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LL #10-2011NEW 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 0 Town ❑ Village Local Law No. 10 of the year 20 11 A local law entitled, "A Local Law Amending the Town's Zoning Map in Accordance with the Newly (Insert Title) Adopted Comprehensive Plan for the Purpose of Rezoning Properties to the Neighborhood Business (NB) District." Be it enacted by the Town Board of the ame 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 10 OF THE YEAR 2011 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 Accordance with the Newly Adopted Comprehensive Plan for the Purpose of Rezoning Properties to the Neighborhood Business (NB) District." Section 2. Legislative Intent This local law is intended to implement the Town's new Comprehensive Plan. Section 3. Changing of Zoning District Designation of Parcels The zoning of the parcels listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: 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 the parcels listed in Section 3 above, as shown on the enclosed map entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. 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 confinned. DOS -239 (Rev. 11/99) Existing New Tax Parcel Owner's Name Zoning Zoning Map ID Numbers and Address District District Widmer Inn Restaurant L 1 6158-02-880530 70 Widmer Road R-20 NB Wappingers Falls NY 12590 R A G Properties, LTD. L2 6156-01-485668 150 Osborne Hill Road R-40 NB Fishkill NY 12524 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 the parcels listed in Section 3 above, as shown on the enclosed map entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. 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 confinned. DOS -239 (Rev. 11/99) 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 petition 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, Now sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. 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. 2 (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. 10 of 20 11 of the (((Town)() of Wappinger was duly passed by the Town Board on June 13th, 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*.) 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 was duly passed by the .�. (Name of Legislative Body) on 20 and was (approved)(not approved) (repassed after disapproval) by the on 20 (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. Such local * 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. mom (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. Clerk ofMe county I gislative body, City, Town or Village Clerk or officer d6gignated /by local legislative body (Seal) Date: t 1 (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 Xi4 of Town WAW Wappinger Date: DOS -239 (Rev. 05105) Page 3 of 3