2005-087N
(DRAFT)
RESOLUTION NO. 2005-d7
TOWN OF WAPPINGER TOWN BOARD
6/6/05
RE: RESOLUTION ADOPTING LOCAL LAW No. #7 OF 2005 — AMENDMENTS
TO THE TOWN CODE, CHAPTER 137, FRESHWATER WETLANDS, AND
SECTIONS 122-20.0 AND 240-32.A
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 the 13`h day of
June, 2005 at 7:30 P.M.
The meeting was called to order by Supervisor Joseph Ruggiero, and upon roll being called,
the following were:
PRESENT: Supervisor -
Councilmembers
ABSENT:
JOSEPH RUGGIERO
ROBERT L. VALDATI
VINCENT F. BETTINA
JOSEPH PAOLONI
MAUREEN McCARTHY
The following resolution was moved by Councilmemberyaldati
seconded by Councilmember McCarthy
and
WHEREAS, the Town Board of the Town of Wappinger has determined that Chapter 137
of the Town Code should be amended to clarify and update the Town's existing wetlands
regulations and to exempt any proposed activities on any residentially zoned lot which is 80,000
square feet or less in size and which contains an existing home; along with associated
amendments to Sections 122-20.0 (Fees) and Section 240-32.A of the Town Code (the
"Proposed Action"); and
WHEREAS, the Town Board determined that the Proposed Action is an Unlisted Action
pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly
known as "SEQRA"); and
WHEREAS, a duly advertised public hearing was held on June 13, 2005 at the
Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York at which time all
those wishing to be heard were given the opportunity to be heard and the hearing was closed on
that date;
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board hereby adopts and incorporates the recitations and statements set forth
above as if fully set forth and resolved herein.
Amendment to the Town Code — Chapter 137, Freshwater Wetlands, Sections 122-20.0 and 240-3l.A�
Resolution of Adoption of Local Law
2. Pursuant to State Environmental Quality Review regulations, the Town Board hereby
adopts a Negative Declaration, attached hereto, on the grounds that the Proposed Action
will not result in any significant environmental impacts as no construction will occur as a
direct result of the amendments and the amendments will generally strengthen and clarify
the Town's existing wetlands regulations, thereby strengthening protections to wetlands
resources, while allowing for exceptions for activities on residentially zoned lots 80,000
square feet and less in size and which contain an existing home.
3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. #7 of
2005; and, except as specifically modified by the amendments contained therein, the Zoning
Law and Zoning Map, as originally adopted and amended from time to time, are to remain
in full force and effect.
The question of the adoption of the foregoing resolution was duly put to a roll call vote, which
resulted as follows:
JOSEPH RUGGIERO
ROBERT L. VALDATI
VINCENT F. BETTINA
JOSEPH PAOLONI
MAUREEN McCARTHY
The resolution is hereby duly declared adopted.
Dated: June 27 , 2005
Wappinger, New York
Attachment: (Negative Declaration)
voting _Aye
voting Aye
voting Aye
voting Aye
voting Aye
C. MAS ERSON
Town Clerk
Town of Wappinger
s:\documents\docs2\500\wappinger\wetlands\wetlands.locallaw.pmadopt.lkb. doc
2 of 2
SEQR
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Non -Significance
Project Number: Date: June 13, 2005
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental
Quality Review Act) of the Environmental Conservation Law.
The Town of Wappinger Town Board, as Lead Agency, has determined that the Proposed Action described below will
not have a significant adverse effect on the environment and a Draft Environmental Impact Statement will not be prepared.
Name of Action: Local Law Amending Town Code of the Town of Wappinger— Chapter 137, Freshwater Wetlands, and
Sections 122-20.0 and 240-32.A.
SEQR Status: Type I
Unlisted X
Conditioned Negative Declaration: Yes
X No
Description of Action : The Town Board of the Town of Wappinger has determined that Chapter 137 of the Town Code
should be amended to clarify and update the Town's existing wetlands regulations and while exempting from regulation any
proposed activities on any residentially zoned lot which is 80,000 square feet or less in size and which contains an existing
home; along with associated amendments to Sections 122-20.0 (Fees) and Section 240-32.A of the Town Code.
Location: Town of Wappinger, Dutchess County
SEQR Negative Declaration
Reasons Supporting This Determination:
(See 617.7(c) for requirements of this determination; see 617.7(d) for Conditioned Negative Declaration)
Page 2
The Proposed Action will not result in any significant environmental impacts as no construction will occur as a direct result
of the amendments and the amendments will generally strengthen and clarify the Town's existing wetlands regulations,
thereby strengthening protections to wetlands resources, while allowing for exceptions for activities on residentially zoned
lots 80,000 square feet and less in size and which contain an existing home.
Lead Agency: Town of Wappinger Town Board
Town Hall, 20 Middlebush Road, P.O. Box 324
Wappingers Falls, New York 12590-0324
For Further Information:
Contact Person: Joseph Ruggiero, Town Supervisor
Address: Town Hall, 20 Middlebush Road, P.O. Box 324, Wappingers Falls, New York 12590-0324
Telephone Number: (845) 297-2744
s \documents\does2\5004appinger\wetlands4etlands. negdee. form.lkb, doe
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
Local Law Filing
(Use this form to file a local law with the Secretary of State.)
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.
Town of WAPPINGER
Local Law No. # of the year 20 05
A local law (Insert Title) entitled "Local Law # of 2005, amending Chapter 137,
Section 122-20.0 and Section 240-32.A of the Town of Wappinger Town
Code
Be it enacted by the TOWN BOARD
of the
(Name of Legislative Body)
Town of WAPPINGER as
follows:
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and
number each.)
DOS -239 (Rev. 11/99)
LOCAL LAW # OF THE YEAR 2005
A Local Law entitled "Local Law #— of 2005, amending Chapter 137, Section 122-20.0
and Section 240-32.A of the Town of Wappinger Town Code."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1: Title
Thisl,ncaLLaw_ _shalllb� known-andnited as "Local Law �f.2D05,_ amending Chapter
137, Section 122-20.0 and Section 240-32.A of the Town of Wappinger Town Code."
Section 2: Legislative Intent
The purpose of the proposed Local Law is to amend Chapter 137 of the Town of
Wappinger Town Code to clarify and update the Town's existing wetlands regulations and
to exempt any proposed activities on any residentially zoned lot which is 80,000 square
feet or less in size and which contains an existing home. Associated amendments to
Sections 122-20.0 (Fees) and Section 240-32.A are also proposed.
The Proposed Action does not propose construction or development activities for any site
within the Town of Wappinger, and will not result in any significant adverse
environmental impacts.
Section 3. Chapter 137 of the Wappinger Town Code is hereby repealed and
replaced with the following text:
Chapter 137: FRESHWATER WETLAND, WATERBODY AND
WATERCOURSE PROTECTION LAW
[HISTORY: Adopted by the Town Board of the Town of Wappinger 8-9-1976 by L.L.
No. 1-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Advisory Council — See Ch. 9.
Building construction and fire prevention — See Ch. 85.
Environmental quality review — See Ch. 117.
Flood damage prevention — See Ch. 133.
Sewers — See Ch. 196.
Soil erosion and sediment control — See Ch. 206.
Subdivision of land — See Ch. 217.
Zoning - See Ch. 240.
14
§ 137-1. Title.
This chapter shall be known as the "Freshwater Wetland, Waterbody and Watercourse
Protection Law of the Town of Wappinger."
§ 137-2. Declaration of policy.
It is declared to be the public policy of the Town of Wappinger to preserve, protect and
conserve freshwater wetlands, waterbodies and watercourses and the benefits derived
therefrom and to prevent the despoliation and destruction of such freshwater resources by
regulating activities with potential impacts to such resources in order to secure their
natural benefits consistent with the general health, safety and welfare of the public, and
with the beneficial economic, social and agricultural development of the Town of
Wappinger. It is further declared to be the policy of the Town of Wappinger to exercise
its authority pursuant to Article 24 of the State Environmental Conservation Law.
§ 137-3. Findings of fact.
Pursuant to the above stated declaration of policy, the Town Board makes the following
specific findings:
A. Growth and development have placed increasing demands upon natural resources
that may result, and in certain instances have resulted, in the encroachment,
despoliation, pollution and/or elimination of wetlands and their buffer areas.
B. The loss of freshwater wetlands deprives the people of the Town of Wappinger of
some or all of the many benefits to be derived from wetlands, including but not
limited to:
(1) Flood and storm control by the hydrologic absorption and storage capacity
of freshwater wetlands.
