LL # 03-2012NEW 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. 3
of the year 20 12
A local law entitled "Local Law # 3 of 2012, for the Purpose of Amending Chapter 122,
Fees and Fines, Chapter 206, Soil Erosion and Sediment Control,
Chapter 217, Subdivision of Land, and Chapter 240, Zoning Matters."
Be it enacted by the Town Board
ame OT L6glSlatlVe o y
of the
A County
❑ City of Wappinger
A Town
❑ Village
TEXT COMMENCES ON NEXT PAGE
DOS -239 (Rev. 05/05)
as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
Page 1 of 3
LOCAL LAW # OF THE YEAR 2012
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 #_ of 2012, for the purpose of
amending Chapter 122, Fees and Fines, Chapter 206, Soil Erosion and Sediment Control,
Chapter 217, Subdivision of Land, and Chapter 240, Zoning, of the Town Code with
respect to a variety of planning and zoning matters."
Section 2: Legislative Intent
The Town Board believes that it is reasonable and appropriate to amend Chapter 122,
Fees and Fines, Chapter 206, Soil Erosion and Sediment Control, Chapter 217,
Subdivision of Land, and Chapter 240, Zoning, of the Town Code with respect to a
variety of planning and zoning matters. This local law is determined to be an exercise of
the police powers of the Town to protect the public health, safety and welfare of its
residents.
Section 3: Code Amendments
1. Section 122-16J shall be amended to read as follows:
J. Chapter 206, Soil Erosion and Sediment Control.
(1) § 206-17, grading permit and inspection fees:
(a) For projects less than one acre: $250.
(b) For projects of one to five acres: $750.
(c) For projects exceeding five acres: $1,000.
2. Section 122-16N(7)(g) shall be amended to read as follows:
(g) For grading permit inspections, the applicant shall deposit and maintain the
following sums.
(1) For projects less than one acre: $250.
(2) For projects of one to five acres: $750.
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(3) For projects exceeding five acres: $2,500.
3. Section 206-8A shall be amended to read as follows:
A. Requirement. Except as exempted by Subsection B of this section, no
applicant shall do any grading, stripping, cutting, filling, excavation or
other site preparation without a grading permit issued by the Zoning
Administrator, without plot plan approval for a new one -family dwelling or,
for anything other than a one -family dwelling, without site plan approval
from the Planning Board, pursuant to § 240-83. No grading permit shall be
issued on vacant land without plot plan or site plan approval.
4. Section 206-17 shall be amended to read as follows:
§ 206-17. Fees.
The fees for permits and inspections, based upon relevant criteria, are set forth in
Chapter 122, Article IV, § § 122-16J(1) and 122-16N(7)(g) of the Code.
5. Section 217-13E(4) shall be amended to read as follows:
(4) Notwithstanding the foregoing provisions, the Planning Board may extend
for periods of 90 days each, the time in which a conditionally approved plat
must be submitted for signature if, in the Planning Board's opinion, such
extension is warranted by the particular circumstances.
6. The following definitions in Section 240-5 shall be revised to read as follows:
BUILDING
Any structure having a roof which is self-supporting or supported by columns,
studs, poles or similar supports or by walls, and which is intended for the shelter,
housing or enclosure of persons, animals or property.
BUILDING, ACCESSORY
A building which is subordinate to the principal building on the lot and used for
purposes customarily incidental to that of the principal building. Accessory
buildings shall include but not be limited to barns, garages, sheds, huts, garage- or
shed -like tents, etc. Where an accessory building is attached to the principal
building in a substantial manner, as by a wall or roof, such accessory building
shall be considered part of the principal building.
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KENNEL, PRIVATE
Structures, runs, storage areas or other customary appurtenant and accessory
buildings, structures or facilities used for the keeping of four or more dogs or
three or more cats over five months of age for noncommercial purposes.
PET
Any domestic animal that has been adapted or tamed to live in intimate association
with people, but is not limited to, dogs, cats, rodents, fish, birds, snakes, turtles,
lizards, frogs and rabbits, but excluding farm animals as defined herein.
STRUCTURE
A. Anything constructed or erected, the use of which requires location on, in
or under the ground or water or attachment to something having location on
the ground or water, including but not limited to buildings, parking decks or
garages, storage containers, swimming pools, tennis courts, towers, docks,
balconies, open entries, porches, decks, handicap ramps, signs, permanent
awnings, gas or liquid storage tanks, ground -mounted antennas, ground -
mounted solar panels and satellite receiving antennas and walls more than
six feet in height, but not anything requiring only single paving or surfacing
of the ground such as parking lots, driveways or sidewalks.
B. A static construction or an assembly of materials, the use or occupancy of
which requires a fixed location on the ground or attachment to an object
having a fixed location.
7. The following new definitions shall be added to Section 240-5 in their proper
alphabetical order:
FARM ANIMAL
Livestock, poultry and insects customarily associated with agricultural operations,
such as cattle, sheep, hogs, goats, horses, chickens, guineafowl, pigeons, ratites
such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur bearing
animals, wool bearing animals such as alpacas and llamas, and bees.
FARM ANIMAL, LARGE
Animals including cattle, sheep, hogs, goats, horses, ratites such as ostriches,
emus, rheas and kiwis, farmed deer, farmed buffalo, and wool bearing animals
such as alpacas and llamas.
PORTABLE STORAGE UNIT
A container not more than eight feet wide, 16 feet long and eight feet high, also
sometimes known as a "POD," which is designed for the storage of personal
property and which is typically rented to the owner and/or occupant of the
rd
premises for their temporary use and which is typically delivered and removed by
truck.
