LL #01-2013NEW 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
O Town
❑ Village
Local Law No. ' of the year 20 13
A local law entitled " A Local Law Amending the Town's Zoning Map in Connection with the
(insert Title)
Hilltop Village a Wappinger Project, for the Purpose of Rezoning Property to the RMF -3
Multifamily Residence District."
Be it enacted by the Town Board of the
(Name of LegislativeBody)
❑ County
❑ City of Wappinger as follows:
0 Town
❑ Village
(TEXT COMMENCES ON NEXT PAGE)
(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 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 entitled, "A Local Law Amending the Town's Zoning Map in
Connection with the Hilltop Village at Wappinger Project., for the Purpose of Rezoning
Property to the RMF -3 Multifamily Residence District."
Section 2. Legislative Intent
This local law is intended to amend the Town's Zoning Map, consistent with the Town's
Comprehensive Plan, in order to allow for the development of the Hilltop Village at
Wappinger project.
Section 3. Changing of Zoning District Designation of Part of Parcel
The zoning of part of the parcel listed below is hereby changed from the Existing Zoning
Districts to the New Zoning District as shown below:
Tax Parcel
Owner's Name
Existing Zoning
New Zoning
Numbers
and Address
Districts
District
part of
Contrail LLC
6257-02-630770
1906 Route 52
COP and R-40
RMF -3
Hopewell Junction, NY 12533
Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the
Wappinger Town Code
The Zoning Map of the Town of Wappinger is hereby amended to graphically show the
changed zoning of part of the parcel listed in Section 3 above, as shown on the attached
map entitled, "Exhibit A, Proposed Zoning Map Changes," dated November 9, 2012.
Section 5. Ratification, Readoption and Confirmation
Except as specifically modified by the amendments contained herein, the Zoning Law of
the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time
to time thereafter is otherwise to remain in full force and effect and is otherwise ratified,
readopted and confirmed.
PA
Section 6. 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 7. 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.
Attachment: Exhibit A
9
(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.)
1 hereby certify that the local law annexed hereto, designated as local law No. 1 of 20 13 of
the �d(#�r)(C%ffown)()OIIW of Wappinger was duly passed by the
Town Board on January 14 20 13 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 Ofcer*)
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
was duly passed by the
on 20 - and was (approved)(not approved)
(repassed after disapproval) by the on �0 . 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 ted in the manner indicated in
paragraph 1 above. ,
AIIZ
Clerk -of the county legis body, City, Town or Village Clerk or
officer designated by local legislative body
(Seal) Date:
(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 ext 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
XXX*
304f !N >,' .i)
Town
=46
Date:
DOS -239 (Rev. 05/05) Page 3 of 3