1996-09-06
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FREDERICK P. CLARK ASSOCIATES, INC.
PI an n i n 9 / Deve lopment/ E nvi ran me nt/Transportation
Rye, New York and Southport, Connecticut
Oavid J. Portman, AICP
Howard I. Reynolds, PE
Oavid H. Stolman, A/CP
350 Theodore Fremd Avenue
Rye, New York 10580
(914) 967-6540
Michael A. Galante
Joanne P. Meder, A/CP
MEMORANDUM
To:
Supervisor Constance O. Smith and the
Wappinger Town Board
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Date:
September 6, 1996
Subject:
Comprehensive Zonin~ Law Revisions: Revised Submittal #4 of 4
As requested, we have prepared the attached revised recommended amendments as part of
a continuing comprehensive update of the Town's Zoning Law. The enclosed draft includes
revisions to the May 24,1996 submittal which resulted from the July 17 and August 7, 1996
workshops. Significant and extensive revisions have been made to the Zoning Law through
this comprehensive review process to update and modernize the entire Zoning Law in
accordance with currently accepted planning standards and procedures, recent enabling
legislation, and new case law. The revisions will also correct the many inconsistencies and
internal conflicts which have developed over the years as a result of many independent and
uncoordinated zoning amendments. Although we are performing this comprehensive review
and revision, the Town's Comprehensive Plan and Zoning Law should be viewed as living
rather than static documents. As such, their continued review and periodic update are
essential to proper planning and land use regulation.
There have been three previous submittals covering major portions of the Zoning Law
including: definitions, schedules of use regulations, special permit standards and procedures,
and the updating of the Comprehensive Plan and the corresponding rezoning of four COP
District areas, among many other revisions, corrections and improvements.
This fourth submittal is intended to address the remaining portions of the Zoning Law and
complete the comprehensive review and revision process. It includes substantive revisions
to the following major sections:
1. The proposed rezoning of the Old Route 9, Old State Road and Middlebush Road
area to permit and encourage a greater and more appropriate variety of uses,
development density and improved development pattern;
2. Site development plan requirements, standards and procedures;
3. Dimensional standards for residential and non-residential districts;
4. Parking and loading requirements and standards;
Connecticut. (203) 255-3100
FAX. (914) 967-6615
Long Island · (516) 364-4544
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FREDERICK P. CLARK ASSOCIATES, INC.
PI an ni ng / Development/ Envi ronment/Tran sportation
5. Zoning Board of Appeals criteria and procedures;
6. Enforcement, building permits and certificates of occupancy procedures,
responsibilities and requirements;
7. Standards and procedures for non-conforming uses and structures; and
8. Sign regulations.
This fourth submittal also includes many other general revisions throughout the text such
as the consistent use of terms and definitions, clarification of intent, corrected and improved
referencing and the elimination of awkward, redundant and unnecessary wording.
Because of the scope and number of proposed revisions, we have prepared the attached
summary of the revisions to assist your review of the actual zoning text.
Recommended Procedure
This revised submittal should be referred to the Planning Board and the Zoning Board of
Appeals for review and recommendations. Once satisfied with the revised draft revisions,
the Town Board would refer the submittal to the Dutchess County Planning Board, hold a
public hearing, comply with the requirements of the Town and State Environmental Quality
Review laws, and consider taking action on the proposed amendments.
We look forward to discussing the attached zoning revisions with you.
Daniel K. Wery, AlCP
David H. Stolman, AlCP
Attachments (Summary of revisions, revised zoning text, maps and figures)
cc: William Parsons, Chairman, and the Town of
Wappinger Planning Board
Zoning Board of Appeals
Albert P. Roberts, Esq., Town Attorney
Joseph E. Paggi, Jr., PE, Town Engineer
Donald A Close, Zoning Administrator
Elaine Snowden, Town Clerk
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SUMMARY OF ZONING REVISIONS
TOWN OF WAPPINGER
COMPREHENSIVE ZONING REVISIONS
SUBMITIAL #4 of 4
9/6/96
The following is a general summary and description of the proposed revisions to the Zoning
Law. The changes are listed in the order that they occur in the attached amended zoning
law text and schedules:
1. Proposed Rezonin&S
A. Old Route 9, Old State Road and Middlebush Road Rezoning to HB
As requested, we have reviewed the Comprehensive Plan and the existing zoning and
land use in and around the subject area. Based on the existing and surrounding land
uses, physical improvements and the relation of the area to New York State Route
9, it is recommended that the properties on both sides of Old Route 9 in the vicinity
of Middlebush Road be rezoned from HO Highway Office to HB Highway Business.
It is also recommended that the four lots at the four comers of the intersection of
New York State Route 9 and Middlebush/Myers Comers Road be rezoned from HO
and SC Shopping Center to HB.
The proposed rezoning area contains 26 lots on which there are approximately 9
residences, 5 offices, 2 vacant retail buildings, 1 industrial building, 1 auto repair use,
1 existing retail building and 1 cemetery. The balance of the properties are currently
vacant.
Rezoning the 26 lots from HO and SC Shopping Center to HB would achieve the
following:
. The rezonings would permit a greater number and variety of permitted uses
for the subject properties;
. The. existing Mobil gas station would become a conforming use and a more
conforming lot;
. The rezonings would extend and connect the HB Districts on Route 9 to the
north and south; .
. The rezonings would permit uses which are consis~ent with the
recommendations of the Comprehensive Plan;
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. The rezoning from HO to HB would make certain residential uses permitted
in the area consistent with the recommendations of the Comprehensive Plan.
B. Route 9 Rezoning Area - Highway Office to Highway Business
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As requested, we have reviewed the Comprehensive Plan and the existing zoning and
land use in and around the subject area. Based on the existing and surrounding land
uses, physical improvements and the relation of the area to New York State Route
9, it is recommended that the existing HB District on the east side of Route 9 be
extended north to the utility lines thereby rezoning one vacant 2-acre parcel from
HO to HB.
Rezoning the lot from HO to HB would achieve the following:
· The rezoning would permit a greater number and variety of permitted uses
for the subject property;
· The rezonings would extend HB District on the east side of Route 9 to a
more logical physical boundary;
· The rezoning would be consistent with the recommendations of the
Comprehensive Plan.
3.
Article 2 - Definitions
· Home Occupation definition revised to clarify the maximum number of
employees. (Page 11)
4.
Article 3 - Establishment of Districts
· Made minor wording corrections and clarifications. (Pages 20, 21)
5.
Article 4. Section 400 - Re~lations
· Major revisions included amendments to provisions regarding nonconforming
uses and structures. Revised to clarify intent, correct references, allow
improvement of nonconforming uses and buildings in certain situations.
Codified the Town's policy regarding the reconstruction of damaged
nonconforming structures in accordance with the zoning requirements.
Increased the maximum period to resume a non-conforming use in a damaged
building. (Pages 23-29)
6.
Article 4. Section 410 - General Re~lations
· Open Space Subdivisions - Permitted standard height buildings (2 1/2 stories,
35 feet), removed minimum separation requirements to allow greater
flexibility and design of such developments. Permitted multi-family dwellings.
(Pages 38, 40, 43)
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. Architectural Advisory Board - Revised to reflect the Planning Board's role
as the Architectural Advisory Board. (Page 40)
. Satellite Dish Antennae - Revised tO'permit in all districts, limit number per
lot and building, and allow dishes which are less than 3 feet in diameter
without a building permit. (Pages 48, 49)
. Signs - Authorized the Planning Board to vary standards for a good cause,
permitted signs for special permit uses in residential districts, allowed two
signs for comer buildings on comer lots, allowed greater sign area for smaller
buildings, single building identification signs required for single use buildings,
coordinated signs required for sites with multiple signs. (Pages 49-53)
. Floodplain Development - Permitted by site plan approval by Planning Board
instead of special use permit approval by Zoning Board of Appeals. (Pages
55-56)
7.
Section 420.1. Schedule of Use Retpllations - Residential Districts
. Family Day Care Homes - Changed from special permit to permitted principal
use in the one-family districts, added as permitted principal use to the Two-
Family and Multi-Family Districts pursuant to current case law and New York
State Social Services Law. (Page 67)
. Outdoor storage of more than one vehicle - clarified that applies to both
registered and unregistered vehicles. (Page 69)
. Antennae - Added as permitted accessory use in the Two-Family and Multi-
Family Districts. (Pages 69-70)
8.
Section 420.2. Schedule of Use Re~lations - Nonresidential Districts
. Warehousing - Added to the HM District as a special permit use. (Page 74)
. Outdoor storage of more than one vehicle - clarified that applies to both
registered and unregistered vehicles and that the use is an accessory use which
is subject to special permit approval by the Planning Board. (Page 74)
9.
Section 420.3. Schedule of Dimensional Retpllations - Residential Districts (Pa~e 78)
. Added minimum lot frontage requirements to all districts (50').
. Increased front yard setbacks for R-IO District (25' minimum), and R-2F
District (35' minimum).
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12.
13.
· Accessory building side and rear yard setbacks amended to apply to buildings
less than 15 feet high.mW less than 200 square feet in area.
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· Changed "Building Coverage" to Lot Coverage and adjusted requirements for
the multi-family districts.
· Added maximum Floor Area Ratio (FAR) requirements to the One-Family
Districts.
· Added missing lot depth requirements.
10.
Section 420.4. Schedule of Dimensional Reilllations - Nonresidential Districts (Paie
12)
· Reduced the COP minimum lot area requirement from 10 to 5 acres.
· Increased the front yard setback requirements for the MU District (to 25'
minimum) and for the COP District (100' minimum).
· Increased the front yard setback requirement for the CC District (50'
minimum) and the PI District (100' minimum).
· Corrected HD District front yard setback requirement.
· Added maximum impervious surface and minimum open space requirements
to the PI District (75% and 25%, respectively).
11.
Section 420. District Reilllations
· Deleted redundant wording, improved and corrected references. (Page 80)
· Planned Unit Development (PUO) - Made the Planning Board, instead of the
Zoning Administrator, the approving agency for PUD site plans, increased the
expiration period for PUD site plan approvals. (Pages 91-92)
Article IV. Section 430 - Special Permit Uses
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· Added identification of ownership interests to application requirements. (page
94)
Article IV. Section 440 - Special Standards
· Accessory Apartments - Added 20,000 square foot lot area requirement and
public hearing posting requirements. Allowed Planning Board to reduce
minimum age of structure to three years, less if on double sized lot. (Pages
118, 120, 123)
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14.
. Professional Office in Residence - Clarified that the maximum number of
employees excludes the owner. (page 124)
Article IV. Section 450 - Site Plan Ap,proval
. Conformity with site plan revised to specifically include conditions of
approving resolution - implements change of use procedure and affects
threshold for amended site plan approval. (Page 143)
. Required identification of ownership interests in adjacent properties and
businesses as part of application requirements. (Page 144)
. Revised referral procedures to reflect current practice. (Page 145)
. Revised and updated Site Plan Review standards to be more specific and
provide more direction for the Planning Board. (Pages 146-148)
. Public Hearing - Incorporated New York State enabling legislation time
constraints and requirements. (Page 148)
. Waiver and modification of requirements - Gave the Planning Board greater
flexibility regarding requirements for public hearings, planned requirements
and application, approval/expiration time periods. (Pages 148-149)
. Planning Board decision - Incorporate New York State enabling legislation
time requirements. (Page 149)
. Expiration of Approval - Clarified procedure,' added more specific time
periods and standards, added condition that site plan approval expires if
subject premises is vacant for more than three years, autho~ed Planning
Board to extend approval periods. (Pages 149-150)
. As-built Drawings - Required, Planning Board can waive. (Page 150)
15.
Article IV. Section 470 - Parkini and Loadini
. No building permit to be issued unless parking and loading are in accordance
with an approved site plan. (Page 152)"
. Planning Board authorized to modify dimensional and landscaping
requirements where site plan revisions require less than 25% increase in the
number of parking spaces. (Page 152)
. Size of Parking Spaces - Other sizes specified for angled, handicapped, and
employee parking. Dimensional tables and illustrative figures provided.
(Pages 153-154)
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· Landscaping - Planning Board can waive or modify 10% internal requirement
required where there are fewer than 50 parking spaces, 1 tree required for
every 6 parking spaces instead of 1 for every 10, specific standards for
dimensions and locations of landscaping, periphery landscaping required.
(pages 155-157)
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· Number of Spaces - Planning Board authorized to increase or decrease
requirement for uses for which a specific standard does not exist, revised
parking requirements for mobile homes, retail and services uses on second
floors, offices and funeral homes. (Pages 158-160)
16.
Article V. Section 500 - Enforcement
· Clarified procedure and responsibilities of administrative officials. (Pages 171-
172)
17.
Article V. Section 510 - Appeals
· Incorporated New York State enabling legislation procedures, time
constraints, variance criteria and SEQR compliance requirements. (Pages 173-
179)
18.
Article V. Section 520 - Building Permits
· Clarified building permit content and administrative official responsibilities.
(Page 180-182)
· Enabled Building Inspector to require escrow accounts for professional review
fee reimbursement. (Page 182)
19.
Article V. Section 530 - Certificate of Occu'pan~
· Conformity with conditions of plans and conditions of approvals required for
certificate of occupancy and change of use, implemented the change of use
procedures. (Page 183)
· Enabled Building Inspector to require escrow accounts for professional review
fee reimbursement. (Page 184)
Article V. Section 540 - Fees
· Enabled Building Inspector to require escrow accounts for professional review
fee reimbursement. (Pages 185-286)
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21. Article V. Section 550 - SEOR Compliance
. Added new section stating that Town Board, Planning Board and the Zoning
Board of Appeals must comply with SEQR. (Page 187)
22. Article VI - Amendments
. Replaced super majority (two-thirds) vote by Town Board to override
Planning Board recommendation for disapproval of proposed zoning
amendments with an explanation by Town Board resolution. (pages 188-189)
. County referral requirements per Section 239 of General Municipal Law
updated per current State Law. (page 189)
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The properties in the following table and figure would be rezoned as shown therein:
OlD 9 Approximate
REZONE Tax Map Size Current New
AREA Designation( s) (Acres) Zoning Zoning
SUB AREA 6158-04-566044 0.7 Highway Highway
1 6158-04-563031 1.0 Office (HO) Business (HB)
6158-04-560019 1.0
6158-04-557004 1.1
6157-02-551982 1.0
6157-02-550967 0.7
- '. ,6157-02-549955 0.5
6157-02-552940 0.9
6157-02-599926 0.5
6157-02-578955 2.7 of 9.7
6157-02-524976 1.2
6157-01-495954 0.2 of 3.1
6157-02-527944 0.8
6157-01-488928 0.3 of 4.5
6157-02-530927 0.6
6157-02-532917 0.7
6157-02-543900 1.4
6157-02-539850 6.3
6157-02-562852 0.6
6157-02-565842 0.5
6157-02-580887 0.9
6157-02-586855 1.1
SUB AREA 6157-02-609919 1.0 HO HB
2 6157-02-608885 2.1
6157-02-650897 1.0
SUB AREA 6157-02-648928 1.0 Shopping HB
3 Center (SC)
ROUTE 9 6157-04-648194 2.0 HO HB
REZONE
AREA
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Village of
Wappingers Falls
" RR
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HB - HIGHWAY BUSINESS
HD - HIGHWAY DESIGN
HM - HAMLET MIXED USE
HO - HIGHWAY OFFICE
R-40 - 1 FAMILY RESIDENCE
R-40/20 - 1 FAMILY RESIDENCE
R-20 - 1 FAMILY RESIDENCE
RMF-5 - MULTI-FAMILY RESIDENCE
RMF-3 - MULTI-FAMILY RESIDENCE
SC - SHOPPING CENTER
PI - PLANNED INDUSTRIAL
:t..l~:;Jf. PROPOSED REZONING AREA
~::::::::::;:;:'~.:::
PROPOSED ZONING REVISIONS
Town of Wappinger, New York
OLD 9, OLD STATE & L\
MIDDLEBUSH ROADS
REZONE AREA
FREDERICK P. CLARK ASSOCIATES, INC. SEPTEMBER
P I a nnin s/Deve I opm e n t IEnvironment I Tra n s po rt at ion 1998
Scale: 1" = 800' approx.
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HB - HIGHWAY BUSINESS
HD - HIGHWAY DESIGN
HM - HAMLET MIXED USE
HO - HIGHWAY OFFICE
R-40 - 1 FAMILY RESIDENCE
R-40/20 - 1 FAMILY RESIDENCE
R-20 - 1 FAMILY RESIDENCE
RMF-5 - MULTI-FAMILY RESIDENCE
RMF-3 - MULTI-FAMILY RESIDENCE
SC - SHOPPING CENTER
PI - PLANNED INDUSTRIAL
IWtJ~l.l PROPOSED REZONING AREA
':::~:::::::::~:::.:.:
PROPOSED ZONING REVISIONS
Town of Wappinger, New York
ROUTE 9
REZONE AREA
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FREDERICK P. CLARK ASSOCIATES, INC. SEPTEMBER
Planning/Development/Envlronment/Trans port alion 1996
Scale: 1" = 800' approx.
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TOWN OF WAPPINGER
COMPREHENSIVE ZONING REVISIONS
SUBMI'ITAL #4 OF 4
The following pages contain the proposed revisions to the text of the Zoning Law. Only the
pages of the Zoning Law which contain proposed revisions have been reproduced in this
document. Recommended changes are identified as follows:
J~!~~ &Bd strikeout idemHy ".verdmg to be deleted.] ..__*-Jli.."
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TOWN OF WAPPINGER ZONING LAW
ARTICLE II - DEFINITIONS
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Health, Exercise or Fitness Club: Membership facilities designed and used for body
conditioning and rehabilitation, including activities such as weight training, racquet sports,
and aerobic and related class exercises. "Health, exercise or fitness clubs" may contain
equipment such as whirlpools, saunas, steam rooms, showers, locker facilities and the
incidental retail sale of sundries, snacks and other refreshments.
Home Occupation: The performance of a service (and not the sale of goods) for gain, which
is conducted entirely within a "dwelling unit", or an "accessory building" meeting all
applicable setback requirements, by the residents or owners thereof, which "use" is clearly
incidental and secondary to the "use" of the "dwelling unit" for residential purposes and does
not change the character thereof, which does not have any exterior evidence of such
"accessory use" other than a permitted name plate, and which does not involve the keeping
of stock in trade. A "home occupation" shall be limited to one (1) employe~i[~ii.mDg\[I,
iiliii;. and shall not include the conduct of a "clinic", "hospital", tea room, ''boarding house",
animal hospital, "commercial kennel", "convalescent home", funeral home or store of any
kind.
Hospital: A "building" providing primarily in-patient services for the diagnosis and
treatment of human ailments, including a sanatorium or "medical clinic".
Hotel: A "building", or portion thereof, containing rooms without individual kitchen
facilities, occupied by transient guests who are lodged with or without meals, which rooms
have primary access from public halls, and which such ''building'', or portion thereof, may
contain 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 "use".
House Trailer: Same as "Mobile Home".
Junk Yard: An area of land, with or without ''buildings'', used for the outdoor storage 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 of two (2) or more wrecked or broken vehicles, or the major parts of two
(2) or more such vehicles, on a "lot" for a period exceeding six (6) months shall be deemed
to make the "lot" a "junk yard". (See definition of "Dump" for comparison.)
Kennel, Commercial: An establishment for the treatment, care, boarding or breeding of
dogs or cats for remuneration.
Kennel, Private: "Structures", runs, storage areas or other customary appurtenant and
accessory ''buildings'', "structures" or facilities used for the keeping of three (3) or more dogs
or three (3) or more cats over five (5) months of age for non-commercial purposes.
Loading Space: An off-"street" area or berth for the loading or unloading of commercial
vehicles.
