LL #04-2004Local 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.
Zown of ----- p.:Lng-e=-------------------------------
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VDIM
Local Law No. ---------- 4_______________________ of the year 20 ---
A local law ---- Entitled___"l.oca.1__.av_Hit.__ _Q£_T.he__X�N-2Q04,_ Amending_
(Insert Tide) ---------------
____ Chapter_ 122 _and various other sections of the Town of
_Wappinger Code"_
Be it enacted by the _________Town Board
(Name ojl erielativs Body)
-----------------
fta
of......... appger-----------------------------------------------
Town
TEXT COMMENCES ON NEXT PAGE
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------------ as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 11/99) (1)
LOCAL LAW NO. #4 OF THE YEAR 2004
A Local Law entitled "Local Law No. -#-4,- of the Year 2004, Amending Chapter 122 and
various other sections of the Town of Wappinger Code".
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title: -r
This Local Law shall be known and cited as Town of Wappinger "Local Law No. #4 of
the Year 2004, Amending Chapter 122 and various other sections of the Town of Wappinger Code"
and by the adoption thereof, shall amend Chapter 122 to include a new Article, Article 1V, to
include a Schedule of Fees charged by the Town for various permits, licenses, and other
activities, as set forth below, and which shall also amend various sections of the Town Code,; and
which shall also increase and/or modify the calculation of some of the fees charged by the Town.
Section II: Legislative Intent•
The Town Board has determined that it is in the best interest of the Town and its
residents to clearly and concisely enumerate the fees charged by the Town for various
permits, licenses and other activities regulated by the Town. The Town Board has further
determined that enumerating all such fees in one location in the Town Code will provide
residents of the Town with easy access to the fees charged by the Town, and will help to
ensure uniform application of Town fees. The Town Board has further determined that
some of the fees charged by the Town are insufficient for the work being performed, have
not been adjusted for many years (in some cases, decades), and some are calculated in a
confusing or unclear manner. As such, -some of the fees are in need of being raised to
more reasonable and current rates, and/or are in need of being subject to new formulas for
calculating. Accordingly, it is the determination of the Town Board that Chapter122 of
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the Town of Wappinger Code should be amended to include a new Article, known as
"Article IV", "Schedule of Fees", to enumerate, and in some instances increase and/or
modify the calculations of, the fees charged by the Town for various permits, licenses and
other activities regulated by the Town. It is the further determination of the Town Board
that other sections of the Town Code which reference fees for various permits, licenses and -
other activities should be amended to make reference to the new article (Article IV) of
Chapter 122 of the Code.
Section III:
The Town of Wappinger Code Chapter122 ("Fees") is hereby amended by adding the
following Article, "Article IV", "Schedule of Fees", which shall appear in Chapter 122 of the Town
of Wappinger Code following the current text of Chapter 122 as follows:
Article IV
Schedule of Fees
§122-14. Purpose. This article proposes to provide a consolidated schedule of fees to be charged
by the Town of Wappinger in the administration of town laws, ordinances, regulations and local law
and to permit periodic review and modification of such fees by the Town Board by local law
adopted in accordance with this chapter.
§122-15. Applicability. The fees set forth in this article shall apply to the provisions of all local
laws, ordinances, regulations and resolutions adopted by the Town of Wappinger and shall
supersede any specific fee contained or referred to in such laws, ordinances, regulations or
resolutions which have been adopted prior to the date of this article. References to section numbers
(denoted by the "§" symbol) within section 122-16 of this article refer to sections of the Code of the
Town of Wappinger from which the particular fee in question is derived. If no section number is
indicated for a particular fee, that fee was enacted at the time of adoption of this article by local law.
§122-16. Fee Schedule. The fee schedule shall be as follows:
A. Chapter 1. General Provisions.
(1) §1-9. Sale of the Code Book: $125.00
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B. Chapter 50. Records.
