LL# 15-2007Local 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.
15
of the year 20 07
A local law for Amendments to Mandatory Private Well Testing in the Town of Wappinger
(Insert Title)
Be it enacted by the Town Board of the
ame of Legisative ody
❑ 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) Page 1 of 3
LOCAL LAW NO.15 OF THE YEAR 2007
A Local Law entitled "Local Law No. 15 of the Year 2007, entitled "Amendments
to Mandatory Private Well Testing in the Town of Wappinger."
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.
15 of the Year 2007, entitled "Amendments to Mandatory Private Well Testing in the
Town of Wappinger." The adoption hereof shall modify certain provision of Article XII
in Chapter 234 in the Town of Wappinger Code.
Section -II: Legislative Intent.
The Town Board of the Town of Wappinger enacts this Local Law to amend the
Mandatory Private Well Testing provisions of the Town Code to cover Residential Rental
Property, defined as one and two family residential properties not occupied by the owner;
and to require landlords to provide tenants with copies of water test results before
entering into leases; for the protection of and for the health, safety and welfare of the
residents of the Town of Wappinger.
Section -III: Chapter 234: Article XII - Mandatory Private Well Testing.
The Town hereby repeals the existing Article XII of Chapter 234, as created by
Local Law 8 of 2007 and adopts a new Article XII in Chapter 234 to the Code of the
Town of Wappinger to read as follows:
"CHAPTER 234 — Article XII
MANDATORY PRIVATE WELL TESTING
§ 234-64. Title.
This Article shall be known as "Mandatory Private Well Testing".
§ 234-65. Legislative Background and Statement of Purpose.
1. This Article is enacted pursuant to the powers vested in the Town of Wappinger
by Municipal Home Rule Law §10, Town Law §130(5) and Public Health Law
§§302, 308 and 347(1)(c).
2. The Town Board of the Town of Wappinger enacts this Local Law for purposes
of requiring mandatory private well testing for all properties in the Town of
Wappinger that rely on a private water supply which is utilized for purposes of
human consumption. It is also the purpose of this law to establish minimum
water quality standards for private water sources servicing residential and non-
residential properties, and to mandate water testing standards to assure purchasers
and tenants of residential and non residential properties serviced by private wells
that the water supplied to these properties will be potable and free from harmful
contaminants. These water quality standards will also apply to multi -family
residential properties and commercial properties not otherwise subject to
regulation and testing pursuant to Part 5 of the New York State Sanitary Code.
The water test results shall be filed with the Town of Wappinger Building
Department and the Dutchess County Health Department and will also serve as a
data base for identifying potential problem areas of contamination within the
Town.
§ 234-66. Definitions.
The following words and terms when used in this Article shall have the following
meanings unless the context clearly indicates otherwise:
1. General Definitions:
A. Community Water System -- A public water system which serves at least
five (5) service connections used by year round residents or regularly
serves at least twenty (25) year round residents, as defined in §5-1.1 of the
New York State Sanitary Code.
B. Multi -Family Residential Rental Property -- Residential property containing
three (3) or more rental units.
C. Non -Community Water System -- A public water system that is not a
community water system, as defined in §5-1.1 of the New York State
Sanitary Code.
D. Non -Residential Property -- Any structure which is wholly or partially
used or intended to be used and occupied for commercial purposes,
including, but not limited to, office buildings, stores, markets, shops and
malls engaged in retail sales, marinas, restaurants, clubs, gas stations, or
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car dealerships, etc. which establishments have a water system intended
for human consumption.
E. Non -Transient Non -Community Water System -- A public water system
that is not a community water system but is a subset of a non -community
water system that regularly serves at least twenty-five (25) of the same
people, four (4) hours or more per day, for four (4) or more days per week,
for twenty-six (26) or more weeks per year, as defined in §5-1.1 of the
New York State Sanitary Code.
F. Party -- Shall mean either the Seller or Purchaser of real property
according to a contract of sale. Party shall include both male and female
and be considered single or plural depending on its context. Party shall
also include legal entities and organizations.
G. Potable Water -- Water suitable for drinking and fit for human
consumption in accordance with standards established by the Dutchess
County Department of Health and the New York State Department of
Health.
