LL# 07-2008Local 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.
❑ County
❑ City of WAPPINGER
0 Town
❑ Village
Local Law No. 7
of the year 20 08
A local law entitled "Local Law #7 of 2008, Amending the Zoning Law so as to Include Pet
(Insert nae)
Crematoriums as a Special Permit Use in the Airport Industry (Al) and Planned Industry
(PI) Zoning Districts
Be it enacted by the Town Board of the
Name o Legislative Body —
❑ County
❑ City of Wappinger
0 Town
❑ Village
(TEXT COMMENCES ON THE NEXT PAGE)
as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 05/05) Page 1 of 3
LOCAL LAW # 7 OF THE YEAR 2008
A Local Law entitled "Local Law # 7 of 2008, for the purpose of adding the new use —
Pet Crematoriums — to the Zoning Law."
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 # 7 of 2008, for the purpose of
adding the new use — Pet Crematoriums — to the Zoning Law."
Section 2: Legislative Intent
The Town Board hereby finds and declares that the relationships that humans develop
with pets are unique and special. Even after the death of a pet, human attachment to the
memory of the pet often remains very strong and many people feel the need to
memorialize their love for their animal by cremating their pet. Pet crematoriums, their
managers and owners have a special responsibility to their customers who have entrusted
their pets' remains with them. These pet crematoriums have a duty to act in an ethical
and lawful manner to prevent grieving pet owners from experiencing further emotional
pain or financial manipulation. This local law is determined to be an exercise of the
police powers of the Town to protect the public health, safety and welfare of its residents.
Section 3: Zoning Amendments
1. Section 240-5, Definitions, of the Zoning Law shall be revised to include the
following definitions in their proper alphabetical order:
CREMAINS — The pet remains after cremation.
INTERMENT — The placement of pet remains in the earth or in a tomb.
INURNMENT — The placement of pet remains in an urn or in a tomb.
PET — Any domestic animal that has been adapted or tamed to live in intimate
association with people but is not limited to, dogs, cats, rodents, fish, birds,
snakes, turtles, lizards, frogs and rabbits.
PET CREMATORIUM — Any facility providing the cremation of pets to
veterinarians or members of the general public, by any person for a fee, whether or
not not-for-profit, and which is licensed under Section 750 of Article 35-C of the
General Business Law of New York State.
VETERINARIAN — A person licensed to practice the profession of veterinary
medicine as defined by Section 6701 of the New York State Education Law.
2. The Schedule of Use Regulations — Nonresidential Districts of the Zoning Law
in 240 Attachment 2 of the Town Code is hereby amended so as to list "Pet
crematoriums (§ 240-81.2)" in the category of "Farm- and Animal -Related"
uses, as a Special Permit Use in the Airport Industry (AI) and Planned
Industry (PI) zoning districts.
3. A new Section 240-81.2 shall be added to the Zoning Law and shall read as
follows:
§ 240-81.2 Pet crematoriums.
A. The pet crematorium shall possess a current and valid license issued in
accordance with Section 750 of Article 35-C of the General Business Law
of New York State.
B. The pet crematorium shall not provide for permanent interment or
permanent inurnment of pet remains.
C. The pet crematorium shall not include any facilities for resource recovery
as defined in Section 27-0701 of the New York State Environmental
Conservation Law.
D. The pet crematorium shall not in include any disposal facility regulated
under Title 15 of Article 27 of the New York State Environmental
Conservation Law that is engaged in the incineration of medical waste.
E. A pet crematorium shall not include any facilities which constitute
rendering plants licensed pursuant to Article 5-C of the New York State
Agriculture and Markets Law.
F. The pet crematorium shall only cremate pets and shall not cremate pets
which exceed 150 pounds in weight. Notwithstanding the above, the
crematorium may cremate animals which have been struck and killed on
roadways ("road kill").
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G. All on-site operations, including but not limited to unloading and loading,
as well as all facilities and storage, including but not limited to the storage
of dead animals, shall be located indoors.
H. The pet crematorium shall comply with the provisions of Article XI,
Performance Standards, of this chapter.
I. The Planning Board may impose such conditions as it deems necessary to
avoid or minimize odor, noise and other impacts, and impairment of the
use, enjoyment and value of property in the area.
J. Parking for the pet crematorium shall be provided as set forth in Article X
of this chapter and as required by the Planning Board.
K. Upon certification by the Zoning Administrator that the applicant has
complied with all conditions of this chapter, the Building Inspector shall be
authorized to issue a certificate of occupancy for the pet crematorium.
L. Each pet crematorium shall be reviewed and/or inspected by the Zoning
Administrator every year in order to determine whether the use possesses a
current and valid license in accordance with Section 750 of Article 35-C of
the General Business Law of New York State, and is otherwise in
compliance with this chapter. Upon the determination of such compliance,
the Zoning Administrator shall issue a certificate of compliance. The
certificate of compliance, once issued, shall be valid for a period of one
year, provided that the use complies with the terms of this chapter. In the
event that the review and/or inspection determines that the pet crematorium
is no longer in compliance with this chapter, the certificate of compliance
shall be revoked and the Planning Board shall then undertake a review to
determine whether the Special Use Permit shall be revoked.
M. The pet cremains shall be removed from the site on a weekly basis.
4. Section 240-97, Schedule of Off -Street Parking Requirements, of the Zoning
Law shall be amended by adding the following use and parking requirement
so as to be located below the "Kennel or animal hospital" use:
Use Minimum Number of Off -Street Parking Spaces
Pet crematorium I space per employee, plus 3 visitor parking spaces
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Section 4. Ratification, Readoption and Confirmation
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 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.
M
(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
the (% )( (Town)() of Wappinger
Town Board on October 27th
(Name of Legislative Body)
provisions of law.
of 20 08 _ of
was duly passed by the
20 08 in accordance with the applicable
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 of
the (County)(City)(Town)(ViIIage) of was duly passed by the
_ on 20 and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20 in accordance w ith 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)
(Name of Legislative Body)
(repassed after disapproval) by the on 20
(Elective Chief Executive Officer*)
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 _
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 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 -and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to 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.
DOS -239 (Rev. 05/05) Page 2 of 3
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 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 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.
GLr-
Clerk o e county legislative body, City, Town or Village Clerk or
officer signated by local legislative body
(Seal) Date: (ot z 4( 0 s
(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.
Signature
Albert P. Roberts - Town Attorney
Title
Ri M
f Wappinger
Town
XXDW
Date:
DOS -239 (Rev. 05/05) Page 3 of 3