(2) Wildlife habitat by providing breeding, nesting and feeding grounds and
cover for many forms of wildlife, wildfowl and shorebirds, including
migratory wildfowl and rare species.
(3) Protection of subsurface water resources and provision for valuable
- watersheds and recharging groundwater supplies.
(4) Recreation.by providing areas for hunting, bird watching, photography and
other uses.
(5) Pollution treatment by serving as biological and chemical oxidation basins.
3
(6) Erosion control by serving as sedimentation areas and filtering basins,
absorbing silt and organic matter.
(7) Education and scientific research by providing readily accessible outdoor
biophysical laboratories, living classrooms and training and education
resources.
(8) Open space and aesthetic appreciation.
(9) Sources of nutrients in freshwater food cycles and nursery grounds and
sanctuaries for freshwater.fish. _
C. The values and functions of a wetland vary considerably fthe wetland or the size of
another and are not necessarily dependent on the s
the lot on which it is located.
D. Consideration should be given to the functional significance of a wetland involved
in any particular application or proceeding, as wetlands vary in their importance
and value. In regulating activities in wetlands and wetland buffers the Approval
Authority should consider and reflect the relative significance or impsed ortance of
any particular wetland and the oteand those
ct of a set forth in Section 24-0103 of the
ct on the
abovementioned values and functions
NYS Environmental Conservation Law.
E. Regulation of freshwater wetlands, in accordance with the agricultural exemption
established in § 137-6, is consistent with the legitimater
in interests
us
rests of e oers and
other landowners to graze and water livestock,
make ter
resources, harvest natural products of the wetlands, selectively cut timber and
otherwise engage m the use of land for agricultural production.
§ 137-4. Intent.
A. It is the intent of the Town of Wappinger through this chapter to:
(1) Control and regulate, without necessarily prohibiting, those activities, as
defined herein, which may impact wetlands, waterbodies and watercourses
and their associated buffers within the Town thus insuring that the benefits
found to be provided by them will not be lost or impaired.
(2) Minimize the administrative burden and costs to property owners and/or
Applicants.
(3) Allow reasonable use of land consistent with responsible land management,
and to conserve and protect wetlands, waterbodies, and watercourses
C!
their buffer areas to the extent reasonably practicable consistent with this
objective.
(4) Incorporate wetland, waterbody, and watercourse protection into the
Town's land use development regulations and approval procedures.
(5) Protect, preserve and enhance the values and functions of freshwater
wetlands in the Town of Wappinger and secure the positive environmental
benefits accruing therefrom.
(6) Achieve no overall net loss of the Town's remaining wetland resources,
including wetland buffer areas.
(7) Protect wetlands which are not currently protected under state or federal
regulations.
(8) Enact this chapter pursuant to the above referenced law and any and all
applicable laws, rules, and regulations of the State of New York, and
nothing contained herein shall be deemed to conflict with any such laws,
rules or regulations.
(9) Place the burden of proof on the Applicant seeking a wetlands permit, for
identifying whether their actions impact a wetland, waterbody or
watercourse or associated buffer.
§ 137-5. Definitions.
The following terms, phrases, words and their derivatives shall have the meanings given
herein:
ADJACENT AREA — Any land in the Town of Wappinger immediately adjacent to a
freshwater wetland lying within one hundred (100) feet, measured horizontally, of the
boundary of a freshwater wetland. (see "Buffer")
APPLICANT — Any person who files an application for any permit issued by the agency
pursuant to this chapter, and includes the agent of the owner or a contract vendee.
APPROVAL AUTHORITY — The municipal or administrative board or public official
or municipal employee empowered to process, and grant or deny permits under this
chapter. When a wetlands permit is sought in conjunction with a Site Plan, Subdivision
and/or Special Permit, the Planning Board shall assume the role of the Approval
Authority. In all other cases, the Approval Authority shall be the Building Inspector.
BOUNDARY OF A FRESHWATER WETLAND — The outer limit of a freshwater
wetland, delineated in a manner consistent with the Federal Interagency Committee for
P
Wetlands Delineation 1989; Federal Manual for Identifying and Delineating
Jurisdictional Wetlands; united Army Corps of Engineers, United States Environmental
Protection Agency, United States Fish and Wildlife Service, and U.S.D.A. Soil
Conservation Service, Washington, D.C..
BUFFER — The land adjacent to a wetland, waterbody, or watercourse, which area
serves to lessen the impact of human disturbances, activity and other encroachment
associated with development, and is an integral component of the wildlife and hydrologic
values and functions of said wetland, waterbody, or watercourse ecosystems. For all
wetlands, waterbodies, and watercourses, the buffer area shall extend a minimum of one
-hundred-(100)-feet-horizontally-from-the-edge-of-the -wetland -boundary. -(see "Adjacent
Area")
DEPOSIT — To fill, place, effect, or dump any material, but not including stormwater.
DISCHARGE — The emission of any water, substance, or material into a wetland or
wetland buffer whether or not such substance causes pollution.
DRAIN — To deplete or empty of water by drawing off by degrees or in increments:
DREDGE — To excavate or remove sediment, soil, mud, sand, shells, gravel or other
aggregate.
EXCAVATE — To dig out and remove any material.
FILLING — see "Deposit.
FLAGGING — Placement of visible markers at the wetland boundary which, upon
approval of the Town, may be transferred by a qualified surveyor onto the site plan or
other project map.
FRESHWATER WETLANDS — An area of land of any size that is comprised of hydric
soils and/or is inundated or saturated by surface water or groundwater at a frequency
and/or which 'supports hydrophytic vegetation, as described in the Federal Interagency
Committee for Wetlands Delineation 1989; Federal Manual for Identifying and
Delineating Jurisdictional Wetlands; united Army Corps of Engineers, United States
Environmental Protection Agency, United States Fish and Wildlife Service, and U.S.D.A.
Soil Conservation Service, Washington, D.C.
FRESHWATER WETLANDS MAP — The final freshwater wetlands maps for Dutchess
County promulgated by the Commissioner of the New York State Department of
Environmental Conservation pursuant to subdivision 24-0301.5 of the New York State
Freshwater Wetlands Act, or such map as has been amended or adjusted, and on which
are indicated the approximate locations of the actual boundaries of wetlands regulated
pursuant to Article 24 of the Environmental Conservation Law.
0
HYDRIC SOIL — Soils that are saturated, flooded or ponded long enough during the
growing season to develop anaerobic conditions in the upper layers.
HYDROPHYTIC VEGETATION — Vegetation, including obligate wetland species and
facultative species (see definitions for obligate and facultative under "National List of
Plant Species"), growing in water, soil or on a substrate that is at least periodically
deficient in oxygen as a result of excessive water content.
NATIONAL LIST OF PLANT SPECIES THAT OCCUR IN WETLANDS: NEW
YORK OR NORTHEAST — A list of wetland plant species published by the U.S. Fish
and Wildlife Service and subdivided into regional and state lists, as amended and updated
from time to time.
NATIONAL WETLANDS INVENTORY (NWI) — An inventory of United States
Wetlands conducted by the U.S. Fish and Wildlife Service which was completed in 1990.
Wetlands down to one (1) acre in size are delineated on maps at a 1:24,000 scale based
on aerial photo interpretation. The NWI does not delineate legal boundaries of wetlands
for regulatory purposes.
NEW YORK NATURAL HERITAGE PROGRAM — A cooperative effort of the
NYSDEC and The Nature Conservancy to establish and maintain an up-to-date inventory
of the location and status of rare plant and animal species and natural communities in the
state.
PERMIT OR WETLANDS PERMIT — That form of municipal approval required by
this chapter for the conduct of a regulated activity within a wetland, waterbody,
watercourse, or buffer area.
POLLUTION — The presence in the environment of human -induced conditions or
contaminants in quantities or characteristics which are or may be injurious to humans,
plants, animals or property.
PROJECT Any proposed or ongoing action which may result in direct or indirect
physical or chemical impact on a wetland, waterbody, watercourse, or buffer area,
including but not limited to any regulated activity.
REGULATED ACTIVITY — Those activities to be conducted in wetlands, waterbodies,
watercourses, or the associated buffer area, that require a permit from the Town, as set
forth in § 13 7-6 of this chapter.
REGULATED AREA That area which consists of a wetland, waterbody, or
watercourse, and its associated buffer area.
STATE — The State of New York.
7
STATE AGENCY — Any state department, bureau, commission, board or other agency,
public authority or public benefit corporation.
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) — The law pursuant
to Article 8 of the New York Conservation Law providing for environmental quality
review of actions which may have a significant effect on the environment.
