Hoosick Town City Zoning Code
ARTICLE XV
Amendments and Applicability
§ 247-65 Authorization.
This chapter or any part thereof, including the Land Use District Map, may be amended, supplemented, or repealed by the Town Board as provided by the Municipal Home Rule Law and §§ 264 and 265 of the Town Law.
§ 247-66 Amendment initiation.
An amendment to this chapter may be initiated in one of three ways:
A.
By the Town Board upon its own motion;
B.
By resolution of the Planning Board, filed with the Town Clerk, recommending change or repeal of specific provisions of this chapter; and
C.
By petition signed and acknowledged by any resident or property owner in the Town.
§ 247-67 Report of Planning Board.
All proposed amendments, supplements, or changes originating by petition or by motion of the Town Board shall be referred to the Planning Board for a report and recommendations. The Planning Board shall submit its report within 45 days after receiving such referral.
§ 247-68 Town Board procedure.
The Town Board, by resolution, shall fix the time and place of a public hearing on the proposed amendment and provide notice as follows:
A.
Public notice and hearing.
(1)
By publishing a notice at least 10 calendar days prior to the time of such hearing in the official newspaper of the Town, specifying:
(a)
The nature of the proposed amendment;
(b)
The land or district affected; and
(c)
The date, time and place where the public hearing shall take place.
(2)
By providing a copy of such notice to any proposed amendment affecting property within 500 feet of any other such municipality to the clerk of such municipality at least 10 calendar days prior to the date of the public hearing.
B.
Required referral. The Town Board shall transmit a full statement of any proposed amendment, either map or text, that meets the referral requirements of §§ 239-l and 239-m of the General Municipal Law to the Rensselaer County Economic Development and Planning Bureau for its review and recommendations. No action shall be taken by the Town Board on the proposed amendment until a recommendation has been received from said Bureau or 30 calendar days have elapsed since said Bureau received the full statement.
C.
Compliance with the New York State Environmental Quality Review Act. Proposed amendments are actions subject to the provisions of the New York State Environmental Quality Review Act. Prior to formal consideration and public hearing, the Town Board shall make a determination as to the type of action, lead agency status, and environmental significance of the proposal in accordance with Article 8 of the Environmental Conservation Law and the rules and regulations adopted there under.
D.
Town Board action. The Town Board may approve any such proposed amendment by a majority vote, except that a favorable vote of a majority plus one shall be required if:
(1)
The action being taken is contrary to the advisory recommendation received from the Rensselaer County Economic Development and Planning Bureau under the provision of §§ 239-l and 239-m of the General Municipal Law; or
(2)
In accordance with the provisions of § 265 of the Town Law, a protest against such amendment has been duly signed and acknowledged by the owners of at least 20% of the land area included in such proposed amendment, or of land immediately adjacent extending 100 feet there from, or of land that is directly opposite, extending 100 feet from the street frontage of the land included in the proposed amendment.
E.
Conformance with Town Comprehensive Plan. In all cases where the Town Board shall approve an amendment to the Land Use District Map, said Board shall find, for reasons fully set in its resolution, such amendment to be in conformity with the Town's Comprehensive Plan.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 247-69 Interpretation; conflict with other provisions.
The provision of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety, and general welfare, and protection of the environment. Whenever the requirements of this chapter are at variance with the requirements of any lawfully adopted rules, regulations, ordinances or local laws, the more restrictive provisions, or those imposing the higher standards, shall govern.
§ 247-70 Severability.
Should any section or provision of this chapter be decided by the courts to be unconstitutional or otherwise invalid, such decisions shall not affect the validity of this chapter as a whole or any other part of this chapter.
§ 247-71 Periodic review required.
At intervals of not more than five years, the Planning Board and Zoning Board shall conduct a review of the provisions of this chapter and shall submit a report of the review to the Town Board, recommending such changes or amendments, if any, which may be desirable in the interest of environmental protection, public safety, health, convenience, necessity or welfare. The Planning Board's failure to perform such review shall not affect the validity of any provision of this chapter.
§ 247-72 When effective.
This chapter shall become effective immediately upon its filing in the office of the Secretary of State of the State of New York in accordance with applicable provisions of the Municipal Home Rule Law.