(1) §50-7.A. Copies: $0.25 per page
(2) §50-7.B. Certification: $0.25
C. Chapter 68. Animals.
(1) §68-8.B. Redemption Fees' :$50.00 for 1St occasion
$100.00 for 2nd occasion
$200.00 for 3rd, and subsequent, occasion(s)
(2) §68-10. Adoption: $20.00
D. Chapter 71. Assemblies, Mass Public.
(1) §71-4.B. and 71-9. Permit Application Fee:
$35.00 per day
E. Chapter 80. Blasting.
(1) §80-5.A. Blaster's License: $50.00
(2) §80-5.C. Blaster's License Renewal or Extension: $10.00 per day
F. Chapter 133. Flood Damage Prevention.
(1) §133-II.B. Floodplain Development Permit Fee:
$50.00
G. Chapter 143. Garage and Yard Sales.
(1) §143-4.K. Garage/Yard Sale Permit: No Fee
H. Chapter 153. Junkyards.
(1) §153-5.A. License Fee: $200.00 per year
(2) §153-5.A Subsequent inspections for failure to comply: $50.00 per inspection
Pw xeaemption tees in this Chapter may also include the additional costs of kenneling and medical care provided,
such as required shots.
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I. Chapter 175. Peddling and Soliciting.
(1) § 175-7.B. and 175-9.A. Application/License Fee: $200.00 per year
(2) §175-9.B. Weekend only permit: $35.00
(3) §175-10.B. Replacement Fee for Lost or Stolen License: $25.00
J. Chapter 206. Soil Erosion and Sediment Control.
(1) §206-17. Grading Permit Fees:
For projects of 3 acres or less: $45.00
For projects exceeding 3 acres — 50 acres: $115.00
For projects exceeding 50 acres: $250.00
(2) §206-17. Inspection Fees:
For projects of 3 acres or less: $100.00
For projects exceeding 3 acres, use the formula:
20 (slope) X 5 (total area in acres) or 20 M X 5A
K. Chapter 214. Streets and Sidewalks.
(1) §214-7. Permit fee for excavating in or under highway:
$50.00
(2) §214-18. Driveway Permit fee:
$50.00
L. Chapter 217. Subdivision of Land.
(1) Subdivision Application Fee: $500.00, plus $150.00 per lot
(2) Recreation Fee:
For 1-9 lots, $2000.00 per lot;
For 10 or more lots, the Planning Board shall determine-
whether
eterminewhether to require the reservation of land, or payment of
$2000.00 per lot.
M. Chapter 234. Water.
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(1) §234-44.B. Permit fee to open streets, lanes, etc. to install mains, services, etc.:
$50.00
(2) §234-45. Fee for turning water on and/or off at owner's request:
$50.00 per request
N. Chapter 240. Zoning.
(1) §240-48. Special Use Permit Application Fees:
Special Permit —Accessory Apartment: $100.00 per application
Special Permit —Regular Fee: $50.00 per application
(2) §240-59 Permit fee for temporary outdoor use and/or sales:
(3) §240-84. Site Plan Fees:
Site Plan Application Fee:
Amended Site Plan
Application Fee:
$35.00
$500.00, plus $150.00 per
1000 sq. ft. of gross floor
area of the building. Plus
$10.00 per parking space.
$250.00, plus $150.00 per
1000 sq. ft. of floor area.
(4) Conceptual Review Fee (subdivision, site plan, special permit):
$250.00 per application. The conceptual review fee shall be credited
toward formal review fees.
(5) §240-107. Fees for Applications to Zoning Board of Appeals:
(Resident) Area/Use Variance Fee: $50.00 per application
(Commercial) Area/Use Variance Fee: $250.00 per application
Interpretation Fee: $35.00 per application
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(6) §240-108. Building Permit Fees:
a. Construction:
I. RESIDENTIAL2:
1. 1 and 2 -family homes, and modular dwellings:
$0.50 per square foot of living space
2. Mobile Homes (single and double wide):
$0.35 per square foot of living space
3. Carports/Garages 3 :
Carport: $50.00
Garage: $ 0.35 per sq. ft. (or, the minimum
fee of $50.00, whichever is greater)
4. Porches/Decks
(a) covered, screened, and/or enclosed, without heat4:
$0.35 per square foot
(b) open deck: $0.25 per square foot
5. Non -habitable accessory building (except garages):
less than 200 square feet: $50.00
more than 200 square feet: $ 0.35 per
square foot
6. Other New Construction:
Pool: $50.00
Hot Tub: $50.-06
Z Includes New Construction, Renovations, and Additions.
3 Use square footage of ground floor only for 2 -Story garages
4 Porches or decks which are enclosed with heat may be considered to be living space subject to the applicable
charge for living space.
