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AUTHORIZING THE ADOPTION BY THE TOWN BOARD OF THE TOWN OF RED HOOK OF LOCAL LAW A2 (PROPOSED) OF 2024, AS LOCAL LAW NO. 1 OF 2024

↑Meetings/Resolutions/9-2024
Expiredformal_resolutionongoingAdopts Local Law No. 1 of 2024 placing a moratorium on applications in the TND CC Subdistrict through December 31, 2024; on applications for subdivision in the AB District through December 31, 2024; and on applications affecting wetlands within 300 feet of state designated wetlands or other regulated wetlands through December 31, 2024.
First seen
2024-03-27
Latest event
2024-03-27
adopted
Expires
2024-12-31

Resolution text

RESOLVED

  1. The Town Board hereby adopts said Local Law A2 (Proposed) of 2024 entitled "A local law placing a moratorium on applications in the TND CC Subdistrict, on applications for subdivision in the AB District, and on applications affecting wetlands" as Local Law No. 1 of 2024 in the form on file with the Town Clerk
  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 — 16 WHEREAS clauses
  • WHEREAS, a proposed form of Local Law A (Proposed) of 2024, entitled "A local law placing a moratorium on applications in the TND CC Subdistrict, on applications for subdivision in the AB, RD3 and RD5 Districts, and on applications affecting wetlands" was presented to the Town Board of the Town of Red Hook (the "Town") at a regular meeting held on March 12, 2024
  • WHEREAS, a revised form of the proposed local law A2 dated March 27, 2024 making technical corrections to the draft local law is on file with the Town Clerk
  • WHEREAS, the proposed amendments are consistent with the recommendations of the Town's Comprehensive Plan
  • WHEREAS, the freshwater wetlands of the state of New York are invaluable resources for flood protection and wildlife habitat
  • WHEREAS, considerable acreage of freshwater wetlands in the state of New York has been lost, despoiled or impaired by unregulated draining, dredging, filling, excavating, building, pollution or other activities inconsistent with the natural uses of such areas and freshwater wetlands are in jeopardy of being lost, despoiled or impaired by such activities and because of the recent curtailment of federal wetland protections
  • WHEREAS, the Town is reviewing applicable watershed and wetlands protection regulations to conform the Town's Code with proposed and pending NYS DEC regulations to preserve, protect and conserve freshwater wetlands and the benefits derived therefrom, to prevent the despoliation and destruction of wetlands, and to regulate use and development of wetlands to secure the natural benefits of those wetlands, consistent with the general welfare and beneficial economic, social and agricultural development of the State
  • WHEREAS, in order to address failing and potentially failing onsite septic systems and to encourage the development that was intended by the Centers and Greenspaces amendments to the comprehensive plan and the Zoning Law, the Town has prepared an engineering study of the feasibility of a sewer district serving the TND
  • WHEREAS, as part of this process, the Town will need to work with the Village of Red Hook (the "Village") over the next few months to determine the feasibility of an intermunicipal agreement to support the expansion of the existing Village treatment plant and confirm the Town's capacity needs
  • WHEREAS, the Town has consistently supported local laws that encourage preservation of important farmlands and prime soils and the provision of compatible accessory uses for farm and farm related uses. The Town is reviewing the efficacy of the Centers and Greenspaces amendments regarding the AB Zoning District to determine whether additional regulations are needed to accomplish these goals
  • WHEREAS, a resolution was duly adopted by the Town Board of the Town of Red Hook on March 12, 2024, setting a public hearing to be held by said Town Board on March 27, 2024 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 newspapers of said Town, on March 19, 2024, which is not less than five days prior to the date of said public hearing
  • WHEREAS, said public hearing was duly held on March 27, 2024 at said time and place, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof
  • WHEREAS, pursuant to Section 239-m of the General Municipal Law, a copy of the proposed Local Law was referred to the Dutchess County Department of Planning and Development which responded on March 25, 2024 that is was a matter of local concern with comments, as attached
  • WHEREAS, pursuant to Section 143-141 of the Red Hook Zoning Law, a copy of the proposed Local Law was referred to the Town Planning Board which reviewed the matter at its March 26, 2024 meeting and submitted the recommendations as attached
  • WHEREAS, notice of the March 27, 2024 public hearing was sent to the clerks of adjacent municipalities
  • WHEREAS, the Town Board of the Town of Red Hook, after reviewing the comments received and 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)

