2013-0572013-57
Resolution Adopting Local Law No. 5 of 2013 Which Would Amend Chapter 214, Streets
and Sidewalks, 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
Councilman Beale.
WHEREAS, the Town Board is considering the adoption of Local Law _ of 2013
which would amend Chapter 214, Streets and Sidewalks, 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. 5
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.
d.
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 214,
Streets and Sidewalks 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 214, Streets and Sidewalks, 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 214, Streets and Sidewalks, of
the Town Code.
Section 3: Code Amendments -Chapter 214, Streets and Sidewalks
1. Section 214-10 shall be amended to read as follows:
§ 214-10. Restoration of highway.
Any such excavation in any highway shall be restored by the applicant, within the
time granted in the permit, with materials equivalent to those excavated and shall
be kept and maintained level with the unexcavated portion thereof, by the
applicant, for a period of two years from the date of restoration, so that said
excavated portion shall be left in as good, substantial and permanent condition as
before the excavation; and if not so restored and maintained, the work shall be
done by or under the direction of the Superintendent, and the cost thereof shall be
a lawful charge against the person to whom the permit was issued on the bond or
certified check herein provided for, and it shall be the duty of the Superintendent
to sue for and recover such costs or pay them with all or part of said bond or
certified check.
2. Section 214-12 shall be amended to read as follows:
§ 214-12. Duration of obligation.
For two years from the date the work is complete, the applicant shall be
responsible for any condition that may develop due to the applicant's failure to
properly restore the highway.
3. Section 214-39 shall be amended to read as follows:
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214-39. Grant of highway.
Such highway must be granted to the Town by a bargain and sale deed with a
covenant against grantor's acts, containing the correct metes and bounds
description shown on said map, which deed must be in such form as may be
required to entitle the same to be recorded in the office of the County Clerk of
Dutchess County, and the filing fees must be paid by the applicant. The bargain
and sale deed shall be accompanied by a title insurance policy naming the Town as
beneficiary in the minimum amount of $50,000, or such other amount as
determined by the Engineer to the Town and the Attorney to the Town, consistent
with the nature and value of the property and/or improvements to be dedicated to
the Town.
4. Section 214-43.B shall be amended to read as follows:
B. Highway construction guaranty. Prior to the acceptance of the highway or
issuance of any building permit, the developer shall post with the Town
Clerk of the Town of Wappinger a bond equal to 20% of the performance
bond guaranteeing the standard of construction set by these specifications,
normal wear and tear excepted, for a period of two years after the date of
final acceptance by the Town. This shall be interpreted to mean that the
developer, at his own expense, shall repair and make good any defects or
damage which may develop during this guaranty period as a result of faulty
construction by the developer within the right-of--way or as a result of other
construction by the developer off the right-of--way. The guaranty
responsibilities of the Town and the developer during the guaranty period
are specified under § 214-76B of these specifications.
5. Section 214-76.B shall be amended to read as follows:
B. After final acceptance by the Town and prior to the expiration of the two-
year guaranty period:
(1) It is intended by these minimum specifications and the applicable
requirements of the Land Subdivision Regulations Editor's Note: See
Ch. 217, Subdivision of Land. to have constructed by the developer a
road or street which meets the standards of Chapter 214 herein. To
assure the fulfillment of these requirements, the developer shall
guarantee its roads and the appurtenant road structures, such as
storm sewers, manholes, inlet basins, paved gutters, etc., against
structural failure for two years from the date of final acceptance by
the Town Board. If such failure should occur under conditions of
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normal use for which the area was intended, the developer shall
repair the damage to equivalent of original or better condition. These
repairs shall be made by order of the Town Superintendent of
Highways, oral or written and under his direction, and completed to
his satisfaction. Repairs shall be made, or satisfactory arrangements
made, to make said repairs within 48 hours.
(2) This guaranty shall include, but not be limited to, the following
items:
(3) Deterioration of the pavement, such as alligator cracks, chuck holes,
bleeding, edge breaking, depressions, etc.
(4) Deterioration of gutters, such as erosion, frost heave, cracking, edge
breaking, etc.
(5) Failure of the storm sewer such as pipe breaks, grate breaks,
stoppages due to accumulation of debris from construction,
settlement, etc.
Section 4: Ratification, Readontion 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,
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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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