LL #15-2004Local 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.
WAPPINGER--------------------------------------------------------- ----
Town
Local Law No. -----#-1-5---------------------- of the year 2004.--
Alocal law
AMENDING 122-16.L(2)__of__TOWN_ OF_ WAR$ZNG�__C.OI2E._TO._IN_CREAS&-TII£----
--------------------------- -
p„rent ride)
SUBDIVISION RECREATION FEE _ C0WTA11JED _TILEREINL_________________________________
Be it enacted by the ---TOWN BOARD--------------------------------------------------------------------- of the
(Name a/L egislatrve9ody)
of-------WAPPTN.GER------------------------------------------------------------------- as follows:
Town
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
DOS -239 (Rev. 11/99)
LOCAL LAW NO.#15 OF THE YEAR 2004
A Local Law entitled "Local Law No. # 15 of the Year 2004, Amending § 122-16.L(2) of
the Town of Wappinger Code to Increase the Subdivision Recreation Fee Contained Therein".
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.q]_ of
the Year 2004, Amending §122-16.L(2) of the Town of Wappinger Code to Increase the
Subdivision Recreation Fee Contained Therein", and by the adoption thereof shall increase the
subdivision recreation fee from Two Thousand Dollars ($2,000.00) per lot to Five Thousand
Dollars ($5,000.00) per lot.
Section II: Legislative Intent:
The Town Board has determined that it is in the best interests of the current and
future residents of the Town of Wappinger to increase the subdivision recreation fee from
Two Thousand Dollars ($2,000.00) per lot to Five Thousand Dollars ($5,000.00) per lot.
This determination was made after the Town Board determined that property values,
population and residential development have been consistently increasing over the last
several years, and that it was necessary to undertake a study of the subdivision recreation fee
currently charged by the Town to determine whether the current subdivision recreation fee is
adequate to enable the Town to purchase and improve lands suitable for meeting the Town's
current and future residents' recreational needs. To accomplish that goal, the Town Board
requested the firm of Frederick P. Clark & Associates to undertake a such a study.
Frederick P. Clark & Associates performed such study and provided a report to the
Town Board dated May 20, 2004 with its results and recommendations. After due
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Final
consideration of that report, the Town Board determined that an increase of the subdivision
recreation fee from Two Thousand Dollars ($2,000.00) per lot to Five Thousand Dollars
($5,000.00) per lot was warranted and in the best interests of the Town's current and future
residents.
Section III:
The Town of Wappinger Code §122-16.L(2) is hereby amended to read as follows:
"Chapter 217
Subdivision of Land
(2) Recreation Fee:
For 1-9 lots, $5,000 per lot;
For 10 or more lots, the Planning Board shall determine whether to require
the reservation of land or payment of $5,000 per lot."
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 V: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law.
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Final
(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.------- jt15----------------------- of 20 -OA --
of the ( (Town) of ----LIAR INIGE&--------------------------------------------- was duly passed by the
B ____________________ on -0 -C-10 2004_, 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------
( y)( y)( )( g) _ was duly passed by the
of the Count Cit Town Villa e of-------------------------------------------------------------- -
-------------------------
______________________ on ------------------ 20 --- , and was (approved)(not approved)(repassed after
(Name ofLegislalive 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 ------
of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the
__________________________ on ------------------ 20----, and was (approved)(not approved)(repassed after
(Name ofLegislalive 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 ------------------ 20L--- , 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 subject to
(Elective Chief Executive Officer*)
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.)
._ of 20------
I hereby certify that the local law annexed hereto, designated
having been submitted lto referendum pursuant to the provisions of
of the City of --------------------------------------------
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a major ty oft e
qualified electors of such city voting thereon at the (special)(general) election held on---------------- --
became operative.
6. (County local law concerning adoption of Charter.)
------------------ of 20------
I hereby certify that the local law annexed hereto, designated as local New York, having been submitted to the electors
of the County of -------------------------------"'----"-"-"_-- - ursuant to subdivisions 5 and 7 of section 33 o the
at the General Election of November ------------------- --
20----, P
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.)
is office
d that the
I further certify that I have compared the preceding local law with
cal law, and was al on efinain ly doptednn the manner is a correct transcript therefrom and of the whole of such original
in-
dicated in paragraph ----L------, above.
