2013-0562013-56
Resolution Adopting Local Law No. 4 of 2013 Which Would Amend Chapter 213,
Stormwater Management, 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 January
28, 2013.
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 adopts Local Law No. 4
of 2013; 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.
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
1/28/2013
The Resolution is hereby duly declared adopted.
CHRISTINE FULTON, TOWN CLERK
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
Local Law Fili
(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 2013
A local law entitled "Local Law # of 2013, for the purpose of amending Chapter 213,
Stormwater Management of the Town Code."
Be it enacted by the TOWN BOARD
of the
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.)
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 213, Stormwater Management, 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 213, Stormwater Management,
of the Town Code.
Section 3: Code Amendments -Chapter 213, Stormwater Management
Section 213-10.A shall be amended to read as follows:
A. In order to ensure the full and faithful completion of all land development
activities related to compliance with all conditions set forth by the Town in
its approval of the stormwater pollution prevention plan, the Town may
require the applicant or developer to provide, prior to construction, a
performance agreement, secured by a surety bond, cash escrow, or
irrevocable letter of credit issued by appropriate fmancial or surety
institution which guarantees satisfactory completion of the project and
names the Town as the beneficiary. The security shall be in an amount to be
determined by the Town upon consultation with the Engineer to the Town
and the Attorney to the Town, based on submission of final design plans,
with reference to actual construction and landscaping costs. The
performance agreement shall be in a form acceptable to the Town. The
performance agreement shall remain in force until the surety is released
from liability by the Town, provided that such period shall not be less than
two years from the date of final acceptance or such other certification that
the facility(ies) has (have) been constructed in accordance with the
approved plans and specifications and that atwo-year inspection has been
conducted and the facilities have been found to be acceptable to the Town.
Notwithstanding the above, stormwater facilities involving wetlands shall
be subject to § 137-11A of this code. Per annum interest on cash escrow
deposits shall be reinvested in the account until the surety is released from
liability.
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Section 4: 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 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: 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 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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