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LL #05-2001LocaL Law 1, Lling Nl:w Y URK S IAI L ULPARTMLNT 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. citiU4 Ton of --------- WAPP_I.NGER- - -- --- ----- - - - - - - - - - - - - - Wvb4k Local Law No. _____---------- #5------------------ of the year 20Ql __ A local law _-enLitled- _'.'Local_ Law Amending the Zoning Law, Building Code and Subdivision Code of the Town of Wappinger". -------------------------------------------------------------------------------------------------------------- Be it enacted by the ------------ OWNN__B.OARD_____________________________________________________________ of the (Nater o/L,gulwri BndY) fxmmAr AkR 7C of ----- APPINGER _ as follows: --------------------------------------------------------------------- VAkKe TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 11/99) 1 LOCAL LAW #�_ OF THE YEAR 2001 A Local Law entitled "Local Law Amending the Zoning Law, Building Code and Subdivision Code of the Town of Wappinger". BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Legislative Intent: Over the course of the last several years, it has come to the attention of the Town Board that various provisions of the Zoning, Building and Subdivision Codes of the Town of Wappinger pertaining to land use and development require relatively minor amendments, corrections or clarification. Accordingly, and based upon recommendations from the Town of Wappinger Planning Board, the Town of Wappinger Zoning Board of Appeals and other Town officials, the Town Board has requested Frederick P. Clark Associates, Inc., Planners to the Town, to review the Town Code as it pertains to land use and development and correct errors, clarify vague or misleading language, remove inconsistencies and make minor changes that otherwise do not require major policy decisions. The proposed changes will correct typographical errors, misleading words, misleading headings and use listings, clarify various definitions, clarify procedures with reference to existing under sized lots, clarify required street frontage, clarify implementation of wetland regulations, clarify authorization for accessory apartments, authorize the Zoning Administrator to issue temporary permits for outdoor sales and structures, clarify interpretation of motor vehicles sales establishments, reduce parking requirements for shopping centers in excess of 100,000 square feet, reduce size of tree plantings in parking lots, reduce maximum distance of emergency access driveways, reduce the penalties for enforcement of the Zoning Code, prohibit variances for special permit standards, clarify use schedules, amend the bulk schedule for RMF -3 and R1\417-5 districts, apply recreation fees to subdivisions of less than six (6) building lots, and require an interim plot plan to ensure the proper location and elevation of a building foundation prior to authorization for framing of a structure. References are to sections of the Town of Wappinger Zoning Code, Building Code or Subdivision Code. 17 Section 2. The Town of Wappinger Zoning Law, Section 240-5 Definitions shall be amended to revise and add the following definitions to read as follows: FAMILY -- A group of related individuals living and cooking together as a single housekeeping unit, or a group of unrelated individuals living and cooking together as a single housekeeping unit in a manner which is the functional equivalent of said related individuals. A foster home under the jurisdiction of a public agency shall be considered.a family for the purpose of this chapter. GARAGE, REPAIR -- A building or portion thereof used for the storage, care or repair of motor vehicles for remuneration, including but not limited to the conduct of engine work, body work, major structural repair, painting or restoration. Permitted accessory uses may include the sale of motor fuels dispensed from pumps, the sale of motor vehicle accessories and supplies, and/or the rental of motor vehicles. GASOLINE FILLING STATION -- An area of land, including structures thereon or a building or part thereof, other than a repair garage, that is used for the sale of motor fuels dispensed from pumps and motor vehicle accessories and supplies. Permitted accessory uses may include facilities for lubricating, washing or other minor servicing of motor vehicles and/or the retail sale of convenience items including but not limited to snacks and beverages, provided such accessory uses are located indoors. The rental of motor vehicles is also a permitted accessory use. The conduct of motor ' vehicle body work. major structural repair or painting by any means are not permitted accessory uses. PROFESSIONAL OFFICE — One used by and architect, attorney, dentist, doctor, optometrist, engineer, insurance broker or salesman, psychologist, psychiatrist, real estate broker or salesman, surveyor or other similar practitioner. PROFESSIONAL STUDIO -- a space used as a place of work. display or instruction by a musician, artist, craftsperson. photographer or other similar artisan. 