2012-3232012-323
Resolution Introducing Local Law _ 2013 Which Would Amend Chapter 122, Fee and
Fines, and Chapter 240, Zoning, of the Town Code
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on December
10, 2012.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
- Barbara Gutzler
- William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilwoman Czarniecki.
WHEREAS, the Town Board is considering the adoption of Local Law _ of 2013
which would amend Chapter 122, Fees and Fines, and Chapter 240, Zoning, of the Town
Code; and
WHEREAS, the Town Board has determined that the Proposed Action is a Type I
action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR
(commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the
Town's Environmental Quality Review Law which establishes locally designated Type I
actions); and
WHEREAS, the Town Board has determined that the proposed Local Law is an
action for which there are no other Involved Agencies and that the Town Board is therefore,
by default, the Lead Agency for this action.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board hereby adopts and incorporates the recitations and
statements set forth above as if fully set forth and resolved herein.
2. The Town Board of the Town of Wappinger hereby introduces for
consideration of its adoption proposed Local Law _ of 2013 in the form
annexed hereto; except as specifically modified by the amendments contained
therein, the Town Code as originally adopted and amended from time to time
thereafter is to remain in full force and effect and is otherwise ratified,
readopted and confirmed.
3. The Town Board hereby schedules a public hearing regarding the adoption of
the annexed proposed Local Law _ of 2013 for 7:30 PM on the 28th day of
January 2013 and the Town Clerk is hereby directed to publish notice thereof
in the Town's official newspapers not less than ten (10) days prior to said
public hearing date.
4. The Town Board hereby directs the Town Clerk to act as follows with respect
to the proposed Local Law:
a. To serve a copy of this resolution, the annexed proposed Local Law,
and the public hearing notice to the municipal clerk of each abutting
municipality not less than ten (10) days prior to said public hearing;
b. To serve a copy of this resolution, the annexed proposed Local Law,
and the public hearing notice to the Dutchess County Department of
Planning and Development for advisory review in accordance with
Section 239 of the General Municipal Law; and
c. To distribute a copy of this resolution, the annexed proposed Local
Law, and the public hearing notice to the Town of Wappinger
Planning Board for its review and recommendation pursuant to Section
240-112 of the Zoning Law prior to said public hearing.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
12/10/2012
The Resolution is hereby duly declared adopted.
CHRISTINE FULTON, TOWN CLERK
LOCAL LAW # OF THE YEAR 2013
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 2013, for the purpose of
amending Chapter 122, Fees and Fines, and Chapter 240, Zoning, of the Town Code."
Section 2: Legislative Intent
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. The Town Board believes that it is
reasonable and appropriate to update and amend Chapter 122, Fees and Fines, and
Chapter 240, Zoning, of the Town Code.
Section 3: Code Amendments -Chapter 122, Fees and Fines
1. Section 122-16.N(7)(b) shall be amended to read as follows:
(b) For site plan application, special use permit application, and rezoning
application review, the applicant shall deposit and maintain a sum
calculated as follows:
Square Footage
0 to 3,000
3,001 to 20,000
20,001 to 50,000
Greater than 50;000
Amount
$3,750
$7,500
$22,500
$52,500
2. Section 122-16N(1) shall be renumbered to 122-16N(1.1).
3. Anew Section 122-16N(1) shall be added and shall read as follows:
(1) § 240-35B(1)(e), architectural approval fees:
(a) application fee: $250.
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(b) escrow funds: the applicant shall deposit and maintain the sum of
$1,500.
4. Section 122-16.N(3)(c) shall be revised to read as follows:
(c) Recreation fee: Editor's Note: See also ~ 240-860(5), Cash payment in lieu
of reservation. $5,000 per dwelling unit on the original site plan containing
residential units. (Note: Such fee shall be payable by the applicant only
upon: a) the granting by the Planning Board of site plan approval; and b) a
fmding by the Planning Board that: 1) the granting of the application will
create a need for additional park land in the Town; and 2) that a suitable
park or parks cannot be located on the site.)
