LL #03-2006NEW 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.
WVRPI!QV4 --------------------------------------------------------------------
Town
Local Law No- --------------- -- -
�t3 ----------------- of the year 20- 06_
A local law __ A1TDING_ TOWN _CODE _ 3122-16_ INCREASING CERTAIN_ INSPECTION______________
(Insert Tide)
__ AND _PERMIT _FEES _AND ADDING_ ADDITIONAL _ INSPECTION_ AND _PERMIT_ FEES_
----------------------------------------------------------------------------------
Be it enacted by the --------- TOWN_ BOARD--------------------------------------------------------------- of the
(Name ofLegislative Body)
Of -------WAPPINGER-------------------------------------------------------------------- as follows:
Town
111 ap
TEXT COMMENCES ON THE 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. #3 OF THE YEAR 2006
A Local Law entitled "Local Law No. #3 of the Year 2006, Amending Town Code §1-22-
16 Increasing Certain Inspection and Permit Fees and Adding Additional Inspection and Permit
Fees."
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.
of the Year 2006, Amending Town Code §122-16 Increasing Certain Inspection and Permit Fees
and Adding Additional Inspection and Permit Fees", which shall amend the various fees section of
the Town Code as set forth in § 122-16 and as set forth below.
Section U: Legislative Intent:
George Kolb, Jr., the Code Enforcement Officer, has recommended that the Town of
Wappinger amend certain portions of the code by increasing various inspection and permit
fees and by adding additional inspection fees and permit fees that relate to various
provisions of the Building and Zoning Code. Based upon the recommendation of George
Kolb, Jr., the Code Enforcement Officer, the Town Board has determined that it is in the
best interest of the citizens of the Town of Wappinger to amend the Town's Fees and Permit
Section § 122-16 of the Town Code, to increase certain permit fees and inspection fees and
to add certain other inspection fees and permit fees.
O:\Wappinger\Town Board\LOCAL LAW\Inspection and Permit Fees\Local Law.doc
Section III: Amendments:
The following sub -sections of §122-16 are amended to read as follows:
§122-161.1(1) — "§192-2A, permit for installing lateral water lines: $100.00;"
§ 122-16I.1 (2) — "§ 192-2A, permit for installing lateral sewer lines:
$100.00;"
§122-16N(1)(a) —"Special permit (accessory apartment): $500.00 per
application;"
§ 122-16N(1)(b) — "Special permit: $500.00 per application;"
§ 122-16N(5)(a) — "(Resident) Area/Use variance fee: $175.00 per
application;"
§ 122-16N(5)(b) — "(Commercial) Area/Use variance fee: $375.00 per
application;"
§ 122-16N(5)(c) — "Interpretation fee: $150.00 per application;"
§122-16N(6)(a)[1][a][i] — "One and Two Family Homes and Modular
Dwellings: $.55 per sq. ft. of living space;"
§122-16N(6)(a)[1][a][iii][A] —"Garage/Carports: $.50 per sq. ft. or a
minimum fee of $100.00, whichever is greater;"
§ 122-16N(6)(a) [ 1 ] [a] [iii] [B] —"Deleted;"
§122-16N(6)(a)[l][a][iv][B] — "Open Deck: $.25 per sq. ft. or the minimum
fee of $100.00, whichever is greater;"
§122-16N(6)(a)[1][a][vi][A] —"Pool: $100.00;"
§122-16N(6)(a)[1][a][vi][B] —"Hot Tub: $100.00;"
§ 122-16N(6)(b) — "Demolition: $100.00 minimum fee up to 2,000 sq. ft.
plus $.10 sq. ft. over 2,000 sq.ft.; '
§ 122-16N(6)(e)[1 ] — "Fireplace/Stove/Chimney: $100.00;"
§ 122-16N(6)(e)[2] — "Replacement of Furnace/Boiler
(includes hot water heater/plumbing alterations and central air conditioning
systems): $100.00;".
