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2005-087N (DRAFT) RESOLUTION NO. 2005-d7 TOWN OF WAPPINGER TOWN BOARD 6/6/05 RE: RESOLUTION ADOPTING LOCAL LAW No. #7 OF 2005 — AMENDMENTS TO THE TOWN CODE, CHAPTER 137, FRESHWATER WETLANDS, AND SECTIONS 122-20.0 AND 240-32.A 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 the 13`h day of June, 2005 at 7:30 P.M. The meeting was called to order by Supervisor Joseph Ruggiero, and upon roll being called, the following were: PRESENT: Supervisor - Councilmembers ABSENT: JOSEPH RUGGIERO ROBERT L. VALDATI VINCENT F. BETTINA JOSEPH PAOLONI MAUREEN McCARTHY The following resolution was moved by Councilmemberyaldati seconded by Councilmember McCarthy and WHEREAS, the Town Board of the Town of Wappinger has determined that Chapter 137 of the Town Code should be amended 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; along with associated amendments to Sections 122-20.0 (Fees) and Section 240-32.A of the Town Code (the "Proposed Action"); and WHEREAS, the Town Board 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 WHEREAS, a duly advertised public hearing was held on June 13, 2005 at the Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York at which time all those wishing to be heard were given the opportunity to be heard and the hearing was closed on that date; 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. Amendment to the Town Code — Chapter 137, Freshwater Wetlands, Sections 122-20.0 and 240-3l.A� Resolution of Adoption of Local Law 2. Pursuant to State Environmental Quality Review regulations, the Town Board hereby adopts a Negative Declaration, attached hereto, on the grounds that the Proposed Action will not result in any significant environmental impacts as no construction will occur as a direct result of the amendments and the amendments will generally strengthen and clarify the Town's existing wetlands regulations, thereby strengthening protections to wetlands resources, while allowing for exceptions for activities on residentially zoned lots 80,000 square feet and less in size and which contain an existing home. 3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. #7 of 2005; and, except as specifically modified by the amendments contained therein, the Zoning Law and Zoning Map, as originally adopted and amended from time to time, are to remain in full force and effect. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO ROBERT L. VALDATI VINCENT F. BETTINA JOSEPH PAOLONI MAUREEN McCARTHY The resolution is hereby duly declared adopted. Dated: June 27 , 2005 Wappinger, New York Attachment: (Negative Declaration) voting _Aye voting Aye voting Aye voting Aye voting Aye C. MAS ERSON Town Clerk Town of Wappinger s:\documents\docs2\500\wappinger\wetlands\wetlands.locallaw.pmadopt.lkb. doc 2 of 2 SEQR State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non -Significance Project Number: Date: June 13, 2005 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Wappinger Town Board, as Lead Agency, has determined that the Proposed Action described below will not have a significant adverse effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Local Law Amending Town Code of the Town of Wappinger— Chapter 137, Freshwater Wetlands, and Sections 122-20.0 and 240-32.A. SEQR Status: Type I Unlisted X Conditioned Negative Declaration: Yes X No Description of Action : The Town Board of the Town of Wappinger has determined that Chapter 137 of the Town Code should be amended to clarify and update the Town's existing wetlands regulations and while exempting from regulation any proposed activities on any residentially zoned lot which is 80,000 square feet or less in size and which contains an existing home; along with associated amendments to Sections 122-20.0 (Fees) and Section 240-32.A of the Town Code. Location: Town of Wappinger, Dutchess County SEQR Negative Declaration Reasons Supporting This Determination: (See 617.7(c) for requirements of this determination; see 617.7(d) for Conditioned Negative Declaration) Page 2 The Proposed Action will not result in any significant environmental impacts as no construction will occur as a direct result of the amendments and the amendments will generally strengthen and clarify the Town's existing wetlands regulations, thereby strengthening protections to wetlands resources, while allowing for exceptions for activities on residentially zoned lots 80,000 square feet and less in size and which contain an existing home. Lead Agency: Town of Wappinger Town Board Town Hall, 20 Middlebush Road, P.O. Box 324 Wappingers Falls, New York 12590-0324 For Further Information: Contact Person: Joseph Ruggiero, Town Supervisor Address: Town Hall, 20 Middlebush Road, P.O. Box 324, Wappingers Falls, New York 12590-0324 Telephone Number: (845) 297-2744 s \documents\does2\5004appinger\wetlands4etlands. negdee. form.lkb, doe NEW 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. # of the year 20 05 A local law (Insert Title) entitled "Local Law # 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 # OF THE YEAR 2005 A Local Law entitled "Local Law #— 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 Thisl,ncaLLaw_ _shalllb� known-andnited as "Local Law �f.2D05,_ 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. 