Pierrepont Town City Zoning Code
ARTICLE VII
Amendments to the Zoning Regulations
§ 205-27 Amendments and rezoning.
A.
Amendments. The Town Board may, on its own motion, on petition or on recommendation of the Town Planning Board, amend this chapter pursuant to the applicable requirements of law.
B.
Referral to Town Planning Board.
(1)
All proposed amendments shall be referred to the Planning Board for a report and recommendation prior to taking final action. The Planning Board shall submit its report to the Town Board within 45 days after receiving such referral. Failure of the Planning Board to report within the required time shall be deemed to constitute their recommendation for approval of the proposed amendment.
(2)
In making such report recommending to approve, modify or disapprove the proposed amendment, the Planning Board shall determine the following:
(a)
Whether such change is consistent with the goals and objective of this chapter as listed in Article I, § 205-4;
(b)
Whether such change is consistent with the principles and spirit of the Community Plan of the Town; and
(c)
For proposed map amendments, whether the uses permitted by the proposed rezoning would be appropriate in the area concerned, considering land use compatibility with existing land uses, adequacy of public services and highway safety and function.
C.
Publication of meeting notice. At least 10 days prior to the public hearing to consider zoning amendments, a notice of the time and place of such hearing shall be published in a paper of general circulation in such Town.
D.
Service of written notice. At least 10 days prior to the date of the public hearing, written notice of any proposed regulations, restrictions or boundaries of such districts, including any amendments thereto, affecting property within 500 feet of the following shall be served personally or by mail by the Town upon each person or persons listed below:
(1)
The property of the housing authority erecting or owning a housing project authorized under the public housing law; upon the executive director of such housing authority and the chief executive officer of the municipality providing financial assistance thereto.
(2)
The boundary of a city, village or Town; upon the Clerk thereof.
(3)
The boundary of a county; upon the Clerk of the Board of Supervisors or other person performing like duties.
(4)
The boundary of a state park or parkway; upon the Regional State Park Commission having jurisdiction over such state park or parkway.
E.
Additional requirements. The procedural requirements set forth herein shall be in addition to the requirements of the provisions of §§ 239-l and 239-m of the General Municipal Law relating to review by a county, metropolitan or regional Planning Board; the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations which are codified in Title 6, Part 617, of the New York Codes, Rules and Regulations and any other general laws relating to land use and any amendments thereto.
F.
Public hearing. The public, including those served notice pursuant to Subsection C of this section, shall have an opportunity to be heard at the public hearing. Those parties set forth in Subsection D(1) through (4) of this section, however, shall not have the right of review by a court as hereinafter provided.
G.
Town Board vote. After the public hearing and consideration of Planning Board recommendations, a majority vote of the Town Board membership shall be required to amend this chapter. In the case of a Country Planning Board recommendation to disapprove or modify the proposal, a majority-plus-one vote of the full membership is necessary to act contrary to such recommendation. In the case of protest against such change signed by the owners of 20% or more of the land area included in the proposed change or immediately adjacent within 100 feet of such affected area, such proposed amendment shall not become effective except by the favorable vote of at least 3/4 of the members of the Town Board.
H.
Filing and effective date. Upon adoption or approval of a modification to this chapter, the Town Board must file a copy with the Town Clerk and shall publish the law or amendment or a summary or abstract thereof in a newspaper designated by the Town Board as having general circulation in the Town.
(1)
The Town Board shall also file the law or amendment thereof with the office of the Secretary of State. The law or amendment shall take effect upon filing with the office of the Secretary of State or 10 days after publication of the amendment, whichever occurs later.