Loading...
2012-3232012-323 Resolution Introducing Local Law _ 2013 Which Would Amend Chapter 122, Fee and Fines, and Chapter 240, Zoning, of the Town Code At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on December 10, 2012. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers - Barbara Gutzler - William H. Beale Vincent F. Bettina Ismay Czarniecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman Czarniecki. WHEREAS, the Town Board is considering the adoption of Local Law _ of 2013 which would amend Chapter 122, Fees and Fines, and Chapter 240, Zoning, of the Town Code; and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law _ of 2013 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Town Code as originally adopted and amended from time to time thereafter is to remain in full force and effect and is otherwise ratified, readopted and confirmed. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law _ of 2013 for 7:30 PM on the 28th day of January 2013 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and c. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 240-112 of the Zoning Law prior to said public hearing. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE MICHAEL KUZMICZ, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 12/10/2012 The Resolution is hereby duly declared adopted. CHRISTINE FULTON, TOWN CLERK 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 known and cited as "Local Law #_ of 2013, for the purpose of amending Chapter 122, Fees and Fines, and Chapter 240, Zoning, of the Town Code." Section 2: Legislative Intent 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. The Town Board believes that it is reasonable and appropriate to update and amend Chapter 122, Fees and Fines, and Chapter 240, Zoning, of the Town Code. Section 3: Code Amendments -Chapter 122, Fees and Fines 1. Section 122-16.N(7)(b) shall be amended to read as follows: (b) For site plan application, special use permit application, and rezoning application review, the applicant shall deposit and maintain a sum calculated as follows: Square Footage 0 to 3,000 3,001 to 20,000 20,001 to 50,000 Greater than 50;000 Amount $3,750 $7,500 $22,500 $52,500 2. Section 122-16N(1) shall be renumbered to 122-16N(1.1). 3. Anew Section 122-16N(1) shall be added and shall read as follows: (1) § 240-35B(1)(e), architectural approval fees: (a) application fee: $250. 2 (b) escrow funds: the applicant shall deposit and maintain the sum of $1,500. 4. Section 122-16.N(3)(c) shall be revised to read as follows: (c) Recreation fee: Editor's Note: See also ~ 240-860(5), Cash payment in lieu of reservation. $5,000 per dwelling unit on the original site plan containing residential units. (Note: Such fee shall be payable by the applicant only upon: a) the granting by the Planning Board of site plan approval; and b) a fmding by the Planning Board that: 1) the granting of the application will create a need for additional park land in the Town; and 2) that a suitable park or parks cannot be located on the site.) 5. Article III of Chapter 122 shall be revised to read as follows: Article III. RECREATION FEE5 § 122-11. Legislative intent. The Zoning Law and the Subdivision Regulations of the Town of Wappinger Editor's Note: See Chs. 240, Zoning, and 217, Subdivision of Land, respectively. presently require payment of a recreation fee upon the approval of a site plan containing residential units based on aper-dwelling unit amount and upon approval of a subdivision based on a per-lot amount, respectively. The Town Board determines that the amounts to be paid per dwelling unit or lot are in need of being adjusted and by this article seeks to adjust the amount of the recreation fee. § 122-12. Recreation fee established. The Town Board of the Town of Wappinger, pursuant to §§274-a, 276 and 277 of the Town Law of the State of New York, hereby establishes a fee to be known as the "residential site plan and subdivision recreation fee," which fee is to be paid per dwelling unit or lot whenever lands are approved by site plan or subdivided, respectively, pursuant to the Zoning Law or Subdivision Regulations of the Town of Wappinger. Said fees shall be paid prior to endorsement of the final site plan or subdivision plat, as applicable, by the Chairman of the Planning Board. § 122-13. Residential site plan or subdivision recreation fee. The residential site plan or subdivision recreation fee is hereby set at an amount per dwelling unit or lot as set forth in Chapter 122, Article IV, §§ 122-16N(3)(c) and 122-16L of the Code, pursuant to the Zoning Law and Subdivision 3 Regulations of the Town of Wappinger and Town Law of the State of New York § § 274-a, 276 and 277. The fees per site plan or subdivision shall be calculated by the Zoning Administrator. 6. New Sections 122-16.N(6)(e)[8] and [9] shall be added and shall read as follows: [8] Outdoor seating fee per year: $150 for the first six seats or portion thereof, plus $25 for each additional seat. [9] Portable storage unit: $100. Section 4: Code Amendments -Chapter 240, Zoning 1. The following new definition shall be added to Section 240-5 in its proper alphabetical order: ALL-TERRAIN VEHICLE (ATV) Any self-propelled vehicle which is manufactured for sale for operation primarily on off-highway trails or off-highway competitions and only incidentally operated on public highways ,and as further defined by §2281 of the New York State Vehicle and Traffic Law, or any successor statute. All-terrain vehicles shall include, but not be limited to, off-road motorcycles, minibikes, go-carts and snowmobiles, but shall exclude golf carts. 