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Recreation Fees Subd. 1972, 1976, 1980, 1987, 1988, 1993, 2004l .34 L ,,,�.� F � V 1 1- G Lo` poC N Raymond H. Arnold, A.I.C.P. ZONING STUDIES TRAFFIC & LAND USE REPORTS ENVIRONMENTAL REVIEWS PLAryIyI[`!G 3465 CURRY STREET, YORKTOWN HEIGHTS, NY 10598 (914) 245-7773 March 8, 1993 RECp1n93.me1 Town of Wappinger Planning Board 20 Middlebush Road, Town Hall, Wappingers Falls NY Through: Zoning Administrator copy to: Attorney to Town Engineer to Town Gentlemen, I have reviewed the -letter datedMarch' 3, '1993. from Mr. Roberts: to Mr. Parsons, pertaining to the "Impact of 'Bayswater' on Recreation Fees or Parklands" and have the following comments to add to this subject - The Planning Board, in all their deliberations on this subject, has been guided by the Town's policy on such matter, as it existed when various subdivisions have been before the Board. such Town Policy has been established by and includes: a. initial adoption of the Master (Comprehensive) Plan in 1963ears b. Implementation of that policy during the tatrn's formative y c. Refinement of the initial policy set forth in such Plan y d. Review & adoption of the 1988 Comprehensive Plan, including the Recreation and Open Space Element publication titled e. Recreation Commission's (adoption of a) P "Recreation Master Plan 1990" Additionally the Planning Board has received comments from the Recreation commission, together with staff report from myself. & the Engineer to the Town, dealing with the needs of the Town & locational parameters for Recreation Areas. All of the above have been an integral part of the PoLiCYof the eedoTown through Wappinger in establishing the needs of the Town and supplying such the subdivision process, as allowed by the state Enabling Statues. The attachments to this letter of transmittal contain portions of the above listed policies for your additional review. I would anticipate referencing such policies., and this letter, in future reports to the Board when reviewing subdivisions (and site plans) and recommending action by the Board. In accordance with Mr. Roberts comments, we will strengthen and detail our subdivision approving resolutions so as to satisfy the "Bayswater" requirement. I would recommend that this item be placed upon a "workshop" agenda for discussion. I would also suggest that the Recreation Commission be invited to the workshop so that we are all in the same "ballpark" in this matter. Respectively submitt d, Ra o dH. d, AICP Planning Consultant TOWN OF WAPPINGER N.Y. RECpin93.mel (cant.) March S. 1993 Page 2 Excerpt from Town of Wappinger Recreation Master Plan - 1990 The plan as published indicated 17 site currently owned by the Town - for Recreation purposes: 1. Robinson Lane active 2. Castle Point active _ - I ,.I. ,� = 3. Spook Hill active 4. Quiet Acres active 5. Martz Field active :.. 6. schlathaus Park active ' 7, Rockingham Park active 8. Montfort Road Building active _ 9. Fleetwood active F 10. Reese Park active 11. Anglebrook undeveloped 12. Briar Lane undeveloped 13. Moccasin Lane undeveloped 14, Tall Trees undeveloped 15. Arkway (Salem Road) undeveloped 16. Ye Olde Apple Orchard active 17. Deer Run Drive undeveloped } Additional Comments - by R. H. Arnold. 3/8193: The above sites were generally acquired through the subdivision process and are generally located in areas of densified development. Eleven of the seventeen sites are active recreation areas while 6 remain undeveloped (to 1990) Additional sites have been acquired through the subdivision process since the 1990 publication. They include: Airport Park @ Airport Drive Subdivision Park @ Noto Development (Woodland Court) The 1990 publication also contains a discussion of lands vs. monies; describes the facilities and uses of each of the active areas; outlines future proposals; and list some proposed land for acquisition. Raymond H. Arnold, 3465 Curry Street Yorktown Heights NY 10598 TOWN OF WAPPINGER N.Y. RECpin93.me1 (cont.) March 8, i993 Page 3 Comprehensive Plan - 1968 The Comprehensive Plan was adopted by the Planning Board after discussion & public hearing in August of 1988. It was based upon studies undertaken by Dutchess County (under contract with the Town) and discussion with various town officials including the Town Board & Planning Board. Three sections are paramount in establishing the necessary basis for implementing recreation reservations (or money -in -lieu) during the subdivision process. The three sections are: Goals & Objectives - Recreation (page 15): Land Use Plan - Floodplain & Recreation (page 22) Open Space Plan (page 25, .map opposite page 25), and -.. Background Studies - Survey Results - Recreation (page 36) Population (page 49) Community Facilities - Recreation (page 109) [Existing] .Land Use (page 153) The three sections are interrelated in forming the foundation upon which "Reservation requirements" are based, during the subdivision review process. Based upon the BACKGROUND STUDIES, a personal knowledge of the desires of the.people of the town, a knowledge of acceptable and desirable planning and locational criteria, and continuous interaction with the Recreation Commission, the GOALS & OBJECTIVES were formalized and the LAND USE PLAN was adopted. The PLAN does not "map" any new sites - this being the function of the Planning Board, upon receipt of an application for subdivision approval, and interaction with the Recreation Commission. Raymond H. Arnold, 3465 Curry Street Yorktown Heights NY 10598 TOWN OF WAPPINGER N.Y. RECpin93.me1 (cont.) March 8, 1993 Page 4 Excerpt }' T014N COMPREHENSIVE PLAN - 1988 Tovm of Wappinger (Recreation Element) - 9. Goal: Encourage recreational and cultural activities that meet the needs of town residents. Objectives: Develop cultural facilities and Programs to serve the needs of the community Locate recreational facilities in such a way that they are compatible with tot -m development patterns Develop recreational facilities that are adequate to serve the tom's current and future populations Improve the potential use of the Chelsea boat ramp, especially through the development of parking facilities Work with the Village of Nappingers Falls to make the best recreational use of Wappinger Lake Improve access to the Hudson River Acquire land for public use %•yell in advance of need Provide an open space network in designated transportation corridors Anticipate future needs and provide appropriate locations for community facilities, to�•m government requirements, and recreation areas Raymond H. Arnold, 3465 Curry Street Yorktown Heights NY 10598 TOWN OF WAPPINGER N.Y. RECpin93.mel (cont.) March 8, 1993 Page 5 Correspondence/Staff reports from R. H. Arnold - pertaining to locational Characteristics LAI-,MN05/Itr November 1, 1988 - Letter to Mr. Ralph Holt pertaining to Recreation lands for the Lawrence subdivision 0AERDG02/mem November 28, 1988 -- Memo to Planning Board pertaining to Recreation lands for Oakridge Subdivision LAWREN06/mem December 12, 1988 - Memo to Planning Board pertaining to Recreation land for Lawrence Subdivision Contains locational characteristics that should be used Additional correspondence: Letter dated February 7, 1989 _ Mr. Ralph Holt to Mr. Herbert Levenson Recreation priorities. Raymond H. Arnold, 3465 Curry Street Yorktown Heights NY 10598 TOWN OF WAPf INGER N.Y. • ��; , . _� RECpin93.me1 (cont. ) March 8, 1993 Page 5 Date March 8, 1993 RECTANDS.Ioc To: Town of Wappinger Planning..'Hoard :. From: Raymond H. Arnold, AICD, Consulting Totm Planner Subject: Locational characteristics - Recreation areas 1. The following locational characteristics were contained in my memo dated December 12, 1988 (LAIgRENOS.mem) during the discussion on the LAIgRENCE SUBDIVISION. and the DISCUSSION OF RECREATION LANDS: , 1. In my letter of November 1, 1988 to the Recreation Commission Chairman, I stated: "The Board did not completely embrace this area for the location of a Torn swimming pool, indicating a neighborhood activity as being more appropriate. I indicated that a soccer field could be built in the flood plain area, malting such area available a major portion of the time, while still providing the measure of flood protection afforded by the flood plain. To this end, I have outlined an appropriate area to the rear of lots 14 through 19. This concept would only work, if the access to the "Park Area" was a fully paved town road, and a paved parking area was included. Additionally neighborhood play equipment could also be provided." 