LL #10-2004• NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 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. ---------- Ji(I-------------------- of the year 20------
A local law entitled_ "Local _Law No. _#_Uof _the Year_2004.-_Amending________________
0 'i Title)
--------------------------------------- Sectins ofand din Sections_ to. the Schedule __Contained
a -------------------------------------------------------------
g
-------------------
in_ Chapter__122_ of _the _Town_ of_ Wapping�er Code__
---------------------------------
Be
______________________________
Be It enacted by the------------own__$oa:r.d------------------------------------------------------------- of the
(News o/lgirfe6w Body)
Q* of --------- ala-ppinger-------------------------------------------------
---------------- as follows:
Town
VIRW
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Dos -239 (Rev. 11/99) (1)
. O
LOCAL LAW NO. #10 OF THE YEAR 2004
A Local Law entitled "Local Law No. it 1 o of the Year 2004, Amending Sections of,
and Adding Sections to, the Fee Schedule contained in Chapter 122 of the Town of
Wappinger Code".
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title:
This Local Law shall be known and cited as Town of Wappinger "Local Law No.
#10 of the Year 2004, Amending Sections of, and Adding Sections to, the Fee Schedule
contained in Chapter 122 of the Town of Wappinger Code", and by the adoption thereof,
shall:
1. amend section 122-16.0 (by increasing the adoption fee charged in
subsection (2) thereof, and adding a new subsection, subsection "(3)"
which will include in the fee schedule the fees for dog licenses called for
in section 68-13 of the Town Code); and
2. amend sections 68-13 and 68-14 of the Town Code to make reference to
the dog license fees set forth in section 122-16.C(3) of the Town Code;
3. amend section 122-16.N(6)a.I (by decreasing the building permit fee
charged for residential renovations); and
4. amend section 192-2.A of the Town of Wappinger Code to establish a fee
for the permits required under this section of the Town Code for installing
lateral water and sewer lines; and
5. add a new subsection, "122-1611", to establish and enumerate the fee for
the permits required under section 192-2.A of the Town Code.
Section II: Legislative Intent:
The Town Board has recognized that after reviewing the recently -adopted
Local Law No. #10 of the year 2004, which established a fee schedule
reflecting fees charged by the Town for various licenses, permits, and other
activities, some additions and modifications must be made to the fee schedule as
some fees charged by the Town were inadvertently left out of the fee schedule,
and some fees need to be modified. The two modifications to be made to the fee
schedule include reducing the cost of building permit fees for residential
renovations in order that they be more consistent with the building permit fees for
commercial renovations, and slightly increasing the fee for adopting animals from
the Town to more appropriately reflect the Town's cost of kenneling and caring
for such animals prior to their adoption. The two additions to the fee schedule
(and to other corresponding sections of the Town Code) include establishing fees
for the permits required under section 192-2.A of the Town Code to install lateral
sewer and water lines, and including the fees for obtaining dog licenses, which
fees are called for in section 68-13 of the Town Code.
Section III: Amendments to the Code
The following provisions of the Town of Wappinger Code are hereby amended:
1. Section 122-16.C, entitled "Chapter 68. Animals", is -hereby amended to read as
follows:
(1) §68-8.B. Redemption Fees' : $50.00 for ls` occasion
$100.00 for 2nd occasion
$200.00 for 3`d, and subsequent, occasion(s)
(2) §68-10. Adoption: $50.00
1 All Redemption fees in this Chapter may also include the additional costs of kenneling and medical care
provided, such as required shots.
(3) §68-13. License fees for dogs. The "town fee" indicated for each of the
following licenses is in addition to any and all other applicable statutory
fees (such as State licensing fees as set forth in New York State
Agriculture and Markets Law § 110); as such, the total fee charged by the
Town authority issuing the license will be larger than indicated in this
section of the Town Code:
a. Town fee for a license for a spayed or
neutered dog: $2.00
b. Town fee for a license for an unspayed or
unneutered dog: $2.00
C. Town fee for a purebred dog license: $10.00
2. Section 122-16.N(6)a.I, entitled "RESIDENTIAL", is hereby amended to read as
follows:
I. RESIDENTIAL:
A. New Construction and Additions:
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/Garages2:
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
heat3: $0.35 per square foot
Z Use square footage of ground floor only for 2 -Story garages
3 Porches or decks which are enclosed with heat may be considered to be living space subject to the
applicable charge for living space.
