Loading...
2024-1502024-150 Resolution Adopting Local Law No. 2 Of 2024 Which Would Amend Chapter 217, Subdivision of Land, 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 August 19, 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 -2024-150 Yes/Aye No/Nay Abstain Absent 2 Adopted ❑ Adopted as Amended Joseph D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Mover Q ❑ ❑ ❑ Al Casella Voter 2 ❑ ❑ ❑ The following Resolution was introduced by Councilman Phillips and seconded by Councilman Beale. WHEREAS, the Town Board is considering the adoption of Local Law No. 2 of 2024 which would amend Chapter 217, Subdivision of Land, of the Town Code With Respect To A Variety Of Definitions; and WHEREAS, a Public Hearing on the proposed Local Law was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on July 8, 2024 and August 19, 2024; and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the amendment of Chapter 217, Subdivision of Land of the Town Code with respect to a variety of definitions; and WHEREAS, the Town Board has determined that the Proposed Action 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, the Town Board referred the proposed Local Law to the Town Planning Board for its advisory opinion; and WHEREAS, as in accordance with Section 239 of the New York State General Municipal Law, the Town Board referred the proposed Local Law to the Dutchess County Department of Planning and Development (DCDPD) for its advisory opinion; and WHEREAS, in response to said referral the DCDPD responded and whose comments were duly noted; and WHEREAS, the Town Board has given due consideration to the comments of the Town Planning Board and the DCDPD; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least ten (10) days prior to the adoption of this resolution. 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, after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law, and the Town Board hereby adopts Local Law No.2 of 2024, a copy of which is attached hereto and made a part of this Resolution; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter, is to remain in full force and effect. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: William H. Beale, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Dated: Wappingers Falls, New York 8/19/2024 The Resolution is hereby duly declared Adopted. JOSEPlf 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: 7-25-24 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, Subdivision of Land, 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, Subdivision of Land, 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 Items in III.: III ue were suggested by CPL Engineering, Items in Red are additions, Items in are deletions from existing code. 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 °"slh 11"lis aWays imarrd tory. The word "may" lis aWays Itueirimisslive. The phrase "used fair" Iiirriclludes °" iris irr ed t6r," "de§grred t6r," "lirrrteirrided t6r," "imairrrt limed fair" ard °"occuIpu ed fbr." § 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. BULDI G CODE -- The official New "fork State Uniform (Fire Prevention and Building Code as adopted by the Town Board, together with any and all amendments thereto. BULDI G PERMIT -- An application form for a building permit or use permit obtainable from the Building Inspector or his or her appointed assistant. CERTIIFICATE CIF CCCUPA CY -- A permit to occupy and use a building. C L.ttST IES II\ II I G ---- slh ll ll it e irri a sUddlivlislio rri Itull t or Itull ts, li irri wlhi ch the appll tic Idlle zorlrg o r6 rri irrice may Ide it o6 iced wheat lis aI1owed to Ituirovlide cirri aIterraflve Itueirmlitted imethod fair the Il you t, 2 corifiguraflori aurid de§gri of Ilots, bUl6rgs aurid structures, iroads, ufllllty Iliiirries aurid other rifrastructure, parks, aurid Ilardscaprg as its what its IlegalIy ireqUiired Wthri the towri code liirri order to preserve the inahjira ll aurid scerlc quallifles of operi Ilards provl6rg lit its liirri a zore that permis lits use. COLLECTOR ROAD see als(-) "STRREET, COLLEC'JOR" ---. IIs a Courty RRoad OrIy. The purpose of a Co�Iector R\oad/Street is to carry traffic from Town or State RRoads to various parts of the town and is designated as such in the comprehensive plan P 65. CONCEPTUAL SUBDVGON 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 lot counts, layout and provisions for water and sewer systems. Reference 217-11. CONCEPTUAL SUBDVGON PLAN REVEW .— 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 under -talking, 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.. CURB .— A low barrier usually along the pavement line of a street, road or highway, con -trolling 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 sidewallks, 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. EASEMENT — A recorded acquired right of use on the property of another. Authorlzaflori Iby a property owrier for the use, Iby rother aurid for a specifled Ilpurllpose, of ary de§grated part of his property. 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. EN(31IIES IES FRI TO -FHE TOWN The IEirrigiirrieeir to the Town of Wapprger, INew York as a nori -empoyee cortracted from cirri exterr4l f iirm. IFI AL PLAT .