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2026-22026-2 Resolution Introducing Local Law No. 2 Of 2026 Amending Chapter 122 Of The Town Code Amending Fee Schedule On Legalization Fees 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 January 12, 2026. The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll being called, the following was recorded: ✓ Vote Record - Resolution RES -2026-2 Yes/Aye No/Nay Abstain Absent 2 Adopted ❑ Adopted as Amended Joseph D. Cavaccini Mover Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled Heather O'Dell Voter Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Seconder Q ❑ ❑ ❑ Al Casella Mover Q ❑ ❑ ❑ The following Resolution was introduced by Supervisor Cavaccini and seconded by Councilman Phillips. WHEREAS, the Town Board wishes 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 looking to follow the law, while reserving enforcement fees for repeat or unaddressed violations, and WHEREAS, the current Fee Schedule of the Town Code mandates a "legalization fee" be paid by residents wishing to remedy violations on residential properties, and WHEREAS, it is the intent of the Town Board to not levy such penalties onto residents who are obtaining building permits to legally correct their violations, 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, and NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. 2 of 2026 in the form annexed hereto; 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. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing(s) on the proposed amendments to the Town Code. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. 2 of 2026 for 7:00 PM on the 12th day of January 2026 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 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; The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph D. Cavaccini, Al Casella SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, O'Dell, Phillips, Casella Dated: Wappingers Falls, New York 1/12/2026 The Resolution is hereby duly declared Adopted. JOSE". PAOLONI, TOWN CLERK LOCAL LAW NO. 2 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. M 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. vi 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. M Hot tub: $100. IhL Renovations: RL 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): LqL 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: M 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] n 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] LqL Residential municipal search: $175. fhL 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] M 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] LL 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 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] [141 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]