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2025-852025-85 Resolution Introducing "Local Law No. — of 2025, for the Purpose of Amending 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 March 24, 2025. 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 -2025-85 Yes/Aye No/Nay Abstain Absent 2 Adopted ❑ Adopted as Amended Joseph D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter ❑ ❑ ❑ Q ❑ Withdrawn Christopher Phillips Mover Q ❑ ❑ ❑ Al Casella Seconder Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Phillips and seconded by Casella. WHEREAS, the Town Board is considering the adoption of "Resolution Introducing "Local Law No. of 2025, for the Purpose of Amending Chapters 240-5, 240-19, 240-20 of the Town Code With Respect To A Variety Of Definitions"",- and efinitions"";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. of 2025 in the form annexed hereto. 3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law No. 1 of 2025 for 7:00 PM on the 14th day of April, 2025 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 ten (10) 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 ten (10) 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. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Dated: Wappingers Falls, New York 3/24/2025 The Resolution is hereby duly declared Adopted. JOSEPH P. PAOLONI, TOWN CLERK LOCAL LAW No. OF THE YEAR 2025 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. _ of 2025, for the Purpose of Amending Chapters 240-5, 240-19, 240-20 of the Town Code With Respect To A Variety Of Definitions" Section 2. Legislative Intent The Town Board believes that it is reasonable and appropriate to update and Chapters 240-5, 240- 19, 240-20 of the Town Code With Respect To A Variety Of Definitions". 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 Chapters 240-5, 240-19, 240-20 § 240-5 Definitions. As used in this chapter, the following terms shall have the meanings indicated: BUFFER, WETLAND, WATERBODY, or WATERCOURSE. See Chapter 137-5 for the definition of the term Buffer. 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. 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. CONSTRAINED LAND Constrained land means land that is not capable of being developed because it is constrained by demonstrable physical constraints including watercourse traversing property; planning scheme requirements includingopen space bufferto main roads, land required to be transferred to Council for public park or community facilities; constructed or required infrastructure including power line easement, main road ortrunk infrastructure requirement. The above constraints do not extend to any matters required as part of the development, including but not limited to the construction of streets, footpaths, pathways, stormwater drainage, carparks, pumping stations or the provision of drainage reserves. OFFICIAL MAP A map, adopted by the Town Board in accordance with the provisions of § 270 of the Town Law, showing streets, 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. Drainage systems may also be shown on this map. OPEN SPACE or OPEN AREA Any area or space characterized by natural scenic beauty or whose existing openness, natural condition or present state of use enhances the present or potential value of abutting or surrounding development or maintains or enhances the conservation of natural or scenic resources as expressed in the Town of Wappinger Comprehensive Plan. For purposes of this section, natural resources shall include but not be limited to agricultural lands used or possessingthe potential for use in bona fide agricultural production, mature forest, and scenic areas. The term shall not include wetlands, wetland buffers, easements, screening or buffering. It also shall not include land that is paved, land used for storage, parking or circulation of automobiles or occupied by any structure unless such structure served the agricultural, scenic, recreational or other open space use or enhances access thereto and use thereof. An open space shall not be just land "left over" because of its unsuitability for development. Such areas shall encompass land having meaningful ecological, aesthetic and recreational characteristics, with access, shape, dimensions, location, topography and nature and extent of improvements suitable, fort he intended purposes. SMOKE OR VAPE SHOP An establishment primarily engaged in the retail sale of tobacco, tobacco products, or tobacco paraphernalia, electronic smoking devices, liquid nicotine containers or vapor products. A use shall be defined as a smoke orvape shop by considering factors such as the proportion of floor area dedicated to the display or sale of said products, the proportion of total revenue derived from said products, and the overall marketing or branding of the establishment. Section 240-19 shall clarify B, add to section B(4), and add B(7): § 240-19 Modification of lot requirements. For the purposes set forth earlier in this chapter and to promote natural resource preservation and conservation and to minimize the construction and maintenance costs of community facilities and utilities, all directed towards the objective of fostering and obtaining land development of good quality and design at reasonable economic cost, the Planning Board is hereby authorized to review and act upon all subdivisions in accordance with the following provisions. In all cases, the Planning Board shall have the full power of subdivision approval, approval with conditions or denial, as authorized by the Town Law. A. Average density subdivisions. Simultaneously with the approval of a subdivision plat and pursuant to § 278 of the Town Law, at the request of the applicant, the Planning Board is authorized to modify the zoning regulations with