This chapter shall be known as the "Zoning Ordinance
of the Town of Putnam Valley."
This chapter is adopted pursuant to authority
set forth in §§ 263 and 265 of the Town Law of the
State of New York and shall be applicable to all property within the
corporate limits of the Town of Putnam Valley, herein referred to
as "the Town."
[Added 10-13-2021 by L.L. No. 8-2021]
A. Legislative
intent. It is the intent of this section to opt out of allowing cannabis
retail dispensaries and on-site cannabis consumption sites in the
Town of Putnam Valley that would otherwise be allowed under Cannabis
Law Article 4.
B. Statement
of authority. This section is adopted pursuant to Cannabis Law § 131
which expressly authorizes the Town Board to adopt a local law requesting
the Cannabis Control Board to prohibit the establishment of cannabis
retail dispensary licenses and/or on-site consumption licenses within
the jurisdiction of the Town of Putnam Valley, and is subject to a
permissive referendum, the procedure of which is governed by Municipal
Home Rule Law § 24.
C. Local
opt-out. The Town Board of the Town of Putnam Valley hereby opts out
of allowing cannabis retail dispensaries and on-site cannabis consumption
sites from being established and operated within the Town's jurisdiction.
D. Permissive
referendum/ referendum on petition. This section is subject to a referendum
on petition in accordance with Cannabis Law § 131 and the
procedure outlined in Municipal Home Rule Law § 24.
E. Severability.
If any clause, sentence, phrase, paragraph or any part of this section
shall for any reason be adjudicated finally by a court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder of this section, but shall be confined
in its operation and effect to the clause, sentence, phrase, paragraph
or part thereof, directly involved in the controversy or action in
which such judgment shall have been rendered. It is hereby declared
to be the legislative intent that the remainder of this section would
have been adopted had any such provisions been excluded.
F. When
effective. This section shall become effective immediately upon filing
in the office of the Secretary of State.
The zoning regulations and districts as herein
established have been designed to implement and promote the Master
Plan for the Town of Putnam Valley for the purpose of promoting the
health, safety and general welfare of the town. The regulations have
been designed to protect the fragile natural resources in the town;
to prevent the overcrowding of land; to facilitate the adequate provision
of transportation, water, sewage, parks and public requirements; to
provide for a range in housing opportunities; and to promote the public
interest, health, comfort, convenience, safety and general welfare;
to protect and conserve property values; to assure orderly community
growth; to regulate the use of buildings, structures and land; to
regulate the location, height and arrangement of buildings and structures;
to regulate the size and use of lots, yards and other open spaces;
to regulate the percentage of a lot which may be occupied by buildings
and other land uses and to regulate the intensity of land use. The
regulations have ben made with reasonable consideration, among other
things, for the character of the district and its peculiar suitability
for the particular uses specified and with a view toward conserving
natural resources and encouraging the most appropriate use of land
throughout the Town consistent with the Master Plan.