14 § 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. 3 (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 fthe wetland or the size of another and are not necessarily dependent on the s 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 impsed ortance of any particular wetland and the oteand those ct of a set forth in Section 24-0103 of the ct on the abovementioned values and functions NYS Environmental Conservation Law. E. Regulation of freshwater wetlands, in accordance with the agricultural exemption established in § 137-6, is consistent with the legitimater in interests us rests of e oers and other landowners to graze and water livestock, make ter resources, harvest natural products of the wetlands, selectively cut timber and otherwise engage m 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 C! 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 P 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. 0 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, animals 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 § 13 7-6 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. WATER -BODY -- 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. t: (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 6 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 ahe .af�cted _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 f inction(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 s segs eby e Approval unl Authority,_ . The permit shall expire on completion o the Pec ss 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_ wm a_reneal.ay_.he-Waived_-f-o_r 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 a ti ty within e�-dere ornwho wetland/watercourse buffer without rovision of flus chapter, including any violates, disobeys or disregards any p 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 brought separate offense. Such civil penalty may bee covered of the man cnAuthority in by the Town at the request and in the nam Approval any court of competent juridiction. Such sannd such penalty may be releasety may be released d compromised by the Approval Authority P 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, water -bodies -or -watercourses, _or adjacent c ands- i en137 of the (100) feet thereof, shall take place except in conforman P 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) § 137-15.13, 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 Legislative _ of Body)_ provisions of law. the local law annexed hereto, designated as local law No. 2005 of the (County) (City) (Town) (Village) of (Name of was duly passed by the on 2005, in accordance with the applicable 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 after disapproval) by the (Elective Chief Executive approved) (repassed Officer*) and was deemed duly adopted on 005, in accordance with the applicable provisions of law. 3. - - (Final adoption by referendum). cal law No. I hereby certify that the local law annexed hereto, designated as lo of 2005 of the (County) (City) (Town) (Village) g was duly passed by the (Name of Legislative on Body) 2005, and was (approved) (not ief _Executive -approved) _(repassed after _ disapproval)__ by__ the _ (Tkec#ye _.Chlocal law was Officer*) on 2005 Such (permissive) referendum, and submitted to the people by reason of a (mandatory) (P thereon at the received the affirmative vote of a majority of the qualified electors voting ti gin accordance (general) (special) (annual) election held on with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.). cal law No. l I hereby certify that the local law annexed hereto, designated as local of (Name o of 2005 of the (County) (City) (Town) o�egislatcvege Body) was duly passed by the f 2005, and was (approved)not on (Elective tive approved) (repassed after disapproval) by the h 005. Such local law hwas Officer*) on subject to permissive referendum and no valid petition requesting r visionseof awe. was filed as of 2005, in accordance with the app P unty *Elective Chief Executive Officer means or includes thechief r on of the oecutive lunty leg --- elected e elected on a county -wide basis or, if there be none, the rp 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). the local law annexed hereto, designha ben al law No. I hereby certify that in submitted to of 2005 of the City of icipal g referendum pursuant to the provisions of section (36)(37) of the qualified electors of such city and having received the affirmative vote of a majority oft q 2005, became voting thereon at the (special)(general) election held on operative. 6. (County local law concerning adoption of Charter). I hereby certify that the local law annexed hereto, designated as loc l w New Of 2005 of the County of York, having been submitted to the electors at the General Election of November 2005, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. 