UntitledPLEASE TAKE NOTICE that the Town Board of the Town of Wappinger
will hold a Public Healing on December 1st, 1986 at 7:15 P.M. at the
Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New
York, on an Amendment to the Zoning Ordinance Providing a New Section
Entitled"Mandatory Open Space Subdivision", as follows:
AN ORDINANCE AMENDING THE ZONING
ORDINANCE OF THE TOWN OF WAPPINGER
The following Ordinance was offered by Councilman Farina
who moved its adoption:
An amendment to the Zoning Ordinance of the Town of Wappinger for the
purpose of adding a New Section entitled "MANDATORY OPEN SPACE SUBDIVISION".
BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger
as follows:
1 The Zoning Ordinance of the Town of Wappinger, duly dpopted on March
10, 1980 and as amended from time to time is further amended by adding
Section 427 as follows:
SECTION 427 MANDATORY OPEN SPACE SUBDIVISION
427.1 PURPOSE
(7� f
V � •
y ^l 14 Vq
Section JJJA
MANDATORY OPEN SPACE SUBDIVISION
It is the intent of the Town of Wappi n::��_r to maintain open s.pa e
whenever possible i. n order to Preserve the sesnhetl c quality and
rural na.ture,of the town.
The purpose of the Open Space provision of this ordinance is to
permit the grouping of single -f almi l y dwel l tngE on suitable =oils
within t.l-ie various Residential Districts, on lots of al r_.:cIuaed
size, and to distribute the open space made available by
t: I' -I i .
reduction, to achieve a design of such subdivision to arr_ G(i1ri1C,_ic`I'I.: E
residential development in a manner which will minimize the
impact of development on open space in general, incl.uding other
important components of the environment relevant to the affected
area.
The Planning, Poalyd, upon review of a residential subdivision
Proposal, may request authorization from the
Town _card ]L'SUcrttG Chapter 412 o, State Law, InS:,
requiring the applicant to
provide an open Spate subdivision in compliance r•.li th this
ordinance and other duly adapted standards, to alccompl. i sh the
intent and purpose stated herein.
The applicant will only be required - r - ui.eF,n rd to 'Y i ll g an Open s p %; [: ,-
subdivision when rine or more 04 the following Objectives, in the
opinion of th a Pl. anni ng Board, is better accomplished by an open
space subdivision, as compared to a subdivision designed by
conventional grid pattern.
The Open Space development
Provision of this s. or-cli rla,nce does N,_ T
result in there being
ctny i,iCi'e Single—family dwellings 1
d��,� li.ng- than i-, u.1.d
have been allowed under a conventional subdivision.
s1On.
Protection of Dater
Protection of the ground or surface water, , wait:._,n ,s„
f 1 oodpl ai ns, or unique area._; of natural _r -a
significance, hi.;.nr-i.c
-2,7f I Z
"" SOILS
Prevent development on sails which would pr,sent a sped all.
hazard from erasion, slippage, settling, il.ng, or Wiser_!-
3 characteristics unsuitable Tor the proposed use.
�sEsRa
"tigat"on of. impacts identified
through
either the
State
Environmental
Quality Review Act or Town
Of Wappinger
local
law
42, 1177.
IIsi -L -E6
Page 1
x-27 ) �
10 Open Space
Preservation of open s1.'1;x;ce t[,Provide
E v1suQ Mogen or
._para�lOn betwE:�en structur'�es andPlaces [;r,i'+imonl y ocrupj ec
t ,►Sthe public.
Ql" - Roadways
Minimize the nl_Irrltier of new roads Or. driveways
IRCCEES from existing roads,
and the,amount ,.-,!•- r'IC;'1, !...or.'.t; tC,
be dedicated to the town.
lOMaster Plan
Accomplish specific ,,I _>-
We.ripiny�r MasterF'1 ;- ted yl, t,_:_ _.i.!I _. ,-
...,I regarding thosedealing
With residential development.
The 'town board may, by resolution,
authorize 'i f'i e Planning
to
lairirito reqire an open Space development LC
ard
tract of]vnc. cna Particular site or
1--Procedure
Where the Planning
Town,
otry aca_c e _ i+
in
the
interest
_nvtir, e�1 =1'ltL
f .