(Seal)
Clerk of the County legislative 4dlY, 9ty TOW Village Clerk
or officer designated by local gisl a body
GLORIA MMRSY Clerk
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 OFDutc as -
digned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
I, the uners
have been had or taken for the enactment of tl
Attorney to the Town Albert P Roberts
Title
Ma W)X
0* of Wa in er
Town
Date:
(3)
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
NOTICE OF PUBLIC HEARING ON A
PROPOSED LOCAL LAW AMENDING
122-16.1, of TOWN OF WAPPINGER CODE
TO INCREASE THE SUBDIVISION FEE
CONTAINED THEREIN
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
GLORIA J. MORSE, being duly sworn deposed and says:
AFFIDAVIT OF
POSTING
That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger,
County of Dutchess and State of New York.
That on September 29, 2004, your deponent posted a copy of the attached notice of Public
Hearing on a proposed Local Law Amending 122.16L of Town of Wappinger Code to
Increase the Subdivision Fee contained therein, on the signboard maintained by your
deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road,
Wappingers Falls, Dutchess County, New York.
Sworn to before me thec;;24
ikay of 2004
NOTARY PWLIC
V
GLORIA J. SE
Town Cle
Town of Wappinger
MARIA GIIBRIDE
Notary P,-blic, State 01 New Yotk �a
Reg, No. OIGI5087374
Quallljed ini� stNov 3Counjty
„' F
Comm+ssion Exp
SOUTHERN DUTCHESS NEWS
BEACON FREE PRESS
84 EAST MAIN STREET
WAPPINGERS FALLS, NY 12590
A-F-Fzcla%.0it C> -F Pui:>1 icalLtzon
To: WAPPINGERS FALLS, TOWN
P.O. BOX 324
WAPPINGERS FALLS, NY 12590
Re: Legal notice #65030
State of NEW YORK )
) SS:
County of DUTCHESS )
I, TINA HEATH, being duly sworn, depose and
NOTICEOFPUBLIC HEARING
say: that I am the BOOKKEEPER of Southern
TOWN OF WAPPINGER
Dutchess News, a weekly newspaper of general
NOTICE IS HEREBY GIVEN that
the Town Board of the Town of
circulation published in WAPPINGERS FALLS,
Wappinger will conduct a PUBLIC
HEARING on the 12th day of Octo-
County of DUTCHESS, State of NEW YORK; and
ber, 2004, at 7:30 p.m. at the Town
Hall, Town of Wappinger, 20
that a notice, of which the annexed is a
Middlebush Road, Wappingers
Falls, New York, at which time all
printed copy, was duly published in Southern
parties in interest and citizens &hall
Dutchess News once on 09/29/04.
have an opportunity to be heard as
to whether the Town Board of the
Town of Wappinger shall adopt a
proposed Local Law entitled "Local
Law No. —_of the Year 2004,
Amending §122-161(2) of the Town
Of Wappinger Code to Increase the
Subdivision Recreation Fee Con-
tained Thereln" and by the adoption
thereof shall increase the subdivi-
Sworn to before me this 5th day of October, 2004
Sion, fecreafierrfeefrom Two Thou-
sand Dollars ($2,000.00) to Five
Thousand Dollars ($5,000.00).
PLEASE TAKE FURTHER NO-
TICE that the Town Board has de-
tpto edadop
ter T5(c)(20)theed that proposed
817.5(c)(20)the ro osed ado
Notary Public State of NEW YORK
,
tion is the aTypforementlonedLocai
Law is a Type II action not requiring
_ p { /{ L I�
14-8240760
No.�i O H V O0
environmental review pursuant to
the State Environmental Quality
Qualified in DUTCHESS County
Review Act (SEQRA) or pursuant
to Local Law No. 6 of 1992 and, ac-
hy commission expires on .lune 15, 2007
cordingty, no environmental review
ha"eanun riaken.
PLEASE TAKE FURTHER NO-
TICE that copies of the proposed
Local Law No. — of the Year 2004
are available for review and in-
spection at the Office of the Town
Clerk on weekdays from 8:30 a.m.
to 4:00 p.m., at the Town Hall, 20
Middlebush Road, Wappingers
Falls, New York.
