LL #11-1988(lease Use tbls Form for Filiat Your 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.
CMK)X
C" of .. WAPP.INGE R ...........................................
Town
y9k1k
Local Law' No..... �� ................. of the year 19 B .......
local law .Ragulating. F.or. An. -In: erim-Pv�
riad. The..Isauance. of..Bui1di:u3..
Ons
Permits In The Town Of Wappi.ngc�r, Pending Completion And Review
Of An Updated And Revised Comprehensive Master Plan And
Contemplated Amendment Of The Zoning Ordinances By The Town -Board.
Be it enacted by the ............................ ......•••••
...................... of the
(Name of Legniati..e Body)
C'"if>K r $S follows:
Q0k of MAP RING r R ...................................................
Town
XibaN
_ ( ATTACHED- HERETO. ) _.
LOCAL LAW REGULATING FOR AN INTERIM PERIOD THE ISSUANCE OF BUILDING
PERMITS IN THE TOWN OF WAPPINGER, PENDING COMPLETION AND REVIEW OF
AN UPDATED AND REVISED COMPREHENSIVE MASTER PLAN AND CONTEMPLATED
AMENDMENT OF THE ZONING ORDINANCES BY THE TOWN BOARD.
BE IT ENACTED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
1. SHORT TITLE
This Local Law shall be known and may be cited as the "Interim
Zoning Law" of the Town of Wappinger.
II. LEGISLATIVE INTENT AND FINDINGS OF FACT
A. The Town of Wappinger, Dutchess County, New York, concerned about
land use and development trends in the Town and the region and the
standards contained in the Town's current development regulations,
has had prepared an updated Master Plan and intends to prepare an
appropriate Zoning Ordinance. For this purpose, the Town has and
intends to continue to conduct research, studies and surveys and
will present findings and recommendations to the public through
informational meetings and formal public hearings both by the Planning
Board and the Town Board. This procedure will lead to the adoption
of a revised Master Plan and the preparation of and adoption of
necessary amendments to the zoning ordinances and subdivision
regulations of the Town of Wappinger to implement such plan. The
necessary completion of research studies, surveys and rewriting and
adoption of Amendments to the Zoning Ordinance is expected to take nine
(9) months.
B. The Town Board does hereby find that, pending the completion of
the necessary surveys, studies, meetings and hearings and other actions
incident to proper consideration and decisions relative to the Master
Plan and any revisions and amendments of the Town zoning ordinances,
that appropriate statutory measures must be taken during this period
to protect the public interest by preserving the integrity of the
proposed revised Master Plan and Zoning Ordinance. The Town Board also
finds that continuation of present zoning regulations during the interim
period may destroy the integrity of the Master Plan and its basic
purposes, comprehensive aspects and intentions, in that, since the
adoption of the Master Plan now in effect, the Town has experienced
localized ground water shortages and pollution, building on steep
2
slopes, infrastructure deficiencies, and the lack of affordable
housing, and the rapid escalation in land values. Pursuant to
authority duly vested in it, it is the intention of the Town Board to
protect said Master Plan and to preserve its intended objectives and
insure implementation by hereby adopting reasonable protective interim
regulations during preparation and consideration of the aforesaid
Master Plan and prospective changes in the zoning ordinances and thereby
protect the public interest and welfare and prevent premature land
development that could prejudice the integrity and objectives of the
Master Plan or result in the establishment of land use patterns that
may be inconsistent with and in violation of the intent of the revised
Master Plan. The interim zoning legislation is intended to supplement
existing zoning laws'in the Town of Wappinger by adding area to the
minimum lot size required in each residential and business districts
with all requirements of the supplemented zoning designation in the
present law to apply as is set forth in Section 421 and 422 as
supplemented herein. The Town Board further provided herein for a
review and appeals procedure to avoid or minimize any iniquities or
hardships that may result from the strict application of these regulations.
II_I. SUPPLEMENT TO CHAPTER 66 OF THE TOWN OF WAPPINGER ZONING ORDINANCE.
A. Section 421 and 422 entitled "Schedule Establishing Standards" of
the Town of Wappinger Zoning Ordinance is supplemented by the following,
1
area requirements as set forth in the following table:
TABLE
S 421 SCHEDULE OF REGULATIONS FOR RESIDENTIAL DISTRICTS
Lot Designation Square footage
R 10 20,000
R 15
R 20
30,000
40,000
R 40 80,000
S 422 SCHEDULE OF REGULATIONS FOR NON RESIDENTIAL DISTRICTS
PI IA
PI IIA
2 Acres
4 Acres
OR IA 2 Acres
HB
IA
HB
2A
GB
NB
2 Acres
4 Acres
45,000 Square Feet
1 Acre (40,000)
3
B. Any application for subdivision in accordance with subdivision
regulations that has been granted "preliminary approval" by the
Planning Board prior to the effective date of this Law shall be
allowed to continue under the pre-existing schedule of standards.
C. Section 421 "Multiple Family Resident Districts 3 acres and
5 acres" and "425 PUD" is suspended until this Law expires.
D. The official Zoning Map and Zoning Law of the Town of Wappinger
adopted March 10, 1980 shall be deemed supplemented accordingly.
