Colden City Zoning Code
ARTICLE XXV
Amendments
§ 108-129 General provisions.
The Town Board may, from time to time, on its own motion or on petition or on recommendation of the Town Planning Board, after proper public notice and public hearing, amend, supplement or repeal the regulations, provisions or boundaries of this chapter.
§ 108-130 Procedure.
A.
Petition for amendment.
(1)
Filing of petition. A petition to amend, change or supplement the text of this chapter or any zoning district as designated on the Zoning Map or any section thereof established herein shall be filed with the Town Clerk on forms obtained from the Town Clerk's office and shall be transmitted by the Town Clerk to the Town Board. On and after the effective date of this chapter, any petition to amend, change or supplement this chapter shall be accompanied by a filing fee in an amount as established by the Town Board.
(2)
Public hearings; official notice; recording. Unless otherwise provided, the provisions of § 20 of the Municipal Home Rule Law and subsequent amendments thereto pertaining to public hearings, official notice and proper recording of zoning actions taken by the Town Board shall apply to all amendments to this chapter.
B.
Referral to Planning Board. Each proposed amendment, except those initiated by the Town Planning Board, shall be referred to the Town Planning Board for an advisory report prior to the public hearing held by the Town Board. In reporting, the Town Planning Board shall fully state its reasons for recommending or opposing the adoption of such proposed amendment and, if it shall recommend adoption, shall describe any changes in conditions which it believes make the amendment desirable and shall state whether such amendment is in harmony with a master or comprehensive plan for land use in the town.
C.
Other referrals. Where required by law, a proposed amendment shall also be referred for comment to the Erie County Department of Environment and Planning and/or the New York State Department of Environmental Conservation prior to the public hearing held by the Town Board.
D.
Rehearing on petition. The disposition of a petition for amendment by the Town Board shall be final and disapproval or denial of the proposed amendment which has been denied by the Town Board shall not be considered by it, except for a vote to table or to receive and file, and no public hearing shall be held on such amendment within a period of one year from the date of such denial, unless the Town Planning Board shall submit a recommendation, with reasons stated therefor, certifying that there have been substantial changes in the situation which would merit a rehearing by the Town Board.