2006-2422006-242
Resolution Introducing Local Law No. of the Year 2007, Creating Article VII of
Chapter 214 of the Town of Wappinger Code Entitled "Sidewalk Maintenance — Removal
of Snow and Ice and Debris"
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on December
11", 2006.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Joseph Ruggiero
Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Councilman Valdati and seconded by
Councilman Bettina.
WHEREAS, both the Town Board and the Planning Board have committed to a program
for requiring sidewalks to be constructed in various areas of the Town; and
WHEREAS, once constructed, these sidewalks and all sidewalks which are already in
-- existence must be appropriately maintained in order to provide for safe use by pedestrians; and
WHEREAS, The Town Board has such determined that it is in the best interest of the
residents of the Town as well as the pedestrian public utilizing the sidewalks, to enact a Local Law
to provide for the prompt removal of snow and ice and debris from all sidewalks located in the
Town of Wappinger by owners and occupants of the premises adjacent to or abutting those
sidewalks; and
WHEREAS, the enactment of this Local Law will mandate the prompt removal of snow
and ice and debris from all sidewalks located in the Town and establish appropriate penalties and
fines for the failure to abide by this Local Law; and
WHEREAS, the Town Board has determined that it is in the best interest of the residents of
the Town to create Article VII of Chapter 14 of the Town of Wappinger Code entitled "Sidewalk
Maintenance- Removal of Snow and Ice and Debris".
WHEREAS, the Town Board has determined that it is further necessary to amend Chapter
122 of the Town of Wappinger Code to reflect a fine and penalty schedule related to this Local
Law; and
WHEREAS, this a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise
exempt from environmental review pursuant to the New York State Environmental Review Act
(SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR (Parts (617).
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby introduces for adoption Local Law No. of 2007 in the
form annexed hereto.
3. The Town Board hereby determines that the enactment of the aforementioned
Local Law is a Type H action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the
Town Board hereby expressly determines that this action is not an action that requires review
pursuant to the provisions of New York State Environmental Review Act (SEQRA) or pursuant
to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617).
4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of
Local Law No. of 2006 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls,
New York on the 8th day of January 2007, at 7:30 p.m., and the Town Clerk is directed to post
the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern
Dutchess News and Poughkeepsie Journal as required by law.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR Voting: AYE
ROBERT L. VALDATI, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE
MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE
Dated: Wappingers Falls, New York
12/11/2006
The Resolution is hereby duly declared adopted.
HN C. MASTERSON, TOWN CLERK