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2013-0572013-57 Resolution Adopting Local Law No. 5 of 2013 Which Would Amend Chapter 214, Streets and Sidewalks, 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 January 28, 2013. 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 Councilman Beale. WHEREAS, the Town Board is considering the adoption of Local Law _ of 2013 which would amend Chapter 214, Streets and Sidewalks, 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 adopts Local Law No. 5 of 2013; 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. 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 1/28/2013 The Resolution is hereby duly declared adopted. d. CHRISTINE FULTON, TOWN CLERK NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Fili (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. of the year 2013 A local law entitled "Local Law # of 2013 for the purpose of amending Chapter 214, Streets and Sidewalks of the Town Code." 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 # 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 214, Streets and Sidewalks, 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 214, Streets and Sidewalks, of the Town Code. Section 3: Code Amendments -Chapter 214, Streets and Sidewalks 1. Section 214-10 shall be amended to read as follows: § 214-10. Restoration of highway. Any such excavation in any highway shall be restored by the applicant, within the time granted in the permit, with materials equivalent to those excavated and shall be kept and maintained level with the unexcavated portion thereof, by the applicant, for a period of two years from the date of restoration, so that said excavated portion shall be left in as good, substantial and permanent condition as before the excavation; and if not so restored and maintained, the work shall be done by or under the direction of the Superintendent, and the cost thereof shall be a lawful charge against the person to whom the permit was issued on the bond or certified check herein provided for, and it shall be the duty of the Superintendent to sue for and recover such costs or pay them with all or part of said bond or certified check. 2. Section 214-12 shall be amended to read as follows: § 214-12. Duration of obligation. For two years from the date the work is complete, the applicant shall be responsible for any condition that may develop due to the applicant's failure to properly restore the highway. 3. Section 214-39 shall be amended to read as follows: 2 214-39. Grant of highway. Such highway must be granted to the Town by a bargain and sale deed with a covenant against grantor's acts, containing the correct metes and bounds description shown on said map, which deed must be in such form as may be required to entitle the same to be recorded in the office of the County Clerk of Dutchess County, and the filing fees must be paid by the applicant. The bargain and sale deed shall be accompanied by a title insurance policy naming the Town as beneficiary in the minimum amount of $50,000, or such other amount as determined by the Engineer to the Town and the Attorney to the Town, consistent with the nature and value of the property and/or improvements to be dedicated to the Town. 4. Section 214-43.B shall be amended to read as follows: B. Highway construction guaranty. Prior to the acceptance of the highway or issuance of any building permit, the developer shall post with the Town Clerk of the Town of Wappinger a bond equal to 20% of the performance bond guaranteeing the standard of construction set by these specifications, normal wear and tear excepted, for a period of two years after the date of final acceptance by the Town. This shall be interpreted to mean that the developer, at his own expense, shall repair and make good any defects or damage which may develop during this guaranty period as a result of faulty construction by the developer within the right-of--way or as a result of other construction by the developer off the right-of--way. The guaranty responsibilities of the Town and the developer during the guaranty period are specified under § 214-76B of these specifications. 5. Section 214-76.B shall be amended to read as follows: B. After final acceptance by the Town and prior to the expiration of the two- year guaranty period: (1) It is intended by these minimum specifications and the applicable requirements of the Land Subdivision Regulations Editor's Note: See Ch. 217, Subdivision of Land. to have constructed by the developer a road or street which meets the standards of Chapter 214 herein. To assure the fulfillment of these requirements, the developer shall guarantee its roads and the appurtenant road structures, such as storm sewers, manholes, inlet basins, paved gutters, etc., against structural failure for two years from the date of final acceptance by the Town Board. If such failure should occur under conditions of 3 normal use for which the area was intended, the developer shall repair the damage to equivalent of original or better condition. These repairs shall be made by order of the Town Superintendent of Highways, oral or written and under his direction, and completed to his satisfaction. Repairs shall be made, or satisfactory arrangements made, to make said repairs within 48 hours. (2) This guaranty shall include, but not be limited to, the following items: (3) Deterioration of the pavement, such as alligator cracks, chuck holes, bleeding, edge breaking, depressions, etc. (4) Deterioration of gutters, such as erosion, frost heave, cracking, edge breaking, etc. (5) Failure of the storm sewer such as pipe breaks, grate breaks, stoppages due to accumulation of debris from construction, settlement, etc. Section 4: Ratification, Readontion 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 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, 4 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\streets amends 9-20-12 clean.dhs.doc 5