3 STABLE, COMMERCIAL-- A building in which any horses are kept for remuneration, hire or sale. Section 3. The Town of Wappinger Zoning Law, Section 240-16.C(4) shall be revised to add a missing word to read as follows: (4) If such nonconforming use of a building or structure ceases for any reason for a continuous period of more than two years or is changed to a conforming use or, except as provided in § 240-16C(1) herein, if the building in or on which such use is conducted or maintained is moved any distance whatever, for any reason, then any future use of such building or structure and the land on which it is located shall be in conformity with all provisions of this chapter for the district in which it is located. Section 4. The Town of Wappinger Zoning Law, Section 240-16.D(2)(d) shall be revised to read as follows: (d) No residential use shall be permitted on a site used for a junkyard exclusive of the owner's dwelling. Section 5. The Town of Wappinger Zoning Law, Section 240-18.A shall be revised to clarify the purpose of this section to read as follows: A. No building or structure in a street. No building or structure shall be permitted within a street shown on an official map or plan, or within an easement or right-of-way shown on a filed subdivision plat. Every building hereafter erected shall be located on a lot, as defined herein. Section 6. The Town of Wappinger Zoning Law, Section 240-18.D shall be revised to clarify the purpose of this section to read as follows: D. Lots under water or subject to flooding. (1) All lots under water or subject to flooding shall be subject to the requirements for flood -prone area as required in § 240-33 of this chapter. (2) In addition, no more than 10% of the minimum area requirement of a lot may be fulfilled by Federal or State wetlands, land which is under water, subject to periodic flooding, or within the 100 -year floodplain. (3) All minimum front, side and rear yard requirements must be satisfied by measurement on dry land excluding Federal and State -wetlands, land which is under water, subject to periodic flooding, or within the 100 -year floodplain. Section 7. The Town of Wappinger Zoning Law, Section 240-18.F shall be revised to clarify the purpose of this section .to read as follows: F. Existing undersized lots. A lot, the area.or dimensions of which are less than that required for the district in which it lies, may be deemed to qualify for the issuance of a building permit, provided that all the following requirements are met (see also § 240-3 SA): (1) The lot met the zoning requirements at the time the deed to the lot in its current configuration was recorded in the office of the County Clerk, Division of Land Records. (2) All applicable district regulations as set forth in the Schedule of Dimensional Regulations other than the minimum lot area and lot width and lot depth are complied with. (3) The lot was separated in ownership from any adjoining tracts of land 'on the effective date of this chapter. If the owner of such lot owns other lots contiguous thereto, such other lots or so much thereof as may be necessary shall be combined with the first named lot to make one or more conforming lots, whereupon a permit may be issued, but only for such combined lots. Section 8. The Town of Wappinger Zoning Law, Section 2.10-20 shall be revised to clarify the purpose of this section to read as follows: § 240-20. Required street frontage. No building permit shall be issued for the establishment of any use or construction of any structure unless the street or highway giving access to 5 said use or structure has been suitably improved to town road standards or a bond posted therefor, in accordance with the provisions of §§ 280-a.1 and 2 of the Town Law. Further, for the purposes of this paragraph, "access" shall mean that the lot on which said use or structure is proposed has frontage on said street or highway sufficient to allow the ingress and egress of fire trucks, ambulances, police cars and other emergency vehicles in accordance with the provisions of § 280-a.5 of the Town Law. Said lot frontage shall be at least fifty (50) feet in length and the actual access to said use or structure shall be over said frontage. Section 9. The Town of Wappinger Zoning Law, Section 240-32.A shall be revised to read as follows: A. Alteration of wetlands or watercourses. In any district, no alteration of Federal or State wetlands, permanent or intermittent watercourse, or adjacent uplands within