2013-1792013-179
Resolution Introducing Local Law _ of 2013 Which Would Amend Chapter 122, Fees and
Fines, Chapter 85, Building Code Administration, Chapter 133, Flood Damage Prevention,
and Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection, 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 July 8,
2013.
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
Kuzmicz.
WHEREAS, the Town Board is considering the adoption of Local Law _ of 2013
which would amend Chapter 122, Fees and Fines, Chapter 85, Building Code
Administration, Chapter 133, Flood Damage Prevention, and Chapter 137, Freshwater
__ .,_
Wetland, Waterbody and Watercourse Protection, 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.
4.
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 26th day of
August 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.
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
7/8/2013
The Resolution is hereby duly declared adopted.
~v~
HRISTINE FUL N, TOWN CLERK
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
Local Law Filin
(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.
Town of WAPPINGER
Local Law No.
of the year 2013
A local law entitled "Local Law # of 2013 for the~urpose of amending Chapter 122,
Fees and Fines Chapter 85 Building Code Administration, Chapter 133,
Flood Damage Prevention and Chester 137 Freshwater Wetland
Waterbody and Watercourse Protection of the Town Code."
Be it enacted by the TOWN BOARD
of the
Town of WAPPINGER as follows:
TEXT CONIlVIENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and number
each.)
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, Chapter 85, Building Code Administration,
Chapter 133, Flood Damage Prevention, and Chapter 137, Freshwater Wetland,
Waterbody and Watercourse Protection, 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, Chapter
85, Building Code Administration, Chapter 133, Flood Damage Prevention, and Chapter
137, Freshwater Wetland, Waterbody and Watercourse Protection, of the Town Code.
Section 3: Code Amendments -Chapter 122, Fees and Fines
1. Section 122-16E.1 shall be renumbered to 122-16E.2.
2. New Sections 122-16E.1 and 122-16E.1(1) shall be added and shall read as
follows:
E.l Chapter 85, Building Code Administration.
(1) § 85-12, vacating of stop work order: $250.
3. Sections 122-16F and 122-16F.1 shall be revised to shall read as follows:
F. Chapter 133, Flood Damage Prevention.
(1) § 133-11B, floodplain development permit fee: $150.
(2) § 133-11B, escrow fund: $250 or a greater amount as determined by
the Zoning Administrator.
F.1 Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection.
(1) § 137-1OB(4), escrow fund: $1,000.
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(2) § 137-7B(6), freshwater
protection permit fee: $150.
wetland, waterbody and watercourse
4. Section 122-16I shall be revised to shall read as follows:
I. Chapter 175, Peddling and Soliciting.
(1) § 175-7B and 175-9A, application/license fee: $200 per year, plus
$50 for each addition to the original license per year.
(2) § 175-9B, weekend only permit: $35.
(3) § 175-1OB, replacement fee for lost or stolen license: $25.
5. Section 122-16N(6)(a)[1] [a] [v] shall be revised to shall read as follows:
[v] Nonhabitable accessory building (except garages):
[A] 100 square feet or less: $100.
[B] More than 100 square feet: $150 plus $0.40 per square foot.
Section 4: Code Amendments -Chanter 85, Building Code Administration
1. Section 85-5.B(5) shall be revised to read as follows:
(5) Construction of new foundations. The provisions of this section 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, one-hundred-year floodplain, flood-
prone areas, wetlands, wetland buffers, waterbodies, utility lines,
easements, right-of--ways and any other information deemed
necessary by the Enforcement Officer.
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(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 Subsection B(5)(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
section, in his or her sole discretion, where proper cause is shown.
2. Section 85-12 shall be revised to read as follows:
§ 85-12 Stop-work orders.
Whenever an Enforcement Officer has reason to believe that the work on any
building or structure is being performed in violation of the provisions of the
applicable building laws, ordinances, rules or regulations; not in conformity with
the provisions of an application; or in an unsafe and dangerous manner, he shall
notify the owner of the property, or the owner's agent, to suspend all work and
suspend all building activities until the stop-work order has been rescinded. Such
order and notice shall be in writing, shall state the conditions pursuant to which
the work may be resumed and may be served upon a person owning, operating,
occupying or maintaining the property or premises by delivering it personally to
him/her or by posting the same upon a conspicuous portion of the building where
the work is being performed and by sending a copy of the same to the owner or
operator of the property or premises by certified mail, return receipt requested, at
the address set forth in the application for the permission of the construction of
such building. Once astop-work order has been issued, there shall be a fee to
vacate the stop-work order as set forth in ~ 122-16E.1 of the Code.
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Section 5: Code Amendments -Chapter 133, Flood Damage Prevention
Section 133-11B shall be revised to read as follows:
B. Fees. All applications for a floodplain development permit shall be
accompanied by an application fee as set forth in Chapter 122, Article IV,
§ 122-16F(1) of the Town of Wappinger Code. In addition, the applicant
shall be responsible for reimbursing the Town of Wappinger for any
additional costs necessary for review, inspection and approval of this
project. The Code Enforcement Officer or Zoning Administrator shall
require the applicant to fund and maintain an escrow account in accordance
with Chapter 122, Article IV, § 122-16F(2) of the Town of Wappinger
Code, to cover these additional costs.
Section 6: Code Amendments -Chapter 137, Freshwater Wetland, Waterbody
and Watercourse Protection
A new Section 137-7B(6) shall be added and shall read as follows:
(6) An application fee as set forth in Chapter 122, Article IV, § 122-16F.1(2) of
the Code.
Section 7: 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 8: 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 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
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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 10: Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by the lylunicipal Home Rule Law.
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