(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: $50.00
B. Renovations:
1. % of "New Construction and Additions" costs in
section "I.A", above.
3. Section 122-16 is further amended by adding a new subsection, subsection "I I",
which will read as follows:
11. Chapter 192. Service Pipes, Sewer and Water.
(1) §192-2.A. Permit for installing lateral water lines:
$50.00
(2) §-192-2.A. Permit for installing lateral sewer lines:
$50.00
4. Section 68-13, entitled "License fees for dogs", is hereby amended to read as
follows:
"Town fees for dog licenses are set forth in Chapter 122, Article IV, section 122-
16.C(3). The "town fee" indicated for each license in section 122-16.C(3) is in
addition to any and all other applicable statutory charges (such as State licensing
fees as set forth in New York State Agriculture and Markets Law § 110)."
5. Section 68-14, entitled "Exemption for senior citizens", is hereby amended to
read as follows:
"Senior citizen dog owner who are 65 years of age or older shall be exempt from
the payment of all additional Town dog licensing fees set forth in section 122-
16.C(3) of the Town Code, notwithstanding the mandatory statutory fees
enumerated in § 110 (1) and (2) of the New York State Agriculture and Markets
Law."
6. Section 192-2.A, is hereby amended to read as follows:
"The water service pipe or pipes leading from dwellings or other buildings within
the districts to the curb valve shall be installed by and at the expense of the
property owner. The water service pipe or pipes from the curb valve to the
district water main shall be installed by the water and sewer districts. Further,
the water and sewer districts shall furnish the curb valve and the flare fitting
thereof on the water main side of the curb valve. The property owner shall
furnish the flare fitting on the dwelling side of the curb valve.
Sanitary sewer service laterals leading from dwellings or other buildings within
the districts to the edge of paved portion of roadway or curb shall be installed by
and at the expense of the property owner. Sanitary sewer laterals from the paved
portion of the roadway or curb to the district sewer main shall be installed by the
water and sewer districts. The water and sewer districts shall not however, be
responsible to install water service lines or sewer service laterals on lots or from
the mains to said lots within existing or new subdivisions.
No connection to the water distribution system or the sewer main shall be made
until a permit therefor shall be issued by the Building Inspector, and the permit
fee paid by the applicant in accordance with the fees set forth in Chapter 122,
Article IV, § 122-1611 of the Town of Wappinger Code. All such connections or
service pipes and fixtures shall be constructed under and in accordance with the
Rules and Regulations, Sewer and Water Hookups, Town of Wappinger, effective
June 1, 1976 (including all addendums)."
Section IV: 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.
(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. ------- Lia ----------------------- of 200.4_-_
of the ' (Town)( of------Tappingar--------------------------------------------- was duly passed by the
_-
_ 2w -n-_- oar4----------------------- on-----jug-14-- 20 Q4, 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 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 -------------------------------------------------- and was deemed duly adopted on ------------------ 20----,
(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 20------
(County)(City)(Town)(Village) ____ __ __ ______ ____ ___ was dul assed b the
of theof-------------------------------------- - - - - - y p Y
___________________________________________________ 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 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 ------------------ 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 ofLegislative Body)
disapproval) by the -------------------------------------------------- on ------------------ 20 --- . Such local law was subject to
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 24--- , 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.
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, -lbwn Attorney, village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTYOF Dutnl e -a
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 anne ed hereto.
,gignatum
Albert P. Roberts — Attorney
Title
1W of Wappinger
Town
IMUM
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Date: & ` ?
(3)