2015-10-19Town of Wappinger
Special Meeting
Minutes
20 Middlebush Road
Wappingers Falls, NY 12590
townofwappinger.us
Joseph Paoloni
(845)297-5771
Monday, October 19, 2015 7:30 PM Town Hall
Call to Order
Supervisor Barbara Gutzler called the meeting to order at 7:30 PM.
Attendee Name
Organization
Title
Status
Arrived
Barbara Gutzler
Town of Wappinger
Supervisor
Present
7:30 PM
William Ciccarelli
Town of Wappinger
Councilman
Present
7:30 PM
William H. Beale
Town of Wappinger
Councilman
Present
7:30 PM
Ismay Czarniecki
Town of Wappinger
Councilwoman
Present
7:30 PM
Michael Kuzmicz
Town of Wappinger
Councilman
Present
7:30 PM
Joseph P. Paoloni
Town of Wappinger
Town Clerk
Present
7:30 PM
Grace Robinson
Town of Wappinger
Deputy Town Clerk
Present
7:30 PM
Fredwick Awino
Town of Wappinger
Accountant
Present
7:30 PM
Albert Roberts
Consultant
Attorney
Present
7:30 PM
Pledge of Allegiance
Adopt Agenda
1. Motion To: Adopt Agenda
Supervisor asked to add a resolution introducing a local law for a temporary town -wide
moratorium on free standing or ground mounted solar energy systems. Councilwoman
Czarniecki made the motion and Councilman Ciccarelli seconded it. Motion carried and the
Agenda was adopted as amended.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Ismay Czarniecki, Councilwoman
SECONDER:
Michael Kuzmicz, Councilman
AYES:
Gutzler, Ciccarelli, Beale, Czarniecki, Kuzmicz
IV. Public Portion
1. Motion To: Open Public Portion
Chris Cerello asked for a map on the special improvement districts. Supervisor Gutzler offered
help and asked him to call the office in the morning.
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Special Meeting Minutes October 19, 2015
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: Ismay Czarnecki, Councilwoman
AYES: Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz
2. Motion To: Close Public Portion
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
William Ciccarelli, Councilman
AYES: Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz
V. Public Hearing
1. Motion To: Adopting Rolls for Special Districts
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: Ismay Czarnecki, Councilwoman
AYES: Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz
2. Motion To: Close Public Hearing
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
William Ciccarelli, Councilman
AYES: Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz
VI. Resolutions
RESOLUTION: 2015-222
Resolution Setting Public Hearing On Proposed Budgets, O&M Charges, Water/Sewer
Rates And Rents For Special Improvement Districts And Special Improvement Areas For
Fiscal Year 2016 And To Hear Any Objections Thereto
WHEREAS, the Town Board annually establishes budgets for the financing of capital
improvements of all Special Improvement Districts and Special Improvement Areas within the
Town of Wappinger for the ensuing year, and as part of the budget process the Town Board
establishes Operation and Maintenance Charges (O&M Charges), Rates and/or Rents, to be
charged against those properties within said Special Improvement Districts or Special
Improvement Areas; and
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Special Meeting Minutes October 19, 2015
WHEREAS, the Town Board has completed the proposed budgets for the financing of
capital improvements and has established proposed quarterly O&M Charges, Rates and Rents to
be charged against those properties within said Special Improvement Districts and Special
Improvements Areas for Fiscal Year 2016; and
WHEREAS, the Town Board, as required by Town Law, hereby schedules and orders a
Public Hearing to be held on November 4, 2015 for the purposes of hearing and considering any
objections which may be made to the aforementioned proposed budgets, and the proposed
quarterly O&M Charges, Rates and Rents for the Special Improvement Districts and Special
Improvement Areas for Fiscal Year 2016.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby confirms that it has completed the proposed budgets for
the financing of capital improvements for Special Improvement Districts and Special
Improvement Areas for Fiscal Year 2016 and has set proposed quarterly O&M Charges, Rates
and Rents to be levied against the properties within the Special Improvement Districts and
Special Improvement Areas in the Town of Wappinger.
