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1994-01-14 ----- ~cV v 350 Theodore Fremd Avenue Rye, New York 10580 (914) 967 -6540 RECEIVED JAN 1 4 1994 SUPERVISOR'S OFFICE TOWN OF WAPPINGER David J. Portman, AICP Howard I. Reynolds, PE David H. Stolman, AfCP FREDERICK P. CLARK ASSOCIATES, INC. Planning / Development/ Environment/Transportation Rye, New York and Southport, Connecticut Michael A. Galante Joanne P. Meder, AICP Jim Donovan, RLA ASLA MEMORANDUM To: supervisor Constance o. Smith and the wappinger Town Board Date: January 14, 1994 subj ect: Proposed Zoning Amendments - Environmental Assessment Form and Resolution of Introduction As requested, attached for your consideration is an Environmental Assessment Form and resolution of introduction of the Local Law adopting the proposed amendments to the zoning Law. Daniel K. Wery, AICP Associate/planning Attachment cc: Albert P. Roberts, Esq., Town Attorney Joseph E. paggi, Jr., P.E., Town Engine~ Herbert J. Levenson, Zoning Administrator 500\wap4-010.dkw Connecticut · (203) 255-3100 FAX · (914) 967-6615 Long Island · (516) 364-4544 14-16-2 (2!87)-7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent. Iy. there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially. large impact. The form also identifies whether an impattcan be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: n: Part 1 xx Part 2 DPart 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 jf appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: XX A. The project will not result in any large and important impact[s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepa.red. o B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required. therefore a CONDITIONED negative declaration will be 'prepa.red.- o C. The project may result in one or more large and important impacts that may have a significant impact on the environment. therefore a positive declaration will be prepared. - A Conditioned Negative Declaration is only valid for Unlisted Actions Proposed Amendments to the Town of Wappinger Zoning Law Name of Action Wappinger Town Board Name of Lead Agenc)' Constance O. Smith Supervisor Print or Type Name of Responsible Officer in Lead Agency Ti:le of Re~ponsible Officer Signature of Responsible Officer in Lead ,~gencv Sigr;a:ure of Pre:)G~er [if d:iferen: Irom responSible officer) January 11, 1994 Da;e PART 1-PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form. Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be 'dependent on information currently available and will not involve new studies. research or investigation. If information requiring such additional work is unavailable. so indicate and specify each instance. NAME OF 1.CTION Pro osed Amendments to Wa in er Zonin Law LOCATION OF ACTION (Include Street Address, Municipality and County) Town of Wa in er Dutchess Count New York NAME OF APPLICANT/SPONSOR Wa in er Town Board ADDRESS 20 Middlebush Road P.O. Box 324 CITYfPO Wa in er Fa lIs NAME OF OWNER (If different) BUSINESS TELEPHONE ( 914) I STATE I ZIP CODE NY I 90-0 BUSINESS TELEPHONE ADDRESS cmfPO ZIP CODe DESCRIPTION OF AcnON Amendment of Town of Wappinger Zoning Law to update definitions of terms used throughout the Local Law and to extend the existing application review fee reimbursement procedures to all land use applications before the Town Board, Planning Board and Zoning Board of Appeals. Please Complete Each Question-Indicate N.A. if not applicable A. Site Description - Not Applicable Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: DUrban Olndustrial DCommercial OResidential (suburban) DForest OAgriculture DOther 2. Total acreage of project area: APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards. cropland. pasture, \"'etland (Freshwater or tidal as per Articles 24, 25 Water Surface Area Unvegetated (Rock, earth or rill) Roads. buildings and other paved surfaces Other (Indicate type) 3. What is predominant soil tvpe(s) on project site? a Soil drainage: eWel1 drained % of ~Ite =Moderately well drained % of site CPoorly drained % 01 site b If any agricultural land is involved, how man\' ac:e~ of ~oil are cla~sjfied wlt~in soil group 1 through 4 of the NYS Land Classification Svstemt acres (See 1 ~YCRR 370) ORural (nor,-farm) acres. PRESENTL Y AFTER COMPLETION acres acres acres acres etc) acres acres or E ell acres acres a c res acres acres acres acres acres acres acres 4 .~rf there bedrock outcroppings on project site? a ""'hat is depth to bedrock' =Ye~ ="-'0 [In feet) 2 5. Approximate percentage of proposed project site with slopes: DO-10% D15% or greater ~~ C10-15% % % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? DYes DNo i. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? DYes oNo 8. What is the depth of the water table? (in feet) 9. Is site located over. a primary, principal, or sole source aquifer? DVes DNo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? DVes oNo 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? DYes oNo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) DYes oNo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? DVes oNo If yes, explain 14. Does the present site include scenic views known to be important to the community? DYes oNo 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is trib'utary ; 6. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by.existing public utilities? DYes DNo a) If Ves, does sufficient capacity exist to allow connection? DYes oNo b) If Yes, will improvements be necessary to allow connection? DVes oNo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25.AA, Section 303 and 304? oVes oNo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 DYes oNo 20. Has the site ever been used Tor the disposal of solid or hazardous wastes? eYes DNo B. Project Description - N.A. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor acres. b. Project acreage to be developed: acres initially; aues ultimately. c. Project acreage to remain undeveloped acres. d. Length of project, in miles: (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed %; f. Number of off.street parking spaces existing ; proposed g. Maximum vehicular trips generated per hour (upon .completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Liltimately I. DimenSions (In :eet) of largest proposed structure height; """IC1h, length J. Linear feet of iro:itage along a publiC thoroug:hiare pro:ect "III occup\' ISl , , 3 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? tons/cubic yards 3. Will disturbed areas be reclaimed? DYes 01'.'0 ON/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? DYes DNo c. Will upper subsoil be stockpiled for reclamation? DYes DNo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? DYes DNo 6. If single phase project: Anticipated period of construction 7. If multi-phased: a. Total number of phases anticipated b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? DYes DNo 9. Number of jobs generated: during construction 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? months: (incl.uding demolition). (number). month month DYes year, (including demolition). year. ONo ; after project is complete eYes ONo If yes, explain 12. Is surface liquid waste disposal involved? DYes DNo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? DYes ONo Type 14. Will surface area of an existing water body increase or decrease by proposal? DYes DNo Explain 15. Is project or any portion of project located in a 100 year flood plain? DYes DNo 16. Will the project generate solid waste? DYes DNo a. If yes, what is the amount per_month tons b. If yes, will an existing solid waste facility be used? DYes ONo c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landiill? DYes DNo e. If Yes, explain 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate oi disposal? b. If yes, what is the anticipated site life? DYes ONo tonsimonth. years. 18. Will project use herbicides or pesticides? DYes DNo 19. Will project routinely produce odors (more than one hour per day)? DYes DNo 20. Will project produce operating noise exceeding the local ambient noise levels? DYes D~o 21. Will project result in an increase in energy use? If yes, indicate type(s) 22. If water supply is from wells. indicate pumping capacity uYes ONo gallons/minute. :'3. Total anticipated water usage per day 'I ' gallons/oay 24. Does project involve Local, State or Federal funding? If Yes, explain ::Yes D~o 4 C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? QgYes DNo If Yes, indicate decision required: rnzoning amendment Dzoning variance Dspecial use permit Dsubdivision Osite plan Onewjrevision of master plan Dresource management plan Dother 2. What is the zoning classification(s)of the site? N. A. 3. What is the maximum potential development of the site if developed as permitted by the present zoning? N.A. 4. What is the proposed zoning of the site? N. A. 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N.A. 25. Approvals Required: City, Town, Village Board City, Town, Village Planning Board City, Town Zoning Board City, County Health D~partment Other Local Agencies Other Regional Agencies State Agencies Federal Agencies ~Yes DYes DYes DYes DYes DYes DYes DYes Type Submittal Date ONo I!9No lID No IZJNo IZJNo ~No ~No ~No Adoption of local law (Recommendation only) 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ~Yes ONo 7. What are the predominant land users) and zoning classifications within a 1,1. mile radius of proposed action? N.A. 8. Is the proposed action compatible with adjoining/surrounding land uses within a V. mile? 9. If the proposed action is the subdivision of land, how many lots are proposed? N. A. 