one -hundred (100) feet thereof, whether by excavation, filling, grading, clearing, draining or otherwise and whether or not incidental to activities otherwise permitted, shall be permitted without prior review as to the effect of such alteration and any related activities and facilities on water recharge areas. water table levels, water pollution, aquatic animal and plant life, temperature change, drainage, flooding. runoff and erosion and any other functions of such resources. This review and approval of such alteration shall be subject to site plan approval by the Planning Board. Section 10. The Town of Wappinger Zoning Law, Section 240-33.F(2) shall be revised to read as follows: (2) Fill. Any fill proposed to be deposited in the designated flood -prone area must be shown to have some beneficial purpose and that the amount thereof is not greater than necessary to achieve that purpose, as demonstrated by a plan submitted by the property owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials. Such fill or other materials shall be protected against erosion by riprap, vegetation cover or bulkheading to the degree determined necessary by the Planning Board. If the Planning Board determines that the water -storage capacity of the flood -prone area is substantially reduced by such proposed fill, it may require an equivalent amount of earth excavation to offset the reduced capacity. G Section 11. The Town of Wappinger Zoning Law, Section 240-53.C(1) shall be revised to read as follows: (1) Age of structure. The building in which the accessory apartment is constructed and all additions thereto shall be at least five years old. In no case shall the minimum age be reduced to less than three years, except where such apartment would be on a lot at least twice the minimum lot area for the district in which it is located. Section 12. The Town of Wappinger Zoning Law, Section 240-54 shall be revised to read as follows: § 240-54. Professional office and professional studio uses in a residence. Section 13. The Town of Wappinger Zoning Law, Section 240-59 shall be revised to read as follows: § 240-59. Temporary outdoor use and structures in all districts. and. in residential districts, temporary outdoor stands for the sale and display of field and garden crops. A. No structure or combination of structures for said temporary use shall exceed 1,000 square feet in gross floor area. B. No permanent structures shall be constructed for a temporary use. C. No new or expanded parking area shall be constructed for a. temporary use. D. Such uses shall only be permitted on properties with frontage on and practical access to a primary or collector road as shown on the Town Transportation Plan Map in the Town Comprehensive Plan. E. Special functions shall not exceed 2-5 day -s. Seasonal uses shall not exceed 99 days. 7 F. The property shall be restored to a condition approved by the Planning Board. G. The Planning Board may impose such conditions as it deems necessary to avoid or minimize traffic impacts and the impairment of the use, enjoyment and value of property in the area. H. The Zoning Administrator may issue a permit for a temporary outdoor sales or promotions use and temporary signage not exceeding fifty (50) square feet in area without Planning Board approval for a period not to exceed twenty five (25) days in length nor more than three (3) limes per year per principal use provided the temporary use: (1) is accessory and incidental to an existing permitted principal use on the site; (2) does not require any improvements to the site; (3) is located on a property with frontage on andpractical access to a primary or collector road as shown on the Town Transportation Plan Map in the Town Comprehensive Plan; (4) conforms to all required setbacks for the district in which it is located; and (5) does not pose any safety concerns as determined by -the Zoning Administrator. Section 14. The Town of Wappinger Zoning Law, Section 240-67 shall be revised to add a new subsection G. to read as follows: G. Notwithstanding requirements to the contrary, the sale of small motor vehicles less than one thousand five hundred(1,500) pounds gross weight such as go-carts, jet skis, and motorcycles shall be permitted and regulated as a retail use provided: there is no outdoor storage; the floor area for the use is less than five thousand (5,000) square feet; and, with the exception of the minimum acreage requirements, the use meets all other requirements of 240-67 and 240-70. r;� Section 15. The Town of Wappinger Zoning Law, Section 240-70 shall be revised to add a new subsection I. to read as follows: I. Notwithstanding requirements to the contrary, the sale of small motor vehicles less than one thousand five hundred (1,500) pounds gross weight