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0 chapters · 365 sections in this title.
N.Y. Town Law § 261 Grant of power; appropriations for certain expenses incurred under this article
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§ 261. Grant of power; appropriations for certain expenses incurred under this article. For the purpose of promoting the health, safety, morals, or the general welfare of the community, the town board is hereby empowered by local law or ordinance to regulate and restrict the hei…
N.Y. Town Law § 261-A Transfer of development rights; definitions; conditions; procedures
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§ 261-a. Transfer of development rights; definitions; conditions; procedures. 1. As used in this section: a. "Development rights" shall mean the rights permitted to a lot, parcel, or area of land under a zoning ordinance or local law respecting permissible use, area, density, bu…
N.Y. Town Law § 261-B Incentive zoning; definitions, purpose, conditions, procedures
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§ 261-b. Incentive zoning; definitions, purpose, conditions, procedures. 1. Definitions. As used in this section: (a) "Incentives or bonuses" shall mean adjustments to the permissible population density, area, height, open space, use, or other provisions of a zoning ordinance or…
N.Y. Town Law § 261-C Planned unit development zoning districts
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§ 261-c. Planned unit development zoning districts. A town legislative body is hereby authorized to enact, as part of its zoning local law or ordinance, procedures and requirements for the establishment and mapping of planned unit development zoning districts. Planned unit devel…
N.Y. Town Law § 262 Districts
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§ 262. Districts. For any or all of said purposes the town board may divide that part of the town which is outside the limits of any incorporated village or city into districts of such number, shape and area as may be deemed best suited to carry out the purposes of this act; and…
N.Y. Town Law § 262-A Town of Lansing; division of certain parts thereof
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§ 262-a. Town of Lansing; division of certain parts thereof. For any and all of the purposes set forth in article sixteen of the town law, the town board of the town of Lansing may divide all or part of that portion of the town which is outside the limits of any incorporated vil…
N.Y. Town Law § 263 Purposes in view
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§ 263. Purposes in view. Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, flood, panic and other dangers; to promote health and general welfare; to provide adequate light and air;…
N.Y. Town Law § 264 Adoption of zoning regulations
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§ 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 suc…
N.Y. Town Law § 265 Changes
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§ 265. Changes. 1. Such regulations, restrictions and boundaries may from time to time be amended. Such amendment shall be effected by a simple majority vote of the town board, except that any such amendment shall require the approval of at least three-fourths of the members of …
N.Y. Town Law § 265-A Exemption of lots shown on approved subdivision plats
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§ 265-a. Exemption of lots shown on approved subdivision plats. 1. Notwithstanding any inconsistent provision of this chapter or of any general, special or local law, the provisions of a zoning ordinance or local law hereafter adopted, or of a change or amendment thereto, which …
N.Y. Town Law § 266 Adoption of first zoning ordinance
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§ 266. Adoption of first zoning ordinance. 1. In order to avail itself of the powers conferred by this article, such town board shall appoint a commission to be known as the zoning commission to recommend the boundaries of the various original districts and appropriate regulatio…
N.Y. Town Law § 267 Zoning board of appeals
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§ 267. Zoning board of appeals. 1. Definitions. As used in this section: (a) "Use variance" shall mean the authorization by the zoning board of appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations. (b) "Ar…
N.Y. Town Law § 267-A Board of appeals procedure
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§ 267-a. Board of appeals procedure. 1. Meetings, minutes, records. Meetings of such board of appeals shall be open to the public to the extent provided in article seven of the public officers law. Such board of appeals shall keep minutes of its proceedings, showing the vote of …
N.Y. Town Law § 267-B Permitted action by board of appeals
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§ 267-b. Permitted action by board of appeals. 1. Orders, requirements, decisions, interpretations, determinations. The board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and sha…
N.Y. Town Law § 267-C Article seventy-eight proceeding
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§ 267-c. Article seventy-eight proceeding. 1. Application to supreme court by aggrieved persons. Any person or persons, jointly or severally aggrieved by any decision of the board of appeals or any officer, department, board or bureau of the town, may apply to the supreme court …