H. Private Water Supply -- Any water supply utilized for the purposes of
human consumption not identified as a public water supply by Article 5 of
this Code or by Part 5 of the New York State Sanitary Code.
I. Public Water System -- A community or non -community or non -transient
non -community water system which provides water to the public for
human consumption through pipes or other constructed conveyances if
such system has at least five (5) service connections or regularly serves an
average of least twenty-five (25) individuals daily at least sixty (60) days
out of the year. Such term includes:
(i) collection, treatment, storage and distribution facilities under control
of the supplier of water of such system and used with such system; and
(ii) collection or pre-treatment storage facilities not under such control
which are used with such system.
J. Purchaser -- Purchaser and Buyer shall have the same meaning and shall
mean a Purchaser or Buyer of real estate pursuant to a written contract.
K. Residential Property -- Any owner occupied one or two family dwelling
unit(s).
L. Residential Rental Property -- Any residential structure or dwelling
consisting of two or less dwelling units, which is not occupied by the
owner(s) as a principal residence, for which rent or consideration is
periodically paid to the owner for the use or occupation of all or part
thereof.
M. Tenant -- Any person or entity who leases property for either residential or
commercial purposes.
N. Wappinger Well Testing Protocol -- Standards, procedures, test
parameters and maximum contaminant levels for all well water used for
human consumption in the Town of Wappinger.
O. Well -- Privately owned well used to supply potable drinking water to
residential premises or non-residential establishments; it does not include
wells that supply water pursuant to §5-1.1 of New York State Sanitary
Code as a Community Water System or a Non -Community Water System.
P. This Law hereby adopts the definitions contained in the New York State
Sanitary Code Part 5 and contained in the Town of Wappinger Code as the
same may be amended hereafter from time to time.
§ 234-67. Well Testing.
1. Residential Properties
A. Well Testing in accordance with the terms of this article is hereby required
for all Residential Properties that are provided with water from a private
water supply, not otherwise exempted under this Local Law. Such well
testing must occur prior to a sale or exchange of the property after the
effective date of this local law. The Purchaser shall be responsible for the
cost of such testing.
B. The certified test results shall be filed with the Town of Wappinger
Building Department and a copy shall be sent to the parties and an
additional copy shall be forwarded to the Dutchess County Health
Department. Certified test results for the property shall be valid for
thirty-six (36) months and may be used for subsequent sale/purchases or
exchanges within said thirty-six (36) month period.
2. Residential Rental Properties, Multi -Family Residential Rental Properties and
Non -Residential Properties:
A. Well Testing in accordance with the terms of this article is hereby required
for all Residential Rental Properties, Multi -Family Residential Rental
Property and Non -Residential Properties that are provided with water from
a private water supply, not otherwise exempted under this Local Law. The
landlord or owner shall be required to test their private wells and file the
certified test results with the Town of Wappinger Building Department
within twelve (12) months of the effective date of this Local Law, or prior
to any sale or exchange of the property after the effective date of this local
law, if not previously filed.
El
B. The owner or landlord shall be required to forward a copy of the certified
test results to the Dutchess County Health Department and to the
Purchaser, Tenants or occupants of the property, if any. Together with the
certified results filed with the Town of Wappinger Building Department,
the owner or landlord shall file a list of all then existing Purchasers,
Tenants, other occupants, if any, of the subject property and proof that
each such person or entity was provided with a copy of the certified test
results.
C. Certified test results filed with the Building Department shall be valid for
a period of three (3) years from the date of filing. At the end of the three
(3) year period, a new well test shall be required.
D. Prior to entering into any lease for Residential Rental Properties, Multi -
Family Residential Rental Properties or Non -Residential Properties, a
landlord shall provide the tenant with a copy of the current certified test
results on file with the Town of Wappinger Building Department.;
landlord's failure to do so shall not be grounds to void the lease but shall
subject the landlord to any and all penalties imposed pursuant to this
Article.
§ 234-68. Required Tests.
1. Each water sample shall be analyzed in accordance with the Wappinger Well
Testing Protocol (the Protocol) made a part of this Local Law, copies of which
shall be kept on file with the Town Clerk. The Town Board reserves the right to
amend the Wappinger Well Testing Protocol by Resolution.
