LL# 13-2007Local 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.
County
City of WAPPINGER
Town
Village
Local Law No.
13
of the year 20 07
A local law for Non -Substantive Technical Amendments to the Town of Wappinger Code Regarding
(Insert Tdle)
Coordinated Assessment, Blasting, Sidewalk Maintenance and Site Plan Recreation Fees.
Be it enacted by the Town Board of the
(Name of LegistafiveBody)
❑ County
❑ City of WAPPINGER
A Town
❑ Village
SEE LOCAL LAW ATTACHED
as follows:
(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.13 OF THE YEAR 2007
A Local Law entitled "Local Law No. 13 of the Year 2007, Non -Substantive Technical
Amendments to the Town of Wappinger Code Regarding Coordinated Assessment, Blasting,
Sidewalk Maintenance and Site Plan Recreation 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. 13 of the Year
2007, Non -Substantive Amendments to the Town of Wappinger Code Regarding Coordinated
Assessment, Blasting, Sidewalk Maintenance and Site Plan Recreation Fees" which shall amend
various provisions of the Town of Wappinger Code to correct minor technical errors as set forth
below.
Section -II: Legislative Intent:
During the codification process of recently enacted Local Laws several minor errors have been
identified pertaining to Coordinated Assessment, now found at Chapter 150; Chapter 80 Blasting;
Chapter 214, Article VII Sidewalk Maintenance; and Site Plan Recreation Fees. This Local Law is
intended to correct those errors.
Section -III: Renumbering Chapter 150 to "Chapter 4 Assessment"
Chapter 150 of the Town Code created by Local Law No. 8 of the Year 2006 entitled "Creating
Chapter 150 of the Town Code Establishing a Coordinated Assessment Program Between the Town
of Wappinger and the Town of Fishkill" and further amended by Local Law 9 of 2006 is hereby
renumbered to Chapter 4 and entitled "ASSESSMENT" and shall be codified in Part I -
Administrative Legislation of the Town Code.
The numbering of the articles, sections and subsections of said Chapter shall remain the same and
the text of such sections shall remain unchanged.
Section -IV: Technical Amendments to Chapter 80 regarding Blasting
Subsection § 80-8(B)(11) as created by Local Law No. 11 of the Year 2006 is amended to read as
follows:
"11) The form of the application is available in the Town Clerk's Office and
may be amended from time to time."
Subsection § 80-11(R) as created by Local Law No. 11 of the Year 2006 is amended to read as
follows:
"R. A seismograph shall be placed near the closest residence or structure in the
blast area regardless of whether or not a pre -blast inspection is required. A
printout report taken during all blasting operations must be filed with the
Code Enforcement Officer."
Section -V: Technical Amendments to Chapter 214, Article VII regarding Sidewalk
Maintenance
§ 214-85 (C) of the Town of Wappinger Code created by Local Law 1 of 2007 shall be
amended to read as follows:
"C. Any persons who shall violate any of the provisions of this Article or any
rule or regulation made pursuant thereto or fails to comply with the
provisions of this Article, shall be guilty of a violation and shall be punished
by a fine in the amount set forth in Chapter 122-20 of the Code and/or
imprisonment not to exceed ten (10) days. For the first day after a non-
compliance with this provision, the fine shall not exceed $100.00; if the
non-compliance continues for a second day, the fine shall not exceed
$200.00, and if the non-compliance continues for a third day, the fine is
$250.00 for each day thereafter that this Article is violated. To promote
compliance with the provisions of the Article, each day that a violation
continues following notification shall be deemed a separate offense. The
imposition of any fines shall not exempt the offender from further
compliance with the provisions of this Article."
Section -VI: Technical Amendments to Chapter 122, regarding Fees for Sidewalk
Maintenance
§ 122-16 K(3) dealing with a fee for sidewalk maintenance, created by Section II of Local Law 1 of
2007, is hereby repealed.
Section -VII: Technical Amendments to Chapter 122, regarding Fines for Sidewalk
Maintenance
§ 122-20 (CC) of the Town of Wappinger Code is hereby amended by adding a new sub -section (5)
thereto as follows:
"(5) §214-85 (C) Fine Sidewalk Maintenance — removal of snow, ice and debris:
(a) $100.00 for the first day of non-compliance;
(b) plus $200.00 for second day of non-compliance;
(c) plus $250.00 for the third day of non-compliance and each day thereafter."
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Section -VIII: Technical Amendments regarding Recreation Fees in Chapter 240 Zoning
§ 240-86 (0)(2) of the Town of Wappinger Code, created by Local Law 6 of 2006 is hereby
amended to read as follows:
11(2) Land for park, playground or other recreational purposes may not be
required until the Planning Board has made a finding that a proper case
exists for requiring that a park or parks be suitably located for playgrounds
or other recreational purposes within the Town. Such findings shall include
an evaluation of the present and anticipated future needs for park and
recreational facilities in the Town based on projected population growth to
which the particular site plan will contribute."
Section -IX: 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 -X: 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.
13
of 20 07 of
the (County)(City)(Town)(Village) of WAPPINGER was duly passed by the
Town Board on September 24, 20 07 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 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
(Name of Legislative Body)
(repassed after disapproval) by the
was duly passed by the
on 20 and was (approved)(not approved)
(Elective Chief Executive Officer*)
on 20 . Such local
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 and was finally adopted in the manner indicated in
paragraph 1 , above.
Clerk offthe county ' a ive body, City, Town or Village Clerk or
officer a ignated by local legislative body
(Seal) Date: 16101 10.7
(Certification to be execute'd 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
County
Cityof Wappinger
Town
Village
Date: 10/9/07
DOS -239 (Rev. 05/05) Page 3 of 3