§ 133. When ordinances shall take
effect.
|
Every ordinance and every amendment to an ordinance
hereafter adopted or approved by the Town Board of the Town of Rockland
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 Rockland shall be void for failure of posting and/or filing
affidavits of posting.
|
§ 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.
|
§ 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; such minutes shall describe and refer to
any map adopted in connection with such zoning ordinance or amendment
and 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. The
Town Clerk shall maintain a separate file or filing cabinet for each
and every map adopted in connection with a zoning ordinance or amendment
and shall file therein every such map hereafter adopted; said file
or filing cabinet to be available at any time during regular business
hours for public inspection.
|
§ 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 per centum 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 3/4 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; such minutes shall describe and refer to
any map adopted in connection with such change, amendment or supplement.
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 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. The Town Clerk shall maintain a separate file or filing
cabinet for each and every map adopted in connection with any change,
amendment or supplement made to any zoning ordinance and shall file
therein every such map hereafter adopted; said file or filing cabinet
to be available at any time during regular business hours for public
inspection.
|