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Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. oCounty ° City Town oVillage tseeaj o„ e•.} of Montgomery

Local Law No. 1 of the year 2014

A LOCAL LAW AMENDING THE ZONING LAW OF THE TOWN OF MONTGOMERY, ORANGE COUNTY, NEW YORK, TO CREATE A GAMING FACILITY OVERLAY ZONING DISTRICT AND TO ENACT REGULATIONS PERTAINING THERETO

Be it enacted by the Town Board of the Town of Montgomery as follows:

See attached.

If additional space is needed, attach pages the same size as this sheet, and number each.) SECTION 1. AUTHORITY

This Local Law is enacted pursuant to the authority of Municipal Home Rule Law Section 10, the Town Law, and in accordance with the Zoning Law of the Town of Montgomery, New York —Section 150 entitled " Procedure for Amendment:"

SECTION 2. PURPOSE AND FINDINGS

It is the intent of the Town Board of the Town of Montgomery, as part of its general power to protect the public health, safety and welfare of the citizens of the Town, to develop a local zoning and regulatory system for the location and, to the extent permitted by New York law, the operation ofgaming facilities in the Town. A gaming facility is a facility awarded a gaming license by the State of New York, which includes a gaming area and which also may generally include hotels, restaurants, and other indoor and/ or outdoor recreational facilities.

The Town Board acknowledges that pursuant to amendment of the New York State Constitution, the Upstate New York Gaming and Economic Development Act was adopted (see Article 13 of the New York Racing, Pari- Mutuel Wagering and Breeding Law). The State of New York has evidenced its intent to allow and promote gaming facilities in the State of New York, including the Catskill/Hudson Valley Region. The Town of Montgomery is located in the Catskill/Hudson Valley Region.

The Town Board further acknowledges the potential economic benefits generated by the operation of a gaming facility in the Town, including increased real property tax benefits to municipal, county, and school district budgets, the sharing of taxes imposed by the State of New York upon such gaming facilities, plus additional opportunities through specific host community benefits. There is also potential job creation, tourism, and secondary economic benefits for the community and its businesses. However, the Town Board finds that the potential economic benefits, both primary and secondary, potential job creation, and tourism generated by such a gaming facility must be balanced with, and considered in light of, the appropriate location and regulation of such a facility to promote and protect the general health, safety and welfare of the citizens of the Town of Montgomery. This Local Law also assures that a complete environmental impact review will be undertaken on any proposed gaming facility that is fully protective of the environment.

The existing zoning law of the Town of Montgomery does not pettttit the location and operation of resort destination facilities within the Town. In order to permit resort destination facilities, it is necessary to amend the Town Zoning law. It is the intent of the Town Board by this legislation to create a gaming facility overlay zoning district that allows for the consideration of the subject overlay district area as a gaming facility location, consistent with applicable and necessary environmental impact review and standards set forth herein. The district overlay creates an additional use allowed in the overlay district area subject to special exception use permit and site plan review, and does not otherwise amend or alter the existing uses allowable in the current underlying zoning districts. SECTION 3.

The Zoning Law of the Town of Montgomery is hereby amended as follows:

1. Section 30-20 is amended to include the following definition:

GAMING FACILITY: A facility defined pursuant to Section 1301( 23) of the New York Racing, Pari-Mutuel Wagering and Breeding Law.

GAMING FACILITY INDOOR COMMERCIAL RECREATIONAL USE: Recreational activities related to the gaming area and located on the gaming facility premises, and conducted entirely within a building, including tourism facilities operated on a commercial or fee basis. An indoor recreation use may include food service facilities, hotels and resort lodges, health spas, conference centers, meeting rooms, theaters, retail sales and other accessory uses clearly incidental to recreational activity. Indoor commercial recreational use may include the premises approved under a gaming license issued by the New York State Gaming Commission which includes a gaming area and any other nongaming structure related to the gaming area and may include, but shall not be limited to, hotels, restaurants, or other amenities. Nothing herein shall be construed to permit adult entertainment uses in conjunction with an indoor commercial recreational use.

