2001-01-18
T 0Uf7 of Wqpi'yer, 20Mic/clkbu5l1 Road, Wqpiryers Fa/Is, New Ytrk, 12590-0324
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RECEIVED
,JAN .2 2 2D0J1
SUPEHV/SOR'S 0 -
rOWN OF WA FF/CE
PPINGER
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W appinff'"G~ Trail Committee
Mrs Constance Smith
Town of Wappingers
20 Middlebush rd.
Wappinger Falls, N.}: 12590
January 182001
Subject: Greenway Compact
Re: Greenway Executive meeting as of 1/17/01
Dear Supervisor;
I recently attended subject meeting, and as the chairperson for the
Wappinger Greenway learned that the town has not to date formally
joined the county's Greenway Compact I am submitting my request
the town give some serious consideration in joining this compact.
The membership does offer some key advantages such as guidance
for future community development / planning, legal land use advice
and helps as a member to obtain future grants.
Enclosed is a copy of an outline Fishkill is in the process of adopting
as their local law incorporating the request for planning considerations
for future development The acceptance in incorporating into local law
will be the key to becoming a member of the county compact It must be
noted the compact is not a mandate it is a guide for future development!
planning considerations. .
I hope you and your boar.d would look favorably into joining in the
near future. If there are detail concerns / questions, they may be directed
to Mr. John Clark Senior Planner at Dutchess County Dept. of Planning
and Development 485-486-3600. '
Thanksfor your cooperation in this matter.
Sin rely_r-J
RECEIVED ~
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JAN 2 6 ?001
TOWN CLERK
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VILLAGE OF FISH KILL
LOCAL LAW NO.
OF THE YEAR 2000
A local law to adopt Greenway Connections.
Be it enacted by the Village Board of the Village of Fishkillas 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 Village of Fishkill 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 Village of Fishkill 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 Village Board of the Village of Fishkill 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 Village of Fishkill. Any proposed
amendment rejected by the Village Board will not be considered to be an
amendment of Greenway Connections for the Village of Fishkill, and notice of
such rejection shall promptly be provided to the Greenway Council.
3. It is the stated policy of the Village of Fishkill that, to the extent the Village
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 Zoning Code
To implement Greenway Connections in the Village of Fishkill, the Zoning chapter of
the Code of.the Village of;,Fishkill is hereby amended by the addition of the following
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~ . Greenway Connections. By Local Law No. of the Year 2000
the Village of Fishkill 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 Village.
In its discretionary actions under this zoning code, the reviewing agency
~~g tak_e..j..nto co~~ration ~aid statement of policies, principles and
gTIfcles, as~appropriate.
Section 3. Amendment of Subdivision Code
To implement Greenway Connections in the Village of Fishkill, the Subdivision
chapter of the Code of the Village of Fishkill is hereby amended by the addition of
the following provision:
~_' Greenway Connections. By Local Law No. _ of the Year 2000
the Village of Fishkill 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 Village.
In its discretionary actions under this subdivision code, the reviewing agency
should takA into r.nnsideration said statement of policies, principles and
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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 Village under State Law to
make local land use and zoning decisions, (b) to authorize any other entity to
supersede the Village's land use laws and regulations or to impose any
requirements on the Village, or (c) to prevent the Village 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 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 Village of Fishkill
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,~ake effect immediately upon filing in the office of the
Secretary of State iri'!,accordance with Section 27 of the Municipal Home Rule Law.
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Revised 12/26/00
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