[HISTORY: Adopted by the Town Board of the Town of LaGrange 8-22-2001
by L.L. No. 7-2001 (Ch. 99 of the 1975 Code). 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 LaGrange 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 LaGrange 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 LaGrange 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 LaGrange. Any proposed amendment rejected by the Town Board
will not be considered to be an amendment of Greenway Connections for the
Town of LaGrange, and notice of such rejection shall promptly be provided
to the Greenway Council.
It is the stated policy of the Town of LaGrange 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:
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.
If any part or provision of this chapter 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 chapter or the application thereof to other persons
or circumstances, and the Town of LaGrange hereby declares that it would have
passed this chapter or the remainder thereof had such invalid application
or invalid provision been apparent.
