Union Vale City Zoning Code
ARTICLE XI
Amendments
§ 210-81 Statutory procedure.
[Amended 5-18-2022 by L.L. No. 3-2022]
This chapter, or any part thereof, including both the text and 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Map indicating the various district boundaries, may from time to time be amended, supplemented, changed, modified or repealed by the Town Board.
§ 210-82 Initiation of amendments; fees.
An amendment to this chapter may be initiated in any of the following 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, in which case it shall be the responsibility of the Planning Board to provide as part of its recommendation the report described in below § 210-90 and the responsibility of the Town Board to initiate consideration of such proposed amendment within 90 calendar days of the time such resolution is filed by the Planning Board in the office of the Town Clerk.
C.
By petition duly signed and acknowledged from the owners of 50% or more of either the frontage or the acreage in any zoning district requesting a specific amendment, supplement, change or modification in the regulations prescribed by this chapter for such district, in which case it shall be the duty of the Town Board to initiate consideration of such petition or amendment within 90 calendar days of the time such petition is filed in the office of the Town Clerk. The filing of 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 information indicated on a checklist available from the office of the Town Clerk.
D.
By petition signed and acknowledged by one or more other property owners requesting a specific amendment, supplement, change or modification in any of the regulations prescribed by this chapter. The filing of 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 necessary supporting information indicated on a checklist available from the office of the Town Clerk.
§ 210-83 Town Board procedure.
[Amended 5-18-2022 by L.L. No. 3-2022[1]]
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 any proposed amendment introduced by the Board in the form of a proposed local law and cause notice thereof to be given as follows:
(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 the following information:
(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 other municipality or municipalities at least 10 calendar days prior to the date of such public hearing.
(3)
Zoning District Map amendments.
(a)
In the case of a proposed Zoning District Map amendment:
[1]
By providing a copy of such notice be certified mail, return receipt requested, 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 300 feet of lands affected by the proposed amendment, as such names appear on the last completed tax roll of the Town; and
[2]
By causing each parcel affected by the Zoning District Map amendment to be conspicuously posted on each road frontage with a sign at least 10 days prior to the date of public hearing.
(b)
The Town Clerk or other designated Town employee shall certify compliance with this extraordinary notification procedure. Where applicable, the Town shall charge the petitioner either a flat rate or a stated amount per notice and/or sign for satisfying this requirement.
B.
Required referral.
(1)
The Town Board shall transmit a full statement of any proposed amendment, whether a zoning text amendment or a Zoning District Map amendment, that meets the referral requirements of § 239-m of the General Municipal Law or the Dutchess County Department of Planning and Development ("Department") to the Department for its review and recommendation. The Town Board shall not take action on such proposed amendment until a recommendation has been received from the Department or 30 calendar days have elapsed since the Department received such full statement.
(2)
If the Town Board requests, the Planning Board shall make inquiry and provide recommendation regarding proposed amendments, supplements, changes or modifications concerning the matters specified below:
(a)
Whether such change is consistent with the purposes embodied in this chapter as applied to the particular zoning districts concerned.
(b)
Which areas and establishments in the Town will be directly affected by such change and in what way will they be affected.
(c)
Whether adequate public services and facilities and other supporting infrastructure exist or can be created to serve the needs of any additional development that may occur as a result of such change.
(d)
The indirect implications of such change in its effect on other regulations.
(e)
Whether such proposed amendment is consistent with the underlying objectives of this chapter, including but not limited to whether such proposed amendment is consistent with the Town of Union Vale Master Plan and Dutchess County land use policies as set forth in Directions and/or Greenway Connections.
C.
Compliance with SEQRA.
(1)
Proposed zoning text and Zoning District Map amendments are both actions subject to the provisions of the New York State Environmental Quality Review Act. Any action to initiate an amendment to this chapter shall be specifically accompanied by either a Short or Full Environmental Assessment Form (EAF) as deemed appropriate by the Town Board pursuant to SEQRA, Article 8 of the Environmental Conservation Law and Title 6 Part 617 NYCRR.
(2)
During its initial review of any proposed amendment, the Town Board shall further classify the same under SEQRA as either an unlisted or Type I action and determine whether the Town Board or another involved agency should serve as lead agency for environmental quality review thereof. Prior to either the close of the public hearing or any action on the proposed amendment, the Town Board or other lead agency shall have concluded the SEQR process through either the issuance of a Negative Declaration or the acceptance of a Final Environmental Impact Statement and issuance of related Findings.
D.
Town Board action.
(1)
The Town Board may approve any such proposed amendment by 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 either of the following circumstances is present:
(b)
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 the opposite land.
(2)
If the action 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.
E.
Filing requirement. Any amendment approved by either majority vote, or majority plus one vote as may be pertinent, 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 in the Zoning District Map filed in the Town Clerk's Office.
§ 210-84 Reimbursable costs.
Reasonable costs incurred by the Town Board for professional consultation fees or other extraordinary expense in connection with the review of a petition for a zoning text or Zoning District Map amendment shall be charged to the petitioner. Such reimbursable costs shall be in addition to the required fee set forth in § 210-82 of this article. Maximum amounts for such reimbursable costs shall be in accordance with the fee schedule established and annually reviewed by the Town Board. Said fee schedule shall include the requirement that an escrow account be established upon the Town Board's receipt of the petition to cover the anticipated costs of such consultant review and other expenses.