Title TWN, Town

§ 261. Grant of power; appropriations for certain expenses incurred\nunder this article. For the purpose of promoting the health, safety,\nmorals, or the general welfare of the community, the town board is\nhereby empowered by local law or ordinance to regulate and restrict the\…

§ 261-a. Transfer of development rights; definitions; conditions;\nprocedures. 1. As used in this section:\n a. "Development rights" shall mean the rights permitted to a lot,\nparcel, or area of land under a zoning ordinance or local law respecting\npermissible use, area, densit…

§ 261-b. Incentive zoning; definitions, purpose, conditions,\nprocedures. 1. Definitions. As used in this section:\n (a) "Incentives or bonuses" shall mean adjustments to the permissible\npopulation density, area, height, open space, use, or other provisions\nof a zoning ordinan…

§ 261-c. Planned unit development zoning districts. A town legislative\nbody is hereby authorized to enact, as part of its zoning local law or\nordinance, procedures and requirements for the establishment and mapping\nof planned unit development zoning districts. Planned unit de…

§ 262. Districts. For any or all of said purposes the town board may\ndivide that part of the town which is outside the limits of any\nincorporated village or city into districts of such number, shape and\narea as may be deemed best suited to carry out the purposes of this act;\…

§ 262-a. Town of Lansing; division of certain parts thereof. For any\nand all of the purposes set forth in article sixteen of the town law,\nthe town board of the town of Lansing may divide all or part of that\nportion of the town which is outside the limits of any incorporated\…

§ 263. Purposes in view. Such regulations shall be made in accordance\nwith a comprehensive plan and designed to lessen congestion in the\nstreets; to secure safety from fire, flood, panic and other dangers; to\npromote health and general welfare; to provide adequate light and a…

§ 264. Adoption of zoning regulations. 1. Method of procedure. The\ntown board shall provide for the manner in which such regulations,\nrestrictions and the boundaries of such districts including any\namendments thereto shall be determined, established and enforced.\nHowever, no…

§ 265. Changes. 1. Such regulations, restrictions and boundaries may\nfrom time to time be amended. Such amendment shall be effected by a\nsimple majority vote of the town board, except that any such amendment\nshall require the approval of at least three-fourths of the members …

§ 265-a. Exemption of lots shown on approved subdivision plats. 1.\nNotwithstanding any inconsistent provision of this chapter or of any\ngeneral, special or local law, the provisions of a zoning ordinance or\nlocal law hereafter adopted, or of a change or amendment thereto, whi…

§ 266. Adoption of first zoning ordinance. 1. In order to avail itself\nof the powers conferred by this article, such town board shall appoint a\ncommission to be known as the zoning commission to recommend the\nboundaries of the various original districts and appropriate regula…

§ 267. Zoning board of appeals. 1. Definitions. As used in this\nsection:\n (a) "Use variance" shall mean the authorization by the zoning board of\nappeals for the use of land for a purpose which is otherwise not allowed\nor is prohibited by the applicable zoning regulations.\n …

§ 267-a. Board of appeals procedure. 1. Meetings, minutes, records.\nMeetings of such board of appeals shall be open to the public to the\nextent provided in article seven of the public officers law. Such board\nof appeals shall keep minutes of its proceedings, showing the vote …

§ 267-b. Permitted action by board of appeals. 1. Orders,\nrequirements, decisions, interpretations, determinations. The board of\nappeals may reverse or affirm, wholly or partly, or may modify the\norder, requirement, decision, interpretation or determination appealed\nfrom and…

§ 267-c. Article seventy-eight proceeding. 1. Application to supreme\ncourt by aggrieved persons. Any person or persons, jointly or severally\naggrieved by any decision of the board of appeals or any officer,\ndepartment, board or bureau of the town, may apply to the supreme cou…

§ 268. Enforcement and remedies. 1. The town board may provide by\nlocal law or ordinance for the enforcement of this article and of any\nlocal law, ordinance or regulation made thereunder. A violation of this\narticle or of such local law, ordinance or regulation is hereby decl…

