[HISTORY: Adopted by the Town Board of the Town of Pleasant Valley 10-13-2004
by L.L. No. 3-2004. 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 Pleasant Valley hereby
adopts the statement of land use policies, principles and guides, entitled
"Greenway Connections: Greenway Compact Program and Guides for Dutchess County
Communities," as adopted on March 8, 2000, (hereinafter referred to as "Greenway
Connections") by which action the Town of Pleasant Valley becomes a participating
community in the Greenway Compact.
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 any requests from participating communities.
Within 90 days of receipt of any such proposal from Greenway Council, the
Town Board of the Town of Pleasant Valley 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 Pleasant Valley. Any proposed amendment not accepted by the
Town Board will not be considered to be an amendment of Greenway Connections
for the Town of Pleasant Valley.
A.
Any notice to the Town of Pleasant Valley will be in
writing, specifying the amendments approved to "Greenway Connections: Greenway
Compact Program and Guides for Dutchess County Communities" as adopted on
March 8, 2000, the date of their approval, and shall be sent to the Town Clerk
of the Town of Pleasant Valley by certified mail, return receipt requested,
and by regular first-class mail to the Chairperson of the Town of Pleasant
Valley Planning Board.
B.
Any action by the Town Board of the Town of Pleasant
Valley hereunder of any amendment approved by the Greenway Council to the
"Greenway Connections: Greenway Compact Program and Guides for Dutchess County
Communities,” as adopted on March 8, 2000, shall by resolution of the
Town Board by a simple majority vote of the Pleasant Valley Town Board. No
new local law nor any amendment to this chapter shall be required to implement
the action of the Pleasant Valley Town Board.
It is the stated policy of the Town of Pleasant Valley 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 and in harmony
with the Town Comprehensive Plan, 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 Greenway Compact
or Greenway Connections.