2. The following definition in Section 240-5 shall be amended to read as follows: STRUCTURE A. Anything constructed or erected, the use of which requires location on, in or under the ground or water. or attachment to something having location on the ground or water, including but not limited to buildings, parking decks or garages, storage containers, swimming pools, tennis courts, __ _ _ _ __ towers, docks, balconies, open entries, porches, decks, handicap ramps, signs, permanent awnings, gas or liquid storage tanks, ground-mounted antennas, ground-mounted solar panels and satellite receiving antennas, outdoor tables and seating for patrons, and walls more than six feet in height, but not anything requiring only single paving or surfacing of the ground such as parking lots, driveways or sidewalks. B. A static construction or an assembly of materials, the use or occupancy of which requires a fixed location on the ground or attachment to an object having a fixed location. 4 3. Section 240-16.E shall be deleted. 4. Sections 240-16.F through H shall be relettered E through G, respectively. 5. Section 240-18.E shall be amended to read as follows: E. Lots bordering major streams. All lots bordering major streams shall be subject to the requirements for flood-prone areas as required in § 240-33 of this chapter. No building permit shall be issued for the construction of any permitted principal or accessory use in any district within 100 feet of normal water edge of the main branches of Wappingers Creek and Sprout Creek. 6. Section 240-35 shall be amended to read as follows: § 240-35. Architectural and historical district powers. A. Findings and purpose. (1) The Town Board finds that the economy and quality of life of the Town of Wappinger are affected by its visual environment. T'he general welfare of residents and of property owners, as well as property values and the tax base, are enhanced by natural and man- made features and structures of visual and historical value. Excessive uniformity, dissimilarity, inappropriateness or poor quality of design in the exterior appearance of buildings erected in any neighborhood adversely affects the desirability of the immediate area and neighboring areas for residential and business purposes or other use and by so doing impairs the benefits of occupancy of existing property in such areas, impairs the stability and value of both improved and unimproved real property in such areas, prevents the most appropriate development of such areas, produces degeneration of property in such areas with attendant deterioration of conditions affecting the health, safety, comfort and general welfare of the inhabitants thereof and destroys a proper relationship between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this chapter to prevent these and other harmful effects of such exterior appearances of buildings erected in any neighborhood and thus to promote and protect the health, safety, comfort and general welfare of the community, to promote the public convenience and prosperity, to conserve the value of buildings and natural and man-made 5 features and to encourage the most appropriate use and development of land within the Town. (2) Accordingly, the Town Board of the Town of Wappinger hereby finds that it is in the best interests of the citizens of the Town of Wappinger and protective of their health, safety, economic and general welfare to authorize the Planning Board to have architectural and historic .district powers, as hereinafter set forth, in order to accomplish these purposes and to ensure proper protection and development of the visual environment of the Town of Wappinger. B. Functions of the Planning Board. (1) Architectural approval authority. The Planning Board shall have the authority to approve, approve with modifications or conditions, or disapprove architectural plans on the following matters: (a) National register, state register and locally designated properties and districts. Plans for construction, alteration, addition or restoration of buildings located in federal, state or locally designated historic districts or located on the same property as individual structures listed on the National Register of Historic Places or determined to be eligible for listing on the National Register of Historic Places by the State Office of Parks, Recreation and Historic Preservation or locally designated by the Town of Wappinger as significant historic structures. (b) Site development plans. Site development plans before the Planning Board for review, including but not limited to industrial, commercial, office, two-family, multifamily and mobile home park development, and open space ____ __ development. (c) Special permit uses. Applications for special permit uses in all districts. (d) Signs. Plans for the construction or erection of signs. (e) Modification. Plans for the architectural modification of industrial, commercial, office, two-family, multifamily or mobile home park development, including newly installed rooftop equipment. 