Hillsdale City Zoning Code
ARTICLE XII
Amendments
§ 245-81 Authority.
The Town Board may, at any time, on its own motion, on petition by any official or member of the public, or on recommendation of the Planning Board, amend, supplement, modify, or repeal the provisions of this chapter after public notice and hearing, as required by the Laws of New York State.
§ 245-82 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 and county planning agencies as required by this chapter and by the laws of New York State.
A.
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.
B.
Referral to County Planning Board.
(1)
Any proposed amendment affecting real property within 500 feet of the boundary of the Town of Hillsdale or the boundary of any existing or proposed county or state park or other recreational area or the right-of-way of any existing or proposed county or state roadway, or the boundary of any existing or proposed right-of-way for a stream or drainage channel owned by the county, and for which the county has established channel lines, or the boundary of any existing or proposed county- or state-owned land on which a public building or institution is situated, shall be referred to the Columbia County Planning Board before final action is taken pursuant to General Municipal Law, Article 12-B §§ 239-l and 239-m, as amended.
(2)
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.
§ 245-83 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.
A.
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 specify the general nature 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Posting. Notice of the time and place of the public hearing shall be posted at least five days in advance of such hearing on the bulletin board of the Town Clerk located at the Town Hall. This notice should specify the general nature 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.
C.
Notice to adjacent municipalities. Written notice of any proposed amendment affecting property lying within 500 feet of an adjacent Town shall be served personally 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.
Notice to Taconic State Park Commission. Written notice of any proposed amendment affecting property lying within 500 feet of a state park or parkway shall be served personally or by mail upon the Taconic State Park Commission at least 10 days prior to the date of public hearing. Representatives of the Taconic State Park Commission 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.
§ 245-84 Adoption of amendments.
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.
A.
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:
B.
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 because of the referral process specified in § 245-82B above, along with a resolution setting forth the reasons for such contrary action.
§ 245-85 When effective.
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 Municipal Home Rule Law of the State of New York.