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Bethlehem City Zoning Code

ARTICLE XI

Amendments

§ 128-92 Procedure.

A. 
The Town Board may from time to time, on its own motion, on petition or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this chapter in the manner provided by Town Law.
B. 
State Environmental Quality Review Act (SEQRA). The Town Board shall be considered to be the lead agency in any action initiated under these procedures.
C. 
The Town Board, by resolution adopted at a regular or special meeting, shall fix the time and place of a public hearing on the proposed amendment and cause 10 days' public notice thereof to be given stating the purport of the proposed amendment.
D. 
Decision. An amendment that has been approved by the Planning Board shall be adopted by a simple majority of the Town Board. No amendment of this chapter that has not been approved by the Planning Board shall be adopted except by a super-majority vote (majority plus one) of the full Town Board membership.
E. 
Whenever the majority of the taxpayers in any district shall present to the Town Board a petition duly signed and acknowledged requesting an amendment, supplement, change, modification or repeal of the regulations prescribed for such district, or of the Zoning Map including such district, it shall be the duty of the Town Board to hold a public hearing thereon and cause notice thereof to be given in the manner prescribed above.

§ 128-93 Referral to Planning Board.

Every such proposed amendment or change, unless initiated by the Planning Board, shall be referred to the Planning Board for its report thereon before the public hearing provided for by Town Law. The date of the Town Board resolution to refer such proposed amendment or change to the Planning Board shall be deemed to be the initiation of proceedings. Failure on the part of the Planning Board to report its recommendation to the Town Board within 45 days after initiation of proceedings therefor shall be deemed approval thereof, unless such proceedings have been previously terminated by the Town Board or by the petitioner.
A. 
In recommending the adoption of any such proposed amendment, the Planning Board shall:
(1) 
State its reasons for such recommendation, describing any condition that it believes makes the amendment advisable.
(2) 
Specifically set forth the manner in which, in its opinion:
(a) 
The amendment would be in harmony with the Comprehensive Plan; and
(b) 
The amendment would be in furtherance of the purposes set forth in Article I of this chapter.
(3) 
In recommending the rejection or revision of any proposed amendment, the Planning Board shall similarly state its reasons.
B. 
Nothing herein shall be construed to prevent the Town Board from acting on a proposed amendment prior to receipt of the Planning Board's recommendation as specified in Subsection A of this section; provided, however, that the proposed amendment shall be adopted by a super-majority vote (majority plus one) of the full Town Board membership.

§ 128-94 Other referrals.

The Town Clerk shall forward one copy of the proposed amendment to each of the following as applicable:
A. 
County. The Albany County Department of Planning together with a full statement of the proposed action, as defined in § 239-m of the General Municipal Law.
B. 
Municipalities. Each of the municipalities adjoining the Town of Bethlehem.