2012-3202012-320
Resolution Introducing Local Law_2013 Which Would Amend Chapter 206, Soil Erosion
and Sediment Control, of the Town Code
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 December
10, 2012.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
- Barbara Gutzler
- William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilwoman Czarniecki.
WHEREAS, the Town Board is considering the adoption of Local Law _ of 2013
which would amend Chapter 206, Soil Erosion and Sediment Control, of the Town Code;
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 pursuant to Chapter 117 of the Town Code (the
Town's Environmental Quality Review Law which establishes locally designated Type I
actions); 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.
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 of the Town of Wappinger hereby introduces for
consideration of its adoption proposed Local Law _ of 2013 in the form
annexed hereto; except as specifically modified by the amendments contained
therein, the Town Code as originally adopted and amended from time to time
thereafter is to remain in full force and effect and is otherwise ratified,
readopted and confirmed.
3. The Town Board hereby schedules a public hearing regarding the adoption of
the annexed proposed Local Law _ of 2013 for 7:30 PM on the 28th day of
January 2013 and the Town Clerk is hereby directed to publish notice thereof
in the Town's official newspapers not less than ten (10) days prior to said
public hearing date.
4. The Town Board hereby directs the Town Clerk 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.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
12/10/2012
The Resolution is hereby duly declared adopted.
CHRISTINE FULTON, TOWN CLERK
LOCAL LAW # OF THE YEAR 2013
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 #_ of 2013, for the purpose of
amending Chapter 206, Soil Erosion and Sediment Control, of the Town Code."
Section 2: Legislative Intent
This local law is determined to be an exercise of the police powers of the Town to protect
the public health, safety and welfare of its residents. The Town Board believes that it is
reasonable and appropriate to update and amend Chapter 206, Soil Erosion and Sediment
Control, of the Town Code.
Section 3: Code Amendments -Chanter 206, Soil Erosion and Sediment Control
1. Section 206-5 shall be amended to read as follows:
A. Requirement. Except as exempted by Subsection B of this section, no
property owner or his agent shall undertake any of the following grading,
stripping, cutting, filling, excavating or other site preparation activities
unless the Zoning Administrator has issued a grading permit as hereinafter
provided:
(1) Site preparation in excess of 400 square feet on slopes which exceed
one foot of vertical rise to four feet of horizontal distance or in areas
known to be subject to severe erosion.
(2) Grading, stripping, cutting, filling or excavation which affects more
than two feet in depth over an area of 400 square feet or more, or
which affects 30 cubic yards of material, within any parcel.
(3) Excavation for any in-ground swimming pool, or grading for an
above-ground pool on slopes which exceed one foot of vertical rise
to four feet of horizontal distance or in areas known to be subject to
severe erosion.
B. Exemptions. No grading permit shall be required under the following
circumstances in connection with the following activities:
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(1) When a plot plan for the construction of a proposed one- or two-
family dwelling has been approved by the Zoning Administrator.
(2) When site plan approval has been issued pursuant to § 240-83
herein.
(3) When a wetlands permit has been issued in accordance with Chapter
137 of this code.
(4) When a floodplain development permit has been issued in
accordance with Chapter 133 of this code.
- (5) - Household gardening and for lawn installation or repair activities on
existing developed lots, except for activities that are regulated under
subsections A(1) and (2) immediately above.
(6) Farm operations, as defined in the New York State Agriculture and
Markets Law, when conducted in an agricultural district, unless the
proposed grading for the farm operation has the potential to result in
substantial off-site impact.
(7) Governmental activities.
C. Application. A separate application shall be required for each grading
permit.' Plans, specifications and timing schedules shall be submitted with
each application for a grading permit. The plans shall be prepared or
approved and signed by a professional engineer, surveyor or an architect at
a scale acceptable to the Zoning Administrator and shall be reviewed and
approved or disapproved by the Engineer to the Town. The Zoning
Administrator may waive the preparation or approval and signature by the
applicant's professional engineer, surveyor or architect when the work
entails no reasonable hazard to the adjacent property.
D. Prohibition. With respect to vacant residentially zoned lots over one acre in size,
and with respect to all vacant commercially zoned property, no grading, stripping,
cutting, filling or excavation shall take place without plot plan or site plan
approval, as applicable.
Section 4: Ratification, Readoution 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.
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Section 5: 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.
Section 6: Seaarability
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 7: Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by the Municipal Home Rule Law.
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