GAMING FACILITY OUTDOOR COMMERCIAL RECREATIONAL USE: Recreational activities related to the gaming area and located on the gaming facility premises, and conducted outside of a building, operated on a commercial or fee basis. An outdoor recreational use may include accessory uses and buildings, such as a clubhouse, food stands, offices, and other accessory structures incidental to the outdoor recreational activity. Golf courses are regulated as a separate use. Nothing herein shall be construed to permit adult entertainment uses in conjunction with an outdoor commercial recreational use.

GAMING FACILITY CULTURAL AND PERFORMING ARTS CENTER: An indoor or outdoor facility related to the gaming area and located on the gaming facility premises, and used for the live performance of dance, drama, music, or similar artistic performances, including but not limited to pavilions, concert halls and other musical and performing arts performance areas together with administrative, food service, interpretive and learning centers and museums, seating facilities together with various other accessory uses to accommodate performing arts patrons. Instructional courses in the performing arts are allowed accessory to an arts center. This definition does not include facilities principally used to display movies or other non -live performances. Nothing herein shall be construed to permit adult entertainment uses in conjunction with a cultural and performing arts center.

GAMING FACILITY RESORT DEVELOPMENT: A facility which includes a gaming facility, and which may also include gaming facility indoor commercial recreational uses, gaming facility outdoor commercial recreational uses, and/ or a gaming facility cultural and performing arts center.

2. Section 50- 10- 40 is amended to include the Gaming Facility Overlay ( GO) zoning district.

2 3. Section 70 is amended to include the following district for gaming facility resort development:

Gaming Facility Overlay ( GO). The Gaming Facility Overlay zoning district encompasses properties primarily adjacent to Interstate 84, with access to New York State Route 17K and New York State Route 747, located within the

Interchange Business ( 1B) and the Industrial Park —Major Access ( 1- 2) Zoning Districts in the Town of Montgomery.

4. The Zoning Map of the Town of Montgomery, made part of the Zoning Law of the Code of the Town of Montgomery pursuant to Section 50-20- 10 is hereby amended to create a Gaming Facility Overlay ( GO) Zoning District situated generally within the area bounded by Interstate 84, New York State Route 17K, New York State Route 747, and Maple Avenue, and specifically including the following properties:

Tax Map Section 31 Block 1 Lot 75. 2 Tax Map Section 31 Block 1 Lot 74.2 Tax Map Section 31 Block 1 Lot 54.211 Tax Map Section 31 Block 1 Lot 94 Tax Map Section 31 Block 1 Lot 95 Tax Map Section 31 Block 1 Lot 58 Tax Map Section 31 Block 1 Lot 65.22 Tax Map Section 31 Block 1 Lot 64 Tax Map Section 31 Block 1 Lot 89 Tax Map Section 31 Block 1 Lot 70.2

5. The Business and Industrial Districts — Table of Use Regulations, made part of the Zoning Law of the Town of Montgomery pursuant to Section 70- 10 is hereby amended to include the following table for the Gaming Facility Overlay (GO) district:

SEE FOLLOWING PAGE]

3 KEY: P= Permitted Use, SE= Special Exception Use, SP= Permitted t'se Requiring Site Plan Approval. Al) other uses are prohibited.

GO — Gaming Facility Overlay

Use Classifications

30, Gaming Facility SE - TB) Resort SP Development' PB) 6. The Business and Industrial Districts -- Table of Dimensional Regulations, made part of the Zoning Law of the Town of Montgomery pursuant to Section 70-20 is hereby amended to include the following table for the Gaming Facility Overlay ( GO) district:

SEE FOLLOWING PAGE] GO - Gaming Facility Overlay

1. Lot area. minimum sq,, ft. 200 acres

2. Lotarea, minimum per dwelling sq. ft.

3. Lot coverage - ^, 1u of total lot area occupied by main and accessory buildings

4 Lot width, minimum at bldg. lite - feet

5. Height, maximum - ft.

6, Yards, minimum -- ft.