such as go-carts, jet skis, and motorcycles shall be permitted and regulated as a retail use provided: there is no outdoor storage; the floor area for the use is less than five thousand (5,000) square feet; and, with the exception of the minimum acreage requirements, the use meets all other requirements of 240-67 and 240-70. Section 16. The Town of Wappinger Zoning Law, Section 240-84.13 shall be revised to read as follows: B. Site development plan information. Unless determined otherwise by the Zoning Administrator, fourteen (14) copies of the applicant's proposed site development plan drawn at as large a scale as is convenient, practical and reasonably possible, showing- the following items of information: Section 17. The Town of Wappinger Zoning Law, Section 240-87 shall be revised to read as follows: § 240-87. Public hearing for site development plan review. A public hearing shall be scheduled within sixty-two (62) days of receipt of a complete site development plan application. Public notice of such hearings shall be published in a newspaper designated by the town at least five (5) days before the scheduled meeting date. Additionally all abutting and adjacent (across the street or road) property owners shall be notified by mail by the Applicant of said hearing. Notification to abutting and adjacent property owners, as identified by the Town, shall be by Certified U.S. Mail and shall include a copy of the legal notice prepared by the Town. Proof of mailing in the form of a list of abutting and adjacent property owners and copies of the stamped Certified Mail receipts shall be submitted to the Planning Board prior to the public hearing. 9 Section 18. The Town of Wappinger Zoning Law, Section 240-96.B(4) shall be revised to read as follows: (4) Shopping center parking. Shopping centers which exceed 100,000 square feet of Gross floor area shall be required to provide a minimum of 4.5 parking spaces for every 1,000 square feet of gross floor area. Notwithstanding provisions to the contrary, the minimum dimensions of parking spaces for such shopping centers shall be nine feet by 18 feet with a twenty -four -foot aisle. [Added 1-25-1999 by L.L. No. 1-1999] Section 19. The Town of Wappinger Zoning Law, Section 240-96.C(2)(c) shall be revised to read as follows: (c) The landscaping of off-street parking areas shall include at least one (1) shade tree of not less than three (3) inches caliper for each six (6) parking spaces. Main traffic circulation aisles shall be emphasized with such shade trees. Other landscaped islands may be planted with flowering trees and/or other plantings, as appropriate. This is in addition to ground cover, shrubs and hedges which are to be provided where appropriate to serve their intended function while not interferinc, with safe sight distance for pedestrians and vehicles. Section 20. The Town of Wappinger Zoning Law, Section 240-97 shall be revised to read as follows: Shopping centers greater 4.5 for each 1,000 square ; than 100,000 square feet feet of gross floor area of gross. floor area [Added 1-25-1999 by L.L. No. 1-1999] Section 21. The Town of Wappinger Zoning Law, Section 240-100.E shall be revised to read as follows: E. Emergency vehicle access. Driveways and access roads shall be so designed as to provide Fire Department apparatus access to within a distance of 75feet or less of the structure it may be called upon to protect and they shall meet the following requirements: 10 Section 22. The Town of Wappinger Zoning Law, Section 240-106.C(1) shall be revised to read as follows: C. Violations and penalties. (1) A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 for conviction of a first offense; for conviction of a second offense, both of which were committed within a five-year period, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed ten (10) days , or both; and upon conviction of a third or subsequent offense, all of which were committed within a five-year period, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Section 23. The Town of Wappinger Zoning Law, Section 240-106.C(2) shall be revised to read as follows: (2) Method of measurement of smoke. For the purpose of grading the density of smoke, the Ringelmann Smoke Chart shall be used, to determine the total smoke units emitted. A reading shall be taken every minute for an hour or if less than an hour until the total smoke units emitted exceed the number allowed by these regulations. Each reading shall be multiplied by the number of minutes during which it was observed and the' product added. Section 24. The Town of Wappinger Zoning Law, Section 240-107.B(2)(b) shall be revised to read as follows: (b) Appeals and variances. Where there are difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Board of Appeals shall