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II. COMMERCIALS (references herein are to Use and Occupancy
Classifications as set forth in the New York State Building Code):
1. New Construction
i. For Use and Occupancy Classifications A,
E, F, H, I, R-3 and R-4, fee is $1.00 per
square foot up to and including 5000 square
feet; plus $0.50 per square foot over 5000
square feet.
ii. For Use and Occupancy Classifications B
and M, fee is $0.75 per square foot up to and
including 5000 square feet; plus $0.30 per
square foot over 5000 square feet.
iii. For Use and Occupancy Classifications S
and U, fee is $0.40 per square foot up to and
including 5000 square feet; plus $0.20 per
square foot over 5000 square feet.
2. Renovations:
i. %2 of New Construction costs in section H. I.,
above.
b. Demolition:
$50.00 plus $0.01 per square foot
c. Alterations and Structural repairs 6:
$50.00 per inspection/visit; Building Department will estimate
number of visits based on the nature of the permit.
d. Certificate of Occupancy (includes new C/O and a C/O for change of
use or for change of occupant):
$100.00
5 "COMMERCIAL" includes, among other things, apartment buildings and multi -family homes, except 2 -family
homes, which are addressed in "RESIDENTIAL", above.
6 Building Department has discretion to determine whether an applicant's project is an alteration, a structural repair
or a renovation.
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e. Other Building Permit Fees:
Fireplace/Stove/Chimney:
$50.00
Replacement of Furnace/Boiler7:
$50.00
Electrical Upgrades 8:
$50.00
Tent (temporary permit for outdoor sales
on commercial site):
$50.00
Compliance fee for structure or use for
which no permit or C/O was obtained:
$200.00 plus cost of
building permit for
structure/use
Re -inspection fee for prior non-compliance
(3rd and subsequent visits):
$50.00 per visit
C/O and/or municipal violation search:
$75.00
(7) §240-110. Escrow Funds:
For SUBDIVISIONS, the applicant shall deposit and maintain a sum
calculated as follows:
Number of lots Amount
0-2 $ 3,750.00
3-10 $ 7,500.00
11-35 $22,500.00
>35 $52,500.00
For SITE PLANS & REGULAR SPECIAL USE.PERMITS, the applicant
shall deposit and maintain a sum calculated as follows:
Square Footage Amount
0 to 3,000 $ 3,750.00
3,001 to 20,000 $ 7,500.00
20,001 to 50,000 $22,500.00
>50,000 $52,500.00
For MINOR APPLICATIONS9, the applicant shall deposit and maintain
Includes hot water heat/plumbing alterations and central air condition systems
8 Includes change electrical service, any extensions of electric facilities added, new outlets/switches/fixtures
9 Includes: Accessory Apartments; Professional Office or Studio Uses in a Residence; Home Occupations involving
onsite clients, visitors, customer 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.
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a sum calculated as follows:
$500.00
For VARIANCES, the applicant shall deposit and maintain a sum
Determined by the Zoning Board of Appeals.
For ROAD INSPECTION, the applicant shall deposit a sum equal
to 3% of the construction costs as estimated by the Town Engineer.
(8) §240-112.A.(2). Application/Petition Fee for Rezoning:
$1000.00
O. Miscellaneous Fees.
(1) Sign Permit Application Fee: $1.50 per sq. ft. (double if two-sided).
(2) Garbage Tickets:
$2.00 per ticket for seniors (60 and over)
$4.00 per ticket for all others
(3) Returned Check Fee: $35.00
(4) Plans & Specs10: $50 - $100.00
§122-17. Periodic Review. The Town Board may periodically review the fee schedule set forth
in this article and may, by local law, after public hearing for which notice shall be given 10 days
prior, amend the fees set forth herein.
Section IV: Amendments to the Code.
The following provisions of the Code are also amended:
1. Section 1-9 entitled "Sale of Code book; supplementation", is hereby amended to
read as follows:
"Copies of the Code, or any chapter or portion of it, may be purchased from the
Town Clerk, or an authorized agent of the Clerk, upon the payment of a fee as set
forth in Chapter 122, Article IV, § 122-16.A of the Code. The Clerk may also
arrange for procedures for the periodic supplementation of the Code."
2. Section 1-1 LB, is hereby amended to read as follows:
"Fees: Specific fee amounts are set forth in Chapter 122, Article IV of the Code."