N.Y. Town Law § 268 Enforcement and remedies
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§ 268. Enforcement and remedies. 1. The town board may provide by local law or ordinance for the enforcement of this article and of any local law, ordinance or regulation made thereunder. A violation of this article or of such local law, ordinance or regulation is hereby declare…
N.Y. Town Law § 269 Conflict with other laws
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§ 269. Conflict with other laws. Wherever the regulations made under authority of this article require a greater width or size of yards or courts, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or im…
N.Y. Town Law § 27 Compensation of town officers and employees
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§ 27. Compensation of town officers and employees. 1. The town board of each town shall fix, from time to time, the salaries of all officers and employees of said town, whether elected or appointed, and determine when the same shall be payable. The town board shall not fix the s…
N.Y. Town Law § 270 Official map, establishment
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§ 270. Official map, establishment. The town board may establish an official map of that part of the town outside the limits of any incorporated city or village showing the streets, highways and parks theretofore laid out, adopted and established by law and drainage systems may …
N.Y. Town Law § 271 Planning board, creation, appointment
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§ 271. Planning board, creation, appointment. 1. Authorization. The town board of each town is hereby authorized by local law or ordinance, to create a planning board consisting of five or seven members and shall, by resolution, appoint the members of such board and designate th…
N.Y. Town Law § 272-A Town comprehensive plan
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§ 272-a. Town comprehensive plan. 1. Legislative findings and intent. The legislature hereby finds and determines that: (a) Significant decisions and actions affecting the immediate and long-range protection, enhancement, growth and development of the state and its communities a…
N.Y. Town Law § 273 Official map, changes
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§ 273. Official map, changes. Such town board is authorized and empowered, whenever and as often as it may deem it for the public interest, to change or add to the official map of the town so as to lay out new streets, highways, drainage systems or parks, or to widen or close ex…
N.Y. Town Law § 274-A Site plan review
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§ 274-a. Site plan review. 1. Definition of site plan. As used in this section the term "site plan" shall mean a rendering, drawing, or sketch prepared to specifications and containing necessary elements, as set forth in the applicable zoning ordinance or local law, which shows …
N.Y. Town Law § 274-B Approval of special use permits
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§ 274-b. Approval of special use permits. 1. Definition of special use permit. As used in this section the term "special use permit" shall mean an authorization of a particular land use which is permitted in a zoning ordinance or local law, subject to requirements imposed by suc…
N.Y. Town Law § 276 Subdivision review; approval of plats; development of filed plats
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§ 276. Subdivision review; approval of plats; development of filed plats. 1. Purpose. For the purpose of providing for the future growth and development of the town and affording adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, hea…
N.Y. Town Law § 277 Subdivision review; approval of plats; additional requisites
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§ 277. Subdivision review; approval of plats; additional requisites. 1. Purpose. Before the approval by the planning board of a plat showing lots, blocks or sites, with or without streets or highways, or the approval of a plat already filed in the office of the clerk of the coun…
N.Y. Town Law § 278 Subdivision review; approval of cluster development
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§ 278. Subdivision review; approval of cluster development. 1. Definitions. As used in this section: (a) "cluster development" shall mean a subdivision plat or plats, approved pursuant to this article, in which the applicable zoning ordinance or local law is modified to provide …
N.Y. Town Law § 279 Subdivision review; record of plats
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§ 279. Subdivision review; record of plats. 1. Filing of plat with county clerk or register. (a) No plat of a subdivision of land showing lots, blocks or sites, shall be filed or recorded in the office of the county clerk or register until it has been approved by a planning boar…
N.Y. Town Law § 28 Power to administer oaths
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§ 28. Power to administer oaths. Any town officer may administer any necessary oath in any matter or proceeding lawfully before him, or in connection with any paper to be filed with him as such officer.
