2024-1832024-183
Resolution Introducing Local Law No. 6 Of 2024 Which Would Amend Chapter 217, Sub -
Division, and 240, Zoning, Of The Town Code With Respect To Tree Felling Exceptions
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
September 23, 2024.
The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2024-183
Yes/Aye
No/Nay
Abstain
Absent
2 Adopted
❑ Adopted as Amended
Joseph D. Cavaccini
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Voter
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Seconder
Q
El
El
ElElWithdrawn
Christopher Phillips
Mover
Q
❑
❑
❑
Al Casella
Voter
2
❑
❑
❑
The following Resolution was introduced by Councilman Phillips and seconded by
Councilwoman Bettina.
WHEREAS, the Town Board is considering the adoption of Local Law No. 6 of 2024 which
would amend Chapter 217, Sub -Division, and 240, Zoning of the Town Code with respect to Tree
Felling Exceptions (the "Proposed Action"); and
WHEREAS, for the purposes of the New York State Environmental Quality Review Act
(SEQRA), the Proposed Action is as defined above; and
WHEREAS, the Town Board has determined that the Proposed Action is a Type I action
pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as
"SEQRA"); and
WHEREAS, the Town Board has determined that the proposed Local Law is an action for
which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead
Agency for this action; and
WHEREAS, a Determination of Significance has not yet been made with respect to the
Proposed Action.
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.
2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No.6
of 2024 in the form annexed hereto.
I The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed
proposed Local Law No. 6 of 2024 for 7:00 PM on the 15 day of October, 2024 and the Town
Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto
and to publish same in the Southern Dutchess News and the Poughkeepsie Journal 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 public
hearing notice to the municipal clerk of each abutting municipality not less than ten
(10) days prior to said public hearing;
b. To serve a copy of this resolution, the annexed proposed Local Law, and the public
hearing notice to the Dutchess County Department of Planning and Development for
advisory review in accordance with Section 239 of the New York State General
Municipal Law; and
C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public
hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to
said public hearing.
The foregoing was put to a vote which resulted as follows:
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Christopher Phillips, Councilman
SECONDER:
Angela Bettina, Councilwoman
AYES:
Cavaccini, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
9/23/2024
The Resolution is hereby duly declared Adopted.
JOSEPU° P. PAOLONI, TOWN CLERK
NEW YORK STATE DEPARTMENT OF STATE
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 2024
A local law entitled "A Local Law for the Purpose of Amending Chapter 217-28, Sub -Division, of the
Town Code with Respect to Tree Fellinq exception."
Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows:
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1. Title
This Local Law shall be known and cited as "Local Law No. _ of 2024, for the Purpose of Amending
Chapter 217-28, Sub -Division, of the Town Code with Respect to Tree Felling exception."
LOCAL LAW No. _ OF THE YEAR 2024
Section 1. Amendments to Chapter 217-28 and 240-93
[Added 3-11-2019 by L.L. No. 4-2019]
Notwithstanding other provisions of this chapter to the contrary, the Planning Board may, by resolution, at its sole
discretion, allow the felling of trees on a property after tiiruM subdivision plat approval when the timing of such tree felling
is deemed by the Board to be in the best interest of protecting the Indiana bat (Myotis sodalis). However, in this context,
the removal of stumps shall not be permitted and the movement of felled trees on-site or off-site is prohibited. Further, if
the Board approves said tree felling, all of the following shall occur prior to the cutting of any trees:
A.
The applicant shall submit a sufficiently detailed plan prepared by a design professional and acceptable to the Planning
Board which shows the area proposed for the tree felling.
1 t.
11Mircc I, iiotcctloru rineasuiies arid the Illiirnt of 6stu iibairice Illiruc showri ori the Ilairidsca: pe Ips airu sh41 be Ipiiovlded Niru the ti6d Wthi
mow teiric,l rig uuu otlheii duuira:uUe irnatciriiauull arid vciritied by the 11= tuulillatliirig Ilirispe atoii uuu rutlheii d eslgiruated ruttiiaBuauull Iputuuu to 6
6 tuuirba=uiric,e.
C:,.
="irliruir to a iruy Uee u0uutdrig uuu irciruuruvM, a=ullll tines iruuuu t be irna=uirlked arid amas to be aallca iced lideriUfiied tuuu liirispe atloru by the
tuulillatliirig Ilirispe atuuu uuu otlheii a eslgiruauuted irnuuirulivalipell uuttk,,iall.
D.
