LL #10-2002Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
I
XMq 0fWAPPINGER
Town - - -- -- - - -- -- -- ----- - -- - -
XINKU
Local Law No._110_____________________________ of the year 20-02--
A local law _entt:led_ "Local _Law No. 2002. Amendments to the Town of Wappinger
(1—n Title) - -----------------------------------
Zoning Co ---------------------------e Definition of Building Height and Driveway Specifications"
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Be It enacted by the----- Board
--- ----------------------------------------------------------------- -----------
of the
I.Yarne o/Le;i 1.11, Boa,)
ao am
Tof ------ appinger-------------------------------------------------------------------- as follows:
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and number each.)
Li' )S -_3a (Rev. ! 1,99,
(i)
LOCAL LAW NO. #10 OF THE YEAR 2002
A Local Law entitled "Local Law No. #10 of the Year 2002, Amendments to Town
of Wappinger Zoning Code Definition of Building Height and Driveway Specifications."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title:
This Isocal Law shall be known and cited as Town of Wappinger "Local Law No.
4# 10 of the Year 2002, Amendments to Town of Wappinger Zoning Code Definition of
1-1
Building Height and Driveway Specifications", which shall amend the present Town
Zoning Code definition of Building Height and Driveway Specifications, as set forth
below.
Section II: Legislative Intent:
The Zoning Administrator to the Town of Wappinger has recommended that the
Definition of Building Height in the Town's Zoning Code should be revised to concur
with the New York State Building Code. In addition, the Town of Wappinger Fire
Prevention Bureau has recommended increased specifications for driveways to provide
for improved vehicle access by fire fighting equipment. Accordingly, and based upon
the recommendation of the Town of Wappinger Zoning Administrator and the Town of
Wappinger Fire Prevention Bureau, the Town Board has determined that it is in the,best
interest of the citizens of the Town of Wappinger to revise the Zoning Code's "Definition
of Building Height" and to amend the "Driveway Specifications" as hereinafter provided.
WMAPPINGE\Town Board\LOCAL LAS'\BldgHgt&Driveway Local Law-BId-rAndDriveYvay..Joc
Final — June 19, 2002 v
' Section III• Definition of Building Height:
The Town of Wappinger Code §240-5 is hereby amended by defining "Building
Height" to read as follows:
"Building Height: The greatest vertical distance measured from the
adjoining finished grade at the front of a building to the highest point of the
roof if the roof is flat or to the mean level between the eves and the highest
point of the roof if the roof is of any other type."
Section IV: Revise Driveway Specifications:
The following Sections of the Town of Wappinger Zoning Code §240-100
"Driveways" are amended or added as set forth below.
A new §240-100 B (3) shall be added as follows:
"(3): All positive grade driveways shall continue at positive grade to the
point of connection to the paved roadway to prevent ponding."
Section 240-100 E shall be amended to read as follows:
"§240-100 E: Driveways and access roads shall be so designed so as to
provide Fire Department apparatus access to within a distance of seventy-
five (75) feet or less of the structure that may be called upon to be protected
and such driveways and access roads shall be designed so as to meet the
following requirements:
(1) Driveways under Five Hundred (500) feet long shall have a
minimum width of Twelve (12) feet; Driveways over Five
Hundred (500) feet long shall have a minimum width of Twelve
(12) feet and, in addition, shall have a Fifty (50) foot by Twelve
(12) foot pull -off every Five Hundred (500) feet to accommodate
a Forty (40) foot long piece of Fire Fighting apparatus.
(2) The driveways shall have and maintain an overhead clearance of.
Fifteen (15) feet, free of any obstructions such as tree branches,
personal light poles, utility wires, etc.
(3) The driveway base shall be sufficient to support a Thirty (30) ton
Fire Fighting apparatus.
(4) No turns shall be of such a decree as to prevent access of Fire
Department apparatus."
O:\WAPPINGE\Town Boa,&LOCAL LAW\BldgHgt&Driveway\Local Law-B1dgAndDr4vew2yAoc
f=inal —June !9, 2002
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 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 V: Effective Date:
This Local Law shall take effect immediately upon filing as provided by the
Municipal Home Rule Law.
O:\WAPPINGE',Tok%n Board\LOCAL LAW\B1dg14gt&Driveway\Loca1 Law-B1dg.AndDriveway.doc
Final —lune 19, 2002
(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.)
Thereby certify that the local law annexed hereto, designated as local law No. Ai -10 ---------------------------- of 20----02
of the (Town)( of ------ piPinger--------------------------------------------- was duly passed by the
--------- ToWn_Board_---------------------- onAaugust-.5_-_-- 20 02, in accordance with the applicable provisions of law.
(Name ofLegislarive 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 lav No. ----------------------------------- of 20__-___
of the (County)(Citv)(Town)(VillaQe) of_________________________________________________________________ was duly passed by the
----------------------------------------------- on ------------------ 20 ___ , and was (approved)(not approved) (repa sse d after
(Name of Legislative Bodv)
disapproval) by the __________________________________________________ and was deemed duly adopted on ------------------ 20_
(E derive Chief 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)(Village) of_________________________________________________________________ was duly passed by the
--------------------------------------------------- on ------------------ 20---- , and was (approved)(not approved)(repassed after
(Name of Legislative Bodv)
disapproval) by the ------------------------------------------------- 20--- Such local law was submitted
PP ) on
Chief E.eecurive 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 (gene ral)(special)(annual) election held on __________________ 20.___ , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ------------------------------------ of 20______
of the (County)(City)(Town)(Village) of------____________________________________________________________ was duly passed by the
---------------------------------------------------- on ------------------ 20____ , and was (approved)(not a pp rove d)(re passed after
(:Name of Legislanve Body)
disapproval) by the -------------------------------------------------- on ------------------ 20 --- . Such local law was subject to
IEl,cave Chief Executive Officer•)
permissive referendum and no valid petition requesting such referendum was filed as of __________________ 20-___ , 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 vete local laws or ordinances.
(2)
(City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local lav 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 the County of ____________________________________________________ State of New York, having been submitted to the elector;
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.
/ mil a /I
Clerk of the County legislative body, r it ge Cicrk
wa
or officer designated by local legisla ' e y
GLORIA ,Jj. MORSE
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney) Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COIJN7� OF DPTCRFSS
1. the undersigned. hereby certify that the foregoing local law contains the correc: text and that all proper Uroceedines
have been had or taken for the enactment of the '
AT -BERT P. ROBERTS — Attorney to Town
Title
_rfl& o f — Wappi nger
own
31,111
Date: 200.2
(3}