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1980-03-10PROPOSED ZONING ORDINANCE TOWN OF WAPPINGER, NEW YORK Revised: April 1979 f yZ INDEX PAGE ARTICLE I. PURPOSES Section 100 - Statement of Purposes 1 1 ARTICLE II. DEFINITIONS Section 200 - Definitions 3 3 ARTICLE III. ESTABLISHMENT OF DISTRICTS Section 300 - Classes of Districts 15 310 - Zoning Map 15 320 - Interpretation of District Boundaries 15 15 330 - Lots in Two or More Districts or Municipalities 16 340 - Order of Restrictiveness 16 +' ARTICLE IV. REGULATIONS Section 400 - Application of Regulations 17 401 - Conformity Required 17 402 - Minimum Requirements 17 403 - Conflicting Standards 17 404 - Non -Conforming Uses and Structures 17 17 Section 410 - General Regulations 411 - Building Lots 21 412 - Required Street Frontage 21 24 413 - Yards and Setbacks 24 _ 414 - Projecting Features Above Roof Level 26 415 - Miscellaneous Regulations 26 y 416 - Signs 417 - Assessory Building Attached to Main Building 28 30 418 - Minimum Dwelling Unit Size 31 419 - Wetlands and Steep Slopes 31 Section 420 - District Regulations 421 - Schedule of Regulations for Residential Districts 32 32 422 - Schedule of Regulations for Non -Residential Districts 33 423 - Multi -Family Residence District 33 424 - Beekeeping 425 - Planned Unit Development District 34 35 426 - Recreational Use Development 44 Section 430 - Special Permit Uses 45 431 - General Provisions 45 432 - Application for a Special Permit 45 433 - Required Plan 46 434 - Review by Other Agencies 46 435 - Notice to Abutting Property Owners 46 436 - Conditions and Safeguards 46 ' 437 - Action by Building Inspector 46 438 - Expiration of Special Permit 47 439 - Existing Violations 47;•- PAGE Section 440 - Individual Standards and Requirements for Particular Special Permit Uses 47 441 - Land Filling, Regrading, and Removal of Earth Material 47 442 - Designed Residential Development 50 443 - Mobile Home Park 58 444 - Additional Requirements for Motor Vehicle Sales, Gasoline Filling Stations, and Repair Garages 69 (Note there are no page 71 or page 72 in this report) .- Section 450 - Site Development Plan Approval 73 Section 460 - Standards Regulating Development in Flood -Prone Areas 77 Section 470 - Off -Street Parking and Loading 81 471 - General 81 472 - Existing Structures and Uses 81 473 - Location, Use, Design, Construction and Maintenance 82 474 - Schedule of Off -Street Parking Requirements 84 475 - Operation and Maintenance of Off -Street Parking Facilities 86 476 - Off -Street Loading Requirements 86 477 - Driveways 87 Section 480 - Performance Standards 88 481 - Conformance Required 88 482 - Purposes 88 483 - Standards 89 ' 484 - Liquid or Solid Wastes 92 485 - Vehicular Traffic 92 486 - Procedure 92 487 - Enforcement 93 ARTICLE V. ENFORCEMENT AND ADMINISTRATION 94 Section 500 - Enforcement 94 501 - General Provisions 94 502 - Enforcement Agents 94 503 - Violations and Penalities 94 504 - Additional Remedies 94 Section 510 - Zoning Board of Appeals 95 511 - Continuance 95 512 - Meetings and Minutes 95 513 - Public Hearings 95 514 - Powers and Duties 95 515 - Procedure 96 _ 516 - Vote Required 97 517 - Notice of Decision 97 518 - Appeal to Supreme Court 98 Section 520 - Building Permits 521 - General Rule 522 - Application Requirements 523 - Procedure for Issuance 524 - Records 525 - Inspection 526 - Completion of Structures for Which Permit Has Been Issued Section 530 - Certificate of Occupancy 531 - General Rule 532 - Continued Conformity Required 533 - Existing Structures ARTICLE VI. AMENDMENTS Section bUU - Amendments 601 - General Provisions 602 - Planning Board Review 603 - Dutchess County Planning Department Review 604 - Additional Notification 605 - Proposed Amendments ARTICLE VII. MISCELLANEOUS bection /UU - Separability Clause 710 - Short Title 720 - Effective Date PAGE 98 98 98 99 99 99 99 100 100 100 100 101 101 101 101 101 102 102 103 103 103 103 e -. ARTICLE I - PURPOSES c' Section 100 - Statement of Purposes For the purpose of promoting the health, safety, morals and the general welfare of the community, the Town Board of the Town of Wappinger, County of Dutchess and State of New York, under the authority granted by Section 261 of the Town Law and in accordance with the procedures in Section 264 of the Town Law and Section 239-m of r the General Municipal Law hereby adopts this Ordinance in furtherance of the adopted Town Development Plan and to promote the purposes set forth in Section 263 of the i Town Law including the following: :rte 101. To guide the future development of the Town in accordance with a comprehensive plan designed to represent and promote the most beneficial and convenient relationship among the residential, commercial, industrial, and public areas of the Town considering the suitability of•each area for such uses as indicated by existing conditions, trends and development and changing modes in living, and have due regard for the use of land, building development, and social, cultural and economic activity, both within the Town and with respect to the relationship of the Town to areas outside thereof. 102. To secure safety from fire, flood, panic and other dangers. 103. To provide adequate light, air and privacy. F 104. To prevent overcrowding of the land and undue congestion of population. 105. To promote the most beneficial relation between the use of land and buildings and the circulation of traffic throughout the Town, having particular regard to the avoidance of congestion of streets and provision of safe and convenient vehicular and pedestrian traffic movements appropriate to the various uses of land and buildings throughout the Town. 106. To facilitate the adequate provision of transportation, water, schools, parks and other public requirements. 107. To protect and conserve the value of land and buildings and the social and economic stability of all parts of the Town. 108. To prevent the pollution of water courses and wetlands; to safeguard the water table; to avoid hazardous conditions and excessive damage resulting from storm water runoff and flooding; and to encourage the appropriate use and sound • management of natural resources throughout the Town. _ 109. To preserve the natural beauty of the physiography of the Town, to protect the Town against unsightly, obtrusive, and obnoxious land uses and operations, to enhance the aesthetic aspect of the natural and manmade elements of the Town, and to insure appropriate development with regard to those elements. 110. To promote the preservation of the existing historic character of the Town, and to encourage the development of uses which would add to or be in harmony with this character. 111. To provide adequate and suitably located areas for recreation activities. 112. To bring the gradual conformity of the uses of land and buildings throughout the Town to the adopted Town Development Plan and to minimize conflicts among the uses of land and buildings. 2 ARTICLE II. DEFINITIONS Section 200 - For the purposes of this Ordinance only, certain words and terms used herein are defined as.followsz 210. General Construction of Language All words used in the present tense include the future tense, all words in the plural number include the singular number, and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. Unless otheniise specified, all distances shall be measured horizontally. The word "Town" means the Town of Wappinger; the term "Town Board" means the Councilmen of`6aid Board, and the Supervisor of said Town; the term "Board of Appeals" means the Zoning Board of Appeals of said Town; the.term "Planning Board means the Town Planning Board of said Town; the term "Town Plan" means the plan adopted by the Town Planning Board pursuant to Section 272-a of the Town Law; the term "Zoning Inspector" means the Inspector designated by the Town Board to administer this Ordinance. The word "shall" is mandatory and not directory. 220. Definitions Alter: To change or rearrange the structural parts of the T existing'facilities of a structure,,or to move a building from one location or 'position to another on the same lot. Arts and Crafts Any use involving the individual creation, fabrication, Occupation: storing and retail sale of items or articles considered by the Board of Appeals to be of an artistic nature, including drama, music, painting, pottery and sculpture studios, furniture, woodworking and ornamental iron shops. Basement: Boarding House: _- Building: That portion of a building wholly or partly underground, which extends no more than five (5) feet above the adjoining finished grade. A dwelling occupied by one family with three (3) or more boarders, roomers or lodgers in the same household, who are lodged with or without meals, in which there are provided such services as are incidental to its use as a temporary residence for part of the occupants and for which compensation is paid, either directly or indirectly. The term "boarding house" shall include "rooming house", "tourist house", "lodging house', but not "foster home", for the purpose of this Ordinance. Any structure having a roof supported by columns or similar supports or by walls, and intended for the shelter, housing or enclosure of persons, animals or chattel. 3 Building, A subordinate building, the use of which is customarily Accessory: incidental to that of a main building on the same lot, and the height of which does not exceed twenty (20) feet. Building, Area: $ui lding , • , . Coverage:-,. Building, Height: Total of areas taken on a horizontal plane at the main grade level of principal buildings and all accessory buildings, exclusive of uncovered porches, parapets, steps, and terraces. That percentage of the lot area covered by the combined area of all buildings or structures on the lot. The mean vertical distance measured from the finished grade adjacent to the exterior walls of the building to the level of the highest point of the roof if the roof is flat, or to the mean level between the eaves and the highest point of the roof if the roof is of any other type. Building, Length: The least horizontal distance between the furthermost walls of a building, measured along or parallel to the axis of its greatest dimension. Building, Main: A building in which is conducted the main or principal use of the lot on which said building is situated. Building, Set- A line indicating the minimum horizontal distance per - back Line: mitted between the outside line of the main building or any enclosed projection thereof and the lot line or street right-of-way line. Com: Any area of land, or land and water, including any build- ings, tents, shelters, or other accommodations suitable for temporary or seasonal living purposes, and any dwelling units occupied by the owner, caretaker, or superintendent. Camp, Day: Any camp, as defined in this Ordinance, offering day care or instruction for adults or children. Club: A voluntary organization, not conducted for gain,,with the facilities catering principally to members and to their guests for recreational, athletic or social purposes. Convalescent Home Any establishment where three (3) or more persons suffer -- or Nursing Home: ing from or afflicted with, or convalescing from, any infirmity, disease or ailment, are habitually kept or boarded or housed for remuneration, other than municipal or incorporated hospitals and establishments, licensed by the State Commissioner of Mental Hygiene, and mater- nity homes licensed by the State Commissioner of Health. In Corner Lot: A lot situated at the junction of and fronting on inter- sectina streets. Decibel: A unit of measurement of intensity of sound (the sound pressure level). Density Unit A Density Unit is defined as being equal to one or a proportionate combination of the following:. 1. 1 one:-family detached dwelling unit. 2. l dwelling unit containing three (3) or more bed- rooms in a permitted type of dwelling other than a ' one-family..detache4l'unit. 3. 1,5,dwelling units containing two (2) bedrooms each in permitted dwellings other than one-family detached units. 4. 2 dwelling units containing one (1) bedroom each in permittcd dwellings other than one-family detached units. 5. 2 studio or efficiency dwelling units in permitted dwellings other than one family detached units. _ Designed A group of residential dwelling units and accessory uses Residential constructed or to be constructed as a unified project under Development: a General Land Use and Development Plan approved in accord- ' ° ance with the requirements of this Ordinance. Dump: A lot or parcel of land, or part thereof, used primarily for the disposal by abandonment, dumping, burial, burning, or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind. Dust: Solid particulate matter capable of being air or gas borne. Dwelling: A building containing one (1) or more dwelling units. Dwelling - A dwelling containing only one (1) dwelling unit. One Familyz Dwelling - A dwelling containing two (2) dwelling units. 1 Two-Family: Dwelling - A dwelling containing three (3) or more dwelling units. Multi-Family: Duelling Unit A building or portion thereof providing complete housekeeping facilities for one family. 5 Dwelling Unit - A dwelling unit having common walls, floors, or ceilings Attached: with two (2) or more other dwelling units. Dwelling Unit •- A dwelling unit having no common walls, floors or Detached: ceilings with any other dwelling unit. Dwelling Unit - A dwelling unit which has a common wall, floor or Semi -Detached: ceiling with only one (1) other dwelling unit. Factory A structure designed primarily for residential occupancy Manufactured constructed by a method or system of construction whereby; Home: the structure or its components are wholly or in sub- -. stantial part manufactured in manufacturing facilities intended or designed for permanent installation, or - assembly and permanent installation, on a building site. - Family: A group of related individuals or not more `than four (4) unrelated individuals living and cooking together as a single housekeeping unit. A foster home under the jurisdiction of a public agency, shall be considered a "family" for the purpose of this Ordinance. Farm Use: A farm use shall be the use of a parcel of land either as a principal or accessory use for the purpose of producing agricultural, horticultural, floricultural, vegetable and fruit products of the soil, livestock and meats, poultry, eggs, dairy products, nuts, honey, wool and hides, but shall not include the breeding, raising _ or maintaining of fur --bearing animals, or piggeries, abattoirs, riding academies, livery stables or animal kennels. (See Section 421) Fast Food Any restaurant, tavern, lunch wagon, hot dog stand, Establishment: diner or food operation whose main purpose is the pre- paration of food for oft -premise consumption or consumption on the premises in motor vehicles. The conduct of a bakery or delicatessen shall'not:be deemed, to be a "fast food establishment". Filed Map: Any map or plat filed in the County Clerk's Office of Dutchess County. Flood: A temporary increase in strean flow or stage that results in water inundating areas adjacent or near to the usual channel. Flood -Prone Areas The channel of a watercourse and its adjacent areas or Flood Plain: subject to inundation by the 100 -year recurrence interval flood. - 100 -Year Flood: The highest level of flood that, on the average, is likely to occur every 100 years, or that which has a one percent (1%) chance of occurring in any year. Floor Area, The sum of the horizontal area of the several floors Gross: of a building or buildings, measured to the exterior of the outside wall of such buildings, but not to include attached or built-in garages, porches, or terraces, basements or unfinished floor area having a clear head room of less than seven (7) feet. Floor Area, The floor area in square feet of all buildings on a - Ratio: lot divided by the area of such lot in square feet. Frequence:. The number of oscillations per second of a vibration. Frontage: The extent of a lot along a street. ` Garage, Private: An accessory building, or part of a main building, used only for the permitted storage of motor vehicles as permitted in this Ordinance. Garage, Public: A:building, or part thereof, used for the storage, care and repair of motor vehicles for remuneration, and the sale of motor fuels dispensed from pumps located within the garage building, including any sale of motor vehicle accessories, or where motor vehicles are kept for hire or sale. _ - Gasoline Fil- Any area of land, including structures thereon, or any ling Station: building or part thereof that is used for the sale of motor fuel or motor vehicle accessories, and which may include facilities for lubricating, washing, or other minor servicing of motor vehicles, but not including body work, major repair or painting thereof by any means. Grade, The finished grade at any point along the wall of a Finished: building shall be the elevation of the completed surfaces of lawns, walks, and roads, adjoining the wall at that point. Greenhouse: A building used as a conservatory for the growing and protection of :flowers or plants, and for the pro- pagation and culture thereof. Home An accessory use, of a service character, carried on Occupation: by the residents of the premises, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character _ thereof, does not have any exterior evidence of such secondary use other than a permitted name plate and does not involve merchandising, trade or the exchanging _= of commodities by sale. The conduct of a clinic, hospital, barber shop, beauty parlor, tea room, tourist home, animal hospital, convalescent home, funeral home, and stores, trades or businesses of any kind shall not be deemed to be home occupations: 7 Hospital: A building for the diagnosis and treatment of human ailments, including a sanitarium, sanitorium or medical clinic. Hotel: A building, or portion thereof, containing rooms, with- out individual kitchen facilities, occupied by transient guests who are lodged with or without meals, which rooms have primary access from public halls, and in which building, or portion thereof, there are certain public rooms or halls for the service of food and drink, with or without entertainment, and other facilities intended to provide customary accessory conveniences or services - normally incidental to and associated with such a use. Houser Trailer: See "Mobile Home." - Impact Earth -borne oscillations occurring in discrete pulses Vibration- at or less than one hundred (100) per minute. Junk Yard: An area of land, with or without buildings, used for the storage, outside of a completely enclosed building, of used and discarded materials, including, but not limited.to, waste paper, rags, metal, building materials, house furnishings, machinery, unlicensed vehicles, or parts thereof, with or without the dismantling, processing salvage, sale or other use or disposition of the same. The deposit or storage on a lot of two or more wrecked or broken vehicles, or the major parts of two or more such vehicles are stored for six (6) months or more shall ' be deemed to make the lot a 'junk yard." Kennel - An establishment for the treatment, care, boarding commercial: or breeding of dogs or cats for a fee. Kennel - Private: The keeping of three (3) or more dogs or three (3) cats over five (5) months of age but not for commercial purposes. Loading $pace: An off-street space available for the loading or unloading of goods in compliance with the requirements specified in Section 470 of this Crdinance. Lot: A parcel of land not divided by streets, devoted to a particular use, or occupied or to be occupied by a building or buildings, together with any required open space, and having frontage on a street as defined herein or on such other means of access as may be deemed in accordance with the provisions of law to be adequate as a condition of the issuance of a building permit for a building or buildings on such land. Lot Area: The total horizontal area included within lot boundaries. Lot Depth: The mean horizontal distance between the front and rear lot lines measured in the general direction of the site lot lines. 8 s Lot Line: A property line bounding a lot as defined herein. Lot Line, In the case of a lot abutting upon only one street, Front: the line separating the lot from the street; in case of any other lot, the owner may elect any lot line abutting a street as the front lot line. Lot Line, The lot line which is generally opposite the front Rear: line. If the rear lot line is less than ten (10) feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be the line parallel to the front line not less than ten (10) feet long, lying wholly within the lot and farthest from the front lot line. Lot Width: The distance between the side lot lines taken at the building setback line and measured along a line parallel to the street right-of-way line. Medical Clinic: See "Hospital." Mobile Home: A movable or portable unit designed and constructed to be towed on its own chassis, comprised of frame and wheels, connected to utilities, and designed and constructed without a permanent foundation for year-round living. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity as well as two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components for repeated touring. "Mobile Home" shall mean units designed to be used exclusively for residential purposes, excluding travel trailer. Mobile Home Any plot of ground upon which two (2) or more house Park: trailers, occupied for dwelling or sleeping purposes, are or can be located, regardless of whether or not a charge is made for such accommodation. The term "Mobile Home Park" shall include the terms "House Trailer Park", "Mobile Home Trailer Park", "Trailer Camp", or other similar phrase. Motel: A series of attached, semi-detached, or detached dormi- tory units, having a private outside entrance for each unit, provided with an automobile parking space con- venient to each unit, and providing lodging with or without meals and other incidental services for a transient clientele. "Automobile Court" and "Tourist Court" shall both be deemed to be a motel. Non -Conforming A use of a structure or of land that does not conform Use to the regulations as to use in the district in which it is located. Nursing Home: See "Convalescent Home." 9 Octave Band: A means of dividing the range of sound frequencies into octaves, in order to classify sound according to pitch. Octave Band An instrument, standarized by the American Standards Filter: Association, used in conjunction with a sound level meter to take measurements in specific octave bands. Official Map: A map, adopted by the Town Board, showing streets, highways and parks already laid out, adopted and estab- lished by law. Drainage systems may also be shown on this map. Parking Area: An off-street area containing one or more parking spaces, with passageways and driveways appurtenant , thereto. Parking Space: An off-street space available for the parking of one (1) motor vehicle on a transient basis, and complying with the requirements specified in Section 470 of this Ordinance. Particulate Any finely divided liquid or solid matter, including Matter: smoke, capable of being air or gas borne. Planned Unit A single development or a group or combination of one Development: or more of the following: residential dwellings, com- mercial, industrial and/or office space; all constructed or to be constructed as a unified project under a General Land Use and Development Plan approved in accord- ance with the Town Development Plan. Porch: A roofed structure projecting out from the wall or walls of a main structure and which may be open to the weather. Ringelmann A chart for determining the density of smoke and which Smoke Chart: is issued by the Federal Bureau of Mines. Rooming House: See "Boarding House." School, A kindergarten, primary or secondary school not operated Private by a public school district but furnishing a compre- hensive curriculum of academic instruction similar to that of a public school, or a nursery school specifically designed and used to provide care or instruction for two (2) or more children under six (6) years of age. ` School, An educational institution operated by a public school Public district under the laws of the State of New York. Sign: Any structure or part thereof, or any device attached thereto or painted thereon, or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, work, model, banner, emblem, 10 light, device, trademark or other representation used as an announcement, designation, direction, display or advertisement of any person, firm, group, organi- zation, commodity, service., profession or enterprise when placed in such manner that it provides visual communication to the general public out-of-doors, but not including the following: 1. Signs maintained or required to be maintained by law or governmental order. + 2. The flag or insignia of any government or govern- mental agency. 3. The flag of any•civic, political, charitable, religious, fraternal or similar_ organization, which is hung on a flagpole or mast. 4. Religious or other seasonal holiday decorations which do not contain commercial lettering, wording, designs, symbols or other devices. Sign Area: Where a sign consists of a single board or face with information on one (1) side or both sides, the area which results by including the outside dimensions of such sign, not includincr the vertical, horizontal or diagonal supports which may affix the sign to the ground or to a structure or building unless such supports are evidently designed to be part of the sign as defined herein. Where a sign consists of several individual faces, the area shall be the total of the area of all such faces which can be observed from any one (1) point. Where the sign consists of individual letters or symbols attached to or painted on a building, the area shall be considered to be that of the smallest basic geometric shape (rectangle, triangle or circle) which encompasses all of the letters or symbols. Smoke: Any emission into the'ope.n air from any source, except emissions of uncontaminate,'. water vapor. Smoke Unit: A measure of the quantity of smo}_e being discharged and is the number obtained by multiplying the smoke density in a Ringelmann Smoke Chart by the time of emission in minutes. For example, the emission of Ringelmann Smoke Chart Number 1 for one minute equals one smoke unit. Steady -State Continuous earth -borne oscillations. Discrete pulses _ Vibrations: that occur more than one hundred (100) times per minute shall be considered steady-state vibrations. Sound Level An instrument, standardized by the American Standards Meter- Association, used for measurement of the intensity of sound and calibrated in decibels. owl Stable, An accessory building in which horses are kept for Private: use and not for hire, remuneration or sale. Stable, A building in which any horses are kept for remuuer- Public: ation, hire or sale. Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the surface of the floor and the top of the ceiling beams next above it. A basement shall be counted, as a "story" if the ceiling is more than five (5) feet above the average level of the adjoining finished grade, or if it is used for nonaccessory business purposes or " for dwelling purposes by other than a janitor or watchman. S.tory,;Half.. A story with at least two (2) opposite exterior sides meeting a sloping roof not more than two (2) feet above the floor of such story,. Streets An existing state, county or town highway, or a street shown upon a subdivision plat approved by the Town Planning Board, as provided by law, or on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of the Town Planning Board and _ the grant to such Board of the power to approve sub- division plats. Street Line: The dividing line between a street and a lot. (See also definition of "lot line, front.") Structure: Anything constructed or erected, the use of which requires location on or under the ground or attach- ment to something having location on the ground. "Structure" includes a building.. Structure Any change in the: supporting inembers of a structure, Alteration: including but not limited to, hearing walls, retaining walls, columns, beams or girc'_ers. Swimming Any body of water having an artificial bottom and/or Pool: sides and a depth of morF than two (2) feet in any point therein. Terrace: An uncovered flat platform of earth or other natural J material with or without a surface material or retain- ing walls. Any such platform with a roof or awning shall be considered a porch. Three Component A device for recording the intensity of any vibration Measuring in three mutually perpendicular directions. System: 12 Toxic or Noxious Matter: Trailer: Travel Trailer: Use: Use, Accessory Any solid, liquid or gaseous matter, including but not limited to gases, vapors, dusts, fumes and mists con- taining properties which by chemical means are: (a) inherently harmful and likely to destroy life or impair health, or (b) likely to cause injury to the well-being of persons or damage to property. See "Mobile Hone." A vehicular portable structure built on a chassis, designed to be used primarily as a temporary dwelling for travel, recreational, and vacation uses, having a body width not exceeding eight (8) feet and a body length not exceeding thirty-two (32) feet. The purpose for which land, water or a building or structure is designed, arranged, intended, or for which it is or may be occupied or maintained. A use which is customarily incidental and subordinate to the principal use on a lot and located on the same lot or water area therewith. Use, The primary purpose that a lot serves or is designed, Principal: arranged, or intended to serve. Utility, An electric Unit substation, municipal pump station or Public: water tower, municipal garage, firehouse, telephone substation and/or any utility approved by the Public Service Commission or other State agency. Utility, Any utility providing services to the public but not Private: regulated by a State regulatory agency. Wetland: Lands generally or intermittently covered with water which, by nature of their surface and/or sub -surface soil characteristics, contribute to the replenishment of the sub -surface water supply, including marshes, swamps, bogs, and other areas with poorly drained soils such as organic muck and alluvial soils. Water Course: Any flow or body of water which contains water or a flow of water at least six (6) months in the aggregate during the course of an average year. Yard: An open space on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except for permitted accessory uses and structures. In measuring a "yard", as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a build- ing or the point of a group of buildings nearest to 13 such lot line, and the measurement shall be taken at right angles from the line of the building, as defined herein, to the nearest lot line. Yard, Front: A yard extending across the full width of the lot and lying between the front line of the lot and nearest line of the building. Yard, Rear: A yard extending across the full width of the lot And lying between the rear line of the lot and the nearest line of the building. , Yard, Side: A yard between the side line of the lot and the nearest line of the building, and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front or rear lot line, as the case may be. f 14 ARTICLE III. ESTABLISHMENT OF DISTRICTS Section 300. Classes of Districts The Town of Wappinger is hereby divided into the following classes of districts: R-80 - 1 Family Residence District R-40 - 1 Family Residence District R-20 - 1 Family Residence District R-15 - 1 Family Residence District R-10 - 1 Family Residence District R -MF -3 -.Multi-family Residence District R -MF -5 - Multi -family Residence District PUD - Planned Unit Development District NB - Neighborhood Business District SC - Shopping Center Business District GB - General Business District HB -2A - Highway Business District - 2 Acres HB-lA - Highway Business District - 1 Acre OR -10A - Office/Research/Light Industry District - 10 Acres OR-lA - Office/Research/Light Industry District - 1 Acre AI -2A - Airport Industry District - 2 Acres PI-lA - Planned Industry District - 1 Acre 310. Zoning Map Said districts are bounded and defined as shown on the Map entitled, "Zoning Map of the Town of Wappinger, New York," which Map, with all explanatory matter thereon, is hereby made a part of this Ordinance. 320. Interpretation of District Boundaries Where uncertainty exists as to the locations of any boundaries shown on the Zoning Map, the following rules shall apply: 15 321. District boundary lines are intended to follow lot lines or the center line of streets, rights--of-way, or water courses, or be parallel or perpendicular thereto, unless such district boundary lines are indicated by dimensions shown on the zoning map. 322. Where district boundary lines divide a lot or unsubdivided property, the location of any such boundary, if not indicated by dimensions, shall be determined by the use of the map appearing thereon. 323. Where such boundaries are indicated as approximately following the property lines of parks, or other large public holdings, such lines shall be construed to be such boundaries. - 324. Where district boundaries are so indicated that they approximately - follow the edge of lakes, ponds, reservoirs or other bodies of water, the mean high water lines thereof shall be construed to be the district boundaries, except that the regulations of the most restrictive district on the edge of such a body of water shall apply to the area within the mean high water line and the body of water thereof. 325. Any boundary extending into the Hudson River or other, bodies of water bordering the Town shall be deemed to extend to the boundary of the Town, unless otherwise indicated. 326. If the district classification of any land is in question, it shall be deemed to be in the most restrictive adjoining district. 330. Lots in Two or More Districts or Municipalities Where a lot is divided by one or more zoning district or municipal boundary lines, each portion of such lot, and any building or land use established thereon, shall comply with the regulations of the district in which it is located. 340. Order of Restrictiveness For purposes of these regulations, where residence districts are referred to as "more restrictive" or "less restrictive", the designation shall refer to the order in which residence districts are set forth in Section 300, the first named being the most restrictive. 16 ARTICLE IV. REGULATIONS Section 400 - Application of Regulations 401. Conformity Required No building shall be erected, moved, altered, rebuilt or enlarged nor shall any land or building be used, designed or arranged to be used for any purpose or any manner except in conformity with all regulations, requirements, and restrictions specified in this Ordinance for the district in which such building or land is located. 402. Minimum Requirements 4 In interpreting and complying with this Ordinance, the requirements contained herein are declared to be the minimum requirements necessary for the attainment of the purposes set forth in Article I. 403. Conflicting Standards Where this Ordinance requires a greater width or size of yards or other open spaces, or a lower height of building, or a fewer number of stories, or a greater percentage of lot area to be left unoccupied, or otherwise imposes greater restrictions than required by any other statute, bylaw, ordinance or regulation, the provisions of this Ordinance shall govern. Where the pro- visions of any other statute, bylaw, ordinance or regulation requires a greater width or size of yards or other open spaces, or a lower height of building, or a fewer number of stories, or a greater percentage of lot area to be left unoccupied, or otherwise impose greater restrictions than are required by this Ordinance, the provisions of such statute, bylaw, ordinance or regulation shall govern. 404. Non -Conforming Uses and Structures 404.1 Continuing Existing Non -Conforming Uses Any lawful use of a structure or of land existing on the effective date of this Ordinance may be continued even though such use does not conform with the use provisions of this Ordinance. Such uses shall be deemed nan-conforming uses. 404.2 Non -Conforming Use of Land Where no structure is involved, the lawful non -conforming use of land may be continued, provided, that: 404.21 Such non -conforming use shall not be enlarged or increased, nor shall it be extended to occupy a greater area of land than occupied by such use at the time of the adoption of this Ordinance. .. Y 404.22 Such non -conforming use shall not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such non -conforming use at the time of the adoption of this Ordinance. 17 404.23 If such non -conforming use of land, or any portion thereof, ceases for any reason whatsoever for a con- tinuous period of more than two (2) years, or is changed to a conforming use, any future of such land shall be in conformity with all provisions of this Ordinance. 404.24 No non -conforming use of land shall be changed to another non -conforming use. 404.3 Non -conforming Use of Structures The non -conforming use of a building or structure may be continued provided that: 404.31 A non -conforming building c,r struct::_e shall not be enlarged or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this Ordinance, nor shall any external evidence of such use be increased by any means whatsoever, except that, when authorized by special permit of the Zoning Board of Appeals, a building containing a non -conforming retail or service business use may be enlarged or extended once to un--Ate.nt not e-.ceeding fifty (50) percent of the gross floor rrea of the building or buildings devoted to such non -conforming use which existed on the date that such use became non -conforming under the terms of the Towa of Wappinger Zoning Ordinance. All applications submitted to the Board of Zoning Appeals for such enlargements or extensions shall be referred to the Planning Board for site development plan approval prior to the granting of said special permit. 404.32 Such non -conforming building or structure, shall not be structurally altered or reconstructed, except for such alteration, maintenance and repair work as is required to keep said building or structure in safe condition. 404.33 Such non-conforning use shall be c,ianged only to a conforming use. 404.34 If such non -conforming use of a building or structure ceases for any reason f:" a continuous period of more than two (2) years, or is chanced to a conforming use, or if the building in or on which such use is conducted or maintained is mjved any distance whatever, for any reason, then any future use of such building or structure, and the land on which it is located, shall be in conformity with all_ provisions of this Ordinance for the district in which it is located. 18 404.35 Restoration of Damaged Buildings If any building legally non -conforming in use shall be destroyed by any means, it may be repaired or recon- structed to the same size and on the same location, or at the location specified for new buildings in the dis- trict in which such use is located. All repairs or reconstruction for such non -conforming use shall be completed within two (2) years of the date on which the destruction occurred. } 404.4 Non -Conforming Uses Subject to Additional Requirements In order to bring about the gradual conformance of incompatible uses to the requirements of this Ordinance, the following requirements are established: 404.41 Nan -Conforming Signs. Regardless of any other provision of this Ordinance, within a period of three (3) years from the date of this Ordinance, every sign which may exist as a non -conforming use in any district shall be discontinued and removed and/or changed to conform to the standards of said district and of the standards and requirements of any sign regulations in effect in the Town at such time. 404.42 Non -Conforming Junk Yards. Notwithstanding the pro- visions of Sections 404.1 through 404.3, in addition to the requirements set forth in any other Town Ordinance, special ordinance, local law or other regulation, every junk yard which, after the adoption of this Ordinance, may exist as a non --conforming use in any district shall, within a period of three (3) years from the date of this Ordinance, comply with the following requirements: 404.421 The junk yard shall be entirely surrounded by a fence or screening at least seven (7) feet high, but not higher than ten (10) feet, and evergreen landscaping, both of which shall be approved by the Planning Board as adaquate to provide reason- able protection to the value of the adjoining property. 404.422 The yards between the fence or screening and the boundaries of the lot shall be used only for land- scaping and for driveways located at places desig- nated by the Planning Board. Landscaping shall be specifically approved by the Planning Board, shall be sufficient to screen the junk yard and fence from surrounding properties, and shall consist primarily of evergreen planting. 404.423 The height of materials stored within the fenced area shall not be greater than one (1) foot less than the height of the fence. 19 404.424 No residential use shall be permitted on a site used for a junk yard exclusive of the owner's dwelling. 404.425 Only one (1) sign shall be permitted facing each public street. Signs shall be located in front yard, shall be no larger than twenty (20) square feet in area, and shall be no higher than seven (7) feet. 404.426 Use of a junk yard shall be limited to the ' storage of materials for salvage purposes, not including unbaled paper or rags, or any other _ materials which would be a nuisance because of dust, odor, or fire hazard. Use of a junk yard for the dumping of garbage or refuse shall not be permitted. Burning of any materials within the junk yard shall be prohibited. 404.5 Non -Conformity Other Than Use A building or structure which is conforming in use, but does not conform to the height, yard, building coverage, parking, or other dimensional requirements of this Ordinance, shall not be considered to be non -conforming within the meaning of Section 404.3 herein. However, no permit shall be issued nor shall any changes be made on such building or structure that will result in the increase of any such non -conformity. 404.51 For the purpose of this Section, a lot, and the buildings and structures located on it, which was created pursuant to the provisions of Section 412.02 of the Town of Wappinger Zoning Ordinance adopted January 29, 1963, which conformed to all of the requirements of that Section, shall not be considered non -conforming within the meaning of Section 404.3 herein. 404.6 Registration of Non -Conforming Uses During the first one (1) year following the effective date of this Ordinance or of any amendment thereto, the owner or owners of property on which there is a non -conforming, non-residential use of land or buildings (within the definition of this Ordinance, or which may be made so by an amendment thereto), shall register such non -conforming use by filing, with the Zoning Administrator, a statement of such non -conforming use. The acceptance of such statements shall not constitute an authorization to operate an unlawful use. The filing of a false registration statement shall constitute a violation of the Ordinance. If the owner of a non -conforming use shall not so register it, such use shall be presumed to have been discontinued unless the owner submits proof that the use existed legally prior to the effective date of the regulation that made it non -conforming. Annually, the Zoning Administrator may send a questionnaire to the persons who have 20 i registered a non -conforming use, inquiring as to the status of such use. Such questionnaire shall be sent by certified mail "return receipt requested" to the last addresses available from the filed registration statements. I£ such questionnaire is not returned within ninety (90) days, the Zoning Administrator shall so record this fact and send a notice to the last address of the owner to the effect that the non -conforming use is presumed to have been abandoned or discontinued unless the owner establishes, to the satisfaction of the Zoning Administrator, proof that the use has continued. Section 410. General Regulations The following regulations shall apply in all zoning districts: 411. Building Lots 411.1 Lot for Every Building Every building hereafter erected shall be located on a lot as defined herein. 411.2 Subdivision of a Lot Where a lot is formed hereafter from part of a lot already occupied by a building or structure, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this Ordinance with respect to the existing building and all yards and other required spaces in connection therewith. 411.3 Irregularly Shaped Lots Where a question exists as to the proper application of any of the requirements of this Ordinance to a particular lot or parcel, because of the peculiar or irregular shape of the lot or parcel, the Board of Appeals shall determine how the require- ments of the Ordinance shall be applied. 411.4 Lots Made Non -Conforming by Being Oversized A lot which does not conform to one or more of the minimum dimensional requirements of this Ordinance but would conform if it were reduced in size, shall be deemed to be a conforming lot within the meaning of this Ordinance. 411.5 Lots Under Water or Subject to Flooding All lots under water or subject to flooding shall be subject to the requirements for Flood -Prone Areas as required in Section 445 of this Ordinance. In addition, no more than ten (10) percent of the minimum area requirement of a lot may be fulfilled by land which is under 21 water or subject to periodic flooding. All minimum front, side, and rear yard requirements must be satisfied by measurement on dry land. 411.6 Lots Bordering Major Streams All lots bordering major streams shall be subject to the require- ments for Flood -Prone Areas as required in Section 445 of this Ordinance. No building permit shall be issued for the construction of any permitted principal or accessory use in any district within one hundred (100) feet of normal water edge of the main branches of Wappingers Creek and Sprout Creek. Existing buildings or structures shall be permitted to continue, but shall be deemed ' non -conforming within the meaning of Section 404.5 of this Ordinance. 411.7 Existing Undersized Lots A lot, the area or dimensions of which are less than that required for the district in which it lies may be deemed to qualify for the issuance of a building permit provided that all the following requirements are met: 411.71 The lot met the zoning requirements at the time the most recent deed to the lot was recorded. 411.72 All applicable district regulations other than the mini- mum lot area and lot width and lot depth are complied with. 411.73 The lot was separated in ownership from any adjoining tracts of land on the effective date of this Ordinance. If the owner of such lot owns other lots contiguous thereto, such other lots, or so much thereof as may be necessary, shall be combined with the first named lot to make one (1) or more conforming lots, whereupon a permit may be issued, but only for such combined lots. 411.8 Lots Made Non -Conforming by Future Amendment When and where the required area or dimensions of lots may be changed by future amendment of this Ordinance, any legal lot existing at that date and made non -conforming by such amendment, may be built upon subject to the limitations contained in Section 411.3 herein. 411.9 Modification of Lot Requirements For the purposes set forth earlier in this Ordinance and to promote natural resource preservation and conservation and to minimize the construction and maintenance costs of community facilities and utilities, all directed towards the objective of fostering and obtaining land development of good quality and design at reasonable economic cost, the Planning Board is hereby authorized to review and act upon all subdivisions in accordance with the following provisions. In all cases, the Planning Board shall have the full power of subdivision approval, approval with conditions, or denial, as authorized by the Town Law: 22 411.91 Average Density Subdivisions Simultaneously with the approval of a subdivision plat and pursuant to Section 281 of the Town Law, at the request of the applicant, the Planning Board is authorized to modify the zoning regulations with respect to lot area and dimensions, provided that the average size of all lots shown on the subdivision plat shall be equal to or greater than the permitted minimum lot area in such district, and that there shall not be a greater average density of Population, or cover of the land with buildings than is permitted in such district, and further provided that no lot shall have less than the minimum area and dimensions required for lots in the next less restrictive _ residential zoning district to the one in which the property is located. For the purpose of this section, "average density" shall be determined by the number of single family residences which could be built under the zoning district standards in full conformity with the Town's Subdivision Regulations and all other applicable requirements. The basis for this determination by the Planning Board shall be a conventional subdivision sketch layout for the subject property. 411.92 Conservation Subdivisions Pursuant to Section 281 of the Town Law, at the written request of the applicant to the Town Board, the Planning Board may be authorized to modify the zoning regulations in one -family residence districts with respect to lot area and dimensions upon such conditions as the Town Board may impose, and provided that: 411.921 Such modifications result in design and develop- ment which promotes the most appropriate use of the land, facilitates the adequate and eco- nomical provision of streets and utilities and preserves the natural and scenic qualities of open lands. 411.922 The permitted number of dwelling units in no case exceeds the number which could be permitted, in the Planning Board's.judgement, if the land were subdivided into lots conforming to all the normally applicable requirements of this ` Ordinance, the Land SuLdivision Regulations, the Dutchess County Department of Health Regulations, and all other applicable standards. The basis for this determination by the Planning Board shall be a conventional subdivision sketch layout for the subject property, plus such other information as may be required, by said Board, 23 411.923 The maximum permitted building height and the minimum permitted floor area requirements shall be the same as those normally applicable to other dwellings in the zoning district in which the property is located. 411.924 The dwelling units permitted may be detached, semi-detached, or attached structures, provided that there shall be no more than four (4) dwelling.units in any single structure. 411.925 In the event.that some part of said subdivision plat includes land to be devoted to park, recreation, or open space, the Planning Board, as a condition of plat approval, may establish such conditions on the ownerohip, use, and maintenance of such lands as deemed necessary by the Planning Board and such conditions shall be approved by the Town Board, 411,926 In addition to ccmplir�nce with any special standards, requirements and procedures as set forth in Section 411.92, conservation develop- ments shall also be subject to review and public; hearing by the Planning Beard in accordance with _ the same procedures as would otherwise be applicable to conventional ,_;ubdivision plats. Upon the filing o`- the plat in the Office of the - County Clerk, a copy shall also be r!quired tc be filed with the Town C1.erv, who shall make the appropriate notations and references thereto on the official copy of the Town Zoning Map. 412. Required Street Frontage No building permit shall be issued for the establ'.shmen;: of any use or construction of any structure unless thc+ lot upon which such use is to .be established or such structure is to be built .hail ront-.ge of at least twenty-five (25) feet on a street or highway which has Jeen suitable improved to Town road standarr?s or a ;3ond poste therefor, and unless the actual access to such use or such structure 14111 he over such frontage, all in accordance with the provisions of Section 280a of the Town Law. 413. Yards and Setbacks 413.1 Yard for Every Building No part of a yard or other open space provided about any building or on any lot for the purpose of complying with the provisions of this Ordinance shall be included as any part of the yard or open space for any other building or any othar lot. 24 413.2 Obstructions in Yards No buildings or structures, or any projection from buildings or structures shall be permitted in a required yard, except as follows: 413.21 Paved open terraces shall not be considered in the determination of yard size and lot coverage require- ments. 413.22 No porches or balconies may project into any required yard area. 413.23 Architectural features such as windowsills, door frames, chimneys, eaves, or cantilevered roofs may project up to three (3) feet into any required yard. 413.24 The yard requirements of this Ordinance shall -not be deemed to prohibit any accessory retaining wall, nor to prohibit any fence or wall, provided that.walls or fences in.required yard areas shall not exceed six (6) feet in height, above adjoining grade, unless that part above such height is not less than three -fourth (3/4) open construction. 