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1996-05-24 l I t t t , a I l I I I I a a I I I I ~~ FREDERICK P. CLARK ASSOCIATES, INC. Planning /Development! Envi ronment!Transportation Rye, New York and South port, Connecticut Oavid J. Portman, AICP Howard I. Reynolds, PE Oavid H. Stolman, AICP 350 Theodore Fremd Avenue Rye, New York 10580 (914) 967-6540 Michael A. Galante Joanne P Meder, AICP MEMORANDUM To: Supervisor Constance O. Smith and the Wappinger Town Board Date: May 24, 1996 Subject: Comnrehensive Zonin2 Law Revisions: Submittal #4 of 4 As requested, we have prepared the attached recommended amendments as part of a continuing comprehensive update of the Town's Zoning Law. 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 l t a L t L r li I L t t , I ~ , ~"' A w l I" I t ~ FREDERICK P. CLARK ASSOCIATES, INC. PI an n i ng I Development! Envi ronment IT ran sportati on 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 submjttal also includes many other general revisions throughout tl1e 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 After the Town Board has made its initial review and comments, the submittal and any recommendations should be referred to the Planning Board for its review and recommendations. Final revisions to the submittal would be made and reviewed in the same manner. Once satisfied with the submittal, 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, AICP David H. Stolman, AICP Attachments (Summary of revisions, revised zoning text, maps and figures) cc: William Parsons, Chairman, and the Town of Wappinger Planning Board Albert P. Roberts, Esq., Town Attorney Joseph E. Paggi, Jr., PE, Town Engineer Donald A. Close, Zoning Administrator Elaine Snowden, Town Clerk 500\ wap6-042.dkw 2 t t L t l ~ t L L I Ii . , Is I t , I , . I a SUMMARY OF ZONING REVISIONS TOWN OF WAPPINGER COMPREHENSIVE ZONING REVISIONS SUBMITTAL #4 of 4 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. Old Route 9. Old State Road and Middlebush Road Rezoning to HM and 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, size of lots, and the relation of the area to New York State Route 9, we have recommended rezoning the properties on both sides of Old Route 9 between the Town line and the intersection with Old State Road, and the properties on both sides of Old State Road, from HO Highway Office and HB Highway Business to HM Hamlet Mixed. We also recommend rezoning the four lots at the four comers of the intersection of New York State Route 9 and MiddlebushjMyers Comers Road from HO and SC Shopping Center to HB. The proposed rezoning area contains approximately 41 lots on which there are approximately 13 residences, 7 offices, 2 vacant retail buildings, 1 industrial building, 1 auto repair use, 1 child care center, 1 existing retail building and 1 cemetery. The balance of the properties are currently vacant. The majority of the lots are less than one acre in size and are currently nonconforming with the lot area requirements and the permitted uses of the HO and HB Districts. Rezoning the Old Route 9 jOld State Road area from HO and HE to HM would achieve the following: . The majority of the lots and uses would become conforming within the HM District; . The HM District would permit a greater number and variety of uses than the HO District; . The HM District would permit a greater development density than either the HO or HB Districts; . The HM District would encourage reuse and conversion of the existing residences on the small lots; . The HM dimensional standards would permit and encourage development of this area as a traditional mixed-use shopping district; 2 I I I I I I I I I I. .J I I I I I I I I · The permitted uses and scale of development within the HM District provide a more appropriate transition than either the HB or HO Districts between New York State Route 9 and the adjacent residential areas; · The HM District and permitted uses are more consistent with the recommendations of the Town's Comprehensive Plan than those of the HO and HB Districts. Rezoning the four lots at the intersection of Route 9 and Middlebush/Myers Comers Road from HO and SC Shopping Center to HB would achieve the following: · The rezoning would permit a greater number and variety of permitted uses for t~e subject properties; · The existing Mobil gas station would become a conforming use and a more conforming lot; · The rezoning would extend and connect the HB Districts on Route 9 to the north and south; · The rezoning would permit uses which are consistent with the recommendations of the Comprehensive Plan; 2. Article 2 - Definitions · Home Occupation definition revised to clarify the maximum number of employees. (Page 11) 3. Article 3 - Establishment of Districts · Made minor wording corrections and clarifications. (Pages 20, 22) 4. Article 4. Section 400 - Regulations · 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. Reduced the threshold for reconstruction of damaged nonconforming structures in accordance with the zoning requirements from 75% to 100% destruction. (Pages 23-29) " II I . , L t , L L L , L L " ~ i, . L I , , ~ 5. Article 4. Section 410 - General Regulations · Open Space Subdivisions - Permitted standard height buildings (2 1/2 stories, 35 feet) and removed minimum separation requirements to allow greater flexibility and design of such developments. (Pages 33-37) · Architectural Advisory Board - Revised to reflect the Planning Board's role as the Architectural Advisory Board. (Page 38) · Fences - Height limited to 4 feet in front yards, 6 feet in side or year yards. (Page 43) · Satellite Dish Antennae - Revised to permit in all districts, limit number per lot ind building, and allow dishes which are less than 2 feet in diameter without a building permit. (Page 47) · 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 corner buildings on corner 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 47-52) · Minimum dwelling unit size requirements deleted. (Page 52) · Floodplain Development - Permitted by site plan approval by Planning Board instead of special use permit approval by Zoning Board of Appeals. (Pages 54-55) 6. Section 420.1. Schedule of Use Regulations - 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 65) · Antennae - Added as permitted accessory use in the Two-Family and Multi- Family Districts. (Pages 67-68) 7. Section 420.2. Schedule of Use Regulations - Nonresidential Districts · Warehousing - Added to the HM District as a special permit use. (Page 72) 3 · Outdoor storage of more than one unregistered vehicle - clarified that the use is an accessory use which is subject to special permit approval by the Planning Board. (Page 72) 8. Section 420.3. Schedule of Dimensional Regulations - Residential Districts (Page 76) · Added minimum lot frontage requirements to all districts (50'). · Increased front yard setbacks for R-I0 District (25' minimum), and R-2F District (35' minimum). · Accessory building side and rear yard setbacks amended to apply to buildings less .!ban 15 feet high and less than 200 square feet in area. · Changed "Building Coverage" to Lot Coverage and adjusted requirements for the multi-family districts. · Added maximum Floor Area Ration (FAR) requirements to the One-Family Districts. · Added missing lot depth requirements. 9. Section 420.4. Schedule of Dimensional Regulations - Nonresidential Districts (Page IlJ · 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). 10. Section 420. District Regulations · Deleted redundant wording, improved and corrected references. (Page 78) 4 I I I I I I I I I ,I I I I I I I I I I L L .$ I L t L L l> . 1 I, . t I , . ~ t I ~ L .' " 11. 12. 13. · Planned Unit Development (PUD) - 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 88-90) Article IV. Section 430 - Special Permit Uses · Added identification of ownership interests to application requirements. (Page 92) Article IV. Section 440 - Special Standards · Accessory Apartments - Added 20,000 square foot lot area requirement and pub~ic hearing posting requirements. (Pages 116, 121) · Professional Office in Residence - Clarified that the maximum number of employees excludes the owner. (Page 121) Article IV. Section 450 - Site Plan Approval · 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 140) · Required identification of ownership interests in adjacent properties and businesses as part of application requirements. (Page 141) · Revised and updated Site Plan Review standards to be more specific and provide more direction for the Planning Board. (Pages 143-145) · Public Hearing - Incorporated New York State enabling legislation time constraints and requirements. (Page 145) · 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 145-146) · Planning Board decision - Incorporate New York State enabling legislation time requirements. (Page 146) · 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, authorized Planning Board to extend approval periods. (Pages 146-147) 5 17. · As-built Drawings - Required, Planning Board can waive. (Page 147) I I I I I I I I I I I I I I I I I I I 14. Article IV. Section 470 - Parking and Loading · No building permit to be issued unless parking and loading are in accordance with an approved site plan. (Page 145) · 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 145) · Size of Parking Spaces - Reduced to 9' X 18' with a 24-foot aisle for standard spaces, other sizes specified for angled, handicapped, employee and senior citiien parking. Dimensional tables and illustrative figures provided. (Pages 146-147) · Landscaping - 10% internal requirement required where more than 50 (instead of 25) parking spaces are required, 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 148-150) · 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 151-153) 15. Article V. Section 500 - Enforcement · Clarified procedure and responsibilities of administrative officials. (Pages 159- 161) 16. Article V. Section 510 - Appeals · Incorporated New York State enabling legislation procedures, time constraints, variance criteria and SEQR compliance requirements. (Pages 161- 167) Article V. Section 520 - Building Permits · Clarified building permit content and administrative official responsibilities. (Page 165-167) 6 L L . I L Ii .. L i L l ~ " l, .. t ~ II II t I , L , 18. Article V. Section 530 - Certificate of Occupancy · 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 167) 19. 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 170-171) · County referral requirements per Section 239 of General Municipal Law updated per current State Law. (Page 171) 500\ wap6-033.dkw.crc 7 t I . I L I L ~"<<< }' 'i ~ " ~ . I . Ii - , L I ~ I I Iii . ~ , The proper~ies in ~he following ~able and figure shall ~e rezoned as shown ~herein: OLD 9 Approximate REZONE Tax Map Size Current New AREA Designation(s) (Acres) Zoninq Zoning SUB AREA 6158-04-531030 1.0 Highway Hamlet Mixed 1 6158-04-519005 2.7 Business (HM) 6157-01-497978 1. 0 of 2.2 (HB) 6157-01-497978 2.2 SUB AREA 6158-04-566044 0.7 Highway HM 2 6158-04-563031 1.0 Office 6158-Q4-560019 1.0 (HO) -- 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 3 6157-02-608885 2.1 6157-02-650897 1.0 SUB AREA 6157-02-648928 1.0 Shopping HB 4 Center (SC) SUB AREA 6157-02-570801 0.1 HB HM 5 6157-02-552790 3.3 6157-02-560769 0.3 6157-02-543765 0.6 6157-02-327745 0.8 of 4.1 6157-02-555747 1.0 6157-02-525730 0.7 of 2.2 6157-02-563724 0.6 6157-02-851803 0.5 6157-02-580777 1.6 6157-02-582726 0.3 ... Village of Wappingers Falls r I'U' ;(j)i ~ r " .., 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 ~,_ PROPOSED REZONING AREA , ;>X?:~ PROPOSED ZONING REVISIONS Town of Wappinger, New York OLD 9, OLD STATE & MIDDLEBUSH ROADS REZONE AREA Ll FREDERICK P. CLARK ASSOCIATES, INC. P I a nn ingl 0 evelopm e n I IEnv Ironm en I 1 Tren S porI a Ii on MAY 1996 Scale: 1" = 800' approx. L L . . L . Ii L ~ - ., Ii t t t l t - Ii I , ~ l1 Ii TOWN OF WAPPINGER COMPREHENSIVE ZONING REVISIONS SUBMITTAL #4 OF 4 The following pages contain the proposed revisions to the text of the Zoning Law. Recommended c~anges are identified as follows: Ii;; and strikeout ideBtify \'lording to be deleted.] Di.I:!Ailll~!llingiii!lir.i!i!~9 SOO\wap6-036.dkw , TOWN OF WAPPINGER ZONING LAW L - L t L ~ l t t ~ t , ~ t t l , ~ ARTICLE II - DEFINmONS 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.:t.IIE.::Ii, [i.iI~ 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 '1unk 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. 11 ~ TOWN OF WAPPINGER ZONING LAW L .~ . L t L t 1 ~ ~ t t ~ a ~ I l L - ARTICLE IV - REGULATIONS SECI10N 400 - APPLICATION OF REGULATIONS ARTICLE IV - REGULATIONS Section 400 - Application of Regulations 400.1 Existing Town Law Violations Where an applican~ person, business firm or corporate entity has received written notification that there is an existing violation of the Zoning R'10ratiumee] or other Town laws concerning the premises, no permit of any type shall be issued, processed, or approved by the Town for said applicant until such violation is cleared and removed to the satisfaction of the appropriate Town agency or resolved by due legal process. 400.2 Conformity Required No "building" shall be erected, moved, "altered", rebuilt or enlarged nor shall any land or "building" be "used", designed or arranged to be "used" for any purpose or any manner except in conformity with all regulations, requirements and restrictions specified in this {OrdiBanee] :19Iiiiiill' for the district in which such "building" or land is located. 400.3 Minimum Requirements In interpreting and complying with this [Ordmanee] ~i..i.;!III, the requirements contained herein are declared to be the minimum requirements necessary for the attainment of the purposes set forth in Article I. 400.4 Conflicting Standards -[Where this Ordhumee requires a greater '.viath or size of "yards" or other open spaees, or a lov..er height of "bw.ldiag", or a fewer oomber of "stories", or a greater percentage of "lot area" to be left uBoeeupied, or othervlise imposes greater restrictioas than reql:lired by aR)' other statute, byla....., ordiBaBee or regulation, the prorRsions of this Ordinance shall govern. Where the provisions of &BY other statl:lte, bylav.,r, ordinaBee or regulation. requires a greater \vidth or size of "yards" or other opeB spaees, or a lower height of "buildiag", or a fewer Bl:lHiber of "stories", or a greater percentage of "lot area" to be left l:lRoeeupied, or othervlise impose gr:~:.~r :;i~ri~:~o~ r~~a~[:B rs~~:re~I:~.~~~"::~~~~:~::iI~:iGi,r~till;:::ajg;~ 400.5 "Non-Conforming Uses" and "Structures" 23 Revised 5/24/96 TOWN OF WAPPINGER ZONING LAW ARTICLE IV . REGULATIONS SECI10N 400 - APPLICATION OF REGUlATIONS I 400.5.1 Continuing Existing "Non-Conforming Uses" :.1::11.... _:~ th fi cti d t f the [0 d ]:ZO........ .:.:. .....:.:.:.......:.:..........:.:................mn.......ftt...IQJ ~na~E~~~ ~ 400.5.2 "Non-Conforming Use" of Land. Where no "structure" is involved, the lawful "non-conforming use" of land may be continued, provided, that: 400.5.2.1 Such "non-conforming use" shall not be enlarged or increased, nor shall it be extended to occupy a greater area of land than occupied by such "use" at the time of the adoption of this [OrdinQnee] \gltii B. 400.5.2.2 Such "non-conforming use" shall not be moved in whole or in part to any other portion of the "lot" or parcel of land occupied by such "non-conforming use" at the time of the adoption of this [OrdinQnee] :11111[:\11'. 400.5.2.3 If such "non-conforming use" of land, or any portion thereof, ceases for any reason whatsoever for a continuous period of more than two (2) years, or is changed to a conforming "use", any future "use" of such land ~.~~~~.......~.~......~~. conformity with all provisions of this _r r\ A' 1 ::r:7::;:;;:::.:...:~:.....:...:..:.:'I::::;i:;;~:.:.:. "[~ruiBanee]_I1,:ng:mMew. 400.5.2.4 No "non-conforming use" of land shall be changed to another "non- conforming use". 400.5.3 "Non-Conforming Use" of "Structures". "Non-conforming use" of a "building" or "structure" may be continued provided that: 400.5.3.1 A {Bon eonforming] "building" or "structure" 111J.::::iin~liI::::B.tlil ~~lIiSilQf.mur:::::ils.e.