10 Refers to plans and specs to be obtained from the Town of Wappinger by bidders for Town projects.
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3. Section 50-7.A.(1) is hereby amended to read as follows:
"The Town officer or employee charged with the custody and keeping of the
record shall, upon request, make a copy or copies of any record subject to such
inspection upon a payment of a fee as set forth in Chapter 122, Article IV, § 122- _
16.B.(1) of the Code."
4. Section 50-73 is hereby amended to read as follows:
"Certification. Any Town officer or employee charged with the custody and
keeping of any such record shall, upon request, certify a copy of a document or
record prepared pursuant to the provisions of the preceding subsection upon
payment of a fee as set forth in Chapter 122, Article IV, § 122-16.B.(2). of the
Code."
5. Section 68-8.B is hereby amended to read as follows:
"Redemption Fees. At any time during the period of redemption, the owner of
any dog seized may redeem such dog, provided that such owner produces proof
that the dog has been licensed and has been identified, provided that the owner
pays redemption fees as set forth in Chapter 122, Article IV, § 122-16.C.(1) of the
Code."
6. Section 68-10.A is hereby amended to read as follows:
"At the expiration of the appropriate redemption period an unredeemed dog may
be made available for adoption for the adoption fees as set forth in Chapter 122,
Article IV, § 122-16.C.(2) of the Code."
7. Section 71-4.B.(1) is hereby amended to read as follows:
"The applicant shall pay to the town a fee per each application as set forth in
Chapter 122, Article IV, §122-16.D.(1) of the Code."
8. Section 71-9 entitled "Fees" is hereby amended to read as follows:
"The applicant shall pay to the town a fee as set forth in Chapter 122, Article IV,
§122-16.D.(1) of the Code at such time as he submits his application, which fee
shall be returned by the town if such permit is not issued."
9. Section 80-5.A. is hereby amended to read as follows:
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"A blaster's license shall be issued by the Town Clerk of the Town of Wappinger
upon application on forms prescribed by her and upon payment of a fee as set
forth in Chapter 122, Article IV, §122-16.E.(1) of the Code, provided that the
applicant shall have complied with the requirements as provided for under the
Labor Law and under the Codes, Rules and Regulations and all other state statutes
and regulations as well as all local laws and ordinances and shall, in addition,
have furnished evidence in the form of a certificate of insurance issued by an
insurance company authorized to do business in the State of New York, in form
acceptable to the Attorney to the town, guaranteeing that the applicant has in full
force and effect at the time of the making of such application a policy of public
liability insurance, including a specific endorsement covering any and all
liabilities arising from blasting operations. The policy and certificate shall
provide for bodily injury coverage in limits of not less than $500,000/$1,000,000
and for property damage coverage in limits of not less than $250,000 and shall
further provide that the Town of Wappinger, Dutchess County, New York, will be
held harmless from any and all claims, actions and proceedings which may be
brought against it by any person, firm or corporation for injury to person or
damage to property resulting from or occasioned by such blasting operations.
Such policy shall contain the further provision that it shall not be canceled,
terminated, modified or changed by the insurance company issuing it unless at
least 10 days' prior written notice of such cancellation, termination, modification
or change is sent to the Town Clerk by registered mail. The policy shall further
provide that the presence of the Town Engineer or any consulting engineer
responsible for specific town projects or their representatives on the site of the
operation shall not affect the obligation of the insurer under its said policy. No
blaster's license shall be valid unless such insurance coverage shall remain in full
force and effect."
10. Section 80-5.C. is hereby amended to read as follows:
"The blaster's license shall be valid only for one day at the location specified on
the permit, its issuance providing that the applicant shall comply with the
requirements contained in this chapter, with the Labor Law and with the Codes,
Rules and Regulations. Separate application must be made for renewal or
extension, and a fee as set forth in Chapter 122, Article IV, Section 122-16.E.(2)
of the Code shall accompany each application for renewal or extension.
Extension or renewal for a date 15 or more days beyond the first permit date shall
not be permitted."
11. Section 122-13, entitled "Subdivision Recreation Fee", is hereby amended to read as
follows:
"The subdivision recreation fee is hereby set at an amount per lot subdivided as
set forth in Chapter 122, Article IV, §122-16.L of the Code, pursuant to the
Subdivision Regulations of the Town of Wappinger and Town Law of the State of
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New York §§276 and 277. The fees per subdivision shall be calculated by the
Zoning Administrator."
