LL #03-2013NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing 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.
❑ County
❑ City of Wappinger
IIID Town
❑ Village
Local Law No.
3
of the year 20 13
A local law entitled "Local Law No. 3 of the Year 2013, for the purpose of amending Chapter 206
Soil Erosion and Sediment Control, of the Town Code."
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑ County
❑ City of Wappinger
A Town
❑ Village
(TEXT COMMENCES ON NEXT PAGE)
as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 05/05) Page 1 of 3
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 — Chapter 206, Soil Erosion and Sediment Control
1. Section 206-8 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, 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 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\soil amends 9-20-12 clean.dhs.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.) 3 of 20 13 of
I hereby certify that the local law annexed hereto, designated as local law No. was duly passed by the
the ty)(MMTown)(�i of Wappinger
Town Board on January 28 20 13 in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.) of 20 of
I hereby certify that the local law annexed hereto, designated as local law No. was duly passed by the
the (County)(City)(Town)(Village) of
on 20 and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
on 20 _ in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
the (County)(City)(Town)(Village) of
and was deemed duly adopted
of 20 of
was duly passed by the
on 20 and was (approved)( not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted 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) (special)(annual) election held on
20 — 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 20 of
the (County)(City)(Town)(Village) of
on
(Name of Legislative Body)
was duly passed by the
20 and was (approved)(not approved)
(repassed after disapproval) by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to 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.
Page 2 of 3
DOS -239 (Rev. 05105)
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 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.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
1 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 1_ above.
Cle o the county legislative body, City, Town or Village Clerk or
officer designated by local legislative body
/ ;2)
(Sea/) Date:
-{Certification to be Executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
wutho[ized attorney of locality.)
STAVE OF NEW YORK
COUNTY OF Dutchess
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
Albert P. Roberts - Town Attorney
Title
N&)*
ftof Wappinger
_Town _ . _._ _ --
Date: 1
DOS -239 (Rev. 05/05) Page 3 of 3