1973ORDINANCE
The following Ordinance was introduced by Councilman
who moved its adoption.
BE IT RESOLVED and ordained by the Town Board of the Town of
Wappinger, Dutchess County, New York, in pursuance of the author-
ity conferred by the laws of the State of New York, as follows:
SECTION I. The Town of Wappinger Zoning Ordinance adopted
January 29, 1962 and amended from time to time is further amended
by adding the following sections:
Section 460 - Planned Unit Development
Section 460.10 - Intent
It is the intent of this Planned Unit Development (PUD)
section to provide flexible land use and design regulations throug
the use of performance criteria so that small -to -large scale
neighborhoods or portions thereof may be developed within the Town
that incorporate a variety of residential types and non-residential
uses, and contain both individual building sites and common proper-
ty which are planned and developed as a unit. Such a planned unit
is to be designed and organized so as to be capable of satisfactory
use and operation as a separate entity without necessarily needing
the participation of other building sites or other common property
in order to function as a neighborhood. This article specifically
encourages innovations in residential development so that the grow-
ing demands for housing at all economic levels may be met by
greater variety in type, design and siting of dwellings and by the
conservation and more efficient use of land in such developments.
Section 460.20 - Objectives
In order to carry out the intent of this article, a PUD
shall achieve the following objectives:
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1. A maximum choice in the types of environment,
occupancy tenure, types of housing, lot sizes and community
facilities available to existing and potential Town residents
at all economic levels;
2. P�iore usable open space and recreation areas;
3. Hore convenience in location of accessory commercial
and service areas;
4. The preservation of trees, outstanding natural
topography and geologic features and prevention of soil erosion;
5. An efficient use of land resulting in smaller
networks of utilities and streets and thereby lower housing costs;
6. A more desirable environment than would be possible
through the strict application of other articles of this ordinanc
Section 460.30 - General Requirements
Section 460.31- •inimum Area
Under normal circumstances, the minimum area requirement
to qualify for a Planned Unit Development District shall be Seven
five (75) contiguous acres of land. 1,7here the applicant can d
strate that the characteristics of his holdings will meet the ob-
jectives of this article, the Planning Board may consider projects
with less acreage.
Section 460.32 - Ownership
The tract of land for a project may be owned, leased or
controlled either by a single person, or corporation or by a
group of individuals or corporations. An Application must be
filed by the owner or jointly by owners of all property included
in a project. In the case of multiple ownership, the Approval
Plan shall be binding on all owners.
Section 460.33 - Location of PUD District
The PUD District shall be applicable to any area of the
Town as determined by the Town Board.
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Section 460.34 - Permitted Uses
All uses within an area designated as a PUD District ar
determined by the provisions of this section and the approval of
the project concerned.
1. Residential Uses: Residences may be of any variety
of types. In developing a balanced community, the use of a
variety of housing types and densities shall be deemed most in
keeping with this article. The developer shall meet as broad a
range of these needs as possible.
2. Accessory Commercial, Service and Other Non -Residen-
tial Uses: Commercial, service and other non-residential uses may
be permitted where such uses are scaled primarily to serve the
residents of PUD. Consideration shall be given to the project as
it exists in its larger setting in determining the appropriateness
of such uses.
3. Customary Accessory or Associated Uses: such as
private garages, storage spaces, recreational and community activ -
ties, churches, schools, and other community facilities shall als
be permitted as appropriate to the PUD.
Section 460.35 - Intensity of Land Use:
Because land is used more efficiently in a PUD, improve
environmental quality can often be produced with a greater number
of dwelling units per gross building acre than usually permitted
in traditionally zoned districts. The Town Board shall determine
in each case the appropriate land use intensity of dwelling unit
density for individual projects. The determination of land use
intensity ratings or dwelling unit densities shall be completely
documented, including all facts, opinions and judgments justifyin
the selection of the rating or density.
MM
Section 460.36 - Common Property in the PUD
Common property in a PUD is a parcel or parcels of lane
together with the improvements thereon, the use and enjoyment of
which is shared by the owners and occupants of the individual
building sites. When common property exists, the ownership of
such common property may be either public or privIte. When
common property exists in private ownership, satisfactory arrange
ments must be made for the improvement, operation and maintenance
of such common property and facilities, including private street,
drives, services and parking areas and recreational and open space
areas.
