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Authorizing the Adoption by the Town Board of the Town of Red Hook of Local Law No. D (Proposed) of 2021 Regarding Micro Hydropower Facilities

↑Meetings/Resolutions/63-2021
Activeformal_resolutionongoingAdopts Local Law No. 4 of 2021 regarding Micro Hydropower Facilities, allowing such facilities in the Waterfront Conservation District subject to special permit and site plan approval, and exempting them from the definition of a power plant.
First seen
2021-10-12
Latest event
2021-10-12
adopted
Expires
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Resolution text

RESOLVED

  1. The Town Board hereby adopts said Local Law D (Proposed) of 2021, now referred to as Local Law No. 4 of 2021, entitled "Local Law No. D (Proposed) of 2021; A Local Law Regarding Micro Hydropower Facilities" in the form attached hereto and made a part of this resolution
  2. The Town Clerk hereby is directed to enter said local law in the minutes of this meeting and in the Town Code of the Town of Red Hook, to give due notice of the adoption of said local law to the Secretary of State of New York, and to take all other actions as may be required by law.
Show preamble — 12 WHEREAS clauses
  • WHEREAS, a proposed form of Local Law D (Proposed) of 2021 entitled "Local Law No. D (Proposed) of 2021; A Local Law Regarding Micro Hydropower Facilities" (the "Local Law") was presented to the Town Board of the Town of Red Hook at a regular meeting held on August 25, 2021
  • WHEREAS, on August 25, 2021, the Town Board reviewed a Full Environmental Assessment Form ("FEAF") and Coastal Assessment Form ("CAF") and classified the proposed action as a Type I action under the State Environmental Quality Review Act ("SEQRA") and declared its intent to serve as lead agency
  • WHEREAS, a resolution was duly adopted by the Town Board of the Town of Red Hook on August 25, 2021, setting a public hearing to be held by said Town Board on September 22, 2021 at 7:35 p.m. at the Town Hall, 7340 South Broadway, Red Hook, New York, to hear all interested parties on said proposed Local Law
  • WHEREAS, notice of said public hearing was duly advertised in the Poughkeepsie Journal, the official newspaper of said Town, on August 31, 2021, which is not less than ten calendar days prior to the date of said public hearing
  • WHEREAS, notice of the September 22, 2021, public hearing was sent to the clerks of adjacent municipalities
  • WHEREAS, pursuant to Section 239-m of the General Municipal Law, a copy of the Local Law, together with a copy of the EAF and CAF, was referred to the Dutchess County Department of Planning and Development which responded on September 14, 2021, that it was a matter of local concern
  • WHEREAS, pursuant to Section 143-141 of the Red Hook Zoning Law, a copy of the proposed Local Law, together with a copy of the EAF and CAF, was referred to the Town Planning Board which reviewed the matter at its October 4, 2021 meeting, recommended a finding that it is consistent with the Town's Local Waterfront Revitalization Plan, and has provided a report of such recommendation to the Town
  • WHEREAS, said public hearing was duly held on September 22, 2021 and continued to October 12, 2021
  • WHEREAS, notice of said continued public hearing was duly advertised in the Poughkeepsie Journal, the official newspaper of said Town, on September 29, which is not less than ten calendar days prior to the date of said public hearing
  • WHEREAS, on October 12, 2021, the Town Board adopted a negative declaration under SEQRA, determining that the proposed adoption of the Local Law will not have a significant adverse effect on the environment and that a Draft Environmental Impact Statement will not be prepared
  • WHEREAS, on October 12, 2021, the Town Board determined that the proposed Local Law is consistent with the Town's Local Waterfront Revitalization Plan
  • WHEREAS, the Town Board of the Town of Red Hook, after due deliberation, finds it in the best interests of the Town to adopt said local law, in the form attached hereto

Lifecycle (1 event)

2021-10-12adoptedvote: unanimous
Authorize the adoption by the Town Board of Local Law D (Proposed) of 2021 regarding Micro Hydropower Facilities.
moved by McKeon · seconded by Kane
Show text snapshot for this event
Resolved
  1. The Town Board hereby adopts said Local Law D (Proposed) of 2021, now referred to as Local Law No. 4 of 2021, entitled "Local Law No. D (Proposed) of 2021; A Local Law Regarding Micro Hydropower Facilities" in the form attached hereto and made a part of this resolution
  2. The Town Clerk hereby is directed to enter said local law in the minutes of this meeting and in the Town Code of the Town of Red Hook, to give due notice of the adoption of said local law to the Secretary of State of New York, and to take all other actions as may be required by law.
Whereas
  • WHEREAS, a proposed form of Local Law D (Proposed) of 2021 entitled "Local Law No. D (Proposed) of 2021; A Local Law Regarding Micro Hydropower Facilities" (the "Local Law") was presented to the Town Board of the Town of Red Hook at a regular meeting held on August 25, 2021
  • WHEREAS, on August 25, 2021, the Town Board reviewed a Full Environmental Assessment Form ("FEAF") and Coastal Assessment Form ("CAF") and classified the proposed action as a Type I action under the State Environmental Quality Review Act ("SEQRA") and declared its intent to serve as lead agency
  • WHEREAS, a resolution was duly adopted by the Town Board of the Town of Red Hook on August 25, 2021, setting a public hearing to be held by said Town Board on September 22, 2021 at 7:35 p.m. at the Town Hall, 7340 South Broadway, Red Hook, New York, to hear all interested parties on said proposed Local Law
  • WHEREAS, notice of said public hearing was duly advertised in the Poughkeepsie Journal, the official newspaper of said Town, on August 31, 2021, which is not less than ten calendar days prior to the date of said public hearing
  • WHEREAS, notice of the September 22, 2021, public hearing was sent to the clerks of adjacent municipalities
  • WHEREAS, pursuant to Section 239-m of the General Municipal Law, a copy of the Local Law, together with a copy of the EAF and CAF, was referred to the Dutchess County Department of Planning and Development which responded on September 14, 2021, that it was a matter of local concern
  • WHEREAS, pursuant to Section 143-141 of the Red Hook Zoning Law, a copy of the proposed Local Law, together with a copy of the EAF and CAF, was referred to the Town Planning Board which reviewed the matter at its October 4, 2021 meeting, recommended a finding that it is consistent with the Town's Local Waterfront Revitalization Plan, and has provided a report of such recommendation to the Town
  • WHEREAS, said public hearing was duly held on September 22, 2021 and continued to October 12, 2021
  • WHEREAS, notice of said continued public hearing was duly advertised in the Poughkeepsie Journal, the official newspaper of said Town, on September 29, which is not less than ten calendar days prior to the date of said public hearing
  • WHEREAS, on October 12, 2021, the Town Board adopted a negative declaration under SEQRA, determining that the proposed adoption of the Local Law will not have a significant adverse effect on the environment and that a Draft Environmental Impact Statement will not be prepared
  • WHEREAS, on October 12, 2021, the Town Board determined that the proposed Local Law is consistent with the Town's Local Waterfront Revitalization Plan
  • WHEREAS, the Town Board of the Town of Red Hook, after due deliberation, finds it in the best interests of the Town to adopt said local law, in the form attached hereto
Subject key: micro_hydropower_facilities_local_law_d