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2016-105 2016-105 Order Establishing The Ridges At Old Hopewell Estates Drainage District 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 March 14, 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-2016-105 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale Mover Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli Seconder, Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Beale and seconded by Councilman Ciccarelli. WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for Ridges at Old Hopewell Estates Drainage District", dated November 19, 2015, last revised February 16, 2016, and relating to the establishment of the proposed drainage district, was prepared by Morris Associates Engineering & Surveying Consultants, PLLC, duly licensed civil engineers of the State of New York; and WHEREAS, the aforementioned Map, Plan and Report, has been duly filed with the Town Clerk and has been prepared in a manner and in such detail that this Town Board has determined that said Map, Plan and Report is in accordance with the requirements of Article XII of the Town Law; and WHEREAS, the properties to be included within the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT consist of those properties described in Exhibit "A-1" and "A-2" attached hereto and hereby incorporated herein; and WHEREAS, the improvements proposed consist of the construction, installation and maintenance of a stormwater drainage system and related improvements to serve the properties within said District in accordance with certain plans incorporated in the Map, Plan and Report, which is hereby approved and adopted by this Town Board and is now on file in the Office of the Town Clerk; and WHEREAS, LMD Property Holdings, LLC shall construct said drainage system and all improvements referenced in the Map, Plan and Report at its own expense, and once the drainage facilities and improvements have been properly constructed to the satisfaction of the Town, the drainage facilities and improvements shall be transferred to the Town of Wappinger and/or the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT, without any cost to the Town, and all costs and expenses occasioned by the creation of this District shall be borne by LMD Property Holdings, LLC; and WHEREAS, the improvements to be constructed for the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT shall be such facilities and related appurtenances, including but not limited to, the installation of catch basins and drainage lines varying from 6"-24" to serve the proposed subdivision as well as a detention pond with an outlet structure and connections in order to support the required stormwater facilities for proposed subdivision; and WHEREAS, the maintenance of all drainage easements and incidental improvements and the expenses in connection therewith is more fully described in the Map, Plan and Report above-described; and WHEREAS, following the aforementioned construction and dedication of the improvements to the Town, the cost of maintaining the District shall be assessed, levied, and collected from the several lots and parcels of land within said District in proportion to the benefit which each lot and parcel of land in said district will derive therefrom as set forth in the Map, Plan and Report; and WHEREAS, the Map, Plan and Report, including an estimate of costs has been prepared in such manner and in such detail as has theretofore been reviewed by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of the proposed Drainage District of the Town of Wappinger, Dutchess County, New York, to be known as the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT; and WHEREAS, the maximum estimated cost of said improvements to the Town and/or the District is zero ($0) dollars; and WHEREAS, there are no hook-up fees proposed to the typical property in the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT; and WHEREAS, the estimated cost to the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT for the first-year budget for operation and maintenance will be approximately One Thousand ($1,000.00) Dollars, resulting in a cost to the typical single-family residence of One Hundred Twenty-Five Dollars ($125.00)per lot, per year; and WHEREAS, a detailed explanation of the manner by which the computations for the estimated first-year cost to the typical property in the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT is contained within the aforesaid Map, Plan and Report which has been filed in the Office of the Town Clerk, where the same is available for examination during regular office hours by any person interested in the subject matter thereof, and WHEREAS, during the Planning Board review of the proposed subdivision, the Planning Board contemplated the creation of a Drainage District to operate the stormwater facilities to be constructed in connection with the proposed subdivision; and WHEREAS, the Town Board determined that the creation of this Drainage District is a Type II Action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617; and WHEREAS, an Order Calling a Public Hearing was duly adopted by this Town Board on February 22, 2016, reciting the filing of said Map, Plan and Report, the improvements proposed, the boundaries of the proposed District, the proposed method of financing, the fact that the Map, Plan