'a. What is the minimum lot size proposed? i O. Will proposed action require any authorization(s) for the formation of sewer or water districts? DYes ONo N.A. DYes ~o : 1. \"'ill the proposed action create a demand for any community provided services (recreation, education. police. fire protection)? DYes . DNo - .., I ~. a. if yes, is existing capacity sufficient to handle projected demand? ~No DYes DNo N.A. Will the proposed action result in the generation of traffic significantly above present levels? DYes a. If yes, is the existing road network adequate to handle the additional traffic? DYes ONo D. Informational Details .A.ttach any additional information as may be needed to clarify your project. If there are or may be any adverse l:npacts a5Sociated with your proposal, please discuss such impacts and the mea~ures which you propo~e to mitigate or 2void them. (See Attachment) E. Verification I certify that the information provided above is true to the best of my knowledge ';pplicant/Sponsor Name Con~tance O. Smith Signature Date l/U/94 Title Supervisor If the action is in the Coastal Area, and you are a stale agency. complete the Coastal Assessment Form before proceeding with this assessment. 5 Part 2-PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of lead Agency General Information (Read Carefully) . In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonableJ The reviewer is not expected to be an expert environmental analyst. . Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. . The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. . The' impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. . The number of examples per question does not indicate the importance of each question. . In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be an)' impact b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the j'mpact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by changers) in the project to a small to moderate impact. also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON LAND ,. Will the proposed action result in a physical change to the project site? IDNO DYES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, (15 foot rise per 100 foot or length), or where the genera.l slopes in the project area exceed 10%. · Construction on land where the depth" to the water table is less than 3 feet. · Construction or paved parking .area for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet or existing ground surface. · Construction that will continue for more than 1 year or involve :ilore than one phase or stage. · Excavation for mining purposes that would remove :ilore than' ,ODD tons of natural material (i e., rock or soil) per year. . Construction or expansion of a sanitary landfill · Construction in a desigr.ated iloodwav. . Other impacts Will there be an effect t: ...IY ur"que or unusual land iorms found on ,he site? (ie., cliffs, dunes. geological formations. etc)==~O LYES . S;:>ecific land forms: 6 1 2 . 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change 0 n UYes UNo 0 0 L;Yes 0:-"'0 [) 0 nYes ONo 0 0 DYes ONo 0 II UYes - "-' '--' :-..' 0 0 [] fiYes CI~'O 0 n L...,Yes LNo 0 U UYes r:No 0 0 UYes - ~~o LJ - ~ L-;Yes LNo IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) ~NO DYES Examples that would apply to column 2 . Developable area of site contains a' protected water body. . Dredging more than 100 cubic yards of material from channel of a protected stream. . Extension of utility distribution facilities through a protected water body. . Construction in a designated freshwater or tidal :-,"'etland. · Other impacts: 4. Will proposed action affect any non-protected existing or new body of water? ~NO DYES Examples that would apply to column 2 . A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. . Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? ~NO DYES Examples that would apply to column 2 · Proposed Action will require a discharge permit. . Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. . Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. · Construction or operation causing any contamination of a water supply system. . Proposed Action will adversely affect groundwater. . Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20.000 gallons per day. e Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast ;0 natuT,,1 conditions. · Proposed Action will require the storage of oetroleum or chemical products greater than 1.100 gallons. · Proposed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial andior inoL.:strial uses which may require new or expansion of existing waste treatment and.or storage facilities. · Other impacts' 6 \Yill proposed action alter drainage iiow or pa:ter:--s, Of suriace water runoff? !"O =ns Examples that would apply to column 2 · Proposed ,A.c:ion would chi'lnge ilood wa:er flol".s. 7 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change D 0 DYes ONo D 0 DYes ONo D 0 DYes ONe D 0 DYes ONo D 0 DYes ONo 0 0 DYes ONo 0 0 DYes ONe D U DYes ONo D 0 DYes DNo D 0 []Yes ONo n n nYes ONo 0 0 DYes nNo n 0 DYes ONo n 0 nYes DNo - 0 Ii nYes I ;No '-' n I I UYes UNo 'I Ii :IYes rNo - - 'I r:Yes u~o --' '-' U CJ r:Yes UNo :i 0 ~Yes L-J"Io : - r-v : No - - ~ .e5 ~ Proposed Action may cause substantial erosion. . Proposed Action is incompatible with existing drainage patterns. . Proposed Action will allow development in a designated floodway. . Other impacts: IMPACT ON AIR /. \o\'ill proposed action affect air quality? ~NO DYES Examples that would apply to column 2 . Proposed Action will induce 1,000 or more vehicle trips in any given hour. . Proposed Action will result in the incineration of more than 1 ton of refuse per hour. . E mission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. . Proposed action will allow an increase in the amount of land committed to industrial use. . Proposed action will allow an increase in the density of industrial' development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS Will Proposed Action affect any threatened or endangered species? ~NO OYES- Examples that would apply to column 2 . Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. · Removal of any portion of a critical or significant wildlife habitat. · Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. . Other impacts: S Will Proposed Action substantially affect non-threatened or non-endangered species? ~NO eYES Examples that would apply to column 2 . Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. · Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES \,\'i11 the Proposed Action affect agricultural land resources? XNO eYES hamples that would apply to column 2 . ;~,e proposed action would sever, cross or limit acceH to agricultural :e::id (includes cropland, hadields, pasture, vineyard, orchard, E'lC ) ~ u 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change 0 0 DYes oNo 0 0 DYes ONo 0 D DYes ONo 0 D DYes oNo 0 D DYes oNo 0 0 DYes ONo 0 0 DYes oNo 0 D DYes oNo 0 0 DYes ONo 0 D DYes oNo 0 D DYes ONo 0 D DYes ONo 0 D nYes nNo 0 D DYes DNo I i ! ! UYes LlNo U U nYes QNo ~ , ~)' es I~O · Construction activity would excavate or compact the soil profile of agricultural land. · The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. · The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) · Other impacts: IMPACT ON AESTHETIC RESOURCES -11. Will proposed action affect aesthetic resources? [2gNO DYES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix S.) Examples that would apply to column 2 · Proposed land uses, or p~oject components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant screening of scenic views known to be important to the area. · Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES -I:::. \^/ill Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? [XNO DYES Examples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. · .A.ny impact to an archaeological site or fossIl bed located within the ~roject site. . Proposed Action will occur in an area designated as sensitive for archaeological sites on the !\.'YS Site Inventory. Other impacts: IMPACT ON OPEN SPACE AND RECREATION -; 3 Will Propose.d Action affect the quantity or quality of existing or future o~en spaces or recreational opportunities? Examples that would apply to column 2 WO L:YES , I~le permanent foreclosure oi a future recreational opportunitv A major reduction oi an open space important to the community. . O:her impacts: 9 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change 0 0 DYes DNo 0 0 DYes ONo 0 0 DYes ONo 0 0 DYes ONo 0 0 DYes DNo 0 D DYes ONo . 0 D DYes oNo 0 D DYes oNo 0 D DYes DNo n D DYes UNo J....J 0 0 DYes I INo [] 0 UYes C!\.'o I ; U DYes UNo "-' C D eVes iNo [J 0 eVes r,No IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? lXINO DYES Examples that would apply to column 2 . Alteration of present patterns of movement of people and/or goods. . Proposed Action will result in major traffic problems. · Other impacts: IMPACT ON ENERGY '5. Will proposed action affect the community's sources of fuel or energy supply? ~NO - DYES Examples that would apply to column 2 . Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. . Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. · Other impacts: NOISE AND ODOR IMPACTS '6. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ~NO DYES Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facility. . Odors will occur routinely (more than' one hour per day). . Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. . Proposed Action will remove natural barriers that would act as a noise screen. · Other impacts: IMPACT ON PUBLIC HEALTH '7. Will Proposed Action affect public health and safety? ~NO DYES Examples that would apply to column 2 . Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc) in the event of accident or upset conditions, or there maybe a chronic low level discharge or emission. . Proposed Action may result in the burial of "hazardous wastes" in any form (ie. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) . Storage facilities for one million or more gallons of liquified natural gas or other flammable liquics . Proposed action may result in the excavation or other disturbance Within 2.000 feet of a site used for the disposal of solid or hazardous waste. · Other impacts: 10 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change 0 0 DYes oNo 0 0 DYes oNo 0 0 DYes oNo 0 0 DYes oNo 0 D DYes nNo 0 0 DYes oNo 0 0 DYes DNo 0 0 DYes oNo 0 0 DYes oNo 0 D DYes DNo D 0 DYes oNo U 0 UYes UNo ~ n rlYes eNo L.J .-! n 0 nYes 01'0 " 0 DYes [J~o u - ;1 nYes C".'o - - IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD Will proposed action affect the character of the existi~,8 community? e9NO DYES Examples that would apply to column 2 . The permanent popu"ati~n of the city, town or village in which the project is located is likely to grow by more than 5%. . The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. . Proposed action will conflict with officially adopted plans or goals. . Proposed action will cause a change in the density of land use. . Proposed Action will replace or eliminate existing facilities, structures or areas of historPc importance to the community. . Development will create a demand for additional community services (e.g. schools, police and fire, etc.) . Proposed Action will set an important precedent for future projects. . Proposed Action will create or eliminate employment. · Other impacts: i8. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change 0 0 DYes ONo 0 0 DYes ONo 0 0 DYes ONo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo 0 D DYes DNo 0 D DYes ONo 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? QgNO DYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3" Part 3-:-EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. 1 nstructions Discuss the following for each impact identified in Column 2 of Part 2: 1 Briefly describe the impact. .., Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3 Based on the information available, decide if it is reasonable to conclude that this impact :s important. To answer the question of importance, consider: · The probability of the impact occurring · The duration of the impact · Its irreversibility, including permanently lost resources of value · \"'hether the impact can or will be controlled · The regional consequence of the impact · Its potential divergence from local needs and goals · Whether known objections to the project relate to this impact. (Continue on attachments) 11 . Environmental Assessment Form Part 1 D. - Informational Details PROPOSED AMENDMENTS TOWN OF WAPPINGER ZONING LAW The Town Board of the Town of Wappinger has determined that the Town of Wappinger zoning Law requires updating and correction. The Town Board has authorized the preparation of recommended revisions and other amendments as part of a series of comprehensive updates of the Town's zoning Law. The primary purpose of the comprehensive zoning revisions is 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. The proposed amendments now being considered are the first set of changes in what is expected to be a continuing effort to update the zoning Law. No other recommended zoning changes have been prepared or are under consideration by the Town Board at this time. The Town Board currently has before it for consideration proposed revisions to Article II of the Zoning Law regarding definitions. The proposed revisions include the addition of several new definitions and the deletion of a few which no longer are of use and the modification of others to reflect current planning practice, to work more efficiently with the existing zoning regulations, and to eliminate unclear wordiog which beg interpretation. The Town Board also has before it for consideration proposed amendments regarding the reimbursement of application review fees which would extend the existing reimbursement procedures to all land use applications coming before the Town Board, the Planning. Board and the Zoning Board of Appeals. The proposed amendments will not change any zoning districts, any permitted uses, nor any of the land use regulations. The proposed amendments will not result in any physical changes to the environment. Rather, the proposed amendments will eliminate grammatical and typographical errors, confusing or ambiguous wording and will extend existing procedural requirements to other sections of the Zoning Law. SOO\wap4-007.dlcw liD-' J-- . ~'f~-@ "','rV) \ ' \ ~'\\ GERALD A. VERGILlS" KENNETH M. STENGER ANTONIA T. LUCIA ALBERT P. ROBERTS JOAN F. GARRETT"" THOMAS R. DAVIS VERGILIS, STENGER, LUCIA & ROBERTS A TIORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (914) 298-2000 FAX (914) 298-2842 LEGAL ASSISTANTS: DALE O'DONNELL AMY E. WOODARD . ADMITTED TO PRACTICE IN NY & FLA. POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (914) 452-1046 .. ADMITTED TO PRACTICE IN NY & CONN. ADDRESS REPLY TO: ( ) POUGHKEEPSIE ( ) W APPINGERS March 25. 1994 Hon. Constance O. Smith Supervisor - Town of Wappinger 20 Middlebush Road PO Box 324 Wappingers Falls. New York 12590 Hon. Elaine H. Snowden Town Clerk - Town of Wappinger 20 Middlebush Road PO Box 324 Wappingers Falls, New York 12590 RE: ZONING REVISIONS Our File No. 5459. 0126 Dear Connie & Elaine: I submit herewith copies of the Revised Introductory Resolution, proposed Local Law, and Notice of Public Hearing in connection with Zoning Revisions prepared by Daniel K. Wery of Frederick P. Clark Associates, Inc. dated March 16, 1994. Dan's office has previously forwarded the long form EAF which can be completed at the conclusion of the Public Hearing scheduled for April 25, 1994. Dan has forwarded via Federal Express the "Ribbon" copy to Elaine for adoption on Monday night. f' .. Page 2 Zoning Revisions Very truly yours, VERGILIS, STENGER, LUCIA & ROBERTS ~BER~ APR/mem NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of Wappinger will conduct a Public Hearing on the day of , 1994 at 7:30PM at the Town Hall, Town-Qf Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time, all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a proposed "Local Law Amending Local Law No. 5 of 1990, as Amended" the Zoning Law of the Town of Wappinger, by the additions to, or revisions and amendments to certain Articles and/or sections of the Zoning Law, adopted on the 26th day of November, 1990, and as amended from time to time thereafter. PLEASE TAKE FURTHER NOTICE that the text of the proposed amendments is summarized as follows: 1. Article II "Definitions" has been edited and redrafted for the purposes of clarifying and updating the various definitions to reflect currently accepted planning standards and practice which will better clarify the meaning and interpretation of words used in the Zoning Law; 2. Article IV, "Requlations", section 432 "Application for a Special Permit" has been amended to require an applicant to establish an escrow account for reimbursement of Special Permit application review fees by the Town's professionals; 3. Article IV, "Reglulations", Section 450.2 "Application for site Development Plan Approval" has been amended to require an applicant to establish an escrow account for reimbursement of site Development Plan Approval application review fees by the Town's professionals; 4. Article V "Enforcement and Administration" has been amended by adding a new section to authorize and establish a fee schedule and outline the procedures for reimbursement of professional fees in connection with various applications before the Town Board, the Planning Board and the Zoning Board of Appeals; 5. Article V "Enforcement and Administration" Section 515.1 "Application" has been amended to authorized the Zoning Board of Appeals to establish an escrow fund for reimbursement of appeal review fees by the Town's professionals; 6. Article VI "Amendments" Section 601 "General provisions" has been amended to authorize the Town ,~ Board to establish escrow fees for reimbursement of application review fees by the Town's professionals on applications for Zoning Amendments; PLEASE TAKE FURTHER NOTICE that the full text of the proposed amendments will be available for review and inspection at the Office of the Town Clerk on weekdays from 8:30am to 4:00pm BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER DATED: JANUARY 26, 1994 ELAINE SNOWDEN TOWN CLERK Lo~cat ~aw Filing NEV YOR~ STATE DEPARTMENT OF STATE ..