413.3 Yard Requirements on Corner Lots On a corner lot, there shall be provided a side yard on a side street equal in depth to the required front yard..; A rear yard shall be provided on each corner lot and the property owner shall elect which yard is the rear yard. 413.4 Exception for Existing Alignment of Buildings If, on one side of the street within one hundred and fifty (150) feet of any lot, there is pronounced uniformity of alignments of the depths of front yards qreater or less than the required mini- mum depths specified in the Schedule of Regulations for Residen- tial Districts, a front yard shall be required in connection with any new building which shall conform as rearly as practicable with those existing on adjacent lots. 413.5 Swimming Pools A swimming pool shall be considered a structure and shall be set back from lot lines at least the minimum distance required for an accessory building in that district. A swimming pool must be completely surrounded by a fence or wall enclosure approved by the Building Inspector not less than four (4) feet in height with openings, holes or gaps (exclusive of gates or doors) therein not more than four (4) inches in one dimension, a part of which enclosure may consist of a dwelling house or accessory building. A wall or fence or other enclosure wholly enclosing a dwelling house shall constitute compliance with this requirement. W Each and every gate or door opening through such enclosure shall be equipped and maintained with effective self-closing and self - latching devices, except that the floor of any occupied dwelling house forming a part of such enclosure need not be so equipped. The use of a natural barrier, hedge or pool cover, will be deemed to satisfy the requirement of a fence or wall as specified above when approved by the Zoning Inspector of the Town of Wappinger. 414. Projecting Features Above Roof Level The maximum building height limitations of this Ordinance shall not apply to church spires and belfries in any case, nor to flagpoles, domes, silos, chimneys, ventilators, skylights, water tanks or television . antennae, or to similar features and such necessary mechanical appur- tenances not used for human occupancy provided that: 414.1 They shall not extend more than twenty (20) feet above the roof. 414.2 The total area covered by such features shall not exceed ten (10) percent of the area of the roof upon which they are located. 414.3 Parapets and cornices, used for ornamentation, and without windows, shall not extend more than five (5) feet above the roof. 415. Miscellaneous Regulations 415.1 Exterior Lighting All exterior lighting in connection with all buildings, signs, or other uses shall be directed away from adjoining streets and properties and shall not cause any objectionable glare observable from such streets or properties. Hours of lighting may be limited by the Planning Board in acting on any site development plan. No use shall produce glare so as to cause illumination beyond the property on which it is located in excess of 0.5 footcandles. 415.2 Landscaping, Screening and Buffer Areas 415.21 Visibility at Intersections. On a corner lot, no fence, wall, hedge, or other structure or planting, more than three (3) feet in height, shall be erected, placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said street right-of-way lines at points which are fifty (50) feet distant from the point of intersection, measured along said street right-of-way line. The height of three (3) feet shall be measured above a theoretical plane connecting those two points. This paragraph shall not apply to existing trees, pro- vided that no branches are closer than six (6) feet to the ground. 26 415.22 Multi-F4mily and Non -Residential Uses. 415.221 All portions of multi -family and non-resi- dential properties which are not used for locations for buildings, structures, off-street parking and loading areas, sidewalks or similar purposes, shall be landscaped and permanently maintained in such manner as to minimize erosion and storm water runoff and harmoniously blend such uses with the residential character of the Town as a whole. 415.222 In connection with the review of any site development plan or special permit application for a multi -family and non-residential use abut- ting or directly across a local street from any property in a residence district, a buffer strip shall be required along all such property lines. Such buffer strip shall comply with at least the following minimum standards: [a] It shall be of evergreen planting of such type, height, spacing and arrangement as, in the judgement of the Planning Board, will effectively screen the activity of the lot from the neighboring residential area. Non -evergreen planting may be included to supplement evergreen planting, but not to take its place. [b] It shall be at least twenty (20) feet in width. [c] A wall or fence of location, height, design and materials approved by the Planning ,Board may be substituted for part or all of the required planting and buffer area. [d] Where the existing topography and/or land - caping provides a6.equate screening, the Planning Board may modify the planting and/or buffer area requirements. 415.223 All plantings shown on an approved site develop- ment plan or special permit plan shall be maintained in a vigorous growing condition throughout the duration of the use, and plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season. 27 415.3 Tents, Trailers and Mobile Homes The use of tents, trailers and. mobile homes for permanent dwelling purposes shall not be permitted in any district except as permitted and regulate& in Section 443, Mobile Parks, of this Ordinance. One unoccupied camp trailer may be parked or stored in an enclosed accessory structure, or in a rear yard, provided that no permanent living quarters shall be maintained therein. 415.31 Temporary Occupancy A Certificate of Occupancy may be granted by the Building Inspector for a period not to exceed one (1) year in order to provide convenient temporary living quarters during the initial construction or substantial reconstruc- tion of a single family residence on the same lot. Such a temporary Certificate of Occupancy shall not be granted until a water supply and sanitary sewage disposal system have been approved, constructed and are in operation. A temporary permit may be issued by the Building Inspector for a period not to exceed one (1) year for use as a temporary field office in connection with and only during the course of construction. 416.Signs 416.1 Conformity Required No sign or billboard shall be erected, constructed, displayed, maintained, moved, reconstructed, extended, enlarged or altered except in conformity with and expressly authorized by the provisions of this Ordinance. 416.2 Relationship to'a Permitted Use All signs must pertain to a use conducted on the same property on which they are located. 416.3 Signs in Residence Districts In residence districts, the following signs are hereby authorized: 416.31 One (1) identification sign stating the name and address of 'resident, property, or permitted accessory use, not exceeding two (2) square feet in area may be attached to mailbox or supporting pole. If free standing, the sign shall be no closer than five (5) feet to paved road. 416.32 'One (1) "For Sale': or one (1) 'To Let" sign not exceeding six (6) square feet in area and set back at least fifteen (15) feet from any property line. 28 I 416.33 For non-residential special permit uses, one (1) sign at each access drive, not exceeding ten (10) square feet in area, and not located nearer than fifteen (15) feet to any side lot line, except that signs not exceeding one and one-half (1-1/2) square feet in area which are necessary for the direction, safety, and convenience of the public shall be permitted. 416.4 Sign Regulations in Residence Districts 416.41 No sign shall be illuminated. 416.42 No sign shall be mechanically animated, such as moving, rotating or revolving. 416.43 Permitted signs shall be limited to those which present information directly related to the conduct of a permitted use on the same premises'wheie the sign is located. 416.44 No sign shall be closer than fifteen (15) feet to the paved surface of the road. 416.5 Signs in Non -Residence Districts In non -residence districts, the following signs are hereby authorized: 416.51 Not more than one (1) sign affixed and parallel to the outer wall of the structure within which the permitted use is situated, facing upon either the principal street giving access to such structure or upon the parking lot pertinent to such structure, provided that: 416.511 The aggregate area of each such sign shall not exceed one (1) square foot for each linear foot of building facing such street or parking lot or one hundred (100) square feet, whichever is less. 416.512 No such sign shall exceed two (2) feet in height. 416.513 No sign shall project above the roof or beyond the side walls of the structure pertinent to the permitted use. 416.514 No sign shall face an abutting residential zoning district. 416.52 Not more than one (1) free standing sign, composed of no more than two (2) back to back faces, along each street on which the lot abuts provided that the aggregate area of each such sign shall not exceed one (1) square foot for each linear foot of building facing the street or twenty-five (25) square feet, whichever is smaller. 29 416.53 Directory Sign In the SC District, one (1) free standing directory sign, not exceeding forty (40) square feet in area, not ten (10) feet in any dimension, and, measured from the top of the sign, no more than twelve (12) feet above ground level, shall be permitted for each shopping center. 416.54 One (1) "For Sale" or one (1) "To Let" sign not exceeding six (6) square feet in area and set back at least ten (10) feet alor_j the frontage of each street upon which , the property is located. 416.55 One (1) identification sign, not exceeding six (6) feet in area, affixed and parallel to the outer wall of the structure, facing upon a street or parking lot not faced by a sign as permitted in 416.41 above. 416.6 Temporary Signs Temporary identifying signs, not exceeding six (6) square feet in area and not more than one (1) for each street frontage of the lot, shall be permitted during the course of construction only. 416.7 Sign Regulations in Non. -Residence Districts 416.71 One (1) permitted sign may be illuminated, provided such illumination shall not be twinkling, flashing, intermittent or of changing degrees of intensity, ex- cept for time temperature signs, and provided the source of such illumination shall not be visible be- yond the boundaries of the lot on which it is located. 416.72 No sign shall be located so as to obscure any signs displayed by public authority nor shall any sign be placed in such a way as to obstruct proper sight distance or otherwise interfe-re with pedestrian or traffic flow. 416.73 Free standing or temporary signs shall not be located closer than twenty-five (25) feet from any front, side or rear lot line. 416.8 Except as required by law or as permitted above, no signs or other advertising material shall be affixed to either the interior or exterior of any glass surface or designed or placed in such a way behind such glass surface that the same shall be visible outside of any building. 417. Accessory Building Attached to Main Building If any accessory building is attached to a main building, including attachment by means of a breezeway or a roofed passageway, it shall com- 30 ply, in all respects, to the requirements of this Ordinance applicable to the main building. All other accessory buildings shall comply to the requirements for such buildings in the Schedule of Regulations. 418. Minimum Dwelling Unit Size No building permti shall be issued for the construction of a new building in any zoning district unless building plans indicate that each dwelling unit contains at least the required usable floor area as set forth in the following schedule: District Minimum Livable Floor Area R-80 1,200 R-40 1,200 R-20 1,200 R-15 1,000 R-10 800 Multi -Family Single Family RMF -3 500, 800 RMF -5 500 800 Other Zones 500 800 Where Residence is Permitted 419. Wetlands and Steep Slopes 419.1 Alteration of Wetlands or Water Courses In any district, no alteration of wetlands or water courses, whether by excavation, filling, grading, clearing, draining, or otherwise, and whether or not incidental to activities other- wise permitted, shall be made in contours (whether submerged or above water level), water levels or flow of such wetlands or water courses without review as to the effect of such alter- ation and any related facilities on coater recharge areas, water table levels, water pollution, aquatic animal and plant life, temperature change; drainage, flooding, run-off and erosion. This review and approval of such alteration shall be made by the Planning Board in consultation with the Wappinger Environmental Council. 419.2 Procedure 8efore'4rahting or denying any request in accordance with this section, the Planning Board: 419.21 May require a public hearing, the notice of which shall be published in the Town's officially designated news- paper at least five (5) days prior to the date of such hearing. 31 419.22 May request a written report on the effects of such alteration by the Soil Conservation Service of the U.S. Department of Agriculture or other expert of the Planning Board's choosing at the expense of the property owner or developer and payment in advance of the amount of such expense, if any, shall be a condition of further con- sideration. 419.3 Hilltops, Ridgelines and Steep Slopes For the purpose of preventing erosion, minimizing storm- - water runoff and flooding, preserving the Town's under- ground water resources, and protecting the Town's character and property values, it is the intent of this Ordinance to prevent the development of hilltops, ridge - lines, and steep slopes, and toward this end, wherever possible, new construction shall avoid such areas and existing vegetation in such areas shall not be disturbed. The Planning Board, the Zoning Board of Appeals, and the Building Inspector shall take this objective into consideration in reviewing and acting on any plans sub- mitted pursuant to the provisions of this Ordinance. For purposes of this section, steep slopes shall be considered to be those areas with an average slope in excess of twenty-five percent (25%) over a horizontal Distance of one hundred (100) or more feet. 419.4 Procedure Before granting or denying any request in accordance with this section, the Planning Board: 419.41 May require a public hearing, the notice of which shall be published in the Town's officially designated news- paper at least five (5) days prior to the date of such hearing. 419.42 May request a written report on the effects of such alteration by the Soil Conservation Service of the U.S. Department of Agriculture or other expert of the Planning Board's choosing at the expense of the property owner or developer and payment in advance of the amount of such expense, if any., shall be a condition of further con- sideration. Section 420. District Regulations The Schedule of Regulations constituting Sections 421 and 422 herein, is hereby adopted and declared to be a part of this Ordinance and may be amended in the same manner as any other part of this Ordinance. 421. :Schedule of Regulations for Residential Districts (See Schedule in pocket inside back cover.) 32 422. Schedule of Reculations for 'Non-Residential Districts (See Schedule in pocket inside back cover.) 423. Multi -Family Residence District In an R -MF District, all multi -family uses shall be subject to site plan approval in accordance with Section 450 of this Ordinance and the following special requirements: 423.1 Minimum Site Area The lot'upon which such dwelling units shall be constructed shall have an area of not less than fifteen (15) acres in the R -MF -3 District and ten (10) acres in the�R=MF-5 District, except when located within and served by a public water and sewer district of the Town of Wappinger, in which case the minimum lot area shall be 15,000 square feet. Section 411.7, Existing Undersized Lots, does not apply to Multi -Family Residence Districts. 423.2 Water and Sewerage Facilities 423.21 Where, in the opinion of the Planning Board, connections to existing facilities are possible and warranted, sani- tary sewers and/or water mains shall be connected to such existing facilities in the manner prescribed by regulation of the appropriate sewer, water, fire district or other agency having jurisdiction. 423.22 Where connection to existing off-site water or sewerage facilities is not possible, or not warranted, a central water supply and sewage treatment system shall be designed and constructed to serve all dwelling units in accordance with the standards and subject to the approval of the Dutchess County Department of Health and the appropriate State and Federal agencies. 423.23 Where future service by off-site water and/or sewerage systems is planned, all on-site water and sewer facili- ties shall be designed and located in such a way as to readily permit their connection and/or conversion to the off-site systems at such time as they are constructed. 423.3 Open Space and Recreation Area At least fifty percent (50%) of the gross area of the site shall • be preserved as permanent open space, free of buildings and parking areas, and shall be landscaped or left in its natural state in accordance with plans approved by the Planning Board. Within such common open space areas, a total of not less than 300 square feet per density unit shall be improved with common recreational facilities, such as swimming pools, tennis, basket- ball, volleyball, and shuffleboard courts, playground equipment, etc., for the use of the residents of the premises and their guests, which facilities shall not be operated for profit. 33 423.4 Required Parking Parking spaces shall be provided in number and design according to the provisions of Section 470 of this Ordinance. 424. Beekeeping 424.1 All persons starting a beekeeping operation after this Ordinance goes into effect shall have worked with an experienced bee- keeper for no less than eighty (80) hours or have an equivalent 1 educational certificate. 424.2 Each beekeeper shall register his beekeeping operation with the State Department of Agriculture as required by State law. 424.3 A beekeeper shall not create or maintain an unsafe or hazardous condition to the community. If such a complaint is registered with the Town Zonina Administrator, the Town can request an investigation by the State Bee Inspector or a local recognized bee authority, to help render a decision. If the beekeeper is found in fault,.corrections or removal must be made in accord- ance with the. inspection report within a sixty (60) day period. 34 Section 425. - Planned Unit Development District 425.1 Intent The Planning Unit Development (PUD) District is hereby established to provide balanced neighborhoods offering a wide range of land use activities, individual employment opportunities, shopping facilities, housing in various forms, and recreational facilities. It offers increased opportunities for flexible land use and design regulations designed to satisfy Wappinger's. residential and non- residential needs, at a pace and balance commensurate with the general rate of Town growth and in a manner consistent with the environmental capabilities of individual sites to support such residential and non-residential uses, all in furtherance of the basic policies and objectives as set forth in the adopted Town Development Plan. 425.2 Objectives The establishment of a Planned Unit Development District will be to further encourage the following objectives: 425.21 The establishment of areas in which diverse uses may be brought together as a part of a compatible and unified plan of development which shall be in the interest of the general welfare of the Town; 425.22 An environment of stable character in harmony with surrounding develop- ment, and a more desirable environment than would be possible through the strict application of other Sections of this Ordinance; 425.23 A creative approach to the use of land and related physical development; 425.24 A maximum choice in the types of environment and living accommodations available to the public at all economic levels; 425.25 The more efficient use of those public facilities required in connection with new development; 425.26 An efficient, aesthetic and desirable use of open space; .425.27 Special consideration of property with unique features, including but not limited to, historical significance, unusual topography, landscape amenities, size and shape; 425.28 A pattern of development which preserves trees, outstanding topography and geological features, and prevents soil erosion. 425.3 Eligibility Requirements 425.31 Minimum Area The minimum area requirement to qualify for a Planned Unit Development District shall be seventy-five (75) contiguous acres of land, except that where the applicant can demonstrate that the characteristics of .his holdings will meet the objectives of this article, the Town Board may consider projects with less acreage. Mi 425.32 Ownership The land proposed for a Planned Unit Development may be owned by one or more persons or corporations, but shall be combined into a single con- tiguous parcel of land at or prior to the time of application of the Town Board. The applications shall be jointly submitted by all owners and, if approved, shall be jointly binding on all of them. 425.33 Location and Access Planned Unit Development Districts shall be permitted only in areas presently containing a combination of residential and non-residential zoning districts, or planned for a combination of such uses in accord- ance with the Town Development Plan. - Planned Unit Developments shall also have frontage on and access to an existing or proposed major road, as shown on the Town Development Plan. 425.4 Density or Intensity of Land Use The appropriate density or intensity of land use to be permitted in each Plan- ned Unit Development District and in any section thereof shall be determined in each individual case by the Town Board and specified on the approved General Land Use and Development Plan. Such determination of land use intensity and of density.shall be based upon the recommendation of the Town Planning Board as provided in Section 425.83 and upon a thorough documentation of the nature and potential site and community impact of the proposed development as required to be submitted by the applicant in accordance with the provisions of Section -- 425.81. It is further intended that the permitted maximum intensity of non- residential uses not exceed that which could be permitted in the corresponding conventional zoning use districts and that the maximum gross residential density for the residential or residentially related portion of any Planned Unit Development not exceed that which could be permitted in an R-20 District in accordance with the density unit formula. 425.5 Common Property in the Planned Unit Development Common property in the Planned Unit Development 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 there is to be private ownership of such common property, legal arrangements satisfac- tory to the Town Attorney must be made for the improvements, operation and maintenance of such common property and facilities, including private streets, drives, service and parking areas, and recreational and open space areas. 425.6 Off -Street Parking and Loading Requirements The minimum off-street parking and loading requirements for any uses or structures in a Planned Unit Development District shall be the same as those stipulated for such uses or structures in Section 470 of this Ordinance. 425.7 Additional Site Development Standards In addition to the standards set forth in this section, the applicant shall also comply with the appropriate design, site development plan and performance 36 standards of this Ordinance, and of the Subdivision Regulations. Where a conflict between this section and any of the above exists, the former shall govern. 425.8 Application Procedure The application procedure for approval of a Planned Unit Development shall involve the following process: (1) Submission of rezoning application and a proposed General Land Use and Development Plan and Program to the Town Board; (2) Planning Board review and report to the Town Board on the appropriateness of the proposal in the context of the Town Development Plan, the official map and this Ordinance; (3) Public hearing by the Town Board and action to approve, approve with modifications or disapprove the establishment of the PUD District and the General Land Use and Development Plan, and if the District is established; (4) Planning Board public hearing and decision on the sub- division of land, if any; and (5) Planning Board, Town Engineer, Superintendent of Highways and Town Attorney administrative review of the Site Plan and related documents and agreements for each section of the Planned Unit Development. 425.81 Application Requirements The following information shall accompany an application for the establishment of a Planned Unit Development District: 425.811 A proposed General Land Use and Development Plan at a scale of not less than one (1) inch equals two hundred (200) feet indicating the following: [a] Terrain conditions on the property, to include topo- graphic data with a maximum contour interval of five (5) feet, an indication of generalized soil types, and the location of existing water courses, wetlands, wooded areas, najor rock outcroppings, and other sig- nificant existing features. (b] A written statement describing the type and intensity of uses proposed within the Planned Unit Development District, and the number of acres devoted to each. (c) A written statement describing the nature of the pro- posed Planned Unit Development and how it will serve to implement the intent and purposes for such develop- .ments, as set forth in this Ordinance. (d] The proposed spatial arrangement of land uses, includ- ing the location, nature and general extent of areas to be developed into residential dwelling units, by type; non-residential uses, by type; public; community and/or recreational facilities; utility service and maintenance facilities; and areas to be preserved as natural open space. 