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2024-1882024-188 Resolution Adopting Local Law No. 4 Of The Year 2024 Entitled "A Local Law for the Purpose of Amending Chapter 217-28, Sub -Division, 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 October 15, 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 -2024-188 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Joseph D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Seconder Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Mover Q ❑ ❑ ❑ Al Casella Voter Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Phillips and seconded by Councilwoman Bettina. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled, "A Local Law for the Purpose of Amending Chapter 217-28, Sub -Division, of the Town Code with Respect to Tree Felling exceptions" for consideration by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, the Town Board determined that the proposed action does not affect the environment and is not subject to SEQRA; and WHEREAS, a Public Hearing was held on October 15, 2024, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof, and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, be it resolved, that the Town Board of the Town of Wappinger hereby adopts the Local Law entitled, "A Local Law for the Purpose of Amending Chapter 217-28, Sub - Division, of the Town Code with Respect to Tree Felling exceptions", as Local Law 4 of 2024 a copy of which is attached hereto and made a part of this Resolution; and BE IT FURTHER RESOLVED, that the Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law and the Zoning Map of the Town shall be amended to reflect the change; and BE IT FURTHER RESOLVED, that this Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. 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 10/15/2024 The Resolution is hereby duly declared Adopted. JOSFPIJ' 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. 4 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. 4 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. 4 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 firuM 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 6Cunbairice Illiruc showri ori the Ilairidsca: pe Ips airu sh41 be Ipiiovlded Niru Clhuc fii6d Wthi mow teiric,lrig oii otlheii duuira:uUe irnatciriiM arid veidfiied by the 11=tuulillatliirig Ilirispe atoii oii otlheii d eslgiruated offlaBuauull piroii tuu 6 atli tuuirba=uiric,e. C:,. ="irlioii to a iruy kee u0uutdrig oii irciriruruvM, a=ul1 Uees ruuuu t be irna=uirlked arid amas to be aallca iced lideridfiied foil liirispeuatloru by the tuulillatliirig Ilirispe atoii oii otlheii desgiruated irinuuiruliaalipM offlc,lall. 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. N& 93.°t rireef6l]HIiing 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 firuM 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 6Cunba:uirice Illiruc showri ori the Ilairidsca: pe Ips auuiru shMI be Ipiiovlded Niru the fii6d Wthi eiriow teiric,lrig oil otlheir duuira:uUe irnateiriiM arid veer flied by the 11=Cuulillat rig Ilirispectoir oil otlheir ateslgruated offluBuM piroii Cru s6l at stuuirba=uiric,e. C:,. Flidoii to a iruy Circe uOuutdrig oil ireiruuuuvM, MI Circe iruuuuet Cieirna ii ked arid a= mace to be aalleauired lideiridfiied foil IiirispeuaCloru by the Cuulillat rig Ilirispectoir oil otlheir atesugruatedirinuuirik,,aipM offlc,lall. 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 Dutchess County Department ofi k Crate #pgs Planning and Development Co./Crept. Frorrr Fax # PHrorre # 239 Planning/Zoning Referral - Exemption Communities Municipality: Town of Wappinger Referring Agency: Municipal Board Tax Parcel Numbers(s): Project Name: A Local Law 6 for the Purpose of Amending Chapter 217-28, Sub -Division, of the Town Code with Respect to Tree Felling exception Applicant: Town Board - Wappinger (Address of Property: All Throughout The Town I Exempt Actions:* 239 Review is NOT Required Administrative Amendments (fees, procedures, penalties, etc.) Special Permits for residential uses (accessory apts, home occupations, etc.) • Use Variances for residential uses Area Variances for residential uses Renewals/Extension of Site Plans or Special Permits that have no changes from previous approvals No Authority to review these Actions • Subdivisions / Lot Line Adjustments • Interpretations F-1Exempt Action submitted for informal review Date Response Requested: 10/15/2024 Entered By: Paoloni, J Actions Requiring 239 Review Comprehensive/Master Plans ®Zoning Amendments (standards, uses, definitions, district regulations, etc.) F-1Other Local Laws associated with zoning (wetlands, historic preservation, affordable housing, architectural review, etc.) ❑ Rezonings involving all map changes Architectural Review ❑ Site Plans (all) ❑ Special Permits for all non-residential uses ❑ Use Variances for all non-residential uses ❑ Area Variances for all non-residential uses F__] Other (Describe): Parcels within 500 feet of: ❑ State Road: ❑ County Road: F-1State Property (with recreation area or public building) F-1County Property (with recreation area or public building) ❑ Municipal Boundary F-1Farm operation in an Agricultural District 'These actions are only exempt in municipalities that signed an intermunicipal agreemment with Dutchess County to that effect.' For County Office Use Only Response From Dutchess County Department of Planning and Development No Comments: ® Matter of Local Concern ❑ No Jurisdiction ❑ No Authority ❑ Withdrawn ❑ Incomplete - municipality must resubmit to County ❑ Exempt from 239 Review F-1 None Date Submitted: 9/30/2024 Date Received: 9/30/2024 Date Requested: 10/15/2024 Date Required: 10/29/2024 .......................................................................................................................................... Date Transmitted: 10/9/2024 Notes: Comments Attached: 0 Local Concern with Comments ❑ Conditional ❑ Denial ❑ Incomplete with Comments- municipality must resubmit to County ❑ Informal Comments Only (Action Exempt from 239 Review) Also mailed hard copy Reviewer: Major Project Referral #: ZR24-347 Date Printed: 10/9/2024