LL #07-2002NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
Local Law Filing
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use italics or
underlining to indicate new matter.
County
Qty
of WAPPINGER
Town
Village
Local Law No. #7 of the year 20 02
A local law entitled "Local Law Amending Section 240-110, Fees, of the Zoning Law
(Insert Title)
of the Town of Wappinger"
Be it enacted by the TOWN BOARD of the
(Name ojLegislative Body)
County
Qty of WAPPINGER as follows:
Town
Vil�„Rg�
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)
LOCAL LAW # 7 OF THE YEAR 2002
A Local Law entitled "Local Law Amending Section 240-110, Fees, of the Zoning
Law of the Town of Wappinger".
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1: Title
This Local Law shall be known and cited as "Local Law Amending Section 240-
110, Fees, of the Zoning Law of the Town of Wappinger".
Section 2: Legislative Intent
The intent of the proposed Local Law is to clarify the intent of the professional
review fee reimbursement procedures as well as to modify the procedures to further
protect the Town from incurring costs and subsidizing the review of applications if
applicants do not pay their bills.
References are to sections of the Town of Wappinger Zoning Code.
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Section 3: Section 240-110, Fees, of the Zoning Law shall be amended to read as
follows:
A. Fee schedule and reimbursement of professional review fees.
(1) All nonrefundable application fees shall be in an amount set forth in a fee
schedule that may be amended from time to time by resolution of the Town
Board. No fees shall be required from the town or any of its districts.
(2) Reimbursement of professional review fees. The Town Board, the Planning
Board, the Zoning Board of Appeals and the Building Inspector, in the
review of any application presented to it, may refer such application to a
planner, engineer, environmental expert, legal counsel and/or other
professional as such board or agent shall deem reasonably necessary to
assist it in the review of such application. The applicant shall reimburse the
town for the cost of such professional review services in accordance with §
240-110A(3)(a) herein concerning the establishment of escrow accounts.
The payment of such fees shall be required in addition to any and all other
fees required by this chapter or any other state or local law, ordinance or
regulation.
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(3) Escrow account procedures.
(a) 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 account, 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 to be
determined by the approving agency based on its evaluation of the
nature and complexity of the application. It is 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
deposit 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
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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.
(b) In the event that a positive declaration is made in accordance with
the New York State Environmental Quality Review Act (SEQRA),
all subsequent professional review fees that are necessary for the
preparation or review of an EIS shall be reimbursed to the Town in
accordance with the procedures established under SEQRA. The
applicant shall maintain the basic escrow account for the continued
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review of the application that is not directly related to the
preparation or review of an EIS. The Town may require the
applicant to establish a separate escrow account for the professional
review costs necessary for the preparation or review of an EIS. All
deposits, reimbursements and refunds shall be made in accordance
with § 240-110A(3)(a).
B. Collection of fees. All required fees shall be collected by the Clerk or Secretary of
the board or agent having jurisdiction over the application.
Section 4: Except as specifically modified by the Amendments contained
herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of
1990 and amended from time to time thereafter is otherwise to remain in full force and
effect and is otherwise ratified, readopted and confirmed.
Section 5: Separability
The provisions of this Local Law are separable and if any provision, clause,
sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or
inapplicable to any person or circumstance, such illegality, invalidity or
unconstitutionality, or inapplicability shall not affect or impair any of the remaining
provisions, clauses, sentences, subsections, words or parts of this Local Law or their
petition to other persons or circumstances. It is hereby declared to be the legislative
intent that this Local law would have been adopted if such illegal, invalid or
unconstitutional provision, clause, sentence, subsection, word or part had not been
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• included therein, and if such person or circumstance to which the Local Law or part
hereof is held inapplicable had been specifically exempt there from.
Section 6: Effective Date
This Local Law shall take effect immediately upon adoption and filing with the
Secretary of State as provided by the Municipal Home Rule Law.
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REQUIREMENT FOR ESCROW FUNDS
SECTION 1. ESCROW FUNDS ESTABLISHED
By the authority granted by Section 240-110 of the Town of Wappinger Zoning Law and in order to ensure that
the cost of any Engineering, SEQR Experts, Planning, Legal or other consultation fees incurred by the Town of
Wappinger with respect to matters before the Planning Board / Zoning Board are borne by the applicant's, there
is hereby established an Escrow Fund. Upon filling an application for either Subdivision, Site Plan, Special
Permit approval, or for a Building Permit or Certificate of Occupancy, the applicant shall deposit with the Town
accordance with the table below. The Controller shall pay
Controller via certified check, a sum of money in
from these funds the fees charged by any professionals employed by the Planning Board with respect to the
applicant's project. Said fees shall be submitted by voucher and paid as approved by the Zoning Administrator.