37 [c] A map showing the location of the Planned Unit Development District within the general area. [f] The general configuration of streets, roadways, and right- of-way planned to serve the Planning Unit Development. [g] A numerical analysis of the development proposal including the total number of dwelling units proposed for inclusion within the development, and the proposed breakdown of these units according to size and type, the total amount of floor area to be devoted to each type of non-residential use, the approximate extent of building and paved area coverage in each section, an analysis of the development proposal in relation to the maximum permitted density (dwelling units per acre) as set forth in this Section. [h] A statement of the proposed method of ownership and maintenance of the land and facilities within the Planned Unit Development. [i] A generalized time schedule and phasing planfor the staging and completion of the Planned Unit Development, including utilities and facilities. [j] An environmental impact statement analysing the capabili- ties of the proposed site to accommodate the proposed ' development and the estimated impact which said develop- ment is anticipated to have upon the surrounding area and the community as a whole. Such a statement shall include an analysis of traffic flow impact, off-site drainage, water supply and sewage disposal, erosion and sedimentation. [k] Such other additional information as deemed necessary by the Town Board or the Planning Board to properly study and evaluate the application. 425.812. Application and review fees for the proposed Planned Unit Development shall be required in accordance with the current fee schedule. 425.82 Referrals Upon receipt of a complete application for the establishment of a Plan- ned Unit Development District, the Town Board shall refer such applica- tion and accompanying material to the Planning Board, to the Town Engineer, and to such other boards, agencies or officials as the Town Board may determine appropriate for review and recommendation. 425.83 Planning Board Review Based upon the requirements of this Ordinance and the policies and objectives set forth in the adopted Town Development Plan, the Planning Board shall review each application referred to it under the provisions of this Section for the purpose of determining the appropriateness of the proposed site for the intended use and, in the case of a favorable 38 determination, the density of development for which such site is suit- able. In addition to the requirements of this Ordinance and the Town Development Plan, such density recommendation shall be based upon a careful consideration and evaluation of the environmental characteris- tics of the particular site and its relationship to surrounding properties and uses. Within sixty (60) days from the date of referral of a completed appli- cation from the Town Board, the Planning Board shall submit a written report to the Town Board setting forth its findings and recommendations. 425.84 Public Hearing Following receipt of the Planning Board report and recommendation, the Town Board may schedule a public hearing regarding the proposed appli- cation with the same notice as required by law for a zoning amendment. 425.85 Town Board Action Following the public hearing, the Town Board may act to approve, approve with modifications or disapprove the proposed Planned Unit Development District application. Any decision to approve an application, with or without modification, and to establish a Planned Unit Development Dis- trict, shall be subject to the same publication requirements as a zoning amendment and a copy thereof forwarded to the Town Clerk who shall make appropriate modifications to the official Town Zoning Nap and notations with respect to any special conditions established with respect thereto. The Town Board shall not take favorable action on any Planned Unit Development District application unless it determines that the proposed General Land Use and Development Plan complies with all requirements of this Ordinance and with the policies and objectives of the adopted Town Development Plan. In making its determination, the Town Board shall consider both the staging and the ultimate magnitude of such development. 425.86 Approval of Subdivision Plats Applications for the approval of any subdivision plats shall be sub- mitted to the Planning BoarC and processed by said Board in accordance with all the procedures and requirements specified in the Town's Land Subdivision Regulations. 425.87 Approval of Site Development Plans No earthwork, land clearing or construction of any kind shall take place within the limits of a Planned Unit Development until a site development plan for such development, or the appropriate section thereof, has been reviewed and approved all in accordance with the procedures outlined in Section 450 of this Ordinance and supplemented as follows: 39 425.871 Submission of Application After. Town Board action approving the zoning change, applica- tions shall be submitted in five (5) copies to the Zoning Administrator, with the initial application accompanied by five (5) copies of the approved General Land Use and Development Plan, and shall include the following information: [a] A proposed site development plan map drawn at a scale of no less than one inch equals one -hundred feet (1" = 100') and indicating the followings (1) Title of the development, date, revision dates, if any, north point, scale, name and address of the applicant _ and of the architect, engineer, landscape architect, and/or surveyor preparing the site development plan. (2) Detailed description of existing terrain conditions on the property, to include topographic data at a maximum contour interval of two (2) feet; designa- tion of specific soil types; the location of all existing water courses and intermittent streams; the location and extent of existing wooded and wet- land areas, and specifications of the type of vege- tation prevailing therein the location of existing stone walls, rock outcrops, wooded areas, and major trees (eight inches or more in diameter) outside of wooded areas which are to remain undisturbed. (3) The location and dimensions (length, width, ground floor elevation and height) of all existing and pro- posed main and accessory buildings,'with the use for each indicated. (4) The location, width and finished pavement grades of all existing and proposed public and private roads. (5) The location, layout, finished pavement grades and surface treatment proposed for parking and loading areas and ingress and egress drives. (6) The location, size and proposed screening of any refuse storage or other outdoor storage areas. (7) The location and size of all proposed water supply, sanitary sewerage, storm drainage and other utility facilities, including connections to any existing facilities. (8) Locations, design and construction plans for pro- posed sidewalks and steps, drainage structures, retaining walls, etc. 40 (9) Landscaping plan, to include Ftpe, size and location of materials to be used: (10) Proposed type, location and design of exterior lighting system. (11) Proposed location, type, size, color and illumination of all signs. (b] Architectural plans and specification of representative buildings and structures, including general exterior ele- vations, perspective drawings, and, in the case of resi- dential buildings, typical floor plans indicating the number of bedrooms an,',. the use of all other rooms within each dwelling unit. (c] Calculation of expected storm Crain loads to be accom- modated by the proposed drainage system for a one hundred (100) year frequency storm. [d] Estimate of earth work, showing the quantity of any material to be imported to and/or remove& from the site. [e] Description of measures planned to assure proper erosion and sedimentation control during construction. [f] A statement from the applicant's engineer indicating the estimated cost of constructing all neva roads and side- walks, and of the water supply sanitary sewerage. [g] Proof of approval by the State Department of Transportation, County Highway Department or the Town of Wappinger Super- intendent of Highways, as appropriate, of the design and proposed construction of any intersection of a new road with an existing State, County or Town Highway, and of any proposed connections to existing drainage facilities along such highways. (h] Copies of legal covenants and agreements restricting the use of recreation and open space, areas to such purposes, and of documents establishing future ownership and main- tenance responsibilities for all private roads, recreation and open space areas. [i] Any other legal agreements, documents or information required to implement the purposes and intent of the Planned Unit Development as approved by the Town Board. [j] An application fee in an amount and as normally determined by the Planning Board in site plan review. [k] Construction and maintenance bonds as normally required in subdivision. 41 425.872 Referral to Planning Board, Town Engineer, Superintendent of Highways and Town Attorney Upon receipt of a site development plan application, the Zon- ing Administrator shall refer two (2) copies to the Planning Board, one (1) copy to the Town Engineer, one (1) copy to the Town Attorney, and one (1) copy to the Superintendent of High- ways where a private road to be constructed as a part of the site development will intersect with an existing Town road, all for review and report. Review by the Planning Board, Town Engineer and Superintendent of Highways shall be for the purpose of determining: (1) that such development will be in accordance with the approved Gen- eral Land Use and Development Plan, and any other requirements and conditions established by the Town Board pursuant to the establishment of the Planned Unit Development District; (2) that it complies with all other applicable standards and requirements of this Ordinance; (3) that all facilities and improvements necessary to the construction of the development will be properly provided; (4) that proposed intersections of private roads with existing Town roads are located and designed so as to permit safe traffic movements through the intersec- tions; and (5) the existing Town roads within or directly abutting the Planned Unit Development are or will be suitably improved so as to be capable of safely accommodating the increased traffic generated by the development. Review by the Town Attorney shall be for the purpose of determining the adequacy of all covenants, agreements, documents and other legal information required in connection with the maintenance and operation of all commonly owned facilities and areas within the Planned.Unit Development. Reports from the Town Engineer, Superintendent of Highways and Town Attorney shall .be submitted to the Planning Board within thirty (30) days. The Planning Board shall submit a summary report to the Zoning Administrator within sixty (60) days of the date on which such application was originally referred to the Planning Board, shall recommend whether the application should be approved, disapproved, or spproved with modifications, and shall specify what modifications, if any, are necessary. 425.873 Action by Zoning Administrator Within ninety (90) days of the date the application was received by the Zoning Administrator, the Zoning Administrator shall act either to approve, disapprove, or approve with modifications, the site plan, and such action shall be based upon the findings of the Planning Board as specified in its report. A permit authorizing earthwork, land clearing or construction of any kind shall be issued only for work which will be done in accordance with the approved site development plan, and no certificate of occupancy shall be issued for any development which has not been constructed in accordance with said plan. 42 425.874 Inspection Fee As a condition of site development plan approval, an inspection fee in an amount determined necessary by the Town Engineer, but not in excess of seven percent (7%) of the estimated cost of constructing all private roads, sidewalks and water supply, sewerage and storm drainage systems shall be paid to the Town of Wappinger. Such fee shall be used to cover costs incurred by the Town in conducting inspections of such construction as it progresses, and any unused portion shall be returned to the applicant. 425.875 Special Conditions If, during the course of construction, any conditions such as flood areas, underground water, springs, intermittent streams, humus beds, unsuitable slopes, soft and silty areas, or other unusual circumstances are encountered which were not foreseen in the original planning, such conditions shall be reported to the Planning Board and the Town Engineer together with the developer's recommendations as to the special treatment required to secure adequate and permanent construction. The Planning Board shall investigate the condition or conditions, and either approve the developer's recommendations to correct same, order a modification thereof, or issue his own specifications for correction of the condition or conditions. Unusual circum- stances or detrimental conditions observed by the Town Engineer or Zoning Administrator shall be similarly treated. 425.876 Staging If the applicant intends to stage his development, and he has so indicated in accordance with Section 425.81, then he may submit for site plan approval only those stages ready for development in accordance with his staging plan. Any plan which requires more than twenty-four (24) months to be com- pleted shall be required to be staged and a staging plan must be developed. At no point in the development of a Planned Unit Development shall the ratio of non-residential to resi- dential acreage or dwelling unit ratios between the several different housing types for that portion of the Planned Unit Development completed and/or under construction differ from that of the Planned Unit Development as a whole by more than twenty percent (20%), unless so approved by the Town Board. 425.877 Amendments The Town Board, after public hearing with the same notice as required for the original hearing, may consider and act upon an application to amend the design concept shown on the General Land Use and Development, or upon an application to change or enlarge the limits of such development to include contiguous acreage subsequently acquired by the applicant. However, no 43 public hearing shall be required where a proposed change or enlargement does not result in any significant modifi- cation to the design concept shown on the approved General Land Use and Development Plan, or where less than a five percent (5%) change in the number of initially approved dwelling units is involved, provided all density and other requirements of this Ordinance are complied with. 425.878 Expiration o.f Approval Town Board approval, or approval with modification, of an application for a Planned Unit Development shall expire if construction work on the development is not begun within one (1) year of the date of approval, is not completed within ten (10) years of the date of approval, or is not prosecuted with reasonable diligence in such a way as to assure its completion within the permitted time period and according to the approved .time schedule. 425.879 Financial Responsibility No building permits shall be issued for construction within a Planned Unit Development District until improve- ments are installed or a performance bond posted in accordance with the same procedures as provided for in Section 277 of the Town Law relating to subdivision. 426.. Recreational Use Development 426.1 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 develop- ment 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 section establishes guidelines to define, in part, what elements will be necessary to permit such recreational development and establishes a mechanism for such development to safeguard those concerned. 426.2 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. 44 426.3 Eligibility Requirements A recreational use development will be permitted within all zoning districts of the Town of Wappinger upon approval of the Town Board. 426.31 Each recreational development will comI)rise at least five (5) acres of land having continuity without regard to dividing streets, whether public or private, on which such tract may have frontage. 426.32 Ownership of the land proposed for recreational development shall be that required by Section 425.32 of this Ordinance. 426.33 Open Space. Not less than thirty percent (30%) 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 geographical characteristics which will adequately suit this purpose. 426.4 Minimum Design Standards 426.41 No structure shall exceed two and one-half (2-1/2) stories in height or thirty five (35) feet, whichever is less. 426.42 No building or structure shall be built closer than fifty (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. 426.43 Off -Street Parking. The provisions of Section 474 of this Ordinance shall control this section. The Planning Board in reviewing the overall development plan may require a number in excess of the same if they determine that the proposed use requires the same, with due regard to the health, safety, and welfare of the users of the facility and the surrounding community as a whole. 426.44 Utilities. All utilities servicing any building or structure within the recreational use development shall be installed underground in the manner prescribed by applicable regulations. 426.45 Roads and Highways. All interior roads and parking areas shall conform with the applicable standards contained in the regulations of the Town. 426.46 Signs. Signs within a recreational use development shall be limited to one (1) in number and shall have setbacks as required by this Ordinance. 426.47 Fire Protection. A recreational use development shall be served with marked fire lanes adequate in design to serve the facility. 426.48 Screening. Where non-residential use shall abut a residential use, adequate and substantial natural screening shall be provided. 44A 426.5 Application Procedure The applicant and Town will follow those procedures prescribed in Section 430 (Special Permit Uses) except that references therein to the Zoning Board of Appeals shall be deemed deleted and substituted in its place shall be the Town Board. 1 44B Section 430. Special Permit Uses 431. General Provisions All special uses for which conformance to additional standards is required are considered to be permitted uses in their respective districts, subject to the satisfaction of the requirements and stand- ards set forth in this Section or such requirements as may be specified by the Board of Appeals according to the provisions of Sections 435 and 436 herein in addition to all other requirements of this Ordinance. All such uses are declared to possess such unique, -special and indi- vidual characteristics that each specific use shall be considered as an individual case. 432. Application for a Special Permit Application for required special permits shall be made to the zoning Board of Appeals. Each such application shall be examined first and endorsed for completeness by the Zoning Administrator and unless so endorsed shall not be entertained by said Board. Each such application shall be referred to the Planning Board for an advisory report, which report shall be rendered within forty-five (45) days of the date such referral is received by the Planning Board Secretary. The Board of Appeals, after public'hearing with the same notice required by law for zoning amendments shall, within ninety (90) days of the date of the Board meeting at which such application was originally submitted, file with the Building Inspector a decision on said application. The appli- cant may grant extensions of either of the above stipulated review periods provided, however; that any extension of time granted to the Planning Board shall equally extend the time to act for the Zoning Board of Appeals. The Board of Appeals may authorize the issuance of a per- mt, provided it finds that all of the following conditions and stand - ands stated, but not limited to, have been met: 432.1 The location and size of the use, the nature and'intensity of the operations involved in, or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it, are such that it will be in harmony with the appropriate and orderly development of the district in which it is located. 432.2 The location, nature and height of buildings, walls, fences, and the nature and extent of existing or proposed plantings on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and build- ings. 432.3 Operations in connection with any special use will not be more objectionable to nearby properties by reason of noise, fumes, vibration, illumination, or other characteristics, than would be the operations of any,permitted use not requiring a special permit. 432.4 Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety. (See Section 470) 45 O 433. Required Plan A plan for the proposed development of a lot for a permitted special use shall be submitted with an application for a special permit. The plan shall conform to the requirements of Section 450.2. 434. Review by.Other Agencies Upon receipt of a completed application for a.special.permit, the Planning Board shall forward, where determined appropriate, one copy each to the Town Engineer, the Superintendent of,Highways, the Wappinger Environmental Council, Fire Department, the Dutchess County Soil and Water Conservation District, and the Dutchess County Department of Health; in additiop, copies.shall be forwarded to the Dutchess County ..Planning Department when such proposed development abuts a State or County Highway, park, drainage channel or building site, and to the Clerk of any abutting municipality where the property proposed for such development is located within five hundred (500) feet of such municipality, and other agencies, such as the Hudson River Valley Commission or the New York State Department of Environmental Conservation, which may have jurisdiction together with a request for review and report by said agency. Each agency may submit a report, including its recommendations, which report, if it is to be considered, should be returned to the Planning Board within thirty (30) days of the date that such referral was submitted. 435. Notice to Abutting Property Owners The Zoning Board of Appeals shall notify all ahutting land owners, with respect to the application for a special permit use, in writing, subject to the requirements set forth in Section 513 of this*Ordinance. 436. Conditions and Safeguards The Board of Appeals shall attach such conditions and safeguards to any approved use and development plan as are, in its opinion, necessary to ensure initial and continual conformance to all applicable stan- dards and requirements. 437. Action by Building Inspector Upon receipt by the Buildinc,.,Inspector,of',the,decision of the Board of Appeals,.showing that conditions required by'Sections 432 and 436 pre- vail, -and upon compliance by the applicant with all applicable standards, requirements, conditions, safeguards, and ordinances, the applicant shall, upon payment of any fees prescribed therefor, be entitled to a building permit or certificate of occupancy, as the case may be, from the Building Inspector. The Building Inspector shall not issue a building permit or certificate of occupancy in the event that the Board of Appeals shall not make a finding that all of the condi- tions prevail. 46 438. Expiration of Special Permit A special permit shall be deemed to authorize only the particular use or uses specified in the permit and, unless other provisions are set forth by the Zoning Board of Appeals in connection with their issuance of that permit, it shall expire if work isnot initiated pursuant thereto within one (1) year, or if said use or uses shall cease for more than one (1) year for any reason or if all required improvements are not completed within two (2) years from the date of issue or if all such required improvements are not maintained and all conditions and standards complied with throughout the duration of the use. 439. Existing Violations No permit shall be issued for a special permit use for a property upon which there is an existing violation of this Ordinance. Section 440. Individual Standards and Requirements for Particular Special Permi t TTarmc A special permit use shall conform to the following individual standards and regulations, where applicable, in addition to all other regulations for the zoning district in which the special permit use is located. 441. Land Filling, Regrading, and Removal of Earth Material Notwithstanding the following regulations, homeowners or property owners may conduct regrading, earth moving, excavation and filling operations, and may utilize gravel, stone, or quarry where it is required as part of an approved subdivision plan, or in connection with the construction of a building or driveway for which a permit has been duly issued, or where it is required in connection with incidental landscaping or minor site improvements (such as the construction of walks, retaining walls, fences, and so forth). 441.1 Application Written application requesting approval for any land filling, regrading, or earth removal operations not permitted by right as described above, shall be submitted to and,.subject to the approval of the Town Board in accordance with the special permit pro- cedure set forth in Section 430 and notice shall be mailed by the applicant to the owners of all property within 1,000 feet of the defined excavation site. Each application shall be accompanied by the following informations 441.11 The full names, signatures and addresses of the owner, and/or corporation principals involved lessee and applicant and the written consent of the mortgagee, if any. 47 441.12 A topographic survey, prepared by a`licensed engineer or surveyor, showing the existing contours of the property and the contours pro- posed to be -established at the conclusion of the operation. Such map shall also show'the location of all existing and proposed water courses, water bodies and drainage systems. 441.13 A statement clearly detailing the nature and extent of such proposed operations', including the type and amount of material to be filled, regraded and removed, the manner in which it will be accomplished, the proposed hours of operation, and a time schedule for the comple- tion of the various states of the operation. 441.14 A proposed plan for the control of erosion and the minimization of siltation of the site. 441-15 A proposed plan for restoring the premises to an attractive and usable condition subsequent to the completion of tae planned operation, including the replacement of all top soil, the maintenance of all slopes (which slopes shall not exceed one (1) foot vertically -for each three (3) feet horizontally, except where there is rock), the seeding and landscaping of all affected areas, and an engineer's estimate of the cost of such restoration work. 441.16 In any case where the proposed excavations are to exceed 1,000 cubic yards in volume a penal bond and a performance bond issued by a bonding or surety company and approved by the Town Board, or by the owner or owners of the property involved with security acceptable to the Town Board. Each of said bonds (including any renewal or renewals or increases or decreases as hereinafter provided) shall be in an amount determined by the Town Board. Ii no event shall the penal bond be less than $1,000 per acre of land, which amoutn may be reduced from time to time by the Town Board, after public hearing. 