Section 460.40 - Application Procedure and Zoning Approval
Process
Section 460.41 - General
Whenever any Planned Unit Development is proposed, befoi
any permit for the erection of a permanent building in such
Planned Unit Development shall be granted, and before any subdiv-
sion plan of any part thereof may be filed in the office of the
County Clerk, the developer or his authorized agent shall apply
for and secure approval of such Planned Unit in accordance with th
following procedures:
Section 460.42 - Application for Sketch Plan Approval
1. In order to allow the Planning Board and the develop
to reach an understanding on basic design requirements prior to
detailed design investment, the developer shall submit a sketch
plan of his proposal to the Planning Board. The sketch plan shall
be approximately to scale, though it need not be to the precision
of finished engineering drawing; and it shall clearly show the
follow jag information:
a. The location and types of the various uses and
their areas in acres:
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b. The outlines of the interior roadway system and
all existing rights-of-way and easements, whether public or
private;
c. Delineation of the various residential areas
indicating for each such area its extent, size and composition in
terms of total number of dwelling units, percentage allocation by
dwelling unit type and the calculation of the residential density)
in dwelling units per gross acre for each such area;
d. A computation of the land coverage with buildings
and paved parking area.
e. The interior open space system;
f. The overall drainage system;
g. A location map showing uses and ownership of
abutting lands;
h. Provisions for providing sewers, water and any
other utilities required.
2. In addition, the following documentation shall
accompany the sketch plan:
a. Evidence -.that the proposal is compatible with the
goals of local and area wide plans, if any;
b. General statement as to how common open space is
to be owned and maintained;
c. If the development is to be staged, a general
indication of how the staging is to proceed. Whether or not the
development is to be staged, the sketch plan of this section shall
show the intended total project.
3. The Planning Board shall review the sketch plan and it
related documents; and shall render either a favorable report to
the Town Board or an unfavorable report to the applicant.
a. A favorable report shall include a recommendation
to the Town Board that a public hearing be held for the purpose of
considering PUD Districting. It shall be based on the following
Eindings which shall be included as part of the report:
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1. The proposal is conceptually sound in that it
meets local and area wide needs and it conforms to accepted design
principals in the proposed functional roadway and pedestrian
system, land use configuration, open space system, drainage system
and scale of the elements both absolutely and to one another.
2. There are adequate services and utilities avail-
able or proposed to be made available in the construction of the
development.
b. An unfavorable report shall state clearly the
reasons therefore and, if appropriate, point out to the applicant
what might be necessary in order to receive a favorable report.
The applicant may, within ten (10) days after receiving an unfavor,
able report, file an application for PUD Districting with the
Town Clerk. The Town Board may then determine on its own initia-
tive whether or not it wishes to call a public hearing.
4. The Chairman of the Planning Board shall certify
when all of the necessary application material has been presented;
and the Planning Board shall submit its report within sixty (60)
days of such certification. If no report has been rendered after
sixty (60) days, the applicant may proceed as if a favorable report
were given to the Town Board.
Section 460.43 - Application for PUD Districting
1. Upon receipt of a favorable report from the Planning
Board, or upon its own determination subsequent to an appeal from
an unfavorable report, the Town Board shall set a date for and
conduct a public hearing for the purpose of considering PUD Dis-
tricting for the applicant's plan in accordance with the procedures
established under Section 264 and Section 265 of the Town Law or
)ther applicable law, said public hearing to be conducted within
Eorty-five (45) days of the receipt of the favorable report or the
iecision or ap peal from an unfavorable report. In the event of an
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unfavorable recommendation by the Town Planning Board the pro-
visions of Section 603 of this Ordinance requiring a two -third's
(2/3) vote of the Town Board shall be applicable.
2. The Town Board shall refer the application to the
County Planning Board for its analysis and recommendations; pur-
suant to the provisions of Section 239-m of the General Municipal
Law and the provisions of this Section and the Town Board shall
also refer the application to the Town Engineer for his review.
3. Within forty-five (45) days after the public hearin
the Town Board shall render its decision on the application.
