2016-220 2016-220
Resolution Introducing Local Law No. 5 Of The Year 2016, "Town Of Wappinger Code
Regulating The Administration And Enforcement Of The New York State Uniform Code
And Energy 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 August 8,
2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2016-220
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Seconder Q ❑ ❑ ❑
Michael Kuzmicz Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Fenton.
WHEREAS, the Town of Wappinger previously elected to locally enforce the provisions
of the New York State Uniform Fire Prevention and Building Code ("Uniform Code") and the
State Energy Conservation Construction Code ("Energy Code"); and
WHEREAS, on April 6,2016, the Department of State published in the New York State
Register a Notice of Adoption of Updated Provisions of the Uniform Code and Energy Code
which becomes effective October 6, 2016; and
WHEREAS, Part 1203 of Title 19 of the New York Code of Rules and Regulations set
forth certain minimum standards that that Town must follow and adopt in its Local Law to
enforce the Uniform Code and the Energy Code; and
WHEREAS, the New York State Department of State has amended certain provisions of
Title 19, Part 1203 of the New York Code of Rules and Regulations since the last Local Law was
adopted by the Town; and
WHEREAS, these changes to the Uniform Code, the Energy Code and the State
Regulations require the Town to supersede the prior local law regulating the subject matter with
a new Local Law; and
WHEREAS, the proposed action is a Type II action pursuant to Article 8 of the
Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and
pursuant to Chapter 117 of the Code of the Town of Wappinger (the Town's Environmental
Quality Review 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 introduces for adoption Local Law No. 5 of the Year
2016 in the form annexed hereto.
3. The Town Board determines that the enactment of the aforementioned Local Law
is a Type II action pursuant to Article 8 of the Environmental Conservation Law, Part 617
NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Code of the Town
of Wappinger (the Town's Environmental Quality Review Law) which establishes locally
designated Type I actions.
4. The Town Board hereby schedules a Public Hearing on the proposed adoption of
Local Law No. 5 of the Year 2016 to be held at Town Hall, 20 Middlebush Road, Wappingers
Falls, New York on the 12th day of September, 2016, 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.
5. The Town Board further directs the Town Clerk to act as follows with respect to
the proposed Local Law:
a. To serve a copy of this Resolution, the annexed proposed Local Law, and
the Public Hearing Notice to the municipal clerk of each abutting municipality not less
than ten (10) days prior to said public hearing.
b. To serve a copy of this Resolution and the annexed proposed Local Law to
the Dutchess County Department of Planning and Development for Advisory Review in
accordance with §239-m. of the General Municipal Law; and
C. To serve a copy of this Resolution and the annexed proposed Local Law,
and the Public Hearing Notice to the Town of Wappinger Planning Board for its review
and recommendation pursuant to §240-112 of the Zoning Code prior to said Public
Hearing.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: John J. Fenton, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
8/8/2016
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK