Loading...
2024-1492024-149 Resolution Introducing Local Law No. 2 Of 2024 Which Would Amend Chapter 217, Zoning, Of The Town Code With Respect To A Variety Of Definitions 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 June 24, 2024. 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 -2024-149 Yes/Aye No/Nay Abstain Absent ❑ Adopted Q Adopted as Amended Joseph D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter 2 ❑ ❑ ❑ ❑ Tabled Angela Bettina Seconder Q El El ElElWithdrawn Christopher Phillips Mover Q ❑ ❑ ❑ Al Casella Voter 2 ❑ ❑ ❑ The following Resolution was introduced by Councilman Phillips and seconded by Councilwoman Bettina. WHEREAS, the Town Board is considering the adoption of Local Law No. 2 of 2024 which would amend Chapter 217, Zoning, of the Town Code with respect to a variety of matters; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the amendment of Chapter 217, Zoning, Chapter 217, Subdivision of Land of the Town Code with respect to a variety of matters; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); 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 WHEREAS, a Determination of Significance has not yet been made with respect to the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. 2 of 2024 in the form annexed hereto. I The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law No. 2 of 2024 for 7:00 PM on the 8 day of July, 2024 and the Town Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal not less than five (5) days prior to said Public Hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local 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 five (5) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the New York State General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Dated: Wappingers Falls, New York 6/24/2024 The Resolution is hereby duly declared Adopted as Amended. JOSEPIj P. PAOLONI, TOWN CLERK NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) Draft: 6-20-24 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. Town of WAPPINGER Local Law No. 2 of the year 2024 A local law entitled "A Local Law 2 of the year 2024 for the Purpose of Amending Chapter 217, Zoning, of the Town Code with Respect to a Variety of Definitions." Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) LOCAL LAW No. 2 OF THE YEAR 2024 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 No. 2 of 2024, for the Purpose of Amending Chapter 217, Zoning, of the Town Code with Respect to a Variety of Matters." Section 2. Legislative Intent The Town Board believes that it is reasonable and appropriate to update and amend Chapter 217, Zoning, of the Town Code with respect to a variety of matters. 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. Section 3. Amendments to Chapter 217, Zoning 1. Section 217-9 Definitions, shall be amended to read as follows: § 217-9(a). Word usage. 1. Except where specifically defined herein, all words in this chapter shall carry their customary meanings. 2. The word "shall" is always mandatory. The word "may" is always permissive. The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and 'occupied for." § 217-9 (b). Definitions. APPLICANT, SUBDIVIDER —Any person, firm, corporation, partnership, association or other entity who or which shall lay out any subdivision or re -subdivision, or part thereof, either on behalf of himself or for another or others. ATTORNEY or TOWN ATTORNEY — The Attorney of the Town of Wappinger. BUILDABLE AREA—The space remaining on a lot after the minimum yard, area and bulk requirements of this chapter have been met. BUILDABLE LOT — A lot having a buildable area capable of accommodating proposed principal and accessory improvements, and including, where required, an on-site water supply facility and sewage treatment system that meet the standards of the Dutchess County Department of Health. A buildable lot shall also adjoin and have access to an improved street. BUILDABLE YIELD — The number of potential building lots or the maximum unit density for a proposed subdivision after deduction of constrained land areas and public improvements on the parent parcel and the minimum yard, area and bulk requirements for each proposed lot have been met. 2 BUILDING CODE — The official New York State Uniform Fire Prevention and Building Code as adopted by the Town Board, together with any and all amendments thereto. BUILDING PERMIT — An application form for a building permit or use permit obtainable from the Building Inspector or his or her appointed assistant. CERTIFICATE OF OCCUPANCY — A permit to occupy and use a building. CLUSTERING — shall mean a subdivision plat or plats, in which the applicable zoning ordinance may be modified what is allowed to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks, and landscaping as is what is legally required within the town code in order to preserve the natural and scenic qualities of open lands providing it is in a zone that permits its use. COLLECTOR ROAD — Is a County or a State Road. The purpose of a collector road is to carry traffic from town roads to various parts of the town and is designated as such on the Town Development Plan. Town Code, page 286. CONCEPTUAL SUBDIVISION PLAN — A conceptual sketch made on a topographic survey map, showing the proposed subdivision in relation to existing conditions and with reference to the minimum lot and area requirements of the zoning district in which the property is located including proposed to counts, layout and provisions for water and sewer systems. Reference 217-11. CONCEPTUAL SUBDIVISION PLAN REVIEW — The review of a