If any clause, sentence, paragraph, section or article of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair, or invalidate
the remainder hereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or article thereof directly involved
in the controversy in which such judgment shall have been rendered.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All nouns and pronouns shall be construed in the singular, plural,
masculine, feminine, or neutered context when the provisions hereof
so demand or admit. Words shall have their defined meanings and all
words shall have standard meanings as applied within the context of
the clause in which such terms appear. Subject headings are for convenience
and shall not be construed or applied to limit or restrict the subject
matter and terms appearing under such subject heading. Whenever any
reference is made to any section of law or regulations, such reference
shall be interpreted to include such law or regulation as later amended,
renumbered, or re-codified, and a mere typographical citation error
shall not be given effect.
The Town, and its officers and agents, shall not be liable or
responsible for any injuries to persons or damages to property due
to the Town's actions, or failures to act, under or pursuant
to this chapter unless it is proven to a reasonable degree of certainty
that such injury or damage was solely caused by a willful or intentional
act of the Town or its officers and agents. This provision shall be
construed and applied to the maximum extent permitted by law, and
does not create any theory or claim of liability where none exists
at law or in equity.
Any fees referenced in this chapter may be implemented and periodically
updated by the Town Board by resolution. Without limiting the requirements
of this chapter, fee schedules may be developed for permit applications,
issuance, or renewals, amended permits, inspections, and other actions
of the Enforcement Officer as described in, required by, or contemplated
under this chapter. All such fees shall be reasonably determined in
accord with law and periodically reviewed by the Town Board to assure
reasonableness and legality. Whenever the Town or the Enforcement
Officer incur any expenses in relation to any application, review,
or permit issuance process, such as but not limited to, postage, publication,
photocopying, or consulting (including legal and engineering consulting),
the reasonable cost of such expenses shall be reimbursed to the Town
by the applicant when permitted by law, including pursuant to the
federal, state, and local laws and regulations pertaining to environmental
and stormwater review.
Whenever any judgment, determination, or right of decision is
herein granted to the Enforcement Officer the Enforcement Officer
shall be deemed to be exercising reasonable discretion in such determination.
Any person aggrieved by any determination or finding of the Enforcement
Officer may appeal such determination to the Town's Zoning Appeals
Board (ZBA) in accord with the requirements of Town Law § 267-a.
Any person aggrieved by any decision or determination of the Town
or the ZBA may have said decision or determination reviewed by the
Supreme Court in the manner provided by Article 78 of the Civil Practice
Law and Rules. This provision shall not: expand the jurisdiction,
scope, or applicability of said Article 78; or create a right of standing
where such right does not otherwise exist. The Town does not hereby
waive any claims, rights, or defenses it may have regarding questions
of law or fact pertaining to the judicial and legal concepts of ripeness,
standing, timeliness, governmental immunities, or of any other matter.