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LL# 07-2006TOWN OF WAPPINGER TOWN CLERK CHRIS MASTERSON September 6th, 2006 General Code Publishers 72 Hinchey Road Rochester, NY 14624 To Whom It May Concern: TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-5771 FAX: (845) 298-1478 SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI Enclosed please find Local Law #7 of 2006, that was adopted at the meeting of August 28th, 2006, to be included in the Town of Wappinger Code Publishers Book. Sincerely John C. Masterson Town Clerk encl. NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (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. Town -of WAPPINGER Local Law No. 6 of the year 2006 A local law entitled "Local Law # 6 of 2006, Amending the Code of the Town of Wappinger Regarding Recreation Fees and Escrow Accounts." Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: TEXT COMIl IENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 11/99) TOWN OF WAPPINGER LOCAL LAW # 6 OF THE YEAR 2006 A Local Law entitled "Local Law # 6 of 2006, Amending the Code of the Town of Wappinger Regarding Recreation Fees and 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 # 6 of 2006, Amending the Code of the Town of Wappinger Regarding Recreation Fees and Escrow Accounts." Section 2. Legislative Intent The intent of the proposed Local Law is to amend the Code of the Town of Wappinger so as: to be consistent with the New York State enabling legislation (the Town Law) with respect to recreation fees; and to clarify and improve the Town Code provisions regarding escrow accounts for development projects. Section 3. Amendments to the Town Code 1. Section 122-16.N(3) of Chapter 122, Fees and Fines, shall be.revised to read as follows: (3) § 240-84, site plan fees: (a) Site plan application fee: $500, plus $150 per 1,000 square feet of gross floor area of the building, plus $10 per parking space. (b) Amended site plan application fee: $250, plus $150 per 1,000 square feet of floor area. (c) Recreation fee: [1] For one to nine dwelling units: $5,000 per dwelling unit; 2 2. (7) [2] For 10 or more dwelling units, the Planning Board shall determine whether to require the reservation of land, or payment of $5,000 per dwelling unit. Section 122-16.N(7) of Chapter 122, Fees and Fines, shall be revised to read as follows: § 240-110, Escrow funds: (a) For subdivision application review, the applicant shall deposit and maintain a sum calculated as follows: Number of Lots Amount 0 to 2 $3,750.00 3 to 10 11 to 35 More than 35 $7,500.00 $22,500.00 $52,500.00 (b) For site plan application and special use permit application review, the applicant shall deposit and maintain a sum calculated as follows: Square Footage Amount 0 to 3,000 $3,750.00 3,001 to 20,000 $7,500.00 20,001 to 50,000 $22,500.00 Greater than 50,000 $52,500.00 (c) For minor applications (includes accessory apartments; professional office or studio uses in a residence; home occupations involving on-site clients, visitors, customers or patrons; lot line changes and land transfers which result in conforming lots and which involve less than 10% of the minimum lot area of each involved lot; and subdivisions in which no new building lots are created), the applicant shall deposit and maintain a sum calculated as follows: $500. (d) For variance application review, the applicant shall deposit and maintain a sum determined by the Zoning Board of Appeals. (e) For post -application construction review and construction inspection for a subdivision or site development plan involving a maintenance bond, the 3 applicant shall deposit and maintain a sum equal to 6% of the construction costs as estimated by the Town Engineer. (f) For post -application construction review and construction inspection for a site development plan not involving a maintenance bond, the applicant shall deposit and maintain a sum calculated as follows: Square Footage Amount 0 to 3,000 $3,750.00 3,001 to 20,000 $7,500.00 20,001 to 50,000 $16,875.00 Greater than 50,000 $26,250.00 3. Section 217-25 of Chapter 217, Subdivision of Land, shall be revised to read as follows: § 217-25. Reservations and easements. All reservations and easements shall be clearly indicated on the final subdivision plat, along with appropriate notations indicating the rights which exist with respect to each such reservation and/or easement. A. Park reservations. (1) General standards. The Planning Board may require that land be reserved within subdivisions containing residential units for a park or parks suitably located for playground or other recreational purposes. Such locations shall be as designated on the Town Development Plan or Official Map or as otherwise deemed appropriate by the Planning Board. Each reservation shall be of suitable size, dimensions, topography and general character and shall have adequate street access for the particular purpose or purposes envisioned by the Planning Board, taking into consideration the recommendations of the Recreation Commission. The area shall be shown and marked on the plat as "Reserved for Park Purposes." (2) Land for park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and anticipated future needs for 4 park and recreational facilities in the Town based on projected population growth to which the particular subdivision plat will contribute. (3) Minimum size. The Planning Board may require the reservation of up to 10% of the area of the subdivision for recreation purposes. In general, it is desirable that land reserved for park and playground purposes have an area of at least three acres. The Board may require that such areas be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided. (4) Ownership of park areas. The ownership of reservations for park purposes shall be clearly indicated on the plat and established in a manner satisfactory to the Planning Board so as to assure their proper future continuation and maintenance. (5) Cash payment in lieu of reservation. Where the Planning Board makes a finding pursuant to paragraph (2) of this section that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but determines that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat, the Board may require, as a condition to approval of any such plat, a payment to the Town in an amount set forth in Chapter 122, Article IV, § 122-16L of the Code. In making such determination of suitability, the Board shall assess the size and suitability of lands shown on the subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property. 