conceptual layout of a proposed subdivision by the Town and Planning Board. The review does not ensure that the proposed subdivision meets the minimum lot and area requirements. This is the responsibility of the applicant. A conceptual review determination shall not relieve the person from the responsibility of obtaining any required permits and shall be contingent upon the submission of such detailed plans, specifications and information as may be required for permit applications. A conceptual review determination shall remain in effect indefinitely for the proposed business undertaking, project, or activity as described in the master application and any additional information submitted as part of the conceptual review, provided, however, that if new permit requirements or related standards, over which a state agency has no control or discretion in establishing the effective date thereof, subsequently become effective, such new permit requirements or standards shall not be considered to have been part of the conceptual review determination.. CONDITIONAL APPROVAL—Approval by the Planning Board of a preliminary or a final plat subject to such conditions as may be set forth by the Planning Board in a resolution conditionally approving such plat. Such conditional approval does not qualify a final plat for recording nor authorize issuance of any building permits prior to the signing of the plat by a duly authorized officer of the Planning Board and recording of the plat in the Office of the County Clerk. CURB — A low barrier usually along the pavement line of a street, road or highway, controlling surface drainage and separating vehicular areas from pedestrian and/or landscaping areas. DISTURBANCE –All land preparation activities involving the movement, placement, removal, transfer or shifting of trees, soil and/or vegetation, including, but not limited to, clearing, draining, filling, grading, regrading or the building of structures or the placement of improvements on land, including the construction of individual sidewalks, paths, roads or driveways. The condition of land disturbance shall be deemed to continue until the area of disturbance is returned to its original state or to a state complying with a permit for such disturbance granted in accordance with this chapter. 3 EASEMENT — A recorded acquired right of use on the property of another. ENGINEER or TOWN ENGINEER — The duly designated engineer of the Town of Wappinger or the Superintendent of Highways, or the consultant or engineer employed by or assigned to the Planning Board. FINAL PLAT — A drawing prepared by a New York State licensed professional engineer or land surveyor (with appropriate certification), in a manner prescribed by this chapter, showing a proposed subdivision and containing, in such additional detail as shall be provided by these regulations, all information required to appear on a preliminary plat and the modifications, if any, required by the Planning Board at the time of approval of a preliminary plat of such proposed subdivision if such preliminary plat has been so approved and which, if approved, may be filed or recorded by the owner in the Office of the Dutchess County Clerk. FINAL SUBDIVISION PLAT APPROVAL — The signing of a plat in final form by a duly authorized officer of the Planning Board pursuant to a Planning Board resolution granting final approval to the plat or after conditions specified in a resolution granting conditional approval of the plat are completed. Such final approval qualifies the plat for recording in the Office of the County Clerk. GRADING —The alteration of the surface or subsurface conditions of land, lakes, ponds or watercourses by excavation or filling to a depth greater than six inches. INTERIOR LOT — A lot enclosed on all sides by other lots and not abutting a public street. LAND DEVELOPMENT ACTIVITY - Construction activity, including tree removal, clearing, grading, excavating, soil disturbance or placement of fill that results in any land disturbance, or activities disturbance land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules. LOT — Land occupied or to be occupied by a building and its accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area and width required by Chapter 240 for a lot in the district in which such land is situated and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of state law to be adequate as a condition of the issuance of a building permit for a building on such land. LOT LINE REVISION, LOT LINE AMENDMENT—A change in the location of a boundary between two or more lots within a previously approved plat, filed in the Dutchess County Clerk's Office. OFFICIAL MAP — A map established by the Town Board, showing street, highways and parks theretofore laid out, adopted and established by law and any amendments thereto adopted by the Town Board or additions thereto resulting from approval of subdivision plats by the Planning Board and the subsequent filing of such approved plats. OPEN SPACE — Land or water undeveloped and left in a natural state for conservation or cultivated for agricultural purposes or landscaped and improved for scenic purposes or recreational purposes, and devoted to active or passive recreation, or devoted to the preservation of distinctive architectural, historic, geologic or botanic sites, scenic views, or other open space qualities. The term shall not include wetlands, land that is paved, used for the storage, parking or circulation of automobiles, or occupied by any structure unless such structure serves the agricultural, scenic, recreational, or other