Olive City Zoning Code
ARTICLE VIII
Amendments
§ 155-40 Adoption of amendments.
A.
The Town Board may, from time to time, on its own motion, on petition, or on recommendation of the Planning Board or Zoning Board of Appeals, amend, supplement, or repeal the regulations and provisions of this chapter in the manner provided by Town Law.
B.
Every such proposed amendment or change, except those initiated by the Planning Board, shall be referred to the Planning Board for report thereon before the public hearing provided by the Town Law. In recommending the adoption of any such proposed amendment, the Planning Board shall state its reasons for such recommendation, describing any condition that it believes makes the amendment advisable, and specifically setting forth the manner in which, in its opinion, the amendment would be in harmony with the comprehensive plan of land use for the town, and would be in furtherance of the purposes set forth in § 155-1 of this chapter. In recommending the rejection or revision of any proposed amendment, the Planning Board shall similarly state its reasons.
C.
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 "majority plus one" vote of the Town Board, provided that failure on the part of the Planning Board to report to the Town Board its recommendations 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 theretofore been terminated.
§ 155-41 Changes by Planning Board. [1]
The Planning Board, in accordance with Town Law § 278, may, simultaneously with the approval of any plat, make any reasonable change to the regulations established under this chapter with respect to the land so platted, such as that set forth in § 155-8 herein. Before the Planning Board shall make any such change, there shall be a public hearing preceded by the same notice as in the case of the approval of the plat itself. Once the plat is filed in the office of the County Clerk, such changes shall be and become part of the regulations of this chapter, shall take the place of any regulations established herein by the Town Board, shall be enforced in the same manner, and shall be similarly subject to amendment.
§ 155-42 Referrals to County Planning Board and other agencies. [1]
At least 30 days before the date of the public hearing required by law, the Town Board shall comply with the provisions of Article 12-B, §§ 239-l and 239-m of the General Municipal Law, as amended, and refer to the County Planning Board certain proposed amendments or changes to this chapter. Referrals to other agencies as may be required by law, such as the New York State Department of Environmental Conservation, the New York City Department of Environmental Protection and abutting municipalities shall also be carried out in accordance with the Town and General Municipal Laws.