LL #1New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
LAlbany, 12231-0001
Local Law Filing
www. dos. state. ny. us/corps
(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 Ox Town ❑Village
(Select one.)
of Wappinger
Local Law No. of the year 2014
A local law Amendments to Town of Wappinger Zoning Code Establishing Standards for Outdoor
(Insert Title)
Seating and Dimensional Requirements of Off -Street Parking
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑County ❑City Fx Town ❑Village
(Select one.)
of Wappinger as follows:
(TEXT COMMENCES OF FOLLOWING PAGE)
(if additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -0239 -f -I (Rev. 06112) Page 2 of 4
LOCAL LAW NO. OF THE YEAR 2014
TOWN OF WAPPINGER
A Local Law entitled "Local Law No. of the Year 2014, Amendments to Town of
Wappinger Zoning Code Establishing Standards for Outdoor Seating and Dimensional
Requirements of Off -Street Parking."
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.
of the Year 2014, Amendments to Town of Wappinger Zoning Code Establishing Standards for
Outdoor Seating and Dimensional Requirements for Off -Street Parking" and by the adoption
thereof shall establish new sections of the Code, § 240-36.2 and § 240-86.5 as well as
amendments to existing § 240-86.R and § 240-96.B and C.
Section H: Legislative Intent and Purpose:
The legislative intent and purpose of this Local Law is to establish the standards for
outdoor seating for existing restaurants and other food service establishments by permitting the
Zoning Administrator to authorize the issuance of a building permit to permit the placement of
outdoor seating for existing restaurants and other food service establishments not to exceed
sixteen (16) seats, to establish standards pursuant to which the Planning Board may approve
outdoor seating as part of a site development plan approval, and to revise the dimensional
requirements for off-street parking facilities.
Section III: Amendment to the Code:
The Town Board hereby adopts Town of Wappinger "Local Law No. of the Year
2014, Amendments to Town of Wappinger Zoning Code Establishing Standards for Outdoor
Seating and Dimensional Requirements of Off -Street Parking' and hereby establishes a new
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§ 240-36.2 and a new § 240-86.S and amends existing § 240-86.R and § 240-96.B and C.
1. The following new sections of the Town Code are hereby created and
established:
"SECTION 240-36.2
§ 240-36.2 Outdoor tables and seating for existing restaurants or other food service
establishments.
A. It is the purpose of this section to establish the circumstances and conditions pursuant
to which existing restaurants or other food service establishments shall be authorized
to provide outdoor tables and seating (hereinafter "outdoor seating") for patron use on
the same parcel on which the establishment is located. Outdoor seating or "al fresco
dining" has become very popular in this community, and indeed in this country.
Consequently, in recent years, the Town's Zoning and Building Departments have
received numerous requests from existing restaurants and other food service
establishments to permit outdoor seating. In some instances, many of these
establishments have simply placed tables and outdoor seating adjacent to their
establishments without obtaining requisite zoning approvals as required by the Town
Zoning Code. It is the intention of this section to specifically identify the criteria,
standards and conditions pursuant to which an existing restaurant or other food
service establishment may obtain permission for placement of outdoor tables and
seating for patron use. Subject to the following provisions, authorization for outdoor
seating for sixteen (16) or fewer patrons may be approved by the Zoning
Administrator upon concurrence and review of the proposed seating by the Town's
Fire Inspector or similar such official. Except as provided in this sub -section, all other
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requests for outdoor seating shall require site development plan approval pursuant to
Article IX of the Town's Zoning Code.
