A.
Amendments by the Town Board. The Town Board may,
from time to time, on its own motion or by recommendation or petition
of the Planning Board, amend, supplement, change, modify or repeal
the regulations and provisions of this chapter following a public
hearing and in accordance with this article.
B.
Advisory report by the Planning Board. Each such proposed
amendment or change shall be referred to the Planning Board for report
thereon before public hearing in front of the Town Board. The Planning
Board shall submit to the Town Board its advisory report within 30
days after receiving notice from the Town Clerk of the proposed change.
The failure to make such report within 30 days shall be deemed to
be a favorable recommendation.
C.
Effective date. This chapter or any amendment of this
chapter shall take effect immediately upon filing with the Secretary
of State, and in addition, such chapter or amendment shall take effect
from the date of its service against a person served personally with
copies thereof, certified by the Town Clerk under the Town Seal and
showing the date of adoption and entry in the minutes.
D.
Public notice and hearing.
(1)
No such change in the text or a zoning district boundary
of this chapter shall become effective until after a public hearing
is held by the Town Board in relation thereto, at which the general
public shall have an opportunity to be heard.
(2)
At least 10 days prior to the date of such public
hearing, a notice of the time and place shall appear in a newspaper
of general circulation in the Town, and such notice shall also be
posted in the Town Hall. Such notice shall describe the area, boundaries,
regulations or requirements that such proposed change involves according
to § 265 of the New York State Town Law.
[Amended 9-6-2012 by L.L. No. 3-2012]
(3)
The Town Clerk shall promptly transmit to the Washington
County Planning Board any matters required to be referred pursuant
to the provisions of §§ 239-i and 239-m of the General
Municipal Law.
(4)
Every zoning law and every amendment to zoning law,
excluding any map incorporated therein, shall be entered in the minutes
of the Town Board. Such minutes shall describe and refer to any map
adopted in connection with such zoning law or amendment.
[Amended 9-6-2012 by L.L. No. 3-2012]
In interpreting and applying the provisions
of this chapter, the regulations shall be held to be the minimum requirements
for the promotion of the public safety, health, convenience, comfort,
propriety and general welfare. It is not intended by this chapter
to interfere with or abrogate or annul any easements, covenants or
other agreements between parties; provided, however, that where this
chapter imposes a greater restriction upon the use of buildings or
premises, this chapter shall control.
A.
If any provision of this chapter is declared invalid
by a court of competent jurisdiction, such judgment shall be confined
in its operation to that provision of this chapter directly involved
in the controversy which gave rise to the judgment and shall not affect
or impair the validity of any other provision of this chapter.
B.
Nothing in this chapter shall be construed to affect
any suit or proceeding now pending in any court or any rights arising
prior to its enactment pursuant to provisions of law then in effect.
This chapter shall take effect immediately upon
filing and publication as prescribed by law.
