Landowners have rights after all? Who knew?

Submitted by admin on Thu, 05/17/2012 - 10:18

From New York State Town Law:

 

    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.

 
    1. Such regulations, restrictions and boundaries may
  from time to time be amended. Such amendment  shall  be  effected  by  a
  simple  majority  vote of the town board, except that any such amendment
  shall require the approval of at least three-fourths of the  members  of
  the  town  board in the event such amendment is the subject of a written
  protest, presented to the town board and signed by:
    (a) the owners of twenty percent or more of the area of land  included
  in such proposed change; or
    (b)  the  owners  of  twenty  percent  or  more  of  the  area of land
  immediately adjacent to that land  included  in  such  proposed  change,
  extending one hundred feet therefrom; or
    (c)  the owners of twenty percent or more of the area of land directly
  opposite thereto, extending one hundred feet from the street frontage of
  such opposite land.
    The provisions of the previous section relative to public hearings and
  official notice shall apply equally to all proposed amendments.
   
    2.  Amendments  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; such minutes shall
  describe and refer to any map adopted in connection  with  such  change,
  amendment  or  supplement  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 upon filing in the office of  the  town  clerk.  Every
  town  clerk shall maintain every map adopted in connection with a zoning
  ordinance or amendment.
 
At EID:
 
Section 265 of the Town Law can be a powerful tool to combat single-minded political opportunists who seek election for the purpose of imposing their particular ideologies and political will upon others regardless of Constitutional protections and property rights.  Landowner groups in towns considering bans need to be aware of this option and be ready to move...