LL #14-2002Kcal L a Fil in NEW YORK STATE DEPARTMENT OF STATE
" b 41 STATE STREET, ALBANY, NY 1231
(Use this term to rile 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.
UIW of WAPPINGER
Town -
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MX
Local Law ,Yo. ------JE 14 ------------------------- of the year 20.02--
Alocal law. -entitled "LOCAL LAW No. OF THE YEAR 2002, AUTHORIZATION TO
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-- - -
PLANNING BOARD TO PERMIT A CONSERVATION SUBDIVISION FOR LANDS OWNED
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BY CRANBERRY HILLS, LLC."
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Be it enacted by the ---------- Town_ Board
--------------------------------------------------------------- of the
r.Yan"e o/Lc`u/atns Body)
fi`��i7*X
�' . of--------WAPPINGER
Town --- -- - -- -- -- - - - - - - - - as follows:
1(
TEXT COMMENCES ON NEXT PAGE.
ITf additional -pa,;e is needed. attach pages the same size as this sheet, and number each.?
11()S-230rr.,,
LOCAL LAW NO. # 14 OF THE YEAR 2002
A Local Law entitled "Local Law No. 14 of the Year 2002, Authorization to Planning
Board to Permit a Conservation Subdivision for Lands Owned by Cranberry Hills, LLC."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title:
1. This Local Law shall be known and cited as Town of Wappinger "Local Law No.
#14 of the Year 2002, Authorization to Planning Board to Permit a Conservation Subdivision
for Lands Owned by Cranberry Hills, LLC". This Local Law will authorize a 322.67 acre tract
of land located on Widmer Road in the Town of Wappinger to be treated as a Conservation
Subdivision (cluster subdivision) and to otherwise modify the zoning regulations with respect to
lot area and dimensions pursuant to Town Law §278, as set forth below.
Section II: Legislative Intent:
1. Cranberry Hills, LLC (hereinafter "Cranberry") owns a 322.67 acre tract of land
located on Widmer Road in the Town of Wappinger (hereinafter "Property"). The Property had
previously consisted of a 550 lot subdivision, which subdivision has been abandoned by
Cranberry. Cranberry has made Application to subdivide the Property into a 232 lot Conservation
Subdivision for the same parcel of the land.
2. The proposed subdivision of these lands as a Conservation (cluster) Subdivision is
authorized by Town Law §278, in accordance with Town of Wappinger Zoning Code §240-19.B.
Pursuant to §240-19.B. of the Town Zoning Code, the Planning Board is only authorized to approve
Conservation Subdivisions whenever specifically authorized by the Town Board by Local Law
pursuant §278 of Town Law.
September 23, 2002
O:\WAPPINGE\Town Board\LOCAL LAW\Cranberry\LL2002-Fina1.doc
3. The cluster authorization was formally requested on behalf of Cranberry by its
attorneys, Watkins & Chemeff, by letter dated April 16, 2002. The 232 -lot cluster
subdivision will include building lots ranging in size from 0.24 through 8.35 acres in area.
The Applicant and the Planning Board have both otherwise complied with the provisions of
the Town Law §278 and §240-19 of the Town of Wappinger Zoning Code. The purpose of
this Local Law is to authorize the Planning Board to approve the 232 -lot subdivision as a
Conservation Subdivision as that term is defined in §240-19 of the Town of Wappinger
Zoning Code upon the terms and conditions hereinafter set forth.
4. The proposed subdivision will require disturbance of + 116.3 acres, including +
3.61 acres with slopes greater than 15% associated with road construction; + 0.57 acres of
ACOE regulated wetlands; + 0.21 acres of N.Y.S. D.E.C. regulated wetlands; and + 2.7
acres of N.Y.S. D.E.C. regulated wetland buffer. The disturbance to the wetland buffer
includes approximately 110 feet of N.Y.S. D.E.C. wetland crossings and an additional 200
feet crossing in one Federal wetland. The Town Board acknowledges that additional site
disturbance will occur when the Myers Corners Road access road is constructed as
hereinafter provided. The Town Board acknowledges that it has been demonstrated that the
aforementioned disturbances to the Federal and State wetland areas and buffers will be
approved by the N.Y.S. D.E.C. The Town Board acknowledges that the Planning Board has
coordinated the SEQRA review of this subdivision application and all of the aforesaid
environmental impacts as a Type I Action and as Lead Agency issued a Negative
Determination of Significance for this subdivision by Resolution dated May 20, 2002.
Based on the foregoing, and consistent with Town Law §278 and Town of Wappinger
Zoning Code §240-19, the Town Board determines that the proposed Conservation (cluster)
September 23, 2002
O:\WAPPINGE\Town Board\LOCAL LAW\Cranberry\LL2002-Final.doc
Subdivision is the most beneficial way to develop this property consistent with good
planning and zoning practices and sensitivity to environmental considerations. The Town
Board further determines that the proposed Conservation Subdivision will result in a more
efficient and attractive development, will ensure the appropriate preservation of open space
and environmental resources, and will minimize impacts upon surrounding and adjacent
properties.
