2024-188 (2)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.
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='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.
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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
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