§ 85-600. Authority and supersession of Town Law.  


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  • This article is enacted pursuant to Statute of Local Governments § 10(6) and Municipal Home Rule Law §§ 10(1)(ii)(a)(14), 10(1)(ii)(d)(3), and 10(2), and is intended to and shall supersede:
    A. 
    The entirety of Town Law § 261-b (relating to incentive zoning);
    B. 
    Town Law § 261-c (relating to planned unit development zoning districts) to the extent that such section requires that certain land uses be provided for through "planned unit development district regulations";
    C. 
    Town Law § 262 (relating to zoning districts) to the extent that such section requires that regulations within a zoning district be uniform for each class or kind of buildings throughout such district;
    D. 
    Town Law § 263 (relating to Comprehensive Plans and zoning purposes) to the extent that the zoning purposes therein are inconsistent with the planning goals and principles underlying the aforesaid Urban Renewal Plan for the Ronkonkoma Hub, the aforesaid Ronkonkoma Hub Transit-Oriented Development Land Use and Implementation Plan, and/or this article;
    E. 
    Town Law § 269 (relating to zoning law conflicts) to the extent that such section provides that regulations made under authority of Article 16 of the Town Law, which impose greater or higher dimensional requirements, shall govern over standards required in any other statute or local law, ordinance or regulation;
    F. 
    Town Law § 270 (relating to an official Town map) to the extent that such section provides that such map shall be final and conclusive with respect to the location and width of streets and highways, drainage systems, and the location of parks shown thereon;
    G. 
    The entirety of Town Law § 272-a (relating to Town Comprehensive Plans);
    H. 
    Town Law § 273 (relating to Official Maps and changes thereto) to the extent that such section requires change or addition to the Town's Official Map so as to lay out new streets, highways, drainage systems, or parks, or to widen or close existing streets, highways, drainage systems, or parks, provides that changes or additions to the Town's Official Map shall be deemed to be final and conclusive with respect to the location of streets, highways, drainage systems, and parks shown thereon, and provides that the layout, widening or closing, or approval of the layout, widening, or closing, of streets, highways, drainage systems, or parks by the Town Board or the Town Superintendent of Highways shall be deemed to be an addition or change of the Town's Official Map and subject to the provisions of Article 16 of the Town Law with regard to such additions or changes;
    I. 
    Subsections 2(a) and 6 of Town Law § 274-a (relating to site plan review and approval) to the extent that such subsections limit required site plan elements to those included in a zoning ordinance or local law authorizing the review, approval, or disapproval of site plans, authorize the Board reviewing site plans to require a park or parks suitably located for playground or other purposes before approving a site plan containing residential units, and authorize the Board reviewing site plans to require a sum of money in lieu of such park or parks; and
    J. 
    The entirety of Subdivision 1 of Town Law § 280-a (relating to permits for buildings not on improved mapped streets).