LL #03-2010NEW 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
O Town
❑ Village
Local Law No.
9
of the year 20 10
A local law entitled, "Local Law No. 3 of the Year 2010, Amending Section 122-16 of the Town of
Wappinger Code."
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑ County
❑ City of Wappinger as follows:
0 Town
❑ Village
(TEXT COMMENCES ON NEXT PAGE)
(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 NO.3 OF THE YEAR 2010
A Local Law entitled "Local Law No. 3 of the Year 2010, Amending Section 122-16 of the
Town of Wappinger Code."
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. 3 of the
Year 2010, Amending Section 122-16 of the Town of Wappinger Code" and by the adoption
thereof, shall revise and update the fees charged by the Town of Wappinger for the services it
provides, as set forth herein, to make such fees more consistent with the costs incurred by the
Town of Wappinger in providing the services.
Section II: Legislative Intent.
The Town of Wappinger Town Board routinely reviews its Fee Schedule as contained
within the Town of Wappinger Town Code for accuracy and consistency with the current
economic environment. The Town Board has determined it to be in the best interests of the
Town of Wappinger to maintain revenues consistent with the expenses incurred to operate the
services.
Certain proposed modifications to the Fee Schedule, as set forth herein, were established
in consideration of internal operating costs and comparisons with neighboring municipalities.
The proposed modifications to the Fee Schedule were circulated to all members of the Code
Enforcement Office for review and comment. The Town Board considered the proposed fees
and policies in an effort to balance the expenses incurred with adequate revenues and has
determined such to be appropriate.
In addition, the Town Fire Inspector presented to the Board a proposed Fee Schedule
with respect to the municipal services of Fire Code (1203) Enforcement, and with respect to the
municipal permit and inspection processes of fire alarm installations, and the Town Board
deliberated upon the proposed Fee Schedule and has determined such to be appropriate.
On January 4, 2010 and January 25, 2010, the Town Board, by Resolutions 2010-56 and
2010-61, approved and adopted a new fee schedule for various fees charged by the Town of
Wappinger and this Local Law is intended to codify those increases.
Section III: Amendment to the Code.
The following provisions of the Town of Wappinger Code are hereby amended:
1. § 122-16 (I)(3)( I.1)(1) is hereby amended to read as follows:
(1) § 192-2A, permit for installing lateral water lines: $150.00
2. § 122-16 (I)(3)( I.1)(2) is hereby amended to read as follows:
(2) § 192-2A, permit for installing lateral sewer lines: $150.00
3. § 122-16 J(1)(a) is hereby amended to read as follows:
(a) For projects of three acres or less: $150.00.
4. § 122-16 J(1)(b) is hereby amended to read as follows:
(a) For projects exceeding three acres to 50 acres: $500.00.
5. § 122-16 J(1)(c) is hereby amended to read as follows:
(a) For projects exceeding 50 acres: $750.00.
6. § 122-16 K(2) is hereby amended to read as follows:
(2) § 214-18, driveway permit fee: $150.00
7. § 122-16 L(1) is hereby amended to read as follows:
(1) Subdivision application fee: $1500.00 plus $250.00 per lot.
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§ 122-16 N(1)(b) is hereby amended to read as follows:
(b) Special permit — regular fee: $1,000.00 per application.
9. § 122-16 N(2) is hereby amended to read as follows:
(2) § 240-59, permit fee for temporary outdoor use and/or sales (including
sign): $250.00.
10. § 122-16 N(3)(a) is hereby amended to read as follows:
(a) Site plan application fee: $1,500.00, plus $250.00 per 1,000 square feet of
gross floor area of the building, plus $20.00 per parking space.
11. § 122-16 N(3)(b) is hereby amended to read as follows:
(b) Amended site plan application fee: $750.00, plus $250.00 per 1,000
square feet of gross floor area, plus $20.00 per parking space.
12. § 122-16 N(3)(c) is hereby amended to read as follows:
(c) Recreation fee: $5,000.00 per original site plan containing residential
units.(Note: Such fee shall be payable by the applicant only upon (a) the
granting by the Planning Board of site plan approval and (b) a finding by the
Planning Board that (1) the granting of the application will create a need for
additional park land in the Town and (2) that a suitable park or parks cannot
be located on the site.)
