Newburgh Town City Zoning Code
ARTICLE XI
Amendments
§ 185-60 Procedure.
A.
Referral by Town Board to Planning Board. This chapter or any part thereof, including the Zoning Map[1] indicating the district boundaries, may from time to time be amended, supplemented, changed, modified or repealed by the Town Board in accordance with law. Every proposed amendment or change shall be referred by the Town Board to the Planning Board for its report and recommendations.
[1]
Editor's Note: The Zoning Map is included in the pocket at the end of this volume.
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 the text of the chapter:
(a)
Whether such change is consistent with the aims and principles embodied in the chapter as to the particular districts concerned.
(b)
Which areas and establishments in the Town will be directly 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 permitted by the proposed change would be appropriate in the area concerned.
(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 a change.
(c)
Whether the proposed change is in accord with any existing or proposed plans in the vicinity.
(d)
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.
Time limitation. If the Planning Board shall fail to make its report and recommendation within 30 days after referral, it shall be deemed to have approved such amendment.
D.
Public hearing. By resolution adopted at a stated meeting, the Town Board shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given as provided in applicable statutes.
E.
Referral to County Planning Department. Where the land involved in any proposed amendment lies within 500 feet of any municipal boundary; county or state park; the right-of-way of any existing or proposed county or state highway; the existing or proposed right-of-way of any county drainage channel; or the boundary of any county- or state-owned land on which a public building is situated, such application, accompanied by the notice of public hearing, shall be forwarded to the County Planning Department for review in accordance with the provisions of §§ 239-l and 239-m of Article 12-B of the General Municipal Law of the State of New York.
F.
Referral to adjacent municipality. 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 other municipality, or any change in the regulations prescribed for any district any portion of which is located within 500 feet of such boundary, the Town Clerk shall transmit to the Municipal Clerk of such other municipality a copy of the official notice of the public hearing thereof not later than the day after such notice appears in the official newspaper of the Town.
H.
Protests. In the case of a protest against an amendment signed by the owners of at least 20% of either the area of land included in the proposed change or the adjacent lands within 150 feet, such amendment shall not become effective except by favorable vote of at least 3/4 of the members of the Town Board.