[HISTORY: Adopted by the Town Board of the Town of Warwick 7-1-1970
by L.L. No. 2-1970 (Ch. 100 of the 1973 Municipal Code). Amendments noted
where applicable.]
Section 133 of the Town Law, as last amended by Chapter 958 of the Laws
of 1972, is hereby amended in its application to the Town of Warwick, County
of Orange and State of New York, to read as follows:
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§ 133. When ordinances shall take effect.
  Every ordinance and every amendment to an ordinance hereafter
adopted or approved by the Town Board of the Town of Warwick shall be entered
in its minutes, except that it shall not be necessary to enter in its minutes
any map adopted or approved in connection with a zoning ordinance or amendment,
and a notice setting forth the title and a brief description of every such
ordinance or of every such amendment to an ordinance shall be published once
in the official newspaper of the Town or, if there is none, in a newspaper
designated by the Town Board having general circulation in the Town, once,
and the affidavit of such publication shall be filed with the Town Clerk.
Such ordinance or amendment shall take effect 10 days after such publication;
but such ordinance or amendment shall take effect from the date of its service
as against a person served personally with a copy thereof, certified by the
Town Clerk under the Corporate Seal of the Town and showing the date of its
passage and entry in the minutes. No ordinance or amendment previously adopted
or approved by the Town Board of the Town of Warwick to which the provisions
of this article are applicable shall be void for failure of posting and/or
filing affidavits of posting.
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Section 134 of the Town Law, as last amended by Chapter 958 of the Laws
of 1972,[1] is hereby amended in its application to the Town of Warwick, County
of Orange and State of New York, to read as follows:
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§ 134. Proof of ordinance.
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  The certificate of the Town Clerk setting forth that the
records of the Town show the adoption of one or more ordinances and the publishing
of a notice setting forth the title and a brief description thereof as required
by this chapter shall be presumptive evidence of such adoption and publication
in any action or special proceeding in any court or otherwise. The Town Clerk
of the Town of Warwick shall maintain a separate file or filing cabinet for
each and every map adopted in connection with the Zoning Ordinance or amendment,
said file or filing cabinet to be available at any time during regular business
hours for public inspection.
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[1]
Editor's Note: Section 134 of the Town Law was subsequently amended
by L. 1973, c. 240.
Section 264 of the Town Law, as last amended by Chapter 958 of the Laws
of 1972,[1] is hereby amended in its application to the Town of Warwick, County
of Orange and State of New York, to read as follows:
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§ 264. Method of procedure.
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  The Town Board shall provide for the manner in which such
regulations and restrictions and the boundaries of such districts shall be
determined, established and enforced, and from time to time amended, supplemented
or changed. However, no such regulation, restriction or boundary shall become
effective until after a public hearing in relation thereto, at which parties
in interest and citizens shall have an opportunity to be heard. At least 10
days' notice of the time and place of such hearing shall be published in a
paper of general circulation in such Town, and a written notice of any proposed
change or amendment affecting property within the protectively zoned area
of a housing project authorized under the Public Housing Law, as such area
is shown on an approved zoning map filed with the Town officer charged with
enforcement of zoning regulations, or property within 500 feet of the boundaries
of any city, village, town, county, state park or parkways, shall be given,
in the case of a housing project, to the housing authority erecting or owning
the project and to the government providing financial aid or assistance thereto,
and in the case of any state park or parkway, to the Regional State Park Commission
having jurisdiction over such state park or parkway, and in the case of a
city, village or town, to the Clerk of such city, village or town, and in
the case of a county, to the Clerk of the Board of Supervisors or other person
performing like duties, at least 10 days prior to the date of such public
hearing. Such city, village, town or county shall have the right to appear
and to be heard at such public hearing with respect to any such proposed change
or amendment, but shall not have the right of review by a court as hereinafter
provided.
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  Every zoning ordinance and every amendment to a zoning ordinance
(excluding any map incorporated therein) adopted pursuant to the provision
of this chapter shall be entered in the minutes of the Town Board. A notice
setting forth the title and a brief description of every such ordinance and
every amendment of such ordinance (exclusive of any map incorporated therein)
shall be published once in a newspaper published in the Town, if any, or in
such newspaper published in the county in which such Town may be located having
a circulation in such Town, as the Town Board may designate, and affidavits
of the publication of the notice as hereinabove provided shall be filed with
the Town Clerk. Such ordinance shall take effect 10 days after such publication,
but such ordinance or amendment shall take effect from the date of its service
as against a person served personally with a copy thereof, certified by the
Town Clerk under the Corporate Seal of the Town and showing the date of its
passage and entry in the minutes.
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[1]
Editor's Note: Section 264 of the Town Law was last amended by L.
1997, c. 458.
Section 265 of the Town Law, as last amended by Chapter 958 of the Laws
of 1972,[1] is hereby amended in its application to the Town of Warwick, County
of Orange and State of New York, to read as follows:
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§ 265. Changes.
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  Such regulations, restrictions and boundaries may from time
to time be amended, supplemented, changed, modified or repealed by ordinance.
In case, however, of a protest against such change signed by the owners of
20% or more either of the area of the land included in such proposed change
or of that immediately adjacent extending 100 feet therefrom or of that directly
opposite thereto extending 100 feet from the street frontage of such opposite
land, such amendment shall not become effective except by the favorable vote
of at least 3/4 of the members of the Town Board. The provisions of the previous
section relative to public hearings and official notice shall apply equally
to all changes or amendments.
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  Changes, amendments or supplements made to any zoning ordinance
(excluding any map incorporated therein) adopted pursuant to the provisions
of this chapter shall be entered in the minutes of the Town Board. A notice
setting forth the title and a brief description of every such change, amendment
or supplement (exclusive of any map incorporated therein) shall be published
once in a newspaper published in the Town, if any, or in such newspaper published
in the county in which such Town may be located having a circulation in such
Town, as the Town Board may designate, and affidavits of the publication thereof
shall be filed with the Town Clerk. Such ordinance shall take effect 10 days
after such publication, but such ordinance shall take effect from the date
of its service as against a person served personally with a copy thereof,
certified by the Town Clerk under the Corporate Seal of the Town and showing
the date of its passage and entry in the minutes.
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[1]
Editor's Note: Section 265 of the Town Law was last amended by L.
1991, c. 657.
