LL #01-2009Local 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.
G
r
County
City of WAPPINGER
Town
Village
Local Law No. 1
of the year 20 09
A local law entitled "Local Law #1 of 2009, Containing Proposed Zoning Text Amendments Regarding
(Insert Title)
Post -Approval Escrow Accounts"
Be it enacted by the Town Board of the
(Name of Leg-islative o y
❑ County
❑ City of WAPPINGER
0 Town
❑ Village
(TEXT COMMENCES ON 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 # 1 OF THE YEAR 2009
A Local Law entitled "Local Law #1 of 2009, Containing Proposed Zoning Text
Amendments Regarding Post -Approval Escrow Accounts."
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 #1 of 2009, Containing
Proposed Zoning Text Amendments Regarding Post -Approval Escrow Accounts."
Section 2: Legislative Intent
The Town Board hereby finds and declares that the post -approval escrow procedures in
the Zoning Law are in need of amendment in order to provide the Town with sufficient
flexibility to implement said procedures properly.
Section 3: Zoning Text Amendments
1. Sections 122-16.N(7)(e) and (f) of Chapter 122, Fees and Fines, shall be
revised to read as follows.
(e) For construction inspection for a subdivision or site development plan
involving a performance bond, the applicant shall deposit and maintain a sum
equal to 3% of the construction costs as estimated by the Town Engineer.
In addition, for post -approval review for a subdivision or site development
plan involving a performance bond, the applicant shall deposit and maintain a
separate sum calculated as follows:
For Subdivisions: For Site Plans:
Number of Lots Square Footage Amount
0 to 2 0 to 3,000 $3,750.00
3 to 10 3,001 to 20,000 $7,500.00
11 to 35 20,001 to 50,000 $16,875.00
More than 35 Greater than 50,000 $26,250.00
Notwithstanding the above, the Building Inspector, in consultation with the
Town Engineer, Town Attorney and/or Town Planner, may modify or waive
the post -approval review escrow deposit above, based upon the amount of
2.
post -approval review costs, if any, the Town is expected to incur in
connection with a specific project. However, a _full or partial escrow deposit
may be required at any time by the Building Inspector depending upon the
actual need for professional post -approval review services.
(f) For post -approval review and construction inspection for a subdivision or site
development plan not involving a performance bond, the applicant shall
deposit and maintain a sum calculated as follows:
For Subdivisions: For Site Plans:
Number of Lots
Square Footage
Amount
0 to 2
0 to 3,000
$3,750.00
3 to 10
3,001 to 20,000
$7,500.00
11 to 35
20,001 to 50,000
$16,875.00
More than 35
Greater than 50,000
$26,250.00
Notwithstanding the above, the Building Inspector, in consultation with the
Town Engineer, Town Attorney and/or Town Planner, may modify or waive
the post -approval review and construction inspection escrow deposit above,
based upon the amount of post -approval review and construction inspection
costs, if any, the Town is expected to incur in connection with a specific
project. However, a full or partial escrow deposit may be required at any
time by the Building Inspector depending upon the actual need for
professional post -approval review or construction inspection services.
Section B of Chapter 240 Attachment 6:1, Planning and Zoning Departments
Fees and Escrow Funds, shall be amended to read as follows.
B. Requirements for escrow funds.
(1) Escrow funds established. By the authority granted by § 240-110 of
the Town of Wappinger Zoning Law and in order to ensure that the
cost of any engineering, SEQR experts, planning, legal or other
consultation fees incurred by the Town of Wappinger with respect to
matters before the Town Board/Planning Board/Zoning Board are
borne by the applicants, there shall hereby be established escrow
funds.