5. Article III of Chapter 122 shall be revised to read as follows:
Article III. RECREATION FEE5
§ 122-11. Legislative intent.
The Zoning Law and the Subdivision Regulations of the Town of Wappinger
Editor's Note: See Chs. 240, Zoning, and 217, Subdivision of Land, respectively.
presently require payment of a recreation fee upon the approval of a site plan
containing residential units based on aper-dwelling unit amount and upon
approval of a subdivision based on a per-lot amount, respectively. The Town
Board determines that the amounts to be paid per dwelling unit or lot are in need
of being adjusted and by this article seeks to adjust the amount of the recreation
fee.
§ 122-12. Recreation fee established.
The Town Board of the Town of Wappinger, pursuant to §§274-a, 276 and 277 of
the Town Law of the State of New York, hereby establishes a fee to be known as
the "residential site plan and subdivision recreation fee," which fee is to be paid
per dwelling unit or lot whenever lands are approved by site plan or subdivided,
respectively, pursuant to the Zoning Law or Subdivision Regulations of the Town
of Wappinger. Said fees shall be paid prior to endorsement of the final site plan or
subdivision plat, as applicable, by the Chairman of the Planning Board.
§ 122-13. Residential site plan or subdivision recreation fee.
The residential site plan or subdivision recreation fee is hereby set at an amount
per dwelling unit or lot as set forth in Chapter 122, Article IV, §§ 122-16N(3)(c)
and 122-16L of the Code, pursuant to the Zoning Law and Subdivision
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Regulations of the Town of Wappinger and Town Law of the State of New York
§ § 274-a, 276 and 277. The fees per site plan or subdivision shall be calculated by
the Zoning Administrator.
6. New Sections 122-16.N(6)(e)[8] and [9] shall be added and shall read as
follows:
[8] Outdoor seating fee per year: $150 for the first six seats or portion thereof,
plus $25 for each additional seat.
[9] Portable storage unit: $100.
Section 4: Code Amendments -Chapter 240, Zoning
1. The following new definition shall be added to Section 240-5 in its proper
alphabetical order:
ALL-TERRAIN VEHICLE (ATV)
Any self-propelled vehicle which is manufactured for sale for operation primarily
on off-highway trails or off-highway competitions and only incidentally operated
on public highways ,and as further defined by §2281 of the New York State
Vehicle and Traffic Law, or any successor statute. All-terrain vehicles shall
include, but not be limited to, off-road motorcycles, minibikes, go-carts and
snowmobiles, but shall exclude golf carts.
2. The following definition in Section 240-5 shall be amended to read as follows:
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,
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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,
outdoor tables and seating for patrons, 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.
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3. Section 240-16.E shall be deleted.
4. Sections 240-16.F through H shall be relettered E through G, respectively.
5. Section 240-18.E shall be amended to read as follows:
E. Lots bordering major streams. All lots bordering major streams shall be
subject to the requirements for flood-prone areas as required in § 240-33 of
this chapter. No building permit shall be issued for the construction of any
permitted principal or accessory use in any district within 100 feet of
normal water edge of the main branches of Wappingers Creek and Sprout
Creek.
6. Section 240-35 shall be amended to read as follows:
§ 240-35. Architectural and historical district powers.
A. Findings and purpose.
(1) The Town Board finds that the economy and quality of life of the
Town of Wappinger are affected by its visual environment. T'he
general welfare of residents and of property owners, as well as
property values and the tax base, are enhanced by natural and man-
made features and structures of visual and historical value.
