This chapter, or any part thereof, may be amended,
supplemented or repealed, from time to time, by the Town Board on
its own motion, on petition or upon recommendation by the Planning
Board as provided in Article 16 of the Town Law. Every such proposed
amendment shall be referred by the Town Board to the Planning Board
for a report before the public hearing.
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) Text. Concerning a proposed amendment to or change
in text in the law:
(a)
Whether such change is consistent with the aims
and principles embodied in this chapter as to the particular districts
concerned.
(b)
Which areas and establishments in the Town will
be directly affected by such change and what way they will be affected.
(c)
The indirect effect of such change on other
regulations.
(d)
Whether such proposed amendment is consistent
with the alms of the Comprehensive Development Plan of the Town.
(2) Map. 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 accordance
with the 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 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 probable effect there.
B. Fee. Each petition for a zoning amendment shall be accompanied by a fee set from time to time by the Town Board in Chapter
A212, Fees, 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. Notice of public hearing. By resolution adopted at
a stated meeting, 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 Article 16 of the Town
Law.
D. Notification of adjacent municipality. Should any
proposed amendment consist of or include either of the following conditions,
the Town Clerk shall transmit to the municipal Clerk of such other
municipality a copy of the official notice of the public hearing thereof
not later than the day after such notice appears in the official newspaper
of the Town:
(1) Any change in the boundaries of any district, which
change would occur within a distance of 500 feet of the boundary of
any other municipality; or
(2) Any change in the regulations prescribed for any district
any portion of which is located within 500 feet of such boundaries.
F. Contents of notice. All notices of public hearing
shall specify:
(1) The nature of any proposed amendment;
(2) The land or district affected; and
(3) The date when, and the place where the public hearing
will be held.
G. Protest. In the case of a protest against any amendment,
such amendment shall not become effective except in accordance with
the provisions of Article 16 of the Town Law.
H. Conformity with Comprehensive Development Plan. In
all cases where the Town Board shall approve an amendment to the Zoning
Map, said Board shall state, in writing, whether the amendment conforms
to the Comprehensive Development Plan for the Town of Greenville.
If said amendment does not conform to said Plan, the reasons for the
decision shall be fully set fort h in writing.