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Should any section or provision of this chapter be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 01-2000, passed 6-27-00)
Where, because of topographical or other conditions peculiar to the site, strict adherence to the provisions of the regulations in this chapter would cause unnecessary hardship, the Planning Board may recommend and the Town Commissioners authorize a variance, if such variance can be made without destroying the intent of this chapter. Any variance thus authorized is required to be entered in writing in the minutes of the Planning Board and of the Town Commissioners, and the reasoning on which the departure was justified set forth.
(Ord. 01-2000, passed 6-27-00)
(A) The Town Commissioners may from time to time amend the terms of this chapter, but no amendment shall become effective unless it shall have been proposed by or shall have been submitted to the Planning Board for review and recommendation. The Planning Board shall have 45 days from the time the proposed amendment is submitted within which to submit its report. If the Planning Board fails to submit a report within the specified time, it shall be deemed to have recommended approval of the amendment.
(B) No amendment shall be adopted by the governing body until they have held a public hearing on the amendment. Notice of the hearing shall be published in a newspaper of general circulation in the town's area at least once a week for two successive calendar weeks prior to the hearing. The initial notice shall appear not more than 25 nor less than 10 days prior to the hearing date. In computing the 10- to 25-day period, the date of first publication shall not be counted, but the date of the hearing shall be counted.
(Ord. 01-2000, passed 6-27-00)
It is not intended that this chapter repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued pursuant to law. However, where this chapter imposes greater restrictions, the provisions of this chapter shall govern.
(Ord. 01-2000, passed 6-27-00)
This chapter in part carries forward by re-enactment some of the provisions of the subdivision regulations of the town, adopted by the Town Council in September, 1966, as amended, and it is not the intention to repeal but rather to re-enact and continue in force such existing provisions so that all rights and liabilities that have accrued hereunder are preserved and may be enforced. All provisions of the subdivision regulations of the town enacted in September, 1966, as amended, which are not continued in effect are hereby repealed. All suits at law or in equity and/or all prosecutions resulting from the violation of any subdivision regulations heretofore in effect, which are now pending in any of the courts of this state or the United States, shall not be abated or abandoned by reason of the adoption of this chapter, but shall be prosecuted to their finality the same as if this chapter had not been adopted. Any and all violations of the existing subdivision regulations, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted, and nothing in this chapter shall be construed as to abandon, abate or dismiss any litigation or prosecution now pending, and/or which may heretofore have been instituted or prosecuted.
(Ord. 01-2000, passed 6-27-00)