Excessive uniformity, dissimilarity, inappropriateness or poor
quality of design in the exterior appearance of buildings erected in
any neighborhood adversely affects the desirability of the immediate
area and neighboring areas for residential and business purposes or
other use and by so doing impairs the benefits of occupancy of
existing property in such areas, impairs the stability and value of
both improved and unimproved real property in such areas, prevents
the most appropriate development of such areas, produces
degeneration of property in such areas with attendant deterioration of
conditions affecting the health, safety, comfort and general welfare
of the inhabitants thereof and destroys a proper relationship between
the taxable value of real property in such areas and the cost of
municipal services provided therefor. It is the purpose of this
chapter to prevent these and other harmful effects of such exterior
appearances of buildings erected in any neighborhood and thus to
promote and protect the health, safety, comfort and general welfare
of the community, to promote the public convenience and prosperity,
to conserve the value of buildings and natural and man-made
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features and to encourage the most appropriate use and development
of land within the Town.
(2) Accordingly, the Town Board of the Town of Wappinger hereby
finds that it is in the best interests of the citizens of the Town of
Wappinger and protective of their health, safety, economic and
general welfare to authorize the Planning Board to have architectural
and historic .district powers, as hereinafter set forth, in order to
accomplish these purposes and to ensure proper protection and
development of the visual environment of the Town of Wappinger.
B. Functions of the Planning Board.
(1) Architectural approval authority. The Planning Board shall have the
authority to approve, approve with modifications or conditions, or
disapprove architectural plans on the following matters:
(a) National register, state register and locally designated
properties and districts. Plans for construction, alteration,
addition or restoration of buildings located in federal, state or
locally designated historic districts or located on the same
property as individual structures listed on the National
Register of Historic Places or determined to be eligible for
listing on the National Register of Historic Places by the State
Office of Parks, Recreation and Historic Preservation or
locally designated by the Town of Wappinger as significant
historic structures.
(b) Site development plans. Site development plans before the
Planning Board for review, including but not limited to
industrial, commercial, office, two-family, multifamily and
mobile home park development, and open space
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development.
(c) Special permit uses. Applications for special permit uses in
all districts.
(d) Signs. Plans for the construction or erection of signs.
(e) Modification. Plans for the architectural modification of
industrial, commercial, office, two-family, multifamily or
mobile home park development, including newly installed
rooftop equipment.
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(2) Reports. The Planning Board may, on its own initiative, issue reports
recommending programs or legislation in the interest of preserving
or improving the visual environment.
C. Procedures. Whenever architectural or historic district powers are invoked
pursuant to this section, the Planning Board may request such additional
information from the applicant as is necessary to enable the Planning Board
to review the proposed project. Essential plans and information shall
include, but not be limited to:
(1) Applications.
(a) Planning Board file.
(b) Building Department file. Building Department files on the
subject property and adjacent properties.
(c) Plans and elevations. Scale plans and elevations showing the
nature of construction and the materials to be incorporated in
the exterior of the project.
(d) Site plans. A site plan, at an appropriate scale, showing
information required by Article IX of this chapter.
(e) Renderings. Three-dimensional sketches or renderings
illustrating significant aspects of construction and exterior
design, when deemed necessary and requested by the
Planning Board and at a scale deemed appropriate by the
Planning Board.
(2) Preliminary design and meeting with applicant. Applicants shall be
encouraged to submit preliminary designs for Planning Board review
and comment prior to final design submission.
(3) Site visits. Insofar as is possible, whenever deemed necessary by the
Planning Board, members of the Planning Board shall visit the site
of proposed construction.
D. Standards for review. In conducting its review, the Planning Board shall
evaluate the proposed architectural and landscaping plans in accordance
with the following standards.
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(1) New structures should be constructed to a height visually compatible
with the buildings and environment with which they are visually
related.
(2) The gross volume of any new structure should be visually
compatible with the buildings and environment with which they are
visually related.
(3) In the elevation(s) of a building, the proportion between the width
and height in the facade(s) should be visually compatible with the
buildings and environment with which it is visually related.
(4) The proportions and relationships between doors aril windows in the
facade(s) should be visually compatible with the buildings and
environment with which it is visually related.
(5) The rhythm of solids to voids, created by openings in the facade,
should be visually compatible with the buildings and environment
with which it is visually related.
(6) The existing rhythm created by existing building masses and spaces
between them should be preserved, insofar as practicable.
