LL #01-2011NEW 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
Town
Village
Local Law No. 1
of the year 20 11
A local law entitled, "Capital Buy -In Fees for Water and Sewer Districts"
(Insert Title)
Be it enacted by the Town Board
ame o egg alive y
of the
❑ County
❑ City of Wappinger
A 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 NO. 1 OF THE YEAR 2011
A Local Law entitled "Local Law No. 1 of the Year 2011, Capital Buy -In Fees for Water
and Sewer Districts."
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. 1 of
the Year 2011, Capital Buy -In Fees for Water and Sewer Districts."
Section II: Amendments:
The Town of Wappinger Code, Chapter 236, Article II, Section 236-6, entitled "Tenancy
Terms for Water and Sewer Districts or Improvement Areas" is hereby rescinded in its entirety and
is hereby replaced with an entirely new Article I1 entitled "Buy -In Fees for Water and Sewer
Districts," to read as follows:
"§ 236-5. Legislative Intent:
The purpose of this Local Law is to increase the capital buy -in fees to be paid by out of
district parcels for entrance into the Town's Water or Sewer Districts (Fleetwood Water District,
United Wappinger Water District or United Wappinger Sewer District). The present buy -in fee was
adopted in 2004. The present buy -in fee is an amount equal to a 30% surcharge on Operation and
Maintenance (O&M) charges for a period of five (5) years from the date of connection to the Water
or Sewer District. The Town Board has re-examined its current capital buy -in policy for out of
district users and has determined that the buy -in fee should be more reflective of the value of the
Water and Sewer Plants to which the parcels will be connected.
The Town Board has been advised that the cost of constructing a new Sewer Plant is
estimated at $15.00 per gallon per day of design flow and the cost of constructing a new Water Plant
is estimated at $10.00 per gallon per day of design production. After due consideration, the Town
Board has determined that buy -in fees should be correlated to the value of the Water and Sewer
Plants to which various parcels will be connected. The buy -in fees are correlated only to the costs
of constructing the Water or Sewer Plants. In addition, any parcel seeking permission to join a
Water or Sewer District will have to pay capital benefit assessments in accordance with the benefit
assessment formula presently in effect for the Water or Sewer District.
§ 236-6. Buy -in Fees to Sewer and Water Districts.
A. Buy -In Fee. Any parcel of property seeking connection to a Water or Sewer District
shall pay a capital buy -in fee prior to or simultaneously with connection to the respective Water
or Sewer District.
B. Calculation of Buy -In Fee.
1. Sewer Districts.
a. Non -Residential Parcels.
The capital buy -in fee for out -of -district non-residential parcels to
a Sewer District shall be a sum equal to $15.00 per gallon of
estimated daily design flow, as determined by a competent
engineer and confirmed by the Engineer to the Town.
b. Residential Parcels.
For single family residential parcels with no more than four (4)
bedrooms per residential unit, the average daily usage shall be
deemed to be 320 gallons per day, equaling a capital buy -in fee of
$3,200.00;
For each additional bedroom, the presumptive daily usage will
increase by 100 gallons per day, with an additional capital buy -in
fee of $1,500.00 per bedroom over four (4) bedrooms.
C. Multi -Family Residential Units.
For studio apartments/units and one (1) bedroom apartments/units,
the average estimated daily usage shall be deemed to be 100
gallons per day, for a capital buy -in fee of $1,500.00;
For a two (2) bedroom apartment/unit, the average estimated daily
usage shall be deemed to be 200 gallons per day, for a capital buy -
in fee of $3,000.00;
For a three (3) or more bedroom apartment/unit, the average
estimated daily usage shall be the same as in B. Lb. above.
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2. Water Districts.
a. Non -Residential Parcels.
The capital buy -in fee for out -of -district non-residential parcels to
a Water District shall be a sum equal to $10.00 per gallon of
estimated daily design flow, as determined by a competent
engineer and confirmed by the Engineer to the Town.
b. Residential Parcels.
For single family residential parcels with no more than four (4)
bedrooms per residential unit, the average daily usage shall be
deemed to be 320 gallons per day, equaling a capital buy -in fee of
$4,800.00;
For each additional bedroom, the presumptive daily usage will
increase by 100 gallons per day, with an additional capital buy -in
fee of $1,000.00 per bedroom over four (4) bedrooms.