2. I also stated in that letter: "Regardless of the location, the following parameters must be followed, now and in the future whenever the Tovm requires land reservation for recreation purposes. The land must be visible accessible usable, and appropriately located for expansion 3. From the same letter: Additionally - a note of strategy - The park activity center must be built during the home sales period and be in use prior to the first homeowners moving in. The subdivider/developer may not have the use of the area during the construction phase. The land must be deeded to the Town prior to signing of the final plat, with appropriate easement rights granted to the subdivider/developer for access for park construction purposes. Appropriate signage, as to the ownership and use, must be in place prior to the home safes perioRay and H Arnold, 465Cuery Stmaintained. YokiownHeights NY 10598 TOWN OF WAPPINGFR N.Y. RECpin93.mel (cant.) March 8, 1993 Page 7 Future Subdivision review In the future, in considering the need for the reservation of recreation lands (or monies), the following guide will be used: Each subdivision will be reviewed on its face as to: a. How the subdivision fits into the overall existing and future density pattern of the Town b. The location, the composition and level of use of surrounding recreation facilities c. The potential for future expansion or add-on to existing facility d. Its location vs. "Open Space Network" e. Its size f. The potential for more extensive development in other nearby area (future subdivisions) Detail Findings must be made by the Planning Board that: A proper case exist for requiring the developer to show a park on the plat for playground or other recreational purposes The following additional findings will be required in order for the Planning Board to exercise its authority to impose a payment in lieu of setting aside lands for park purposes: That a park or park of adequate size cannot be properly located on the plat or is otherwise not practical. Raymond H. Arnold, 3465 Curry Street Yorktown Heights NY 10598 TOWN OF WAPPINGER N.Y. RECpin93.me1 (cont.) March 8, 1993 Page 8 Town 'of Wappinger Land Subdivision Regulations Section 5.51 Park Reservations 5.511 - General Standards The Planning Board may require that land be reserved within subdivisions for a park or parks suitably located for playground or other recreational purposes. Sugh location shall be as designated on the Town Development Plan ar Official Map, or as otherwise deemed appropriate by the Planning Board. Each reservation shall be of suitable size, dimensions,' topography and general character, and shall have adequate street access, for the particular purpose or purposes envisioned by the Planning Board, taking into consideration the recommendations of the Recreation Commission. The area shall be shown and marked on the plat as "Reserved for Park Purposes." 5.512 - Minimum Size The Planning Board may require the reservation of up to 100 of the area of the subdivision for recreation purposes. In general, it is desirable that land reserved for park and playground purposes have an area of at. least 1. acres. The Board may require that such areas be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided. 5.513 -- Ownership of Park Areas The ownership of reservations for park purposes shall be clearly indicated on the plat and established in a manner satisfactory to the Planning Board so as to assure their proper future continuation and maintenance. 5.514 - Cash Payment in Lieu of Reservation Where the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in a subdivision, or where such a reservation is otherVi.se not appropriate or practical, the Board may require, as athe condition to approval of any such plat, a payor Town of a sum determined for such cases by the Town Board, as follows: For 1 thru 5 lots, there shall be no fee; For 6 thru 9 lots, the appropriate fee shall be paid to the Towyn; For 10 or more lots, the Planning Board shall determine whether to require the reservation of land, or payment of the appropriate fee. Ravmond H. Arnold, 3465 Curry Street Yorktown Heights NY 10598 GERALD A. VERGMIS* KENNI;TII M. STENGER ALBERT P, R013ERTS IRA A. PERGAMENT ANTONIA T. LUCIA JOAN F. GARRETT** THOMAS R. DAVIS TODD N, ROBTNSON** `ADN=D TO PRACTICE IN NY & FLA. "ADN TIED TO PRACTICE IN NY & CONN, December 16, 1998 VERGYLIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1616 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (914) 298-2000 FAX (914) 299-2942 Town Board Town of Wappinger P.O. Box 324 Wappingers Falls, NY 12590 Attn: Hon. Constance O. Smith, Supervisor Re: Fee Schedule — Subdivision Recreation Fees Dear Connie and Board Members: LEGAL ASSISTANTS: DALE O'DONNELL AMY E. WOODARD POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (4 14) 452-1046 ADDRESS RFPLY TD: ( } POUGHKEEPSIE ( ) WAPPINGERS In anticipation of Monday's meeting regarding the Fee Schedule, it is my recommendation that the Board re-examine its policy on subdivision recreation fees. At present, subdivision recreation fees are exempted from subdivisions contailung five or less lots. I am not sure of the exact historical origin for this policy, however, I believe the intention was to exempt the small property owner who wanted to give a lot or two to a child. I know of no other municipality that has such a policy. Whenever a new lot is created, it is only a matter of time before a new house is built and a new family moves in with their attendant recreational noccls. It is my recotnn-lendation that every new lot created pay a subdivision recreation fee. Very truly yours, VERGILIS, STENGER, ROBERTS. & PERGAMENT ALBEIT P. ROBERTS APRllth, �-. cc: Hon. Robert Valdati, Councilman (sent to home address) Hon. Joseph Ruggiero, Councilman (sent to home address) Hon. Vincent Bettina, Councilman (sent to home address) Hon. Joseph P. Paoloni, Councilman (sent to home address) Joseph E. Paggi, Jr., RE. Daniel K. Wery Planning Board, Attn: Philip DiNonno, Chi-drnian CURRENT FEE SCHEDULE SUBDIVISION FEES: 9300.00 for the application, plus $100.00 per lot, non-refundable. DOWNSTREAM DRAINAGE FEE: $200.00 per newly created building lot. SITE PLAN: 6300.00 for the application, plus $100 per 1000 sq. ft. of gross floor area of the building_ Plus A10.00 per parking space up to 10 Plus $ 5.00 per parking space 11 to 100 Plus 4.00 per parking space 101 and above These fees should be non-refundable. ' DOWNSTREAM DRAINAGE FEE -COMMERCIAL PROPERTY: .15 per sa. ft. of newly created .roofed area or areas covered with impervious material. COPY WORK $ .25 per copy. RECREATION FEE: For 1 thru 5 lots, no fee; For 6 thru 9 lots; $1500.00 per lot; For 10 or more lots, the Planning Board shall determine whether to require' the reservation of land; or payment of $1500.00 per lot. AMENDED SITE PLAN: $150.00 for each application, plus same fee as Site Plan for additional Qross floor area and additional parking spaces. ZONING BOARD OF APPEALS $35.00 application fee for all appeals per zoning amendment to Section 515.1.of the Town of Wappinger Zoning Ordinance. said amendment adopted 10/13/82 Please note that appellants will be billed by the local newspaper for the legal notice-. Special Use Permit applications are subject to site Plan/Special Use Permit.f ee schedule. Escrow Funds - See attached schedule. Effective date March 16r 1989- -'I . SUPEI4VISOR IRENE M. PAIND TOWN O•F WAPPiNGER T D W N C LE R K- S OF F1 C E 20 MIDDLEBUSH ROAD p O. BOX 324 WAPPINGERS FALLS, N. Y. 12590-D324 (9187 287-5771 • ELAINE K- SNOWDEN TOWN CLERK March 3, 1987 TOWN COUNCIL VINCENT G. FARINA GERARD J. MCCL1151"EY DAViU F- REIS JUNE A. VISCDNT, Memo To: Ralph Holt, Chairman Recreation Commission Fr 0m: Town Clerk's Office actions were taken at the regular meeting of The following 1987: the Town Board on March 2, Increase of fees in lieu of land for recreation from to55D. The Engineer was authorized -to prepare specs for bathroom h facilities at the spook Sill Recreation Area, for bidding. DireCt Bernard Reiner appointed as Recreation pointedas salary of $4,500, prorated John Vorndofn$15,000, prorated. Maintenance Supervisor, annual salary bid on,the Chelsea Boat Ramp was Your request to go tabled fcr.discussi•to on on some ite Elaine H. Snowden Town Clerk gr A■UrrHVISOR LOUIS b. DIEHL Skj", Of HIGHWAYd WILLIAM P. NORTON TOWN OF WAPPINGER TOWN CLERK ' S OFFICE MILL STREET WAPPINGERS FALLS, N. Y. 12590 ELAINE H. SNOWDEN TOWN CLERK Planning Board Town of Wappinger Mill Street Wappingers Falls, N.Y. i2590 Dear Board Members: Ma -F 15, 1980 TOWN caUt4CIL NICHOLAS S. JOHN5DN HERNICE R, MILLS JANET M. REILLY FRANCIS J. VERSAGZ Re : P.ecreation Dedication— Money in Lieu of Land At the regular meeting of the Town Board of the Town of Wappinger held May 12,•1980, a motion was made by Councilman Versace, seconded by Councilwoman Mills and unanimously carried to increase the fee of $300 to $500 per lot when money is accepted in lieu of land in new developments. yours very truly, Elaine Ho Snowden Town Clerk gr curcRv�eox LOUIS D. DIEHL sUrT. OF W014WAVS WILLIAM P. HORTON TOWN OF WAPPINGER TOWN CLERK'S OFFICE MILL STREET WAPPINGERS FALLS. N. Y. 12590 ELAINE'H- SNOWDEN TOWN CLERK cour�c�Lucn Lp[1tS C. CLAUSEN LEIF W. JENSEN NMHDLAS S. JOHNSON j FRANK P. VERSACE i Aug. 16, 1976 Planning Board Town of Wappinger Mill street Wappingers Falls, N.Y. Gentlemen: At the regular meeting of the Town Board of the Town -of Wappinger held Aug. 9, 1976, 'a motion was unanimously passed to increase money in lieu o300and flotrecreation, in new developments from $100 to $ P Yours truly,, Elaine 11. snowden Town Clerk f, TOWN OF WAPPINGER . TOWN CLERK'S OFFICE MILL. STREET COUNCILMEN SUPERVISOR WAPPINGE=R5 FALLS, N. Y. 12590 LOUIS G. CLAu5EN LOUIS D. DIEHL HARRY F. HOLT ELAINE H. SNOWDEN TOWN CLERK L.EJF W. JENSEN SUPT, OF HIGHWAYS- of�'fcE HGifRs STEPHEN M. SALAND WILLIAM P. HORTON 9 A. M. To A P. M. August 28, 1972 Planning Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Gentlemen: At the Town Board meeting held August 14, 1972, a motion was made by Mr. Jensen, seconded by Mr. Clausen and unanimously carried to adopt the following policy in reference to recreation land. A developer may donate land for recreational purposes or the sum of $100.00 per lot in the development for recreational purposes. This decision. will be the responsibility of the Planning Board and the Recreation. Commission and each donation should be considered individually. EHS:gr I 7 Yours truly, r �. Elaine H. Snowden Town Clerk AUG 2 8 SOWNXfiAVrJNGER P1JtiNNlNG BARD BY nr� LOCAL LAW A LOCAL LAW INCREASING THE RECREATIONAL FEES OF THE TOWN OF WAPPINGER SECTION 1. Legislative Intent The Zoning Ordinance and the Subdivision Regulations of the Town of Wappinger presently require payment of a Recreation fee upon the approval of a subdivsHon based on a per lot amount. The Town Board determines that the amounts to be paid per lot is in need of being adjusted and by this Local Law seeks to adjust the amount of the Recreation fee. SECTION 2. Recreation Fee Established. The Town Board of the Town of Wappinger shall by Resolution adopted from time to time set fee tq be known as the Recreation Fee to be paid 9h� on subdivisiorx