LL# 06-2006TOWN 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 #6 of 2006, that was adopted at the meeting
of August 28th, 2006, to be included in the Town of Wappinger Code
Publishers Book.
Sincerely
hn C. Masterson
Town Clerk
encl.
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
Local Law Fili
(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. 7 of the year 2006
A local law entitled "Local Law # 7 of 2006, Amending the Town of Wappinger
Zoniniz Law Re ag_rding the Removal of Section 240-70.I and the Correction
of Section 240-67.G."
Be it enacted by the TOWN BOARD
of the
Town of WAPPINGER
as follows:
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and
number each.)
DOS -239 (Rev. 11199)
TOWN OF WAPPINGER
LOCAL LAW # 7 OF THE YEAR 2006
A Local Law entitled "Local Law # 7 of 2006, Amending the Town of Wappinger
Zoning Law Regarding the Removal of Section 240-70.I and the correction of Section
240-67.G."
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 2006, Amending the
Town of Wappinger Zoning Law Regarding the Removal of Section 240-70.I and the
Correction of Section 240-67.G."
Section 2. Legislative Intent
The intent of the proposed Local Law is to correct the Town of Wappinger Zoning Law
with regard to the error made in adopting Section 240-70.I and an associated error in
Section 240-67.G.
Section 3. Amendments to the Zoning Law
1. Section 240-70.I of the Zoning Law shall be deleted in its entirety.
2. Section 240-67.G shall be amended to read as follows:
G. Notwithstanding requirements to the contrary, the sale of small motor vehicles less
than 1,500 pounds' gross weight, such as go-carts, jet skis, and motorcycles, shall
be permitted and regulated as a retail use, provided there is no outdoor storage; the
floor area for the use is less than 5,000 square feet; and, with the exception of the
minimum acreage requirements, the use meets all other requirements of § 240-67.
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
2
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 AmendmentALL 240-70.I.clean.dhs.doc
3
(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. ----------------7 ----------------- of 20.06__
of the(1) (Town)(`Xt4� of Wap1 pins -ex------------------------------------------------- was duly passed by the
Town__foar_________________ onAuguat--2&th200h_, in accordance with the applicable provisions of law.
(Name 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 (County)(City)(Town)(Village) of=--------------------------------------------------------------- was duly passed by the
_-_--_____________ ----------------- on ------------------ 20 ---, and was (approved)(not approved)(repassed after
(NanteoJLegisladveBody)
disapproval) by the -------------------------------------------------- and was deemed duly adopted on ------------------ 20---- ,
(Elective ChiefExeeutive Officer*)
in accordance with 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)(repassed after
________________________________________________
(Name ofLcgislaiive Body)
disapproval) by the -----------------------------------------
on------------------- 20---- • Such local law was submitted
(Elective ChiefExecuuve 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------------------ 2a--- , in
accordance with the applicable provisions, of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
'_ of 20------
I her certify that the local law annexed hereto, designated as local law No. ------=------------------------ ---
of the (County)(City)(Town)(Village) of-----------------------=---------------------------------------- was duly passed by the
on ------------------ 20---- , and was (approved)(not approved)(repassed after
(Name of Legislative Body) .
---------------------- on ----- 20 --- . Such local law was subject to
disapproval) by the -----------
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 20---- , in
accordancewith 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.
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 -----I------, above. ^ r,
(Seal)
Cler a County legisllgtive body, City, Town or Village Clerk
or r designated by local legislative body
JOHN C. MASTERSON, TOWN CLERK
Date: September 1st, 2606
(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 ha:d or taken for the enactment of the
_ Albert P Roberts, Attorney
Title
Dmm
of W"2; ngF'r
Town
MW
Date: - /
(3)