LL #05-2006Local 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.
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entitled- "Local Law_��5_o.£__20Ilfi,_-Amen.din&--the--Amend-_.Wapp3-nge�r---
A local law ------------------------------- -
(Insert Tit],)
Zoning Law Re ardin Fences_t------------------------------------------------------------
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TOWN BOARD ----------------------------- of the
Be it enacted by the----------------------------------------------------------- -
(Name aflegislativc Bad,)
MUIM
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TEXT COMMENCES ON THE NEXT PAGE
------------------------------ as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
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DOS -239 (Rev. 11/99)
LOCAL LAW # 5 OF THE YEAR 2006
A Local Law entitled "Local Law of 2006, Amending the Town of Wappinger
Zoning Law Regarding Fences."
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 #__5_ of 2006, Amending the
Town of Wappinger Zoning Law Regarding Fences."
Section 2. Legislative Intent
The intent of the proposed Local Law is to amend the Town of Wappinger Zoning Law
so as to allow more discretion by the Planning Board in approving fences.
Section 3. Amendment to the Zoning Law
Section 240-21.B(4) of the Zoning Law shall be amended to read as follows:
(4) The yard requirements of this chapter shall not be deemed to prohibit any
accessory retaining wall, nor to prohibit any fence or wall, provided that walls or
fences in required yard areas shall not exceed six feet in height above adjoining
grade, unless that part above such height is not less than 3/4 open construction.
Notwithstanding the sentence above, the Planning Board may allow a fence of any
kind to a height not exceeding 12 feet above adjoining grade, where the Board
deems such fence necessary and appropriate for safety and/or security purposes,
where the fence has been designed by a licensed professional engineer, and where
a building permit will be issued therefor.
Section 4.
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.
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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 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 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.
JADOCS2\500\Wappinger\Zone Amendments\fences clean.euk.doc
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(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. --------------- 5
------------------ of 20_+=16--
of the A ))( (Town)(VR ) of ----- MAP.)WAFTIRGER -------------------------------------------- was duly passed by the
-------- —N OW - DAR --------------------- on---J-ul.y_-5xh- 20 -9b, in accordance with the applicable provisions of law.
(Name ofLegidamiveBody)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
__ of 20------
I hereby certify that the local law annexed hereto, designated as local law No. ------------- -was duly passed by the
( Y)( Y)( )( g) --------------------------
of the Count Cit Town Villa e 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---- e
- _ _ _ of 20------
I hereby certify that the local law annexed hereto, designated as local law No. -------------------"was duly passed by the
( Y)( Y)( )( g) - - -
of the Count Crt Town (Village) of -------------------------------'---"--"-"-- -- -- --- --
----------------------
_________ on ------------------ 20----, and was (approved)(not approved)(repassed after.
(Name OIL egislaliveBody)
on------------------- 20---- • Such local law was submitted
disapproval) by the -----------------------------------------
________
(Elective Chief Executive Officer*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a0
of
the qualified electors voting thereon at the (general)(special)(annual) election held on -----------------
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
---- of 20------
I hereby certify that the local law annexed hereto, designated as local law No. ----=_==_=__ -was duly passed by the
( Y)( Y)( )( g) - - -
of the Count Cit Town (Village) 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 .
(ElectiveChiefExecutiveOfficer*)
- - -- — -------- 20 --- , in
permissive referendum and no valid petition requesting such referendum was filed as of -----------
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 certif} that the local law annexed hereto, ha inng been submitteded as local law 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 maj Zoy of the
qualified electors of such city voting thereon at the (special)(general) election held on----------------
became operative.
6. (County local law concerning adoption of Charter.)
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of 20------
as local law No -
I hereby certify that the local law annexed hereto, designated State of Now York, having been submitted to the electors
of the County of ------------------------------- ------ 0 pursuant to subdivisions 5 and 7 of section 33 of the
- 20---- � P
at the General Election of November ------------------- --
Municipal Home Rule Law, and having received the lectors oative v f the towns of said corny considered arity of the qualified electorss a unit f the cit
-
Municipal
of said county as a unit and a majority of thequalified
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 ted the manner ir-
d that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally p
dicated in paragraph -----I------, above. - -
r
Cler` f the County legis jive body, City, Town or Village Clerk
Oro cer 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 DUTCHES S
COUNTY OF
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 l
Albert P. Roberts, Attorne
Title
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