If any part or provision of this chapter or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part, provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
chapter or the application thereof to other persons or circumstances,
and the Village Board of Trustees hereby declares that it would have
enacted this chapter or the remainder thereof had the invalidity of
such provision or application thereof been apparent.
This chapter may from time to time be amended. An amendment
shall be effected by a simple majority vote of the Village Board of
Trustees, or by 3/4 of the members of the Village Board of Trustees
in the event that such amendment is the subject of a written protest
presented to the Board and signed by:
A.
The owners of 20% or more of the area of land included in such proposed
change; or
B.
The owners of 20% or more of the area of land immediately adjacent
to that land included in such proposed change, extending 100 feet
therefrom; or
C.
The owners of 20% or more of the area of land directly opposite thereto,
extending 100 feet from the lot frontage of such opposite land.
A.
The Village Board of Trustees shall provide for the manner in which
such regulations, restrictions and the boundaries of such districts,
including any amendments thereto, shall be determined, established
and enforced. However, no such regulations, restrictions or boundaries
shall become effective until after a public hearing in relation thereto,
at which the public 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 the Village.
B.
Service of written notice. At least 10 days prior to the date of
the public hearing, written notice of any proposed regulations, restrictions
or boundaries of such districts, including amendments thereto, affecting
property within 500 feet of the following shall be served personally
or by mail by the Village upon each person or persons as listed below:
(1)
The property of the housing authority erecting or owning a housing
project authorized under the Public Housing Law: upon the executive
director of such housing authority and the chief executive officer
of the municipality providing financial assistance thereto.
(2)
The boundary of a city, Village or town: upon the Clerk thereof.
(3)
The boundary of a county: upon the Clerk of the Board of Supervisors
or other person performing like duties.
(4)
The boundary of a state park or parkway: upon the regional State
Park Commission having jurisdiction over such state park or parkway.
C.
Public hearing. The public, including those served notice pursuant to Subsection B of this section, shall have the opportunity to be heard at the public hearing. Those parties set forth in Subsection B(1), (2), (3) and (4) above, however, shall not have the right of review by a court as hereinafter provided.
D.
Additional requirements. The procedural requirements set forth herein
shall be in addition to the requirements of the provisions of §§ 239-l
and 239-m of the General Municipal Law relating to review by a county
planning agency or regional planning council; the provisions of the
State Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations which are codified
in Part 617 of Title 6 of the New York Codes, Rules and Regulations
and any other general laws relating to land use and any amendments
thereto.
E.
Filing. Every zoning law and every amendment thereto (excluding any
map incorporated therein) adopted shall be entered in the minutes
of the Village Board, and a copy, summary or abstract thereof (exclusive
of any map incorporated therein) shall be published once in the official
newspaper, and a copy of such local law or amendment, together with
a summary or abstract of any map incorporated therein, shall be posted
conspicuously at or near the main entrance to the office of the Village
Clerk, and affidavits of the publication and posting thereof shall
be filed with the Village Clerk. Such minutes shall describe and refer
to any map adopted in connection with such local law or amendment.
F.
Map. Each Village Clerk shall maintain every map adopted in connection
with a zoning local law or amendment.
G.
Effective date. Such local laws shall take effect upon filing in
the office of the Secretary of State, but such local laws or amendments
shall take effect from their date of service as against a person served
personally with a copy thereof, certified by the Village Clerk, and
showing the date of passage and entry in the minutes.
Wherever the requirements of this chapter are at variance with
the requirements of any other lawfully adopted rules, regulations
or ordinances, the more restrictive or that imposing the higher standards
shall govern.