2024-03-27adoptedvote: 3-2
Adopt Local Law A2 (Proposed) of 2024 as Local Law No. 1 of 2024 placing a moratorium on applications in the TND CC Subdistrict, on applications for subdivision in the AB District, and on applications affecting wetlands.
moved by McKeon · seconded by Hamel
Show text snapshot for this event
Resolved
  1. The Town Board hereby adopts said Local Law A2 (Proposed) of 2024 entitled "A local law placing a moratorium on applications in the TND CC Subdistrict, on applications for subdivision in the AB District, and on applications affecting wetlands" as Local Law No. 1 of 2024 in the form on file with the Town Clerk
  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 A (Proposed) of 2024, entitled "A local law placing a moratorium on applications in the TND CC Subdistrict, on applications for subdivision in the AB, RD3 and RD5 Districts, and on applications affecting wetlands" was presented to the Town Board of the Town of Red Hook (the "Town") at a regular meeting held on March 12, 2024
  • WHEREAS, a revised form of the proposed local law A2 dated March 27, 2024 making technical corrections to the draft local law is on file with the Town Clerk
  • WHEREAS, the proposed amendments are consistent with the recommendations of the Town's Comprehensive Plan
  • WHEREAS, the freshwater wetlands of the state of New York are invaluable resources for flood protection and wildlife habitat
  • WHEREAS, considerable acreage of freshwater wetlands in the state of New York has been lost, despoiled or impaired by unregulated draining, dredging, filling, excavating, building, pollution or other activities inconsistent with the natural uses of such areas and freshwater wetlands are in jeopardy of being lost, despoiled or impaired by such activities and because of the recent curtailment of federal wetland protections
  • WHEREAS, the Town is reviewing applicable watershed and wetlands protection regulations to conform the Town's Code with proposed and pending NYS DEC regulations to preserve, protect and conserve freshwater wetlands and the benefits derived therefrom, to prevent the despoliation and destruction of wetlands, and to regulate use and development of wetlands to secure the natural benefits of those wetlands, consistent with the general welfare and beneficial economic, social and agricultural development of the State
  • WHEREAS, in order to address failing and potentially failing onsite septic systems and to encourage the development that was intended by the Centers and Greenspaces amendments to the comprehensive plan and the Zoning Law, the Town has prepared an engineering study of the feasibility of a sewer district serving the TND
  • WHEREAS, as part of this process, the Town will need to work with the Village of Red Hook (the "Village") over the next few months to determine the feasibility of an intermunicipal agreement to support the expansion of the existing Village treatment plant and confirm the Town's capacity needs
  • WHEREAS, the Town has consistently supported local laws that encourage preservation of important farmlands and prime soils and the provision of compatible accessory uses for farm and farm related uses. The Town is reviewing the efficacy of the Centers and Greenspaces amendments regarding the AB Zoning District to determine whether additional regulations are needed to accomplish these goals
  • WHEREAS, a resolution was duly adopted by the Town Board of the Town of Red Hook on March 12, 2024, setting a public hearing to be held by said Town Board on March 27, 2024 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 newspapers of said Town, on March 19, 2024, which is not less than five days prior to the date of said public hearing
  • WHEREAS, said public hearing was duly held on March 27, 2024 at said time and place, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof
  • WHEREAS, pursuant to Section 239-m of the General Municipal Law, a copy of the proposed Local Law was referred to the Dutchess County Department of Planning and Development which responded on March 25, 2024 that is was a matter of local concern with comments, as attached
  • WHEREAS, pursuant to Section 143-141 of the Red Hook Zoning Law, a copy of the proposed Local Law was referred to the Town Planning Board which reviewed the matter at its March 26, 2024 meeting and submitted the recommendations as attached
  • WHEREAS, notice of the March 27, 2024 public hearing was sent to the clerks of adjacent municipalities
  • WHEREAS, the Town Board of the Town of Red Hook, after reviewing the comments received and after due deliberation, finds it in the best interests of the Town to adopt said Local Law, in the form attached hereto
Subject key: tnd_ab_wetlands_moratorium