Front (see also §+'90- 40- 70)

Side - any one

Side - total for both on interior lot

Side - abutting side street on corner lot.

Rear

To be determined by Town Board during special exception use permit review in accordance with 5 70. 100 -SO 4

7.7. AA newnew SectionSection 70-70- 100100 entitledentitled `' `' GamingGaming FacilityFacility ResortResort development"development" isis herebyhereby enactedenacted asas follows:follows:

70-70- 100100 GAMINGGAMING FACILITYFACILITY RESORTRESORT DEVELOPMENT.DEVELOPMENT.

70-70- 100-100- 1010 Intent.Intent. ItIt isis thethe intentintent ofof thesethese gaminggaming facilityfacility resortresort developmentdevelopment regulationsregulations toto provideprovide flexibleflexible landland useuse andand designdesign throughthrough thethe useuse ofof criteriacriteria onon designateddesignated areasareas ofof landland toto allowallow developmentdevelopment ofof self-self- containedcontained andand integratedintegrated development,development, withwith primaryprimary accessaccess toto oneone oror moremore statestate highways,highways, inin aa settingsetting ofof naturalnatural featuresfeatures andand suitablesuitable topography,topography, withwith primaryprimary focusfocus onon gaminggaming facilityfacility resortresort developmentdevelopment consistingconsisting ofof short-short- termterm transienttransient visitorvisitor accommodationsaccommodations associatedassociated withwith aa rangerange ofofdevelopeddeveloped on-on- sitesite indoorindoor and/and/ oror outdooroutdoor recreationalrecreational facilities.facilities.

70-70- 100-100- 2020 Objectives.Objectives. InIn orderorder toto carrycarry outout thethe intentintent ofof thisthis section,section, aa gaminggaming facilityfacility resortresort developmentdevelopment shallshall achieveachieve thethe followingfollowing objectives:objectives:

70-70- 100-100- 20.20. 11 RecognizeRecognize andand promotepromote thethe scenicscenic qualityquality andand naturalnatural featuresfeatures thatthat areare desirabledesirable forfor aa widewide rangerange ofof commercialcommercial

recreationalrecreational uses;uses;

66 70- 100- 20, 2 Advance the Town' s Economic Development Plan by encouraging uses that will help bolster Town businesses helping them to grow and prosper, and located to take advantage of the Interstate 84, NYS Route 17K, and NYS Route 747 interchanges.

70- 100- 20.3 Allow flexibility in the range of uses consistent with the gaming facility overlay regulations to encourage economic diversity and tourism consistent with the theme or concept for the approved resort development plan.

70- 100- 30 Approvals required. Whenever any gaming facility resort development is proposed, and before any permits for the erection of a permanent or temporary structure in such development shall be granted and before any subdivision plat or part thereof may be filed in the office of the County Clerk, the developer or his authorized agent shall apply for and obtain a special exception use permit from the Town Board, subdivision approval, if necessary, from the Planning Board, and site plan approval from the Planning Board. Compliance with the State Environmental Quality Review Act is required in connection with review and action on any application for such special exception use permit, application for site plan approval, and ifnecessary, application for subdivision approval. In addition, the developer shall have obtained a license from the New York Gaming Facility Siting Board for the gaming facility component of the resort development prior to issuance of any such building or grading permits.

70- 100- 40 Special exception use permit standards. An application for a gaming facility resort development must meet the standards set forth in §§ 70- 50 and 130-40 ofthe Zoning Law and the general and specific design standards set forth below. To the extent that there are any conflicts between requirements, the provisions of this section shall control.

70- 100- 50 Planning Board review. Upon receipt of a special exception use permit application for a gaming facility resort development, the Town Board shall refer the application to the Planning Board for its review and comment. The Planning Board shall report to the Town Board during the course of the Town Board' s review of the special exception use permit application. The Planning Board' s finial report will be due within sixty (60) days ofthe Town Board referral. Should the Planning Board fail to provide a final report within the time to do so, the Town Board may take action on the special exception use permit application.

