LL #08-2004NEW 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.
Town of WAPPINGER
Local Law No. # 8 of the year 20 04
A local law (Insert Title) entitled "Local Law # 8 of 2004 amending the Town Code,
Section 206-8 Permits and Section 240-83 Approval and conformity
required "
Be it enacted by the TOWN BOARD
of the
(Name of Legislative Body)
Town of WAPPINGER as
follows:
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 # 8 OF THE YEAR 2004
A Local Law entitled "Local Law # 8 of 2004, amending the Town Code, Section 206-8,
Permits and Section 240-83, Approval and conformity required."
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 #_B__ of 2004, amending the
Town Code, Section 206-8, Permits and Section 240-83, Approval and conformity
required."
Section 2: Legislative Intent
The amendments seek to address the issue of site disturbance and grading for commercial
properties being undertaken speculatively and in anticipation and independent of future
site plan development and approval, which, unregulated, can negatively affect public
safety, property values and the environment. The separation of land disturbances and the
consideration and planning of future land use represent segmentation of the evaluation of
the cumulative impacts of development, as set forth in SEQRA, and is strongly
discouraged. By stipulating that no grading or site disturbance shall be permitted, other
than for one (1) one -family dwelling, except in conformity with an approved site
development plan, the amendments will ensure that disturbances to the land will be
considered in conjunction with, and not independently of, the proper future use and
development of the property.
Section 3: Section 206-8, Permits, of the Town of Wappinger Town Code, shall be
amended to read as follows:
"§206-8. Permits.
A. Requirement. Except as exempted by Subsection B of this section, no applicant
shall do any grading, stripping, cutting, filling or other site preparation for a one -
family dwelling without a valid grading permit issued by the Zoning
Administrator, or for anything other than a one -family dwelling, site plan approval
from the Planning Board, pursuant to Section 240-83.
B. Application. A separate application shall be required for each grading permit.
Plans, specifications and timing schedules shall be submitted with each application
for a grading permit. The plans shall be prepared or approved and signed by a
professional engineer, surveyor or an architect at a scale acceptable to the Zoning
Administrator and shall be reviewed and approved, disapproved or modified by
the Engineer to the town. The Zoning Administrator may waive the preparation or
2
approval and signature by the applicant's professional engineer, surveyor or
architect when the work entails no reasonable hazard to the adjacent property."
Section 4. Chapter 240-83, Approval and Conformity Required, of the Town of
Wappinger Town Code shall be amended to read as follows:
"§240-83. Approval and conformity required.
No building permit shall be issued, no grading, stripping, cutting, filling or other site
preparation or disturbance shall be permitted, and no structure or use shall be established,
other than for one (1) one -family dwelling, except in conformity with an approved site
development plan, and no certificate of occupancy for such structure or use shall be
issued until all the requirements for such approval and any conditions attached thereto
have been met, except as may be otherwise specifically provided for in the resolution of
site plan approval. The continued validity of any certificate of occupancy shall be subject
to continued conformance with such approved plans and conditions. Revisions of such
plans and changes of approved uses shall be subject to the same approval procedure. Any
proposed construction of new structures or additions thereto or any change or
modification of use of property which adds to or modifies a previously approved site
development plan shall require further site plan approval, termed amended site plan
approval by the Planning Board. The Zoning Administrator shall enforce all
requirements and conditions of the approved site development plan."
Section 5.
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 6: 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 7: 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.
(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
iib of 2004 of the y) (CMA (Town)
WAPPTNGER was duly passed by the TOWN BOARD
JUNE 9, 2004, in accordance with the applicable provisions of law
(Name of Legislative Body)
local law No.
()e) of
on
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
of 2004 of the (County) (City) (Town)
was duly passed
on 2004, and was
approved) (repassed after
(Name of Legislative Body)
disapproval) by the
2004,
(Elective Chief Executive Officer*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum).
local law No.
(Village) of
by the
(approved) (not
and was deemed duly adopted on
I hereby certify that the local law annexed hereto, designated as local law No.
of 2004 of the (County) (City) (Town) (Village) of
was duly .passed by the
on 2004, and was (approved) (not
approved) (repassed after
(Name of Legislative Body)
disapproval) by the on 2004. 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)
4
(special) (annual) election held on 2004, 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
of 2004 of the (County) (City) (Town)
was duly passed
on 2004, and was
approved) (repassed after
(Name of Legislative Body)
disapproval) by the
law was subject to
local law No.
(Village) of
by the
(approved) (not
on 2004. Such local
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of
2004, 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 2004 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 2004,
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 2004 of the County of State of New
York, having been submitted to the electors at the General Election of November
2004, 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.
5
S
K
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 , above.
121
Clerk of the ftmanodag
or officer designated by
V
(Seal) 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 T)TTTCHESs
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.
Signature
Title
Eityzsf-141° P r 1�
Town
Date:
jAdocs2\500\wappinger\zone amendments\grading.locallaw.lkb.doc5/20/2004 11:50 AM
ral