Amendments by Town Board. The Town Board from time to time on its own motion or on petition by taxpayers, or on recommendation of the Planning Board, after public notice and hearing as prescribed by Town Law, may amend, supplement, modify, or repeal in whole or in part this chapter or the boundary of any district established by this chapter. Zoning law and map changes must be referred to the Rensselaer County Bureau of Economic Development and Planning as required under § 239 m of the New York State General Municipal Law.

Advisory report by Planning Board.

Amendments by Planning Board. In accordance with § 278 of the Town Law,[1] the Planning Board is empowered to make reasonable changes in this chapter simultaneously with the approval of a subdivision plat. Such changes shall not create a greater average density of coverage of the land than is permitted in the district or each of the districts wherein the plat lies. Furthermore, such changes shall safeguard the appropriate use of adjoining land and protect the public welfare. Upon approval of such plat and filing with the County Clerk or Registrar, such changes shall amend and become part of this chapter, shall be similarly subject to change and subject to review by court in accordance with § 57-78 and the Town Law.

Changes in zoning district boundaries. An amendment to this chapter involving a change in zoning district boundaries shall become effective only when such change has been duly adopted, drawn on the Official Zoning Map, and the proper entry recorded thereon in accordance with § 57-7.

Effective date. An amendment or change in this chapter shall take effect upon filing as prescribed by law.

Public hearing. No such change in text or zoning district boundary of this chapter shall become effective until after a public hearing is held in relation thereto at which the general public shall have an opportunity to be heard.

Newspaper notice of hearing. At least 10 days prior to the date of such public hearing, a notice of the time and place shall appear in a newspaper of general circulation in the Town. Such notice shall describe the area, boundaries, regulations, or requirements that such proposed change involves.

Written notice of change or amendment. At least 10 days prior to the date of said public hearing written notice of such change or amendment affecting property within 500 feet of the boundaries of any city, village, Town, county, or state park or parkway shall be given in the case of a city, village, or Town to the respective clerk, and in the case of a county to the Clerk of the Board of Supervisors or other person performing like duties, and in the case of any state park or parkway to the regional state park commission having jurisdiction. Such city, village, Town, county, state park, or parkway shall have the right to appear and to be heard at such public hearing with respect to any such proposed change or amendment, but shall not have the right of review by a court as provided in Article 78 of the Civil Practice Act. Written notice of a proposed change or amendment affecting property shown on the Official Zoning Map as a protectively zoned area of a housing project authorized under the Public Housing Law shall be given to the housing authority erecting or owning the project and to the government providing financial aid for assistance thereto, at least 10 days prior to the date of public hearing.

The owners of 20% or more of the area of the land included within such proposed change; or

The owners of 20% or more of the land immediately adjacent to but within 100 feet of the proposed change; or

The owners of 20% or more of the land directly opposite the street from the proposed change, extending 100 feet from the street frontage.

Such change or amendment thus protested shall require the favorable vote of 3/4 of the members of the Town Board to become effective.