[Adopted 5-17-2021 by L.L. No. 1-2021]
In accordance with Subdivision 3 of Section 20 of the Municipal Home Rule Law, the local laws, ordinances, and certain resolutions of the Town of Lancaster, as codified by General Code, and consisting of Chapters 1 through 400, including any and all attachments, shall be known collectively as the "Code of the Town of Lancaster," hereinafter termed the "Town Code." Wherever reference is made in any of the local laws, ordinances, and resolutions contained in the Town Code to any other local law, ordinance, or resolution appearing in said Town Code, such reference shall be changed to the appropriate chapter title, chapter number, article number, or section number appearing in the Town Code as if such local law, ordinance, or resolution had been formally amended to so read. This local law and the Town Code adopted hereby shall supersede and replace the 1966 codification of the Town of Lancaster, as amended and supplemented. The fully amended Town Code is incorporated by reference as if set forth fully herein.
The provisions of the Town 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 Town Code by this local law, are intended as a continuation of such local laws, ordinances, and resolutions and not as new enactments. The effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance, or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town Board, and it is the intention of the Town Board that each such provision contained within the Town Code is hereby reaffirmed as it appears in said Town Code. Only such provisions of former local laws and ordinances as are omitted from this Town Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
Except as provided in § 1-4 below, all local laws and ordinances, or parts of local laws and ordinances, inconsistent with the provisions contained in the Town Code adopted by this local law are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of Lancaster which is not in conflict with the provisions of the Town Code shall be deemed to remain in full force and effect.
The repeal of local laws and ordinances provided for in § 1-3 of this local law shall not affect the following classes of local laws, ordinances, rights, and obligations, which are hereby expressly saved from repeal:
A. 
Any right or liability established, accrued, or incurred under any legislative provision of the Town of Lancaster prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.
B. 
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 Lancaster or any penalty, punishment, or forfeiture which may result therefrom.
C. 
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 Lancaster.
D. 
Any agreement entered into or any franchise, license, right, easement, or privilege heretofore granted or conferred by the Town of Lancaster.
E. 
Any local law or ordinance of the Town of Lancaster 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 Lancaster or any portion thereof.
F. 
Any local law or ordinance of the Town of Lancaster 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 Lancaster or other instruments or evidence of the Town's indebtedness.
G. 
Local laws or ordinances authorizing the purchase, sale, lease, or transfer of property or any lawful contract, agreement or obligation.
H. 
The levy or imposition of special assessments or charges.
I. 
The annexation or dedication of property.
J. 
Any local law or ordinance relating to salaries and compensation.
K. 
Any local law or ordinance amending the Zoning Map.
L. 
Any local law or ordinance relating to or establishing a pension plan or pension fund for Town of Lancaster employees.
M. 
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 of Lancaster.
N. 
Any local law adopted subsequent to November 16, 2020.[1]
[1]
Note: The date of the Town Board meeting when the public hearing to amend the Zoning Code was set by the Town Board.
A copy of the Town Code, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Lancaster and shall remain there for use and examination by the public until final action is taken on this local law; and, if this local law shall be adopted, such copy shall be certified by the Town Clerk of the Town of Lancaster by impressing thereon the Seal of the Town, and such certified copy shall remain on file in the office of said Town Clerk to be made available to persons desiring to examine the same during all times while said Town Code is in effect. The enactment and publication of this local law, coupled with the availability of a copy of the Town Code for inspection by the public, shall be deemed, held, and considered to be due and legal publication of all provisions of the Town Code for all purposes.
Any and all additions, deletions, amendments or supplements to any of the local laws, ordinances and resolutions known collectively as the "Town Code," or any new local laws, ordinances, or resolutions, when enacted or adopted in such form as to indicate the intention of the Town Board to be a part thereof, shall be deemed to be incorporated into such Town Code so that reference to the Town Code shall be understood and intended to include such additions, deletions, amendments, or supplements. Whenever such additions, deletions, amendments, or supplements to the Town Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Town Code as amendments and supplements thereto. Nothing contained in this local law shall affect the status of any local law, ordinance, or resolution contained herein, and such local laws, ordinances, or resolutions may be amended, deleted, or changed from time to time as the Town Board deems desirable.
It shall be the duty of the Town Clerk to keep up-to-date the certified copy of the book containing the Town Code required to be filed in the office of the Town Clerk for use by the public. All changes in said Town Code and all local laws, ordinances, and resolutions adopted by the Town Board subsequent to the enactment of this local law in such form as to indicate the intention of said Board to be a part of said Town Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes, local laws, ordinances, or resolutions until such changes, local laws, ordinances, or resolutions are printed as supplements to said Town Code book, at which time such supplements shall be inserted therein.
A. 
Chapter and article titles, headings and titles of sections and other divisions of the Town Code are inserted in the Town Code and may be inserted in supplements to the Town Code for the convenience of persons using the Town Code and are not part of the legislation.
B. 
Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Town Code are inserted in the Town Code and may be inserted in supplements to the Town Code for the convenience of persons using the Town Code and are not part of the legislation.
Any person who alters or tampers with the Town Code in any manner whatsoever which will cause the legislation of the Town of Lancaster 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.
In compiling and preparing the local laws, ordinances, and resolutions for publication as the Town Code, 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 Town Code as if the local laws, ordinances, and resolutions had been previously formally amended to read as such.
The provisions of this local law are hereby made Article I of Chapter 1 of the Town Code, such local law to be entitled " General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-1 through 1-13, inclusive.
If any part of this local law is for any reason held to be unconstitutional or invalid, such decision shall not affect the remainder of this local law. The Town Board of the Town of Lancaster hereby declares that it would have passed this local law and each section and subsection thereof, irrespective of the fact that any one or more of these sections, subsections, sentences, clauses, or phrases may be declared unconstitutional or invalid.
This local law shall be effective immediately upon filing with the New York Secretary of State.