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.