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Revised 9/6/96
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TOWN OF WAPPINGER ZONING LAW
ARTICLE III - ESTABUSHMENT OF DISTRIcrs
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environmentally sensitive as the R-80, and in western Wappinger tend
to be surrounded by existing higher densities.
R-40 These zones cover either existing developed areas outside the
proposed regional sewer system service area, areas within the
proposed regional sewer system service area, or small undeveloped
tracts in transitional areas adjacent to higher density developments
(such as Chelsea). H within the proposed sewer service area, these
sites should only be developed if tie-ins to the regional system are
provided.
R-20/40 Areas within the sewer service area that have either already been
developed at this density or, because of their proximity to Route 9,
the Village of Wappingers Falls, or other higher density areas, are
appropriate sites for R-20 densities as long as they connect to the
regional sewer system.
R-20 Areas that have already been fully developed at this overall density.
R-15 Existing R-l5 areas that have been developed at this overall density.
R-lO Existing R-lO areas that have been developed at this overall density.
305.2 Intent of Mapping Various Non-Residential Districts
CC - Conservation Commercial
Intent: To permit commercial "use" of strategically located sites that have
sensitive environmental features ("wetlands", "floodplains", steep slopes along
stream corridors) at densities and under performance standards that will preserve
those resources. -fNeJ Filling or "building" construction -fsBalij :iDfilill:lRl be
permitted in "wetlands" areas, lOO-year "flood plains", or stream corridors and
ravines in this zone.
COP - Conservation Office Park
Intent: To permit office/research "use" of strategically located sites that have
sensitive environmental features (''wetlands'', "floodplains", steep slopes along
stream corridors) at densities and under performance standards that will preserve
those resources. To encourage development of such areas in campus-style
facilities, with access to major highway routes. To provide for more diverse
employm~~t ~Ep..<?rtunities in the Town. ~ Filling or "building" construction
[shaR] ...1 be permitted in "wetlands" areas, loo-year "floodplains", or
stream corridors and ravines in this zone.
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Revised 9/6/96
ARTICLE III - ESrABUSHMENT OF DISI'Rlcrs I
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TOWN OF WAPPINGER ZONING lAW
HM - Hamlet Mixed Business
Intent: To preserve the historical character, concentrated development pattern,
and mixture of "uses" in existing commercial hamlets particularly Hughsonville &
Swartoutville, by encouraging restoration, re-use, and visual improvement of
existing "structures".
MU - Mixed "Use" District
Intent: To encourage the limited development of mixed "use" nodes of
commercial and residential development in a "village green" type setting, in order
to increase the availability of moderate priced rental housing, allow a limited
increase in neighborhood commercial services and reduce traffic congestion on
major roads.
HD - Highway Design District
Intent: to encourage landowners and developers to help improve the function of
the Route 9 corridor by allowing an increased density for "lots" over 5 acres,
provided that access points to Route 9 are minimized. The "uses" are similar to
those allowed in the HO - Highway Office District, designed to discourage
automotive "uses" and strip retail development, and encourage development of
office "uses" that can help diversiftiy the town's economic base.
Section 310 - Zoning Map
Said districts are bounded and defined as shown on the map titled, "Zoning Map of the
Town of Wappinger, New York," prepared by Raymond H. Arnold, Planning Consultant,
dated July 31, 1990, and as amended from time to time, which map, with all the explanatory
matter thereon, is hereby made a part of this Ordinance.
Section 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:
320.1
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 show on the
zoning map.
320.2
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 scale appearing thereon.
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Revised 9/6/96
TOWN OF WAPPINGER ZONING LAW
ARTICLE IV . REGULATIONS
SEcnON 410 - GENERAL REGULATIONS
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Section 410 . General Regulations
The following regulations shall apply in all zoning districts:
410.1 Building "Lots"
410.1.1 "Lot" for Every "Building".
Every "building" hereafter erected shall be located on a "lot" as defined herein.
410.1.2 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 {OrdiTumee] \..:i:"
with respect to the existing "building" and all "yards" and other required spaces in
connection therewith.
410.1.3 Irregularly Shaped "Lots".
Where a question exists as to the proper application of any of the requirements
of this {Ordtfttmee] :..illl 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 requirements of the {OrdHHmee] _illl shall be applied.
410.1.4 Eli.1) {"Lots" Maae NeB CaBfarmiBg By BeiBg Oversized.
"'\ "lat" '.vftieh eaes Bot emHerm ta aBe ar Hiare of the mffiim.l:lm dimeasi()Bftl
reql:lffemeffis of this OrdffiaBee eat '.vatHa eoBfurm if it vlere redueed iB size, shall
be aeemea ta be a eemonn..iBg ''lat" ';JitlHB the meaBtBg af this Ordinanee.]
410.1.5 "Lots" Under Water or Subject to "Flooding".
All ''lots'' under water or subject to "flooding" shall be subject to the requirements
for "Flood-Prone Area" as required in fi 410.16 of this iOraiB9:Bee] ..:::11..
In addition, no more than ten (10) percent of the minimum area requirement of
a "lot" may be fulfilled by land which is under water or subject to periodic
"flooding". All minimum "front, side, and rear yard" requirements must be
satisfied by measurement on dry land.
410.1.6 "Lots" Bordering Major Streams.
All "lots" bordering major streams shall be subject to the requirements for "Flood-
Prone Areas" as required in fi 410.16 ofthis{OraiB&fteel.I~IBI. No Building
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SECI10N 410 - GENERAL REGULATIONS
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 ~ 400.5.5 of this [Orameee] :1I.:~III.
410.1.7 Existing Undersized "Lots".
A'10t", 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: (See also ~ 420.5.1).
410.1.7.1 The "lot" met the zoning requirements at the time the most recent
fi.!ii~'1_ilii.i~rded :1~~ili]Il.~liiiiili:lliiDll.iI
410.1.7.2 All applicable district regulations other than the minimum "lot area"
and "lot width" and "lot depth" are complied with.
410.1.7.3 The "lot" was separated in ownership from any adjoining tracts of
land on the effective date of this -[Orditumee] :_~ji::.I. H 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".
410.1.8 "Lots" Made Non-Conforming by Future Amendment.
410.1.8.1 When and where the required area or dimensions of "lots" may be
changed by future amendment of this -[OrdHumee] i.mIIIII, any
legal "lot" existing at that date and made non-conforming by such
amendment, may be built upon subject to the limitations contained
in ~ 410.1.7 herein.
410.1.8.2 Exemptions for certain parcels (1990 Amendments): In consideration
of the efforts and expenditures made in furtherance of applications
to the Planning Board for site plan approval or subdivision approval
submitted prior to August 27, 1990, together with consideration for
the concerted actions of the Town Board to revise the present
Zoning Ordinance to conform with the Comprehensive Plan adopted
on August 8, 1988, and in further consideration of the pending
construction of public sewers to serve various sections of the Town,
which construction was considered by the Planning Board in granting
a number of preliminary subdivision approvals, parcels for which
applications for site plan approval or subdivision approval pending
before the Planning Board of the Town Wappinger shall be exempt
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SEcnoN 410 - GENERAL REGULATIONS
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from the amendments adopted by Local Law No.5 of 1990, as
follows:
410.1.8.2.1. Parcels for which an application for site plan approval
is pending shall be exempt on the following conditions:
The application with all required submission documents
has been filed with the Zoning Administrator on or
before August 27, 1990, and either:
(a) The Planning Board has adopted a
Motion/Resolution granting final site plan
approval prior to January 1, 1991; or
(b) The Planning Board has adopted a
Motion/Resolution issuing a Negative Declaration
of Significance prior to January 1, 1991; or
(c) The applicant has submitted a Draft
Environmental Impact Statement (DEIS) and the
Planning Board has adopted a Motion/Resolution
accepting the DEIS as complete prior to January
1, 1991.
410.1.8.2.2 Parcels for which an application for subdivision
approval is pending shall be exempt on the following
conditions:
The application with all required submission documents
has been filed with the Zoning Administrator on or
before August 27, 1990, and either:
(a) The Planning Board has adopted a
Motion/Resolution granting preliminary
subdivision approval prior to January 1, 1991; or
(b) The Planning Board has adopted a
Motion/Resolution ranting {fJrelimiflary
em .. ] "Of:::: .,. v.<~: .:::.:.~~.::. of Significance
Stl ViS16B J ~l'II.:.;.,x . ..
prior to January 1, 1991; or
(c) The applicant has submitted a Draft
Environmental Impact Statement (DEIS) and the
Planning Board has adopted a Motion/Resolution
accepting the DEIS as complete prior to January
1, 1991.
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SECTION 410 - GENERAL REGULATIONS
For the purposes of this Section (410.1.8.2) only, and to the extent
that this Section is inconsistent with Town Law ~ 265-a, ~ 274-a, f
276, ~ 277 or any other provision of Article 16 of the Town Law, the
provisions of this Local Law are expressly intended to and do hereby
supersede any such inconsistent provisions.
410.2 Modification of "IAlt" Requirements
For the purposes set forth earlier in this [OrBiiulftee] _~1!. 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:
410.2.1 Average Density Subdivisions.
Simultaneously with the approval of a subdivision plat and pursuant to ~ 278 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 that 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
'1ot" 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 [siRgle] 'f,tiilffamily" 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 determination
by the Planning Board shall be a conventional subdivision sketch layout for the
subject property.
410.2.2 Conservation Subdivisions.
Pursuant to ~ 278 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:
410.2.2.1
Such modifications result in design and development which promotes
the most appropriate "use" of the land, facilities the adequate and
economical provision of "streets" and utilities and preserves the
natural and scenic qualities of open lands.
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TOWN OP WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SEcnON 410 . GENERAL REGULATIONS
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410.2.2.2 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 {OrtftB&Bee] ._,
the Land Subdivision 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.
410.2.2.3 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.
410.2.2.4 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".
410.2.2.5 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
ownership, "use", and maintenance of such lands as deemed necessary
by the Planning Board and such conditions shall be approved by the
Town board.
410.2.2.6 In addition to compliance with any special standards, requirements
and procedures as set forth in ~ 410.2.2, conservation developments
shall also be subject to review and public hearing by the Planning
board in accordance with the same procedures as would otherwise be
applicable to conventional subdivision plats. Upon the filing of the
plat in Office of the County Clerk, a copy shall be required to be
filed with the Town Clerk, who shall make the appropriate notations
and references thereto on the official copy of the Town Zoning Map.
410.2.3 Mandatory Open Space Subdivision.
410.2.3.1 Purpose. It is intent of the Town of Wappinger to maintain open
space whenever possible in order to preserve the aesthetic quality
and rural nature of the town.
The p~ose of the Open Space provision of this -[oniiBaBee]
!III::. is to permit the grouping of 'lsiflgle f~y] dwellings"
-[on suitable sails] within the various ~i.fI!IyljI:Residential
DistrictsI, an "lats" af a redtleed size, &Be ta distrillute the apen
spaee made available 9y this redtletion, ta aellie..:e a desiga of SHell
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TOWN OF WAPPINGER ZONING LAW
SEcnON 410 - GENERAL REGULATIONS I
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ARTICLE IV - REGUlATIONS
S1:lotlivisioB] to accommodate residential development in a manner
which will minimize the impact of development on open space fiB
geaeral, iBeltiEling] .<<l~other important components of the
environment -[rele".'ftBt t6 the affeeteElarea].
The Planning Board, upon review of a residential subdivision
proposal, may request authorization from the Town Board
pursuant to ~ 278 of Town Law, requiring the applicant to provide
an open space subdivision in compliance with this [erEliBeBee]
'l~~@"~f and other duly adopted standards, to accomplish the
~......iIR....-.;.
intent and purpose stated herein.
The applicant will only be required to provide an open space
subdivision when one or more of the following objectives, in the
opinion of the Planning Board, is better accomplished by an open
space subdivision, as compared to a subdivision designed by
conventional grid pattern.
The Open Space Development provisions of this-[ ordinance ]!JJRI
........:-:::....}. ...................
lilt do not result in there being any more -["siflgle famH)'
'dWellings"] :!giml::i!II!~ than would have been allowed under a
conventional subdivision.
410.2.3.1.1
410.2.3.1.2
410.2.3.1.3
410.2.3.1.4
410.2.3.1.5
Protection of Water. Protection of the ground or
surface water, ''wetlands'', "floodplains", or unique areas
of natural or historic significance.
Soils. Prevent development on soils which would
present a special hazard from erosion, slippage, settling,
or other characteristics unsuitable for the proposed
"use".
SEQRA. Mitigation of impacts identified through
application of either the State Environmental Quality
Review Act or Town of Wappinger local law #2, 1977.
Open Space. Preservation of open space to provide a
visual screen or separation between "structures" and
places commonly occupied by the public.
Roadways. Minimize the number of new roads or
driveways obtaining access from existing roads, and the
amount or new road to be dedicated to the town.
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SEcnoN 410 - GENERAL REGULATIONS
410.2.3.1.6 Master Plan. Accomplish specific goals indicated in the
Town of Wappinger Master Plan regarding those
dealing with residential development.
Application for Open Space Development. The Town Board may, by
resolution, authorize the Planning Board to require an Open Space
development on the particular site or tract of land.
410.2.3.2
410.2.3.2.1 Procedure.
_.::.:..::....~...~~:.::::
Il:....."<:x~...:.:-:-:-. ....:.:.;...<.>>:...:...
1t':WY"M~:~~~''1:!i
dJ1!_.lf:~*;t
:fi1lfli~liS,~:i:~~f::it~
d~_ti
Where the Planning Board deems it in
the interest of the Town, the Planning
Board shall request the Town Board to
authorize it to mandate an Open Space
development. Such request shall specify
the element or elements (from ~
410.2.3.1 above), if any, which justify
preservation, and shall specifically
describe the means by which an Open
Space development would further the
purposes set forth above.
At the same time that the Planning
Board's request is sent to the Town
Board, a copy shall be sent by regular
mail to the owner of the land for which
the application is being made, at the
owner's last known address. Such owner
shall have the right to submit any
relevant information to the Town Board.
The Town Board shall review the
information submitted by the Planning
Board and the property owner. At the
owne4s request, the Town Board shall
meet with the owner to discuss the
desirability of mandating an Open Space
development. At any such meeting the
Planning Board or its designated
representative(s) may be present. After
reviewing the documents and evidence
submitted, and the criteria set forth in
Town Law, ~ 278, the Town Board shall
determine whether or not to authorize
the Planning Board to require
submission of an Open Space
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TOWN OF WAPPINGER ZONING lAW
SEmON 410 - GENERAL REGULATIONS I
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ARTICLE IV - REGULATIONS
1~llff~lil!4
~...:.=I-:.....~~............~...v..:
i#.1111~1~11
:.:.;.;.:.;.;.;.;.;.:.;.;.;.;.;.;.;.;.;.;.;.;.;.:.;.>:.;.;.;.;.:
~~:~~:~'~::~:~;S"';ii:::::j:
~~~~:i;tb~\:i:::~
~;.~;:-;=::.::.:~.:.;.:::.:.:.::=.:.:.:.::~::.:-=~:::::
development plan. The determination
shall be considered a legislative
determination by the Town Board.
Copies of the Town Board's
determination shall be sent by regular
mail to the Planning Board and the
property owner at the owner's last know
address.
H the Town Board declines to authorize
a mandatory Open Space development,
then the Planning Board shall continue
to review any conventional subdivision
plan submitted by the owner. If the
Town Board authorizes a mandatory
Open Space development, then the
Planning Board shall forthwith
determine whether or not to require
such development proposal, and proceed
with the application under the
applicable provisions of this Section.
H the Planning Board determines that
an Open Space Development shall be
required, the Planning Board shall have
the right to establishW the areas within
which "structures" may be located, the
height and spacing of "buildings", open
spaces and their landscaping, off-street
open and enclosed "parking spaces",
"streets", driveways, recreation areas and
related facilities, and all other physical
'<<4,..........
features as may be shown on -ftmrl itll
proposed Open Space Development
Plan.
An application by the Planning Board to
the Town Board for authorization to
mandate Ii Open Space Development
may be made at any time prior to
preliminary plat approval, but may not
be made after preliminary approval of a
conventional subdivision has been
granted.
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SECllON 410 - GENERAL REGULATIONS
410.2.3.2.2
410.2.3.3 Standards.
410.2.3.3.1
Application Procedure. Except as provided in the
Section, the application procedure shall be that of a
conventional subdivision application as provided for in
the Town of Wappinger Subdivision Regulations.
Open Space Development Plan. Upon the presentation
of a subdivision plan for an open space subdivision of
land for residential "dwellings" to be approved by the
Planning Board, showing all natural and proposed
features of the subdivision, the Planning Board may
waive the heretofore established :_aum
. .. ':-:-::~:.:':::::::.:.:::::::::::;:::::':::e;::::::::::::::;ii:::::::::
___.the r~9.~r.:;;~.:~t" SIzes :gmm!:::mll!l
:. ..; *M(~:":,,:.d.'..;:~:~~ ..~~;:::;"'::<.~::;..:')~jl~~!UIID, pursuant to ~ *11
~ of the Town Law, provided that:
410.2.3.3.1.1 The "lot" size per {siBgle] :iii-family
"detached dwelling" is not less than
12,000 square feet.
410.2.3.3.1.2 The "frontage" on a town road or public
right-of-way is not less than 80 feet for
half the "lots" in any group of housing
units, or less than 50 feet for the
remaining "lots" in any group of housing
units. Not more than two 50 foot
"frontages" shall be adjacent to each
other.
410.2.3.3.1.3
410.2.3.3.1.4 The "lot width" at the ''building'' line is
not less than 100 feet.
410.2.3.3.1.5 The "lot depth" is not less than 120 feet.
410.2.3.3.1.6 The distance between ''buildings'' shall
be no less than 30 feet.
410.2.3.3.1.7 The "side yard" is not less than 15 feet.
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39
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TOWN OF WAPPINGER. ZONING LAW
ARTICLE IV - REGULATIONS
SEcnON 410 - GENERAL REGULATIONS
410.2.3.3.1.8 The "front and rear yard" shall not be
less than 35 feet.
410.2.3.3.1.9 ~iieilll~ JAR ati s of hatisifl 1:lBits
~_:':':':':':':':':'>:'>:':M.>:.:.lll. gr t' g
shaD be separatea by a miffimttm af 100
feet af opea spaee.]
410.2.3.3.1.10 ~_1l1 [The miAimtlftl EH5tflftee
~""""'.N""..>....;o............"-1.
betv:eea the "lot liBe" of MY gfa1:lp af
HORsing liftits aaa st:tbGivisioa prepeFty
liRe shaD Be 100 feet.]
410.2.3.3.1.11 The minimum gross "lot" size for an
Open Space development shall be 10
acres.
410.2.3.3.1.12 The permanently deeded open space
area shall be not less than 50 percent of
the Ii.~!~"lot area" -[in llflY residcatial
distriet].
410.2.3.3.1.13 The maximum amount of [impeRietis
Sttlfaee] llll~ljIiiEitliir shall not fbe
more thaR] iii~ 15 percent of the
gross "lot" size of the Open Space
Development.
410.2.3.3.1.14 In no case shall the permitted number
of "dwelling units" exceed the number of
"dwelling units" which would be
permitted, in the Planning Boards
judgement, if the land had been divided
into "lots" conforming to the minimum
...ai.~liiill.ql;, ["lot" aDowed
by this [araiRMce] for] [qf the district or
districts in which such...."iand is I.Ii.fSii
.>>:.;.:.:.:.,.;.;.:..:.:-:.;.:.;.;.;.:
-[situated ana eonfanning to aD other
applieable reqHiremeRts].
410.2.3.3.1.15 Building "lots" shall be required,
whenever possible, in the Planning
Boards judgement, to be situated on
soils which will adequately support such
development.
