Schodack City Zoning Code
ARTICLE XVI
Miscellaneous Provisions
§ 219-160 Review and referral of amendments.
A.
This chapter or any part thereof, including the Zoning Map indicating the district boundaries,[1] may be from time to time amended, supplemented, changed, modified or repealed by the Town Board in the manner provided by § 265 of Article 16 of the Town Law.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
B.
Every proposed amendment or change shall be referred by the Town Board to the Planning Board for its review and recommendation pursuant to § 274 of Article 16 of the Town Law and pursuant to the specific provisions of this chapter.
C.
Every such proposed amendment or change shall also be reviewed by the Town in accordance with the procedures established under Article 8 of the New York State Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations, providing for environmental quality review of any action that may have a significant effect on the environment.
D.
The Planning Board may provide recommended amendments to the Town Board of their own initiation for the Town Board's consideration.
§ 219-161 Report of Planning Board on amendments.
In undertaking such review and making such recommendation on a proposed amendment, the Planning Board shall make inquiry and determination concerning the items specified below:
A.
Concerning a proposed amendment or change in the text of this chapter:
(1)
Whether such change is consistent with the purposes embodied in this chapter as applied to the particular 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)
The indirect implications of such change in its effect on other regulations.
(4)
Whether such proposed amendment is consistent with the underlying objectives of the Town Comprehensive Plan.
B.
Concerning a proposed amendment involving a change in the Zoning Map:
(1)
Whether the uses permitted by the proposed change would be appropriate in the area concerned.
(2)
Whether adequate public-school facilities and other public services exist or can be created to serve the needs of any additional residences likely to be constructed as a result of such a change.
(3)
Whether the proposed change is in accord with any existing or proposed plans in the vicinity.
(4)
The effect of the proposed amendment upon the growth of the Town as foreseen by the Comprehensive Plan.
(5)
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.
C.
The Planning Board shall have 60 days to provide such recommendation to the Town Board. Failure to make a recommendation within the required time period shall be deemed an approval of the Planning Board.
§ 219-162 Town Board procedure for amendments.
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 in accordance with Article 16 of the Town Law:
(1)
By publishing a notice at least 10 calendar days prior to the time of such hearing in the official newspaper of the Town, specifying:
(a)
The nature of the proposed amendment.
(b)
The land or district affected.
(c)
The date, time and place where the public hearing shall take place.
(2)
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.
B.
Required referral. The Town Board shall transmit a full statement of any proposed amendment that meets the referral requirements of §§ 239-l and 239-m of the General Municipal Law to the Rensselaer County Bureau of Planning for its review. No action shall be taken by the Town Board on such proposed amendment until a recommendation has been received from the Bureau of Planning or 30 calendar days have elapsed since the Bureau received such full statement.
C.
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 [a majority plus one] shall be required if:
(1)
Action being taken is contrary to the recommendation received from the Rensselaer County Bureau of Planning under the provisions of §§ 239-l and 239-m of the General Municipal Law; or
(2)
A protest against such amendment has been signed 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 that directly opposite.
D.
Conformance with Town Comprehensive Plan. In all cases where the Town Board shall approve an amendment to the Zoning Map,[1] said Board shall find, for reasons fully set in its resolution, such amendment to be in conformity with the Town's Comprehensive Plan.
[1]
Editor's Note: The Zoning Map is on file in the Office of the Town Clerk.
E.
The Planning Director shall coordinate all amendments with the Town Clerk. The Town Clerk shall file a copy of all amendments in the Office of the Town Clerk and shall file a copy of all amendments with Rensselaer County and New York State.
§ 219-163 Construal of provisions; conflict with other laws.
A.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety or the general welfare.
B.
Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances or local laws, the more restrictive provisions, or those imposing the higher standards, shall govern.