prior to the release of the Subdivision Map to the developer. Said fee shall be determined by the Town Board and shall be calculated by the Zoning Administrator. % SECTION 3. Effective Date This Local Law shall take effect immediately upon its filing with the Secretary of State. f �1`� , v � UIQ �.LP BY ORDER OF THE TOWN BOARD TOWN OF WAPPINGER BY: ELAINE SNOWDEN TOWN CLERK LOCAL LAW '° AMENDING LOCAL LAW #12 OF .1988 INCREASING RECREATIONAL FEES OF THE TOWN OF WAPPINGER Section 1. Local Law #12 of 1988 is hereby amended by amending Section 2 thereof to read as follows: "SECTION 2. Recreation Fee Established. of the Town LawBoard ofothethe Town of Wappinger, pursuant to §276 State of New York hereby establishes a fee to be known as the Subdivision Recreation Fee, which fee is to be paid per lot subdivided whenever lands are subdivided pursuant to the Subdivision Regulations of the Town of Wappinger. Said fees shall be paid prior to endorsement of the final subdivision plat by the Chairman of the Planning Board." Section 2. Local Law #12 of 1988 is further amended by deleting Section 3 as adopted and adopting a new Section 3 as follows: "Section 3. Subdivision Recreation Fee. The Subdivision Recreation Fee is hereby set at $1,500.00 per lot subdivided, pursuant to Subdivision Regulations of tTown fppersubdivision shall be e�Town Law the State of New York § and 277 calculated by the Zoning Administrator. Section 3. Effective Date. This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by law. AA� Local t NEW YORK STATE DtPARTHENT OF STATE Local Law Filing 142 VASIIINCTON AVENUE, ALBANY, NY 12231 (Use this form to file a IOCnl JAIV with the Secretary of State.) Text or law should he given. as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. .I�of ...........WapP RE ........................................... ............................... wn Local Lair Nu. 19.9.. . A local law .Amendzng Local Law #12 of 19$$ Increasing Recreational Fees ......................... 5................ (Insert Title) of The Town o Wapp� ager Be it enacted by the ....Town B ... Board ..................................................................................................or .the (Name of Lcgislativc Body) 17�mff-f I'Hy or .........wap -F i—ng r...................................................................................... Town 7rtf mig TEXT COMMENCES ON NEXT PAGE ......... as follows: (If addi�ionai space is needed, attach passes ille 5ari]C Sizc as this sllcct, and number caciti.} (I) Wlease Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being y eliminated and do not use italics or underlining to indicate new matter. awn of ...WABPINGER ............................. ......... . XNI,�e Local Law No. ..I? .................... of the year 19 .88...... . A local law. •the• -Town- of- Wappinger (insert side) Be it enacted by the...... Town•Board•••••••••••••••• "' ''....................... ofthe (Name of Legislative Body) �itAHL�y AHKas follows: 'Down of ....Wappinger,, ....... SECTION 1. Legislative Intent The Zoning Ordinance and the Subdivision Regulations of the Town of Wappinger presently require payment of a Recreation fee upon the approval of a subdivision based on a per lot amount. The Town Board determines that the amounts to be paid per lot is in need of being adjusted and by..this Local Law seeks to adjust the amount of the Recreation fee. SECTION 2. Recreation Fee Established T$e Town Board of the Town of Wappinger shall by resolution adopted from time to time set a fee to be known as the Recreation Fee to be paid on subdivisions designated by Planning Board prior to the release of the Subdivision Map to the developer. Said fee shall be determined by the Town Board and shall be calculated by the Zoning Administrator. SECTION 3. Effective Date This Local Law shall take effect immediately upon its filing with the Secretary of State. 9f g1q'�Y-`- _ Noo (If additional space is needed, please attach sheets of the same size as this and number each) (1) (PleaCse Use this Form for Filing your 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. own of ... WAXP INGER...........................•...•.......... X}11 Local Law No. • .12 .................... of the year 19 .88...... . A local law .Increasing• tbO. ';'PXPPti0.nal..Fe-es.-of . -the. •Tour;• of - Wappinger, - (InscrlUllC) Be it enacted by the ..... • Town -Board .................. • • • • • • • " " of the (Name of Lcgislative Body) . Cow Town of .. Wappinger.:............. • ............ • ...... • ........ , as follows: �u�Se SECTION 1. Leaislative Intent The Zoning Ordinance and the Subdivision Regulations of the Town of Wappinger presently require payment of a Recreation fee upon the approval of a subdivision based on a per lot amount. The Town Board determines that the amounts to be paid per lot is in need of being adjusted and by -this Local Law seeks to adjust the amount of the Recreation fee. SECTION 2. Recreation Fee Established TAe Town Board of the Town of Wappinger shall by resolution adopted from time to time set a fee to be known as the Recreation Fee to be paid on subdivisions designated by Planning Board prior to the release of the Subdivision Map to the developer. Said fee shall be determined by the Town Board and shall be calculated by the Zoning Administrator. SECTION 3. Effective Da This Local Law shall take effect immediately upon its filing with the Secretary of State. ((f additional space is needed, please attach sheets of the same size as this and number each) (1) 216 The Attorney thought that perhaps this would require an amendment to the Zoning Ordinance and would investigate the procedure. MRS. PAINO moved that the Town establish a policy that the Recreation Commission, in conjunction,with.the Planning_-Board;___acquirezland.:fxom the d6veloper,:rather.than.cash payment for each lot, whenever possible. Seconded by Mrs Smith Motion Unanimously Carried Mr. Farina wished to have discussion on this motion and noted that building lots in Dutchess County cost anywhere from $60,000 to $80,000 and our Ordinance states that a developer must give 10% of an approved subdivision lot for land for recreation, so the developer is getting a real bargain. He and Mr. Holt discussed the concept of establishing a land bank which would allow a developer to donate land from other property he owns in the Town other than that particular subdivi!on, if acceptable to the Town. Based on these figures, he would recommend the sum of $1,000.00 be assessed to the developer; he did, however, vote for the motion of $900 per lot when the vote was taken. MRS. PAINO moved to authorize the Attorney to investigate the ,legality astablishing a .-_and bank in regard to developers donating laid .for recreation purposes. Seconded by Mr. Farina Motion Unanimously Carrigd The Highway Superintendent wrote to the Town Board regarding thea_ contract for the chipper which the Supervisor was previously authorized to sign. It has not come back to his desk and in order to receive the equipment, he needs to present the contract to the supplier. Mrs. Paino noted that the contract was in the possession of the Attorney and she will forward it to Mr. Croshier tomorrow. Notification was received from the New York State Department of Transportation establishing a speed limit of 30 MPH in the Royal Ridge Development, which was formerly 35 MPH. A copy was forwarded to Mr. Croshier_which authorizes him to install the proper,signs in that area. MRS. SMITH moved to accept the correspondence and place it on file. Seconded by Mr. Farina Motion Unanimously Carried 215 determine the actual boundaries of the Town land. Mr. Holt had discussed the swap of lands and Mr. Paggi had prepared a sketch for the Board's review, however, he has been advised by the Town Clerk that recreation property transfer requires special action. The Attorney stated that it would have to be taken into consideration with the State Legislature which cannot happen until they go into session in 1989. C j MRS. PAINO moved to authorize the Attorney to prepare a resolution to submit to the State Legislators for their consideration when their session reconvenes. Seconded by Mrs. Smith Motion Unanimously Carried There was some discussion on the sketch presented due to the fact that it was not an even swap in that Mr. Fulton would be acquiring more land. During many meetings between Mr. Fulton and Mr. Holt, this was mutually agreed for the benefit to better access to the barn for the Recreation Commission. It was agreed that further discussion was needed and a future work shop would be scheduled with the Commission to determine if the sketch should be amended. Another request from Mr. Holt was for permission to spend up to $600.00 from the Schlathaus Fund to have four circuits wired for the stage at the Schlathaus Park. MRS. SMITH moved to grant permission to the Recreation Commission to expend $600.00 from the Schlathaus Fund, as requested. Seconded by Mr. Valdati Motion Unanimously Carried Nancy Drennan, Recreation Commission Member, requested the Board to consider raising the fees in lieu of land to $900.00 from developers; the present fee is $650.00 and after research of adjacent towns, she felt the $900.00 was a fair fee. She assured the Board in this letter, that the Commission's position will always be to first take land when- ever possible; fees are taken only when the land is unacceptable for various reasons. The Town ofLaGrangecharges $600'per building lot, Poughkeepsie --$800, East Fishkill--$900 and Fishkill--$1,000. MRS. PAINO moved to raise the fees in lieu of land for recreation to $900.00 per lot. Seconded by Mr. Farina Motion Unanimously Carried A August 28, 1972, Planning Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Gentlemen: At the Tovrn }hoard meeting held August 14, 192, a: otip = was made by Nr. Jensen, seconded by Mr. Clausen ane unL i-mously