Section 460.50 - Site Plan Approval Process
Application for preliminary site plan approval shall be
to the Planning Board and shall be accompanied by the following
information prepared by a licensed engineer, architect and/or
landscape architect:
1. An area map showing applicant's entire holding, tha
portion of the applicant's property under consideration, and all
properties, subdivision, streets, and easements, within five
hundred (500) feet of applicant's property.
2. A topographic map showing contour intervals of not
more than five (5) feet of elevation shall be provided.
3. A preliminary site plan including the following
information:
applicant.
a. Title of drawing, including name and address of
b. North point, scale and date.
c. Boundaries of the property plotted to scale.
d. Existing watercourses and applicable municipal
district boundaries.
e. A site plan showing location, proposed use and
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height of all buildings, location of all parking and truck -loading
areas, with access and egress drives thereto; location and pro-
posed development of all open spaces including parks, playgrounds,
and open reservations; location of outdoor storage, if any;
location of all existing or proposed site improvements, including
drains, culverts retaining walls and fences; description of
method of sewage disposal, type and description of water system
and location of such facilities; location and size of all signs;
location and proposed development of buffer areas; location and
design of lighting facilities; and the amount of building area
proposed for non-residential uses, if any.
Section 460.52 - Factors for Consideration
The Planning Board's review of a preliminary site plan
shall include, but is not limited to the following considerations;
1. Adequacy and arrangement of pedestrian traffic acces#
and circulation including intersections, road widths, channeliza-
tion structures and traffic controls.
2. Adequacy and arrangement of pedestrian traffic acces
and circulation including; separation of pedestrian from vehicular
traffic, walkway structures, control of intersections with vehi-
cular traffic and pedestrian convenience.
3. Location, arrangement, appearance and sufficiency of
off-street parking and loading.
4. Location, arrangement, size and design of buildings,
lighting and signs.
5. Relationship of the various uses to one another and
their scale.
6. Adequacy, type and arrangement of trees, shrubs and
other landscaping constituting a visual and/or a noise deterring
buffer between adjacent uses and adjoining lands.
7. The adequacy of usable open space for playgrounds a
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informal recreation.
8. Adequacy of water system, sanitary waste disposal
facilities and storm drainage system.
9. Adequacy of structures, roadways and landscaping ir
areas with moderate to high susceptibility to flooding and pondin
and/or erosion.
10. Protection of adjacent properties against noise,
glare, unsightliness or other objectionable features.
11. Conformance with other specific charges of the Town
Board which may have been stated in the zoning resolution.
In its review, the Planning Board may consult with the
Town Engineer and other Town and County officials, as well as witt
representatives of Federal and State agencies including the Soil
Conservation Service and the New York State Department of Environ-
mental Conservation. The Planning Board will require the exterior
design of all structures be made by, or under the direction of a
registered architect whose seal shall be affixed to such plans.
The Planning Board may also require such additional provisions and
conditions that appear necessary for the public health, safety and
general welfare.
Section 460.53 - Action on Preliminary Site Plan Ap licatioi
Within ninety (90) days of the receipt of the applicatioi
for preliminary site plan approval, the Planning Board shall act oz
it. If no decision is made within said ninety-day period, the
Dreliminary site plan shall be considered conditionally approved.
the Planning Board's action shall be in the form of a written
>tatement to the applicant stating whether or not the preliminary
Ute plan is conditionally approved. A copy of the appropriate
cinutes of the Planning Board shall be a sufficient report.
If the preliminary site plan is disapproved, the Planning
oard's statement shall contain the reasons for such findings. In
such a case the Planning Board may recommend further study of the
site plan and resubmission of the preliminary site plan to the
Planning Board after it has been revised or redesigned.
Section 460.54 -Application for Final Detailed Site Plan
Approval
After receiving conditional approval from the Planning
Board on a preliminary site plan, and approval for all necessary
permits and curb cuts from state and county officials, the appli-
cant may prepare his final detailed site plan and submit it to the
Planning Board for final approval;except that if more than twelve
(12) months has elapsed between the time of the Planning Board's
report on the preliminary site plan and if the Planning Board find
that conditions have changed significantly in the interim, the
Planning Board may require a resubmission of the preliminary site
plan for further review and possible revision prior to accepting
the proposed final site plan for review.
The final detailed site plan shall conform substantially
to the preliminary site plan that has received preliminary site
plan approval. It should incorporate any revisions or other
features that may have been recommended by the Planning Board and/
or the Town Board at the preliminary review. All such compliances
shall be clearly indicated by the applicant on the appropriate
submission.
