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2026-12026-1 Resolution Introducing Local Law Not Of 2026 Amending The Town Code Regarding Wintertime Parking Restrictions 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 January 12, 2026. The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll being called, the following was recorded: ✓ Vote Record - Resolution RES -2026-1 Yes/Aye No/Nay Abstain Absent 2 Adopted ❑ Adopted as Amended Joseph D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled Heather O'Dell Seconder Q El El ElElWithdrawn Christopher Phillips Mover Q ❑ ❑ ❑ Al Casella Voter 2 ❑ ❑ ❑ The following Resolution was introduced by Councilman Phillips and seconded by Councilwoman O'Dell. WHEREAS, in 2018, the Town Board of the Town of Wappinger adopted reforms to Chapter 230 of the Town Code. The Town finds and declares that the expeditious removal of snow from the public highways in the Town of Wappinger is required to keep the highways open for emergency vehicles during snow emergencies to protect the health, safety and welfare of the inhabitants of the Town, and WHEREAS, the Town Board had enacted a Local Law to prohibit parking on public streets and highways in the Town of Wappinger, outside the corporate limits of the Village of Wappingers Falls, pursuant to the authority granted by New York State Vehicle and Traffic Law § 1660 (18) & (27), and WHEREAS, a section of Code has been identified as contradicting the Code amendments made in 2018 to only enforce that a snow emergency shall exist when the National Weather Service has issued an advisory or warning that winter weather conditions are expected to be severe, hazardous or cause significant inconvenience to the traveling public, and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions), and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action, and NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. 1 of 2026 in the form annexed hereto; the Town Code as originally adopted and amended from time to time thereafter is to remain in full force and effect and is otherwise ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing(s) on the proposed amendments to the Town Code. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. 1 of 2026 for 7:00 PM on the 12th day of January 2026 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law. The foregoing was put to a vote which resulted as follows RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Heather O'Dell, Councilwoman AYES: Cavaccini, Beale, O'Dell, Phillips, Casella Dated: Wappingers Falls, New York 1/12/2026 The Resolution is hereby duly declared Adopted. LOCAL LAW NO. OF THE YEAR 2026 A Local Law entitled "Local LawAmending Chapter 230 of the Town Code Prohibiting Parking During Snow Emergencies." 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 "Local Law Amending Chapter 230 of the Town Code Prohibiting Parking During Snow Emergencies." Section IL• Legislative Intent. In 2018, the Town Board of the Town of Wappinger adopted reforms to Chapter 230 of the Town Code. The Town finds and declares that the expeditious removal of snow from the public highways in the Town of Wappinger is required to keep the highways open for emergency vehicles during snow emergencies to protect the health, safety and welfare of the inhabitants of the Town. The Town Board enacts this Local Law to prohibit parking on public streets and highways in the Town of Wappinger, outside the corporate limits of the Village of Wappingers Falls, pursuant to the authority granted by New York State Vehicle and Traffic Law §1660 (18) & (27). However, a section of Code has been identified as contradicting the Code amendments made in 2018 to only enforce that a snow emergency shall exist when the National Weather Service has issued an advisory or warning that winter weather conditions are expected to be severe, hazardous or cause significant inconvenience to the traveling public. This Local Law also granted authority to local officials to declare a snow emergency in circumstances where the National Weather Service has not issued advisories for the Town of Wappinger. Section III: Amendment of Parking Prohibited at All Times § 230-19.2 A (1) entitled "Wintertime Parking Restrictions." is hereby deleted and replaced with a new § 230-19.2 A (1) to read as follows: A. Overnight parking prohibited during wintertime. La Between November 1 of each year and March 31 of the following year, only during a declared snow emergency as defined within this section, no vehicle shall be left standing or allowed to remain parked upon any public highway of the Town of Wappinger, outside of the corporate limits of the Village of Wappingers Falls, during such months. Section VI: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, sub- section, 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 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 VII: Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law.