LL #01-2008NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing 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.
1
of the year 20 08
A local law Imposing a Temporary Town -Wide Moratorium on Residential Development.
(Insert Title)
Be it enacted by the Town Board of the
(Name ofLegislative Body)
❑ County
❑ City of WAPPINGER
0 Town
❑ Village
SEE LOCAL LAW ATTACHED
as follows:
(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 NO. 1 OF THE YEAR 2008
A Local Law entitled Local Law No. 1 of the Year 2008, Imposing a Temporary Town -
Wide Moratorium on Residential Development.
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section -I: TITLE.
This Local Law shall be known and cited as Town of Wappinger Local Law No. 1 of
2008 entitled "Local Law No. 1 of the Year 2008, Imposing a Temporary Town -Wide
Moratorium on Residential Development."
Section -II: PURPOSE AND INTENT.
A. It is the intention of the Town Board of the Town of Wappinger in enacting this Local
Law to temporarily suspend Residential Development, as defined in Section IV herein, by
the imposition of a temporary moratorium on the issuance of permits and approvals for
such Residential Development for a period of six (6) months from the effective date of
this Local Law. Provision is made in this Local Law to allow for extension of the six
month moratorium if necessary.
B. The Town Board previously established a Comprehensive Plan Committee to review the
Town's current Comprehensive Plan and to assist in drafting a New Comprehensive Plan.
The Comprehensive Plan Committee has held informational meetings and sent
questionnaires to obtain input from the residents of the Town. Based on this public input
and its deliberations, the Comprehensive Plan Committee prepared a first draft of the
New Comprehensive Plan and forwarded it to the Town Board for its review. The Town
Board reviewed the first draft and directed that a second draft of the New Comprehensive
Plan be prepared. The second draft the New Comprehensive Plan was prepared and
public hearings were held thereon by the Town Board and the Comprehensive Plan
Committee. Comments from the public were received at the public hearings and the
Town Board is currently reviewing those comments in order to determine what revisions
are necessary to the second draft of the New Comprehensive Plan.
C. When finally adopted, it is anticipated that the New Comprehensive Plan will make
recommendations to adjust the boundaries of Zoning Districts as established on the Town
Zoning Map and recommendations related to revisions of the land use regulations of the
Town, including the Zoning Code. It is also anticipated that the Town Board shall then
revise the Town Code and Zoning Map accordingly.
D. The purpose of this temporary moratorium is to preserve the status quo of Residential
Development in the Town of Wappinger pending the completion and adoption of the
Town's new Comprehensive Plan and the enactment of associated revisions and additions
to the land use regulations contained in the Town Code.
E. The adoption of a New Comprehensive Plan and the amendment of the Town's land use
regulations will properly guide future growth throughout the Town in the near-term and
on a long range basis in order to:
1. promote the general public health, safety and welfare;
2. preserve the character and the quality of life in the neighborhoods within the
Town;
3. ensure that the physical infrastructure of the Town is adequate to provide essential
services to residents of the Town and that sufficient financial resources are
available to support and maintain said infrastructure;
4. create a proper balance between and among residential, commercial, industrial
and public uses within the Town;
5. consider and incorporate the statement of policies, principles and guidelines in the
document entitled "Greenway Connections: Greenway Compact Program and
Guides for Dutchess County Communities" dated March 8, 2000, adopted by the
Town of Wappinger as set forth in Local Law 1 of 2002;
6. preserve the natural beauty and the natural resources of the Town and promote
passive and active recreational uses through the creation, preservation and
protection of open spaces and recreational lands;
7. preserve, protect and enhance the existing watersheds, aquifers, streams, ponds
and lakes in the Town of Wappinger, by adoption and enforcement of land use
regulations that foster the reduction of pollution from stormwater runoff;
8. preserve and protect historic districts and structures within the Town;
9. maintain and appropriately expand the commercial and industrial uses within the
Town in order to expand the local economy, broaden the tax base and promote
local job growth; and
10. properly manage growth in the Town in such a way to alleviate traffic congestion
on roads, streets and highways within the Town.
F. The temporary moratorium is being limited to Residential Development because the
majority of acreage available for potential development in the Town is zoned for
residential uses. Only a small amount of acreage with potential for future development is
zoned for non-residential uses. Accordingly, the development of the existing
non-residential parcels will not have a substantial impact on the infrastructure of the
Town and will not adversely impact the implementation of the New Comprehensive Plan
and the adoption of new land use regulations. Additionally, non-residential uses typically
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benefit the economy of the Town and do not impose significant burdens on the
educational and recreational resources of the Town.