carried to adopt the following policy L re --L -nce to re.cy ea': z.lard. A developer may donate " a _d for -� ecreativrta� r �r pose � _ the sum of $x,00.00 per lot i-. the develo6ment for _eco -at2on , 3 pa— sum This decision will be the responsibility of the��ar` and the Recreation Commission and each donation should be consicered individually, Yours truly, plc2Z H. sn.00den Tovna Clerk 11/71 -- The information contailied in this letter was incorporated' in the 11/11/71 minutes of the Recreation Cammisaian meeting. fjj/ yAr.LArr E. RAFFLETEA Y J ATTORNEY AND COUNSELLOR AT LAW 6 LAFAYETTE PLACE. POUGHKEZ FPSIV, NFW YORK 12601 TELEPHONE 454-0503 November 9tho 1971 Planning Board Town of Wappinger Town Hall Wappingers Falls, NY Re: Recreation'Area in Plats Gentlemen: Pursuant to the provisions of the Town Law the amount of property established for a park in each subdivision is to be determined by the Planning Board. In the event there is not suitable land for recreation in the developmeut,,the Planning Board may establish a payment to be made to the Town in lieu of the establishment of a recreation area. The amount of this payment, however, is subject to the approval of the Town Board. Very truly yours, ALLAN E. RAPPLEYEA AER: t j f cc: VXecreation Commission Town Hall 12590 Wappingers Falls,,NY RBCRBAT7 ON C OWLI ON TOWN OF WA►PPiNGER TOWN CLERK'S OFFICE MILL STREET COL12Cl L1fEN SUPERVISOR WAPPINGERS FALLS, N. Y. 12590 LblllS C. CLALISEI`1 LOCHS D. DIEHL G. DONALD FINNAN ELAINE H. SNOWDEN i TOWN CLERK HARRY F. HOLT SUPT. Oa HjC;HWAYB OFFICE NauRs JAMES MILLS, JR. WILLIAM P. NORTON 9 A. M. TO A P. M. August 319 1971 planning Board Town of Wappinger vill Street Wappingers Falls, N. Y. 12590 Re: Acquisition of Recreational land from Developers Gentlemen: We refer to your letter of Ida.rch 59 1971 and respectfully request that you give consideration to the following: F 1. A change in the land donation from 5% to 10% be made. 2. A unit fee of $100 be set as a money contribution in lieu of land. Very truly yours, Hugh T. Maurer Chairman Recreation Commission HJM:ecw Cc _ ice. fi PLANNING BOARD TOWN OF WA:PPINGER TOWN HALL WAPPINGERS FALLS, NEW YORK 12590 TEL. 297-9941 March 5, 1971 Recreation Commission Town of Wappinger Mill Street Wappingers Falls, New York 12590 Gentlemen: You will recall that, in April 1970, the Planning Board voted against accepting your recommendations regarding acquisition of recreational land from developers. Your Commission again asked for action, following which the Planning Board appointed a Committee to study this matter. A report was received from said Committee, and following are the Planning Board's recommendations regarding acquisition of recreational land from developers: 1. Subdivisions of 20.acres or more are subject to 5a/ recreation donations prior to final approval. Acceptance to be based on Recreation commission and Planning Board approval, If land not acceptable a contribution in lieu of land be accepted. The amount to be determined by the 5% rule as to acreage and value of acreage; to be determined by assessed value at time of final approval. Monies so received must be used in an area which could logically be used by those residents of development involved in contribution. 2. Money contribution in lieu of land based onsamount per lot is.unacceptable; as there is a great variation in value of lots, and thus a form of discrimination which could lead to legal test. 3. Taking of many small parcels is not recommended as they are difficult to develop and manage. It is recommended that the monies received be used to develop the existing PLANNING BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS, NEW YORK 12590 Tat„ 297-9941 _Z- March 5, 1971 Recreation Commission town facilities. The development and maintenance of recreation facilities is truly a general town obligation and should be met by tax revenues and not alone by new developments. 4_ in all cases where land itotthenreq iremente area cofttheuted must be graded according ranted by Town Engineer. No final approval should be g the Planning Board, until a deed has been received and approved by the Town Attorney, and approval obtained from the Engineer to the Town_ No final approval by the Planning Board where cash in lieu has been agreed upon, unless cash.or a certified check shall have been received by the Town Board. 5. The state of the recreation land set aside shall be made a condition of final approval. It is the intention of the Planning Board. tha��erecreational purposesshould any improvements of the land set aside, for restricted to rough grading. yours very truly, Susan J. Pike, Secretary Town of Wappinger Planning Board SJP/dlh CC: Town Board 41 �1 4r� � June 17, 1970 I)r. Robert Y. He -.filer, Chairman 'a",own of 'f ap rin ex Planning Board Kilw Street Wappingers Falls, N. V. Dear Dr. Heisler: man you advice when y011 Plan to take action on our recormenda*ions for a,cquieiLxon of recreation lands which were submitted to yo4a with our letter of Aril 17,p 1970? Very truly yours, Hugh J. X:aurer chairman ALLAN E. RAPPLEXBA. ATTORNEY AND COUNSELLOR AT LAW .. 6 LAFAYETTE PLACE POUGHKEEPSM NEW YORK 12601 TcLEPHOKE GL 4-0503 June.2, 1970 Town of Wappinger Planning Board Town Hall Wappingers.: -Falls, .NY Re: Recreation Lands and Subdivisions Gentlemen: At a meeting of the Recreation Commission on May 29, 1970, it was suggested that I write to you to spell out my statement to the Recreation Commis- sion concerning recreation lands and subdivisions. Section 277 Subdivision 1 of the Town Law pro- vides that planning boards may require that suitable lands be devoted to a recreation area and that such area be improved to the extent required by the plan- ning board. There is no exact definition of what is suitable nor is there any exact requirement for a specific land area. The Recreation Commission understands that this question lies within your province, but they would like to be consulted prior to any approval of sub- divisions and they would like an opportunity to walk the land with the Planning Board and to render advise to the Planning Board as to the suitability of the land. While each case would depend upon its own merits, the Recreation Commission believes ten (10) percent of the land should be devoted to the recreation. In certain cases where par V lands are located nearby, the Commission believes that the sum of $250.00 Town of Wappinger -2- 6/2/74 Planning Board per lot would be a suitable alternate. If you wish, I will assist in corporating any of these recommendations a`�t your subdivision regulations. Very truly yours, ALLAN E. RAPPLEYEA AER: tjf cc;t/Kecreation Commission Town of Wappinger Town Hall Wappingers Falls, New York April 17v 1970 Dr. Robert Y. Bei sler, Chairman Town of Wappinger Alar njng Board 11 Street a.ppingers Falls, N. Y. 12590 Dear Dr. Heisler: ,We are enclosing herewith our reonmmend ticn-s fOr your consideration regarding acquisition of recreational .and from developers. Very truly youre, Hugh j. Mause r, Chai rmma mareatian Commission e aw encl. - 3 c c : Mr. Louis D. Ohl UT-; . Elaine H, Snowden April. 11, 1910 on subdivi s'i ons SO provide a recreation area for its .own residents wad &ohas not aediaate land to the Town, request that a bond be posted witb the T awn to oaver the improve- Ments that that Aevelcper acrees to provide. MOO it Vonld be understood that if the park is abandoned ly the devaWl per It would revert to the Torn. if not OOMP .etud, the TO" Y'll call the bond 2. Recommend a change from 5.1 to 10 fay ary gubdiviaion to cover acreage for recreational purposes. Al'a' o to re er e the right to take money in lieu of land. We suggest that the mat 3ing Board toteider a fee of $250.00 per 10t. 3 . That the Recreation commission receive a cagy of every prellninary Map .and charges as tKy ocour. 4. Prior to the a tceptance of the deed for a recreation area witbin a subdivision the peoreat i an Commissian recommends that the land in question remain in the same condi wi cn as it >ron at the time of inorection unless written apprMal Is given by the Recreatian Co eficn. VERGMIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP AT'T'ORNEYS AND COUNSELORS AT LAW FROM: Albert P. Roberts and Karen P. MacNish RE: Current Town Fee Our File No.: 12951-0691 DATE: February 20, 2004 OF COUNSEL: LRA A. PERC-AMENT LEGAL ASSISTANT: AMY E. DECARLO poiiGHKEEPSIE: OFFICE 276 MAIN MALL POUGffKE£PSTE, NY 12601 (845) 452-1046 PIKE PLAINS OFFICE 2990 CHUkCH ST. P.O. BOX 21 PINE. PLAINS, NY 12567 (518) 398-9857 AT)DRESS REPLY TO: t } FOUGHXSEPSIE ( } WAPPINGER.S ( ) PINE PLAINS The following is a list of the fees that are currently charged by the Town for all of the fees listed in the Town. Code, This list is set up chapter by chapter in order that it may be used by the Town Board members as a side-by-side comparison with the proposed local law on fees, which is set up in the same manner. As part of the proposed local law, each section of each chapter of the Code addressing the fees called for in that chapter has been amended to the extent of taking out the actual fee amount from that section (if any was listed), and replacing it with a reference to the Schedule of Fees, which will be located in Chapter 122 of the Code, Article N. The following is the list of current fees CURRENT FEES A. Chapter 1. General Provisions. (1) §1-9. Sale of the Code Book: $125.00 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 GERALD A. VERGILIS KBNNETTI M. STENGER (845) 298-2000 ALBERT P- ROBERTS FAX (845) 298-2842 LOUIS J. VIGLOTTI JOAN 1. GARRETT** e-mail: VSRP0BestWe6.net THOMAS R. DAVIS EMANTUEL F SARIS KAREN P. MACNISH KEVIN T. MCDERMOTT STEVEN K PMERSON JAY B.RENFRO *ADMITTED TO PRACTICE IN NY & FLA. **AD74UT = TO PRACTICE . IN NY & CONN. MEMORANDUM TO: Hon. Joseph Ruggerio, Supervisor Hon. Robert L. Valdati, Councilman Hon. Vincent F. Bettina, Councilman