70- 100- 60 General design standards for gaming facility resort developments. A gaming facility resort development application for special exception use permit is subject to approval by the Town Board. An applicant applying for a special exception use permit shall meet the following general design standards:

7 70- 100- 60. 1 Location of resort developments. Gaming facility resort developments are allowed only in the Gaming Overlay zoning district.

70- 100- 60.2 Minimum area. The minimum area necessary to qualify for a gaming facility resort development shall not be less than 200 contiguous acres, excluding wetlands or steep slopes.

70- 100- 60. 3 Ownership. The tract of land proposed for gaming facility resort development may have one or more owners, and every application shall require the written consent of all individuals, firms, associations, syndicates, partnerships or corporations with proprietary interest in the affected land, authorizing the applicant to act on behalf of the owner or owners in connection with all matters pertaining to the gaming facility resort development application. In the case of multiple ownership, a plan once approved shall be binding on all owners, their successors and assigns.

70- 100- 60.4 Utilities. Gaming facility resort developments shall be served by adequate water supply and sewage treatment systems. Such systems shall be constructed in accordance with New York State standards and specifications, and additional standards adopted by the town, if any.

70- 100- 60. 5 Specially permitted uses. The following uses are permitted within a gaming facility resort development upon issuance of a special exception use permit by the Town Board, and subject to site plan review by the Planning Board:

a) Gaming Facility. A gaming facility as defined in Zoning Law §30-20.

b) Gaming Facility Indoor Commercial Recreational Use. Gaming facility indoor commercial recreational uses as defined in Zoning Law §30- 20.

c) Gaming Facility Outdoor Commercial Recreational Use. Gaming facility outdoor commercial recreational uses as defined in Zoning Law §30-20.

d) Gaming Facility Cultural and Performing Arts Center. Gaming facility cultural and performing arts center as defined in Zoning Law §30- 20.

e) Accessory commercial, service and nonresidential uses. Accessory commercial, service and other nonresidential uses shall be required in a gaming facility resort development in accordance with the provisions below. f) A gaming facility resort development may include a mix of the above uses, which shall be located on a single lot or lots which shall be combined into one parcel.

g) A gaming facility resort development must provide primary access to a state highway.

70- 100- 70 Gaming facility resort development application procedure and approval process. The gaming facility resort development application procedure and approval process shall consist of the following steps:

70- 100- 70. 1 Special exception use permit application with accompanying land development plan, requiring Planning Board review and Town Board review and approval.

70- 100- 70. 2 Site plan and/ or subdivision plan submission requiring Planning Board review and approval.

70- 100- 70.3 The above steps may proceed concurrently, provided that the Planning Board shall not issue any approval prior to the Town Board' s issuance of a resort development special exception use

permit.

70- 100- 80 Application for gaming facility resort development special exception use permit.

70- 100- 80. 1 An applicant shall submit to the Town Clerk an original plus twelve ( 12) copies of a signed application complying with Sections 70- 100-80.2 and 70- 100- 80.3, together with filing fee and escrow requirements to be established by the Town Board.

70- 100- 80. 2 Contents of the special exception use permit application. A gaming facility resort development in the GO district shall fully comply with the State EEnvironmental Quality Review Act, including the preparation of an Environmental Impact Statement as may be determined by the lead agency. In addition to any documentation relative to an evaluation of the application pursuant to the State Environmental Quality Review Act, the special exception use permit application shall consist of the following items:

a) A land development plan. The land development plan shall be approximately to scale, though it need not be so precise as to consist of finished engineering drawings. It shall include the following: The location and delineation of uses, indicating for

each such area its general extent, size and composition in terms of the approximate percentage allocation by use such as recreational uses, hotel, restaurants, and gaming.