Section III: Authorization to Approve a Conservation Subdivision:
1. Pursuant to Town of Wappinger Code Chapter 240.19.B., the Town Board hereby
authorizes the Planning Board of the Town of Wappinger to modify the zoning regulations with
respect to lot area and dimensions so as to permit a 232 -lot Conservation Subdivision on Property
owned by Cranberry Hills, LLC, identified as Tax Grid Number 6158-04-676438 on the Town of
Wappinger Tax Assessment Map and in accordance with a "Site Layout Plan" last dated June 18,
2002 prepared by Kellard Engineering and Consulting, P.C. provided that Cranberry Hills, LLC and
the Planning Board comply with the following terms and conditions:
(a) Cranberry Hills, LLC, its successors and/or assigns shall construct a road, built
to the Town of Wappinger Highway Specifications as same exist at time of
commencement of construction, from the proposed subdivision to Myers
Corners Road along properties presently owned by Cranberry Hills, LLC; the
construction of the road to Myers Corners Road shall be commenced and binder
course completed prior to issuance of any Building Permit for units in Phase IIB
as shown on the "Phasing Plan" prepared by Kellard Engineering & Consulting,
P.C., last dated June 18, 2002; upon construction of the road to Myers Corners
September 23, 2002
O:\WAPPINGE\Town Board\LOCAL LAW\Cranberry\LL2002-Final.doc
Road, Cranberry will not be required to make any improvements to the
intersection of New Hackensack Road and Widmer Road as previously offered
by Cranberry;
(b) a Sidewalk District shall be created for all areas within the subdivision wherein
it is proposed that sidewalks will be constructed;
(c) a Lighting District shall be created within all areas within the subdivision where
street lighting will be constructed;
(d) a Drainage District shall be created encompassing all phases of the subdivision;
(e) the Town Board shall review and approve conceptual architectural designs for
the elevations of proposed residences to be constructed within the subdivision.
("Elevation Designs")
(f) the Town Board hereby acknowledges receipt, review and approval of five such
Elevation Designs, said plans being more particularly identified on Schedule "1"
attached hereto. Notwithstanding the Elevation Designs incorporated in this
Local Law and approved herewith, The Town Board shall approve such
additional Elevation Designs as may be submitted by Cranberry from time to
time, provided such Elevation Designs are consistent with and in substantial
conformity of appearance and materials with any Elevation Designs previously
approved by the Town Board, or incorporate such changes or deviations
therefrom as the Town Board shall deem appropriate.. Such Elevation Designs
shall be approved by resolution of the Town Board without the passage of an
additional Local Law, which approval shall not be unreasonably withheld or
delayed.
September 23, 2002
O:\WAPPINGE\Town Board\LOCAL LAW\Cranberry\LL2002-Final.doc
(g) no house of identical exterior appearance shall be permitted to be constructed
immediately adjacent to a house of identical appearance along the same street
without the consent of the Planning Board, which may modify this restriction by
resolution only when necessary for sound planning purposes;
(h) the Town Board hereby acknowledges receipt, review and approval of the
conceptual scheme for the typical landscape plan for the proposed residences,
said landscaping plan is more particularly described in Schedule "2" attached
hereto. The Town Board shall approve such additional landscape schemes as
may be submitted by Cranberry from time to time provided such landscape
schemes are consistent with and in substantial conformity of appearance and
products as set forth in Schedule "2". Such additional landscape schemes shall
be approved by Resolution without passage of an additional Local Law, which
approval shall not be unreasonably withheld or delayed.
(i) any further Elevation Designs for residences to be constructed or any further
landscape plans or other design plans shall be prepared by an appropriate design
professional (architect, professional engineer, landscape architect, etc.);
0) the Town Board has reviewed and hereby approves the design of the light poles
for all street lights to be constructed within the subdivision. Attached as
Schedule "Y is the plan for the street lights hereby approved; the Town Board
may modify additional plans for street lights by resolution.
(k) any resolution of Final Subdivision Approval granted by the Planning Board of
the Town of Wappinger, shall include, as a condition thereof, the establishment
of a walking trail system through areas of the subdivision deemed appropriate
September 23, 2002
O:\WAPPINGE\Town Board\LOCAL LAW\Cranberry\LL2002-Final.doc
and designated by the Planning Board, upon the advice of the Town of
Wappinger Greenway Trail Committee, in furtherance of the enjoyment of the
natural environment;;
(1) any resolution of final subdivision approval granted by the Town of Wappinger
Planning Board, shall require review and approval by the attorney to the Town
of the form of any proposed rules and regulations of any Homeowner's
Association, if applicable, or of any deed restrictions, if applicable, prior to the
filing thereof, as may be required by the Planning Board;
(m) the Applicant shall amend the subdivision plans to be consistent with the
above referenced conditions prior to final subdivision approval.