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 of the County legislative body, City, Town or Village Clerk or officer designated by local legislative body (Seal) Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality). STATE OF NEW YORK COUNTY OF I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Title County City of Town Village Date: s:\documents\docs2\500\wappinger\wetlands\wetlands,pll.lkb. doc 19 SEAR 14-16-2(9/95)-7c 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM ly mann Purpose: The full EAF is designed to help applicants and agencies on may significant ris not always easyrto rp project or action may be significant. The question of whether an action maybe ethnically answer. Frequently, there are aspects of a project that are sl knowledge ho of he envirove or nment Or may b understood ally those who determine significance may have little or no oo have knowledge in one particular area may not be aware expert in environmental analysis. In addition, many of the broader concems affecting the question of significance. licants and agencies can be assured that the The full EAF :is intended to provide a method whereby app et flexible to allow introduction of information determination process has been orderly, comprehensive in nature, y to fit a project or action. riled of three parts: - - - Full EAF Components: The full EAF is comp basic Part 1: Provides objective data and information about a given project and its site. By identifying project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3.. from a project or action. it Part 2: Focuses on identifying the range of possible impacts that may occur provides guidance as to Whether an impact is likenenti be considered an impact rand be mitigated or it is a potentially large impact. The form also reduced. Part 3: if any impact in Part 2 is :identified as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE - Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: i Part 1 1 Part 2 [1 Part 3 review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting Upon information, and considering both the magnitude and importance of each impact, rt is reasonable determined by the inform lead agency that: large and important impact(s) and, therefore, is one which will not have A. The Project will not result in any +3 prepared. a significant impact on the environment, therefore a negative declaration will be ere not e a (thou h the project could have a significant effect on descthe ribed in PART 13 has been significant ❑ B. A 9 effect for this Unlisted Action because declaration will be prepared.* therefore a CONDITIONED negative.have a significant impact on ❑ C. The project may result in one or more large and important impacts that may the environment, therefore a positive declaration will be prepared. A Conditioned Negative Declaration is only valid for Unlisted Actions 122-20.0 and 240-32.A of the Local Law Amending Chapter 137, Freshwater Wap in Town Code Name of Action Town of Wa in er Town Board Name of Lead Agency Su ervisor Joseph Ru iero Title of Responsible Officer Print or Type Name of Responsible Officer in Lead Agency David H. Stolman AICP PP different from Signature of Signature of Re ebs blOe officelicei �Lead -Agency rspoPreparer (if Ma 17 2005 Date PART 1 - PROJECT INFORMATION Prepared by Project Sponsor NOTICE. This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire Form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so Please Complete ,Each Question - Indicate N.A. if not applicable A. Site Description "" NOT APPLICABLE - SEE ATTACHMENT Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑ Urban ❑Industrial ❑ Commercial ❑ Residential (suburban) ❑ Rural (non-farm) ❑ Forest ❑ Agriculture ❑Other 2. Total acreage of project area: acres: PRESENTLY AFTER COMPLETION APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) acres acres acres acres Forested Agricultural (includes orchards, cropland, pasture, etc.) _acres acres acres Wetland (Freshwater or tidal as per Article 24, 25 of ECL) acres acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres Roads, Buildings and Other Paved Surfaces acres acres Other (Indicate type) ---- acres 3. What is predominant soil type(s) on project site? % of site ❑ Moderately well drained % of site a. Soil drainage ❑ Well drained ❑ Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres. (See 1 NYCRR 370) 4. Are there bedrock outcroppings on the project site?❑ Yes a. What is depth to bedrock? _________—feet) 5Approximate percentage of proposed project site h slopes ❑ No 00-10%—% ❑10-15%% ❑ 15% or greater —% 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑ Yes ❑ No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes El No ( in feet 8. What is the depth of the water table? ❑ Yes ❑ No 9. Is site located over a primary, principal or sole source aquifer? 