UntitledTOWN 'BOARD: TOWN CF KAPPINGER
DUTCHESS COUNTY: NEW YORK
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IN THE MATTER
OF
AN ORDINANCE ON PROPOSED
PLANNED UNIT DEVELOPMENT (PUD)
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
says:
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on April 23, 1973, your deponent posted a
copy of the attached notice of Public Hearing on the
Ordinance on Proposed Planned Unit Development, on the
signboard maintained by your deponent, in her office in
the Town Hall of the Town of Wappinger, Mill Street, in
the Village of Wappingers Falls, -Town of Wappinger,
Dutchess County, New York.
Elaine H. Snowden
Town Clerk
Town of Wappinger
Sworn to before me this
day of 1973.
Notary Public
R01?F'P,T W, IM, ON'Tr0SS
N'0TA5Y P';,".1_1;1 STA,E OF NEW YORK
FcSiDI +c i� !iUTCI;ES5 COUNTY .�
COMMISSION EXHUS MARGH 3U, 19...
PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger
;will conduct a public hearing at the Town Hall, Mill Street,
Wappingers Falls, New York on Wednesday, May 9, 1973 at
7:00 P.M. EDST to hear all persons concerning an Ordinance
on proposed Planned Unit Development (PUD) -
INSERT ORDINANCE
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ORDINANCE
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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 through
the use of performance criteria so that small -to -large scale
neighborhoods or portions thereof may be developed within the Tov.-n
that incorporate a variety of residential types and non-residenti:..
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 specificallyi
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 carzy 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. More usable open space and recreation areas;
3. More 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 ordinance,
Section 460.30 - General Requirements
Section 460.31- Minimum Area
Under normal circumstances, the minimum area requirement
to qualify for a Planned Unit Development District shall be Sevent-
five (75) contiguous acres of land. Where the anDlicant can apmnnI
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 mustbe
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 vection 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 ma
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 activi-
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
i4,each case the appropriate land use intensity of dwelling unit
density for individual projects. The determination of land
intensity ratings or dwelling unit densities shall be completely
documented, including all facts, opinions and judgments justifyi
the selection of the rating or density.
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Section 460.36 - Common Property'in the PUD
Common property in a PUD is a parcel or parcels of land
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 private. 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
dwel. ling unit type and the calculation of the residential density
in dwelling units per gross acre for each such area;
I 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. Euidence�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
findings 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.
a$le'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 unfavos
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 repo
sere given to the Town Board.
Section 460.43 - Application for PUD Districting
I. Upon receipt of a favorable report from the Planning
3oard, ori upon its own determination subsequent to an appeal from
Ln unfavorable report, the Town Board shall set a date for and
onduct a'public hearing for the purpose of considering PUD Dis-
ricting for the applicant's plan in accordance with the procedures
ures
stablished under Section 264 and Section 265 of the Town Law or
ther applicable law, said public hearing to be conducted within
Drty-five (45) days of the receipt of the favorable report or the
sion 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, that
portion of the applicant's property under consideration, and all
propert:,ies, 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 prc.vided.
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,'Iwith 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 in
areas with moderate to high susceptibility to flooding and ponding
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 with
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 A
icati
Within ninety.(90) days of the receipt of the applicatior
for preliminary site plan approval, the Planning Board shall act on
it. If no decision is made within said ninety-day'period, the
preliminary site plan shall be considered conditionally approved.
The Planning Boatd's action shall be in the form of a written
statement to the applicant stating whether or not the preliminary
site plan is conditionally approved. A copy of the appropriate
minutes of the Planning Board shall be a sufficient report.
If the preliminary site plan is disapproved, the Planning
Board's statement shall'contain the reasons for such findings. In
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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
Approva
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 fine
that conditions have changed significantly in the interim, the
Planning Board may require a resubmission of the preliminary site
plan fo 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 ica 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-�rconstruction differ from that of the PUD as a whole by
more than twenty percent (20%).
