TOWN OF PEMBROKE ZONING LAW

JUNE 14, 1995

(As Amended Through 1/4/2001)

A.   Initiating Amendments

The Town Board may, from time to time, on its own motion, on petition, or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this Zoning Law.

B.   Petitions

Each petition requesting a change of zoning regulations or district boundaries shall be typewritten, signed by the owner, filed in triplicate with the Town Clerk, and shall be accompanied by the required fee.

C.   State Environmental Quality Review (SEQR)

Amendments of the Zoning Law may be subject to the State Environmental Quality Review process (SEQR). The Town Board should identify the type of action said zone change constitutes under SEQR regulations. Depending on the size of the zone change and several other factors it may be a TYPE I or an UNLISTED action. To make a decision, the Town Board should consult Part 617 of Article 8 of Environmental Conservation Law (New York).

If it is determined that an environmental impact statement needs to be prepared for the proposal in question, all time frames and deadlines otherwise set forth in this Zoning Law shall be delayed until a draft environmental impact statement has been filed. An application is not complete, and, therefore, the review clock does not start, until a determination of no significance has been made or until a draft environmental impact statement is completed.

A.   Referral to Town Planning Board

All proposed amendments other than those requested by the Planning Board shall be referred to the Planning Board for its recommendation thereon. The Planning Board shall submit its report prior to the public hearing. Failure of the Planning Board to report within the required time shall be deemed to be approval of the proposed amendment.

B.   Referral to County Planning Board

Where required by Section 239 (in) of the Town Law or other applicable statute a proposed amendment shall be referred to the Genesee County Planning Board, which Board shall report its recommendations to the Town Board within thirty (30) days from the date, of such referral. Failure of the Genesee County Planning Board to report within said period shall be deemed an approval of the proposed amendment by the said Board. In the event that the Genesee County Planning Board disapproves the amendment or recommends modification thereof; the Town Board shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members of the Town Board and after the adoption of a resolution fully setting forth the reasons for such contrary action.

Before adopting any amendments to this Zoning Law the Town Board shall give notice of a public hearing thereon to such persons and in such manner as required by Section 264 of Town Law, or other applicable law and shall hold a hearing thereon pursuant to such notice.

In case of a protest against such change signed by the owners of twenty (20) per cent or more, either of the land included in such proposed change, or of the land immediately adjacent thereto and extending one hundred (100) feet therefrom or of the land directly opposite thereto, and extending  one hundred (100) feet, from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of at least three-fourths of the members of the Town Board.

From time to time, at intervals of not more than three (3) years, the Planning Board shall reexamine the provisions of this Zoning Law and the location of district boundary lines, and shall submit a report to the Town Board, recommending such changes or amendments, if any, which may be desirable in the interest of public safety, health, convenience, necessity or welfare.