LL #05-2013NEW 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 Wappinger
0 Town
❑ Village
Local Law No. 5 of the year 20 13
A local law entitled "Local Law No. 5 of the Year 2013, for the purpose of amending Chapter 214
(Insert Title)
Streets and Sidewalks of the Town Code."
Be it enacted by the Town Board of the
(Name ofLegisla Body)
❑ County
❑ City of Wappinger as follows:
A 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 known and cited as "Local Law #_ of 2013, for the purpose of
amending Chapter 214, Streets and Sidewalks, 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 214, Streets dnd Sidewalks, of
the Town Code.
Section 3: Code Amendments — Chapter 214, Streets and Sidewalks
1. Section 214-10 shall be amended to read as follows:
§ 214-10. Restoration of highway.
Any such excavation in any highway shall be restored by the applicant, within the
time granted in the permit, with materials equivalent to those excavated and shall
be kept and maintained level with the unexcavated portion thereof, by the
applicant, for a period of two years from the date of restoration, so that said
excavated portion shall be left in as good, substantial and permanent condition as
before the excavation; and if not so restored and maintained, the work shall be
done by or under the direction of the Superintendent, and the cost thereof shall be
a lawful charge against the person to whom the permit was issued on the bond or
certified check herein provided for, and it shall be the duty of the Superintendent
to sue for and -recover such -costs or pay them with all or part of said bond or
certified check.
2. Section 214-12 shall be amended to read as follows:
§ 214-12. Duration of obligation.
For two years from the date the work is complete, the applicant shall be
responsible for any condition that may develop due to the applicant's failure to
properly restore the highway.
3. Section 214-39 shall be amended to read as follows:
2
214-39. Grant of highway.
Such highway must be granted to the Town by a bargain and sale deed with a
covenant against grantor's acts, containing the correct metes and bounds
description shown on said map, which deed must be in such form as may be
required to entitle the same to be recorded in the office of the County Clerk of
Dutchess County, and the filing fees must be paid by the applicant. The bargain
and sale deed shall be accompanied by a title insurance policy naming the Town as
beneficiary in the minimum amount of $50,000, or such other amount as
determined by the Engineer to the Town and the Attorney to the Town, consistent
with the nature and value of the property and/or improvements to be dedicated to
the Town.
4. Section 214-43.B shall be amended to read as follows:
B. Highway construction guaranty. Prior to the acceptance of the highway or
issuance of any building permit, the developer shall post with the Town
Clerk of the Town of Wappinger a bond equal to 20% of the performance
bond guaranteeing the standard of construction set by these specifications,
normal wear and tear excepted, for a period of two years after the date of
final acceptance by the Town. This shall be interpreted to mean that the
developer, at his own expense, shall repair and make good any defects or
damage which may develop during this guaranty period as a result of faulty
construction by the developer within the right-of-way or as a result of other
construction by the developer off the right-of-way. The guaranty
responsibilities of the Town and the developer during the guaranty period
are specified under § 214-76B of these specifications.
5. Section 214-76.B shall be amended to read as follows:
B. After final acceptance -by the Town and prior to the expiration of the two-
year guaranty period:
(1) It is intended by these minimum specifications and the applicable
requirements of the Land Subdivision Regulations Editor's Note: See
Ch. 217, Subdivision of Land. to have constructed by the developer a
road or street which meets the standards of Chapter 214 herein. To
assure the fulfillment of these requirements, the developer shall
guarantee its roads and the appurtenant road structures, such as
storm sewers, manholes, inlet basins, paved gutters, etc., against
structural failure for two years from the date of final acceptance by
the Town Board. If such failure should occur under conditions of
t
normal use for which the area was intended, the developer shall
repair the damage to equivalent of original or better condition. These
repairs shall be made by order of the Town Superintendent of
Highways, oral or written and under his direction, and completed to
his satisfaction. Repairs shall be made, or satisfactory arrangements
made, to make said repairs within 48 hours.
(2) This guaranty shall include, but not be limited to, the following
items:
(3) Deterioration of the pavement, such as alligator cracks, chuck holes,
bleeding, edge breaking, depressions, etc.
(4) Deterioration of gutters, such as erosion, frost heave, cracking, edge
breaking, etc.
(5) Failure of the storm sewer such as pipe breaks, grate breaks,
stoppages due to accumulation of debris from construction,
settlement, etc.
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: 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 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,
El
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 filing with the Secretary of State as
provided by the Municipal Home Rule Law.
J:\DOCS2\500\Wappinger\Code Amendmts\streets amends 9-20-12 clean.dhs.doc
5
(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. 5 of 20 13 of
the QMk)(0"Town)(VgW of Wappinger was duly passed by the
Town Board on January 28 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
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
(Name of Legislative Body)
was duly passed by the
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.) 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 ado d in the manner indicated in
paragraph 1 ,above.
Clerk o e county legislati ody, City, Town or Village Clerk or
officer designated by local legislative body
(Seal)
Date: .l c��� ��� r,f �C� c��
(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
XDiiM
ftof Wappinger
Town
Date:
DOS -239 (Rev. 05/05) Page 3 of 3