TOWN — The Town of Wappinger.
WATER -BODY -- Any natural -_or ..artificial pond, lake, _reservoir, or other area which
usually or intermittently contains water and which has a discernible shoreline.
WATERCOURSE — Any identifiable channel through which water flows continuously
or intermittently.
§ 137-6. Regulated, as -of -right, prohibited and exempt activities.
A. Regulated activities. Except as provided in Subsections B, C and D below, no
person shall conduct any of the following regulated activities within any
freshwater wetland or adjacent 100 foot buffer area unless such person has first
obtained a permit pursuant to this chapter:
(1) Placement or construction of any structure.
(2) Any form of draining, dredging, excavation or removal of material either
directly or indirectly.
(3) Any form of dumping, filling or depositing of material either directly or
indirectly.
(4) Installation of any service lines or cable conduits.
(5) Introduction of any form of pollution, including but not limited to the
installation of a septic tank, the running of a sewer outfall or the
discharging of sewage treatment effluent or other liquid wastes into or so as
to drain into a wetland.
(6) Alteration or modification of natural features and contours.
(7) Alteration or modification of natural drainage patterns.
(8) Construction of dams, docks or other water control devices, pilings or
bridges, whether or not they change the natural drainage characteristics.
t:
(9) Installation of any pipes or wells.
(10) Clear -cutting.
(11) Removal or cutting of any vegetation except as permitted in 137-6.B.
(12) Grazing of one (1) or more horses or any agricultural activity which
involves draining or excavation of a wetland.
(13) Excavation and removal of peat.
(14) Any other activity that may impair the natural function(s) of a wetland.
B. As -of -right activities. No permit under this chapter shall be required for any of the
following activities provided they do not constitute a pollution or erosion hazard
or interfere with proper drainage; and do not require structures, grading, fill,
draining or dredging for which a permit may be required:
(1) The deposit or removal of the natural products of the wetlands by
recreational or commercial fishing, shellfishing, aquiculture, hunting or
trapping where otherwise legally permitted.
(2) Outdoor recreation activities that do not require construction or that do not
materially alter the natural state of the land, including use of field trails for
nature study, hiking, swimming, skin diving and boating, where otherwise
legally permitted.
(3) Normal ground maintenance including mowing, trimming of vegetation,
but excluding removal of vegetation that may cause erosion of sediment
into a wetland, waterbody, or watercourse.
(4) Repair of existing decorative landscaping and planting in a wetland,
waterbody, or watercourse buffer zone.
(5) Repair of existing walkways, walls, and driveways.
(6) Public health activities, in emergencies only, of the Dutchess County
Department of Health and/or New York State Department of Health.
(7) Operation and maintenance of existing dams and water control devices.
(8) The activities of farmers in grazing and watering livestock to the extent that
such grazing and watering does not cause erosion of sediment into a
watercourse, making reasonable use of water resources, harvesting natural
6
products of wetlands and wetland buffers, but excluding clear -cutting of
timber and draining of wetlands.
(9) Decorative planting in a buffer.
C. Prohibited activities. It shall be unlawful for any person to place or deposit animal
wastes, chemical wastes or sewage effluent within a wetland or its buffer, or to
introduce influents of sufficiently high thermal content as to cause deleterious
ecological effect. Excluded from prohibited activities shall be the activities of
farmers specified in § 137-6B(8) herein.
D. Exempt activities. A wetland permit shall not be required for any proposed
activities on any residentially zoned lot which is 80,000 square feet or less in size
and which contains an existing home.
§ 137-7. Application for permit; processing.
A. Any person proposing to conduct or cause to be conducted a regulated activity
requiring a permit under this chapter shall file an application with the appropriate
Approval Authority. For wetland permits sought in conjunction with a Site Plan,
Subdivision and/or Special Permit application the Approval Authority shall be the
Planning Board. For all other wetlands permits sought, the Approval Authority
shall be the Building Inspector.
B. Application requirements. An application for a permit shall include, at a
minimum:
(1) The name, address and telephone number of the owner;
(2) The street address and tax map designation of the property;
(3) A sketch plan including boundaries of the property parcel with the
boundaries of the wetland and wetland buffer indicated on the sketch. The
Approval Authority may require the wetland to be delineated by a qualified
professional and verified by other agencies having jurisdiction of the
wetland such as the ACOE and the NYSDEC.
(4) A description of the proposed work and purpose, including the reason for
why the activity cannot be located outside the wetland and/or wetland
buffer and the extent of the encroachment into the wetland or wetland
buffer, calculated in square feet;
(5) A Wetlands Analysis report that includes the following:
10
(a) A description and analysis of the functions of the wetland for
groundwater recharge, groundwater discharge, stormwater
management, flood flow alteration, sediment stabilization, nutrient
removal, habitat for flora, habitat for fauna, and recreational uses;
(b) A description and analysis of the impacts that the proposed activity
will have on the wetland, including the magnitude of the impact(s),
the duration of the impact(s), and whether the impact(s) are adverse
to the functioning of the wetland and/or neutral or positive; and
§ 137-8. Decision on application.
When the Approval Authority is the Planning Board, a decision on the wetlands permit
shall be rendered by the Planning Board in conjunction with a decision on an application
for Site Plan, Subdivision and/or Special Permit approval, the wetlands permit being
included within any approval granted by the Planning Board for said applications. When
the Building Inspector is the Approval Authority, a decision on the wetlands permit will
be rendered within 30 days of a receipt of a complete application.
§ 137-9. Standards for decisions on applications.
A. No permit shall be issued by the Approval Authority unless the Approval
Authority shall find that:
(1) The proposed regulated activity is consistent with the policy of this chapter
to preserve, protect and conserve freshwater wetlands and the benefits
derived therefrom, to prevent the despoliation and destruction of freshwater
wetlands and to regulate the development of such wetlands in order to
secure the natural benefits of freshwater wetlands, consistent with the
general welfare and beneficial economic, social and agricultural
development of the town.
(2) The proposed regulated activity is consistent with the applicable land use
regulations pursuant to § 24-0903 of Article 24 of the State Environmental
Conservation Law.
(3) The proposed regulated activity is compatible with the public health and
welfare.
(4) The proposed regulated activity is reasonable and necessary.
(5) There is no reasonable alternative for the proposed regulated activity on a
site which is not a freshwater wetland or adjacent area.
11
(6) In the event of negative impact(s), the mitigation proposed will mitigate
adverse impact(s) identified in a manner that will allow the aquatic
resource(s) to function in a manner substantially equivalent to the
functioning of such resource(s) prior to the proposed activity.
B. The applicant shall have the burden of demonstrating that the proposed regulated
activity will be in accord with the standards set forth in this Subsection A above.
C. Duly filed written notice, by the state or any agency or subdivision thereof to the
agency, that the state or any such agency or subdivision is in the process of
acquiring ahe .af�cted _freshwater_wetland_ on which a proposed regulated activity
would be located by negotiation or condemnation shall be sufficient basis for
denial of a permit for such regulated activity. Such notice may be provided at any
time prior to the agency's decision to issue or deny a permit for the regulated
activity.
§ 137-10. Conditions for permit use.
A. Any permit issued pursuant to this chapter may be issued with conditions,
consistent with this chapter. Such conditions may be attached as are necessary to
ensure the preservation and protection of affected freshwater wetlands and to
ensure compliance with the policy and provisions of this chapter and the
provisions of the agency's rules and regulations adopted pursuant to this chapter.
B. Every permit issued pursuant to this chapter shall contain the following
conditions:
(1) The agency shall have the right to inspect the project from time to time.
(2) The permit shall expire on a date certain.
(3) The permit holder shall notify the agency of the date on which the project
construction is to begin, at least five days in advance of such date.
(4) The agency's permit shall be prominently displayed at the project site
during the undertaking of the activities authorized by the permit.
(5) The Approval Authority may monitor or may cause to have monitored
projects according to the specifications set forth in the permit, to determine
whether the elements of the permit conditions and mitigation plan, if
required, have been satisfied and whether the restored or created wetland
f inction(s) and acreage mitigate the impacted function(s) and acreage lost.
To this end, the Approval Authority may contract with qualified
professionals, or may require the Applicant to contract with qualified
12
professionals at the expense of the Applicant. A quarterly monitoring
report prepared by the appropriate monitor shall be submitted to the
Approval Authority. Mitigation projects shall be monitored for an
appropriate period of time, as determined by the Approval Authority, on a
case-by-case basis.
