Loading...
LL #04-2013Local 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. ❑ County ❑ City of Wappinger 0 Town ❑ Village Local Law No. 4 of the year 20 13 A local law entitled "Local Law No. 4 of the Year 2013, for the purpose of amending Chapter 213 Stormwater Management, of the Town Code." Be it enacted by the Town Board of the (NameofLegi a rve o y ❑ County ❑ City of Wappinger 0 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 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 — Chapter 213, Stormwater Management Section 213-10.A 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 a two-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. 2 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\Wappmger\Code Amendmts\stonnwater amends 9-20-12 clean final.dhs.doc 3 (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.) 1 hereby certify that the local law annexed hereto, designated as local law No. 4 of 20 13 of the QC&V4)(eMTown)(VXW of Wappinger was duly passed by the Town Board on January28 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*.) 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) (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 (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted of 20 of was duly passed by the on 20 and was (approved)( not approved) (Elective Chief Executive Officer*) on 20 _- 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 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*) 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. Such local * 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. DOS -239 (Rev. 05/05) Page 2 of 3 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.) 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 ted in the manner indicated in paragraph 1 , above. Cle the county legis a body, City, Town or Village Clerk or officer designated by local legislative body (Seal) Date: l► �� C�x .(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEIN 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. /f "7 _ ,, _ Signature Albert P. Roberts - Town Attorney Title EW% ftof Wappinger Town Y Date: DOS -239 (Rev. 05/05) Page 3 of 3