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2004-06-09 RGMSUPERVISOR JOSEPH RUGGIERO Call to Order Roll Call, Salute to Flag TOWN OF WAPPINGER SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-2744 FAX: (845) 297-4558 Wednesday, June 9, 2004 6:30pm Wappinger Town Hall AGENDA Suspension of Rules for Public Comment on Agenda Items TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI Public Hearing: • Public Hearing for Local Law Amending Tenancy Terms for Water and Sewer Districts of Improvement Areas • Public Hearing for Local Law Amending Town Code for Permits and Approval and Conformity Required Discussion: • Family Equestrian Center Resolutions: 2004-189 Resolution Authorizing Extension of Real Properly Tax Collection for Persons Deployed by the Military 2004-191 Resolution Adopting Local Law Amending Tenancy Terms for Water and Sewer Districts or Improvement Areas 2004-192 Resolution Adopting Local Law to Amend Town Code for Permits and Approval and Conformity Required 2004-193 Resolution Granting License for Family Equestrian Center 2004-194 Resolution Setting Public Hearing for Keenan Acres Drainage District 2004-195 Resolution Creating Position of Part-time Deputy Building Inspector 2004-196 Hold 2004-197 Resolution Adopting Town Board Summer Schedule New Business/Comments Adjournment 06/09/2004.PH A Public Hearing was held by the Town Board of the Town of Wappinger on June 9, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law Amending Tenancy Terms for Water and Sewer Districts of Improvement Areas. Supervisor Ruggiero opened the meeting at 6:40 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero wished to know if there were any questions or comments from the audience. There were none. Councilwoman McCarthy moved to close the Public Hearing seconded by Councilman Paoloni and unanimously carried. The Public Hearing closed at 6:41 p.m. Gloria J. se Town C SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 A--Ff zcI4EXWit C> -F Pu b1 imatzCD, n To: WAPPINGERS FALLS, TOWN P.O. BOK 324 WAPPINGERS FALLS, NY 12590 Vl Re: Legal notice #63147 State of NEW YORK } } SS. County of DUTCHESS } I, TINA HEATH, being duly sworn, depose and say. that I am the BOOKKEEPER of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that. a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 05/26/04. Sworn to before me this 1st day of June, 2004 C _ _ NI EN Public,w V ALBERT K NOTARY PUBLIC, STATE OF NEW YORK QUALIFIES IN DUTCHESS COUNTY Expas 7J U N 15 2007 CG6MIIS310N EXPlflEB d Poughkeepsie 3ournat Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION PUBLIC TOWN OF NOTICE . IS H GIVEN that the Town _. af- iii ea� Town ' ideal Board of the of Wappinger will conduct a PUBLIC HEARING on the propose of the Year 2004 are avail - able for review end In. 9th day of June, 2004, at spectlon at the ONice" of Clerk on 8:30 p.m. at the Town Miall, Town of Wappingep; 20 the Town weekdeye from 8:30;6.03 Middlebush ;Road, Wap- pingere Falle; New York,i at to 4:00 p.m., at the' Town ; Hall, 20 Middlebush;floed; which time all parties in Wappingers Falls, New interest and citizens shall have an opportunity to be York. Dated: May 24;3004 x: heard as ti) whether,the Town Board of tie- oWh' of Wappinger shelf `edopf gy Qrderofthgg Town Bgard gtttle ToVyn of Wdpp�n�eF a Local Lavw G40RIAJ.MVR CC ; proposed , which will[ authorize;` an I Town Clerk charge on ae well 0290 State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year in the city of Poughkeepsie, Dutchess County, New York, and that the one xe NOTJC E as duly published in the said newspaper for weeks successively, in each week, commencing on the day of 2004_ and on the following dates thereafter, namely on: And ending on the day of 2004 ,both days inclusive. Subscribed and sworn to before me this day of 12004 My commission expires Notary Public DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDMENT TO TENANCY TERMS FOR WATER AND SEWER DISTRICTS OR IMPROVEMENT AREAS STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: That she is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on May 25, 2004, your deponent posted a copy of the attached notice of Public Hearing on the sign board maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. GLORIA J. M Town Clerk C Town of Want Sworn t b fore me theo?7" day of 2004 ARIA GILBRIDE ? Notary Pvblic, State of New YbtU Reg. No. OIG15087374 Qualified in Dutchpss Cou Commission Expires Nov. 3, 06/09/2004.PH A Public Hearing was held by the Town Board of the Town of Wappinger on June 9, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law Amending Town Code for Permits and Approval & Conformity Required. Supervisor Ruggiero opened the meeting at 6:41 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero wished to know if there were any questions or comments from the audience. There were none. Councilwoman McCarthy moved to close the Public Hearing seconded by Councilman Paoloni and unanimously carried. The Public Hearing closed at 6:42 p.m. YJ GlorTow SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 A-F-Fzc!awzt c> -F P'"b1z4--atJL. csn To. WAPPINGERS FALLS, TOWN P.O. BOX 324 WAPPINGERS FALLS, NY 12590 s j Re= Legal notice #63146 State of NEW YORK } } SS. County of DUTCHESS } I, TINA HEATH, being duly sworn, depose and say= that I am the BOOKKEEPER of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and thata notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 05/26/04. Sworn to before me this 1st day of June, Notary Public ALBERT M. OVEN NOTARY PUBLIC, STAFE OF NEW YORK QUALIFIES IN SlJTCHESS COUNTY r # 14-8240760 COMMISSION EXPIRES JUN 1.l 2007 0290 Poughkecpsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION f of 3:30 p.m. at the Tc town- of