Long-term monitoring is generally needed to assure the continued viability
of mitigation wetlands. Any mitigation plan prepared pursuant to this Law
and accepted by the Approval Authority shall become part of the permit for
the application.
The requirements for monitoring shall be specified in the permit or
mitigation plan and shall include but not be limited to:
(a) The time period over which compliance monitoring shall occur.
(b) Field measurements to verify the size and location of the impacted
Wetland area and the restored/replacement Wetland area.
(c) The date of completion of the restoration/replacement.
(d) Field verification of the vegetative, hydrologic and soils criteria as
specified in the mitigation plan and permit.
C. The Approval Authority shall set forth, in writing, in the file it keeps regarding a
permit application, its findings and reasons for all conditions attached to any
permit.
§ 137-11. Bonding.
A. The Approval Authority may require that, prior to commencement of work under
any permit issued pursuant to this chapter, the applicant shall post a bond in an
amount and with surety and conditions sufficient to secure compliance with the
conditions and limitations set forth in the permit. The particular amount and the
conditions of the bond shall be consistent with the purposes of this chapter. The
bond shall remain in effect until the Approval Authority or its designated agent
certifies that the work has been completed in compliance with the terms of the
permit and the bond is released by the Approval Authority or a substitute bond is
provided. In the event of a breach of any condition of any such bond, the Approval
Authority may institute an action in the court upon such bond and prosecute the
same to judgment and execution.
B. The agency shall set forth, in writing, in the file it keeps regarding a permit
application, its findings and reasons for imposing a bond pursuant to this section.
13
§ 137-12. Expiration, extension and renewal of permits.
After approval of the application, the Approval Authority shall issue a permit to the
Applicant. The date of issue shall be the date the permit
s segs eby e Approval unl
Authority,_ . The permit shall expire on completion o the Pec
ss
otherwise indicated, shall be valid for a period of one (1) year from the date of issue. The
Approval Authority may grant an extension of an original permit upon written request to
the Approval Authority by the property owners or his/her legal agent at least ninety (90)
days prior to the expiration date of the original permit. No permit shall be extended for a
period of exceeding two (2) years from the date of issue of the original permit. The time
.period for_ wm
a_reneal.ay_.he-Waived_-f-o_r good_cause shown.- The request for renewal of a
permit shall follow the same form and procedure as the original application.
§ 137-13. Other laws and regulations.
No permit granted pursuant to this chapter shall remove an applicant's obligation to
comply in all respects with the applicable provisions of any other federal, state or local
law or regulation, including but not limited to the acquisition of any other required permit
or approval.
§ 137-14. Suspension or revocation of permits.
The Approval Authority may suspend or revoke a permit in the form of a stop -work order
if it finds that the applicant or permittee has not complied with any or all of the terms of
such permit, has exceeded the authority granted in the permit or has failed to undertake
the project in the manner set forth in the approved application. The Approval Authority
shall set forth, in writing, in the file it keeps regarding a permit application its findings
and reasons for revoking or suspending a permit pursuant to this section.
§ 137-15. Violations and penalties.
A. Administrative sanctions.
(1) Any person who undertakes any regulated a ti ty within
e�-dere ornwho
wetland/watercourse buffer without rovision of flus chapter, including any
violates, disobeys or disregards any p
provision of any permit issued pursuant to this chapter or any rule or
regulation adopted by the Approval Authority pursuant to this chapter, shall
be liable to the Town for a civil penalty for every such violation, as set
forth in the Town Fine Schedule, located in Chapter 122, Article V of the
Town Code. Each consecutive day of the violation will be considered
brought
separate offense. Such civil penalty may bee covered of the man cnAuthority in
by the Town at the request and in the nam Approval
any court of competent juridiction. Such
sannd such penalty may be releasety may be released d
compromised by the Approval Authority P
14
or compromised and any action commenced to recover the same may be
settled and discontinued by the Approval Authority.
(2) In addition, the Approval Authority shall have power, following a hearing,
to direct the violator to restore the affected wetland to its condition prior to
the violation, insofar as that is possible, -within a reasonable time and under
the supervision of the Approval Authority or its designee. Any such order
of the Approval Authority shall be enforceable in an action brought in any
court of competent jurisdiction. Any order issued by the Approval
Authority pursuant to this subsection shall be reviewable in a proceeding
pursuant to Article 78 of the State Civil Practice Law and Rules.
B. Criminal sanctions. Any person who violates any provision of this chapter, an
order, permit, condition or rules or regulation of the Approval Authority regulating
wetlands and wetland/watercourse buffers pursuant to this chapter shall, for the
first violation of this Chapter, be guilty of an offense punishable by a fine set forth
in the Town Fine Schedule, located in Chapter 122, Article V, Section 122-20.0
of the Town Code; conviction of a second and/or subsequent violation of this
Chapter, all of which were committed within a five year period, shall be deemed
an offense punishable by a fine set forth in the Town Fine Schedule, located in
Chapter 122, Article V, Section 122-20.0 of the Town Code, or a term of
imprisonment of not less than fifteen (15) days or more than six (6) months, or
both. In addition to these punishments, any offender may be ordered by the court
to restore the affected wetland to its condition prior to the offense, insofar as that
is possible. The court shall specify a reasonable time for the completion of such
restoration, which shall be effected under the supervision of the Approval
Authority. Each offense shall be a separate and distinct offense, and, in the case of
continuing offense, each day's continuance thereof shall be deemed a separate and
distinct offense. Criminal sanctions may be invoked without the prior resort to
administrative sanctions, which sanctions shall be deemed cumulative. Payment
of such penalty shall not preclude corrective action and/or the removal of
conditions found to be in violation of this chapter.
§ 137-16. Enforcement
The Town is specifically empowered to seek injunctive relief restraining any violation or
threatened violation of any provisions of this chapter and compel the restoration of the
affected wetland, waterbody, watercourse or buffer area to its condition prior to the
violation of the provisions of this chapter.
§ 137-17. Appeal
Any determination, decision or order of the Approval Authority may be judicially
reviewed pursuant to Article 78 of the Civil Practice Law and Rules in the Supreme
15
Court for Dutchess County, provided that available administrative remedies have been
exhausted.
Section 4. -- Section 240-32.A of the Zoning Law is hereby amended to read as
follows:
240-32. Wetlands, waterbodies, watercourses and steep slopes.
A. Alteration of wetlands, waterbodies or watercourses. In any district, no alteration
-
of -wetlands, water -bodies -or -watercourses, _or adjacent c ands- i en137 of the
(100) feet thereof, shall take place except in conforman P
Town Code.
Section 5. Section 122-20.0 of the Wappinger Town Code is hereby amended to
read as follows:
O. Chapter 137, Freshwater Wetlands.
(1) § 137-15.A(1), fine:
(a) First offense:
1] Maximum: $5,000 per violation per day.
(b) Second and subsequent offenses:
[1] Maximum: $5,000 per violation per day.
(2) § 137-15.13, fine:
(a) First offense:
[1] Minimum: $500.
[2] Maximum.: $1,000-
(b) Second and subsequent offenses:
[1] Minimum: $1,000.
[2] Maximum: $2,000.
16
Section 6.
Except as specifically modified by the Amendments contained herein, the Zoning Law of
the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended .from time
to time thereafter is otherwise to remain in full force and effect and is otherwise ratified,
readopted and confirmed.
Section 7. Separability
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable
to any person or circumstance, such illegality, invalidity or unconstitutionality, or
inapplicability shall not affect or impair any of the remaining provisions, clauses,
sentences, subsections, words or parts of this Local Law or their petition to other persons
or circumstances. It is hereby declared to be the legislative intent that this Local law
would have been adopted if such illegal, invalid or unconstitutional provision, clause,
sentence, subsection, word or part had not been included therein, and if such person or
circumstance to which the Local Law or part hereof is held inapplicable had been
specifically exempt there from.
Section 8. Effective Date
This Local Law shall take effect immediately upon adoption and filing with the Secretary
of State as provided by the Municipal Home Rule Law.
(Complete the certification in the paragraph that applies to the filing of this local law and
strikeout that which is not applicable).
1. (Final adoption by local legislative body only).
I hereby certify that
Legislative
_ of
Body)_
provisions of law.
the local law annexed hereto, designated as local law No.
2005 of the (County) (City) (Town) (Village) of (Name of
was duly passed by the
on 2005, in accordance with the applicable
2. (Passage by local legislative body with approval, no disapproval or repassage after
disapproval by the Elective Chief Executive Officer*.
