LL #19-2011Local 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.
In
County
City of Wappinger
Town
Village
Local Law No.
19
of the year 20 11
A local law entitled, "Local Law #19 of 2011, Amending the Town Code so as to Allow Handicap
(Insert Title)
Ramps in Required Yards and to Waive Application Review Fees for the Approval and/or
Installation of Handicap Facilities"
Be it enacted by the Town Board of the
Name of Legislative Body)
❑ County
❑ City of Wappinger
A Town
❑ Village
(TEXT COMMENCES 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) Page 1 of 3
LOCAL LAW # 19 OF THE YEAR 2011
A Local Law entitled "Local Law #19 of 2011, for the purpose of allowing handicap
ramps in required yards and for waiving application review fees for the approval and/or
installation of handicap facilities.
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 #19 of 2011, for the purpose of
allowing handicap ramps in required yards and for waiving application review fees for
the approval and/or installation of handicap facilities.
Section 2: Legislative Intent
The Town Board believes that it is reasonable and appropriate for handicap ramps to be
located in required yards, and for the disabled not to be burdened with application review
fees for the Town's approval of handicap facilities. 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.
Section 3: Code Amendments
1. Section 240-21.11, Obstructions in Yards, of the Zoning Law shall be revised
to read as follows:
B. Obstructions in yards. No buildings or structures or any projection from
buildings or structures shall be permitted in a required yard, except as
follows:
(1) Paved open terraces shall not be considered in the determination of
yard size and lot coverage requirements.
(2) No porches or balconies may project into any required yard area.
(3) Architectural features such as windowsills, door frames, chimneys,
eaves or cantilevered roofs may project up to three feet into any
required yard.
(4) The yard requirements of this chapter shall not be deemed to prohibit
any accessory retaining wall, nor to prohibit any fence or wall,
provided that walls or fences in required yard areas shall not exceed
six feet in height above adjoining grade, unless that part above such
height is not less than 3/4 open construction. Notwithstanding the
sentence above, the Planning Board may allow a fence of any kind to
a height not exceeding 12 feet above adjoining grade, where the
Board deems such fence necessary and appropriate for safety and/or
security purposes, where the fence has been designed by a licensed
professional engineer, and where a building permit will be issued
therefor.
(5) The yard requirements of this chapter shall not be deemed to prohibit
the installation of handicap ramps in required yards for residential
development.
2. Section 122-2, Submission of Application; Fees and Payments, of Chapter
122, Fees and Fines, of the Town Code shall be revised to read as follows:
Upon the submission of an application for an activity for which a permit is
required from the Town Board, the Planning Board, the Zoning Board of Appeals
or any other agency of the Town of Wappinger, including but not limited to
zoning permits, zoning amendment requests, subdivision applications, permits
required by the Building Code, the Fire Prevention Ordinance or other statutes or
local laws, the agency within the town issuing the permit or from whom the permit
for the activity is requested may, in its discretion, require that such permit
application be accompanied both by such fees as are prescribed by statute, local
law, regulation or resolution and by such prepayments as deemed appropriate by
such agency for the payment of professional, consulting or other third -party
services if the same are necessary to assist in review of the application or request,
said payment to be sufficient to defray the cost of such which will be necessarily
and reasonably required by such board or agency in its evaluation or review of the
requested activity as determined by the agency. Submission of the application
shall not be deemed complete until such time as satisfactory arrangements have
been made with the board or agency with the payment of the same, and such board
or agency may require a deposit of the same in advance. If advance payment is
required, such payment shall be made to the Town Comptroller. Any amount
remaining unexpended after said deposit and after the rendering of services shall
be returned to the applicant upon the obtaining of such final disposition of the
application or in the event of withdrawal. No final disposition shall be made until
any additional payments determined as necessary by the board or agency are made
and any application shall be deemed incomplete and not susceptible to final
approval or disposition until such payment is made. Fees relating specifically to
an application or a portion(s) of an application for the approval and/or installation
of handicap facilities shall be waived upon receipt by the Town of adequate
documentation from a doctor regarding the disability involved.
2
3. Section 122-15, Applicability, of Chapter 122, Fees and Fines, of the Town
Code shall be revised to read as follows:
The fees set forth in this article shall apply to the provisions of all local laws,
ordinances, regulations and resolutions adopted by the Town of Wappinger and
shall supersede any specific fee contained or referred to in such laws, ordinances,
regulations or resolutions which have been adopted prior to the date of this article.
References to section numbers (denoted by the "§ " symbol) within § 122-16 of
this article refer to sections of the Code of the Town of Wappinger from which the
particular fee in question is derived. If no section number is indicated for a
particular fee, that fee was enacted at the time of adoption of this article by local
law. Fees relating specifically to an application or a portion(s) of an application
for the approval and/or installation of handicap facilities shall be waived upon
receipt by the Town of adequate documentation from a doctor regarding the
disability involved.
Section 4. Ratification, Readoption 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.
Section 5: Inclusion in Code
It is the intention of the Wappinger Town Board 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 subsections of this local law may be renumbered or relettered to
accomplish such intention; and that the word "local law" shall be changed to "chapter,"
"section" or other appropriate word, as required for codification.
Section 6: Renumbering
The location and numerical designation of this local law and the sections included herein
shall be delegated to the discretion of the codifier, General Code, which may renumber
this local law and sections as are necessary to accommodate these amendments.
Section 7: Codification
This local law shall be incorporated into the Code of the Town of Wappinger and shall be
assigned a chapter number and appropriate section numbers by the codifier, General
Code, in accordance with the numbering system of the Code.
9
Section 8: Codifier's Changes
This local law shall be included in the Code of the Town of Wappinger. The codifier
shall make no substantive changes to this local law, but may renumber, rearrange and edit
it without first submitting it to the Wappinger Town Board. Any such rearranging,
renumbering and editing shall not affect the validity of this local law or the provisions of
the Code affected thereby.
Section 9: 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,
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 10: 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.
rd
(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. 19 of 20 11 of
the ( fVy)(M)(Town)(VI of Wappinger was duly passed by the
Town Board on August, 8th 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
on
(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
(Name of Legislative Body)
(repassed after disapproval) by the
was duly passed by the
on 20 — and was (approved)(not approved)
ctive Chief Executive Officer*)
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.
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. r
rU
Clerk o he count legislative body, City, Town or Village Clerk or
officersignated by local legislative body
(Seal) Date: tnl ll
(Certification to be axecuted 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
C %
hof
Town
XM
Wappinger
Date: L
DOS -239 (Rev. 05/05) Page 3 of 3