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Dutch.ess County .
~!.aln~lng and Development
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Poughkeepsie. New '(or.-: 12.601
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TOWN OF WAPPINGER
.
LOCAL LAW NO.
OF THE YEAR 2000
A local law to adopt Greenway Connections.
Be it enacted by the Town Board of the Town of Wappinger as follows:
Section 1. Adoption of Greenway Connections
1. 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 the statement of land use policies, principles and guides entitled
"Greenway Connections: Greenway Compact Program and Guides for
Dutchess County Communities" (hereinafter referred to as Greenway
Connections), by which action the Town of Wappinger becomes a
participating community in the Greenway Compact.
2. 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.
3. It is the stated policy of the Town of Wappinger that, to the extent the Town
amends its current, or enacts new, land use laws and regulations, such new
or amended laws and regulations, where appropriate, should be designed to
be consistent with Greenway Connections.
Section 2. Amendment of Zonin9 Code
To implement Greenway Connections in the Town of Wappinger, the Zoning
chapter of the Code of the Town of Wappinger is hereby amended by the addition
of the following provision:
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~ . Greenway Connections. By Local Law No. of the Year 2000
- -
the Town of Wappinger has adopted Greenway Connections: Greenway
Compact Program and Guides for Dutchess County Communities, as
amended from time to time, as a statement of land use policies, principles,
and guides to supplement other established land use policies in the Town. In
its discretionary actions under this zoning code, the reviewing agency should
take into consideration said statement of policies, principles and guides, as
appropriate.
Section 3. Amendment of Subdivision Code
To implement Greenway Connections in the Town of Wappinger, the Subdivision of
Land chapter of the Code of the Town of Wappinger is hereby amended by the
addition of the following provision:
~_' Greenway Connections. By Local Law No. _ of the Year 2000
the Town of Wappinger has adopted Greenway Connections: Greenway
Compact Program and Guides for Dutchess County Communities, as
amended from time to time, as a statement of land use policies, principles,
and guides to supplement other established land use policies in the Town. In
its discretionary actions under this subdivision code, the reviewing agency
should take into consideration said statement of policies, principles and
guides, as appropriate.
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. Separabilitv
If any part or provision of this Local Law or the application thereof to any person or
circumstance be adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part of 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.
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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.
Revised 12/26/00