2, Delineation of open space.

b) A general statement as to how open space is to be owned, and maintained.

c) A proposed time schedule for development and, if staged, a general indication of how staging is to proceed.

d) Traffic impact study, identifying the potential impact of traffic generated by the proposed development on the regional roadway network.

e) Community services study, identifying the capacity of community services and facilities, the anticipated demand placed on such services and the potential expansion or introduction of services that may be required to service the development.

f) Fiscal impact study, identifying community facility, infrastructure and other associated costs required to service the development and its impact on the town and applicable service districts. Said study shall analyze the fiscal impact at each stage of the development.

g) Drainage study, analyzing preconstruction and postconstruction stormwater runoff conditions. The drainage study shall demonstrate compliance with all State and local stormwater permit standards.

h) An explanation of the character of the resort development, including a visual rendering from any residential area located within 500 feet of the development site.

i) Evidence that the proposal is compatible with the goals of the Town' s Economic Development Plan.

0) A market feasibility study and other possible study techniques demonstrating the short- and long-term demand for the principal proposed uses within the proposed site. k) The present ownership of all lands included within the gaming facility resort development.

10 1) A study of impact upon current emergency services, including but not limited to police, fire, EMS, and ambulance, from the operation of the gaming facility resort development, and the need to expand and/ or upgrade such emergency services to adequately meet the needs of such gaming facility resort development, and further to assess emergency access to and within the subject facility.

70- 100- 80. 3 Evidence of the applicant' s financial ability to carry out the project and a description of previous experience with projects of a similar scale and magnitude.

70- 100- 80. 4 Specific design standards of the special exception use permit. Unless a parameter within the sole jurisdiction of the Town is waived by the Town Board, the application shall demonstrate compliance with the following additional design standards:

a) Lot area and yard requirements. The applicant shall submit layouts and design standards for minimum lot size, frontage, yard requirements and other bulk standards at the time of

special exception use permit application.

b) Natural features. Existing natural features, such as streams, rock outcrops, topsoil, trees, shrubs, stone walls and

wetlands, shall be preserved and incorporated in the landscaping of the development to the extent practicable.

c) Street design. The arrangement, character, extent, width, grade and location of all streets on the project site shall be considered in relation to existing and planned public streets, topography and public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by said streets; said streets on the project site shall remain private and shall otherwise conform to all other street and road requirements of the town as set forth in Zoning Law 70- 60.

d) Access. The resort development shall provide its principal access to a state highway.

e) Building area. The location and arrangement of all structures shall be in harmony with the purposes of this special exception use. The location and arrangement of structures shall not be detrimental to existing adjacent development or to the existing or prospective development of the town. f) Boundary setbacks, buffer areas and transitional uses. Along the boundaries of a gaming facility resort development, provision shall be made for a combination of uses and buffer areas which constitute a transitional separation between surrounding existing and prospective uses and the proposed development. If the existing use adjoining a gaming facility resort development is residential, the screening required in this ZoningLaw shall be provided at the perimeter ofthe site where the proposed resort development is to be constructed, to screen such residential development from light pollution, noise, uses or other influences having a potentially adverse impact on the residential development. In all cases where a gaming facility resort development site is proposed adjacent to a Town highway, a minimum vegetated buffer shall be maintained measured from the centerline of such Town Highway into the development site, with no construction or erection of any building, structure, or roadway allowed in such vegetated buffer and no use of the buffer area allowed except for permanent vegetated screening and emergency access, with final dimensions of such vegetated buffer area to be determined as part of the special exception use review, but in no case to be less than 65 feet. The gaming facility resort development application shall also be reviewed with regard to its potential effect on adjoining wetlands and the activities that occur therein. g) Off-street parking and loading requirements. Sufficient and adequately designed off-street parking spaces and loading areas shall be provided, and the internal circulation system shall be adequate to provide safe accessibility within the site. Parking shall also be provided for use by the residents of the Town as determined by the Town Board. h) For gaming facility resort developments the percentage of lot coverage shall mean the area of the site covered by principal and accessory buildings and structures , and shall not include parking areas, walkways or other areas that are improved with permeable pavement, pavers or other permeable or pervious surfaces. i) Underground utilities. To improve the quality of the environment and to reduce inconvenience during bad weather, where possible, utilities, including electric and cable, shall be installed underground within the gaming facility resort development. j) Utilities and drainage facilities. Utilities and drainage facilities shall be designed in accordance with New York State and local requirements and industry standards and best management practices and planned, installed and operated in a manner acceptable to the Town Board. k) Permanent Open Space. Open Space shall be provided and permanently protected in an amount, location and manner as determined by the Town Board.