(2) Application review. Upon filing an application for subdivision, site
plan or special permit approval, the applicant shall deposit with the
Town Controller, via certified check, a sum of money in accordance
P
with Chapter 122, Article IV, § 122-16N(7). The Controller shall
pay from these funds the fees charged by any professionals
employed by the Town with respect to the review of the applicant's
project. Said fees shall be submitted by voucher and paid as
approved by the Supervisor and Comptroller. The applicant shall
deposit additional funds into such account to bring its balance up to
100% of the amount of the full escrow deposit by the last day of
each month. If such account is not fully replenished by the last day
of the month, the approving agency shall suspend its review of the
application. No resolution of subdivision plat or site development
plan approval shall be endorsed until all professional review fees
charged in connection with the review of the project have been
reimbursed to the Town.
(3) Refunds from application review escrow accounts. No refunds of
any funds remaining on deposit in application review escrow
accounts shall be issued until after all pertinent professional review
charges have been paid and until 60 days after the final closing
meeting is held to review final bills and payments.
(4) Post -approval reviews and construction inspections. Subject to the
terms, modification and waiver provisions of §§ 122-16.N(7)(e) or
(f), as applicable, no building permit shall be issued unless all
professional review fees charged in connection with the review of
the applicant's project have been reimbursed to the Town and a new
escrow account has been established to cover all post -approval
review and construction inspection costs. Prior to the Planning
Board Chairman signing the site development plan maps or
subdivision plat, the applicant shall deposit with the Town
Controller, via certified check, a sum of money in accordance with
Chapter 122, Article IV, § 122-16N. The Controller shall pay from
these funds the fees charged by any professionals employed by the
Town with respect to the post -approval review and/or inspection of
the applicant's project. Said fees shall be submitted by voucher and
paid as approved by the Supervisor and Comptroller. The applicant
shall deposit additional funds into such account to bring its balance
up to 100% of the amount of the full escrow deposit by the last day
of each month. If such account is not fully replenished by the last
day of the month, the Town may issue a stop -work order. No
certificate of occupancy shall be issued unless the post -approval
review and construction inspection escrow account is current with
the fees listed in §§ 122-16.N(7)(e) or (f), as applicable, of this code.
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(5) Refunds from post -approval review and construction inspection escrow
accounts. No refunds of any funds remaining on deposit in escrow
shall be issued until after all pertinent professional review and
construction inspection charges have been paid and until (as
applicable):
(a) sixty days after the expiration of the maintenance bond in the
case of a subdivision or site development plan involving a
maintenance bond; or
(b) six months after the issuance of the final certificate of
occupancy in the case of a subdivision or site plan not involving
a maintenance bond.
A closing meeting(s) shall be held to review final bills and payments
prior to any refund. Notwithstanding the above, refunds of any
funds remaining on deposit in escrow may be issued for an entire
project or a portion(s) of a project which will remain dormant for an
extended period of time. Further, a full or partial escrow deposit
may be required at any time by the Building Inspector for an entire
project or a portion(s) of a project which becomes reactivated.
(6) Change in ownership. Escrow accounts shall be non -transferable.
The Town shall be notified of any change in ownership of a project
and any such change shall require the establishment of a new escrow
account by the new owner.
(7) Calculation of escrow fund. See Chapter 122, Article IV, § 122-16N.
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
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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.
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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.)
1 hereby certify that the local law annexed hereto, designated as local law No. 1 of 20 09 of
the ff qRV (Town)(X ) of Wappinger was duly passed by the
Town Board on January 12th, 20 09 in accordance with the applicable
(Name of Legislative Body)
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 20 of
the (County)(City)(Town)(Village) of was duly passed by the
(Name of Legislative Body)
(repassed after disapproval) by the
on 20 and was (approved)(not approved)
(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.
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
and was deemed duly adopted
of 20 of
was duly passed by the
on 20 and was (approved)( not approved)
(Elective Chief Executive Officer*)
on 20
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
(Name of Legislative Body)
on 20 and was (approved)(not approved)
(repassed after disapproval) by the on 20
(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.
Such local
* 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.)
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.
Clerk the countyYegislative body, City, Town or Village Clerk or
offic designated by local legislative body
(Seal) Date: d (- � O 1
(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
&I
ftf Wappinger
Town
X%M
Date:
DOS -239 (Rev. 05/05) Page 3 of 3