LL #07-2005NEW 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. # 7 of the year 20 05
A local law (Insert Title) entitled "Local Law # 7 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 # 7 OF THE YEAR 2005
A Local Law entitled "Local Law # 7 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
This Local Law shall be known__and_cited as "Local Law #7 of 2005, .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 Chapter 137 of the Wappinger Town Code is hereby repealed and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.
IPA
§ 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.
41
(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 from one wetland to
another and are not necessarily dependent on the size of the wetland or the size of
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 importance of
any particular wetland and the potential impact of a proposed project on the
abovementioned values and functions and those set forth in Section 24-0103 of the
NYS Environmental Conservation Law.
E. Regulation of freshwater wetlands, in accordance with the agricultural exemption
established in § 137-6, is consistent with the legitimate interests of farmers and
other landowners to graze and water livestock, make reasonable use of water
resources, harvest natural products of the wetlands, selectively cut timber and
otherwise engage in 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 and
0
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
5
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.
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, anunals 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 § 137-6 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.
WATERBODY — 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.
(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
M
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 the affected 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
function(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 is signed by the Approval
Authority. The permit shall expire on completion of the acts specified and, unless
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 a renewal may be waived for 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 activity within a wetland or
wetland/watercourse buffer without a permit issued hereunder or who
violates, disobeys or disregards any provision of this chapter, including any
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 a
separate offense. Such civil penalty may be recovered in an action brought
by the Town at the request and in the name of the Approval Authority in
any court of competent jurisdiction. Such civil penalty may be released or
compromised by the Approval Authority and such penalty may be released
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, waterbodies or watercourses, or adjacent lands within one hundred
(100) feet thereof, shall take place except in conformance with Chapter 137 of the
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) § 137-153, 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 the local law annexed hereto, designated as local law No.
#7 of 2005 of the Odaxny) (C&A (Town) JY of (Name of
Legislative Body) Wappinger was duly passed by the
Town Board on June 27 2005, in accordance with the applicable
provisions of law.
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
approved) (repassed after disapproval) by the (Elective Chief Executive
Officer*) and was deemed duly adopted on 2005,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum).
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
approved) (repassed after disapproval) by the (Elective Chief Executive
Officer*) on 2005. Such local law was
submitted to the people by reason of a (mandatory) (permissive) referendum, and
received the affirmative vote of a majority of the qualified electors voting thereon at the
(general) (special) (annual) election held on
2005, in accordance
with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition
was filed requesting referendum).
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
approved) (repassed after disapproval) by the (Elective Chief Executive
2005. Such local law was
Officer*) on
subject to permissive referendum and no valid petition requesting such referendum was
filed as of 2005, in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county
elected on a county -wide basis or, if there be none, the chairperson of the county legislative
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).
I hereby certify that the local law annexed hereto, designated as local law No.
of 2005 of the City of having been submitted to
referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law,
and having received the affirmative vote of a majority of the qualified electors of such city
voting thereon at the (special)(general) election held on 2005, became
operative.
6. (County local law concerning adoption of Charter).
I hereby certify that the local law annexed hereto, designated as
of 2005 of the County of
18
local law No.
State of New
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 f the Count legislative body, City, Town or Village t;ierx
or officer designated by local legislative body
John C. Masterson, Town Clerk
(Seal) Date: *%LgiE5'
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney,
Village Attorney or other authorized attorney of locality).
STATE OF NEW YORK
COSY OF DUTCHESS
I, the undersigned, hereby certify that the foregoing enforlocal law contains the correct text the enactment of the local law annexed
that all proper proceedings have been had or
hereto. A A , �1 ".
Title
Maury
LcW of Wappinger
Town
Date:
s:\documents\docs2\500\wappinger\accessory apts\acc_apts.pll.lkb.doc
10