[HISTORY: Adopted by the Town Board of the Town of East Fishkill 11-14-2002 by L.L. No. 1-2002. 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 East Fishkill hereby adopts as a statement of land use policies, principles and guides, the document entitled "Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities" dated March 8, 2000 (hereinafter referred to as "Greenway Connections"), by which action the Town of East Fishkill 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 requests from participating communities. Within 90 days of receipt of any such proposal from the Greenway Council, the Town Board of the Town of East 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 East Fishkill. Any proposed amendment rejected by the Town Board will not be considered to be an amendment of Greenway Connections for the Town of East Fishkill, and notice of such rejection shall promptly be provided to the Greenway Council. Failure of the Town Board to accept such proposed amendment shall be deemed a rejection thereof.
It is the stated policy of Town Board of the Town of East Fishkill that when the Town considers future enactments or amendments of its land use laws, rules or regulations, the Town Board shall consider, in addition to any other factors and the land use policies set forth in the Town's Master Plan/Comprehensive Plan, the statement of land use policies, principles and guidelines contained in the Greenway Connections, in its deliberative process, and the Town Board shall, prior to enacting such land use law, rule or regulations, make a finding that such law, rule or regulation is consistent with the land use policies, principles and guidelines contained in Greenway Connections, to the extent the Town Board deems appropriate. All determinations made hereunder shall be deemed legislative decisions within the Town Board's legislative discretion.
The Town Planning Board, Zoning Board of Appeals, and Architectural Review Board, in their deliberations on any discretionary actions under the Zoning Law, shall, in addition to all other relevant matters, consider the statement of policies, principles and guidelines "Greenway Connections" as such reviewing Board deems appropriate and relevant in its determinations on such discretionary decisions, as set forth in the provisions of the Code relating to Subdivision of Land and Zoning.
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.