1) For purposes of gaming facility resort developments, the, restriction on maximum building height shall mean the vertical distance, measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street, to the highest point of such structure. In no case shall the building height of any structure in a gaming facility resort development exceed 210 feet. m) The provisions of Zoning Law §§ 130- 40- 30. 28 ( a), ( b), ( c), and ( d) regarding restrictions on hotels shall not apply to The hotels within a gaming facility resort development. provisions of Zoning Law § 130- 40- 28( e) shall apply to hotels within a gaming facility resort development. n) Additional site development standards. In addition to the standards set forth in this section, the applicant shall also comply with the appropriate design, site development plan and performance standards of this chapter and the subdivision regulations. However, where a conflict exists between the development standards contained in this section and any of the above, this section shall govern. o) The provisions of the Zoning Law § 80- 10- 80 regarding recreation center devices shall not apply to a gaming facility resort development in the GO Zoning District; however, the addition of any recreation center devices to an existing gaming facility resort development shall require amendment to the special exception use permit and site plan. 70- 100- 90 Public hearing. The Town Board shall hold a public hearing within 45 days from the day the special exception use permit application is deemed complete. Public notice of said hearing shall be printed in a newspaper of general circulation in the town at least five days prior to the date of the hearing. If the applicant has submitted concurrent applications for site plan and/ or subdivision approvals to the Planning Board, then to the extent practicable, a joint hearing shall be held by both boards on all related pending applications. Any notice for a joint public hearing must satisfy the minimum requirements of the relevant applicable notice provisions for site plan and/ or subdivision applications.

70- 100- 100 County planning review. At least 30 days before the public hearing, the Town Board shall mail notices thereof to the Orange County Planning Department as required by § 239- m of the General Municipal Law, which notice shall be accompanied by a full statement describing and including the special exception use permit application. If the applicant has submitted concurrent applications for site plan and/or subdivision approvals to the Planning Board, then to the extent practicable, a joint referral shall be made for all related pending applications.

70- 100- 110 Decision-making., 70- 100- 110. 1 No special exception use permit may be granted in the absence of a License issued by the NYS Gaming Commission, although a conditional final approval may be granted conditioned upon the receipt of such License. The Town Board shall render its decision on the special exception use permit within 62 days after the close of the public hearing. The failure to act within such 62 day period shall not result in a default approval. The time within which the Town Board must render its decision may be extended by the consent of the applicant. The decision of the Town Board shall be filed in the office of the Town Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant.

70- 100- 110.2 Community appearance and architectural review. The gaming facility resort development shall become subject to community appearance and architectural review upon application for site plan and/ or subdivision approval; and the entire plan, showing such detail as shall enable the Planning Board, to review said plan, shall be submitted simultaneously with the site and/or subdivision plan application. 70- 100-110.3 If the applicant has filed concurrent applications for site plan and/ or subdivision approval with the Planning Board, and in the event a joint public hearing has been held and closed by the Town Board and Planning Board pursuant to section 70- 100- 70. 3 hereof, the Planning Board shall render its decisions on the related applications pending before it within 62 days following the Town Board' s decision on the special exception use permit. The failure to act within such 62 day period shall not result in a default approval. The time within which the Planning Board must render its decision may be extended by the consent of the applicant.

