§ 85-88. Vote on amendments; amendments subject to written protest.

A. 

Legislative intent. Pursuant to § 10 of the Municipal Home Rule Law and § 10 of the Statute of Local Governments, the Town Board of the Town of Brookhaven intends to supersede § 265 of the New York State Town Law (which provides in pertinent part: "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 the town board in the event such amendment is the subject of a written protest,. . ."), to the extent that any amendment to a zoning regulation, restriction or boundary, which is the subject of a written protest submitted to the Town Board in accordance with § 265 of the New York State Town Law, may be approved by majority-plus-one vote (five members) of the members of the Town Board. Notwithstanding the foregoing, the Town Board does not intend to supersede any general law or, specifically, § 239-m or 239-n of the General Municipal Law, with respect to any extraordinary vote that may be required pursuant to such laws.

B. 

Majority-plus-one vote for amendments subject to written protests. Any amendment to a zoning regulation, restriction or boundary, which is the subject of a written protest presented to the Town Board in accordance with § 265 of the New York State Town Law, shall become effective upon the favorable vote of a majority-plus-one vote (five of the members) of the Town Board. This section shall not apply to an amendment(s) for which an extraordinary vote is required pursuant to any other general law or, specifically, § 239-m or 239-n of the General Municipal Law.

C. 

Inconsistency. If any provisions of this section are inconsistent with the provisions of any other local law or act, the provisions of this article shall be controlling.

D. 

Severability. If any provision of this section is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this article shall remain in effect.