Wappic Middlebush Roac N ihch times,eNep htereat and cltizc hays an Opportun heard as to whe Town Board of t of Wappinger ah, a proposed Loi which will amer Code 0208-8 "Pec 0240.83 "Appro conformsry regwred", PLEASE TAKE NOTICE that the the proposed U shall provide that In g or. site dl shell be oermitt site development as to ensure the bances to the Ian considered In co with, and not dently of, the pi tura use and dev of property. PLEASE TAKE NOTICE that th tion Lew, Part 81 (SECIRA) and pu Local Lew 8. of, hes determined l are no adverse mental Impacts with the adoptic Locai'Law, and Board has issue ative Determin Significance for ' sect. State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at I the several times hereinafter mentioned she was and still is 4EREeY the Principal Clerk of the Poughkeepsie Newspapers Division .Town wn of of Gannett Satellite Information Network, Inc., publisher of rduct e on 'the the POUGHKEEPSIE JOURNAL, a newspaper printed and !004, at vn Han, published every day in the year in the city of jar, 20 ap-f Poughkeepsie, Dutchess County, New York, and that the York, at is sin nnexed NOTICE was dui published in the said newspaper :a anan:.� �ne insertion y p n Fane for weeks successively, in each week, commencing a Town I adopt on the 27th day of r1=4 L'aw,. I'.Towna� May iit@; and',, r1 end.=; 2004 and on the following dates o f tem, thereafter, namely on: o :al ;tew'r id grad-" urbance d"'other' nefami- (h con - approval plan so t clIstur- I Will be ilunotion Indppen- opsr Lfu rlopment: And ending on the_ day of URTHER Ne dT, ens , 2004 ,both days inclusive. oca¢ Law tion pur- 8 `pf the ;oheerva 7 NYCRR rsuent to 1992, and het there Subscribed and sworn to before me this epylron• n89 -line day of , 2004 the "Town d aAeg- atioq. of this., F�0' FURTHER Notary Public Aes_of the Low Np. ale fan to tion pt tha; owh clerk My commission expires a.m. to 4:00 p.m., at the Town Hall, 20 Mlddlebush Road, Wappingers .Fells, ;.New York. �;Qatet May 24, X004 By Orderof the Town Boetd of ttia Nn WPM DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING THE TOWN CODE, SECTION 206-8, PERMITS AND SECTION 240-83, APPROVAL AND CONFORITY REQUIRED STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: That she is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York.That on May 25, 2004, your deponent posted a copy of the attached notice of Public Hearing on the sign board maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Q GLORIA J. #SE Town Cler Town of Wappinger Sworn to b fore me the day of 2004 Notary Pvblic, State of N York Rep. No. OIG15087374 Qualified in Dutchpss Coun Commission Expires Nov. 3, 06/09/2004.WS A Meeting of the Town Board of the Town of Wappinger was held on June 9, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 6:40 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Supervisor Ruggiero announced, due to the passing of former President Ronald Reagan, there will be a national day of mourning on Friday, and most government offices have been ordered to close including the Town Hall and Post Office. SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS. Councilman Bettina moved to suspend the Rules for Public Comment on agenda items, seconded by Councilwoman McCarthy and unanimously carried. • Public Hearing for Local Law Amending Tenancy Terms for Water and Sewer Districts of Improvement Areas. • Public Hearing for Local Law Amending Town Code for Permits and Approval and Conformity Required. DISCUSSION: • Part Time Deputy Building Inspector- Supervisor Ruggiero explained that there is on tonight's meeting, a Resolution for the boards approval, of a seasonal part time Deputy Building Inspector to assist with the work load in the Building Department. The Deputy would be required to work one day a week for the remainder of the year in order to assist with the work load in that office. Discussion followed. • Family Equestrian Center- Supervisor Ruggiero announced that the Family Equestrian wish to relocate to Carnwath Farms. This is an existing program that was located in another community and the property has since been sold to become a shopping center. If they do not relocate, the Equestrian Center would cease to exist. Because time is of the essence, they must get a license and under state law we can't lease any property, but we can issue them a license. They would E 06/09/2004.WS like the town to set aside 5 or six acres, at no cost to the town and they would put up temporary fencing for a corral. We have received a $6K from Greenway that we can use for fencing at Carnwath. We also have a trail grant for $16K that we have not spent yet, because we have not developed a trail plan. Now we can move forward because of this program. There would be no outlay to the town because they are a self sustaining program and they raise all their own money through many donations and grants. Larry Pariseau, President of the facility, explained that this program provides equine assisted psycho therapy, whereby children and there parents use horses as a means of therapy. This is a strictly voluntary basis, and would be open year round. Councilman Valdati wished to know how the Center would be funded and what financial impact this would have on the town. He was told that there would be no financial impact on the town and most of the funds are solicited through contributions and grants. The program would be open to all, and certain programs would have fees. Discussion followed RESOLUTION NO. 2004-193-A RESOLUTION GRANTING LICENSE TO THE FAMILY EQUESTRIAN CENTER, INC. TO AUTHORIZE PROPERTY BEAUTIFICATION AND EQUESTRAIN ACTIVITIES AT CARNWATH ESTATE The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. WHEREAS, the Town of Wappinger owns