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2013-2192013-219 Resolution Introducing "Local Law No._ of the Year 2013, Amending Chapter 166 of the Town of Wappinger Code Known as the Noise 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 October 15, 2013. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Barbara Gutzler William H. Beale Vincent F. Bettina Ismay Czarniecki Michael Kuzmicz The following Resolution was introduced by Councilman Beale and seconded by Councilman Bettina. WHEREAS, after the Town Board adopted the Noise Control Law on .June 24, 2013, representatives of a garbage hauling business provided information that supported a change in the hours of exemption as applied to the garbage hauling business; specifically, it was recommended that by slightly increasing the hours of exemption it would greatly facilitate servicing of industrial, institutional and commercial properties and alleviate potential conflicts and traffic congestion generated by school buses leaving in the early morning as well as other early morning traffic; and WHEREAS, the Town Board has agreed to amend the exemption afforded to the garbage hauling business; and WHEREAS, the Town Board has determined that the proposed action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as SEQRA) and pursuant to Local Law No. 6 of 1992 (the Town's Environmental Quality Review Law); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and the Town Board is therefore, by default, Lead Agency for this action; and WHEREAS, the Town Board has caused the preparation of a Short Form Environmental Assessment (EAF) form to review the potential environmental impacts of the proposed Local Law. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby declares itself as Lead Agency for purposes of SEQRA review. 3. The Town Board has reviewed the Proposed Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (SEQRA) and Local Law 6 of 1992 of the Town of Wappinger, and hereby determines that there are no adverse environmental impacts associated with the adoption of this Local Law, and hereby issues a Negative Declaration of Significance. 4. The Town Clerk is hereby directed to file the Negative Declaration of Significance and Short Form EAF as provided by law. 5. The Town Board hereby introduces for adoption Local Law No. of the Year 2013 in the form annexed hereto. 6. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No. of the Year 2013 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 25th day of November 2013, at 7:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal as required by law. 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 10/15/2013 The Resolution is hereby duly declared adopted. G ~~ ~'~ MI AEL J. LE A ,TOWN CLERK LOCAL LAW NO. OF THE YEAR 2013 A Local Law entitled "Local Law No. of the Year 2013, Amending Chapter 166 of the Town of Wappinger Code known as the Noise Code." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section L Title: This Local Law shall be known and cited as Town of Wappinger, "Local Law No. of the Year 2013, Amending Chapter 166 of the Town of Wappinger Code known as the `Noise Code"' Section II: Legislative Intent: After many years of discussion, debate and deliberation, the Town of Wappinger adopted a Noise Control Law on June 24, 2013. At the Public Hearing, and after the Local Law had been introduced, representatives of a garbage hauling business have provided information that supported a change in the hours of exemption as applied to the garbage hauling business. Specifically, it was recommended that by slightly increasing the hours of exemption it would greatly facilitate servicing of industrial, institutional and commercial properties and also alleviate potential conflicts and traffic congestion generated by school buses leaving in the early morning as well as other early morning traffic. Accordingly, the Town Board has agreed to amend the exemption afforded to the garbage hauling business as hereinafter provided. Section III: Amendment to Chanter 166: "Noise": Chapter 166 "Noise", Section 5. I. "Exemptions" sub-section I. shall be amended to read as follows: "§ 166-5. I. Sound generated by garbage trucks as follows: 1. on weekdays between 5:00 A.M. and 10:00 P.M. when servicing of property used for commercial, industrial, governmental, educational purposes and for multi-family residential developments containing four or more units; C:\Documents and Settings\jFulton\Local Settings\Temporary Internet Files\Content.0utlook\53ESL81I\Local Law Amendment - 2013.doc 2. on weekdays between 5:30 A.M. and 10:00 P.M. when servicing of properties in one and/or two family residential zoning districts; 3. on weekends and legal holidays between 6:00 A.M. and 10:00 P.M.; 4. loaded garbage trucks shall perform compacting operations in areas without residences; and 5. whenever an area contains a mix of different uses, the most restrictive standard shall apply." Section IV: Ratification: Except as herein modified and amended, Chapter 166 of the Town of Wappinger Code, "Noise" is hereby ratified and reconfirmed. Section V: 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 VI: 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; the Codifier shall make no substantive changes to this Local C:\Documents and Settings\jFultonU.ocal Settings\Temporary Internet Files\Content.0utlook\53ESL811\Local Law Amendment - 2013.doc Law; the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and 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 VII: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law Municipal Home Rule Law. C:\Documents and Settings\jFulton\Local Settings\Temporary Internet Files\Content.0utlook\53ESL81ALocal Law Amendment - 2013.doc NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the day of , 2013, at 7:30 P.M. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt Local Law No. of the Year 2013, "Amending Chapter 166 of the Town of Wappinger Code known as the Noise Code." PLEASE TAKE FURTHER NOTICE that the purpose and intent of the proposed Local Law is to change the hours of exemption as applied to the garbage hauling business to facilitate servicing of industrial, institutional and commercial properties and alleviate potential conflicts and traffic congestion generated by school buses leaving in the early morning as well as other early morning traffic. PLEASE TAKE FURTHER NOTICE that the Town Board has reviewed the adoption of this Local Law as an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (SEQRA) and pursuant to Local Law 6 of 1992, and has determined that there are no adverse environmental impacts associated with the adoption of this Local Law, and the Town Board has issued a Negative Declaration of Significance and has caused the preparation of a Short Form EAF for this project. PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law No. of the Year 2013 are available for review and inspection at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: October 15, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER MICHAEL J. LEONARD, TOWN CLERK C:\Documents and Settings\jFulton\Local Settings\Temporary Internet Files\Content.0utlook\53ESL81 ANoitce of Public Hearing for Amendment to Noise Control Law.doc