B. The Zoning Administrator, upon review and approval of the Town's Fire Inspector or
similar such official, is hereby authorized to approve outdoor seating for sixteen (16)
or fewer patrons on the same lot as the restaurant or other food service establishment
on the following conditions:
(1) The request for authorization for such outdoor seating shall be made in writing
and signed by the owner of the restaurant or other food service establishment
and shall contain a sketch plan of the location and placement of the proposed
outdoor seating;
(2) The proposed outdoor seating shall be for sixteen (16) or fewer patrons;
(3) The outdoor seating shall be placed/located on the same lot as the restaurant
or other food service establishment and such outdoor seating shall be located
adjacent to the restaurant or other food service establishment, but shall not be
located within parking areas;
(4) The sketch plan shall be reviewed by the Town's Fire Inspector or similar
such official for determination of compliance with the New York State
Uniform Code or the New York State Fire Code for compliance with safety
provisions;
(5) The outdoor seating shall only be permitted on sidewalks, pavement,
landscaped areas, or other areas consisting of natural materials providing a
level, stable base for such outdoor seating;
(6) Such outdoor seating shall be prohibited on platforms;
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(7) Such outdoor seating, and any related appurtenances such as tables, chairs,
umbrellas, planters, dividers, and related outdoor ornaments, shall be placed
and/or located so as to create at least three feet of unimpeded pedestrian
sidewalk clearance, shall not be placed/located in parking areas and shall be
placed/located so as not to obstruct doorways, means of ingress and egress or
otherwise impede or obstruct designated fire lanes;
(8) All food and beverages served by the restaurant or other food service
establishment shall be sold and dispensed from the interior of the
establishment; in the event the establishment is licensed to serve alcoholic
beverages, the establishment shall be required to obtain all applicable
approvals from the New York State Liquor Authority and/or the New York
State Alcoholic Beverage Control Board (SLA and ABC), and proof of such
approvals shall be submitted to the Town's Zoning Administrator prior to
issuance of any Certificate of Occupancy or Certificate of Compliance as
hereinafter provided;
(9) The Zoning Administrator is expressly prohibited from authorizing any
outdoor music or sound amplification in connection with any approval for
outdoor seating under this section;
(10) Upon review and approval by the Zoning Administrator and the Town Fire
Inspector as stated above, the Town's Code Enforcement Officials shall be
then authorized to issue a Building Permit for such outdoor seating and upon
verification of construction compliance with the conditions of approval, a
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Certificate of Occupancy and/or Certificate of Compliance shall be issued to
authorize such outdoor seating."
"SECTION 240-86.S
§ 240-86.S
S. Outdoor music or sound amplification associated with any restaurant or other food
service establishment shall only be permitted in the following Zoning Districts: SC,
HB, GB, HD, and shall be further subject to the issuance of a Special Use Permit upon
demonstration of compliance with the following Special Use Permit conditions:
(1) Demonstration of ability to comply with the Town's Noise Code;
(2) Any source of outdoor music or sound amplification shall be located at a
minimum distance of 400 feet from any residential property."
2. The following sections are hereby amended to read as follows:
"SECTION 240-86.R
§ 240-86.R Outdoor tables and seating for restaurants or other food service
establishments.
R. Except as provided in sub -section 240-36.2 of the Zoning Code, all applications for
outdoor tables and seating (hereinafter "outdoor seating") shall require site
development plan approval or amended site development plan approval in accordance
with Article IX of the Zoning Code and shall be subject to the following criteria:
(1) Such outdoor seating, and any related appurtenances, such as tables, chairs,
umbrellas, planters, dividers, or outdoor ornaments, shall be placed and/or
located so as to create at least three feet of unimpeded pedestrian sidewalk
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clearance and shall be placed/located so as not to obstruct doorways, means of
ingress and egress or otherwise impede or obstruct designated fire lanes;
(2) If such outdoor seating is proposed within ten (10) feet of any existing or
proposed parking spaces, safety barriers shall be provided between the
parking areas and such outdoor seating;
(3) No outdoor service bar or counter shall be permitted without the approval of
the New York State Liquor Authority and/or the New York State Alcoholic
Beverage Control Board (SLA and ABC), and such proof of such approvals
shall be submitted to the Town's Zoning Administrator prior to the issuance of
any Certificate of Occupancy or Certificate of Compliance as hereinafter
provided."
"SECTION 240-96.11 and C
§ 240-96.B
B. Dimensional requirements. All off-street parking facilities shall comply with the
following minimum dimensional requirements:
(1) Standard parking lots and spaces. Except as otherwise set forth below, all off-
street parking spaces shall be at a ninety -degree angle and at least nine feet in
width and 18 feet in length with a two-way 24 -foot wide maneuvering aisle.
Curbs shall be kept to a maximum height of six inches, and 1.5 feet of the
required parking space length shall be allowed to overhang islands, provided
that there is no interference with sidewalks or landscaping. Such bumper
overhang area shall be considered part of the parking space and shall not be
counted toward meeting minimum yard setbacks or perimeter buffer
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screening area requirements. In this latter case, the paved length of the parking
space shall be 16.5 feet.
(2) Employee and commuter parking. Employee and commuter parking spaces,
which are intended for long-term use with low turnover, may be reduced to a
minimum of 8.5 feet in width where permitted by the Planning Board. For
retail or service businesses or other similar types of uses designed to attract
the general public, such reduced width employee parking spaces shall not
exceed 10% of the total required or provided parking, whichever is less. All
employee parking spaces shall be clearly identified and limited in their use by
appropriate location, signage and/or pavement markings.
