In their interpretation and application, the provisions of this
chapter shall be held to be the minimum adopted for the promotion
of the public health, safety, comfort, convenience, and general welfare.
It is not intended by this chapter to interfere with or abrogate or
annul any easements, covenants or other agreements between parties;
provided, however, that where this chapter imposes a greater restriction
upon the use of a building or premises, or requires larger open spaces
than are imposed or required by any other statute, local law, rule,
regulation or permit, or by any easement, or agreement, the provisions
of this chapter shall control.
A.
The Zoning Law of the Town of Fallsburg enacted by Local Law No.
1 of the year 1968 and codified as Chapter 130 of the Town of Fallsburg
Municipal Code, and subsequently amended by Local Law No. 4 of the
year 1991, is hereby repealed.
B.
Offenses and rights. The repeal of said Chapter 130 shall not affect
or impair any act done, offense committed or right accruing, accrued
or acquired, or liability, penalty, forfeiture or punishment incurred
prior to the time such repeal takes effect, but the same may be enjoyed,
asserted, enforced, prosecuted or inflicted, as fully and to the same
extent as if such repeal had not been effected.
C.
Pending actions and proceedings. All actions and proceedings, civil
and criminal, commenced under or by virtue of any provision of Chapter
130 hereby repealed, and pending immediately prior to the taking effect
of the repeal, may be prosecuted and defended to final effect in the
same manner as they might if such provisions were not so repealed.
If any clause, sentence, paragraph, word, section or part of
this chapter shall be adjudged by any court of competent jurisdiction
to be unconstitutional, illegal or invalid, such judgment shall not
affect, impair or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, word, section
or part thereof directly involved in the controversy in which such
judgment shall have been rendered.
This chapter shall take effect after filing in the office of
the Secretary of State and 10 days after publication as provided in
Town Law §§ 264 and 265 as superseded by Chapter 130
of the Town of Fallsburg Code, but shall take effect from the date
of its service as against a person served personally with a copy hereof,
certified by the Town Clerk under the corporate seal of the Town;
and showing the date of its passage and entry into the minutes.
