Red Hook Town City Zoning Code
ARTICLE XI
Amendments
§ 143-139 Statutory procedure.
§ 143-140 Initiation.
An amendment to this chapter may be initiated in one of three ways:
By the Town Board upon its own motion.
By resolution of the Planning Board, filed with the Town Clerk, wherein certain changes to or a repeal of certain provisions of this chapter are recommended.
By petition duly signed and acknowledged from the owners of 50% or more of the frontage in any zoning district or part thereof requesting an amendment, supplement or change in the regulations prescribed for such zoning district or part thereof. Said petition shall be accompanied by the applicable fee in accordance with the fee schedule established and annually reviewed by the Town Board and by the necessary supporting documentation identified on a checklist available from the office of the Town Clerk.
§ 143-141 Report of Planning Board.
All proposed amendments, supplements or changes introduced by the Town Board and originating by petition or by motion of the Town Board shall be referred to the Planning Board for a period of 45 calendar days for a report and recommendation thereon. If the Planning Board fails to report its recommendation within such time period, the Town Board may act without such report.
In undertaking such review, the Planning Board shall make inquiry and provide recommendation concerning the matters specified below:
Whether such change is consistent with the purposes embodied in this chapter as applied to the particular zoning districts concerned.
Which areas and establishments in the Town will be directly affected by such change and in what way will they be affected.
Whether adequate public service and other support facilities exist or can be created to serve the needs of any additional development that may occur as a result of such change.
The indirect implications of such change in its effect on other regulations.
Whether such proposed amendment is consistent with the underlying objectives of this chapter.
Whether such proposed amendment is consistent with the Town Master Plan.
§ 143-142 Town Board procedure.
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 any proposed amendment introduced by the Board and cause notice thereof to be given as follows:
By providing a copy of such notice of any proposed change or amendment affecting property within 500 feet of any other municipality to the Clerk of such municipality at least 10 calendar days prior to the date of such public hearing.
In the case of a proposed Zoning District Map amendment: by providing a copy of such notice by first class US mail to both the owners of property directly affected by the proposed Zoning District Map amendment and those owners of property which either abuts or lies within 200 feet of lands affected by the proposed amendment, as such names appear on the last completed tax roll of the Town.[1]
[Amended 6-23-2010 by L.L. No. 1-2010]
[1]
Editor's Note: Former Subsection A(3)(b), regarding posting, which immediately followed this subsection, was repealed 4-10-2002 by L.L. No. 2-2002.
Required referral. The Town Board shall transmit a full statement of any proposed amendment introduced by the Board, whether a map amendment or a text amendment, that meets the referral requirements of §§ 239-l and 239-m of the General Municipal Law, to the Dutchess County Department of Planning for its review and recommendation. No action shall be taken by the Town Board on such proposed amendment until a recommendation has been received from the County Department of Planning or 30 calendar days have elapsed since said Department received such full statement.
Compliance with SEQRA. Proposed map and text amendments are both actions subject to the provisions of the New York State Environmental Quality Review Act. Prior to formal consideration and public hearing, the Town Board shall make a determination as to the type of action, lead agency status and environmental significance of the proposed amendment in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR 617. Any action to initiate an amendment to this chapter shall be specifically accompanied by either a short or full environmental assessment form as deemed appropriate by the Town Board pursuant to SEQRA, Article 8 of the Environmental Conservation Law, and 6 NYCRR 617.
Town Board action.
The Town Board may approve any such proposed amendment by a majority vote of said Board, except that a favorable vote of at least four members of the Town Board, i.e., a majority plus one, shall be required if:
In accordance with the provisions of § 265 of the Town Law, a protest petition against such amendment has been duly signed and acknowledged by the owners of at least 20% of the land area included in such proposed change or of that immediately adjacent extending 100 feet therefrom or directly opposite thereto, extending 100 feet from the street frontage of such opposite land.
If the action taken is contrary to the advisory recommendation of the Dutchess County Department of Planning, a report on the action shall be filed within seven calendar days thereof with said Department.
Filing requirement. Any amendment approved by favorable vote of the Town Board shall become effective immediately upon its filing in the office of the Secretary of State of the State of New York, in accordance with the applicable provisions of law, specifically § 27 of the Municipal Home Rule Law. The Town Board resolution adopting the amendment shall be entered into the minutes of the Town Board and, in the case of a Zoning District Map amendment, the amendment graphically depicted on the Zoning District Map filed in the Town Clerk's office.
§ 143-143 Escrow deposit for development review costs.
[Amended 1-15-2008 by L.L. No. 2-2008]
Reasonable and necessary costs incurred by the Town Board for professional review of a petition for a Zoning District Map or text amendment shall be charged to the applicant pursuant to Chapter 70 of the Red Hook Town Code. Such development review costs shall be in addition to the required application fee required in § 143-140C of this article.