open space use, or enhances access thereto and use thereof. Open space 2 may be included as a portion of one or more large lots or may be contained in one or more separate open space lots but shall not include private yards within 100 feet of a principal structure. OPEN SPACE, USABLE—An unenclosed portion of the ground of a lot which is not devoted to driveways, access roads, parking spaces; which is free of structures that would interfere with the functionality of the open space and the intended use of the property; which is available and accessible to all occupants of the building or buildings on said lot, or on a separate dedicated lot as part of a common development scheme, for purposes of active or passive outdoor use. OWNER — The owner of record of a tract or parcel, the subdivision of which requires approval of the Planning Board, or a person or persons holding an option to purchase a tract or parcel, contingent only upon receipt of Planning Board approval of a proposed subdivision of such tract or parcel. The owner may be represented by a duly authorized agent or representative in the conduct of business before the Board, except in those instances specified hereafter that require the appearance of the owner in person. PARENT PARCEL — A parcel of land legally in existence on the effective date of this chapter. For purposes of this chapter, the parent parcel shall be deemed to be that lot, parcel or tract of land owned by the person or persons as shown on the records of the Town of Wappinger Assessor's Office as of the effective date of this chapter. PLAT — The final map, drawing or chart on which the subdivider's plan of subdivision is presented to the Planning Board for approval and which, if approved, will be submitted to the County Clerk for recording (See §§ 276, 277, 278, 279 and 280-a of the Town Law of the State of New York). PRELIMINARY LAYOUT — A preliminary drawing showing the proposed layout of a subdivision which is submitted to the Planning Board for its consideration and conditional approval. PRELIMINARY PLAT — A drawing prepared in the manner prescribed in this chapter showing the layout of a proposed subdivision, including, but not restricted to, road and lot layout and approximate dimensions, key plan, topography and drainage, all proposed facilities, including preliminary plans and profiles, at suitable scale and in such detail as this chapter requires. PRELIMINARY PLAT APPROVAL — The approval of a proposed subdivision as set forth in a preliminary plat, but subject to the approval of the final plat in accordance with the provisions of this chapter. RESOURCE ANALYSIS —A map depicting the environmental conditions of a lot, including, but not limited to, the location of soils, wetlands, water bodies, rock outcrops, vegetation, slopes, and man-made improvements on a lot, prepared as part of a conceptual subdivision plan review. ROADWAY — The portion of the street which is paved and ordinarily used for vehicular traffic (also see "street"). STREET — A way for vehicular traffic, whether designated as a street, highway, throughway, thoroughfare, avenue, boulevard, road, parkway, right-of-way, lane, place or court or however otherwise designated. An existing public way which affords principal means of access to abutting properties and is suitably improved; or a proposed access way shown on a plat approved by all appropriate official agencies. STREET, COLLECTOR — County or State Roads which carry traffic from Town Roads to various parts of the town. STREET, DEAD-END or CULS-DE-SAC — Those streets which are closed to traffic at one end. 5 STREET, LOCAL – Town Roads, i.e. those streets which are used primarily for access to the abutting properties. STREET LINE — The dividing line between the street right-of-way and a lot. STREET PAVEMENT — The wearing or exposed surface of the roadway used by vehicular traffic. STREET RIGHT-OF-WAY WIDTH — The width of the right-of-way or the distance between property lines, on opposite sides of a street. SUBDIVIDER — Any person, firm, corporation, partnership or association which shall lay out, for the purpose of development and/or sale, any subdivision, as defined herein, either for himself, herself, itself or for others. SUBDIVISION — The division of any parcel of land into two or more lots, plots, sites or other division of land, with or without streets, for the purpose of immediate or future sale or building development. SUPERINTENDENT — The duly elected Superintendent of Highways of the T own of Wappinger, New York. TOWN PLAN, MASTER PLAN, COMPREHENSIVE PLAN—The Comprehensive Plan that was adopted in 2010 that identified the goals, objectives, principles, guidelines, and policies for the immediate and long-range protection, enhancement, growth and development of the Town. Resolutions to amend this Plan or parts of this Plan must precede changes to zoning. 0 NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE TOWN OF WAPPINGER, NEW YORK NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a Public Hearing on the 8th day of July 2024, at 7:00 PM at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should adopt Local Law No. 2 of 2024 which would amend Chapter 217, Zoning, of the Town Code with respect to a variety of definitions. PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing to be held on the adoption of the proposed Local Law. PLEASE TAKE FURTHER NOTICE that the full text of the proposed Local Law will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: June 24, 2024 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI Town Clerk Town of Wappinger