441.17 Such other maps, plans, boring tests, feasi-- bility studies and other engineering data as may be required by the Town Board in order to determine and provide for the proper enforce- ment of these regulations. 441.18 Proof that there are no unpaid taxes or assessments affecting or constituting a lien upon the premises. 48 441.19 An application fee of five dollars ($5) per one hundred (100) cubic yards. 441.2 Conditions and Safeguards 441.21 No excavation or deposit of top soil, earth, stone, gravel, rock or other natural mineral shall interfere with any off-site natural water course or drainage way. 441.22 No excavation shall be closer than fifty (50) feet to any street line or other property line, and no excavation below the grade of a street or property line shall be closer than two - hundred (200) feet thereof. No excavation shall be closer than five hundred (500) feet to the boundary line of Residence Zoning District. 441.23 Fences or barricades shall be erected to protect pedestrians and vehicles. All open pits or quarries shall be enclosed by fencing until they are refilled. The uphill side of side hill excavations shall be permanently fenced. 441.24 No permit shall be issued for a period exceed- ing one (1) year. 441.25 At the termination of the approval period, any structure, improvement, equipment or machinery - — erected, placed or maintained upon such premises, except as may be otherwise permitted under this Ordinance, shall be removed and the premises restored to the contours authorized in the permit so that: (a) the natural drainage shall be fully restored, (b) the property shall not be left with holes or gulleys so as to cause erosion, (c) the premises shall be properly seeded or planted or both to conform to the natural terrain or land- scaping of adjacent and surrounding areas, unless the Town Board for good cause, shall dispense therewith, the reasons therefore to be stated in its determination. 441.26 No grading or excavating operations shall be conducted after 7:00 P.M. or before 8:00 A.M. nor at any time on Sundays. 441.27 The processing of such resource shall be limited to the washing, separating, or grading of the excavated material. 49 441.28 Ito permit shall be issued for excavating which _ provides or contemplates creation of a body of water, except in connection with an approval of a subdivision, or in connection with a site development plan approved in accordance with Section 450 of this Ordinance, until a plan with respect thereto shall first have been sub- mitted to and approved by the Planning Board after public hearing as provided in Section 419 herein. 441.29 Dumping or depositing of rubbish, refuse, or other waste materials for purposes of regrading or landscaping, shall be permitted, provided: 441.291 That no decomposable animal or vegetable matter is dumped or deposited; 441.292 That it does not create a nuisance by reason of dust, fumes, smoke, odor, insects, rodents or otherwise adversely affect the public comfort, convenience, sightliness, health, or safety; 441.293 That it is not contrary to the County Sanitary Code. 442. Designed Residential Development 442.1 Purposes and Intent A Special Use Permit may be granted after public hearing by the Town Board for a. Designed Residential Development where the General Land Use and Development Plan for such development is found to comply with the standards of this and all other appli- cable sections of this Ordinance and where such development shall be designed to achieve the following objectives: 442.11 The creative use of land so as to establish a more desirable living environment than would be possible through the strict application of other sections of this Ordinance. 442.12 The preservation of water bodies, wetlands, steep slopes, hilltops, ridgelines, major stands of trees, outstanding natural topography, significant geological features, and other areas of scenic and ecological value, and the prevention of soil erosion, and minimization of flood hazard. 442.13 An efficient use of the land sous to facilitate the adequate and economical provision and maintenance of streets and drainage facilities, and the establishment 50 of central sewage treatment and water supply systems as an integral part of large scale future residential develop- ments on the major remaining undeveloped lands in the Town, so as to promote the.public health, safety and welfare, and minimize potential pollution hazards. 442.14 Innovation, flexibility and variety in the type, design and layout of residential housing so as to permit greater variety'in the choice of housing type, living environ- ment, occupancy tenure and housing cost. 442.15 The maximum provision of community, social, recreational, cultural and other service facilities as integral parts of newly constructed residential communities. 442.2 Eligibility Requirements 442.21 Minimum Site Size. The minimum site area for a Designed Residential Development shall be a parcel of land adequate in size to accommodate one hundred (100) building lots of at least the minimum lot size normally required for one-family,detached dwellings in the district in which it is located; except that where such developments are to be served by public water and sewer systems, the minimum site area need only be adequate to accommodate at least fifty (50) building lots. 442.22 Access. A Designed Residential Development shall have frontage on and access to a major (arterial) road or a secondary (collector) road as shown on the Town Development Plan. 442.23 Ownership. The land proposed for a Designed Residential Development may be owned by one or more persons or corporations, but shall be combined into a single con- tiguous parcel of land at or prior to the time of application to the Town Board. The applications shall be jointly submitted by all owners and, if approved, shall be jointly binding on all of them. 442.3 Permitted Principal Uses The permitted principal uses within a Designed Residential Development shall be limited to those specified below. Per- mitted accessory uses shall be the same as those allowed on other lots in Residence Districts, as set forth in Section 421 of this Ordinance. A separate Special Use Permit is not required for any per- mitted use within a Designed Residential Development if such use was shown on the approved General Land Use and Development Plan for the entire develoz---r.­?n+-, provided however, that site development plan a->pr-val s','Iall st-ill be required. S11 [a] Single-family detached', and semi-detached dwelling units. [b] Single-family attached and multi -•family dwelling units in structures containing not more than six (6) units each. [e] Schools and other public facilities. [d] Buildings for religious worship, parish house and/or buildings for religious education. Ge]. Private golf and country clubs. [fj Swimming pools, tennis facilities, general recreational and athletic facilities intended for the use of the residents of the Designed Residential Development. [g] Arts and -crafts structures and facilities intended for the use of residents of the Designed Residential Development. [h] Buildings for retail business, personal services and office type uses; as permitted in the NB District, not to exceed one (1) percent of the total floor space of the Designed Residential Development. [i] T9ater tanks and/or towers, sewage treatment plants, utility sub -stations and pump stations which are part of the water supply, seweraae and other utility systems servicing the: Designed Residential Development. [,x].;... Storage and.,maintenance:structures and areas for material's and equipment for the proper upkeep of the Designed Residential Development. [j] Temporary c,onc;tructio,.-L facilities needed during the course of construct:i.nq t:e Dosirnea "Residential Develop ,:e,:t . 442..4 Development Stanciarr�,= an,' Control.,; All improvez;ents , ithi•� ?�e�inn>.d aosiden; ial Developments shall be required to co., pl., pit?. t,, -.e fc 11owinq specified standards and control: in li.pc of tho .e compara>>le requirements for other residential .1eveloprfwnt,,_. ';ihicl� a.r:: specified elsewhere in this ordinance, ar,c?. in the Lan cundivision Regulations: 442.41 Dev,.Jopme.nt Density Lecause of tile fact that traffic generation, water supPly, sewage disposal and other types of demands placed upon community resources and facilities are related more to numbers of people than numbers of dwelling units, and since population varies for different sizes and types of residential dwelling units, 52 the Density Unit, as defined in Section 220 herein, rather than the dwelling unit, is hereby established as the basic measure of development density within Designed Residential Developments. 442.411 Density Formula: The maximum permitted number of Density Units in a Designed Residential Development shall be determined by dividing the total land area by the normally required minimum .lot size for the zonina district in which it is located and subtracting twenty " percent (20%). 442.412 N:udber of Bedrooms: The Building Inspector, based upon the Town Board's report submitted in accordance with Section 450.3 of this Ordinance, shall be responsible for determining the number of bedrooms in each dwelling unit in connection with his review of site development plans. 442.413 Dwellinct Unit Mix: For the purpose of assuring that Designed Residential Developments will broaden the range of available housing types within the Town, not more than twenty-five percent (25%) of the permitted Density Units within any such development shall be composed of single-family detached dwellings. 442.42 Open Space and Recreation Areas: At least one-third (1/3) of the gross acreage of any Designed Residential Development shall be composed of land which is owned or controlled jointly by all property owners within the development and is used for recreational purposes and/or preserved as natural open space. Such areas shall encompass land having meaningful ecological, aesthetic and recreational characteristics, with access, shape, dimensions, location, topography and nature and extent of improvements suital,le, in the opinion of the Town Board, for the intended purposes. Permanent preservation and maintenance of such areas shall be assured by means of the filing of covenants and restrictions, negative easements and/or scenic easements on the land, and by the formation and incorporation of a property owners association which shall be required to maintain such open space and recreation areas. Such association shall be empowered to levy assessments against property owners to defray the cost of maintenance, and to acquire liens, where necessary, against property owners for unpaid charges or assessments. In the event that the property owners association fails to perform the necessary main- tenance operations, the Town of Wappinger shall be authorized to enter upon such premises for the purpose of performing such operations, and to assess the cost of so doing equally among all affected property owners. 53 442.43 Building Height and Setbacksi 442.431 No structure within a Designed Residential Development shall exceed three (3) stories or thirty-five (35) feet in height, whichever is more restrictive, except as ,provided in Section 414 of this ordinance. 442.432 Setbacks of all structures from the outside perimeter of the Development shall be twice those otherwise required in the district in which it is located. 442.433 Where determined necessary by the Planning Board when reviewing site development plans, buffer landscaping of adequate size, type and spacing may be required to effectively screen buildings within the Designed Residential Development from. neighboring residential properties. 442.44 Utilities: 442.441 In order to achieve greater safety and improved appearance: all water, sewer and gas lines, and all electric, telephone and other wires and equipment for providing power and/or communication, shall be installed underground in the manner prescribed by the regulations of the state, local and/or utility company having jurisdiction. 442.442 Where, in the opinion of the Planning Board, connections to existing facilities are possible and warranted, sanitary sewers and/or water mains and fire hydrants to be installed in a Desicvned. Residential Development shall be con- nected to such existing facilities in the manner prescribed by the regulations of the appropriate sewer, water or fire district or other agency having jurisdiction. 442.443 Where connection to existing off-site public water or sewerage facilities is not possible, or not warranted, a central water supply and sewage treatment system shall be designed and constructed by the applicant to serve all dwelling units within the Designed Residential Development in accordance with the standards and subject to the approval of the Dutchess County Department of Health and the appropriate State and Federal agencies, where such approvals are required. 54 442.444 Where part or all of a Designed Residential Development is to be located within an area or drainage basin planned for future service by public water and/or sewerage systems, or recom- mended for such a system and/or systems within current comprehensive water supply and sewerage plans of the Town or of Dutchess County, any water or sewer facilities within the Designed Residential Development shall be designed and located in such a way as to readily permit thoir connection to t}ie public systems at such time as they are constructed. 442.5 Application Procedure The application procedure for approval of a Designed Residential Development shall involve a five -stage process: (1) preliminary application of a General Land Use and Development Plan and Program to Town Board; (2) Planning Board review and report to the Town Board on the appropriateness of the proposal in the context of the Town Development Plan, the official map and this Ordinance; (3) public hearing by the Town Board and decision on the Special Use Permit, based upon the General Land Use and Development Plan as required in Section 442.511 of this Ordinance; (4) Planning Board public hearing and decision on the subdivision of land, if any; and (5) Planning Board, Town Engineer, Superintendent of Highways and Town Attorney administrative review of the Site Plan and related documents and agreements for each section of the Designed Residential Development. 442.51 Application Requirements Application for issuance of a Special Permit establishing a Designed Residential Development shall be su;)mitted in accordance with the procedures set forth in Section 432 of this Ordinance and shall include. 442.511 A proposed General Land Use and Development Plan at a scale of not less than one (1) inch equals two huncred (200) feet indicating the following: [a] Terrain conditions on the property, to include topographic data with a maximum contour interval of ten (10) feet, an indication of generalized soil types, and the location of existing water courses, wetlands, wooded areas, major rock out- croppinRs, and other significant existing features. [b] A written statement describing the nature of the proposed Designed Residential 55 Development and how it will serve to imple- ment the intent and purposes for such developments, as set forth in this Ordinance. [c] The proposec' spatial arrangement of land uses, including the location, nature and general extent of areas to be developed into residential dwelling units, by type; public, community and/or recreational facilities; utility service and maintenance facilities; and areas to be preserved as natural open space. [d] The general configuration of the road system planner': to serve the Designed Residential Development.' [e] The total crross acreage encompassed by the Designed Residential Development, and approximate acreage.,to be occupied by each ty>>e of permitted use, the total number of dwelling units proposed for inclusion within the development, and the proposed breakdown of thi:se.units according to size. [f) n statement of the proposed method of owne.r.shir ar,=i maintene-nce of the land and facilities_ �,it'in,the Designed Residential Devrlcnmo_)it . (rl A generalize,? time schedule for the staging ane: comnletic, of the Designed Residential Develop ,ernt , including utilities and facilities.. [h] Such other adc'it.i.onal information as deemed necessary by ti -le Town Board or the Planning Roarsl to properly study and evaluate the application.. 442.512 Ap?lication anc, review fees for the proposed DesignedDevelopment shall be required in accordance with the current fee schedule. 442.52 Town Board Action. i?ithin thirty (30) days of the public hearing held in accordance with Section 432.2, the Town Board shall, by resolution, act either to approve, approve with modifications, or disapprove the General Land Use and Development Plan for a proposed Designed Residential Development. Approval, or approval with modifications, is required for, and shall be deemed to authorize, the applicant to proceed with a detailed design of the proposed development, and to submit 56 applications for the approval of subdivision plats and site development plans which are in accordance with the approved General Land Use and Development Plan. The Town Board shall not act to approve any application for a Designed Residential Development unless it deter- mines: (1) that such development will serve to implement the intent and purposes as set forth in this section of the Zoning Ordinance; (2) that the location and the physical character of the site proposed for the Designed Residential Development is suitable and appropriate for sucha development: and (3) that such development is'other!•Tise in the public interest. Such conditions, limitations and safeguards shall be attached to the Special Use Pernit as the Town Board deems necessary and appropriate to assure continual conformance to all applicable standards and requirements. 442.521 Review by Other Agencies- Upon receipt of a completed application for approval of a Designed Res ekential Development, the Town Boars shall forward for review and report two (2) copies of such application to the Planning Board for its information, and one (1) copy each to the Building and Zoning Inspector, the Wappinger Environmental Council, the Town Engineer, Town Attorney, the Superintendent of Highways, the Dutchess County Soil and Water Conservation District, the Dutchess County Department of Health, the Dutchess County Planning Department when such proposed development abuts a State and County highway or park, the Clerk of any abutting municipality where the property proposed for such development is located within five hundred (500) feet of such municipality, and any other agencies, such as the Hudson River Valley Commission or the New York State Department of Environmental Conservation, which may have jurisdiction together with a request for review and report by said agency. 442.53 Amendments: The Town Board, after public hearing with the same notice as required for the original hearing, may consider and act upon an application to amend the design concept shown on the General Land Use and Development Plan for a previously approved Designed Residential Development, or upon an application to change or enlarge the limits of such development to include contiguous acreage subsequently acquired by the applicant. However, no public hearing shall be required where a proposed change or enlargement does not result in any significant modification to the design concept shown on the approved General Land Use and Development Plan, or where less than a five percent (5%) increase 57 in the number of initially approved dwelling units is involved, provided all density and other requirements of this Ordinance are complied c7ith, 442.54 Expiration of Approval; Town Board approval,or approval with modifications, of an application for a Designed Residential Development shall expire if construction work on the development is not begun within one (1) year of the date of approval, is not completed within ten (10) years of the date of approval, or is not prosecuted with reasonable diligence in such a way as to assure its completion within t`?e permitted time period and according to the approved time schedule. 442.55 Planning t:o.ard Action:, 442.551 Application for the a.:)proval of any subdivision plats shall.. be. submitted to the Planning Board and proces.7e6 by said Board in accordance with the procedures and recYuirements specified in the Town's Land Subdivision Regulations, 442.552 No earthwork, land clearing or construction of any kind small take place AI7ithin the limits of a Designed ROSicdential Development until a site plan for such development, or the appropriate section thereof; has been reviewed and approved in accordance with the procedures set forth in Section 450 of this Ordinance. 442.6 Financial Responsibility No building permits shall bn issued for construction within a Designed Residential District until improvements are installed or a performance bond posted.in accordance -lith the same procedures as ,providied for in. Section 277 of the Town Law relating to subdivisions. 443. Mobile Home Park A Special Use Permit may be grante" afier public hearing by the Town Board for a Mobile Hore Dark in anv Pesi_aential District where the General Land Use and uevelopmont Plan, pre.parec by a licensed architect or professional engineer for such Mobile Hone. Park is found to comply with the standards for this and all ot�cr arplicable section of this Ordinance. 443.1 Dimensional :Standarus 443.11 Minimur. Par'. Area. A Mo )ile Home Park shall have a minimum area of at least five (5) acres, except that existing mobile barks shall be permitted. to increase the number of sites without meetino the :Minimum acreage requirements for new parks, provided that all other aspects of this Ordinance are met. 58 443.12 Mobile Home Site Area: The maximum number of mobile home lots in a r�iobile Home Park shall not exceed the number of single family units which, in the opinion of the Town Board, could be permitted under the require- ments of the resi,lential zoning district in which the site is located, as determined in accordance with Section 411.92. 443.13 Minimum Lot Area. The minimum lot area for 'single units" shall not Jhe less than 6,500 square feet. The minimum lot area for "double units" shall not be less than 10,000 square feet -with no lot denth for any size unit being less than one -hundred ten (110) feet with a maximum of give (5) units an acre (average density). Larger minimum lot dimension-- may be required where the Town Board con- siders the establishment of larger lots necessary to preserve the character o{' the general area. 443.14 Setback Requirements 443.141 All structures within any mobile home park, excluding the mobile homes, shall be setback from any adjoining public road or property boundary at the normal setback requirements for the district in which it is located. Also see Section 443.69. 443.142 The minimum set),ach for any mobile home lot shall be twenty-five (25) feet from Mobile Nome Park streets, and there shall be a minimum separation of forty (40) feet between structures on adjoining lots. 443.15 Each mobile home lot shall be defined by a permanent corner stake as esta)�lished by a licensed lany surveyor and identified with a permanent marker showing the parcel num- ber corresponding to the approved site plan. 443.16 A paved or hard surface patio area of at least one hundred -fifty (150) square feet., with a minimum dimen- sion of ten (10) feet, shall be provided for each mobile home. 443.2 Transportation 443.21 Park Roadways: Construction standards and specifications for all park roadways shall be as set forth in the Town of Wappinger Highway Specifications. Responsibility for the ownership and maintenance of such park roadways shall be with the Mobile Home Park management. 443.22 Access to Mobile Home Lot: Convenient access shall be provided to each mobi-le home stand for maneuvering the mobile home into position.. The access shall be kept 59 free frorr trews and other immovable obstructions and shall be a minimum width of twelve (12) feet or the widta renuirel by current mc':ile home models plus extra width necessary for maneuvering a mobile home on a curve. The alignment: and gradient of such accessway shall be adequate to prevent contact of the under carriage of the mobile home and shall be safe and easily traversed as determined by the Planning Board. 443.23 Walkways: All Btobila Home Parks shall be provided with safe, convenient, all season pedestrian walkways as _ determined_ necessary by the Planning Board to: 443.231 Connect indiviCtial mobile home sites, park roadways, and community facilities. 443.232 Provide for pedestrian circulation along all par% roadways (minimum width: four (4) feet) . 443.233 Connect mobile homes to common walks, driveways, parking areas, or park roadways (minimum width: three (3) feet). 443.3 Mobile Home Stands The area of the mobile home stand shall be improved to provide an adequate foundation for tete placement and tie -down of the mobile home thereby securing the superstructure against uplift, sliding, rotation and overturil.ing. The stand should provide for practical placement on, and removal from, the lot of the mobile home and retention of the home on the lot in satisfactory relationship to its surroundings. The following specific requirements shall be met: 443.31 There shall. be a longitudinal gradient of zero percent (0%) - five percent (5%) and an adequate crown or cross -gradient for surface drainage. 443.32 The location of each mobile home stand shall be at such elevation, distance, and angle in relation to the park roadways and the accessway to the mobile home that placement and removal of the mobile home is practical. 443.33 The mobile home stand shall be provided with a minimum of one concrete footer every eight (8) feet for the entire length of seventy (70) feet. It shall be installed in such a slay as to be perpendicular to the "I beam" of the home. The minimum length of the footer shall be twelve (12) feet for a 'single unit`: lot and twenty-four (24) feet for a 'double unit" lot. The width of the footer shall be no less than sixteen (16) inches and it shall be at least three (3) foot deep from the finished grade. 6 0 443.34 The mobile home stand shall be designed in such a way that it will accept auger type or other types of anchors which will be able to accommodate both "over the roof" straps and "frame" straps. All anchors must be able to sustain a minimum tensile strength of 2,800 pounds. It is the stated purpose of this section to provide for adequate "tieing down" taking into account the lack of uniformity with regard to the placement of "straps" on the various mobile home models. 443.35 Mobile home tie -downs shall comply with ANSI ALL 9.1 for non -hurricane areas with regard to number and placement. 