(3) Handicapped -accessible parking spaces. Parking spaces for the handicapped
shall be at least eight feet in width and shall have an adjacent access aisle at
least eight feet in width or as otherwise required by the New York State
Uniform Fire Prevention and Building Code, as amended. The minimum
number of accessible spaces shall also be as required by State Code. An eight -
foot -wide access aisle may be shared by two adjacent handicap parking spaces
and shall be part of an accessible route to the building or use which it is
designed to serve. The minimum vertical clearance for handicapped -
accessible spaces and vehicular access routes to and from such spaces shall be
nine feet six inches on the entry level of any parking structure and eight feet
two inches on all other levels. Such spaces shall be appropriately located and
clearly identified and limited in their use by appropriate signage and pavement
markings.
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(4) Shopping center parking. Shopping centers which exceed 100,000 square feet
of gross floor area shall be required to provide a minimum of 4.5 parking
spaces for every 1,000 square feet of gross floor area.
(5) Ninety -degree, angled and parallel parking. All parking spaces shall be
designed at a ninety -degree angle with a two-way maneuvering aisle unless a
different width or angle is permitted or required by the Planning Board based
upon the unique size, shape and/or function of the parking facility. In those
circumstances where the Planning Board does permit parking at an angle other
than 90°, circulation in each maneuvering aisle shall be limited to one-way
only. The following is a table of minimum parking space and maneuvering
aisle dimensions (see also Parking Detail Figures 1, 2 and 3, Editor's Note:
Said figures are located at the end of this chapter which graphically illustrate
these requirements):
Parking
Parking
Parking
Maneuvering •
Wall to Wall
Interlock
Angle
Space
Space
Aisle Width
Double
to
(degrees)
Depth
Depth to
(feet)
Parking
Interlock
to Wall
Interlock
Bay
Double
(feet)
(feet)
Dimension
Bay
(feet)
Dimension
(feet)
900
18.0
18.0
24.0
60.0
60.0
750
19.5
18.5
21.0
60.0
58.0
600
20.0
17.75
17.5
57.5
53.0
450
19.0
15.75
15.0
53.0
46.5
00
9.0
22.00
15.0
33.0
NA
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C. Landscaping. It has been determined by the Wappinger Town Board that large
unbuffered expanses of parked, stored and/or displayed vehicles represent an impairment to the
visual environment of the Town. The Town Board's purpose in promulgating the following
provisions is to minimize such impairment while balancing the rights of the business community,
private property owners and the general public. Therefore, except for parking spaces accessory to
a one -family dwelling, all off-street parking areas shall be curbed and landscaped with
appropriate trees, shrubs and other plant materials and ground cover, as approved by the
Planning Board based upon consideration of the adequacy of the proposed landscaping to assure
the establishment of a safe, convenient and attractive parking facility with a minimum amount of
maintenance, including plant care, snow plowing and the removal of leaves and other debris.
(1) The Planning Board shall also have the authority to require berming and/or substantial
year-round vegetative screening between parking areas and the site's frontage(s) where
the Board deems that such buffering will not significantly adversely affect the ability of
the public to identify the location of the subject use and, in the case of motor vehicle
dealerships, where the Board deems that a sufficient display of vehicles is achieved.
Notwithstanding the sentence immediately above, no obstruction to driver vision shall be
erected or maintained on any lot within the triangle formed by the street line of such lot,
the outer edge of the access driveway to the parking area and a line drawn between points
along such street line and access drive 30 feet distant from their point of intersection.
(2) In all off-street parking facilities which contain 25 or more parking spaces, at least 10%
of the total parking facility within the parking perimeter, excluding areas occupied by
parking structures, shall consist of landscaped islands, as follows, except that the
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Planning Board may waive or modify the requirement for good cause and in the interest
of good design where there are fewer than 50 parking spaces:
(a) Landscaped islands shall be located at the ends of each parking bay which
contains 10 or more spaces, separating adjacent rows of parking spaces at least
every second parking bay and elsewhere as determined appropriate by the
Planning Board to properly guide vehicle movement, to provide for plant growth
and vehicle overhang, to provide for pedestrian circulation and to otherwise help
assure proper traffic circulation, pedestrian safety and aesthetics. Such landscaped
islands and the plantings within them shall be designed and arranged so as to
provide vertical definition to major traffic circulation aisles, entrances and exits; \
to safely channel internal traffic flow; to prevent indiscriminate diagonal
movement of vehicles; to provide cooling shade and relief from the visual impact,
monotony and heat of large expanses of paved areas; and, where appropriate, to
accommodate stormwater management practices such as bi'oretention areas,
swales and sand filters.
