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This entry was published on 2014-09-22
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SECTION 264
Adoption of zoning regulations
Town (TWN) CHAPTER 62, ARTICLE 16
§ 264. Adoption of zoning regulations. 1. Method of procedure. The
town board 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 ten days' notice
of the time and place of such hearing shall be published in a paper of
general circulation in such town.

Every zoning ordinance and every amendment to a 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; such minutes shall describe and refer to any map adopted in
connection with such zoning ordinance or amendment and a copy, summary
or abstract thereof (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 ten 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. Every town
clerk shall maintain a separate file or filing cabinet for each and
every map adopted in connection with a zoning ordinance or amendment and
shall file therein every such map hereafter adopted; said file or filing
cabinet to be available at any time during regular business hours for
public inspection.

2. Service of written notice. At least ten days prior to the date of
the public hearing, written notice of any proposed regulations,
restrictions or boundaries of such districts, including any amendments
thereto, affecting property within five hundred feet of the following
shall be served personally or by mail by the town upon each person or
persons listed below:

(a) 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.

(b) The boundary of a city, village or town; upon the clerk thereof.

(c) The boundary of a county; upon the clerk of the board of
supervisors or other person performing like duties.

(d) The boundary of a state park or parkway; upon the regional state
park commission having jurisdiction over such state park or parkway.

3. Additional requirements. The procedural requirements set forth
herein shall be in addition to the requirements of the provisions of
sections two hundred thirty-nine-l and two hundred thirty-nine-m of the
general municipal law relating to review by a county planning board or
agency or regional planning council; the provisions of the state
environmental quality review act under article eight of the
environmental conservation law and its implementing regulations which
are codified in title six part six hundred seventeen of the New York
codes, rules and regulations and any other general laws relating to land
use and any amendments thereto.

4. Public hearing. The public, including those served notice pursuant
to subdivision two of this section, shall have an opportunity to be
heard at the public hearing. Those parties set forth in paragraphs (a),
(b), (c) and (d) of subdivision two of this section, however, shall not
have the right of review by a court as hereinafter provided.