Rhinebeck Town City Zoning Code
ARTICLE XII
Amendments
§ 125-129 Amendments authorized.
This chapter, or any part thereof, including the Zoning District Map indicating the various district boundaries, may from time to time be amended, supplemented, changed, modified or repealed by the Town Board by local law pursuant to the provisions of Article 3 of the Municipal Home Rule Law.
§ 125-130 Initiation.
An amendment to this chapter may be initiated in one of four ways:
A.
By the Town Board upon its own motion.
B.
By resolution of the Planning Board, filed with the Town Clerk, wherein certain changes to, or repeal of certain provisions of, this chapter are recommended.
C.
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 hereof.
D.
By application for a floating district approval.
§ 125-131 Legislative act.
Consideration of an amendment to this chapter will be deemed to be a legislative act. Nothing herein shall require the Town Board to accept for consideration or adoption any application or petition for amendment, any amendment recommended by the Planning Board, or by petition or by application for a Zoning District Map amendment, including a floating district. The determination by the Town Board to consider, enact or deny the proposed amendment shall be deemed to be a legislative act within the sole discretion of the Town Board, and such determination shall be made with due regard to the New York State Town Law's requirement that all land use controls shall be in accordance with the Town of Rhinebeck Comprehensive Plan.
§ 125-132 Report of Planning Board.
A.
In the event the Town Board determines to process the application for an amendment initiated on its own motion, by petition or by application, the proposed amendment shall be referred to the Planning Board for a report and recommendation thereon. In undertaking such review, the Planning Board shall make inquiry and provide recommendation concerning the matters specified below:
(1)
Whether such change is consistent with the purposes embodied in this chapter as applied to the particular zoning districts concerned.
(2)
Which areas and establishments in the Town will be directly affected by such change and in what way will they be affected.
(3)
Whether adequate public school facilities, other public services 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.
(4)
The indirect implications of such change in its effect on other regulations.
(5)
Whether such proposed amendment is consistent with the underlying objectives of this chapter.
(6)
Whether such proposed amendment is consistent with and furthers the goals and objectives of the Town of Rhinebeck Comprehensive Plan.
(7)
Whether the use(s) permitted by the proposed change would be appropriate in the area concerned.
(8)
Whether the proposed change is in accord with any existing or proposed plans in the vicinity.
(9)
The effect of the proposed amendment upon the growth of the Town as envisaged by the Town of Rhinebeck Comprehensive Plan.
(10)
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.
B.
The Planning Board shall submit its report within 60 calendar days after receiving such referral from the Town Board. Failure of the Planning Board to report within the required time period shall be deemed to be a recommendation of approval of the proposed amendment.
C.
In the event the application for an amendment is initiated by the Planning Board, the Planning Board shall include in its resolution its report and recommendation in accordance with the provisions of this article.
§ 125-133 Town Board procedure.
A.
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 amendment and cause notice thereof to be given as follows:
(2)
By providing a copy of such notice of any proposed change or amendment affecting property within 500 feet of any other municipality personally or by mail to the clerk of such municipality at least 10 calendar days prior to the date of such public hearing.
(3)
By providing a copy of such notice of any proposed change or amendment affecting property within 500 feet of the boundary of a county personally or by mail to the Clerk of the County Legislature or Clerk or Secretary of the County Executive or other person performing like duties at least 10 calendar days prior to the date of such public hearing.
[Amended 7-25-2016 by L.L. No. 5-2016]
B.
Required referral. The Town Board shall transmit a full statement of any proposed amendment (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 and Development 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 Dutchess County Department of Planning and Development or 30 calendar days have elapsed since said Department received such full statement. In the event that the Dutchess County Department of Planning and Development recommends modification thereof within such time period or at a later date prior to final action by the Town Board, the Town Board shall not act contrary to such recommendation except by the vote of a majority plus one of all the members after the adoption of a resolution fully setting forth the reasons for such contrary action. Within 30 calendar days after such final action, the Town Board shall file a report of the final action it has taken with the County Department of Planning and Development.
C.
Compliance with SEQRA. The Town Board, in its consideration of the amendment to the Zoning Law, shall be required to comply with the provisions of SEQRA prior to adoption.
[Amended 7-25-2016 by L.L. No. 5-2016]
D.
Town Board action.
(1)
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:
(a)
Action being taken is contrary to the advisory recommendation received from the Dutchess County Department of Planning and Development under the provisions of § 239-l or 239-m of the General Municipal Law; or
(b)
The provisions of § 265(1) of the Town Law regarding written protests to proposed map or text amendments to the Zoning Law shall not apply to the Town of Rhinebeck.
(2)
If the action taken is contrary to the advisory recommendation of the County Department of Planning and Development, a report on the action, setting forth the reasons for the contrary action, shall be filed with said Department within 30 calendar days of the final action.
E.
Filing fee. Each petition or application to amend this chapter shall be accompanied by a fee payable to the Town Clerk upon the filing thereof in an amount as determined by the Town's schedule of fees.
[Amended 7-25-2016 by L.L. No. 5-2016]
F.
Reimbursement for consulting fees. For any application for amendment initiated by petition or by application, the petitioner or the applicant, as the case may be, shall be required to comply with the provisions of Article XIV of this chapter regarding reimbursement to the Town for professional consulting fees and the establishment of an escrow account.
[Amended 7-25-2016 by L.L. No. 5-2016]