a 99.5 acre estate located on Wheeler Hill Road in the Town previously known as the "Greystone Estate" and now known as the "Carnwath Estate"; and WHEREAS, the property consists of approximately 99.5 acres of land, portions of which are improved by a 19th century mansion, a dormitory building, a large chapel, a carriage house and other related buildings and detached structures; and WHEREAS, the Carnwath Estate has historically had a strong affiliation with horse raising and training, particularly for horses used for pulling carriages and parading with carriages; and WHEREAS, the Town has previously contracted with J. Kenneth Fraser & Associates, P.E., L.S., L.A., P.C. (hereinafter "Fraser") to prepare a comprehensive master plan for the development of this estate; and 2 06/09/2004.WS WHEREAS, the Town has previously made application to the Dutchess County Open Space and Farmland Protection Matching Grant Fund for a grant to assist in defraying the costs of the purchase of this property; and WHEREAS, the Town has agreed to impose a Conservation Easement on a portion of the Carnwath Estate; and WHEREAS, The Family Equestrian Center, Inc. (hereinafter the "Center") has agreed to provide property beautification in connection with equestrian activities as part of a program to provide instruction and community enrichment in matters relating to horses and the historical heritage of horses at the Carnwath Estate; and WHEREAS, the proposal submitted by the Center is consistent with the Conservation Easement proposed to be indexed against the Carnwath Estate as well as the master plan of the property as proposed by Fraser; and WHEREAS, the Town Board determines that the proposal submitted by the Center is consistent with the heritage of the site, the best uses of the property and in the best interests of the residents of the Town of Wappinger; and WHEREAS, the Town Board has determined that the proposed action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as SEQRA) and pursuant to Local Law No. 6 of 1992 (the Town's Environmental Quality Review Law); and WHEREAS, the Town Board has determined that the proposed Resolution is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the only Involved Agency, and is the Lead Agency for this action. WHEREAS, the Town Board has determined that there are no adverse environmental impacts associated with the adoption of this Resolution and hereby issues a Negative Declaration of Significance, and the Town Clerk is directed to file the Declaration as provided by law. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes and grants a revocable license to The Family Equestrian Center, Inc. to use portions of the Carnwath Estate to provide an equestrian program, activities, and instructions in horse handling and related equestrian activities consistent with the historical nature of the Carnwath Estate and its affiliation with horses. 3. The terms of the license are as follows: 3 06/09/2004.WS (a) the Town may terminate the license agreement upon 90 days notice by delivering by mail or personal service to the Center at their offices presently located at 27 Fishkill Hook Road, Hopewell Junction, New York 12533, or at such other place as may be designated in writing by the Center; (b) the Center will restore and/or repair, at its own costs and expense, any damage or disturbance to the Carnwath Estate occasioned by the use of the property pursuant to the license agreement; (c) all activities shall be open to all members of the public and any fees, if any, charged for any activities must be approved by the Town Board in advance of collecting any fees for such activity or program; (d) the Center shall take out and maintain during the life of this license agreement such liability and property damage insurance that shall protect the Town from claims for damages for personal injury, including accidental death, as well as for claims for property damage, which may arise from any activities conducted pursuant to the license agreement, and the amounts of such insurance shall be a single limit policy in the amount of at least $1 million dollars for bodily injury and property damage liability claims, public liability insurance, blanket contractual liability, broad form property damage liability, and fire legal liability; such policy shall also name the Town as an additional insured in said policy; (e) the Center shall indemnify and otherwise reimburse the Town for any and all damages or injuries to any real property or personal property of the Town that may arise, directly or indirectly, from the negligence, acts or omissions of the Center, its officers, members, contractors, agents or employees; (f) the Center agrees to defend, indemnify and save harmless the Town from any and all suits, actions or causes of action of every kind, nature and description brought against the Town for or on account of any injuries or damages received or sustained by any party or parties by or from the negligence of the Center, its officers, members, contractors, agents or employees; 4 06/09/2004.WS (g) the revocable license agreement shall also authorize the Center to use the carriage house at the Carnwath Estate to construct corrals, paddocks, storage facilities and shelters for the keeping of up to 12 horses, all in accordance with a proposal submitted to the Town Board dated June 7, 2004, a copy of which is attached hereto marked and designated Exhibit "A"; and (h) the exact areas to be used by the Center for the keeping, raising, pasturing and sheltering of the horses and for the storage of related materials and equipment shall be designated at a future time upon mutual agreement of the Town and the Center which shall be incorporated in the license agreement hereinafter referenced. 