~ VASHIWGTOH AVENUE, ALBANY, NY 12231 (Use this f01&11 to file a loc:allaw with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. .~ ~ of WAPPINGER To wn ..........................................-.......................................~..\............_................... ~ Local La'\\' No. .................................................... of the year 19 ~.~.... A local la w ..~~.~!!~::.~..~~~.~~...~::~...~~.:....?...'?.~...~?..?.9.?....:~.:...~~~~~.~..!:~~..:>_~...:!::...:~~...~.~..!~.~?.~ng e r , a s Amend e ( (In.en Title) TOWN BOARD Be i ten act e d by the .................................................................................................................................._......0 r the (Name or Le(i.lative Body) ~ ~ Town mtta WAPPINGER . o f ..........................................;....................................................................................................... as r 0 I lows: SECTION 1. LEGISLATIVE INTENT It is the intention of the Town Board of the Town of Wappinger, in the interests of the Public health, safety and welfare, and consistent with appropriate land use practices, to amend certain Articles/Sections of the Town of Wappinger Zoning Law. Accordingly, the Zoning Law of the Town of Wappinger, adopted on the 26th day of November, 1990, and amended from time to time thereafter, is hereby further amended by the adoption of the following additions, revisions and amendments to the text thereof as set forth in ,the following Sections of this Loca.l Law. (TEXT CONTINUED ON NEXT PAGE) (Ir additional space is needed, attach pal:es the same size as this sheet, and Dumber e:lch,) (l) pection 2.. Article II of Local Law No. 5 of 1990 is hereby amended to read as followsl ~RTICLB JI. DE~INITIONS S 200 - INTRODUCTION For the ~urposes of this Zoning Law only, certain words and t'erms used herein are defined in this Article. Defined terms are printed in quotation marks throughout this Zoning Law. '201 - GENERAL CONSTRUCTION OF LANGUAGE The following rules of construction apply to the language of this Zoning Law. 201.1 201. 2 201.3 201.4 201.5 201. 6 201.7 The specific shall control the general. All words used in the present tense include the future tense. All words in the singular number include the plural number, and vice-versa, unless the natural construction of the wording indicates otherwise. Words used in the masculine gender include the feminine and neuter, and vice-versa, unless the natural construction of the wording indicates otherwise. The word shall is mandatory; the word may is permis~ive. The word includes shall not limit a term to the specified examples, but is intended to extend its meaning td all other instances or circumstances of like kind or character. Unless the context clearly indicates the contrary, ~here a regulation involves two or more items, conditions, provisions, or events oonnected by the conjunction!ADSI ~, or either...or, the conjunction shall be interpreted as follows: 201.1.1 AD!! indicates that all the connected items, conditions, provisions, or events shall apply. Ql;: indicates that the connected items, conditions, provisions, or events may apply singly or in any combination. 201.7.2 . . r-I '" ..t:.. .;;;.J :;1' ..... ,... ~..L ~-~;;.:> q. ~,.., __ I- ..... f"'I(; ...... H ::> :::.0 U '- 201. 8 201.9 201.10 ~01.11 201.12 201.13 ,..... _ -=:;J <::> 201.7.3 Either...or indicates that the connected items, conditions, provisions or events shall apply singly but not in combin~tion. A "building" or "structure" includes any part thereof. Each of the words "l2.1;", ~ and tract of land shall include the others. The word Dremises shall include land and "buildings" thereon. The words occuDied and used shall be considered tb be followed by the words or intended. arranged or desianeg to be occunied or used, unless the natural construction of the wording indicates otherwise. References made to officials and official bodies shall mean officials and official bodies of the Town of Wappinger unless the natural construction of the wording indicates otherwise. - The term Comprehensive Plan means the Town of Wapp~nger Comprehensive Plan adopted by the Town Planning Bo~rd. Unless otherwise specified, all distances shall be measured horizontally. 201.15 In case of any difference of meaning bet~een the te~t of this zoning Law and any caption or illustration, the text shall control. 201.14 201.16 The term Zonin9 Administrator means the person designated by the Town Board to administer this zoriing Law. 201.17 Where terms are not defined, they shall have their ordinarily accepted meanings or such as the context may imply. S 202 - DEFINITIONS Accessoty Apartments A "dwelling unit" which is incidenta~ and subordinate to and located within the same "building" ~s a permitted "one-family dwelling". ~lter: To change, enlarge or rearrange the structural parts or the entrance or exit facilities of a "structure", or to move a "building" from one location or position to anoth~r. Arts an4 Crafts occupation: Any "use" involving the indiv!dual creation, fabrication, storing or retail sale of items or articles 2 . . r-t I"'- ""'" ~ :1' ~ r- J'"I;. ~ .L ....- ;; .:> ;;:) r- r- __ L.. ...... ....... '" ..... ;;::) .;II ...,. --- considered to be of an artistic nature, includin9 drama, music, painting, pottery and sculpture studios. Basement: A portion of a "building" which is partly underground, but which has less than half of its clear height below the average elevation of the adjoining ground. (See definition'of "Cellar" for comparison.) Boarding House: A "dwelling" occupied by one (1) "family" with three (3) or more boarders, roomers or lodgers in the same household, who are lodged with or without meals, in which there are provided such services as are incidental to 1 ts "use" ~s a temporary residence for part of the occupants and for which compensation is paid, either directly or indirectly. The 'term "boarding house" shall include "rooming house", tourist house, lodging house, bed and breakfast, but not foster home. Buil4i~9: Any "structure" having a roof which is self-supporting or supported by columns or similar supports or by walls, and which is intended . for the shelter, housing. or enclosUre of persions, animals or property. Buildinq, Accessory: A "building" which is subordinate to the "principal building" on the "lot" and used for purposes custom~rilY incidental to that of the "principal buildin9". Wher~ an "accessory building" is attached to the "principal building" in a substan~ial manner, as by a wall or roof, such "acc$ssory building" shall be considered part of the "principal building". Buildin~ Area: The total area taken on a horizontal plane at the main grade level of all "principal buildings" and all "acce~sory buildings", exclusive of uncovered "porches", parapets, steps, and "terraces". Building Coverage: That percentage of the "lot area" cover~d by the combined "building area" of all "buildings" or "structures" on the "lot'.. Bui1din9 Height: The greatest vertical distance measured from a point e~ght (8) horizontal feet from the exterior walls ot the "buildingll to the highest point of the roof if the roof is flat, or to the ~ean level between the eaves and the highest point of the roof if the roof is of any other type. Buildinq Le~9~h: The least horizontal distance between the furthermost walls of a "building", measured along or ~arallel to the axis of its greatest dimension. Building, principal: A "building" in which is conducted the main or principal lIuse" of the "lot" on which said "building" is situated. 3 . . ~ ~ ..::: ~ ~ 'to ...... to< J. l. ~- : ~ 6- F P t..; L.. H I"< I".. ~ ::> ::> U ....... r _ ... ~ Builaing Setback Line: A line indicating toe minimum horizontal distance permitted between the outside line of a "structure" or "building" or any projection thereof in excess of three (3) 'feet from the foundation and the "lot line" or "street line". camp: Any area of land, or of land and water, including any "buildings", tents, shelters or other accommodations, which are intended for temporary or seasonal living purposes, and any "dwelling units" on such land which are occupied by the owner, caretaker, or superintendent. Camp, Day: Any "camp", as defined in this Zoning LaW, offering "day care" or instruction for adults or chi~dren. Cella~: A portion of a "building" which is partly or w~olly underground, and which has half or more than half of its clear height below the average elevation of the adjoining ground. (See definition of "Basement" for comparison). Cliniol An establishment where patients are admitted for e~amination and treatment by one or more physicians, dentists, psychiatrists or social workers, and where patients are not usually lodged overnight. Club: A voluntary organization, not conducted for gain, witn the facilities catering principally to members and to their guests for recreational, athletic or social purposes. convalesqe~t Home or Nursing Home: Any establishment where three (3) or more persons suffering from or afflicted with, or convalescing from, any infirmity, disease or ailment, are habitually kept or boarded or housed for remuneration, other than municipal or incorporated "hospitals" and establishments lic~nsed by the State Commissioner of Mental Hygiene, and other than maternity homes licensed by the State Commissioner of Health, Corner Lot: A "lot" situated at the junction of and fronting on tWQ (2) or more intersecting "streets" where the angle of the "streets" is one hundred and thirty-five degrees (135- ) or less. Day care Center: A "structure", together with the nece~sary surrounding lands, which contains a program providing carEi for three (3) or more children away from their home for more than ~hree (3) hours per day, e)(cluding those children receiving "Family Day Care" as defined in this section. The term "Day Care Center" shall not refer to: -a "day camp"; an after school program operated for the primary purpose of religious education: or a facility operated by a "public school" district. Decibel: A unit of measurement of intensity of sound (the sound pressure level). 