6 (2) Reports. The Planning Board may, on its own initiative, issue reports recommending programs or legislation in the interest of preserving or improving the visual environment. C. Procedures. Whenever architectural or historic district powers are invoked pursuant to this section, the Planning Board may request such additional information from the applicant as is necessary to enable the Planning Board to review the proposed project. Essential plans and information shall include, but not be limited to: (1) Applications. (a) Planning Board file. (b) Building Department file. Building Department files on the subject property and adjacent properties. (c) Plans and elevations. Scale plans and elevations showing the nature of construction and the materials to be incorporated in the exterior of the project. (d) Site plans. A site plan, at an appropriate scale, showing information required by Article IX of this chapter. (e) Renderings. Three-dimensional sketches or renderings illustrating significant aspects of construction and exterior design, when deemed necessary and requested by the Planning Board and at a scale deemed appropriate by the Planning Board. (2) Preliminary design and meeting with applicant. Applicants shall be encouraged to submit preliminary designs for Planning Board review and comment prior to final design submission. (3) Site visits. Insofar as is possible, whenever deemed necessary by the Planning Board, members of the Planning Board shall visit the site of proposed construction. D. Standards for review. In conducting its review, the Planning Board shall evaluate the proposed architectural and landscaping plans in accordance with the following standards. 7 (1) New structures should be constructed to a height visually compatible with the buildings and environment with which they are visually related. (2) The gross volume of any new structure should be visually compatible with the buildings and environment with which they are visually related. (3) In the elevation(s) of a building, the proportion between the width and height in the facade(s) should be visually compatible with the buildings and environment with which it is visually related. (4) The proportions and relationships between doors aril windows in the facade(s) should be visually compatible with the buildings and environment with which it is visually related. (5) The rhythm of solids to voids, created by openings in the facade, should be visually compatible with the buildings and environment with which it is visually related. (6) The existing rhythm created by existing building masses and spaces between them should be preserved, insofar as practicable. (7) The materials used in the facade(s) should be visually compatible with the buildings and environment with which it is visually related. (8) The texture inherent in the facade(s) should be visually compatible with the buildings and environment with which it is visually related. (9) Colors and patterns used on the facade(s) should be visually compatible with the buildings and environment with which it is visually related. __ __ (10) The design of the roof should be visually compatible with the buildings and environment with which it is visually related. (11) The landscape plan should be sensitive to the individual building, its occupants and their needs. Further, the landscape treatment should be visually compatible with the buildings and environment with which it is visually related. (12) All facade(s) should blend with other buildings via directional expression. When adjacent buildings have a dominant horizontal or 8 vertical expression, this expression should be carried over and reflected. (13) Architectural details should be incorporated as necessary to relate the new with the old and to preserve and enhance the inherent characteristics of the area. (14) The setback of the building(s) from the street or property line and the other yard setbacks should be visually compatible with the buildings and environment with which it is visually related. (15) Signs should be of a size, scale, style, materials and illumination that - is visually compatible with the building to which it relates and should further be visually compatible with the buildings and environment with which it is visually related. E. Findings. The Planning Board may make the following findings: (1) Approved. This finding shall be indicative that the plan will not be detrimental to the visual .environment, meets the standards required by the Town of Wappinger and is approved. (2) Approved with modifications or conditions. This fmding shall be indicative that the plan will meet the standards of the recommended category with modifications or conditions. If the suggested modifications are made, the plan shall be deemed approved. (3) Disapproved. This fmding shall be indicative that the plan is found to be detrimental to the visual environment and beneath the standards of design required by the Town of Wappinger and cannot be rendered acceptable by the imposition of conditions or modifications, and is therefore disapproved. __ _. (4) The above mentioned findings may be made as part of a concurrent resolution of the Planning Board, such as for example, site development plan approval. F. Substantial change of approved plans. Any substantial change in siting or in the exterior appearance of any approved project may be subject to review and reconsideration by the Planning Board at the discretion of the appropriate referring agency or the Planning Board. 