Dover City Zoning Code
ARTICLE X
Amendments
§ 145-69 Procedure.
A.
Initiation. The Town Board, from time to time, upon its own motion or upon application by one or more property owners, or resolution of the Planning Board or Zoning Board of Appeals, may amend this chapter as provided herein. A property owner or authorized agent may apply for amendment to this chapter by filing three complete sets of an application with the Town Board and two complete sets with the Planning Board. The application shall include a description of the property or properties affected, a map showing the property or properties affected and all properties within a radius of 500 feet of the exterior boundaries thereof and the applicable filing fee. In the case of a proposed amendment which would apply only to properties which are not immediately identifiable or to a class of properties including six or more identifiable properties, no properties need be identified as affected.
B.
Review by planning agencies. As an aid in analyzing the implications of proposed amendments and to coordinate the effect of such actions on intergovernmental concerns, the Town Board shall refer proposed amendments to the Town Planning Board and to the County Planning Department as required by §§ 239-l and 239-m of the General Municipal Law.
(1)
Referral to County Planning Board. No action shall be taken on proposals referred to the County Planning Board until its recommendation has been received or 30 days have elapsed after its receipt of the full statement of the proposed amendment, unless the county and town agree to an extension beyond the thirty-day requirement for the County Planning Board's review.
(2)
Referral to Town Planning Board. Every proposed amendment or change initiated by the Town Board or by petition (but not if initiated by the Planning Board) shall be referred to the Town Planning Board for report thereon prior to public hearing. If the Planning Board does not report within 30 days of such referral, the Town Board may take action without the Planning Board report. This period of time may be extended by agreement of the Town Board and Planning Board.
C.
Public hearing and notice. No proposed amendment shall become effective until after a public hearing thereon at which the public shall have an opportunity to be heard. The Town Board shall set, by resolution at a duly called meeting, the time and place for a public hearing on proposed amendments and shall cause public notice to be given as required by the laws of New York State and specified below. If a proposed amendment is initiated by petition, the petitioner shall be responsible for publication of notice and for notice to adjacent municipalities, if necessary.
(1)
Publication of notice in newspaper. Notice of the time and place of the public hearing shall be published at least 10 days in advance of such hearing in the official newspaper. 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 or places where copies of the proposed amendment may be examined and the time and place of the hearing.
(2)
Notice to adjacent municipalities. 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 clerk of such municipality at least 10 days prior to the date of public hearing. 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.
D.
Adoption. The Town Board may adopt amendments to this chapter by a majority vote of its membership, except in the case of local protest or disapproval by the County Planning Board as noted below.
(1)
Local protest. The favorable vote of 3/4 (i.e., four) of the Town Board members shall be required for passage of any amendment which is subject to a written protest signed by 20% or more of the owners of land in any of the following areas:
(2)
County disapproval. A majority-plus-one vote of all Town Board members shall be required to pass any proposal which receives a recommendation of disapproval from the County Planning Board prior to Town Board action, along with a resolution setting forth the reasons for such contrary action.
E.
Effective date. Unless the amendment provides for a different effective date, each amendment adopted by the Town Board shall take effect when filed with the Secretary of State of the State of New York pursuant to the Municipal Home Rule Law of the State of New York.