~ shall not be laced on a different ortion of the :~.................................g............ p p .j'loti.....o.r:....p.arcer.offand occupied by such "use" on the effective date of this Local Law, except that when authorized by special permit of the Planning Board, a "building" containing a "non-conforming use" may be moved to a different portion of the "lot" or parcel of land if the I I I I I I I I I I I I I I I I I 24 Revised 5/24/96 I t TOWN OF WAPPINGER ZONING lAW t t t - L t t ~ ~ t t I, Ii , L I l , ~ 400.5.3.2 400.5.3.3 400.5.3.4 ARTICLE IV . REGUlATIONS SECTION 400 - APPLICATION OF REGUlATIONS Planning Board finds that the new location would result in the "non- conforming use" having less adverse effect on surrounding "uses". '.i:~{.iiii..~ :~~:~~:~~~~~~~~~~!!~!'!~!! of such "use" on the effective date of this Local Law, nor shall any external evidence of such "use" be increased by any means whatsoever, except that when authorized by special permit of the Planning Board, a "building" containing a non-conforming retail or service business "use" may be enlarged or extended to an extent not exceeding fifty (50) percent of the "gross floor area" of the "building" devoted to such non-conforming "use" which Jilin) existed on the date that such "use" became non-conforming u.iideruthe terms of the Town of Wappinger Zoning Law. When the enlargement or extension permitted by this paragraph pertains to a "building" located in a non-residential zoning district, the additional "gross floor area" shall comply with the "yard" requirements contained in ~ 420.4 herein, and the initial and additional "gross floor area" shall comply with all of the other requirements of said section, for the zoning district in which the "building" is located. When the enlargement or extension permitted by this paragraph pertains to a "building" located in a residential zoning district, the additional "gross floor area" shall comply with the "yard" requirements contained in ~ 420.3 herein unless the Planning Board determines that larger setback requirements are necessary in order to protect adjacent residential development, and the initial and additional "gross floor area" shall comply with all of the other requirements of said section, for the zoning district in which the "building" is located. Except in the case of relocation as provided for in ~ 400.5.3.1 herein, such -[non eonformiag] "building" or "structure" :iiiIiBlll::::ii::::111 D1f~i!lD:!iii! shall not be structurally "altered" or reconstructed, except for such "alteration", maintenance and repair work as is required to keep said "building" or "structure" in safe condition. A "non-conforming use" of a "building" may be changed only to i"Qnmtijji~m!.~ [a similai' ef less "non eonforming 1:1se" as d~t~;;I;~~{.:by...:th~ Zoniag BOai'd of ~A..ppeals]. If such "non-conforming use" of a "building" or "structure" ceases for any for a continuous period of more than two (2) years, or is changed Rliilo~~:~~~i~~~:;' ?~:!~i!!i!!~!!f~~'::~I~!!!!~~!'~~ 25 Revised 5/24/96 I I I I I I I I I I I I I I I I I I I TOWN OP WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECTION 400 - APPLICATION OF REGULATIONS maintained is moved any distance whatever, for any reason, then any future "use" of such ''building'' or "structure", and the land on which it is located, shall be in conformity with all provisions of this {OreiBanee]:alll:::lIw for the district in which it is located. 400.5.3.5 Restoration of Damaged "Buildings". [If aay "b\:1ildiag" legally BaB eonfurmiag iB "Hse" shall be destroyee by any means, it may be repaired or reeoflstruetee to the same size and OB the same 10eatioB, ar at tHe laeatiofl speeified for Be'll ''buildiags'' iB tHe distriet iB ';:hieh SHell "Hse" is loeated. All repairs or reeomtmetioB for SHOO "BOfl eoBfurmiRg use" SHall be eompleted 'IAtHiB two (2) years of tHe date 400.5.4 "Non-conforming uses" subject to additional requirements. In order to bring about the gradual conformance of incompatible "uses" to the requirements of this [Ordinanee] :_.:::::11', the following requirements are established: 400.5.4.1 Non-Conforming "Signs". Regardless of any other provision of this [Ordinanee] :gplpgUi:lw, within a period of three (3) years from the ltii:iIIilli::IIJiIi9.Il::::ia6.itiPB date of this -{Ordinance ]11,.::::_, 'e~ery"';;sign;t;hfch"'may""e~isi"as a "non-conforming use" in"'any"'distrl'ct shall be discontinued and removed and/or changed to conform to the standards of said district and of the standards and requirements of any "sign" regulations in effect in the Town at such time. 400,5.4.2 Non-Conforming "Junk Yards". Notwithstanding the provisions of ~ 400,5.1 through ~ 400.5.3, in addition to the requirements set forth in any other Town Ordinance, special ordinance, local law or other ~~~~~~~iiie~ t~~n~~:~~~n:~iliili~.~, :!!i!!~~!:::!:!!!! conforming use" in any district shall, within a period of three (3) iiii:;I:~~~~'!~~:i~~!:~!'rt!!:~!!u~:~~~~~~iS -{OreiB&aee] 400.5.4.2.1 The 'Junk yard" shall be entirely surrounded by a fence or screening at least seven (7) feet high, but not higher than ten (10) feet, and evergreen landscaping, both of 26 Revised 5/24/96 ~ l~ I} ~ I: . - . Ii ~, ':j~~ ,;'1- t t a; I L "" /?~ ;~ l:~ . Ii . .' II I l, 'f " ~ ~ TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SEcnON 400 - APPLICATION OF REGULATIONS which shall be approved by the Planning Board as adequate to provide reasonable protection to the value of the adjoining property. 400.5.4.2.2 The "yards" between the fence or screening and the boundaries of the "lot" shall be "used" only for landscaping and for driveways located at places designated by the Planning board. Landscaping shall be specifically approved by the Planning Board, shall be sufficient to screen the 'Junk yard" and fence from surrounding properties, and shall consist primarily of evergreen planting. 400.5.4.2.3 The height of materials stored within the fenced area shall not be greater than one (1) foot less than the height of the fence. 400.5.4.2.4 No residential "use" shall be permitted on a site "used" for a "junk yards" exclusive of the owner's "dwelling". 400.5.4.2.5 Only one (1) "sign" shall be permitted facing each public "street". "Signs" shall be located in "front yard", shall be no larger than twenty (20) square feet in area, and shall be no higher than seven (7) feet. 400.5.4.2.6 Use of a "junk yard" shall be limited to the storage of materials for salvage purposes, not including unbaled paper or rags, or any other materials which would be a nuisance because of "dust", odor, or fire hazard. "Use" of a 'Junk yard" for the dumping of garbage or refuse shall not be permitted. Burning of any materials within the "junk yard" shall be prohibited. 400.5.f6i Registration of "Non-Conforming Uses". ,~~i}~~)..rirst one (1) year following the effective date of this [Ordinaaee] .1l.i. or of any amendment thereto, the owners of property on which there is a non-conforming, non-residential "use" of land or "buildings" (within the definition of this {OrdiBaBeel..m., or which may be made so by an amendment thereto), shall register such "non-conforming use" by filing, with the Zoning Administrator, a statement of such "non-conforming use". The acceptance of such statements shall not constitute an authorization to operate an unlawful "use": The fi!~!<:2!":'X~:f~~,; registration statement shall constit:ute a violation of the -[OrdlBaBee] ~..J.!~!~.W. If the owner of a "non-conformmg use" shall not so register it, such "use" shall be presumed to have been discontinued unless the 27 Revised 5/24/96 SEcnON 400 - APPLICATION OF REGULATIONS I I I I I I I I I I I I I I I I I I I TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS owner submits proof that the "use" existed legally prior to the effective date of the regulation that made it non-conforming. Annually, the Zoning Administrator may send a questionnaire to the persons who have registered a "non-conforming use", inquiring as to the status of such "use". Such questionnaire shall be sent by certified mail "return receipt requested" to the last addresses available from the filed registration statements. If such questionnaire is not returned within ninety (90) days, the Zoning Administrator shall so record this fact and send a notice to the last address of the owner to the effect that the "non-conforming use" is presumed to have been abandoned or discontinued unless the owner establishes, to the satisfaction of the Zoning Administrator, proof that the "use" has continued. :1!.BI.y[~::::.N on-Confornting:~IY~9.Ii.,~::::::::gl:~~~::~~~~~m9.~qti~tr [Other Than "Use"]. A "building" or "structure" which is conforming in "use", but does not conform to the height, "yard", "b,!i.~:~~:~B:.:~?~:~Eage", parking, or other dimensional.:E~:9.~:~~:7.}~.:.~.~~ of this iOrdiFlance]iapmlg}~~W, shall ~ be considered to begi.m~r.m~gUJ)!lY non-conforming {vAtblnHtheHme9ning of ~ 400.5.1 herein]. iHowever']:I!."liti:i[i! changes :ii:::!illf@l.ip.!t be made on such "building" or "structure" that will result .miil:iiiiii:il'ii~::::iii;9;ii~iii'iijii!I~~I'1111111illtll~:~:[;iJ 400.5.r~" T"ll -{400.5.5.1 For the purpose of this Section, a "lot", and the "building" and "struetures" loeated on it, which was ereated pursuaBt to the provisions of ~ 412.02 of the Town of V/appinger Zoning OrdiRlmee adopted January 29, 1963, which conformed to all of the requirements of that Section, shall not be considered non conf{)rming vAthin the meaning of ~ 400.5.1 herein.] ..I~lllli.ligi:i:li:[:I.gil:::::!!~..fi~~~~ 28 Revised 5/24/96 tiS II t . .. L - it II I, II t t I: .. ~ '"" t ~{ L" -" ~",. ~ . Ii . . l ~ - TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SECTION 400 - APPLICATION OF REGUlATIONS ..~I!~~t:: ." ...,-:. ~~~~:m~~~*;:q. ;!.t..~_~~~:~::.:. :::>>:.--::X-<<-::>>;.:::.:(.;..::;.x..:-:::~::::.::::?:: .-::."~ -- ~-~~ wappzn96\400.doc 29 Revised 5/24/96 &~ . . Ii 'f1 . L" . "':': - I; II .~ . L ~ t ~ . .~ . L t i; Ii I l a ~ TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECfION 410 - GENERAL REGULATIONS 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 -[OrdiBanee] :..:i~. with respect to the existing "building" and all "yards" and other require,f"spaces'IIi connection therewith. 410.1.3 Irregularly Shaped "Lots". Where a question exists as to the proper application of any of the requirements of this {OrdiR9:Bee] :..I~i!1.Iw 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 {OrdinaBee] ill.:i1.l1 shall be applied. 410.1.4 ~illiil.J.) ["Lots" Made NOB Comormi:eg by Being Oversized. A "lot" ...:hieh does not eonform to OB:e or more af the minimum dimensioBal requirements of this Ordhumee Bl::lt would eOtHorm if it '.vere redueed iB size, shall be deemed to Be a eonformt:eg "lot" witlHB the mea.nmg of this OrdiBanee.] 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 ~ 410.16 of this [OrdiBaBee] :Bl1l:i:tI'. 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!.~.9.~!E~.~~!lts for "Flood- Prone Areas" as required in ~ 410.16 of this [Orc:iinaneelBI:i:lil. No Building 29 Revised 5/24/96 TOWN OP WAPPINGER ZONING lAW ARTICLE IV . REGUlATIONS SECTION 410 . GENERAL REGUlATIONS I I I I I I I I I I I I I I I I I I I 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 . bin th . f R. 400 5 5 f h' -(Q e' l .t:::~~~:t:.:.'f,::::~:..... Wit e meamng 0 ~ .. 0 t IS r maBee :+ii9:::+@I. 410.1.7 Existing Undersized "Lots". A "lot", the area or dimensions of which are less than that required for the district in which it lies may be deemed to qualify for the issuance of a Building Permit provided that all the following requirements are met: (See also ~ 420.5.1). 410.1.7.1 The "lot" met the zoning requirements at the time the most recent deed to the "lot" was recorded. 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 [Ordinanee] :.ill:i:::.'. If the owner of such "lot" owns other "lots" contiguous thereto, such other "lots", or so much thereof as may be necessary, shall be combined with the first named "lot" to make one (1) or more conforming "lots", whereupon a permit may be issued, but only for such combined "lots". 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 -[Ordinanee] illaf.!:::.', 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 30 Revised 5/24/96 if, II t '1 . t ~ Ii ~ t t,t .; .' &; L", " \) t L" .":\ -+: 1" Ii ~ L I .> .. Ii I ~ TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECllON 410 - GENERAL REGULATIONS 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 granting [prelimiBary s1:l9di~sioB] lliiifli!i!iBilililt;i 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. 31 Revised 5/24/96 TOWN OP 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, ~ 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 "Lot" Requirements For the purposes set forth earlier in this .[OnliflRflee] :1111::;111 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 "lot" shall have less than the minimum area and dimensions required for "lots" in the next less restrictive residential zoning district to the one in which the property is located. For the purpose of this section, "average density" shall be determined by the number of-[siflgle] 'f,iDiifamily" 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. 32 Revised 5/24/96 I I I I I I I I I I I I I I I I I 'I I li .. t ,"l 11 L ~ L t leii ...~ t Ii Ii ~ L ~ l; I t - ~ t . l~ . TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECTION 410 - GENERAL REGULATIONS 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{Oraimmee]_~i~., 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 Immmum permitted floor area refttlirements] shall be the same as [those]lIiJ normally applicable to other "dwellings" in the zoning districiqln 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 purpose of the Open Space provision of this [ordinance ]:111- BI is to permit the grouping of "[siagle family] dwellings" -feR esiihaele soils] within the variousiuifi4:liijResidential Districtsf;-eH "lots" of a red1:leed size, ana toQQE1istrl'ii1:i:te the open spaee made available by this reauetioFl, to aehieve a design ef SUCR subdi<Asion] 33 Revised 5/24/96 TOWN OP WAPPINGER. ZONING LAW ARTICLE IV - REGULATIONS I I I I I; I I I I I I I I I I I I I I SEcnON 410 - GENERAL REGULATIONS to accommodate residential development in a manner which will minimize the impact of development on open space {iB geBeral, meh:uUBg] iiiDltother important components of the environment {rele~;ftftt to the affeeted area]. 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 [ordinanee] :1I11:i:.1 and other duly adopted standards, to accomplish the 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 [ordinRnee] .1IIt Pt::~::::::: do not result in there being any more ["single family dweliiiigsi') ri : ....~::::}timt.i' than would have been allowed under a conventional :s~bdi;rsioii:.:':.:.:':.: 410.2.3.1.1 Protection of Water. Protection of the ground or surface water, "wetlands", "floodplains", or unique areas of natural or historic significance. 410.2.3.1.2 Soils. Prevent development on soils which would present a special hazard from erosion, slippage, settling, or other characteristics unsuitable for the proposed "use". 410.2.3.1.3 SEQRA. Mitigation of impacts identified through application of either the State Environmental Quality Review Act or Town of Wappinger local law #2, 1977. 410.2.3.1.4 Open Space. Preservation of open space to provide a visual screen or separation between "structures" and places commonly occupied by the public. 410.2.3.1.5 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. 34 Revised 5/24/96 ~ I Ii t'i '";." I, .. ~~~' , lr; . II .~ . t a ., . ~ ~ ~ I ~ l; . a t ~ ~~' w , 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. 410.2.3.2 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. 410.2.3.2.1 Procedure. 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 owners 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 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. If 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 35 Revised 5/24/96 TOWN OF WAPPINGER ZONING LAW 410.2.3.2.2 I 410.2.3.3 Standards. 410.2.3.3.1 ARTICLE IV - REGULATIONS I I I I I I I I I I I I I I I I I I I SECllON 410 - GENERAL REGULATIONS 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. If the Planning Board determines that an Open Space Development shall be required, the Planning Board shall have the right to establish&:) 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 features as may be shown on -faaY] :11 proposed Open Space Development Plan. An application by the Planning Board to the Town Board for authorization to mandate jilt 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. 