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TOWN OF WAPPINGER ZONING lAW
ARTICLE IV - REGUlATIONS
SEcnON 410 - GENERAL REGUlATIONS
410.2.3.4
410.2.3.5
410.2.3.6
410.2.3.7
Board of Architectural Review. In. reviewing, ~~EM*~~!.!~,e~!~~
Open Space Develo ment, the Planmng Boar~l.ijil!.1
Il"~' shall i reEJ.uest that the Baars of
ArelHteet1:Hal Re~Aew] determine the suitability of the proposed
design and materials, and -{the PlaaniBg Baars] shall have the right
to require that said design and materials "used" shall be modified so
as to be more consistent with and harmonious to the general
surrounding community and its environment.
Review Criteria. In addition to the requirements of this section, the
Planning Board shall develop standards and criteria to be "used"
during the review of an Open Space Development.
_iGtiI~~~~" ra atfi
:.: '\;"""~;~::h::;"~:::" aas 8:B. . eft reVie'J./iBg 8:B app lea OB UB er e
I'fwlisiaas of this seetioB, the PlamHBg BOIKs may ret9:iB m.aepeBoem
IKemteeftif'al Of eBgiBeeriBg eoB5tllt&Bts. The reasoBtlble fees Me
e1tpeases of Stieh eaB5Ukftftts shall Be paid By the applieMt.]
Perpetual Open Space.
410.2.3.7.1 Ownership. Perpetual open space land, as required by
this section, shall be in one of the following forms of
ownership:
410.2.3.7.1.1 Ahome"~s association approved by
the Town Board.
410.2.3.7.1.2 Any other arrangement approved by the
Town Board as satisfying the intent of
this section.
410.2.3.7.2 Permanent Preservation. Perpetual open space land, to
remain forever wild, shall be dedicated to permanent
. preservation by the use of a conservation easement
granted to the town or to a qualified not-for-profit
organization pursuant to Article 49, Title 3 of the
Environmental Conservation Law. The Town shall
accept the conservation easement pursuant to ~ 247 of
the General Municipal Law. All property rights to the
perpetual open space "lot", with the exception of "uses"
not allowed as specified in the conservation easement,
:>:=>>"::'::::::::::"e~ ..
shall remain with a home ~_~~~~i assoclatlOn.
All perpetual open space dedicated to permanent
preservation shall be recorded directly on the
subdivision plat. Re-subdivision of such area is
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV . REGULATIONS
SEcnON 410 . GENERAL REGULATIONS
prohibited and wording so stating shall be noted on the
final plat.
No "structures" may be erected on the perpetual open
space except as shown on the approved development
plan or as approved by the town to aid in the
management or "use" of the perpetual open land for
non-commercial purposes.
Each deed to each "lot" sold shall include, by reference,
all recorded declarations, such as covenants,
dedications and other restrictions including assessments
and the provisions for liens for non-payment of such.
Prior to final approval the developer shall file with the
Town [Boftf'd] a performance bond to ensure the
proper installation of all recreation and park
improvements shown on the development plan and a
maintenance bond to ensure the proper performance by
the developer regarding all common lands. The
amount and period of said bond shall be determined by
the Planning Board, and the form, sufficiency, manner
of execution and surety shall be approved by the Town
Board.
The developer shall delineate the boundary lines of the
perpetual open space by the installation of monuments.
Monuments shall be placed at minimum intervals of
200 feet or at each point where said boundary line
changes alignment. When the placement of a
monument is required for any particular "lot", it shall
be installed prior to the issuance of the Certificate of
Occupancy for said "lot". The location of all
monuments shall be shown on the Open Space
Development Plan.
410.2.3.7.3
Home::BfiSE1s Association. Whenever a homdl_s
associ~ti~ii:o"iso:o proposed, the Town Board shairo:;etii'n
the right to review and approve the articles of
incorporation and charter of said home ilrflWs
association and to require any conditions it shall deem
necessary to ensure that the intent and purpose of this
section are carried out. In consideration of said
approval, the Town Board shall, in part, require the
Open Space Development to meet the following
conditions:
41
Revised 9/6/96
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV . REGULATIONS
SEcnoN 410 . GENERAL REGULATIONS
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410.2.3.7.3.1 The home _Ms association shall be
established as an incorporated, non-
profit organization operating under
recorded land agreements through which
each "lot" owner and any succeeding
owner is automatically a member, and
each "lot" automatically subject to a
charge for a proportionate share of the
expenses for the organization's activities.
410.2.3.7.3.2 Title to all common property shall be
placed in the home 1R.i~s association,
or definite and acceptable assurance
shall be given that it automatically will
be so placed within a reasonable period
of time.
410.2.3.7.3.3 Each "lot" owner shall have equal voting
rights in the association and shall have
the right to the "use" and enjoyment of
the common property.
410.2.3.7.3.4 Once established, all responsibility for
operation and maintenance of the
common land and facilities shall lie with
the home BfI~s association.
410.2.3.7.3.5 Dedication of all common areas shall be
recorded directly on the subdivision plat,
or by reference on the plat, to a
dedication in a separately recorded
document. Re-subdivision of such areas
is prohibited. The dedication shall:
(a) Reserve the title of the common
property for the home A.~11s
association free of any implied
public dedication.
(b) Commit the developer to convey the
areas to the home ~ms
association at an approved thii~::':':':':':<
(c) Grant easements of enjoyment over
the area to the "lot" owner.
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SEcnON 410 - GENERAL REGULATIONS
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410.2.3.7.3.6
410.2.3.7.3.7
410.2.3.7.3.8
410.2.3.7.3.9
(d) Give to the home :lBs
association the right to suspend
membership rights for nonpayment
of assessments or infraction of
published rules.
Covenants shall be established limiting
all "1 ts" t . gl "~~_:1" *~.....m
y 0 0 sm e lCUUllY ~9[lli.~
:IIUi "use", as stipulated on the
approved development plan, and all
common lands as perpetual open space.
No "structures" may be erected on such
common land except as shown on the
approved development plan, or as
approved by the town to aid in the
management or "use" of the perpetual
open land for non-commercial purposes.
Each deed to each "lot" sold shall
include by reference all recorded
declarations, such as covenants,
dedications and other restrictions,
including assessments and the provision
for liens for nonpayment of such.
....::::;:.....-;...................
The home b&fls association shall be
:-:.,.;.;.;.;.:.:.:.:...:..,;.;.;.:.
perpetual and shall purchase insurance,
pay taxes, specify in its charter and
bylaws an annual homeowner's fee,
provide for assessments and establish
that all such charges become a lien on
each property in favor of said
.;:::.........':<<$:<s:::;:'
association. The home ;tlD.1tis
association shall have the right to
proceed in accordance with all necessary
legal action for the foreclosure and
enforcement of liens, and it shall also
have the right to commence action
against any member for the collection of
any unpaid assessment in any court of
competent jurisdiction.
The developer shall assume all
responsibilities previously outlined for
the home [_eRs association until a
majority o(ih.e.....;;iots" are sold, at which
43
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SECTION 410 - GENERAL REGULATIONS
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time the home :i~s association shall
...........;......,........0;.>.........
be automatically established.
4102.3.7.3.10 Prior to final development plan approval
the developer shall file with the Town
Board a performance bond to ensure the
proper installation of all recreation and
park improvements shown on the
development plan and a maintenance
bond to ensure the proper performance
by the developer regarding all common
lands until the home [IiB.gs association
is established. The iiiiount and period
of said bond shall be determined by the
Planning Board, and the form,
sufficiency, manner of execution surety
shall be approved by the Town Board.
410.2.3.7.3.11 Prior to plat approval, the town may
form a park district of the Open Space
subdivision including the perpetual open
space, which district shall have the
power to take over the work of the
home ~'i.1s association in the event of
default or non-performance, in the
opinion of the Town Board, of such
association, and to tax the property
owners of such district in order to defray
the costs associated with intended
maintenance and control as required.
410.3 Required "Street" "Frontage"
No Building Permit shall be issued for the establishment of any "use" or construction of any
"structure" unless the "lot" upon which the "use" is to be established or such "structure" is to
be built has "frontage" of at least 50 feet on a "street" or highway which has been suitably
improved to Town Road standards or a bond posted therefor, and unless the actual access
to such "use" or such "structure" will be over such "frontage", all in accordance with the
provisions of ~ 280-a of the Town Law.
410.4 "Yards" and Setbacks
410.4.1 "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 [OraiflaRee] '~III
44
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGUlATIONS
SEcnON 410 - GENERAL RBOULATlONS
III shall be included as any part of the ''yard'' or open space for any other
"building" or any other "lot".
410.4.2 Obstructions in "Yards".
No "buildings" or "structures", or any projection from "buildings" or "structures"
shall be permitted in a required ''yard'', except as follows:
410.4.2.1 Paved open "terraces" shall not be considered in the determination
of ''yard'' size and "lot" coverage requirements.
410.4.2.2 No "porches" or balconies may project into any required ''yard'' area.
410.4.2.3 Architectural features such as windowsills, door frames, chimneys,
eaves, or cantilevered roofs may project up to three (3) feet into any
required ''yard''.
410.4.2.4 The ''yard'' requirements of this -{OfdinRflee] :_:1:11.1 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.
410.4.3 "Yard" Requirements on "Comer Lots".
On a "comer lot", there shall be provided a "side yard" on a side "street" equal in
. depth of the required "front yard". A "rear yard" shall be provided on each
"comer lot" and the property owner shall elect which ''yard'' is the "rear yard".
410.4.4 Exception for Existing Alignment of "Buildings".
fi, 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" greater
or less than the required minimum depths specified in the Schedule of Regulations
for Residential Districts, a "front yard" shall be required in connection with any
new "building" which shall conform as nearly as practicable with those existing on
adjacent "lots".
410.4.5 "Swimming Pools".
A "swimming pool", including accessory equipment, 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.
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SECTION 410 - GENERAL REGULATIONS
410.4.5.1 A "swimming pool", including accessory equipment, must be
completely surrounded by a fence or wall enclosure. Such fence r
wall enclosure shall be at least 4 feet in height, have a maximum
clearance to adjoining grade of 2 inches and openings, if provided,
shall prohibit the passage of a 2 inch diameter sphere. Such
enclosure shall resist a horizontal force of 50 pounds per foot applied
at a height of 4 feet. Structural bracing shall be within the enclosure.
Gates or doors shall be self-closing and self-latching with the latch
handle at least 40 inches above grade or located within the enclosure.
Above ground pools with at least 46 inches between pool decking or
pool top and adjoining grade are exempt from this requirement
provided that access is restricted. A pool less than 24 inches deep is
exempt from this requirement. A wall or fence or other enclosure
wholly enclosing a "dwelling" house shall constitute compliance with
this requirement.
410.4.5.2 All electrical facilities for filters, lights or other electrical outlets shall
meet the requirements of the National Electrical Code pertaining to
"Swimming Pools".
410.5 Projecting Features Above Roof Level
. "build. h.gh " limi.. f th ie d. ~ ?i:"1,:m~ii::::i::~~iii* hall 1
The maxImum mg el t tations 0 e r HlftBee :~iliBW s not app y 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 appurtenances not "used" for human occupancy provided that:
410.5.1 The_I,lIItti. shall not extend more than twenty (20) feet above the roof.
410.5.2 The total area covered by such features shall not exceed ten (10) percent of the
area of the roof upon which they are located.
410.5.3 Parapets and cornices, "used" for ornamentation, and without windows, shall not
extend more than five (5) feet above the roof.
410.6 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.
410.7 Visibility at Intersections
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TOWN OP WAPPINGER ZONING LAW
SECl10N 410 - GENERAL REGULATIONS I
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ARTICLE IV - REGULATIONS
On a comer "lot", no 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, provided that no branches are closer than six (6) feet to the ground.
410.8
Multi-Family and Non-Residential "Uses"
410.8.1
Landscaping of Unused Areas.
All portions of multi-family and non-residential 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.
410.8.2
Buffer Requirements.
In connection with the review of any site development plan or special permit
application for multi-family and non-residential "use" abutting 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:
410.8.2.1
410.8.2.2
410.8.2.3
410.8.2.4
410.8.3
Maintenance.
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.
It shall be at least twenty (20) feet in width.
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.
Where the existing topography and/or landscaping provides adequate
screening, the Planning Board may modify the planting and/or buffer
area requirements.
All plantings shown on an approved site development plan or special permit plan
shall be maintained in a vigorous growing condition throughout the duration of
47
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TOWN OF WAPPINGER ZONING lAW
ARTICLE IV - REGUlATIONS
SEcnON 410 - GENERAL REGUlATIONS
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"use", and plants not so maintained shall be replaced with new plants at the
beginning of the next immediately following growing season.
410.8.4 Outdoor Storage.
Outdoor storage shall be suitably screened from all adjoining "streets" and
properties in accordance with a plan approved by the Planning Board.
410.9 Tents, Trailers and "Mobile Homes"
The "use" of tents, trailers and "mobile homes" for permanent "dwelling" purposes shall not
be permitted in an district except as permitted and regulated in ~ 440.2, Mobile Parks, of
this {Or8HHmee] L:~:.:,.,; .: .:::.~~:~~:::~. 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.
410.10 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 reconstruction of a {single] 'lIIfamily" 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 Certificate of Occupancy 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.
410.11 Satellite Dish Antennas
[419.11.1 lB ResideBtial ZOBes.]
The "use" of "satellite -{tIisft) :_ antennas" shall be allowed in all {residemial :lOBes]
IlfI. within the Town of Wi'ppiii'ger, subject to {BaHtIiBg Permit process, provided tfiey
~ the following requirements:
410.11.1tli .~~~~ shall no.~ be II?-ore than one (1) such antenna allowe~ ~n an
~::: :0:::0:... ,"
410.11.fl::] Such antenna shall be properly mounted, anchored and grounded as
determined by the Building Inspector.
48
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SECI10N 410 - GENERAL REGUlATIONS I
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
410.11;fh)3 The construction and, installation of such antennas shall conform to all
applicable "building" codes and other regulations and requirements.
410.11;fhj4
Subject to the provisions contained herein, such antennas shall be located only
in the rear -fyeef) .1 of any "lot". H a useable signal cannot be obtained in
the "rear yard", the antenna may be located in the "side yard" of the property
subject to the requirements contained in this {ofaiftftBee] i_B.
410.11~5 Such antennas shall be designed and located to minimize visual impact on
adjacent property and roadways. The color and construction of the antenna
shall be compatible with its surroundings.
41O.11.~6 A landscaped evergreen planting screen or fence shall be provided for any
ground-mounted antenna to screen it from view of adjacent "lots" and public
view.
410.11~7 Such antenna shall not be more than twelve (12) feet in diameter, and the
uppermost part of any such ground-mounted antenna shall not exceed thirteen
(13) feet above grade level.
410.11.~8 Wiring between a ground-mounted antenna and a receiver shall be placed
beneath the surface of the ground.
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410.12
"Signs"
410.12.1 Application.
410.12.1.1
Application for permit shall be made in writing upon "sign" permit
forms prescribed by the Town's Zoning Administrator.
410.12.1.2
Applicant shall furnish a detailed drawing or blueprint showing
description of the construction details of the "sign" and showing the
lettering and other advertising matter on the "sign"; "sign" colors;
"sign" height; !MIi:!liif~ type and position of lighting; a location plan
showing the position of all "signs" in relation to "buildings", and to
any "street", highway, or sidewalk, including the location of any "sign"
or "signs" on any "structure".
410.12.1.3
Written consent of the owner of the "building", "structure" or land, or
an authorized representative, on which the "sign" is to be erected, in
the event the applicant is not the owner.
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SECTION 410 - GENERAL REGULATIONS
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410.12.2 Conformity Required.
No "sign" -[af biHbo&fa] shall be erected, constructed, displayed, maintained,
moved, recons~.~ed, e~ended, enlarged, or "altered" without a permit issued by
the Zoning :.' .' :'. .:~.:.:.:t;:. ~':-::>~. "
.
410.12.3 Relationship to a Permitted "Use".
All "signs" must pertain to a "use" conducted on the same property on which they
are located{, otherwise a Speei&! Use Permit BUist be abtaffied].
410.12.4 "Signs" in Residence Districts.
iIB residenee distriets,] The following "signs" ...r..i<<i1!!jli;!jjiimlii1i
_ -{Me hereby authmized]:
410.12.4.1 Residence "Sign" Size and Location. 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. H free standing, the "sign"
shall be no closer than five (5) feet from the edge of the paved road
or sidewalk, where it exists.
410.12.4.2 Special "Sign" Size and Location. One (1) "For Sale" or one (1) "To
~~~:Si:::1~::c(~~i\;a~ si::e:~: %:r:~g~do;h~e b:o:~
pavement or sidewalk, where it exists.
410.12.5 "Sign" Regulations in Residence Districts.
410.12.5.1 illumination. No "sign" shall be illuminated in a residential district
except as granted by Special Use Permit llIrli!IIliiipjjljl_ and
then only during business hours.
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51
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TOWN OP WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SECIlON 410 - GENERAL REGUlATIONS
410.12.5.2 Animation. No "sign" shall be mechanically animated, such as
moving, rotating or revolving.
410.12.6 "Signs" in Non-Residence Districts.
f(ml, GB, SC, HB, OR, AI, PI)
All "sigHs" Hi BaR lesitieaee tiistriets Me eamitiereti aa iategr8:l part of a site plaa
ItBtl are StlBjeet ta tile site plftft re"lie"l; prafess. ~\ll"sigt'lS" Hltlst pertaiB ta a "l:lSe"
eeBEltieteEl eft the s8:lBe pf8fJerty OR vAHek they are leeated.]
-_lIlIlillUj.r_liI:1:ilJI.t.:.li.:~._$
410.12.6.1 Signs Affixed to "Structures". Not more than one (1) "sign" per retail
or business outlet, affixed and parallel to the outer wall of the
"structure", facing upon either a P~:~P,:~:!~'\~15e.2~.:.:!he ar~~
i7~.~:~';_:!ii::il.::l:iiii;t~il!;;..::....."":.:..:.1_.::!ill~1:llli::!:.j:': .::.:.:..:.:,:.:...................... ....:::.,:....::~
. .....:..:::::.? provided that:
::;::........:............:-.....
410.12.6.1.1 No "sign" shall project above the roof or beyond the
side walls of the "structure" pertinent to the permitted
"use".
410.12.6.1.2 No "sign" shall face an abutting residential zoning
district.
410.12.6.1.3 The length of such "sign" shall not exceed eighty
percent (80%) [of the lineM feet] of the "building
11111" -[froBtage oeeapied by the retail Of busiBess
Gutlet].
410.12.6.1.4
410.12.6.1.5 [The faee af sueh "siga" sh8:l1 Bot aceed the foH<YNiag
-.vieth dimensioa: tv;o (2) feet far HI' to 20 HaeM feet
of "buildiBg" Haatage; three (3) feet for &B.ydtiDg
greater thaR 20 !iDeal feet of ''buHdiflg'' Homage,
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SEcrION 410 - GENERAL REGULATIONS
410.12.6.2
410.12.6.3
410.12.6.4
Permanently Mounted Free Standing "Signs". Not more than one (1)
free standing "sign", mounted in such manner as to constitute a
permanent fixed installation, no taller than ten (10) feet, composed
of no more than two (2) back-to-back faces, along each "street" on
which the "lot" abuts, shall be allowed provided that the aggregate
area of each such "sign" shall not exceedioae (1) sql:lRi"e foot].ilg:::[eJ.
iiiill(f.il for each linear foot of ''building:liitl'' facing the "street"
or twenty-five (25) square feet, whichever is smaller. -fA "eamer lot"
shaH be allowed one (1) free stftftoiag "sigH" of sure desiga or
eoBStmetion so as to be vie'Nee from. m.ore dum ORe direetioR.] A
free standing "sign" shall not be located closer than twenty-five (25)
feet from any front, side or rear "lot line".
