Each town, and many hamlets, have town codes that their politicians strive to enforce. However, these codes are not hard and fast and are subject to amendments, which are happening all the time and often in response to community input.
For local legislatures, the community wields enormous power — our voices, if they are loud enough, have the capability to incite change. While these codes can at times be enigmatic, it’s imperative that we take the time to understand them so that we, as members of the town, know the rules we live by, whether they appear to be justified or not.
In Huntington, a group of residents noticed a discrepancy with how the planning board approached a development application and what their code dictates. The residents, who form the Nathan Hale Nature Preserve, hired a lawyer and filed a lawsuit. They pointed out that a procedure wasn’t followed and the board’s attorney agreed — it wasn’t.
Last year, the Smithtown planning board amended the town code to exclude “convalescent” and “resting” homes from being considered a special exception to zoning restrictions, thereby preventing a proposal submitted by a company from progressing.
Recently, the Town of Brookhaven revitalized enforcement of their town code regarding signs, resulting in the removal of thousands of signs of all shapes and sizes. One reason behind this is that the signs are visually unappealing and don’t fit the town’s aesthetic goals.
Sometimes the rules aren’t so cut and dried. Port Jefferson Village, like most local governments, has sign ordinances that outlaw certain obstructive and unattractive signs that don’t oblige the fixed parameters of the code.
A subjective reason, no matter how well-intentioned, is inevitably open to debate. This was the case where the village lost a legal battle to remove a prohibited and politically charged sign.
Signs are tricky. Their purpose is to communicate, so free speech is always a consideration. Walking this fine line of preserving the integrity of the town while protecting the First Amendment has proved difficult to Port Jefferson Village, which lost a legal battle with a business owner over whether his sign was allowed.
While it is important to protect our First Amendment right, it is also important to oblige our neutral town codes and to ensure our community is a place all residents feel at home.
In becoming a resident, we consent to an unspoken agreement with our fellow residents and with our local officials. If something is amiss in our town, know we have the power to inflict change. We can become better advocates for our communities by becoming conversant with our town codes and learning about the political and legal options available to make the changes we desire come to fruition.
An effective, stable democracy is founded on a scrupulous system of checks and balances. Errors or oversights in our town codes are not cause for alarm, but rather an opportunity to build a better community.
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