13. § 122-16 N(5)(a) is hereby amended to read as follows:
(a) (Resident) Area/Use variance fee: $250.00 per application. ote:
Applicant also is responsible for payment to third parties of associated fees
and costs, including, e.g., publishing of public notice.)
14. § 122-16 N(5)(b) is hereby amended to read as follows:
(b) (Commercial) Area/Use variance fee: $500.00 per application.(Note:
Applicant also is responsible for payment to third parties of associated fees,
including, e.g., publishing of public notice.)
15. § 122-16 N(5)(c) is hereby amended to read as follows:
(c) Interpretations.
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16. § 122-16 N(5)(c)(i) is hereby added to read as follows:
(i) Residential interpretation fee: $150.00
17. § 122-16 N(5)(c)(ii) is hereby added to read as follows:
(ii) Commercial interpretation fee: $325.00
18. § 122-16 N(6)(a)[l][a] is hereby amended to read as follows:
[a] New construction and additions: permit application fee of $150.00 plus:
19. § 122-16 N(6)(a)[ 1 ] [a] [i] is hereby amended to read as follows:
[i] One- and two-family homes, and modular dwelling: $0.75 per square foot
of living space.
20. § 122-16 N(6)(a)[1][a][ii] is hereby amended to read as follows:
[ii] Manufactured homes: $0.40 per square foot of living space.
21. § 122-16 N(6)(a)[l][a][iii] is hereby amended to read as follows:
[iii] Carports/Garages (use square footage of ground floor only for two-story
garages): $0.40.
22. § 122-16 N(6)(a)[ 1 ] [a] [iv] [A] is hereby amended to read as follows:
[A] Covered, screened, and/or enclosed, without heat: $0.40 square foot.
Porches or decks which are enclosed with heat may be considered to be
living space subject to the applicable charge for living space.
23. § 122-16 N(6)(a)[ 1 ] [a] [v] [B] is hereby amended to read as follows:
[B] More than 200 square feet: $0.40 per square foot.
24. § 122-16 N(6)(a) [ 1 ] [a] [vi] [A] is hereby amended to read as follows:
[A] Pools.
25. § 122-16 N(6)(a)[ 1 ] [a] [vi] [A] [i] is hereby added to read as follows:
[i] Above -ground pool: $175.00.
C!
26. § 122-16 N(6)(a)[ 1 ] [a] [vi] [A] [ii] is hereby added to read as follows:
[ii] In -ground pool: $250.00.
27. § 122-16 N(6)(a)[2][a] is hereby amended to read as follows:
[a] New construction: permit application of $250.00 plus:
28. § 122-16 N(6)(a)[2] [a] [i] is hereby amended to read as follows:
[i] For Use and Occupancy Classifications A, E, F, H, I, R-3 and R-4, the fee
is $1.50 per square foot up to and including 5,000 square feet, plus $0.75 per
square foot over 5,000 square feet.
29. § 122-16 N(6)(a)[2] [a] [ii] is hereby amended to read as follows:
[ii] For Use and Occupancy Classifications B and M, the fee is $1.20 per
square foot up to and including 5,000 square feet, plus $0.60 per square foot
over 5,000 square feet.
30. § 122-16 N(6)(a)[2] [a] [iii] is hereby amended to read as follows:
[iii] For Use and Occupancy Classifications S and U, the fee is $1.00 per
square foot up to and including 5,000 square feet, plus $0.50 per square foot
over 5,000 square feet.
31. § 122-16 N(6)(a)[2][b](d) is hereby amended to read as follows:
(d) Certificate of occupancy (includes new C/O and a C/O for a change in
use or for change in occupant): $250.00.
32. § 122-16 N(6)(a)[2][b](e)[1] is hereby amended to read as follows:
[ 1 ] Fireplace/Stove/Chimney: $150.00
33. § 122-16 N(6)(a)[2][b](e)[2] is hereby amended to read as follows:
[2] Replacement of furnace/boiler (includes hot water/heat/plumbing
alterations and central air conditioning systems): $150.00
34. § 122-16 N(6)(a)[2][b](e)[3] is hereby amended to read as follows:
[3] Electrical upgrades (includes change of electrical service, any extensions
of electric facilities, adding new outlets/switches/fixtures): $50.00.