One additional "si "of:iif...$?}liiii{simiJar] dimensio shall
gn , :~-:.......:-:............:.....:It..:.:...:~~.:.: n,
be allowed in the case of commercial development consisting of two
.11. "structures" separated by at least 25 feet and located more
.~;.o.-:(.""'/.''''''''''''''''''';' .................................~..........>.................
th 125 ~ t fr th "fr t I lin" '. ...."v '.:.' :.:<.:_:.:.:~:.:.:.:.".:.:.:.;.:.:.:.:.:.:itiiUr:...
an .::<:"",;" ::::::::::.~.~ < ~::::::::jllf.lii_ll:.V.L:~. ,~;,~~~. :::.:.~~~::!II(I,'IIIII
.... .
....:..:;. ....:.....:.:.:.:.:...:.:.. ...)~~
Window "Signs". "Signs" affixed to, or placed so as to be visible
through a glass surface shall not exceed [tea pereeBt (10%)] :E!I
~iii1i~rara.' of the total glass area -ffaeiag a "street" or "pRi"kiBg
_t~->>=-:-:<.:-.,-:-:.:..Y,..,<<-:-:<<.:.:.:-:-:I
area" serving the retail Of al:lSmess a1:ltlet].
Canopy"Signs". One (1) hanging canopy "sign" shall be permitted per
retail or business outlet. The "sign :R" shall not exceed two (2)
square feet :1"UIIiIf.li [in &fea] ancf"shall be placed under the
can~py[, eafttig1:1aus to tlte retail Sf Btlsiaess o1:ltlet] to identify the
_ entrance. The "sign" shall be hung perpendicular to the
front of the ''building'' and shall not extend beyond the outer edge of
the canopy.
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TOWN OP WAPPINGER ZONING LAW
ARTICLE IV - REGUlATIONS
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SECDON 410 - GENERAL REGUlATIONS
410.12.6.5
410.12.6.6
410.12.6.7
410.12.6.8
410.12.6.9
Temporary "Signs". Temporary "signs", portable or fixed, are not
allowed except to identify an area of construction or property for sale
or rent...1M.... Such "signs" shall not exceed six (6) square
feet in area, with not more than one (1) for each "street" "frontage"
of the '10t". Such "signs" shall not exceed a duration of six (6)
months and shall not be located closer than twenty-five (25) feet
from any front, side or "rear lot line".
.." . :~~~:::'~~i'ill' -[CeBfamHty. ARy "sigm" wmea -.viR beeame Beft
>>."<<<<<<->>:-:<<<<-:...:~~I
eomarmHig eeee.1:I5e of the 1985 "sigH" ordiB8:flee amenameBt "viii
have twa (2) years from the date of aooptiofl sf this ameftdmeftt iB
".r;lHeh to eoBfirm, eJfecpt fer WHU:tOV; "signs" Vlhieh mtlst immediately
eemorm. ]
illumination. One (1) permitted "sign" may be illuminated, during
business hours only, provided that such illumination shall not be
twinkling, flashing, intermittent or of changing degrees of intensity,
except for time/temperature "signs", and provided that the source of
such illumination shall not be visible beyond the boundaries of the
"lot" on which it is located.
Animation. No "sign" shall be mechanically animated, such as
moving, rotating or revolving.
Visibility. No "sign" shall be located so as to obstruct any "signs"
displayed by public authority, nor shall any "sign" be placed in such
a way as to obstruct proper sight distance or otherwise interfere with
pedestrian or i.B~1 traffic~.
410.12.6.10 Location. No "sign"~ili!i1ill!::!iBfRi.:liiliiil:::iJ._ shall be
located in any roadway, "parking area" or right-of-way.
410.12.6.11 Contents and/or Design. The contents of any "sign" and/or height
of its lettering shall be designed such that it can be easily read by the
intended audience (Le., motorists traveling at highway speeds). The
design of the "sign" shall be such as to compliment the site -ftipion
which it is to be located.
410.13 "Accessory Building" Attached to Main "Building"
H any "accessory building" is attached to a main "building", including attachment by means
of a breezeway or a roo~'~'~w.~:~agew~y, it shall comply~ in all.re~pects, to the requirements
of this -[Orailumee] .<II]_ applIcable to the mam ''bUIldmg''. All other "accessory
buildings" shall comply to the requirements for such ''buildings'' in the Schedule of
Regulations.
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SECIlON 410 - GENERAL REGULATIONS
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410.14 Minimum "Dwelling Unit" Size
No Building Permit 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
R-40
R-20
R-15
R-I0
1,200
1,200
1,200
1,000
800
Multi-Family Sinile "Family"
RMF-3
RMF-5
Other Zones
Where Residence is
Permitted
500
500
500
800
800
800
410.15 "Wetlands" and Steep Slopes
410.15.1 "Alteration" of "Wetlands" or "Water Courses".
In any district, no "alteration" of "wetlands" or ''water course", whether by
excavation, filling, grading, clearing, draining, or otherwise, and whether or not
incidental to activities otherwise permitted, shall be il.. [made iB eoBto1:H'S
('.vaether Stlbmerged or abO";e water le9;e1), '.Vil.ter le';els or Rev; of Stleh '\vetlaBds"
or "".vater e~_thout _ review as to the effect of such "alteration" and
any related r:: :..<~ '. .. _ facilities on water recharge areas, water table levels,
water pollution, aquatic animal and lant life, tern erature change, drainage,
"flooding", runoff and erosiOI~m.L':,. ~~ii$. This
review and approval of such "iIteration" shall be imade] ~ ... ::r[~.11.
. . !'.......v.........~......,..... ~~...v...... ...... ................................ ..................
D.~I by the Planning Board iiB eoasttltatioB -;lith tae WappiBger
EBvHaIHBefttal COlmeR].
410.15.2 Hilltops, Ridgelines and Steep Slopes.
For the purpose of preventing erosion, minimizing stormwater runoff and
"flooding", preserving the Town's underground water resources, and protecting the
Town's character and property values, it is the intent of this iOfdHulftee]:EB
:11' to prevent the development of hilltops, ridge-lines, and steep slope~:.:.:.:aiid
toward this end, wherever possible, new construction shall avoid such areas and
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SECTION 410 - GENERAL REGULATIONS I
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TOWN OF WAPPINGER ZONING lAW
ARTICLE IV - REGULATIONS
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 submitted pursuant to the
provisions of this {OrttiBanee] .illB'. 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.
410.15.3 Procedure.
Before granting or denying any request in accordance with this section, the
Planning Board:
410.15.3.1
May require a public hearing, the notice of which shall be published
in the Town's officially designated newspaper at least five (5) days
prior to the date of such hearing.
410.15.3.2
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 consideration.
410.16
Standards Regulating Development in "Flood-Prone Areas"
410.16.1 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.
410.16.2 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.
410.16.3 Permitted "Uses".
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SEcnON 410 - GENERAL REGULATIONS
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The "Flood-Prone Area" is superimposed upon other districts provided for in this
-{OraiBae.ee]_. The permitted principal and "accessory uses" for any "lot"
in the "Flood-Prone Area" shall be the same as otherwise permitted in the district
in which it is located.
410.16.4 Delineation of "Flood-Prone Areas".
The -{la:Bd.>>ftfti] boundary of the "Flood-Prone Areas" shall be that of the one-
hundred year (100-year) recurrence interval "flood".
410.16.5 Permits for Development Within a "Flood-Prone Area".
410.16.5.1 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.
410.16.5.2 A written statement shall be submitted by the applicant, indicating
how the proposed development complies with the additional
standa,rds and requirements of this section.
410.16.6 General Requirements.
410.16.6.1 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 -{effieieBey] capacity of the
stream channel or unduly increases "flood" heights. Consideration 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.
410.16.6.2 Fill. Any fill proposed to be deposited in the designed "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
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TOWN OP WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SEmON 410 - GENERAL REGULATIONS
materials shall be protected against erosion by riprap, vegetation
cover or bulkheading to the degree determin~~ n~c~ssary by the
_ fB e E A eIs) H th 1I>'l':'>W-,*,::i B d LJ
'. . ~~ .'. .... ear e uppe. e ~:.;~._, oar ~
Appee) 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.
410.16.6.3
Structures.
410.16.6.3.1 Within any designated "Flood-Prone Area", all
"structures" shall be subject to the following special
limitations:
410.16.6.3.1.1 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.
410.16.6.3.1.2 The first-floor elevation shall not be less
than three (3) feet above the design
"floodplain" water elevation.
410.16.6.3.1.3 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.
410.16.6.3.1.4 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.
410.16.6.3.1.5 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 equipment and the
evacuation of persons.
57 Revised 9/6/96
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SECIlON 410 - GENERAL REGULATIONS
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410.18.8 Final Action by Referring Agency.
The findings and recommendations of the Planning Board shall be considered
advisory, and the final decision on approval of the plans or application shall be
made by the appropriate referring agency.
410.19 Storage of Gasoline
410.19.1 No storage of gasoline for "use" in motor vehicles or other motors shall be
permitted in any residential zones.
410.19.2 This section shall not apply to tem~!ary stora e of asoline in portable containers
having a capacity -{less tfiaa] five III gallons .
wappzn96\410.doc
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SECllON 420 - DISTRICT REGULATIONS
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Section 420 - District Regulations
The following regulations and the accompanying Schedules of Use Regulations and
Schedules of Dimensional Regulations list and define the permitted "uses" of land,
"buildings" and "structures", and the minimum and maximum dimensional requirements to
be met in connection with such "uses" for the districts established by this chapter.
65
Revised 9/6/96
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SECTION 420.1 SCHEDULE OF USE REGULATIONS - RESIDENTIAL DISTRICTS (Cont'd.)
DISTRICTS
R-SO
R-40/80
R-40
R-20/40
R-20
R-15 RMF-3
USES R-10 R-2F RMF-5
10. "Family day care homes" . ~ II II
II
11. Guest houses and caretaker "dwellings' (S 440.12). SPU SPU SPU
12. Temporary "structures" on construction sites (S 410.10). SPU SPU SPU
13. "Nursing" and "convalescent homes", not including institutions for the mentally ill or facilities for the treatment of drug SPU
or alcohol addiction (S 440.15).
PUBLIC AND QUASI-PUBLIC
14. "Buildings", "structures" and "uses" owned or operated by the Town of Wappinger. "Buildings', 'structures" and "uses" of PP PP PP
any other governmental entity or district, excluding "garages" and "dumps".
15. "Public schools'. PP PP PP
16. Places of worship, including parish houses and religious schools (S 440.8). SPU SPU SPU
17. "Private schools" and colleges (S 440.9). SPU SPU SPU
18. Ubraries, museums and art galleries on 'Iots with "frontage" on and practical access to a primary or collector road as SPU SPU SPU
shown on the Town Transportation Plan Map in the Town Comprehensive Plan .
19. Cemeteries (S 440.28) SPU
FARM AND ANIMAL RELATED
20. 'Farm uses" including accessory farm produce stands, nurseries and "greenhouses" (S 440.6). SPU SPU SPU
21. Temporary outdoor stands for the sale and display of field and garden crops (S 440.10). SPU SPU SPU
22. Riding academies and "commercial stables' (S 440.25). SPU
67 Key: PP - Permitted Principal Use; PA - Permitted Accessory Use; SPU - Special Permit Use.
. ~~ ..., ~ ".'W'''''''''''''''",-_,,",
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SEcnON 420.1 SCHEDULE OF USE REGULAnONS - RESIDENnAL DISTRICTS (Cont'd.)
DISTRICTS
R-80
R-40/BO
R-40
R-2O/40
R-2O
R-15 RMF-3
USES R-10 R-2F RUF-5
33. Professional office "uses" In a residence (S 440.5). SPU
34. Studio "uses" in a residence (S 440.5). SPU
35. "Home occupations" . PA
UTIUnES
36. Sewage treatment plants or water supply facilities which are not part of a project approval, subject to Town Board SPU SPU SPU
approval.
37. Public utilities, including underground transmission and distribution lines serving the local area only which are not part SPU SPU SPU
of a project approval, subject to Town Board approval.
STORAGE
38. Outdoor storage of one (1) auto trailer, or one (1) unoccupied recreational vehicle, or one (1) boat, or one (1) other PA SPU SPU
single [IoIAr:egister:ed] vehicle owned by the residents of the premises provided such trailer, boat, or other single
[IoIAr:egister:8d) vehicle is effectively screened from adjoining properties. Such storage area shall comply with all
minimum yard setback requirements for "buildings", but in no case shall it be permitted in the "front yard".
39. Outdoor storage of more than one (1) auto trailer, unoccupied "mobile home trailer", boat, or other [IoIAr:egiatered) SPU
vehicle owned by the residents of the premises, provided such trailers, boats, or other [IoIAregist8f8d) vehicles are
effectively screened from adjoining properties. Such storage area shall comply with all minimum "yard" setback
requirements for "buildings", but in no case shall they be permitted in the "front yard".
ACCESSORY STRUCTURES
40. Garden houses, pool houses, play houses or "greenhouses" incidental to the residential "use" of the premises not PA PA PA
operated for profit, provided that any such "structure" complies with all "yard" and setback requirements for "buildings"
but in no case shall they be permitted in the "front yard".
41. Not more than two (2) electronic (radio) receiving/transmitting towers (S 410.5). PA '. PA
<-:.:. <<<<.~.:'o
69 Key: PP - Permitted Principal Use; PA - Permitted Accessory Use; SPU - Special Permit Use.
-------------------
_'e' _.",e' ' r" ' .,. __ Il'",~'e .. .'~e",' ~ HlIf' ~""i,'< .t:,),P .~":' _,)fe" ~"'~ ."> ,~ .,ey' Eg",' r',.,.'"
SECTION 420.1 SCHEDULE OF USE REGULATIONS - RESIDENTIAL DISTRICTS (Cont'd.)
DISTRICTS
R-80
R-40/80
R-40
R-20/40
R-20
R-15 RUF-3
USES R-10 R-2F RUF-5
42. .Satellite receiving antennas. (1410.11). PA !I '=1
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43. Any .accessory building. or .use. determined by the Planning Board to be customarily incidental to a permitted .use.. PA PA PA
44. .Signs. (I 410.12). PA PA PA
MISCELLANEOUS
45. Off-street .parking areas. (I 470). PA PA PA
46. Exterior lighting (1410.6). PA PA PA
47. Bus passenger shelters. SPU SPU SPU
eocl\W8p8-3lIO.dkw
8Ill/ll8
70 Key: PP - Permitted Principal Use; PA - Permitted Accessory Use; SPU - Special Permit Use.
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SECTION 420.2 SCHEDULE OF USE REGULAnONS - NON-RESIDENllAL DISTRICTS IConl'd.)
HB
PUD'
USES
AERONAunCAL
33. Municipal airports including aircraft sales or rentals and aviation related
lIight. ground and/or maintenance schools.
WAREHOUSE AND STORAGE
34. Warehousing (not self-storage) on a minimum "\ot" of 2 acres.
35. SeIf-storage rental warehousing on a minimum .tor of 2 acres.
PP
SPU
,.,
pp
PP
PP
PP
SPU
PP
pp
36. Contractor's lumber supply yard and whoIesaJe lumber sales (S 440.19).
37. Contractor's oIfIce. storage and sale of construction materials, supplies SPU
and equipment. including plumbing, electrical and similar contraCtor's
establishmentS. provided any outdoor storage is suitably screened in
accordance with t 410.8.4 and meets all other applicable provisions of the
Zoning Law .
38. Outdoor storage of one (1) auto trailer, or one (1) unoccupied recrealIonaI
vehicle. or one (1) boat, or one (1) other single (WAregiGtVRlQ) vehicle,
provided such trailer, boat, or other single (uRAli\8&GAKlJ vehicle is
eIIectIveIy screened from adjoining properties. Such storage area shall
comply with all minimum "yard" setback requirementS for "buildings", but in
no case shall. be permllted in the "front yard".
39. Outdoor storage of more than one (1) auto trailer, unoccupied 'mobIIe
home" trailer, boat, or other [WAAlglGtwed) vehicle, provided such trailers,
bOaIS, or other [wAregietvAlCOtJ vehicles I
II are effectively screened from adjoining properties. Such storage area
shall comply with all minimum "yard" setback requirements for 'buildlngs".
but in no case shall storage be permitted in the "front yard".
SPU
PP
PP
PP
PA
SPU
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AUTOMOnvE
40. 'Repair garages' (t 440.21). SPU SPU SPU SPU SPU SPU
41. "GasolIne filling stations" (t 440.3). SPU SPU SPU SPU SPU
42. Motor vehicle sales establishments (S 440.18). SPU SPU
74 Key: PP - Permitted Principal Use; PA - Permitted A.ccessory Use; SPU . Special Permit Use.
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I 420"4 SCHEDULE OF DIMENSIONAL REGULATIONS - NON-RESIDENTIAL DISTRICTS
DISTRICT HM NB GB CC HB MU1 SC HO HD COP AI PI
Minimum " Lot Area" (acres, unless noted) - 2 - 15,000 sf 1 2 2 10 1 5 ~$ 2 5
Minimum " Lot Width " (feet) 50 100 ~,~ 100 150 300 500 150 300 500 200 300
Minimum "Lot Depth" (feet) 80 100 150 100 200 300 500 200 300 500 200 300
Minimum "Street" "Frontage" (feet) 50 100 100 100 150 300 300 150 300 300 150 150
Minimum "FrontVard" (feet) from:
· County/State highway 75 75 75 75 75 75 75 75 75 75 75 75
. centerline of other "street" 40 50 50 ~ 75 ~. 125 75 ~ ~~~t@ 125 125
. "frontlot line" of other "street" 15 25 25 ~ 50 ~. 100 50 50 IW 100 ~i.
Minimum "Side Vard"3 (feet) 12 20 20 10 10 20 50 10 10 50 50 30
. "accessory building" <15' high 5 20 20 10 10 10 50 10 10 50 50 30
Minimum "Rear Vard"" (feet) 25 30 30 30 30 20 50 30 20 50 50 30
. "accessory building" <15' high 5 30 30 30 30 10 50 30 20 50 50 30
Maximum "BuDding Height" ("stories"/feet) 2.5/35 2.5/35 2.5/35 2.5/35 2.5/35 2.5/35 2.5/35 2.5/35 2.5/35 2.5/35 2.5/35 2.5/35
Maximum "Building Coverage" (percent) 25 20 25 20 25 30 20 25 30 15 20 30
Maximum "Floor Area Ratio" 0.5 0.3 0.4 0.2 0.4 0.6 0.3 0.4 0.5 0.2 0.3 0.4
Maximum Impervious SUrface (percent) 50 75 75 40 75 75 75 75 75 40 75 {-P.$
....:::
Minimum Landscaped Open Space 50 25 25 60 25 25 25 25 25 60 25 ~~
Minimum Parking Setback (feet) from:
. "frontlot line" - - - 20 - 20 - - 20 - - -
. "side and rear lot lines" - - - 10 - 10 - - 10 - - -
1Commercial uses shall not exceed a "floor area ratio" of four-tenths (0.4). No new or expanded "building" shall be permitted to exceed five thousand (5,000) square feet of "lot" coverage.
Residential "use(s)"shall not occupy more than fifteen percent (15%) of the first floor area.
2Mlnimum "lot area" per ":~!~i (Je'I~~&IaqU~~.:::!:~~aW_ f~" unless served by central sewer system consistent with Town water and sewer management plan, In which
case the requirement Is reduced to 10,000 square ee per ;m.l~~~m;;~:..;...................... . un .
3where a lot abuts land in a residential district, the most restrictive side yard setback requirement of either district shall govem.