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 illl:::::: -:Jill) . .. ......:::.:.:::::::.:.:::::::::::::::::.:.:~:..::~::::::::: reqUIrements and the reqUIred "lot" SIzes df::WifU:I"': It ~1~!1~lh~il::Iil~:::::1itp.Piil::i::!~:::::liiliji, purs~iiir':':t:o,x':'r'::::;,i.:1 ~ of the Town Law, provided that: 410.2.3.3.1.1 The "lot" size per -{single] \fihi-family "detached dwelling" is not ....Te.ss 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 36 Revised 5/24/96 ~ TOWN OF WAPPINGER ZONING IAW .~ . ~ ~ I Iii 11 t ~ I ~ I I ~ ~ ~ I ~ ~ - ARTICLE IV . REGUIATIONS SECllON 410 - GENERAL REGUlATIONS 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. 410.2.3.3.1.8 The "front and rear yard" shall not be less than 35 feet. 410.2.3.3.1.9 11111111 [~'\R groups of housing umts shaU Be separated by a miI:J:imum of 100 feet of opea space.] 410.2.3.3.1.10 :IBIEltl -[The minifFRim distance eew/eea the "lot liRe" of any grot:1p of hOl:lsiBg 1:lBitS and sHbdivision property liRe shall 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 IlliI"lot area" -[in any resideBtial district]. 410.2.3.3.1.13 The maximum amount of [impervious :~~~e~U!~'\'I"li~!r~~~tl ~~t: 37 Revised 5/24/96 ARTICLE IV - REGULATIONS I I I I I I I I I I I I I I I I I I I TOWN OF WAPPINGER ZONING LAW SECTION 410 - GENERAL REGULATIONS 410.2.3.4 410.2.3.5 410.2.3.6 410.2.3.7 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 ji..iilltjii!rimint$, ["lot" allowed by this [ordiflance}-fefj :It the district or districts in which such "land isltiiili8 -{simated and conforming to air:.:.:oth~i applieable requirements]. 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. Board of Architectural Review. In reviewing the application for li)j;.ii~ii:~:l';_; th:h=:~~~~~~:r,!'~!~~jl:r!!q~' ~\f.ehIte.etiiraCRe;iiewr.(fe"iermine the suitability of the proposed design and materials, and [the Planning Board] 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. mli.l) -{Consultants. '.J/hen re';iev/ing an application ander the provisions of this section, the PlaIlRing Board may retain independent architeetural or engineering eonsl:lltants. The reasonable fees 8:Rd expenses of sueh consultants shall be paid by the applicant.] 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: 38 Revised 5/24/96 lei Ii L.. ~,':' ~ l,; II - l. II .~ II .~ Ii a ., .. I ~ ~~ ;:,,-{ ,'t( ~' ] ,j i; Ii I 1;1 Ii I;, I ~ .. TOWN OF WAPPINGER ZONING LAW ARTICLE IV . REGULATIONS SECI10N 410 - GENERAL REGULATIONS 410.2.3.7.1.1 A home:gllls 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, shall remain with a home :.niE~ association. All perpetual open space dedicated to permanent preservation shall be recorded directly on the subdivision plat. Re-subdivision of such area is 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 -[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. 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. 39 Revised 5/24/96 TOWN OP WAPPINGER ZONING LAW 410.2.3.7.3 ARTICLE IV - REGULATIONS I I I I I I I I I I I I I I I I I I I SECTION 410 - GENERAL REGULATIONS 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. Home:mMiens Association. Whenever a homeNiE.Ws associatIo'ii':''Is:' proposed, the Town Board shalr':'retafu the right to review and approve the articles of incorporation and charter of said home :iBi.ls 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: 410.2.3.7.3.1 The home [@.is association shall be established ....a:s....-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 :iBiits 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 40 Revised 5/24/96 . II ~ ~ III . - t" ;:;:- t'" _:;;, L I ~ I I t ~ l, .. I ~ L ~ TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECIlON 410 - GENERAL REGULATIONS common land and facilities shall lie with the home :.,1s 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 ii.ips association free of any Implled public dedication. (b) Commit the developer to cony'C?y~~e areas to the home :.if:is association at an approved time. (c) Grant easements of enjoyment over the area to the "lot" owner. (d) Give to the home :a_ms association the right to suspend membership rights for nonpayment of assessments or infraction of published rules. 410.2.3.7.3.6 Covenants shall be established limiting all "lots" to single "family" "use", as stipulated on the approved development plan, and all common lands as perpetual open space. No "structures" may be erected on such common land 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. 410.2.3.7.3.7 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. 41 Revised 5/24/96 TOWN OP WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SEcnON 410 - GENERAL REGUlATIONS I I I I I I I I I I I I I I I I I I I 410.2.3.7.3.8 The home :iEii!s 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 association. The home :iBils 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. 410.2.3.7.3.9 The developer shall assume all responsibili~~~~...'p~eviously outlined for the home :qW!i~;s association until a majority of the "lots" are sold, at which time the home~i.it1s association shall be automatically established. 410.2.3.7.3.10 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 reg~r~~~g all common lands until the home :9.i.~s association is established. The amount 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:.nii!s association in the event of default or non-performance, in the 42 Revised 5/24/96 ... TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SECTION 410 - GENERAL REGUlATIONS ... 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" t ... 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 [Ordinance ].1 III shall be included as any part of the "yard" or open space for any other "building" or any other "lot". L. 410.4.2 Obstructions in "Yards". Ii ! Ii. No "buildings" or "structures", or any projection from "buildings" or "structures" shall be permitted in a required "yard", except as follows: i ... 410.4.2.1 Paved open "terraces" shall not be considered in the determination of "yard" size and "lot" coverage requirements. i.. 410.4.2.2 No "porches" or balconies may project into any required "yard" area. L 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 [Ordinaflee] :.~J.~:::.W shall not be deemed to prohibit any accessory retaining waIt"Ii"orUto' prohibit any fence or wall, provided that walls or fences in required "yard" areas ~~::l i~0~~~~~1Iif.III'iI1111If"I!~~lrdll!'~!~~t:::~!!~~~ ~~a~~ unless that pari'ab"ove"slich"iiaghds"noi""ie'ss than three-fourth (3/4) open construction. L t , L. L t .. 43 Revised 5/24/96 44 Revised 5/24/96 J J J J J J J J .J J j J j j j j J J J TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SECTION 410 - GENERAL REGUlATIONS 410.4.3 "Yard" Requirements on "Corner Lots". On a "corner 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 "corner lot" and the property owner shall elect which ''yard'' is the "rear yard". 410.4.4 Exception for Existing Alignment of "Buildings". If, on one side of the "street" within one hundred and fifty (150) feet of any "lot", there is pronounced uniformity of alignments of the depths of "front yards" 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. 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 The maximum ''building height" limitations of the [Ordinance] :MQIJ:::li.w shall not apply to church spires and belfries in any case, nor to flagpoles, domes,sl1os~Pd1.imneys,ventilators, k I TOWN OF WAPPINGER ZONING LAW ... ARTICLE IV - REGULATIONS SECTION 410 - GENERAL REGULATIONS ,'f ... skylights, water tanks or television antennae, or to similar features and such necessary mechanical appurtenances not "used" for human occupancy provided that: L. 410.5.1 Thellltl.iS!!.j::!!!!pri 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 Ii. 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 L.. 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" L 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. L l ii' i ... 410.8.2 Buffer Requirements. j ... 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: L L. 45 Revised 5/24/96 TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECTION 410 - GENERAL REGULATIONS 410.8.2.1 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. 410.8.2.2 It shall be at least twenty (20) feet in width. 410.8.2.3 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. 410.8.2.4 Where the existing topography and/or landscaping provides adequate screening, the Planning Board may modify the planting and/or buffer area requirements. 410.8.3 Maintenance. 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 "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 ~y~i~tri~t except as permitted and regulated in ~ 440.2, Mobile Parks, of this-[Ordinance] :.11:::1.11. 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] ,jpnitfamily" residence on the same "lot". Such a temporary Certificate of Occupancy shallno'iHbe 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. 46 Revised 5/24/96 J J J J J J ~ J J J J J J J j J J J J .. TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECfION 410 - GENERAL REGULATIONS I ... 410.11 Satellite Dish Antennas * L. [41G.11.1 IB ResidentiaJ Zones.] ... The "use" of satellite dish antennas shall be allowed in all [residential zones] :m~~t.im within the Town of Wappinger, subject to {Building Permit process, provided they meet] the following requirements: .. 410.11.1t1j There shall not be more than one (1) such antenna allowed on any "lot" [pi 'm!y'g.~:::."hi:yi.i::::i!::::lqil:::I~IiI!!'. ...... .... 410.11.fh]2 Such antenna shall be properly mounted, anchored and grounded as determined by the Building Inspector. i.r 410.11.fb}3 The construction and installation of such antennas shall conform to all applicable "building" codes and other regulations and requirements. It.. 41G.11:fhl4 Subject to the provisions contained herein, such antennas shall be located only in the rear ~ &i!i of any "lot". If a useable signal cannot be obtained in the "rear yard", theHantenna may be located in the "side yard" of the property subject to the requirements contained in this [ordinance ]BI::::.w. I.. .. 410.11.fh]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. L ~. ... 410.11.fh]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. t .. 410.11.fh]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. L 41G.11.fh]8 Wiring between a ground-mounted antenna and a receiver shall be placed beneath the surface of the ground. ~. I.. L. 410.12 "Signs" l i- 41G.12.1 Application. '- 1. 47 Revised 5/24/96 TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECTION 410 - GENERAL REGULATIONS J J J J J J ~ J J J J J j ~ J J J J J 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; 'llmggiiir;~g1.~ 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. 410.12.2 Conformity Required. No "sign" [or billboard] shall be erected, constructed, displayed, maintained, moved, reconstructed, extended, enlarged, or "altered" without a permit issued by 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 Special Use Permit Imlst be obtained]. 410.12.4 "Signs" in Residence Districts. {In resideflce districts,] The following "signs"~g~~~....g~p~rmJ~~~q:i.~i:::i[i~~q~~Gi :1!Mt!!t~ {are hereby authorized]: 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. If free standing, the "sign" shall be no closer than five (5) feet from the edge of the paved road or sidewalk, where it exists. 48 Revised 5/24/96 l TOWN OF WAPPINGER ZONING lAW .. ARTICLE IV - REGUlATIONS SECTION 410 - GENERAL REGUlATIONS , L '- 410.12.4.2 Special "Sign" Size and Location. One (1) "For Sale" or one (1) "To Let" "sign" not exceeding six (6) square feet in area and shall be no closer than {five (5)] :~ii::::::I:~g) feet from the edge of the road pavement or sidewalk, wheredh exists. l.. t .. ... 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 :p.Mlli::::mBi8.:::Biiii and then only during business hours. i: '- 410.12.5.2 Animation. No "sign" shall be mechanically animated, such as moving, rotating or revolving. i.. 410.12.6 "Signs" in Non-Residence Districts. ~ ... {(NB, GB, SC, HB, OR, :\1, PI) ~ L. ~\ll "signs" in non residence districts are considered an integral part of a site plan and are subject to the site plan review process. All "signs" must pertain to a "use" conducted OR the same property on which they are located.] L i ... '.;::::IUgmigmii.1Jf:ll~::::e::::pi[w<<!I:::lp.fi9R~Ii~~i!1~;::::liim9t~~ 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'~~....,,~.!E~~!'.:...~.~..~P'?,~..!~~"p~.~~~g j!~i1':':iii~:ii~i::~i::::i!m::j:i.~i~ii~~II'ltlr.~111111IIIIItilt :~Kii~;. provided that: L. L 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". L L 410.12.6.1.2 No "sign" shall face an abutting residential zoning district. ; .. L 49 Revised 5/24/96 TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECTION 410 - GENERAL REGULATIONS j J J J J J ~ J j j J J J J j J ~ ~ J 410.12.6.1.3 The length of such "sign" shall not exceed eighty percent (80%) of the [linear feet] of the "building i1ipg~p" [froHtage oeelipied by the retail or blisiHess outlet]. 410.12.6.1.4 The aggregate area of such "sign" shall not exceed tooe __[;e~r!!i~~:::~~~:n~':,'~~~~: "street" or parkiHg "lot"]orone hundred (100) square 410.12.6.1.5 [The face of such "sign" shall not exceed the foHm'ling width dimension: hvo (2) feet for up to 20 linear feet of "building" frontage; three (3) feet for anything greater thaN 20 linear f'Cet of "building" frontage, whether the "sigH" is oriented either ?ertically or horizontally. The width dimension of such "sign" is de~ined ?y standard orthographi~.....p.~?J.~~!.~.?~........(~...:.7 hel ht Ithlckness 'lAdth len th.)] mBuildiir.:....:llfW'liblt 410.12.6.2 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 exceed [one (1) square foot]i.::~G:} iIY!ti,:iifi1 for each linear foot of "building~ingtP" facing the "stre'et" or twenty-five (25) square feet, whichever is smaller. [.^.. "corner lot" shall be allo-.ved one (1) free standing "sign" of such desigN or construction so as to be viewed from more than one direction.] A free standing "sign" shall not be located closer than twenty-five (25) feet from any front, side or rear "lot line". One additional "sign", ofiP::~qHmi!'qf:..~i~lt [similar] dimension, shall be allowed in the case of commercial development consisting of two ipgii!imqri. "structures" separated by at least 25 feet and located more .ihan....T25 feet from the "front lot line".~~~~t~~gli1..:.~m'.;~ 50 Revised 5/24/96 L TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECTION 410 - GENERAL REGULATIONS L L L 410.12.6.3 Window "Signs". "Signs" affixed to, or placed so as to be visible through a glass surface shall not exceed -[ten percent (10%) ]lIi-ii i!i!l!\::!:~gQfI) of the total glass area [facing a "street" or "parking area" serving tlie retail or business oatlet]. 1 ... 410.12.6.4 Canopy"Signs". One (1) hanging canopy "sign" shall be permitted per retail or business outlet. The "sign :g:~i" shall not exceed two (2) square feet :ili::::liil:::::Di [in area] and shall be placed under the canopy[, eontiguous to the retail or basifless outlet] to identify the :Iiilm entrance. The "sign" shall be hung perpendicular to the front of the "building" and shall not extend beyond the outer edge of the canopy. , l.. L I L. 410.12.6.5 Temporary "Signs". Temporary "signs", portable or fixed, are not allowed except to identify an area of construction or property for sale or rent:9p::!m9P:!:Pf9P'IY. Such "signs" shall not exceed six (6) square feet in area,withqnotmore than one (1) for each "street" "frontage" of the "lot". 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". L L l 410.12.6.6 :~Rls.9) [Conf{)rmity. Any "signs" which will beeome non eonf{)rrning because of the 1985 "sign" ordinance amendment will have 1\vo (2) years from the date of adoption of this amendment in ':lhieh to eonfirm, except for window "signs" 'tvhieh must immediately eonform. ] l ~ L. 410.12.6.7 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. t ... L 410.12.6.8 Animation. No "sign" shall be mechanically animated, such as moving, rotating or revolving. l L 410.12.6.9 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 y~I.1 traffic tflew]. L L 51 Revised 5/24/96 TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SECTION 410 - GENERAL REGUlATIONS ~ ~ ~ ~ J ~ i , J J ~ ~ ~ J J j ~ ~ J 410.12.6.10 Location. No "sign" :gtp.