2025-205 (2)LOCAL LAW NO. OF THE YEAR 2026
A Local Law entitled "Local LawAmending Chapter 122 of the Town Code Amending
Fee Schedule on Legalization Fees."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section L• Title.
This Local Law shall be known and cited as "Local Law Amending Chapter 122 of the
Town Code Amending Fee Schedule on Legalization Fees."
Section IL• Legislative Intent.
The intent of this section is to encourage timely compliance with applicable building, fire,
zoning, and property maintenance codes by owners of residential structures through
voluntary remediation, not financially penalizing residents lookingto follow the law, while
reserving enforcement fees for repeat or unaddressed violations. This section shall apply to all
residential structures, including one -family and two-family dwellings and multifamily
residential buildings, as defined by the Town Code.
Section III: Amendment of Fee Schedule
§ 122-16 Fee Schedule. (6) § 240-108, "building permit fees" amended to read as
follows:
§ 122-16 Fee Schedule.
§ 240-108, building permit fees:
Construction:
M
Residential:
[Amended 6-14-2004 by L.L. No
LqL
New construction and additions -
10 -2004]
permit application fee of $150 plus:
RL
One- and two-family homes, and modular dwelling: $0.75 per square foot of living space.
[Amended 3-13-2006 by L.L. No. 3-2006; 3-12-2007 by L.L. No. 5-2007; 9-27-
2010 by L.L. No. 3-2010]
Editor's Note: This amendment took effect 1-25-2010.
ii
Manufactured homes: $0.40 per square foot of living space.
[Amended 9-27-2010 by L.L. No. 3-2010]
Editor's Note: This amendment took effect 1-25-2010.
iii
Carports/garages (use square footage of ground floor only for two-story garages): $0.40
per square foot.
[Amended 3-13-2006 by L.L. No. 3-2006; 9-27-2010 by L.L. No. 3-2010]
Editor's Note: This amendment took effect 1-25-2010.
iv
Porches/Decks:
LAL
Covered, screened, and/or enclosed, without heat: $0.40 per square foot. Porches or
decks which are enclosed with heat may be considered to be living space subject to the
applicable charge for living space.
[Amended 9-27-2010 by L.L. No. 3-2010]
Editor's Note: This amendment took effect 1-25-2010.
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Open deck: $0.25 per square foot, or the minimum fee of $100, whichever is greater.
[Amended 3-13-2006 by L.L. No. 3-2006]
NL
One-story nonhabitable accessory building without utilities (except garages):
[Amended 3-13-2006 by L.L. No. 3-2006; 9-27-2010 by L.L. No. 3-2010; 8-26-
2013 by L.L. No. 12-2013; 8-8-2016 by L.L. No. 4-2016; 3-11-2019 by L.L. No. 1-2019]
LAL
Not greater than 72 square feet of floor area: $50.
M
Greater than 72 square feet and not greater than 200 square feet of floor area: $100.
Greater than 200 square feet of floor area: $100 plus $0.40 per square foot.
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Other new construction:
[Amended 3-13-2006 by L.L. No. 3-2006]
LAL
Pools.
[Amended 9-27-2010 by L.L. No. 3-2010]
{1} Aboveground pool: $150.
[Amended 8-8-2016 by L.L. No. 4-20161
{2} In -ground pool: $250.
Editor's Note: This amendment takes effect 1-25-2010.
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Hot tub: $100.
IhL
Renovations:
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One-half of "new construction and additions" costs in Subsection N(6)(a)f1][a] above.
ML
Commercial, including, among other things, apartment buildings and multifamily homes,
except two-family homes, which are addressed in "residential," above. (references herein
are to use and occupancy classifications as set forth in the New York State Building
Code):
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New construction: permit application of $250 plus:
[Amended 3-12-2007 by L.L. No. 5-2007; 9-27-2010 by L.L. No. 3-2010]
UL
For Use and Occupancy Classifications A, E, F, H, I, R-3 and R-4, the fee is $1.50 per
square foot up to and including 5,000 square feet, plus $0.75 per square foot over 5,000
square feet.
ii
For Use and Occupancy Classifications B and M, the fee is $1.20 per square foot up to
and including 5,000 square feet, plus $0.60 per square foot over 5,000 square feet.
iii
For Use and Occupancy Classifications S and U, the fee is $1 per square foot up to and
including 5,000 square feet, plus $0.50 per square foot over 5,000 square feet.
Editor's Note: This amendment takes effect 1-25-2010.
