Highland Town City Zoning Code
ARTICLE IX
Amendments
§ 190-80 Amendments.
A.
This chapter, or any part thereof, may be amended, supplemented, or repealed from time to time by the Town Board on its own motion or upon recommendation by the Planning Board.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 62 days after its next regularly scheduled meeting following the date of such referral.
B.
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:
(1)
Concerning a proposed amendment to or change in text of this chapter:
(a)
Whether such change is consistent with the aims and principles embodied in the laws as to the particular districts concerned.
(b)
Which areas, land uses, buildings, and establishments in the Town will directly be 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.
(2)
Concerning a proposed amendment involving a change in the Zoning Map:
(a)
Whether the uses are permitted by the proposed Article 16 of the Town Law.
(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 Town.
(d)
The effect of the proposed amendment upon the growth of the Town.
(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.
C.
Should any proposed amendment consist of or include any change in the boundaries of any district, which change would occur within a distance of 500 feet of the boundary of any Town, county or state park or parkway, the Town Clerk shall transmit to the designated office or official a copy of the official notice of the public hearing not later than 10 days prior to the date of the hearing. The designated official for the county shall be the Clerk of the County Legislature. In villages and towns, the designated official shall be the clerk of the municipality. The designated official for state parks and parkways is the Regional State Park Commissioner.
D.
Should any proposed amendment consist of or include any of the following conditions, the Town Clerk shall, prior to final action, refer the proposed amendment to the Sullivan County Planning Department in accordance with §§ 239-1 and 239-m of Article 12-B of the General Municipal Law.
(1)
Any change in the district classification of or the regulations applying to real property lying within a distance of 500 feet from:
(a)
The boundary of any village or Town.
(b)
The boundary of any existing or proposed county or state park or other recreational areas.
(c)
The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway.
(d)
The right-of-way of any existing or proposed stream or drainage channel owned by the county or for which the county has established channel lines.
(e)
The boundary of any existing or proposed county- or state-owned land on which a public building or institution is situated.
E.
In the case of protest against any amendment, such amendment shall not become effective except in accordance with the provisions of the Town Law.