[HISTORY: Adopted by the Town Board of the Town of Fishkill 9-19-2001 by L.L. No. 9-2001. Amendments noted where applicable.]
Pursuant to the provisions of § 44-0119 of the Environmental Conservation Law of the State of New York, the Town 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 "Greenway Connections"), as adopted by the Hudson River Valley Greenway Communities Council (hereinafter "Greenway Council") on March 8, 2000. By this action, the Town of Fishkill becomes a participating community in the Greenway Compact.
Proposals to amend Greenway Connections may from time to time be made by the 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 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 Town of Fishkill. Any proposed amendment rejected by the Town Board will not be considered to be an amendment of Greenway Connections for the Town of Fishkill, and notice of such rejection shall promptly be provided to the Greenway Council.
It is the stated policy of the Town of Fishkill 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.
Nothing in this chapter adopting Greenway Connections or in becoming a participating community in the Greenway Compact is intended or shall be construed to limit the home rule authority of the Town under state law to make local land use and zoning decisions, to authorize any other entity to supersede the Town's land use laws and regulations or to impose any requirements on the Town, or 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.
If any part or provision of this chapter or the application thereof to any person or circumstance is 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 chapter or the application thereof to other persons or circumstances, and the Town of Fishkill hereby declares that it would have passed this chapter or the remainder thereof had such invalid application or invalid provision been apparent.