I hereby certify that the local law annexed hereto, designated as local law No.
of 2005 of the (County) (City) (Town) (Village) of
was duly passed by the (Name of Legislative
Body) on 2005, and was (approved) (not
17
after disapproval) by the
(Elective Chief Executive
approved) (repassed
Officer*) and was deemed duly adopted on 005,
in accordance with the applicable provisions of law.
3. - - (Final adoption by referendum).
cal law No.
I hereby certify that the local law annexed hereto, designated as lo
of 2005 of the (County) (City) (Town) (Village) g
was duly passed by the (Name of Legislative
on
Body)
2005, and was (approved) (not
ief _Executive
-approved) _(repassed after _ disapproval)__ by__ the _ (Tkec#ye _.Chlocal law was
Officer*) on 2005 Such
(permissive) referendum, and
submitted to the people by reason of a (mandatory) (P thereon at the
received the affirmative vote of a majority of the qualified electors voting
ti gin accordance
(general) (special) (annual) election held on
with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition
was filed requesting referendum.).
cal law No. l
I hereby certify that the local law annexed hereto, designated as local
of
(Name o
of 2005 of the (County) (City) (Town)
o�egislatcvege Body)
was duly passed by the f 2005, and was (approved)not
on
(Elective
tive
approved) (repassed after disapproval) by the h
005. Such local law hwas
Officer*) on
subject to permissive referendum and no valid petition requesting r visionseof awe. was
filed as of 2005, in accordance with the app P
unty
*Elective Chief Executive Officer means or includes thechief
r on of the oecutive lunty leg ---
elected
e
elected on a county -wide basis or, if there be none, the rp
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.
5. (City local law concerning Charter revision proposed by petition).
the local law annexed hereto, designha ben
al law No.
I hereby certify that in submitted to
of 2005 of the City of icipal g
referendum pursuant to the provisions of section (36)(37) of the qualified electors of such city
and having received the affirmative vote of a majority oft q 2005, became
voting thereon at the (special)(general) election held on
operative.
6. (County local law concerning adoption of Charter).
I hereby certify that the local law annexed hereto, designated as loc l w New
Of 2005 of the County of
York, having been submitted to the electors at the General Election of November
2005, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and
having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, 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 ,
above.
Clerk of the County legislative body, City, Town or Village Clerk
or officer designated by local legislative body
(Seal) Date:
(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
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.
Signature
Title
County
City of
Town
Village
Date:
s:\documents\docs2\500\wappinger\wetlands\wetlands,pll.lkb. doc
19
SEAR
14-16-2(9/95)-7c 617.20
Appendix A
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
ly mann
Purpose: The full EAF is designed to help applicants and agencies on may significant ris not always easyrto
rp
project or action may be significant. The question of whether an action maybe ethnically
answer. Frequently, there are aspects of a project that are sl knowledge ho
of he envirove or nment Or may b understood ally
those who determine significance may have little or no
oo have knowledge in one particular area may not be aware
expert in environmental analysis. In addition, many
of the broader concems affecting the question of significance. licants and agencies can be assured that the
The full EAF :is intended to provide a method whereby app
et flexible to allow introduction of information
determination process has been orderly, comprehensive in nature, y
to fit a project or action.
riled of three parts: - - -
Full EAF Components: The full EAF is comp basic
Part 1: Provides objective data and information about a given project and its site. By identifying
project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3..
from a project or action. it
Part 2: Focuses on identifying the range of possible impacts that may occur
provides guidance as to Whether an impact is likenenti be considered
an impact rand be mitigated or
it is a potentially large impact. The form also
reduced.
Part 3: if any impact in Part 2 is :identified as potentially large, then Part 3 is used to evaluate whether or
not the impact is actually important.
DETERMINATION OF SIGNIFICANCE - Type 1 and Unlisted Actions
Identify the Portions of EAF completed for this project:
i Part 1 1 Part 2 [1 Part 3
review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting
Upon
information, and considering both the magnitude and importance of each impact, rt is reasonable determined by the
inform
lead agency that:
large and important impact(s) and, therefore, is one which will not have
A. The Project will not result in any +3 prepared.
a significant impact on the environment, therefore a negative declaration will be
ere
not
e a
(thou h the project could have a significant effect
on
descthe ribed in PART 13 has been significant ❑ B. A 9
effect for this Unlisted Action because declaration will be prepared.*
therefore a CONDITIONED negative.have a significant impact on
❑ C. The project may result in one or more large and important impacts that may
the environment, therefore a positive declaration will be prepared.
A Conditioned Negative Declaration is only valid for Unlisted Actions
122-20.0 and 240-32.A of the
Local Law Amending Chapter 137, Freshwater Wap in
Town Code
Name of Action
Town of Wa in er Town Board
Name of Lead Agency
Su ervisor
Joseph Ru iero
Title of Responsible Officer
Print or Type Name of Responsible Officer in Lead Agency
David H. Stolman AICP PP different from
Signature of
Signature of Re ebs blOe officelicei �Lead -Agency
rspoPreparer (if
Ma 17 2005
Date
PART 1 - PROJECT INFORMATION
Prepared by Project Sponsor
NOTICE. This document is designed to assist in determining whether the action proposed may have a significant
effect on the environment. Please complete the entire Form, Parts A through E. Answers to these questions will
be considered as part of the application for approval and may subject to further verification and public review.
Provide any additional information you believe will be needed to complete Parts 2 and 3.
It is expected that completion of the full EAF will be dependent on information currently available and will not
involve new studies, research or investigation. If information requiring such additional work is unavailable, so
Please Complete ,Each Question - Indicate N.A. if not applicable
A. Site Description "" NOT APPLICABLE - SEE ATTACHMENT
Physical setting of overall project, both developed and undeveloped areas.
1. Present land use: ❑ Urban ❑Industrial ❑ Commercial ❑ Residential (suburban) ❑ Rural (non-farm)
❑ Forest ❑ Agriculture ❑Other
2. Total acreage of project area: acres:
PRESENTLY AFTER COMPLETION
APPROXIMATE ACREAGE
Meadow or Brushland (Non-agricultural)
acres
acres
acres
acres
Forested
Agricultural (includes orchards, cropland, pasture, etc.)
_acres
acres
acres
Wetland (Freshwater or tidal as per Article 24, 25 of ECL)
acres
acres
acres
Water Surface Area
acres
acres
Unvegetated (Rock, earth or fill)
acres
Roads, Buildings and Other Paved Surfaces
acres
acres
Other (Indicate type) ----
acres
3. What is predominant soil type(s) on project site? % of site ❑ Moderately well drained % of site
a. Soil drainage ❑ Well drained
❑ Poorly drained % of site
b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the
NYS Land Classification System? acres. (See 1 NYCRR 370)
4. Are there bedrock outcroppings on the project site?❑ Yes
a. What is depth to bedrock? _________—feet)
5Approximate percentage of proposed project site h slopes
❑ No
00-10%—% ❑10-15%%
❑ 15% or greater —%
6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National
Registers of Historic Places? ❑ Yes ❑ No
7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes El
No
(
in feet
8. What is the depth of the water table? ❑ Yes ❑ No
9. Is site located over a primary, principal or sole source aquifer?
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes ❑ No
11. Does project site contain any species of plant or animal life that is identified as threatened or endangered?
❑ Yes ❑ No According to
Identify each species
ect site?
12. Are there any unique or unusual land forms on the proj(Le., cliffs, dunes, other geological formations)
❑ Yes ❑ No Describe
recreation area?
13. is rhe project site presently used by the community or neighborhood an a.. uNGn apace �� rc%rcauv
❑ Yes ❑ No If yes, explain
14. Does the present site include scenic views known to be important to the community?
❑ Yes ❑ No
15. Streams within or contiguous to project area:
a_ Name of Stream and name of River to which it is tributary
16. Lakes, ponds, wetland areas within or contiguous to project area:
b. Size (In acres)
a. Name
17. is the site served by existing ,public ,utilities? ❑ Yes D No
a. if Yes, does sufficient capacity exist to allow connection? ❑Yes ❑ No
b. If yes, will improvements be necessary to allow connection? ❑ Yes ❑ No
1a. is the site located in an agricultural district certified pursuant to Agriculture and Market Law, Article 25 -AA
Section 303 and 304? ❑ Yes ❑ No
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Articie
of the ECL, and 6 NYCRR 617? ❑ Yes ❑ No
20. Has the site ever been used for the disposal of solid or hazardous waste? ❑Yes ❑ No
B. Project Description ** NOT APPLICABLE, EXCEPT #24 AND #25 - SEE ATTACHMENT**
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
sponsor acres_
a_ Total contiguous acreage owned or controlled 'by project acres
b. Project acreage to be developed
acres initially;
ultimately. acres.
c. Project acreage to remain undeveloped
d. Length of project, in milesprop
---(if appropriate) osed
______—( P
e. If the project is an expansion, indicate percent of expansion oosed
f. Number of off-street parknenerated per h�ogr _(upon completion of project)?
g. Maximum vehicular trips 9 of housing units:
h. If residential: Number and typeTwo Family Multiple Family Condominium
One Family
Initially
Ultimatelywidth; _ __ —length.
i. Dimensions (in feet) of largest proposed structure height;
j. Linear feet of frontage along a public thoroughfare project will occupy is? ft.