4. Section 240-86.0 of Chapter 240, Zoning, shall be renumbered 240-86.P and shall be revised to read as follows: P. Other public needs. The Planning Board shall assure that other public needs, including other needed services, are adequately and properly met. 5. A new Section 240-86.0 shall be inserted in Chapter 240, Zoning, and shall read as follows: O. Park reservations. 5 (1) General standards. The Planning Board may require that land be reserved within site plans containing residential units for a park or parks suitably located for playground or other recreational purposes. Such locations shall be as designated on the Town Development Plan or Official Map or as otherwise deemed appropriate by the Planning Board. Each reservation shall be of suitable size, dimensions, topography and general character and shall have adequate street access for the particular purpose or purposes envisioned by the Planning Board, taking into consideration the recommendations of the Recreation Commission. The area shall be shown and marked on the plat as "Reserved for Park Purposes." (2) Land for park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the town based on projected population growth to which the particular subdivision plat will contribute. (3) Minimum size. The Planning Board may require the reservation of up to 10% of the area of the site plan for recreation purposes. In general, it is desirable that land reserved for park and playground purposes have an area of at least three acres. The Board may require that such areas be located at a suitable place on the edge of the site plan so that additional land may be added at such time as the adjacent land is developed. (4) Ownership of park areas. The ownership of reservations for park purposes shall be clearly indicated on the site plan and established in a manner satisfactory to the Planning Board so as to assure their proper future continuation and maintenance. (5) Cash payment in lieu of reservation. Where the Planning Board makes a finding pursuant to paragraph (2) of this section that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but determines that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Board may require, as a condition to approval of any such site plan, a payment to the Town in an amount set forth in Chapter 122, Article IV, § 122-16N(3) of the Code. In making such determination of suitability, the board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors including whether there is G a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property. (6) Notwithstanding the foregoing provisions of this section, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to Chapter 217, Subdivision of Land, of the Town Code, the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof. 6. 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 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 review of the applicant's project. Said fees shall be submitted by voucher and paid as approved by the Zoning Administrator. 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. 7 (3) Refunds from application review escrow accounts. No refunds of any funds remaining on deposit in escrow shall be issued until after all pertinent professional review charges have been paid .and a closing meeting shall be held to review final bills and payments prior to any refund. (4) Post -approval construction reviews and construction inspections. 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 construction review and construction inspection costs, including but not limited to, inspection of construction of roads and driveways. Upon filing an application for a building permit, 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 Zoning Administrator. 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 all professional fees charged in connection with the post -approval construction inspection and construction review of the project have been reimbursed to the Town. (5) Refunds from post -approval construction review and construction inspection escrow accounts. No refunds of any funds remaining on deposit in escrow shall be issued until after all pertinent professional construction review and construction inspection charges have been paid and until (as applicable): (a) six months 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 signing of the subdivision plat or site development plan by the Planning Board Chairman in the case of a subdivision or site plan not involving a maintenance bond. A closing meeting shall be held to review final bills and payments prior to any refund. (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. 8 (7) Calculation of escrow fund. See Chapter 122, Article IV, § 122-16N. 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. 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\LL escrow 6-20-06 clean.dhs.doc E (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. ---------------6------------------ of 20 -OL -- of the(� (Town)() of--WzpLpLngex----------------------------------------- ------ was duly passed by the --Town_Boar _____________________ onAug„sr-_2.8xh 2046-, in accordance with the applicable provisions of law. (Nance of Legislative Body) 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 (Comay)(City)(Town)(Village) of=---------------------------------------------------------------- was duly passed by the d ( of a roved)(repassed after ------------------ on - (Nance of Legislative Body) disapproval) by the ----------------------------------------- (Elective ChiefExeculive Officer') in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) 20 --- , and was (approve) n pp and was deemed duly adopted on ------------------ 20----, 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)(repassed after (Nome of Legislali ve Body) ----- __ on------------------- 20----. Such local law was submitted disapproval) by the ------------------------------------------ (Elective ChiefExecalive Officer*) 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)(repassed after (Nnme ofLegisiative Body)- disapproval) ody),disapproval) by the ----------- ---- --- on ------------------ 20 --- • Such local law was subject to (Elective ChiefExeculiveOfcer) . permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 2a--- , in accordance with the applicable provisions of law. *Elective Chief Executive Officer m eans 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.) 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 cit- ies 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 in- dicated in paragraph ------1-----, above. (Seal) CleA,bf the County legislative body, City, Town or Village Clerk o cer designated Hy'local legislative body John C. Masterson, Town Clerk. Date: September 1st, 2006 (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 th Albert P. Roberts, At Title 01 O xof Wappnger Town Date: (3)