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes ❑ No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑ Yes ❑ No According to Identify each species ect site? 12. Are there any unique or unusual land forms on the proj(Le., cliffs, dunes, other geological formations) ❑ Yes ❑ No Describe recreation area? 13. is rhe project site presently used by the community or neighborhood an a.. uNGn apace �� rc%rcauv ❑ Yes ❑ No If yes, explain 14. Does the present site include scenic views known to be important to the community? ❑ Yes ❑ No 15. Streams within or contiguous to project area: a_ Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: b. Size (In acres) a. Name 17. is the site served by existing ,public ,utilities? ❑ Yes D No a. if Yes, does sufficient capacity exist to allow connection? ❑Yes ❑ No b. If yes, will improvements be necessary to allow connection? ❑ Yes ❑ No 1a. is the site located in an agricultural district certified pursuant to Agriculture and Market Law, Article 25 -AA Section 303 and 304? ❑ Yes ❑ No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Articie of the ECL, and 6 NYCRR 617? ❑ Yes ❑ No 20. Has the site ever been used for the disposal of solid or hazardous waste? ❑Yes ❑ No B. Project Description ** NOT APPLICABLE, EXCEPT #24 AND #25 - SEE ATTACHMENT** 1. Physical dimensions and scale of project (fill in dimensions as appropriate) sponsor acres_ a_ Total contiguous acreage owned or controlled 'by project acres b. Project acreage to be developed acres initially; ultimately. acres. c. Project acreage to remain undeveloped d. Length of project, in milesprop ---(if appropriate) osed ______—( P e. If the project is an expansion, indicate percent of expansion oosed f. Number of off-street parknenerated per h�ogr _(upon completion of project)? g. Maximum vehicular trips 9 of housing units: h. If residential: Number and typeTwo Family Multiple Family Condominium One Family Initially Ultimatelywidth; _ __ —length. i. Dimensions (in feet) of largest proposed structure height; j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? ton/cubic yards 3. Will disturbed areas be reclaimed? ❑ Yes ❑ No ❑ N.A. a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ❑ Yes ❑ No c. Will upper subsoil be stockpiled for reclamation? ❑ Yes ❑ No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other locally -important vegetation be removed by this project? ❑Yes ❑ No 6. If single phased project: Anticipated period of construction months, (including demolition). 7. If multi -phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1• month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ❑ Yes ❑ No 8. Will blasting occur during construction? ❑ Yes ❑ No 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? ❑ Yes ❑ No If yes, explain 12. Is surface liquid waste disposal involved? ❑ Yes ❑ No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount _ b. Name of water body into which effluent will be discharges 13. Is subsurface liquid waste disposal involved? ❑ Yes ❑ No Type. 14. Will surface area of an existing water body increase or decrease by proposal? ❑ Yes ❑ No Explain 15. Is project or any portion of project located in a 100 year flood plain? ❑ Yes ❑ No 16. Will the project generate solid waste? ❑ Yes ❑ No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ❑Yes ❑ No c. If yes, give name ; location d. Will any waste not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain 17. Will the project involve the disposal of solid waste? ❑ Yes ❑ No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ❑ Yes ❑ No 19. Will project routinely produce odors (more than one hour per day?) ❑ Yes ❑ No ❑ Yes 0 No 20. Will project produce operating noise exceeding the local ambient noise levels? ❑ Yes ❑ No 21. Will project result in an increase in energy use? ❑ Yes ❑ No If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity 23. Total anticipated water usage per day 24. Does project involve Local, State or Federal funding? If yes, explain gallons/day. ❑ Yes ■No gallons/minute. 25. Approvals Required: Submittal Type Date Local Law Amending Section 137, Town Board ■Yes ❑ No Freshwater Wetlands of the Town of Wa in erTown Code City, Town, Village Planning Board ❑ Yes ■No City, Town, Zoning Board ❑ Yes ■No City, County Health Department ❑ Yes ■No Other Local Agencies ❑ Yes ■No Other Regional Agencies ❑Yes ■No _ State Agencies ❑ Yes -■No Federal Agencies ❑ Yes ■No C. Zoning and Planning Information—NOT APPLICABLE, EXCEPT #1 -SEE ATT ACHMENT � 1. Does proposed action involve a planning or zoning decision? ■Yes ❑ No If yes, indicate decision required_ermit ❑subdivision ❑ site plan ❑zoning amendment ❑ zoning variance ❑ special use p■other Wetlands Law amendment ❑new/revision of master plan ❑ resource management plan 2. What is the zoning classificatio.n(s) of the site? ermitted b the resent zoning? 3. What is the maximum potential development of the site if developed asp Y p 4. What is the proposed zoning of the sate? permitted b the proposed zoning? 5. What is the maximum potential development of the site if developed as Y 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ❑ Yes ❑ No zoning classification within a 1/4 mile radius of proposed action. 