3. The Town Board hereby schedules a Public Hearing to be held at a special
meeting of the Town Board on November 4, 2015 at 7:30 p.m. at Town Hall, 20 Middlebush
Road, Wappingers Falls, New York for the purposes of hearing and considering any objections
which may be made to the proposed budgets and the proposed quarterly O&M Charges, Rates
and Rents to be levied against the properties within the Special Improvement Districts and
Special Improvement Areas in the Town of Wappinger, as noted below, for Fiscal Year 2016.
SPECIAL IMPROVEMENT DISTRICTS
Town -wide Ambulance District
United Wappinger Water District
Fleetwood Manor Water District
United Wappinger Sewer District
Wildwood Sewer District
Fleetwood Manor Sewer District
Cameli Lighting District
Chelsea Lighting District
Hughsonville Lighting District
The Regency at Wappinger Lighting District
Keenan Acres Drainage District
Blackwatch Farms Drainage District
Meadowood Drainage District
Shamrock Hills Drainage District
Tuscany Subdivision Drainage District
SPECIAL IMPROVEMENT AREAS:
WST/TIA - Phases 1 & 2
WST/TIA - Phase 3A
Sewer Improvement Area 45
Wappinger Sewer Improvement Area No. 1
Watch Hill Sewer Improvement Area
Tall Trees Water Improvement Area
Watch Hill Water Improvement Area
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Special Meeting Minutes October 19, 2015
Mid -Point Park Sewer Improvement Area
4. The Town Clerk is directed to post a Notice of Public Hearing in the form annexed hereto
in the Town's official newspapers, the Southern Dutchess News and Poughkeepsie Journal, not
less than five (5) days prior to said public hearing date and is further directed to post the Notice
of Public Hearing on the Message Board of the Town and on the Town website.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2015-222
No/Nay„
Absent
Q Adopted
„Yes/Aye„
„Abstain
❑ Adopted as AmendedBarbara
Gutzler
Voter
Q
...
❑
❑
❑
❑ Defeated
William Ciccarelli
Voter
11
Q
❑
❑
❑
❑Tabled
William H. Beale
Voter ..
Q
❑❑
...
.....
❑
.... ...
❑ Withdrawn
Ismay Czarniecki
Seconder
......
Q
❑ ..............
❑ ...............
❑
Michael Kuzmicz
Mover
Q
❑
❑
❑
Dated: Wappingers Falls, New York
October 19, 2015
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2015-223
Resolution Adopting Final Benefit Assessment Rolls For Special Improvement Districts
And Special Improvement Areas For Fiscal Year 2016
WHEREAS, the Town Assessor prepared proposed Benefit Assessment Rolls for all
Special Improvement Districts and Special Improvement Areas in the Town of Wappinger for
Fiscal Year 2016 and said proposed Benefit Assessment Rolls were filed with the Town Clerk as
required by Town Law § 239; and
WHEREAS, in accordance with Town Law § 239, the Town Board duly noticed and
held a Public Hearing on October 19, 2015, to hear and consider any objections to the Benefit
Assessment Rolls for all Special Improvement Districts and Special Improvement Areas within
the Town for use in Fiscal Year 2016; and
WHEREAS, all interested persons were given the opportunity at the Public Hearing to
challenge or contest such benefit assessment determinations; and
WHEREAS, the Town Board has reviewed the proposed benefit assessment rolls for all
Special Improvement Districts and Special Improvement Areas within the Town for use in Fiscal
Year 2016 and has determined that they were prepared in proper order.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby adopts the Benefit Assessment Rolls as prepared by the
Assessor subject to any corrections made by this Board, as the final benefit assessment rolls for
Town of Wappinger Page 4 Printed 1012012015
Special Meeting Minutes October 19, 2015
all Special Improvement Districts and Special Improvement Areas in the Town of Wappinger for
Fiscal Year 2016.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2015-223
Yes/Aye
No/Nay
Abstain
Absent
Q Adopted
❑ Adopted as Amended
Barbara Gutzler
Voter
Q
❑
❑
❑
❑Defeated
William Ceccarelli
Voter
Q
❑
❑
❑
❑ Tabled
William H. Beale .....................
