LL #13-2002NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
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of WAPPINGER
Town
Village
Local Law No.
of the year 20 02
A local law (Insert Title) entitled "Local Law # of 2002, Amending the Zoning Law
of the Town of Wappin er regarding Density Units and Net Lot Area for
Multi -family districts"
Be it enacted by the TOWN BOARD of the
(Name of Legislative Body)
t=;t�tttitt'
"ttF
of WAPPINGER as follows:
Town
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 11/99)
LOCAL LAW # 13 OF THE YEAR 2002
A Local Lav entitled "Local Law #_13 of 2002, Amending the Zoning Law of the
Town of Wappinger regarding Density Units and Net Lot Area for Multi -family
Districts."
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 # 13 of 2002, Amending the
Zoning Law of the Town of Wappinger regarding Density Units and Net Lot Area for
Multi -family districts".
Section 2: Legislative Intent
The intent of the proposed Local Law is to delete the definition of the term "Density
Unit" and replace its use with "Dwelling Unit" and to define the term "Net Lot Area" and
require calculation of the number of permitted dwelling units, floor area and lot coverage
based upon the "Net Lot Area," that portion of the subject property that is without severe
environmental constraints of wetlands, floodplain and steep slopes in excess of 25%.
Section 3: § 240-5. Definitions, of the Zoning Law shall be revised to delete the
definition of Density Unit and to add the definition of Net Lot Area as follows:
NET LOT AREA The gross area of a property minus one -hundred percent of
the area of wetlands, lands within the 100 -year floodplain, and areas of steep
slopes in excess of 25% when measured over a distance of fifty feet.
Section 4. § 240-18.F Building Lots, of the Zoning Law shall be amended as
follows:
F. Existing undersized lots. A lot, the area or dimensions of which are less
than that required for the district in which it lies, may be deemed to qualify
for the issuance of a building permit, provided that all the following
requirements are met (see also § 240-38B):
Section 5. § 240-19.C(1) of the Zoning Law shall be amended as follows:
(e) The open space development provisions of this chapter do not result
in there being any more dwelling units than, would have been
allowed under a conventional subdivision.
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Section 6. § 240-38. Multifamily Residential District, of the Zoning Law shall be
amended as follows:
In an RMF District, all multifamily uses shall be subject to site plan approval in
accordance with Article IX of this chapter and the following special requirements:
A. Net lot area. In the RMF districts, the calculation of the maximum
permitted number of dwelling units, floor area ratio (FAR), and lot
coverage shall be based upon net lot area.
B. Existing undersized lots. Section 240-18F, Existing undersized lots, does
not apply to Multifamily Residence Districts.
C. Water and sewerage facilities.
(1) Where, in -the opinion of the Planning Board, connections to existing
facilities are possible and warranted, sanitary sewers and/or water
mains shall be connected to such existing facilities in the manner
prescribed by regulation of the appropriate sewer, water, fire district
or other agency having jurisdiction.
(2) Where connection to existing off-site water or sewerage facilities is
not possible or not warranted, a central water supply and sewage
treatment system shall be designed and constructed to serve all
dwelling units in accordance with the standards and subject to the
approval of the Dutchess County Department of Health and the
appropriate state and federal agencies.
(3) Where future service by off-site water and/or sewage systems is
planned, all on-site water and sewer facilities shall be designed and
located in such a way as to readily permit their connection and/or
conversion to the off-site system at such time as they are
constructed.
D. Open space and recreation area. At least 50° o of the gross area of the site
shall be preserved as permanent open space, free of buildings and parking
areas and shall be landscaped or left in its natural state in accordance with
plans approved by the Planning Board. Within such common open space
areas, a total of not less than 300 square feet per dwelling unit shall be
improved with common recreational facilities, such as swimming pools,
tennis, basketball, volleyball and shuffleboard courts, playground
equipment, etc., for the use of the residents of the premises and their guests,
which facilities shall not be operated for profit.
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E. Required parking. Parking spaces shall be provided in number and design
according to the provisions of Article X of this chapter.