443.4 Sanitation Standards '443.41 Water Supply: 11here public water supply is not available a private water supply system, with proper connections to each mobile home, shall be developed sufficient to provide a minimum of two hundred fifty (250) gallons of water daily to each mobile home. Any such private water supply system shall be approved by the Dutchess County Department of Health and shall meet the following require- ments: 443.411 Wells or suction lines shall be located at least fifty (50) feet from building sewers, septic tanks, and dry wells; at least one _ hundred (100) feet from disposal fields, and seepage pits; and at least one hundred -fifty (150) feet from any cesspools. 443:412 All water storage structures or reservoirs shall be covered, watertight, and constructed of imper- vious material. All manholes or other openings required for proper operation of the water storage facilities shall be covered or screened to prevent contamination and there shall be no direct drainage between a reservoir and any pipe conveying or liable to convey sewage or polluted water. 443.413; The water piping system shall connect all build- ings requiring water, shall not be connected with non -potable or questionable water supply, and shall provide a pressure of at least forty (40) pounds per square inch, under normal operating conditions, to buildings requiring potable water supply. 443.414 [-later riser pipes shall be at least three- ' quarters (3/4) of an inch, shall extend at least four (4) inches above ground elevation, and shall be located within the confined area 61 of the mobile home stand at a point where the water connection shall approximate a vertical position. 443.415 A shutoff valve below the frost line shall be provided near the water riser pipe on each mobile home site. 443.416 Underground stop and waste valves shall not be installed on any water service. 443.417 Adequate provisions shall be made to prevent `freezing of service lines, valves and riser pipes and to!protect risers from heaving and thawing actions of ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipe and from cut-off valves. 443.42 Sewage Disposal: 443.421 .Where connection to existing off-site public sewerage facilities is not possible at the time the trailer park commences rental of the site, a sewage treatment system, acceptable to the Dutchess.County Department of Health and other State and Federal agencies, where such approvals are required., will be required subject to the provisions of Section 443.22. 443.422 Cohere part or all of a mobile home park is to be located within an area that at the time of site plan approval is in part or entirely within a public water or sewage improvement district as provided in Article 12 of the Town Law, any water or sewer facility within the mobile home park shall be designed and located in such a way .as to readily permit their connection to the public system at such time as they are con- structed. 11hen said municipal facilities are available, mobile home park systems shall tie - into -said municipal facilities and said mobile home park facilities shall be abandoned. 443.43 Drainage: The ground surface on every mobile home site shall be graded and equipped to drain all surface and subsurface water in a safe, efficient manner to insure freedom from stagnant pools, erosion and flooding. Plans for the collection and disposal of surface and sub- surface water shall be provided and shall be subject to approval by the Planning Board. Such plans shall include: 62 443.431 Splash blocks or downspouts for the dispersion of roof runoff shall be installed where neces- sary. Splash blocks shall be at least thirty (30) inches long and twelve (12) inches wide and firmly embedded to prevent displacement. 443.432 Storm sewers shall be laid on sufficient grade to provide a minimum velocity as approved by the Town Engineer. 443.433 Drain lines, drain inlets, and paved gutters shall be of adequate size, design, and con- struction to insure positive runoff. 443.434 Retaining walls, cribbing or other engineering structures shall be installed and maintained where the topography has a slope of two on one (2.1) or more to prevent erosion. 443.5 Utility Standards All utility connections including, but not limited to, electrical, telephone, and gas connections shall be located underground. 443.51 Electrical Requirements! 443.511 All direct burial conductors or cable shall be burie3 at .Least eighteen (18) inches below the around surface and shall be insulated and specially designed for the purpose. Such con- ductors shall be located no less than one (1) foot radial distance from water, sewer, gas or communication lines. 443.512 Each mobile home site shall be provided with electrical current of the standard voltage and frequency generally provided in the area. 443.513 Each mobile home lot shall be provided with an approved disconnecting dsvice and overcurrent protective equipment. The minimum service per outlet shall be 120/24C volts AC, 60 amperes. 443.514 Outlet receptacles at each mobile home stand shall be located not more than twenty-five (25) feet from the overcurrent protective devices in the mobile home and a three -pole, four -wire grounding type shall be used unless other grounding types are approved by the Planning Board. Receptacles shall be of weatherproof construction.. 63 443.515 All exposed noncurrent carrying metal parts of mobile homes and all other equipment shall be grounded by means of an approved grounding con- ductor with branch circuit conductors or other approved method of grounded metallic wiring. The neutral conductor shall not be used as an equipment ground for mobile homes or other equipment. 443.52 Lighting Requirements: Mobile Home Parks shall be furnished with lighting units so spaced and at such heights to provide illumination for safe pedestrian and vehicular movement at night. 443.521 In all parts of the Mobile Home Park road system an average illumination level of at least 0.8 footcandle and a minimum illumination level of at least 0.3 footcandle shall be maintained. 443.522 Potentially hazardous locations shall be indi- vidually illuminated with a minimum level of at least 1.0 footcandle where deemed necessary by the Planning Board.. 443.53 Gas: Each mobile home site provided with piped gas shall have an approved manual shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap and locking device to pre- vent accidental discharge of gas when the outlet is not in use. 443.54 Heating: All service structures, if not conventionally heated shall be provided with space heating equipment adequate to maintain seventy degrees (70°) F temperature inside the building at an outside design condition of minus ten degrees (-10°) F, and be subject to the approval of the Building Inspector. 443.541 No space heating equipment or portable fuel burning equipment shall be used in any unvented, confined enclosure. 443.542 In all service buildings, heating facilities shall be.capable of maintaining sufficient hot water for all lavoratory and laundry fixtures. 443.6 Service and Storage Requirements All service and/or storage facilities as described in this section shall be appropriately and attractively screened in accordance with a plan approved by the Planning Board, and shall be so maintained. 64 443.61 Laundry:. A laundry facility with suitable automatic washers and dryers, plumbing, electricity, and ventil- ation,.shall be _provided in a central location unless it is clearly shown to the satisfaction of the Planning Board that such a facility is not necessary for the needs, reasonable convenience, or emergency usage by the residents of the Mobile Home Park. 443.611 The internal finish material of any common laundry facility shall be capable of with- stan(,ing frequent washing and cleaning. 443.62 Storage of Material and Equipment: 443.621 A concrete slab shall be provided behind the mobile home for the placement of metal sheds by the mobile home owner. This slab shall be of such a size as to allow for a minimum size shed of ten (10) feet by ten (10) feet and an additional three (3) feet along the edge of the shed for the placement of garbage containers. 44.3.62.2 Storage areas shall be maintained to prevent rodent harborage; lumber, pipe, and other building material shall be stored at least one (1) foot above ground; storage shall not be perwittect under mobile homes unless it is clearly shown that such storage is necessary and will not provide rodent or insect harborage. 443.623 Storage space shall be provided by the Mobile Horse Park management for park maintenance materials and equipment. 443.63 Liquid Petroleum Gas Storage 443.631 Liquid Petroleum Gas (LPG) Systems, if used, shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge tc.rrl '_nates at a safe location. Such systems shall have at least one (1) acces- sible means for shutting off gas. Such means shall be located outside the mobile home and shall be maintained in effective operating condition. 443.632 All LPG piping outside of the mobile home shall be well supported and protected against mechani- cal injury. Undiluted liquified petroleum gas in liquid form shall not be conveyed through piping eauinment and systems in mobile homes. 65 443.633 Liquified petroleum gas containers installed on a mobile home .site shall be securely but not permanently fastene(7 to prevent accidental overturning. Such containers shall not be less than twelve (12) nor more than sixty (60) gallons gross capacity, 443.634 No liquified petroleum gas vessel shall be stored or located inside or beneath any storage cabinet, carport, mo'Dile home, or any other structure, unless such installations are approved by the Dutchess County Department of Health. 443.64 Fuel Oil Storage: 443.641 All piping from outside fuel oil storage tanks or cylinders to mobile homes shall be per•- manently installed and securely fastened in place. 443.642 All fuel oil storage tanks or cylinders shall be secur::ly fastened in place and shall not be located inside or beneath any mobile home or less than five (5) feet from any mobile home exit. 443.643 Storage tanks located in areas subject to - traffic shall be protected against physical damage. 443.644 Where safety and economics permit, fuel oil storage tanks shall be placed underground. Approximately a two hundred and seventy five (275) gallon storage facility shall be pro- vided for each mobile home lot where oil heating is used. 443.65 Refuse- The storage, collection and disposal of refuse in the Mobile Home Park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident, fire hazards or air pollution. 443.651 All refuse shall be stored in fly tight, water tight, rodent proof containers stored behind the mobile home adjacent to the metal storage shed of the concrete slab so provided. A dumpster shall be provided in each mobile home park to provide for outsized trash and addi- tional restrictions for refuse storage may be imposed by the Planning Board as part of site plan approval. 66 443.652 Refuse collection stands shall be provided for all refuse containers. Such container stands shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration, and to facilitate cleaning around them. 443.653 All refuse containing garbage shall be collected at least weekly and as required. Where suitable collection service is not available from muni- cipal or private agencies, the Mobile Home Park management shall provide this service. All refuse shall be collected and transported in covered. vehicles or covered containers. 443.66 Recreation Area: Not less than one hundred (100) square feet per mobile home of the Mobile Home Park area shall be devoted to recreational facilities, which should be provided in a central location when possible. Where determined necessary by the Planning Board, drinking fountains shall be provided in or near the recreation service areas and shall have a flow pressure of at least fifteen (15) pounds per square inch and shall meet the standard requirements of the Town Recreation Commission. 443.67 Fire Protectionz 443.671 Mobile Home Park areas shall be kept free of litter, rubbish and other flammable materials. 443.672 Portable fire extinguishers; approved by the local district shall be kept in all service buildings and shall be maintained in good operating condition. 443.673 No open fire shall be permitted except in facilities intended for such purposes. 443.674 Fire hydzants shall be located within five hundred (500) feet of all structures and shall deliver at least seventy-five (75) gallons of water per minute at a. flowing pressure of at least thirty (30) pounds per square inch at the highest elevation point of the park. 443.675 Construction should provide reasonable assur- ance of safety to life by making provisions to retard the progress and spread of fires and by providing for means of egress which will mini- mize danger to life from fire; smoke, or resulting panic before structures are emptied. 67 443.68 Environmental Standards: Prior to the approval of any area for the development of any Mobile Home Park, the Planning Board shall determine that the following en- vironmental standards are met: 443.681 The soil and topographical conditions of the site shall be such as not to create an unreason- able health hazard or a significant detrimental effect to the ecology of the area. 443.682 The site shall not be exposed to unusual noise, objectionable smoke, noxious odors, insect or rodent infestation, or the probability of flooding or erosion. 443.69 Buffer Areas, A buffer strip shall be required along all property lines abutting a residential district or directly across a local street from any property in a residential district. Such buffer strip shall comply with at least the following minimum standards; 443.691 It shall be of evergreen planting of such type, height, spacing and arrangement as, in the judgement of the Planning Board, will effectively screen the activity on the lot from the neigh- boring residential area. Dion -evergreen planting may be included to seasonally supplement planting; but not to replace it. 443.692 The buffer strip shall be at least twenty (20) feet in width, except where unique or extra- ordinary circumstances exist; larger buffer may be determined by the Planning Board. 443.693 A wall or fence, of location, height, design and materials, approved by the Planning Board, may he required in addition to the required planting. 443.694 The required planting and/or other improvements within the buffer area shall be properly main- tained in good condition at all times throughout the continuance of the Mobile Home Park. 443.7 Application Procedure The application procedure for approval of a Mobile Home Park shall involve a three -stage process: (1) application for approval of a Land Use and Development Plan to the Town Board; (2) Planning Board review and report to the Town Board on the appropriateness of the proposal in context of the Town Development Plan and this Ordinance; and (3) public hearing by the Town Board and decision on the Special Use Permit. 68 443.8 Town Board Action Within thirty (30) days of the date of the public hearing, the Town Board shall, by resolution, act either to approve, approve with modifications, or disapprove the General Land Use and Development Plan for a proposed Mobile Home Park. Approval, or approval with modifications, is required for, and shall be deemed to authorize, the applicant to proceed with a detailed design of the proposed development, and to submit applications for the approved site development plans which are in accordance with the approved General Land Use and Development Plan. The Town Board shall not act to approve any application for a Mobile Home Park urless it determines: (1) that such develop- ment will service to implement the intent and purposes as set forth in this section of the Zoning Ordinance; (2) that the location proposed for the Mobile Home Park is suitable and appropriate for such a development; and (3) that such develop- ment is otherwise in the public interest. Such conditions and safeguards shall be attached to tale Special Permit as the Town Board deems necessary and appropriate to assure continual conformance to all applicable standards and requirements. 443.9 Fees The Town of Wappinger subdivision fee schedule shall apply with regard to applications for new mobile home parks with each trailer site equivalent to one lot. 444. Additional Requirements for Motor Vehicle Sales, Gasoline Filling Stations, and Repair Garages 444.1 No driveway to or from any gasoline filling station shall be within one thousand (1,000) feet (measured along the street line on that side of the street on which such Gasoline Filling Station driveway would cross) of the boundary line of any Residence District, or of any school, church, park, playground, hospital, public library, institution for dependents or children or any place of public assembly designed for the simultaneous use of one -hundred (100) persons or more, regard ess of the district where either premises are located. 444.2 There shall be no more than one (1) fuel pump for each 1,500 square feet of lot area. 444.3 Fuel pumps shall be set back from the street line at least twenty- five (25) feet. All other buildings and structures, except under- ground storage tanks, shall be set back at least forty-five (45) feet from the street line, ten (10) feet from each side line, and twenty-five (25) feet from the rear lot line, unless larger front or side yards are specified in Section 422. 444.4 All automobile parts, wrecked or damaged motor vehicles, or similar articles shall be stored within a building; major repair work may be carried on outdoors where it is impracticable to do such work within a building, but in no case shall any vehicles requiring such work be stored outdoors for a period exceeding five (5) days for gasoline filling stations or fourteen (14) lots for repair garages. Gasoline or oil sales, changing of tires and other similar automobile servicing shall not be considered to be major repair work. 444.5 Use of a building for any residence or sleeping quarters shall not be permitted. 444.6 There shall be a minimum of 2,500 feet between gasoline filling stations. r 70 (Note there is no page 71 or page 72 in this report) Section 450. Site Development Plan Approval The following provisions shall govern site plan procedures where the submission and approval of a site plan is required by the provisions of this Ordinance. 450.1 Anoroval Rectuired No building permit shall be issued and no structure or use shall be established, other than one (1) one -family dwelling or a special permit use approved in accordance with the procedure specified in Section 430 of this Ordinance, except in conformity with an approved site development plan, and no certificate of occupancy for such structure or use shall be issued until all the require- ments for such approval and any conditions attached thereto have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approved plan and conditions. Revisions of such plans shall be subject to -the same approval procedure. 450.2 Application for Site Development Plan Approval Any application for site development plan approval shall be made in writing at least three (3) weeks in advance of a regularly scheduled Planning Board meeting. It shall be submitted to the Zoning Administrator and shall be accompanied by a detailed development plan prepared by a legally qualified individual or firm, such as a registered architect, landscape architect or professional engineer, and shall provide the following information: 450.21 Eight (8) copies of an area map, at a scale convenient for Planning Board use, showing the applicant's entire property as well as all adjacent properties; existing and proposed roads, railroads, streams, rights-of-way and easements in all directions from the subject parcel; all community facilities and utility trunk lines in the neighboring area; and all existing school, zoning and special district boundaries within five -hundred (500) feet of the applicant's property. 450.22 Eight (8) copies of the applicant's proposed site development plan drawn at as large a scale as is convenient, practical and reasonably possible, showing the following items of information: 73 (a) The name and address of the owner of record of the property, and the name, address and professional seal ,of the individual preparing the site plan. (b) The names of all owners of record of adjacent properties. (c) The accurate location of the boundaries of the applicant's property, and any existing lot lines, streets, easements or other reservations located within it. (d) The location of all existing buildings, structures, and other man-made features of the site, as well as those on adjacent properties within one -hundred (100) feet of the property boundary, including existing Utility lines. (e) The proposed location, use and design of all buildings and structures, (f) A tabular analysis of the proposed use of all floor space clearly indicating the proposed type of use by building and by floor level, and the proposed division of buildings into units of separate occupancy. (g) The location and design of all driveways, parking and loading areas, including ir„proveacnts to adjoining streets designed to facilitate the safe and convenient flow of traffic to and from the site. - (h) The location and design of the proposed water supply, sewage disposal and stor.:i water uvainage systems, including the relationships of these to related off- site facilities, services and systems, along with an analysis of t'ze imp -pct of the proposed site's develop- ment upon them. (i) The location and design of ail other proposed improve- ments including signs, e;cto_ior li,hting, recreational facilities, fences, walls, z.efuse enclosures, buffer screening and la:dscaping. (j) The proposed nature and loc,-.tion of any uses which will not be located within a building or structure, including outdoor storage and displ<.y ar.z,s if any. (k) Existing and proposed contof---s, w`.t:h vertical intervals of not :ror t -: waived by the Planning Board, extending at least fifty (50) feet beyond the site boundaries, and referenced to USGS or other approved bench mark. (1) The nature and location of all other existing site features, including waterbodies, watercourses, wooded areas, rock outcrops, and single trees with a diameter at breast height (dbh) of twelve (12) or more inches. The plan shall clearly indicate which site features are to be retained and which will be removed or altered. (m) Appropriate plans for the protection of the site's environment during the course of construction, including erosion control, protection of existing vegetation, noise control, limits on hours of operation, access routes for construction vehicles, and other similar measures as may be appropriate in each individual case. (n) Any other pertinent information as may be determined necessary or appropriate by the Planning Board or the Zoning Administrator to provide for the proper enforcement of this Ordinance. 450.24 In addition, the following items of information shall also accompany any site development plan application: 450.241 The proposed wording of any convenants, deed restrictions or association agreements which are intended to apply to all or any part of the subject property. 450.242 Plans and elevations of all proposed buildings, structures and accessory structures, including proposed signs. 450.243 Where the applicant proposes to develop the project in stages, a staging plan shall be submitted for approval along with an ultimate development plan for the entire parcel. 450.3 Referral of Application to Planning Board Upon receipt of a properly completed application as described in Section 450.2 above, the Zoning Administrator shall determine whether or not it conforms to the basic requirements of this Ordinance. If such conformance is determined, the Zoning Administrator shall refer copies of the application to the appropriate Town, County and State officials, departments and agencies for their review and comment and shall allow a fifteen 75 (15) day period for the receipt of their recommendations. At the end of the fifteen (15) day review period, the Zoning Administrator shall submit a report containing these recommend- ations to the Planning Board together with the subject application. The applicant shall be provided with a copy of the report and recommendations at least five (5) days in advance of the Planning Board meeting at which it will be considered. Within forty-five (45) days of the date of receipt of a properly completed application, the Planning Board shall act to approve, disapprove or approve with modifications, the proposed site plan. 450.4 Standards for Site Development Plan Approval In acting on any site development plan application, the Planning Board shall take into consideration the recommendations of the Town Development Plan and the Official Map; the proposed height, bulk, location and architectural features of main and accessory buildings and their relationship to the site and to one another; traffic circulation within and without the site; provision of off-street parking and loading space; the nature and design of exterior lighting, signs, landscaping, buffer areas and other open spaces; and the availability of supporting services and facilities, so that any development on the site will satisfactorily and harmoniously relate with the existing or permitted development of neighboring land and buildings, and so that pedestrian and vehicular traffic will be handled safely and adequately both within the site and in relation to the adjoining street system. In considering any proposed site development plan, the Planning Board may require review by appropriate professionals of the Town's choosing. W 450.6 Expiration of Approval Any site plan approval shall expire if construction on the site is not begun within one (1) year of the date of approval or if substantial construction in accordance with the proposals encom- passed by the site plan is not obtained within three (3) years of the date of approval, or if the construction is not prosecuted with reasonable diligence. 450.7 Planning Board Initiative The Planning Board may, on its own initiative, propose a general or specific site plan for a particular area where a site plan approval may be required in the future, using the requirements of the Schedule of Regulations and this Ordinance as a guide. Section 460. Standards Regulating Development in Flood -Prone Areas 460.1 Purpose For the purpose of securing safety from flood, prevention of property damage and loss, and all other related dangers, and of promoting the health and general welfare by regulating and restricting development in the Flood -Prone Areas of all rivers, creeks, streams and waterbodies which have or tend to have over- flowed their banks, the provisions of this Section shall apply within the designated Flood -Prone Areas, the general boundaries of which are shown on the Town Zoning Map. 460.2 Official Flood -Prone Area Profiles Established The Official Flood -Prone Area Profiles, which shall govern the location of Flood -Prone Area jurisdictional territory boundaries, prepared for the Department of Housing and Urban Development by the United States Geological Survey, shall be placed on file and maintained in the Office of the Town Clerk for public review. 