2023 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.