4. The Town Board expressly determines that the revocable license authorized and granted herein: (i) is not a conveyance of real property; 0) is not intended to grant or convey to the Center the exclusive use of the land in which the equestrian activities are to be conducted or located; (k) is subject to grants, conveyances, easements and right of ways heretofore made to others; and (1) is subject to the rights, which the Town hereby reserves, of the Town to: i. use and enjoy the lands within the boundaries of the property to be used in any manner that does not unreasonably interfere with the rights herein of the Center; and ii. grant and convey easements or right of ways and uses to others, over, across and through the lands within the lands to be used by the Center. 4. Albert P. Roberts, Attorney to the Town, is hereby directed to draft a revocable license agreement to be executed by The Family Equestrian Center, Inc., and the Town, consistent with the terms and conditions as stated in this Resolution and upon terms that are mutually acceptable to the parties. 5. The Town Board has reviewed the Proposed Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (SEQRA) and pursuant to Local Law 6 of 1992, and hereby determines that there are no adverse environmental impacts associated with the 5 06/09/2004.WS adoption of this Resolution, and hereby issues a Negative Declaration of Significance for this project. 6. The Town Clerk is hereby directed to file the Negative Declaration of Significance as provided by law. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Councilman Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-189 RESOLUTION AUTHORIZING EXTENSION OF REAL PROPERTY TAX COLLECTION FOR PERSONS DEPLOYED BY THE AHLITARY The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati WHEREAS, it has come to the attention of the Town Board that the New York Legislature, pursuant to §925-d of the Real Property Tax Law enacted by Chapter 106 of the Laws of 2003, authorizes municipalities by adoption of a resolution to defer real property tax collection to persons deployed by the military, provided they meet certain eligibility requirements; and WHEREAS, the text of §925-d containing the aforesaid eligibility requirements is as follows: "§925-d. Deployed military; extension Notwithstanding any other provision of law which relates to the collection of real property tax owed to a municipal corporation or to the imposition of penalties or interest therefore for a late payment owed by a person who has been deployed by the military or by the spouse or domestic partner of such person for real property of a person so deployed, any deadline with respect to the payment of such real property tax shall be extended for a period of ninety days after the end of such deployment if such municipal corporation has passed a local resolution authorizing such extension. For purposes of this section a "person deployed by the military" shall mean a person who has been ordered to active military duty, other than training, for the period beginning with a declaration of war by Congress and ending with date prescribed by Presidential proclamation or concurrent resolution of Congress or during any periods of combat designated by presidential executive order or hazardous duty. Any payment on behalf of such deployed person, spouse, or domestic partner from a real property tax escrow account shall likewise be so extended consistent with the provisions of this section." r 06/09/2004.WS 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 Review Act (SEQRA). NOW, THEREFORE, BE IT RESOLVED, as follows: 2. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 3. The Town Board hereby determines that this 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 Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (17). 4. The Town Board hereby resolves to authorize an extension of Real Property Tax Collection for persons deployed by the military pursuant to §925-d of the Real Property Tax Law, enacted by Chapter 106 of the Laws of 2003, a copy of which is annexed hereto. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Councilman Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-191 RESOLUTION TO AUTHORIZE THE ADOPTION OF "LOCAL LAW NO. #7 OF THE YEAR 2004 AMENDMENT TO TENANCY TERMS FOR WATER AND SEWER DISTRICTS OF IMPROEMENTS AREAS" The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. #7 of the Year 2004 Amendment to Tenancy Terms for Water Sewer Districts or Improvement Areas" for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News, the official news paper of the Town, and the Poughkeepsie Journal; and WHEREAS, a Public Hearing was held on June 9, 2004 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law was not subject to environmental review, and 7 06/09/2004.WS WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local 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 of the Town of Wappinger hereby adopts the Local Law entitled "Local Law No. #7 of the Year 2004 Amendment to Tenancy Terms for Water And Sewer Districts or Improvements Areas", a copy of which hereto and made a part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Councilman Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 192 -2004 RESOLUTION ADOPTING LOCAL LAW NO. 200448 AMENDING TOWN CODE §206-8 "PERMITS" and §240-83 "APPROVAL AND CONFORMITY REQUIRED" The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. #8 2004 Amending Town Code §206-8 `Permits' and `Approval and Conformity Required"' for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal; and WHEREAS, a Public Hearing was held on June 9, 2004 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and 06/09/2004.WS WHEREAS, the Town Board determined