2014-1352014-135
Resolution Introducing "Local Law No. _ Of The Year 2014, Amending Chapter 133 Of
The Town Code Known As Flood Damage Prevention"
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 Apri128,
2014.
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 Councilwoman Czarniecki and seconded by
Councilman Kuzmicz.
WHEREAS, the Town of Wappinger adopted Local Law #3 of 2012 which created a
Chapter in the Town Code entitled "Flood Damage Prevention"; and
WHEREAS, the New York State Department of Environmental Conservation, Division
of Water, Bureau of Flood Protection and Dam Safety, have notified the Town that the Flood
Insurance Rate Map (FIRM) map panel numbers have been recently revised; and
WHEREAS, this Local Law is intended to amend Chapter 133-6. Basis for Establishing
Areas of Special Flood Hazard in order to comply with the request of the New York State
Department of Environmental Conservation, Division of Water, Bureau of Flood Protection and
Dam Safety and the revisions to the Flood Insurance Rate Map (FIRM) map panel numbers; and
WHEREAS, this is a Type II action pursuant to 6 NYCRR § 617.5(c)(20) and is
otherwise exempt from environmental review pursuant to the New York State Environmental
Quality Review Act ("SEQRA") and Local Law No. 6 of 1992 of the Town of Wappinger
("WEQRA").
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 introduces for adoption Local Law No. of the Year
2014 in the form annexed hereto.
3. The Town Board hereby determines that the enactment of the aforementioned
Local Law is a Type II action as defined in 6 NYCRR § 617.5(c)(20) and,
accordingly, the Town Board hereby expressly determines that this action is not
an action that requires review pursuant to the provisions of New York State
Environmental Quality Review Act ("SEQRA") or pursuant to Local Law No. 6
of 1992 of the Town of Wappinger ("WEQRA").
4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of
Local Law No. of the Year 2014 to be held at Town Hall, 20 Middlebush
Road, Wappingers Falls, New York on the 27th day of May 2014, 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
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
4/28/2014
The Resolution is hereby dul declared adopted.
;;
J SEPH P. PAOLO ,TOWN CLERK
LOCAL LAW NO. OF THE YEAR 2014
A Local Law entitled "Local Law No
of the Year 2014, Amending Chapter 133 of the
Town Code known as Flood Damage Prevention."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title:
This Local Law shall be known and cited as Town of Wappinger, "Local Law No.
of the Year 2014, Amending Chapter 133 of the Town Code known as Flood Damage
Prevention."
Section II: Legislative Intent:
The purpose of this Local Law is to amend the Flood Insurance Rate Map (FIRM) map
panel numbers as required by the New York State Department of Environmental Conservation,
Division of Water, Bureau of Flood Protection and Dam Safety.
Section III: Amendments to Chanter 133: "Flood Damage Prevention":
Section 133-6 entitled "Basis for Establishing Areas of Special Flood Hazard" is
hereby amended as follows:
"§ 133-6. Basis for Establishing Areas of Special Flood Hazard.
The areas of special flood hazard for the Town of Wappinger, Community
Number 361387, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
(1) Flood Insurance Rate Map Panel Numbers:
36027C0369E, 36027C0388E, 36027C0389E, 36027C0393E,
36027C0453E, 36027C0454E, 36027C0456E, 36027C0457E,
36027C0458E, 36027C0459E, 36027C0461E, 36027C0462E,
36027C0466E, 36027C0467E, 36027C0476E, 36027C0477E,
36027C0478E, 36027C0481E, 36027C0486E
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whose effective date is May 2, 2012, and any subsequent revisions to
these map panels that do not affect areas under our community's
jurisdiction.
(2) A scientific and engineering report entitled "Flood Insurance Study,
Dutchess County, New York, All Jurisdictions, dated May 2, 2012.
(3) Letter of Map Revision, Case Number 13-02-1873P, effective April 2,
2014, amending Panels 36027C0478E and 36027C0486E of the Flood
Insurance Rate Map.
(4) The above documents are hereby adopted and declared to be a part of
this Chapter. The Flood Insurance Study and/or maps are on file at the
Office of the Town Clerk, Town of Wappinger, Town Hall, 20
Middlebush Road, Wappingers Falls, NY 12590.
Section IV: Reconfirmation and Ratification:
Except as herein modified and amended, Local Law No. 3 of the Year 2012, Creating
Chapter 133 of the Town Code, "Flood Damage Prevention" is hereby ratified and reconfirmed.
Section V: NumberinE 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 to accomplish such intention;
the Codifier shall make no substantive changes to this Local 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 effect the validity of this Local Law or
the provisions of the Code effected thereby.
Section VI: 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
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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 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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