LL# 03-2007Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(Use this form to fill 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.
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Local Law No. -------------- 1 -------------------- of the year 20 -Q7 --
A local law ---- Entitled--"19CA].-.)raw-A3.n£-2()0.7,-Amending--the,-Town-----------------------
(lnsen Title)
of Wappinger Code Regarding Fees and Escrow Accounts."
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Town Board --.--------- of the
Be it enacted by the -----------------------------------------------------------------------------
(Noose o/LegislaliveBody)
caw
Klf�x Wappinger
_______________ as follows:
Town
MWIffix
**TEXT COMMENCES ON NEXT PAGE**
(If additional space is needed, attach pages the same size as this sheet, and number each.)
/
DOS -239 (Rev. 11/99) `ll
TOWN OF WAPPINGER
LOCAL LAW # 3 OF THE YEAR 2007
A Local Law entitled "Local Law # 3 of 2007, Amending the Code of the Town of
Wappinger Regarding 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 # 3 of 2007, Amending the
Code of the Town of Wappinger Regarding 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 clarify and improve the Town Code provisions regarding fees and escrow accounts
for development projects.
Section 3. Amendments to the Town Code
1. Section 122-16.N(4) of Chapter 122, Fees and Fines, shall be revised to read as
follows:
(4) Conceptual review fee (subdivision, site plan, special permit): $250 per
application. The conceptual review fee shall be credited toward formal review
fees. No escrow account shall be established and no review by professional
consultants shall be performed.
2. Sections 122-16.N(7)(c), (e) and (f) of Chapter 122, Fees and Fines, shall be
revised to read as follows. (Sections 122-16.N(7)(a), (b) and (d) shall remain
intact.)
(c) For minor applications (includes 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: $1,500.00.
N
(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 construction 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
(f) For post -approval construction 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
3. Sections B(2) and (4) of Chapter 240 Attachment 6:1, Planning and Zoning
Departments Fees and Escrow Funds, shall be amended to read as follows.
(Sections B(1), (3), (5), (6) and (7) shall remain intact.)
(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(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
3
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.
(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
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
construction 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.
4. Section 240-110.A(3) of Chapter 240, Zoning, shall be amended to read as
follows. (Sections 240-110.A(1) and (2) shall remain intact.)
(3) Escrow account procedures.
(a) At the time of the submission of any application and prior to its review by the
Town Board, the Planning Board, the Zoning Board of Appeals or the
Building Inspector, the approving agency or agent shall require the
establishment of an escrow amount, from which withdrawals shall be made
to reimburse the Town for the cost of professional review services. The
applicant shall then provide funds to the Town for deposit into such account
in an amount as set forth in Chapter 122, Article IV, § 122-16N(7) of the
Code. It is the intent of these regulations to ensure that the applicant always
has on deposit with the Town of Wappinger an adequate amount of funds to
4
ensure that the Town will never subsidize applicant review costs at any time.
The applicant shall be provided with copies of the Town vouchers for such
services as they are submitted to the Town. 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. Also see Chapter 240
Attachment 6:1.
(b) In the event that a positive declaration is made in accordance with the New
York State Environmental Quality Review Act (SEQRA), all subsequent
professional review fees that are necessary for the preparation or review of an
EIS shall be reimbursed to the Town in accordance with the procedures
established under SEQRA. The applicant shall maintain the basic escrow
account for the continued review of the application that is not directly related
to the preparation or review of an EIS. The Town may require the applicant
to establish a separate escrow account for the professional review costs
necessary for the preparation or review of an EIS. All deposits,
reimbursements and refunds shall be made in accordance with § 240-
11OA(3)(a).
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.
5
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.
(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. - -------- _--- --------------------- of 20__9? -
of the fflyi (M)(Town)(XA1 lk) of --- W.app.ingex----------------------------------------------- was duly passed by the
Town -Boy_
.................. on -__.Jana--$-... 20-07, in accordance with the applicable provisions oflaw.
(Name oJLegislalive Body)
2, (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chlef' 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
(Nome of Legislative Body)
disapproval) by the-------------------------------------------------- and was deemed duly adopted on ------------------ 20 ----
(Elective Chief Execulive 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
(Manic of Legislative Body)
disapproval) by the------------------------------------------------- on------------------- 20----. Such local law was submitted
(Elective Chief Executive 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 ------------------ 20L--- , 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
(Manic of Legislative Body)
disapproval) by the ----- -----------------------------------------•--- on ------------------ 20 --- • Such local law was subject to
(Elective Chief Executive Officer's)
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,
(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) selection 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)
Clerk the County legislative body, City, Town or Village Clerk
or of ' r designated by local legislative body
John C. Masterson, Town Clerk
Date: C .5 r tog
(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.
Albert P. Roberts — Attorney
Title
)CUM3K
XYP of Wappinger
Town
l�
Date: '2
(3)