Hon. Joseph P. Paoloni, Councilman Hon. Maureen McCarthy, Councilwoman FROM: Albert P. Roberts and Karen P. MacNish RE: Current Town Fee Our File No.: 12951-0691 DATE: February 20, 2004 OF COUNSEL: LRA A. PERC-AMENT LEGAL ASSISTANT: AMY E. DECARLO poiiGHKEEPSIE: OFFICE 276 MAIN MALL POUGffKE£PSTE, NY 12601 (845) 452-1046 PIKE PLAINS OFFICE 2990 CHUkCH ST. P.O. BOX 21 PINE. PLAINS, NY 12567 (518) 398-9857 AT)DRESS REPLY TO: t } FOUGHXSEPSIE ( } WAPPINGER.S ( ) PINE PLAINS The following is a list of the fees that are currently charged by the Town for all of the fees listed in the Town. Code, This list is set up chapter by chapter in order that it may be used by the Town Board members as a side-by-side comparison with the proposed local law on fees, which is set up in the same manner. As part of the proposed local law, each section of each chapter of the Code addressing the fees called for in that chapter has been amended to the extent of taking out the actual fee amount from that section (if any was listed), and replacing it with a reference to the Schedule of Fees, which will be located in Chapter 122 of the Code, Article N. The following is the list of current fees CURRENT FEES A. Chapter 1. General Provisions. (1) §1-9. Sale of the Code Book: $125.00 (6) §240-108. Building Permit Fees: NOTE: I believe George Kolb is providing A breakdown of the current building permit and departmental fees. (7) §240-110. Escrow Funds: For SUBDIVISIONS, the applicant shall deposit and maintain a sum calculated as follows: Number of lots Amount 0-2 $ 3,750.00 3-10 $ 7,500.00 11-35 $22,500.00 >35 $52,500.00 For SITE PLANS & REGULAR SPECIAL USE PERMITS, the applicant shall deposit and maintain a sum calculated as follows: ' Square Footage Amount 6 to 3,000 $ 3;750.00 3,001 to 20,000 $ 7,500.00 20,001 to 50,000 $22,500.00 >50,000 $52,500.00 For MINOR APPLICATIONS2, the applicant shall deposit and maintain a sum calculated as follows: $500.00 z Includes: Accessory Apartments; Professional Office or Studio Uses in a Residence; Home Occupations involving onsite clients, visitors, customer or patrons; lot line changes and land transfers which result in conforming lots and which involve less than 10% of the minimum lot area of each involved lot; and subdivisions in which no new building lots are created. YORK STATE DEPARTMENT OF STATE ,Local Law Filing NEW 41 STATE STREET; ALBANY, NY 12231 (Use this farm 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. xxW Tof --- -Wapl�i er--------------------------------------------- ----- Local, Law No. ___------ It4----------------------- of the year 20__-Q4 A local Jaw---- en.titled__"ZoczI_Zau_Na -------- Qin_ 1� _Year _2Q04,_-Amendini--------------- --- Chapter 122 and various other sections of the Town of ----WappinZer -Code ---------------------------------------------------------------------- Beit enacted by the ---------Tov Board - - - ----------------------------------- --------------------------- of the fNnm�r ojLedirlative lady) fta Wappa.nger------____-- as follows: of ----- -- ----- --------------------------------------------------------- Town . TEKT COHMENCE5 ON NEXT PAGE (If additional space is needed, attach pages //the same size as this sheet, and number each.) DOS -239 (Rev. 11/99) l�� LOCAL LAW NO.I4 - OF THE YEAR 2004 A Local Law entitled "Local Law No. of the Year 2004,. Amending Chapter 122 and various other sections of the Town of Wappinger Code". BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: 11 ir This Local Law shall be known and cited as Town of Wappinger "Local Law No.#4 of the Year 2004, Amending Chapter 122 and various other sections of the Town of Wappinger Code" and by the adoption thereof, shall amend Chapter 122 to include a new Article, Article IV, to include a Schedule of Fees charged by the Town for various permits, licenses, and other activities, as set forth below, and which shall also amend various sections of the Town Code, and which shall also increase and/or modify the calculation of some of the fees charged by the Town. Section It: Legislative Intent:., The Town. Board has determined that it is in the best interest of the Town and its residents to clearly and concisely enumerate the fees charged by the Town for various permits, licenses.and other activities regulated by the Town. The Town Board has further. determined that enumerating all such fees in one location in the. Town Code will provide residents of the Town with easy access to the fees charged by the Town, and will.help to ensure uniform application of Town fees. The Town Board has further determined that some of the fees charged by the Town are insufficient for the work being performed, have not been adjusted for many years (in some cases, decades), and some are calculated in a confusing or unclear manner. As such, -some of the fees are in need of being raised to more reasonable and current rates, and/or are in need of being subject to new formulas for' calculating. Accordingly, it is the determination. of the Town Board that Chapter122 of 11Vsrp03%Cammon\Wappinger\Town Hoard%LOCAL LAWIFeeslLaw-ResGI-Hearing.doc the Town of Wappinger Code should be amended to include a new Article, known as "Article TV", "Schedule of Fees", to enumerate, and in some instances increase and/or modify the calculations of, the fees charged by the Town for various permits, licenses and other activities regulated by the Town. It is the further determination of the Town Board that `other sections of the Town Code which reference fees for vanou , permits, licenses and - other activities should be amended to make reference to the new article (Article N) of Chapter 122 of the Code. Section III: The Town of Wappinger Code Chapter122 ("Fees") is hereby amended by adding the following Article, "Article IV", "Schedule of Fees", which shall appear in Chapter 122 of the Town. of Wappinger Code following the current text of Chapter 122 as follows: Article . V Schedule of Fees §122-14.. Purpose. This article proposes to provide a consolidated schedule of fees to be charged by the Town of Wappinger in the administration of town laws, ordinances, regulations and local law and to permit periodic review and modification of such fees, by the Town Board by local law adopted in accordance with this chapter. §122-15. Applicability. The fees set forth in this article shall apply to the provisions of all local laws, ordinances, regulations acid resolutions adopted by the Town of Wappinger and shall supersede any specific fee contained or referred to in such laws, ordinances, regulations or resolutions which have been adopted prior to the date of this article.- References to section numbers (denoted by the "§" symbol) within section 122-16 of this article refer to sections of the Code 'of the Town of Wappinger from which the particular fee in question is derived. If no section number is . indica#ed for a particular fee, that fee was enacted at the time of adoption of this article by local law. §122-16. Fee Schedule. The fee schedule shall be as follows: A. Chapter 1. General Provisions. (1) §1-9. Sale of the Code Book: $125.00 \1Vstp03\Cammon\Wappinger\To%vn Rnar&LOCAL LAYAFeeslLaw7R2ol-Hearin$.doc B. Chapter 50, Records. (1.) §50-7.A. Copies: $0.25 per page (2) §50-7.B. Certification: $0.25 C. Chapter 68. Animals. (1) §68-8.13, Redemption Fees' :$50.00 for 1St occasion $100.00 for 2" occasion $200.00 for 3rd, and subsequent, occasion(s) (2) §68-10. Adoption: $20.00 D. Chapter 71. Assemblies, Mass Public. (1) §71-4.B. and 71-9. Permit Application Fee: $35.00 per day E. Chapter 80. Blasting. (1) §80-5.A. Blaster's License: $50.00 (2) §80-5.C. 'Blaster's License Renewal or Extension: $10.00 per day F. Chaptear 133. Flood Damage Prevention. (1) §133-11.B. Floodplain Development Permit Fee: $50.00 G. Chapter 143. Garage and Yard Sales, Garage/Yara Sale Permit: No Fee H. Chapter 153. Junkyards. (1) §153-5.A. License Fee: $200.00 per year (2) § 153-5.A Subsequent inspections for failure to comply: $50.00 per inspection All Redemption fees in this Chapter may also include the additional costs of kenneling and medical care provided, such as required shots. \\Vsrp03\Common%WappingrrMNvn BoardILOCAL LAWTees\Law-Rgol-Hearing.doc I. Chapter 175. Peddling and Soliciting. (1) § 175-7.B. and 175-9.A. Application/License. Fee: $200.00 per year (2) §175-9.B. Weekend only permit: $35.00 (3) § 175-10.B. Replacement Fee for Lost or Stolen License. $25.00 J. Chapter 206. Soil Erosion and Sediment Control. (1) §206-17. Grading Permit Fees: For projects of 3 acres or less: $45.00 For projects exceeding 3 acres -- 50 acres: $115.00 For projects exceeding 50 acres: $250.00 (2) §206-17. Inspection Fees: For projects of 3 acres or less: $100.00 For projects exceeding 3 acres, use the formula: 20 (slope) X 5 (total area in acres) or 20 M X 5A K. Chapter 214. Streets and Sidewalks. (1) §214-7. Permit fee for excavating in or under highway. $50.00 (2) §214.18. Driveway Permit fee: $50.00 L. Chapter 217. Subdivision of Land. (1) Subdivision Application Fee: $500.00, plus $150.00 per lot (2) Recreation Fee: For 1-9 lots, $2000.00 per lot;. For 10 ormore lots, the Planning Board shall deter1hifie ' ' -. - whether to require the reservation of land, or payment of $2000.00 per lot. M. Chapter 234. Water. IlVsrpp3\Corrmmon\Wappinger\Town 6oard\LOCAL LAVAFees\Law-R4DI-Heari7ig.doc (1) §234-443. Permit fee to open streets, lanes, etc. to install mains, services, etc.: $50.00 (2) §234-45. Fee for turning watq on and/or off at owner's request: $50.00 per request ` { N. Chapter 240. Zoning. (1) . §240-48. Special Use Permit Application Fees: Special Permit —Accessory Apartment: $100.00 per application Special Permit —Regular Fee: $50.00 per application (2) §240-59 Permit fee for temporary outdoor use and/or sales: $35.00 (3) §240-84. Site Plan Fees: Site Plan Application Fee: $500.00, plus $150.00 per 1000 sq. ft. of gross floor area of the building. Pius $10.00 per parking space. Amended Site Plan Application Fee: $250.00, plus $150.00 per 1000 sq. ft. of floor area. (4) Conceptual Review Fee (subdivision, site plan, special permit): $250.00 per application. The conceptual review fee shall be credited toward formal review fees. (5) §240-107. pees for Applications to Zoning Board of Appeals: (Resident) Area/Use Variance Fee: $50.00 per application (ComMercial) Area/Use Variance Fee: $250.00 per application Interpretation Fee: $35.00 per application 1\Vsrp03lCr)mmon\Wappinger\Town Eoard\LOCAL i.AWTresllaw-R5ol-Hearing.doc. (6) §240-108, Building Permit Fees: a. Construction: 1. RESIDENTIAL': L 1 and 2 -family homes, and modular dwellings: $0.50 per square foot of living space. 