4 ..r-1'..... ..........., -,--r r-~.... ~~_~o rr ~~~~~ ~~~~~ Density Unitl A measure of residential "use" equal to one (1), or a proportionate combination adding to one (1), of the following: 1. lope-family "detached dwelling unit". 2. 1 "dwelling unit" containing three (3) or more bedrooms in a permitted type of "dwelling" other than one-family "detached dwelling units". 3. 1.5 "dwelling units" containing two (2) bedrooms eac}:l in permitted "dwellings" other than one-family "detached dwelling units". 4. 2 "dwelling units" containing one (1) bedroom each in permitted "dwellings" other than one-family "d~tached dwelling units". 5. 2 studio or efficiency "dwelling units" in perm~tted "dw~llings" other than one-family "detached dwelling units". Designed Residential Development: A group of resid~ntial "dwelling units" ~nd "accessory uses" constructed or to be ~onstructed'as a unified project under a General Land Use and Development Plan approved in accordance with the requirements of this Zoning ~aw. Dump: A "lot" or parcel of land, or part thereof~ used primarilY for the disposal by abandonment, dumping, burial, burning, or any other means and for whatever purpose, of 9arb~ge, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind. (See definition of "Junk Yard~ for comparison). Dustl Solid "particulate matter" capable of being air or gas borne. Dwellingl units". A "building" containing one (1) or more "dwelling Dwelling, One-Family: A "dwelling" containing a single principal "dwelling unit". Dwelling~ Two-Family: A "dwelling" containing two (2) principal "dwellin~ units". Dwelling, MUlti-Family: A "dwelling" containing three (3) or more "dwelling units". Dwelling Unitl A "building" or portion thereof providing com'plete housekeeping facilities for one "family" including independent kitchen, sanitary and sleeping facilities, and physically separate from any other "dwelling unit" whether or not in the same "building". 5 MAR-25-94 FR I 1 1 - -7 FP _~ CLARK ASSOC p - ~ :..::: Dwelling Un! t, Attached: A "dwelling unit" having at least one (1) common wall, floor, or ceiling with one (1) or more other "dwelling units". Dwelling unit, Detached: A single "dwelling unit" located in its own separate "building" which does not abut any other "dwelling unit". Fa.ctory HanufacturecS Home: A "structure" designed for residential occupancy, which is constructed by a method or system of construction whereby the "structure" or its components are wholly or in s~bstantial part ~anufactured in manufacturing facilities, and which is intended or designed for permanent installation, or assembly and permanent installation, on a foundation, on a "building" site. Familyz A group of related individuals or not more than four (4) unrelated individuals living and cooking together as a slngle housekeeping unit.. A foster home under the jutisdiction of a public agency shall be considered a "family" for the purpose of this zoning Law. . Family Day Care Home: A "structure", together with the necessary surrounding lands, which contains a program provi4ing care t~r at least three (3) but not more than six (6) children,away from their home for more than three (3) hours per day. A "Family Day; Care Home" as defined herein is generally operated . in an existing residential "structure", by a resident thereof, a~d is subje~t t6 licensin9 by the New York state Department of social Services. Farm use: The "use" of a parcel of land either as a "prin6ipal use" or as an "accessory use" for the purpo~e of producing agricult.ural, horticultural, floricultural, vegetable or fruit products of the soil, livestock or meats, poultry, eggs, ~airy products, nuts, honey, wool or hides, but shall not include the breeding, raising or maintaining of fur-bearing animalsl, or piggeri~s, abattoirs, riding academies, livery stables or "commercial kennels". Fast Fo~4 Establishment: A business enterprise primarily engaged in the $ale of pre-prepared or quickly prepared fOod and beverages in disposable containers or wrappers, selected by patrons from a limited line of specialized items such as hambyrgers, chi~ken, pizza, tacos, hot dogs, ice cream or yogurt for consumption eit~er on or off the premises, in a facility in which a major porti~n of the sales to patrons is at a stand-up or dr~ve-throUgh. type counter. A delicatessen or a "restaurant" selling food and beverages for consumption off the premises is not a "fast food establishment" provided such sale as described above is no~ the principal business of the establishment. The conduct of a bakery or delicatessen shall not be deemed to be a "fast food establishment". 6 . . ___ ....... ..c.. ..J =-' -. r- r:;..L .L.L;; .:> <Co r-,..... '- L... .... ro.. ,...." r-'I ~ ~ ...... '- ~iled Hapl Any map Qr plat filed in the County Clerk's Office of Dutchess. County. floodl A temporary increase in stream flow or stage that results in water inundating areas adjacent or near to the usual channel. 1'100d...Prone Areas or Plood plain: The channel of a watercourse and its adjacent areas subject to inundation by the lOO-year recurrence interval "flood". 1'1004, lOO-Yearl The highest level of "flood" that, on the average, is that which has a one percent (1%) chance of occurring in any year. floor Area, Gross (GFA): The sum of the gross horizontal area of every floor of a tlbuilding" or "buildings", me~sured from the exterior faces of the outside walls of such "buildingstl, but not to include "porches", "terraces", "basements", "cellars" or unfinished floor areas having a clear head room of less than seven (7) feet. Floor Area Ratio (FAR) : The "gross floor area" of all "buildings" on a "lot" divided by the area of such "lot". Frequenoy: The number of oscillations per second of a vibration. ,rontaqe: The continuous extent of a "lot" along a "street". Garage, private: An "aocessory building", or that part of a "principal building", which is primarily used only for the storage of motor vehicles belonging to residents, employees or visitors of the premises. Garaqe, Repair: A "building", or portion thereof, used for the storage, care or repair of motor vehicles for remuneration, or the incident;.al sale of motor fuels dispensed from pumps, or the incidental sale of motor vehicle accessories, or where motor vehicles are kept for hire or sale. Gasolin$ Filling station: An area of land, including "structures" thereon, or a "building" or part thereof, other than a "r.palr garage", that is primarily used for the sale of motor fuel or motor vehicle accessories, and which may include facilities for lubricating, washing, or other minor servicing of motor vehi9les, or the t~tail sale of sundries including snaoks an~ beverages~ but excluding body.work, major structural repair or painting thereof by any means. Grade, ~inished: The "finished grade" at any point along the wall of a "building" shall be the elevation of the completed surfaces of lawns, walks, and roads adjoining the wall at that point. 7 ....., _ _ _----r I""'- ~ ...... ...... L.. r"""I '""' ,..... ~ - - - - GreenhoUse I A "building" used as a conservatory for the growing and protection of flowers or plants, and for the propagation and culture toereof. Ho~e Occupation: The performance of a service (an~ not the sale of goods) tor gain, which is conducted entirely within a "dwelling unit" by' the residents thereof, which "use" is clearly incidental and secpndary to the "use" of the "dwelling unit" for reside'ntiat 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 involv~ the keepirg of stock in trade. A "home occupation" shall be li~ited to on~ (1) e~ploye~ and shall not include the coftduct 'of a "clinic", "hospital", tea room, "boarding house", animal hospital, "commercial kennel", "convalescent home", funeral home or store of any kind. Hospi tala A "building" providing primarily in-pat!ent services for the diagnosis and treatment of human ailments, including a sanatorium or hm~dica1 clinic". Hotel: A "building", or portion thereof, containing rooms withou,t individual kitchen facilities, occupied by transieht guests who are lodged with or without meals, which rooms have primary accesS from public halls, and which such "building", or port~on thereof, roa'y 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 s~rvices normally incidental to and associated with such "use". House Trailerl 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 the~eof, with. or without the dismantling, processing, salvage, sale or other "use" or disposition of the same. The deposit o~ storage of two (2) or ~ore wrecked or broken vehicles, or the major parts of two (2) or 'more such vehicles, on a "lot" for a period exceeding six (6) months shall be deemed to make the "lot" a "junk yard". (See definition of "Dump" for comparison.) Jennel,[-)Commercialz An establishment for the treatment, care, boarding or b~eedin9 of dogs or cats for remuneration. ~ennel,[-)Privatel "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. 