LL #06-1996Section 1. Legislative Intent
After several years of study and review, the Town of Wappinger undertook a substantive
redrafting of its Zoning Ordinance and adopted a new Zoning Law, pursuant to Local Law No.
5 of 1990. While Local Law No. 5 of 1990 contained many changes to the prior Zoning
Ordinance, many of the provisions that were adopted were somewhat outdated and not consistent
with contemporary zoning and land use and planning practice. Accordingly, the Town Board
retained Frederick P. Clark Associates, Inc., a firm experienced in planning, land use,
development and environmental law to again study the Town of Wappinger Zoning Law, to
make recommendations to further update and modernize the Zoning Law consistent with
currently accepted land use and planning standards and procedures, recent enabling legislation
and new case law.
The studies undertaken by Frederick P. Clark Associates, Inc. have resulted in two (2)
prior amendments to the Town of Wappinger Zoning Law, which were adopted by Local Law
No. 1 of 1994 and Local Law No. 5 of 1995. The amendments proposed to be adopted by this
Local Law are a further result of the continued studies and recommendations made by Frederick
P. Clark Associates, Inc. to the Town Board. The proposed changes consist of redrafting major
portions of the Zoning Law and rezoning certain areas of the Town to more appropriate Zoning
Districts, specifically, the Old Route 9 area from Highway Office (HO) to Highway Business
(HB) and to rezone certain areas along New York State Route 9 from HO to HB.
The text changes include additions, amendments and revisions to: standards, procedure
and requirements for site plan development and non -conforming uses and structures; the
dimensional standards for residential and non-residential districts; the parking and loading
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requirements and standards; the procedures and criteria to be used by the Zoning Board of
Appeals; the procedures and requirements used for the issuance and enforcement of Building
Permits and Certificates of Occupancy; and the sign regulations in both residential and non-
residential districts.
To date, Local Law No. 5 of 1990 has been amended by the following: Local Law No.
5 of 1991; Local Law No. 8 of 1992; Local Law No. 2 of 1993; Local Law No. 3 of 1993;
Local Law No. 1 of 1994; Local Law No. 3 of 1995; and Local Law No. 5 of 1995.
References to "Article" and "Section" numbers hereafter are to Articles and Sections of
the Zoning Law of the Town of Wappinger adopted by Local Law No. 5 of 1990 as amended
through the date of adoption of this Local Law.
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(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. 06 of 1996
of the (5Z9,W XXCA4y)(Town)(Wik4A&e) of Wappincier was duly passed by the
TOWN BOARD on Nov. 25,, 1996, in accordance with the applicable provisions of law.
ame of Legislative o y
(Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I '-preby certify that the local law annexed hereto, designated as local law No. of 19
%W,he (County)(City)(Town)(Village) of was duly passed by the
Name of Legislative
on 19 , and was (approved)(not disapproved)(repassed after
o y
disapproval) by the and was deemed duly adopted on 19 ,
ectrve Chief xecutwe !titer -
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
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
(Name of Legislative Body
disapproval) by the on 19 Such local law was
Elective Chief Executive Officer') --
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
19_, in accordance with the applicable provisions of law.
(2
(Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19 Such local law was subject to
Elective Chief ExecutiveOfficer*)
permissive referendum and no valid petition requesting such referendum was filed as of
in accordance with the applicable provisiofis of law.
19 ,
'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 the power to approve or veto local
la%vs 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 19
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 .
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
il of the County of , State of New York, having been submitted to
Lthe electors at the General Election of November 19_, 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 of a majority of the qualified electors of the towns
of said county considered as a unit voting at said general election, became operative.
140(If any other authorized form of final adoption has been followed, please provide an appropritate 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.
er o kt►yk Qgde own g�
or officer ezignn�te y oca legileaive tot y
(Seal) Elaine H. Snowden
Date: November. 26, 1996
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney pf. 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 taken for the enactment of the local law annexed hereto.
Albert Roberts
Attorney to the Town
Title
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Town of WAPPTNGER
Nift e
Date: November 26, 1996
(3)