Loading...
LL #4New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Local Law Filing Albany, at 12231-0001 www.dos. state. ny. us/corps (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑County ❑City ❑x Town ❑Village (Select one.) of Wappinger Local Law No. 4 of the year 2014 A local law Amending the Town's Zoning Map for the Purpose of Rezoning a Property to the (Insert Title) Conservation Comercial (CC) District Be it enacted by the Town Board ❑County ❑City (Select one.) of Wappinger (Name of Legislative Body) ❑x Town ❑Village (TEXT COMMENCES ON NEXT PAGE) of the as follows: (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -0239 -f -I (Rev. 06/12) Page 2 of 4 LOCAL LAW #4 OF THE YEAR 2014 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This local law shall be entitled, "A Local Law Amending the Town's Zoning Map for the Purpose of Rezoning a Property to the Conservation Commercial (CC) District." Section 2. Legislative Intent This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. The Town Board believes that it is reasonable and appropriate to amend the Zoning Map associated with Chapter 240, Zoning, of the Town Code. This local law is intended to implement the Town's Comprehensive Plan. Section 3. Changing of Zoning District Designation of Parcel The zoning of the parcel listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcel listed in Section 3 above. Section 5. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Existing New Tax Parcel Subject Property Owner's Name Zoning Zoning Numbers Address and Address District District Patrick S. and Theresa M. 26 Myers Corners Farley 6157-02-787923 Road 24 Argent Drive R-20 CC Poughkeepsie, NY 12508 Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcel listed in Section 3 above. Section 5. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 6. 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 7. 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. JADOCS2\500\Wappinger\Code Amendmts 2014\Farley LL.dhs.doe 2 Local Law Filing Instructions New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 www.dos.ny.gov/corps PLEASE OBSERVE THESE INSTRUCTIONS FOR FILING LOCAL LAWS WITH THE SECRETARY OF STATE 1. Each local law shall be filed with the Secretary of State within 20 days after its final adoption or approval as required by section 27 of the Municipal Home Rule Law. The cited statute provides that a local law shall not become effective before it is filed in the office of the Secretary of State. 2. Each local law to be filed with the Secretary of State shall be an original certified copy. 3. Each local law shall be filed on a form provided by the Department of State. If additional pages are required, they must be the same size as the form. Typewritten copies of the text may be attached to the form. Only legible copies will be accepted. 4. File only the number, title and text of the local law. 5. In the case of a local law amending a previously enacted local law, the text must be that of the law as amended. Do not include any matter in brackets, with a line through it, italicized or underscored to indicate the changes made. The printed number of the bill and explanatory matter must be omitted. 6. For the purpose of filing a local law with the Department of State, number each local law consecutively, beginning with the number one for the first local law filed in each calendar year. The next number in sequence should be applied to each local law when it is submitted for filing, regardless of its date of introduction or adoption. The date of filing of a local law is the date on which the local law is placed on file by the Department. It is suggested that municipalities use introductory identifying bill numbers for proposed local laws. After the local law is enacted (and approved by the voters, if required), the local law should then be numbered with the next consecutive local law number, as described above, and then submitted to the Department for filing. 7. Each copy of a local law filed with the Secretary of State shall have affixed to it a certification by the Clerk of the County legislative body or the City, Town or Village Clerk or other officer designated by the local legislative body. Certification forms are provided herewith. 8. A copy of each local law may be mailed or delivered to: NYS Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231. (DO NOT FILE THIS INSTRUCTION SHEET WITH THE LOCAL LAW.) DOS -0239 -f -I (Rev. 06/12) Page 1 of 4 Local Law Filing Instructions New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 www.dos.ny.gov/corps PLEASE OBSERVE THESE INSTRUCTIONS FOR FILING LOCAL LAWS WITH THE SECRETARY OF STATE 1. Each local law shall be filed with the Secretary of State within 20 days after its final adoption or approval as required by section 27 of the Municipal Home Rule Law. The cited statute provides that a local law shall not become effective before it is filed in the office of the Secretary of State. 2. Each local law to be filed with the Secretary of State shall be an original certified copy. 3. Each local law shall be filed on a form provided by the Department of State. If additional pages are required, they must be the same size as the form. Typewritten copies of the text may be attached to the form. Only legible copies will be accepted. 4. File only the number, title and text of the local law. 5. In the case of a local law amending a previously enacted local law, the text must be that of the law as amended. Do not include any matter in brackets, with a line through it, italicized or underscored to indicate the changes made. The printed number of the bill and explanatory matter must be omitted. 6. For the purpose of filing a local law with the Department of State, number each local law consecutively, beginning with the number one for the first local law filed in each calendar year. The next number in sequence should be applied to each local law when it is submitted for filing, regardless of its date of introduction or adoption. The date of filing of a local law is the date on which the local law is placed on file by the Department. It is suggested that municipalities use introductory identifying bill numbers for proposed local laws. After the local law is enacted (and approved by the voters, if required), the local law should then be numbered with the next consecutive local law number, as described above, and then submitted to the Department for filing. 7. Each copy of a local law filed with the Secretary of State shall have affixed to it a certification by the Clerk of the County legislative body or the City, Town or Village Clerk or other officer designated by the local legislative body. Certification forms are provided herewith. 8. A copy of each local law may be mailed or delivered to: NYS Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231. (DO NOT FILE THIS INSTRUCTION SHEET WITH THE LOCAL LAW.) DOS -0239 -f -I (Rev. 06/12) Page 1 of 4 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 4 of 2014 of the p(2ro`6►lb�)(Town)j W) of Wappinger was duly passed by the Town Board on May 27 2014 in accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the Me, (Name of Legislative Body) 20 , and was (approved)(not approved) (repassed after disapproval) by the (Elective Chief Executive Officer*) on 20m, in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. the (County)(City)(Town)(Village) of (Name of Legislative Body) (repassed after disapproval) by the Me, (Elective Chief Executive Officer*) and was deemed duly adopted of 20 of was duly passed by the 20 , and was (approved)(not approved) on 20 Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of (Name of Legislative Body) (repassed after disapproval) by the was duly passed by the on 20 , and was (approved)(not approved) (Elective Chief Executive Officer*) on 20 . Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS -0239 -f -I (Rev. 06/12) Page 3 of 4 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law,=n= ndicated in paragraph 1 above. Cle f the county legislative bo y, City, Town or Village Clerk or o i r designated by local legislative (body (Seal) Date: f DOS -0239 -f -I (Rev. 06/12) Page 4 of 4