that the proposed Local Law was subject to environmental review and issued a Negative Declaration of Significance; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local 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 of the Town of Wappinger hereby adopts the Local Law entitled "Local Law No. #8 -2004 Amending Town Code §206-8 `Permits' and `Approval and Conformity Required"', a copy of which is attached hereto and made a part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Councilman Voting Aye Robert Valdati, Councilman Voting Aye r Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-194 RESOLUTION SETING PUBLIC HEARING FOR KEENAN ACRES DRAINAGE The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, written Petitions dated April 21, 2004, executed by Mid -Hudson Holdings, LLC as well as Nicolas J. Romano and Deana Romano have been presented to and filed with the Town Board of the Town of Wappinger, New York requesting the approval of a drainage district to be known as the "KEENAN ACRES DRAINAGE DISTRICT", which is more particularly described in the attached Map, Plan and Report; and WHEREAS, the Petitions that have been executed by Mid -Hudson Holdings, LLC and Nicolas J. Romano and Deana Romano, represent the owners of 100% of the property contained in the proposed drainage district; and 9 06/09/2004.WS WHEREAS, the properties to be included within the KEENAN ACRES DRAINAGE DISTRICT consist of those properties described in Exhibit "A" attached hereto and hereby incorporated herein; and WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for the Keenan Acres Stormwater Maintenance District", dated May 24, 2004 and relating to the establishment of the proposed drainage district, was prepared by Paggi, Martin & Del Bene, LLP, 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 12 of the Town Law; and WHEREAS, the improvements proposed consist of the construction and maintenance of a drainage system to serve said district in accordance with certain plans incorporated in the Map, Plan and Report and which is hereby adopted by this Town Board and is now on file in the office of the Town Clerk; and WHEREAS, it is the intention of Petitioner Mid -Hudson Holdings, LLC to construct said drainage system at its own expense and upon completion to transfer said drainage system to the Town of Wappinger, without any consideration, and all costs and expenses occasioned by the creation of this District shall be borne by the Petitioner, Mid Hudson Holdings, LLC; and WHEREAS, Mid -Hudson Holdings, LLC shall install all improvements referenced in the Map, Plan & Report and dedicate same to the District upon completion thereof; and WHEREAS, the improvements to be constructed for the KEENAN ACRES DRAINAGE DISTRICT shall consist of 26 catch basins, 4 detention pond reservoirs, 1 swale along the eastern boundary line, 20 L.F. of 15" HDPE pipe, 1508 L.F. of 18" HDPE pipe, 70 L.F. of 24" HPDE pipe, associated end sections, existing wetlands, rip -rap inlet and outlet protection, and 21' of 28" CMP culvert; and WHEREAS, the maintenance of all drainage easements and incidental improvements and expenses in connection therewith is more fully described in the Map, Plan and Report hereinbefore described; and WHEREAS, following the aforementioned Petitioner's construction and dedication of the improvements to the Town, the cost of and for maintaining the District shall be assessed, levied, and collected from the several lots and parcels of land within said district in proportion as may be to the benefit which each lot and parcel of land in said district will derive there from; and 10 06/09/2004.WS WHEREAS, the Map, Plan and Report, including an estimate of cost have been prepared in such manner and in such detail as has theretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of a proposed Drainage District of the Town of Wappinger, Dutchess County, New York, to be known as the KEENAN ACRES DRAINAGE DISTRICT; and WHEREAS, the maximum estimated cost of said improvements to the Town is $0; and WHEREAS, there are no hook-up fees proposed to the typical property in the KEENAN ACRES DRAINAGE DISTRICT; and WHEREAS, the estimated cost of the KEENAN ACRES DRAINAGE DISTRICT for the first year budget will be approximately $3,600.00, resulting in a cost to the typical property therein, equally divided among eighteen (18) lots, of Two Hundred Dollars ($200) per lot; and WHEREAS, a detailed explanation of the manner by which the computations for the estimated first-year costs to the typical property in the KEENAN ACRES 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 during regular office hours for examination by any person interested in the subject manner thereof; and WHEREAS, the Town Board determines 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 Park 617; and WHEREAS, it is now desired to call a public hearing upon the question of the establishment of the KEENAN ACRES DRAINAGE DISTRICT, all pursuant to §209-d of the Town Law. NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York as follows: 1. Recitations Incorporated. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2. Public Hearing. The Town Board hereby determines that a meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, in said Town, on the 28th day of June, 2004 at 7:30 P.M., prevailing time, for the purpose of holding a Public Hearing to consider the 11 06/09/2004.WS establishment of the KEENAN ACRES DRAINAGE DISTRICT described in the preambles hereof and to consider the Map, Plan and Report filed in relation thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or shall be proper in the premises. 3. Posting. