take action on any such amendment without such report from
the Planning Board unless the Planning Board fails for any reason
to render such report within 62 days after its next regularly scheduled
meeting following the date of such referral.
A.
Report of the Planning Board. In making such report
on a proposed amendment, the Planning Board shall make inquiry and
determination concerning the items specified below:
(1)
Concerning a proposed amendment to or change in text
of the chapter:
(a)
Whether such change is consistent with the aims
and principles embodied in the chapter as to the particular districts
concerned.
(b)
Which areas, land uses, buildings and establishments
in the Town will directly be affected by such change and in what way
they will be affected.
(c)
The indirect implications of such change in
its effect on other regulations.
(d)
Whether such proposed amendment is consistent
with the aims of the Comprehensive Development Plan of the Town.
(2)
Concerning a proposed amendment involving a change
in the Zoning Map:
(a)
Whether the uses permitted by the proposed change
would be appropriate in the area concerned.
(b)
Whether adequate public school facilities and
other public services exist or can be created to serve the needs of
any additional residences likely to be constructed as a result of
such change.
(c)
Whether the proposed change is in accord with
any existing or proposed plans in the vicinity.
(d)
The effect of the proposed amendment upon the
growth of the Town as envisaged by the Comprehensive Development Plan.
(e)
Whether the proposed amendment is likely to
result in an increase or decrease in the total zoned residential capacity
of the Town and the probable effect thereof.
B.
Each petition for a zoning amendment shall be accompanied
by a fee of $50, payable to the Town Clerk upon the filing thereof.
No fee shall be required for petitions filed in favor of or against
a pending application.
C.
By resolution adopted at a meeting of the Town Board,
the Town Board shall fix the time and place of a public hearing on
the proposed amendment and cause notice thereof to be given in accordance
with provisions of § 264 of Article 16 of the Town Law.
All notices of public hearing shall specify the nature of any proposed
amendment, the land or district affected and the date when and the
place where the public hearing will be held. At least 10 days' notice
of the time and place of such hearing shall be published in the official
newspaper.
D.
Notice of hearing to state, county or other officials.
(1)
Should any proposed amendment consist of or include
either of the two following conditions, the Town Clerk shall transmit
to the designated office or official a copy of the official notice
of the public hearing not later than 10 days prior to the date of
hearing:
(a)
Any change in the boundaries of any district,
which change would occur within a distance of 500 feet of the boundary
of any village, town or county or any boundary of a state park or
parkway.
(2)
The designated official for counties shall be the
Clerk of the County Legislature. In villages and towns, the designated
official shall be the Clerk of the municipality. In the case of state
parks or parkways, the designated office shall be the Palisades Interstate
Park Commission.
E.
Should any proposed amendment consist of or include
any of the following conditions, the Town Clerk shall, prior to final
action, refer the proposed amendment to the Orange County Planning
Department in accordance with § 239-m of Article 12-B of
the General Municipal Law:
(1)
Any change in the district classification of or the
regulations applying to real property lying within a distance of 500
feet from:
(a)
The boundary of any village or town.
(b)
The boundary of any existing or proposed county
or state park or other recreation area.
(c)
The right-of-way of any existing or proposed
county or state parkway, thruway, expressway, road or highway.
(d)
The right-of-way of any existing or proposed
stream or drainage channel owned by the county or for which the county
has established channel lines.
(e)
The boundary of any existing or proposed county-
or state-owned land on which a public building or institution is situated.
(f)
A farm operation located in a County Agricultural
District, but not subject to area variances.
[Added 3-6-2007 by L.L. No. 4-2007]
F.
In the case of protest against any amendment, such
amendment shall not become effective except in accordance with the
provisions of § 265 of Article 16 of the Town Law.