2. Analytic testing and collection with proper chain of custody shall be performed by
a New York State certified laboratory and shall conform to the rules and
regulations of the New York State Department of Health.
3. The required test parameters will have the same maximum contaminant levels as
set forth in Part 5 of the New York State Sanitary Code for public water supplies.
4. Copies of the test results shall be sent to the parties, tenants or occupants and shall
be filed with the Town of Wappinger Building Department and a copy forwarded
to the Dutchess County Department of Health. Tests results shall also be available
for public inspection and reproduction in the same manner as other public
documents.
5. In the event any remediation is undertaken and a new well test is completed, the
results thereof shall be filed with the Town of Wappinger Building Department.
§ 234-69. Exemption.
1. Any property which is serviced by a community and/or non -community water
system as defined herein and in §5-1.1 of the New York State Sanitary Code
Wi
which is already regulated and subject to testing shall be exempt from the
requirements of this Article.
2. Except as required above, property owners shall not be required to undertake well
testing in connection with a mortgage refinancing involving no sale or exchange
of the property.
3. A Residential Rental Property that is leased pursuant to a written or oral lease
with a term of less than one year and any unit in the property has been occupied
by the owner as a principal residence within the past year, is exempt from
periodic well testing and notification of tenants. All Residential Rental Properties
serviced by water from a private water supply shall be required to file certified
test results before the property may be sold or exchanged, notwithstanding the
foregoing exemption.
§ 234-70. Enforcement.
1. The Town of Wappinger Director of Code Enforcement, Code Enforcement
Officers, Zoning Administrator, Deputy Zoning Administrator and the Fire
Inspector shall enforce the provisions of this Article.
2. The Town of Wappinger Building Department shall be prohibited from releasing
the results of any Building Department or Certificate of Occupancy search, or
report, or violation letter to Purchaser, Seller, title company or their agents, until
the required certified test results have been filed with the Town Building
Department.
3. Any property required by this Article to have well test results on file with the
Town Building Department shall be ineligible for a Building Permit, Certificate of
Occupancy/Certificate of Compliance, Site Plan review, subdivision review
and/or ZBA variance review or interpretation until the required certified test
results have been filed in accordance with the provisions of this Article.
§ 234-71. Penalties.
1. For each violation of a provision of this Article any person violating the same
shall be guilty of a violation and shall be subject to a fine in the amount set forth
in Chapter 122, Article V, § 122-20 FF (3) of the Code.
2. In addition to the penalties prescribed for commission of a violation(s), any
person or entity which violates, or causes a violation of any provisions of this
Article, or disobeys a notice to cease violations of this Article, shall be subject to
a civil penalty enforceable and collectible by the Town in the amount set forth in
Chapter 122, Article V, §122-20 FF (4) of the Code for each day or portion of a
day each such violation continues.
3. In addition to the above penalties, the Town Board may also maintain an action or
proceeding in the name of the Town in a court of competent jurisdiction to
n
compel compliance with or to restrain by injunction the violation of this Article,
and to recover the appropriate fines and penalties together with administrative
fees and costs including attorney's fees and disbursements."
Section -IV: Amending "Chapter 122, FEES AND FINES."
§ 122-20 FF "Chapter 234, Water" is hereby to read as follows:
443. § 234-71(1):
$250.00 fine
4. § 234-71(2):
$250.00 civil penalty"
Section -V: 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 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 -VI: 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
7
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 -VII: Effective Date.
This Local Law shall become effective October 1 S`, 2007 or upon filing with the
Secretary of State as provided by law, whichever is later.
E'?
(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
the (¢x((Town)(\MjM) of WAPPINGER
Town Board on October 9th
(Name of Legislative Body)
provisions of law.
15
of 20 07 of
was duly passed by the
20 07 in accordance with the applicable
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
(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 law, and was finally adopted in the manner indicated in
paragraph 1 ,above. Q0, C r
Clerk oe county le islative body, City, Town or Village Clerk or
officer signated by local legislative body
(Seal) Date: I I I 11 01
(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 local law annexed hereto. �.
Signature
Albert P. Roberts - Town Attorney
Title
IKKaxy
ftof Wappinger
Town
MIK
Date:
DOS -239 (Rev. 05/05) Page 3 of 3