LL #11-2003NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
Local Law Filin
(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
Cita`
of WAPPINGER
Town
NgUage
Local Law No. #11 of the year 20o3
A local law entitled "Local Law Amending the Zoning Map
(Insert Title)
of the Town of Wappinger for Property on Route 9"
Be it enacted by the TOWN BOARD of the
(Name of Legislative Body)
County
of WAPPINGER _ as follows:
Town
TEXT COMMENCES ON NEXT PAGE
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DOS -239 (Rev. 11/99)
LOCAL LAW # # 11 OF THE YEAR 2003
A Local Law entitled "Local Law Amending the Zoning Map of the Town of
Wappinger for Property on Route 9."
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 the Zoning
Map of the Town of Wappinger for Property on Route 9."
Section 2: Legislative Intent
The proposed HB Highway Business zoning for the subject property is in keeping
with the overwhelmingly commercial character of Route 9. The existing R -2F zoning
and the one- or two-family residences which the zone permits are inappropriate, given the
property's location on Route 9, a highly traveled, busy commercial corridor. The
rezoning is also in keeping with the Town Comprehensive Plan, which recommends a
commercial use for the subject property.
References are to sections of the Town of Wappinger Zoning Code.
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Section 3: The property in the following Table 1 and attached Figure 1 shall be
rezoned as shown therein:
Tnhle 1
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
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.
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Approximate
Tax ID
Size Acres
Current Zoning
New Zoning
6156-02-
R -2F Two -Family
HB Highway
737984
0.52
Residence
Business
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
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.
3
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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6
(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.
1111 of 2003
of the Town of Wappinger was duly passed by the Town Board on
April 14, 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 Officer*)
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. (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).
I hereby certify that the local law annexed hereto, designated as local law No. of 2003
of the County of State of New York, having been submitted to the electors
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 I , above.
Clerk of the County legishativeV'dg, Cify /Town or Village Clerk
or officer designated by localgislative body
GLORIA MORSE TO �LERK,
(Seal) Date: �,L
(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 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 Aerctmen�tl�l'oca a9Preto.
tgnature
ALBERT P. ROBERTS, ATTORNEY TO TOWN
Title
Town of WAPPINGER
Village
Date: /,/// � P/�
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