8 MR~ 2~ 94 FRI 11:39 FP CL~RK ASSU~ r-. .L.;.;;;;J Loading Spaces An off-"street" area or berth for the loading or unloading of commercial vehicles. Lot: A parcel of land occupied, or capable of being occupied, by one (1) "building" and the "accessory buildings" or "~ses" customarily incident to it, including such ope~ spaces as are arranged and designed to be used in connection with such "buildings". Lot A~e4: The total horizontal area included within the "lot lines" of a "lot". Lot Depths The mean horizontal distance between the front and "rear lo~ lines" measured in the general direction of the "side lot lines". Lot Linez A property line bounding a "lot". Lot Line, Front:. In the case of a "lottl abutting only one (1) "street", the "lot line" separating the "lot" from the "street"; in case of any other "lot", the owner may elect any "lot 1 ine" abutting a "street" as the "front lot line". Lot. Line, Rears The "lot line" which is generally opposite the , . I "front lot 11ne". If the "rear lot line" is le$s than ten (10) feet in length, or if the "lot" comes to a point at the rear, the "rear lot line" shall be deemed to be a line drawn parallel to the "front lot line" not less than ten (10) teet long, lying wholly within the "lot" and farthest from the "front lot line". . Lot w14th: The horizontal distance between the "side lot lines" taken at the "front yard" line or "principal building" line and measured along a line which is at right angles to the "lot depth". Medical Clinic: Same as "Clinic". Mobile Home: A movable or portable unit designed and constructed to be towed on its own chassis, comprised of frame and wheels, to be connected to utilities, and designed and constructed without a permanent foundation, for year-round living. A ~nit may contain parts t~at may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity as well as two (2) Qr more separately towable components designed to be joined into one (1) integral unit capable of being again separated into the components. for repeated touring. "Mobile !tome" shall mean units designed to be used exclusively for residential purposes excluding "travel trailer". Mobile Kome Park: Any plot of ground upon which two (2) or more "mobile homes" , occupied for dwelling or sleeping purposes, are or can be located, regardless of whether or not a charge is made for such accommodation. The term "Mobile Home Park" shall include the 9 MAR-25-94 FRI 11:40 FP CLARK ASSOC P _ 1 6 terms "House Trailer" Park, "Mobile Home" Trailer Park, Trailer Camp, or other similar phrase. Motel: A series of attached or detached dormitory units, having a private outside entrance for each unit, providirig an automobile ilparKing space" convenient to each unit, and providing lodging with or without meals and other incidental services for a transient cliente~e. Automobile Court and Tourist Court shall both be deemed to be a "Motel". Non-Conforming Use: A "use" of a "building", "structure" or land that does not conform to the r~9ulations as to "use" in the zoning district 1n which it is located, which "use" was lawful under the Zoning Law in effect at the time the "use" was established. Nursing !lomel Same as "Convalescent Home". NUrsery School: A business enterprise providing care or instruction of three (3) or more children less than six (6) years old and operated in accordance with the Social Services Law of the state of New York. Octave Ban~: A means of dividing the range of sound frequencies into octaves, in order to classify sound according to pitch. ootave ~and Pilter: An instrument, standardized by the American Standards Association, used in conjunction with a "sound level meter" to take measurements in specific "octave b~nds". Offioial Hap: A map, adopted by the Town Board in accordance with the provisions of Section 270 of the Town Law, showing "streets", highways and parks. Drainage systems may also be shown on this map. pa~king Areas An off-"street" area containing one (1) or more "parking spaces", with passageways and driveways appurtenant thereto, having usable access to a "street". Parking Space: An off-"street" space available for the parking of one (1) motor vehicle on a transient basis, having usable access to a "street.". Partioulate Matter: Any finely divided liquid or solid matter, includin~ "smoke", capable of being air or gas borne. Planned Unit Development: A single developme~t containing a combination of one (1) or more of the following: reside~tial "dwellinqs" and/or commercial, industrial and/or office space': all constructed or to be constructed as a unified project under a General Land Use and Development Plan approved in accordance with the requirements of this zoning Law. 10 MAR-25-94 FRI 11:40 FP CLARK ASSOC ........ _ .L r Porch: A roofed "structure" projecting out from the wall or walls of a principal "structure" and which may be open to the weather. Restaur~nt: An establishment which prepares and serves food and beverages selected by patrons from a full menu, served by a waiter or waitress and primarily consumed on the prendses, and ~hic:h contains permanent seating facilities and counters or tables, adequate to accommodate the customers served. The' term "restaurant" shall not be considered to include "fast food establishment", refreshment stand, curb service or drive-in type food establishment. . Ringelmann SmQ~e Charts A chart for determining the density of "smoke" and which is issued by the Federal Bureau' of Mines. Rooming House: Same as "Boarding House." Satellite Reoeiving Antenna: Any apparatus or device, com~only known as an earth. terminal antenna, earth terminal, earth station, satellite communication antenna, satellite antenna, microwave dish antenna, or dish antenna, and which includes as - part of such apparatus or device, the main reflector, sub-reflector feed, amplifier and support "structure", which is designed for the purpose ot receiving microwave, television, radio, satellite or other electromagnetic energy signals from spacei this does not include a conventional television, radio or amateur radio antenna. signs Any "structure" or part thereof, or any device attached thereto or painted thereon, or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, work, model, banner, emblem, light, device, trad~mark or pther represellt~tion used as an announcement, designat.lon, direction, display' or advertisement of any person, firm, group, organization, commodity, service, profession or enterpris~ when plaoed in' such manner that it provides visual communication to the general pUblic out-of-doors, but not including the following: 1. "signs" maintained or required to be maintained by law or governmental order. 2.. The flag or insignia of any government or governmental agency. 11 MAR-25-'9'4 FR I 1 1 : 41 FP CLARK ASSOC P _ 1 a 3. The flag of any civic, political, charitable, religious, fraternal or similar organization, which is hung on a flag pole or mast. 4. Re~igious or other seasonal holiday decoration$ which d~ not contain commercial lettering, wording, designs, symbols or other devices. Sign Ar~a: Where a "sign" consists of a single board or face' with information on one (1) side or both sides, the ar~a which results by including the outside dimensions of such "sign", not including the vertical, horizontal or diagonal supports which may affix the "sign" to the ground or to a "structure" or "build~in9" unless' such supportk are evidently designed to be part of the ~sign" as delined herein.' Where a "sign" consists of several individual faces, the area shall be the total of the area of all such faces which can be observed from anyone (1) point. Where the "sign" consists of individ~al letters or symbols attached to or painted bn a "buildin<J", the area shall be considered to be that;. of the smallest basic geometric shape (rectangle, triangle or circle) which encompasses all of the letters or symbols. Smoke: Any emission into the open air from any source, except emissiops of uncontaminated water vapor. Smoke o~1t: A measure of the quantity of "srnokelt being discha~ged, and is the number obtained by mUltiplying the ItsmoXetl density' in a "Ringelmann Smoke Chart" by the time of emission in minutes. For example, the emission of "Ringelmann Smoke Chart" Number 1 for one (1) minute equals one (1) "smoke unit". Sound Level Meter: An instrument, standardized by the American Standaras Association, used for measurement of ~he intensity of sound and calibrated in "decibels". stable, Private: An "accessory buildinglt in which horses