(7) The materials used in the facade(s) should be visually compatible
with the buildings and environment with which it is visually related.
(8) The texture inherent in the facade(s) should be visually compatible
with the buildings and environment with which it is visually related.
(9) Colors and patterns used on the facade(s) should be visually
compatible with the buildings and environment with which it is
visually related.
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(10) The design of the roof should be visually compatible with the
buildings and environment with which it is visually related.
(11) The landscape plan should be sensitive to the individual building, its
occupants and their needs. Further, the landscape treatment should
be visually compatible with the buildings and environment with
which it is visually related.
(12) All facade(s) should blend with other buildings via directional
expression. When adjacent buildings have a dominant horizontal or
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vertical expression, this expression should be carried over and
reflected.
(13) Architectural details should be incorporated as necessary to relate
the new with the old and to preserve and enhance the inherent
characteristics of the area.
(14) The setback of the building(s) from the street or property line and the
other yard setbacks should be visually compatible with the buildings
and environment with which it is visually related.
(15) Signs should be of a size, scale, style, materials and illumination that
- is visually compatible with the building to which it relates and
should further be visually compatible with the buildings and
environment with which it is visually related.
E. Findings. The Planning Board may make the following findings:
(1) Approved. This finding shall be indicative that the plan will not be
detrimental to the visual .environment, meets the standards required
by the Town of Wappinger and is approved.
(2) Approved with modifications or conditions. This fmding shall be
indicative that the plan will meet the standards of the recommended
category with modifications or conditions. If the suggested
modifications are made, the plan shall be deemed approved.
(3) Disapproved. This fmding shall be indicative that the plan is found
to be detrimental to the visual environment and beneath the
standards of design required by the Town of Wappinger and cannot
be rendered acceptable by the imposition of conditions or
modifications, and is therefore disapproved.
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(4) The above mentioned findings may be made as part of a concurrent
resolution of the Planning Board, such as for example, site
development plan approval.
F. Substantial change of approved plans. Any substantial change in siting or in
the exterior appearance of any approved project may be subject to review
and reconsideration by the Planning Board at the discretion of the
appropriate referring agency or the Planning Board.
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7. Anew Section 240-36.1 shall be added and shall read as follows:
§ 240-36.1 Use of all-terrain vehicles (ATVs).
A. Except for the movement of off-road vehicles into and out of storage
locations, ATVs shall not be operated on any lot which is less than two
acres in size.
B. No all-terrain vehicle shall be operated within 400 feet of any residence,
except the residence of the owner or operator thereof, between the hours of
7:00 a.m. and 10:00 p.m. Further, no all-terrain vehicle shall be operated
within 800 feet of any residence, except the residence of the owner or
operator thereof, between the hours of 10:00 p.m. and 7:00 a.m.
C. No person shall operate or cause to be operated any all-terrain vehicle that
is not equipped with a properly functioning muffler system required by
§ 2406(1)(b) of the New York State Vehicle and Traffic Law.
8. Section 240-83 shall be amended to read as follows:
§ 240-83. Approval and conformity required.
A. Except as exempted by Subsection B of this section, no building permit
shall be issued, no grading, stripping, cutting, filling or other site
preparation or disturbance shall be permitted, and no structure or use shall'
be established except in conformity with an approved site development
plan, and no certificate of occupancy for such structure or use shall be
issued until all the requirements for such approval and any conditions
attached thereto have been met, except as may be otherwise specifically
provided for in the resolution of site plan approval. The continued validity
of any certificate of occupancy shall be subject to continued conformance
with such approved plans and conditions. Revisions of such plans and
changes of approved uses-shall be subject to the same approval procedure.
Any proposed construction of new structures or additions thereto or any
change or modification of use of property which adds to or modifies a
previously approved site development plan shall require further site plan
approval, termed "amended site plan approval by the Planning Board." The
Zoning Administrator shall enforce all requirements and conditions of the
approved site development plan.