460.3 Permitted Uses The Flood -Prone Area is superimposed upon other districts pro- vided for in this Ordinance. The permitted principal and accessory uses for any lot in a Flood -Prone Area shall be the same as otherwise permitted in the district in which it is located. 460.4 Delineation of Flood -Prone Areas The landward boundary of the Flood -Prone Areas shall be that of the one -hundred year (100 -year) recurrance interval flood. 77 460.5 Permits for Development Within a Flood -Prone Area Within a Flood -Prone Area, no structures shall be erected, con- structed, altered or enlarged except upon issuance of a Special Permit in accordance with Section 430 of this Ordinance, and the following additional provisions shall also apply: 460.51 In addition to the normal information contained on the required site plan, such plans shall also show the limits of the Flood -Prone Area, the elevation of the first floor of any proposed building, the required access and its elevation, and the existing and proposed grades on the property. 460.52 A written statement shall be submitted by the applicant, indicating how the proposed development complies with the additional standards and requirements of this section. 460.6 General Requirements 460.61 All Uses: No structure, fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses shall be permitted which, acting alone or in combination with existing or future uses unduly affects the efficiency or capacity of the stream channel or unduly increases flood heights. Con- sideration of the effects of a proposed use shall be based upon the assumption that there will be an equal degree of encroachment on both sides of the channel, and that the Flood -Prone Area delineation will equitably affect riparian properties and interests. 460.62 Fill: Any fill proposed to be deposited in the desig- nated Flood -Prone Area must be shown to have some beneficial purpose, and that the amount thereof is not greater than necessary to achieve that purpose, as demonstrated by a plan submitted by the property owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials. Such fill or other materials shall be protected against erosion by riprap, vegetative cover or bulkheading to the degree determined necessary by the Board of Appeals. If the Board of Appeals determines that the water -storage capacity of the Flood -Prone Area is substantially reduced by such proposed fill, it may require an equivalent amount of earth excavation to offset the reduced capacity. 78 460.63 Structures: 460.631 Within any designated Flood -Prone Area, all structures shall be subject to the following special limitations: [a] All structures shall be built to withstand hydrostatic pressure, erosion and seepage up to an elevation not less than three (3) feet above the design floodplain water elevation. [b] The first -floor elevation shall not be less than three (3) feet above the design flood- plain water elevation. (c] All materials located below the first -floor elevation shall be protected from flood damage by the installation of watertight doors, bulkheads or shutters, and by adequate waterproof construction. [d] Structures shall be served only by service facilities, such as water, sewer, electrical and heating equipment, that are adequately protected from flood damage so as to prevent interruption of service.. [e] Each principal structure shall have at least one (1) access route from a public street, which route is above the design floodplain water elevation and which route can be used for access by emergency equip- ment and the evacuation of persons. [f] Parking garages and parking lots shall be permitted below the design floodplain water elevation, but all such areas shall have warning signs clearly visible that the parking area is subject to flooding. 460.632 All structures within the mean annual flood line of the Flood -Prone Area shall be subject to the following additional limitations: [a] Structures shall be designed to cause the least possible impediment to the flow of floodwater and debris, including, if possible, construction with the longitudinal axis parallel to the direction of the flood flow and in line with similar structures on adjoining properties. 79 [b] No structure meant for human habitation shall be permitted. [c] No structure shall be permitted with walls or other similar features extending below the design floodplain water elevation except for necessary supporting columns or piles. 460.64 Storage of Materials and Equipment: There shall be no storage of materials or equipment that are buoyant, flammable, explosive or could be injurious to human, animal or plant life. The storage of other materials or equipment, if allowed in the district in which the property is situated, shall be permitted if not subject to damage by flood, if anchored to prevent floatation or readily removable from the area within the limited time available after flood warning, and if it will not cause pollution of the stream or river. 80 Section 470. Off -Street Parking and Loading 471. General 471.1 All structures and land uses hereafter erected, enlarged, moved, created, changed in intensity, or substantially altered shall be provided with the amount of off-street parking and loading space required by the terms of this Section to meet the needs of persons occupying or using such structures or land. A permit for the erection, replacement or substantial alteration of a structure, or land use, shall not be issued unless off- street parking and loading facilities shall have been provided in accordance with the requirements set forth in this Section, and such required parking and loading facilities shall be com- pleted before a certificate of occupancy shall be issued. 471.2 In case of exceptional difficulty or unusual hardship to such properties, arising out of the requirement of this Section, the Board of Appeals may reduce the parking requirements, but shall require such degree of compliance as it may deem reasonable. 471.3 Required off-street parking facilities which, after development, are later dedicated to and accepted by the Town, shall be deemed to continue to serve the users or structures for which they were originally provided. 472. Existing Structures and Uses Structures and land uses in existence or for which building permits have been approved at the time of the adoption of this Ordinance, shall not be subject to the parking or loading space requirements set forth 81 in this Section. However, any parking and loading facilities now existing to serve such structures or uses shall not be reduced except where they exceed such requirements in which case they shall not be reduced below such requirements. (See Section 404.) 473. Location, Use, Design, Construction and Maintenance 473.1 Location Required parking and loading spaces shall be provided upon the same lot as the use or structure to which they are accessory, except that off-street parking spaces required for structures or land uses on two or more adjacent lots may be provided in a single common facility on one or more of said lots may be pro- vided in a single common facility on one (1) or more of said lots provided that a legal instrument, satisfactory to the Town Attorney, assures the continued existence of the parking facility to serve said structures or land uses as long as they may exist. Such agreements shall also guarantee that upon the termination of such joint use, each subsequent -use of the premises will provide off-street parking facilities for its own use in accordance with all requirements of this Section. Also, the Planning Board may permit all or part of the required off-street parking spaces to be located on any lot within two hundred (200) feet of the building if the Board determines it is impractical to provide parking on the same lot with the building. In no event shall such parking and loading spaces for a non-residential use be located in any Residence District. 472.2 Size of Parking Spaces Each parking space shall be at least ten (10) feet wide and twenty (20) feet long if unenclosed and at least eleven (11) feet wide and twenty (20) feet long if bordered by walls or columns on two (2) or more sides. Where parking spaces are defined by curbs providing space for overhang of vehicles such spaces may be reduced in depth to eighteen (18) feet. Backup and maneuver- ing aisles between rows of parking spaces shall be at least twenty-five (25) feet wide except where,the approving authority approves a lesser dimension as adequate to serve parking spaces arranged at less than ninety degree (90°) angle. The front or rear overhang shall not encroach on any sidewalk or land- scaped areas. 473.3 Landscaping Except for parking spaces accessory to a one -family dwelling, all off-street parking areas shall be curbed and landscaped with appropriate trees, shrubs, and other plant materials and ground cover, as approved by the Planning Board based upon consideration of the adequacy of the proposed landscaping to assure the estab- lishment of a safe, convenient and attractive parking facility with a minimum amount of maintenance, including plant care, snow 82 plowing and the 'removal of leaves and other debris. At least one (1) tree with a minimum diameter of three (3) inches at a height of four (4) feet above ground level shall be provided within such parking area for each ten (10) parking spaces. 473.31 Wherever possible, raised planting.islands, at least eight (8) feet in width, shall be provided to guide vehicle movement, and to separate opposing rows of park- ing space so as to provide adequate space for plant growth, pedestrian circulation and vehicle overhang. Such raised planting islands and the landscaping within them shall be designed and arranged in such a way as to provide verticle definition to major traffic circulation aisles, entrances and exits; to channel internal traffic flow and prevent indiscriminate diagonal movement of vehicles, and to provide relief from the visual monotony and shadeless expanse of a large parking area. Curbs of such islands should be designed so as to facilitate surface drainage and prevent vehicles from overlapping sidewalks and damaging landscaping materials and front or rear overhang shall not encroach on any sidewalk or landscaped areas. 473.32 In all off-street parking areas containing twenty-five (25) or more parking spaces, at least ten percent (10%) of the area between the inside perimeter of the parking surface of the parking area shall be curbed and land- scaped with trees, shrubs and other plant materials. 473.33 No obstruction to driver vision shall be erected or maintained on any lot within the triangle formed by the street line of such lot, the outer edge of the access driveway to the parking area, and a line drawn between points along such street line and access drive thirty (30) feet distant from their point of intersection. (See Section 415.2) 473.4 Grades, Drainage, Paving and Marking All required parking f,�.cilities shall be graded, surfaced, drained and maintained throughout the duration of its use to the satis- faction of the Zoning Administrator to the extent necessary to avoid nuisances of dust, erosion, or excessive water flow across public ways or adjacent lands. The maximum slope within a parking area shall not exceed five percent (5%). In multi -family residential developments and in non-residential developments, the Planning Board shall require the provision of suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits. 473.5 Traffic Circulation In order to encourage safe and convenient traffic circulation, the Planning Board may require the inter -connection of parking areas via access drives within and between adjacent lots. The 83 Board shall require written assurance and/or deed restrictions, satisfactory to the Town Attorney, binding the owner and his heirs and assignees to permit and maintain such internal access and circulation and inter -use of parking facilities. 473.6 Waiver of Improvement Where the authority approving a site plan or special permit appli- cation determines that less than the required number of parking spaces will satisfy the intent of this Ordinance, said Board may waive the requirement in part, but not in excess of fifty percent (50%) of the number required according to Section 474 herein. In all cases it shall be expressly demonstrated on the site plan that sufficient space remains for the provision of the total amount of off-street parking required and the site plan shall .bear such designation. All such undeveloped parking space shall be used and maintained as additional landscaped grounds until required for.parking. Written guarantees, satisfactory to the Town Attorney, shall be submitted by the applicant for the eventual improvement of any such spaces which may have been waived, these spaces must be constructed by the property owner within six (6) months of the date of written notice to the prop- erty owner by the Planning Board that such spaces have been determined as necessary and must be constructed. 474. Schedule of Off -Street Parking Requirements Off-street parking spaces shall be provided as follows except that the Board of Appeals may modify these provisions as a condition of the issuance of a special permit according to the provisions of Section 440. Use Minimum Off -Street Parking 1 and 2 family dwellings 2 spaces for each dwelling unit. Mobile home 1 space for each dwelling unit. Multi -family dwelling 1 space for each dwelling unit plus 1/2 space for each bedroom. Professional office or 2 spaces in addition to spaces required home occupation permitted for the residential use except that there in a Residential District shall be 4 spaces for each medical or dental practitioner,in addition to spaces required for the residential use. Roomers or boarders 1 space for each guest sleeping room plus 1 space for each residential unit. Place of worship, theater, 1 space for each 4 seats or pew spaces, auditorium, athletic or, in places without seats,. 1 space for field, or other place of each 100 square feet of floor space assembly used for public assembly. 01 Hospital, nursing home, 1 space for each 3 patient beds and 1 convalescent home or space for each employee, including medi- home for the aged cal, nursing,.and service staff. Golf and country club Bowling alley or other center of public amusement Retail or service business Restaurant Office for business or professional use (other than accessory to residential use) 1 space for each 2 memberships. 5 spaces for each bowling lane. All others, 1 space per 100 square feet of floor space used for public amusement. 1 space for each 150 square feet of gross floor area. 1 space for each 3 seats or 1 space for each 100 square feet of gross floor area, whichever is greater. 1 space for each 250 square feet of gross floor area. Banking office 10 spaces plus 1 space for each employee plus 4 additional spaces for each person in excess of 2 acting as tellers including waiting space for drive-in window. Motel 1 space for each guest sleeping room plus 1 space for each 2 employees, plus 1 space for each permanent resident. Funeral home 1 space per employee plus 1 space per 25 square feet of gross floor space in assembly rooms. Motor vehicle sales 1 space per employee plus 1 space per 150 and service square feet of gross floor space. Veterinary office 1 space per employee plus 1 space per 300 square feet of gross floor space. Kennel or animal hospital 4 spaces per doctor, plus 1 space per employee but in no case less than 1 space per 400 square feet of gross floor area. Car washing establish- ment Research or development laboratory Manufacturing or indus- trial use 10 spaces per washing bay. 1 space per employee but not less than 1 space per 600 square feet of gross floor space. 1 space per employee but not less than 1 space per 400 square feet of gross floor space. 85 Wholesale, storage, 1 space per employee but not less than utility or other simi- 1 space per 1,000 square feet of gross lar commercial use floor space. Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within the categories listed above shall be determined by the Town Board and adopted as.an amendment to this Section. 475. Operation and Maintenance of Off -Street Parking Facilities Required off --street parking facilities shall be maintained as long as the use of structure exists which the facilities are deisgned to serve. Required parking areas developed for specific structures and uses shall be reserved at all times to those persons who are employed at or make use of such structures and land uses, except when dedicated to and accepted by the Town as public parking areas. 476. Off -Street Loading Requirements Off-street loading and unloading facilities shall be located on the same site with the use to be served except as provided in Section 473.1 and shall be provided as follows: 476.1 Size Each off-street loading space shall be at least fifteen (15) feet in width, at least forty (40) feet in length, and at least fourteen (14) feet in height, exclusive of access and turning areas, except that adjacent loading spaces may be each twelve (12) feet in width, except where delivery service will be by tractor trailer, in which care the minimum length shall be sixty (60) feet, and the minimum width shall be fourteen (14) feet. 476.2 Required Number of Spaces 476.21 For retail and/or service business establishments a minimum of one (1) space for the first 6,000 square feet, plus one (1) space for each additional 8,000 square feet of gross floor area or major part thereof, except that no berths shall be required for buildings with a gross floor area of less than 5,000 square feet. 476.22 For office establishments, a minimum of one (1) space for the first 10,000 square feet of gross floor area, plus one (1) space for each additional 15,000 square of gross floor area or major part thereof, except that no berths are required for buildings of less than 5,000 square feet of gross floor area. 476.23 For office research establishments a minimum of one (1) space for the first 8,000 square.feet of gross floor area of building, plus one (1) space for each additional 10,000 square feet of gross floor area, or major part thereof. m 476.24 For wholesale business, industry, storage, warehouses, and other commercial establishments, a minimum of one (1) space for each establishment, plus one (1) space for each 8,OOC square feet of gross floor area or major part thereof. 476.25 Other uses which do not fall within the categories listed above shall be determined by the Town Board, and adopted as an amendment to this Section. 477. Driveways 477.1 General For reasons of traffic and pedestrian safety; both on and off street, as well as to provide for possible future road widening or other improvements, all new driveways and sidewalk crossings entering onto any street shall comply with all requirements of these Regulations and shall be subject to the approval of the Superintendent of Highways, except where such are part of a use subject to special permit or site development plan approval, in accordance with Sections 430 and 450, in which case they shall be subject to Planning Board and/or Board of Appeals. 477.2 Driveway Grades 477.21 The maximum grade for any new driveway accessory to a single-family dwelling, and connecting its off-street parking area to a street, shall be twelve percent (12%) except that where it can be deomonstrated to the satis- faction of the approving authority that, because of practical difficulty or unreasonable hardship affecting a particular property, the construction of a driveway shall be permitted, provided the increase in driveway grade is the minimum increase required, and further provided that in no case shall such driveway grade be permitted to exceed fifteen percent (15%). 477.22 The maximumr grade for new drivewEys accessory to uses other than single-family dwellings and connecting the required off-street parking area to the street shall not exceed seven percent (7%), except that the approving authority shall have the same power to permit increased grades here as in Section 477.21 above, provided such grades in no case exceed ten percent (10%). 47723 Notwithstanding the maximum permitted grades specified in Section 477.21, no driveway serving a single-family dwelling shall have a grade in excess of four percent (4%) within thirty-five (35) feet of the center line of the travelled -way of the street, or within ten (10) feet of the right• -of -way line of the street, whichever distance is greater. 87 477.24 Notwithstanding the maximum permitted grades specified in Section 477.22, no driveway serving a use other than a single --family dwelling shall have a grade in excess of three percent (3%) within fifty (50) feet of the center line of the travelled -way of the street, or within -twenty-five (25) feet of the property line of the street, whichever distance is greater. The Board of Appeals may require increased platform areas of this type in sit- uations where, because of the nature of the proposed use, sutstantial traffic volumes are anticipated. 477.3 Driveway Alignment and Location Any driveway entering onto a street shall be located and aligned in such a way as to create the minimum possible traffic hazard. The platform portion of the driveway, as required by Section 477.2 above, shall be aligned at approximately right angles to the street. 477.4 Sight Distance Clear visibility shall be provided in both directions at all exit points so that the driver of 'an automobile stopped on the platform portion of any new driveway will have an unobstructed view of the highway for a reasonable distance (commensurate with the speed and volume of traffic on such highway), and so that the driver of an automobile travelling on the highway shall have a similar view of the automobile- in the driveway„ Section 480. Performance Standards 481. Conformance Required No business or industrial use shall hereafter be maintained, established, altered, moved or expanded unless it complies with the performance standards set forth in this section. Continued conformance with such standards shall be a requirement for the continuance of any certificate of occupancy. Central utility systems serving three (3) or more dwelling units, including but not limited to systems providing heat, water, air- conditioning, and electric power shall be deemed to be non-residential uses for the purposes of this Section. 482. Purposes Consistent with the general purposes of this ordinance, performance standards shall set specific controls on potentialy objectionable external aspects of business and industrial uses so as to: 482.1 Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor or other atmospheric pollutant outside the building in which the use is conducted. 452.2Control noise perceptible beyond the boundaries of the site of the use. MM 482.3 Prevent the discharge of untreated or insufficiently treated wastes into any watercourse. 482.4 Prevent the dissemination of vibration, heat or electromagnetic interference beyond the immediate site on which the use is located. 482.5 Prevent physical hazard by reason of fire explosion, radiation or any similar cause. 482.6 Regulate and control tie generation and flow of vehicular traffic so as to prevent hazardous conditions, traffic con- gestion and excessive noise in the streets. 483. Standards 483.1 IQoise 483.11 Method of Measurement.: For the purpose of measuring the intensity anC frequencies of sound, sound level meters and octave hang' filters shall be employed. Octave band analyzers calibrated with pre -1960 octave bands (American Standards Association 224.10 - 1953 Octave Band Filter Set) shall be used. Sounds of short duration which cannot be measured accurately with the sound level meter, shall be measured with an impact noise filter in order to determine the peak value of the impact. 483..12 Maximum Permitted Sound Pressure Level: The decibels resulting from any activity, whether open or enclosed, shall not exceed at any point on or beyond any lot line, the maximum decibel level for the designated octave band as set forth in the following table, except that where the lot lies within two hundred (200) feet of a residence district, whether within or without the Town, the maximum permittee decibel level at any point on or beyond the district boundary shall be reduced by six (6) decibels from the maximum permitted level set forth in the table, and further, except that such reduction shall also apply to any sound emitted between the hours of 9 P.M. and 7 A.M., and all day Sundays. Octave Band Sound Pressure Level (cycles per second) (decibels) 0 - 74 66 - 75 - 149 58 150 - 299 55 300 - 599 50 600 - 1,199 45 1,200 - 2,399 42 2,400 _. 4,799 38 4,800 -- 20,000 35 89 483.13 Exemptions: The following uses and activities shall be exempt from the noise level regulations: 483.131 Noises not directly under the control of the property user. 433.132 Noises emanating from construction and construction maintenance activities between 8 A.M. and sunset. 483.133 The noises of safety signals, warning devices, emergency pressure relief valves, or other emergency warning signals. 483.134 Transient noises of moving sources such as automobiles, trucks, airplanes, and railroads. 483.2 Vibration 483.21 Method of Measurement: For the purpose of measuring vibration, a three �(3) cor:'ponent measuring system approved by the Town Engineer shall be employed. 483.22 Maximum Permitted Steady State and Impact Vibration Displacement: Ho activity shall cause or create a steady state or impact vibration on any lot line with a vibration displacement by frequency bands in excess of that inclicatec in the following table: Frequency (cycles per second) Under 10 10 - 19 20 - 29 30 - 39 40 and Over Vibration Displacement (in inches)_ Steady -State Impact 0005 .0010 .0004 .0008 .0003 .0006 .0002 .0004 .0001 .0002 483.3 Smoke, Dust and Other Atmospheric Pollutants 483.31 General Control.: The emission of smoke and other particulate matter, shall not be permitted, regardless of quantity, if it will be in any way detrimental to the public health, safety, walfare or comfort, or a source of damage to property. 483.32 Method of Measurement of Smoke. For the purpose of grading the density of smoke, the Ringelmann Smoke Chart shall be used to 6etermine the total smoke units emitted.. A reading shall be taken every minute for an hour, or if less than an hour until the total smoke units emitted exceed the number allowed by these Regulations. Each reading shall be multiplied by the number of minutes during which it was observed and the produce added. ON 483.33 Maximum Permitted Emission of Smoke: There shall be no measurable emission of smoke, gas or other atmospheric pollutant. The emission of one smoke unit per hour and smoke ,lith discernible density of Number 1 on the Ringelmann Smoke Chart shall be prohibited. 