If any provision of this chapter or the application
thereof to any person, property, or circumstances is held to be invalid,
the remainder of this chapter and the application of each provision
to other persons, property, or circumstances shall not be affected
thereby.
To the extent that any provisions of this chapter are inconsistent with the Town Law of the State of New York, Chapter 62 of the Consolidated Laws, Article 16, §§ 261 through 268 and §§ 274-a through 281, the Town Board of the Town of Dover hereby declares its intent to supersede those sections of the Town Law, pursuant to its home rule powers under the Municipal Home Rule Law, Article 2, § 10 et seq., of the Consolidated Laws of the State of New York. In particular, to the extent that Article
V may be inconsistent with § 278 of the Town Law, the Town Board hereby declares its intent to supersede § 278.
This chapter shall take effect upon filing with
the New York State Secretary of State; provided, however, that applications
for special use permits, site plan review, variances, subdivisions,
and building permits filed prior to the effective date shall be reviewed
as follows:
A. No new application shall be required if the applicant
has filed an application, prior to the effective date of this chapter,
which has been determined by the reviewing board or official to include
substantially all required information under the zoning law in effect
at the time of filing.
B. All use regulations (including special permit and site plan review requirements) and review criteria and standards of this chapter shall apply to such applications. On preexisting lots, dimensional regulations of the zoning law in effect at the time of the filing of the application may be applied if, in the opinion of the reviewing board, the application of such regulations would not derogate from the purposes of this chapter. Dimensional regulations for newly created lots in a subdivision shall comply with the requirements of this chapter, provided that the procedural requirements for the creation of open space developments under Article
V may be waived by the Planning Board.
C. If additional information is required from the applicant
to enable the reviewing board to apply the review standards of this
chapter, such board may require the submission of additional information
as necessary to make an informed decision based upon the requirements
of this chapter. The maximum time periods for board decisionmaking
under this chapter and under state law shall be extended by the amount
of time it takes an applicant to supply such additional information.
D. If the application requires a public hearing and such
hearing has been held prior to the adoption of this chapter, no additional
hearing shall be required. However, an additional hearing may be held
by mutual agreement between the applicant and the reviewing board.
E. If the board to which the original application was
submitted does not have jurisdiction over such application under this
chapter, the application shall be forwarded to the appropriate board
for review under this chapter; provided, however, that if a public
hearing has been duly held in accordance with the zoning law in effect
prior to the adoption of this chapter, the board to which the original
application was submitted shall be deemed to have continuing jurisdiction
under this chapter for a period not to exceed six months. Such board
shall apply this chapter to the application as though it were the
reviewing board designated under this chapter.
F. Subdivision applications that have received preliminary,
final, or conditional final approval shall be subject to the zoning
law in effect at the time they received such approval.