§ 269. Conflict with other laws. Wherever the regulations made under\nauthority of this article require a greater width or size of yards or\ncourts, or require a lower height of building or less number of stories,\nor require a greater percentage of lot to be left unoccupied, or…

§ 27. Compensation of town officers and employees. 1. The town board\nof each town shall fix, from time to time, the salaries of all officers\nand employees of said town, whether elected or appointed, and determine\nwhen the same shall be payable. The town board shall not fix th…

§ 270. Official map, establishment. The town board may establish an\nofficial map of that part of the town outside the limits of any\nincorporated city or village showing the streets, highways and parks\ntheretofore laid out, adopted and established by law and drainage\nsystems …

§ 271. Planning board, creation, appointment. 1. Authorization. The\ntown board of each town is hereby authorized by local law or ordinance,\nto create a planning board consisting of five or seven members and\nshall, by resolution, appoint the members of such board and designate…

§ 272-a. Town comprehensive plan. 1. Legislative findings and intent.\nThe legislature hereby finds and determines that:\n (a) Significant decisions and actions affecting the immediate and\nlong-range protection, enhancement, growth and development of the state\nand its communit…

§ 273. Official map, changes. Such town board is authorized and\nempowered, whenever and as often as it may deem it for the public\ninterest, to change or add to the official map of the town so as to lay\nout new streets, highways, drainage systems or parks, or to widen or\nclos…

§ 274-a. Site plan review. 1. Definition of site plan. As used in this\nsection the term "site plan" shall mean a rendering, drawing, or sketch\nprepared to specifications and containing necessary elements, as set\nforth in the applicable zoning ordinance or local law, which sho…

§ 274-b. Approval of special use permits. 1. Definition of special use\npermit. As used in this section the term "special use permit" shall mean\nan authorization of a particular land use which is permitted in a zoning\nordinance or local law, subject to requirements imposed by …

§ 276. Subdivision review; approval of plats; development of filed\nplats. 1. Purpose. For the purpose of providing for the future growth\nand development of the town and affording adequate facilities for the\nhousing, transportation, distribution, comfort, convenience, safety,\…

§ 277. Subdivision review; approval of plats; additional requisites.\n1. Purpose. Before the approval by the planning board of a plat showing\nlots, blocks or sites, with or without streets or highways, or the\napproval of a plat already filed in the office of the clerk of the\n…

§ 278. Subdivision review; approval of cluster development. 1.\nDefinitions. As used in this section:\n (a) "cluster development" shall mean a subdivision plat or plats,\napproved pursuant to this article, in which the applicable zoning\nordinance or local law is modified to pro…

§ 279. Subdivision review; record of plats. 1. Filing of plat with\ncounty clerk or register. (a) No plat of a subdivision of land showing\nlots, blocks or sites, shall be filed or recorded in the office of the\ncounty clerk or register until it has been approved by a planning b…

§ 28. Power to administer oaths. Any town officer may administer any\nnecessary oath in any matter or proceeding lawfully before him, or in\nconnection with any paper to be filed with him as such officer.\n

§ 280. Permits for buildings in bed of mapped streets. For the purpose\nof preserving the integrity of such official map or plan no permit shall\nhereafter be issued for any building in the bed of any street or highway\nshown or laid out on such map or plan, provided, however, t…

§ 280-a. Permits for buildings not on improved mapped streets. 1. No\npermit for the erection of any building shall be issued unless a street\nor highway giving access to such proposed structure has been duly placed\non the official map or plan, or if there be no official map or…

§ 281. Municipal improvements in streets. No public municipal street\nutility or improvement shall be constructed by the town in any street or\nhighway within that part of the town outside the limits of any\nincorporated city or village until it has become a public street or\nhi…

§ 282. Court review. Any person or persons, jointly or severally\naggrieved by any decision of the planning board concerning such plat or\nthe changing of the zoning regulations of such land, or any officer,\ndepartment, board or bureau of the town, may have the decision reviewe…