12. Section 133-1 LB is hereby amended to read as follows:
"Fees. All applications fora floodplain development permit shall be accompanied
by an application fee as set forth in Chapter 122, Article IV, § 122-16.F.(1) of the
Code. In addition, the applicant shall be responsible for reimbursing the Town of
Wappinger for any additional costs necessary for review, inspection and approval
of this project. The local administrator may require a deposit in an amount as set
forth in Chapter 122, Article IV, § 122-16 of the Code to cover these additional
costs."
13. Section 143-4.K is hereby amended to read as follows:
"Each permit application shall be accompanied by a fee as set forth in Chapter
122, Article IV, §122-16.G.(1) of the Code."
14. Section 153-5.A is hereby amended to read as follows:
"The fee for the license is set forth in Chapter 122, Article IV, §122-16.H.(1) of
the Code, which sum covers not only the cost of issuing the license itself but also
the cost of making the initial inspection of the premises to ascertain compliance
with the regulations hereinafter prescribed. Any subsequent inspection resulting
from failure to comply shall cost an amount as set forth in Chapter 122, Article
IV, § 122-16.H.(2) of the Code. If noncompliance with this article shall exist 30
days after such initial inspection, the application theretofore made shall be
deemed to be null and void and the applicant shall then cease and desist from all
types and manner of junkyard operation."
15. Section 175-73 is hereby amended to read as follows:
"The application shall be accompanied by an application/renewal fee, as set forth
in Chapter 122, Article IV, §122-161(l) of the Code, which shall be
nonrefundable."
16. Section 175-9.A is hereby amended to read as follows:
"An applicant for a license issued pursuant to this Chapter shall pay an annual
license fee as set forth in Chapter 122, Article IV, §122-16.I.(1) of the Code, to be
collected by the Town Clerk."
17. Section 175-9.B is hereby amended to read as follows:
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"A license for a one weekend only permit shall be issued only after the applicant
has paid a fee in the amount set forth in Chapter 122, Article IV, § 122-16.(1)(2) of
Code."
18. Section 175-103 is hereby amended to read as follows:
"If a license issued pursuant to this Chapter is lost or stolen, such loss shall be
reported to the Town Clerk within ten days of discovery of such loss or theft.
Upon such notification, the Town Clerk shall issue a replacement license for a fee
as set forth in Chapter 122, Article IV, §122-16.I.(3) of the Code, to be collected
by the Town Clerk."
19. Section 206-17 entitled "Fees" is hereby amended to read as follows:
"The fees for permits and inspections based upon relevant criteria, is set forth in
Chapter 122, Article IV, §§122-16.J.(1) and (2) of the Code."
20. Section 214-7 entitled "Issuance of permit; fee" is hereby amended to read as
follows:
"The Superintendent, upon a finding by him that the issuance of the permit is
authorized by this article and general law, and upon compliance by the applicant
with the herein -contained provisions relating to general liability insurance and
security deposit, shall issue the permit for the proposed work and may attach'such
reasonable conditions, including the specification of a completion date, as in his
opinion may be necessary to protect the interest of the town and to guarantee the
right of public access through and along said highway during the progress of the
work. The fee for the permit shall be the sum as set forth in Chapter 122, Article
IV, 122-16.K of the Code, which shall be deposited with the Superintendent upon
issuance of the permit."
21. Section 214-18 entitled "Permit required for installation" is hereby amended to
read as follows:
"No person shall install or construct a private driveway with access on a public
street without first obtaining a permit from the Town Highway Superintendent
and paying the fee for such permit. The fee for such permit is set forth in Chapter
122, Article IV, § 122-16K.(2) of the Code."
22. Section 217-12.E.(1) is hereby amended to read as follows:
"Be made in duplicate on the application form, copies of which are available from
the office of the Planning Board, and be accompanied by an application fee,
payable to the Town of Wappinger, in accordance with the fees as set forth in
Chapter 122, Article IV, §122-16.L of the Code."
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23. Section 217-13.B.(1) is hereby amended to read as follows:
"Final application. The final application form filled out in duplicate, copies of
which are available from the office of the Planning Board and a fee, if required,
as set forth in Chapter 122, Article IV, § 122-16 of the Code."