Voter
Q ......,......
❑ ...
❑ ......,.....
❑ ...
❑ Withdrawn
Ismay Czarniecki
Seconder
.... I.......
Q .......I
❑
....... ...... I.......
❑ .............
❑ ........
Michael Kuzmicz
Mover
Q
❑
❑
❑
Dated: Wappingers Falls, New York
October 19, 2015
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2015-224
Resolution Approving Preliminary Budget For Fiscal Year 2016 And Directing A Public
Hearing Thereon
WHEREAS, the Town Supervisor, as Budget Officer, pursuant to Section 106 of the
Town Law has presented the Tentative Budget to the Town Board for review, examination and
possible revision; and
WHEREAS, the Tentative Budget for calendar year 2016 has been submitted to the
Town Board in accordance with Town Law § 106; and
WHEREAS, New York State Town Law § 108 requires that the Town Board must hold
a public hearing on the Preliminary Budget on or before the Thursday immediately following the
general election in November; and
WHEREAS, Town Law § 109 requires the adoption of a Final Budget on or before
November 20, 2015; and
WHEREAS, the Town Board has reviewed the Tentative Budget and has made changes
thereto deemed reasonable and appropriate and intends to adopt the Preliminary Budget
herewith.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. Pursuant to and in accordance with the provisions of Section 106 of the Town
Law, and other applicable provisions of law, the annexed detailed statement of estimated
expenditures and revenues is hereby approved and adopted as the Preliminary Budget of the
Town of Wappinger for the fiscal year beginning January 1, 2016.
3. The Preliminary Budget adopted herein shall forthwith be filed in the Office of
the Town Clerk in the Town of Wappinger where it shall be available for public inspection on
weekdays between 8:30 a.m. and 4:00 p.m.
4. The Town Board of the Town of Wappinger shall meet at Town Hall, 20
Middlebush Road, Wappingers Falls, New York on the 4th day of November, 2015 at 7:30 p.m.
and then and there shall hold a Public Hearing upon such Preliminary Budget.
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Special Meeting Minutes October 19, 2015
The Town Clerk of the Town of Wappinger shall give Notice of such Public Hearing in the
format attached hereto by publishing Notice thereof in the Southern Dutchess News, the official
newspaper of the Town of Wappinger, and also in the Poughkeepsie Journal, at least five (5)
days prior to the scheduled Public Hearing and the Town Clerk shall cause a copy of said Notice
to be posted on the sign board of the Town no later than five (5) days before the scheduled
Public Hearing.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2015-224
❑ Adopted
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted as Amended
Barbara Gutzler
Voter
Q
❑
❑
❑
❑ Defeated
William Ciccarelli
Seconder
Q
❑
❑
❑
Q Tabled
11
William H.Beale......................Mover...,.........Q......
❑........,........❑......
❑....
❑ Withdrawn
11
Ismay Czarniecki ....................
Voter ..............Q
......
..... 0 .................
......
..... ❑ ....
Next: 10/26/15 7:30 PM
..................
Michael Kuzmicz
............
Voter
.....
Q
.... ............
❑
............
❑
......
❑
Dated: Wappingers Falls, New York
October 19, 2015
The Resolution is hereby duly declared Tabled.
RESOLUTION: 2015-225
Resolution Introducing Local Law No. 2 Of The Year 2015, Imposing A Temporary Town -
Wide Moratorium On The Installation Of Freestanding Or Ground -Mounted Solar Energy
Systems
WHEREAS, the installation of solar energy systems on commercial and residential
properties has become wide spread in recent years due to various tax incentives and leasing
options; and
WHEREAS, the Town Board of the Town of Wappinger recognizes that solar panels
have many benefits for the property owner and the community in general but wise regulation
regarding the placement of ground mounted panels are required; and
WHEREAS, the installation of solar energy systems, particularly Freestanding or
Ground -Mounted Solar Energy Systems, impacts neighboring properties in that solar panels are
not always visually compatible with their setting and they require the clearing of trees and
structures to insure that sunlight reaches the solar collectors; and
WHEREAS, it is necessary to preserve the status quo in the Town of Wappinger pending
the enactment of reasonable regulations for the installation of Freestanding or Ground -Mounted
Solar Energy Systems; and
WHEREAS, the Town Board believes that it is in the best interest of the citizens and
property owners of the Town of Wappinger to impose a Temporary Town -wide Moratorium on
the Installation of Freestanding or Ground -Mounted Solar Energy Systems for a period of three -
months; and
WHEREAS, the Town Board has determined that the Proposed Action is a Type II
Action not subject to environmental review pursuant to 6 N.Y.C.R.R. §617.5 (c)(30) and
pursuant to Town of Wappinger Code §117-5 (the Town's Environmental Quality Review Law).
