The provisions of this chapter shall not apply to any development, alteration
or improvement of property containing a designated scenic resource for which
final approval shall have been obtained and not expired and the approved work
not completed prior to the designation by the Town Board of said scenic resource.
As used in this section, the term "final approval" shall mean:
A. In the case of the subdivision of land, conditional approval
of a final plat as the term is defined in § 276 of the Town Law.
B. In the case of a site plan not involving the subdivision
of land, adoption by the Planning Board of a resolution granting approval.
C. In those cases not covered by Subsection
A or
B above, the issuance of a building permit or other authorization for the commencement of the development, alteration or improvement of property or for those developments, alterations or improvements for which the Town of Somers does not require such permits, the actual commencement of the development, alteration or improvement of property.
This chapter may be amended by the Town Board after due notice and public
hearing.
If any clause, sentence, paragraph, section or part of this chapter
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
or part thereof directly involved in the controversy in which such judgment
shall have been rendered or as determined by such judgment.
This chapter shall take effect 10 days after publication.