N.Y. Town Law § 280 Permits for buildings in bed of mapped streets
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§ 280. Permits for buildings in bed of mapped streets. For the purpose of preserving the integrity of such official map or plan no permit shall hereafter be issued for any building in the bed of any street or highway shown or laid out on such map or plan, provided, however, that…
N.Y. Town Law § 280-A Permits for buildings not on improved mapped streets
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§ 280-a. Permits for buildings not on improved mapped streets. 1. No permit for the erection of any building shall be issued unless a street or highway giving access to such proposed structure has been duly placed on the official map or plan, or if there be no official map or pl…
N.Y. Town Law § 281 Municipal improvements in streets
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§ 281. Municipal improvements in streets. No public municipal street utility or improvement shall be constructed by the town in any street or highway within that part of the town outside the limits of any incorporated city or village until it has become a public street or highwa…
N.Y. Town Law § 282 Court review
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§ 282. Court review. Any person or persons, jointly or severally aggrieved by any decision of the planning board concerning such plat or the changing of the zoning regulations of such land, or any officer, department, board or bureau of the town, may have the decision reviewed b…
N.Y. Town Law § 283 Issuance of licenses and permits in certain towns
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§ 283. Issuance of licenses and permits in certain towns. If, in any town of the first class at the time of the enactment of this chapter, there exists a building department, set up as an adjunct of the planning board, all licenses or permits, whenever and in the manner required…
N.Y. Town Law § 283-A Coordination with agricultural districts program
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§ 283-a. Coordination with agricultural districts program. 1. Policy of local governments. Local governments shall exercise their powers to enact local laws, ordinances, rules or regulations that apply to farm operations in an agricultural district in a manner which does not unr…
N.Y. Town Law § 284 Intermunicipal cooperation in comprehensive planning and land use regulation
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§ 284. Intermunicipal cooperation in comprehensive planning and land use regulation. 1. Legislative intent. This section is intended to illustrate the statutory authority that any municipal corporation has under article five-G of the general municipal law and place within land u…
N.Y. Town Law § 285 Separability clause
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§ 285. Separability clause. If any part or provision of this article or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application direct…
N.Y. Town Law § 29 Powers and duties of supervisor
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§ 29. Powers and duties of supervisor. Except where powers or duties specified herein are devolved upon the town comptroller pursuant to section thirty-four of this chapter, the supervisor of each town. 1. Shall act as treasurer thereof and shall demand, collect, receive and hav…
N.Y. Town Law § 290 Duties of town board
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§ 290. Duties of town board. The town board shall lay out into burial lots any burial grounds conveyed to them; and within one year after conveyance to them they shall cause to be recorded in the office of the clerk of the county in which they reside a plot or plots of the groun…
N.Y. Town Law § 291 Burial grounds
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§ 291. Burial grounds. 1. The title to every lot or piece of land which shall have been used by the inhabitants of any town in this state as a cemetery or burial ground for the space of fourteen years shall be deemed to be vested in such town, and shall be subject in the same ma…
N.Y. Town Law § 292 Transfer of burial grounds to cemetery corporation
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§ 292. Transfer of burial grounds to cemetery corporation. Any town may convey and transfer its right, title and interest in any burial grounds within the limits of and belonging to the town, or belonging to the town and individual lot owners, to a cemetery corporation authorize…
N.Y. Town Law § 292-A Cemetery and funeral home combinations
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§ 292-a. Cemetery and funeral home combinations. 1. No town shall, directly or indirectly: (a) sell, or have, enter into or perform a lease of any of its real property dedicated to cemetery purposes or adjacent thereto to a funeral entity, or use any of its property for location…
N.Y. Town Law § 293 Exception
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§ 293. Exception. All provisions of the preceding sections of this article which are inconsistent with the provisions of chapter seventy-six of the laws of eighteen hundred sixty-nine, as amended by chapter four hundred thirty-two of the laws of eighteen hundred ninety-nine, sha…
N.Y. Town Law § 294 Armed forces' burial plot
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§ 294. Armed forces' burial plot. 1. The town board in each of the towns of this state may upon the application in writing of any veteran armed forces' association in the town, or upon a petition of any writing of five or more veterans of the armed forces of the United States in…
N.Y. Town Law § 295 Removal of remains of deceased members of armed forces
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§ 295. Removal of remains of deceased members of armed forces. Upon a verified petition presented to a judge of a court of record by any armed forces' organization in any town or city in this state by a majority of its officers, or a majority of any memorial committee in any tow…
N.Y. Town Law § 296 Abandonment of cemeteries
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§ 296. Abandonment of cemeteries. Upon a verified petition presented to a judge of a court of record by any supervisor of any town in this state, the judge to whom said verified petition is presented shall make an order to show cause, returnable before him at a time and place wi…
N.Y. Town Law § 30 Powers and duties of town clerk
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§ 30. Powers and duties of town clerk. The town clerk of each town: 1. Shall have the custody of all the records, books and papers of the town. He shall attend all meetings of the town board, act as clerk thereof, and keep a complete and accurate record of the proceedings of eac…
N.Y. Town Law § 300 Apportionment of division fence
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§ 300. Apportionment of division fence. Each owner of two adjoining tracts of land, except when they otherwise agree, shall make and maintain a just and equitable portion of the division fence between such lands, unless both of said adjoining owners shall agree to let their said…
N.Y. Town Law § 301 Lands lying open
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§ 301. Lands lying open. When the owners of adjoining lands shall choose to let them lie open, as provided in section three hundred, neither of such owners shall be liable to the other in any action or proceeding for any damages done by animals lawfully upon the other's premises…
N.Y. Town Law § 302 Division fence on change of title
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§ 302. Division fence on change of title. Whenever a subdivision or new apportionment of any division fence shall become necessary by reason of transfer of the title of either of the adjoining owners, to the whole or any portion of the adjoining lands, by conveyance, devise or d…