=
i•_;__"Board
Board shall request tho Town n_art_
fLautho
authorize 1tto mandate an Open Space
..l
shall l specify the
„C1=f�nt or
above), if any,which elements -
(from
XXX
ce_1f1cally describethe �-TTJ -"__C-:__i_r,
and shall
d=`, sl Oprisnt u.foul d r means by which :an Open Space
i"urther- the purposes �C:t forth
At thre same time that the '
l. anr:rl Board,,
to
_: -_'-to the Town Board, ' _
is sent
copy shall be sent =nL �`��-�t=- `_the owner of the land +_r which the -p,pl l cati on is baing
madev at h owner's last
known address,
i Such G•r:- ='1
11h=:ethe right to submit relevant
i rTown Board.,.f'rt
to the
The Town Board shall review the information
i of ocoati o
I =UbR
Lt _G by Planning Board and -Lcproperty ''ne-. At
1rEO1^r-==qi_:+, the Town Board
shall mem
t with
di. �CU�sdesirability the [rwne+- to
the of mandating
d���,-elcr�nienan Open _,p=-.==
t . 1`-�it a,ny _,i Lch meeting the Planning
Ce_ .grla ed re F •re=enta. i1_o its
representative(,) may be Present. After
reviewing the documents
and E".�1[�=n%a-=.l..1t,171i.1_.�..�_[,. ,.�,_
criteria set forth and LII_
i n Town
Board shall 1 deter mine whether or not to
Planning 1 to require -r-=submission _ _j -,s
- an Dp _:gin Space
development Plan. The determination shall 1 Considered
legislative detr�r„iina.ti _ri by the I _ `._f '-`•�'p- _
-7 ot�J rl Board. �i i-'_ ^,"i the
Page 2
Town Board's determination shall be sent by regular mail
to the Planning Board and the Property owner at the
owner`s last known address. If the Town Board declines to
authorize a mandatory Open Space development, then the-
Planning
hePlanning Board shall continue to review any conventional
subdivision plan submitted by the owner. If the Town Board
authorizes a mandatory Open Space development, then the
Planning Board shall forthwith determine whether or not to
require such development proposal, and proceed with the
application under the app]icable provisiona of this
section.
If the Planning Board determines that an Open Space
development shall be required, the Planning Board shall.
have the right to establish; the WERE within which
structures may be located, the height and spacing of
buildings, open spaces and their landscaping, of+ -street
open and enclosed parking spaces, stroets, driveways,
recreation areas and related facilities, and all other
physical features as may be shown on any proposed Dpen
Space Development Plan.
An application by the Planning Board to the Town Board for
.
authorization to mandate Open Space development may be
made at any -time prior to preliminary plat approval, but
may not be made after preliminary approval of a
,/r,r7 0,nonventional subdivision has been oranted.
K?!LXApplication Procedure
Except Es provided in this
Procedure shall be that of
awIication as provided for
Subdivision Regulations,
St §a
»KWO- Open Space Development Plan
Section, the application
a conventional subdivision
in the Town of Wappinger
Upon the presentation of a subdivision plan for an open
space subdivision of land for residential dwellings to be
approved by the Planning Board, showing all nitureI and
proposed features of the subdivision, the Planning Board
may waive the heretofore established requirements and the
required lot sizes, pursuant to Section 20 of the Town
Law, provided that:
1. The lot size per single-family detached dwelling is
not less than 12,000 square feet.
2. The frontage on a town road or public right-of-way
is not' less than 80 feet for half the lots in any
group of housing units, or less than 50 feet for the
remaining lots in any group of housing units. Not
10-6-S6
Page 3
?. All groups o" housing units nh._tl l be _IEParEtef_i ♦ y a
minimum of 100 feet of open space.
J.O. The minimum di = tan=e between the lot -
. r
.t l i n e c, ��, n .,;
gr oup of housing units andsubdivision property
line -shall be 100 feet.
11. The, minimum gross lot size 4or an Dpen Space
development shall be 10 acres.
12. The Permanently deeded open _pace area. _;Hall be not
less t han 50 percent of the lot _tr-ea, in an;,
residential district.
IM The maximum amount of impervious surface shall-
ot
be more than 15 percent ofthe ,l -c._.__ lot the
Space
J ..
[Open .Spatce devel'opiri 6t.
14y 11 J..
. In no shall the he =rmi tted number of dwelling
units exceed t) -1G nLtiriL-•er- of dwelling units which
would be permitted, in the Planning Poa;rds
judgement, i T the land had been L 1 : ]. l J into tV l__w
conforming to the minimum lot allowed by this
r
ordinance for thedi.strict Lir districts in which
such land is situated and Conforming to all other
applicable requirements.
