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L.L. No. 43-2021

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L.L. No. 43-2021 2021-460 ENACTMENT: ADOPT LOCAL LAW INTRODUCTORY NO. 41-2021 AMENDING THE CODE OF THE TOWN OF HUNTINGTON, CHAPTER A202 (SUBDIVISION AND SITE PLAN REGULATIONS). Resolution for Town Board Meeting Dated: August 11, 2021 The following resolution was offered by: COUNCILMAN CUTHBERTSON and seconded by: COUNCILWOMAN CERGOL WHEREAS, the Town of Huntington recognizes the negative ecological impacts of planting/maintaining invasive species due to their detrimental impact to native biodiversity and ecosystem services provided by the local environment, and WHEREAS, the Town Board intends to amend the Subdivision and Site Plan Regulations to include Appendix I – Invasive Plant Material, to clearly list invasive species not to be planted/maintained in the Town of Huntington as a result of the development process; and WHEREAS, the Town Board, 100 Main Street, Huntington, NY 11743 is the Lead Agency as it is the only agency authorized to amend the Huntington Town Code; and WHEREAS, the updating of existing material lists is a Type II action pursuant to 6 N.Y.C.R.R. §617.5 (c)(26) as it involves routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment and, therefore, no further SEQRA review is required. NOW, THEREFORE BE IT RESOLVED, that the Town Board, having held a public hearing on the 13th day of July, 2021 at 2:00 PM to consider adopting Local Law Introductory No. 41-2021, amending the Code of the Town of Huntington, Chapter A202 (Subdivision Regulations and Site Improvement Specifications), and due deliberation having been had; HEREBY ADOPTS Local Law Introductory No. 41-2021 as follows: BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF HUNTINGTON, AS FOLLOWS: LOCAL LAW NO. 43–2021 AMENDING THE CODE OF THE TOWN OF HUNTINGTON CHAPTER A202 (SUBDIVISION AND SITE PLAN REGULATIONS) Section 1. Amendment to Chapter A202 (Subdivision Regulations and Site Improvement Specifications), as follows: CHAPTER A202 db63fb4d-e53b-40c7-b8b9-c7f3f731f0eb 1 Planning/AJA/CAG 7/26/21 8-11-2021 2021-460 SUBDIVISION AND SITE PLAN REGULATIONS * * * APPENDIX I – INVASIVE TREES AND PLANT MATERIAL BOTANICAL NAME COMMON NAME TREES Acer campestre Hedge Maple Acer ginnala Amur Maple Acer palmatum Japanese Maple Acer platanoides Norway Maple Acer pseudoplatanus Sycamore Maple Ailanthus altissima Tree of Heaven Albizia julibrissin Mimosa Tree Alnus glutinosa Black Alder Aralia elata Japanese Angelica Cercidiphyllum japonicum Japanese Katsura Tree Cornus kousa Kousa Dogwood Elaeagnus angustifolia Russian Olive Elaeagnus umbellata Autumn Olive Koelreuteria paniculata Golden Raintree Malus spp. Crabapple Species Morus alba White Mulberry Pawlonia tomentosa Princess Tree Phellodendron amurense Amur Corktree Pinus thunbergii Japanese Black Pine Populus alba White Poplar Prunus avium Bird Cherry Prunus subhirtella Higan Cherry Pyrus calleryana Callery Pear Quercus acutissima Sawtooth Oak Robinia pseudoacacia Black Locust Styphnolobium japonicum Japanese Pagoda Tree Styrax japonicus Japanese Snowbell Syringa reticulata Japanese Tree Lilac Ulmus parvifolia Lacebark Elm Ulmus pumila Siberian Elm Vitex agnus-castus Lilac Chaste Tree Zelkova serrata Japanese Zelkova SHRUBS Berberis thunbergii Japanese Barberry Berberis vulgaris Common Barberry db63fb4d-e53b-40c7-b8b9-c7f3f731f0eb 2 