[Added 2-10-2017 by L.L. No. 5-2017, effective 2-23-2017]
[1]
Editor’s Note: Former Art. XI, Exemptions from 2003 Amendments to Chapter 85 of Town Code, was repealed 5-12-2016 by L.L. No. 10-2016, effective 5-25-2016.
The intent of this article is to recognize and provide that certain applications and parcels that have been the subject of stipulations of settlement in litigation are exempt from the 2003 Amendments to Chapter 85.
A. 
All court "so-ordered" stipulations of settlement entered into, by or on behalf of the Town Board of the Town of Brookhaven in proceedings and/or actions that were commenced within four months of the effective date of the 2003 Amendments to Chapter 85 (August 11, 2003) and involved one or more parcels from the 1988 and 1989 changes of zone on the Town Board's own motion and which challenge or relate to the validity of the 2003 Amendments to Chapter 85 of the Town Code, as well as the proposed zoning classifications and changes and land use regulations and development standards provided under such stipulations of settlement, are hereby exempt from the 2003 Amendments to Chapter 85 of the Town Code.
B. 
The changes in use regulations for specific zoning districts that were effectuated either by the aforesaid 2003 Amendments to Chapter 85 of the Town Code or by subsequent amendments to the Town Code, as well as all dimensional and other development and land use regulations that were adopted or modified either by the aforesaid 2003 Amendments to Chapter 85 of the Town Code or by subsequent amendments to the Town Code, including, but not limited to, the land development standards set forth in Article XXXIV of this chapter, shall not be applicable to parcels that are covered by or the subject of court "so-ordered" stipulations of settlement entered into, by or on behalf of the Town Board of the Town of Brookhaven, in proceedings and/or actions that were commenced no later than four months after the effective date (i.e., August 11, 2003) of the aforesaid 2003 Amendments to Chapter 85 of the Town Code and involved one or more parcels from the 1988 and 1989 change of zones on the Town Board's own motion. The use and development of all parcels that are covered by or the subject of such "so-ordered" stipulations shall be in accordance with the use, dimensional, and other development and land use regulations that applied to the Town and its various zoning districts prior to the aforesaid effective date of the aforesaid 2003 Amendments to Chapter 85 of the Town Code, except to the extent such regulations may be specifically modified by such "so-ordered" stipulations.
If any clause, sentence, paragraph, section, or item of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair or invalidate the remainder hereof, but such adjudication shall be confined in its operation to the clause, sentence, paragraph, section or item directly involved in the controversy in which such judgment shall have been rendered.