LL #01-2002Local al Law -til in a NEW YORK STATE DEPARTMENT OF STATE
d 41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
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Town
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Local Law No- ------------------------------------ of the year 20-02--
A local law of the Year 2002, adopting 'Greenway
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Be it enacted by the -------- T-Qwn-Roaxd----------------------------------------------------------------- of the
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Town of - ---- - - -- -P� g - --- -- -- - -- - - - - as follows:
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DOS -339 (Rev. 11/99,%
(1)
LOCAL LAW No. #1 OF THE YEAR 2002
A Local Law entitled "Local Law No. ii 1 of the Year 2002, adopting `Greenway
Connections'."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1 Title: "Local Law No of the Year 2002 adopting "Greenway Connections".
This Local Law shall be known and cited as "Local Law No. it 1 of the Year 2002,
adopting "Greenway Connections".
Section 2. Legislative Intent:
1. The Town of Wappinger has heretofore agreed to adopt as a statement of land use
policies, principles and the document entitled "Greenway Connections: Greenway Compact
Program and Guides for Dutchess County Communities" dated March 8, 2000. In order to
implement the policies, principals and guides contained in said document, the Town of Wappinger
hereby intends to amend appropriate sections of the Town Code.
Section 3 Adoption of "Greenway Connections":
1. Chapter 240 of the Town Code of the Town of Wappinger is hereby amended by the
addition of Section 240-2.1 as follows:
"240-2.1 — Greenway Connections:
A. Pursuant to the provisions of Section 44-0119 of the Environmental Conservation
Law of the State of New York, the Town of Wappinger hereby adopts as a statement of
land use policies, principles and guides the document entitled "Greenway Connections:
Greenway Compact Program and Guides for Dutchess County Communities" dated
March 8, 2000 (hereinafter referred to as Greenway Connections), by which action the
Town of Wappinger becomes a participating community in the Greenway Compact.
B. Proposals to amend "Greenway Connections" may from time to time be made by the
Hudson River Valley Greenway Communities Council (hereinafter referred to as
"Greenway Council") in response to requests from participating communities. Within 90
days of receipt of any such proposal from the Greenway Council, the Town Board of the
Town of Wappinger shall determine by resolution whether to accept or to reject such
proposed amendment. Any proposed amendment so accepted shall be considered an
amendment of "Greenway Connections" as adopted by the Town of Wappinger. Any
proposed amendment rejected by the Town Board will not be considered to be an
amendment of "Greenway Connections " for the Town of Wappinger, and notice of such
rejection shall promptly be provided to the Greenway Council. Failure of the Town Board to
accept such proposed amendment shall be deemed a rejection thereof.
C. It is the stated policy of Town Board of the Town of Wappinger that when the Town
considers future enactments or amendments of its land use laws, rules or regulations, the
Town Board shall consider the statement of land use policies, principles and guidelines
contained in the "Greenway Connections ", in its deliberative process, and the Town Board
shall, prior to enacting such land use law, rule or regulation, make a finding that such law,
rule or regulation is consistent with the land use policies, principles and guidelines contained
in "Greenway Connections ", to the extent the Town Board deems appropriate. All
determinations made hereunder shall be deemed legislative decisions within the Town
Board's legislative discretion.
D. The Town Board hereby finds that any Town reviewing Board, including but not limited
to the Planning Board and Zoning Board of Appeals, in its deliberations on any
discretionary actions under the Zoning Law, shall consider the statement of policies,
principles and guidelines "Greenway Connections as such reviewing Board deems
appropriate and relevant in its determinations on such discretionary decisions."
2. Chapter 240 of the Town Code of the Town of Wappinger is hereby amended by the
addition of Section 240-112. A. (3) as follows:
"Section 240-112. A. (3). Greenway Connections.
Whenever undertaking any amendment, supplement or repeal of the
Zoning Code of the Town of Wappinger, the Town Board shall consider
the statement of land use policies, principles and guidelines contained in
the Greenway Connections, in its deliberative process, as set forth in
Section 240-2.1 of this Code."