24. Section 217-16.E is hereby amended to read as follows:
"Inspection Fee. All applicants for approval of subdivisions involving the
construction of streets and/or other improvements shall be required to submit an
inspection fee, payable to the Town of Wappinger, in accordance with the fees as
set forth in Chapter 122, Article IV, § 122-16 of the Code before the plat is
signed."
25. Section 217-25.A.(4) is hereby amended to read as follows:
"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 set forth in Chapter 122, Article IV, §122-16.L of the
Code."
26. Section 234-44.B is hereby amended to read as follows:
"The fee for permission to open streets, lanes, walkways and other public grounds
for the purpose of installing mains, services and other appurtenances shall be
subject to permission and a fee as set forth in Chapter 122, Article IV, § 122-16.M
of the Code."
27. Section 234-45 entitled "Fees for turning water on and off' is hereby amended to
read as follows:
"Water shall not be turned on or off except by the town's authorized agent. There
will be no charge for the first turning on of the water, but should the Town Board
or its agent turn it off because of any delinquency on the part of the consumer or
for other valid cause, the water will not be turned on again until all the charges
and a fee as may be set forth in Chapter 122, Article IV, §122-16.M of the Code
has been paid by the owner. When water is turned on or off at the request of an
owner a fee may be charged as set forth in Chapter 122, Article IV, § 122-16.M of
the Code. While so shut off by the Water Department at the curb box, the
minimum charge for water will be made."
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28. Section 240-43.A.(o is hereby amended to read as follows:
"Application fee: A certified check payable to the Town of Wappinger in
accordance with the Town of Wappinger fee schedule as set forth in Chapter 122,
Article IV, §122-16 of the Code."
29. Section 240-48 entitled "Fees" is hereby amended to read as follows:
"Application for a special permit shall be accompanied by a fee as set 'forth. in
Chapter 122, Article IV, §122-16.N.(1) of the Code. The approving agency shall
require the establishment of an escrow deposit in accordance with §240-110A(3)
herein to reimburse the town for the professional review fees charged in
connection with the review of the application."
30. Section 240-50.E.(1)(b) is hereby amended to read as follows:
"Application and review fees for the proposed designed residential development
shall be required in accordance with the current fee schedule as set forth in
Chapter 122, Article IV, § 122-16 of the Code."
31. Section 240-51.I is hereby amended to read as follows:
"Fees. The Town of Wappinger subdivision fee schedule as set. forth in Chapter
122, Article IV, § 122-16 in the Code will apply with regard to applications for
new mobile home parks with each trailer site equivalent to one lot."
32. Section 240-84 entitled "Application for site development plan approval" is
hereby amended to read as follows:
"Application for site development plan approval shall be made, in writing, at least
three weeks in advance of a regularly scheduled Planning Board meeting. It shall
be submitted to the Zoning Administrator and shall be accompanied by a detailed
development plan prepared by a qualified individual or firm, such as a registered
architect, landscape architect, or professional engineer. An application fee shall
accompany each such application in an amount set forth in Chapter 122, Article
IV, § 122-16.N.(3) of the Code. The Planning Board shall require the
establishment of an escrow account deposit in accordance with §240-110A(3)
herein to reimburse the Town for the professional review fees charged in
connection with the review of the application. All applications shall provide the
following information:"
The remainder of Section 240-84 of the Code, including Sections 240-84.A, 240-
84.B and 240-84.0 shall remain the same.
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33. Section 240-107.C.(2)(c) is hereby amended to read as follows:
"An application fee shall accompany each such application in an amount set forth
in Chapter 122, Article IV, § 122-16.N.(5) of the Code. The Zoning Board of
Appeals shall require the establishment of an escrow account deposit in
accordance with §240-11 OA(3) herein to reimburse the town for the professional
review fees charged in connection with the review of the application."
34. Section 240-108.B.(4) is hereby amended to read as follows:
"All applications for building permits shall be accompanied by a fee as set forth in
Chapter 122, Article IV, § 122-16.N.(6) of the Code, which shall be retained by
the town irrespective of the action taken on such application, and no application
shall be deemed to have been received by the Building Inspector unless
accompanied by the payment of such fee."
35. Section 240-108.1) is hereby amended to read as follows:
"Records. A record of all permits issued and the duplicate copies of each such
permit and site plan shall be kept on file in the office of the Building Inspector,
and certified copies thereof shall be furnished upon payment of a fee in
accordance with the current fee schedule as set forth in Chapter 122, Article IV,
§ 122-16 of the Code for each copy."
