A.
The provisions of this chapter shall not apply to
any land use, improvement or development for which a valid, existing
final approval shall have been obtained prior to the effective date
of this chapter from the authority or authorities of the Town of Ossining
having jurisdiction over such land use. As used in this section, the
term "final approval" shall mean:
(1)
In the case of the subdivision of land: approval of
a final plat as the term is defined in § 276 of the Town
Law.
(2)
In the case of a site plan, special permit or conditional
use permit not involving the subdivision of land: approval by the
appropriate board.
(3)
(a)
The issuance of a building permit for the commencement
of the use, improvement or development for which such permit was issued.
(b)
For those uses, improvements and developments
for which the Town of Ossining does not require such permits: the
actual commencement of the use, improvement or development of the
land.
B.
Any land use, improvement, subdivision, site plan,
special permit, conditional use permit or other action under review
by the Building Inspector, Planning Board or other board that has
not received its final approval as of the date of the adoption of
this chapter by the Town Board, or where such final approval has expired,
shall be subject to the conditions and requirements of this chapter.
In order to carry out the purposes and provisions
hereof, and in addition to the powers specified elsewhere in this
chapter, the following general provisions shall apply:
A.
Indemnification. The applicant and property owner
shall indemnity and hold the town, its officers, employees and agents
harmless against any damage or injury which may arise out of the application
process.
B.
Notice provisions. The deed, contract of sale and
final plat of any land subdivided subsequent to the enactment hereof
shall describe all steep slope areas on said land which are regulated
by this chapter and shall include a note on the deed, contract and
final plat, respectively, that any construction within these areas
requires a permit.
C.
Conflicts. Wherever this chapter is inconsistent with
any other law of the Town of Ossining, whichever law imposes the more
stringent restriction shall prevail.
D.
Severability. The provisions and sections of this
chapter shall be deemed to be severable, and the invalidity of any
portion of this chapter by a court of competent jurisdiction shall
not affect the validity of the remainder of this chapter.
E.
When effective. This chapter shall become effective
immediately upon publishing and posting as required by law.