are kept for "use" by the owners of the premises and not for hire, remuneration or sale. st.able,publiol A "building" in which any horses are kept for remuneration, hire or sale. story. That portion of a "building" included between the su~face of any tloor a~d the surface of the floor next ab~ve or, if there be no f'loor above it, then the space between the surface of the floor and the top of the ceiling beams next ab~ve it. If the finished floor level directly above a "basement~ or hcellar" is more than six (6) feet above the average "finish~d grade" or the natural grade adjoining the exterior walls of the "building", whichever is lower, or if it is used for non-accessory business purposes or for dwelling purposes by other than a janitor or 12 MAR-25-~4 FRI 11:42 FP CLARK ASSOC P _ 1 ~ watchmah, such "basement" or "cellar" shall l{e considered a "story". story, ,Half: A "story" with at least tWQ (2) opposite exterior sides meeting a sloping roof not more than two (2) feet above the floor of such "story". street: An existing state, county or town highway or road, or a proposed highway or road ,including all of the land within the right-of-way, shown upon a SUbdivision pl~t appr9ved by the: Town Planning Board, as provided by law, or on a pla~ duly filed and recorded in the Office of the Dutchess County Clerk prior t~ the appointment of the Town Planning Board and the grant of the ~ower to approve SUbdivision plats. street t.ine: The dividing line between a "street" right-of-way and a "lot'l. (See also the definition of "Lot Line, Front'. for comparison.) structu~e: Anything constructed or erected, the "_use" of which require~ location on, in or under the ground or water, or attachment to something having location on the ground or water, includi~g but not limited to: "buildings", p~rking deck,S or garages I "swimming pools", tennis courts, towers, docks, balco~ies, open entries, "porches", decks, handicap ramps, "s'igns", permanent awnings~ gas or liquid storage tanks, ground-m6unted antennas', ground-~ounted solar panels and "satellite receiving antennas'., and walls m~re than six (6) feet in height, but not anything requ~ring only single paving or surfacing of the ground such 'as parking lots, driveways or sidewalks. structural Alteration: Any change in or addition to the supporting members' of a "structure", including but not limtted to, be~ring walls, retaining walls, columns, beams or girders. Swimming Pooll Any body of water having an a~tificial bottom and/or sides and a depth of more than two (2) feet in any point therein. Terrace or Patio: A roofless platform of earth Qr other na~ural material covered by a surface material, with or w~thout reta~ning walls. Any such platform with a roof or awning shall be considered a "porch". Three (3) component Measuring System: A device fpr recording the intensity of any vibration in three (3) mutually perpendicular directions. , Toxic or Noxious Matter: Any solid, liquid or gaseous matter, including but not limited to gases, vapors, "dusts", fumes and mists containing properties which by chemical means are inherently 13 MAR-2S-94 FRX 11:42 FP CLARK ASSOC P.20 harmful and likely to cause injury to the well-being of persons or damage to property. Tr~iler, House; Same as "Mobile Home." Travel T.railer: A portable vehicular "struct4re" built on a chassis, designed to be used primarily as a temp~rary ~dwelling" for travel, recreational, and vacation "uses", having a body width not exceeding eight (8) feet and a body length not exceeding thirty-two (32) feet. Use: The purpose for which land, water or a "building" or "structure" is designed, arranged, intended, or for which it is or may be occupied or maintained. Use, ~ccessory: A "use" which is customarily incidental and subordinate to the "principal use" on a "lot" and which is located on the same "lot" or water area therewith. Use, Principal: The main or primary "use" of land, water, or a "buildin~", "structure" or "lot". utility, PUblic: An electric unit substation, municipal pump station or water tower, municipal garage, firehouse, telephone substation and/or any utility approved by the Public Service Commission or other regulatory agency. Vibrations, Impact: Earth-borne oscillations occutring in discrete pulses at or less than one hundred (100) per minute. vibrations, steady-state: continuous earth-borne oscillations. Discrete pulses that occur more than one hundred (100) times per minute shall be considered "steady-state vibrations". Wetle.nd: Lands generally or intermittently cov.ered with water which, by nature of their surface and/or sUb-surface soil characteristics, contribute to the replenishment of the sub-surface water supply, inCluding marshes, swamps, bogs, and other areas with poorly drained soils such as organic muck and alluvial soils. Water C9urse: Any flow or body of water which contaLns water or a flow of water at least si~ (6) months in the aggregate during the course of an average year. Yard: An open -space on the same "lot" as a "building" , which open space lies between the "building" or group of "buildings" and the nearest "lot line" and is unoccupied and unobstructed from the ground upward, except for permitted "acces~ory uses" and "struct~res". In measuring a "yard", as hereinafter provided, the line of a "building" shall be deemed to mean a line parallel to the nearest "lot line", drawn from a point of a "building" or the point of a group of "buildings" nearest to such "lot line", and the 14 MAR-25-94 FRX 11:43 FP CLARK ASSOC P _ 21 measurement shall be taken at right angles from the line of the "building" to the nearest Ulot lineu. Yard, J'font: A "yard" extending across the full width of the "lot" and ly1n<j between the "front lot line" and the nearest line of the "buildi~g". Yard, Rearl A "yard" extending across the full width of the "lot" and lying between the "rear lot line" and the neatest line of the "building". Yard, Sidez A "yard" between the "side lot line" and the nearest line of't,he "building", and ~xt;.ending from the "front yard" to the "rear yardll or, in the absence of either of such lIy'ar"sll, extending to the "front lot line" or "rear lot line", as the case may be. section 3. Article IV, Section 432, Application for a special Permit, 1s hereby amended to read as follows: 432. Application for a Special Use Permit Applications for special use permits shall be made to the Planning Board on forms provided by the Zoning Administrator.' An application tee shall accompany each such applica~ion in an a~ount set forth in a fee schedule which may be amended from time to: time by resotutlon of the Town Board. The Planning Board shall require the establishment of an escrow account deposit in accordance' with S 505.3 herein to reimburse the Town for the protess10nal r~v1ew fees cha'rged in connection with the review of t;:he application. Each such application shall be examined first and endorsed for complete~ess by the Zoning Administrator and unless so endorsed shall n~t be entertained by said Board. The Plan~ing Board ~hall have original jurisdiction for granting special permits based on the pro~isions of this section. The Board may impose whatever reasonable land use conditions and provisions it d~ems necessary to reflect the spirit and intent the Town Development Plan artd/or Zoning Law. The Planning Board, after public hearing with the same notice required by law for zoning amendments, shall, within sixty-two (62) days after the final hearing, file with the zoning Administrator a decisioh on said application. All apprQved speoial use permits will be subject to section 450 of the Town Zoning Law for site development plan approval. - The applicant may grant stipulated review periods. The Planning Board may authorize the issuance of a permit, provided it finds that all of the following conditions and standards stated, but not limited to, have been met. extensions of either of the above 15 MAR-2S-94 FRX 11:44 FP CLARK ASSOC P.22 section ... Article IV, Section 450.2, Application for site Development Plan Approval, is bereby amen~e~ to read as follows: ~ 450.2 Application for Site Development Plan Approval Application for site development plan approval shall be ma~e 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 enginee~. An application fee shall accompany each .such applic;ation in an amount set forth in a fee schedule which may be amended from time to time by resolution of the Town Board. The Plannihg Board shall require the establishment of an escrow account deposit in accordance with S 505.3 herein to reimburse the Town fo~ tile professional review fees charged in connection with the review of the appl ication. All appl ications shall provide the following information: I~etion 5. Article V, Enforcement and Administi'ation, is herebY ~ende~' to add the following new seotions to read' as follows: S 505. 