Fallsburg Town City Zoning Code
ARTICLE XIII
Interpretation, Effect On Prior Enactments and Illegality or Unconstitutionally
§ 310-13.1 Interpretation.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of a building or premises, or requires larger open spaces than are imposed or required by any other statute, local law, rule, regulation or permit, or by any easement, or agreement, the provisions of this chapter shall control.
§ 310-13.2 Effect on prior enactments.
A.
The Zoning Law of the Town of Fallsburg enacted by Local Law No. 1 of the year 1968 and codified as Chapter 130 of the Town of Fallsburg Municipal Code, and subsequently amended by Local Law No. 4 of the year 1991, is hereby repealed.
B.
Offenses and rights. The repeal of said Chapter 130 shall not affect or impair any act done, offense committed or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time such repeal takes effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted, as fully and to the same extent as if such repeal had not been effected.
C.
Pending actions and proceedings. All actions and proceedings, civil and criminal, commenced under or by virtue of any provision of Chapter 130 hereby repealed, and pending immediately prior to the taking effect of the repeal, may be prosecuted and defended to final effect in the same manner as they might if such provisions were not so repealed.
§ 310-13.3 Illegality or unconstitutionality.
If any clause, sentence, paragraph, word, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, word, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
§ 310-13.4 When effective.
This chapter shall take effect after filing in the office of the Secretary of State and 10 days after publication as provided in Town Law §§ 264 and 265 as superseded by Chapter 130 of the Town of Fallsburg Code, but shall take effect from the date of its service as against a person served personally with a copy hereof, certified by the Town Clerk under the corporate seal of the Town; and showing the date of its passage and entry into the minutes.