[Adopted 10-10-1990 as L.L. No. 2-1990]
The Code of the Town of Neversink is hereby amended by deleting and repealing Chapter
29, Land Use, Article
I, Limited Building and Subdivision Moratorium.
The Code of the Town of Neversink is hereby amended by adding thereto a new chapter, to replace Chapter
29 hereinabove repealed, to be Chapter
29, Land Use, Article
I, Limited Building and Subdivision Moratorium of 1990, to read as follows.
This Article shall be known as the "Limited Building and Subdivision
Moratorium of 1990."
The purpose of this Article is to protect the public health,
safety and welfare by assuring adequate water supply and sewage disposal
facilities throughout the town and to preserve the rural character
of the town pending the adoption of a Master Plan and the consideration
for adoption of a Zoning Law.
This moratorium may be extended for up to two additional periods
of up to three months each by resolution of the Town Board upon a
finding of necessity for such extension.
This Article is enacted pursuant to the provisions of the Town
Law and the Municipal Home Rule Law and specifically supersedes any
contrary laws, ordinances and provisions, including but not limited
to § 276, Subdivision 4, of the Town Law.
Any person who shall build or construct any building or structure
or who shall subdivide land or who shall establish or create any nonresidential
land use in violation of this Article shall be guilty of a violation
and subject to a fine not to exceed $250 or 15 days in jail, or both.
Each week a violation continues shall be considered a separate violation.
If any sentence, clause, subdivision, paragraph or section of
this Article is adjudged by any court of competent jurisdiction to
be invalid, such judgment shall be confined in its operation to the
sentence, clause, subdivision, paragraph or section thereof directly
involved in the controversy in which said judgment shall have been
rendered.
This Article shall take effect immediately.