Crawford City Zoning Code
ARTICLE IX
Amendment and Interpretation
§ 137-38 Amendments to chapter.
A.
All amendments to this chapter, including the Zoning Map,[1] shall be adopted in accordance with the provisions of the Town Law, Article 16, and the General Municipal Law, Article 12-B, of the State of New York, as amended.
[1]
Editor's Note: The Zoning Map is on file in the Clerk's office; the Table of Zoning Map Amendments is included at the end of this chapter.
B.
Proposed amendments which must be referred to the Orange County Planning Department shall be transmitted as soon as possible and in any case prior to the statutory public hearing. The Town Board shall reserve decision on all zoning amendments which must be referred to the Department until the Department presents its report, provided that such report is presented within a period of 30 days after the Orange County Planning Department received the referral or such additional time as mutually agreed.
C.
Referral to Planning Board. Every proposed amendment shall be referred by the Town Board to the Planning Board for its report and recommendation.
(1)
In its referral to the Planning Board, the Town Board shall set a time period within which the Planning Board shall forward its report and recommendation to the Town Board. If no report and recommendation is received by the end of the prescribed time period, the Town Board may either extend the time period or proceed with its consideration of the proposed amendment without the Planning Board's report and recommendation.
(2)
When the proposed amendment concerns the text of this chapter, the Planning Board shall consider:
(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 in what way they will be affected.
(c)
The indirect implications of such change in its effect on other regulations.
(d)
Whether such proposed amendment is consistent with the aims of the Comprehensive Plan of the Town.
(3)
When the proposed amendment concerns a change in the Zoning Map, the Planning Board shall consider:
(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 accord with any existing or proposed plans in the vicinity.
(d)
The effect of the proposed amendment upon the growth of the Town as envisaged by the Master 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 the probable effect thereof.
D.
Any petition for a change of zone shall include the following:
(1)
A map, accurately drawn to an appropriate scale, showing the area of land included in the proposed change, the streets in the immediate vicinity and the lands, with the name of the owner or owners thereof, immediately adjacent to and extending within 100 feet of all boundaries of said property.
(2)
At the Town Board's option, an eight inch x 10 inch photograph of the property for which the change is requested and photographs showing all properties within the one-hundred-foot limits as described above.
(3)
Three copies of the petition in addition to the original petition.
(4)
A fee as prescribed in the schedule of fees adopted by resolution of the Town Board.
[Added 8-14-1986 by L.L. No. 5-1986]
§ 137-39 Interpretation.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the purposes set forth herein. Except where expressly provided otherwise, it is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with any rule, regulation, law or ordinance of the Town of Crawford relating to the use of land or building; nor is it intended by this chapter to interfere with or abrogate or annul any easement, covenant or other agreement between parties; provided, however, that where this chapter imposes a greater restriction upon the use of land or buildings than are imposed or required by any other law, ordinance, rule or regulation, or by any easement, covenant or agreement, the provisions of this chapter shall control. In the event of conflict in the terminology of any section or part thereof of this chapter, the more restrictive provisions shall prevail.