7. What .are the predominant land uses) and 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1 /4 mile? ❑Yes ❑ No 9. If the proposed action is the subdivision of land, how many lots are proposed? a_ What is the minimum lot size proposed? - I o. Will proposed action require any authorization (s) for the formation of sewer or water districts? ❑ Yes ❑ No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ❑ Yes ONo a, if yes, is existing capacity sufficient to handle projected demand? ❑Yes ❑ No 12. Will the :bove pres proposed action .result in the generaeion of traffic uate to handlenth additificantly ional traffic? levels? ❑Nom ❑No a. if yes, is the existing road network adequate D. Informational Details — SEE ATTACHMENT se Attach any additional information as maybe needed to clarify impacts you and the measures which f there are or yyoou propose be any arto impacts associated with your proposal, please mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Town of Wa in er Town Board Date May 17 2005 Signature Title President - Frederick P. Clark Associates, Inc David H. Stolman, AICP, PP Part 2 -PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expected to be an expert environmental analyst does no Identifying necessarily Identify that yaae (column ) significant. Any act must be potentially i Part3 to determine s significance. mean that it is also n impar in column 2 simply asks that it be looked at further_ The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude thatwould ouldt situations. igeraresponse Butr�any specific project on column 2. The pr site other onses are examples and/or throughout the State and lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. -- --- ---- - - The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. The .number of examples per question does not indicate the importance of each question. •In identifying impacts, consider long term and cumulative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered .as Yes answers_ C. If answering yeto a question then check the appropriate box (column 1 or 2) t s o indicate the potential size of the impact. s impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column I _ a and proceed to d. If reviewer has doubt about size of the impact then consider the impact aspotentiall large 9 PART 3. e. If a potentially large impact kchecked in the Yes noxi n column 3.umn 2 can eA No mitigatedby indicates thain tsuch a reduction roject to a smallto moderate impact, also cher not possible_ This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By IMPACT ON LAND Impact Impact Project Change 1. Will the proposed action result in a physical change to the projectNO ❑ YES Examples that would apply to column 2 ❑ ❑ OYES ❑ NO Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%.❑ ❑ OYES ❑ NO Construction on land where the depth to the water table is less than 3 feet. El OYES ❑ NO • Construction of paved parking area for 1,000 or more vehicles. ❑ ❑ OYES ❑ NO • Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. ❑ ❑ OYES ❑ NO Construction that will continue for more than 1 year or involve more than one phase or stage_ ❑ ❑ OYES ❑ NO • Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. ❑ ❑ ❑YES ❑ NO • Construction or expansion of a sanitary landfill. ❑ ❑ OYES ❑ NO • Construction in a designated floodway_ ❑ ❑ OYES ❑ NO Other impacts 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc_) NN0 ❑ YES ❑ ❑ OYES ❑ NO • Specific land forms: IMPACT ON WATER 3. Will proposed action affect body designated as protected? (Under Articles 15,24,25 of the Environmental Conservation Law, ECL) ENO ❑ YES Examples that would apply to column 2 • Developable area of site contains a protected water body. • Dredging more than 100 cubic yards of material from channel of a protected stream. • Extension of utility distribution facilities through a protected water body. • Construction in a designated freshwater or tidal wetland. • Other impacts: 4. Will proposed action affect any non -protected existing or new body. of water? ■ NO ❑ YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. • Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? ENO ❑ YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. • Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water supply system. • Proposed Action will adversely affect groundwater. • Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity_ • Proposed Action would use water in excess of 20,000 gallons per day. • Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: 6. Will proposed action alter drainage flow or patterns, or surface water runoff? ENO ❑ YES Examples that would apply to column 2 • Proposed Action would change flood water flows. • Proposed Action may cause substantial erosion. • Proposed Action is incompatible with existing drainage patterns. • Proposed Action will allow development in a designated floodway. • Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ O OYES ❑ NO ❑ ❑ OYES O NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES O NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES O NO ❑ ❑ OYES ❑ NO 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact impact Project Chan e IMPACT ON AIR 7. Will proposed action affect air quality? ONO ❑ YES Examples that would apply to column 2 ❑ ❑ OYES ❑ NO • Proposed Action will induce 1,000 or more vehicle trips in any given hour. • Proposed Action will result in the incineration of more than 1 ton of ❑ ❑ ❑YES ❑ NO refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a ❑ 13 ❑YES ❑ NO heat source producing more than 1 D million BTU's per hour. ❑ ❑ ❑YES [3NO • Proposed action will allow an increase in the amount of land committed to industrial use. industrial ._. OYES ❑ NO • -Proposed -action-will -allow-an-increase-in-the_density-of development within existing industrial areas. ❑ ❑ OYES ❑ NO • Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ONO ❑ YES Examples that would apply to column 2 ❑ D ❑YES ❑ NO • Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. D D OYES ❑ NO • Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ ❑YES ❑ NO • Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. ❑ ❑ OYES ❑ NO • Other impacts: 9. Will Proposed Action substantially affect non -threatened or non -endangered species? ONO ❑ YES Examples that would apply to column 2 ❑ ❑ OYES ❑ NO • .Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. D ❑ []YES ❑ NO • Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? ■ NO ❑ YES Examples that would apply to column 2 D ❑ DYES ❑ NO • The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc. ❑ D OYES ❑ NO • Construction activity would excavate or compact the .soil profile of agricultural land. • The proposed action would irreversibly convert more than 10 acres ❑ ❑ OYES ❑ NO of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. installation of agricultural ❑ ❑ OYES ❑ NO • The proposed action would disrupt or prevent land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g_ cause a farm field to drain poorly due to increased runoff) ❑ D OYES ❑ NO • Other impacts: IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? ONO ❑ YES (if necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project Components that will result in the elimination or significant screening of scenic views known to be important to the area. • Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? NNO ❑ YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to any facility or site listed on the State or National Register project site. • Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. • Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13, Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ■NO ❑ YES The permanent foreclosure of a future recreational opportunity. • A major reduction of an open space important to the community. • Other impacts: IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14(g)? ■NO ❑ YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 • Proposed Action to locate within the CEA? • Proposed Action will result in a reduction in the quantity of the resource? • Proposed Action will result in a reduction in the quality of the resource? • Proposed Action will impact the use, function or enjoyment of the resource? • Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ _ ❑ DYES ONO ❑ ❑ OYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ 0 DYES ❑ NO 0 0 DYES ❑ NO IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems?ONO C3 YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. • Proposed Action will result in major traffic problems. • Other impacts: IMPACT ON ENERGY 16. Will proposed action affect the community's sources of fuel or ❑ YES energy supply? Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. • Proposed Action will require -the creation -or -extension of an -energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: NOSE AND ODOR IMPACTS 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ■NO ❑ YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive facility. • Odors will occur routinely (more than one hour per day). • Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a noise screen. • Other impacts: IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety?. NO ❑ YES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of ri accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste_ • Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existirdgEl YES Examples that would apply to column 2 ■ • The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. • Proposed action will cause a change in the density of land use. Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community_ • Development will create a demand for additional community services (e.g.schools, police and fire, etc.)_ • Proposed Action will set an important precedent for future projects. Proposed Action will create or eliminate employment. • Other impacts: _ 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Imaact Im act Pro ect Chan e ❑ 13 DYES 13 NO I, ❑ DYES ❑ NO ❑ ❑YES ❑ NO ❑ ❑YES ❑ NO ❑ DYES ❑ NO ❑ DYES ❑ NO ❑ OYES ❑ NO ❑ DYES ❑ NO ❑ OYES ❑ NO ❑ DYES ❑ NO ❑ OYES ❑ NO ❑ DYES ❑ NO ❑ DYES ❑ NO ❑ OYES ❑ NO ❑ OYES ❑ NO ❑ DYES ❑ NO ❑ OYES ❑ NO ❑ DYES ❑ NO ❑ DYES ❑ NO ❑ DYES ❑ NO ❑ OYES ❑ NO ❑ DYES ❑ NO ❑ DYES ❑ NO ❑ DYES ❑ NO ❑ DYES ❑ NO in 20. Is there, or is there likely to be, public controversy related to Potential adverse environmental impacts? ENO ❑ YES J:IDOCS2\5001WappingerlWetlands\Chapter137. Wetlands.EAF.euk.doc ATTACHMENT FULL ENVIRONMENTAL ASSESSMENT FORM LOCAL LAW AMENDING CHAPTER 137, FRESHWATER WETLANDS' AND SECTIONS 122-20.0 AND 24€1-32.A OF THE TOWN OF WAPPINGER CODE ADDENDUM TO PART 1 OF EAF Part LA - Site Description The Proposed Action involves the adoption of a