0AWappinger\Town BoardULOCAL LAW Inspection and Permit Fees\Local Law.doc
Section IV: New Fees:
The following new fees are hereby established by the creation of the following new
sub -sections to Town Code § 122-16:
"§ 122-16P — Fire Prevention Bureau Fees:
§ 122-16P(1) —Agricultural Burning Permits: $150.00;
§ 122-16P (2) — Commercial Roof Truss Assembly Inspection pursuant to
Title 19 of the Uniform Code Part 1264: $50.00."
"§ 122-16Q — Fire Prevention Permits pursuant to Title 19 of the Uniform Code:
§ 122-16Q(1) — Areas of Public Assembly: $150.00 per year;
§ 122-16Q(2) — Non-residential uses and occupancies including, but not
limited to, hazardous materials, combustible liquids, and
gases, compressed gases, cryogens, junkyards, lumberyards,
commercial/industrial ovens and cooking equipment, service
stations and repair garages, welding and cutting, fire
protection equipment: $150.00 per year;
§ 122-16Q(3)(a) — Multiple Dwellings (3 —10 units): $150.00 per year;
§ 122-16Q(3)(b) — Multiple Dwellings (11— 50 units): $225.00 per year;
§ 122-16Q(3)(c) — Multiple Dwellings (over 50 units): $300.00 per year;
§ 122-16Q(4) — Alarm for Non-residential Occupancies: $150.00 per year;
§ 122-16Q(5) — Hospitals, Nursing Homes, Healthcare Facilities: $150.00 per
year;
§ 122-16Q(6) — Special Events (per occurrence), Outdoor Assemblies,
Outdoor Sales, Commercial Tents and Membrane Structures,
Carnivals and Fairs, Concerts, Fireworks, etc.: $150.00 each;
§ 122-16Q(7) — Fire Protection Equipment — Sprinklers and Fire Suppression
Systems: $200.00 each for New Installations (building permit
required) or $100.00 each for Renovations or Modifications
to Existing Systems (building permit required)."
o:\Wappinger\Town Board\LOCAL LAW\Inspection and Permit Fees\Local Law.doc
"122-16R — Explosives and Combustibles:
§122-16R(1) — Minor Blasting for Earthmoving/Demolition (up to 5 blasts
or 5 days, whichever occurs first): $150.00;
§ 122-16R(2) — Minor Blasting for Earthmoving/Demolition (over 5 blasts or
5 days and no greater than 6 months): $500.00;
§122-16R(3) — Blasting Permits for Quarry Operations: $1,000.00/year."
Section V: 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 Municipal Home Rule Law.
O:\Wappinger\Town Board\LOCAL LAW\Inspection and Permit Fees\Local Law.doc
(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. --------- f� -- - - - ---- ---
____ of 20 U6
of the Town
WApPINGER was duly passed by the
----- )JyjBWft� ------------------- --
______________ on Marr-- 20 --- -, 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 a of ------------ -------------------- -
_____________________________________________ on ------------------ 20 ---, and was (approved)(not approved)(repassed after.
(Name of Legislative Body)
disapproval) by the --------------------------------------------------
(Elective Chief Executive Officer*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
and was deemed duly adopted on ------------------ 20----,
• - of 20------
I hereby certify that the local law annexed hereto, designated as,local law No. ------------------------------- --'
( y)( y)( )( g) _ _ was duly passed by the
of the Count Cit Town Villa a of------------------------------------------'-'-----'"--""-""- --
__ 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------
( y)( y)( )( g) _ _ was duly passed by the
of the Count Cit Town Villa a of------------------------------------------'-'--"--'"""'"""" �-
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 ------------------ 20L--- , 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 taw 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 fi adopted in the manner in-
dicated in paragraph ---1 -------- above. '
Hon. John C. Masterson r�
(Seal)
Clerk of the County legislative body, City, To,
or officer designated by local legislative body
Date:
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW fflt r:ss
COUNTY OF 1��
Ithe undersignedhereby 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 1
Albert P. Roberts, Attorney to the Town
tkism of
Town
WAPPINGER
if"&
Date:i
(3)