respect to lot area and dimensions, provided that the average size of all lots shown on the subdivision plat shall be equal to or greater than the permitted minimum lot area in such district and that there shall not be a greater average density of population or cover of the land with buildings than is permitted in such district, and further provided that no lot shall have less than the minimum area and dimensions required for lots in the next less restrictive residential zoning district to the one in which the property is located. For the purpose of this section, average density shall be determined by the number of one -family residences which could be built under the zoning district standards in full conformity with the Town's Subdivision Regulations[1 ] and all other applicable requirements. The basis ford etermination by the Planning Board shall be a conventional subdivision sketch layout for the subject property. [1] Editor's Note: See Ch. 217, Subdivision of Land. B. Cluster subdivisions. Pursuant to § 278 of the Town Law may by local law or ordinance, may authorize the Planning Board to approve a cluster subdivision ONLY with respect to lot area and dimensions upon such conditions as the Town Board may impose and provided that: (1) Such modifications result in design and development which promote the most appropriate use of the land, facilitate the adequate and economical provision of streets and utilities and preserve the natural and scenic qualities of open lands. (2) The permitted number of dwelling units in no case exceeds the numberwhich could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to all the normally applicable requirements of this chapter, the Land Subdivision Regulations,[2] the Dutchess County Department of Health Regulations and all other applicable standards. The basis for this determination by the Planning Board shall be a conventional subdivision sketch layout for the subject property, plus such other information as may be required by said Board. [2] Editor's Note: See Ch. 217, Subdivision of Land. (3) The maximum permitted building height and the minimum permitted floor area requirements shall be the same as those normally applicable to other dwellings in the zoning district in which the property is located. (4) The dwelling units permitted may be detached, semidetached or attached structures, provided that there shall be no more than four dwelling units in any single structure and provided that if the subdivision is not in conflict with the provisions of the Master Plan and complies with existing Town of Wappinger Zoning Codes forwhich the parcel is currently zoned. (5) In the event that some part of said subdivision plat includes land to be devoted to park, recreation or open space, the Planning Board, as a condition of plat approval, may establish such conditions on the ownership, use and maintenance of such lands as deemed necessary by the Planning Board and such conditions shall be approved by the Town Board. (6) In addition to compliance with any special standards, requirements and procedures asset forth in this § 240-19B, cluster developments shall also be subject to review and public hearing by the Planning Board in accordance with the same procedures as would otherwise be applicable to conventional subdivision plats. Upon the filing of the plat in office of the County Clerk, a copy shall be required to be filed with the Town Clerk, who shall make the appropriate notations and references thereto on the official copy of the Town Zoning Map. (7) The Planning Board, as a condition of any approval, may establish such conditions on the ownership, use and maintenance of such open lands shown on the plat is it deems necessary to assure the preservation of the natural and scenic qualities of such open lands. The Town Board may require that such conditions be approved by the town board before the plat may be approved for filing. The provisions of this section shall not be deemed to authorize a change in the permissible use of such land as provided in the zoning ordinance or local law applicable to such lands and shall not be in conflict with the provisions of the town's comprehensive plan. (8) Alienation restricted. The Town Board of the Town of Wappinger may not alienate any interest in open spaces or open areas acquired by it under the provisions of § 247 of the General Municipal Law of the State of New York except upon the adoption of a local law by a majority plus one of the Town Board authorizing the alienation of said interest, subject to mandatory referendum by the electors of the Town of Wappinger. Section 240-20 shall only amend Flag Lot Street Frontage width: § 240-20 Access and required street frontage. B. Flag and radial lots. A lot may derive its street frontage and access by means of a strip of land connecting the street and the main portion of the lot, provided that no portion of said access and frontage strip of land shall be less than 50 feet wide, except that in the R -5A, R -3A, R-80, R-40/80 Districts, no portion of said access and frontage strip of land shall be less than 100 feet wide. This applies only to Flag Lots leading to larger lots or interior land locked lots that would be used for sub -division purposes only. The front yard setback of such a flag tots ha Ube measured from the rear lot line of the lot between the flag lot and the street on which it has frontage. In the case of a lot with radial or angled side lot lines, the front yard setback shall be established where the lot meets the minimum lot width requirement when measured parallel to the street from which the lot derives access. Should amend 240 Attachment 3, in Note 3. It's reserved. Add "See 240-20B for 1 00'frontage requirement for flag and radial lots in the R -5A, R -3A, R-80, R-40/80 Districts.