Local Law amending Chapter 13 Freshwater Wetlands, and Sections 122-20.0 and 240-32.A of the Town of Wappinger Town Code. The Proposed Action does not directly involve site-specific construction or development activity. Part 1 B - Project Description The Proposed Action does not directly involve site-specific construction or development activity. As a result, Part LB of this EAF is not applicable, except as noted therein with respect to Questions 424 and 425. Part I.D - Informational Details The purpose of the proposed Local Law is to amend Chapter 137, Freshwater Wetlands, and Sections 122-20.0 and 240-32.A of the Town of Wappinger Town Code to revise the existing regulations to clarify and update the Towns existing wetlands regulations and to sactivities on an residentially zoned lot which is 80;000 square feet exempt any proposed y or less in size and which contains an existing home. The proposed Local Law does not propose any construction or development activities for any site within. the Town of Wappinger, and will not result in any adverse environmental impacts. ADDENDUM TO PART 2 OF EAF The proposed local law is not expected to result in any adverse impacts on the environment. More specifically: The Proposed Action will not directly result in any physical changes to any properties. • The Proposed Action will not have a significant adverse environmental impact on any Critical Environmental Area (CEA). 12 • The Proposed Action will not have a significant adverse environmental impact on any unique or unusual land forms. • The Proposed Action will not have a significant adverse environmental impact on any water body designated as protected, but will enable such features to be better protected. • The Proposed Action will not have a significant adverse environmental impact on any non -protected existing or new body of water, but will enable such features to be better protected. • The Proposed Action will not have a significant adverse environmental impact on surface or groundwater quality or quantity, but rather, through the protection of wetlands and watercourses, will enable groundwater quality and quantity to be maintained and enhanced. • The Proposed Action will not have a significant adverse environmental impact on or alter drainage flows or patterns, or surface water runoff. • The Proposed Action will not have a significant adverse environmental impact on air quality - The Proposed Action will not have a significant adverse environmental impact on any non -threatened or non -endangered species, but rather, will help protect and preserve the wetland habitats used by many species. • The Proposed Action will not have a significant adverse environmental impact on any threatened or endangered species, but rather, will help protect and preserve the wetland habitats used by many species. • The Proposed Action will not have a significant adverse environmental impact on agricultural land resources. • The Proposed Action will not have a significant adverse environmental impact on aesthetic resources. • The Proposed Action will not have a significant adverse environmental impact on any site or structure of historic, prehistoric or paleontological importance. • The Proposed Action will not have a significant adverse environmental impact on the quantity or quality of existing or future open spaces or recreational opportunities. 13 The Proposed Action will not have a significant adverse environmental impact on • existing transportation systems. The Proposed Action will not have a significant adverse environmental impact on the • community's sources of fuel or energy supply. The Proposed Action will not have a significant adverse environmental impact as a • result of objectionable odors, noise or vibration. The Proposed- Action -will -not-have -a-significant.-adverse -environmental impact on the public health and safety. • The Proposed Action will not have a significant adverse environmental impact on the char3� rr of *?�e e s+.mg co mi;r I:\DM2\500\WaMnV:r\W diands"Vter137.EAFWacheukdoc 14 NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN ZONING CODE TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of Wappinger will conduct a Public Hearing on the 27`h day of June 2005, at 7:30 PM at the Town Hall, 20 Middlebush Road, Wappinger, 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 should amend Chapter 13 7 of the Town of Wappinger Town Code, which amendments consist chiefly of clarifying and updating the Town's existing wetlands regulations, as well as providing an exemption 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. Associated amendments to Sections 122-20.0 (Fees) and Seion 240Am led. PLEASE TAKE FURTHER NOTICE that 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"). PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearing to be held on the adoption of the proposed amendments. PLEASE TAKE FURTHER NOTICE that the full text of the draft proposed amendments will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: May 23, 2005 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Gloria Morse Town Clerk s:ldocm=t§Uocs2\500\wappinger\wetlands\wetlands.phn.lkb. doc