LL# 06-2007NEW 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.
0
of the year 20 07
A local law AMENDING SECTION 240-21 E. "SWIMMING POOLS" OF THE WAPPINGER CODE
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑ County
❑ City of WAPPINGER as follows:
0 Town
❑ Village
SEE LOCAL LAW ATTACHED
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 05/05) Pagel of 3
LOCAL LAW NO. 6 OF THE YEAR 2007
A Local Law entitled "Local Law No. 6 of the Year 2007, Amending Section 240-21 E.
"Swimming Pools" of the Wappinger Code."
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. 6 of
the Year 2007, Amending Section 240-21 E. "Swimming Pools" of the Wappinger Code."
Section H: Legislative Intent:
The Town Board has determined that the Town Zoning Code, Section 240-21 E. (1) has
specifications for a swimming pool fence which are inconsistent with the provisions of a
swimming pool fence as contained in the New York State Uniform Code. The purpose of this
Local Law is to eliminate any inconsistency between the Town Zoning Code and the New York
State Uniform Code, and by adoption of this Local Law it is the Town Board's intention that the
specifications for a swimming pool fence shall be those as identified and specified in the New
York State Uniform Code.
Section III: Amendments to Section 240-21. Yards and Setbacks:
§240-21. Yards and Setbacks. Section 240-21 "Yards and Setbacks", Subdivision
E. is hereby amended to read as follows:
"E. Swimming Pools. A swimming pool, including accessory equipment,
shall be considered a structure and shall have the same set back
requirements from lot lines as required for accessory buildings in the
subject zoning district. A swimming pool, including accessory equipment,
must be surrounded by a fence or constructed in accordance with the New
York State Uniform Code. Associated electrical facilities for pool filters,
and electrical outlets must comply with the New York State Uniform
Code."
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.
(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.
f C WAPPINGER
of 20 07 — of
e ( ounty)(City)(Town)(Village) of was duly passed by the
(Name of Legislative Body) ---- in accordance with the applicable
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 , 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
and was deemed duly adopted
of 20 of
was duly passed by the
on 20 —and was (approved)( not approved)
(Elective Chief Executive Officer*)
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
(Name of Legislative Body) on 20 _, and was (approved)(not approved)
(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 la d was finally adopted in the manner indicated in
paragraph 1 ,above. Qrk 0� hj-'A��
Clerk of th ounty egisl tive body, City, Town or Village Clerk or
officer des' nated by local legislative body
(Seal) Date: /, I I b ?
(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 a and that all proper proceedings have been
had or taken for the enactment of the local law annexed hereto.
Signature
Town Attorney
Title
County
cityOfWappinger
Town
Village
Date:
Dos -239 (Rev. 05/05) Page 3 of 3