§ 264 — Adoption of zoning regulations

New York § 264

• Jurisdiction: New York
• Law TWN: Town
• Art. 16: Zoning and Planning

Text

§ 264. Adoption of zoning regulations. 1. Method of procedure. The\ntown board shall provide for the manner in which such regulations,\nrestrictions and the boundaries of such districts including any\namendments thereto shall be determined, established and enforced.\nHowever, no such regulations, restrictions or boundaries shall become\neffective until after a public hearing in relation thereto, at which the\npublic shall have an opportunity to be heard. At least ten days' notice\nof the time and place of such hearing shall be published in a paper of\ngeneral circulation in such town.\n Every zoning ordinance and every amendment to a zoning ordinance\n(excluding any map incorporated therein) adopted pursuant to the\nprovisions of this chapter shall be entered in the minutes of the town\nboard; such minutes shall describe and refer to any map adopted in\nconnection with such zoning ordinance or amendment and a copy, summary\nor abstract thereof (exclusive of any map incorporated therein) shall be\npublished once in a newspaper published in the town, if any, or in such\nnewspaper published in the county in which such town may be located\nhaving a circulation in such town, as the town board may designate, and\naffidavits of the publication thereof shall be filed with the town\nclerk. Such ordinance shall take effect ten days after such publication,\nbut such ordinance or amendment shall take effect from the date of its\nservice as against a person served personally with a copy thereof,\ncertified by the town clerk under the corporate seal of the town; and\nshowing the date of its passage and entry in the minutes. Every town\nclerk shall maintain a separate file or filing cabinet for each and\nevery map adopted in connection with a zoning ordinance or amendment and\nshall file therein every such map hereafter adopted; said file or filing\ncabinet to be available at any time during regular business hours for\npublic inspection.\n 2. Service of written notice. At least ten days prior to the date of\nthe public hearing, written notice of any proposed regulations,\nrestrictions or boundaries of such districts, including any amendments\nthereto, affecting property within five hundred feet of the following\nshall be served personally or by mail by the town upon each person or\npersons listed below:\n (a) The property of the housing authority erecting or owning a housing\nproject authorized under the public housing law; upon the executive\ndirector of such housing authority and the chief executive officer of\nthe municipality providing financial assistance thereto.\n (b) The boundary of a city, village or town; upon the clerk thereof.\n (c) The boundary of a county; upon the clerk of the board of\nsupervisors or other person performing like duties.\n (d) The boundary of a state park or parkway; upon the regional state\npark commission having jurisdiction over such state park or parkway.\n 3. Additional requirements. The procedural requirements set forth\nherein shall be in addition to the requirements of the provisions of\nsections two hundred thirty-nine-l and two hundred thirty-nine-m of the\ngeneral municipal law relating to review by a county planning board or\nagency or regional planning council; the provisions of the state\nenvironmental quality review act under article eight of the\nenvironmental conservation law and its implementing regulations which\nare codified in title six part six hundred seventeen of the New York\ncodes, rules and regulations and any other general laws relating to land\nuse and any amendments thereto.\n 4. Public hearing. The public, including those served notice pursuant\nto subdivision two of this section, shall have an opportunity to be\nheard at the public hearing. Those parties set forth in paragraphs (a),\n(b), (c) and (d) of subdivision two of this section, however, shall not\nhave the right of review by a court as hereinafter provided.\n