Phelps Town City Zoning Code
ARTICLE XIII
Amendments
§ 145-67 Town Board authority to amend.
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 after public notice and hearings as provided by § 265 of the Town Law of the State of New York.
§ 145-68 Review by Planning Board.
Every such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board for report thereon before the public hearing hereinafter provided for. If the Planning Board shall fail to submit such report within 30 days after referral, it shall be deemed that the Planning Board has approved the proposed amendment or change.
§ 145-69 Public notice and hearing.
The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendments and shall cause notice to be given as follows:
Public notice. By publishing a notice at least 10 days in advance of such hearing in the official Town newspaper of the Town of Phelps; such notice shall state the general nature of the proposed amendment in such reasonable detail as will give adequate notice of its contents and shall name the place or places where copies of the proposed amendment may be examined.
Personal notice.
A copy of such notice shall be mailed to every association of residents of the Town which has registered its name for this purpose with the Town Clerk.
A written notice of any proposed change or amendment affecting property within 500 feet of the boundary of any state park shall be given to the regional State Park Commission having jurisdiction over such state facility at least 10 days prior to the date of such public hearing.
A written notice of any proposed change or amendment affecting property within 500 feet of the boundary of any city, village, Town or county shall be given to the Clerk of such municipality and to the Clerk of the Board of Supervisors at least 10 days prior to the date of such hearing.
Opportunity to be heard. At the public hearing, full opportunities to be heard shall be given to any citizen and all parties in interest.
Adoption after protest. The favorable vote of at least four members of the Town Board shall be required before the passage of an amendment which is protested by the owners of 20% or more of the area of:
Changes, amendments or supplements. All changes, amendments or supplements to this chapter and to the Zoning Map, which forms a part hereof, shall be adopted in accordance with the provisions of § 265 of the Town Law of New York State.