In adopting this chapter, all prior zoning ordinances
and amendments thereto are hereby repealed.
The effective date of this chapter is January
1, 1994.
This chapter shall not apply to:
A.
Building permits issued prior to the effective date
of this chapter, except that no building permit shall be extended
if no site work authorized by the permit has been commenced within
six months of the date of issuance of such permit.
B.
Special permits and site development plan approvals
issued prior to adoption of this chapter, except that no special permit
or site development plan approval shall be extended if no building
permit has been issued pursuant to such special permit or site development
plan approval within 12 months of approval of such special permit
or site development plan approval.
C.
Projects which are the subject of draft environmental
impact statements which have been accepted as complete by the Town
Board, Planning Board or Zoning Board of Appeals, whichever the case
may be, prior to the effective date of this chapter and which have
received preliminary subdivision approval, a special permit or site
development plan approval within 12 months of the effective date of
this chapter.
D.
Subdivision or site development plan approval applications
which, as of September 20, 1993, had been submitted to the Town Planning
Board with payment of the proper fee, which had a Planning and Community
Improvement Department review memo issued and which applications were
not inactive during any six-month period prior or subsequent to September
20, 1993. Said applications may be processed under laws and conditions
in effect prior to September 20, 1993.
No permit or variance shall be granted in violation
of any stipulation of settlement of any litigation settled by the
Town prior to the effective date of this chapter.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort and general welfare and, more particularly, for the purposes set forth in Article I. It is not intended by this chapter to interfere with or abrogate or annul any easement, covenant or other agreement between parties; provided, however, that when this chapter imposes a greater restriction on the use of buildings or land or on the heights of buildings or requires larger open spaces or makes any other greater requirements than are imposed or required by any other ordinance, rule or regulation or by easements, covenants or agreements, the provisions of this chapter shall control.
If any section, subsection, paragraph, sentence,
clause or phrase of this chapter is declared by any court of competent
jurisdiction to be invalid, such invalidity shall not affect any other
portion of this chapter. The Town Board hereby declares that it would
have adopted every section, subsection, paragraph, sentence, clause
and phrase of this chapter regardless of the fact that any other section,
subsection, paragraph, sentence, clause or phrase shall be declared
invalid.