B. The following uses, buildings and structures shall not be subject to site
development plan approval:
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(1) Issuance of a building permit and grading, stripping, cutting, filling
and other site preparation or disturbance in connection with one one-
family dwelling.
(2) Issuance of a building permit for any of the following items:
(a) outdoor tables and seating for patrons.
(b) a generator which is less than 25 kilowatts in size, which is
less than 15 feet from its associated building, and which is
screened to the satisfaction of the Zoning Administrator.
(c) 'newly installed or replacement HVAC equipment, except that
newly installed rooftop equipment shall be subject to §§ 240-
35E and 240-35B(1)(e) of this chapter.
(d) a shed on nonresidentially-zoned or -used property, which
shed is less than 100 square feet in size, is less than 10 feet in
height, and which is located in a side or rear yard.
(e) a refuse enclosure which is located in a side or rear yard.
(f) security devices and equipment.
(g) propane tank cages.
(h) a modification to the architecture of industrial, commercial,
office, two-family, multifamily or mobile home park
development which has been approved by the Planning Board
in accordance with § § 240-3 SE and 240-3 SB(1)(e) of this
chapter.
9, Anew Section 240-86.Q shall be added and shall read as follows
Q. Outdoor tables and seating for patrons.
(1) It is the intent of these regulations to allow an establishment that
serves food and beverages to provide outdoor tables and seating for
patron use on the same lot as such establishment.
(2) The following types of outdoor dining are subject to building permit;
all others types are subject to site plan approval by the Planning
Board:
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(a) tables and seating on sidewalk, grass or other area of natural
material(s); and/or
(b) tables and seating for 12 or fewer patrons.
Notwithstanding the above, the Zoning Administrator may refer any
application for outdoor dining to the Planning Board for site plan
approval.
(3) Tables and seating for patrons shall comply with the following
provisions:
(a) The use of platforms on which tables and seating would be
placed shall be prohibited. Umbrellas that are supported on a
post that is affixed to or supported by tables are permitted.
Additionally, temporary self-supporting dividers (i.e., velvet
rope fences, chain or fabric) not exceeding four feet in height
are permitted and are required to comply with the New York
State Alcohol Control Board requirements for outside service
of alcoholic beverages.
(b) Tables, chairs, umbrellas and dividers shall be moveable and
shall not be affixed to a building or the ground.
(c) No outdoor dining shall take place between November 1 of
each year and April 1 of the following year.
(d) Tables, chairs, umbrellas and dividers shall be located so as to
allow at least five feet of unimpeded pedestrian sidewalk
clearance and shall not be located so as to obstruct doorways
or other means of ingress and egress.
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(e) All food and beverages shall be dispensed from the interior of
the establishment. No outdoor service bar or counter shall be
permitted.
(f) No outdoor music or sound amplification shall be permitted
without site plan approval from the Planning Board.
10. Section 240-105 shall be deleted.
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11. The title of Article XII shall be revised to read as follows:
ARTICLE XII
Administration and Enforcement
12. .Section 240-106 shall be renumbered to 240-106.1.
13. Anew Section 240-106 shall be added and shall read as follows:
§ 240-106. Zoning Administrator.
A. Administration. The provisions of this chapter shall be administered and
interpreted by the Zoning Administrator, the Deputy Zoning Administrator,
the Municipal Code Enforcement Officers and such other persons as
designated by the Town Board. In addition to the powers and duties as may
be specified in other sections of the Town Code, the Zoning Administrator
shall have the following powers and duties in the administration and
enforcement of this chapter.
B. Powers and duties.
(1) The Zoning Administrator shall, consistent with the expressed
statement of purposes of this chapter, issue and adopt such rules,
regulations and interpretations as are in the Zoning Administrator's
opinion necessary to administer and enforce the provisions of this
chapter. Such rules and regulations, and any such interpretations
that will be of general application in future cases, shall be made a
part of the Zoning Administrator's permanent public record. The
Zoning Administrator is authorized to issue opinions and
determinations on all written requests regarding the classification of
uses and the interpretation and applicability of the provisions of this
chapter. All such opinions and determinations shall be made within
30 days of receipt of the written request and-shall be filed with the
Town Clerk within 5 days of issuance -and a copy given to the Town
Board, Planning Board and Zoning Board of Appeals.