@f::lln:iipP~9Y!I:::lg!ii9Pi~i:ilgjl.i 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 ~on 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 roofed passageway, it shall comply, in all respects, to the requirements of this [Ordinance] :&1:::::111 applicable to the main "building". All other "accessory buildings" shall comply"io"ihe requirements for such "buildings" in the Schedule of Regulations. 410.14 ::IIIIB,=I) [M:iBimum "DwelliBg UBit" Size No IhIildiag Permit shall be issl:led for the eonstruetioB of a new "buildiag" in any zoning district lmless "bailding" plans itldicate that each "dwelling unit" contains at least the reqaired asable floor area as set f-orth in the following schedule: District Minimum Li'lable Floor l\rea R 80 R 40 R20 R 15 RIO 1,200 1,200 1,200 1,000 800 Multi Family Single "Family" RMF3 RMF5 Other Zones 'Nhere 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 52 Revised 5/24/96 L l L TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SECTION 410 - GENERAL REGUlATIONS L incidental to activities otherwise permitted, shall be :PetWl~ip -{made in eontours (vmether submerged or abo'/e ',:ater level), water levels or flow of sl:lch "wetlands" or "water eOl:lrses"] without 1plit review as to the effect of such "alteration" and any related :illtliH::~i.nV fadliiles on water recharge areas, water table levels, water pollution, aquatic ani~~....~~~...'p~.~~~...~~.~~!...~.~.r:n.:P~!.~~!.~....~?~~g~,-...~!.ainage, ~~;~~~:~d ~~~~o:~ ::o;~~~j:!!!;!!~l~~!i'!:~!:jil'llil\i:::::il~ :!pP.f9Ym by the Planning Board [in eonsl:lltatioR ',vith the \lJappiRger Emironmental Council]. L L 410.15.2 Hilltops, Ridgelines and Steep Slopes. L 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 [Ordinance] :Ef!I iiI to prevent the development of hilltops, ridge-lines, and steep slopes;"an:rl toward this end, wherever possible, new construction shall avoid such areas and existing vegetation in such areas shall not be disturbed. The Planning Board, the Zoning Board of Appeals, and the Building Inspector shall take this objective into consideration in reviewing and acting on any plans submitted pursuant to the provisions of this [Ordinance] :M.P~lj:j:ii.i. 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. L I '- l L 410.15.3 Procedure. ~ L, Before granting or denying any request in accordance with this section, the Planning Board: *.i ... 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. L t 410.15.3.2 May request a written report on the effects of such "alteration" by the Soil Conservation Service of the D.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. l 410.16 Standards Regulating Development in "Flood-Prone Areas" L. 410.16.1 Purpose. L 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 L 53 Revised 5/24/96 TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SECTION 410 - GENERAL REGUlATIONS ~ ~ J ~ J .i ,J , ~ j ~ J J J, .: :i ~ j ~ ~ 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". The "Flood-Prone Area" is superimposed upon other districts provided for in this [OrdiFlanee] :Bii.l.::.w. The permitted principal and "accessory uses" for any "lot" in the "Flood~Pr'one"Aiea" shall be the same as otherwise permitted in the district in which it is located. 410.16.4 Delineation of "Flood-Prone Areas". The [laBdward] boundary of the "Flood-Prone Areas" shall be that of the one- hundred year (lOG-year) recurrence interval "flood". 410.16.5 Permits for Development Within a "Flood-Prone Area". Within a "Flood-Prone Area", no "structures" shall be erected, constructed, "altered" or enlarged except [upon. issuance of a Special Permit] :i1::::pi!~::::9.i'::B _i~~CC~~f=~~~dft!.r~ -[provisions sliiirais'o"apply]: .......................... ........................... 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 standards and requirements of this section. 410.16.6 General Requirements. 54 Revised 5/24/96 L TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SECTION 410 - GENERAL REGUlATIONS L L 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 [effieieney] 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. ~. i. L l 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 materials shall be protected against erosion by riprap, vegetation '~~Y.:'~"H?E.....~~!.~?eading to the degree determin~~..~~~.~s.sary by the if11111nglgl::lg!jq [Board of :\ppeals]. If the :1~~m1Ig Board tef Appeals)deterinines that the water-storage capadtY 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. L L l , L. 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 ~i limitations: L L 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. ! L. L 410.16.6.3.1.2 The first-floor elevation shall not be less than three (3) feet above the design "floodplain" water elevation. L. 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. l L l 55 Revised 5/24/96 TOWN OF WAPPINGER ZONING IAW ARTICLE IV . REGULATIONS SECTION 410 . GENERAL REGULATIONS J ~ ~ i Revised 5/24/96 j 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. 410.16.6.3.1.6 Parking garages and parking "lots" shall be permitted below the design "floodplain" water elevation, but all such areas shall have warning "signs" clearly visible that the "parking areas" is subject to "flooding". 410.16.6.3.2 All "structures" within the mean annual "flood" line of the "Flood-Prone Area" shall be subject to the following additional limitations: 410.16.6.3.2.1 Structures shall be designed to cause the least possible impediment to the flow of floodwater and debris, including, if possible, construction with the longitudinal axis parallel to the direction of the "flood" flow and in line with similar "structures" on adjoining properties. 410.16.6.3.2.2 No "structure" meant for human habitation shall be permitted. 410.16.6.3.2.3 No "structure" shall be permitted with walls or other similar features extending below the design "floodplain" water elevation except for necessary supporting columns or piles. 410.16.4 Storage of Materials and Equipment. ;j ~ J J J ~ J ~ J <J J J ";. I ~ 56 1.. TOWN OF WAPPINGER ZONING lAW ARTICLE IV . REGUlATIONS SECTION 410 . GENERAL REGUlATIONS L L I I. There shall be no storage of materials or equipment that are buoyant, flammable, explosive or could be injurious to human, animal or plant life. The storage of other materials or equipment, if allowed in the district in which the property is situated, shall be permitted if not subject to damage by "flood", if anchored to prevent flotation or readily removable from the area within the limited time available after "flooding" warning, and if it will not cause pollution of the stream or river. l 410.17 Beekeeping 410.17.1 Work Experience. L 1.. L All persons starting a beekeeping operation shall have worked with an experienced beekeeper for no less than eighty (80) hours or have an equivalent educational certificate. 410.17.2 Registration. l Each beekeeper shall register his beekeeping operation with the State Department of Agriculture as required by State Law. 410.17.3 Enforcement. L A beekeeper shall not create or maintain an unsafe or hazardous condition to the community. If such a complaint is registered with the Town Zoning Administrator, the Town can request an investigation by the State Bee Inspector or local recognized bee authority, to help render a decision. If the beekeeper is found in fault, corrections or removal must be made in accordance with the inspection report within a sixty (60) day period. 1. ~ 1. ~ " .. 410.18 Architectural and Historical District Advisory Powers 410.18.1 Findings and Purpose. L L The Town Board finds that the economy and quality of life of the Town of Wappinger are affected by its visual environment. The general welfare of residents and of property owners as well as property values and the tax base, are enhanced by natural and man-made features and "structures" of visual and historical value. Excessive uniformity, dissimilarity, inappropriateness or poor quality of design in the exterior appearance of "buildings" erected in any neighborhood adversely affects the desirability of the immediate area and neighboring areas for residential and business purposes or other "use" and by so doing impairs the benefits of occupancy of existing property in such areas, impairs the stability and value of both improved and unimproved real property in such areas, prevents the most appropriate development of such areas, produces degeneration of property in such areas with attendant deterioration of conditions L l L L 57 Revised 5/24/96 SEcnON 410 - GENERAL REGULATIONS j ~ J j J ~ A , 4 j J J 'J i f I ~ Revised 5/24/96 , TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS affecting the health, safety, comfort and general welfare of the inhabitants thereof, and destroys a proper relationship between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this Local Law to prevent these and other harmful effects of such exterior appearances of "buildings" erected in any neighborhood and thus to promote and protect the health, safety, comfort and general welfare of the community, to promote the public convenience and prosperity, conserve the value of "buildings" and natural and man-made features and encourage the most appropriate "use" and development of land within the Town. Accordingly, the Town Board of the Town of Wappinger hereby finds that it is in the best interests of the citizens of the Town of Wappinger and protective of their health, safety, economic and general welfare to authorize the Planning Board to have architectural and historic district advisory powers, as hereinafter set forth, in order to accomplish these purposes and insure proper protection and development of the visual environment of the Town of Wappinger, and to otherwise confer upon the Town of Wappinger Planning Board the powers and authority previously conferred upon the Architectural and Historic District Advisory Board as originally authorized by Section 428 of the Zoning Law of the Town of Wappinger, adopted on December 1, 1986. 410.18.2 Advisory Functions of the Planning Board. 410.18.2.1 Review Authority. The Planning Board shall have the authority to recommend approval, approval with conditions, or disapproval of plans on the following matters: 410.18.2.1.1 National Register and Locally Designated Properties and Districts. Plans for construction "alterations", additions or restoration, located in Federal, State or locally designated Historic Districts or located on the same property as individual "structures" listed on the National Register of Historic Places, or determined to be eligible for listing on the National Register of Historic Places by the State Office of Parks, Recreation and Historic Preservation, or locally designated by the Town of Wappinger as significant historic "structures". 410.18.2.1.2 Site Development Plans. Site development plans before the Planning Board for review, relating to Industrial, Commercial, Office, Multi-Family, and ~ .. 58 1. TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECTION 410 - GENERAL REGULATIONS L "Mobile Home Park" development, and open space development. L 410.18.2.1.3 Special Permit Uses. Applications for special permit "uses" in all districts. L 410.18.2.1.4 Signs. Plans for construction or erection of "signs". l 410.18.2.2 Reports. The Planning Board may, on its own initiative, issue reports recommending programs or legislation in the interest of preserving or improving the visual environment. 1. 410.18.3 Procedures. ~ L. Whenever Architectural or Historic District Advisory Powers are invoked pursuant to this section, the Planning Board may request such additional information from the applicant as is necessary to enable the Planning Board to review the proposed project. Essential plans and information shall include, but not be limited to: '0 L L 410.18.3.1 Applications. 410.18.3.1.1 Planning Board File. L 410.18.3.1.2 Building Department File. Building Department files on the subject property and adjacent properties. L. L.. 410.18.3.1.3 Plans and Elevations. Scale plans and elevations showing the nature of construction and the materials to be incorporated in the exterior of the project. ~ ... 410.18.3.1.4 Site Plans. A site plan, at appropriate scale, showing information required by ~ 450 of the Zoning Law. L 410.18.3.1.5 Renderings. Three-dimensional sketch or rendering illustrating significant aspects of construction and exterior design, when deemed necessary and requested by the Planning Board and at a scale deemed appropriate by the Planning Board. L L 410.18.3.2 Preliminary Design and Meeting with Applicant. Applicants shall be encouraged to submit preliminary designs for Planning Board review and comment prior to final design submission. The applicant shall l ... L L 59 Revised 5/24/96 TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SECTION 410 - GENERAL REGUlATIONS further be given the opportunity to discuss the proposed plans with the Planning Board at a special workshop meeting prior to submission of formal plans. 410.18.3.3 Site Visits. Insofar as is possible, whenever deemed necessary by the Chairman of the Planning Board, members of the Planning Board shall visit the site of proposed construction. 410.18.4 Standards for Review. In conducting its review, the Planning Board shall evaluate the proposed architectural and landscaping plans in accordance with the following standards. 410.18.4.1 New "structures" should be constructed to a height visually compatible with the "buildings" and environment with which they are visually related. 410.18.4.2 The gross volume of any new "structure" should be visually compatible with the "buildings" and environment with which they are visually related. 410.18.4.3 In the "street" elevation(s) of a "building", the proportion between the width and height in the facade(s) should be visually compatible with the "buildings" and environment with which it is visually related. 410.18.4.4 The proportions and relationships between doors and windows in the "street" facade(s) should be visually compatible with the "buildings" and environment with which it is visually related. 410.18.4.5 The rhythm of solids to voids, created by openings in the facade, should be visually compatible with the "buildings" and environment with which it is visually related. 410.18.4.6 The existing rhythm created by existing "building" masses and spaces between them should be preserved, insofar as practicable. 410.18.4.7 The materials "used" in the final facade(s) should be visually compatible with the "buildings" and environment with which it is visually related. ~ ~ J, J j j ~. . j ,1 J ~ J j j j ~ I . rj J 60 Revised 5/24/96 L TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECTION 410 - GENERAL REGULATIONS L L 410.18.4.8 The texture inherent in the facade should be visually compatible with the "buildings" and environment with which it is visually related. ! i. 410.18.4.9 Colors and patterns "used" on the facade should be visually compatible with the "buildings" and environment with which it is visually related. L 410.18.4.10 The design of the roof should be visually compatible with the ''buildings'' and environment with which it is visually related. L 410.18.4.11 The landscape plan should be sensitive to the individual ''building'', its occupants and their needs. Further, the landscape treatment should be visually compatible with the "buildings" and environment with which it is visually related. .. 410.18.4.12 All "street" facade(s) should blend with other "buildings" via directional expression. When adjacent "buildings" have a dominant horizontal or vertical expression, this expression should be carried over and reflected. L 1.. L 410.18.4.13 Architectural details should be incorporated as necessary to relate the new with the old and to preserve and enhance the inherent characteristics of the area. L 410.18.4.14 The setback of the "building(s)" from the "street" or property line, and the other "yard" setbacks, should be visually compatible with the ''buildings'' and environment with which it is visually related. L 410.18.4.15 "Signs" should be of a size, scale, style, materials and configuration and illumination that is visually compatible with the "building" to which it relates, and should further be visually compatible with the buildings and environment with which it is visually related. ~ 1. 410.18.5 Findings. .