(b) Unless modified by the Planning Board, the minimum width of landscaped islands
shall be six feet where located at the ends of parking bays and eight feet where
separating opposing rows of parking spaces or adjacent to circulation aisles. All
corners shall be rounded with a curb radius of not less than three feet unless
otherwise required by the Planning Board.
(c) The landscaping of off-street parking areas shall include at least one shade tree of
not less than three inches caliper for each six parking spaces. Main traffic
circulation aisles shall be emphasized with such shade trees. Other landscaped
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islands may be planted with flowering trees and/or other plantings, as appropriate.
This is in addition to ground cover, shrubs and hedges which are to be provided
where appropriate to serve their intended function while not interfering with safe
sight distance for pedestrians and vehicles.
(d) The Planning Board may also permit non -landscaped islands, if appropriate for
purposes such as pedestrian circulation, snow storage and so forth. Such islands
shall not be less than four feet in usable width.
(3) Parking structures. The Planning Board may require planters or similar forms of
landscaping to be provided on the top level of a parking structure, in addition to any other
landscaping which may be required to screen the view of the structure itself.
(4) Screening. In addition to buffer areas required pursuant to § 240-96C(2) above, all off-
street parking and loading facilities shall also be attractively landscaped along their
periphery. Such landscaped screening shall be a minimum of six feet in width, excluding
permitted vehicle overhang areas. It shall consist of evergreen planting of such type,
height, spacing and arrangement as, in the judgment of the Planning Board, will serve the
intended function. The Planning Board may allow or require a landscaped berm, wall or
fence of location, height, design and materials determined suitable by the Board to be
substituted for or to supplement the required screen planting.
(5) Species. New planting shall be comprised of appropriate native species and shall not
incorporate invasive species."
Existing Parking Detail Figures 1, 2 and 3, also known as 240 Attachments 5:1, 5:2 and 5:3,
respectively, shall be deleted and replaced with the figures on the following three pages.
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Section IV: 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 to accomplish such intention; the
Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be
changed to "Chapter," "Section" or other appropriate word as required for codification; and any
such rearranging of the numbering and editing shall not effect the validity of this Local Law or
the provisions of the Code effected thereby.
Section V: 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 VI: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of State as
provided by law.
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H: HANDICAPPED
Figure l:
TYPICAL PARKING LOT / SPACES
Not to Scale
Frederick P. Clark Associates, Inc.
January 2014
240 Attachment 5:1
BUILDING
16.5'
9.0' �-I
24'
6.0' 1 '
MIN.
18'
DOUBLE INTERLOCK 60'
PARKING BAY i
8.0' MIN. LANDSCAPED ISLAND
111111.6116
35' — — — — — — — — — — 41.
i7T71Tn16.5'
MANEUVERING AISLE — TWO
—y WAY
8' 8' 8'
HJH30.0'36'
H HLANDSCAPED ISLANDS 24'
w
J
16.5'
Q
Z O -'MIN. ------
O
H
CIRCULATION AISLE
U
Figure 2:
SAMPLE PARKING LOT/ SPACES
Not to Scale
Frederick P. Clark Associates, lnc.
January 2014
240 Attachment 5:2
Wall
Curb
A: Parking Space Depth to Wall
B: Maneuvering Aisle Width
C: Parking Space Depth to Interlock
D: Parking Angle
Figure 3:
SAMPLE PARKING LAYOUT - ANGLED PARKING
Not to Scale
Frederick P. Clark Associates, Inc.
January 2014
240 Attachment 5:3
(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. 1 of 2014 of
the tOOC*Y' M*)(Town)()S QQA of Wappinger was duly passed by the
Town Board on March 24 2014 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
on 20 and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20m, 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*)
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 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 . Such local
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 -0239 -f -I (Rev. 06/12) Page 3 of 4
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 w ,a1Wado d in anner indicated in
paragraph above. �lsJ
uiepryr the county iegrsrative -Doay, city, i own or vmage cierK or
o designated by local legislative body
<Sea/) ate: �� L(
DOS -0239 -f -I (Rev. 06112) Page 4 of 4