"where a lot abuts land in a residential district, the most restrictive rear yard setback requirement of either district shall govem.
wappzn96/lv4204.dkw
(Revised 9/6/96)
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TOWN OF WAPPINGER ZONING lAW
ARTICLE IV - REGUlATIONS
SECfION 420 - DISTRICf REGUlATIONS
420.5 Multi-Family Residence District
In an R-MF ~istrict, all mul~-family. "uses" ~!t~ ~~:< ~~2i~ect to site plan ~pproval .in
accordance WIth f 450 of this iOraifumee] r-=iIi and the folloWIng speCIal
requirements:
420 5 1 .1"1.1=_=- S'. A ] :1li1ilhl~~f::~..e'li.Srfig~W"1i
.. 1.....~1Hft he ~ \:feaJ :::.:.;.:.:.:.:::.:.:<<,;<:>>:.' :~~:*l:.;.::~<.;.:.;.,:;,._:.;,~;;;.Jli~JH.'~l'
fThe "let" apeD wlHeh meR "El"lleltiftg aBits" shaR be eemtnletea shaR have ftB ftfea
af Bate less tHftB fifteeB (15) aeres iB the R MF 3 Distriet aBtl teD (10) aeres iB
the R MF S Distriet, aeept waeD laeateEl ".vithiB &BEl sefVeEl by a pttblie water ftBd
se".ver ttistriet af the Tw.vB af Wappiftger, iB ">>BieR ease the JIIiHiJIIl:J:fB "let area"
saaR be 15,900 square feet.] Section 410.1.7, Existing Undersized Lots, does not
apply to Multi-Family Residence Districts.
420.5.2 Water and Sewerage Facilities.
420.5.2.1 Where, in the opinion of the Planning Board, connections to existing
facilities are possible and warranted, sanitary 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.
420.5.2.2 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.
420.5.2.3 Where future service by off-site water and/or sewage systems is
planned, all on-site water and sewer facilities shall be designed and
located in such a way as to readily permit their connection and/or
conversion to the off-site system at such time as they are constructed.
420.5.3 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, basketball, volleyball and shuffle-board
courts, playground equipment, etc., for the "use" of the residents of the premises
and their guests, which facilities shall not be operated for profit.
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TOWN OF WAPPINGBR ZONING LAW
ARTICLE IV - REGULATIONS
SBcrION 420 - DISTRICl' REGULATIONS
420.5.4
Required parking.
Parking spaces shall be provided in number and design according to the provisions
f R. 470 f thi [0 tiffi ] ,._~r::;!f:::lftf~~ ,
O:t 0 S r &Bee :!i!R!*~~.l_W.
420.6 "Planned Unit Development" District
420.6.1 Intent.
The "Planned 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
b.~~~..p'<<?'~c!~~ ~d objectives as set forth in the adopted Town -[Developmem]
_tlD.i.. Plan.
420.6.2 Objectives.
The establishment of a "Planned Unit Development" District will be to further
encourage the following tsuIibjectives:
420.6.2.1 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;
420.6.2.2 An environment of stable character in harmony with surrounding
development, and a more desirable environment than would be
possible throu&l! the strict application of other Sections of this
J r\ ,:I' 1 :l!7.~:::::::i\::::::::::::::::~f:;:m\l~
-r'O'l'a1ft8:BCC]; :Mdlmgm.~
420.6.2.3 A creative approach to the "use" of land and related physical
development; especially of large tracts close to growth centers and
major transportation corridors in the Town;
420.6.2.4 A maximum choice in the types of environment and living
Accommodations available to the public at all economic levels;
420.6.2.5 The more efficient "use" of those public facilities required in
connection with new development;
420.6.2.6 An efficient, aesthetic and desirable "use" of open space, the
provision of permanent open space networks throughout the town.
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGUlATIONS
SECI10N 420 - DISTRIcr REGUlA'nONS
420.6.2.7 Special consideration of property with unique features, including but
not limited to, historical significance, unusual topography, landscape
amenities, size and shape;
420.6.2.8 A pattern of development which preserves trees, outstanding
topography and geological features, and prevents soil erosion.
420.6.3 Eligibility Requirements.
420.6.3.1 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.
420.6.3.2 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 contiguous 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.
420.6.3.3 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 accordance with the Town
Comprehensive Plan.
"Planned Unit Developments" shall also have "frontage" on and
access to an existing or proposed major road, as shown on the Town
Comprehensive Plan.
420.6.4 Density or Intensity of Land "Use".
The appropriate density or intensity of land "use" to be permitted in each "Planned
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 for the PUD as set forth in ~ 420.6.8. Such
determination of land "use" intensity and of density shall be based upon the
recommendation of the Town Planning Board as provided in ~ 420.6.8.3 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 ~ 420.6.8.1. 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
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TOWN OF WAPPINGER ZONING lAW
ARTICLE IV - REGUlATIONS
SEcnoN 420 - DISfRlcr REGUlATIONS
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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, as set
forth in ~ 220.
420.6.5 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
satisfactory 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.
420.6.6 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 ~ 470 of this {OrdiBaBee] ::11111:..
420.6.7 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
standards of this {OnliBRftee] :_:[ill', and of the Subdivision Regulations.
Where a conflict between this section and any of the above exists, the former shall
govern.
420.6.8 Application Procedure.
The application procedure for approval of a "Planned Unit Development" shall
involve the following: (1) Submission of rezoning application, if required, 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 Comprehensive Plan,
the "Official Map" and this {OrdiBaBee] :..it:III; (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 subdivision of land, if any; and (5) Planning Board, Town
Engineer, Zoning Administrator, 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".
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SECIlON 420 - DIsrRIcr REGULATIONS
420.6.8.1
Application Requirements. The following information shall
accompany an application for the establishment of a "Planned Unit
Development" District:
420.6.8.1.1 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
topographic 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, major rock
outcroppings, and other significant 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
proposed "Planned Unit Development" and how it
will serve to implement the intent and purposes
for such d~.y'~!~J?.~~.~!~., as set forth in this
fOrdiB9:Bee} j.UgijiIlW.
D. The proposed spatial arrangement of land "uses",
including 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 including an
open space system consistent with the Town
Comprehensive Plan.
E. 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 Plami~
Unit Development.
G. A numerical analysis of the development proposal
including the total number of "dwelling units" aD
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ARTICLE IV - REGULATIONS
SECl10N 420 - DISTRICI' REGULATIONS
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~~.ffi.(g?tifill ro osed for inclusion within the
iif<.......:,.:~~:l:i.:.:.:w>.w..:...>,,> P P
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
?.{.<.:<<.:.o. ~"X::-:.
rdwelling C;:::;:;;::. :::;.:;i~:I~,~~~.::geE*,~~:2'.~ii1iB
:_ill~OR] ::. ....:J.:.Jlli:i_.~.it.:.;::~...i.t:.:;~.~: :i;:'
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 plan for
the staging and completion of the "Planned Unit
Development", including utilities and facilities.
J. An environmental impact statement analyzing the
capabilities of the proposed development and the
estimated impact which' said development 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 and open space
resources.
K. Such other additional information as deemed
necessary by the Town Board or the Planning
Board to properly study and evaluate the
application.
420.6.8.1.2. Application and review fees for the proposed "Planned
Unit Development" shall be required in accordance
with the current fee schedule.
420.6.8.2
Referrals. Upon receipt of a complete application for the
establishment of a "Planned Unit Development" District, the Town
Board shall refer such application 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.
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TOWN OF WAPPINGER ZONING lAW
ARTICLE IV - REGUlATIONS
SECTION 420 - DISfRIcr f(E(JUlATIONS
420.6.8.3
420.6.8.4
420.6.8.5
420.6.8.6
Planning Board Review. Based upon the requirements of this
-[OrdiBaBee] i_I and the policies and objectives set forth in
the adopted town Comprehensive 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
determination, the density of development for which such site is
su!~ble. In addition to the requirements of this -{OrOHumee] !_
. and the town Comprehensive Plan, such density
recommendation shall be based upon a careful consideration and
evaluation of the environmental characteristics of the particular site
and its relationship to surrounding properties and "uses".
Within sixty (60) days from the date of referral of a completed
application from the Town Board, the Planning Board shall submit
a written report to the Town Board setting forth its findings and
recommendations.
Public Hearing. Following receipt of the Planning Board report and
recommendation, the Town Board may schedule a public hearing
regarding the proposed application with the same notice as required
by law for a zoning amendment.
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" District, 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 Map 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 -{OrdiBaBee] _i;!:1.I1 and with the policies
and objectives of the adopted Town Comprehensive Plan. In making
its determination, the Town Board shall consider both the staging
and the ultimate magnitude of such development.
Approval of Subdivision Plats. Applications for the approval of any
subdivision plats shall be submitted to the Planning Board and
processed by said Board in accordance with all the procedures and
requirements specified in the Town's Land Subdivision Regulations.
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGUlATIONS
SECI10N 420 . DISI1Ucr REGUlATIONS
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420.6.8.7
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
:{:dL~1t:~
420.6.8.7.1 Submission of Application. After Town Board action
.~<< rO~~.,~~,~2~^!~l~ange, applications rlrilt_
(~.... :.~;.:.:.:~::.:.~.:::.~::::::::..t. shall be submitted in -[five (5))
;:~:::... -",:::ltll c~pie~ to the Zoni~g Administrator,::::~~ ~~
lDltial application accompamed by -[fi-/e (5)] :m!.lIJ
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 (I" = 100') and indicating the
following:
(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 with a datum
approved by the Town Engineer; designation
of specific soil types; the location of all
existing ''water courses" and intermittent
streams; the location and extent of existing
wooded and "wetland areas", and
specifications of the type of vegetation
prevailing therein the location of existing
stone walls, rock outcrops, wooded area, and
major trees (eight inches or more in
diameter) outside of wooded areas which
are to remain undisturbed.
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ARTICLE IV . REGULATIONS
SEcnON 420 - DISfRICT REGULATIONS
(3) The location and dimensions length, width,
ground floor elevation and height) of all
existing and proposed 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 lo~ation, 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
proposed sidewalks and steps, drainage
"structures", retaining walls, etc.
(9) Landscaping plan, to include type, 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 "sings".
(12) Proposed open space network and
pedestrian circulation.
B. Architectural plans and specifications of
representative "buildings" and "structures",
including general exterior elevations, perspective
drawings, and, in the case of residential
"buildings", typical floor plans indicating the
number of bedrooms and the "use" of all other
rooms within each "dwelling unit".
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SEcnON 420 - DISfRlcr REGULATIONS
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C. Calculation of expected storm drain loads to be
accommodated 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 removed
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
new roads and sidewalks, 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 Superintendent 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
area to such purposes, and of documents
establishing future ownership and maintenance
responsibilities for all private road, 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.
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TOWN OF WAPPINGER ZONING LAW
420.6.8.7.2
ARTICLE IV - REGULATIONS
SEcnON 420 - DISTRIcr REGULATIONS
Referral to Planning Board, Town Engineer,
Superintendent of Highways and Town Attorney.
Upon receipt of a site development plan application,
the Zoning Administrator shall refer two (2) copies to
_lia_Ji.~_i ~:e~~~~~~e~~
Town Attorney, and one (1) copy to the Superintendent
of Highways 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 General Land Use and
Development Plan, 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 iOrdiBaaee] i.ill
:11'1; (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 intersections; 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 to 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, illmilliiiifi
Superintendent of Highways and Town Attorney shall
be submitted to the Planning Board within thirty (30)
days. -{The Plftftftiag Board slian sttbmit a summary
report to the Zomng .A"dmiaistrator withia sixty (60)
days af the date OR v.-hita sueli appUt9:tiOR was
arigiaaRy referred to the Pltmniag Boftfs, shaR
reeammeftd .....'fiethcr the applie9:tioa saottld be
apprwled, disapproved or approves witli mosifieatioBS
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
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SEcnON 420 - DISTRIcr REGULATIONS
420.6.8.7.3
420.6.8.7.4
420.6.8.7.5
ed sa&ll speeify '.va&t modifieatiel15, if ey, are
aeeessary. ]
Acti' b :ti_l::r'('i:::::;iifi:::::::::::~'~:;~ iZ' A em' . t t ]
on Y!m.::;.:.::;.;::.~.:.;J)gth!Qlt9 eftlag ~ 1 IHHS ra ar .
-(Vlitaia ffiBety (90) days of tac date the applieaaaa was
reeep.~a by tae Zoniag .\dmiftistratar, the Zemag
hdmimstrfttof saall aet eitaer to apprar;e, dhapprw;e ar
apprave with madifieatiol15, tae site pie 8::Bd s1:lea
. '.
.. ..............:.....;.;.;... :.;.;....:.:.:.:.:::r..:.;.
Board as specified 1ft its reeort.] Oil ":::':':::':':':.':':::
~....~ Apermit
authorizing earth work, 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.
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.
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 its own specifications for correction of
the condition or conditions. Unusual circumstances or
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV . REGULATIONS
SECTION 420 - D1srRICf REGULATIONS
420.6.8.7.6
420.6.8.7.7
420.6.8.7.8
detrimental conditions observed by the Town Engineer
or Zoning Administrator shall be similarly treated.
Staging. If the applicant intends to stage its
development, and has so indicated in accordance with
~ 420.6.8.1.1.9, then it may submit for site plan
approval only those stages ready for development in
accordance with the staging plan. Any plan which
requires more than twenty-four (24) months to be
completed shall be required to be staged and a staging
plan must be developed. At no point in the
development of a "Planned Unit Development" shall
the ratio of non-residential to residential 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.
:::::~:i:~
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 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%) change in the number of initially approved
"dwelling units" is involved, provided all density and
other requirements of this [OrdiR8:Bee] :_i.1. are
complied with.
Expiration of Approval. Town Board approval, or
approval with modification, of an application for a
"Planned ,g':.i~:llil'~:iDi.l~ii.1
.:. construction work on the development is
'nof'heglln Within -{oRe (1)] :.I:::IIJ yeaif of the date of
approval, is not completed within ten (10) years of the
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TOWN OF WAPPINGBR ZONING LAW
ARTICLE IV - REGULATIONS
SECIlON 420 - DISI'RIcr REGULATIONS
date of approval, or is not prosecuted with reasonable
diligence in such a way to assure its completion within
the permitted time period and according to the
approved time schedule.
420.6.8.7.9
Financial Responsibility. No Building Permits shall be
issued for construction within a "Planned Unit
Development" District until improvements are installed
or a performance bond posted in accordance with the
same procedures as provided for in ~ 277 of the Town
Law relating to subdivision.
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SEcnON 430 - SPECIAL PE~ 'USES"
Section 430 - Special Permit "Uses"
430.1 General Provisions
Special permit "uses" are listed in the Schedules of Use Regulations. The special permit
"uses" for which conformance to additional standards is required by this Local Law are
considered to be permitted "uses" in their respective districts, subject to the satisfaction of
the requirements and standards set forth herein, in addition to all other requirements of this
Local Law. All such "uses" are declared to possess such unique, special and individual
characteristics that each specific ''use" shall be considered as an individual case.
430.2 Board Approval
The Planning Board shall be the approving agency for all special permit "uses", except where
the Town Board is the approving agency as noted in the Schedules of Use Regulations.
430.3 Informal Application
Applicants are encouraged to submit a preliminary, informal application and to discuss it
with the Board prior to formal submission of a complete and detailed special permit
application. The informal application should include a schematic plan showing the general
layout of the property and the proposed "use".
At its meeting, the Board shall review the schematic plan and may schedule a field
inspection of the site. The Board shall notify the applicant of any changes recommended
prior to the preparation of a complete site plan.
430.4 Formal Application
430.4.1 Submission.
Formal application for a special permit shall be made to the Board. 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. The
formal application shall include the following items:
430.4.1.1 A completed special permit application form, including the name and
address of the person, firm or corporation for whom the "use" is
intended, and the name and address of the property owner. If the
applicant or owner is a firm or corporation, the full names and
~esi~ence~~:~f the or ~~~~~:ilci~~ii~~::~~!.;:i_:ti~:~ae::~~~~
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SEcnON 440 - SPECIAL srANDARDS
but excluding emergency service and the sale of fuel and lubricants, shall be
conducted entirely within either a "building" or, where deemed appropriate by the
Planning Board due to such factors as the size of the property involved and/or
its location, shall be conducted entirely within a fenced in area in which such
work is visually screened from all adjoining properties and roadways. In no case
shall any vehicles awaiting service or repair work be stored outdoors for a period
exceeding five (5) days, unless such vehicles are entirely located within a fenced
in area and are visually screened from all adjoining properties and roadways.
Body work, major structural repair or painting shall not be permitted.
440.3.4 ''Use" of a "building" for any residence or sleeping quarters shall not be
permitted.
440.3.5 There shall be a minimum of twenty five hundred (2,500) feet between "gasoline
filling stations".
440.4 "Accessory Apartments"
440.4.1 Legislative Intent.
A special permit may be granted by the Planning Board to permit "accessory
apartments". It is the specific purpose and intent of this provision to provide the
opportunity for the development of small "dwelling units" designed, in particular,
to meet the special housing needs of relatives of families living in the Town of
Wappinger. Furthermore, it is the purpose and intent of this section to allow the
more efficient "use" of the Town's existing stock of "dwellings", to protect and
preserve property values and to maintain the one-family character of the one-
family residence districts of the Town of Wappinger without the over-utilization
of the land.
440.4.2 Standards.
To help achieve these goals and promote the objectives of the Town
Comprehensive Plan, the issuance of a special permit and the granting of site
plan approval by the Planning Board shall be subject to the following
requirements in addition to the general special permit standards of ~ 430 and the
requirements of site plan approval of ~ 450, herein.
.::.'~~;1l111.11'1t[~[:[.g~[[[i[.![i[i[ill[i[i!:[!lii:1
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440.4.2~lfl1 Occupancy.
440.4.21f!].1
The owner of the property upon which the
"accessory apartment" is located shall occupy the
principal or accessory "dwelling unit" on the
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TOWN OP WAPPINGER. ZONING LAW
AR11a.B IV - REGULA110NS
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SECIlON 440 - SPECIAL STANDARDS
440A.Zlfll.Z
440A.Zlffl.3
440A.Zif!l.4
440.4.Z~ "Use".
440A.ZIf2).1
440.4.Z~[2].Z
440A.Z~.3
premises as their primary residence. Further, an
occupant of at least one (1) of the "dwelling units"
on the premises shall be the father, mother, son
or daughter (including legally adopted), brother,
sister, grandparent, or grandchild of an occupant
of the other "dwelling unit" on the premises. A
father-in-law or mother-in-law may continue
occupancy subsequent to the death of their child.
The Building Inspector shall have the authority to
require proof of the "family" relationship
mentioned in this paragraph during the course of
the occupancy of the "accessory apartment".
No more than one (1) "accessory apartment" shall
be permitted on any "lot".
An "accessory apartment" shall be subordinate in
area to the principal "dwelling" and shall be
limited to occupancy by a maximum of three (3)
persons.
No more than two (Z) bedrooms shall be
permitted in any "accessory apartment".
An "accessory apartment" shall not be permitted
on a "lot" where the "dwelling" also contains either
"boarding" or a "home occupation" as an "accessory
use" or a professional home office "use".
The "principal use" of the premises must be a
detached. "one-family dwelling".
No "accessory apartment" is permitted in an
accessory "building" or "structure".
440.4.Z.~ Utilities. H the premises are not serviced by a community sewer or
water system, approval of the Dutchess County Health Department
shall be obtained prior to issuance of a special permit.
440.4.zl[ 4] Maintenance and Continued Compliance. An "accessory apartment"
shall be permitted only where all "structures" on the premises are in
a reasonable state of repair and modernization, and where all
"structures" and any new construction undertaken for the "accessory
apartment" shall be in compliance with the New York State Uniform
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV . REGULATIONS
SECTION 440 - SPECIAL srANDARDS
Fire Prevention and Building Code as well as all other applicable
regulations. The Building Inspector shall inspect the premises and
shall report on the condition of "structures" on the premises to the
Planning Board. No permit shall be granted until all outstanding
violations of the Building Code and Zoning Law are corrected. All
conditions of the special permit must be complied with and shall be
subject to inspection by the Building Inspector.