Section 460.60 - Other Regulations Applicable to Planned
_Unit eve oPmen s
Section 460.61 - Regulation after Initial Construction and
Occupancy
For the purposes of regulating and development and use of
property after initial construction and occupancy, any changes oche
than use changes shall be processed as a special permit request to
he Planning Board. Use changes shall also be in the form of a
equest for special permit except that Town Board approval shall
Iso be required. It shall be noted, however, that properties
lying in Planned Unit Development Districts are unique and shall be
o considered by the Planning Board or Town Board when evaluating
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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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4
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
--------------------------------
IN THE MATTER
OF
AN ORDINANCE AMENDING THE ZONING
ORDINANCE OF THE TOWN OF WAPPINGER
(AMENDING PUD ORDINANCE)
STATE OF NEW YORK )
COUNTY OF DUTCHESS )
says:
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on February 14, 1974, your deponent posted a
copy of the attached notice of Public Hearing on an
Ordinance Amending the Zoning Ordinance of the Town of
Wappinger, on the signboard maintained by your deponent
in her office in the Town Hall of the Town of Wappinger,
Mill Street, in the Village of Wappingers Falls, Town of
Wappinger, Dutchess County, New York.
Elaine H. Snowden
Town Clerk
Town of Wappinger
Sworn to before me this
day_. R f 1974
( JZL4�.
s.�
Notary a(ib 1 ilt
ANTHONY P. SILVESTRI
iflTARY PUu I S ,°,T Of t+ct1 Y�l�
HESiwifG Gi OiL;:ESS COU?r7Y
v�?M1&IS&ION EXYlBE�S iQAACt� 3Ei, ��,,,,�
a
PLEASE TAKE NOTICE that the Town Board of the Town of
Wappinger will conduct -,a public hearing at the Town Hall, Mill
Street, Wappingers Falls, New York on Monday, February 25th,
1974 at 8:00 P.M. EDST, to hear all persons concerning An
Ordinance Amending the Zoning Ordinance of the Town of
Wappinger (Amending PUD Ordinance).
The following Ordinance was introduced by Councilman
Clausen
who moved its adoption:
An Ordinance amendigg the Zoning Ordinance of the Town
of Wappinger.
Wappinger
as follows:
Be It Ordained by the Town Board of the Town of
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 holdi
will meet the objectives of this article,.the Town Board may con-
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
oper to reach an understanding on basic design requirements prior
to detailed design investment, the developer shall submit a sketct
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 informationz.
a. The location and types of the various
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.
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 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 general
g
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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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.
SECTION 4 Section 460.50 shall be amended to read as
IV
follows:
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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be to the Planning Board and shall be accompanied by the followin
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 easemcnts, 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, play-
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 syste
and location of such facilities; location and size of all signs;
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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 applicat
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 the Town Board.
The Building Inspector may then issue a building permit to the
applicant if the project conforms to all other applicable requir
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 writ
of its decision and its reason for disapproval. A copy of the
{
appropi.ate minutes may suffice for this notice.
SECTION 6 This Ordinance shall take effect upon adop-
tion, posting and publication as provided by Town Law.
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PLANNED UNIT DEVELOPMENT
Town Board
Town of Wappinger
Wappingers Falls, N.Y.
Memorandum:
On several occasions the Planning Board has discussed
with the Town Board and Mr. James Spratt, consultant to the
Planning Board, the desirability of incorporating into the present
zoning ordinance a floating zone. The objects of such a zone
would be to permit a greater variety of housing, lot sizes, etc.,
provide more usable open space and recreation, preserve natural
features and lower housing costs by requiring smaller networks
of utilities and streets.
The attached amendments to the present zoning ordinance,
dealing with the formation of a Planned Unit Development (PUD)
zone, were arrived at after considering many alternatives. They
are submitted for your consideration with the recommendation that
they be adopted as part of the Town Zoning ordinance.
The amendments were purposely written to provide a
maximum of flexibility and to permit the Planning Board to
consider applications for PUD by applying criteria of meeting
objectives as stated in 460.20 and considering -the factors
spelled out in 460.52 rather than on the basis of detailed and
specific requirements as in present zones which are tied to
specifically designated land areas in the town.
On the other hand, the review procedure for a PUD zone
is more extensive than that required for existing zones and
requires the applicant to supply more information than is
normally required.
The degree of control which the Town Board retains and
the opportunity for public review are, we believe, adequate to
assure that the Planning Board will act in accordance with both
your guidance and public sentiment.
The applicant must submit first a Sketch Plan which
must be reviewed by the Planning Board who in turn shall render
a favorable report to the Town Board or an unfavorable report to
the applicant. If a favorable report is rendered, it will be
accompanied by a recommendation for the Town Board to schedule
and conduct a Public Hearing. If an unfavorable report is
rendered, good and sufficient reasons must be supplied to the
applicant. The Town Board must render its decision on the PUD
application within 45 days of the public hearing.
