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Local Law 3 - 2018NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing Draft: 2-7-18 (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. 3 of the year 2018 A local law entitled "A Local Law for the Purpose of Amending Chapter 153, Junkyards, of the Town Code with Respect to a Fencing and Screening." Be it enacted by the TOWN BOARD of the 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.) LOCAL LAW No. 3 OF THE YEAR 2018 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This Local Law shall be known and cited as "Local Law No. 3 of 2018, for the Purpose of Amending Chapter 153, Junkyards, of the Town Code with Respect to Fencing and Screening." Section 2. Legislative Intent The Town Board believes that it is reasonable and appropriate to update and amend Chapter 153, Junkyards, of the Town Code with respect to fencing and screening. This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. Section 3. Amendments to Chapter 153, Junkyards Section 153-6.B shall be revised to read as follows: B. All materials dealt in by the licensee shall be kept within the premises of the property. The junkyard shall be entirely surrounded by a solid fence or a chain link fence with privacy slats of at least eight feet and no more than 12 feet in height. This fence shall be maintained in good condition and shall be supplemented by coniferous screening which is six to eight feet high at the time of planting. Both the fence and the conifers shall be approved by the Planning Board as adequate to provide appropriate screening for the adjoining property. All junkyard materials, equipment and structures shall be kept and maintained at least 100 feet from any residential boundary lines of adjacent and contiguous properties, except that crushing operations and equipment shall be located no closer than 400 feet from any such residential boundaries. Section 4. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 5. Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub- 2 sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 6. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section 7. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. J:\DOCS2\500\Wappinger\Code Amendments 2018\junkyards LL 2-7-18 clean.dhs.doc 3