A LOCAL LAW AMENDING THE ZONING MAP OF THE VILLAGE OF MONTGOMERY AS IT PERTAINS TO PART OF A PARCEL ALONG RAILROAD AVENUE IN FURTHERANCE OF THE IMPLEMENTATION OF RECOMMENDATIONS OF THE VILLAGE’S 2017 COMPREHENSIVE PLAN UPDATE. 

BE IT ENACTED by the Board of Trustees of the Village of Montgomery, New York as follows:

SECTION 1.  Legislative Findings, Purpose and Intent.

The Board of Trustees of the Village of Montgomery adopted Local Law No. 3 of 2021 on July 6, 2021 which enacted various text changes to the Zoning Code and to the Zoning Map in furtherance of the implementation of the Village’s 2017 Comprehensive Plan Update. One of those Zoning Map amendments involved the re-zoning of parcels along the easterly side of Railroad Avenue from the I-2 Zoning District to the R-6 Zoning District and other parcels from the I-2 Zoning District to the B-2 Zoning District.  In reviewing those changes subsequent to the enactment of Local Law No.3 of 2021, the Board of Trustees realized that the R-6 Zoning District should have extended further down Railroad Avenue an additional 85 feet to the Northeast.  It is therefore the intention of this Local Law to make that additional amendment of the Zoning Map to include the additional 85 feet into the R-6 Zoning District.

SECTION 2.     AUTHORITY.

     This Local Law is enacted by the Board of Trustees of the Village of Montgomery pursuant to its authority to adopt local laws under Article IX of the New York State Constitution, Section 10 of the Municipal Home Rule Law and Article XIII of Chapter 122 of the Village Code regarding amendment of the Village’s zoning map.

SECTION 3.  Zoning Map Amendment.

The Zoning Map of the Village of Montgomery is hereby amended by re-zoning the following part of a lot from the B-2 Zoning District to the R-6 (1 and 2 Family) District:

That portion of Section 202, Block 13, Lot 5.22 Lands N/F Rowley Development that begins at the common corner lot line with Section 202, Block 13, Lot 5.21 thence running 85 feet to the Northeast thence running parallel to its common lot line with Section 202, Block 13, Lot 5.21 in an easterly direction to its eastern most lot line.

SECTION 4.  Supersession.

     To the extent that this Local Law is inconsistent with any State statute or regulation, it is the intent of this Local Law to supersede any such stature or regulation.     

SECTION 5.   SAVINGS CLAUSE.

     If any clause, sentence, paragraph, section or part of this Local Law shall be adjudicated by any court of competent jurisdiction to be invalid, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

SECTION 6.       Effective date.

     This Local Law shall take effect immediately upon filing in the office of the Secretary of State in Albany in accordance with Section 27 of the Municipal Home Rule Law.