LL #05-2009NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing 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.
5
of the year 20 09
A local law entitled "Local Law #5 of 2009, Amending the Zoning Law so as to Include Pawn Shops
(Insert Title)
as a Special Permit Use in the Highway Business (HB) and Highway Design (HD) Zoning
Districts."
Be it enacted by the Town Board of the
Name of LegislativeBody)
❑ 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 # 5 OF THE YEAR 2009
A Local Law entitled "Local Law #5 of 2009, for the purpose of adding the new use —
Pawn Shops — 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 #5 of 2009, for the purpose of
adding the new use — Pawn Shops — to the Zoning Law."
Section 2: Legislative Intent
Pawn shops are not specifically allowed in any zoning district within the Town of
Wappinger, and the Town Board believes that such use should be permitted. This local
law would add Pawn Shops as a Special Permit Use in the Highway Business (HB) and
Highway Design (HD) zoning districts, subject to the provisions of proposed Section
240-81.4 of the Zoning Law. 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 definition in its proper alphabetical order:
PAWN SHOP — An establishment operated by a person, partnership or corporation
which loans money on deposit or pledge of personal property, other than securities
or printed evidences of indebtedness, or deals in the purchasing of personal
property on condition of selling said property back at a stipulated price.
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 "Pawn
shops (§ 240-81.4)" in the category of "Retail" uses, as a Special Permit Use in
the Highway Business (HB) and Highway Design (HD) zoning districts.
3. A new Section 240-81.4 shall be added to the Zoning Law and shall read as
follows:
§ 240-81.4 Pawn shops.
2
A. The pawn shop shall comply with the provisions of Article 5 of the General
Business Law of New York State.
B. The pawn shop shall possess a current and valid license issued in
accordance with Chapter 99, Collateral Loan Brokers, of the Town Code.
C. The proposed pawn shop shall not be located within 1,000 feet of an
existing pawn shop.
D. The Planning Board may impose such conditions as it deems necessary to
avoid or minimize impacts and the impairment of the use, enjoyment and
value of property in the area of the proposed pawn shop.
E. Parking for the pawn shop shall be provided as set forth in Article X of this
chapter and as required by the Planning Board.
F. 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 pawn shop.
G. Each pawn shop 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 Chapter 99 of the Town Code,
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
pawn shop 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.
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 "Retail or service business" use:
Use Minimum Number of Off -Street Parking Spaces
Pawn shop 1 for each 150 square feet of gross floor area
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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: Inclusion in Code
It is the intention of the Wappinger Town Board and it is hereby enacted that the
provisions of this local law shall be included in the Code of the Town of Wappinger; that
the sections and subsections of this local law may be renumbered or relettered to
accomplish such intention; and that the word "local law" shall be changed to "chapter,"
"section" or other appropriate word, as required for codification.
Section 6: Renumbering
The location and numerical designation of this local law and the sections included herein
shall be delegated to the discretion . of the codifier, General Code, which may renumber
this local law and sections as are necessary to accommodate these amendments.
Section 7: Codification
This local law shall be incorporated into the Code of the Town of Wappinger and shall be
assigned a chapter number and appropriate section numbers by the codifier, General
Code, in accordance with the numbering system of the Code.
Section 8: Codifier's Changes
This local law shall be included in the Code of the Town of Wappinger. The codifier
shall make no substantive changes to this local law, but may renumber, rearrange and edit
it without first submitting it to the Wappinger Town Board. Any such rearranging,
renumbering and editing shall not affect the validity of this local law or the provisions of
the Code affected thereby.
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
M
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.
5
(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. 5 of 20 09 of
the (MMY4)XW(Town)(1Xi}LWe) of Wappinger was duly passed by the
Town Board on May 11th, 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
on 20 and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the
(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
on
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
was duly passed by the
20 , and was (approved)(not approved)
on 20 . Such local
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.
(Seal)
Cler of the county legislative body, City, Town or Village Clerk or
officer designated by local legislative body
Date: 5t 14),q) 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
MU4
304of Wappinger
Town
"-ftK
Date: S
DOS -239 (Rev. 05/05) Page 3 of 3