IhL
Renovations:
RL
One-half of new construction costs in Subsection N(6)(a)F21[a] above.
Demolition: $100 minimum fee up to 2,000 square feet, plus $0.10 per square foot over
2,000 square feet.
[Amended 3-13-2006 by L.L. No. 3-2006]
Alterations and structural repairs (Building Department has discretion to determine
whether an applicant's project is an alteration, a structural repair or a renovation.): $50
per inspection/visit; Building Department will estimate number of visits based on the
nature of the permit.
Certificate of occupancy (includes new C/O and a C/O for change in use or for change in
occupant): $250.
[Amended 9-27-2010 by L.L. No. 3-2010]
Editor's Note: This local law provided that the fees set forth therein would take effect
retroactively as of 1-25-2010.
Other building permit fees:
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Fireplace/stove/chimney: $150.
[Amended 3-13-2006 by L.L. No. 3-2006; 9-27-2010 by L.L. No. 3-2010]
1191
Editor's Note: This local law provided that the fees set forth therein would take effect
retroactively as of 1-25-2010.
ML
Replacement of furnace/boiler (includes hot water/heat/plumbing alterations and central
air conditioning systems): $150.
[Amended 3-13-2006 by L.L. No. 3-2006; 9-27-2010 by L.L. No. 3-2010]
Editor's Note: This local law provided that the fees set forth therein would take effect
retroactively as of 1-25-2010.
fiL
Electrical upgrades (includes change of electrical service, any extensions of electric
facilities, adding new outlets/switches/fixtures): $50.
[Amended 3-12-2007 by L.L. No. 5-2007; 9-27-2010 by L.L. No. 3-2010]
Editor's Note: This local law provided that the fees set forth therein would take effect
retroactively as of 1-25-2010.
Tent (temporary permit for outdoor sales on commercial site): $100.
[Amended 3-12-2007 by L.L. No. 5-2007]
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Compliance fee for structure or use for which no permit or C/O was obtained: $250, plus
cost of building permit for structure/use.
[Amended 9-27-2010 by L.L. No. 3-2010]
Editor's Note: This local law provided that the fees set forth therein would take effect
retroactively as of 1-25-2010.
n
Reinspection fee for prior noncompliance (third and subsequent visits). $50 per visit.
EL
C/O and/or municipal violation search.
[Amended 7-5-2005 by L.L. No. 9-2005; 9-27-2010 by L.L. No. 3-2010u]
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Residential municipal search: $175.
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Commercial municipal search: $325 per building.
Editor's Note: This local law provided that the fees set forth therein would take effect
retroactively as of 1-25-2010.
LE
Outdoor seating fee per year: $150 for the first six seats or portion thereof, plus $25 for
each additional seat.
[Added 1-28-2013 by L.L. No. 6-2013]
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Portable storage unit- $100.
[Added 1-28-2013 by L.L. No. 6-2013]
1101
Standby generator- $150.
[Added 8-8-2016 by L.L. No. 4-2016]
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Inspections outside business hours- $250.
[Added 8-8-2016 by L.L. No. 4-2016]
[121
Remove stop -work order- $250.
[Added 8-8-2016 by L.L. No. 4-2016]
[131
Legalization fee- $2-5G.
Commercial- $250.
Residential- First Occurrence ® $0.00.
Upon the first occurrence of code violations identified on a residential structure, no
legalization fee shall be assessed, provided that:
a. The property owner applies for and obtains all required building permits to correct the
identified violations; and
b. The violations are fully corrected, approved, and closed out by the Building Department
in accordance with applicable codes and permit requirements.
Second Occurrence or Failure to Timely Correct - $250.
A legalization fee in the amount of Two Hundred Fifty Dollars ($250.00) shall be assessed
when:
a. Additional code violations are identified on the same residential structure within one (1)
year of the close-out date of the initial violations; or
b. The property owner fails to fully correct and close out the initial violations within one (1)
year from the date of issuance of the first notice of violation.
The assessed legalization fee shall be due and payable at the time of application for any
required building permit associated with the correction of such violations.
Separate and Continuing Violations
Each separate inspection event identifying new or unresolved violations may constitute a
distinct occurrence for purposes of this section.
[Added 8-8-2016 by L.L. No. 4-2016]
LL
Amend building permit: $50.
[Added 8-8-2016 by L.L. No. 4-2016]
Uniform Solar Permit. Application fee: $150.
[Added 7-11-2016 by L.L. No. 2-2016]