Planning/AJA/CAG 7/26/21 8-11-2021 2021-460 BOTANICAL NAME COMMON NAME Buddleja davidii Butterfly Bush Euonymus alatus Burning Bush Euonymus japonicus Japanese Spindletree Forsythia spp. Forsythia Frangula alnus Smooth Buckthorn Hibiscus syriacus Rose of Sharon Hypericum perforatum Common St. John’s Wort Ilex crenata Japanese Holly Ligustrum spp. Privet Species Lonicera spp. Bush Honeysuckle Species Nandina domestica Heavenly Bamboo Osmanthus heterophyllus Holly Osmanthus Rosa multiflora Multiflora Rose Rosa rugosa Rugosa Rose Rubus phoenicolasius Wineberry Spiraea japonica Japanese Spiraea Taxus baccata English Yew Taxus cuspidata Japanese Yew Viburnum dilatatum Linden Virburnum Viburnum opulus European Cranberrybush Viburnum plicatum Japanese Snowball Viburnum sieboldii Siebold’s Viburnum HERBACEOUS PLANTS/GRASSES Alliaria petiolata Garlic Mustard Artemisia vulgaris Common Mugwort Carex flacca Blue Sedge Carex kobomugi Japanese Sedge Eragrostis curvula Weeping Lovegrass Ficaria verna Lesser Celandine Fallopia japonica Japanese Knotweed Lythrum salicaria Purple Loosestrife Microstegium vimineum Japanese Stiltgrass Miscanthus sinensis Chinese Silver Grass Pachysandra terminalis Japanese Pachysandra Pennisetum alopecuroides Fountain Grass Phalaris arundinacea Reed Canarygrass Phragmites australis Common Reed Phyllostachys spp. Bamboo Species VINES/GROUNDCOVER Akebia quinata Chocolate Vine Ampelopsis brevipedunculata Porcelain Berry Celastrus orbiculatus Oriental Bittersweet Clematis terniflora Sweet Autumn Clematis Euonymus fortunei Wintercreeper Hedera helix English Ivy db63fb4d-e53b-40c7-b8b9-c7f3f731f0eb 3 Planning/AJA/CAG 7/26/21 8-11-2021 2021-460 BOTANICAL NAME COMMON NAME Lonicera spp. Honeysuckle Species Lysimachia nummularia Creeping Jenny Persicaria perfoliata Mile-a-Minute Weed Pueraria montana Kudzu Vinca minor Lesser Periwinkle Wisteria floribunda Japanese Wisteria Wisteria sinensis Chinese Wisteria THE VEGETATION LISTED ABOVE SHALL NOT BE PLANTED AS A RESULT OF THE SUBDIVISION OR SITE PLAN REVIEW PROCESSES. THE ABOVE LIST IS NOT ALL ENCOMPASSING AND ADDITIONAL INVASIVE SPECIES MAY NEED TO BE ADDRESSED AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW DIVISION. THE PLANNING BOARD RESERVES THE RIGHT TO REQUEST THE REMOVAL OF SPECIES INCLUDED IN THIS APPENDIX AS PART OF DEVELOPMENT APPLICATIONS. Section 2. Severability. If any clause, sentence, paragraph, subdivision, section, or other part of this local law shall for any reason be adjudged by any court of competent jurisdiction to be unconstitutional or otherwise invalid, such judgment shall not affect, impair or invalidate the remainder of this local law, and it shall be construed to have been the legislative intent to enact this local law without such unconstitutional or invalid parts therein. Section 3. Effective Date. This local law shall take effect immediately upon filing in the Office of the Secretary of the State of New York. ADDITIONS ARE INDICATED BY UNDERLINE. * * * INDICATES NO CHANGE IN PRESENT TEXT. DELETIONS ARE INDICATED BY [BRACKETS]. VOTE: AYES: 5 NOES: 0 ABSTENTIONS: 0 Supervisor Chad A. Lupinacci AYE Councilwoman Joan A. Cergol AYE Councilman Eugene Cook AYE Councilman Mark A. Cuthbertson AYE Councilman Edmund J. Smyth AYE THE RESOLUTION WAS THEREUPON DECLARED DULY ADOPTED db63fb4d-e53b-40c7-b8b9-c7f3f731f0eb 4 Planning/AJA/CAG 7/26/21 8-11-2021 .
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