C. Multi -Family Residential Units.
For studio apartments/units and one (1) bedroom apartments/units,
the average estimated daily usage shall be deemed to be 100
gallons per day, for a capital buy -in fee of $1,000.00;
For a two (2) bedroom apartment/unit, the average estimated daily
usage shall be deemed to be 200 gallons per day, for a capital buy -
in fee of $2,000.00;
For a three (3) or more bedroom apartment/unit, the capital buy -in
fee shall be the same as in paragraph B.2.b. above.
C. Additional Capital Buy -In Fee. The buy -in fees for water or sewer have been based
upon estimated average daily demand determined by a competent engineer and confirmed by the
Town's engineer. If during the next three (3) years after connection to the water or sewer
system, it is determined that the actual average daily demand on the water or sewer systems is
greater than the amount estimated, the property owner shall pay an additional buy -in fee
calculated in accordance with the above. This shall only apply to commercial property users.
D. Benefit Assessments. In addition to the above buy -in fees, all parcels, once duly
included in the Water or Sewer District, will be assigned Benefit Units in accordance with the
respective district formula, as determined by the Town Assessor and shall be charged Benefit
Unit Assessments on their yearly and State, County and Town tax bills to pay for their pro -rata
share of capital indebtedness incurred by the District.
-3-
E. Procedure for Inclusion in Water or Sewer Districts.
1. All proposed users will be required to Petition the Town Board to extend
the boundaries of the Water or Sewer District in accordance with Article 12 of the Town Law.
2. Applicants will be required to pay for all costs incurred by the Town for
legal and engineering work associated with the extension of the District boundaries, the review
and approval of the interconnection to the District's existing infrastructure and all costs
associated with the construction and extension of any District pipes or appurtenances necessary
to connect the subject parcel to the respective District facilities.
3. The applicant shall deposit a sum, as determined by the Town Board, with
the Town to guarantee payment of all such costs to be incurred by the Town.
4. Once included in the Water or Sewer District, the subject parcels will be
assigned benefit units in accordance with the District formula, as determined by the Town
Assessor, and shall be charged benefit assessments on their yearly state, county and town tax bill.
5. Once connected, parcels will be charged for O&M in accordance with the
formula and rates as established by the Town Board for the respective District.
6. All proposed users will be given an opportunity to review the formulas for
assigning benefit units for capital charges as well as the formula for determining O&M (usage)
charges. All proposed users shall be required to sign a Consent agreeing to the methodology
utilized to determine benefit units and O&M charges.
§ 236-7. Exclusions.
A. The buy -in fee for Water and Sewer Districts identified in § 236-6 above shall not
apply to any parcels which are located within the original jurisdictional boundaries of the
Wappinger Sewer Transmission Treatment Improvement Area (WST/TIA) and which are
subsequently included in a new Sewer District extension which will pay for an expansion of the
Sewer Treatment Facilities located at the Tri -Municipal Sewer Plant in the Town of
Poughkeepsie. Such parcels, if included in a Sewer District extension, will be treated on an ad
hoc basis with the capital buy -in fee, if any, determined by the Town Board at the time of such
Sewer District extension approval.
B. The above formula will not apply to parcels which are located outside the original
boundaries of WST/TIA and which are included in a new District extension which pays for an
expansion of the Tri -Municipal Sewer Facilities in the Town of Poughkeepsie. Such parcels, if
permitted to connect, will be treated on an ad hoc basis with the capital buy -in fees determined
by the Town Board; the Town Board shall, at the time of such Sewer District extension,
reimburse the Sewer District for its pro -rata use of any of the existing Sewer facilities as part of
the Sewer District extension."
Section III: 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 by the Codifier 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 IV: 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 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 V: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law 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. 1 of 20 11 of
the (County)(City)(Town)(Village) of Wappinger was duly passed by the
Town Board on December 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
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
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.)
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 on 20 . Such local
(Elective Chief Executive Officer*)
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.
Clerk offlie county legislative body, City, Town or Village Clerk or
officer d&ignated by local legislative body
(Seal) Date:
(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
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Town
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DOS -239 (Rev. 05/05) Page 3 of 3