440.4.2~~ Parking. Off-street parking shall be provided in accordance with the
standards and requirements of ~ 470. The location of such "parking
spaces" and driveways shall be reviewed by the Planning Board to
ensure compatibility with the "use" of the "lot" and adjacent
properties.
440.4.2~ Other Conditions. In making its determination on the special
permit, the Planning Board shall also give consideration to the
character of the existing and future "uses" in the immediate vicinity
of the proposed "accessory apartment", including the exterior
appearance of "one-family dwellings", the number of other "accessory
apartments" existing in the neighborhood in relation to "one-family
dwellings", the amount of traffic, and the parking conditions in the
neighborhood. The "principal building" in which the "accessory
apartment" is proposed must continue to appear to be a "one-family
dwelling" .
440.4.3 Modifiable Requirements.
The Planning Board shall have the power to modify the following requirements,
provided that said Board finds that such modifications are consistent with the
legislative intent of this section as set forth in f 440.4.1 above and the purposes
of this Zoning Law.
440.4.3.1 Age of "Structure". The "building" in which the "accessory
apartment" is constructed shall be at least five (5) years old. IIID
- .....-_k
440.4.3.2 Occupancy. The minimum "gross floor area" for an "accessory
apartment" shall be three hundred (300) square feet but in no case
shall it exceed thirty-five percent (35%) of the "gross floor area" of
the "building" in which it is located.
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SECTION 440'- SPECIAL 5rANDARDS I
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TOWN OP WAPPINGER ZONING LAW
ARTICLE IV - REGUlATIONS
renewal of the special permit in
accordance with ~ 440.4.4.1.2 of the
Town of Wappinger Zoning Law.
440.4.4.2.2.2 The new owner of the premises shall
have to apply to the Planning Board for
a renewal of the special permit to
continue the "accessory apartment".
440.4.4.2.2.3 The Building Inspector shall have the
right to inspect the premises upon
reasonable notice to the owner.
,
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SECTION 440 - SPECIAL srANDARDS
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440.5 Professional OMce and Studio "Uses" in a Residence
440.5.1 The "use" shall be conducted solely within the "dwelling unit" and not in a
detached "accessory building", and the "use" shall be clearly incidental and
secondary to the "use" of the "dwelling unit" for living purposes.
440.5.2 Not more than two (2) non-resident employees, associates, or assistan~~~~~~~~i
lItc81ti shall be employed on the premises.' ....;~~
440.5.3 There shall be no external display or advertising of goods or services, or other
external evidence of such "use" other than one (1) identification "sign" stating the
name and address of the resident, property and/or permitted "accessory use", not
exceeding two (2) square feet in area, which may be attached to a mailbox or
supporting pole. H freestanding, the "sign" shall be no closer than five (5) feet
from the edge of the paved road or sidewalk, where it exists. Further, said "sign"
shall not be illuminated in a residential district except as granted by special
permit, and then only during the hours of operation of the permitted "accessory
use".
440.5.4 The establishment of such "use" shall not require external "alterations", or involve
construction features not customarily found in "dwelling units".
440.5.5 The "use" shall not utilize an area exceeding three hundred (300) square feet, or
five hundred (500) square feet if the "use" has "frontage" on and practical access
to a primary or collector road as shown on the Town Transportation Plan Map
in the Town Comprehensive Plan. In no case shall the "use" occupy an area
exceeding twenty five percent (25%) of the "gross floor area" of the residence.
440.5.6 No "use" shall produce, or emit beyond the boundaries of the premises on which
it is located, "dust", glare, hazard, heat, light, noise, nuisance, odor, radiation,
"smoke" or ''vibration''.
440.5.7 The "use" itself shall be conducted in such a manner and during such hours that
it is not detrimental to the immediate neighborhood.
440.5.8 No service involving the repair of devices powered by electricity, gasoline, diesel
fuel, kerosene or other fuels shall be permitted.
440.5.9 The "use" shall not result in the parking of more than three (3) client vehicles at
one time on the property or on the "street".
124
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TOWN OF WAPPINGER ZONING lAW
ARTICLE IV - REGUlATIONS
SECTION 450 - SITE PLAN APPROVAL
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 {Oraimmee] Ili.lll'.
""mJ"'~~:"m;...:'W""1:i.t
450.1 Approval ~~:~J_tj.~i Required
No Building Permit shall be issued and no "structure" or "use" shall be established, other
than one (1) "one-family dwelling", 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
.~
F.~~~~~:~~~~~=~iiiI~~~~~~~~~2:~:~~:;::~~:~~:;<::g:~~~~::::~:S.: 'Th;;':>';~
.JP:9!;~;.~>>~..~~~..~<<<<~:.; l~_X~~~~_BSJ~qep*~M.'.~*~H~M\:::IPPI.:.:...:...:... e
':i~::hd.:;:~~~t:/~~~~~i~~:~K:~;~~fbs:~~b~t:iiI&~lii..i
lilt shall be subject to the same approval procedure. Any proposed construction of new
"structures" or additions thereto, or any change or modification of "use" of property, which
adds to or modifies a previously approved site development plan shall require further site
plan approval, termed "amended site plan approval" by the Planning Board.
450.2 Application for Site Development Plan Approval
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 qualified individual or firm, such as a registered architect, landscape architect
or professional engineer. An application fee shall accompany each such application in an
amount set forth in a fee schedule which may be amended from time to time by resolution
of the Town Board. The Planning Board shall require the establishment of an escrow
account deposit in accordance with ~ 540.1.3 herein to reimburse the Town for the
professional review fees charged in connection with the review of the application. All
applications shall provide the following information:
450.2.1 Maps.
-[Eight (8)] la_~~~lllll copies of any area map, at a scale convenient for
PlanningBo;:(.f";;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. The Planning Board shall have the right to require submission of such
additional maps, at a scale to be determined by the Planning Board, as the Board
might find necessary to properly evaluate the proposal.
143
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144
Revised 9/6/96
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TOWN OP WAPPINGER. ZONING LAW
ARTICLE IV - REGULATIONS
SECDON 450 - SITE PLAN APPROVAL
450.2.2 Site Development Plan Information.
Fourteen IltJ 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:
450.2.2.1 The name and address of the owner of record of the property,
._llti:jBllilj_llrlltlillillglimil and the name,
address and professional seal of the individual preparing the site
plan.
450.2.2.2
450.2.2.3 The accurate locations of the boundaries of the applicant's property,
and any existing "lot lines", "streets", easements or other reservations
located within it.
450.2.2.4 The locations of all existing "buildings", "structures", .!lj:jjj:IJI~
IIli. and other man-made features of the site, "'~""~~~ii~""!~?I~II~...~nl'
d. ent ro erties within .lOBe lU:1Bdrea ltOO'l] lIifp.;;UUetlf:>'" '.' ::
a ~ac P p -l \ I J .:.,,,->,,.,..:.:.:.:.:.;.;...:.:.:.:.:.:.:.:.:.;.:.:.,,.:':'''':':'. ",,_,:,.:.' . .
feet of the property boundary, including existing utility lines.
450.2.2.5 The proposed location, "use" and design of all "buildings" and
"structures" .
450.2.2.6 .Rilll.:!~& 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.
450.2.2.7 The locatiori]:!:i:l!lIil_i:t.iiii.i.1I and design of all driveways,
parking and loading areas, including improvements to adjoining
"streets" designed to facilitate the safe and convenient flow of traffic
to and from the site.
450.2.2.8 The location and design of the proposed water supply, sewage
disposal and storm water drainage systems, including the relationships
of these to related off-site facilities, services and systems, along with
an analysis of the impact of the proposed site's development upon
them.
450.2.2.9 The locations and design of all other proposed improvements
including "signs", exterior lighting, recreational facilities, fences, walls,
refuse enclosures, buffer screening and landscaping.
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SECI10N 450 - SITE PLAN APPROVAL
450.2.2.10 The proposed nature and location of any "uses" which will not be
located within a "building" or "structure", including outdoor storage
and display areas if any.
450.2.2.11 _~~ existing and pronosed contours with vertical
"'<-:-.~>>::9":::.:':<<::::">>'-':':*:':<<.:..;x.~::'Ht J;;. "'M ' ':<<-:{-."->>);
intervals of not more than two (2) feet, ~~1.1b~
_~ ...<'-:'~":l'. ...,:::~ un! . '. d''''''':<b<w:<':''>:'>:t''h..imRp''';'I"~,,<.~:R:",,.;.;.;.:,~:":<";'M">:':"B<~<'"~d,"
'. . .... . .~;:~:: " . '~T-~:: . . .... . ': .' ". ess W31ve ~ e annmg oar
. x-x-.,',;. :w..:<<-;v:<<.. :-.<<<<<. :-w.<<<<<<-=->>>>: J
extending at least fifty (50) feet beyond the site boundaries, and
referenced to USGS or other approved bench mark.
450.2.2.12 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".
450.2.2.13 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.
450.2.2.14 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 {Ordimmee] Ii'lili..
450.2.3 Additional Information.
In addition, the following items of information shall also accompany any site
development plan application:
450.2.3.1 The proposed wording of any covenants, deed restrictions or
association agreements which are intended to apply to all or any part
of the subject property.
450.2.3.2 Plans and elevations of all proposed ''buildings'', "structures" and
accessory "structures", including proposed "signs".
450.2.3.3 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 ~es~ribe,~. ~....~ 450.2 above, the Zoning
Ad . . tr hall d t . h th t 1rll "*'v.>>.:::.....;:::::::;::::;:.~WfA::-:m-~~:::::;")) _& t th E9 . I
Il11IllS ator s e enmne weer or no -rnl ;:m<<~DlI~~Mm!:i COlllorms 0 e asle
145
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SECTION 450 - SITE PLAN APPROVAL I
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
requirements of this -{Ordir~;l..\IIII1::::EI':""""~'\i~.BformB:Bee is determmeEl, !fie
ZaaiB OrdtBa:Bee.] H such ~::::""":s.;itififji_Itb/.l/:':":;":":~""':""'? f....::...~ -{ eoafarmanee is aetemHRes]
g .;v:.;.".;.:.,,<:;~~.:.,,<.:.:.:.:.:.:.:.:.:.:.;.;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.;.;.".".".:.:.:.:.:.:.:.:.:.:.:.:.:.;.:.:.:.:.:.:.".B.L.~,;.:.:.:.. ,
the Zoning Administrator shall refer copies of the application [to the applieatiaB] to the
_tillliilJfDlEII appropriate Town, County and State officials departments and
. x..-:.:.;-:->>:.:.; :,:,:->>:-:,:,:,:-:,.,:,:-:,;,:,:-:-:-:,:,,':':':':':':';v;-:';<<.;.:.;.;.:.:. , .. ....:-................ 'MY ..
a~encies for their review and commentfafld slieR aDW1; a] fifteen (15) daYl:~I_::tOl"'1II
.1!IJi?'AIlI.glliL.,i.;l~il:lmIB;:I.~i!li.I:::_~ [perioa far tlle':':':':r~e~lp.t':':'er~ek
reeammeBtiatiaas. At the eaa af the fifteea (15) day review peries,] The Zoning
Administrator sharl:llIB::_11 submit.[ a repert eOfttainiBgl..~~ese recommendations to
the Planning Board -{tegether "lAth the stlbjeet applieatiaa]. iiil the applicant -{shall be
pra~Ased 'mtB a eapy af tile report WiS reeoHHBeasatioBS] at least five (5) days in advance
of the Planning Board meeting at which it will be considered.
450.4
Standards for Site Development Plan Approval
[lB aetifig aa MY site developmem phm applieatioa, tile Planniag Board shaR take iBto
eOBSider&tiaB: ]
-{450.4.1 The reeommeBdatiollii of the TO'llfl De',elopment Plea aad the "Offieial Map";
450.4.2
450.4.3
450.4.4
450.4.5
159.4.6
The proposes height, Btllk, loeatiea es arehiteettlral featares of maia B:Bd
"aeeessory b1::lildiBgs" Md their relatislliihip to the site ana to oae eotBer;
Traffie eirettlatioB \vithia aftd withotlt tile site;
PrwAsiea af off street "parkiag aBa 10aaiDg spaee";
The Baft1re Md desigJi af eKterior lighting, "sigHS", 18:aaseaping, btlffcr are85 B:Bd
other opea spaees; 8:ftd
The 8:YlailaBiJity of sapportiag services Wid facilities, so that Wiy devel6fJmeBt Oft
the site 'tAR satisfaeterily Md harmaB:iotlsly relate "lIith the existiag or permitted
aevelepmcBt af Beighboring led aae ''buildings'', Ma so that pedestriM &fttl
veme1:tiar traffie '.viII be Ilaadles safely Me adequately Both withia the site and in
relatioFl to the adjoiBing "street" system.]
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SEcnON 450 - SITE PLAN APPROVAL
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TOWN OF WAPPINGER ZONING LAW
148
Revised 9/6/96
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ARTICLE IV - REGULATIONS
SECTION 450 - SITE PLAN APPROVAL
.~Ir.:.:.:,
11R eaasideriag any prof'osea site development plan, the PlamHng Hoard may reqHH'e reynew
by apprapnate professionals of the T<Y;m.'s efioosing.]
450. [71' Public Hearing for Site Development Plan Review
A Eublic hearing shall be scheduled :WlII:::iglt.~:iIJ1:::liltii::i.glp~:::I:::iQIRtilllill
.i..r::~7*'*"1U:~.Fii~~fiaUlaBJ r for the re-new af all site aevelo Bleat 1$ a lieatiaas
M".:::~...._JIIBI!.>>,$t<.......>.............!H:R...:-:..<...............,................. [ p P f'l'
eeiiimg belare 'iii'e'PlaiHiifig 'B()'ara]. Public notice of such hearings shall be published in a
newspaper designated by the Town at least five days before the scheduled meeting date.
Additionally all abutting and adjacent (across the "street" or road) property owners shall be
notified by mail by the Town of said hearing. The expense of such published and mailed
notices shall be borne by the applicant.
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SEcnON 450 - SITE PLAN APPROVAL
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Expiration of Approval
111::11 .IAnul Site Ian a roval shall e ire ~;W~~lT.~mlF.
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149
Revised 9/6/96
TOWN OP WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SEcnON 450 - SITE PlAN APPROVAL I
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4so.-f'i1 Application to Building Inspector
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TOWN OF WAPPINGER ZONING lAW
ARTICLE IV - REGUlATIONS
SEcnON 450 - SITE PLAN APPROVAL
450.[818 Planning Bo8rd 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 fOrdiReBeel_ as a guide.
wappzn96\45O.doc
~
151
Revised 9/6/96
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SECDON 470 - PARKING & LOADING
Section 470. OfT-Street Parking and Loading
470.1 General
470.1.1 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-streBili and loading facilities shall have
b n rovided in accordance with :.. . '>..~W::' : . . ':. ". '~W~~E_..::::<~:~::$~<:$>.<WW:~IIHl~a~ the
ee . ......... ;'~:.5-9-:>..~9i. .......... .........~
p , <<~ .' ~,........,,',,',,<.,,~...,,',.:,...:......,.,.M..'''~N ~.",.......,.....~.,.P...............................~N
requirements set forth in this Section, and such required parking and loading
facilities shall be completed before a certificate of' occupancy shall be issued.
470.1.2 -[lB eases of ~eeptioBal ttiffie1tity ar 1:Hl1:tStial hardship to sum properties, arisiBg
alit af tke requiremeBt af tBis SeetieR, the Board of ~Aa.ppeals may redtiee tke
parki-Rg reflutremems, OOt shaR requtre sum degree of eampHaBee as it may deem
reasoB8.ble.
470.1.3] 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.
470.2 Existing "Structures" and "Uses"
"Structures" and land "uses" in existence or for ~!!!~~...~~!l~!.?,8.,~~.~~,.~~~~,~~.~.~.~...~E.proved
t th t. f th d ti' f thi -[0 Eli ] m::&iiil~::r::::~~~'Kkll~fiP~:~J'~:~am.~::~~::':':::':':~A hall
a e llDe 0 e a op on 0 s r B&:Ilee __~_ntb~fhf:w:l~g:.:...;"..::.w..:,.;,~K!iH.!.f.Et.!V' s
not be subject to the "parking or loading space" requirements set forth in this Section.
However, any parking and loading facilities now existin to serve such "structures" or "uses"
shall not be reduced below such requirements. ~ . :>'::::BBj:lIi
i.;:::: ';:?=>.w. ~>.~~, t::::::::::IJ.ill:l!i!il
.. ..... ....
470.3 Location, "Use", Design, Construction and Maintenance
^-~-
470.3.1 Location.
152
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SEcnON 470 - PARKING cI: LOADING
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" provided
that a legal instrument, satisfactory to the Town Attorney, assures the continued
existence of the parking facility to serve said "structure" 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 an Residence District. [11J.f.if:<:![~._
-~~...~.....~
470.3.2 {S&e of "ParlriBg Spaees".
Eaea "parlciBg spaee" shall be at least tea (10) feet ,,'.ide tlfid tweaty (20) feet laag
is 1:lfl.eaelased tlfid at least ele';en (11) feet '.vide Md tweftty (20) feet laag if
bordered by waDs ar columns on tv.'o (2) ar more sides. Where "parkiBg spaees"
are defifted by curbs previdiftg SJlaee for w.'erha-ag of velHeles SHea spaees lBtly Be
reEh:1eed iB depth to eighteen (18) feet. Baelwp tlfid mtlfiel:r;-enag aisles Betv;eeB
f(W;S af "parkiag spaees" shall be at least tweRty fwe (25) feet '.vide except where
the approving autBority apprwles a lesser dimeflSioB as adequate ta sel'\'e "parkiBg
spaees" llfi'anged at less thtlfi mBety degree (900) aagle. The fram ar rear
wlerlia-ag shaD Bot eBefOaeB OR 8:BY sidewalk Of laBdseaped areas.]
_1.;![lin![.iD!i~I:ii
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153
Revised 9/6/96
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SECTION 470 - PARKING &; LOADING
154
Revised 9/6/96
6'-0" MIN.
1 7' -0"
RAISED
LANDSCAPED
ISLAND
8'-0"
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1 '-6"
8'-6"
20'-0"
10'-0"
4" STRIPE
8'-0"
H
Figure 1:
TYPICAL PARKING SPACE DETAILS
NOT TO SCALE
FREDERICK P. CLARK ASSOCIATES. INC.
9/96
H: HANDICAPPED
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17.5'
BUILDING
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SCALE 1" = 50'
FREDERICK P. CLARK ASSOCIATES, INC.
9/96
9'~ ~
18'
SINGLE
25' PARKING BAY
11
DOUBLE INTERLOCK
PARKING BAY
6.0'
MIN.
38.0'
44'
MANEUVERING AISLE
--- TWO
__ WAY
34.0'
25'
40'
RAISED LANDSCAPED ISLANDS
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CIRCULATION AISLE
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Figure 2:
SAMPLE PARKING LAYOUT
WALL
CURB
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B
A: Parking Space Depth to Wall
B: Maneuvering Aisle Width
C: Parking Space Depth to Interlock
D: Parking Angle
Figure 3
SAMPLE PARKING LAYOUT-ANGLED PARKING
FREDERICK P. CLARK ASSOCIATES, INC.
9/96
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGUlATIONS
SECI10N 470 - PARKING &: LOADING
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It has been determined by the Wappinger Town Board that large unbuffered
expanses of parked, stored and/or displayed vehicles represent an impairment to
the visual environment of the Town. The Town Board's purpose in promulgating
the following provisions is to minimize such impairment while balancing the rights
of the business community, private property owners, and the general public.
