Esopus City Zoning Code
ARTICLE X
Amendments
§ 123-49 Authority to amend.
A.
The Town Board may, from time to time, amend, supplement or repeal, in whole or in part, this chapter, including the Zoning Map, in accord with the procedures set forth in §§ 123-50 and 123-51 below. Such amendment shall be adopted by majority vote of the Town Board, except as specified in §§ 123-49B and 123-51B, and may be initiated in the following ways:
(1)
By the Town Board on its own motion.
(2)
On the recommendation of the Planning Board or the Zoning Board of Appeals.
(3)
By the filing of a petition by Town taxpayers or residents, on a form prescribed by the Town Clerk, describing such proposed amendment, accompanied by a fee in accord with a schedule established by the Town Board.
B.
If a duly signed and acknowledged protest against a proposed amendment to this chapter is submitted to the Town Board by any one of the following, it shall not become effective except by a favorable vote of 3/4 of the members of the Board.
(1)
The owners of 20% or more of the area of the land included in such proposed change; or
(2)
The owners of 20% or more of the land immediately adjacent to such proposed change, extending 100 feet therefrom; or
(3)
The owners of 20% or more of the land directly opposite such proposed change, extending 100 feet from the street frontage of such opposite land.
§ 123-50 Procedures.
A.
Public hearing. No change in the text or zoning district boundary of this chapter shall become effective until a public hearing is held in relation thereto at which the general public shall have an opportunity to be heard.
B.
Newspaper notice of hearing. At least 10 days prior to the date of each such public hearing, a notice of the time and place shall appear in the official newspaper of the Town. Such notice shall describe the area, boundaries, regulations or requirements that such proposed change involves.
C.
Referrals. All proposed changes to this chapter or Zoning Map shall be referred to the appropriate body as set forth in § 123-51.
D.
Publication and posting. Every amendment to this chapter, including any map incorporated therein, adopted in accordance with the Town Law shall be entered in the minutes of the Town Board, and a copy or summaries thereof, exclusive of any map incorporated therein, shall be published once in a newspaper of general circulation in the Town. In addition, a copy of such law or amendment, together with a copy of any map incorporated therein, shall be posted conspicuously at or near the office of the Town Clerk in accordance with Town Law. Affidavits of the publication and posting thereof shall be filed with the Town Clerk.
E.
Effective date. An amendment or change in this chapter shall take effect 10 days following publication and posting in accordance with § 123-50D and filing of the local law with the Secretary of State in accord with Article 3 of the Municipal Home Rule Law.
§ 123-51 Referrals.
A.
Referral to the Planning Board.
(1)
Procedure. All proposed amendments originated by petition or motion of the Town Board shall be referred to the Town of Esopus Planning Board 10 days prior to the required public hearing for a report and recommendations thereon. If the Planning Board shall not have made its final report within a period of 45 days from the date of receipt of notice or such longer time as may have been agreed upon by it and the Town Board, the Town Board may proceed to final action.
(2)
Planning Board report. In preparing a report on a proposed amendment, the Planning Board shall consider the following:
(a)
Whether such change is consistent with the objectives and purposes of the district(s) to be affected. The nature and location of uses and buildings to be affected and the manner in which they will be affected.
(b)
Whether uses permitted by the proposed change will be appropriate in the affected area(s).
(c)
The effect of the change on existing or proposed public facilities and services, such as schools, streets, utilities, etc.
(3)
Planning Board disapproval. If the Planning Board disapproves the proposed amendment and recommends modification thereof, the Town Board shall not act contrary to such disapproval or recommendation except by the adoption of a resolution fully setting forth the reasons for such contrary action.
B.
Referral to the County Planning Board.
(1)
The Town Board shall transmit a full statement of any proposed amendment that meets the referral requirements of §§ 239-I, 239-m, and 239-n of the General Municipal Law to the Ulster County Planning Board (UCPB) for its review. No action shall be taken by the Town Board on such proposed amendment until a recommendation has been received from the UCPB or 30 calendar days have elapsed since the UCPB received such full statement or such longer time as may have been agreed upon by it and the Town Board.
(2)
Town Board action.
(a)
Pursuant to § 239-m of the General Municipal Law, if the UCPB fails to report its recommendations within 30 days after receipt of a full statement of such referred material or such longer time as may have been agreed upon by it and the Town Board, the Town Board shall construe such inaction as approval of the proposed zoning action and may act without such a report. However, when such report is received two or more days prior to the final action, the Town Board shall be subject to the requirements of § 123-51B(2)(b) below.
(b)
Effect of negative report. If the UCPB disapproves the proposed amendment or recommends modification thereof, the proposed amendment shall not become effective except by a vote of a majority plus one of all members of the Town Board and after the adoption of a resolution fully setting forth the reasons for such action.