2. Mobile Homes (single and double wide): $0.35 per square foot of living space 3. Carports/Garagcs3: Carport: $50.00 Garage: $ 0.35 per sq. ft. (or, the minimum fee of $50.00, whichever is greater) 4. Porches/Decks (a) covered, screened, and/or enclosed, without heat: $0.35 per square foot (b) open deck: $0.25 per square foot 5. Non -habitable accessory building (except garages): less than 200 square feet: $50.00 more than 200 square feet: $ 0.35 per square foot 6. Other New Construction: Pool: $50.00 Hot Tub: $50. -Off. -- 2 Includes New Construction, Renovations, and Additions. 3 Use square footage of ground floor only for 2 -Story garages a Porches or decks which are enclosed with heat maybe considered to be living space subject to the applicable charge for living space. Wsrp03lCommonlWappinger%Town BoardILQCAL LAWUees\Law-Ri5al-Hearing.doc I II, COMMERCIALS (references herein are to Use and Occupancy Classifications as set forth in the New York State Building Code): 1, New Construction i. For Use and Occupancy Classifications A, E, F, H, 1,R-3 and R-4, feels $1.00 per square foot up to and including 5000 square. feet; plus $0.50 per square foot over 5000 square feet. ii. For Use and Occupancy Classifications B and M, fee is $0.75 per square foot up to and including 5400 square feet; plus $0.30 per square foot over 5000 square feet. iii. For Use and Occupancy Classifications S and U, fee is $0.40 per square foot up to and including 5000 square feet; plus $0.20 per square foot over 5000 square feet. 2. Renovations: i. '/2 of New Construction costs in section II.1., above. b. Demolition: $50.00 plus $0.01 per square foot c. Alterations and Structural repairs6: $50.00 per iuspection/visit; Building Department will estimate number of visits based on the nature of the permit. d. Certificate of Occupancy (includes new CIO and a CIO for change of use or for change of occupant): $100.00 s "COMMERCIAL" includes; among other things, apartment buildings and multi -family homes, except 2 -family homes, which are addressed in ``RESIDENTIAL", above. 6 Building Department has discretion to determine whether an applicant's project is an alteration, a structural repair or a renovation. 11Vs7031Common\Wappinger\Town SoarALOCAL LAWNFeeslLaw-R7ol-Hearing.doa L Other Building Permit fees: Fireplace/Stove/Chimney: $50.00 Replacement of Furnace/Boiier7: $50.00 Electrical Upgrades 8: $50.00 Tent (temporary permit for outdoor sales on commercial site): $50.00 Compliance fee for structure or use for which no permit or CIO was obtained: $200.00 plus cost of building permit for structure/use Re -inspection fee for prior non-compliance (3rd and subsequent visits): $50.00 per visit CIO and/or municipal violation search: $75.00 (7) §240-110. Escrow Funds: For SUBDIVISIONS, the applicant shall deposit and maintain a sura calculated as follows: Number of lots Amount 0-2 $ 3,750.00 3-10 $ 7,500.00 11-115 $22,500.00 >35 $52,500.00 For SITE PLANS & REGULAR SPECIAL USE -PERMITS, the applicant shall deposit and maintain a sum calculated as follows: ' Square Footage Amount 0 to 3,000. $ 3,750.00 3,001 to 20,000 $ 7,500.00 20,001 to 50,000 $22,500.00 >50,000 $52,500.00 For MINOR APPLICATIONS9, the applicant shall deposit and maintain 7 Includes hot water heat/plumbing alterations and central air condition systems s Includes change electrical service, any extensions of electric facilities added, new outlets/switches/fixtures 9 Includes: Accessory Apartments; Professional Office or Studio Uses in a Residence; Horne Occupations involving onsite clients, visitors, customer or patrons; lot line changes and land transfers which result in conforming lots and. which involve less than 10% of the minimum lot area of each involved lot; and subdivisions in which no new building lots are created. 11 VsrpO\CommonlWappinger\Town Board\LOCAL LAW1Fees%Law-Riga]-Hearing.doc a sum calculated as follows: $500.00 For VARIANCES, the applicant shall deposit and maintain a sure Determined by the Zoning Board of Appeals. For ROAD INSPECTION, the applicant shall deposit a sum equal to 3% of the construction costs as estimated by the Town Engineer. (S) §2.40-112.A.(2). Application/Petition Fee for Rezoning: $1000.00 0. Miscellaneous Fees (1) Sign Permit Application Fee: $1.50 per sq. ft. (double if two-sided). (2) Garbage Tickets: $2.00 per ticket for seniors (60 and over) $4.00 per ticket for all others (3) Returned Check Fee: $35.00 (4) Plans & Specs' 0: $50 - $100.00 §122-17. Periodic Review. The Town Board may periodically review the fee schedule set forth in this article and may, by local law, after public hearing for which notice shall be given 10 days prior, amend the fees set forth herein. Section IV: Amendments to the Code. The following provisions of the Code are also amended: 1. Section 1-9 entitled "Sale of Code book; supplementation", is hereby amended to read as follows: "Copies of the Code, or any chapter or portion of it, may be purchased from the Town Clerk, or an authorized agent of the Clerk, upon the payment of a fee as set forth in Chapter 122, Article IV, §122-16.A of the Code. The Clerk may also arrange for procedures for the periodic supplementation of the Code." 2. Section 1-113, is hereby amended to read as follows: "Fees: Specific fee amounts are set forth in Chapter 122, Article IV of the Code." 10 Refers to plans and specs to be obtained from the Town of Wappinger by bidders for Town projects. Wsrp03\Common\WappingcrlTawn BcaOLOCAL LAWAFees\L'a%v-Rg.al-Hearing.doc 3. Section 50-7.A.(1) is hereby amended to read as follows: "The Town officer or employee charged with the custody and keeping of the record shall, upon request, make a copy or copies of any record subject to such inspection upon a payment of a fee as set forth in Chapter 122, Article IV, § 122- _ 16.B.(1) of the Code." 4. Section 50-7.8 is hereby amended to read as follows: "Certification. Any Town officer or employee charged with the custody and keeping of any such record shall, upon request, certify a copy of a document or record prepared pursuant to the provisions of the preceding subsection upon payment of a fee as set forth in Chapter 122, Article IV, § 122-16.B.(2). of the Code." 5. Section 68-8.B is hereby amended to read as follows: "Redemption Fees. At any time during the period of redemption, the owner of any dog seized may redeem such dog, provided that such owner produces proof that the dog has been licensed and has been identified, provided that the owner pays redemption fees as set forth in Chapter 1.22, Article N, § 122-16.C.(1) of the . Code." 6. Section 68-10.A is hereby amended to read as follows: "At the expiration of the appropriate redemption period an unredeemed dog may be made available for adoption for the adoption fees as set forth in Chapter 122, Article IV, §122-16.C.(2) of the Code." 7. Section 71-4.B.(1) is hereby amended to read as follows: "The applicant shall pay to the town a fee per each application as set forth in Chapter 122, Article IV, §122-16.D.(1) of the Code." S. Section 71-9 entitled "Fees" is hereby amended to read as follows: "The applicant shall pay to the town a fee as set forth in Chapter 122, Article IV, §122-16.D.(1) of the Code at such time as he submits his application, which fee shall be returned by the town if such permit is not issued." 9. Section 80-5.A. is hereby amended to read as follows: \WsrpD3\CommonlWappinger\To%vn Board\LOCAL LAW1FeeslLaw-R �]-Hearing.doc "A blaster's license shall be issued by the Town Clerk of the Town of Wappinger upon application on forms prescribed by her and upon payment of a fee as set forth in Chapter 122, Article IV, § 122-16.E.(1) of the Code, provided that the applicant shall have complied with the requirements as provided for under the Labor Law and under the Codes, Rules and Regulations and all other state statutes and regulations as well as all local laws and ordinances and shall, in addition, have furnished evidence in the form of a certificate of insurance issued by an insurance company authorized to do business in the State of New York, in form acceptable to the Attorney to the town, guaranteeing that the applicant has in full force and effect at the time of the making of such application a policy of public liability insurance, including a specific endorsement covering any and all liabilities arising from blasting operations. The policy and certificate shall provide for bodily injury coverage in limits of not less than $500,0001$1,000,000 and for property damage coverage in limits of not less than $250,000 and shall further provide that the Town of Wappinger, Dutchess County, New York, will be held harmless from any and all claims, actions and proceedings which may be brought against it by any person, firm or corporation for injury to person or damage to property resulting from or occasioned by such blasting operations. Such policy shall contain the further provision that it shall not be canceled, terminated, modified or changed by the insurance company issuing it unless at least 10 days' prior written notice of such cancellation, termination, modification or change is sent to the Town Clerk by registered mail. The policy shall further provide that the presence of the Town Engineer or any consulting engineer responsible for specific town projects or their representatives on the site of the operation shall not affect the obligation of the insurer under its said policy. No blaster's license shall be valid unless such insurance coverage shall remain in full force and effect." 