Therefore, 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 establishment of a safe, convenient and attractive parking facility with
a minimum amount of maintenance, including plant care, snow plowing and the
removal of leaves and other debris. [}...t least eae (1) tree -.vith a miniml:lm
cliameter af three (3) iaeftes at a height af foRt" (4) feet abave groWld ler:el shall
be prwAded witfiia Stleft "parmg area" faf eaeh tea (10) "parking spaees".
470.3.3.1 Wherey;er possible, raised phmting islB:Bds, at least eight (8) feet ift
'.vidth, shall he provides ta galse vehiele mWlemeBt, &Bd to sep&rate
oppasiftg rW;:-5 af "parkiBg spares" sa as to p{wAde adeql:late spaee for
pl&Bt grewtH, pedesmaB ei-reuJatiaB &Bd y;emele overhtmg. SHea raised
pl9:BtiBg isl&Bds &Bd tlle ItmtlseapiBg \Vitma tllem SHall be designed
&Bd 8.fi'ftftged in Stleft a 'JIflY as ta previde vemeal defiBitiea to majer
traffie ei:rettlatiOB aisles, eBtnmees &Bd e3fits; te eftamiel iBtemal
traffle flw.v &Bd preveBt iftdiserimifle:te diagOBal movemeftt of
veHieles; &Bd to prwAde relief from the viStlal lB6ftotoay Md
shadeless eKfJ~e af a large "parking area". Oubs of sl:leh isl&Bds
shall be desigfled so 8.5 t6 faeilitate swfaee dr&Bage 8:Bd pre~..eBt
y/chieles fram w:erlappiBg side\valks &Be damagiBg hmdseapiag
materials.
155
Revised 9/6/96
'!OWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SECllON 470 - PARKING & LOADING
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479.3.3.2 IB aH aft street "parkiag areas" eeatainiag tweaty fr/e (25) aT mart
"plii'lciag spaees", at least tea pereeRt (10%) of the area witltiH tlte
iBsiae perimeter af tlte parkiag s\ufaee of tlte "parkiag area" sltaH he
eurbeti tmtilwulseapeti witlt kees, shmbs aHa other plaHt materials.]
470.3.3~ The Planning Board shall also have the authority to require berming
and/or substantial year-round vegetative screening between "parking
areas" and the site's "frontage(s)" where the Board deems that such
buffering will not significantly adversely affect the ability of the public
to identify the location of the subject "use" and, in the case of motor
vehicle dealerships, where the Board deems that a sufficient display
of vehicles is achieved. Notwithstanding the sentence immediately
above, 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.
.....,Ij."...
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156
Revised 9/6/96
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TOWN OF WAPPINGER ZONING lAW
ARTICLE IV . REGUlATIONS
SECTION 470 - PARKING & LOADING
If!
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157
Revised 9/6/96
158
Revised 9/6/96
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SECI10N 470 - PARKING &: LOADING
.. v ....... ..~::::::..l:::~:-'~l.i.ii.lIli.r.~lil!iiliii!lllill.EIirilti]i~_'-
470.3.4 Grades, Drainage, Paving and Marking.
All required parking facilities shall be graded, surfaced, drained and maintained
throughout the duration of its use" to the satisfaction 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.
470.3.5 (frame CirettlatieB] illiiifjll.ifilll:.tllii:l111f.1.1;11i.13fii~.
In order to encourage safe and convenient traffic circulation, the Planning Board
may require the inter-connection of "parking areas" via access drives within ftBe:)
II between adjacent "lots". The 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.
470.3.6 Waiver of Improvement.
Where the-[&1:lthority &f)pfOViBg a site plan er speeiaJ permit applieatioB] I..)
.. determines that less than the required number of "parking spaces" will
Sa~~thein~!
rel}l:lHemeBt iB par.., Bat Bot in ~eess af fifty pereeDt (50%) sf the B1tfBger
Fe 1:1ireEl aeeorEliB 1 ii.Hn~~BaiJ::::::_ef to ~ 470.4 herein. In all cases it shall be
E:J: !b .,.........M:~:............,...It....................................
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 property owner by the Planning Board that such
spaces have been determined as necessary and must be constructed.
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SECI10N 470 - PARKING &: LOADING
470.4 Schedule of Off-Street Parking Requirements
m... ..:w.'.m'.'..>>'...'.>>....'.>>'. "....^"~'>..W^_' .~. '__-~ .^.mm<'........'~. ....w.""... .'.".......w..aw. .....",.
. "':..u:'m."w.u. ""''''~ .. ..,~w~y.~.w.':'W""~' .'>>"" ",~"m.,~.^_....~ .' ....~?~ ,:-<.,.,,:"".:....."; .".".:.:....... ff tr t" kin
L;;:"._~li>>lrst;,::,,:,J~n'MIL:,;,~ ~~<:b.. .<.:w ~;/:: ',:;;"..' . _2;.ojt1iit;~:~;.:::~mBL;~;.:.:<<-.<~~ 0 -s ee par g
spaces" shall be provided as follows {eKept tllat the Board of f..ppeals may mettify tfiese
pfO"AsioB5 as a eOBWnaft of the isStiftft(e of a speeialpermit aeeardiftg te tHe prO".isieB5 af
f 440]. Reasonable and appropriate off-street parking requirements for "structures" and
land ''uses" which do not fall within the cate ories listed li_.B.r~~~~i
m,"wuuw.w....,.....'.. ... ""'I"'>".~uu, g '. '.'.. . . .. ..,,''''<<<<'''''~_... >>:..wm.._,w.,""~
~a~~:lJili;i;i;~~", '.. .::. '".' ':: hall be determm. d b th fI= r' B d
.,~9!H.i.:...:. '1:t;,;",;: s. . e e 6WB::' oar
"Use"
"1 and 2 family dwellings"
"Mobile home"
"Multi-family dwelling"
Professional office or "home
occupation" permitted in a
Residential District
Roomers or boarders
Place of worship, theater,
auditorium, athletic field, or
other place of assembly
Hospital, "nursing home",
"convalescent home" or home
for the aged
"Golf and country club"
Bowling alley or other center
of public amusement
Retail or service business
Minimum OfT-Street Parking
2 spaces for each "dwelling unit".
...... -::::
~:I spac~' for each "dwelling unit".
1 space for each "dwelling unit" plus 1/2 space for
each bedroom.
2 spaces in addition to spaces required for the
residential "use" except that there shall be 4 spaces
for each medical or dental practitioner in addition to
spaces required for the residential "use".
1 space for each guest sleeping room plus 1 space for
each residential unit.
1 space for each 4 seats or pew spaces, or, in places
without seats, 1 space for each 100 square feet of
!:"~]fji.~floor {spaee] i.ll "used" for public assembly.
1 space for each 3 patient beds and 1 space for each
employee, including medical, nursing, and service
staff.
1 space for each 2 memberships.
5 spaces for each bowling lane. All others, 1 space
er 100 s uare feet ofr~tt floor.fs aee' :iiii'
p q ....:.et:!ll~ -r P J :.".:.:.:.:.:.:.:.:.:.:.:.
"used" for public amusement.
1 space for each 150 square feet of "gross floor area"
;:::':.:..:..:..:l..::.:.)@!: ....:....,.....u:.:.,~~~~ .,::::~:"III..j)aiI1~lIiii
159
Revised 9/6/96
TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGUlATIONS
SECIlON 470 - PARKING .t LOADING
"Use" Minimum OfT-Street Parking
Restaurant 1 space for each 3 seats or 1 space for each 100
square feet of "gross floor area", whichever is greater.
Office for business or 1 space for each ~21) square feet of "gross floor
professional "use" (other than area".
accessory to residential ''use'')
Banking office 10 spaces plus 1 space for each employee plus 4
additional spaces for each person in excess of 2
=~
"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 ~ :I~ square
feet of "gross floor {spaee] iiiiil1 in assembly rooms.
-{Metar ve}Hele s8:les and 1 5l3aee per empl~.ee plus 1 SfJaee per 150 sq\iare
seFViee feet of gross floor sf)aee.]
Veterinary office 1 space per employee plus 1 space per 300 square
feet of "gross floor (space] :i.tiit.
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 establishment 10 spaces per washing bay.
Research or development 1 space per employee but not less than 1 space per
laboratory 600 square feet or "gross floor -[spaee] lilli-t.
Manufacturing or industrial 1 space per employee but not less than 1 space per
"use" 400 square feet of "gross floor -{ spaee] ill'.
Wholesale, storage, utility or 1 space per employee but not less than 1 space per
other similar commercial 1,000 square feet of "gross floor ~:::::::::::<':'::::::'li
[spaee] :m;Rii.
"use"
470.5 Operation and Maintenance of OfT-Street Parking Facilities
Required off-street parking facilities shall be maintained as long as the "use" of "structure"
exists which the facilities are designed to serve. Required "parking areas" developed for
specific "structures" and "uses" shall be reserved at all times to those persons who are
160
Revised 9/6/96
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TOWN OF WAPPINGER ZONING LAW
ARTICLE IV . REGULATIONS
SEcnON 470 - PARKING &: LOADING
employed at or make "use" of such "structures" and land "uses", except when dedicated to
and accepted by the Town as public "parking areas".
470.6 OfT-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 A 470.3.1 and shall be provided as follows:
470.6.1 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
case the minimum length shall be sixty (60) feet, and the minimum width shall be
fourteen (14) feet.
470.6.2 Required Number of Spaces.
470.6.2.1 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 areas" of less than 5,000 square feet.
470.6.2.2 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".
470.6.2.3 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.
470.6.2.4 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 8,000 square feet of "gross
floor area" or major part thereof.
470.6.2.5 Other "uses" which do not fall within the categories listed above shall
be determined by the .(TOWB] liiIilii Board[, atid adoptee as 8:B
ameBemeftt t6 this SeetieR].
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TOWN OF WAPPINGER ZONING LAW
470.7
470.7.1
470.7.2
ARTICLE IV - REGULATIONS
SEmON 470 - PARKING 8; WADING I
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Driveways
General.
__~ of fire protection, -[traffit:] :ii::::m::II4:tiliiiiiiillill and pedestrian
. .... ...s ..'~l -[Both aD &Bd aff "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 art of a "use" subject to special permit or site development plan
a roval :: .. :t::~~~..:~::::;:::~alma in accordance with ~ 430 and ~ 450[ iB wlH Ii
pp . .:v:w,>>>: :.:.:.:.:.:.:.:...:.>:.:.:.:.:.:.,' , e
e&5e they sliall Be subject ta PIW:1fi:iftg Beard tlfld/ er Board of Ia:ppeeds ].
Driveway Grades.
470.7.2.1
1Iii~I.ililili.il Tl1.~.IDaximum grade for any new driveway
-[at:eessal)o tal imi a "[siBgleltii.-family dwelling"[, tlfld cOlmct:tiBg its
elf street "parldag area" to a "street",] shall be twelve percent (12%)
except that where it can be demonstrated to the satisfaction 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%)~ [470.7.2.3 NotvAthst&Bttiftg the
m&1ftmWB permitted grades speeifiea iB i 479.7.2.1,] 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.
470.7.2.2
lI~ili.l:i.jitf The maximuIJ.1..~ade for new driveways -[at:et:sS6IY
ie) Ii "uses" other than '!{single liii.-family dwellings" -[and eonneetiftg
the retluired off street "parIDag 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 ~ 470.7.2.1
above, provided such grades in no case exceed ten percent (10%).
-[479.7.2.4 Na~:Athstafldiag the maxiHH:lm permitted graaes speeifiea
iB 1479.7.2.2,] 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 ..~~.~......PE~perty line of the "street",
whichever distance is greater. The:gllmii Board [of .:\ppeals] may
require increased platform areas of this type in situations where,
because of the nature of the proposed "use", substantial traffic
volumes are anticipated.
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TOWN OF WAPPINGER ZONING lAW
ARTICLE IV - REGULATIONS
SECflON 470 - PARKING &: LOADING
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470.7.3 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 b f 470.7.2 above, shall be ali ed at a roximatel ri t
angles at the "street".
470.7.4 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.
470.7.5 Emergency Vehicle Access.
Driveways and access roads shall be so designed as to provide Fire Department
apparatus access to within a distance of 150 feet or less of the "structure" it may
be called upon to protect and they shall meet the following requirements:
470.7.5.1 They shall have a minimum width of 10 feet.
470.7.5.2 They shall have and maintain a minimum overhead clearance of 12
feet.
470.7.5.3 They shall be of sufficient base as to support a 30 ton apparatus.
470.7.5.4 No turn shall be of such a degree as to prevent access of Fire
Department apparatus.
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TOWN OF WAPPINGER ZONING lAW ARTICLE V . ENFORCEMENT 11 ADMINISTRATION
SECI10N 500 - ENFORCEMENI'
ARTICLE V - ENFORCEMENT AND ADMINISTRATION
Section 500 - Enforcement
500.1 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 "buildin "that would not be in full compliance with the provisions
of this {Or4iB8:Bee] .~..:...~... :LL;:. Any such permit, license, certificate, or other
authorization, issued, granted or approved in violation of the provisions of this {Oram8:ftee]
__, shall be null and void and of no effect, without the necessity of any proceeding
or revocation or nullification thereof.
500.2 Enforcement Agents
This :fOrtiiBaBeel :i;':';~' . shall be enforced b the Zonin :tim_._! [lBs eetar]
., g.,.....,...... ..........................., I"
',,,,,'''''''''''''. .."!i"'..,......-::::;"'h...h"':,;. "?<"w:""';l;m~~':'>.";""iiiiF~''':<<''.':<h'a ............................,,:<w"'..................,....
I.Vlilllllltlt..C::.:"::::.. d;v.<.l'.iliY-tmiui....::.::.Jt'{suea deputy iflstleetors as may be
appaiBted] by the Town Board.
,,\
500.3 Violations and Penalties
500.3.1 A violation of this {OrdiB8:ftee] ..,j})BI is hereby declared to be an offense,
punishable by a fine not exceeding three hundred and fifty dollars ($350) or
imprisonment for a period not to exceed six (6) month~ or both, for conviction of
a first offense; for conviction of a second offense, both of which were committed
within a five year period, punishable by a fine not less than three hundred fifty
dollars ($350) nor more than seven hundred dollars ($700) or imprisonment for
a period not to exceed six (6) montrui or both; and upon conviction of a third or
subsequent offense all of which were committed within a five year period,
punishable by a fine not less than seven hundred dollars ($700) nor more than one
thousand dollars ($1,000) or imprisonment for a period not to exceed six (6)
month~ or both.
500.3.2 Each week's continued violation shall constitute a separate additional violation.
500.3.3 Violations of the Zoning ~.I [OrElffieftee, iBelttdiag tB.e ameBdmefttS adapted by
LL ~5 of 1990) shall be deemed misd~me~orsf.~T&r;~~~~~~::~~~i_~.
; :i:'!;'~::::~ ~.. :,....:...:...:.:fi::;...:w:.,::::::......:...ll:~;.:.:..<.:...:.:.:...:.:...:.:.:...:...:.:...:,.:<.:.:.:.:<.:.1
:', x-:-x-:->>:<<<<*.->:-:-:<< ;<<'X(-:-o':>,';':':':-:'
500.3.4 -[The O'lIRer ar O'llBers af my ''bailEliBg'' ar premises ar part thereaf .l.-ftere 8:BytBiBg
shall be plaeed or shall etist iB .JialatiaB af this OrdiBaaee, aay lessee, afemteet,
builder, eafttfaetar, ageBt, persaB ar earparatiaB \vfla eammits aay SHea ./ialatiaB, _
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TOWN OF WAPPINGER ZONING lAW ARTICLE V - ENFORCEMENr & ADMINISTRATION
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SECTION SOO - ENFORCEMENT
500.4 Additional Remedies
{The ZmHHg lnsJleetor shall serve Hotiee personally, or by registered mail reeeipt addressed
16 the premises of s1:leh ";lolatioH, or the person or eorporatioa eommittiHg or permittiH:g tae
same Md, if Sl:lefl violatioa does flot eease mthia s1:leh time as the ZaniHg Iaspeetor mtly
speeify, 8:Bd a Hew Certifieate of Oe~aHey is Bot obtaiBed, he shall instit1:lte s1:leh sf the
faregoiHg aetioHS as may be Heeess8.l)' to termiHate the "Aolation. StIeh notiee may also he
sel\.ed By psstiHg sa the premises.]
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L TOWN OF WAPPINGER ZONING LAW
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ARTICLE V - ENFORCEMENl' .t ADMINISTRATION
SECI10N 500 - ENFORCEMENI'
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L TOWN OF WAPPINGER ZONING lAW ARTICLE V - ENFORCEMENT &: ADMINISTRATION
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SEcnON 510 . APPEALS
Section 510 - Zoning Board of Appeals
510.1 Continuance
The Board of Appeals heretofore establish~. Town Law is hereby continued
with all powers and duties prescribed by~:.> . .... :: : .:~~ .'. VI and by this {OrdiB&B.ee] llIiii
~~"t~ -:.>>:.:;:<<. 0( ..".........<<.........:.-.....: .
_if.
510# i4J Powers and Duties
eals shall have all the powers and duties prescribed by_Law.
, which owers and duties are summarized and more articularl are
-[510.5. 4 J'~etiaD By BaMd af Al'l'eiHs.]
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 _~~~~,2~~t to be made and to that end
shall have all the powers of the Zoning _,lIt -[lB5peetar] or any other
administrative official from whom the appeal is taken. -{E.lery deeisiaD By the BORi'd af
al'peiHs saaR Be by resaluaaB adapted at a paeae meetiag of said liaRi'd &Bd saaR set farth
the ei:feumstaBees of tile ease &BEl the fiBtHftgs aD whiM the aeeisiaD was based.]
51O;f4l1.1 Interpretations.
On appeal from an order, requirement, decision or determination made by an
administrative official, or on request from any official or agency of the Town, the
Board of Appeals is authorized to decide an uestion involving the interpretation
of any provision of this' , includin determination of the
... x.....;....:~:.~.ti:.:. e
xact:: ": '":'''r''' : :....:t relerence
e >>:.>:.:.>:.,:<.:.:.",>:.:<.:.:.:.:.
to the rules specified in f 320.
510.-f4l il.2 Appeals and Variances.
Where there are {praeaeiH] difficulties or unn~~~~s~~ ~ardships in the way of
. th. I f thi tQ e' ) ~~.":i':::~*"~ th B d fA al
carrymg out e strict etter 0 s r maaee ~_;.:.:.;L::' IdiW, e oar 0 ppe s
shall have the power, in passing upon appeals, ta vary or mo~ the application
.;..:::.......;0.........*:-;.;.........:-:...........-:::-..;0...
of any of the regulations or provisions of this -[OrtHBtmee] ::.m.~1.II relating to
the "use", construction, or "alteration" of "buildinj" or "structures", or the "use" of
th I d. u<::::::<:::;:~*~~~:'=!>"*,_>:~~::.. ::::....'~ thUt th "t f thi [0 ttiB ]
e an, .:.~.:,....*::w ..' :::.;.:.}lwltlttl...:": : '.;~.L:w . ~ so a e spIn 0 s r &:Bee
.llIi~t.:::::.:.:.:::.:., shall be observed, public safety and welfare secured and substantial
justice done. -[Na ".'ariatiaD ar adjustmeDt iD the striet Rl'plieatiaD af aay
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TOWN OF WAPPINGER ZONING LAW
SEmON 510 - APPFALS I
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ARTICLE V - ENFORCEMENT &: ADMINISTRATION
prwAsiaB5 af tftis OrdiBftflee shall be gnmted by the Board of Appeals anle:iS it
.fiBes;
519.4.2.1
519.4.2.2
519.4.2.3
510.4.2.4
That the hardship is dae to liflifJ:t:le cireumstanees and Bot ta geBeffil
eaBtHtians in the neighborhood.