-},.. ~ .. The Planning Board may make the following findings: \. L 410.18.5.1 Recommended. This finding shall be indicative that the plan will not be detrimental to the visual environment, meets the standards i ... L. L 61 Revised 5/24/96 62 Revised 5/24/96 i J J J J ,<J . J \. . Ii j J J ~ ~ j ~ j j J TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SECTION 410 - GENERAL REGUlATIONS required by the Town of Wappinger, and may proceed through the normal approvals process. 410.18.5.2 Recommended with Conditions. This finding shall be indicative that the plan will meet the standards of the "Recommended" category with modifications or conditions. If the suggested modifications are made, the plan shall be deemed "Recommended". 410.18.5.3 Not Recommended. This finding shall be indicative that the plan is found to be detrimental to the visual environment and beneath the standards of design required by the Town of Wappinger and cannot be rendered acceptable by the imposition of conditions or modifications. The disapproved plan shall be returned to the referring agency accompanied by a written explanation of the reasons for the disapproval and the basis for the finding that the plan cannot be rendered acceptable by the imposition of conditions or modifications. 410.18.6 Report of Findings. Anytime the Architectural Review and Historic District Advisory Powers are invoked pursuant to this section, the Planning Board shall report its findings and recommendations to the applicant or to the referring party in writing, within thirty (30) days of the Planning Board's determination to invoke the powers being set forth herein or within thirty (30) days of a receipt of a referral. Copies of such reports are to be distributed by any referring party to any agency of the Town of Wappinger concerned with the project under review. 410.18.7 Substantial Change of Approved Plans. Any substantial change in siting or in the exterior appearance of any approved project may be subject to review and reconsideration by the Planning Board at the discretion of the appropriate referring agency or the Planning Board. 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. L TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SEcnON 410 - GENERAL REGUlATIONS , .. 410.19 Storage of Gasoline l ... 410.19.1 No storage of gasoline for "use" in motor vehicles or other motors shall be permitted in any residential zones. l 410.19.2 This section shall not apply to temporary storage of gasoline in portable containers having a capacity less than five gallons. L wappzn96\410.doc 1.. l '- L l. ! i.. , \., ~. f 1. I.. l r ... L L L L L 63 Revised 5/24/96 J ," I 4 4 j j J ~ , ~ J J j ~ J .J . 4 II ~ ~ i. TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SECllON 420 - DISTRICT REGUlATIONS L Section 420 - District Regulations 1 L. 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. L L ~ .. l. L L i.. L f L. } ... L L ,. 1. L 63 Revised 5/21/96 r"'''''' r'~' r" r'" r"P r- r""' r'''"' r"'" r"" r"" reg r""" r r- r- r- f'- 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 RMF-3 USES R-10 R-2F RMF-5 10. "Family day care homes" . ~ PR PR SA :.::;::.:::~ :.:.:.:.:.:.: 11. Guest houses and caretaker "dwellings" (~ 440.12). SPU SPU SPU 12. Temporary "structures" on construction sites (~ 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 (~ 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 (~ 440.8). SPU SPU SPU 17. .Private schools' and colleges (~ 440.9). SPU SPU SPU 18. Libraries, 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 (~ 440.28) SPU FARM AND ANIMAL RELATED 20. .Farm uses. including accessory farm produce stands, nurseries and .greenhouses. (~ 440.6). SPU I SPU SPU 21. Temporary outdoor stands for the sale and display of field and garden crops (~ 440.10). SPU SPU SPU 22. Riding academies and .commercial stables. (~440.25). SPU 65 Key: PP - Permitted Principal Use; PA - Permitted Accessory Use; SPU - Special Permit Use. 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 RMF-3 USES R-10 R-2F RMF-5 33. Professional office 'uses' in a residence (~ 440.5). SPU 34. Studio 'uses' in a residence (~440.5). SPU 35. "Home occupations" . PA UTILITIES 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 unregistered vehicle owned by the residents of the premises provided such trailer, boat, or other single unregistered 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 unregistered vehicle SPU owned by the residents of the premises, provided such trailers, boats, or other unregistered 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 (~410.5). PA II 1.1 67 Key: PP - Permitted Principal Use; PA - Permitted Accessory Use; SPU - Special Permit Use. ....., " c.,.,. L.. .'~~ ~.t, ~T' .. ~~. ~ic(~. a.-L.... -- -~. ~", ~.... _11 .~, ,,"'It .... "''''''"'' .."W~ .... -.' r"'''"' r-" ,~'~' r- r r"- r"'" r""- r'" r"'" r"'" r"W r"'" r' r- r-' r"'""" r-' 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 RMF-3 USES R-10 R-2F RMF-5 42. 'Satellite receiving antennas' (~410.11). PA II III 43. Any 'accessory building' or 'use' determined by the Planning Board to be customarily incidental to a permitted 'use'. PA PA PA 44. 'Signs' (~410.12). PA PA PA MISCELLANEOUS 45. Off-street 'parking areas' (~ 470). PA PA PA 46. Exterior lighting (~410.6). PA PA PA 47. Bus passenger shelters. SPU SPU SPU 500\wap6-360.dkw 5/21/96 68 Key: PP - Permitted Principal Use; PA - Permitted Accessory Use; SPU - Special Permit Use. r-<' r-< r <'-< r r-~' r- r'" r' r'<< r'" r r" r- r."'" r-" r-' r- r- r SECTION 420.2 SCHEDULE OF USE REGULAnONS - NON.RESIDENnAL DISTRICTS tCont'd.) DISTRICTS USES HB MU HM NB GB CC SC HO HD COP AI PI PUD' AERONAUTICAL 33. Municipal airports including aircraft sales or rentals and aviation related PP flight, ground and/or maintenance schools. WAREHOUSE AND STORAGE 34. Warehousing (not self-storage) on a minimum 'lor of 2 acres. PP 111 PP PP PP PP PP 35. Self-storage rental warehousing on a minimum 'lor of 2 acres. SPU SPU PP 36. Contractor's lumber supply yard and wholesale lumber sales (~ 440.19). SPU 37. Contractor's office, storage and sale of construction materials, supplies SPU PP PP PP and equipment, Including plumbing, electrical and similar contractor's establishments, provided any outdoor storage is suitably screened in accordance with ~ 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 recreational PA vehicle, or one (1) boat, or one (1) other single unregistered vehicle, provided such trailer, boat, or other single unregistered 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 SPU home' trailer, boat, or other unregistered vehicle, provided such trailers, ~ts, or other unregistered vehicles .tg~Mfill_J!fj!i~ ~ are effectively screened from adjoining properties. Such storage area shall comply with all minimum 'Yard' setback requirements for 'buildings', but in no case shall storage be permitted in the 'front yard'. AUTOMOnVE 40. 'Repair garages' (~440.21). SPU SPU SPU SPU SPU SPU 41. 'Gasoline filling stations' (~44O.3). SPU SPU SPU SPU SPU 42. Motor vehicle sales establishments (~ 440.18). SPU SPU 72 Key: PP - Permitted Principal Use; PA - Permitted Accessory Use; SPU - Special Permit Use. J J ~ .i J J J ~ ~ i ~ J j J J 4 J ~ J r"' r~' f''''' r- r r- r=" r F" r r' r"'" r''''~' f'-" r'" r r""W""" r'" r g 420.3 SCHEDULE OF DIMENSIONAL REGULATIONS - RESIDENTIAL DISTRICTS' DISTRICT ROO R40~ R40 R20/-W R20 R15 R10 R-2F RMF-3 RMF-5 Minimum " Lot Area" (square feet, unless noted) 80,000 - 40,000 - 20,000 15,000 10,000 15,000 - - . with public water & sewer -- 40,000 -- 20,000 - - - - 15,000 15,000 . with public water or sewer - 60,000 - 30,000 - - - - 15 ac. 10 ac. . without public water & sewer -- 80,000 -- 40,000 - - - - 15 ac. 10 ac. Minimum "Lot Width" (feet) 200 - 2 125 - 2 100 85 60 85 100 100 Minimum "Lot Depth" (feet) 200 - 2 125 - 2 125 100 80 100 150 150 M@ool.m(t~mttft9.iimii1.1 ~ ~ M ~ ~~ ~ ~Q m.l m M Maximum "Density Units" Per Acre -- - -- - -- - - - 3 5 Minimum "Front Yard" (feet) from: . County/State highway 75 75 75 75 75 75 75 75 75 75 . centerline of other "street" 75 75 75 75 60 60 ~~ 60 75 75 . "front lot line" of other "street" 50 50 50 50 35 35 ~ f25tll 50 50 Minimum "Side Yard" (feet) 40 40 25 25 20 15 12 15 50 25 . "accessory building" <15' high ~~M~::!f 10 10 10 10 10 5 5 5 10 10 Minimum "Rear Yard" (feet) 50 50 50 50 40 30 25 30 50 50 . "accessory building" <15' high i.j~M~Q!til 10 10 10 10 10 5 5 5 10 10 Maximum "Building 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 3/35 3/35 Maximum "[8"ilningll#l Coverage" (percent) 10 10 12 12 15 20 25 20 ~ !1SJ. Maximum "FloorArea Ratio" H'fW: Hq,W: ~i1~:: H4'J~:: Ho.;l~m HM:: Ho.;gf:: 0.3 0.3 0.45 CPlaRi Qf d9"'i"QP~9Pt iR all dirtr:ktf ~'''.t t'QRfQ~ tQ tRv fQIIQwiRg i'i'('tiQRr' ~ 410 lJ '? (8"ftpr ^r'i'u): ~ 41015 (lJI'9tlaRdli J ~99p c;IQP9i): ~ 410 1~ (FIQoo:t PrQR9 ^r9u): ~ 470 (Otl Stro9t PaRdRg aRd L9adlRg} 1 2The purpose of these districts is to allow the development at a higher density when public (or common) and/or water supply is used. The following "lot widths" and yard requirements are required: Minimum "Lot Area" Mininum "LotWidth" Mii.1.i.i.iJ,fg~t Minimum "FrontYard" Minimum "Side Yard" Minimum "Rear Yard" (square feel) (feel) ~@Q (feel) (feel) (feel) 80,000 200 gqg 50 40 50 60,000 150 lM 50 30 50 40,000 125 j:~~ 50 25 50 30,000 115 :tts 40 20 45 20,000 100 l~ 35 20 40 (Revised 5/2'/96) 76 S 42004 SCHEDULE OF DIMENSIONAL REGULATIONS - NON-RESIDENTIAL DISTRICTS DISTRICT HM NB GB CC HB MU1 SC HO HD COP AI PI Minimum o Lot Area" (acres, unless noted) _2 - 15,000 sf 1 2 2 10 1 5 ~ 2 5 Minimum o Lot Width " (feet) 50 100 200 100 150 300 500 150 300 500 200 300 Minimum o LotDepth0 (feet) 80 100 150 100 200 300 500 200 300 500 200 300 Minimum "StreetO "Frontage" (feet) 50 100 100 100 150 300 300 150 300 300 150 150 Minimum "Front Yard" (feet) from: . County/State highway 75 75 75 75 75 75 75 75 75 75 75 75 · centerline of other "street" 40 50 50 fSOP.'Ji 75 ~ 125 75 fW}1.~ ~1~ 125 125 . "front/ot line" of other "street" 15 25 25 f2St~ 50 ~?~ 100 50 50 ~1~ 100 ~1~ Minimum "Side Yard"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 Yard"4 (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 "Building 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 "FloorArea 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 ~:: Minimum Landscaped Open Space 50 25 25 60 25 25 25 25 25 60 25 ~~: Minimum Parking Setback (feet) from: . "front/ot 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. 2Minimum "lot area" per '~~~rMll&Hfi.ilOOij [r:9tidl1Rtial]unit" = 25,000 square feet, unless served by central sewer system consistent with Town water and sewer management plan, in which case the requirement is redi.iceinCi 1o;OOifsquare feet per ~W1.~!!if9.W~1f!ti.9 unit". 3Where a lot abuts land in a residential district, the most restrictive side yard setback requirement of either district shall govern. 4where a lot abuts land in a residential district, the most restrictive rear yard setback requirement of either district shall govern. wappzn96,1v4204.dkw (Revised 5124/96) 77 _.~ &~ ".. L~'h L. . a",.. ~'" '"'.... a~ a.,. ..,~ ...... tin . 'Ill f-. .. ,~",," ,,- , ... ....... '- TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECTION 420 - DISfRICT REGULATIONS L 420.5 Multi-Family Residence District L In an R-MF District, all multi-family "uses" shall be subject to site plan approval in accordance with ~ 450 of this {OrdiFlaFlee] ili..::I\1I1 and the following special requirements: .~. .. 420.5.1 Minimum Site Area. L -{The "lot" l:lpon weieh s1:leh "dwelling l:lmts" shall be eonstrueted shall have an area af Rete less tHan fifteen (15) aeres iR tHe R MF 3 Distriet aHa tea (10) aeres in tae R MF 5 Distriet, exeept wheFlloeated withiR and served by a public water aFld sewer distriet of tHe TOWB of \l/appiager, in '.vl1ieH ease the mimmum "lot area" shall be 15,000 square f-eet.] Section 410.1.7, Existing Undersized Lots, does not apply to Multi-Family Residence Districts. L . .. 420.5.2 Water and Sewerage Facilities. ~ 1.. 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. L. \ ~ L 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. i: L. L 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. 1 .. 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. L ~ t.. ~. ! i. L 78 Revised 5/21/96 TOWN OF WAPPINGER ZONING IA W ARTICLE IV - REGUIATlONS SECTION 420 - DISTRICT REGUIATlONS J J J J J J ~ J." :o., j ~ ~ J ~ J J ~ j" f:i '!". J ~ 420.5.4 Required parking. Parking spaces shall be provi9~:~,:,:i,,~:,:,~~,~~,er and design according to the provisions of ~ 470 of this -[OrdiaaBee] :..1:::.". 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 basic policies and objectives as set forth in the adopted Town [D&yelopment] :1111111111 Plan. 420.6.2 Objectives. The establishment of a "Plallned Unit Development" District will be to further encourage the following -fsttlpbjectives: 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 through the strict application of other Sections of this [OrdinaBee ]; ~.lqjIJ.lw 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. 79 Revised 5/21/96 L TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECTION 420 - DISTRICI' REGULATIONS L << L 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; ~ L. 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. L ~ ... 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. L, L 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. L L L 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. L L "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". L L 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 I! i. ... , L. i L. 80 Revised 5/21/96 TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SEcnoN 420 - DISfRIcr REGUlATIONS 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 [Ordinancc]i9IFg:1~mW. 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 [Ordinaaec ]llly::::Ew, 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 cOJ:l~~~~..~(~~.~...Town Comprehensive Plan, the "Official Map" and this -{Ordinance] :~plng::::.I; (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". 81 Revised 5/21/96 .J J . .. J ~ J " I J j J J ~ J J J ~ ~ J '" . ~. L. TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECfION 420 - DISfRICf REGULATIONS j{ l. 420.6.8.1 Application Requirements. The following information shall accompany an application for the establishment of a "Planned Unit Development" District: L 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: ... t I.. 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. L \ '- ~ t... 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. L. L 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 ~uch d~y':::!:~p'~::~!~, as set forth in this -{Ordmanee] :gmng:~:E@\y. L L 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. L L l E. A map showing the location of the "Planned Unit Development" District within the general area. L F. The general configuration of "streets", roadways, and right-of-way planned to serve the Pla~i:~ Unit Development. } .. G. A numerical analysis of the development proposal including the total number of "dwelling units" imlq lii ji l.. L 82 Revised 5/21/96 TOWN OF WAPPINGER ZONING LAW ARTICLE IV. REGULATIONS SECTION 420 . DISTRICT REGULATIONS J J J J J J ,I II j J J ..j . J J J J j j J ~ '~li!i~I::::.lr proposed for inclusion within the development, and the proposed breakdown of these units according to size and type, the total amount of floor area to be devoted to each type of non-residential "use", the approximate extent of "building" and paved area coverage in each section, an analysis of the development proposal in relatio~.:.:.:.:!:?.:.:.:..~~.:.::.:.~aximum permitted density =~~ .:.;.;.;.;.;.:.:.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.; 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. 83 Revised 5/21/96 L. TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SECTION 420 - DISTRICT REGUlATIONS 420.6.8.3 Planning Board Review. Based upon the requirements of this -[Ordinance] ~..g::lIw 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 suitable. In addition to the requirements of this -IOrdinaHee] :19Ii:g III 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". * L. i ... y .. ~ L. L f l.. L 420.6.8.4 L. L 420.6.8.5 ;;: L.. ~ II. ... L L L 420.6.8.6 ... '- 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 I?~".~~?.P~~:n.-.t Plan complies with all requirements of this [Ordinance] :;gmPij::::mi 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. L 84 Revised 5/21/96 TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECTION 420 - DlSfRlCf REGULATIONS 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 th.