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LL# 05-2007Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, 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. MUMM Townof---Wapping.en------------------------------------------------------------------------ ymll Local Law No.__5 -------------------------------- of the year 20_D.7__ A local law--Amending--Various-_Subsections. _af_Sawn__Cade-_122=L6__to_.Amend__Car_tain (laser! Title) _ Pg� l:_Fft, P,-r2------------------------------------------------------------------------------------------ Be it enacted by the -------------------- T-o--vn_.llszarA---------------------------------------------------- of the (Name ofLegislative Body) Town of --- WaPp-ingex------------------------------------------------------------------------ as follows: XUW *** 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) `lJ LOCAL LAW NO.5 OF THE YEAR 2007 A Local Law entitled "Local Law No. 5 of the Year 2007, Amending Various Subsections of Town Code § 122-16 to Increase Certain Permit Fees." 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. 5 of the Year 2007, Amending Various Subsections of Town Code §122-16 to Increase Certain Permit Fees", which shall amend the various fee sections of the Town Code as set forth in §122- 16 as set forth below. Section II: Legislative Intent: The Director of Code Enforcement has reviewed the records of the building department in order to determine the actual time spent to administer various permits and conduct inspections as required by the Town Code. Based on his review of the amount of time expended for the particular tasks, the Director of Code Enforcement has determined that certain fees presently charged for permits and inspections do not adequately compensate the Town of Wappinger for the time and expense involved and that an increase of the fees charged is necessary. Based upon the study and recommendation of the Director of Code Enforcement, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to amend the Town's Fees Schedule found at §122-16 of the Town Code in order to increase certain permit fees and inspection fees. Section III: Amendments: The following sub -sections of §122-16 are amended to read as follows: §122-16 K (2) - "§214-18, drivewaypermit fee: $100.00." CADocuments and Settings\Chris Masterson\Desktop\Sandra - Al Roberts ernailsTermit Fees\LL.doc § 122-16N(6)(a)[ 1 ] [a] [i] — "One and Two Family Homes and Modular Dwellings: $ 0.60 per square foot of living space." § 122-16N(6)(a)[2][a][i] — "For Use and Occupancy Classifications A, E, F, H, I, R-3 and R-4, 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." §122-16N(6)(a)[2][a][ii] — "For Use and Occupancy Classifications B and M, 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." §122-16N(6)(a)[2][a][iii] — "For Use and Occupancy Classifications S and U, the fee is $ 0.50 per square foot up to and including 5,000 square feet; plus $0.25 per square foot over 5,000 square feet." §122-16N(6)(e)[3] — "Electrical upgrades (includes change of electrical service, any extensions of electric facilities, adding new outlets/switches/fixtures): $ 25.00." §122-16N(6)(e)[4] — "Tent (temporary permit for outdoor sales on commercial site): $ 100.00." 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, N 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. 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. -------------5 __________-____----- of 20 -07 -- of the Town of---Wa.ppin�er__________________________________________ __ was duly passed b the (����Y>( )(��) - Y p Y ----MQw-n--13Q-ar-d __________________________ onMi3xC.b_121h- 20.07_, 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 (Name of Legislative Body) disapproval) by the-------------------------------------------------- and was deemed duly adopted on ------------------ 20----, (Elective Chief Executive 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 ofLegistative 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 ------------------ 2Q--- , 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 (Name of Legislative Body) disapproval) by the -------------------------------------------------- on ------------------ 20 --- . Such local law was subject to (Elective ChiefExecu ive Officer*) 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) 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 ------3-----, above. n (Seal) ClerkT4 the County &gislative body, City, Town or Village Clerk or of r designated by local legislative body JohnC. as erson, Town Clerk Date: 3(15 �0'I (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 Albert P. Roberts — Attorne Title of Wapni ngar Town Date.