Town Board -2- 6-23-72
The applicant must then submit to the Planning Board
an application for Preliminary Site Plan Approval which must be
acted upon within 90 days. Finally, the applicant must submit
his Final Site Plan for final approval of the Planning Board.
If approval is granted, the Planning Board must notify both the
applicant and the Town Board. After initial construction and
occupancy any changes shall require a Special Permit. If a
change of use is requested, such a permit requires approval of
both Planning Board and Town Board.
Provisions for assurance of Financial Responsibility
are required in the proposed PUD district.
The Planning Board has reviewed the desirability for
and the form of a PUD Zone at considerable length. We strongly
believe it will provide the Town with the additional tools it
needs to permit the development of selected sites in the Town
for their best use. We look upon it as a tool to fit special
situations rather than one to be used indiscriminately. Finally,
we have deliberately chosen the form of the amendments for
establishing a PUD zone to contain few specific restrictions.
This requires the use of considerable judgment on the part of
both the Planning Board and the Town Board but at the same time
permits projects which are imaginatively conceived and well
thought out to be considered without being arbitrarily prohibited
by technicalities.
We submit these proposed amendments for your consideration
and strongly urge you to set a Public Hearing at an early date.
Respectfully,
0�'
ROBERT Y. HEISLER
CHAIRMAN,
PLANNING BOARD
Attachment
I
PLANNED UNIT DEVELOPMENT
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 through 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-residehtial uses, and contain
both individual building sites and common property 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 growing 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::
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. more usable open space and recreation areas;
3. more 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 end thereby lower housing costs;
6. A more desirable environment than would be possible through
the strict application of other articles of this Ordinance.
Section 460.30 = General Requirements
rl..�Ab..r�■�. ■ r r �� Irw ■■■.. •- w
Section 460.31 - minimum Area
Under normal circumstances, the minimum area requirements to
qualify for a Planned Unit Development District shall be thirty five
('�5 ) contiguous acres of land. Where the applicant can demonstrate
that the characteristics of his holdings will meet the objectives
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
where the applicant can demonstrate that the characterists of his hold-
ings will meet the objectives of this article.
OS051572 -1-
Rev. 6/12/72
Section 460.34 - Permitted Uses
All uses within an area designated as a PUD District are
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 -Residential 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 activities,
churches, schools, and other community facilities shall also
be permitted as appropriate to the PUD.
Section 460.35 - Intensity of Land Use:
Because land is used more efficiently in a PUD, improved en-
vironmental quality can often be produced with a greater number of
dwelling units per gross building acre than usually permitted in
traditionally zoned districts. The Planning Board shall determine
in each case the appropriate land use intensity of dwelling unit
density for individual projects. The determination of land use in-
tensity ratings or dwelling unit densities shall be completely
documented, including all facts, opinions and judgments justifying
the selection of the rating or density.
Section 460.36 - Common Property in the PUD
Common property in a PUD is a parcel or parcels of land, to-
gether 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 private. When common property
exists in private ownership, satisfactory arrangements 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
r.
Section 460.41 - General
Whenever any Planned Unit Development is proposed, before any
permit for the erection of a permanent building in such Planned Unit
Development shall be granted, and before any subdivision plat of any
part thereof may be filed in the office of the County Clerk, the de-
veloper or his authorized agent shall apply for and secure approval
of such Planned Unit in accordance with the following proecdures:
Section 460.42 - Application for Sketch Plan Approval
1. In order to allow the Planning Board and the developer 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 he approximately to scale, though it need
not be to the precision of finished engineering drawing;
and it shall clearly show the following information:
a. The location: and' types' of the -.various .uses and their
areas ih acres;
3S051572 -2-
Rev. 6/12/72
b. The general 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 general extent, size and com-
position in terms of total number of dwelling units,
approximate percentage allocation by dwelling unit
type and the calculation of the residential density in
dwelling units per gross acre for each such area;
d. The interior open space system;
e. The overall drainage system;
f. A location map showing uses and ownership of abutting
lands;
g. Provisions for providing sewers, water and any other
utilities required.
2. In addition, the following documentation shall accompany the
sketch plan:
a. f:vidence 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 its re-
lated 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 findings which shall be in-
cluded as part of the report:
1. The proposal is conceptually sound in that it
meets local and area wide needs and it con-
forms to accepted design principals in the pro-
posed functional roadway and pedestrian systsm,
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
available 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 ap-
plicant what might be necessary in order to receive a
favorable report. The applicant may, within ten (10)
days after receiving an unfavorable report, file an
application for PUD Districting with the Town Clerk.
