[Adopted 6-1-1999 by L.L.
No. 5-1999]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Guilderland , as codified by General Code Publishers Corp., and consisting of Chapters 1 through 280, together with an Appendix, shall be known collectively as the "Code of the Town of Guilderland," hereafter termed the "Code." Wherever reference is made in any of the local laws, ordinances and resolutions contained in the "Code of the Town of Guilderland" to any other local law, ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such local law, ordinance or resolution had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town Board of the Town of Guilderland, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All local laws and ordinances of a general and permanent nature of the
Town of Guilderland in force on the date of the adoption of this local law
and not contained in such Code or recognized and continued in force by reference
therein are hereby repealed from and after the effective date of this local
law, specifically the 1974 Code.
The repeal of local laws and ordinances provided for in § 1-3 of this local law shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any right or liability established, accrued or incurred
under any legislative provision of the Town of Guilderland prior to the effective
date of this local law or any action or proceeding brought for the enforcement
of such right or liability.
B.
Any offense or act committed or done before the effective
date of this local law in violation of any legislative provision of the Town
of Guilderland or any penalty, punishment or forfeiture which may result therefrom.
C.
Any prosecution, indictment, action, suit or other proceeding
pending or any judgment rendered prior to the effective date of this local
law brought pursuant to any legislative provision of the Town of Guilderland.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Guilderland.
E.
Any local law or ordinance of the Town of Guilderland
providing for the laying out, opening, altering, widening, relocating, straightening,
establishing grade, changing name, improvement, acceptance or vacation of
any right-of-way, easement, street, road, highway, park or other public place
within the Town of Guilderland or any portion thereof.
F.
Any local law or ordinance of the Town of Guilderland
appropriating money or transferring funds, promising or guaranteeing the payment
of money or authorizing the issuance and delivery of any bond of the Town
of Guilderland or other instruments or evidence of the town's indebtedness.
G.
Local laws or ordinances authorizing the purchase, sale,
lease or transfer of property or any lawful contract or obligation.
H.
The levy or imposition of special assessments or charges.
I.
The annexation or dedication of property.
J.
Any local law or ordinance relating to salaries and compensation.
K.
Any local law or ordinance amending the Zoning Map.
L.
Any local law or ordinance relating to or establishing
a pension plan or pension fund for town employees.
M.
Any local law or ordinance or portion of a local law
or ordinance establishing a specific fee amount for any license, permit or
service obtained from the town.
N.
Any local law adopted subsequent to 2-5-1999.
O.
Legislation pertaining to vehicles and traffic.
P.
Legislation pertaining to Police Department rules and
regulations.
If any clause, sentence, paragraph, section, article, chapter or part
of this local law or of any local law, ordinance or resolution included in
this Code now or through supplementation shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, section, article, chapter or part thereof
directly involved in the controversy in which such judgment shall have been
rendered.
A copy of the Code, in loose-leaf form, has been filed in the office
of the Town Clerk of the Town of Guilderland and shall remain there for use
and examination by the public until final action is taken on this local law;
and, if this local law shall be adopted, such copy shall be certified by the
Town Clerk of the Town of Guilderland by impressing thereon the Seal of the
town, and such certified copy shall remain on file in the office of said Town
Clerk to be made available to persons desiring to examine the same during
all times while said Code is in effect. The enactment and publication of this
local law, coupled with the availability of a copy of the Code for inspection
by the public, shall be deemed, held and considered to be due and legal publication
of all provisions of the Code for all purposes.
Any and all additions, deletions, amendments or supplements to any of
the local laws, ordinances and resolutions known collectively as the "Code
of the Town of Guilderland" or any new local laws, ordinances or resolutions,
when enacted or adopted in such form as to indicate the intention of the Town
Board to be a part thereof, shall be deemed to be incorporated into such Code
so that reference to the Code shall be understood and intended to include
such additions, deletions, amendments or supplements. Whenever such additions,
deletions, amendments or supplements to the Code shall be enacted or adopted,
they shall thereafter be printed and, as provided hereunder, inserted in the
loose-leaf book containing said Code as amendments and supplements thereto.
Nothing contained in this local law shall affect the status of any local law,
ordinance or resolution contained herein, and such local laws, ordinances
or resolutions may be amended, deleted or changed from time to time as the
Town Board deems desirable.
It shall be the duty of the Town Clerk to keep up-to-date the certified
copy of the book containing the Code of the Town of Guilderland required to
be filed in the office of the Town Clerk for use by the public. All changes
in said Code and all local laws, ordinances and resolutions adopted by the
Town Board subsequent to the enactment of this local law in such form as to
indicate the intention of said Board to be a part of said Code shall, when
finally enacted or adopted, be included therein by temporary attachment of
copies of such changes, local laws, ordinances or resolutions until such changes,
local laws, ordinances or resolutions are printed as supplements to said Code
book, at which time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be purchased
from the Town Clerk, or an authorized agent of the Clerk, upon the payment
of a fee to be set by resolution of the Town Board. The Clerk may also arrange
for procedures for the periodic supplementation of the Code.
Any person who, without authorization from the Town Clerk, changes or
amends, by additions or deletions, any part or portion of the Code of the
Town of Guilderland or who alters or tampers with such Code in any manner
whatsoever which will cause the legislation of the Town of Guilderland to
be misrepresented thereby or who violates any other provision of this local
law shall be guilty of an offense and shall, upon conviction thereof, be subject
to a fine of not more than $250 or imprisonment for a term of not more than
15 days, or both.
A.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of Guilderland, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the local laws, ordinances and resolutions had been previously formally amended to read as such.
B.
In addition, the amendments and/or additions as set forth
in Schedule A attached hereto and made a part hereof are made herewith, to
become effective upon the effective date of this local law. (Chapter and section
number references are to the local laws, ordinances and resolutions as they
have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-11B, the chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 6-1-1999 by L.L. No. 5-1999." Schedule A, which contains a complete description of all changes, is on file in the town offices.
C.
Nomenclature.
(1)
Throughout the Code, references to "Justice of the Peace"
have been updated to "Town Justice."
(2)
Throughout Chapter 17, Building Department, references to the "Superintendent of Buildings" have been updated to "Chief Building Inspector." Throughout the rest of the Code, references to the "Superintendent of Buildings" have been updated to "Chief Building Inspector and Zoning Coordinator."
(4)
Throughout Chapter 181, Freshwater Wetlands, references to the "Planning and Zoning Coordinator" have been revised to read "Director of Planning."
(6)
Throughout Chapter 280, Zoning, the following nomenclature changes have been made:
(a)
The term "Master Plan" has been updated to refer to the
"Comprehensive Plan."
(b)
The titles of enforcement officials have been updated
to refer to either the "Chief Building Inspector and Zoning Coordinator" or
the "Planning Director."
(c)
References to the state building code have been updated
to refer to the "New York State Uniform Fire Prevention and Building Code."
D.
Throughout the Code, all specific fee amounts have been
removed from the text of the chapters and replaced with the phrase "as set
by resolution of the Town Board from time to time."
This local law shall take effect July 1, 1999.