NOW, THEREFORE, BE IT RESOLVED:
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Special Meeting Minutes October 19, 2015
M
1.
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 consideration of its adoption proposed "Local
Law No. of the Year 2015, Imposing a Temporary Town -Wide Moratorium on the
Installation OF Freestanding or Ground -Mounted Solar Energy Systems" in the form annexed
hereto.
3. The Town Board hereby schedules a Public Hearing regarding the proposed adoption of
the annexed Local Law for 7:30 P.M., on the 4th day of November 2015, to be held at Town
Hall, 20 Middlebush Road, Wappingers Falls, New York, and the Town Clerk is directed to post
a Notice of Public Hearing in the form annexed hereto in the Town's official newspapers, the
Southern Dutchess News and Poughkeepsie Journal, and on the sign board maintained by the
Town Clerk in Town Hall not less than ten (10) days prior to said public hearing date.
4. The Town Board hereby directs the Town Clerk to act as follows with respect to the
proposed Local Law:
a. To serve a copy of this resolution, the annexed proposed Local Law, and the
Notice of Public Hearing to the municipal clerk of each abutting municipality
not less than ten (10) days prior to said Public Hearing; and
b. To serve a copy of this resolution, the annexed proposed Local Law, and the
Notice of Public Hearing to the Dutchess County Department of Planning and
Development for advisory review in accordance with §239-m of the General
Municipal Law; and
To distribute a copy of this resolution, the annexed proposed Local Law, and the Notice of
Public Hearing to the Town of Wappinger Planning Board for its review and recommendation
prior to said public hearing, pursuant to Zoning Code §240-112.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2015-225
Yes/Aye
No/Nay
Abstain
Absent
Q Adopted
❑ Adopted as Amended
Barbara Gutzler
Voter
Q
❑
❑
❑
❑Defeated
William Ceccarelli
Voter
Q
❑
❑
❑
❑ Tabled
William H. Beale .....................
Mover.. .
..... Q ......,......
❑ ...
❑ .............
... ..❑
. ...
❑ Withdrawn
Ismay Czarniecki
Voter
El
0.
o"
o"
..
Michael Kuzmicz
Seconder
Q
o
o
❑
Dated: Wappingers Falls, New York
October 19, 2015
The Resolution is hereby duly declared Adopted.
Items For Special Consideration
Motion To: Waiving of the $100 room use fee for Dutchess County Industrial Development
Agency
Dutchess County Industrial Development Agency wants to have a public hearing at town hall
Monday November 2nd at LOAM and asked for a waiving of the $100 room use fee.
Town of Wappinger Page 7 Printed 1012012015
Special Meeting Minutes October 19, 2015
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
William H. Beale, Councilman
SECONDER:
Michael Kuzmicz, Councilman
AYES:
Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz
VIII. Adjournment
1. Motion To: Wappinger Adjournment & Signature
The meeting adjourned at 7:53 PM.
Joseph P. Paoloni
Town Clerk
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
Ismay Czarnecki, Councilwoman
AYES:
Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz
Town of Wappinger Page 8 Printed 1012012015
LOCAL LAW NO. 2 OF THE YEAR 2015
A Local Law entitled Local Law No. 2 of the Year 2015, Imposing a Temporary Town -
Wide Moratorium on the Installation of Freestanding or Ground -Mounted Solar Energy Systems.
