NY Town L § 264 (2021)
2021 New York Laws TWN - Town Article 16 - Zoning and Planning 264 - Adoption of Zoning Regulations.

§  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.