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2012-3202012-320 Resolution Introducing Local Law_2013 Which Would Amend Chapter 206, Soil Erosion and Sediment Control, of the Town 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 December 10, 2012. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers - Barbara Gutzler - William H. Beale Vincent F. Bettina Ismay Czarniecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman Czarniecki. WHEREAS, the Town Board is considering the adoption of Local Law _ of 2013 which would amend Chapter 206, Soil Erosion and Sediment Control, of the Town Code; and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law _ of 2013 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Town Code as originally adopted and amended from time to time thereafter is to remain in full force and effect and is otherwise ratified, readopted and confirmed. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law _ of 2013 for 7:30 PM on the 28th day of January 2013 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. The Town Board hereby directs the Town Clerk 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. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE MICHAEL KUZMICZ, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 12/10/2012 The Resolution is hereby duly declared adopted. CHRISTINE FULTON, TOWN CLERK LOCAL LAW # OF THE YEAR 2013 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 #_ of 2013, for the purpose of amending Chapter 206, Soil Erosion and Sediment Control, of the Town Code." Section 2: Legislative Intent 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. The Town Board believes that it is reasonable and appropriate to update and amend Chapter 206, Soil Erosion and Sediment Control, of the Town Code. Section 3: Code Amendments -Chanter 206, Soil Erosion and Sediment Control 1. Section 206-5 shall be amended to read as follows: A. Requirement. Except as exempted by Subsection B of this section, no property owner or his agent shall undertake any of the following grading, stripping, cutting, filling, excavating or other site preparation activities unless the Zoning Administrator has issued a grading permit as hereinafter provided: (1) Site preparation in excess of 400 square feet on slopes which exceed one foot of vertical rise to four feet of horizontal distance or in areas known to be subject to severe erosion. (2) Grading, stripping, cutting, filling or excavation which affects more than two feet in depth over an area of 400 square feet or more, or which affects 30 cubic yards of material, within any parcel. (3) Excavation for any in-ground swimming pool, or grading for an above-ground pool on slopes which exceed one foot of vertical rise to four feet of horizontal distance or in areas known to be subject to severe erosion. B. Exemptions. No grading permit shall be required under the following circumstances in connection with the following activities: 2 (1) When a plot plan for the construction of a proposed one- or two- family dwelling has been approved by the Zoning Administrator. (2) When site plan approval has been issued pursuant to § 240-83 herein. (3) When a wetlands permit has been issued in accordance with Chapter 137 of this code. (4) When a floodplain development permit has been issued in accordance with Chapter 133 of this code. - (5) - Household gardening and for lawn installation or repair activities on existing developed lots, except for activities that are regulated under subsections A(1) and (2) immediately above. (6) Farm operations, as defined in the New York State Agriculture and Markets Law, when conducted in an agricultural district, unless the proposed grading for the farm operation has the potential to result in substantial off-site impact. (7) Governmental activities. C. 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 or disapproved by the Engineer to the Town. The Zoning Administrator may waive the preparation or approval and signature by the applicant's professional engineer, surveyor or architect when the work entails no reasonable hazard to the adjacent property. D. Prohibition. With respect to vacant residentially zoned lots over one acre in size, and with respect to all vacant commercially zoned property, no grading, stripping, cutting, filling or excavation shall take place without plot plan or site plan approval, as applicable. Section 4: Ratification, Readoution 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. 3 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 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: Seaarability 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 Amendmts\soil amends 9-20-12 clean.dhs.doc 4