Rosendale City Zoning Code
ARTICLE IX
Amendments
§ 75-47 Procedure.
The Town Board may, from time to time, on its own motion or on petition or on recommendation from the Planning Board, amend the regulations and districts established under this chapter after public notice and hearing in each case. All petitions for any amendments of the regulations of districts herein established shall be filed, in writing, on a form required by the Town Board.
A.
Petition fees. A petition for an amendment of the regulations or districts established under this chapter shall be accompanied by a fee in accord with a schedule adopted by the Town Board.
B.
Professional review expenses. Applicants shall be responsible for professional review expenses as set forth in Article XII, Professional Review Expenses, in addition to any filing fees set forth herein.
[Amended 5-13-2009 by L.L. No. 3-2009]
C.
Environmental impact statement review.
(1)
In event that the proposed amendment has been determined by the Town Board to have a potential significant effect upon the environment, as provided for in Title 6, New York Code of Rules and Regulations, Part 617 (State Environmental Quality Review Act), and an environmental impact statement must then be prepared and submitted, the applicant shall pay the reasonable fees, disbursements and/or costs incurred by the Town Engineer, the Town Planner and other specialists in the course of review of said environmental impact statement.
(2)
The cost of the preparation and/or review of an environmental impact statement for a project for which a positive declaration of significance has been made by the lead agency shall be charged to the applicant. The charge shall be the actual cost of such preparation or review not to exceed 2% of the cost of a residential project or 0.5% of the cost of a nonresidential project.
§ 75-48 Referral to Planning Boards.
A.
Referral to Town Planning Board. Every proposed amendment, unless initiated by the Town Planning Board, shall be referred to the Town Planning Board. The Town Planning Board shall report its recommendations thereon to the Town Board, accompanied by a full statement of the reasons for such recommendations, prior to the public hearing. If the Planning Board fails to report within a period of 62 days from the date of receipt of notice or such longer time as may have been agreed upon by it and the Town Board, the Town Board may act on the proposed amendment without such report.
B.
Referral to the County Planning Board.
(1)
Matters to be referred. Any change in the district classification of or the regulations applying to real property lying within a distance of 500 feet of the following shall be referred to the Ulster County Planning Board prior to final action in accord with §§ 239-l and 239-m of the General Municipal Law. No final action shall be taken within 30 days of such referral unless a response is received sooner.
(a)
The boundary of any other municipality.
(b)
The boundary of any existing or proposed county or state park or other recreation area.
(c)
The right-of-way of any existing or proposed county or state road, parkway or other controlled-access highway.
(d)
The existing or proposed right-of-way of any stream or drainage channel owned by the county for which the county has established channel lines.
(e)
The existing or proposed boundary of any county- or state-owned land on which a public building or institution is located.
(2)
County Planning Board recommendations. If the Ulster County Planning Board fails to report its recommendations within 30 days after receipt of a full statement of such referred material, the Town Board shall construe such inaction as approval of the proposed zoning action and may act without such a report.
(3)
Effect of negative report. If the Ulster County Planning Board disapproves the proposed amendment or recommends modification thereof, the proposed amendment shall not become effective except by a vote of a majority plus one of all members of the Town Board and after the adoption of a resolution fully setting forth the reasons for such action.
§ 75-49 Public notice and hearing.
The Town Board, by resolution, shall fix the time and place of the public hearing and cause notice to be given as follows:
A.
By publishing a notice of the proposed amendment and the time and place of the public hearing in a newspaper of general circulation in the Town, not less than 10 days prior to the date of public hearing.
B.
By giving written notice of hearing to any required municipal, county, regional, metropolitan, state or federal agency in the manner prescribed by law.
§ 75-50 Protest by owners.
If a protest against the proposed amendment is presented to the Town Board, duly signed and acknowledged by the owners of 20% or more of the area of the land immediately adjacent, extending 100 feet therefrom, or by the owners of 20% or more of the area of land directly opposite thereto, extending 100 feet from the street frontage of such opposite land, such amendment shall not be passed except by the favorable vote of at least 3/4 of the members of the Town Board.
§ 75-51 Changes by Planning Board.
The Planning Board, in accordance with § 278 of New York State Town Law and § 75-26 of these regulations, 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. 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. Upon the filing of the plat 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.
§ 75-52 Publication and posting.
Every amendment to the Zoning Chapter, including any map incorporated therein, adopted in accordance with the Town Law shall be entered in the minutes of the Town Board and a copy thereof, exclusive of any map incorporated therein, shall be published once in the official newspaper of the Town of Rosendale; and a copy of such amendment, together with a copy of any map incorporated therein, shall be posted on a signboard maintained by the Town Clerk, pursuant to Subdivision 6 of § 30 of the Town Law. Affidavits of the publication and posting thereof shall be filed with the Town Clerk.