9 7. Anew Section 240-36.1 shall be added and shall read as follows: § 240-36.1 Use of all-terrain vehicles (ATVs). A. Except for the movement of off-road vehicles into and out of storage locations, ATVs shall not be operated on any lot which is less than two acres in size. B. No all-terrain vehicle shall be operated within 400 feet of any residence, except the residence of the owner or operator thereof, between the hours of 7:00 a.m. and 10:00 p.m. Further, no all-terrain vehicle shall be operated within 800 feet of any residence, except the residence of the owner or operator thereof, between the hours of 10:00 p.m. and 7:00 a.m. C. No person shall operate or cause to be operated any all-terrain vehicle that is not equipped with a properly functioning muffler system required by § 2406(1)(b) of the New York State Vehicle and Traffic Law. 8. Section 240-83 shall be amended to read as follows: § 240-83. Approval and conformity required. A. Except as exempted by Subsection B of this section, no building permit shall be issued, no grading, stripping, cutting, filling or other site preparation or disturbance shall be permitted, and no structure or use shall' be established except in conformity with an approved site development plan, and no certificate of occupancy for such structure or use shall be issued until all the requirements for such approval and any conditions attached thereto have been met, except as may be otherwise specifically provided for in the resolution of site plan approval. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approved plans and conditions. Revisions of such plans and changes of approved uses-shall be subject to the same approval procedure. Any proposed construction of new structures or additions thereto or any change or modification of use of property which adds to or modifies a previously approved site development plan shall require further site plan approval, termed "amended site plan approval by the Planning Board." The Zoning Administrator shall enforce all requirements and conditions of the approved site development plan. B. The following uses, buildings and structures shall not be subject to site development plan approval: 10 (1) Issuance of a building permit and grading, stripping, cutting, filling and other site preparation or disturbance in connection with one one- family dwelling. (2) Issuance of a building permit for any of the following items: (a) outdoor tables and seating for patrons. (b) a generator which is less than 25 kilowatts in size, which is less than 15 feet from its associated building, and which is screened to the satisfaction of the Zoning Administrator. (c) 'newly installed or replacement HVAC equipment, except that newly installed rooftop equipment shall be subject to §§ 240- 35E and 240-35B(1)(e) of this chapter. (d) a shed on nonresidentially-zoned or -used property, which shed is less than 100 square feet in size, is less than 10 feet in height, and which is located in a side or rear yard. (e) a refuse enclosure which is located in a side or rear yard. (f) security devices and equipment. (g) propane tank cages. (h) a modification to the architecture of industrial, commercial, office, two-family, multifamily or mobile home park development which has been approved by the Planning Board in accordance with § § 240-3 SE and 240-3 SB(1)(e) of this chapter. 9, Anew Section 240-86.Q shall be added and shall read as follows Q. Outdoor tables and seating for patrons. (1) It is the intent of these regulations to allow an establishment that serves food and beverages to provide outdoor tables and seating for patron use on the same lot as such establishment. (2) The following types of outdoor dining are subject to building permit; all others types are subject to site plan approval by the Planning Board: 11 (a) tables and seating on sidewalk, grass or other area of natural material(s); and/or (b) tables and seating for 12 or fewer patrons. Notwithstanding the above, the Zoning Administrator may refer any application for outdoor dining to the Planning Board for site plan approval. (3) Tables and seating for patrons shall comply with the following provisions: (a) The use of platforms on which tables and seating would be placed shall be prohibited. Umbrellas that are supported on a post that is affixed to or supported by tables are permitted. Additionally, temporary self-supporting dividers (i.e., velvet rope fences, chain or fabric) not exceeding four feet in height are permitted and are required to comply with the New York State Alcohol Control Board requirements for outside service of alcoholic beverages. (b) Tables, chairs, umbrellas and dividers shall be moveable and shall not be affixed to a building or the ground. (c) No outdoor dining shall take place between November 1 of each year and April 1 of the following year. (d) Tables, chairs, umbrellas and dividers shall be located so as to allow at least five feet of unimpeded pedestrian sidewalk clearance and shall not be located so as to obstruct doorways or other means of ingress and egress. __ _ _ __ (e) All food and beverages shall be dispensed from the interior of the establishment. No outdoor service bar or counter shall be permitted. (f) No outdoor music or sound amplification shall be permitted without site plan approval from the Planning Board. 10. Section 240-105 shall be deleted. 12 11. The title of Article XII shall be revised to read as follows: ARTICLE XII Administration and Enforcement 12. .Section 240-106 shall be renumbered to 240-106.1. 