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LL #08-2003Local 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. of WAPPINGER Town Local Law No. iib of the year 20 03 A local law entitled "Local Law Amending the Planning and ZoninZ Department Fee (Insert Title) Schedule and the Escrow Procedure and Initial Deposit Schedule and incorporating said schedules into Chapter 240 Zoning of the Town Code of the Town of Wa in er" Be it enacted by the TOWN BOARD of the (Name of Legislative Body) of WAPPINGER as follows: Town 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 # ii= OF THE YEAR 2003 A Local Law entitled "Local Law Amending the Planning and Zoning Department Fee Schedule and the Escrow Procedure and Initial Deposit Schedule and incorporating said schedules into Chapter 240, Zoning, of the Town Code 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: 1) Amend the Planning and Zoning Department Fee Schedule to incorporate a minor fee and procedure for conceptual reviews before the Planning Board; 2) Amend the Escrow Procedure and Initial Deposit Schedule to alleviate the financial burden imposed on applicants who submit applications of a minor nature to the Planning Board by creating a new class of applications, "Minor Applications," which would require the applicants for such minor applications to deposit and maintain an escrow fund of $500, instead of the significantly higher escrow funds which are normally required; and 3) Incorporate said schedules into Chapter 240, Zoning, of the Town Code. 2 of 6 Section 3: The Planning and Zoning Department Fee Schedule of Section 240-110, Fees, of the Zoning Law shall be amended as shown in the attached schedule: (see attached schedule) Section 4: The Escrow Procedure and Initial Deposit Schedule of Section 240-110, Fees, of the Zoning Law shall be amended as shown in the attached schedule: (see attached schedule) Section 5: The Planning and Zoning Department Fee Schedule and the Escrow Procedure and Initial Deposit Schedule of Section 240-110, Fees, of the Zoning Law shall be incorporated into Chapter 240, Zoning, of the Town Code in a manner consistent with the Schedules of Use Regulations (residential and nonresidential) and the Schedules of Dimensional Regulations (residential and nonresidential). Section 6: 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 7: 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 3 of 6 ti 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 hereof is held inapplicable had been specifically exempt there from. Section S: 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. 4of6 (Complete the certification in the paragraph that applies to the filing of this local law and strikeout 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. #8 of 2003 of the ( {ffit30 (Town) ( gA) of I n- was duly passed by the _Town Board on May 27, 2003, in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*. I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the and was deemed duly adopted on 2003, (Elective 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 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the on 2003. Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory) (permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special) (annual) election held on 2003, 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 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the on 2003. Such local law was subject to (Elective Chief Executive Ojfcer*) permissive referendum and no valid petition requesting such referendum was filed as of 2003, 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. 5 of 6 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 2003 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 2003, became operative. 6. (County local law concerning adoption of Charter). of 2003 I hereby certify that the local law annexed hereto, ted as local law No. — Statesof New York, having been submitted to the electors of the County of at the General Election of November 2003, 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 cities 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 indicated in paragraph 1 , abo e. Clerk of Me C ounty le ' a ' body, ty, Town or Village Clerk or officer designate y al legisla ' e body (Seal) Date: /'03 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality). STATE OF NEW YORK COUNTY OF Qy TrC WA SS 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 local lla annexed hereto. Title of Town Da�T �3 j:\docs2\500\wappinger\zone amendments\escrow.minor.locallaw.lkb.doc 6 of 6 CURRENT FEE SCHEDULE PLANNING DEPT. FEES Subdivision Fees:* Subdivision Application Fee: $500, plus $150 per lot. Recreation Fee: Site Plan Fees:* Site Plan Application Fee: Amended Site Plan Application Fee: Special Use Permit Fees:* Special Permit — Accessory Apartment Fee: Special Permit — Regular Fee: *Conceptual Review Fee (subdivision, site plan, special permit): ZONING DEPT. FEES Variance Fee: (Resident) Area/Use Variance Fee: (Commercial) Area/Use Variance Fee: Interpretation Fee: For 1 — 9 lots, $1,500 per lot; For 10 or more lots, the Planning Board shall determine whether to require the reservation of land, or payment of $1,500 per lot. $500, plus $150 per 1,000 sq. ft. of gross floor area of the building. Plus $10 per parking space. $250, plus $150 per 1,000 R. of floor area. $100 per application. $50 per application. $250 per application. The conceptual review fee shall be credited toward formal review fees. $50 per application $250 per application $35 per application • All application fees are non-refundable. • Copy Work $.25 per page. • Please note, the applicants will be billed by the local newspaper for the legal notice. • Escrow Funds — See attached schedule. • Effective date September, 2001. • All maps must be folded prior to submission. jAdocs2\500\wappinger\zone amendments\current fee schedule3.clean. lkb.doc 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, SEAR Experts, Planning, Legal or other consultation fees incurred by the Town of Wappinger with respect to matters before the Planning Board / Zoning Board are bome 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 Controller via certified check, a sum of money in accordance with the table below. The Controller shall pay 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 inspections and reviews involving construction, the Town may issue a stop work order. No subdivision plat or site development plan shall be endorsed or filed until all professional review fees charged in connection with the review of the project have been reimbursed to the Town. No building permit shall be issued unless all professional review fees charged in connection with the review of the applicant's project have been reimbursed to the town and a new escrow account has been established to cover all post -approval review costs, including but not limited to inspection of construction of roads and driveways. No certificate of occupancy shall be issued unless all professional review fees charged in connection with the post -approval inspection and review of the project have been reimbursed to the Town. No refunds of any funds remaining on deposit in escrow shall be issued until after all pertinent professional review charges have been paid and the final certificate of occupancy has been issued to the project, or where applicable, the road has been accepted by the Town and the one-year maintenance period has expired. 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 MINOR APPLICATIONS', the applicant shall deposit and maintain a sum calculated as follows: C) $500 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. j:\docs2\500\wappinger\zone amendments\fee schedule.apri122.clean.M.doc 1 Includes: Accessory Apartments; Professional Office or Studio Uses in a Residence; Home Occupations involving on- site clients, visitors, customers or patrons; lot line changes and land transfers which result in conforming lots and which involve less than 10% of the minimum lot area of each involved lot; and subdivisions in which no new building lots are created.