Local Law 4 - 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. 4 of the year 2018
A local law entitled "A Local Law for the Purpose of Amending Chapter 137, Freshwater Wetland,
Waterbody and Watercourse Protection, of the Town Code with Respect to the
Demarcation of Wetlands and Wetland Buffers."
Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows:
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LOCAL LAW No. 4 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. 4 of 2018, for the Purpose of
Amending Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection, of the
Town Code with Respect to the Demarcation of Wetlands and Wetland Buffers."
Section 2. Legislative Intent
The Town Board believes that it is reasonable and appropriate to update and amend Chapter 137,
Freshwater Wetland, Waterbody and Watercourse Protection, of the Town Code with respect to
the demarcation of wetlands and wetland buffers. 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 137, Freshwater Wetland, Waterbody and
Watercourse Protection
Section 137-10.B(7) shall be revised to read as follows:
(7)
The permit shall require that all wetland and/or wetland buffer areas to be
permanently protected shall be physically demarcated in the field as deemed
appropriate by the Planning Board with the use of a boulder located every 40 feet
along the wetland buffer boundary; the Planning Board is however authorized to
consider alternatives to boulders where topography or distance of wetland from site
improvements will adequately protect the wetlands.
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-
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
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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.
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