483.34 Maximum Permitted Emission of Dust 483.341 The emission of dust related to combustion for indirect heating from any source shall not exceed 0.30 pounds of dust per thousand ` pounds of flue gas adjusted to fifty percent (50%) excess air for combustion. 483.342 There shill be no measurable emission of dust or other particulate matter not related to combustion for indirect heating. 483.343 All properties shall be suitably improved and maintained •,pith. appropriate landscaping and paving, or other type of improvement, so that there will be no measurable wind-blown dust or other similar types of air pollution created. • 483.4 Odorous matter No land use shall be permitted whic:i emits any discernible odor outside the building in which the use is conducted. 483.5 Toxic or Noxious Matter No use shall be permitted which will cause any dissemination whatsoever of toric or noxious matter outside the building in which the use is conducted. 483.6 Radiation The handling, storage or uisposal of radioactive materials or waste by-products, whether or not licensed by the Atomic Energy Commission, shawl be conducted only in accordance with the standards establisj:ed in Title 10, Chapter 1, Part 20, Code of Federal. Regulations, "Standards for Protection Against Radiation'', as amended, anct in accordance with any other applicable laws or regulations. 483.7 Electromagnetic Interference No operation shall be permitted which produces any perceptible electromagnetic interference with normal radio or television reception in any area within or without the Town. 91 483.8 Fire and Explosive Hazard No storage or manufacture of explosives, or solid materials or solid products which burn actively or which have a low ignition temperature, a high rate of burning, or create great heat, under ordinary temperature conditions, shall be permitted. 483.9 Heat There shall be no emission of heat which would cause a temperature increase in excess of one degree (10) F along any adjoining lot line, whether such change be in the air, in the ground, or in any watercourse or water body. , 484. Liquid or Solid Wastes The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws and regulations of the Dutchess County Department of Health, Ne�.T York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property.and so as to discourage the breeding of rodents or insects. 485. Vehicular Traffic No non-residential use shall be permitted where it is determined by the Town Board that the type and number of vehicle trips it is esti- mated to generate would be expected to produce unusual traffic hazards or congestion, or cause or induce emissions which may be expected to interfere with the maintenance of air quality standards established by the U.S. Environmental Protection Administration, the New York State Department of Environmental Conservation, or other regulatory agency having jurisdiction, :due to the design or capacity of the state or highway system, the relationship of such proposed use to surrounding or nearby industrial, commercial or residential uses, or other factors affecting air pollution arising from mobile source activity. Section 486. Procedure 486.1 In the case of any application for .the establishment of a use subject to the performance standards, the Planning Board may require the applicant, at his own expense, to provide such evidence as it deems necessary to determine whether the proposed use will conform to said standards. 486.2 If the Planning Board deems it necessary, expert advice may be obtained, with the cost of such advice paid for in advance by the applicant as a condition of further consideration of his application. The report of any expert consultants shall be promptly furnished to the applicant. 92 i 486.3 During the course of site plan review, the Planning Board will determine if the applicant's proposal will conform to the performance standards. 487. Enforcement If, in the judgment of the Zoning Administrator or of the Town Board, there is a violation of the performance standards: 487.1 The Zoning Administrator shall give written notice, by registered or certified mail, to the owner and tenants of the property upon which the alleged violation occurs, describing the par- ticulars of the alleged violation and the reasons why it is believed that there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Administrator within a reasonable time limit set by said Inspector, The notice shall state, and it is hereby declared, that failure to reply, or to correct the alleged violation to the satisfaction of the Zoning Administrator within the time limit, constitutes admission of a violation of this Ordinance. The notice shall further state that, upon request of those to whom it is directed, technical determinations of the nature and extent of the violation as alleged will be made, and that, if violation as alleged is found, costs of the determinations will be charged agains,t.those responsible, in addition to such other penalties as may be appropriate, and that, if it is determined that no violation exists, costs of determination: will be borne ]Jy the Town. 487.2 If, within the time limit set, there is no reply, but the alleged violation is correctee to the satisfaction of the Zoning Administrator, lie shall note "�7iolation Corrected" on his copy of the notice ane shall retain it among his records. 487.3 If there is no rer�ly within the time limit set (thus establish- ing admission of a violation of this Ordinance) and the alleged violation is not corrected to the satisfaction of the Zoning Ad- ministrator within the time limit set, he shall proceed to take action in accordance with. Article V, Section 500 of this Ordinance. 93 ARTICLE V. "71FOP.CrT'r7IT Aida ADMINISTRATIOM Section 500. Enfnrcempnt 501. General Provisions No board, agency, officer. or employee of the Town shall issue, grant or approve any permit, license, certificate, or other authorization, including adjustments by the Board of Appeals, for any construction, reconstruction, alteration, enlargement, or moving of any building, or for any use of land or building that would not be in full compliance with the provisions of this Ordinance. Any such permit, license, cer- tificate, or other authorization, issued, granted or approved in , violation of the provisions of this Ordinance,.shall be null and void and of no effect, without the necessity of any proceeding or revocation or nullification thereof. 502. Enforcement Agents This Ordinance shall, be enforced by the Zonincr Inspector and such deputy inspectors as may be appeint.ed by the Tom Board. 503. Violations and Penalties A violation of this Ordinance is Hereby declared to be an offense, punishable by a fine not exceeding t-ic, hundred and fifty dollars ($250) or imprisonment for a period. not to exceed six (6) months or both, such violation to be prosecuted and suci penalties collected in the manner ` prescribed by law or ord.i.nance effective in the Town. Each week's con- tinued violation shall constitute a separate additional violation. Nothing herein contained shall in any way limit or affect the penalties, both civil and criminal, ,)rovideci for in any ordinance enacted and in effect pursuant to Section 130, Subdivisions 15 and 23 of the Town Law. The owner or owners of any huildincr or prer..ises or part thereof where anything in violation of this Ordinance shall. be placed or shall exist, any lessee, architect, builder, contractor, agent, person or corporation employed in connection therewith, and who may have assisted in the commission of any such violation, shall each be guilty of a separate offense, and upon conviction thereof shall he fined or imprisoned as herein provided. 504. Additional Remedies In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained., or any building, structure or land is used in violation of this Ordinance, or any regulation made under authority conferred thereby, the Town Board or any Town officer desig- nated by said Town Board, or the Zoning Inspector, in addition to other remedies may institute any appropriate action or proceedings to prevent such unlawful erection, construction., reconstruction, alteration, con- version, maintenance, or use, to restrain, correct or abate such yd violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business or use in or about such premises. The Zoning Inspector shall serve notice per- sonally, or by registered mail addressed to the premises of such violation, or the person or corporation committing or permitting the same arid, if such violation does not cease within such time as the Zoning Inspector may specify, and a new Certificate of Occupancy is not obtained, he shall institute such of the foregoing actions as may be necessary to terminate the violation. Such notice may also be served by posting on they premises.. Section 510. Zoning Board of Appeals 511. Continuance The Board of Appeals heretofore established pursuant to Town Law is hereby continued with all powers and duties prescribed by law and by this Ordinance. 512. Meetings and Minutes All meetings of the Board of Appeals shall be open to the public. The presence of a majority of the members shall be necessary for a quorum. The Board of Appeals shall keep minutes of its proceedings showing the vote of each member on every question, or, if any member is absent or fails to vote, indicating that fact, and shall also keep records of its examination and other official actions. Every rule, determination, regulation, amendment or appeal thereof, and every order, requirement and decision of the Board shall immediately be filed in the Office of the Town Clerk and shall. after be a public record. 513. Public Hearings The Board of Appeals shall fix a reasonable time for the hearings of the appeal, variance, special permit use, or other matters referred and shall give public notice thereof in the official paper of notice of such hearing, at least five (5) days prior to the date thereof, and the Board shall, at least five (5) days before such hearing, mail notices thereof, or cause such notices to be mailed by the applicant, to owners of property within such areas as the Hoard may prescribe. The expense of publishing and mailing any notice required by this section shall be paid for by the applicant or appellant, as the case may be. 514. Powers and Duties The Board of Appeals shall have all the powers and duties prescribed by law, which powers and duties Are summarized and more particularly are specified as follows:. 514.1 Special Permit Uses The Board of Appeals is authorized to hear and decide applica- tions for special permit uses in accordance with the procedures and standards set: forth in Section 430 of this Ordinance. 95 414.2 Appeals and Variances Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Ordinance, the Board of Appeals shall have the power, in passing upon appeals, to vary or modify the application of any of the regulations or provisions of this Ordinance relating to the use, construction, or alteration of buildings or structures, or the use of the land, so that the spirit of this Ordinance shall be observed, public safety and welfare secured and substantial justice done. No variation or adjustment in the strict appli- cation of any provisions of this Ordinance shall be granted by the Board of Appeals unless it finds.- 514.21 inds. 514.21 That the hard -ship is due to unique circumstances and not to general conditions in the neighborhood. 514.22 That tie hardship shall not have resulted from any act of the applicant subsequent to the date of adoption of the provision or provisions appealed from whether in violation of such provision or not. 514.23 That for reasons fully set forth, in the findings of the Board, the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of such land or building, and that the variance granted is the minimus. variance necessary for such reasonable use. 514.24 That the granting of the variance will be in harmony with the intent of this Ordinance, will not be injurious to the neighborhood. or otherwise detrimental to the public welfare. 515. Procedure 515.1 Application Appeals shall he taken within such time as shall be prescribed by the Board of Appeals by general rule, by filing with the Board of Appeals a notice of appeal specifying the grounds thereof. Each appeal shall specify the provision of the ordinance involved, the rulina souc:lt from the Board, and the grounds upon which it is claimed that the same should be granted. Affidavits of publication ani! service of notice by mail, and such other data or information shall be submitted as the Board may deem necessary.. The officer from whom the appeal is taken shall forthwith deliver to the Board of Appeals all papers constituting the record on which the action appealed from is taken. 96 515.2 Hearing The Board of Appeals shall hold a public hearing in accordance with the procedures of Section 513 hereof. 515.3 Referral to Town Board and Planning Board The Board of Appeals shall, on the date of the required hearing, transmit a copy of the application, together with a copy of the notice of the public hearing to be held thereon, to the Town Board and the Planning Board. The Planning Board may submit to the Board of Appeals an advisory opinion on such application. y 515.4 Action by Board of Appeals The Board of Appeals may reverse or affirm wholly or partly, or may modify, the order, requirement, decision or determination appealed from, and shall make such order, requirement, decision or determination as, in its opinion, ought to be made and to that end shall have all the powers of the Zoning Inspector or any other administrative official from whom the appeal is taken. Every decision by the Board of Appeals shall be by resolution adopted at a public meeting of. said Board and shall set forth the circumstances of the case an& the findings on which the decision was based. - 515.5 Expiration A variance shall be deemed to authorize only the particular use or uses specified in the decision, and unless other provisions are set forth by the Zoning Board of Appeals in connection with their decision, shall expire if work is not initiated pursuant thereto within one (1) year, or if said use or uses shall cease for more than one (1) year. 516. Vote Required The concurring vote of a majority of the memiDers of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant any matter on which it is to required to pass under this Ordinance, to effect any variation in this Ordinance. 517. Notice of Decision The resolution of the Board of Appeals shall be recorded in the minutes of its proceedings. A copy thereof shall be filed with the Planning Board, the Zoning Inspector, the Building Inspector, and the Town Clerk, and one (1) copy shall be mailed to the applicant. All supporting documents shall be filed in the office of the Town Clerk. 97 518. Appeal to Supreme Court Any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals or any officer, department, board or bureau of the Town, may apply to the Supreme Court of the State of New York for relief by a proceeding under Article 78 of the Civil Practice Law, as stated in Section 267 of the ''own Law. Section 520. Building Permits 521. General Rule No building or structure shall be erected, constructed, enlarged, , structurally altered or moved until a permit therefore has been issued by the Building inspector. Except upon a written authorization of the Board of Appeals, no building per?:tit or certificate of occupancy shall .be issued for any building where said erection, construction, enlarge- ment, addition, alteratiorl, or moving thereof would be in violation of any of the provisions of this Ordinance, No building or permit shall be issued for a use listed. in Sections 421 or 422 as subject to special permit and/or site plan approval, except in conformity with the pro- cedures set fortis in the applicable sections of this Ordinance. 522. Application Requirements 522.1 All applications for building permits made to the Building ' Inspector shall. include two (2) copies of a layout or plot plan drawn to scale, sLowin, r the actual shape and dimensions of the lot to be built upon, the e",ract size and location on the lot of the building and accessory buildings existing and the lines within which the '_uilding or structure shall be erected or altered, the existing and intended use of each building or part of the building, all public service lines, septic lines, septic tanks and other sanitary facilities, the number of families or housekeeping units that the building is designed to accom•- moclate, and such other information with regard to the lot and neich'aori.nq lots that may be necessary to determine and provide for the enforcement of this Ordinance. All dimensions shown on said plan relating to the location and size of the lot to be built upon shall he based on an actual survey, and the lot shall be staked out on the ground before construction is started. 52.2.2 The Building Inspector may require a topographic survey showing at two (2) foot intervals the contours of the lot, or, in the case of large lots, of that area between the street and the pro- posed structure: and extending to each side and to the rear thereof as far as the Building Inspector may deem necessary for the enforcement of this Ordinance. ' 522.3 No building permit shall be issued unless the lot on which the proposed structure or use is located has frontage in accordance with Section 412 herein. 9Z? 522.4 All applications for building permits shall be accompanied by a fee in accordance with the current fee schedule, which shall be retained by the Town irrespective of the action taken on such application, and no application shall be deemed to have been received by the Building Inspector unless accompanied by the payment of such fee. 523. Procedure for Issuance Within a reasonable time after the time of filing of such application, or, in the case of applications requiring special permit approval or site plan approval as set forth in Sections 430 and 450 of this Ordinance, within the time period established therein, the Building Inspector shall act thereon, either approvingit or rejecting it, all in conformity with the provisions of this Ordinance. If approved, one copy of such approved site plan shall be returned to the applicant by the Building Inspector together with the applicant's copy of the approved permit, both of which shall be retained by the owner and posted on the property, or, upon demand, at any reasonable time, exhibited by the owner to the Building Inspector or his Deputy. 524. Records A record of all permits issued, and the duplicate copies of each such permit and site plan, shall be kept on file in the office of the Building Inspector and certified copies thereof shall be furnished upon payment of a fee in accordance with the current fee schedule for each copy. 525. Inspection The Building Inspector shall, at reasonable times, be permitted access to premises and buildings erected, or in the course of erection, for the purpose of determining whether or not the provisions of this Ordinance, or any approval made pursuant thereto, have been or are being complied with. 526. Completion of Structures for Which Permit Has Been Issued A building permit shall be void if construction is not.started within a period of twelve (12) months, or is not completed within a period of .two (2) years of the date of said permit. 526.1 Any building, extension or alteration for which a permit has been duly granted, the construction of which has been started + before the effective date of this Ordinance or any amendment thereto, and the ground story framework of which, including the second tier of beams, has been completed within one (1) year after the adoption of this Ordinance or an amendment thereto, may be completed in accordance with plans on file with the Building Inspector, provided that such construction is diligently prosecuted and the building is completed within two (2) years of the adoption of this Ordinance or an amendment thereto. If M] any of the requirements shall not have been fulfilled within the prescribed period, or if the building operations are discon- tinued for a period of six (6) months, any other construction shall be in conformity with the provisions of this Ordinance. Section 530. Certificate of Occupancy 531. General Rule It'shall be unlawful for an owner to use or permit the use of any build- ing or premises, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, in its use or structure, until a Certificate of Occupancy shall have been issued by the Building Inspector and the Zoning Administrator. Such certificates shall state that such building or premises, or part thereof, and the proposed use thereof are in complete conformity with the provisions of this Ordinance. It shall be the duty of the Building Inspector and Zoning Administrator to issue a Certificate of Occupancy provided that he is satisfied that building and the proposed use of the building or premises conform with all the requirements herein set forth. 532. Continued Conformity Required A certificate of occupancy shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which it applies, and shall continue in effect as long as such building and the use thereof, or of such land, is in full conformity with the provisions of this Ordinance and any requirements made pursuant thereto. On the serving_ of notice by the Zoning Administrator of any violation of any of the said provisions or requirements in respect to any structure or land, or the use thereof, the certificate shall thereupon become null and void and a new certificate shall be required for any further use of such structure or land. 533. Existing Structures The Building Inspector shall maintain a record of all certificates, and copies shall be furnished upon request, to any person having a proprietory interest in the building affected. Upon written request from the owner and on payment by him to the Town of a fee in accordance with the current fee schedule the Building Inspector shall issue a cer- tificate of occupancy for any building or premises existing at the time of enactment of this Ordinance, certifying, after inspection, the extent and kind of use or disposition of the building or premises and whether such use or disposition of the building or premises conforms with the ' provisions of this Ordinance. 1C0 ..0 ARTICLE VI. ANENDMEHTS Section 600. Amendments 601. General Provisions The Town Board may, from time to time, on its own motion, on petition, of any party, or on recommendation of the Planning Board or Zoning Board of Appeals, amend, supplement, or repeal the regulations and provisions of this Ordinance in the manner provided by Section 264 of the Town Law. 602. Planning Board Review Every such proposed amcn6rrent or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board for report thereon before the public hearing provided by the Town Law. In recommenr'xing the adoption of any such l:roposeL'l amendment, the Planning Board shall state its reasons for such recommendation, describ- ing any condition that it believes makes the amendment advisable, and specifically setting forth the manner in which, in its opinion, the amendment would be in harmony with the comprehensive plan of land use for the Town, and would be in furtherance of the purposes set forth in Section 100 of this Ordinance. In recorunending the rejection or revision of any proposed amendment, the Planning Board shall similarly state its reasons. No amendment of this Ordinance, of whatever nature that has not been approved by the Planning Board, shall be adopted, except by at least a two-thirds (2/3) vote of the Town Board, where re- jected by a two-thirds (2/3) vote of the Planning Board, provided that failure on the part of the Planning Board to report to the Town Board its recommendations on any proposed amendment initiated by petition or by resolution of the Town Board within forty-five (45) days after initi- ation of proceedings therefor shall be deemed to be approved thereof, unless such proceedings have theretofore been terminated. 603. Dutchess County Planning Department Review At least thirty (30) days prior to the public hearing at which such amend- ment is to be considered, the Town Board, in accordance with the pro- visions of Article 12-B Sections 23"-1 and 23:'-r: of the General Municipal Laws as amen0e(,, shall refer to t,�e Dutchess County Planning Department all proposals affectinq real property abutting. 603.1 The boundary of any State or County park, 603.2 The right-of-way of any State road, parl-way or expressway; 603.3 The right-of-way of any strearl or drainage channel owned by the County or for which the County has established channel lines; and 603.4 The boundary of any County or State owned land on which a public building or institution is located: 101 604. Additional Notification In any case where sai,= amendment affects any real property.lying within five hundred (500) feet of the boundary of any municipality, the Clerk of said municipality shall be notified thereof at least ten'(10) days prior to the public .hearing at which such matter is to be considered. 605. Proposed'Amendments Whenever the Town Board, by resolution, aut'l.orizes a public hearing on a proposed amendment to this Ordinance, for a period of sixty (60) _. days following the date of such resolution, no building or structure shall be erected, enlarged or altered, and no permit shall be issued for the erection, enlargement or alteration of any building or structure ` or for the occupancy of any lana or building in any manner that would be contrary to the provisions of the proposed amendment. 102 Ar'.'��ICL:�• VII. 41SCTL12k`1,`;0US Section 700. Separability Clause If any section, sub -section, sentence, clause, phrase, or other part of this Ordinance is, for any reason, held by any court of jurisdiction to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The Town Board hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, phrase, and other parts thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or other parts be declared invalid. k 710. Short Title " This Ordinance shall be known as and may be cited as the "Town of Wappinger Zoning Ordinance.'' 720. Effective Date This Ordinance, together with the Zoning Map and Schedules of Regulations incorporated herein and made a part of this Ordinance, shall take effect ten (10) days after its publication_ and posting as required by Section 265 of the Town Law. The Ordinance entitled, "Town of Wappinger Zoning Ordinance', effective January 29, 1963, including all amendments to said Ordinance, are hereby repealed as of the effective date of this Ordinance. 103