Section 460.55 - Action on the Final Detailed Site Plan
pp i.ca ion
Within sixty (60) days of the receipt of the application
for final site plan approval, the Planning Board shall render a
decision to the applicant and so notify the Town Board. If no
decision is made within the sixty-day period, the final site plan
shall be considered approved.
1. Upon approving an application, the Planning Board
shall endorse its approval on a copy of the final site plan and
shall forward it to the Building Inspector who may then issue a
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building permit to the applicant if the project conforms to all
other applicable requirements.
2. Upon disapproving an application, the Planning Board
shall so inform the Building Inspector. The Planning Board shall
also notify the applicant and the Town Board in writing of its
decision and its reasons for disapproval. A copy of the appropri-
ate minutes may suffice for this notice.
Section 460.56 - Staging
If the applicant wishes to stage his development, and he
has so indicated as per Section 460.42, then he may submit only
those stages he wishes to develop for site plan approval in
accordance with his staging plan. Any plan which requires more
than twenty-four (24) months to be completed shall be required to
be staged; and a staging plan must be developed. At no point in
the development of a PUD shall the ratio of non-residential to
residential acreage or the dwelling unit ratios between the several
different housing types for that portion of the PUD completed and/
or under construction differ from that of the PUD as a whole by
more than twenty percent (20%).
Section 460.60 - Other Regulations Applicable to Planned
Uniteve opmen s
Section 460.61 - Regulation after Initial Construction and
Occupancy
For the purposes of regulating and development and use of
?roperty after initial construction and occupancy, any changes othe
:han use changes shall be processed as a special permit request to
:he Planning Board. Use changes shall also be in the form of a
request for special permit except that Town Board approval shall
lso be required. It shall be noted, however, that properties
ying in Planned Unit Development Districts are unique and shall be
o considered by the Planning Board or Town Board when evaluating
these requests; and maintenance of the intent and function of the
planned unit shall be of primary importance.
Section 460.62 - Site Plan Review
Site Plan Review under the provisions of this article
shall suffice for Planning Board review of subdivisions under
Town Subdivision Regulations, subject to the following conditions
1. The developer shall prepare sets of subdivision
plats suitable for filing with the Office of the County Clerk in
addition to those drawings required above.
2. The developer shall plat the entire development as
a subdivision; however, PUD's being developed in stages may be
platted and filed in the same stages.
3. Final site plan approval shall constitute final
plat approval under the Town Subdivision Regulations; and pro-
visions of Section 276 of the Town Law requiring that the plat
be filed with the County Clerk within ninety (90) days of approva
shall apply.
Section 460.70 - Financial Responsibility
No building permits shall be issued for construction
within a PUD District until improvements are installed or perfor-
mance bond posted in accordance with the same procedures as
provided for in Section 277 of the Town Law relating to subdivi-
sions.
SECTION II. Section 300 of the Zoning Ordinance in hereby
amended by adding the following district:
"PUD - Planned Unit Development"
SECTION III. This Ordinance shall take effect upon adoption
posting, and publication as provided by Town law.
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The following Ordinance was introduced by Councilman
Clausen ' who moved its adoption:
An Ordinance amenda,ng the Zoning Ordinance of the Town
of Wappinger.
Be It Ordained by the Town Board of the Town of
Wappinger
as follows:
SECTION 1. Section 460.31 shall be amended to read
Section 460.31 - Minimum Area
Under normal circumstances, the minimum area
requirements to qualify for a Planned Unit Development District
shall be Seventy-five (75) contiguous acres of land. Where the
applicant can demonstrate that the.characteristics of his holding
will meet the objectives of this article, the Town Board may con -i
sider projects with less acreage.
as follows:
SECTION 2. Section 460.42 shall be amended to read
Section 460.42 - Application for Sketch Plan Approval
1. In order to allow the Town Board and the dev�l
oper to reach an understanding on basic design requirements prior
to detailed design investment, the developer shall submit a sketc
plan of his proposal to the Town Board. The sketch plan shall bi
_
approximately to scale, though it need not be to the precision ofl,
finished engineering drawing; and it shall clearly show the fol-
lowing information:..,.
a. The location and types of the various
0
uses and their areas in acres:
• b. The outlines of the interior roadway system
and all existing rights-of-way and easements, whether public or
private;
c. Delineation of the various residential areas
indicating for each such area its extent, size and composition in
terms of total -number of dwelling units, percentage allocation by
dwelling unit type and the calculation of the residential density
in dwelling units per gross acre for each such area;
d. A computation of the land coverage with
buildings and paved parking area.
of abutting lands;
e. The interior open space system;
f,,The overall drainage system;
gi A.location map showing uses and ownership
h. Provisions for providing sewers, water and
any other utilities required.