505.1 505.2 505.3 Fee schedule and reimbursement of professional review fees. All nonrefundable application fees shall be in an amount set forth in a fee schedule which may be amended from time to time by resolution of the Town Board. No fees shall be required from the Town or any of its districts. Reimbursement of professional review fees. The Town BoarQ, the Planning Board, and the 20ning aoa.td of Appeals, in the review of any applicat~on present~d to it, may refer such application to a planner, engineer, environmental expert, legal counsel and/or lother professional as such Board shall ~eem reas~nably necessary to assist it in the review of such app11ca'tion. The applicant shall reimburse the Town for the co~t of such professional review services in a~cordance with S 505.3.1 herein concerning the establi~hment of escrow accounts. The payment of such fees shall be required in addition to any and all other fees required by this Zoning Law, or any other State or local taw, ordinarlce or regulation. Escrow account procedures. 505.3.1 At the time of the submission of any application and prior to its review by the Town Board, the Planning Board or the Zoning Board of Appeals, the approving agency shall require the establishment of 16 MAR-25-94 FRI 11:44 FP CLARK ASSOC P.23 505.3.2 an escrow account, from which withdrawals shall be made to reimburse the Town for the cost of professional review services. The applicant shall then provide funds to the Town for deposit into such account in an amount to be determined by the approving agency based on its evaluation of' the nature and complexity of the application. The applicant shall be provided with cdpies of the Town vouchers for such services as they 'are submitted to the Town. When the balance in such escrow account is reduced to one-half (1/2) of 'the full e,scrow deposit amount, the applicant shall deposit additional funds into such accou-pt to brinC] its balance up to one hundred percent (100%) of the amount of the full escrow deposit, or to some lesser amount as deemed acceptable by the approving agency to complete the review of the application. If such account is not replenish~d within ~wenty (20) days after the applicant is notifi~d in writing of the requirement for such ad<:Utional deposit, the approving agency ~ay suspend its review of the application. A bu~lding permit or certificate of occupancy shall not,be issued unless all professional review fees charged in connection with the applicant's project have been reimbursed to the Town. After all pertinent charges hav~ been paid, the Town shall refund to the applican't any funds remaining on deposit. In the event that a positive Declaration is made in accordance with the New York State Environmental Quality Review Act (SEQRA) regar~ing the subject application, the reimbursement procedures provided in SEQRA may be substituted for those established in accordance with S 505.3.1 until'after completion of the SEQRA process. In this ~vent, afte~ all pertinent charges have been pai~, the Town may refund to the applicant any furlds remaining on deposit in the basic escrow account established in accordance with ~ 505.3.1 minus on~ hundred dollars ($100), so as to maintain said es6row account with the Town. All reimbursements 6f the costs of professional review fees incurred subsequent to making a Positive Declaration and necessary f9r the preparation or review of an EIS shall be made in accordanoe with the procedures established under SEQRA. Upon the completion of the SEQRA ptocess and for the continued review of the appli9ation which is not directly related to the preparation or review of an EIS, the applicant shall replenish the basic escrow account with a deposit in an amount deemed necessary by the approving agency, but in no 17 MAR-25-94 FRX 11:45 FP CLARK ASSOC P.24 case in an amount greater than the full escrow deposit amount originally established by' the approving agency. All subsequent reimbursements and refunds shall be made in accord,ance with S 505.3.1. i 506 Collection of fees. 506.1 All required fees shall be collected by the Clerk or Secretary of the board having jurisdiction over the application. seotion 6. Artiole V, Enforcement and Admi~istration, section 515.1, Application, is hereby amended to read as follows: S 515.1 Application Appeals shall be taken within such time as shall be prescribed by the Board of Appeals by general rule, by filing with the Bo~rd of Appeals a notice of appeal specifying the grounds thereof. Each appeal shall specify the provision of the ordinance involved, the ruling $ought from the Board, and the grounds opon which it is claimed tbat the same should be granted. Affidavits of publication and service of notice by mail, and such other da~a or information shall be submitted as the Board may deem necessary. The officer from whom the appeal is taken shall forthwith deliver to the Board of Appeals all papers constituting the record on which the action appealed from is taken. 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 Soard of Appeals shall require the establishment of an escrow account deposit in accordance with S 505.3 herein to reimburse the Town for the professional review fees charged in connection with the review of the application. ~k1ion 7. Article VI, Amendments, section 601, General Provisions, is hereby amended to read as follows: S 601. General provisions The Town Soard 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 section 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 18 MAR-25-94 FRI 11:46 FP CLARK ASSOC P.25 appropr.iate. 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 ah escrow account deposit in accordance with S 505.3 herein to reimburse the To~n for the professional review fees charged in connection with the review of the application. section 8. Except as specifically modified by the Amendments ~ontained h~re1n, the Zon.ing Law of the Town of Wappinger as adopte~ by Local ~aw #5 Qf 1990 and amended from time to time thereafter" is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. SOO\wap4-022.dkw 19 (Complete the certification In the paragraph that applies to the fihng of this local law and strike out that whicll is not applicable.) 1. (Final a~option by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 94 of the ~'~fJETown)(nn!Wof WAPPINGER was duly passed by the TOWN BOARD on 19 94, in accordance with the applicable provisions of law. (Name of L.s;ill..~ive Body) 2. (Passage by local legislative body with approval, DO disapproval or repassage after disilpproval by the Elective Chier Executive Orficer-.) I hereby certify that the local law annexed hereto, designated as local law No. of the (County)(City)(Town)(Village) of on of 19 was duly passed by the 19 _, and was (approved)(not. disapproved)(repassed after (Name or Les;illative Body) disapproval) by the and was deemed ~uly adopted on (Elec~ive ChleC E;xecu~ive Orlic.r') in accordance with the applicable provisions of law. 19_, 3. (Final adoption by rererendum.) I hereby certify that the,local law annexed hereto, designated as local law No. of the (County)(City)(Town)(Village) of on of 19 was duly passed by the 19_, and was (approved)(not disapproved)(repassed after . (Name oC L.lti.l..~ive Body) disapproval) by the (Elective ChieC Executive Orlicer') submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 19_, in accordance with the applicable provisions of law. 19_. Such local law was on 4. (Subject to permissive referendum and final adoption because DO valid petition was filed requesting rererndum.) I hereby certify that the local law annexed hereto, designated as local law No. of the (County)(City)(Town)(Village) of on of 19_ was duly passed by the 19_, and was (approved)(not disapproved)(repassed after (Name oC Les;i.la~ive Body) disapproval) by the , . . (Elective Chi.l Executive OCficer') permissive referendum and no valid petition requesting such referendum was filed as of in accordance with the applicable provisions of law. 19_. Such local law was subject to on 19_, aElective Chie! Executive OrIic:er means or includes the cbie! executive orCicer o( a county elected on a county-wide basis or, it there be none, the chairman o( the county leiislative body, the mayor o( a city or village, or the supenisor o( a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law concern inK Chao .er revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the City of having been submitted to referendum pursuantto the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative Vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on . 19_, became operative. 6. (County local I:lw concerning adoption or Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the County of , State of New York, having been submittedtO the electors at the General Election of November . 19 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote or a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized Corm oC Cinal adoption has been Collowed, please provide an appropritate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted. in the manner indicated in paragraph . ,above. ( Seal) Clerk of the County l'II,latin body, City, Town or Vlllare Clerk or officer deaicnated by l~calleri1l&tiv. body ELAINE SNOWDEN, Town Clerk, Town of Wappinger Date: (CertiCication to be executed by County Aftorney, Corporation Counsel, Town Attorney, VilI3ge Attorney or other authorized Attorney oC locality.) STATE OF NEW YORK COUNTY OF DUTCHESS I,' the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enl!.ctment of the local law annexed hereto. Slcnature . . ALBERT P. ROBERTS, ESQ. Town Attorney, Town of Wappinger Title ~ ~ Or Town ~ TJAPPTN'r.~R Date: (3)