and Report describing the same were on file in the Town Clerk's Office for public inspection, and stating all other matters required by law to be stated, and specifying March 14, 2016 as the date, at 7:30 p.m. of said day as the time, at the Town of Wappinger, Town Hall, 20 Middlebush Road, Wappingers Falls, New York as the place where this Town Board would meet and consider said Map, Plan and Report, and to hear all persons interested in the subject thereof, and to take such action therein as is required or authorized by law; and WHEREAS, such Order was duly published and posted as required by law and copies of such Order were duly mailed to Petitioners/homeowners of all properties in the proposed District, and proof of publication, posting and mailing has been duly presented to the Town Board; and WHEREAS, a public hearing on said matter was duly held by said Town Board on March 14, 2016 at 7:30 p.m. of said day as the time, in the Town of Wappinger, Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and no person appearing in opposition thereto, and LMD Property Holdings, LLC, appearing in favor of the Petition; and WHEREAS, pursuant to said Petition, it is the intention of LMD Property Holdings, LLC, to construct the improvements set forth in the Map, Plan and Report solely at its own cost and expense. NOW, AFTER DUE DELIBERATION, IT IS HEREBY ORDERED, DETERMINED AND RESOLVED AS FOLLOWS: 1. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2. The Notice of Public Hearing was published and posted as required by law, and is otherwise sufficient. 3. The Petitioners as 100% owner of the property were duly mailed a copy of the Notice of Public Hearing and proof thereof was submitted to the Town Board. 4. The Petition presented to this Board for the establishment of the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT was signed and acknowledged as required by law and was otherwise sufficient. 5. All the property and property owners within the proposed District are benefited thereby. 6. All the property and property owners benefited thereby are included within the limits of the proposed District. 7. There will be no hook-up fees for any of the properties within the District. 8. There will be no capital costs assessed to the properties within the District for the improvements proposed to be constructed. 9. The estimated cost to the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT for the first-year budget for operation and maintenance of the proposed improvements will be approximately One Thousand ($1,000.00) Dollars resulting in a cost to the typical single-family residence of One Hundred Twenty-Five ($125.00) Dollars per lot,per year. 10. A detailed explanation of the improvements to be made and the estimate of operation and maintenance charges have been included in the Map, Plan and Report which has been filed in the Office of the Town Clerk and the same has been made available during regular office hours for examination by any person interested in the matter thereof. 11. It is in the public interest to establish the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT. BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the establishment of the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT in the Town of Wappinger, Dutchess County, New York, and the improvements therein, as more fully described above and in the aforementioned Map, Plan and Report is hereby approved and established and said Drainage District shall be bounded and described as set forth in Exhibit "A- 1" and "A-2" attached to the Petition; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the improvements for the said Drainage District as set forth in the Map, Plan and Report are to be constructed by LMD Property Holdings, LLC, wholly at its own expense, and has agreed to convey such improvements to the Town and/or the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT without cost to the Town of Wappinger, free and clear of any liens or encumbrances; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that once the drainage improvements as set forth in the Map, Plan and Report have been constructed by LMD Property Holdings, LLC, and turned over to the Town, the cost for maintaining the District shall be assessed, levied and collected from the several lots and parcels of land within the said District in proportion to the benefit which each lot or parcel of land in said District will derive therefrom as set forth in the Map, Plan and Report; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the Town of Wappinger shall be reimbursed by LMD Property Holdings, LLC, for any fees or expenses paid in furtherance of commissioning the preparation of the Map, Plan and Report or in the formation of this District; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the Town Clerk be, and hereby is, authorized and directed to file a certified copy of this Order in the Office of the Town Clerk of the County of Dutchess, which is the County in which the said Town of Wappinger is located, and another certified copy in the Office of the State Department of Audit and Control, within ten (10) days after the adoption of this Order, pursuant to §195 of the Town Law. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Dated: Wappingers Falls, New York 3/14/2016 The Resolution is hereby duly declared Adopted. JOSS P P. PAOLONI, TOWN CLERK