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Caroga Town City Zoning Code

AMENDMENTS

PURPOSE

PURPOSE:

The purpose of this Article is to allow for amendments to this Ordinance.

    • INITIATION

    INITIATION:

    1. The Town Board may amend provisions of this Ordinance including the Zoning Map upon:

      1. Its own motion.

      2. A resolution submitted to it by the Planning Board or Zoning Board of Appeals requesting a specific Amendment.

      3. A petition signed by one or more property owners.

    2. A Petition for amending the Ordinance shall be submitted in triplicate to the Town Clerk with an application approved by the Town Board and any fee as may be established by the Town Board. All Petitions shall include:

      1. Name of property owner.

      2. If the Petition requests a change to the Zoning Map, a map accurately drawn to an appropriate scale showing the proposed zone district boundary changes, property lines, the calculated areas affected in acres or square feet, the road rights-of-way in the immediate vicinity, and the lands and names of owners immediately adjacent to and extending within 500 feet of all boundaries of the property to be rezoned.

      3. If the Petition requests a change in the Zoning Regulations, the existing language to be changed and the proposed new language.

      4. Written evidence that the Petitioner has notified by certified mail, return receipt request, all the property owners within 500 feet of all boundaries of all properties affected by a proposed zoning change.

    • REFERRALS

    REFERRALS:

    1. Adirondack Park Agency:

      1. The Town Board shall refer all proposed amendments to the Adirondack Park Agency (APA) for a determination as to whether the proposed amendment is subject to APA approval under Section 807 of the APA Act.

      2. If the amendment is found to be subject to APA review and approval, it shall not be enacted until such approval is granted by the APA.

    2. Planning Board:

      1. The Town Board shall refer all proposed Amendments to the Zoning Ordinance to the Planning Board for a recommendation except for those proposed amendments that are initially submitted to the Town Board by the Planning Board.

      2. No action shall be taken by the Town Board until it has received back a written recommendation from the Planning Board or 30 calendar days have elapsed unless the Town Board and Planning Board have agreed to extend this 30-day requirement.

    3. Fulton County Planning Board: 239-m Review:

      1. Any proposed amendment affecting real property within 500 feet of the boundary of the following shall be referred to the Fulton County Planning Board in accordance with Section 239-m of General Municipal Law:

        • The Town of Caroga.

        • The right-of-way of an existing or proposed County or State road.

        • The boundary of a County or State Park or other recreational area.

        • The boundary of any existing or proposed right-of-way for a stream or drainage channel owned by the County for which the County has established channel lines.

        • The boundary of any existing or proposed County or State-owned land on which a public building or institution is situated.

      2. No action shall be taken by the Town Board until it has received back a written recommendation from the Fulton County Planning Board or thirty (30) calendar days have elapsed unless the Town Board and Fulton County Planning Board have agreed to extend this 30-day requirement.

      3. If the Fulton County Planning Board does not submit back to the Planning Board a written recommendation within thirty (30) calendar days and no extension had been agreed to, a default approval of the proposed amendment shall have been granted.

      4. If the Fulton County Planning Board recommends modification or disapproval of a proposed amendment, the Town Board shall not act contrary to such recommendation except by a vote of a majority plus one of all the members thereof.

    • STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)

    STATE ENVIRONMENTAL QUALITY REVIEW (SEQR):

    1. Upon receipt of a proposed amendment, the Town Board shall conduct and complete a SEQR Review.

    • PUBLIC HEARING

    PUBLIC HEARING:

    1. The Town Board shall conduct a public hearing on all proposed amendments prior to taking any action.

    2. The Town Board shall set, by resolution, at a duly called meeting, the date, time and place for a public hearing and shall cause public notice of said public hearing to be published, posted and circulated as noted below:

      1. Publication of Notice in Official Newspaper:

        1. Notice of the time and place of the public hearing shall be published at least ten (10) days in advance of such hearing in the Town’s official newspaper.

        2. This notice shall provide a summary of the proposed amendment in such reasonable detail as will give adequate notice of its contents, indicating the place where a copy of the proposed amendment may be examined and the date, time and place of the public hearing.

      2. Notice to Adjacent Municipalities:

        1. Written notice of any proposed amendment affecting property lying within 500 feet of an adjacent town shall be served in person or by mail upon the Town Clerk of such municipality at least ten (10) days prior to the date of public hearing.

        2. Representatives of neighboring municipalities receiving notification of a proposed amendment shall have the right to appear and be heard at the public hearing thereon, but shall not have the right to review by a court.

      3. Notice to Adjacent Property Owners:

        1. Where a proposed amendment involves a rezoning of a particular parcel or parcels of property, written notice of any proposed amendment affecting such property shall be mailed to the owners of parcels of property adjacent to the property that is subject of the proposed rezoning.

      4. Other Notices:

        1. Written notice of any proposed amendment affecting property lying within 500 feet of the following shall be served personally or by mail to each person or entity listed below:

          1. The property of a housing authority, erecting or owning a housing project authorized under the Public Housing Law, upon the executive director of such housing authority and the chief executive officer of the municipality providing financial assistance thereto.

          2. The boundary of a County, upon the clerk of the Board of Supervisors or other person performing like duties.

          3. The boundary of a state park or parkway, upon the Regional State Park Commission having jurisdiction over such state park or parkway.

        2. If a proposed amendment is initiated by a petition, the petitioner shall be responsible for the circulation of these required notices and the costs of publication.

    • TOWN BOARD DECISION

    TOWN BOARD DECISION:

    1. The Town Board, in deliberating on whether to adopt a proposed amendment to this Ordinance, shall consider the proposed amendment in relation to the Town’s Comprehensive Plan and shall adopt the proposed amendment only if it is determined by the Town Board to be consistent and in accordance with the Town’s Comprehensive Plan.

    2. The Town Board may approve or disapprove all proposed amendments by a majority vote of its total membership except in the case of local protest as stipulated in Section VII or disapproval by the Fulton County Planning Board as stipulated in Section III(3)(c).

    • LOCAL PROTEST

    LOCAL PROTEST:

    1. If a written protest against a proposed amendment, supplement or change is presented to the Town Board, duly signed and acknowledged, by the owners of 20 percent or more of the area of the land included in such proposed change, or by the owners of 20 percent or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not be passed except by the favorable vote of a majority plus one of the Town Board.

    • RECORD OF DECISION

    RECORD OF DECISION:

    1. All amendments approved by the Town Board to the Ordinance (excluding any map changes) shall be entered in the minutes of the Town Board. The minutes shall describe and refer to any map adopted in connection with such change, amendment or supplement.

    2. A copy, summary or abstract thereof (exclusive of any map incorporated therein) shall be published once in a newspaper of the Town and affidavits of the publication thereof shall be filed with the Town Clerk.

    3. The Town Clerk shall maintain a record of the zoning map and all amendments made to it in connection with the Ordinance.

    • EFFECTIVE DATE OF AMENDMENTS

    EFFECTIVE DATE OF AMENDMENTS:

    1. All amendments shall take effect upon filing in the office of the Town Clerk.

    • PERIODIC REVIEW

    PERIODIC REVIEW:

    1. Not later than March 31 of each year, the Planning Board, in consultation with the Code Enforcement Officer and Board of Appeals, shall reexamine the provisions of this Ordinance and the location of district boundary lines and shall submit a report to the Town Board recommending such changes or amendments, if any, which may be desirable in the interest of public safety, health, convenience, necessity or general welfare.