~::?~~....~.~~....!?~.:~....~~.~~~:.? _!~~~;~!=~ 420.6.8.7.1 Submission of Application. Mer Town Board action ..~P.P:~.~~:.:.~?,.::.:.~.~:~:~&.:.:~:~.~nge, applications f:qf!::~~f.i:::it.1l ~1l!::~!Bm1i!!MPg:::~PP.tg. shall be submitted in five (5) copies to the Zoning Administrator, with the initial application accompanied by [five (5)] :i~gl~::::~~) copies of the approved General Land Use and Development Plan, and shall include the following information: A. A proposed site development plan map drawn at a scale of no less than one inch equals one- hundred feet (1" = 100') and indicating the 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. (3) The location and dimensions length, width, ground floor elevation and height) of all J J J J J J ~ ;j . J ~ J J J J J ~ j J ~ 85 Revised 5/21/96 L. TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SECfION 420 - DISfRICf REGUlATIONS ~ 1.. existing and proposed main and "accessory buildings", with the "use" for each indicated. l' t ... ~ t iii. (4) The location, width and finished pavement grades of all existing and proposed public and private roads. l (5) The location, layout, finished pavement grades and surface treatment proposed for parking and loading areas and ingress and egress drives. 'ii.. * L. I I.. (6) The location, size and proposed screening of any refuse storage or other outdoor storage areas. f ... (7) The location and size of all proposed water supply, sanitary sewerage, storm drainage and other utility facilities, including connections to any existing facilities. l. . i.. (8) Locations, design and construction plans for proposed sidewalks and steps, drainage "structures", retaining walls, etc. L (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. ~ .. %. ! i.. I L 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". L 1. ... t .. 86 Revised 5/21/96 TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECTION 420 - DISTRICT REGULATIONS 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. 87 Revised 5/21/96 J J J J J J . . J j ~ J J j" :J. ;~ J J J ,A II ~ J L TOWN OF WAPPINGER ZONING LAW L &: ~ ... ~ L. L '- i. ~. i.. L. I .. ~.. L. L Ii ... L ~ .. L r ... L ARTICLE IV - REGULATIONS SECTION 420 - D1SfRlCI' REGULATIONS 420.6.8.7.2 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 the Planning Board one (1) copy to the Town Engineer, :gil:::~:I~:::l!iI:::t9::;tii:::19W!:~I~.~t~ one (1) copy to the 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 [Ordinance] :iAmp8 :.,; (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, :1.P;.::.;::I~i.iI!t; Superintendent of Highways and Town Attorney shall be submitted to the Planning Board within thirty (30) days. [The Planning Board shall submit a summary report to the Zoning .^.o:dministrator ,:/ithin sixty (60) days of the date on v:hich such application was originally referred to the Planning Board, shall recommend whether the application should be approved, disapproved or approved with modifications ~. t ... 88 Revised 5/21/96 TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECTION 420 - DlSfRICf REGULATIONS J ;J J J J J ~ J J 4 II J ~ j i J ~ :I ~ J 420.6.8.7.3 420.6.8.7.4 420.6.8.7.5 and shall specify what modifications, if any, arc necessary.] Action byBlf!g~pgI:::lg@r9 -{Zoning .\dministrator]. [Within ninety (90) days of the date the application was recei'/ed by the Zoning .^..dministrator, the Zoning Administrator shall act either to approve, disappro!le or approve 'mth modifications, the site plan and slieh action shall be based upon the findings of the Plar~-Hng .- Ciuihonzlngearthwork, land CleannghorhcoIlstruction 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 89 Revised 5/21/96 L TOWN OF WAPPINGER ZONING LAW ~ i.. lfi ~. ... 420.6.8.7.6 L. L .. i L. L ... 420.6.8.7.7 t .. t ... ~ i.. ... ~ L. .~ ! ... 420.6.8.7.8 L ... ~. L. ARTICLE IV - REGULATIONS SECTION 420 - DlSTRICT REGULATIONS 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. :~:1:~~14:]:miat~:laia:;e.~6.=eriimuli~lr'~~'1~r~ ........ .~:t;ll:~:ll............... .................................................................................................... ....... ::::::::::::::::2Sf:&1!:k::::::::::::::::::lf::tPsW=::i'::6?;=:::::::::::::::::::U:::::::::....................b.......l....;-.......h.........................;............................;.....h................h............ llqtlYanf.:a(tm:~:{it4.Hh#g;;t::::9.<n9.:{4 pu IC eanng Wit t e 'same"notl'ce"'as"'requlrec(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 [Ordinance] :ipI9g:-r~li are complied with. Expiration of Approval. Town Board approval, or approval with modification, of an application }or..a "Planned Unit Development" shall expire !pl~~$ B!~:~~~ approval, is not completed within ten (10) years of the t L. Revised 5/21/96 90 TOWN OF WAPPINGER ZONING LAW 420.6.8.7.9 ARTICLE IV - REGULATIONS SEcnON 420 - DI5I'RIcr REGULATIONS J J ~ J ~ ~ I ~ J ~ t ~ ~ - ~ ~ ~ ~ j 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. 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. 91 Revised 5/21/96 TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SECTION 430 - SPECIAL PERMIT "USES" ... i l.. 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 it '- 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: lIooo ... 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 residences of the organization and principals of the organization shall itt~~iii,IIIIII!I'I'~R:::llfll:::!i:::i~jiii!t::Xfll::.:9t::py!~gi~$,i~ i;, ... '- ( t .. ill. 92 J J J J ~ J . I J j J J J J J J J J J J TOWN OF WAPPINGER ZONING lAW La ARTICLE IV - REGUlATIONS SECTION 440 - SPECIAL STANDARDS ! II. 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. ... i. I .. 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" L 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. ~ ... :1:; Ii. , .. 440.4.2 Standards. J; ... 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. t .. .. 440.4.2;@fl1 Occupancy. L. 440.4.2181.1 The owner of the property upon which the "accessory apartment" is located shall occupy the principal or accessory "dwelling unit" on the ... i '- 1 ... 116 Revised 5/24/96 TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SECTION 440 - SPECIAL STANDARDS j J J J J J J J j j J J J J J J J J J 440.4.21-W.2 440.4.21-W.3 440.4.2g-W.4 440.4.2;;[2] "Use". 440.4.2;if~.1 440.4.2;1 [2].2 440.4.2;$[2].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 (2) 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". 440.4.2~~ [3] Utilities. If 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. 440.4.2;~ 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 117 Revised 5/24/96 .. TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECTION 440 - SPECIAL SfANDARDS ... 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. L. ... I.. 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. ~, ... I .. 440.4.2~r~ 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" . .. L. ... 440.4.3 Modifiable Requirements. ,; L. t Ii. 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 ~ 440.4.1 above and the purposes of this Zoning Law. L. 440.4.3.1 Age of "Structure". The "building" in which the "accessory apartment" is constructed shall be at least five (5) years old. i 't'. .. R .. 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. ~; L. 440.4.3.3 Location of Parking. No more than two (2) off-street "parking spaces" shall be permitted in front of the "principal building". No "parking areas" shall be in the "front yard". ... 440.4.3.4 Access. ... ... 118 Revised 5/24/96 TOWN OF WAPPINGER ZONING lAW 440.5 440.5.1 440.5.2 ARTICLE IV - REGULATIONS SECTION 440 - SPECIAL STANDARDS J J J j j J J J J J J J j J J J J J J 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. Professional Office and Studio "Uses" in a Residence 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. Not more than two (2) non-resident employees, associates, or assistants~:~~~j~~*g ~"Bi~~~:iE!t~ shall be employed on the premises. 121 Revised 5/24/96 t .. TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECTION 450 - SITE PLAN APPROVAL ,,' .. I '- ... L. g Ii. i. .... w ... ... ... l Section 450 - Site Development Plan Approval The following provisions shall govern site plan procedures where the submission and approval of a site plan is required by the provisions of this {Ordinance] :.Ei~::.'. 450.1 Approval :lgi::::19DlfI~1 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 unti~HalIHt~e "coniinue(f"vaHCiiiY" of " any" "certIficate "of"oc"cupancy" "sha H""be""su"bj"eci"to""contlnuerl "conformance "~~~""~uch approved plans and conditions. Revisions of such plans~~UI:::9.ll!gll::giriil.mii~ :;;'11,* 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: l.. 450.2.1 Maps. .. ... ... i- .... '. '- ... Eight (8) copies of any area map, at a scale convenient for Planning Board "use", showing the applicant's entire property as well as all adjacent properties; existing and proposed roads, railroads, streams, rights-of-way and easements in all directions from the subject parcel; all community facilities and utility trunk lines in the neighboring area; and all existing school, zoning and special district boundaries within five hundred (500) feet of the applicant's property. 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. 140 Revised 5/24/96 TOWN OF WAPPINGER ZONING lAW 141 Revised 5/24/96 j J ~ "I II ~ J j J J J J ~ J J J J ~"":" :< t"; J J ARTICLE IV - REGULATIONS SECTION 450 - SITE PLAN APPROVAL 450.2.2 Site Development Plan Information. -[FatHteeB] ;lillt:::i:~I,) 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: 450.2.2.1IJ:1~U.~~J:Il~u~~u~~~r~s~u.<?fut~~u9~e.r()tre.c.()r~u ~f the property, :i.y.mtip.li:ly:::t.liHilli:t::i:pPl.~t!nt::iQmlipR!iI. and the name, address and professional seal of the individual preparing the site plan. 450.2.2.2 The names of all owners of record of adjacent propertiesin9.mmig - 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", and other man- made features of the site, as well as those on adjacent properties within one-hundred (100) feet of the property boundary, including existing utility lines. 450.2.2.5 The proposed location, "use" and design of all "buildings" and "structures" . 450.2.2.6 m9Q!t:11.~1I::::1\9 a tabular analysis of the proposed "use" of all floor spacedeaiiyulndicating 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 location;~::~:::Mgmi:::::HP'~P~9::::::liii.~ 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. 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. ... L. 450.2.2.11 Existing and proposed contours, with vertical intervals of not more than two (2) feet, unless waived by the Planning Board, 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 [Ordinance ]:Ii.:~~flw. ... 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. ~-- ... 5: \ ... 450.2.3.2 Plans and elevations of all proposed "buildings", "structures" and accessory "structures", including proposed "signs". t' r.. 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. L 450.3 Referral of Application to Planning Board Upon receipt of a properly completed application as described in ~ 450.2 above, the Zoning ... Administrator shall determine whether or not ~J.ii::Rr9Iglg::~ipi!~r conforms to the [basic] requirements of this [Ordinance] :.Pi:pg:::~mW. [If sl:lch conformance is determined, the ;- ... ... 142 Revised 5/24/96 SECIlON 450 - SITE PLAN APPROVAL J J J J J J J J .J j J ~ J J J J J ~ TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS Zoning Ordinance.] If such conformance is determined, the Zoning Administrator shall refer copies of the application [to the iii>plication] to the appropriate Town, County and State officials, departments and agencies for their review and comment and shall allow a fifteen (15) day period for the receipt of their recommendations. At the end of the fifteen (15) day review period, the Zoning Administrator shall submit {a report containing] these recommendations to the Planning Board together with the subject application. The applicant shall be provided with a copy of the [report and] recommendations at least five (5) days in advance of the Planning Board meeting at which it will be considered. 450.4 Standards for Site Development Plan Approval [In acting on any site development plan application, tbe Planning Board shall take into eOfl5ideration: ] [150.1.1 The recommendations of the Town Development Plan and the "Official Miii>"; 450.1.2 The proposed height, bulk, location and architectural features of main and "accessory buildings" and their relationship to the site and to one another; 450.1.3 Traffic circulation within and without the site; 450.1.4 Provision of off street "parking and loading space"; 150.4.5 The nature and design of exterior lighting, "signs", landscaping, buffer areas and other open spaces; and 450.4.6 The a'/ailability of supporting services and facilities, so that any development on the site will satisfactorily and harmoniously relate 'Nith the existing or permitted development of neighboring land and "buildings", and so that pedestrian and vehicular traffic will be handled safely and adequately both 'llithin the site and in relation to the adjoining "street" system.] ~~IIt~_ 143 Revised 5/24/96 J I .. TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SECTION 450 - SITE PlAN APPROVAL , l.. l.. l.. l.. t II. .. .. ... ... ... L. ... .. L. ... .... , ... L 144 Revised 5/24/96 145 Revised 5/24/96 J J J J J ~ J J J J J J j J J J J J J TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SECTION 450 . SITE PLAN APPROVAL {In eonsidering any proposed site development plan, the Planning Board may require revie\': by appropriate professionals of the Tov:n's choosing.] 450.m:~ Public Hearing for Site Development Plan Review f TOWN OF WAPPINGER ZONING lAW l .. ARTICLE IV - REGUlATIONS SECTION 450 - SITE PLAN APPROVAL , .. ... .. II. i. !it. ~ ~ '- i .. .. .. ... ... i ... I .. .. ... .. ;.;'re:;::::::::::::::::::::Bm.I:::19i.f~::::.19~ 450.-f5l1 Expiration of Approval ..4....5....0.......8)........1. ..... ,', ..... . . .. ::::::::...:::::.:.:~:.:.::;!-:;.:. 146 Revised 5/24/96 SECTION 450 - SITE PlA'l APPROVAL J ~ J j J J J ~ J J j J i j , j ~ Revised 5/24/96 J TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS 450.WI Application to Building Inspector 450. [SlIt Planning Board Initiative The Planning Board may, on its own initiative, propose a general or specific site plan for a particular area where a site plan approval may be required in the future, using the requirements of the Schedule of Regulations and this [Ordinance] Zoning Law as a guide. wappzn%\450.doc j 147 ARTICLE IV - REGULATIONS SECTION 470 - PARKING & LOADING L TOWN OF WAPPINGER ZONING LAW I.. Section 470. OfT-Street Parking and Loading t i.r l ~I, ... i. ... t 1; .... 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-street parking and loading facilities shall have been provided in accordance with :.::::.m9~aliif~::~:liy.116.pli~bUilifi@Ba the requirements set forth in this SectIon:.... and".....su.ch.....re.qui!e(f.....I>aridlig "and""''Io'ading facilities shall be completed before a certificate of occupancy shall be issued. 470.1.2 -{In eases of exceptional diffieulty or l:lfll:lsl:lal hardship to sueh properties, arising out of the requirement of this Section, the Board of .^...ppeals may reduce the parking requirements, but shall require such degree of compliance as it may deem reasonable. 470.1.3] Required off-street parking facilities which, after development, are later dedicated i. 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 .~~.!~,~.,.~~~.!?~.~&.,.,.~.:.~!~,.,.,~~y:.,.,?:.~~.,.,~pp'roved at the time of the adoption of this -{Ordinance] :!lEI~:::I1wEgf:J#!Y:::.!l.m!Bt:::mt.tg!p., shall not be subject to the "parking or loading space" requirements set forth in this Section. However, any parking and loading facilities nO\\'..:~~:!!,~~.:.:!:2.:.:~.~~:::.:.~~.~?....:.:.~:!r~.~.!~::~.:.::.,.~r.:.:::~~.~~:':' 470.3 Location, "Use", Design, Construction and Maintenance .. .. $ .. II. 470.3.1 Location. 