LL# 02-2008Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
(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 of Wappinger
Town
Village
Local Law No. 2
of the year 20 08
A local law entitled "Local Law #2 of 2008, Amending the Schedule of Use Regulations -
Nonresidential Districts of the Zoning Law with Regard to Quasi -Public Schools and
Educational Facilities."
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑ County
❑ City of WAPPINGER
0 Town
❑ Village
(TEXT COMMENCES ON NEXT PAGE)
as follows:
(if additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 05/05) Page 1 of 3
LOCAL LAW # 2 OF THE YEAR 2008
A Local Law entitled "Local Law #2 of 2008, Amending the Schedule of Use
Regulations — Nonresidential Districts of the Zoning Law with Regard to Quasi -Public
Schools and Educational Facilities."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1: Title
This Local Law shall be known and cited as "Local Law #2 of 2008, Amending the
Schedule of Use Regulations — Nonresidential Districts of the Zoning Law with Regard
to Quasi -Public Schools and Educational Facilities."
Section 2: Legislative Intent
The intent of the proposed Local Law is to clarify the public and quasi -public uses
permitted in the nonresidential zoning districts.
Section 3: Zoning Amendments
In the Schedule of Use Regulations — Nonresidential Districts, in 240 Attachment 2 of the
Zoning Law, the following use under the heading "Public and Quasi -Public" shall be
amended to read as follows:
Buildings, structures and uses owned or operated by the Town of Wappinger;
buildings, structures and uses of any other governmental entity or district; schools
or educational facilities operated by, on behalf of, or funded by any public school
district or the New York State Education Department; excluding garages,
transportation facilities, dumps and landfills in connection with all of the above
Section 4: 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 5: 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 petition 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 hereof is held inapplicable had been
specifically exempt there from.
Section 6: 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.
(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.)
1 hereby certify that the local law annexed hereto, designated as local law No. 2 of 20 08 of
the t0QU%(t(Town)O of Wappinger was duly passed by the
Town Board on June 23rd 20 08 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
on 20 and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
on 20 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
and was deemed duly adopted
of 20 of
was duly passed by the
on 20 and was (approved)(not approved)
(Elective Chief Executive Officer*)
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
was duly passed by the
on 20 and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20
(Elective Chief Executive Officer*)
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.
Such local
* 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 -239 (Rev. 05/05) Page 2 of 3
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 and was finally adopted in the manner indicated in
paragraph 1 above.
Cler f the cou ty egislative body, City, Town or Village Clerk or
offic designated by local legislative body
(Seal) Date: (a�C;bon
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF DUTCHESS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been
had or taken for the enactment of the local law annexed hereto.
Signature
Albert P. Roberts - Town Attorney
Title
Wappinger
Town
YAMi
Date: Jud- �� 6
DOS -239 (Rev. 05/05) Page 3 of 3