G. The temporary moratorium does not prohibit the review and approval of subdivisions
containing less than five (5) lots because the Town Board has determined that during the
pendency of the moratorium the cumulative effect of the approval of such subdivisions
will not have a significant impact on the infrastructure of the Town and will not adversely
impact the implementation of the New Comprehensive Plan or the adoption of new land
use regulations. In reaching this determination, the Town Board has been guided by
Public Health Law § 1115 and Article 11 of the Dutchess County Sanitary Code which
do not require Dutchess County Department of Health review of subdivisions containing
less than 5 lots.
H. During the period of this temporary moratorium, the Town Board intends to suspend land
use regulations in the Town Code which conflict with the effect and intent of this Local
Law. Further, the Town Board specifically intends to supersede the default approval
provisions of Town Law § 276 (8) and other provisions of Town Law that conflict with
the intent and operation of this Local Law.
Section -III: LEGISLATIVE FINDINGS OF FACT.
A. The Town Board hereby finds that, pending the completion of the necessary studies,
meetings, hearings, environmental review and other actions necessary and incident to
proper consideration and adoption of a New Comprehensive Plan and any revisions and
amendments of the land use regulations of the Town, reasonable measures must be taken
to maintain the status quo with reference to Residential Development within the Town in
order to protect the public interest and ensure that future land development will be
consistent with the New Comprehensive Plan.
B. The Town Board finds that the protection of the public interest and welfare is necessary
to prevent premature and inappropriate land use and development that would be
inconsistent with the New Comprehensive Plan and prospective land use regulations.
C. The Town Board finds that the temporary moratorium shall not apply to non-residential
development because there is a limited amount of undeveloped acreage within the Town
with non-residential zoning and the development of any existing non-residential parcels
will not have a substantial impact on the infrastructure of the Town, nor be inconsistent
with the planned goals and objectives of the New Comprehensive Plan.
D. The Town Board finds that the temporary moratorium shall not apply to subdivisions of
land into less than five (5) lots because the cumulative effect of the creation of such lots,
during the pendency of the moratorium, will not have a substantial impact on the
infrastructure of the Town and will not be inconsistent with goals and objectives of the
New Comprehensive Plan or the enactment of new land use regulations.
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Section -IV: DEFINITIONS.
A. RESIDENTIAL DISTRICTS. The following zoning districts established by Chapter
240 of the Town of Wappinger Code shall be deemed Residential Districts for purposes
of this Local Law:
1. R-80
2. R-40/80
3. R-40
4. R-20/40
5. R-20
6. R-15
7. R-10
8. R -2F
9. RMF -3
10. RMF -5
11. PUD Planned Unit Development District
12. MU Mixed Use District
13. HM Hamlet Mixed Use
B. RESIDENTIAL USE.
1. The following uses shall be deemed Residential Uses for purposes of this Local
Law:
(a) 1 -family dwellings,
(b) 2 -family dwellings,
(c) Multifamily dwellings,
(d) Mobile home parks,
(e) Temporary housing units (such as Elderly Cottage Housing Opportunity),
(f) Family day-care homes,
(g) Guest houses and caretaker dwellings, and
(h) a grouping of attached or detached structures, containing a mix of residential
dwelling units and any other commercial or industrial use (i.e. Mixed Use).
El
C. RESIDENTIAL DEVELOPMENT. shall be defined as an application for:
(a) a subdivision of five (5) or more lots in a Residential District;
(b) a Special Permit for a Residential Use under Chapter 240, Articles VII & VIII
of the Zoning Code;
(c) a Site Development Plan for a Residential Use under Chapter 240, Article IX
of the Zoning Code;
(d) a Petition to Rezone Property to or from a Residential District under Chapter
240, Article XIII; or
(e) a Use Variance under § 240-107(B)(2)(b) that would enable a Residential Use
in a non-residential district.
Section -V: SCOPE OF CONTROLS.
A. During the effective period of this Local Law, the Town Board, the Planning Board, the
Zoning Board of Appeals, Director of Code Enforcement, Inspectors and the Zoning
Administrator shall not permit, accept, process, interpret, deliberate upon, decide or
approve any Residential Development except as set forth in Sections VI and VII below.
Section -VI: EXCEPTIONS.
A. The foregoing restrictions on Residential Development shall not apply to the following:
Subdivisions applications of less than 5 lots in Residential Districts provided that
no new roads are required.
2. Subdivisions applications that have received Preliminary Subdivision Plat
approval prior to the effective date of this Local Law.
3. Site plans applications or special permits applications that have received
conditional approval prior to the effective date of this Local Law.
4. Applications for additions or alterations of existing structures or existing site
plans provided the same do not violate existing zoning requirements.
Section -VII: HARDSHIP.
A. Should any owner of property affected by this Local Law suffer any unnecessary
hardship in the way of carrying out the strict letter of this Local Law, then the owner of
said property may apply to the Town Board of the Town of Wappinger in writing for a
waiver from strict compliance with this Local Law upon submission of proof of such
unnecessary hardship. For the purposes of this Local Law, unnecessary hardship shall
not be the mere delay in being permitted to make an application or waiting for a decision
on the application for a special permit, site plan, subdivision, variance or other permit
during the period of the moratorium imposed by this Local Law.
