UntitledPLEASE TAKE NOTICE that the following Ordinance was adopted
by the Town Board of the Town of Wappinger at the Regular Meeting
held February 14, 1979:
The following Resolution was offered by Councilman Johnson
who moved its adoption:
WHEREAS on December 29, 1978, Supervisor Diehl by resolution
moved the holding of a public hearing on an amendment to the zoning
ordinance creating a recreational use development zone, and
WHEREAS the proposed amendment was referred to the planning
agencies of the Town of Wappinger and the County of Dutchess, and,
WHEREAS by letter of the Dutchess County Planning Board dated
January 12, 1979 recommending disapproval of the proposed amendment
to the zoning ordinance, and
WHEREAS by letter of the Wappinger Planning Board dated
January 16, 1979 approval was recommended subject to the incorpora-
tion of two modifications set forth therein, and
WHEREAS it is the intent of the Town Board to adopt said
amendment incorporating the modifications recommended by the
Town Planning Board, and
WHEREAS pursuant to General Municipal Law 239-m a statement
of reasons must accompany the adoption of an amendment to the zoning
ordinance when disapproval is recommended,
NOW, THEREFORE, BE IT RESOLVED that the amendment of the zoning
ordinance incorporating the changes recommended by the Town Planning
Board be adopted for the following reasons:
ONE: The proposed amendment will permit greater flexibility
in the planning of recreational sites in the town while affording
protection against the indiscriminate location otherwise.
TWO: The proposed amendment establishes sufficient criteria
to prevent indiscriminate misuse of the recreational zone .
THREE: The minimum size of the eligible parcels (5 acres)
coupled with review procedures will minimize the impact, if any,
of recreation use development sites in residential zones.
FOUR: Setback requirements are modified to conform with
existing criteria and zones.
FIVE: The Town Board as an elective body will be sensitive
to those criteria outlined in the Planning Board's letter; farmal
incorporation of the same would dilute the felxibility sought by
the town.
AN ORDINANCE AMENDING THE ZONING
ORDINANCE OF THE TOWN OF WAPPINGER
BE IT RESOLVED and ordained by the Town Board of the Town
of Wappinger, Dutchess County, New York, in pursuance of the
authority conferred by the laws of the State of New York, as
follows:
SECTION 1. The Town of Wappinger Zoning Ordinance adopted
January 29, 1963 and amended from time to time is further amended
by adding the following sections:
Section 470.10. Legislative Findings and Purpose
The Town Board finds it desirable, to promote the
orderly growth of recreational facilities within the town
and to establish a harmonious living environment relative
to these uses that would be otherwise not possible through
a strict Euclidian zoning ordinance and to permit a flexible
use toward land use for recreational purposes by not limiting
the development of non-public recreational uses to any
specific areas of the town but to permit placing of
recreational developments in any area of the town where
development of such use will be consistent and harmonious
with the land use structure of that area. This local law
will establish guidelines to define, in part, what elements
will be necessary to permit such recreational development
and establish a mechanism for such development to safeguard
those concerned.
Section 470.15.
Definitions.
Recreational Use: This term shall be broadly construed
and given its plain and ordinary meaning and shall include
all traditional forms of recreational activity but shall not
be construed to extend to those areas that are traditionally
in the form of entertainment rather than recreation such as
movie theaters, amusement halls, etc.
Section 470.20. Eligibility Requirements
Subject to the terms of this local law, a recreational
use development will be permitted within all zoning districts
of the Town of Wappinger upon approval of the Town Board.
a. Each recreational development will comprise at
least 5 (Five) acres of land having continuity without regard
to dividing streets, whether public or private on which
such tract may have frontage.
b. Ownership of the land proposed for recreational
development shall be that required by Section 460.32 of the
zoning ordinance.
C. Open Space. Not less than 30 percent of the total
area of recreational development shall be composed of open
space which shall be preserved in its natural condition.
Such land shall have physical, topographical, and geographi-
cal characteristicts which will adequately suit this purpose.
Section 470.30. Minimum Design Standards.
a. No structure shall exceed two and one-half stories in
height or 35 feet whichever is less.
b. No building or structure shall be built closer than
50 feet from the street line or shall be built at a distance
greater from any street line or boundary line which is less
than that applicable in the district surrounding the property or
adjacent to the property.
C. Off-street Parking. The provisions of Section
454.07 of the zoning ordinance shall control this section.
The Planning Board in reviewing the overall development
plan may require a number in excess of the same if the
proposed use requires the same and with due regard to the
health, safety, and welfare of the uses of the facility and
its surrounding community as a whole.
d. Utilities. All utilities servicing any building
or structure within the recreational use development shall
be installed underground in the manner prescribed by
applicable regulations.
e. Roads and Highways. All interior roads and parking
areas shall conform with the applicable standards contained in
the regulations of the Town.
f. Signs. Signs within a recreational use development
shall be limited to one in number and shall have setbacks as
required by the zoning law.
g. Fire protection. A recreational use development
shall be served with marked fire lanes adequate in design to
serve the facility.
h. Screening. Where non-residential use shall abut a
residential use, adequate and substantial natural screening
shall be provided.
Section 470.35. Location of Recreational Use Development
The Recrational Use Development shall be applicable to any
area of the Town as determined by the Town Board.
Section 470.40. Application Procedure
The applicant and town will follow those procedures
prescribed in Section 460.40 and 460.42 (Planned Unit
Development) excepting that references therein to Planned
Unit Development or "PUD" shall be deemed deleted and
substituted in its place shall be Recreational Use
Development.
SECTION 11. This Ordinance shall take effect upon
adoption, posting and publication as provided by Town Law.
•Seconded by: Councilwoman Reilly
Roll Call Vote: 5 Ayes 0 Nays
Dated: February 14, 1979