145 Revised 5/24/96 SECTION 470 - PARKING & LOADING J ~ J J J J J ~ J' J J J J J J j J TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS 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 iiiiiijiiiiiiP~~~~ 470.3.2 [Size of "Parking Spaces". Eaeh "parking space" shall be at least ten (10) feet 'hide and twenty (20) feet long is unenclosed and at least eleven (11) feet wide and twenty (20) feet long if bordered by '::alls or columns on two (2) or more sides. \Vhere "parking spaces" arc defined by curbs providing space f-or overhang of ',chicles such spaces may be reduced in depth to eighteen (18) f-eeL Backup and maneuvering aisles benveen ro\':s of "parking spaces" shall be at least twenty five (25) feet '.\ide except v/here the approving authority approves a lesser dimension as adequate to serve "parking spaces" arranged at less than ninety degree (90-) angle. The front or rear oyerhang shall not encroach on any sidewalk or landscaped areas.] lil.gm~l:IIi:D~fil!nl~::::::: .:.:.:..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:. -.r__ -wi~ ~tl._ J .. 146 Revised 5/24/96 J , :Ii.. TOWN OF WAPPINGER ZONING LAW ARTICLE IV. REGULATIONS SECTION 470 - PARKING & LOADING .. Ii. .. ... t ~ i .. t ~ i. liw i.. ... .. , .. " ! J. ... liw ... 147 Revised 5/24/96 J ~ J J j J · J ~ , J J j J j J J ~ J J J . '- ~, L. ... .. .. .. ... L \. .. ~i J.. r ..... L \ ... .. t i. .... 1 ... ... . 6'-0. MIN. RAISED LANDSCAPED ISLAND g" RADIUS 1'-6" 7'-6" 18'-0. 15'-0. g'-O" 4" STRIPE 8'-0" H 8'-0" H Figure 1: .TYPICAL PARKING SPACE DETAILS Scale: l' = 5' Frederick P. Clark Associates, Inc. 5/96 H: Handicapped 18.5' ONE WAY - 17.5' BUILDING J ftd iI ,j J J J j , J J .~ J J J J .f j ~ J 9.0'+1 24' DOUBLE PARKING BAY l INTERLOCK J 6.0' MIN. 1 ' 1 ' 8.0' MIN. RAISED LANDSCAPED ISLAND :1,. :l -1 a'18'18'[+- 30'oJ W ...I (/) ;( z o ~ ...I. ::l U cr C3 MANEUVERING AISLE +- TWO - WAY 36' RAISED LANDSCAPED ISLANDS 24' CIRCULATION AISLE Ul1TmTrTrTrr1= Figure 2: SAMPLE PARKING LAYOUT Scale: 1. = 50' Frederick P. Clark Associates, Inc. 5/96 ti. I. 1.. ... .. .. 1.. , '- WALL L. CURB \.. .. ~. .. z .. :>'. i .. ~A iw i.. t , 1. A: Parking Space Depth to Wall B: Maneuvering Aisle Width C: Parking Space Depth to Interlock D: Parking Angle i- B t Figure 3 SAMPLE PARKING LAYOUT-ANGLED PARKING 1 ... i.. Frederick P. Clark Associates, Inc. 5/96 J , J J J ~ J l J J j J J J J J j ,A I J , .. TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SECTION 470 - PARKING & LOADING l -- :- iA, .... rs- It IIf im- i. i- L. :P:i~ ""1:.' i'III~~i iili.9 i19.J$ ~i.~ i!tJ) ~~M:1 ... 470.3.3 Landscaping. 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. {fAt least one (1) tree vlith a minimum diameter of three (3) inches at a height of fnur (1) feet abo';e ground level shall be proYRded within such "parking area" for each ten (10) "parking spaces". 1.. \. .. \. l.. i.. .. '~ l. I.. .... 1 .. 470.3.3.1 ............:.~........... :m~mm~J9 ~1~llm Utall illi.~ :~ iiI1;i.$. ',m/if ~1~9 illllr lliitl 1\i.9 2lID ,iil :1500 ii$.i$ iltiU:i:m:i}.!#.p ~1f.r.~ILiY ~P..m~I~9# :(Iit) '~M~ :&to ,515 ,~i@ ~~lD ~mtiHii'J.':!9 '~J.~~~" :n&i6U :fir@ijj!i>>iy :R!mW~Mi. :mij:,~) :f@;P '$&D ~?I~9 14&$ i?~;Q Wherever possible, raised planting islands, at least eight (8) feet in width, shall be provided to guide vehicle movement, and to separate opposing rO'NS of "parking spaces" so as to provide adequate space for plant growth, pedestrian circulation and vehicle oYlerhang. Such raised planting islands and the landscaping '.vi thin them shall be designed and arranged in sueh a wa:y as to provide vertical definition to major traffic eirci:llation aisles, entrances and exits; to channel internal traffie flow and prevent iRdiscriminate diagonal moy;ement of vehicles; and to provide relief from the visual monotony and shadeless eJEPanse of a large "parking area". Curbs of such islands shall be designed so as to facilitate surface drainage and prevent vehicles from overlapping sidewalks and damaging landscaping materials. ... Revised 5/24/96 148 TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SECTION 470 - PARKING .& LOADING j ~ J J J J J J J J j J ~ J J J J J J 470.3.3.2 1R all off street "parking areas" containing twenty fi'/e (25) or more "parking spaees", at least ten percent (10%) of the area within the inside perimeter of the parking surface of the "parking area" shall be oorbed and landseaped with trees, shrubs and other plant materials.] 470.3.3.~il 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. ... 149 Revised 5/24/96 TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECTION 470 - PARKING & LOADING , .. 1.. ... .. L. , '- ... 1.. \. ~ L. ... l.. , ... i.. L ... .. .. 150 Revised 5/24/96 TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SECTION 470 - PARKING & LOADING 4 ~ . '. J J J J 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 {Traffic CireulatioR] :~lgf~gi~2Iiij::::p~:::BtJ.jW!!~:::~I19Bg:::lis~lt!~~. In order to encourage safe and convenient traffic circulation, the Planning Board may require the inter-connection of "parking areas" via access drives within ftfle:] i.a between adjacent "lots". The Board shall require written assurance and/or "d'eed 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. 151 Revised 5/24/96 J J J ~ J .- J J J J ~ J 470.3.6 Waiver of Improvement. ~~!e the [authority approving a site plan or special permit applicationHI~i.pi :19& determines that less than the required number of "parking spaces" will ~~i'ti;~r! requirement in part, but Bot in excess of fifty percent (50%) of the number required according] :r~qi!r~g:]ii.g~P! to ~ 470.4 herein. In all cases it shall be expressly demonstrated' onPtl1eslteP 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. 470.4 Schedule of Off-Street Parking Requirements ..f.!lliil:jntii.~i:::llgm~g:QY::Ptp.~ri:'J19Ym!qtm:::Q~:tm~::4qlngi:imw~ off-street "parking .sp.aces.;'.....sh'iiif'l,e...pr.ovi'ded..asP'foliows...[except" that"the"Bo'aid' of'Appeals may modify these provisions as a condition of the issuance of a special permit according to the provisions of ~ 440]. Reasonable and appropriate off-street parking requirements for "structures" and i~iiilli:'~il;:i~~~h:~: ~~ld:~~~:i~:d c~~efho:i[~~~:~1~li~;~~'~!~di'~!t,~'~~~!:~P!9~~ I .. TOWN OF WAPPINGER ZONING lAW SECTION 470 - PARKING & LOADING ARTICLE IV - REGUlATIONS i.. ... i. ... ... , ... ~ l.. .. ~ ... 1... .. I I.. i. ... .. I "Use" I Minimum OfT-Street Parking I "1 and 2 family dwellings" 2 spaces for each "dwelling unit". "Mobile home" --, "Multi-family dwelling" 1 space for each "dwelling unit" plus 1/2 space for each bedroom. Professional office or "home 2 spaces in addition to spaces required for the occupation" permitted In a residential "use" except that there shall be 4 spaces Residential District for each medical or dental practitioner in addition to spaces required for the residential "use". Roomers or boarders 1 space for each guest sleeping room plus 1 space for each residential unit. Place of worship, theater, 1 space for each 4 seats or pew spaces, or, In places auditorium, athletic field, or without seats, 1 space for each 100 square feet of other place of assembly ~!~gtm~~:~:rloor [space] :arja~! "used" for public assembly. Hospital, "nursing home", 1 space for each 3 patient beds and 1 space for each "convalescent home" or home employee, including medical, nursing, and service for the aged staff. "Golf and country club" 1 space for each 2 memberships. Bowling alley or other center 5 spaces for each bowling lane. All others, 1 space of public amusement per 100 square feet of :!fgfBss floor [space] :if!iVi ';';'. .,:.:.;.;.:-:.:.:.:. ............................ "used" for public amusement. Retail or service business .~. .~P(ice.. f()r. e.(i~~. .15.9. ~.qlJare... fe.e. t. <?f." gr.oss .~()()r . Cire.(i" :qi.lmi1:::gfqijp.I:::gii.iIl!g::::i::::m?!~~:::[ii::::~i9i:::*?I:!:M!qii (~ii:::9.~::~r=itoi~::~fJ.pq{~:~~~W~:::pp::::p~n~r::::l.pp[f. 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 ~ 399 square feet of "gross floor professional "use" (other than area". accessory to residential "use") ... 152 Revised 5/24/96 TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS J ~ .J ;1 J J J J ~ J J J J J J J J J J J SECTION 470 - PARKING & LOADING "Use" Banking office "Motel" Funeral home [Motor vehiele sales and serviee Veterinary office Kennel or animal "hospital" Car washing establishment Research or development laboratory Manufacturing or industrial "use" Wholesale, storage, utility or other similar commercial "use" Minimum Off-Street Parking 10 spaces plus 1 space for each employee plus 4 additional spaces for each person In excess of 2 acting as tellers including waiting space for drive-in iiiili!11~lfllllll~I'I~I:~:~.f:I::::i.::::91:::~f:I. 1 space for each guest sleeping room plus 1 space for each 2 employees, plus 1 space for each permanent resident. 1 space per employee plus 1 space per ~ .;S~ square feet of "gross floor [spaee] :4.ti~l~ in assembly rooms. 1 space per cFFlployee plus 1 space per 150 square feet of gross floor spaee.] 1 space per employee plus ) space per 300 square feet of "gross floor [spaee] :ir#:i)'. 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". 10 spaces per washing bay. 1 space per employee but not less than 1 space per 600 square feet or "gross floor [space] :i.ti~r. 1 space per employee but not less than 1 space per 400 square feet of "gross floor [space] :g<<~W. 1 space per employee but not less than 1 space per 1,000 square feet of "gross floor [spaccL?t<<~W. 470.5 Operation and Maintenance of Off-Street Parking Facilities Required off-street parking facilities shall be maintained as long as the "use" of "structure" exists which the facilities are designed to serve. Required "parking areas" developed for specific "structures" and "uses" shall be reserved at all times to those persons who are employed at or make "use" of such "structures" and land "uses", except when dedicated to and accepted by the Town as public "parking areas". 153 Revised 5/24/96 .... TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECTION 470 - PARKING & LOADING ~ 470.6 OfT-Street Loading Requirements Ii. Off-street loading and unloading facilities shall be located on the same site with the "use" to be served except as provided in ~ 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. l.. i .. 470.6.2 Required Number of Spaces. .. i.. 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. L , ... 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. :i ... ~. I.. 470.6.2.5 Other "uses" which do not fall within the categories listed above shall be determined by the [TOWfl] :1~l!n~:pg Board[, and adopted as an amendment to this Seetion]. l~ i. .. .. ... 154 Revised 5/24/96 TOWN OF WAPPINGER ZONING LAW ARTICLE IV - REGULATIONS SECTION 470 - PARKING & LOADING J i ..:',1 II J J f J 470.7 470.7.1 470.7.2 Driveways General. For reasons of fire protection, [traffie] :Ri::::!ingI:9ItiP.I::::y~h!?ill and pedestrian mliiliiiil (both OR and off "street"],aswelfas toUproVide 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 sU~~....~~.:.:.p'~:~:.,.?:!...:~::.::::~~:.:::.:.~:~bject to special permit or site development plan a royal :~~rtmlrma':':"':~":)::B6.atd in accordance with ~ 430 and ~ 450[ in whieh pp M;f~..............................~............., , ease they.'.sh.&if..b'e....subj'c.et..'io..Pi'anaing Board and/or Board of .^~ppeals]. Driveway Grades. 470.7.2.1 470.7.2.2 :~~lnitf'-liny::~Iilig~nil~;,i The maximum grade for any new driveway '[aeees'sory" t'ofl.9fa" itslIlgle l~iI-family dwelling"[, and eOlmecting its off street "parking 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%)~ [170.7.2.3 Notwithstanding the . maximum permitted grades specified in ~ 170.7.2.1,] 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. J J J J J J J J J J J J In:::g:mir::::~p~~~t; The maximum grade for new driveways [accessory :tefrgfiusesii'other than "[ single IQn~-family dwellings" [and connecting the required off street "parking area" to the "street"] shall not exceed seven percent (7%), except that the approving authority shall have the same power to permit increased grades here as in ~ 470.7.2.1 above, provided such grades in no case exceed ten percent (10%). {470.7.2,4 Notwithstanding the maximum permitted grades specified in ~ 170.7.2.2,] 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 the property line of the "street", whichever distance is greater. The:I~~plpg Board [of l\: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. 155 Revised 5/24/96 L TOWN OF WAPPINGER ZONING lAW ARTICLE IV - REGUlATIONS SECTION 470 - PARKING & LOADING l.. I... 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 , - '- 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. 1.. 470.7.5.4 No turn shall be of such a degree as to prevent access of Fire Department apparatus. .. wappzn96\470.doc i. I' l. ... .. j ... 156 Revised 5/24/96 J J J J J J J J J J J J j .- J J J J J J 1.. TOWN OF WAPPINGER ZONING lAW ARTICLE V - ENFORCEMENT &. ADMINISfRATION SECTION 500 - ENFORCEMENT i.. ARTICLE V - ENFORCEMENT AND ADMINISTRATION '- Section 500 - Enforcement t- ... 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 "building" that would not be in full compliance with the provisions of this {OrdiBance] :lsBi.::i:Illw. Any such permit, license, certificate, or other authorization, issued, granted or approved in violation of the provisions of this [OrdiBaBce] .llil::III, shall be null and void and of no effect, without the necessity of any proceeding or revocation or nullification thereof. .. ... 500.2 Enforcement Agents ... _f~~~s~=~~ appointed] by the Town Board. .. 500.3 Violations and Penalties ... ~. .. 500.3.1 A violation of this [Ordinance] :iiliJ.::::IU, 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) months,l 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) month~ 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 ($1,000) or imprisonment for a period not to exceed six (6) months~ or both. ... i. ~, .. 500.3.2 Each week's continued violation shall constitute a separate additional violation. \.. 500.3.3 Violations of the Zoning :11' [Ordinance, iBduding the amendments adopted by LL ff5 of 1990] shall be de'emed misdc:me~nors~,~",~~~,~!!.J?,~?~~,~?~~",?!!~:.~E~!,~,!~~~ .t~~i~:i1ii,-::::~ifil~i::J.ilim:~iliitfS rP9.!y::r9t:JP.,=mpmP$'=::Qt:f9Bt~t!1P'g .. ... 500.3.4 [The owner or ovmers of any "building" or premises or part thereof where anything shall be placed or shall exist in violation of tais Ordinance, any lessee, architect, builder, contractor, ageBt, person or corporation '.'1ao commits any such violation, ... .. 159 Revised 5/24/96 SECTION 500 - ENFORCEMENT .i J J J J J J TOWN OF WAPPINGER ZONING LAW ARTICLE V - ENFORCEMENT & ADMINISTRATION 500.4 Additional Remedies [The Zoning Inspector shall serve notice personally, or by registered mail receipt addressed to the premises of such '.'iolation, or the person or corporation committing or permitting the same and, if such '.'iolation docs not cease \vithin such time as the Zoning Inspector may specify, and a Flew Certificate of Occupancy is not obtained, he shall institute such of the f-oregoing actions as may be necessary to terminate the violation. Such notice may also be served by posting on the premises.] .J j J J J J J J J J J .J 160 Revised 5/24/96 .. TOWN OF WAPPINGER ZONING lAW ARTICLE V - ENFORCEMENT & ADMINISTRATION SECTION 500 - ENFORCEMENT .. .. -,~"~~.. t ... ... i. ... 1,' .... ~ ... .. ... ~ '- i.. 1. ill. *. .. ,; ... 161 Revised 5/24/96 J J if . J J j J J J J J J J J J J j II J J ., :> ~ TOWN OF WAPPINGER ZONING lAW ARTICLE V - ENFORCEMENT & ADMINISfRATION SECTION SIO - APPEALS ... Section 510 - Zoning Board of Appeals .... 510.1 Continuance The Board of Appeals heretofore establish~.~.p~!.~~.~.~~.to:li Town Law is hereby continued .... .. all powers and duties prescribed by:II::::mB:::::l,.aw and by this iOrdinance] :11111 5104 ~ Powers and Duties if ... i. l. ... '- .... l.. .. i. .. I.. t .. ... .... [510.5.4 .\etion by Board of .^..ppeals.] The Board of Appeals may reverse or affirm wholly or partly, or may modify, the order, requirement, decision or determination appealed from, and shall make such order, requirement, decision or determination as, in its opinion, ought to be made and to that end shall have all the powers of the Zoning:19P.Yi~U;ltRI [Inspector] or any other administrative official from whom the appeal isHtaken~HtE~/ery decision by the Board of appeals shall be by resolution adopted at a public meeting of said Board and shall set forth the eireumstaaees of the ease aad the findings on '/lhick the deeision was based.] 51O.f4j :1.1 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 any question involving the interpretation of any provision of this [Ordinance] :...::1.Iw, including determination of the exact :!