The Town Board may then determine on its own
initiative 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.
JS051572 -3-
Rev. 612/72
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 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, said public
hearing to be conducted within forty-five (45) days of the
receipt of the favorable report or the decision or appeal
from an unfavorable report.
2. The Town Board shall refer the application to the County
Planning Board for its analysis and recommendations;
pursuant 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 hearing, the
Town Board shall render its decision on the application.
Section 460.50 - Site Plan Approval Process
Section 460.51 - Application for Preliminary Site Plan Approval
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, 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 municipal
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, 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; des-
cription of method of sewage disposal, type
des-
cription 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:
JS051572 -4-
Rev. 6/12/72
1. Adequacy and arrangement of pedestrian traffic access and
circulation including intersections, road widths, channeliza-
tion structures and traffic controls.
2. Adequacy and arrangement of pedestrian traffic access and
circulation including; separation of pedestrian from vehicular
traffic, walkway structures, control of intersections with
vehicular 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 and in-
formal recreation.
B. Adequacy of water system, sanitary waste disposal facilities
and storm drainage system.
9. Adequacy of structures, roadways and landscaping in areas
with moderate to high susceptibility to flooding and ponding
and/or erosion.
10. Protection of adjacent properties against noise, glare,
unsighliness 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 with repre-
sentatives of Federal and State agencies including the Soil Con-
servation Service and the New York State Department of Environmental
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 Application
Within ninety (90) days of the receipt of the application for
preliminary site plan approval, the Planning Board shall act on it.
If no decision is made within said ninety -day period, the preliminary
site plan shall be considered conditionally approved. The Planning
Board's action shall be in the form of a written statement to the
applicant stating whether or not the preliminary site plan is con-
ditionally approved. A copy of the appropriate minutes of the
Planning Board shall be a sufficient report.
If the preliminary site plan is disapproved, the Planning
Board'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 applicant may prepare
JS051572
Rev. 6/12/72 -5-
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 pre-
liminary site plan and if the Planning Board finds that conditions
have changed significantly in the interim, the Planning Board may
require a resubmission of the preliminary site plan for further re-
view 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 ap-
proval. 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 Application
Within sixty (60) days of the receipt of the application for
final site plan approval, the Pldhning 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 con-
sidered 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 m.ay- then
issue a building permit to the applicant if the project con-
forms 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
appropriate minutes may suffice for this notice.
Section 460.56 - Staginq
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 ssveral 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 Unit
Developments
Section 460.61 - Requlation after Initial Construction andOccupanc
For the purposes of regulating and development and use of
property after initial construction and occupancy, any changes other
than use changes shall be processed as a special permit request to
the Planning Board. Use changes shall also be in the form of a re-
quest for special permit except that Town Board approval shall also be
required. It shall be noted, however, that properties lying in
Planned Unit Development Districts are unique and shall be so con-
sidered 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 Sub-
division Regulations, subject to the following conditions:
JS051572 -6-
Rev. 6/12/72
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 subdivi-
sion; 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 provisions of
Section 276 of the Town Law requiring that the plat be filed
with the County Clerk within ninety (90) days of approval
shall apply.
Section 460.70 - Financial Responsibility
r
No building permits shall be issued for construction within a
PUD District until improvements are installed or performance bond
posted in accordance with the same procedures as provided for in
Section 277 of the Town Law relating to subdivisions. Other such
requirements may also be established from time to time by the Town
Board.
3S051572 -7-
DUTCHESS COUNTY
DEPARTMENT OF PLANNING
Zi 47GANNON STREET POUGHKEEPSIE, NEW YORK 12601 485-9890
RECEIVED
To: Town Board MAY 14 1973
Referral: 73-94 Town of Wappinger ELAINE N. SNOWDEN
Re: PUD Amendment to the Town of Wappinger Zoning Ordinance
The Dutchess County Department of Planning within the framework of General
Municipal Law has reviewed the proposed amendment to the Town's Zoning
Ordinance which would permit planned unit developments.
