2013-2192013-219
Resolution Introducing "Local Law No._ of the Year 2013, Amending Chapter 166 of the
Town of Wappinger Code Known as the Noise 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 October
15, 2013.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, after the Town Board adopted the Noise Control Law on .June 24, 2013,
representatives of a garbage hauling business provided information that supported a change in the
hours of exemption as applied to the garbage hauling business; specifically, it was recommended
that by slightly increasing the hours of exemption it would greatly facilitate servicing of industrial,
institutional and commercial properties and alleviate potential conflicts and traffic congestion
generated by school buses leaving in the early morning as well as other early morning traffic; and
WHEREAS, the Town Board has agreed to amend the exemption afforded to the garbage
hauling business; and
WHEREAS, the Town Board has determined that the proposed action is an Unlisted Action
pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known
as SEQRA) and pursuant to Local Law No. 6 of 1992 (the Town's Environmental Quality Review
Law); and
WHEREAS, the Town Board has determined that the proposed Local Law is an action
for which there are no other Involved Agencies and the Town Board is therefore, by default,
Lead Agency for this action; and
WHEREAS, the Town Board has caused the preparation of a Short Form Environmental
Assessment (EAF) form to review the potential environmental impacts of the proposed Local
Law.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth
and adopted herein.
2. The Town Board hereby declares itself as Lead Agency for purposes of SEQRA
review.
3. The Town Board has reviewed the Proposed Action pursuant to Article 8 of the
Environmental Conservation Law, Part 617 NYCRR (SEQRA) and Local Law 6
of 1992 of the Town of Wappinger, and hereby determines that there are no
adverse environmental impacts associated with the adoption of this Local Law,
and hereby issues a Negative Declaration of Significance.
4. The Town Clerk is hereby directed to file the Negative Declaration of
Significance and Short Form EAF as provided by law.
5. The Town Board hereby introduces for adoption Local Law No. of the Year
2013 in the form annexed hereto.
6. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of
Local Law No. of the Year 2013 to be held at Town Hall, 20 Middlebush
Road, Wappingers Falls, New York on the 25th day of November 2013, at 7:30
p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in
the form annexed hereto and to publish same in the Southern Dutchess News and
the Poughkeepsie Journal as required by law.
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
10/15/2013
The Resolution is hereby duly declared adopted.
G
~~ ~'~
MI AEL J. LE A ,TOWN CLERK
LOCAL LAW NO. OF THE YEAR 2013
A Local Law entitled "Local Law No. of the Year 2013, Amending Chapter 166 of the
Town of Wappinger Code known as the Noise Code."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section L Title:
This Local Law shall be known and cited as Town of Wappinger, "Local Law No. of the
Year 2013, Amending Chapter 166 of the Town of Wappinger Code known as the `Noise
Code"'
Section II: Legislative Intent:
After many years of discussion, debate and deliberation, the Town of Wappinger adopted a Noise
Control Law on June 24, 2013. At the Public Hearing, and after the Local Law had been introduced,
representatives of a garbage hauling business have provided information that supported a change in
the hours of exemption as applied to the garbage hauling business. Specifically, it was
recommended that by slightly increasing the hours of exemption it would greatly facilitate servicing
of industrial, institutional and commercial properties and also alleviate potential conflicts and traffic
congestion generated by school buses leaving in the early morning as well as other early morning
traffic. Accordingly, the Town Board has agreed to amend the exemption afforded to the garbage
hauling business as hereinafter provided.
Section III: Amendment to Chanter 166: "Noise":
Chapter 166 "Noise", Section 5. I. "Exemptions" sub-section I. shall be amended to read as
follows:
"§ 166-5. I. Sound generated by garbage trucks as follows:
1. on weekdays between 5:00 A.M. and 10:00 P.M. when servicing of property used for
commercial, industrial, governmental, educational purposes and for multi-family
residential developments containing four or more units;
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2. on weekdays between 5:30 A.M. and 10:00 P.M. when servicing of properties in one
and/or two family residential zoning districts;
3. on weekends and legal holidays between 6:00 A.M. and 10:00 P.M.;
4. loaded garbage trucks shall perform compacting operations in areas without residences;
and
5. whenever an area contains a mix of different uses, the most restrictive standard shall
apply."
Section IV: Ratification:
Except as herein modified and amended, Chapter 166 of the Town of Wappinger Code,
"Noise" is hereby ratified and reconfirmed.
Section V: 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 VI: 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; the Codifier shall make no substantive changes to this Local
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Law; the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate
word as required for codification; and 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 VII: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of State as
provided by law Municipal Home Rule Law.
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NOTICE OF PUBLIC HEARING
TOWN OF WAPPINGER
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will
conduct a PUBLIC HEARING on the day of , 2013, at 7:30 P.M. at
the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at
which time all parties in interest and citizens shall have an opportunity to be heard as to whether
the Town Board of the Town of Wappinger shall adopt Local Law No. of the Year 2013,
"Amending Chapter 166 of the Town of Wappinger Code known as the Noise Code."
PLEASE TAKE FURTHER NOTICE that the purpose and intent of the proposed
Local Law is to change the hours of exemption as applied to the garbage hauling business to
facilitate servicing of industrial, institutional and commercial properties and alleviate potential
conflicts and traffic congestion generated by school buses leaving in the early morning as well as
other early morning traffic.
PLEASE TAKE FURTHER NOTICE that the Town Board has reviewed the adoption of
this Local Law as an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law,
Part 617 NYCRR (SEQRA) and pursuant to Local Law 6 of 1992, and has determined that there are
no adverse environmental impacts associated with the adoption of this Local Law, and the Town
Board has issued a Negative Declaration of Significance and has caused the preparation of a Short
Form EAF for this project.
PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law No.
of the Year 2013 are available for review and inspection at the Office of the Town Clerk on
weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers
Falls, New York.
Dated: October 15, 2013
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF WAPPINGER
MICHAEL J. LEONARD, TOWN CLERK
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Amendment to Noise Control Law.doc