LL #03-2011NEW 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 Wappinger
O Town
❑ Village
Local Law No. 3 of the year 20 11
A local law entitled, "Local Law No. 3 of the Year 2011, Amending Chapter 85 of the Town of
(Insert Title)
Wappinger Code Regarding Building Foundations."
Be it enacted by the
Town Board of the
(Name Ot Legislative Body)
❑ County
❑ City of Wappinger as follows:
A Town
❑ Village
(TEXT COMMENCES ON THE 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 NO.3 OF THE YEAR 2011
A Local Law entitled "Local Law No. 3 of the Year 2011, Amending Chapter 85 of the
Town of Wappinger Code Regarding Building Foundations."
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. 3 of
the Year 2011, Amending Chapter 85 of the Town of Wappinger Code Regarding Building
Foundations."
Section U: Legislative Intent:
It is important to verify that newly constructed building foundations are located outside
of required setbacks, floodplains, wetland buffers and other areas. It is also important to verify
that the finished elevation of the foundation is correct to insure that the structure complies with
building heights set by zoning as well as floodplain elevations. It is vitally important to verify the
foundation location and elevation after its completion but prior to the commencement of
construction of the remainder of the structure. This Local Law requires that a benchmark be
located on the building site prior to construction and an as built survey of any newly constructed
foundation be submitted and approved by the Building Department prior to the continuation of
any construction on the site.
Section III• Amendments to Chanter 85:
Section 85-5(B) of the Town of Wappinger Code is hereby amended by the addition of a
new subdivision (5) which shall read as follows:
(5) Construction of New Foundations. The provisions of this subdivision
shall apply in all cases where a new foundation is being constructed.
a To field check the elevation of the preparations for a new foundation, a
benchmark shall be physically located on the premises at a location and at
an elevation deemed appropriate by the Enforcement Officer, prior to the
foundation being constructed. Stakes showing the corners of the
foundation shall also be placed prior to construction of the foundation.
b. The owner, or his agent, shall submit a plot plan, certified by a licensed
surveyor or engineer, with contour intervals of two feet or less, showing
the "as built" foundation, property lines, monuments, setbacks, streets,
driveways, 100 year flood plain, flood prone areas, wetlands, wetland
buffers, waterbodies, utility lines, easements, rights of ways and any other
information deemed necessary by the Enforcement Officer
C. No construction of any portion of a building or structure, other than the
construction of a foundation, shall commence or continue until the plot
plan described in paragraph b above has been reviewed and approved by
the Enforcement Officer, with advice and consent from the Town
Engineer, and the Highway Superintendent as necessary. The Enforcement
Officer shall approve the plot plan provided that it shows that such
foundation is situated and located in conformance with the provisions of
the Town of Wappinger Code and with the plans and specifications
previously submitted under this Section. In addition, the Enforcement
Officer shall only approve the plot plan if the elevation of the top of the
foundation is in conformance with the plans and specifications previously
submitted under this Section.
d. The Enforcement Officer may waive any and all provisions of this
subdivision, in his or her sole discretion, where proper cause is shown.
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 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 VI: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law Municipal Home Rule Law.
(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.) 3 of 20 11 of
I hereby certify that the local law annexed hereto, designated as local law No. was duly passed by the
the (MMlKW)=)(Town)�) of Wappinger
Town Board on May 23rd, 20 11 _ 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*.) of 20 of
I hereby certify that the local law annexed hereto, designated as local law No. was duly passed by the
the (County)(City)(Town)(Village) of
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
and was deemed duly adopted
of 20 of
was duly passed by the
on 20 and was (approved)( not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20
(Elective Chief Executive Officer*)
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
on
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
was duly passed by the
20 _ and was (approved)(not approved)
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.
Page 2 of 3
DOS -239 (Rev. 05105)
5. (City local law concerning Charter revision proposed by petition.) of 20 of
I hereby certify that the local law annexed hereto, designated as local law No.
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.) of 20 of
I hereby certify that the local law annexed hereto, designated as local law No.
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.
Cler the co my legislative body, City, Town or Village Clerk or
offic esignated by local legislative body
Date:
j Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEWYO HESS
COUNTY OF D
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
VA4
hof Wappinger
Town
Date:
Page 3 of 3
DOS -239 (Rev. 05105)