3. The Town Code of the Town of Wappinger is hereby also amended by the addition of
the following Section to Chapter 217 (Subdivision of Land) by the Addition of Section 217-4.1
as follows:
"217-4.1 Greenway Connections. The Town Board hereby finds that any Town
reviewing Board, including, but not limited to, the Planning Board and the Zoning Board
of Appeals in its deliberations on any discretionary actions under the Subdivision of Land
Code shall consider the statement of policies, principles and guidelines in 'Greenway
Connections' as such reviewing Board deems appropriate and relevant in its deliberations
on such discretionary actions."
4. Chapter 217 of the Town Code of the Town of Wappinger is further amended by the
addition of the section 217-7(C), as follows:
"217-7(C) - Greenway Connections. Whenever the Planning Board, subject to the approval
of the Town Board undertakes an amendment to the Subdivision of Land Code, it shall
consider the statement of land use policies, principles and guidelines contained in the
"Greenway Connections" as set forth in paragraph 217.4.1."
Section 4. Home Rule Authority:
Nothing in this Local Law adopting "Greenway Connections ", or in becoming a
participating community in the Greenway Compact is intended, or shall be construed (a) to limit the
home rule authority of the Town under State Law to make local land use and zoning decisions, (b)
to authorize any other entity to supersede the Town's land use laws and regulations or to impose any
requirements on the Town, or (c) to prevent the Town in its sole discretion from adopting a local
law at a later date for the purpose of withdrawing from the Greenway Compact or "Greenway
Connections ".
Section 5. Separability
If any part or provision of this Local Law or application thereof to any person or
circumstance shall be adjudged invalid by any court of competent jurisdiction, such judgment
shall be confined in its operation to the part of the provision or application directly involved in
the controversy in which judgment shall have been rendered and shall not affect or impair the
validity of the remainder of this Local Law or the application thereof to other persons or
circumstances, and the Town of Wappinger hereby declares that it would have passed this Local
Law or the remainder thereof had such invalid application or invalid provision been apparent.
Section 6. Effective Date:
This Local Law shall take effect immediately upon filing in the office of the Secretary of
State in accordance with Section 27 of the Municipal Home Rule Law.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. ------ -#1 of 20___ ---
of the ((PiXr3t'XNGiX-�(Town)(XiXX&Ye) of ---- Wagp-ingez------------------------------------- was duly passed by the
Town Board -------------- -- ----- on_-eb___1_l____-_ 20 Q2, in accordance with thea livable provisions of law.
(Name of Legislative Body) ` PP P
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20--____
of the (County)(City)(Town)(Village) of_________________________________________________________________ was duly passed by the
----------------------------------------------- on
------------------ 20 ___ ,and was (approved)(not approved) (repassed after
(Name o/Legu(ative Bodv)
disapproval) by the --------------------------------------------------- and was deemed duly adopted on 20_
(Elective ChiefExecutive Officer*)
----------------- ---,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20--____
of the (County)(City)(Town)(Village) of ________________________ _ was duly passed by the
-----------------
--------------------------------------------------- on ------------------
20---_ , and was (approved)(not approved)(repassed after
(Name of Legislative Bodv)
disapproval) by the _________________________________________________ on ------------------- 20____'. Such local law was submitted
(Elective Chief Executive Officer*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (gene ral)(special)(annua1) election held on __________________ 20L-__ , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20---___
of the (County)(City)(Town)(Village) of ________________________________ _ __ _ _ was duly passed by the
-- ------------------------
--------------------------------------------------- on ------------------
20-- , and was (approved)(not approved)(repassed after
(Nmne of Legislative Bodv)
disapproval) by the _______________________________________________
(Elective Chief Erecutive Officer*) ___ on __________________ 20 ___ ,Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 20-___ , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20--____
of the City of _____________________________________________ having been submitted to referendum pursuant to the provisions of
seztion (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(general) election held on------------------- 20
became operative. '
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20____-_
of the County of _______________________________________________ State of New York, having been submitted to the electors
at the General Election of November ______________________ 20----, pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding.local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph ---_-I------- above. , .477
(Seal)
Clerk of the County leg.
or officer designated by
GLORIA MORSE,
Date:
Clerk
or Village Clerk
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTYOF D1JTC'.HF0,S
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexed hereto.
ignature
ALBERT P. ROBERTS Attorney to Town
Title
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own
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Date: � 2002
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