Wallkill City Zoning Code
ARTICLE XIV
Amendments
§ 249-49 Procedure.
This chapter, or any part thereof, may be amended, supplemented or repealed from time to time by the Town Board on its own motion, on petition or upon recommendation by the Planning Board as provided in § 274 of the Town Law of the State of New York,[1] in the manner as provided by § 265 of the Town Law of the State of New York.
A.
Every such proposed amendment shall be referred by the Town Board to the Planning Board for a report. Unless the Planning Board fails to render such report within 60 days after its next regularly scheduled meeting following the date of such referral, the Town Board shall not take action on any such amendment without recommendation from the Planning Board. If such report is received by the Town Board, it shall become an official part of the minutes of the mandatory public hearing held by the Town Board.
[Amended 7-22-2004 by L.L. No. 5-2004]
(1)
Within 30 days after such referral by the Town Board, the Planning Board shall hold a public informational hearing on the matter.
[Amended 12-12-2013 by Ord. No. 4-2013]
(a)
Applicants seeking a change in the zoning classification of any property within the Town shall publish a notice of the time and place of the public informational hearing in a newspaper of general circulation at least 10 days before such hearing and shall notify all adjoining landowners within the greater required notification distance of the existing or proposed zone of the property by certified mail, return receipt requested, at least 10 days prior to the public informational hearing.
(2)
Within 30 days after the public informational hearing, the Planning Board shall render its advisory opinion to the Town Board. In rendering such an opinion on the proposed amendment, the Planning Board shall make an inquiry and determination concerning the items specified below:
(a)
Text. Concerning a proposed amendment to or change in the text of this chapter:
[1]
Whether such change is consistent with the aims and principles embodied in this chapter to the particular districts concerned.
[2]
Which areas and establishments in the Town will be directly affected by such change and in what way they will be affected.
[3]
The indirect effect of such change on other regulations.
[4]
Whether such proposed amendment is consistent with the aims of the Town of Wallkill Master Plan.
(b)
Map. 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 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 envisioned by the Town's Master 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.
B.
Public hearing. By resolution adopted at a stated meeting, the Town Board shall fix the time and place of the public hearing on the proposed amendment and cause notice to be given in accordance with the provisions of §§ 264 and 265 of the Town Law of the State of New York.
(1)
Where the land involved in any proposed amendment (whether it be text or map) is located within 500 feet of any municipal boundary, boundary of any existing or proposed county or state park or other recreation area, or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway, or the existing or proposed right-of-way of any stream or drainage channel owned by the county or from which the county has established channel lines, or from the existing or proposed boundary of any county- or state-owned land, such application, accompanied by the notice of the public hearing, shall be forwarded to the Orange County Planning Department for review at least 10 days prior to the date of the public hearing in accordance with the provisions of §§ 239-l and 239-m, Article 12-B, of the General Municipal Law of the State of New York.
(2)
Should any proposed amendment involve any area within 500 feet of the boundary of any other municipality, a copy of the notice of public hearing shall be transmitted to the Clerk of such other municipality at least 10 days prior to the public hearing.