LL #08-2005NEW 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. 48 of the year 20 05
A local law (Insert Title) entitled "Local Law # 8 of 2005 amending the Town of
Wappinger Zoning Law with Respect to Permitting in AI and PI Zones, by
Special Permit Catalog Showrooms for Retail Sales of Off-site Inventory."
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 2005
A Local Law entitled "Local Law 48 of 2005, amending the Town of Wappinger
Zoning Law with Respect to Permitting in Al and PI Zones, by Special Permit, Catalog
Showrooms for Retail Sales of Off-site Inventory."
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 #g_ of 2005, amending the
Town of Wappinger Zoning Law with Respect to Permitting in AI and PI Zones, by
Special Permit, Catalog Showrooms for Retail Sales of Off-site Inventory."
Section 2: Legislative Intent
The purpose of the proposed Local Law is to amend the Town of Wappinger Zoning Law
in order to create a new Section 240-81.1 with respect to permitting in Al and PI Zones,
by Special Permit, Catalog showrooms for retail sales of off-site inventory. The proposed
Local Law would introduce a new special permit use and amend Section 240, Schedule
of Use Regulations- Nonresidential Districts in acknowledgment of evolving retail needs
and new technologies.
The Proposed Action does not propose construction or development activities for any site
within the Town of Wappinger, and will not result in any significant adverse
environmental impacts.
Section 3: Section 240-81.1 of the Town Code shall be added to read as follows:
§ 240-81.1. Catalog showrooms for retail sales of off-site inventory.
A. There shall be no on-site inventory for retail sales.
B. Temporary warehouse storage for the delivery of ordered items may be permitted
as an accessory use.
Section 4: The Schedule of Use Regulations for Nonresidential Districts shall be
amended to read as follows:
2
Schedule of Use Regulations — Nonresidential Districts
Uses
HB
MU
HM
NB
GB
CC
SC
HO
HD
COP
AI PI
PUD
Catalog
Showrooms
for Retail
Sales of
Off-site
Inventory
§ (240-81.1)
SPU SPU
Section 8.
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 9: 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.
Section 10: 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
il8 of 2005 of the (Town) of (Name of
Legislative Body) 'Wappinger was duly passed by the
3
Town Board ons, 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 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*) and was deemed duly adopted on 2005,
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 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 thereon at the
(general) (special) (annual) election held on 2005, 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 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
Off cer*) 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.
4
5. (City local law concerning Charter revision proposed by petition).
I hereby certify that the local law annexed hereto, designatedas
local been submitted to
of 2005 of the City of
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 los ate al w New
of 2005 of the County of
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
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 indicated in paragraph 1
above.
Cle of the County 1 ' islative body, }, TownM' �'QIIflge UIerK
o officer designated by local legislative body
John C. Masterson, Towp Plerk
(Seal) Date: 7 (a 0
(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 nLt ChP -,.q
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.
5
-z'
Signature Albert P. Roberts, Attorney
Title
9D=Tx
eW of Wappinger
Town
Date: 7
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