2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? ton/cubic yards
3. Will disturbed areas be reclaimed? ❑ Yes ❑ No ❑ N.A.
a. If yes, for what intended purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation? ❑ Yes ❑ No
c. Will upper subsoil be stockpiled for reclamation? ❑ Yes ❑ No
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres.
5. Will any mature forest (over 100 years old) or other locally -important vegetation be removed by this project?
❑Yes ❑ No
6. If single phased project: Anticipated period of construction months, (including demolition).
7. If multi -phased:
a. Total number of phases anticipated (number).
b. Anticipated date of commencement phase 1• month year, (including demolition).
c. Approximate completion date of final phase month year.
d. Is phase 1 functionally dependent on subsequent phases? ❑ Yes ❑ No
8. Will blasting occur during construction? ❑ Yes ❑ No
9. Number of jobs generated: during construction ; after project is complete
10. Number of jobs eliminated by this project
11. Will project require relocation of any projects or facilities? ❑ Yes ❑ No If yes, explain
12. Is surface liquid waste disposal involved? ❑ Yes ❑ No
a. If yes, indicate type of waste (sewage, industrial, etc.) and amount _
b. Name of water body into which effluent will be discharges
13. Is subsurface liquid waste disposal involved? ❑ Yes ❑ No Type.
14. Will surface area of an existing water body increase or decrease by proposal? ❑ Yes ❑ No
Explain
15. Is project or any portion of project located in a 100 year flood plain? ❑ Yes ❑ No
16. Will the project generate solid waste? ❑ Yes ❑ No
a. If yes, what is the amount per month tons
b. If yes, will an existing solid waste facility be used? ❑Yes ❑ No
c. If yes, give name ; location
d. Will any waste not go into a sewage disposal system or into a sanitary landfill?
e. If Yes, explain
17. Will the project involve the disposal of solid waste? ❑ Yes ❑ No
a. If yes, what is the anticipated rate of disposal? tons/month.
b. If yes, what is the anticipated site life? years.
18. Will project use herbicides or pesticides? ❑ Yes ❑ No
19. Will project routinely produce odors (more than one hour per day?) ❑ Yes ❑ No
❑ Yes 0 No
20. Will project produce operating noise exceeding the local ambient noise levels? ❑ Yes ❑ No
21. Will project result in an increase in energy use? ❑ Yes ❑ No
If yes, indicate type(s)
22. If water supply is from wells, indicate pumping capacity
23. Total anticipated water usage per day
24. Does project involve Local, State or Federal funding?
If yes, explain
gallons/day.
❑ Yes ■No
gallons/minute.
25. Approvals Required:
Submittal
Type Date
Local Law Amending Section 137,
Town Board
■Yes
❑ No
Freshwater Wetlands of the Town of
Wa in erTown Code
City, Town, Village Planning Board
❑ Yes
■No
City, Town, Zoning Board
❑ Yes
■No
City, County Health Department
❑ Yes
■No
Other Local Agencies
❑ Yes
■No
Other Regional Agencies
❑Yes
■No
_
State Agencies
❑ Yes
-■No
Federal Agencies
❑ Yes
■No
C. Zoning and Planning Information—NOT APPLICABLE, EXCEPT #1 -SEE ATT ACHMENT
�
1. Does proposed action involve a planning or zoning decision? ■Yes ❑ No
If yes, indicate decision required_ermit ❑subdivision ❑ site plan
❑zoning amendment ❑ zoning variance ❑ special use p■other Wetlands Law amendment
❑new/revision of master plan ❑ resource management plan
2. What is the zoning classificatio.n(s) of the site? ermitted b the resent zoning?
3. What is the maximum potential development of the site if developed asp Y p
4. What is the proposed zoning of the sate? permitted b the proposed zoning?
5. What is the maximum potential development of the site if developed as Y
6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ❑ Yes ❑
No
zoning classification within a 1/4 mile radius of proposed action.
7. What .are the predominant land uses) and
8. Is the proposed action compatible with adjoining/surrounding land uses within a 1 /4 mile? ❑Yes ❑ No
9. If the proposed action is the subdivision of land, how many lots are proposed?
a_ What is the minimum lot size proposed?
-
I o. Will proposed action require any authorization (s) for the formation of sewer or water districts? ❑ Yes ❑
No
11. Will the proposed action create a demand for any community provided services (recreation, education, police,
fire protection)? ❑ Yes ONo
a, if yes, is existing capacity sufficient to handle projected demand? ❑Yes ❑ No
12. Will the :bove pres
proposed action .result in the generaeion of traffic uate to handlenth additificantly ional traffic? levels?
❑Nom ❑No
a. if yes, is the existing road network adequate
D. Informational Details — SEE ATTACHMENT
se
Attach any additional information as maybe
needed to clarify
impacts you and the measures which f there are or yyoou propose be any arto
impacts associated with your proposal, please
mitigate or avoid them.
E. Verification
I certify that the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name Town of Wa in er Town Board Date May 17 2005
Signature Title President - Frederick P. Clark Associates, Inc
David H. Stolman, AICP, PP
Part 2 -PROJECT IMPACTS AND THEIR MAGNITUDE
Responsibility of Lead Agency
General Information (Read Carefully)
In completing the form the reviewer should be guided by the question: Have my responses and
determinations been reasonable? The reviewer is not expected to be an expected to be an expert
environmental analyst
does no
Identifying necessarily
Identify that yaae (column )
significant. Any act must be potentially
i Part3 to determine s significance. mean that it is also n impar
in column 2 simply asks that it be looked at further_
The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the
threshold of magnitude thatwould
ouldt situations. igeraresponse Butr�any specific project on column 2. The pr site other onses are examples and/or
throughout the State and
lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in
Part 3.
-- --- ---- - -
The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are
illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and
thresholds to answer each question.
The .number of examples per question does not indicate the importance of each question.
•In identifying impacts, consider long term and cumulative effects.
Instructions (Read carefully)
a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact.
b. Maybe answers should be considered .as Yes answers_
C. If answering yeto a question then check the appropriate box (column 1 or 2) t
s o indicate the potential size
of the impact. s impact threshold equals or exceeds any example provided, check column 2. If impact will
occur but threshold is lower than example, check column I _ a and proceed to
d. If reviewer has doubt about size of the impact then consider the impact aspotentiall large 9
PART 3.
e. If a potentially large impact kchecked in the Yes noxi n column 3.umn 2 can eA No mitigatedby
indicates thain tsuch a reduction roject to a smallto
moderate impact, also cher
not possible_ This must be explained in Part 3. 1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
IMPACT ON LAND Impact Impact Project Change
1. Will the proposed action result in a physical change to the projectNO ❑
YES
Examples that would apply to column 2 ❑ ❑ OYES ❑ NO
Any construction on slopes of 15% or greater, (15 foot rise per 100
foot of length), or where the general slopes in the project area exceed
10%.❑ ❑ OYES ❑ NO
Construction on land where the depth to the water table is less than
3 feet. El
OYES ❑ NO
• Construction of paved parking area for 1,000 or more vehicles. ❑ ❑ OYES ❑ NO
• Construction on land where bedrock is exposed or generally within
3 feet of existing ground surface. ❑ ❑ OYES ❑ NO
Construction that will continue for more than 1 year or involve more
than one phase or stage_ ❑ ❑ OYES ❑ NO
• Excavation for mining purposes that would remove more than 1,000
tons of natural material (i.e., rock or soil) per year. ❑ ❑ ❑YES ❑ NO
• Construction or expansion of a sanitary landfill. ❑ ❑ OYES ❑ NO
• Construction in a designated floodway_ ❑ ❑ OYES ❑ NO
Other impacts
2. Will there be an effect to any unique or unusual land forms found
on
the site? (i.e., cliffs, dunes, geological formations, etc_) NN0
❑ YES ❑ ❑ OYES ❑ NO
• Specific land forms:
IMPACT ON WATER
3. Will proposed action affect body designated as protected?
(Under Articles 15,24,25 of the Environmental Conservation Law, ECL)
ENO ❑ YES
Examples that would apply to column 2
• Developable area of site contains a protected water body.
