This chapter, or any part thereof, including
the Land Use Map indicating the various district boundaries, may from
time to time be amended, supplemented, changed, modified or repealed
by the Town Board. It must be done in the manner provided by §§
264 and 265 of the Town Law, and the procedures more particularly
set forth in this article.
An amendment to this chapter may be initiated
in one of three ways:
A.
By the Town Board upon its motion;
B.
By resolution of the Planning Board or Zoning Board
of Appeals, filed with the Town Clerk, or by petition filed with the
Town Clerk duly signed and acknowledged from the owners of 10% or
more of the land area in any district, wherein certain changes to
or repeal of certain provisions of this chapter are recommended;
C.
By a committee appointed by the Town Board for the
purpose of amending this Land Use Law.
A.
All proposed amendments, supplements or changes originating
by petition or by motion shall be referred to the Planning Board for
a report and recommendation thereon. In undertaking such review, the
Planning Board shall make inquiry and provide recommendation concerning
the items specified below:
(1)
Whether such change is consistent with the purposes
embodied in this chapter as applied to the particular districts concerned;
(2)
Which area and establishments in the Town will be
directly affected by such change and in what way will they be affected;
(3)
Whether adequate public services 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 the Town Master Plan.
B.
The Planning Board shall submit its report within
35 days after receiving such referral. Failure of the Planning Board
to report within the required time shall be deemed to be a recommendation
of approval of the proposed amendment.
A.
Public notice of hearing.
(1)
The Town Board by resolution adopted at a stated meeting
shall fix the time and place of a public hearing on the proposed amendment
and cause notice thereof to be given as follows:
(a)
At least 10 days prior to the date of such public
hearing, a notice of the time and place of such hearing shall appear
in a newspaper of general circulation in the Town. Such notice shall
describe the area, boundaries, regulations or requirements that such
proposed change involves, according to § 265 of the Town Law.
(b)
Notice of any proposed change or amendment affecting
property within 500 feet of any other municipality, state park or
parkway shall be provided to the clerk of such municipality(ies) at
least 10 calendar days prior to the date of such public hearing.
(2)
Written notice of such proposed change or amendment
affecting property within the protectively zoned area of a housing
project authorized under the Public Housing Law shall be given at
least 10 calendar days prior to the date of such hearing.
B.
Required referral. If applicable, the Town Board shall
transmit a full statement of any proposed amendment, either map or
text, that meets the referral requirements of § 239-m of the
General Municipal Law to the Saratoga County Planning Board for its
review and recommendation.
The Planning Board shall comply with the requirements
of the State Environmental Quality Review Act (SEQRA) in reviewing
the proposal. If the time schedule for SEQRA is different, the schedule
should be modified for SEQRA for projects that are subject to an environmental
impact statement.
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 action being taken is contrary to the
advisory recommendation received from the Town Planning Board or from
the County Planning Board under the provisions of § 239-m of
the General Municipal Law.
