N.Y. Town Law § 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.