have the power, in passing upon appeals, to vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction or alteration of 11 buildings or structures or the use of the land, upon application by an appellant, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Notwithstanding the provisions of this section, including § 240-107.B(2)(b)[3 J, the Zoning Board of Appeals is not authorized to grant a variance or variances with respect to any of the individual standards, requirements or criteria for special permit uses. Area variances associated with a special permit use shall only be applicable to the dimensional standards of the zoning district in which the property is located as set forth in the Schedule of Dimensional Regulations. Section 25. The Town of Wappinger Zoning Law, Section 240-107.B(2)(b)[3] shall be revised to read as follows: [3] Application for area variances when subdivision, site plan or special permit applications are involved. Where a proposed site plan contains one or more features which do not comply with the zoning regulations or where a proposed special permit use contains one or more features which do not comply with the zoning regulations or where a proposed subdivision plat contains one or more lots which do not - comply with the zoning regulations, application may be made to the Board of Appeals for an area variance or variances pursuant to Section 240-107.B(2)(b)[2], without the necessity of a decision or determination of an administrative official charged with the enforcement of this chapter or a referral by an approving agency acting pursuant to this chapter. 12 Section 26. The Town of Wappinger Zoning Law, Schedule of Use Regulations — Residential Districts shall be revised to amend the following listed uses as to read as follows: DISTRICTS R-80 R-40/80 R-40 R-20/40 R-20 f2-15 RMF -3 USES R-10 R -2F RMF -5 In any residential district, no "buildings" or premises shall be used, and no "building" or group of "buildings" or p art of a "building" or "structure" shall be erected, constructed, enlarged, "altered", arranged, used or designed to be used, in whole or in part, except for one (1) or more of the "uses" set forth below. Only those "uses" specifically listed as being permitted shall be permitted; all other "uses" shall be deemed to be prohibited. "Accessory buildings" or "uses" shall not be permitted on a "lot" without a permitted "principal building" or "use". All "uses" are subject to the requirements and conditions s et forth in the noted sections (§). HOME BUSINESSES !I "Bed and breakfast establishments" (§ 440.24). II "Professional office" "uses" in a residence (§ 440.5). SPU SPU "Professional studio" "uses" in a residence (§ 440.5). SPU "Home occupations", other than "professional office" or "professional studio" "uses", which do not involve on -site clients, PA visitors, customers or patrons. "Home occupations", other than "professional office" or "professional studio" "uses" which involve on -site clients, visitors, SPU customers or patrons. 13 Section 27. The Town of Wappinger Zoning Law, Schedule of Use Regulations — Non -Residential Districts shall be revised to amend the following listed uses as to read as follows: Outdoor storage of one (1) auto trailer, or one (1) unoccupied recreational vehicle, or one (1) boat, or one (1) other single vehicle other than licensed and registered passenger vehicles, provided such trailer, boat, or other single vehicle is effectively screened from adjoining properties. Such storage area shall comply with all minimum "yard" setback requirements for "buildings", but in no case shall it be permitted in the "front yard". Outdoor storage of more than one (1) auto trailer, unoccupied "mobile home" trailer, boat, or other vehicle other than licensed and registered passenger vehicles, provided such trailers, boats, or other vehicles are accessory to a permitted "use" and are effectively screened from adjoining properties. Such storage area shall comply with all minimum "yard" setback requirements for "buildings", but in no case shall storage be permitted in the "front yard". Vehicle rental service and storage businesses. Section 28. The Town of Wappinger Zoning Law, Schedule of Dimensional Regulations — Residential Districts shall be revised to amend the minimum lot area requirements for the RMF -3 and RMF -5 Districts to read as follows: DISTRICT I RMF -31 RMF -5 Minimum "Lot Area" (square feet, unless noted) — — 5 ac. • with public water & sewer 5 ac. 15 ac. • with public water or sewer 15 ac. 10 ac. • without public water & sewer 10 ac. Section 29. Chapter 217, Subdivision of Land, Section 217-25.A(4) of the Code of the Town of Wappinger shall be revised to read as follows: (4) 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 