LL #05-2005NEW 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.
of the year 20 05
A local law (Insert Title) entitled "Local Law # 5 of 2005 amending Section 217-12.H of
the Town of Wappinger Subdivision Regulations
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 # 5 OF THE YEAR 2005
A Local Law entitled "Local Law # 5 of 2005, amending Section 217-12.H of the Town of
Wappinger Subdivision Regulations."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1: Title
This Law shall be known and cited as "Local Law # 5 of 2005, amending Section
217-12.H of the Town of Wappinger Subdivision Regulations."
Section 2: Legislative Intent
The amendments permit the Planning Board to waive the public eearing betweeor suwo bdivision
applications that consist solely of the realignment of a common lot lm
jacent
lots.
Section 3: Section 217-12.11 of the Town of Wappinger Town Code, shall be
amended to read as follows:
§217-12.
H. Scheduling of public hearing.
(1) Requirements. Upon receipt and approval of the complete application and all
accompanying material, the Planning Board shall call a public hearing to be
held in accordance with Town Law § 276, Subdivision 5. [Amended 9-13-
1999 by L.L. No. 6-19991
(2) Notwithstanding § 217-12.H(1) above, the Planning Board may waive the
public hearing for an application that consists solely of the realignment of a
common lot line between two adjacent lots.
(3) Responsibilities of the Secretary. The Secretary of the Planning Board shall
ensure that the requirements for publication of public hearing notice and
notification of abutting property owners has been completed according to
adopted Town procedure and will file copies of the preliminary plat and
construction plans for public review at least five days prior to the public
hearing. The Secretary shall also mail a copy of the public notice and a copy of
the preliminary plat to the County Planning Board where notice to such Board
is required by law and to the Clerk of any abutting municipality where the land
to be subdivided is within 500 feet of such municipality, each to be received at
least 10 days prior to the date of the public hearing.
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Section 4.
ion
Except as specifically modified by the Amendments thetained herein, TownBoard onh11 2u1987 sand
Regulations of the Town of Wappinger as adoptedy
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
snstitutionallt ro1at visilon, clause, Local aw would
sent sentence,
have been adopted if such illegal, invalid or u P
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.
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.
(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.
#5of 2005 of the (Qj9) W') (Town) r)''"�f (Name of Legislative
was duly passed by the Town Board on
Body) Wappinger
June 27 2005, in accordance with the applicable provisions of law.
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
(City) (Town)
local law No.
(Village) of
of
2005 of the (County)
was duly passed by the (Name
of Legislative
on 2005, and was
(approved) (not
Body)
approved)
(repassed
Executive
after disapproval) by the (Elective Chief 2005, in
Officer*)
and was deemed duly adopted on
accordance with the applicable
provisions of law.
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3. (Final adoption by referendum).
I hereby certify that the local law annexed hereto, designated as local law No.
of 2005 of the (County) (City) (Town) (Village) of
was duly passed by the (Name of Legislative Body)
on 2005, and was (approved) (not approved)
(repassed after disapproval) by the (Elective Chief Executive
Officer*) on 2005. Such local law was
submitted to the people by reason of a (mandatory) (permissive) referendum, and received
the affirmative vote of a majority of the qualified electors voting
tthereon
a the
e (w with the
(special) (annual) election held on 2005,
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 2005 of the (County) (City) (Town) (Village) of
was duly passed by the (Name of Legislative Body)
on 2005, and was (approved) (not approved)
(repassed after disapproval) by the (Elective Chief Executive
Officer*) on 2005. Such local law was subject
to permissive referendum and no valid petition requesting such referendum was filed as of
2005, 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 2005 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 2005, 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 2005 of the County of State of New
York, having been submitted to the electors at the General Election of November
2005, 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
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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.
erk of t e unty legislative body, City, Town or Village Clerk
or officer designated by local legislative body
John C. Masterson, Town Clerk
(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 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. Af _ i9 J1 c
Title
cmylz�
IgW of Wappinger
Town
valwe
Date: l9 3 a -
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