That the hardship shaR Bot ha";e resalted from any aet af the
awlieftflt Stlbsel.itlent to the date af adoption of the pro'Asian ar
previsioB5 apl'ealed HaIR '.vhether in vlolatioB of Stith provisiaB ar
il9t;
That for reasons fully set forth, in the findiags of the Board, the stria
applieation of the prO"lisions of this OrdiBanee woald depri-.'e the
applieaBt of the reasonaele "ase" of Stieh I&BEl or ''buHdiag'', &Bd that
tfie -lariftflee gi"ftflted is the miniml:1m variaBee neeess8:Iy far Stlefl
reasonable "l:Ise".
That the gi"aBting of the vaflanee ...All be in harm.ony 'lAth the iBteat
of this Ordin&Bee, ';All not be injl:1riotls to the neighborhoad or
athervAse detrimental to the pttblie '.velfare.]
-
1::::::::::::I:::::.i::Jliii.i.lippii_1:1.3.nli~:::II:::~~:::iiil:::,il.it.~!
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TOWN OF WAPPINGER ZONING LAW
ARTICLE V - ENFORCEMENT & ADMINlSfRATION
SECTION 510 - APPEALS
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......
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SEmON 510 - APPEALS I
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TOWN OF WAPPINGER ZONING lAW
ARTICLE V - ENFORCEMENf & ADMINlSI'RATION
. 1
~_i.:ltiil:::._I~
510~ I Procedure
510.~ :I~I Meetings and Minute~~
All meeting) 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.
510~ ~iji
~!il~
I...~,~.w.""".,..,,,...w............
. .' .:",,:~~x~::::it~Nil~ni:::Wf A II.catI.on
::. . ~~dl~tt1V:H*ffl{8~ pp .
Appeals shall be taken within [sueh time as sawl be preseribed by the Board of
-
':::"::".jll,tm:tdtkentlmd the Board of A eals a notice of a eal
...llt:.:.:.:.:.:.:.:.:.:.:.:.:...:...:.:.:.:...:.:.........:.:.:...:...:.:.....:.:.:.: pp pp
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TOWN OF WAPPINGER ZONING LAW ARTICLE V - ENFORCEMENT.t ADMINISTRATION
SECI10N 510 - APPEALS
Each appeal ~~~ specify the provision of the {8r8uumee) :.I..iS' involved,
the {ntliBg] _ sought from the Board, and the grounds upon which it is claimed
that the same should be granted. Affidavits of publication and service of notice
by mail, and such other data or information shall be submitted as the Board may
d Th {ffi J ;_'..;.. .. . .>,*-~$;"~~~ ." '~~f<:"W.~::~_' ....~~~,"*"~ fr h th
eem necessary. e 8 eer:: . :. .:~~.:;,. . . :::1.' ':;' .. '" om w om e
'.' .....v."~.... :-:>>N~' :0;... .. :.... N.
appeal is taken shall forthwith deliver to the Board of Appeals all papers
constituting the record on which the action appealed from is taken.
An application fee shall accompany each such application in an amount set forth
in a fee schedule which may be amended from time to time by resolution of the
Town Board. The Zoning Board of Appeals shall require the establishment of an
escrow account deposit in accordance with ~ 540.1.3 herein to reimburse the Town
for the professional review fees charged in connection with the review of the
application.
510~..3 Referral to :~U:ii~~:::::E.6j {T()l'Nfl Baara &Ba Pltlfiftift Baara].
'I07] if .;m&.:.:.~:.:.:,.:.I.",<.:.:.:<.:.>:::.:.:." g
?jf....t.i~~......':;:~
e;I..&
The Board of Appeals shall, tett) :tlii1lii 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 and advisory opinion on such application.
{510.5.2 Hea.riB:g.
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TOWN OP WAPPINGER ZONING IA W ARTICLE V - ENFORCEMENf & ADMINISTRATION
SECI10N 510 - APPEALS
Ill~IIM~1j1..il
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The Baara af Appeals shall hola a publie heariBg iB aeeora&:ftee 'mth the
preeeEkues af f 51Q.3 Bereaf.]
510.31 Public HearingS~
The Board of Appeals shall fix a reasonable time for the hearingW of the appeal,
variance, [sfJeeial permit "ase",] or other matters referred :I~~~:~it 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 Board 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. In all instances, notices
must be mailed to all adjacent and abutting property owners. Any parcel
separated from the subject parcel by a "street" or other public or private roadway
shall be deemed adjacent and abutting.
'A._illi:i!i!j~jlil::::I~ilj1:111.g.iil~j:::E~gl:::~Biliill~~~
_~l.llIi~
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TOWN OF WAPPINGER ZONING lAW ARTICLE V - ENFORCEMENT '" ADMINISTRATION
SECI10N 510 - APPEALS
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510I-f8l 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 -fpreeessiBg] ii~llii under
Article 78 of the Civil Practice Law, as stated in I 267-c. of the Town Law.
-[510.5.5 &piration.
J-.. T.'9rianee shaR be deemed te autheri2e only the partiealar "use" or "uses"
SJleeified Hi the decisioB, ftBd W'tless ather previsieBS are set furth by the ZaBiflg
Beard of .t\f'peals Hi eanBeetian Vr'ith tfteir decisioB, shall ~ire if -.York is BOt
iftitiated pW'suet thereta -.vilmn aBe (1) year, ar if said ''use'' ar "uses" shall eease
fer mere th8:B ODe (1) year.
519.6 Vale RetfBi:red
The eoneurriBg vote of a majority of the members af the Beard of ~A...ppeals shaR Beeessary
to reverse B:By araer, requiremeBts, decisian or determiBatiaft of 8:BY atimiBistrative official,
ar to decide in fa-lor of the af'pliea:Bt &:BY matter aft wftieh it is te reqltired to pass Rnder this
OrdiB9:Bee, to effect ftBy variation in this OrdtB9:Bee.
519.7 Natiee af DeeisiaR
The resolution of the Beard af Appeals shall be reeorded iB tfte miBlttes of its proeeediBgs.
J-... eopy thereof shaR be filed with the PlaBBiBg Baard, the ZoBiBg IBSf)eeter, the B1:tilamg
lB5peetor, Md the Ta-.vB Clerk, flftti (1) eepy shaR be matied to the appliea:Bt. All
supportiBg]
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ARTICLE V - ENFORCEMENr &: ADMlNISl'RATION
SECTION S20 - BUILDING PERMITS
Section 520 . Building Permits
General Rule
No ''building'' or "structure" shall be erected, constructed, enlarged, structurally "altered" or
moved until a permit therefor has been issued by the Building Inspector. Except upon a
written authorization of the Board of Appeals, no Building Permit or Certificate of
Occupancy shall be issued for any "building" where said erection, construction, enlargement,
addition, "alteration", or moving thereof would be in violation of any of the provisions of this
Zoning Law. No Building Permit or Certificate of Occupancy shall be issued for a "use"
listed in ~ 420.1 and ~ 420.2, Schedules of Use Regulations, except in conformity with the
procedures set forth in the applicable sections of this Zoning Law.
Application Requirements
All applications for Building Permits made to the Building Inspector shall include
two (2) copies of a layout or plot plan drawn to scale, showing the actual shape
and dimensions of the "lot" to be built upon, the exact size and location on the
'10t" of the ''building'' and "accessory buildings" existing and the lines within which
the ''building'' or "structure" shall be erected or of the ''building'', all public service
lines, septic lines, septic or housekeeping units that the ''building'' is designed to
accommodate, and such other information with regard to the "lot" and neighboring
"lo1"s that may be necessary to determine and provide for the enforcement of this
{OrdHumee] _iillllt. All dimensions shown on said plan relating to the
location and size of the "lot" to be built upon shall be based on an actual survey,
and the "lot" shall be staked out on the ground before construction is started.
The Building Inspector may require a topographic survey showing at two (2) foot
intervals the contours of the '10t", or, in the case of large "lots", of that area
between the "street" and the proposed "structure" and extending to each side and
to the rear thereof as far as the Building Inspector may deem necessary for the
nfi f tho -EQ e' J :f:t;-~_..i~:i:l>~;'S::
e orcement 0 IS r IB8ftee ~~l.$W.
No Building Permit shall be issued unless the "lot" on which the proposed
"structure" or "use" is located has "frontage" in accordance with ~ 410.3 herein.
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.
520.1
520.2
520.2.1
520.2.2
520.2.3
520.2.4
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TOWN OF WAPPINGER ZONING lAW ARTICLE V - ENFORCEMENT &: ADMINISTRATION
SECl10N 520 - BUILDING PERMITS
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520.3 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 ~ 430 and
~ 450 of this -{Ordtetmee] ~_B.~~.1, within the time period established therein, the
Building Inspector shall act thereon, either approving it or rejecting it, all in conformity with
the provisions of this .[OrdiBa:aee] :..:~.t. 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.
520.4 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.
520.5 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
.............:0......................;.......................::;:
not the provisions of this -{OrdiBaftee] .mll:::.', or any approval made pursuant thereto,
have been or are being complied with.
520.6 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.
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 [Ordmanee] .filii
1'1' 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
iOrdiBaaee] .lii~:~.1 or an amendment thereto, may be completed in accordance with
plans on file with the Building Inspector, provided that such construction is diligently
TOWN OF WAPPINGER ZONING LAW ARTICLE V - ENFORCEMENT &: ADMlNIsrRA1l0N
SEcnON S20 - BUILDING PERMITS
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prosecuted and the "building" is completed within two (2) years of the adoption of this
{OfdiBaBee] __ or an amendment thereto. H any of the requirements shall not
have been fulfilled within the prescn"bed period, or if the "building" operations are
discontinued for a period of six (6) mo~ths, any other construction shall be in conformity
with the provisions of this {OrdHHmee] __.
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ARTIQ.E V - ENFORCEMENt &: ADMINISTRATION
SECTION S30 - OCCUPANCY
Section 530 - Certificate of Occupancy
530.1
General Rule
It shall be unlawful for an owner to "use" or permit the "use" of any "building" 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 P..~~.P':?,~~.~..:.::~~e" thereof are in complete
conformity with the provisions of this -{OraHulftee].I!lI~::Jlw. It shall be the duty of the
Building Inspector and Zoning Administrator to issue a certificate of occupancy provided
that tfte) ill>> is satisfied that ili "building" and the proposed "use" of the "building" or
premises conform with all the requirements herein set forth.
530.2
Continued Conformity Required
A certificate of occupan9' shall be deemed to authorize and is required for both initialj
-f&ftEij continuedlfiilliiSJ occupancy and "use" of the ''building'' or land to which it applies
-f;-eBtij~:::l~l 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-{tlHs OrdiBanee] [1i1l:lilil:::I1I::and any
requirements [iB respeet ta 8:BY "stmetlire" ar IB::Btt, er the "use" thereof, the eertifieate shaR
530.3
Existing Structures
The Building Inspector shall maintain a record of all certificates, and copies shall be
=~:~:::e::::~pon request, to any -{penea] Miiln having a proprietary interest in the '~uilding"
mIfttt.O~~ affected. Upon wntten 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 certificate of occupan9' for any ''building'' or premises existing at the time of enactment
of this iOrdinaBee] :.titil:i:.', 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 [OraiBtJ:ftee] :..;:::11".w
183
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TOWN OF WAPPINGER. ZONING LAW ARTICLE V - ENFORCEMENf &: ADMINISTRATION
SECIlON 530 - OCCUPANCY
184
Revised 9/6/96
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. Wit. .:...:::....-.w.-:<<Y>>>:>>..N. ........:.:.....:.;.:...^.......................:-i.~~
TOWN OF WAPPINGER ZONING LAW ARTICLE V - ENFORCEMENT &: ADMINISTRATION
SEcnON S40 - FEES
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Section 540 . Fees
540.1 Fee Schedule and Reimbursement of Professional Review Fees
540.1.1 All nonrefundable application fees shall be in an amount set forth in a fee
schedule which may be amended from time to time by resolution of the Town
Board. No fees shall be required from the Town or any of its districts.
540.1.2 Reimbursement of Professional Review Fee~... .~~ 'J;'~~. ~~~~~...~~.. ~lanning
Board, .I.o..a.dJ the Zoning Board of Appeals f'iW.~_&tm.gt in the
~ ~~"'..>":o;.-:<<.:y;.-.<...>>"..:.:-:-:.>>:-:.:-:-:-:->>"..;..;.:.:.:-:-x.x-:.. ;.;.;.;.:.:-:.:.:.:.:.:.:-x'
review of any application presented to it, may refer such application to a planner,
engineer, environmental expert, legal counsel and/or other professional as such
Board _1 shall deem reasonably necessary to assist it in the review of such
application. The applicant shall reimburse the Town for the cost of such
professional review services in accordance with ~ 540.1.3.1 herein concerning the
establishment of escrow accounts. The payment of such fees shall be required in
addition to any and all other fees required by this Zoning Law, or any other State
or local law, ordinance or regulation.
540.1.3 Escrow Account Procedures.
540.1.3.1 At the time of the submission of any application and prior to its
review by the Town Board, the Planning Boardj -fet'l the Zoning
.~~~~ of Appeals lIj~lIiI.i.I~I.IB.t, the approving agency;1
Rlit shall require the establishment of an escrow account, from
which withdrawals shall be made to reimburse the Town for the cost
of professional review services. The applicant shall then provide
funds to the Town for deposit into such account in an amount to be
determined by the approving agency based on its evaluation of the
nature and complexity of the application. The applicfUlt shall be
provided with copies of the Town vouchers for such services as they
are submitted to the Town. When the balance in such escrow
account is reduced to one-half (1/2) of the full escrow deposit
amount, the applicant shall deposit additional funds into such account
to bring its balance up to one hundred percent (100%) of the amount
of the full escrow deposit, or to some lesser amount as deemed
acceptable by the approving agency to complete the review of the
application. H such account is not replenished within twenty (20)
days after the applicant is notified in writing of the requirement for
such additional deposit, the approving agency may suspend its review
of the application. A "building" permit or certificate of occupancy
shall not be issued unless all professional review fees charged in
connection with the applicant's project have been reimbursed to the
Town. After all pertinent charges have been paid, the Town shall
refund to the applicant any funds remaining on deposit.
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Revised 9/6/96
TOWN OF WAPPINGER. ZONING lAW ARTICLE V - ENFORCEMENT &: ADMINISTRATION
SECllON S40 - PEES
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540.1.3.2 In the event that a Positive Declaration is made in accordance with
the New York State Environmental Quality Review Act (SEQRA)
regarding the subject application, the reimbursement procedures
provided in SEQRA may be substituted for those established in
accordance with ~ 540.1.3.1 until after completion of the SEQRA
process. In this event, after all pertinent charges have been paid, the
Town may refund to the applicant any funds remaining on deposit in
the basic escrow account established in accordance with ~ 540.1.3.1
minus one hundred dollars ($100), so as to maintain said escrow
account with the Town. All reimbursements of the costs of
professional review fees incurred subsequent to making a Positive
Declaration and necessary for the preparation or review of an EIS
shall be made in accordance with the procedures established under
SEQRA. Upon the completion of the SEQRA process and for the
continued review of the application which is not directly related to
the preparation or review of an EIS, the applicant shall replenish the
basic escrow account with a deposit in an amount deemed necessary
by the approving agency, but in no case in an amount greater than
the full escrow deposit amount originally established by the approving
agency. All subsequent reimbursements and refunds shall be made
in accordance with ~ 540.1.3.1.
540.2 Collection of Fees
All required fees shall be collected.by the Clerk or Secretary of the board [liMIU having
jurisdiction over the application.
186
Revised 9/6/96
TOWN OF WAPPINGER ZONING LAW ARTIa.E V - ENFORCEMENl' &: ADMlNlSI'RATION
SECllON SSO - SEQR COMPLIANCE
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187
Revised 9/6/96
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ARTICLE VI - AMENDMENTS
ARTICLE VI . AMENDMENTS
Section 600 . Amendments
600.1
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 Local Law in the manner
provided by ~ 264 of the Town Law.
All petitions for rezoning shall contain a metes and bounds description of the property to
be rezoned as well as the names and addresses of all adjacent and abutting property owners.
The petition shall be submitted by the owner and shall describe in detail the reasons for the
requested zoning. The Town Board may require the submission of such additional
information as it deems appropriate. An application fee shall accompany each such
application in an amount set forth in a fee schedule which may be amended from time to
time by resolution of the Town Board. The Town Board shall require the establishment of
an escrow account deposit in accordance with ~ 540.1.3 herein to reimburse the Town for
the professional review fees charged in connection with the review of the application.
600.2
_iiffil_:\:B~Planning Board [Kevk"K)
Every suS~....P.E2P.2~~~g~=~.~~~~t ..~EN~~~%i'Jwhether initiated. by the Ttr;.'R B08:fd or by
>~titien] M!!.tfliliiet.;:=:..:, ....:::~;:;:~:....~l~il, shall be referre<!.~~<*~.~..~lanning Board for
. report thereo~ [Before]: :'v;.. .,:, the public hearing{previded]~lmiltl by the Town Law.
In recommending the adoption of any such proposed amendment, the Planning Board shall
state its reasons for such recommendation, describing 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 ~ 100 of this [OraHumee]
~_.,. In reco~ending theirejeetion or reYisiaa]_ill!\:BilB of any
proposed amendmen, the Planning Board shall similarly state its reasons. -[Ne ameBdment
af tftis OrdiBftfiee, af whate~;er Bfttltfe that Has Bot been approved by the PlImning B08:fd,
sha:ll be adepted, exeefJt by at least a twe tlHrds (2/3) "late of the TO'llB Beard, where
rejected by a two thires (2,'3) vote ef the Plftftfl:iRg Be8:fd, provided tHat failHre DB the part
of the PlftftftiBg Be8:fd to reper{ to the TO'lm. Be8:fd its reeaftlffieBdatioBS en MY prapesed
amendmem: iftitiated by petition ar by resellitian af the TO';m Be8:fd -.vithm fmty five (45)
. .. . .
188
Revised 9/6/96
ARTICLE VI - AMENDMENTS I
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TOWN OF WAPPINGER ZONING lAW
:'~~:ii'I..pf.l1.l.1:il.iPflgP.ii:~I:i!:!.li1i9.i:i.i::ii.ii:1illl1mil:l..IIi.
600.3
.Dutchess County Department of Planning and Development Review
.1.~]r__III:iI~11111~J_iliiIilI~9.l
600.31fll
600.3~
The boundary of any State or County park :1:i1.IgtlirI1Iilg!!~Qtlii;
The right-of-way of any l..11!!gIIiIEili[1ilal!!iiiiii:State road, i.lii
parkway~.lij or expressway;
600.3.3[3]
m
TheBililliiliif.illiiD right-of-way of any stream or drainage channel owned
by the County or for which the County has established channel lines; -ftmtij
600.3~~
The iEl_lriB.i!i!:i!a_ boundary of any County or State owned land on
which""a"""p~biic""""";",,~iidhig;;""""or institution is locatedf.}j.l11gr
~ ~
600.4
Additional Notification
......~~~~
lying " within fi~~":":iiiiiiar;d"(500) feet of the boundary of any municipality, the Clerk of said
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TOWN OF WAPPINGER ZONING LAW
ARTICLE VI - AMENDMENTS
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municipality shall be notified thereof at least ten (10) days prior to the public hearing at
which such matter is to be considered.
600.5 Proposed Amendments
Whenever the Town Board, by resolution, authorizes a public hearing on a proposed
amendment to tbisfOrdiBeBee) _, 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 land or "building" in any manner that would be
contrary to the provisions of the proposed amendment.
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Revised 9/6/96
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