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published once in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign -board of the Town maintained pursuant to Subdivision 6 of Section 30 of the Town Law and to send, by first class mail, a copy thereof to each owner of taxable real property within the proposed KEENAN ACRES DRAINAGE DISTRICT, as shown upon the latest completed assessment role of the Town, each not less than ten nor more than twenty days before the day set for the hearing as aforesaid. 4. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Councilman Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution was thereupon declared duly adopted. RESOLUTION NO. 2004-195 RESOLUTION CREATING THE POSITION OF PART-TIME DEPUTY BUILDING INSPECTOR The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy WHEREAS, the Town Board wishes to create the new position of Part-time Deputy Building Inspector, and WHEREAS, the position will pay a salary of Grade 7, Step 1 with pay at $16.91 per hour, and WHEREAS, the duties of the Part-time Deputy Building Inspector will include: • Review and approve or disapprove plans and specifications submitted for building permits • Inspect building and structures in the process of construction or repair for compliance with approved plans `m 06/09/2004.WS and specifications and all requirements of applicable ordinances and laws • Issue Building Permits • Check permit applications for compliance with zoning ordinances • Inspect piping, traps, fixtures and drainage • Interact with the public • Inspect buildings which contain combustible or ignitable substances. • Inspect existing structures • Order unsafe conditions in existing buildings to be removed, and arrange condemnation • Monitor buildings and structures during construction • Investigate complaints and assists in prosecuting violations • Maintains records of acts and decisions NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby creates the position of Part-time Deputy Building Inspector which will pay a salary of Grade 7, Step 1 with pay at $16.91 per hour with job duties that will include: • Review and approve or disapprove plans and specifications submitted for building permits • Inspect building and structures in the process of construction or repair for compliance with approved plans and specifications and all requirements of applicable ordinances and laws • Issue Building Permits • Check permit applications for compliance with zoning ordinances • Inspect piping, traps, fixtures and drainage • Interact with the public • Inspect buildings which contain combustible or ignitable substances. • Inspect existing structures • Order unsafe conditions in existing buildings to be removed, and arrange condemnation • Monitor buildings and structures during construction • Investigate complaints and assists in prosecuting violations 13 06/09/2004.WS • Maintains records of acts and decisions The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Councilman Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution was thereupon declared duly adopted. RESOLUTION NO. 2004-197 RESOLUTION AMENDING TOWN BOARD SCHEDULE OF MEETINGS The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, the Town Board has heretofore established a Schedule of Town Board Meetings for Calendar Year 2004; and WHEREAS, the Town Board scheduled meetings for the second and fourth Monday of every month, and WHEREAS, due to summer vacation schedules and other commitments, several of the Town Board Members have requested that the Schedule of Town Board Meetings for the months of July and August be amended. 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 Meetings scheduled for July 12, 2004 at 7:30 p.m., August 9, 2004, and August 23, 2004 at 7:30 p.m. are hereby cancelled. 3. Two (2) new Town Board Meetings are hereby scheduled for July 26, 2004 at 7:30 p.m. and August 30, 2004 at 7:30 p.m. at Town Hall. 4. The Town Clerk is hereby directed to publish the new dates of the Board meetings. 5. The regularly scheduled Town Board Meetings heretofore established by the Town Board shall be resumed commencing with the September 13, 2004 Town Board Meeting. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Councilman Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution was thereupon declared duly adopted. There was no further business to come before the Board. 14 I 06/09/2004.WS Councilman Bettina moved to close the meeting seconded by Councilwoman McCarthy and unanimously carried. The meeting adjourned at 7:30 p.m. 9 Gloria orse Town erk 15 Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 (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. KW of --- Wappinge----- r Town--------------------------------------------------------- Local Law No. ------------- #?____________________ of the year 20-Q_4_ A local law __ entitled "Local Law_ No. _ of the_ Year_ 2004.. -y to__�enancy Terms (Lueit Title) __ for _Water _and_ Sewer_ Districts_ or__Jjnprov_ep►ent_AreaN------------------------- Be______________________ Be it enacted by the ---------- Its__$gard-------------------------------------------------------------- of the (Name ofLelWative Body) of --- Wappinger---------------------- -------------------------------------- --------- as follows: Town TEXT COM IENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 11/99) (1) LOCAL LAW NO. # OF THE YEAR 2004 AMENDMENT A Local Law entitled "Local Law No. #7 of the Year 2004 Amendment to Tenancy Terms for Water and Sewer Districts or Improvement Areas." 