§ 283. Issuance of licenses and permits in certain towns. If, in any\ntown of the first class at the time of the enactment of this chapter,\nthere exists a building department, set up as an adjunct of the planning\nboard, all licenses or permits, whenever and in the manner requi…

§ 283-a. Coordination with agricultural districts program. 1. Policy\nof local governments. Local governments shall exercise their powers to\nenact local laws, ordinances, rules or regulations that apply to farm\noperations in an agricultural district in a manner which does not\…

§ 284. Intermunicipal cooperation in comprehensive planning and land\nuse regulation. 1. Legislative intent. This section is intended to\nillustrate the statutory authority that any municipal corporation has\nunder article five-G of the general municipal law and place within lan…

§ 285. Separability clause. If any part or provision of this article\nor the application thereof to any person or circumstance be adjudged\ninvalid by any court of competent jurisdiction, such judgment shall be\nconfined in its operation to the part, provision or application dir…

§ 29. Powers and duties of supervisor. Except where powers or duties\nspecified herein are devolved upon the town comptroller pursuant to\nsection thirty-four of this chapter, the supervisor of each town.\n 1. Shall act as treasurer thereof and shall demand, collect, receive\nan…

§ 290. Duties of town board. The town board shall lay out into burial\nlots any burial grounds conveyed to them; and within one year after\nconveyance to them they shall cause to be recorded in the office of the\nclerk of the county in which they reside a plot or plots of the gr…

§ 291. Burial grounds. 1. The title to every lot or piece of land\nwhich shall have been used by the inhabitants of any town in this state\nas a cemetery or burial ground for the space of fourteen years shall be\ndeemed to be vested in such town, and shall be subject in the same…

§ 292. Transfer of burial grounds to cemetery corporation. Any town\nmay convey and transfer its right, title and interest in any burial\ngrounds within the limits of and belonging to the town, or belonging to\nthe town and individual lot owners, to a cemetery corporation author…

§ 292-a. Cemetery and funeral home combinations. 1. No town shall,\ndirectly or indirectly:\n (a) sell, or have, enter into or perform a lease of any of its real\nproperty dedicated to cemetery purposes or adjacent thereto to a funeral\nentity, or use any of its property for loc…

§ 293. Exception. All provisions of the preceding sections of this\narticle which are inconsistent with the provisions of chapter\nseventy-six of the laws of eighteen hundred sixty-nine, as amended by\nchapter four hundred thirty-two of the laws of eighteen hundred\nninety-nine,…

§ 294. Armed forces' burial plot. 1. The town board in each of the\ntowns of this state may upon the application in writing of any veteran\narmed forces' association in the town, or upon a petition of any writing\nof five or more veterans of the armed forces of the United States…

§ 295. Removal of remains of deceased members of armed forces. Upon a\nverified petition presented to a judge of a court of record by any armed\nforces' organization in any town or city in this state by a majority of\nits officers, or a majority of any memorial committee in any …

§ 296. Abandonment of cemeteries. Upon a verified petition presented\nto a judge of a court of record by any supervisor of any town in this\nstate, the judge to whom said verified petition is presented shall make\nan order to show cause, returnable before him at a time and place…

§ 30. Powers and duties of town clerk. The town clerk of each town: 1.\nShall have the custody of all the records, books and papers of the town.\nHe shall attend all meetings of the town board, act as clerk thereof,\nand keep a complete and accurate record of the proceedings of …

§ 300. Apportionment of division fence. Each owner of two adjoining\ntracts of land, except when they otherwise agree, shall make and\nmaintain a just and equitable portion of the division fence between such\nlands, unless both of said adjoining owners shall agree to let their\n…

§ 301. Lands lying open. When the owners of adjoining lands shall\nchoose to let them lie open, as provided in section three hundred,\nneither of such owners shall be liable to the other in any action or\nproceeding for any damages done by animals lawfully upon the other's\nprem…

§ 302. Division fence on change of title. Whenever a subdivision or\nnew apportionment of any division fence shall become necessary by reason\nof transfer of the title of either of the adjoining owners, to the whole\nor any portion of the adjoining lands, by conveyance, devise o…