• Dredging more than 100 cubic yards of material from channel of a
protected stream.
• Extension of utility distribution facilities through a protected water body.
• Construction in a designated freshwater or tidal wetland.
• Other impacts:
4. Will proposed action affect any non -protected existing or new body.
of water? ■ NO ❑ YES
Examples that would apply to column 2
• A 10% increase or decrease in the surface area of any body of water
or more than a 10 acre increase or decrease.
• Construction of a body of water that exceeds 10 acres of surface area.
• Other impacts:
5. Will Proposed Action affect surface or groundwater
quality or quantity? ENO ❑ YES
Examples that would apply to column 2
• Proposed Action will require a discharge permit.
• Proposed Action requires use of a source of water that does not
have approval to serve proposed (project) action.
• Proposed Action requires water supply from wells with greater than 45
gallons per minute pumping capacity.
• Construction or operation causing any contamination of a water
supply system.
• Proposed Action will adversely affect groundwater.
• Liquid effluent will be conveyed off the site to facilities which presently
do not exist or have inadequate capacity_
• Proposed Action would use water in excess of 20,000 gallons per
day.
• Proposed Action will likely cause siltation or other discharge into an
existing body of water to the extent that there will be an obvious visual
contrast to natural conditions.
• Proposed Action will require the storage of petroleum or chemical
products greater than 1,100 gallons.
• Proposed Action will allow residential uses in areas without water
and/or sewer services.
• Proposed Action locates commercial and/or industrial uses which may
require new or expansion of existing waste treatment and/or storage
facilities.
• Other impacts:
6. Will proposed action alter drainage flow or patterns, or surface
water runoff? ENO ❑ YES
Examples that would apply to column 2
• Proposed Action would change flood water flows.
• Proposed Action may cause substantial erosion.
• Proposed Action is incompatible with existing drainage patterns.
• Proposed Action will allow development in a designated floodway.
• Other impacts:
1
Small to
Moderate
Impact
2
Potential
Large
Impact
3
Can Impact Be
Mitigated By
Project Change
❑
❑
OYES ❑ NO
❑
❑
OYES ❑ NO
❑
❑
OYES ❑ NO
❑
❑
OYES ❑ NO
❑
❑
OYES ❑ NO
❑
❑
❑YES ❑ NO
❑
❑
❑YES ❑ NO
❑
❑
OYES ❑ NO
❑
❑
OYES ❑ NO
❑
❑
OYES ❑ NO
❑
O
OYES ❑ NO
❑
❑
OYES O NO
❑
❑
OYES ❑ NO
❑
❑
OYES ❑ NO
❑
❑
❑YES ❑ NO
❑
❑
OYES ❑ NO
❑
❑
OYES ❑ NO
❑
❑
❑YES ❑ NO
❑
❑
OYES ❑ NO
❑
❑
OYES ❑ NO
❑
❑
OYES O NO
❑
❑
OYES ❑ NO
❑
❑
OYES ❑ NO
❑
❑
OYES O NO
❑
❑
OYES ❑ NO
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact impact Project Chan e
IMPACT ON AIR
7. Will proposed action affect air quality? ONO ❑ YES
Examples that would apply to column 2
❑ ❑ OYES ❑ NO
• Proposed Action will induce 1,000 or more vehicle trips in any given
hour.
• Proposed Action will result in the incineration of more than 1 ton of
❑ ❑ ❑YES ❑ NO
refuse per hour.
• Emission rate of total contaminants will exceed 5 lbs. per hour or a
❑ 13 ❑YES ❑ NO
heat source producing more than 1 D million BTU's per hour.
❑ ❑ ❑YES [3NO
• Proposed action will allow an increase in the amount of land committed
to industrial use.
industrial ._.
OYES ❑ NO
• -Proposed -action-will -allow-an-increase-in-the_density-of
development within existing industrial areas.
❑ ❑ OYES ❑ NO
• Other impacts:
IMPACT ON PLANTS AND ANIMALS
8. Will Proposed Action affect any threatened or endangered
species? ONO ❑ YES
Examples that would apply to column 2
❑ D ❑YES ❑ NO
• Reduction of one or more species listed on the New York or Federal
list, using the site, over or near site or found on the site.
D D OYES ❑ NO
• Removal of any portion of a critical or significant wildlife habitat.
❑ ❑ ❑YES ❑ NO
• Application of pesticide or herbicide more than twice a year, other
than for agricultural purposes.
❑ ❑ OYES ❑ NO
• Other impacts:
9. Will Proposed Action substantially affect non -threatened or
non -endangered species? ONO ❑ YES
Examples that would apply to column 2
❑ ❑ OYES ❑ NO
• .Proposed Action would substantially interfere with any resident or
migratory fish, shellfish or wildlife species.
D ❑ []YES ❑ NO
• Proposed Action requires the removal of more than 10 acres
of mature forest (over 100 years of age) or other locally important
vegetation.
IMPACT ON AGRICULTURAL LAND RESOURCES
10. Will the Proposed Action affect agricultural land resources?
■ NO ❑ YES
Examples that would apply to column 2
D ❑ DYES ❑ NO
• The proposed action would sever, cross or limit access to agricultural
land (includes cropland, hayfields, pasture, vineyard, orchard, etc.
❑ D OYES ❑ NO
• Construction activity would excavate or compact the .soil profile of
agricultural land.
• The proposed action would irreversibly convert more than 10 acres
❑ ❑ OYES ❑ NO
of agricultural land or, if located in an Agricultural District, more
than 2.5 acres of agricultural land.
installation of agricultural
❑ ❑ OYES ❑ NO
• The proposed action would disrupt or prevent
land management systems (e.g., subsurface drain lines, outlet ditches,
strip cropping); or create a need for such measures (e.g_ cause a farm
field to drain poorly due to increased runoff)
❑ D OYES ❑ NO
• Other impacts:
IMPACT ON AESTHETIC RESOURCES
11. Will proposed action affect aesthetic resources? ONO ❑ YES
(if necessary, use the Visual EAF Addendum in Section 617.21,
Appendix B.)
Examples that would apply to column 2
• Proposed land uses, or project components obviously different from
or in sharp contrast to current surrounding land use patterns, whether
man-made or natural.
• Proposed land uses, or project components visible to users of
aesthetic resources which will eliminate or significantly reduce their
enjoyment of the aesthetic qualities of that resource.
• Project Components that will result in the elimination or significant
screening of scenic views known to be important to the area.
• Other impacts:
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12. Will Proposed Action impact any site or structure of historic, pre-
historic or paleontological importance? NNO ❑ YES
Examples that would apply to column 2
• Proposed Action occurring wholly or partially within or substantially
contiguous to any facility or site listed on the State or National Register
of historic places.
• Any impact to any facility or site listed on the State or National Register
project site.
• Proposed Action will occur in an area designated as sensitive for
archaeological sites on the NYS Site Inventory.
• Other impacts:
IMPACT ON OPEN SPACE AND RECREATION
13, Will Proposed Action affect the quantity or quality of existing or
future open spaces or recreational opportunities?
Examples that would apply to column 2 ■NO ❑ YES
The permanent foreclosure of a future recreational opportunity.
• A major reduction of an open space important to the community.
• Other impacts:
IMPACT ON CRITICAL ENVIRONMENTAL AREAS
14. Will Proposed Action impact the exceptional or unique characteristics
of a critical environmental area (CEA) established pursuant to
subdivision 6 NYCRR 617.14(g)? ■NO ❑ YES
List the environmental characteristics that caused the designation of
the CEA.
Examples that would apply to column 2
• Proposed Action to locate within the CEA?
• Proposed Action will result in a reduction in the quantity of the resource?
• Proposed Action will result in a reduction in the quality of the resource?
• Proposed Action will impact the use, function or enjoyment of the
resource?
• Other impacts:
1
Small to
Moderate
Impact
2
Potential
Large
Impact
3
Can Impact Be
Mitigated By
Project Change
❑ _
❑
DYES ONO
❑
❑
OYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
0
DYES ❑ NO
0
0
DYES ❑ NO
IMPACT ON TRANSPORTATION
15. Will there be an effect to existing transportation systems?ONO C3 YES
Examples that would apply to column 2
• Alteration of present patterns of movement of people and/or goods.