15. Building lots shall be required, whe ne',!=r- possible,
in the Planning Boards judgement, to be situated on
soils which I wi1l adequately support
su.cl I
development.
more than two 50 foot
frontages _ .I ictl1. be adjacent to
each
other.
3.
The
building
height,
for- sin _ l p --f ami l y dwellings, is
not
more than
24 feet.
A.
The
lot width
at the
building 'line :is not lei -.<s. tlIasi
100
feet.
5.
The
lot de=pth
is not
less th +.n 12':_I feet.
b.
The
distance
between
buildings Ct' a3 1 be no le -_s than
30 feet.
7.
The
side yard
is not
less ti' an 15 feet.
E.
The
front and
rear yard
shall not be less than 05
.feet.
?. All groups o" housing units nh._tl l be _IEParEtef_i ♦ y a
minimum of 100 feet of open space.
J.O. The minimum di = tan=e between the lot -
. r
.t l i n e c, ��, n .,;
gr oup of housing units andsubdivision property
line -shall be 100 feet.
11. The, minimum gross lot size 4or an Dpen Space
development shall be 10 acres.
12. The Permanently deeded open _pace area. _;Hall be not
less t han 50 percent of the lot _tr-ea, in an;,
residential district.
IM The maximum amount of impervious surface shall-
ot
be more than 15 percent ofthe ,l -c._.__ lot the
Space
J ..
[Open .Spatce devel'opiri 6t.
14y 11 J..
. In no shall the he =rmi tted number of dwelling
units exceed t) -1G nLtiriL-•er- of dwelling units which
would be permitted, in the Planning Poa;rds
judgement, i T the land had been L 1 : ]. l J into tV l__w
conforming to the minimum lot allowed by this
r
ordinance for thedi.strict Lir districts in which
such land is situated and Conforming to all other
applicable requirements.
15. Building lots shall be required, whe ne',!=r- possible,
in the Planning Boards judgement, to be situated on
soils which I wi1l adequately support
su.cl I
development.
In reviewi.n6 the apmlicatior! for Open Space devel.om uY"'nt , the
e
Planning Board shall that t _ _ Board GArchitectural,
Review determine the suitability of the proposed cl eV +_In and
materials, and the Planning Board shall have the right to require
that said design and materials used shall be modified :so aa to be
more consistent with and ha.rmDni GUS to the general surrounding
15 community and its environment.
LAX" AYMAn-it-RUE
In addition to the requirements; n1 this, section, the: Planning
Board shall develop standards and criteria to be used d during the
r _.vi EV Of an Open Space development.
vim'Co.
D2u.l tant=.
When revs _-`wi ng an application under the pro i si. ons of this,
section, the Planning Board may retain independent architectural.
or engineering consultants. They reasonable fees and expenses o7
such consultants shall be paid by the applicant.
Per +5t.�_la.l. D len 2,lL!L e
^L!:L - - ---=t -
L�tNn=r-ship
Perpetual open space land, as required by this _.=ctiogin,
shall. be in one of the following forms of ownership: +
1 A homes association approved by the Town Board.
_. Any other- arrangement approved by the Town Board as
satisfying the intent tent o this se -tion.
jib= - Permanent Preservation
Perpetual open space land, t.o remain n f'oreve'r wild, shall
be dedicated to permanent Preservation by the t_cc•F= of :.
conservation easement granted to the -n,,,,in or to _t
qualified not—for--profit organization pursuant to Article
At, Title _ of the Environmental Conservation Law. Tht_
town shall accept the conservation easement pur_.uant to
Section 247 of the General Municipal Law. All property,
rights to the perpetual open space lot, with the enception
of uses not allowed -
_ _J a specified i r ! conservation
this cc+n�val_t
lon
easement, shall remain with a. home association.
All pe=rpetual open space dedicated to permanent.
Preservation shall be recorded di. r-e=tl y on the subdivision
plat. Resubdivision of such area.s is prohibited and
wording so stating shall be noted on the final plat,
10-6-86
Page, 5
~
Wo structures may be erected on the perpetual open space
except as shown on the approved development plan or as
approved by the town to aid in the management or use of
the perpetual open land for non-commercial Purposes -
Each deed to each lot sold shall include, by refwrence,
all recorded declarations, such as covenants, dedications
and other restrictions including assessments anthe
provisions for liens for nonpayment of such.
Prior to final approval the developer' shall file with the
Town Board a performance bond to ensure the Proper
installation of all recreation and park improvements shown
on the development plan and a maintenance bond to e/.sure
the proper performance by the developer regarding all
common lands. The amount and period of said bond shall be
determined by the Planning Board, and the form,
sufficjency, manner of execution and surety shall be
approved by the Town Board.