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B. Procedure.
1. Upon submission of a written application to the Town Clerk by the property
owner seeking a waiver from this Local Law, the Town Board shall, within thirty
(30) days of receipt of said application, schedule a Public Hearing on said
application upon five (5) days written notice in the official newspaper of the
Town. Notice of said public hearing by regular mail, shall be provided to abutting
property owners at the address shown on the tax rolls.
2. At said Public Hearing, the property owner and any other parties wishing to
present evidence with regard to the application shall have an opportunity to be
heard, and the Town Board shall, within fifteen (15) days of the close of said
Public Hearing, render its decision either granting or denying the application for
variation from the strict requirements of this Local Law.
3. If the Town Board determines that a property owner will suffer an unnecessary
hardship if this Local Law is strictly applied to a particular property, then the
Town Board shall waive the application to this Local Law to the minimum extent
necessary to provide the property owner relief from strict compliance with this
Local Law.
Section -VIII: PENALTIES FOR OFFENSES.
Any person, firm, entity or corporation that shall construct, erect, enlarge or alter any
building or structure, in violation of the provisions of this Local Law or shall otherwise violate
any of the provisions of this Local Law shall be guilty of a violation and subject to a fine of not
less than $200.00 nor more than $1,000.00. Each day that the violation continues shall be a
separate offense.
Section -IX: CONFLICTING LAWS SUPERSEDED.
All local laws, ordinances, or parts of local laws and ordinances, of the Town of
Wappinger that are in conflict with the provisions of this Local Law are hereby suspended to the
extent necessary to give this Local Law full force and effect during the effective period of the
moratorium.
Section -X: SUPERSESSION OF THE TOWN LAW.
This Local Law is hereby adopted pursuant to Municipal Home Rules Law § 10(1)(i) and
§10(1)(ii)(a)(14) and Statute of Local Governments §10(6) of the State of New York. It is the
ON
intent of the Town Board, pursuant to Municipal Home Rules Law § 10(1 )(ii)(d)(3) to supersede
the following provisions of the New York State Town Law, Chapter 16 relating to time limits in
connection with zoning and planning determinations:
A. Town Law §265 (Public Hearing Procedure for Rezoning Application)
B. Town Law §267-a (5) (Time for ZBA to act on variance);
C. Town Law §274-a (8) (Public Hearing on Site Plan);
D. Town Law §274-a (10) (SEQRA requirements for Site Plan);
E. Town Law §274-b (6) (Public Hearing on Special Permit);
F. Town Law §274-b (8) (SEQRA requirements for Special Permit);
G. Town Law §276(5) (Procedure for Approval of Preliminary Subdivision Plats);
H. Town Law §276(6) (Procedure for Approval of Preliminary Subdivision Plats); and
I. Town Law §276(8) (Default Approval of Subdivision Plats).
Section -XI: SEVERABILITY.
A. If a court of competent jurisdiction finds any provision(s) of this law invalid, in whole or
in part, the effect of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid, and all other provisions of the law shall continue to be
separately and fully effective.
B. If a court of competent jurisdiction finds the application of any provision of this law to
any building, other structure of tract of land to be invalid, in whole or in part, the effect of
such decisions shall be limited to the person, property or situation involved in the
controversy, and the application of any such provision to any other person, property or
situation shall not be affected.
C. 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.
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Section -XII: TERM.
This Local Law shall remain in force for a period of six (6) months from its effective
date. This local law is subject to review and renewal by the Town Board of the Town of
Wappinger for two (2) additional six (6) month extensions by Town Board Resolution.
Section -XIII: EFFECTIVE DATE.
This Local Law shall take effect upon its adoption and filing with the Secretary of State
in accordance with the provisions of Section 27 of the Municipal Home Rule Law.
(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.)
I hereby certify that the local law annexed hereto, designated as local law No.
the Wx4a r*40(Qd (Town)) of WAPPINGER
Town Board on June 9th
(Name of Legislative Body)
provisions of law.
of 20 08 of
was duly passed by the
20 08 in accordance with the applicable
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
on 20 -and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the
(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
and was deemed duly adopted
of 20 of
was duly passed by the
on 20 -and was (approved)(not approved)
(Elective Chief Executive Officer*)
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
was duly passed by the
on 20 and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 . 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
5. (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 in the manner indicated in
paragraph 1 ,above.
IL W174
Clerk one courify Mgislative body, City, Town or Village Clerk or
officer 66signated by local legislative body
(Seal)
Date: ("IdZO&W
(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.
"-a 0
Signature
Albert P. Roberts - Town Attorney
Title
I0(ybf Wappinger
Town
Date: !�
DOS -239 (Rev. 05/05) Page 3 of 3