Town of Fallsburg, NY Chapter 53 Ordinances, Adoption of

[HISTORY: Adopted by the Town Board of the Town of Fallsburg 5-18-1971 by L.L. No. 1-1971, amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. IV). Subsequent amendments noted where applicable.]

§ 53-1 Amendment of Section 131 of Town Law.

Section 133 of the Town Law, as amended, is hereby amended in its application to the Town of Fallsburg, County of Sullivan, and State of New York, to read as follows:

§ 133. When ordinances shall take effect.

Every ordinance and every amendment to an ordinance hereinafter adopted or approved by the Town Board of the Town of Fallsburg shall be entered in its minutes except that it shall not be necessary to enter in its minutes any map adopted or approved in connection with a zoning ordinance or amendment, and a notice setting forth the title and a brief description of every such ordinance or of every such amendment to an ordinance shall be published once in the official newspaper of the Town or, if there is none, in a newspaper designated by the Town Board having general circulation in the Town, once, and the affidavit of such publication shall be filed with the Town Clerk. Such ordinance or amendment shall take effect 10 days after such publication; but such ordinance or amendment shall take effect from the date of its service as against a person served personally with a copy thereof, certified by the Town Clerk under the corporate seal of the Town; and showing the date of its passage and entry in the minutes. No ordinance or amendment previously adopted or approved by the Town Board of the Town of Fallsburg to which the provisions of this article are applicable shall be void for failure of posting and/or filing affidavits of posting.

§ 53-2 Amendment of Section 134 of Town Law.

Section 134 of the Town Law, as amended, is hereby amended in its application to the Town of Fallsburg, County of Sullivan, and State of New York to read as follows:

§ 134. Proof of ordinance.

The certificate of the Town Clerk setting forth that the records of the Town show the adoption of one or more ordinances and the publishing of a notice setting forth the title and a brief description thereof as required by this chapter shall be presumptive evidence of such adoption and publication in any action or special proceeding in any court or otherwise. The Town Clerk of the Town of Fallsburg shall maintain a separate file or filing cabinet for each and every map adopted in connection with the Zoning Ordinance or amendment; said file or filing cabinet to be available at any time during regular business hours for public inspection.

§ 53-3 Amendment of Section 264 of Town Law.

Section 264 of the Town Law, as amended, is hereby amended in its application to the Town of Fallsburg, County of Sullivan, and State of New York, to read as follows:

	§ 264. Method of procedure.
	The Town Board shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established and enforced, and from time to time amended, supplemented or changed. However, no such regulation, restrictions or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 10 days' notice of the time and place of such hearing shall be published in a paper of general circulation in such town and a written notice of any proposed change or amendment affecting property within the protectively zoned area of a housing project authorized under the public housing law, as such area is shown on an approved zoning map filed with the Town officer charged with enforcement of zoning regulations, or property within 500 feet of the boundaries of any city, village, town, county, state park or parkways shall be given, in the case of a housing project to the housing authority erecting or owning the project and to the government providing financial aid or assistance thereto, in the case of any state park or parkway, to the regional state park commission having jurisdiction over such state park or parkway, in the case of a city, village or town to the clerk of such city, village or town, and in the case of a county, to the clerk of the board of supervisors or other person performing like duties, at least 10 days prior to the date of such public hearing. Such city, village, town or county shall have the right to appear and to be heard at such public hearing with respect to any such proposed change or amendment, but shall not have the right of review by a court as hereinafter provided.
	Every zoning ordinance and every amendment to a zoning ordinance (excluding any map incorporated therein) adopted pursuant to the provisions of this chapter shall be entered in the minutes of the Town Board. A notice setting forth the title and a brief description of every such ordinance and every amendment of such ordinance (exclusive of any map incorporated therein) shall be published once in a newspaper published in the Town, if any, or in such newspaper published in the county in which such town may be located having a circulation in such town, as the Town Board may designate, and affidavits of the publication of the notice as hereinabove provided shall be filed with the Town Clerk. Such ordinance shall take effect 10 days after such publication, but such ordinance or amendment shall take effect from the date of its service as against a person served personally with a copy thereof, certified by the Town Clerk under the corporate seal of the Town; and showing the date of its passage and entry in the minutes.

§ 53-4 Amendment of Section 265 of Town Law.

Section 265 of the Town Law, as amended, is hereby amended in its application to the Town of Fallsburg, County of Sullivan, and State of New York, to read as follows:

	§ 265. Changes.
	Such regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified or repealed by ordinance. In case, however, of a protest against such change signed by the owners of 20% or more, either of the area of the land included in such proposed change, or of that immediately adjacent extending 100 feet therefrom or of that directly opposite thereto, extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of at least three-fourths of the members of the Town Board. The provisions of the previous section relative to public hearings and official notice shall apply equally to all changes or amendments.
	Changes, amendments or supplements made to any zoning ordinance (excluding any map incorporated therein) adopted pursuant to the provisions of this chapter shall be entered in the minutes of the Town Board. A notice setting forth the title and a brief description of every such change, amendment or supplement (exclusive of any map incorporated therein) shall be published once in a newspaper paper published in the Town, if any, or in such newspaper published in the county in which such town may be located having a circulation in such town, as the Town Board may designate, and affidavits of the publication thereof shall be filed with the Town Clerk. Such ordinance shall take effect 10 days after such publication, but such ordinance shall take effect from the date of its service as against a person served personally with a copy thereof, certified by the Town Clerk under the corporate seal of the Town; and showing the date of its passage and entry in the minutes.