LL #03-2004NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
Local Law
(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 WAPPINGER
Local Law No. # 3 of the year 20 04
A local law (Insert Title) entitled "Local Law # 3 of 2004, amending the Town Code,
Section 240 Zoning, Schedule of Use Regulations — Residential Districts
and Schedule of Use Regulations — Nonresidential Districts and adding_ a
new Section 240-27.1, Temporary Construction and Sales Trailers."
Be it enacted by the TOWN BOARD
of the
(Name of Legislative Body)
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.)
DOS -239 (Rev. 11/99)
LOCAL LAW # , OF THE YEAR 2004
A Local Law entitled "Local Law # of 2004, amending the Town Code, Chapter 240,
Zoning, Schedule of Use Regulations — Residential Districts and Schedule of Use
Regulations — Nonresidential Districts, and adding a new Section 240-27.1, Temporary
Construction and Sales Trailers."
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 # 3 of 2004, amending the
Town Code, Chapter 240, Zoning, Schedule of Use Regulations - Residential Districts
and Schedule of Use Regulations — Nonresidential Districts, and adding a new Section
240-27.1, Temporary Construction and Sales Trailers."
Section 2: Legislative Intent
The intent of the proposed Local Law is to permit temporary construction and sales
trailers in association with new construction in the Town and to establish regulations and
standards. pertaining thereto to protect public safety, property values, and to avoid and
minimize any associated nuisances.
Section 3: The Town of Wappinger Zoning Law, Schedule of Use Regulations —
Residential Districts, shall be amended by adding the row "Temporary Construction
and Sales Trailers" as shown below:
Uses
Temporary Construction and
Sales Trailers (§240-27.1)
Districts
R-80, R-40/80, R-40, R -2F RMF -3, RMF -5
R-20/40, R-20, R-15,
R-10
Miscellaneous
PA PA PA
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Section 4: The Town of Wappinger Zoning Law, Schedule of Use Regulations —
Nonresidential Districts, shall be amended by adding the row "Temporary
Construction and Sales Trailers" as shown below:
Uses
Districts
HB MU HM NB GB CC SC HO HD COP AI PI PUD
Accessory Structures
Temporary
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
Construction
and Sales
Trailers
(§240-27.1)
Section 5. Chapter 240, Zoning Law, of the Town of Wappinger Town Code shall
be amended to add the following new Section, 240-27.1, Temporary Construction
and Sales Trailers, to read as follows:
"§240-27.1 Temporary Construction and Sales Trailers.
A. A temporary construction or sales trailer shall be permitted as a temporary
accessory use to residential and non-residential development projects, and a
building permit shall be issued therefor, subject to the following conditions:
(1) A construction trailer shall be limited to development projects involving the
construction of two (2) or more dwellings, or for a non-residential site
development plan involving more than five -thousand (5,000) square feet of
gross floor area.
(2) A sales trailer shall be limited to development projects involving the
construction of ten (10) or more dwellings, or for a non-residential site
development plan involving more than 20,000 square feet of gross floor
area.
(3) No more than one (1) trailer, whether it is for construction or sales, is
permitted per development project, or approved phase thereof.
(4) No trailer shall exceed 1,200 square feet of gross floor area.
(5) A construction or a sales trailer shall be utilized only for the express
purpose of site improvements and building construction, or the conduct of
business pertaining directly to the selling of lots and/or homes for the
subdivision or development in which it is located, respectively.
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(6) Construction and sales trailers shall meet the minimum setback
requirements from all existing streets abutting the perimeter of the subject
property and shall maintain twice the minimum required setback from any
residential property abutting the property on which it is located.
(7) Access to and parking for a construction or a sales trailer shall be from any
new or proposed road, where applicable, and as approved by the Planning
Board or, if proposed subsequent to subdivision or site plan approval, not
less than 25 feet from the edge of pavement of any proposed road; or as
otherwise directed by the Building Inspector. Before a sales trailer is
occupied, the binder course for the road providing access to it shall be
completed, where applicable.
(8) The location of a construction or sales trailer shall be shown on the
subdivision or site development plan approved by the Planning Board, or, if
proposed subsequent to subdivision or site plan approval, shall be subject to
approval by the Building Inspector and the Fire Inspector.
(9) A construction or a sales trailer shall be removed from the property and the
certificate of occupancy there for shall expire two (2) years from the date of
issuance of a certificate of occupancy therefore, or upon acceptance of the
road by the Town, whichever occurs first. In no case shall a construction or
a sales trailer be permitted for more than two (2) years for any development
or approved phase of development, unless otherwise extended by the Town
Board.
(10) No sales trailer shall be permitted, and all trailers shall be removed, where a
model house exists on the development site.
(11) A construction or a sales trailer shall be provided with all required utility
connections including but not limited to electricity, telephone service, and
shall meet all requirements of the New York State uniform fire prevention
and building code. All ' utility connections, including temporary
connections, shall -be underground.
(12) A certificate of occupancy for a sales trailer shall not be granted and no use
thereof shall be permitted until a water supply and sanitary sewage disposal
system have been approved, constructed, inspected and are in operation in
accordance with the requirements of the Dutchess County Health
Department.,
(13) The hours of sales operations shall be limited to 9:00 AM to 6:00 PM daily,
unless otherwise approved by the Town Board.
El
(14) Violations of the Zoning Law or other provisions of the Town Code may
result in the revocation of the certificate of occupancy for and the
immediate removal of any construction or sales trailer.
Section 6.
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 7: 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 8: 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.
E
(Complete the certification in the paragraph that applies to the filing of this local law and
strikeout 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. 113 of 2004
of the (Town) ff) of w.=invar was duly passed by the
Town Board on Fp-'h = 2 2004, in accordance with the applicable provisions of law.
(Name of Legislative Body)
(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 2004
of the (County) (City) (Town) (Village) of was duly passed by the
on 2004, and was (approved) (not approved) (repassed after
(Name of Legislative Body)
disapproval) by the and was deemed duly adopted on 2004,
(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 2004
of the (County) (City) (Town) (Village) of was duly passed by the
on 2004, and was (approved) (not approved) (repassed after
(Name of Legislative Body)
disapproval) by the on 2004. 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
2004, 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 2004
of the (County) (City) (Town) (Village) of was duly passed by the
on 2004, and was (approved) (not approved) (repassed after
(Name of Legislative Body)
disapproval) by the on 2004. Such local law was subject to
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of
2004, 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.
rel
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 2004
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
2004, 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 2004
of the County of State of New York, having been submitted to the electors
at the General Election of November 2004, 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 cities 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 indicated in paragraph 1 , above.
J 0
Clerk of C egis 9 e ody , Town or Village Clerk
or officer designated by loc egisla ' e body
(Seal) Date:
(Certification to be executed by County Att mey, Corporation Counsel, Town Attorney, Village Attorney
or other authorized attorney of locality).
STATE OF NEW YO
COUNTY OF p 4
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 o e 1 w annexed hereto.
Signature r
Title
f
T -own
Date:
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