Montgomery Town City Zoning Code
§ 235-16.11
Amendments.
A.
The Town Board may from time to time on its own motion or on petition, or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this chapter, including the Zoning Map, after public notice and hearing in accordance with state law.
B.
All of the within amendments to the Zoning Law of the Town of Montgomery may be recodified, where necessary, to improve the clarity of the presentation of the entire Zoning Law of the Town of Montgomery, as amended.
C.
Zoning Map amendments.
(1)
Petitions for amendments of the Zoning Map shall be submitted in quadruplicate to the Town Clerk with an application fee per the current fee schedule.[1]
[1]
Editor's Note: The Town Fee Schedule is included as an attachment to this chapter.
(2)
Any petition for a change in the Zoning Map shall include the following:
(a)
The name of the property owner.
(b)
A map accurately drawn to an appropriate scale, showing the proposed zone district boundary changes, property lines, the calculated areas affected in acres or square feet, the street rights-of-way in the immediate vicinity, and the lands and names of owners immediately adjacent to and extending within 100 feet of all boundaries of the property to be rezoned and a map showing the requested change drawn to the scale of the Official Zoning Map.
(c)
A metes and bounds description of the proposed amendment.
D.
The Town Board, by resolution adopted at a stated meeting, may fix the time and place of a public hearing on the proposed amendments and cause notice to be given.
E.
Every such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board for report before the public hearing is held thereon.
F.
Proposed amendments that must be referred to the Orange County Planning Department under the provisions of § 239-m of Article 12-B of the General Municipal Law shall be transmitted as soon as possible and in any case prior to the public hearing.
G.
The Town Board may require a petitioner to give additional forms of public notice or notice to adjacent property owners.
H.
The Town Board body shall reserve decision on all zoning amendments or changes which must be referred to the Orange County Planning Department until its report has been presented, provided that such report is presented within a period of 30 days after the Orange County Planning Department receives such referral.
I.
If required by the Town Board upon adoption of a change in the Zoning Map, the municipality or the petitioner shall cause a monument to be placed at one location on the property's street frontage and also file with the Municipal Clerk and the Building Inspector copies of an accurate survey description and drawing of the area affected by such amendment.