2. In addition, the following documentation shall ac-
company the sketch plan:
a. Evidence that the proposal is compatible wit
the goals of local and area wide plans, if any;
b. General statement as to how common open
space is to be owned and maintained;
c. If the development is to be staged, a genera
indication of how the staging is to proceed. Whether or not the
-development 'is to be staged, the sketch plan of this section.shal
show the intended total project.
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It
d. A metes and bounds description;
e. A photo copy of all deeds from which title
or ownership is -claimed;
tions.
f. A list or copy of all covenants and restric-
3. The Town Board may review the sketch plan and its
related documents.
follows:
SECTION 3.: Section 460.43 shall be amended to read as
Section 460.43 - Application for PUD Districting
1.Upon its own determination the Town Board may set a
date for and may conduct a public hearing for the purpose of con-
sidering PUD Districting for the applicant's plan in accordance
with the procedures established under Section 264 and Section
265 of the Town Law or other applicable law.
2. The Town Board shall refer the application to the
County Planning Board and the Town Planning Board for analysis
and recommendations pursuant to the provisions of Section 239-m
of the General Municipal, Law and the provisions of this Zoning
Ordinance and the Town Board shall also refer the application to
the Town Engineer for his review.
follows:
SECTION 4 Section 460.50 shall be amended to read as f
Section 460.50 - Site Plan Approval Process
After the approval by the Town Board of a Planned Uni
Development application for preliminary site plan approval shall
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kt-
location and proposed development of buffer areas; location and
design of lighting facilities; and the amount of building area
proposed for non-residential uses, if any.
follows;
SECTION 5 Section 460.55 shall be amended to read as
Section 460.55 - Action on the Final Detailed Site
Plan Application
Within sixty (60) days of the receipt of the application
for final site plan approval, the Planning Board shall render a
decision to the applicant and so notify the Town Board, If no
decision is made within the sixty-day period, the final site plan
shall be considered approved.
1. Upon approving an application, the Planning Board.
shall endorse its approval on a copy of the final site plan and
shall forward it to the Building Inspector and t,ie Town Board.
The Building Inspector may then issue a building permit to the
applicant if the project conforms to all other applicable require
ments,
2. Upon disapproving an application, the Planning
Board shall so inform the Building Inspector. The Planning
Board shall also notify the applicant and the Town Board in writ3
of its decision and its reason for disapproval. A copy of the
�I approlliate minutes may suffice for this notice.
SECTION 6 This Ordinance shall take effect upon adop-
tion, posting and publication as provided by Town Law.
.
Seconded b
I; y. Councilman Versace
I'
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Roll Call Vote: 5 Ayes
Ii
�
I�
be to the Planning Board and shall be accompanied by the foil
information prepared by a licensed engineer, architect and/or
landscape architect:
1. An area map showing applicant's entire holding,
that portion of the applicant's property under consideration and
all properties, subdivision, streets, and easements, within five
hundred (500) feet of applicant's property.
2. A topographic map showing contour intervals of not
more than five (5) feet of elevation shall be provided.
3. A preliminary site plan including the following
information:
a. Title of drawing, including name and address
of applicant.
b. North point, scale and date.
c. Boundaries of the property plotted to scale.
d. Existing watercourses and applicable munici-
pal district boundaries.
e. A site plan showing location, proposed use
and height of all buildings, location of all parking and truck -
loading areas, with access and egress drives thereto; location
and proposed development of all open spaces including parks, pla,
grounds, and open reservations; location of outdoor storage, if
any; location of all existing or proposed site improvements, in-
cluding drains, culverts retaining walls and fences; description
of method of sewage disposal, type'and description of water syst
and location of such facilities; location and size of all signs;