The applicant shall deposit 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
construction, the Town may issue a stop work order. No subdivision plat or
inspections and reviews involving
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 w issued
d review of the
unless all professional review fees charged in connection with the post -approval inspection an
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.
SECTION 2. CALCULATION OF ESCROW FUND
For SUBDIVISIONS, the applicant shall deposit and maintain a sum calculated as follows:
A) Number of lots
Amount
0-2
$ 3,750
3-10
$ 7,500
11-35
$22,500
>35
$52,500
For SITE PLANS & REGULAR SPECIAL USE PERMITS, the applicant shall deposit and maintain a sum
calculated as follows:
B) Square Footage
Amount
0 to 3,000
$ 3,750
3,001 to 20,000
$ 7,500
20,001 to 50,000
$22,500
> 50,000
$52,500
For SPECIAL USE PERMIT — ACCESSORY APARTMENTS the applicant shall deposit and maintain a
sum calculated as follows:
C) $1,000
For VARIANCES, the applicant shall deposit and maintain a sum determined by the Zoning Board of Appeals.
For ROAD INSPECTION, the applicant shall deposit and maintain a sum equal to 3% of the construction costs
as estimated by the Town Engineer.
is\docs2\500\wappinger\zone amendments\fee schedule.feb02.pll.dlay.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.)
# 7_--- of 200.2---
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------w
----------- -was duly passed by the
of the (T )M) of--WAFF-MEE------------------------- ---------------------
_-TQI�iL`l_-BOARD ----_---_-. �WnM&---------•---- on APIUL-22---- 20 -0-2, in accordance with the applicable provisions of law.
(.Mame oJLegi,lative 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. --------------------Was duly passed by the
( y)( y)(T )(V g) -----------•------ --------------------
ofthe Count Cit own ilia a of ---------------------20 - , and was (approved)(not approved)(repassed after
(y"ame o/Legi,lative Body)
----------------------------------- --
-- and was deemed duly adopted on ------------------ 20-- ,
disapproval) by the -------------
(Elective ChieJEzecutive Office")
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local lav annexed hereto, designated as local law No. --------------------was duly passed by the
of the (County)(City)(Town)(Village) of ----------------------•---'--'-'--'-' '
--------------------------
_-- on ------------------ 20-.-• , and was (approved)(not approved)(repassed after
(-� ams oJl e3i5lative Bodv)
---------------- 20-•-- . Such local lav was submitted
disapproval) by the ---------------------------
on---
(Elective ChirJEzrcutivr OJftcst-•)
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 (gene ral)(special)(annual) election held on ------------------ —
�a___ , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
-_-- of 20------
"""
I hereby certify that the local law annexed hereto, designated as local law No. --------------------Was duly passed by the
of the (County)(City)(Town)(Village) of -------•--------------------'-- -
--••-----•----------------
on --------------•--- 20---- , and was (approved)(not approved)(repassed after
(Namr o/Ltgirlative Badv)
disapproval) by the ----:---------------------- -' °n------------------ 20 Such local law was subject to
"" '
(Elective Chir/Executive Office?*)
7a__. , in
permissive referendum and no valid petition requesting such referendum was filed as of ------------------ —
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 -
county
ve body, the
wide basis or, If a re be town where such officer s vested he chairperson or witthe powerlto approve orgveto rvillage)
al laws o oydin
the supervisor ofr aances.
(2)'
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 ieceived 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. / e 4 O /"?
Clerk of thMounty legislative body tty, wn or vitp clerk
or officer designated by local legi tive
GLORIA 'MORSE, TO CLERK
(Seal) Date:
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YO /
COUNTY OF
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been ha'd or taken for the enactment of *1,. 1-1 ln.v 9nnPYP(t hereto_
ALBERT P. ROBERTS, ATTORNEY TO TOWN
Title
(jaw WAPPINGER
W of
Town
�x
Date:
(3)