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section -L• TITLE.
This Local Law shall be known and cited as Town of Wappinger Local Law No. 2 of
2015 entitled "A Temporary Town -Wide Moratorium the Installation of Freestanding or Ground -
Mounted Solar Energy Systems."
Section -IL• PURPOSE AND INTENT.
A. It is the intention of the Town Board of the Town of Wappinger in enacting this Local
Law to temporarily suspend the installation of Freestanding or Ground -Mounted Solar
Energy Systems, as defined in Section IV herein, by the imposition of a temporary
moratorium on the issuance of permits and approvals for such installations for a period of
three (3) months from the effective date of this Local Law. Provision is made in this
Local Law to allow for extension of the three month moratorium if necessary.
B. The purpose of this temporary moratorium is to enable the Town of Wappinger to
temporarily halt the installation of Freestanding or Ground -Mounted Solar Energy
Systems, for a reasonable period of time to enable the Town to adopt appropriate
regulations of ground mounted solar panels which are not currently regulated in the Town
of Wappinger Zoning Code.
C. In recent years, the installation of solar energy systems on commercial and residential
properties has become wide spread due to various tax incentives and leasing options.
Solar panels are promoted by New York State and the Federal Government as sustainable
energy sources that reduce dependence on fossil fuels.
D. Solar panels have become, or will become, typical accessory uses for residential and
commercial properties but they are not specifically regulated by the Town Code.
E. The Town of Wappinger recognizes that solar panels have many benefits for the property
owner and the community in general but wise regulation regarding the placement of
ground mounted panels are required.
F. The installation of solar energy systems, particularly Freestanding or Ground -Mounted
Solar Energy Systems, have impacts on neighboring properties. Solar panels are not
always visually compatible with their setting and they require the clearing of trees and
structures to insure that sunlight reaches the solar collectors.
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G. The temporary moratorium is being limited to Freestanding or Ground -Mounted Solar
Energy Systems, because solar energy systems that are mounted on rooftops or existing
buildings require less tree clearing and they can be visually integrated into the existing
structure.
H. During the period of this temporary moratorium, the Town Board intends to suspend land
use regulations in the Town Code which conflict with the effect and intent of this Local
Law.
Section -III: LEGISLATIVE FINDINGS OF FACT.
A. The Town Board hereby finds that, pending the completion of the necessary studies,
meetings, hearings, environmental review and other actions necessary and incident to
proper consideration and adoption of a Local Law regulating the installation of
Freestanding or Ground -Mounted Solar Energy Systems, and any revisions and
amendments of the land use regulations of the Town, reasonable measures must be taken
to maintain the status quo in order to protect the public interest and ensure that future
solar energy system installations will be .
B. The Town Board finds that it is in the long term interest of the public and its welfare to
prevent the premature and inappropriate installation of Freestanding or Ground -Mounted
Solar Energy Systems that would cause impacts to properties in the Town of Wappinger.
C. The Town Board finds that the temporary moratorium should be limited to Freestanding
or Ground -Mounted Solar Energy Systems, because solar energy systems that are
mounted on rooftops or existing buildings require less tree clearing and site preparation
and can be visually integrated into the existing structure more readily.
Section -IV: DEFINITIONS.
A. FREESTANDING OR GROUND -MOUNTED SOLAR ENERGY SYSTEM.
A solar energy system that is directly installed in the ground and is not attached or affixed
to an existing structure.
Section -V: SCOPE OF CONTROLS.
A. During the effective period of this Local Law, the Town Board, the Planning Board, the
Zoning Board of Appeals, the Building Department and the Zoning Administrator shall
not permit, accept, process, interpret, deliberate upon, decide or approve any application
for the installation of Freestanding or Ground -Mounted Solar Energy Systems except as
set forth in Sections VI below.
B. This moratorium shall apply to all currently pending and future application for the
installation of Freestanding or Ground -Mounted Solar Energy Systems.
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Section -VL• HARDSHIP.