5
35. § 122-16 N(6)(a)[2][b](e)[5] is hereby amended to read as follows:
[5] Compliance fee for structure or use for which no permit or C/O was
obtained: $250.00, plus cost of building permit for structure/use.
36. § 122-16 N(6)(a)[2][b](e)[7] is hereby amended to read as follows:
[7] C/O and/or municipal violation search.
37. § 122-16 N(6)(a)[2][b](e)[7][i] is hereby added to read as follows:
[i] Residential municipal search: $175.00
38. § 122-16 N(6)(a)[2][b](e)[7][ii] is hereby amended to read as follows:
[ii] Commercial municipal search: $325.00 per building.
39. § 122-16 N(7)(g) is hereby added to read as follows:
(g) For grading permit inspections, the applicant shall deposit and maintain a
sum determined by the Town Engineer; such sum shall be no less than
$2,500.00.
40. § 122-16 O(1) is hereby amended to read as follows:
(1) Sign permit application fee (for the construction of a new sign or the
alternate of an existing sign): $2.50 per square foot. ote: construction of a
new sign will also require a building permit and payment of the associated
fee.)
41. § 122-16 (Q)(1) is hereby amended to read as follows:
(1) Areas of public assembly: $200.00 per year.
42. § 122-16 (Q)(2) is hereby amended to read as follows:
(2) Nonresidential uses and occupancies, including but not limited to
hazardous materials, combustible liquids and gases, compressed gases and
cryogens; junkyards and lumberyards; commercial/industrial ovens and
cooking equipment; service stations and repair garages; welding and cutting;
fire protection equipment: $200.00 per year.
43. § 122-16 (Q)(3)(a) is hereby amended to read as follows:
(a) Three to ten units: $200.00 per year.
G
44. § 122-16 (Q)(3)(b) is hereby amended to read as follows:
(b) Eleven to 50 units: $275.00 per year.
45. § 122-16 (Q)(3)(c) is hereby amended to read as follows:
(c) More than 50 units: $350.00 per year.
46. § 122-16 (Q)(6) is hereby amended to read as follows:
(6) Special events (per occurrence), outdoor assemblies, outdoor sales,
commercial tents and membrane structures, carnivals and fairs, concerts,
fireworks, etc.: $250.00 each.
47. § 122-16 (Q)(7)(a) is hereby amended to read as follows:
(a) Sprinklers and fire suppression systems: $300.00 for each new
installation.(Note: a building permit also will be required.)
48. § 122-16 (Q)(7)(b) is hereby amended to read as follows:
(b) Renovations or modifications to existing systems: $150.00.(Note: a
building permit also will be required.)
Section IV: Numbering for Codification.
It is the intention of the Town of Wappinger 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 sub-
sections of this Local Law may be re -numbered or re -lettered to accomplish such intention; the
Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be
changed to "Chapter," "Section" or other appropriate word as required for codification; and any
such rearranging of the numbering and editing shall not effect the validity of this Local Law or the
provisions of the Code effected thereby.
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
7
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. However, the fees set forth herein shall be effective as of January 25,
2010, the date of adoption of Resolution 2010-61 which authorized the fee increase.
(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.
3
of 20 10 of
the ( #y)(TAy)(Town)(V4 ) of WAPPINGER was duly passed by the
Town Board on September 27, 20 10 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
on
(Elective Chief Executive Officer*)
and was deemed duly adopted
of 20 of
was duly passed by the
20 and was (approved)(not approved)
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.)
hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
was duly passed by the
on 20 and was (approved)(not approved)
(Elective Chief Executive Officer*)
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. 05105) 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: Zvi
ClerkidignatCed
county legislative body, City, Town or Village Clerk or
officeby local legislative body
(Seal) Date: R 4q 110
(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
a€y
of
Town
age
Wappinger
Date:
DOS -239 (Rev. 05/05) Page 3 of 3