Section IV: Amendment to Zoning Map:
In accordance with Section 248-8 of the Town of Wappinger Code entitled "Zoning Map",
the Town of Wappinger Zoning Map shall be revised to identify the subject 322 acre property as a
Conservation Subdivision pursuant to Section 278 of Town Law.
Section V: 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 application to other persons or circumstances. It is hereby declared
to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law
would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence,
September 23, 2002
O:\WAPPINGE\Town Board\LOCAL LAW\Cranberry\LL2002-Final.doc
subsection, word or part had not been included therein, and if such person or circumstance to
which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom.
Section VI: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law.
September 23, 2002
O:\WAPPINGE\Town Board\LOCAL LAW\Cranberry\LL2002-Final.doc
SCHEDULE 1
FIVE ARCHITECTURAL PLANS AND DESIGNS OF THE PROPOSED RESIDENCES
TO BE CONSTRUCTED WITHIN THE SUBDIVISION ("ELEVATION DESIGNS")
FINAL, — September 20, 2002
O:%'A'APPINr,E.Town Dcard\LOCAL LAW\Cranberry\LL2002.doc
P .2
Architectural Elevatio# Dam Description
Architectwal ekvation dcsigns submitted for initial approval consist of the following five
models-:
Model "A" Dated: 9/23102
Two story Cmftsman style
portico at front entry
side or front loaded garage, depending on lot
Model "B" Datod 9/23102
Two story Colonial style
Portico at front entry
Twin gables Bade — street elevation
Modei "C" Dated 9/23/02
Two story Colonial style
Caister Gable at roof line
Full porch on front elevation
Model "D" Dated 9123/02
Two story C mftsnm style
Full front porch
Twin gable *ado
Model Dated 9/23/02
Two story Traditional style
Multi gable sorest
All of the above Elevation Designs to have:
Asphalt roof shingles
Horizontal aiding (shingle or clapboard in appearance)
Traditional detailing (window & door heads)
Concxt'ta foundations
Shuttzzs — optional
Stone or brick - optional
All Elevation Designs are as shown on drawings prepared by
The Office of Carat Kurth J.W. Kurth, AIA, Architect, p.c.
WDAm
SCHEDULE2
TYPICAL LANDSCAPE PLAN
FINAL — September 20, 2002
O:\WAPPtNGE`Town Board\LOCAL LAW'Cranozrrv\LL2002.duc
P.2
The Office of
Carol J . W..Kurth, AIA
Architect, P. c.
71x Atc-<W BialdtnQ
$od(ord. W 10506-0323 Tcl: (914) 2]4-2593
FU: (914) 234.6332
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Schedule 2
Local Law No. of 2002
Cranberry Hills 232 -Lot Conservation Subdivision Authorization
Minimum Requirements of Typical Landscape Plan
Prior to Final Plat approval, the Applicants shall prepare a minimum typical landscaping
plan that will be required of each building lot that accomplishes the following objectives
and meets the following minimum planting requirements to the satisfaction of the
Planning Board:
1. Foundation Plantings. An adequate number of deciduous and/or evergreen shrubs
shall be planted along the front and longest side of the residence to screen the
foundation of the residence. Shrubs shall be a minimum of 18" in height at
planting, with a mature height of approximately 3'-4'.
2. Garage Screening. An adequate vegetative buffer shall be installed within the side
yard adjacent to a garage between the midpoint of the garage and the midpoint of
the length of the driveway to screen the garages and parking areas and buffer the
residences. Such buffer shall consist of a shrub mass (preferably evergreen) a
minimum of 3' in height at time of planting, with a mature height of 4'-6' or
greater.
3. Front Yard Trees. A minimum of one (1) ornamental or flowering tree shall be
installed within the front yard of each lot to provide visual interest and buffer the
residences. The tree shall be a minimum of 8'-10' in height at time of planting.
4. Side Yard Trees. A minimum of one (1) deciduous or evergreen tree shall be
planted within each side yard of the lot to provide shade and wind protection,
demark property boundaries, re-establish tree cover and to minimize impacts to
wildlife habitat. Generally, such trees shall be located within proximity to the
residence to provide shade and screening between residences, although the
location of trees can be adjusted to account for conflicts with existing vegetation,
field conditions, or other constraints. Deciduous trees shall be a minimum of 2"-
21/2" caliper at time of planting, and evergreen trees shall be a minimum of 6'-8' in
height at time of planting. Such trees may be waived where healthy and well -
formed specimens or stands of existing trees have been preserved within
respective side yard(s).