The Department should point out to the Town the PUD experience of some other
communities, particularly where the ordinance has been loosely written with-
out specific standards. The generally written PUD ordinance, lacking specific
density and land -use mix provisions which are based on the community's needs,
has been used by developers to circumvent the original zoning ordinance and
provide a mixed zoning pattern maximizing his immediate economic return but
not benefiting the overall community. The project turns out to be less than
the community expects but mainly because the community hasn't spelled out in
advance in the ordinance, for all potential developers, what the community's
needs and standards are. To make matters worse, because the PUD provisions
lack specific standards, the community lacks any effective legal redress.
The ordinance which is loosely constructed is difficult to administer.
Because of the lack of predictability_of the intensity and character of
the PUD and the difficulty of administration in such an ordinance, the
citizens are frequently `°taken by surprise" and become understandably
fearful and negative about this new "unknown." Without predictability
public facilities and utilities, such as schools, sewers and water, can
neither be efficiently nor economically provided. These problems can all
be addressed via a tightly written PUD ordinance which states clear and
specific standards and criteria.
There appear to be five basic problem areas in the proposed Wappinger ordinance --
all of which seem to have vlable solutions. First, there are no stated density
limitations or standards for the placement of various levels of intensity of
use. Simply stated, there is a lack of predictability. This problem could be
overcome by directly tying the densities allowed in a PUD to the Town Develop-
ment Plan. A small density bonus could be allowed for preservation of unique
Z II c in desi n -- providing
natural resources, for amenities, and or exce en e g
incentive for the developer to produce a superior development.
Referral 73-94 Town of Wappinger
Page 2
Secondly, the proposed ordinance lacks a specific open space/recreation
requirement. Many communities mandate that 25 percent of the project be
reserved for residents' recreation and open space needs. An opportunity
is also afforded here for meeting significant open space/recreation needs
of the Town's residents as a whole.
Thirdly, the ordinance does not require public water and sewer. There are
methods for handling this problem that can benefit both the Town and its
new PUD residents, which are discussed in the County Planning Department's
publication Central Sewerage Service.
Next, the ordinance does not specifically regulate the mix of uses. Of
particular concern is the need to tie down the maximum permissible commercial
land use in relation to the number of dwellings to be built.
Finally, and particularly for large projects, there is a need to provide for
staging or phasing of development while reserving the right of the Board to
prohibit further construction if the development's timing has seriously lagged
and community needs have changed.
While we would welcome the opportunity to discuss the proposed ordinance in
detail with the Town and Planning Boards, we might still take this opportunity
to mention a few observations which, while not basic, may help in strengthen-
ing the PUD provisions. For instance, the Town could use the "Objectives"
section to spell out more specifically some of its particular needs and
concerns; included here might be the preservation of surface and ground
water resources and of other specific unique natural resources. Next,
stating specific permitted uses would probably help prevent unwelcome `sur-
prises.` The list could be expanded as needs increase. The Town might also
do well to specify the minimum distance between residential uses of various
types and nonresidential uses. Specific off-street parking requirements
should also be included. Finally, the Town could benefit by differentiating
among various road types, their development and use, and their relationship
to other land uses.
Recommendation
The Dutchess County Department of Planning based on its study and the above
findings recommends that the proposed PUD amendment be disapproved.
However, the Town Board is to be commended for moving in the direction of
providing for creativity and innovation in the future development of the°Town.
We would be happy to discuss the proposed amendment with the Board and to help
in developing specific standards in line with the needs and desires of the
Town.
The Dutchess County Department of Planning does not presume to base its
decision on the legalities or illegalities of the facts or procedures
enumerated in subject zoning action.
Dated: May 14, 1973
Henry Heissenbuttel, Commissioner
Dutchess County Dept. of Planning
' A ' •
To: Town Board
MANNING
york INDI 485-989
%ferraI: 74-07 Town of Wappinger
Re: PUD revision
The Dutchess County Department of Planning has reviewed subject referral
within the framework of General Municipal Law (Article 12B, Sections 239-1
and 239-m) and finds the decision in this matter primarily involves matters
of local concern.
The Dutchess County Department of Plannino recommends the decision be
based upon local study of the facts in the case.
The Dutchess County Deoartment of Plannina does not presume to base its
decision on the legalities or illegalities of the facts or procedures
enumerated in subject zoning action.
Dated: February 7, 1974
Henry Heissenbuttel, Commissioner
Dutchess County Dept. of Planninq
By:
(Mrs.) Caroline F. Raymo d, Associate Planner
R E C !V' D
ELAINE H, SidULN EN