10. Section 80-5.C. is hereby amended to read as follows: "The blaster's license shall be valid only for one day at the location specified on the permit, its issuance providing that the applicant shall comply with the requirements contained in this chapter, with the Labor Law and with the Codes, Rules and Regulations. Separate application must be made for renewal or extension, and a fee as set forth in Chapter 122, Article N, Section 122-16.E.(2) of the Code. shall accompany each application for renewal or extension. Extension or renewal for a date 15 or more days beyond the first permit date shall not be permitted." 11. Section 122-13), entitled "Subdivision Recreation Fee'', is hereby amended to read as follows: "The subdivision recreation fee is hereby set at an amount per lot subdivided as set forth in Chapter 122, Article IV, §122-16.L of the Code, pursuant to the Subdivision Regulations of the Town of Wappinger and Town Law of the State of, 11Vsrp031CummonMappinger\Town HoardILOCAL LAVAFers\Law-Rpiol-Hearing.dac New York §§276 and 277. The fees per subdivision shall be calculated by the Zoning Administrator." 12. Section 133-11.B is hereby amended to read as follows: "Fees. All applications fora floodplain development permit shall be accompanied by an application fee as set forth in Chapter 122, Article IV, § 122-16.F.(1) of the Code. In addition, the applicant shall be responsible for reimbursing the Town of Wappinger for any additional. costs necessary for review, inspection and approval of this project. The local administrator may require a deposit in an amount as set forth in Chapter 122, Article IV, § 122-16 of the Code to cover these additional costs." 13. Section 1434K is hereby amended to read as follows: "Each permit application shall be accompanied by a fee asset forth in Chapter 122, Article IV, § 122-16. G.(1) of the Code." 14, Section 153-5.A is hereby amended to read as follows: "The fee for the license is set forth in Chapter 122, Article IV, §122-16.H.(1) of the Code, which sum covers not only the cost of issuing the license itself but also the cost of making the initial inspection of the premises to ascertain compliance with the regulations hereinafter prescribed. Any subsequent inspection resulting from failure to comply shall cost an amount as set forth in Chapter 122, Article IV, §122-16.H.(2) of the Code. If noncompliance with this article shall exist 30 days after such initial inspection, the application theretofore made shall be deemed to be null and void and the applicant shall then cease and desist from all types and manner of junkyard operation." 15. Section 175-73 is hereby amended to read as follows: "The application shall be accompanied by an applicatiorilrenewal fee, as set forth in Chapter 122, Article IV, §122-16.I.(1) of the Code, which shall be nonrefundable." 16. Section 175-9.A is hereby amended to read as follows: "An applicant for a license issued pursuant to this Chapter shall pay an annual license fee'as set forth in Chapter 122, Article IV, §122-16.I.(1) of the Code, to be collected by the Town Clerk." 17. Section 175-93 is hereby amended to read as follows: \\Vsrp03\CommonlWappinger\Totvn Board\LOCAL FAWTees\Law-R spl-Hearirig, doe "A license for a one weekend only permit shall be issued only after the applicant has paid a fee in the amount set forth in Chapter 122, Article IV, §122-16.(1)(2) of Code." 1S. Section 175-10.B is hereby amended to read as follows: "If a license issued pursuant to this Chapter is lost or stolen, such loss shall be reported to the Town Clerk within ten days of discovery of such loss or thgft. Upon such notification, the Town Clerk shall issue a replacement license for a fee as set forth in Chapter 122, Article IV, §122-16.I.(3) of the Code, to be collected by the Town Clerk." 19. Section 206-17 entitled "Fees" is hereby amended to read as follows: "The fees for permits and inspections based upon relevant criteria, is set forth in Chapter 122, Article IV, §§ 122-161(1) and (2) of the Code." 20. Section 214-7 entitled "Issuance of permit; fee" is hereby amended to read as follows: "The Superintendent, upon a finding by him that the issuance of the permit is authorized by this article and general law, and upon compliance by the .applic'ant with the herein -contained provisions relating to general liability insurance and security deposit, shall issue the permit for the proposed work and may attach'such reasonable conditions, including the specification of a completion date, as in his opinion may be necessary to protect the interest of the town and to guarantee the right of public access through and along said highway during the progress of the work. The fee for the permit shall be the sum as set forth in Chapter 122, Article IV, 122-16.K of the Code, which shall be deposited with the Superintendent upon issuance of the permit." 21. Section 214-18 entitled "Permit required for installation" is hereby amended to read as follows: "No person shall install or construct a private driveway with access on a public street without first obtaining a permit from the Town Highway Superintendent and paying the fee for such permit. The fee for such permit is set forth in Chapter 122, Article IV, § 122-16K.(2) of the Code." 22. Section 217-12.E.(1) is hereby amended to read as follows: "Be made in duplicate on the application form, copies of which are available from the office of the Planning Board, and be accompanied by an application fee, payable to the Town of Wappinger, in accordance with the fees as set forth in Chapter 122, Article IV, §122-16.1, of the Code.". WsrpOMommon\WappingerlTown Board\LOCAL LAW1Fees\Law-Rp5l-Hearing.doe 23. Section 217-13.B.(1) is hereby amended to read as follows: "Final application. The final application form filled out in duplicate, copies of which axe available from the office of the Planning Board and a fee, if required, as set forth in Chapter 122, Article IV, §122-16 of the Code." 24. Section 217-16.E is hereby amended to read as follows: "Inspection Fee. All applicants for approval of subdivisions involving the construction of streets and/or other improvements shall be required to submit an inspection fee, payable to the Town of Wappinger, in accordance with the fees as set forth in Chapter 122, Article IV, § 122-16 of the Code before the plat is signed." 25. Section 217-25.A.(4) is hereby amended to read as follows: "Cash payment in lieu of reservation. Where the Planning Board determines that a suitable park or parrs of adequate size cannot be properly located in a subdivision or where such a reservation is otherwise not appropriate or practical, the Board may require, as a condition to approval of any such plat, a payment to the Town in an amount set forth in Chapter 122, Article IV, §122-16.L of the Code." 26. Section 234-443 is hereby amended to read as follows: "The fee for permission to open streets, lanes, walkways and other public grounds for the purpose of installing mains, services and other appurtenances shall be subject to perrnission and a fee as set forth in Chapter 122, Article IV, §122-16.M of the Code." 27. Section 234-45 entitled "Fees for turning water on and off' is hereby amended to read as follows: "Water shall not be turned on or off except by the town's authorized agent. There will be no charge for the first turning on of the water, but should the Town Board or its agent turn it off because of any delinquency on the part of the consumer or for other valid cause, the water will not be turned on again until all the charges and a fee as may be set forth in Chapter 122, Article IV, §122-16.M of the Code has been paid by the owner. When water is turned on or off at the request of an owner a fee may be charged as set forth in Chapter 122, Article IV, §122-16.M of the Code. While so shut off by -the Water Department at the curb box, the minimum charge for water will be made." WErpO3 Camman\Wappinger\Tawn Board\LOCAL LAWIFees\Law-Rr2pl-Hearing.doc 28. ' Section 240-43,A.(f)is hereby amended to read as follows: "Application fee: A certified check payable to the Town of Wappinger in accordance with the Town of Wappinger fee schedule as set forth in Chapter 122, Article N, §122-16 of the Code. 29. Section 240-48 entitled "Fees" is hereby amended to read as follows: "Application for a special permit shall be accompanied by a fee as set. forth.in Chapter 122, Article IV, §122-16.N.(1) of the Code. The'approving agency shall require the establishment of an escrow deposit in accordance with §240-110A(3) herein to reimburse the town for the professional review fees charged in connection with the review of the application." 30: Section 240-50.E.(1)(b) is hereby amended to read as follows: "Application and review fees for the proposed designed residential development shall be required in accordance with the current fee schedule as set forth in Chapter 122, Article N, §122-16 of the Code." 31. Section 240-51.1 is hereby amended to read as follows: "Fees. The Town of Wappinger subdivision fee schedule as set; forth in Chapter 122, Article IV, § 122-16 in the Code will apply with regard to applications for new mobile home parks with each trailer site equivalent to one lot." 32. Section 240-84 entitled "Application for site development plan approval" is hereby amended to read as follows: "Application for site development plan approval shall be made, in writing, at least three weeks in advance of a regularly scheduled Planning Board meeting. It shall be submitted to the Zoning Administrator and shall be accompanied by a detailed development plan prepared by a qualified individual or firm, such as a registered architect, landscape architect, or professional engineer. An application fee shall accompany each such application in an amount set forth in Chapter 122, Article IV, §122-16.N.