LL# 07-2012NEW 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
O Town
❑ Village
Local Law No.
7
of the year 20 12
A local law entitled "Local Law No 7 of the Year 2012, Amending Chapter 236-6B.
(Insert Td/e)
of the Town of Wappinger Code",
Be it enacted by the Town Board of the
(Name ofLegislativeBody)
❑ County
❑ City of
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. 05105) Page 1 of 3
LOCAL LAW NO.
A Local Law entitled "Local Law No.
6.B. of the Town of Wappinger Code."
OF THE YEAR 2012
of the Year 2012, Amending Chapter 236 -
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.
of the Year 2012, Amending Chapter 236-6.B. of the Town of Wappinger Code."
Section H: Legislative Intent:
By the adoption of Local Law No. 1 of the Year 2011, the Town Board established
capital buy -in fees for new parcels being added to the jurisdictional boundaries of Water and
Sewer Districts. Due to an inadvertence, typographical errors occurred resulting in erroneous
capital buy -in fees for Water and Sewer Districts being reversed. The Town Board seeks to
correct these errors by the adoption of this Local Law.
Section III: Amendments to the Code:
The following sections of Chapter 236-6.B. of the Town of Wappinger Code are hereby
amended to read as follows:
"§ 236-6.B.(1)(b)[1]
[1] 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, resulting in a capital buy -in fee of $4,800.00.
§ 236-6.B.(2)(b)[1]
[ 1 ] 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, resulting in a capital buy -in fee of $3,200.00."
Section IV: Reconfirmation and Ratification:
Except as herein modified, the remaining sections of Chapter 236-6 entitled "Buy -in Fees
to Sewer and Water Districts" are hereby reconfirmed and ratified.
Section V: 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 VI: 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 VII: Effective Date:
This Local Law shall become effective immediately upon filing with the Se
State as provided by law 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.)
1 hereby certify that the local law annexed hereto, designated as local law No. of 20 12 of
the JG00kYy)(&M(Town)(WiX.W of Wappinger was duly passed by the
Town Board on April 9, 20 1� y 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
(Name of Legislative Body)
(repassed after disapproval) by the
on 20 y and was (approved)(not approved)
(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 (approvedK not approved)
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
(Name of Legislative Body)
was duly passed by the
on 20 and was (approved)(not approved)
(repassed after disapproval) by the on �0
(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
corre_sttra-Xs`cript therefrom and of the whole of such original local law, and was finally a din the manner indicated in
paragraph 1 above.
_ C e of the county legisTa ive body, City, Town or Village Clerk or
officer designated by local legislative body
Date:
(Cert(ficatlor -td; b 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
Wappinger
Date: `
DOS -239 (Rev. 05/05) Page 3 of 3