The provisions of this chapter shall not apply
to any development, alteration or improvement of property for which
final approval shall have been obtained and not expired and the approved
work not completed prior to the effective date of this chapter. 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 Subsections
A and
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.
If in any case the provisions of this chapter
conflict with any other provisions of the Code of the Town of Somers,
the provisions which impose the more stringent requirement shall apply.
All development and improvement allowed by right
or allowed by permit shall also conform with all rules and regulations
contained in the Code of the Town of Somers and all other applicable
laws and regulations.
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.