Town of Holland, NY General Provisions

In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Holland, as codified and consisting of Chapters 1 through 120, together with an Appendix, are hereby approved, adopted, and enacted as the Code of the Town of Holland, hereinafter referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws, ordinances and resolutions and not as new enactments. This local law and the Code adopted hereby shall supersede and replace the 1988 Code of the Town of Holland, as amended and supplemented.

§ 1-2 Code on file; additions and amendments.

A copy of the Code has been filed in the office of the Town Clerk and shall remain there for use and examination by the public until final action is taken on this local law. Following adoption of this local law such copy shall be certified to by the Clerk of the Town of Holland by impressing thereon the Seal of the Town, as provided by law, and such certified copy shall remain on file in the office of the Town Clerk, to be made available to persons desiring to examine the same during all times while said Code is in effect.

Additions or amendments to the Code, when adopted in such form as to indicate the intent of the Town Board to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Town of Holland" shall be understood and intended to include such additions and amendments. Nothing contained in this local law shall affect the status of any local law, ordinance or resolution contained in the Code, and such local laws, ordinances or resolutions may be amended, deleted or changed from time to time as the Town Board deems desirable.

§ 1-3 Notice; publication.

In the event that notice of enactment of this local law is required due to amendments adopted by way of this local law to zoning or land use provisions, or is otherwise required by law, the Clerk of the Town of Holland shall cause notice of the enactment of this local law to be given in the manner required by law. The notice of the enactment of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-4 Severability.

Each section of this local law and of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

§ 1-5 Repealer.

Repeal of inconsistent enactments. All local laws and ordinances of a general and permanent nature, or parts of such local laws or ordinances, inconsistent with the provisions contained in the Code adopted by this local law are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of Holland which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.

Repeal of specific enactments. The Town Board of the Town of Holland has determined that the following local laws and/ or ordinances are no longer in effect and hereby specifically repeals the following legislation:

(1)

Chapter 33, Publication of Ordinances and Local Laws, of the 1988 Code.

(2)

Chapter 99, Sex Offenders, Art. I, Residency Requirements (L.L. No. 2-2008), of the 1988 Code.

§ 1-6 Enactments saved from repeal; matters not affected.

The repeal of local laws and ordinances provided for in § 1-5 of this local law shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal:

Any right or liability established, accrued or incurred under any legislative provision of the Town of Holland prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.

Any offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Town of Holland or any penalty, punishment or forfeiture which may result therefrom.

Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this local law brought pursuant to any legislative provision of the Town of Holland.

Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Holland.

Any local law or ordinance of the Town of Holland providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Town of Holland or any portion thereof.

Any local law or ordinance of the Town of Holland appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Town of Holland or other instruments or evidence of the Town's indebtedness.

Local laws or ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract, agreement or obligation.

The levy or imposition of special assessments or charges.

The annexation or dedication of property.

Any local law or ordinance relating to salaries and compensation.

Any local law or ordinance amending the Zoning Map.

Any local law or ordinance relating to or establishing a pension plan or pension fund for Town employees.

Any local law or ordinance or portion of a local law or ordinance establishing a specific fee amount for any license, permit or service obtained from the Town.

Any local law or ordinance adopted subsequent to October 13, 2021.

§ 1-7 Changes in previously adopted legislation.

In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of Holland, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the local laws, ordinances and resolutions had been previously formally amended to read as such.

In addition, the amendments and/or additions as set forth in Schedule A[1] attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this local law. (Chapter and section number references are to the local laws, ordinances and resolutions as they have been renumbered and appear in the Code.)

[1]

Editor's Note: In accordance with § 1-7B, the chapters, articles and sections which were added, amended, adopted or repealed by this local law are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article I. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 12-14-2022 by L.L. No. 3-2022." Schedule A, which contains a complete description of all changes, is on file in the Town offices.

Throughout the Code:

(1)

The term "commercial kennel" is changed to "animal kennel."

(2)

The terms "Building Inspector," "Building Zoning Officer," "Ordinance Enforcement Officer," "Code Enforcement Officer," and "Zoning Enforcement Officer" are changed to "Building Safety Inspector/Zoning Enforcement Officer."

(3)

Chapter 120 is amended to change instances of "BZO" and "CEO" to "ZEO."

§ 1-8 Titles and headings; editor's notes.

Chapter and article titles, headings and titles of sections and other divisions of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.

Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.

§ 1-9 Penalties for tampering with Code.

Any person who alters or tampers with the Code of the Town of Holland in any manner whatsoever which will cause the legislation of the Town of Holland to be misrepresented thereby, or who violates any other provision of this local law, shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine of not more than $250 or imprisonment for a term of not more than 15 days, or both.

§ 1-10 When effective.

This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.