This chapter or any part thereof, including
the Zoning District Map indicating the various district boundaries,
may from time to time be amended, supplemented, changed, modified
or repealed by the Town Board in the manner provided by §§ 264
and 265 of the Town Law.
An amendment to this chapter may be initiated
in one of three ways:
A.
By the Town Board upon its own motion.
B.
By resolution of the Town Planning Board, filed with
the Town Clerk, wherein certain changes to or repeal of certain provisions
of this chapter are recommended, in which case it shall be the responsibility
of the Town Board to act on such proposed amendment within 90 days
of the time such resolution is filed by the Town Planning Board in
the office of the Town Clerk.
C.
By petition duly signed and acknowledged from the
owners of 50% or more of the frontage in any zoning district or part
thereof requesting an amendment, supplement or change in the regulations
prescribed for such zoning district or part thereof, in which case
it shall be the duty of the Town Board to act upon such petition for
amendment within 90 days of the time such petition is filed by the
petitioners in the office of the Town Clerk. Said petition shall be
accompanied by the applicable fee in accordance with the fee schedule
established and annually reviewed by the Town Board.
A.
All proposed amendments, supplements or changes to
this chapter or the Town of Milton Comprehensive Plan originating
by petition or by motion of the Town Board shall be referred to the
Town Planning Board for a report and recommendation thereon. In undertaking
such review, the Town Planning Board shall make inquiries and provide
recommendations concerning the matters specified below:
(1)
Whether such change is consistent with the purposes
embodied in this chapter as applied to the particular zoning districts
concerned.
(2)
Which areas and establishments in the Town will be
directly affected by such change and in what way will they be affected.
(3)
Whether adequate public service 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 this chapter.
B.
The Town Planning Board shall submit its report within
30 days after receiving such referral from the Town Board. Failure
of the Town Planning Board to report within the required time period
shall be deemed to be a recommendation of approval of the proposed
amendment.
A.
Public notice and hearing. 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:
B.
Required referral. The Town Board shall transmit a
full statement of any proposed amendment, whether a map amendment
or a text amendment, that meets the referral requirements of §§ 239-l
and 239-m of the General Municipal Law to the Saratoga County Planning
Board for its review and recommendation. No action shall be taken
by the Town Board on such proposed amendment until a recommendation
has been received from the Saratoga County Planning Board or 30 days
have elapsed since said Saratoga County Planning Board received such
full statement.
C.
Compliance with SEQR. Proposed amendments are actions
subject to the provisions of the New York State Environmental Quality
Review Act. Prior to formal consideration and public hearing, the
Town Board shall make a determination as to the type of action, lead
agency status and environmental significance of the proposed amendment
in accordance with Article 8 of the Environmental Conservation Law.
D.
Town Board action. 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:
(1)
Action being taken is contrary to the advisory recommendation
received from the Saratoga County Planning Board under the provisions
of §§ 239-l and 239-m of the General Municipal Law;
or
(2)
In accordance with the provisions of § 265
of the Town Law, a protest petition against such amendment has been
duly signed and acknowledged by the owners of at least 20% of the
land area included in such proposed change or of that immediately
adjacent, extending 100 feet therefrom, or that directly opposite
thereto, extending 100 feet from the street frontage of such opposite
land.
In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements
adopted for the promotion of the public health, safety or the general
welfare. Whenever the requirements of this chapter are inconsistent
with the requirements of any other lawfully adopted rules, regulations,
ordinances or local laws, the more restrictive provisions or those
imposing the higher standards shall govern.
No site plan or special permit shall be approved
nor building permit or certificate of occupancy issued nor variance
granted under this chapter for any premises upon which there is an
existing violation of this chapter or any related Town, county or
state regulation governing either building construction or the use
of land and structures within the Town of Milton. This limitation
does not, however, prohibit such an approval, issuance or grant with
respect to a legal nonconforming use or legal noncomplying structure.
From time to time the Town Board shall conduct
a review of the effectiveness of the provisions of this chapter, including
the location of zoning district boundaries.