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. #7 of the Year 2004 Amendment to Tenancy Terms for Water and Sewer Districts or Improvement Areas", which shall establish a new Article II, Chapter 236 "Water and Sewer Charges" of the Town Code of the Town of Wappinger, as set forth below. Section II: Legislative Intent: Inadvertently when Local Law Z of the Year 2004, Section II was adopted, it was indicated that "After five (5) years, the thirty percent (30%) surcharge and O&M charges will be eliminated". The correct recitation should have been "After five (5) years, the thirty percent (30%) surcharge on O&M charges will be eliminated". The purpose of this Local Law is to correct what was, in effect, a typographical error in Section II of the original Local Law #7 of the Year 2004. Section III: Amendment to Local Law of the Year 2004: Local Law 7 of the Year 2004 is hereby amended as follows: 1. Section II entitled "Legislative Intent" of said Local Law is amended by changing the last sentence thereof to read as follows: "After five (5) years, the thirty percent (30%) surcharge on O&M charges will be eliminated, however, the tenant will continue to be charged O&M charges as established by the Town Board thereafter." \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Tenancy Agreement\Law-Resol-Hearing- Amendment.doc 2. Section III entitled "Tenancy Terms" of said Local Law is amended as follows: "3. For the first five (5) years of tenancy, the Operation and Maintenance charges will be increased by thirty percent (30%); after five (5) years, the thirty percent (30%) increase will be eliminated and the tenant will only be charged O&M charges as set by the Town Board thereafter." Section IV: 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 V: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. \\Vsip03\Common\Wappinger\Town Board\LOCAL LAW\Tenancy Agreement\Law-Resol-Hearing- Amendment.doc (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. ----- #1 --------------------------- of 20404 -- of the ()1��Town) ) of --- Wapp:Lagar---------------------------------------------- was duly passed by the ---------- Tom _$card______________________ on--lu"--4------ 20Q4 -, in accordance with the applicable provisions of law. (Name of Legislative Body) LM 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the _______________________________________________ on ------------------ 20 __. , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the -------------------------------------------------- and was deemed duly adopted on ------------------ 20----, (Elective Chief Executive Officer•) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20 ------ of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the --------------------------------------------------- on ------------------ 20---- , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the ------------------------------------------------- on------------------- 20----. Such local law was submitted (Elective Chief Executive Officers) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (gene ral)(special)(annual) election held on ------------------ 20L--- , in accordance with the applicable provisions of law. irr.. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ 'of 20 ------ of the (County)(City)(Town)(Village) of_________________________________________________________________ was duly passed by the --------------------------------------------------- on ------------------ 20-___ , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the __________________________________________________ on ------------------ 20 --- . Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of __________________ 20___ , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) rZ 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the City of --------------------------------------------- having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on------------------- 20----, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the County of ---------------------------------------------------- State of New York, having been submitted to the electors at the General Election of November ---------------------- 20----, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph ---- 1------- above. - , - n (Seal) Clerk of the County le if dy, ClJ6, Town or Village Clerk or officer designated b to egislati body GLORIA MORS Town lerk Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) 6MSTATE OF NEW YORK COUNTY OF nntrhpss I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Attorney Albert P Roberts Title Town of - WapRinger Date: i� 2004 (3) NEW .YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (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. # 8 of the year 20 04 A local law (Insert Title) entitled "Local Law # 8 of 2004 amending the Town Code Section 206-8. Permits and Section 240-83 Approval and conformity required." Be it enacted by the TOWN BOARD of the (Name of Legislative Body) 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.) DOS -239 (Rev. 11/99) LOCAL LAW # 8 OF THE YEAR 2004 A Local Law entitled "Local Law # 8 of 2004, amending the Town Code, Section 206-8, Permits and Section 240-83, Approval and conformity required." 