13. Anew Section 240-106 shall be added and shall read as follows: § 240-106. Zoning Administrator. A. Administration. The provisions of this chapter shall be administered and interpreted by the Zoning Administrator, the Deputy Zoning Administrator, the Municipal Code Enforcement Officers and such other persons as designated by the Town Board. In addition to the powers and duties as may be specified in other sections of the Town Code, the Zoning Administrator shall have the following powers and duties in the administration and enforcement of this chapter. B. Powers and duties. (1) The Zoning Administrator shall, consistent with the expressed statement of purposes of this chapter, issue and adopt such rules, regulations and interpretations as are in the Zoning Administrator's opinion necessary to administer and enforce the provisions of this chapter. Such rules and regulations, and any such interpretations that will be of general application in future cases, shall be made a part of the Zoning Administrator's permanent public record. The Zoning Administrator is authorized to issue opinions and determinations on all written requests regarding the classification of uses and the interpretation and applicability of the provisions of this chapter. All such opinions and determinations shall be made within 30 days of receipt of the written request and-shall be filed with the Town Clerk within 5 days of issuance -and a copy given to the Town Board, Planning Board and Zoning Board of Appeals. (2) The Zoning Administrator shall have authority to take appropriate actions to secure compliance with this chapter, through review of permit applications, surveys and record-keeping, enforcement against violations and by other means. (3) In the performance of any prescribed duties, the Zoning Administrator and other staff members authorized to represent the 13 Zoning Administrator shall have the ,right to enter any building or premises for the purposes of investigation and inspection, provided that such right of entry shall be exercised only at reasonable hours, and that in no case shall entry be made to any building without the permission of the owner, owner's agent, tenant or mortgagee in possession, or without the written order of a court of competent jurisdiction. (4) The Zoning Administrator shall periodically review and study the effectiveness and appropriateness of the provisions of this chapter, for the purpose of recommending necessary changes to the Town Board. 14. The following use under the heading "Storage" in the Schedule of Use Regulations -Residential Districts in Attachment 1:3 to Chapter 240 shall be amended to read as follows: Subject to the issuance of a building permit, outdoor storage of one portable storage unit for a period not exceeding nine months during any 12-month period if the property owner also possesses a valid building permit for work on the lot, or not exceeding three months during any 12-month period otherwise. Such storage unit shall only be located on a driveway or in a parking area, and not on lawns or other vegetated areas. 15. Footnote 1 on Attachment 3:1 to Chapter 240, Schedule of Dimensional Regulations -Residential Districts, shall be revised to read as follows: 1 The purpose of these districts is to allow the development at a higher density when public (or common) sewer and/or water supply is used. The following lot widths and yard requirements are required: See table on following page (240 Attachment 3:2). 16. Anew footnote 4 on Attachment 3:1 to Chapter 240, Schedule of Dimensional Regulations -Residential Districts, shall be added and shall read as follows: a These dimensional requirements pertain only to lots created for one-family or two-family detached dwellings. 17. In the Attachment 3:1 to Chapter 240, Schedule of Dimensional Regulations - Residential Districts, the following three columns shall be revised to read as follows: 14 District RMF-3 RMF-5 Minimum lot area (square feet, unless otherwise - - noted) With public water and sewer 5 acres 5 acres With public water or sewer 15 acres 10 acres Without ublic water and sewer 15 acres 10 acres Minimum lot width (feet) 100 100 Minimum lot de th (feet 150 150 Minimum lot fronta e (feet) 50 50 Maximum dwellin units er net lot area 3 5 Minimum front yard (feet) from: County/state highway 75 75 Centerline of other street 75 75 Front lot line of other street 50 50 Minimum side yard (feet) 50 25 Accessory building < 15 feet high and 10 10 < 200 s uare feet3 Minimum rear yard (feet) 50 50 Accessory building < 15 feet high and 10 10 < 200 s uare feet3 Maximum buildin hei t (stories/feet) 3/35 3/35 Maximum buildin covera e ercent 30% 45% Maximum floor area ratio .3 .45 18. Section 240-48 shall be amended to read as follows: § 240-48. Fees. Application for a special permit shall be accompanied by a fee as set forth in Chapter 122, Article IV, § 122-16N(1.1) of the Code. The approving agency shall require the establishment of an escrow deposit in accordance with § 240-110A(3) herein to reimburse the Town for.. the professional review... fees ..charged in __ _ _ __ __ _ _. connection with the review of the application. Section 5: Ratification, Readontion 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. 15 Section 6: 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 by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 7: 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 8: Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. J:\DOCS2\500\Wappinger\Code Amendmts\zoning amends 12-4-12 clean.dhs.doc 16