(3) of the Code. The Planning Board shall require the establishment of an escrow account deposit in accordance with §240-110A(3) herein to reimburse the Town for the professional review fees charged in connection with the review of the application. All applications shall provide the following information:" The remainder of Section 240-84 of the Code, including Sections 240-84.A, 240- 84.E and 240-84.0 shall remain the same. \\Vsrp03\CoTmmnn\Wappinge67mvn Board\LOCAL LAVAFees\LaWJT5)1-Hearing.doc 3 3ided to read as follows:. Section 240-107.C,(2)(c) is hereby amei "An application fee shall accompany each such application in an amount set forth in Chapter 122, Article IV, §122-16.N,(5) of the Code. The Zoning Board of Appeals shall, require the establishment of an escrow account deposit in accordance with §240-11 OA(3) herein to reimburse the town for the professional review fees charged in comiection with the review of the application." 34. Section 240-108.B.(4) is hereby amended to read as follows: "All applications for building permits shall be accompanied by a fee as set forth in Chapter L2, Article IV, §122-16.11,(6) of the Code, which shall be retained by the town irrespective of the action taken on such application, and no application shall be deemed to have been received by the Building Inspector unless accoiriparded by the payment of such fee." 3S. Section 240-1 OS.D is hereby amended to read as follows: "Records. A record of all permits issued and the duplicate copies of each such permit and site plan shall be kept on file in the office of the Building Inspector, and certified copies thereof shall be furnished upon payinent of a fee in accordance with the current fee schedule as set forth in Chapter 122, Article IV, § 122-16 of the Code for each copy." 36. Section 240-109.0 is hereby amended to read as follows: "Existing structures. The Building Inspector shall maintain a record of all certificates and copies shall be furnished upon request to any person having a proprietary interest in the building or premises affected. Upon written. request from the -owner and on payment by him to the Town of a fee in accordance with the current fee schedule as set forth in Chapter 122, Article IV, §122-16.1 of the Code, the Building Inspector shall issu(-, a certificate of occupancy for any building or premises existing at the time of enactment of this chapter, certifying, after inspection, the extent and kind of use, or disposition of the building or premises and whether such use or disposition of the building or premises conforms with the provisions of this chapter." 37. Section 240-110.A.(1) is hereby amended to read as follows: "All nonrefundable application fees shall be in an amount set forth in Chapter 122, Article rV of the Code. No fees shall be required from the Town or any of its districts." U,VsrpO3\Commc)n\Wapprnger-kTown Board\LOCAL LA W\Fers\Lavv-11�6 Mcaring.doc 38, Section 240-110,A.(3)(a) is hereby amended to read as follows: "At the time of the submission of any application and prior to its review by the Town Board, the Planning Board, the Zoning Board of Appeals or the Building Inspector, the approving agency or agent shall require the establishment of an escrow amount, from which withdrawals shall be made to reimburse the town for the cost of professional review services. The applicant shall then provide funds to the Town for deposit into such account in an amount as set forth in Chapter 122, Article IV;. §,122-16.N.(7) of the Code. Itis the intent of these regulations to ensure that the applicant always has on deposit with the Town of Wappinger, an adequate amount of funds to ensure that the Town will never subsidize applicant review costs at any time. The applicant shall be provided with copies of the Town vouchers for such services as they are submitted to the Town. The applicant shall dcposit additional funds into such account to bring its balance up to 100% of the amount of the full escrow deposit by the last day of each month. If such account is not fully replenished by the last day of the month, the approving agency shall suspend its review of the application. In the case of post -approval inspections and reviews involving construction, the Town may issue a stop -work order. No subdivision plat or site development plan shall be endorsed or filed until all professional review fees charged in connection with the review of the project have been reimbursed to the Town. No building permit shall be issued unless all professional review fees charged in connection with the review of the applicant's project have been reimbursed to the Town and a new escrow account has been established to cover all post -approval review costs, including but not limited to inspection of construction of roads and driveways. No certificate of occupancy shall be issued unless all professional review fees charged in connection with the post -approval inspection and review of the project have been reimbursed to the Town. No refunds of any funds .remaining on deposit in escrow shall be issued until after all pertinent professional review charges have been paid and the final certificate of occupancy has been issued to the project or, where applicable, the .road has been accepted by the Town and the one-year maintenance period has expired. 39. Section 240-112.A.(2) is hereby amended to read as follows: "All petitions for rezoning shall contain a metes and bounds description of the property to be rezoned as well as the names and addresses of all adjacent and abutting property owners. The petition shall'be submitted by the owner and shall describe in detail the reasons for the requested zoning. The Town Board may require the submission of such additional information as it deems appropriate. An application fee shall accompany each such application in an amount set forth in Chapter 122, Article IV, §122-16.N.(8) of the Code. The Tow Board shall require the establishment of an escrow account deposit in accordance with §240- 110(A)(3) herein to reimburse the Town for the professional Teview fees charged in connection with the review of the application." llVsrpo3\Common\WappingerlTotvn Board%LOCAL LAWIFees\LaW-REspi-Hearin$.doc 40. The fees for subdivisions, site plans, special use permits, conceptual reviews, and variancesreflected in the schedule entitled "Current Planning and Zoning Departments Fee Schedule", which are set forth immediately after section 240- 112.E of the Town Code, are hereby replaced by the fees set forth in Chapter 122, Article IV, §§122-16.L and 122-16,N. Additionally, the "calculation of escrow fund" reflected in the schedule set forth at the end of Chapter 240 of the Town Code is hereby replaced by the escrow fluid calculations set forth in Chapter 122, Article IV, § 122-16.N. All other requirements enumerated in the "Requirements for Escrow Funds" and "Current Planning and Zoning Departments Fee Schedule", which are set forth at the end of Chapter 240 of the Town Code,, are hereby incorporated into Chapter 122, Article IV of the Code. Section V: 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 VI: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. %1Vsrp03tiCommonlWappingerSTown Soard%LOCAL LAWWees%Law-RF$�-Hearing.doc (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. ------------ L4-------------------- of 200A--- of the )(Town}{) of ____Wappaner ----------------------- _ was duly passed by the --_T0-WM--BQaTA ----------------------------- onHarQ-h__8 ------- 20d4-, in accordance with the applicable provisions of law. (Name ofLeglcladve Body) 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) (repassed after {Namr of Legislative Body) disapproval) by the ---------------------------------------- (Elective ChiefEzeauive Officer-) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) ____ and was deemed duly adopted on ------------------ 20--=-, 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)(repassed after (Name of Legislative Body) disapproval) by the ------------------------------------------- 7----- on------------------- 20--_- . Such local law was submitted (Elective Chief Executive Officer*) 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 (generaI)(special)(annual) election held on ------------------ 2Q--- , 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 (Cou nty)(City)(Town) (Village) of----------------------------------------------------------------- was duly passed by the --------------------------------------------------- on ------------------ 20---- , and was (approved)(not approved)(repassed after (Name of LegislativeBodp) disapproval) by the --------------------------------------------------- on ------------------ 20 --- . Such local. law was subject to (Elective ChiefExecvtive Officer•) permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 20-_-- , in accordance with .the applicable provisions of Iaw. * 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. (2)' 5: (City local law concerning Charter revision proposed by petition.) 1 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 cit- ies 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 in- dicated in paragraph -----1-----, above. i/17 Clark of the County legislative body ily, o or village Clerk or officer designated by localrtcgi tivc body Gloria Mor e, T Clerk (Seat) Date: •G (Certiflcatlon to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OFDrutchess Ithe 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 Albert P. Roberts_— Attorney to the Town Tille Co of Wappinger Town Date: 2004 (3)