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 #_a_ of 2004, amending the Town Code, Section 206-8, Permits and Section 240-83, Approval and conformity required." Section 2: Legislative Intent The amendments seek to address the issue of site disturbance and grading for commercial properties being undertaken speculatively and in anticipation and independent of future site plan development and approval, which, unregulated, can negatively affect public safety, property values and the environment. The separation of land disturbances and the consideration and planning of future land use represent segmentation of the evaluation of the cumulative impacts of development, as set forth in SEQRA, and is strongly discouraged. By stipulating that no grading or site disturbance shall be permitted, other than for one (1) one -family dwelling, except in conformity with an approved site development plan, the amendments will ensure that disturbances to the land will be considered in conjunction with, and not independently of, the proper future use and development of the property. Section 3: Section 206-8, Permits, of the Town of Wappinger Town Code, shall be amended to read as follows: "§206-8. Permits. A. Requirement. Except as exempted by Subsection B of this section, no applicant shall do any grading, stripping, cutting, filling or other site preparation for a one - family, - dwelling without a valid grading permit issued �by the Zoning Administrator, or for anything other than a one -family dwelling, :.site plan approval from the Planning Board, pursuant to Section 240-83. B. Application. A separate application shall be required for each grading permit. Plans, specifications and timing schedules shall be submitted with each application for a grading permit. The plans shall be prepared or approved and signed by a professional engineer, surveyor or an architect at a scale acceptable to the Zoning Administrator and shall be reviewed and approved, disapproved or modified by the Engineer to the town. The Zoning Administrator may waive the preparation or 2 approval and signature by the applicant's professional engineer, surveyor or architect when the work entails no reasonable hazard to the adjacent property." Section 4. Chapter 240-83, Approval and Conformity Required, of the Town of Wappinger Town Code shall be amended to read as follows: "§240-83. Approval and conformity required. No building permit shall be issued, no grading, stripping, cutting, filling or other site preparation or disturbance shall be permitted, and no structure or use shall be established, other than for one (1) one -family dwelling, except in conformity with an approved site development plan, and no certificate of occupancy for such structure or use shall be issued until all the requirements for such approval and any conditions attached thereto have been met, except as may be otherwise specifically provided for in the resolution of site plan approval. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approved plans and conditions. Revisions of such plans and changes of approved uses shall be subject to the same approval procedure. Any proposed construction of new structures or additions thereto or any change or modification of use of property which adds to or modifies a previously approved site development plan shall require further site plan approval, termed amended site plan approval by the Planning Board. The Zoning Administrator shall enforce all requirements and conditions of the approved site development plan." Section 5. Except as specifically modified by the Amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, r... readopted and confirmed. 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 petition to other persons or circumstances. It is hereby declared to be the legislative intent 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 hereof is held and had been specifically exempt there from. 3 Section 7: Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. (Complete the certification in the paragraph that applies to the filing of this local law and strikeout that which is not applicable). 1. (Final adoption by local legislative body only). I hereby certify that the local law annexed hereto, designated as local law No. its of 2004 of the (GU=y) (@M (Town) ()L&&e) of WAPPINGER was duly passed by the TOWN BOARD on JUNE 9, 2004, in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*. I hereby certify that the local law annexed hereto, designated as of 2004 of the (County) (City) (Town) was duly passed on 2004, and was approved) (repassed after (Name of Legislative Body) disapproval) by the 2004) (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum). local law No. (Village) of by the (approved) (not and was deemed duly adopted on I hereby certify that the local law annexed hereto, designated as of 2004 of the (County) (City) (Town) was duly passed on 2004, and was local law No. (Village) of by the (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the on 2004. Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory) (permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) m (special) (annual) election held on 2004, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum). I . hereby certify that the local law annexed hereto, designated as local law No. of 2004 of the (County) (City) (Town) (Village) of was duly passed by the on 2004, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the on 2004. Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of 2004, in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition). I hereby certify that the local law annexed hereto, designated as local law No. of 2004 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20045 became operative. 6. (County local law concerning adoption of Charter). I hereby certify that the local law annexed hereto, designated as local law No.: of 2004 of the County of State of New York, having been submitted to the electors at the General Election of November 2004, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. 61 If any other authorized form of final adoption has been followed, please provide an appropriate certification). I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph T . above. 121 Clerk of the Bn&K10iffgkU or officer designated by loc V r (Seal) Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality). STATE OF NEW YORK COUNTY OF TITTTCHRss I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Title Gemity- eity"af- Town Date: j:\docs2\500\wappinger\zone amendments\grading.locallaw.lkb.doc5/20/2004 11:50 AM- M