LL #12-2013Local 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.
❑ County
❑ City of Wappinger
0 Town
❑ Village
Local Law No. 12 of the year 20 13
A local law entitled "Local Law No. 12 of 2013 Which Would Amend Chapter 122, Fees and Fines,
(Insert Title)
Chapter 85, Building Code Administration, Chapter 133, Flood Damage Prevention,
and Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection, of the
Town Code"
Be it enacted by the Town Board of the
(Name of LegisFaffv-e-go—dyT
❑ County
❑ City of Wappinger as follows:
V 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 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 arnount as determined by
the Zoning Administrator.
F.1 Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection.
(1) § 137-1OB(4), escrow fund: $1,000.
1)
(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 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
hiin/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 a stop -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.
M
Section 5: Code Amendments — Chapter 133, Flood Damage Prevention
Section 133-I1B shall be revised to read as follows:
B. Fees. All applications for a floodplain developinent pennit 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 confinned.
Section S: 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: Separabilitv
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\5001Wappinger\CodeAmendmts20131misc code amends 6-30-13 clean.dhs.doc
on
(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. 12 of 20 13 of
the Y) Pty)(Town)(V;990 of Wappinger was duly passed by the
Town Board on August 26 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
(Name of Legislative Body)
(repassed after disapproval) by the
on 20 and was (approved)(not approved)
(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)
was duly passed by the
on 20 -and was (approved)(not approved)
(repassed after disapproval) by the on ?0 . Such local
(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.
* 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
S. (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 i the a ner indicated in
paragraph __ above.
Clerk of th unty legislative odv. ity, own or ge Clerk or
officer de ' ated by to al le islative body
(Sea/) Date: q[d V11
(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
Date.-
DOS-239
ate:
DOS-239 (Rev. 05/05)
Wappinger
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