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Hyde Park City Zoning Code

§ 108-34.1

Procedure.

A. 
The Town Board may, from time to time, on its own motion, on petition or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this chapter in the manner provided by the Town Law or the Municipal Home Rule Law. Any petition by a private party for a rezoning shall be accompanied by the fee set forth in the fee schedule adopted by the Town Board.
[Amended 8-24-2009 by L.L. No. 2-2009]
B. 
Referrals. The Town Clerk shall forward one copy of the proposed amendment to each of the following as applicable:
(1) 
The Dutchess County Department of Planning and Development: a full statement of the proposed action, as defined in § 239 of the General Municipal Law.
(2) 
Municipalities: the Town Board of each of the Towns of Lloyd, Esopus, Rhinebeck, Clinton, Pleasant Valley and Poughkeepsie.
(3) 
Transportation: the NYS Department of Transportation; Dutchess County Department of Public Works; Poughkeepsie-Dutchess County Transportation Council and Metro-North.
C. 
Planning Board report. Every such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board for its report thereon before the public hearing provided for by the Town Law.
(1) 
The date of the Town Board resolution to refer such proposed amendment or change to the Planning Board shall be deemed to be the initiation of proceedings. Failure on the part of the Planning Board to report its recommendation to the Town Board within 45 days after initiation of proceedings therefor shall be deemed approval thereof, unless such proceedings have been previously terminated by the Town Board or the petitioner.
(2) 
In recommending the adoption of any such proposed amendment, the Planning Board shall:
(a) 
State its reasons for such recommendation; describing any condition that it believes makes the amendment advisable.
(b) 
Specifically set forth the manner in which, in its opinion:
[1] 
The amendment would be in harmony with the Comprehensive Plan; and
[2] 
The amendment would be in furtherance of the purposes set forth in Article 1 of this chapter.
(3) 
In recommending the rejection or revision of any proposed amendment, the Planning Board shall similarly state its reasons.
D. 
SEQRA. The Town Board shall be considered to be the lead agency in any action initiated under these procedures.
E. 
Decision. No amendment of this chapter, of whatever nature, that has not been approved by the Planning Board shall be adopted except by at least a super-majority vote (four Town Board members) of the Town Board, provided that failure on the part of the Planning Board to report to the Town Board its recommendation on any proposed amendment initiated by proposed resolution or amendment of the Town Board within 45 days after initiation of proceedings therefor shall be deemed to be approval thereof, unless such proceedings have heretofore been terminated.