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 established by the Town Board in a fee schedule as may be amended from time to time. 14 Section 30. Section 8, subparagraph (c) of the Town Building Code would be amended to read as follows: (c) Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to schle, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys, and, where required by the Chief Building Inspector, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data. The application materials shall be sufficient in order to allow the Building Inspector to verify that the number of bedrooms in residential structures does not exceed the maximum number imposed by the regulations of the Dutchess County Department of Health, and also that residential structures do not contain any space which is readily and obviously convertible to one or more additional bedrooms. Plans and specifications shall bear the signature of the person responsible for the design and drawings. The Chief Building Inspector may waive the requirement for filing plans. Section 31. Section 10, subparagraph (c) of the Town Building Code would be amended to read as follows: (c) In order for the Building Inspector to field check the elevation of the preparation for the foundation, a benchmark shall be physically located on the plot of land by the owner, in a location and at an elevation deemed appropriate by the Building Inspector, prior to the foundation being constructed. Further, no construction of any portion of a building other than the construction of a foundation shall commence until the owner has first submitted to the Building Inspector and reviewed by the Town Engineer, and the Highway Superintendent as deemed necessary, an "as built" certified plot plan showing the "as built" foundation location and elevation on the plot of land for which the building permit has been issued. Such plan shall show that such foundation is situated and located within the minimum setback requirements and shall demonstrate that the location and elevation of the foundation conforms to the "proposed construction" plot plan previously submitted or conforms to variations therefrom previously approved by the Building Inspector and the Town Engineer as the 15 result of field inspection. The elevation of the foundation shall be the elevation of the top course of the block and the elevation of the garage sill block. j:\docs2\500\wappinger\zonequick-7.pil.dkw.doc 8/6/2001 11:55 AM 16 Section 32: 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 thereof is held inapplicable had been specifically exempt therefrom. Section 33: 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. 17 (Complete the certification in the paragraph that applies to the tiling of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. ------------ #5 -------------------- of 2001___ of the (Cii 9� (Town)��of ----- WAP_PZNG.ER--------------- _____------------------------- was duly passed by the ---- TOWN_.l3QAp---------------------------- on Sep t.__24----- 200-_, in accordance with the applicable provisions of law. (Name o/Legularive Bodv) 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 (Name of Legislative Body) disapproval) by the __________________________________________________ and was deemed duly adopted on 0_ IElective Chie/Executive Officer-) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20______ of the (County)(City)(Town)(Villagc) of_________________________________________________________________ was duly passed by the --------------------------------------------------- on ------------------ 20____ , and was (approved)(not a pp roved)(repassed after (Name of Legislative Bodv) disapproval) by the_________________________________________________ on ------------------- 20____ . Such local law was submitted iElec ive 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 (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 kapproved)(not approved)(repassed after (Name of Legislative Bods) disapproval) by the__________________________________________________ 30--_ . Such local law was subject to PP ) on ----------------- (Elecrive Chre/Esecurive Officer•1 permissive referendum and no valid petition requesting such referendum was filed as of __________________ 2p.__- , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 18 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 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. / p/7 -,I (Sea!) Clerk of the County legislative Vdy, City, f94m or Village Clerk or officer designated by local Xgislative GLORIA ,MORS?~, .Town Clerk Da (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTYOF 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 atgnature ALBERT P. ROBERTS, ATTORNEY TO TOWN Title 1C1i�Q1i Town MK* Date: of - WAPPINGER 19