(2) The Zoning Administrator shall have authority to take appropriate
actions to secure compliance with this chapter, through review of
permit applications, surveys and record-keeping, enforcement
against violations and by other means.
(3) In the performance of any prescribed duties, the Zoning
Administrator and other staff members authorized to represent the
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Zoning Administrator shall have the ,right to enter any building or
premises for the purposes of investigation and inspection, provided
that such right of entry shall be exercised only at reasonable hours,
and that in no case shall entry be made to any building without the
permission of the owner, owner's agent, tenant or mortgagee in
possession, or without the written order of a court of competent
jurisdiction.
(4) The Zoning Administrator shall periodically review and study the
effectiveness and appropriateness of the provisions of this chapter,
for the purpose of recommending necessary changes to the Town
Board.
14. The following use under the heading "Storage" in the Schedule of Use
Regulations -Residential Districts in Attachment 1:3 to Chapter 240 shall be
amended to read as follows:
Subject to the issuance of a building permit, outdoor storage of one portable
storage unit for a period not exceeding nine months during any 12-month period if
the property owner also possesses a valid building permit for work on the lot, 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.
15. Footnote 1 on Attachment 3:1 to Chapter 240, Schedule of Dimensional
Regulations -Residential Districts, shall be revised to read as follows:
1 The purpose of these districts is to allow the development at a higher density
when public (or common) sewer and/or water supply is used. The following lot
widths and yard requirements are required: See table on following page (240
Attachment 3:2).
16. Anew footnote 4 on Attachment 3:1 to Chapter 240, Schedule of Dimensional
Regulations -Residential Districts, shall be added and shall read as follows:
a These dimensional requirements pertain only to lots created for one-family or
two-family detached dwellings.
17. In the Attachment 3:1 to Chapter 240, Schedule of Dimensional Regulations -
Residential Districts, the following three columns shall be revised to read as
follows:
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District RMF-3 RMF-5
Minimum lot area (square feet, unless otherwise - -
noted)
With public water and sewer 5 acres 5 acres
With public water or sewer 15 acres 10 acres
Without ublic water and sewer 15 acres 10 acres
Minimum lot width (feet) 100 100
Minimum lot de th (feet 150 150
Minimum lot fronta e (feet) 50 50
Maximum dwellin units er net lot area 3 5
Minimum front yard (feet) from:
County/state highway 75 75
Centerline of other street 75 75
Front lot line of other street 50 50
Minimum side yard (feet) 50 25
Accessory building < 15 feet high and 10 10
< 200 s uare feet3
Minimum rear yard (feet) 50 50
Accessory building < 15 feet high and 10 10
< 200 s uare feet3
Maximum buildin hei t (stories/feet) 3/35 3/35
Maximum buildin covera e ercent 30% 45%
Maximum floor area ratio .3 .45
18. Section 240-48 shall be amended to read as follows:
§ 240-48. Fees.
Application for a special permit shall be accompanied by a fee as set forth in
Chapter 122, Article IV, § 122-16N(1.1) of the Code. The approving agency shall
require the establishment of an escrow deposit in accordance with § 240-110A(3)
herein to reimburse the Town for.. the professional review... fees ..charged in
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connection with the review of the application.
Section 5: Ratification, Readontion 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.
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Section 6: 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; that the Codifier shall make no substantive
changes to this Local Law; that the word "Local Law" shall be changed to "Chapter,"
"Section" or other appropriate word as required for codification; and that any such
rearranging of the numbering and editing shall not affect the validity of this Local Law or
the provisions of the Code affected thereby.
Section 7: 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 8: Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by the Municipal Home Rule Law.
J:\DOCS2\500\Wappinger\Code Amendmts\zoning amends 12-4-12 clean.dhs.doc
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