A bond or other performance guarantee in an amount as determined by the Town Engineer for the possible restoration of
the land being developed shall be filed with the Town.
E.
A notice of intent (N01) and a stormwater pollution prevention plan (SWPPP) shall be approved by the Town, if
applicable.
F.
Applicable inspection fees and sufficient escrow shall be submitted by the applicant to the Town.
G.
Tree protection (for the trees to be preserved on-site), erosion and sedimentation protection, and wetland protection
measures, as applicable, shall be implemented to the satisfaction of the Town Building Department. No tree felling under
this section shall take place in any regulated wetland or regulated adjacent buffer area.
H.
The applicant shall attend a pre -construction meeting with the Town Building Department.
244 93.°t „'I iree (;llllllliiuni excqpt,liioiini
[Added 3-11-2019 by L.L. No. 2-2019]
Notwithstanding other provisions of this chapter to the contrary, the Planning Board may, by resolution, at its sole
discretion, allow the felling of trees on a property after tiiruM subdivision plat approval when the timing of such tree felling
is deemed by the Board to be in the best interest of protecting the Indiana bat (Myotis sodalis). However, in this context,
the removal of stumps shall not be permitted and the movement of felled trees on-site or off-site is prohibited. Further, if
the Board approves said tree felling, all of the following shall occur prior to the cutting of any trees:
A.
The applicant shall submit a sufficiently detailed plan prepared by a design professional and acceptable to the Planning
Board which shows the area proposed for the tree felling.
2
='C.
11Miree I, iiotcuaCloru rineasuiies arid the Illiirinu t of 6stuuirba:uirice Illiruc showri ori the Ilairidsca: pe Ips auuiru shMI be Ipiiovlded Niru the trl6d Wthi
eiriow teiric,l rig uuu otlheu duuira:uUe irnateiriiauull arid veirified by the 11=Cuulillat rig Ilirispectoii uuu otlheu ateslgruated offiiuBuM Ipunuuu to s6l
at stuuirba=uiric,e.
C:,.
Flidruir to a iruy Circe uOuutdrig uuu ireiruuuuvM, a= II Circe iruuuuet Cieirna liked arid a= mace to be aalleauired lideirtfiied tuuu IiirispeuaCloru by the
Cuulillat rig Ilirispectoii uuu otlheu ateslgruauutedirnuuirik,,ailpefl uuttk,,iall.
D.
A bond or other performance guarantee in an amount as determined by the Town Engineer for the possible restoration of
the land being developed shall be filed with the Town.
E.
A notice of intent (N01) and a stormwater pollution prevention plan (SWPPP) shall be approved by the Town, if
applicable.
F.
Applicable inspection fees and sufficient escrow shall be submitted by the applicant to the Town.
G.
Tree protection (for the trees to be preserved on-site), erosion and sedimentation protection, and wetland protection
measures, as applicable, shall be implemented to the satisfaction of the Town Building Department. No tree felling under
this section shall take place in any regulated wetland or regulated adjacent buffer area.
H.
The applicant shall attend a pre-construction meeting with the Town Building Department.
Amend Chapter 217 and 240
Section 2. Ratification, Readoption and Confirmation
Except as specifically modified by the amendments contained herein, the Code of the Town of
Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force
and effect and is otherwise ratified, readopted and confirmed.
Section 3. Numbering for Codification
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local
Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of
this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that
the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be
changed to "Chapter," "Section" or other appropriate word as required for codification; and that any
such rearranging of the numbering and editing shall not affect the validity of this Local Law or the
provisions of the Code affected thereby.
3
Section 4. 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 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 5. Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
the Municipal Home Rule
2
NOTICE OF PUBLIC HEARING
AMENDMENT OF THE TOWN CODE
TOWN OF WAPPING ER, NEW YORK
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a
Public Hearing on the 14th day of October 2024, at 7:00 PM at the Town Hall, 20 Middlebush Road,
Wappingers Falls, 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 adopt Local Law No.
of 2024 which would amend Chapter 217, Sub -Division and 240, Zoning, of the Town Code with
Respect to Tree Felling Exceptions.
PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its
Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing to be held
on the adoption of the proposed Local Law.
PLEASE TAKE FURTHER NOTICE that the full text of the proposed Local Law 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: September 23, 2024
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF WAPPINGER
JOSEPH P. PAOLONI
Town Clerk
Town of Wappinger
https://d.docs.live.netr7f22debf5O6cdb6f/documents/misc code 11 ph notice.mms.doc