Hamptonburgh Town City Zoning Code
ARTICLE XI
Amendments
§ 150-37 Amendments authorized.
This chapter or any part thereof may be amended, supplemented or repealed from time to time by the Town Board, on its own motion, or upon recommendation by the Planning Board. Prior to public hearing, every such proposed amendment shall be referred by the Town Board to the Planning Board for a report. The Town Board shall not take action on any such amendment without such report from the Planning Board unless the Planning Board fails for any reason to render such report within 45 days following the date of such referral.
§ 150-38 Report of the Planning Board.
In making such report on a proposed amendment, the Planning Board shall make inquiry and determination concerning the items specified below:
A.
Concerning a proposed amendment to or change in the text of this chapter:
(1)
Whether such change is consistent with the aims and principles embodied in this chapter as to the particular districts concerned.
(2)
Which areas, land uses, buildings and establishments in the Town will be directly affected by such change and in what was they will be affected.
(3)
The indirect implications of such change in its effect on other regulations.
(4)
Whether such proposed amendment is consistent with the aims of the Master Plan of the Town.
B.
Concerning a proposed amendment involving a change in the Zoning Map:
(1)
Whether the uses permitted by the proposed change would be appropriate in the area concerned.
(2)
Whether adequate public school facilities and other public facilities and services, including roads, exist or can be created to serve the needs of additional residents or other uses likely to be constructed as a result of such change.
(3)
Whether the proposed change is in accord with any existing or proposed plans in the vicinity.
(4)
The effect of the proposed amendment upon the growth of the Town as envisaged by the Master Plan.
(5)
Whether the proposed amendment is likely to result in an increase or decrease in the total residential capacity of the Town and the probable effect thereof.
§ 150-39 Public hearing, notice.
By resolution adopted at a meeting of the Town Board, the Town Board shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given in accordance with the provisions of § 264 of Article 16 of the Town Law. All notices of public hearing shall specify the nature of any proposed amendment, the land or district affected and the date when and the place where the public hearing will be held. At least 10 days' notice of the time and place of such hearing shall be published in the official newspaper.
§ 150-40 Notice of hearing to certain officials.
A.
If any proposed amendment consists of or includes either of the following two conditions, the Town Clerk shall transmit to the designated office or official a copy of the official notice of the public hearing not later than three days prior to the date of the hearing:
[Amended 4-13-1999 by L.L. No. 1-1999]
(1)
Any change in the boundaries of any district, which change would occur within a distance of 500 feet of the boundary of any village or Town or a state or county road or facility.
(2)
Any change in the regulations prescribed for any district, any portion of which is located within 500 feet of the boundaries listed in Subsection A(1) above.
B.
The designated official for counties shall be the Clerk of the County Legislature. In villages and Towns, the designated official shall be the Clerk of the municipality.
§ 150-41 Referral to County Planning Board.
If any proposed amendment consists of or includes any of the following conditions, the Town Clerk shall, prior to any final action, refer the proposed amendment to the Orange County Planning Board:
A.
Any change in the district classification of or the regulations applying to real property abutting:
(1)
The boundary of any village or Town;
(2)
The boundary of any state or county park or other recreation area;
(3)
The right-of-way of any state parkway, thruway, expressway or other state highway or county road or parkway;
(4)
The right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or
(5)
The boundary of any county or state-owned land on which a public building or institution is located.
§ 150-42 Protests against amendment.
In case of a protest against any amendment pursuant to the provisions of § 265 of Article 16 of the Town Law, such amendment shall not become effective except in accordance with the provisions of § 265 of Article 16 of the Town Law.