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2013-1882013-188 Resolution Adopting 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 August 26, 2013. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: • Supervisor Councilmembers ABSENT: Barbara Gutzler William H. Beale Vincent F. Bettina Ismay Czarniecki Michael Kuzmicz 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, 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 adopts Local Law _ of 2013; 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. 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 8/26/2013 The Resolution is hereby duly declared adopted. J ICA FULTON, DEPUTY TO 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, 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 -Chanter 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.1 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) § 13 7- l OB (4), escrow fund: $1,000. (2) § 137-7B(6), freshwater wetland, waterbody and watercourse protection permit fee: $150. 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 -Chapter 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 benclunark 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. 3 (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 regul~.tions; 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 inay 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. 4 Section 5: Code Amendments -Chanter 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, 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. 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 snake 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 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 Municipal Home Rule Law. J:\DOCS2\500\Wappinger\CodeAmendmts2013\misc code amends 6-30-13 clean.dhs.doc 6