36. Section 240-109.0 is hereby amended to read as follows:
"Existing structures. The Building Inspector shall maintain a record of all
certificates and copies shall be furnished upon request to any person having a
proprietary interest in the building or premises affected. Upon written request
from the owner and on payment by him to the Town of a fee in accordance with
the current fee schedule as set forth in Chapter 122, Article IV, § 122-16.N of the
Code, the Building Inspector shall issue a certificate of occupancy for any
building or premises existing at the time of enactment of this chapter, certifying,
after inspection, the extent and kind of use or disposition of the building or
premises and whether such use or disposition of the building or premises
conforms with the provisions of this chapter."
37. Section 240-110.A.(1) is hereby amended to read as follows:
"All nonrefundable application fees shall be in an amount set forth in Chapter
122, Article N of the Code. No fees shall be required from the Town or any of
its districts."
\\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Fees\Law-Rf61-Hearing.doc
38. Section 240-110.A.(3)(a) is hereby amended to read as follows:
"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 amount, 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 as set forth in Chapter 122,
Article IV,_�122-16.N.(7) of the Code. It is the intent of these regulations to,
ensure that the applicant always has on deposit with the Town of Wapping6r, 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
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.
39. Section 240-112.A.(2) is hereby amended to read as follows:
"All petitions for rezoning shall contain a metes and bounds description of the
property to be rezoned as well as the names and addresses of all adjacent and
abutting property owners. The petition shall be submitted by the owner and shall
describe in detail the reasons for the requested zoning. The Town Board may
require the submission of such additional information as it deems appropriate. An
application fee shall accompany each such application in an amount set forth in
Chapter 122, Article IV, § 122-16.N.(8) of the Code. The Town Board shall
require the establishment of an escrow account deposit in accordance with §240-
110(A)(3) herein to reimburse the Town for the professional review fees charged
in connection with the review of the application."
\\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Fees\Law-Rfspl-Hearing.doc
40. The fees for subdivisions, site plans, special use permits, conceptual reviews, and
variances reflected in the schedule entitled "Current Planning and Zoning
Departments Fee Schedule", which are set forth immediately after section 240-
112.E of the Town Code, are hereby replaced by the fees set forth in Chapter 122,
Article IV, §§ 122-16.L and 122-16.N. Additionally, the "calculation of escrow
fund" reflected in the schedule set forth at the end of Chapter 240 of the Town
Code is hereby replaced by the escrow fund calculations set forth in Chapter 122,
Article IV, § 122-16.N. All other requirements enumerated in the "Requirements
for Escrow Funds" and "Current Planning and Zoning Departments Fee
Schedule", which are set forth at the end of Chapter 240 of the Town Code%are
hereby incorporated into Chapter 122, Article 1V of the Code.
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 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 VI: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law.
Wsrp03\Common\Wappinger\Town Board\LOCAL LAW\Fees\Law-Rf$I- Hearin g.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.)
I hereby certify that the local law annexed hereto, designated as local law No.____________#_4____________________ of 20p A—
of the )(Town)() Of ---- WaPPer--------------------------------------------- was duly passed by the
--Ta m--&Qar_d--------------------------- onMarch_ $�2004_, in accordance with the applicable provisions of law.
(Name of Legislative Body)
2. (Passage by local legislative body.w4th 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_-___
-------------
o the (County)(City)(Town)(Village) of ____________________
------------------------------------------•- was duly passed by the
---------------------------------------------- on ________ ___ , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
----------
disapproval) by the ----------------------------------------
(Elective Chief Executive Officer*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
-- and was deemed duly adopted on __________________ 20__:_ ,
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 ------------------------------------------- _----- on------------------- 20----
Such local law was submitted
(Elective Chief Executive OJ)Scer')
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 (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the ______________________________________________ on ------------------ 20 , Such local law was subect to
(Elective Chief Executive Officer-) i
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 veto local laws or ordinances.
(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 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 ------ ------ above. n . • /
(Seal)
Clerk of the County legislai�?Elerk7l
ty, �`or Village Clerk
orofffcerdesignated by locbody
Gloria Morse, /
Date:
(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 enactment of the local law annexed hereto.
Albert P. Roberts - Attorney to the Town
Title
ny of Wappinger
Town
Date: —may
(3)