~sg~pg::!fi:iij::m!tm~I::~lg1l1.::l!ij~:::ii:iii~tl!ml~::t~mmpi:::i~til reference to the rules specified in ~ 320. 51O.~ :1.2 Appeals and Variances. Where there are [praetical] difficulties or unnecessary hardships in the way of carrying out the strict letter ofthisiOrdinaFlcc]i4ilii::.w, the Board of Appeals shall have the power, in passing upon appeals, to vary or modify the application of any of the regulations or provisions of this [Ordinance]lmIPlg.:.lIw relating to the "use"'E?~~.~~:!,~~~~}?E..:.:.~.!!:!.~Y.?,~::.,.?t::?~ilding~" or "structures", or the "use" of the land,HP91.@!P.RI~9.!1!gP:::::p'y::::!:ij}:m?P!U!9.t~ so that the spirit of this [Ordinance] implni:::!lw shall be observed, public safety and welfare secured and substantial justice done. [No ';ariation or adjustment in the strict applieation of any provisions of this Ordinance shall be granted by the Board of .^..ppeals unless it fiads: ... Revised 5/24/96 161 TOWN OF WAPPINGER ZONING LAW ARTICLE V - ENFORCEMENT & ADMINISfRATION SECTION 510 - APPEALS J J J J J J J ~ J J ~ J J J j J J J J 519.4.2.1 510.4.2.2 519. 4.2.3 510.4.2.4 That the hardship is due to unique circumstances and not to general eonditions in the neighborhood. That the hardship shall not ha'/e resulted from any act of the applicant subsequent to the date of adoption of the pro',ision or pro-Asions appealed from '.vhether in violation of such pro-Asion or ~ That for reasons fully set forth, in the findings of the Board, the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable "use" of such land or "building", and that the variance granted is the minimum ':ariance necessary for such reasonable "use". That the granting of the '..ariance will be in harmony with the intent of this Ordinance, will not be injurious to the neighborhood or otherwise detrimental to the public welfare.] ........ . . . . ... -.1l.i..,1- ~WW11_'.1.~~1- :e::::::::::::::::::::::llllliiillt"IIf.f.~liti'illlll::1'::::i9~ti~~~!~(::PJ# 162 Revised 5/24/96 TOWN OF WAPPINGER ZONING lAW ARTICLE V - ENFORCEMENT & ADMINISfRATION SECTION 510 - APPEALS .. ... \. , ... .... ... ~ ... .. '- .... \ ... .. ... .. L. .... ~ ... ... 163 Revised 5/24/96 SEcnON 5]0 - APPFALS J J J j j j/ J J J J J J J J J J J ~ J J TOWN OF WAPPINGER ZONING lAW ARTICLE V - ENFORCEMENT & ADMINISTRATION 510.~ I Procedure 510.~ ilf:l 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. 51O.~ 'I~I 11i~:::il::.1i~~::;~! Application. 164 Revised 5/24/96 ... TOWN OF WAPPINGER ZONING LAW ARTICLE V - ENFORCEMENT & ADMINISTRATION SECTION 510 - APPEALS L. i.. t .... L i. ... .. ~ .. ... t ... ... ... ... -. .. iI. ... Each appeal shall specify the provision of the [ordieaFlee ]~Ini:::.w involved, the-{ruliag] ~t~lif sought from the Board, and the grounds upc)"ii>whlch'h' 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 deem necessary. The [offieer] :!.iB!!~!ilyi:M~III::::P!::::!g~P.i1 from whom the appeal is taken shall forthwith deliver to the Board of Appeals all papers constituting the record on which the action appealed from is taken. 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.~ :e.3 Referral to :11"I:::jliinR!i~ [Town Board and Planning Board]. ... .................... .5....1...0......3....8........2... . . . . .. .. ... ... .... .. . . . .. .. . . ..... ... ... ~;::::.:~;.:.;::.;.l:;:::;:;:;:;.::f.:. The Board of Appeals shall, -feBl :ifjgt:t.9 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. 1IIIr~II'!lflllilllll~I.,IIIII!lp::::jm!jjj::R!91~!2~j::jjgf - [510.5.2 Hearing. The Board of i\ppeals shall hold a publie hearing In accordance '.vith the proeedures of ~ 510.3 hereof.] ... Revised 5/24/96 165 SECfION 510 - APPEALS j J J J J J ~ J .J1 J J J J JI J ~ J Revised 5/24/96 J TOWN OF WAPPINGER ZONING lAW ARTICLE V - ENFORCEMENT & ADMINISTRATION 5 03"":" 1 . .~~ .:.:.:.:. Public Hearingsi The Board of Appeals shall fix a reasonable time for the hearingfsl of the appeal, variance, [speeial permit "use",] or other matters referred t(F::~t 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. :1~1~I;Zi:::::::::::::Elgr.~Hg; J 166 TOWN OF WAPPINGER ZONING lAW ARTICLE V - ENFORCEMENT & ADMINISTRATION SECTION 510 - APPEALS Ii.. ... 510~' -E8l 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 """."N..."........NN............~............ Supreme Court of the State of New York for relief by a -[processing] PI9S!Sp8 under Article 78 of the Civil Practice Law, as stated in ~ 267-c. of the Town Law. '- [510.5.5 ~iration. .... ~\. y;ariaflce saall be deemed to autaorize only the partieular "use" or "uses" speeified in the decision, and unless other provisions are set f{)rth by the Zoning Board of .^..ppeals in eonnection with their decision, shall expire if work is not initiated pursuant thereto 'llithin one (1) year, or if said "use" or "uses" shall cease f{)r more than one (1) year. .. S19.6 'Jete R-eftUired -;; il. .. The eone-arring Ylote of a majority of the members of the Board of .\.ppeals shall necessary to reverse aflY order, requirements, deeisioR or determination of any administrative offieial, or to decide in favor of the applicant any matter on which it is to required to pass under this Ordinance, to effect any variation in this Ordinance. ... S19.7 Notiee of DeeisioR .. The resolution of the Board of ~^1ppeals shall be recorded in the minutes of its proceedings. ~^.. copy thereof shall be filed with the Planning Board, the Zoning Inspector, the Building Inspector, afld the Tovm ClerIc, and (1) eopy shall be mailed to the applicant. All supporting] ... ... ... W APPZN96\510.DOC 3/22/96 .. .. ... 167 Revised 5/24/96 .. J J 4. II J J J ~ J J J J j J J J J J J J ... TOWN OF WAPPINGER ZONING lAW ARTICLE V - ENFORCEMENT & ADMINISTRATION SECTION 520 - BUILDING PERMITS L. Section 520 - Building Permits ... ... ... ... I. ... ... ... .. 520.1 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. 520.2 Application Requirements 520.2.1 All applications for Building Permits made to the Building Inspector shall include two (2) copies of a layout or plot plan drawn to scale, showing the actual shape and dimensions of the "lot" to be built upon, the exact size and location on the "lot" 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 [Ordinance] !lg8!P8::'::1I1. 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. 520.2.2 The Building Inspector may require a topographic survey showing at two (2) foot intervals the contours of the "lot", or, in the case of large "lots", of that area ... between the "street" and the proposed "structure" and extending to each side and to the rear thereof as far as the Building Inspector may deem necessary for the enforcement of this {Ordinance] :..:::111. .. .. '- .. .... .. 520.2.3 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. 520.2.4 All applications for Building Permits shall be accompanied by a fee in accordance with the current fee schedule, which shall be retained by the Town irrespective of the action taken on such application, and no application shall be deemed to have been received by the Building Inspector unless accompanied by the payment of such fee. 165 Revised 5/24/96 ... TOWN OF WAPPINGER ZONING LAW ARTICLE V - ENFORCEMENT & ADMINISfRATION J J ;. iii ;i .a SECTION 520 - BUILDING PERMITS 520.3 Procedure for Issuance Within a reasonable time after the time of filing of such applicationt ort in the case of applications requiring special permit approval or site plan approval as set forth in ~ 430 and ~ 450 of this .[OrdiBRaee l !BnmJ:!:::mWt within the time period established thereint the Building Inspector shall act ihereontdiher approving it or rejecting itt all in conformity with the provisions of this-{OrdinRIlee]:~lngj!j!lw. If approvedt one copy of such approved site plan shall be returned to the applicant by the Building Inspector together with the applicanfs copy of the approved permitt both of which shall be retained by the owner and posted on the propertyt ort upon demandt at any reasonable timet exhibited by the owner to the Building Inspector or his Deputy. 520.4 Records A record of all permits issuedt and the duplicate copies of each such permit and site plant 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 shallt at reasonable timest be permitted access to premises and "buildings" erectedt or in the course o(~~ecti~Ilt}or the purpose of determining whether or not the provisions of this -[OrdinRnee] :lftlgg::iIlWt or any approval made pursuant there tOt 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) monthst 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 grantedt the construction of which has been started before the effective date of this [Ordinance l :~p.mp.i :1I:w or any amendment theretot and the ground "story" framework of whicht including the second tier of beamst has been completed within one (1) year after the adoption of this -{Ordinanee liARln!.:!:B}'! or an amendment theretot may be completed in accordance with plans on file with the Building Inspectort provided that such construction is diligently 166 Revised 5/24/96 J J ~ JJ J J J .J J J J J J J J I... TOWN OF WAPPINGER ZONING lAW ARTICLE V - ENFORCEMENT & ADMINISTRATION SECTION 520 - BUILDING PERMITS i: L.. prosecuted and the "building" is completed within two (2) years of the adoption of this {Ordinance] ~..irll or an amendment thereto. If any of the requirements shall not have been fulfilled within the prescribed period, or if the "building" operations are discontinued for a period of six (6) months, any other construction shall be in conformity with the provisions of this {OrdiBaflee] :111111:&" I... ... b i.. ... ... ... l.. ... II. ... ... ... ... ti ... .... ... ... 167 Revised 5/24/96 TOWN OF WAPPINGER ZONING lAW SECI10N 520 - BUILDING PERMITS j J J J .J j J J J J J1 J ARTICLE V - ENFORCEMENT & ADMINISTRATION Section 520 - Building Permits 520.1 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. 520.2 520.2.1 520.2.2 520.2.3 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 "lot" 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 "lot"s that may be necessary to determine and provide for the enforcement of this {Ordinance] :Iglp.i::~::lil. 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 "lot", 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 enforcement of this -[Ordinance] ;~p.E;:lIw. 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. J J 520.2.4 All applications for Building Permits shall be accompanied by a fee in accordance with the current fee schedule, which shall be retained by the Town irrespective of Ji the action taken on such application, and no application shall be deemed to have ~::: :::eived by the Building Inspector unless accnmpanied by the payment of J J J Revised 5/24/96 J 165 .. TOWN OF WAPPINGER ZONING LAW ARTICLE V - ENFORCEMENT & ADMINISfRATlON SECTION 520 - BUILDING PERMITS -- l. ; .. ~ .. .... ! ... ... ... .. ... ... ... ... 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 -{Ordinanee 1 ~..g~:::i.l, within the time period established therein, the Building Inspector shall act thereon,eliher approving it or rejecting it, all in conformity with the provisions of this [OrdiBaBee li;gl>>.i::.. 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~r~~ti~l1:,}or the purpose of determining whether or not the provisions of this -{Ordinance 1 iAgl!.i::~mw, 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 grante~,t~e ... construction of which has been started before the effective date of this [Ordinance 1 iAg!!!.! illl or any amendment thereto, and the ground "story" framework of which, including the second tier of beams, has been completed within one (1) year after the adoption of this ... [Ordinance limRting:::.\! or an amendment thereto, may be completed in accordance with plans on file with the Building Inspector, provided that such construction is diligently ... ... 166 Revised 5/24/96 TOWN OF WAPPINGER ZONING lAW ARTICLE V - ENFORCEMENT & ADMINISTRATION SEcnoN S20 - BUILDING PERMITS 167 Revised 5/24/96 j J J J .J J j J J J J J J J J J J J J prosecuted and the ''building'' is completed within two (2) years of the adoption of this fOramaBee] ~.lii!l!. or an amendment thereto. If any of the requirements shall not have been fulfilled within the prescribed period, or if the ''building'' operations are discontinued for a period of six (6) mO~~~.~?..:.~~;y'..:R.~.~er construction shall be in conformity with the provisions of this [OnliRaRee].nM1g1~:_. ... TOWN OF WAPPINGER ZONING lAW ARTICLE V - ENFORCEMENT & ADMINISfRATION SECTION 530 - OCCUPANCY ... Section 530 - Certificate of Occupancy .. t: ... L. .... y" L. .. k ~ ... ... .. }, ... .. ... ... .. .. .. .. 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 proposed "use" thereof are in complete conformity with the provisions of this [OraiflaBee]i9lii.:::llw. It shall be the duty of the Building Inspector and Zoning Administrator to issue a certificate of occupancy provided that -fhel :Dip is satisfied that :!ni "building" and the proposed "use" of the "building" or premises 'coliform with all the r"e"quirements herein set forth. 530.2 Continued Conformity Required A certificate of occupancy shall be deemed to authorize and is required for both initialj taHEll continued:Qr:::;,!Ujt,p occupancy and "use" of the "building" or land to which it applies [, and]l:::::lt shall continue in effect as long as such "building" and thentls~"tl1~re()f,()r of such land, is in full conformity with the provisions of [this Ordinance] :li::::ml!liIlIi:and any requirements [in respect to any "structure" or land, or the "use" thereof, the certificate shall 530.3 Existing Structures The Building Inspector shall maintain a record of all certificates, and copies shall be ~~11~4~pon request, to any {period] :RiI~pi having a proprietary interest in the "building" :pi:::it'iP.ii.lj affected. Upon written request from the owner and on payment by him to the Town of a fee in accordance with the current fee schedule the Building Inspector shall issue a certificate of occupancy for any "building" or premises existing at the time of enactment of this [Ordinance ]:eilng~~:~w, certifying, after inspection, the extent and kind of "use" or disposition of the "building" or premises and whether such "use" or disposition of the "building" or premises conforms with the provisions of this [Ordinance].AQuwgEiI. 167 Revised 5/24/96 J J J J J J J J J J J j j" ,~ J J J J J J ill. TOWN OF WAPPINGER ZONING LAW ARTICLE VI - AMENDMENTS ~ iii. ARTICLE VI - AMENDMENTS ... Section 600 - Amendments -- '- L. J;; ~ ~ j: .. L. ... .. .. ... ... , " .. L .... ... 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 .~IIi9ii:::liI91::::II{ Planning Board [Re\'iew] Every sU:.~:.:..e.~~p:~s..~.:?:.:.:.~.~~.e~~~~!.:.:.?~.:.~e.e~~::,:.jv/hether initiated by the ToVt'fl Board or by :it:~;~~~!~~~~'l~'!!rlli.I'~~:&~ft~e~:~~~ f;r~~J::r~l.~~~&~i'~~\~::~~ 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 [Ordinance] :_B8.::." In recommending the [rejeetiofl or re..ision]:mgpmii~~9i:::gt::9mlpRi~1 of any proposed amendment the Planning Board shall similarly state its reasons. [No amendment of this Ordinance, of whatever nature that Bas not been appro';ed by the Planning Board, shadl be adopted, except by at least a 1\\'0 thirds (2/3) vote of the Town Board, where rejeeted by a two thirds (2/3) vote of the Planning Board, pro'/ided that failure OR the part of the Planning Board to report to the TO'tlIfl. Board its reeommendations on any proposed amendment initiated by petition or by resoltition of the Towil Board v.ithin fort). fhe (45) days after initiation of proceedings therefor shall be deemed to be approved thereof, unless ... 170 Revised 5/24/96 TOWN OF WAPPINGER ZONING lAW ARTICLE VI - AMENDMENTS J J J J J J J J .J J J J J J .J J ~ J Revised 5/24/96 J 600.3 Dutchess County Department of Planning and Development Review 600.3*ffl 600.3~~ 600.3~4[3] 600.3;~ 600.4 Additional Notification 171 .... TOWN OF WAPPINGER ZONING LAW ARTICLE VI - AMENDMENTS l.. 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 this {OrafBaBee] t_i:B, 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 L. "structure" or for the occupancy of any land or "building" in any manner that would be contrary to the provisions of the proposed amendment. .. wappzn96\600.doc .. } ... .li. iI. ... .. .. ... ... .. ... .... 172 Revised 5/24/96 ... J J j J j J J J j J J .J j J J J J J J