Section 7. § 240-39 of the Zoning Law, Planned Unit Development District, shall
be amended as follows:
D. Density or intensity of land use. The appropriate density or intensity of land
use to be permitted in each Planned Unit Development District and in any
section thereof shall be determined in each individual case by the Town
Board and specified on the approved General Land Use and Development
Plan for the PUD as set forth in § 240-39H. Such determination of land use
intensity and of density shall be based upon the recommendation of the
Town Planning Board as provided in § 240-39H(3) and upon a thorough
documentation of the nature and potential site and community impact of the
proposed development as required to be submitted by the applicant in
accordance with the provisions of § 240-39H(1). It is further intended that
the permitted maximum intensity of nonresidential uses not exceed that
which could be permitted in the corresponding conventional zoning use
districts and that the maximum gross residential density for the residential
or residentially related portion of any planned unit development not exceed
that which could be permitted in an R-20 District.
H. (1) (a) [7] A numerical analysis of the development proposal including the total
number of dwelling units proposed for inclusion within the
development and the proposed breakdown of these units according
to size and type, the total amount of floor area to be devoted to each
type of nonresidential use, the approximate extent of building and
paved area coverage in each section, and an analysis of the
development proposal in relation to the maximum permitted number
of dwelling units as set forth in § 240-39D, Density or intensity of
land use.
Section 8. § 240-50.1) of the Zoning Law, Designed Residential Development, shall
be amended as follows:
D. Development standards and controls. All improvements within designed
residential developments shall be required to comply with the following
specified standards and controls in lieu of those comparable requirements
for other residential developments which are specified elsewhere in this
chapter and in the Lard Subdivision Regulations:
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(1) Dwelling Unit Type and Density.
(a) Density formula. The maximum permitted number of dwelling units
in a designed residential development shall be determined by
dividing the total land area by the normally required minimum lot
size for the zoning district in which it is located and subtracting
20%.
(b) Number of bedrooms. The Planning Board shall be responsible for
determining the number of bedrooms in each dwelling unit in
connection with its review of site plans in accordance with Article
IX of this chapter.
(c) Dwelling unit mix. For the purpose of assuring that designed
residential developments will broaden the range of available housing
types within the town, not more than 25% of the permitted dwelling
units within any such development shall be composed of detached
one -family dwellings.
Section 9. § 240-50.E(1)(a)[5] of the Zoning Law, Designed Residential
Development, shall be amended as follows:
E. (1) (a) [5] A numerical analysis of the development proposal
including the total gross acreage and the approximate acreage
to be occupied by each type of permitted use, the total
number of dwelling units proposed for inclusion within the
development and the proposed breakdown of these units
according to size and type. The analysis shall include the total
floor area devoted to each type of nonresidential use and the
extent of paved area and building coverage.
Section 10. § 240-50 E.(3) of the Zoning Law, Designed Residential Development,
shall be amended as follows:
E. (3) Amendments. The Town Board, after public hearing with the same
notice and referrals as required for the original public hearing and
approval, may consider and act upon an application to amend the
design concept shown on the General Land Use and Development
Plan for a previously approved designed residential development or
upon an application to change or enlarge the limits of such
development to include contiguous acreage subsequently acquired
by the applicant. However, no public hearing shall be required where
a proposed change or enlargement does not result in any significant
modification to the design concept shown on the approved General
Land Use and Development Plan or where lzss than a five -percent
increase in the number of initially approved dwelling units is
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involved, provided that all density and other requirements of this
chapter are complied with and such modification does not affect the
findings of the Town Board with respect to the Town and State
Environmental Quality Review Laws.
Section 11. The Town of Wappinger Zoning Law, Schedule of Dimensional
Regulations — Residential Districts, shall be amended as shown in the attached
schedule:
(See attached schedule)
Section 12.
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.
Section 13: 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 14: 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.