8. Section 240-12 shall be revised to read as follows:
§ 240-12. Existing Town law violations.
Where an applicant, person, business firm or corporate entity has received written
notification that there is an existing violation of the Zoning Law or other Town
laws concerning the premises, no permit of any type shall be issued, processed or
approved by the Town for said applicant until such violation is cleared and
removed to the satisfaction of the appropriate Town agency or resolved by due
legal process, except where said permit will correct the existing violation.
9. Section 240-30 shall be revised to read as follows:
§ 240-30. Accessory buildings.
A. If any accessory building is attached to a main building, including
attachment by means of a breezeway or a roofed passageway, it shall
comply, in all respects, to the requirements of this chapter applicable to the
main building. All other accessory buildings shall comply to the
requirements for such buildings in the Schedule of Regulations.
B. There shall be a maximum of two accessory buildings on a residentially
used or residentially zoned lot, and no such accessory building shall have a
footprint greater than 600 square feet nor a height in excess of 20 feet.
10. The following use under the heading "Farm- and Animal -Related" in the
Schedule of Use Regulations — Residential Districts in Attachment 1:2 to
Chapter 240 shall be revised to read as follows:
Except with respect to agricultural operations as defined by the New York State
Agriculture and Markets Law, the keeping of horses and/or farm animals, properly
restrained, for the use of residents and their guests, provided that not less than 2
acres of land is available for the first farm animal and an additional 2 acres is
available for each additional large farm animal, except that the offspring of an
animal may be kept with its mother for a period not to exceed 1 year; all animal
feed is stored in rodent proof containers; and no storage of manure shall be within
150 feet of a street, property line, watercourse or wetlands area
11. The following new use shall be added under the heading "Storage" in the
Schedule of Use Regulations — Residential Districts in Attachment 1:3 to
5
Chapter 240. This new use shall be a Permitted Accessory (PA) Use in all of
the residential zoning districts and shall read as follows:
Outdoor storage of one portable storage unit for a period not exceeding nine
months during any 12 -month period if the property owner possesses a valid
building permit, or not exceeding three months during any 12 -month period
otherwise. Such storage unit shall only be located on a driveway or in a parking
area, and not on lawns or other vegetated areas.
12. Footnote 3 on Attachment 3:1 to Chapter 240 shall be revised to read as
follows:
3 Notwithstanding the minimum side and rear yard setbacks set forth in this
schedule, the minimum side and rear yard setbacks shall be six feet for all
accessory buildings as defined in this chapter less than 100 square feet in area.
There shall not be more than two accessory buildings on a lot, and no accessory
building shall have a footprint greater that 600 square feet nor a height in excess of
20 feet. The minimum side and rear yard setbacks for any shed with electric service
shall be 10 feet. See Section 240-16.1, Shed amnesty, for sheds constructed prior to
January 1, 1997 and registered prior to December 31, 2003.
13. Section 240-86P shall be relettered to 240-86Q.
14. A new Section 240-86P shall be added and shall read as follows:
P. Underground utilities. In order to assure greater safety and improved
appearance, all utility lines and related equipment for providing power and
communication services shall be installed underground in the manner
prescribed by the regulations of the utility company having jurisdiction.
Underground utility lines shall be located outside of the traveled way of the
streets but, except in unusual circumstances, within the street right-of-way.
15. A new Section 240-96G shall be added and shall read as follows:
G. Commercial vehicles. Not more than one commercially registered vehicle
and one trailer may be parked or stored outdoors on any residentially used
or residentially zoned lot at any time.
Section 4. Ratification, Readoption and Confirmation
Except as specifically modified by the amendments contained herein, the Code of the
Town of Wappinger as adopted and amended from time to time thereafter is otherwise to
remain in full force and effect and is otherwise ratified, readopted and confirmed.
Con
Section 5: Inclusion in Code
It is the intention of the Wappinger Town Board 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 subsections of this local law may be renumbered or relettered to
accomplish such intention; and that the word "local law" shall be changed to "chapter,"
"section" or other appropriate word, as required for codification.
Section 6: Renumbering
The location and numerical designation of this local law and the sections included herein
shall be delegated to the discretion of the codifier, General Code, which may renumber
this local law and sections as are necessary to accommodate these amendments.
Section 7: Codification
This local law shall be incorporated into the Code of the Town of Wappinger and shall be
assigned a chapter number and appropriate section numbers by the codifier, General
Code, in accordance with the numbering system of the Code.
Section 8: Codifier's Chanees
This local law shall be included in the Code of the Town of Wappinger. The codifier
shall make no substantive changes to this local law, but may renumber, rearrange and edit
it without first submitting it to the Wappinger Town Board. Any such rearranging,
renumbering and editing shall not affect the validity of this local law or the provisions of
the Code affected thereby.
Section 9: 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 10: Effective Date
7
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\Wappingcr\Code Amendmts\misc code amends 12-7-11 clean.dhs.doc
(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. 3 of 20 12 of
the JG0(* ))(Town)6)WAe) of Wappinger was duly passed by the
Town Board on January 23, 20 12 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
on
(Name of Legislative Body)
(repassed after disapproval) by the
(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
(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.
Such local
* 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 of the county legislative body, City, Town or Village Clerk or
officer designated by local legislative body
(,SeaQ Date:
(Certification- to be azecuted 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
N&X*
31j%f
Town
"Do
Wappinger
Date: 10� �" l
DOS -239 (Rev. 05/05) Page 3 of 3