The developer shall delineate the boundary lines of the
perpetual open space by the installation of monuments.
Monuments shall be placed at minimum intervals of
feet or at each point where said boundary line changes
When the placement of a monument is required
-- -
for any particular Iar lot, it shall be installed prior to the
« issuance of the Certificate of Occupancy for said lot. The
location of all monuments shall be shown on the Dpen Space
Development Plan.
'71 73Homes Association
/
�equiremen�s
Whenever a homes aSsociation is proposed, the Town
Board shall retain the right to review and approve
the articles of incorporation and charter of said
homes association and to require any conditions it
shall deem necessary to ensure that the intent and
purpose of this section are carried out. In
consideration of said approval, the Town Board
shall, in part, require the Open Space development
to meet the following conditions:
1. The homes association shall be established as
an incorporated, nonprofit organization
operating under recorded land agreements
through which each lot owAr and any
succeeding owner is automatically a member,
and each lot is automatically subject to a
charge for a proportionate share of the
'expenses for the organizations activities.
10-6-86
Page �
'. Title to all common property shall be placed
in the homes association! `ir_. de.'f ini le ano
acceptable assurance shall be given that it.
au.toma.tiCal I will be so placed within t
r�- asonab3 e period sof time.
3. Each lot owner shall l have equal voting rights
in the association and shall have the right_
to the USF and enjoyment of the common
property.
4. Once established, all t' e;_,4. on :i. bi. 1 i ty ; nr-
operattion and maintenance of t. e common land
and facilities s;h a J 1 lie with the homes
association.
5. Dedication of c1 .i 7. tct_)fliiilt71-i a.i'{".'-t5 shall be
recorded directly on the subdivision plat, or
by reference on the plat, to at dedication in
'a. separately recorded document. Resubdivision
of such areas is prohibited. The dedication
shall.
at. Reserve the title of the common ........� r ty
t fnn �n E?I'r�pe -
for the homes association free of any
implied public dedication.
bi. Commit the developer to convey the areas
to the homes association at an approved
time.
c. Grant easements of enjoyment _j'yer" the area
to the lot owners.
d. Give to the homes a'ssoM =ttion the right to
suspend membership rights for nonpayment
of assessments or infraction of published
rules.
o. Covenants shall be established 1imiting all 1
lots to tingle family use, as stipulated on
the approved development plan, and all common
lands as perpetual open space. No structures
may be erected on such common land d ex=ep as
shown on the approved development plan, or as
approved by the town to aid in the management
or USE of the perpetual open land for.
non-commercial purposes.
7. Each deed to each lot sold shall include by
r Bier, once all recorded declarations, s --`-� _ .
U'._!I ctS
Covenants, dedications and other
restrictions, including asses-c;if!ents and the
Provision for liens for nonpayment of such.
10-6-66
>-6-66
Page
7
B. The homes association shall be perpetual and
shall purchase insurance, pay taxes, specify
in its charter and bylaNs an annual
homeowner's fee, provide for assessments and
establish that all such charges become o lien
on each property in favor of said
association. The homes associaLion shall have
the right to proceed in accordance with all
necessary legal action, for the foreclosure
and enforcement of liens, and it shall also
have the right to commence action against any
member for the collection of any unpaid
assessment in any court of competent
jurisdiction.
9. The developer shall assume all respons-
ibilities previously outlined for the homes
association until a majority of the lots are
sold, at which time the homes association
shall be automatically established.
10. Prior to final development plan approval the
developer shall file with the Town Board it
performance bond to ensure the proper
installation of all recreation and park
improvements shown on the development plan
and a maintenance bond to ensure the proper
performance by the developer regarding all
common lands until the homes association is
established. The amount and period of said
bond shall be determined by the Planning
Board, and the form, sufficiency, manner of
execution and surety shall be approved by the
Town Board.
11. Prior to plat approval, the town may form a
park district of the Open Space subdivision
including the perpetual open space, which
district shall have the power to take over
the work of the homes association in the
event of default or non-performance, in the
opinion of the Town Board, of such
association, and to tax tne property owners
of such district in order to defray the costs
associated with intended maintenance and
control as required. ,
- ^-~ noating and
BLAINE B. SDJO�D��
TOWN CLERK
TOWN 0Ir W&PPZ2VGER
/ Dated: DJonem1zez 14, 1986
Date of Publication: November 19, 1986