— A drawing prepared by a New Yorlk 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 3 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. GRADlNG —The alteration of the surface or subsurface conditions of land, lalkes, 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 ACTIVffY - 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 talke place at different -times on different schedules. LOT — Land, not divided by streets, that is 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. 1...01 1 N[." I:.R[."VISI&N, I...0 1" 1 1 IN A IM IN IM IN 1 .. ......... A charige iiia the Iloc aflori of a bouridary Ibetweeiri two or irnore hots Wthri a Ipreviiou §y approved Ipat, filed liiri the . )utchess Courity Gerk's Office. U:::111::.::.N SII:::IACII::.::.I .............. See Open Space Chapter 24.0....5 01 N[:."[.R 1"he owner of record of a tract or Ilan 6, the subdlV§ori of WNch reqUres approval of the 13oard, or a Ipeirsoiri or Ipersoiris Ihcflldiiirig ari opflori to Ipuirclhase a tract or Ilan 6, coriflrigerit orfly upori irecelilpt of 13oard approval of a Iprolposed subdlV§ori ofsuch tract or parc6. 1"he owner irnay be represerited by a dually authorized agerit or irelpreseiritaflve iiia the corlduct of bu§riess before the 1:3oard, except iiia those iiiristarices spe6fed Ihereafter that reqUre the appeararice of the owner "ri Ipeirsoiri. f:)A[.RGI::."I ... ......... Iparcell of Ilarid IlegaIy iiia existerice ori the effecfive date of ths chapter. IFor purposes of ths chapter, the Il, arerit Iparcell sha�I be deerned to be that Ilot, Iparcell or tract c)land owned by the Ipeirsoiri or Ipersoiris as showri ori the records of the 'Fowri of WappirigerAssessor's Office as of the effecfive date of ths chapter. I::)I_A'1 .. ........ � 1"he fr4irnap, draWrig or chart ori WNch the subdiVder's Ipllari of subdlV§ori its Ipreseirited to the 13oard for approval and WNch, iif approved, WlI be subrntted to the Courity Gerk for recordirig (See §§ 276, 277, 278, 279 and 280--a of the 'Fowri I aw of the State of Iw York). I_AY0LJ1 .. ......... Iprellliirnliiriary draWrig shc)Wrig the Iprolposed Ilayout of a subdlV§ori WNch lis subrnteed to the oard for lits cori§deraflori and coridifior4approva. I::)I_A'1 .. ......... A draW'rig Iprelpared iiia the irnariirier Iprescriibed iiia ths chapter shc)Wrig the ayout of a Iprolposed subdlV§ori, iii riclludiiirig, Ibut snot irestirlicted to, iroad and Ilot Ilayout and approxlrnate dirnerisioris, Ikey Ipllari, topography and dr4riage, aII Iprolposed fa6llifies, iii rlclludiiirlg pr6irniriary Ipllaris and profles, at s6table scae and liiri such detalill as ths chapter irectUiires. 2 A11)11)[-ROVAI_ 1"he approval of a Iproll osed subdlV§ori as set forth lila a pr6lrnlriary Ipw at, Ibut subject to the approval of the fr4Ipl�at lilru accordarice with the Iprovii&ioris of ths chapter. 1:.R0A[)WAY .'"he Iportlioru of the street which iis Il aved and ordlriarily used for v6NcUar traffic (aIso see "street"). .. ......... A way for v6NcUar traffic, whether de§griated as a street, INigIhway, throughway, thoroughfare, aver e, boUevard, road, Iparlkw ay, Iriig ht..of..way, Ilaruo, Ipllace or court or Ihow ever ruler se de§griated. An exsJrig IpUbllc way which affordspriridpa�l Irnearis of access to abuttirig properfies and iis s0tably iilrnproved�; or a Iproll osed access way showri ori a Ipl�at approved Iby a�1 approprlate offd4agerides. An existing state, county or Town road or highway, a street shown upon a plat approved by the Planning Board or a street shown on a plat duly filed and recorded in the office of the County Clerk. 1"hose streets that are used pr�rnar��y for fast or heavy traffic travelling at 55 mph. 1:3LJS1N[SS or N[)LJS1']:.R1A1..... A street whIch serves or IIs de§gried to serve as access to abutJrig bu&"riess, cornrnerd4or iilrudu stri4Iproperfies. STREET, COLLECTOR —see als(-) "C"OLLECKYR ROADS" Are County RRoads Gny which carry traffic from Town or State RRoads to various parts of the town wid iis de§g1nated as such lilr7l the Fown Colmpr hiclr7l§v II Iwii STREET, DEAD-END or CULS-DE-SAC — Those streets which are closed to traffic at one end. STREET, LOCAL – Town Roads, i.e. those streets which are used Gny for access to the abutting properties wid sh41 Inot Ib e used to devflop wid access future sub-6V§olns or extelnd exJsfl�ng sub- 6V§olns. 1_1N[:. .. ......... 1"he (JlVdlrig Illilrio Ibotweeri the street rlght..of..way and a Ilot. II A,.J0[-R-- See [)efrilfiori Street ccfl1ector and Ccfl1ector Road STREET RIGHT-OF-WAY WIDTH — The width of the right-of-way or the distance between property lines, on opposite sides of a street or at right angles to the center line of the street. SLJ[3[)1V1S1011N 1"he (JlV§ori of ariy Iparc6o of Ilarid lilrito two or Irnoro hots, pk)ts, §tes or other (JlV§ori of Ilarid, with or without streets, for the Ipulrll ose of lilrnrnedliato or future sae or bUkJirlg devek)prnerft, 'FOWN AN, II AS1']::.[.R AIN, C 0 1M 1:.R I [:.`NS1V[:.` I)I_AN -See 40.5 "he Cornpreheri§ve l::)lari that was adopted lilru 2010 that iidolrutiifiiod the gc4s, objecfives, Ipriilrudillw es, gukJ6iries, and Ipcflides for the lilrnrnedliato and Ilorig..lrarige Iprotecfiioru, eriharicernerit, growth and devek)prneritofthe "Fowri. 1:.Rescflufioris to arnerid ths l::)lari or parts of ths l::)lari Irnust precede chariges to zorllrlg. 5