[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.]
A.
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.
B.
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.
C.
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.
D.
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.[1]
E.
Nothing in this chapter adopting Greenway Connections,
or in becoming a participating community in the Greenway Compact, is intended,
or shall be construed:
(1)
To limit the home rule authority of the Town under state
law to make local land use and zoning decisions;
(2)
To authorize any other entity to supersede the Town's
land use laws and regulations or to impose any requirements on the Town; or
(3)
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.