E. This Law shall expire nine (9) months from the date of adoption.
F. Notwithstanding anything to the contrary herein, no provision
of this Interim Zoning Local Law shall govern any property serviced
by both a Sewer Disttrict and a Water District. Any property serviced
by both a Sewer District and a Water District shall continue to be
governed by the provisions of the Zoning Ordinance without regard to
this Local Law.
G. Nothing contained herein shall be deemed to apply to or effect
any subdivision of land where the ultimate result will be three lots
or less.
IV. SCOPE OF CONTROLS.
A. During the effective period of this Law:
1. Building permits shall be issued in accordance with the
revised standards herein.
t
2. The issuance of building permits where a completed application
has been submitted to the Building and Zoning Inspector within thirty
(30) days from the effective date of this Law,fshall be in accordance
with the requirements of the law existing immediately prior to the
adoption of this Law.
V. APPEALS AND VARIANCES
Where there are practical difficulties or unnecessary hardships
in the way of carrying out the strict letter of this Local Law, the
Board of Appeals shall have the power, in passing upon appeals, to
vary or modify the application of any of the regulations or provisions
of this Local Law relating to the use, construction or alteration of
buildings or structures, or the use of the land, so that the spirit
of this Local Law shall be observed, public safety and welfare secured
and substantial justice done.
VI. PENALTIES
Any person, firm entity or corporation that shall construct,
4
erect, enlarge or alter any building or structure or subdivide any
land in violation of the provisions of this Local Law or shall
otherwise violate any of the provisions of this Local Law shall be
subject to the penalties authorized by Town Law Section 268 for
violation of any Zoning,Local Law.
VII. VALIDITY
The invalidity of any word, section clause, paragraph, sentence
part or provision of this Local Law shall not effect the validity of
any other part of this Local Law which shall be given effect without
such invalid part or parts.
VIII. REPEAL OF OTHER LAWS
All ordinances or parts of ordinances in conflict with the
provisions of this Local Law are hereby superceded to the extent
necessary to give this Local Law full force and effect during the
effective period.
IX. CONFORMING STATUS MAINTAINED
Any structure for which a Certificate of Occupancy has been
issued prior to the effective date of this Local Law shall continue
to be deemed conforming and shall not become "nor. -conforming". Any
application for alterations or additions to these existing conforming
structures shall be reviewed without regard to the provision of this
Local Law.
X. EFFECTIVE DATE
This Local Law shall take effect immediately, upon filing with
the Secretary of State.
M
N
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
1. (Final adoption by local legislative body only.)
1 hereby certify that the local law annexed hereto, designated as local law No. ....11......... of 19.9.8..
$}fNXX
of the SFX of.....W.appingex........ was duly passed by the ......Town..B.oa�d................................................
Town (Name of Legislative Body)
XX
on..M.ay...... 1.6 .......................... 19....8.8 in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,'
or repassage after disapproval.)
I hereby certify that the local law annexed hereto, designated as local law No.....................of 19........
County
City..................................................................................
of the Town of was duly passe y the (Name of Legislative Body)
Village not disapproved
19...... and was approved by the .......................................................
on................................................. PP
repassed after disapproval Elective Chief Executive Officer
and was deemed duly adopted on........................................................19........ , 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 19..........
County
City.... was duly passed by the ..............................................................................
of the .Lown Of .................................. (Name of Legislative Body)
Village not disapproved
...... and was approved by the...............................................................
on...................................................19. PP repassed after disapproval Elective Chief Executive Officer
on.................•..........•....•.......................19......... Such local law was submitted to the people by reason of a
mandatory referendum, and received the affirmative vote of a majority of the qualified electors voting
permissive
general
thereon at the special election held on......................................................19........ , in accordance with the appli-
ann ual
cable provisions of law.
4. (Subject to permissive referendum , and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. .................. of 19..........
County
City.......................................on
of the Town °f"""""""""""""'�""""" was duly passed by the ....................�NgT.� o . .. { Legi...slati..ve ... B.ody) .
Village not disapproved
19. and was approved by the.........................................................on
..................................................... repassed after disapproval Elective Chief Executive officer
19......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
19........, 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 chairman of the county legislative body, the mayor of a city or village or the supervisor of a town,
where such officer is vested with power to approve or veto local laws or ordinances.
Page 2
5. (City local law concerning Charter re% ision proposed by petition.)
I hereby cealf\ tlia� th,., lo( al ian%-:mexed hereto, designated as local law No ..................... of 19........
of the City of.......................................................................... ha%ing been submitted to referendum pursuant to the
provisions of § 37 of iiic ,',;unicipal IL-ille fiuleLaw,and !saving received the affirmative vote of a majority
of the qualified electors of such cit} noting thereon at the special general
ecialgeneral electron held on ..................................
...............19 ............ 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 19...... of the
County of........................................I State of New York, having been submitted to the Electors at the
General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the aff-innative vote of a majority of the qualified electors of the
cities of said county as a unit and of 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.)
V' 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 ............I .............. above.
Clerk of %g, Town or mte Clerk or
officer designated by local legislative body
Date: May 17, 1988
(Seal)
(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 .....IIT.T.TCHESS........................
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.
...........................................
Signature
AttOZAgY. to. ,the, Town ... . . . . ....... . . .
Tltle
Date: May 17, 1988
Town
of....wappinger...................................
XBe
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