As required under § 239-m of the New
York State General Municipal Law, certain variances, special permits
and amendments shall be referred to the County Planning Board for
review and recommendations. Such referrals shall be made for proposed
variances, special permits and amendments which affect land within
500 feet of the boundary of the city, Village or town, or of the boundary
of any county or state park or other recreational area, or of any
county or state park or other recreational area, or of any county
or state parkway, expressway, throughway or other road or highway,
or of the right-of-way of any stream or drainage channel owned by
the county or for which the county has established lines, or of any
county or state lands on which a public building or institution is
situated. Within 30 days of referral, the County Planning Board shall
report its recommendation and shall support them with a full statement
of its reasons. If the County Planning Board fails to report, actions
on the proposals may proceed. If the County Planning Board disapproves
the proposal or recommends modifications thereof, the town agency
having jurisdiction shall not act contrary to such disapproval or
recommendation except by a vote of a majority plus one of all the
members thereof and after a resolution fully setting forth the reasons
for such action.
In case any building or structure is erected,
constructed, reconstructed, altered, converted or maintained or any
building, structure or land is used in violation of this chapter or
any other local law or other regulations made under authority conferred
thereby, the proper local authorities, in addition to other remedies,
may institute any appropriate action or proceedings to prevent any
illegal act, conduct, business or use in or about such premises, and,
upon the failure or refusal of the proper local officer, board or
body to institute any such appropriate action or proceeding for a
period of 10 days after written request by a resident taxpayer so
to proceed, any three taxpayers residing in the district wherein such
violation exists, who are jointly or severally aggrieved by such violation,
may institute such appropriate action or proceeding in like manner
as such local officer board of body is authorized to do.
It is hereby declared to be the legislative
intent that:
A. Should the courts declare any provisions of this chapter
to be invalid or ineffective in whole or in part, the effect of such
decision shall be limited to those provisions of this chapter shall
continue to be separately and fully effective.
B. Should the courts find the application of any provision
or provisions of this chapter to any lot, building or other structure
or tract of land to be invalid or ineffective in whole or in part,
the effect of such decision shall be limited to the person, property
or situation immediately involved in the controversy, and the application
of any such provision to the other persons, property or situation
shall not be affected.
The local law effective October 17, 1977, and
entitled the "Zoning Law of the Village of Fair Haven," and all other
amendments, are hereby repealed. All other existing laws or parts
of laws in conflict with this chapter, to the extent of such conflict
and no further, are hereby repealed.
This chapter shall take effect 10 days after
its adoption.