A. Should any owner of property affected by this Local Law suffer any unnecessary
hardship in the way of carrying out the strict letter of this Local Law, then the owner of
said property may apply to the Town Board of the Town of Wappinger in writing for a
waiver from strict compliance with this Local Law upon submission of proof of such
unnecessary hardship. For the purposes of this Local Law, unnecessary hardship shall
not be the mere delay in being permitted to make an application or waiting for a decision
on the application for a special permit, site plan, subdivision, variance or other permit
during the period of the moratorium imposed by this Local Law.
B. Procedure.
1. Upon submission of a written application to the Town Clerk by the property
owner seeking a waiver from this Local Law, the Town Board shall, within thirty
(30) days of receipt of said application, schedule a Public Hearing on said
application upon five (5) days written notice in the official newspaper of the
Town. Notice of said public hearing by regular mail, shall be provided to abutting
property owners at the address shown on the tax rolls.
2. At said Public Hearing, the property owner and any other parties wishing to
present evidence with regard to the application shall have an opportunity to be
heard, and the Town Board shall, within fifteen (15) days of the close of said
Public Hearing, render its decision either granting or denying the application for
variation from the strict requirements of this Local Law.
3. If the Town Board determines that a property owner will suffer an unnecessary
hardship if this Local Law is strictly applied to a particular property, then the
Town Board shall waive the application to this Local Law to the minimum extent
necessary to provide the property owner relief from strict compliance with this
Local Law.
Section -VII: PENALTIES FOR OFFENSES.
Any person, firm, entity or corporation that shall construct, erect, enlarge or alter any
building or structure, in violation of the provisions of this Local Law or shall otherwise violate
any of the provisions of this Local Law shall be guilty of a violation and subject to a fine of not
less than $200.00 nor more than $1,000.00. Each day that the violation continues shall be a
separate offense.
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Section -VIII: CONFLICTING LAWS SUPERSEDED.
All local laws, ordinances, or parts of local laws and ordinances, of the Town of
Wappinger that are in conflict with the provisions of this Local Law are hereby suspended to the
extent necessary to give this Local Law full force and effect during the effective period of the
moratorium.
Section -IX: SUPERSESSION OF THE TOWN LAW.
This Local Law is hereby adopted pursuant to Municipal Home Rules Law § 10(1)(i) and
§ 10(1)(ii)(a)(14) and Statute of Local Governments §10(6) of the State of New York. It is the
intent of the Town Board, pursuant to Municipal Home Rules Law §10(1)(ii)(d)(3) to supersede
the following provisions of the New York State Town Law, Chapter 16 relating to time limits in
connection with zoning and planning determinations:
A. Town Law §267-a (5) (Time for ZBA to act on variance);
B. Town Law §274-a (8) (Public Hearing on Site Plan);
C. Town Law §274-a (10) (SEQRA requirements for Site Plan);
D. Town Law §274-b (6) (Public Hearing on Special Permit);
E. Town Law §274-b (8) (SEQRA requirements for Special Permit);
Section -X: SEVERABILITY.
A. If a court of competent jurisdiction finds any provision(s) of this law invalid, in whole or
in part, the effect of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid, and all other provisions of the law shall continue to be
separately and fully effective.
B. If a court of competent jurisdiction finds the application of any provision of this law to
any building, other structure of tract of land to be invalid, in whole or in part, the effect of
such decisions shall be limited to the person, property or situation involved in the
controversy, and the application of any such provision to any other person, property or
situation shall not be affected.
C. 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,
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sentences, subsections, words or parts of this Local Law or their application to other
persons or circumstances. It is hereby declared to be the legislative intent of the Town
Board of the Town of Wappinger 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 thereof is held inapplicable had been specifically exempt therefrom.
Section -XL• TERM.
This Local Law shall remain in force for a period of three (3) months from its effective
date. This local law is subject to review and renewal by the Town Board of the Town of
Wappinger for two (2) additional three (3) month extensions by Town Board Resolution.
Section -XII: EFFECTIVE DATE.
This Local Law shall take effect upon its adoption and filing with the Secretary of State
in accordance with the provisions of Section 27 of the Municipal Home Rule Law.
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