Should any section or provision of this chapter be declared
by a court of competent jurisdiction to be invalid, such decision
shall not affect or impair the validity of this chapter as a whole,
or of any other part thereof, but such decision shall be restricted
solely to the specific section or provision found to be invalid, and
then only to the circumstances under which the section or provision
was found to be invalid.
These rules and regulations may be amended, altered, revised
or replaced by the Town Board, from time to time, by local law.
By adopting the local law making this chapter effective, pursuant
to authority provided in the Municipal Home Rule Law of the State
of New York, including but not limited to § 10(1)(ii)(a)(12)
and (d)(3) thereof, the Marcellus Town Board intends that the provisions
of this chapter shall supersede the provisions of § 276
of the Town Law of the State of New York, and § 239-n of
the New York General Municipal Law, including but not limited to the
provisions of Town Law § 276, Subsections: 4 (Definitions);
5(d)(ii) (Public Hearings) (but only for minor lot alterations); 6(d)
(Final plats not in substantial agreement with the approved preliminary
plat); 7(b) (Approval of plats in sections); 7(c) (Duration of conditional
approval of final plat); 8 (Default approval of preliminary or final
plat); 11 (Filing of final plat) and § 239-n of the General
Municipal Law (but only for minor lot alterations). The above number
references to particular subsections of § 276 of the Town
Law are intended to be illustrative and not exclusive, it being the
intent that this chapter shall supersede: (a) the provisions of § 276
of the Town Law of the State of New York; and (b) with regard to the
minor lot alterations only, the provisions of § 239-n of
the General Municipal Law.
