LL# 17-2007Local 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.
17
of the year 20 07
A local law entitled, "Local Law No. 17 of the Year 2007, Rescinding Local Law No. 14 of the Year
(Insert Title)
2002, Authorization to Planning Board to Permit a Conservation Subdivision for Lands
Owned by Cranberry Hills, LLC."
Be it enacted by the TOWN BOARD of the
Name o Legislative Body—)
❑ County
❑ City of WAPPINGER
0 Town
❑ Village
(TEXT TO COMMENCE ON NEXT PAGE)
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 # 17 OF THE YEAR 2007
TOWN OF WAPPINGER
A Local Law entitled "Local Law No. 17 of the Year 2007, Rescinding Local Law
No. 14 of the Year 2002, Authorization to Planning Board to Permit a Conservation Subdivision
for Lands Owned by Cranberry Hills, LLC."
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 "Local Law No. 17 of the Year 2007,Rescinding
Local Law No. 14 of the Year 2002, Authorization to Planning Board to Permit a Conservation
Subdivision for Lands Owned by Cranberry Hills, LLC."
Section II: Legislative Intent.
Pursuant to Local Law No. 14 of the Year 2002, the Town Board authorized the Planning Board
to permit a Conservation Subdivision on a 322.67 acre tract of land owned by Cranberry Hills,
LLC. Specifically, the Local Law authorized the Planning Board to modify various provisions of
the Town of Wappinger Zoning Code with respect to lot area and dimensions so as to permit a
232 lot Conservation Subdivision on lands owned by Cranberry Hills, LLC, now identified as
Tax Grid No. 135689- 6158-04-951382 on the Town of Wappinger Tax Assessment Map,
subject to and conditioned upon certain conditions set forth in Section III of Local Law No. 14 of
the Year 2002. In addition, the Local Law also authorized a revision to the Town of Wappinger
Zoning Map to identify the subject 322.67 acre parcel as a Conservation Subdivision pursuant to
Section 278 of the Town Law. This Local Law will also rescind the authorization of such
amendment to the Zoning Map.
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The Town Board has determined that the Conservation (Cluster) Subdivision as authorized by
Local Law No. 14 of 2002 is no longer consistent with the long range land use plans of the Town
and is not in the best interest of the residents of the Town of Wappinger. By rescinding Local
Law No. 14 of 2002, the Town Board deems that any application for a future Conservation
(Cluster) Subdivision should be subject to review and approval of the sitting Town Board at the
time such application is made.
Section III: Rescission.
Local Law No. 14 of the Year 2002, entitled "Authorization to Planning Board to Permit a
Conservation Subdivision for Lands Owned by Cranberry Hills, LLC," is hereby rescinded in its
entirety.
Section IV: 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 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
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Local Law or their application to other persons or circumstances. It is hereby declared to be the
legislative intent 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: Effective Date.
This Local Law shall take effect immediately upon adoption and filing with the Secretary
of State as provided by the Municipal Home Rule Law, or, upon the expiration of the
Resolution of Final Subdivision Plat Approval for the Cranberry Hills Subdivision
adopted by the Town of Wappinger Planning Board on December 12th, 2006, whichever
date is later.
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(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 (G?t)(iii(Town)(1)5) of WAPPINGER
_Town Board on December 26
(Name of Legislative Body)
provisions of law.
17
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
on
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
and was deemed duly adopted
of 20 of
was duly passed by the
20 —and was (approved)( not approved)
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
on 20 — and was (approved)(not approved)
(Name of Legislative Body)
(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 law, and was finally adopted in the manner indicated in
paragraph 1 ,above. a_
Clerk the county 'slative body, City, Town or Village Clerk or
office esignated by local legislative body
(Seal)
Date: id 26I0-7
(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, Attorney to the Town
Title
ImmX
f Wappinger
Town
XI�II��
Date:
DOS -239 (Rev. 05/05) Page 3 of 3