[Amended 8-11-1994 by L.L. No. 5-1994]
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 and in the manner provided by law. Where zoning amendments are adopted pursuant to the Municipal Home Rule Law, notice of hearing shall be provided in accordance with said law, and in accordance with Chapter 22 of the East Fishkill Code.
A.
The Town Board shall refer every proposed amendment
or change, whether initiated by the Town Board or by petition, to
the Planning Board for its recommendations, prior to taking final
action on the proposed amendment or change.
[Amended 8-11-1994 by L.L. No. 5-1994]
B.
In recommending the adoption of such proposed amendment, the Planning Board shall state its reasons for such recommendation, describing any condition 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 town's Land Use Plan 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.
C.
The Town Board shall not take final action on the
proposed amendment unless it has received the Planning Board's report,
except that if the Planning Board fails to report thereon within 30
days from the date of referral, the Town Board may act on the proposed
amendment without the Planning Board's report.
[Amended 8-11-1994 by L.L. No. 5-1994]
[Amended 8-11-1994 by L.L. No. 5-1994]
Where required under General Municipal Law §§ 239-l
and 239-m, the proposed amendment shall be forwarded to the Dutchess
County Department of Planning and Development prior to final action
thereon.
[Added 11-14-2002 by L.L. No. 1-2002]
Whenever undertaking any amendment, supplement or repeal of the Zoning Code of the Town of East Fishkill, the Town Board shall consider the statement of land use policies, principles and guidelines contained in the Greenway Connections, in its deliberative process, as set forth in Chapter 117 of this Code.
[Added 6-25-2009 by L.L. No. 1-2009; amended 6-22-2017 by L.L. No. 2-2017]
In addition to the publication of notices of public hearing
and the posting on the Town Clerk's bulletin board as set forth in
the Zoning Ordinance, the additional notice provisions shall be required.
A.
The
Town Clerk shall mail, by first class mail, a copy of the notice published
in the official newspaper of the Town to all owners of property within
500 feet of the property which is the subject of the proposed rezoning.
Said notice shall be mailed 20 days prior to the public hearing and
an affidavit of mailing shall be filed by the Clerk in her file at
least 10 days prior to the public hearing; and
B.
The
Town Board shall cause the applicant to post the property with the
notice advising the public of the public hearing. The posting will
be on a sign or signs as designated by the Town Board and obtained
by the applicant, and the shape, size and color shall be approved
by the Town Board. One sign will be posted for each 100 feet of road
frontage on all public roads abutting the property. When a property
has more than 200 feet of road frontage, then the Town Board shall
determine the number, size and placement of the signs to be posted
on the property. The postings shall be placed on the property at least
20 days before the public hearing. If the public hearing is adjourned,
the sign shall be revised to reflect the adjourned date within five
days of the adjournment. An affidavit attesting to the change of date
shall be filed with the Town Clerk. The notice required herein shall
be removed within five days of the close of the public hearing.
[Amended 9-8-1977 by L.L. No. 7-1977]
Every petition for an amendment to this chapter
shall be accompanied by a fee which shall be fixed from time to time
by the Town Board by resolution.