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Schedule of Dimensional Regulations — Residential Districts
Town of Wappinger
District
R-80
R40/80'
R40
12-20/40'
R-20
R-15
R-10
R -21F
RMF -3
RAIF-5
Mininumi lot area (square feet, unless
80,000
--
40,000
--
20,000
15,000
10,000
15,000
115
125
noted)
20
45
20,000
100
125
35
20
40
Will) public water and sewer
--
40,000
--
20,000
--
--
--
--
5 acres
5 acres
With public water or sewer
60,000
30,000
--
--
15 acres
10 acres
Without public water and sewer
--
80,000
--
40,000
--
--
--
--
15 acres
10 acres
Minimum lot width (feet)
200
See Note 1
125
See Note
I
100
85
60
85
100
100
Minimum lot depth (feet)
200
See Note 1
125
See Note
1
125
100
80
106
150
150
Minimum lot frontage (feet)
50
50
50
50
50
50
50
50
50
50
Maximum dwelling units per acre of net
--
--
--
--
--
--
--
--
3
5
lot area
Minimum front yard (feet) from:
Canty/state highway
75
75
75
75
75
75
75
75
75
75
Center line of other street
75
75
75
75
60
60
50
60
75
75
Front lot line of other street
50
50
50
50
35
35
25
35
50
50
1 Minimum side yard (feet)
40
40
25
25
20
15
12
15
50
25
Accessory building <15 feet high
10
10
10
10
10
5
5
5
10
10
and <200 square feet
I
Minimum rear yard (feet)
50
50
50
50
40
30
25
30
50
50
Accessory building <15 feet high
10
10
10
10
10
5
5
5
10
10
i and <200 square feet
Maximum "Building I leight"
2.5/35
2.5/35
2.5/35
2.5/35
2.5/35
2.5/35
2.5/35
2.5/35
3/35
3/35
(stories/feet)
Maximum lot coverage (percent)
10%
10%
12%
12%
15%
20"/
25%
20%
301%'
45%2
Maximum floor area ratio
0.1
0.1
0.12
0.12
0.15
0.2
0.25
0.3
0.3'
0.45'
NOTE:
,'rl.e purpose of these districts is to allow the development at a higher density when public (or common) sewer and/or water supply is used. "rhe following lot widths and yard requirements
are required:
Alininwm Lot Area Minimum Lot Width Minimum Lot Depth Minimum Front Yard Minimum Side Yard Minimum Rear Yard
square feet feet feet feet feet feet
_ 80,000
200
200
50
40
50
_ 60,000
150
150
50
30
50
40,000
125
125
50
25
50
30.000
115
125
40
20
45
20,000
100
125
35
20
40
'Rased on Net l.ot Area.
N
O
(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 lav annexed hereto, designated as local law No.-__�13___________________________ of 20.02
)( )
sof the _ v Tu�vn of------�1aP-Fxug-9r------------------------------------------- was duly passed by the
--------- TQwn-_Board-______ ---------- --
__ on -Sep------------ -002_, in accordance with the applicable provisions of law.
-
(Same of Legislative 80dy)
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)(Citv)(Town)(Village) of ----------------------------------------------- __________________ was duly passed by the
----------------------------------------------- on ------------------ 20 --_ , and was (approved)(not approved)(repassed after
IName of Legularive BoJv) ..
disapproval) by the -------------------------------------------------- and was deemed duly adopted on 20_
(E!xrive Chitf Esecurivz Officzs•) --- ,
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
I,Vame of Legislarive Bodv)
disapproval) by the_________________________________________________
iE!ecrive ChiefErecurive Officer,)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 __________________ 20L___ , 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 lav No. ----------------------------------- of 20 ------
of the (Cuunty)(City)(Town)(ViIla ge) of ---------------- --_-__________________.__..-___-__-____-----_-__- was duly passed by the
.No-- . L - -eeis-/an- -ve Bodvi
-- ------------------------------- on ------------------ 20-___ , and was (approved)(not approved)(repassed after
i,Vame al
disapproval) by the -------------------------------------------------- on ------------------ 20 __ , Such local law was sub'ect to
�E:.'c:ne Chief F.ucurne Office.•)
permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 20L--- , 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 supervisov of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
(City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________
----- having been submitted to referendum pursuant to the provisions of
sedtion (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 S 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 ------ 1_____, above.
cl:�
Clerk of the County legislative body, City, Town or Village Clerk
or officer designated by local legislative body
FLORENCE HANNON, DEPUTY TOWN CLERK
Date: /,A. , 2002
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village .Attorney or
other authorized attorney of locality.)
STATE c OF NEW YORK
COt RYTY OF DUTCRRSS
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.
ALBERT P. ROBERTS - A !2rney to Town
Title
EU o f Wapp; ngc r
Town
Date: —V
(3)
N