70- 100- 110.4 No building permit for the construction of any permanent or temporary structure shall be issued by the Town until: ( a) the New York Gaming Facility Siting Board has issued a license for the gaming facility component of the resort development; ( b) compliance with the State Environmental Quality Review Act has been completed; (c) the Town Board has completed its review and approved a special exception use permit; and (d) the Planning Board has completed its review and issued site plan approval and, if necessary, subdivision approval.

70- 100- 120 Conditions. The Town Board, at its discretion, may attach any reasonable conditions on an approved gaming facility resort development special exception use permit as necessary to assure conformance of the gaming facility resort development with the intent and objectives of these regulations, and other applicable state and local requirements including a host community benefits package and related agreements. Any special exception use permit issued by the Town Board hereunder is expressly conditioned upon site plan review by the Planning Board and, if necessary, subdivision review by the Planning Board.

70- 100- 130 Special exception use permit approval shall expire if construction has not commenced within two ( 2) years after the date

of the special exception use permit approval. 70- 100- 140 Requests for changes to the special exception use permit. If in the course of detailed site development and/ or subdivision review it becomes apparent that certain elements which have been approved by the Town Board are not feasible, or are materially inconsistent with the proposed site plan or amendment thereto, the Planning Board shall refer said changes to the Town Board for its review. The Town Board shall determine whether said improvements are minor and are generally consistent with the approved special exception use permit or whether said improvements are major and require reapproval of the special exception use permit. Said determination shall be made by resolution of the Town Board within 30 days after referral by the Planning Board. If the Town Board determines that such changes are minor, no further Town Board action shall be

required.

70- 100- 150 Financial responsibility. No building permit shall be issued for construction of a resort development until the required improvements are installed or performance bonds or other financial guarantees and/or sureties as required by the Town Board are posted in a form acceptable to the Town Attorney in accordance with the procedures specified in § 274- a of Town Law for site plans and § 277 of Town Law relating to subdivisions.

SECTION 4. SEVERABILITY

If any word, phrase, sentence, part, section, subsection, or other portion of this Law or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed Application thereof, shall be severable, and the remaining provisions of this Law, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect.

SECTION 5. CONFLICT WITH OTHER LAWS

Where this Law differs or conflicts with other Laws, rules and regulations, unless the right to do so is preempted or prohibited by the County, State or federal government, the more restrictive or protective of the Town and the public shall apply.

SECTION 6. EFFECTIVE DATE

This Law shall become effective upon filing with the New York State Secretary of State.

16 SECTION 7. SUPERSESSION

This Local Law is enacted pursuant to the Municipal Home Rule Law. This Local Law shall supersede the provisions of Town Law to the extent it is inconsistent with the same, as well as any inconsistent provisions of the Town of Montgomery Zoning Law.

LOCAL LAW ADOPTED BY THE FOLLOWING VOTE:

AYES: 5

NOES: 0

ABSTENTIONS: 0

ABSENCES: 0

DATE: September 2014

17 Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.)

1. ( Final adoption by local legislative body only.)

I hereby certify that the local law annexed hereto, designated as local law No. I of 2014 of the County)(City)(Town)(Village) of Montgomery was duly passed by the Town Board of the Town of Montgomery on September 4, 2014, in accordance with the applicable provisions of law.

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2t/ ,oivc ChkfExccxtive Oficcr* ft led- -as -of a—

Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.

18 5—( Cityne ng Charter revis'.

acv No. ofo0 the -City -of

speciat)( general) election held on 20 , became operative.

If any other authorized form of final adoption has been followed, please provide an appropriate certification.)

I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1, above.

Tara Stickles, Town f Montgomery Town Clerk Clerk of the county Legislative body, City, Town or Village Clerk or officer designated by local legislative body

Seal) Date: a}

Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.)

STATE OF NEW YORK COUNTY OF ORANGE

I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto.

rew W. Gilchrist Esq. Town of Montgomery Town Attorney

County - City of- Town of Montgomery Plage

Date: September 5, 2014