• Proposed Action will result in major traffic problems.
• Other impacts:
IMPACT ON ENERGY
16. Will proposed action affect the community's sources of fuel or
❑ YES
energy supply?
Examples that would apply to column 2
• Proposed Action will cause a greater than 5% increase in the use of
any form of energy in the municipality.
• Proposed Action will require -the creation -or -extension of an -energy
transmission or supply system to serve more than 50 single or two
family
residences or to serve a major commercial or industrial use.
• Other impacts:
NOSE AND ODOR IMPACTS
17. Will there be objectionable odors, noise, or vibration as a result
of the Proposed Action? ■NO ❑ YES
Examples that would apply to column 2
• Blasting within 1,500 feet of a hospital, school or other sensitive
facility.
• Odors will occur routinely (more than one hour per day).
• Proposed Action will produce operating noise exceeding the local
ambient noise levels for noise outside of structures.
• Proposed Action will remove natural barriers that would act as a
noise screen.
• Other impacts:
IMPACT ON PUBLIC HEALTH
18. Will Proposed Action affect public health and safety?. NO ❑ YES
Examples that would apply to column 2
• Proposed Action may cause a risk of explosion or release of hazardous
substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of
ri
accident or upset conditions, or there may be a chronic low level
discharge or emission.
• Proposed Action may result in the burial of "hazardous wastes" in any
form (i.e. toxic, poisonous, highly reactive, radioactive, irritating,
infectious, etc.)
• Storage facilities for one million or more gallons of liquefied natural
gas or other flammable liquids.
• Proposed action may result in the excavation or other disturbance
within 2,000 feet of a site used for the disposal of solid or hazardous
waste_
• Other impacts:
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR
NEIGHBORHOOD
19. Will Proposed Action affect the character of the existirdgEl YES
Examples that would apply to column 2 ■
• The permanent population of the city, town or village in which the
project is located is likely to grow by more than 5%.
• The municipal budget for capital expenditures or operating services
will increase by more than 5% per year as a result of this project.
• Proposed action will conflict with officially adopted plans or goals.
• Proposed action will cause a change in the density of land use.
Proposed Action will replace or eliminate existing facilities, structures
or areas of historic importance to the community_
• Development will create a demand for additional community services
(e.g.schools, police and fire, etc.)_
• Proposed Action will set an important precedent for future projects.
Proposed Action will create or eliminate employment.
• Other impacts: _
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Imaact Im act Pro ect Chan e
❑
13
DYES
13 NO I,
❑
DYES
❑ NO
❑
❑YES
❑ NO
❑ ❑YES ❑ NO
❑ DYES ❑ NO
❑ DYES ❑ NO
❑
OYES
❑ NO
❑
DYES
❑ NO
❑
OYES
❑ NO
❑
DYES
❑ NO
❑
OYES
❑ NO
❑
DYES
❑ NO
❑
DYES
❑ NO
❑
OYES
❑ NO
❑
OYES
❑ NO
❑
DYES
❑ NO
❑
OYES
❑ NO
❑
DYES
❑ NO
❑
DYES
❑ NO
❑
DYES
❑ NO
❑
OYES
❑ NO
❑
DYES
❑ NO
❑
DYES
❑ NO
❑
DYES
❑ NO
❑
DYES
❑ NO
in
20. Is there, or is there likely to be, public controversy related to
Potential adverse environmental impacts? ENO ❑ YES
J:IDOCS2\5001WappingerlWetlands\Chapter137. Wetlands.EAF.euk.doc
ATTACHMENT
FULL ENVIRONMENTAL ASSESSMENT FORM
LOCAL LAW AMENDING CHAPTER 137, FRESHWATER WETLANDS' AND
SECTIONS 122-20.0 AND 24€1-32.A OF THE TOWN OF WAPPINGER CODE
ADDENDUM TO PART 1 OF EAF
Part LA - Site Description
The Proposed Action involves the adoption of a Local Law amending Chapter 13
Freshwater Wetlands, and Sections 122-20.0 and 240-32.A of the Town of Wappinger
Town Code. The Proposed Action does not directly involve site-specific construction or
development activity.
Part 1 B - Project Description
The Proposed Action does not directly involve site-specific construction or development
activity. As a result, Part LB of this EAF is not applicable, except as noted therein with
respect to Questions 424 and 425.
Part I.D - Informational Details
The purpose of the proposed Local Law is to amend Chapter 137, Freshwater Wetlands,
and Sections 122-20.0 and 240-32.A of the Town of Wappinger Town Code to revise the
existing regulations to clarify and update the Towns existing wetlands regulations and to
sactivities on an residentially zoned lot which is 80;000 square feet
exempt any proposed y
or less in size and which contains an existing home.
The proposed Local Law does not propose any construction or development activities for
any site within. the Town of Wappinger, and will not result in any adverse environmental
impacts.
ADDENDUM TO PART 2 OF EAF
The proposed local law is not expected to result in any adverse impacts on the
environment. More specifically:
The Proposed Action will not directly result in any physical changes to any properties.
• The Proposed Action will not have a significant adverse environmental impact on any
Critical Environmental Area (CEA).
12
• The Proposed Action will not have a significant adverse environmental impact on any
unique or unusual land forms.
• The Proposed Action will not have a significant adverse environmental impact on any
water body designated as protected, but will enable such features to be better protected.
• The Proposed Action will not have a significant adverse environmental impact on any
non -protected existing or new body of water, but will enable such features to be better
protected.
• The Proposed Action will not have a significant adverse environmental impact on
surface or groundwater quality or quantity, but rather, through the protection of
wetlands and watercourses, will enable groundwater quality and quantity to be
maintained and enhanced.
• The Proposed Action will not have a significant adverse environmental impact on or
alter drainage flows or patterns, or surface water runoff.
• The Proposed Action will not have a significant adverse environmental impact on air
quality -
The Proposed Action will not have a significant adverse environmental impact on any
non -threatened or non -endangered species, but rather, will help protect and preserve the
wetland habitats used by many species.
• The Proposed Action will not have a significant adverse environmental impact on any
threatened or endangered species, but rather, will help protect and preserve the wetland
habitats used by many species.
• The Proposed Action will not have a significant adverse environmental impact on
agricultural land resources.
• The Proposed Action will not have a significant adverse environmental impact on
aesthetic resources.
• The Proposed Action will not have a significant adverse environmental impact on any
site or structure of historic, prehistoric or paleontological importance.
• The Proposed Action will not have a significant adverse environmental impact on the
quantity or quality of existing or future open spaces or recreational opportunities.
13
The Proposed Action will not have a significant adverse environmental impact on
• existing transportation systems.
The Proposed Action will not have a significant adverse environmental impact on the
• community's sources of fuel or energy supply.
The Proposed Action will not have a significant adverse environmental impact as a
• result of objectionable odors, noise or vibration.
The Proposed- Action -will -not-have -a-significant.-adverse -environmental impact on the
public health and safety.
• The Proposed Action will not have a significant adverse environmental impact on the
char3� rr of *?�e e s+.mg co mi;r
I:\DM2\500\WaMnV:r\W diands"Vter137.EAFWacheukdoc
14
NOTICE OF PUBLIC HEARING
AMENDMENT OF THE TOWN ZONING CODE
TOWN OF WAPPINGER
NOTICE IS HEREBY GIVEN the Town Board of the Town of Wappinger will conduct a
Public Hearing on the 27`h day of June 2005, at 7:30 PM at the Town Hall, 20 Middlebush Road,
Wappinger, New York at which time, all parties in interest and citizens shall have an opportunity
to be heard as to whether the Town Board of the Town of Wappinger should amend Chapter 13 7
of the Town of Wappinger Town Code, which amendments consist chiefly of clarifying and
updating the Town's existing wetlands regulations, as well as providing an exemption for any
proposed activities on any residentially zoned lot which is 80,000 square feet or less in
size and which contains an existing home. Associated amendments to Sections 122-20.0
(Fees) and Seion 240Am led.
PLEASE TAKE FURTHER NOTICE that Town Board has determined that the Proposed
Action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Part
617 NYCRR (commonly known as "SEQRA").
PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make
its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearing to
be held on the adoption of the proposed amendments.
PLEASE TAKE FURTHER NOTICE that the full text of the draft proposed amendments
will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30
AM to 4:00 PM.
DATED: May 23, 2005
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF WAPPINGER
Gloria Morse
Town Clerk
s:ldocm=t§Uocs2\500\wappinger\wetlands\wetlands.phn.lkb. doc