[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.