Dated: September 13, 2004
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
WAPPINGER
GLORIA J. MORSE, Town Clerk
Poughkeepsie Journal
Poughkeepsie, N.Y.
AFFIDAVIT OF PUBLICATION
NOTICE OF
PUBLIC HEARtW
TOWN OF WAPPMJQR
NOTICE IS HEREBY GIVEN
that the Town Board of
the Town of Wappinger
will conduct a PUBLIC
HEARING on the 12th day
of October, 2004 at 7:30
p.m. at the Town Hall,
Town of We ger, 20
Middlebush Road, Wap-
pingers Falls, New York, at
which time all parties in
interest and citizens shall
have the opportunity to be
heard whether the Town
Board of the Town of
Wappinger shall adopt a
proposed total Law enti-
tled "Local Law No, _ of
the Year 2004, Amending
subsection, 122-16.L(2) of
the Town of Wappinger
Code to Increase the Sub-
division Recreation - Fee
Contained Therein" and
by adoption thereof shall
increase the subdivision
recreation fee from ' Two
Thousand Dollars
($2,00(100) to Five Thou-
as
{SEA00.00)•
PLEASE TAKE FURTHER
NOTICE Ow to Town
Board her drlormined
that purwent b 6 NMR
617.5 (c) f20fIh pfd
adoption of tete ellosam.
tioned Local Law is a Tigre
II action not requl" W
vironmental review ptaiu
ant to the State Environ-
mental Quality Review
(SEQRA) or pursuant to
Local Law No. 6 of 1992
and, accordingly, no envi-
ronmental review has
been undertaken.
PLEASE TAKE FURTHER
NOTICE that copies of the
proposed. Local Law No. ,-
of the Year 2004 are avail-
able
vailable for review and intpec-
tion at the Office of the
Town Clerk on weekdays
from 8:30 a.m. to 4:00 p.m.,
Qll, 20 Middle -Wappingers
r13, 2004
BY ORDER Of THE TOWN
BOARD OF THE TOWN OF
WAPPINGER
GLORIA J. MORSE, TOWN
CLERK
7935
0290
State of New York
County of Dutchess
City of Poughkeepsie
Rita Lombardi , of the City of Poughkeepsie,
Dutchess County, New York, being duly sworn, says that at
the several times hereinafter mentioned she was and still is
the Principal Clerk of the Poughkeepsie Newspapers Division
of Gannett Satellite Information Network, Inc., publisher of
the POUGHKEEPSIE JOURNAL, a newspaper printed and
published every day in the year in the city of
Poughkeepsie, Dutchess County, New York, and that the
annexed NOTICF, was duly published in the said newspaper
one insertion
for weeks successively, in each week, commencing
on the 29th• day of
2004 and on the following dates
thereafter, namely on:
And ending on the day of
200 , both days inclusive.
Subscrid and orn to before me thistDv —.
day of j , 2004
1
UN to y Public
My commission expires
J
LESLIE SHERADEN
Notary Public State of New York
No 01SH5018755
Qualified in Dutc D
Coalmiss on Expires
NOTICE OF PUBLIC HEARING
TOWN OF WAPPINGER
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will
conduct a PUBLIC HEARING on the 12th day of October , 2004, at 7:30 p.m. at the Town
Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all
parties in interest and citizens shall have an opportunity to be heard as to whether the Town
Board of the Town of Wappinger shall adopt a proposed Local Law entitled "Local Law No.
of the Year 2004, Amending § 122-16.L(2) of the Town of Wappinger Code to Increase the
Subdivision Recreation Fee Contained Therein" and by the adoption thereof shall increase the
subdivision recreation fee from Two Thousand Dollars ($2,000.00) to Five Thousand Dollars
($5,000.00).
PLEASE TAKE FURTHER NOTICE that the Town Board has determined that pursuant
to 6 NYCRR 617.5 (c) (20) the proposed adoption of the aforementioned Local Law is a Type II
action not requiring environmental review pursuant to the State Environmental Quality Review
Act (SEQRA) or pursuant to Local Law No. 6 of 1992 and, accordingly, no environmental
review has been undertaken.
PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law No.
of the Year 2004 are available for review and inspection at the Office of the Town Clerk on
weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers
Falls, New York.
Dated: i' 7, 2004
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF WAPPING R
J.
CLERK
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Final