2012-3212012-321
Resolution Introducing Local Law _ 2013 Which Would Amend Chapter 213 Stormwater
Management, 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 213, Stormwater Management, 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.
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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 213, Stormwater Management, 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 213, Stormwater Management,
of the Town Code.
Section 3: Code Amendments -Chanter 213, Stormwater Management
Section 213-10.B shall be amended to read as follows:
A. In order to ensure the full and faithful completion of all land development
activities related to compliance with all conditions set forth by the Town in
its approval of the Stormwater pollution prevention plan, the Town may
require the applicant or developer to provide, prior to construction, a
performance agreement, secured by a surety bond, cash escrow, or
irrevocable letter of credit issued by appropriate financial or surety
institution which guarantees satisfactory completion of the project and
names the Town as the beneficiary. The security shall be in an amount to be
determined by the Town upon consultation with the Engineer to the Town
and the Attorney to the Town, based on submission of final design plans,
with reference to actual construction and landscaping costs. The
performance. agreement shall be in a form acceptable to the Town. The
performance agreement shall remain in force until the surety is released
from liability by the Town, provided that such period shall not be less than
two years from the date of final acceptance or such other certification that
the facility(ies) has (have) been constructed in accordance with the
approved plans and specifications and that atwo-year inspection has been
conducted and the facilities have been found to be acceptable to the Town.
Notwithstanding the above, Stormwater facilities involving wetlands shall
be subject to § 137-11A of this code. Per annum interest on cash escrow
deposits shall be reinvested in the account until the surety is released from
liability.
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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 L- aw; 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 Amendmts\stormwater amends 9-20-12 clean.dhs.doc
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