LL #05-2001LocaL Law 1, Lling
Nl:w Y URK S IAI L ULPARTMLNT OF STATE
41 STATE STREET, ALBANY, NY 12231
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Ton of --------- WAPP_I.NGER- - -- --- ----- - - - - - - - - - - - - -
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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".
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Be it enacted by the ------------ OWNN__B.OARD_____________________________________________________________ of the
(Nater o/L,gulwri BndY)
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7C of ----- APPINGER _ as follows:
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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