[HISTORY: Adopted by the Board of Trustees
of the Village of Pelham 11-13-2007 by L.L. No. 8-2007. Amendments noted where
applicable.]
Pursuant to the provisions of § 44-0119
of the Environmental Conservation Law of the State of New York, the
Village of Pelham hereby adopts the statement of policies, principles
and guides detailed in "The Greenprint for a Sustainable Future...the Westchester Way," the Westchester County Greenway Compact
Plan, by which the Village of Pelham becomes a participating community
in the Greenway Compact.
Proposals to amend the Compact Plan 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 Board of Trustees
of the Village of Pelham shall determine by resolution whether to
accept or to reject such proposed amendment. Any proposed amendment
so accepted shall be considered an amendment of the Compact Plan as
adopted by the Village of Pelham. Any proposed amendment rejected
by the Village of Pelham will not be considered to be an amendment
of the Greenway Plan for the Village of Pelham, and notice of such
rejection shall promptly be provided to the Greenway Council.
It is stated policy of the Village of Pelham
that, to the extent the Village amends its current land use laws and
regulations or enacts new ones, such new or amended laws and regulations,
where appropriate, should be designed to be consistent with the Compact
Plan.
Nothing in this chapter adopting the Compact
Plan, or in becoming a participating community in the Compact Plan
is intended, or shall be construed to:
A.
Limit the home rule authority of the Village of Pelham
under State Law to make local land use and zoning decisions;
B.
Authorize any other entity to supersede the Village's
land use laws and regulations or to impose any requirements on the
Village of Pelham; or
C.
Prevent the Village of Pelham in its sole discretion
from adopting a local law at a later date for the purpose of withdrawing
from the Greenway Compact or Westchester County Greenway Compact Plan.
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 Village of Pelham hereby declares that it would have passed
this chapter or the remainder thereof had such invalid application
or invalid provision been apparent.
