LL #02-2005•
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, 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.
Town
of h1AP.BIN.GER
age
Local Law No. #2 of the year 20-05--
A local law __eatitied- _LacaL-La1a-_#2-_af-_2Q05}_amending_-the--Tmm__Cnde
(Insert Tide)
Section 240-20, of the Town of Wappingex_-aoning-.La ,_- Access and
Required Street Frontage
Be it enacted by the T_O.WN-J3QABJ) of the
(Name ofLegis(otive Body)
0111)11122
V4 of WAPPINGER as follows:
Town
Wine
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
DOS-239 (Rev. 11/99)
TOWN OF WAPPINGER
LOCAL LAW # 2 OF THE YEAR 2004
A Local Law entitled "Local Law #2 of 2005, amending Section 240-20 of the
Town of Wappinger Zoning Law, Access and Required Street Frontage."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section l: Title
This Local Law shall be known and cited as "Local Law # 2 of 2005, amending
Section 240-20 of the Town of Wappinger Zoning Law, Access and Required
Street Frontage."
Section 2: Legislative Intent
The intent of the proposed Local Law is to alleviate and permit an alternative to
the problems caused by the existing and inflexible requirements that all lots must
derive access over its own property. The requirement is unnecessarily restrictive
and is directly contrary to good land use planning practice and with the principles,
recommendations and guidelines contained in Greenway Connections. It results in:
a maximum number of curb cuts and traffic conflict points; reduced traffic and
pedestrian safety and capacity; is wasteful of land; requires avoidable and
unnecessary disturbance to land; increases stormwater runoff and pollution; and
contributes to other environmental and aesthetic problems. The intent of the
proposed amendments is to amend the requirement restricting each lot to take
access over its own frontage and to authorize the Planning Board to allow or
require common driveways and cross access easements, under certain
circumstances and subject to certain conditions, where deemed beneficial and in
the Town's best interest.
Section 3: § 240-20.A of the Zoning Law shall be revised to read as follows:
"A. Minimum frontage required. No building permit shall be issued for
the establishment of any use or construction of any structure unless
the street or highway giving access to said use or structure has been
suitably improved to Town road standards or a bond posted therefor,
in accordance with the provisions of § § 280-a.1 and 2 of the Town
Law. Further, for the purposes of this paragraph, "access" shall mean
that the lot on which said use or structure is proposed has frontage on
said street or highway sufficient to allow the ingress and egress of fire
trucks, ambulances, police cars and other emergency vehicles in
accordance with the provisions of § 280-a.5 of the Town Law. Said
lot frontage shall be at least fifty (50) feet in length and the actual
access to said use or structure shall be over said frontage, except that
the Planning Board may permit or require common driveways and
cross access easements subject to the following findings and
conditions:
(1) It shall be demonstrated that each single-family residential lot is
capable of independent access over its own frontage.
(2) All common driveways and/or access over an adjacent lot or
lots shall require a common driveway easement, construction
plan and maintenance agreement approved by the Planning
Board and the Town Attorney and filed with the Dutchess
County Clerk's Office.
All relevant subdivision plats and site development plans shall
include a notation referencing the required common driveway
easement, construction plan and maintenance agreement.
(4) The Planning Board must find that use of a driveway easement
and/or a common driveway will result in one or more of the
following:
(3)
a. A reduction in the number of curb cuts;
b. Avoidance or minimization of unnecessary land
disturbance;
c. Minimization of the need for the construction of new, short
dead-end roads to serve single-family residential lots;
d. Protection, maintenance or improvement of the
environment, community character, or safety or operation of
vehicular and pedestrian traffic;
e. Consistency with or implementation of the statement of
policies, principles and guidelines in `Greenway
Connections'.
(5) Not more than three (3) lots shall be served by a single
common driveway.
(6) All common driveways shall, at a minimum, meet the
construction standard in Attachment 6:1 of this chapter.
The property owner shall be required to record in the Dutchess
County Clerk's Office a Declaration of Covenants and
Restrictions acceptable to the Planning Board and the Attorney
to the Town governing the use, maintenance and operation of
the common driveways. The Declaration of Covenants and
Restrictions shall contain, at a minimum, provisions that will
impose a Permanent Easement for as long as the common
driveway is used by two (2) or more lots, provide for standards
of construction and maintenance of the common driveway,
provide for the prompt removal of obstructions of the common
driveway, provide for the continued maintenance and upkeep of
the common driveway as well as the share of the costs thereof,
and provisions for the enforcement of the Declaration including
the recovery of legal fees associated with any successful
enforcement proceedings.
The proposed Declaration of Covenants and Restrictions shall
be submitted to the Planning Board and approved by both the
Planning Board and the Attorney to the Town prior to or
simultaneously with the Planning Board's Resolution of Final
Subdivision Plat Approval or, if no subdivision approval is
required, prior to the issuance of a driveway permit by the
Town of Wappinger Highway Superintendent. If the common
driveway is proposed in connection with new lots created by
subdivision, the Declaration of Covenants and Restrictions
shall be recorded simultaneously with the filing of the
Subdivision Plat in the Dutchess County Clerk's Office."
(7)
(8)
Section 4.
The attached construction detail entitled Minimum Standards: Common Driveway
is hereby incorporated into Chapter 240, Zoning, as Attachment 6:1.
Section 5.
Except as specifically modified by the Amendments contained herein, the Zoning
Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and
amended from time to time thereafter is otherwise to remain in full force and
effect and is otherwise ratified, readopted and confirmed.
3
Section 6: 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 petition to other persons or circumstances. It is hereby
declared to be the legislative intent 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 hereof is held inapplicable had been specifically
exempt there from.
Section 7: Effective Date
This Local Law shall take effect immediately upon adoption and filing with the
Secretary of State as provided by the Municipal Home Rule Law.
4
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SECTION VIEW:
MINIMUM STANDARDS: COMMON DRIVEWAY
NOT TO SCALE
(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. #2 of 20-D5-
of the ( )(Town)(() of---Wa-ppin.er was duly passed by the
___2 nw_l3aard_ on _.Iannary_24 20.05, in accordance with the applicable provisions of law.
(Name of Legislative Body)
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)(repassed after
(Name of Legislative Body)
disapproval) by the and was deemed duly adopted on 20---- ,
(Elective Chief Executive Officer*)
in accordance with the applicable provisions of law.
3. (Final adoption by 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)(repassed after
(Name of Legislative Body)
disapproval) by the on 20---- . Such local law was submitted
(Elective Chief Executive Officer*)
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)(repassed after
(Nance of Legislative Body)
disapproval) by the on 20 --- . Such local law was subject to
(Elective Chief Executive Officer*)
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.
(2)
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 cit-
ies 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 in-
dicated in paragraph I , above.
ifiA
r :oft ounty legisllive bo• ity, T. T, or Village Clerk
or officer designated by local le
(Seal) Date:
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK LzL %J
COUNTY OF
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.
✓Signatu
C-etnty
C4t�y� of LI/ �%� (' c2L
Town
Vil3age
Date:
(3)