5. Rear Yard Trees. A minimum of two (2) deciduous trees and one (1) evergreen
tree shall be planted within each rear yard of the lot to provide shade, wind
protection, re-establish tree cover and to minimize impacts to wildlife habitat.
Generally, such trees shall be located so as to provide screening between
residences, although the location of trees can be adjusted to account for conflicts
with existing vegetation, field conditions, or other constraints. Deciduous trees
shall be a minimum of 2"-21/2" caliper at time of planting, and evergreen trees shall
be a minimum of 6'-8' in height at time of planting. Such trees may be waived
o:\wappinge\town board\local law\cranberry\landscapeplan-dwery.doc
where healthy and well -formed specimens or stands of existing trees have been
preserved within rear yard.
6. Invasive Species. The approved plant list shall exclude the use of plants that have
been identified as invasive species by agencies such as the Federal Interagency
Committee for the Management of Noxious and Exotic Weeds, including, but not
limited to: Norway Maple (Acer platanoides), Winged Euonymus or Burning
Bush (Euonymus alatus), Japanese Barberry (Berberis thunbergii), and Purple
Loosestrife (Lythrum virgatum).
7. Street Trees. Deciduous/shade street trees shall be planted at intervals in
accordance with the requirements of the Subdivision Regulations in a location
between the curb and property line as determined and approved by the Planning
Board in accordance with the streetscape detail plan.
8. Plant List. Attached hereto is a recommended plant list of trees and shrubs that are
appropriate and suited for the project and the above requirements. Other species
and varieties may be added subject to the approval of the Planning Board.
9. Stabilization of Disturbed Areas. All areas that are disturbed during the
construction process shall be graded, covered with 4 inches of topsoil, and seeded
and mulched.
w4appinge\town board\local law\cranberry\landscapeplan-dwery.doc
SCHEDULE 3
STREET LIGHTS PLAN
FINAL — September 20, 2002
O:\WAPPQYGE`,To•.vn Board\LOCAL LAW'Cranberry,LL2002.doc
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(Complete the certification in the paragraph that applies to the tiling 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.____0lk__________________________ of 20-P2 _
of the (C'UEHAY) C�,)(Town)( %) of----hiAPl?><N�hR-____--
TOWN BOARD ` -------------------------------------
--------- or0ctolae>~_15___ 22 was duly passed by the
(Na., of Legislan vt BoJvl
—0 - , in accordance with the applicable provisions of law
2. (Passage by local legislative body with approval, no disapproval or repassage after disapprovai
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. -----------------------------------
of
the (County)(City)(Town)(Village) of ------------------------ --- ---- -- - - - ------------- of 20 ------
was duly passed by the
_'----""""""'"'- 20 __- , and was (approved)(not approved)(repassed after
(Name o/Lrgulatevr Bodvl
disapproval) by the___________________________
-----------------------
and was deemed duly adopted on �
(Elective Chlef £secutive 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)(Villatze) of ________________ _ __
` - was duly passed by the
., - e at - -- 20---- , and was (approved)( approved)(repassed i.NamrglLegula(rveBoJv/ aot a roved (repassed after
disapproval) by the___________________
- -- - - -
iEleetivr Chlaf Esreutive Officer•) on ------------------- --'0---- . 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 (g eneral)(special)(annual) election held on __________________ 2(1in
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 the (Countv)(Citv)(-Ibwn)(Villaee) of ------------------------------------------------------ of20------
`was duly passed by the
on ------------------ '-0---- , and was a roved
�NOml Of LlglSla(l,'e a�J�, (pp )(not approved)(repassed after
disapproval) by officers)
------------------------------------------------ "_____
Eiecnve Che/Erec�uve _0 --_ . Such local law was subject to
I
permissive referendum and no valid petition requesting such referendum was filed as of __________________ 2(1___ , in
accordance with the applicable provisions of law.
* Elective Chiu ExeCUtiVe Officer means or includes the chicf execur've officer of a county elected on a cotrttty-
wide basis or, if there he none, the chairperson of the county iebislative body, the mayor of a city or village, or
the iupervisor ()f a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
r
5� �iClt, focal law concerning Charter revision proposed by petition.)
1 hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20_-_-
,6f the City of ----- having been submitted to referendum pursuant to the provisions
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 ------1-----, above.
Clerk of the County regislativey, C" tTown or Vi age Clerk
or officer designated by local 1 gislat' a body
Gloria J. ijorse wn Clerk
(Seal) Date: a6� '002
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF _Dutchess
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taker. for the enactment of the local law annexed hereto.
ALBERT P. ROBERTS, Attorney to Tourn
le
g$1}L of Wappinger
Town — –
Date: