1989-01-25
.......
OFFICE OF THE
ZONING ADMINISTRATOR
TOWN OF WAPPINGER
BOX 324 . 20 MIDDLEBUSH ROAD
WAPPINGERS FALLS. NEW YORK 12590
(914) 297-6256
To: Elaine Snowden, Town Clerk
Irene Paino, Supervisor
David Reis, Deputy Supervisor
Vincent Farina, Councilman
Constance Smith, Councilwoman
Robert Valdati, Councilman
RaYmond Arnold AICP, Town Planner
J. paggi, Jr., PE Engineer to Town
Thomas F. Wood, Esq., Attorney to Town
Tim C1assey, Building Inspector
Mark Liebermann, Fire Inspector
From: Herbert J. Levenson, Zoning Administrator
Re: Zoning Ordinance - Article 111 and Article lV
Date: January 25, 1989
Attached you will please find the following documents:
1. Proposed legal notice for public hearing February 15, 1989.
2. Article 111 - Establishment of Districts
3. Article lV - District regulations
4. EAF comments - You will receive these notes properly transposed
to an Environmental Impact Statement on Thursday, January 26, 1989
prior to your meeting.
5. A small version of the new proposed Zoning Map.
6. A small version of the existing Zoning Map in use at this moment.
If you have any further questions, please call me at any time.
HJL/jf
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger
will conduct a Public Hearing on February 15, 1989, at 7:00 p.m. at the Town
Hall of the Town of Wa.'Ppinger, 20 Middlebush Road, Wappingers Falls, New
'"
York, to consider amending the Zoning Ordinance of the Town of Wappinger
in the following matters:
- Adopting an Amended Map showing new Zoning District
boundaries to further the Town's Master Plan adopted
by the Planning Board of the Town of Wappinger
in July of 1988.
- To amend Article 3 and 4 of the present Zoning
Ordinance of the Town of Wappinger with respect
to uses.
The complete text of the proposed amendments and a proposed new
Zoning Map are set forth at the foot of this Notice.
Any persons wishing to address the Town Board with respect to the
proposed Amendments or the new Map, should be present at the above date
and time and the Town Board will listen to their comments.
PLEASE TAKE FURTHER NOTICE that the Town Board of the Town
of Wappinger will consider comments from the public with respect to the Environmental
Assessment Form prepared and filed with them in this matter in their capacity
as Lead Agency pursuant to SEQA.
PLEASE TAKE FURTHER NOTICE that copies of the complete
text of the proposed amendment as well as a copy of the proposed new Zoning
District Map are available at the Office of the Town Clerk during regular
business hours, 8:30 a.m. to 4:00 p.m., Monday through Friday.
BY ORDER OF THE TOWN BOARD
BY: ELAINE SNOWDEN
TOWN CLERK
Section 300. Classes of Districts
ARTICLE III ESTABLISHMENT OF DISTRICTS
The Town of Wappinger is hereby divided into the following classes of districts:
R80 1 Family Residence District
R40/80 - 1 Family Residence District
R40 1 Family Residence District
R20/40 - 1 Family Residence District
R20
R1S
RIO
RMF-3
RMF-S
PUD
NB
GB
HB
SC
0
CC
COP
HM
AI
310. Zoning Map
1 Family Residence District
1 Family Residence District
I Family Residence District
Multi-Family Residence District
Multi-Family Residence District
Planned Unit Development District
Neighborhood Business District
General Business District
Highway Business District
Shopping Center District
Office District
Conservation Commercial District
Conservation Office Park District
Hamlet Mixed Use District
Airport Industry District
Said districts are bounded and defined as shown on the
of the Town of Wappinger NY" prepared by Dutchess
Planning, dated January ,1989, which map, with
thereon, is hereby made a part of this Ordinance.
map titled "Zoning Map
County Department of
all explanatory matter
320. Interpretation of District Boundaries
Where uncertainty exists as to the locations of any bound-
aries shown on the Zoning Map, the following rules shall
apply:
321. District boundary lines are intended to follow lot
lines or the center line of streets, rights-of-way, or
water courses, or be parallel or perpendicular thereto,
unless such district boundary lines are indicated by dimen-
sions show on the zoning map.
322. Where district boundary lines divide a lot or un-subdi-
vided property the location of any such boundary, if not
indicated by dimensions, shall be determined by the use of
the map appearing thereon.
323. Where such boundaries are indicated as approximately
following the property lines of parks, or other large public
holdings, such lines shall be construed to be such bound-
aries.
324. Where district boundaries are so indicated that they
approximately follow the edge of lakes, ponds, reservoirs
or other bodies of water the mean high water lines thereof
shall be construed to be the district boundaries, except
that the regulations of the most restrictive district on
the edge of such a body of water shall apply to the area
within the mean high water line and the body of water
thereof.
325. Any boundary extending into the Hudson River or other
bodies of water bordering the Town shall be deemed to extend
to the boundary of the Town, unless otherwise indicated.
326. If the district classification of any land is in
question, it shall be deemed to be in the most restrictive
adjoining district.
330. Lots in Two or More Districts or Municipalities
where a lot is divided by one or more zoning district or
municipal boundary lines, each portion of such lot, and any
building or land use established thereon, shall comply with
the regulations of the district in which it is located.
340. order of Restrictiveness
For purposes of these regulations, where residence districts
are referred as "more restrictive" or "less restrictive",
the designation shall refer the order in which residence
districts are set forth in section 300, the first named
being the most restrictive.
Section 420. District Regulations
The Schedule of Regulations constituting Sections 421 and 422 herein, is
hereby adopted and declared to be a part of this Ordinance and may be
amended in the same manner as any other part of this Ordinance.
421. Schedule of Regulations for Residential Districts
(Ccc foldout !Schedule aL t:uJ or o,J.i.nance) /lrTAc lie ,i;)
422. Schedule of Regulations for Non-Residential Districts
(..See feldol:lt oohedYle at end of ordiaonoc) ATTi4CJ-IE. i>
423. MUlti-Family Residence District
In an R-MF District, all mUlti-family uses shall be subject to site
plan approval in accordance with Section 450 of this Ordinance and
the following special requirements:
423.1 Minimum Site Area
The lot upon which such dwelling units shall be constructed
shall have an area of not less than fifteen (15) acres in tho
R-MF-3 District and ten (10) acres in the R-MF-5 District,
except when located within and served by a public water and
sewer district of the Town of Wappinger, in which case the
minimum lot area shall be 15,000 square feet. Section 411.7
Existing Undersized Lots, does not apply to Multi-Family
Residence Districts.
423.2 Water and Sewerage Facilities
423.21 Where, in the opinion of the Planning Board, con-
nections 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.
423.22 Where connection to existing off-site water or sew-
erage 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 De-
partment of Health and the appropriate State and
Federal agencies.
423.23 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 systems at such time as
they are constructed.
423.3 Open Space and Recreation Area
At least fifty percent (50%) of the gross area of the site
shall be preserved as permanent open space, free of buildings
and parking areas, and shall be landscaped or left in its
natural state in accordance with plans approved by the Plan-
ning 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.
423.4 ReQuired Parking
Parking spaces shall be provided in number and design accord-
ing to the provisions of Section 470 of this Ordinance.
424. Beekeeping
424.1 All persons starting a beekeeping operation after this
Ordinance goes into effect shall have worked with an experi-
enced beekeeper for no less than eighty (80) hours or have ar
equivalent educational certificate.
424.2 Each beekeeper shall register his beekeeping operation with
the State Department of Agriculture as required by State Law.
(
424.3 A beekeeper shall not create or maintain an unsafe or hazard-
ous condition to the community. If such a complaint is re-
gistered 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.
ScetisR 425. - PlaRRee Ynit De7clepmeRt n;~rriee
Delete existing Section 421, and replace with:
Section 421 - Residential Zones - Use and Bulk Regulations
421.1 Permitted by Right - Single Family Residential Zones
R-80; R-40/80; R-40; R-20/40; R-20; R-15; R-I0
The following uses are allowed by right as Permitted Principal Uses,
subject to the requirements/conditions set forth in the noted section:
1. One Family detached dwellings, not to exceed one dwelling on
each lot.
2. Buildings, structures and uses, with the exception of
garages & dumps, owned or operated by the Town of Wappinger,
or any other governmental entity or district.
3. Public Schools
4. Places of worship, including parish houses and religious
schools (Section 446.801)
5. Colleges; private schools (Section 446.802)
6. Not-for-profit libraries and/or museums (Section 446.803)
7. Farm and/or nursery uses, including accessory farm produce
stand and/or greenhouse, (Section 446.601).
8. Temporary outdoor stands for the sale and display of field and
garden crops grown on the premises (Section 446.804).
9. Guest House and/or Caretakers cottage (Section 446.806)
(on lots of at least 10 acres)
10. Temporary Structures (Section 415.31).
421.2 Permitted by Special Permit - Single Family Residential Zones
R-80; R-40/80; R-40; R-20/40; R-20; R-15; R-I0
The following uses are allowed by Special Permit of the Zoning Board of
Appeals, except as noted, subject to the requirements/conditions set forth
In the noted section:
1. Nursing and/or convalescent homes, (Section 446.809)
NOT INCLUDING INSTITUTIONS FOR THE MENTALLY ILL
OR FACILITIES FOR THE TREATMENT OF DRUG OR ALCOHOL ADDICTION.
2. Riding academies, stables, animal hospitals, and dog kennels,
ON LOTS OF A LEAST 10 ACRES. (Section 446.810)
3. Designed Multiple Use Development, SUBJECT TO TOWN BOARD APPROVAL,
(Section 442).
4. Mobile home parks SUBJECT TO TOWN BOARD APPROVAL (Section 443)
5. Sewage treatment plants or water supply facilities, SUBJECT TO TOWN
BOARD APPROVAL
6. Landfilling, regrading, and removal of earth material, SUBJECT TO
TOWN BOARD APPROVAL, (Section 441).
7. Public utilities, including transmission and distribution lines
8. Private, community or fraternal recreation clubs (Section 446.807).
9. Recreation use development, including swimming, racquet sports,
health clubs, skating rinks, etc., SUBJECT TO TOWN BOARD
APPROVAL (SECTION 426).
10. Accessory Apartments, incidental to the permitted main use
(Section 445)
11. Temporary Housing unit (such as ECHO)
incidental to the permitted main use (Section 446.805).
12. Office use, of a Professional, technical and/or personal service
nature, in a residential structure when conducted by a resident
thereof (Section 446.501).
13. Studio use, for an artist, music and/or dance teacher, in a
residential structure when conducted by a resident thereof
(Section 446.501).
14. Bee keeping, as provided in Section 424.
15. Conversion of an existing dwelling built prIor to 1962
and having a usuable floor area of not less than 3,000 square
feet for a two-family or multi-family residence (Section
446.701)
16. Private camps for seasonal residents (Section 446.808)
15. Storage of more than ONE auto trailer, unoccupied mobile home
trailer, boat, or other 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.
Section 421.3 - Permitted Accessory Uses - Single Family Residential Zones
R-80; R-40/80; R-40; R-20/40; R-20; R-15; R-I0
The following uses or structures customarily incidental to any permitted principal use
are allowed in the listed Single-Family Residential zones, subject to the
requirements/conditions set forth in the noted sections, provided that such accessory
use shall:
NOT INCLUDE ANY ACTIVITY COMMONLY CONDUCTED FOR GAIN
(EXCEPT AS HEREINAFTER EXCEPTED)
NOR ANY PRIVATE (WALK OR) WAY GIVING ACCESS TO SUCH ACTIVITY, unless such "way"
is shown on a Site Plan of Development approved by the "Approving Authority".
Accessory buildings may not be erected on the lot prior to the erection of the
principal building
1. "Home Occupation" as defined in Section 200
2. Off-street parking facilities for the use of residents of the premIses and their
guest in accordance with Section 470
3. Signs as provided in Section 416
4. The renting of rooms to not more than two persons not members of the resident
f am i 1 y .
5. Storage of ONE auto trailer, unoccupied mobile home trailer, boat,
or 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.
6. Swimming pools or other accessory recreational facilities for the use of the
residents of the premises and their guests as regulated in Section 413.5.
7. Garden house, pool house, play house or greenhouse incidental to the residential use
of the premises AND NOT OPERATED FOR PROFIT, PROVIDED THAT ANY SUCH STRUCTURE COMPLIES
WITH ALL YARD AND SETBACK REQUIREMENTS FOR BUILDINGS.
8. The keeping of horses and/or farm animals, properly restrained, for the use of
residents and their guest, ON A LOT OF AT LEAST FOUR (4) ACRES, PROVIDED:
a. NOT LESS THAN TWO (2) ACRES OF PASTURE LAND IS AVAILABLE FOR EACH ANIMAL, except
that the off-spring of an animal may be kept with its mother for a period not to
exceed one (1) year.
b. All animal feed is stored in rodent-proof containers.
9. Private kennel, on a lot of at least two (2) acres
10. Bus passenger shelter.
11. Not more than 2 electronic(radio) receiving/transmitting towers In accordance with
Section 414
12. Satellite Dish Antenna in accordance with the provisions of Section 415.4
January 1989
Section 421.4 Multi-Family Residential Zones
RMF-3; RMF-5
The following uses are allowed by right as Permitted Principal Uses, subject to
the requirements/conditions set forth in the noted section:
1. One Family detached
15,000 sf of lot
2. Two or multi-family
Section 421.5
3. Buildings, structures and uses, with the exception of garages & dumps,
owned or operated by the Town of Wappinger, or any other
governmental entity or district.
4. Public Schools
5. Places of worship, including parish houses and religious schools
(Section 446.801)
6. Colleges; private schools (Section 446.802)
7. Not-for-profit libraries and/or museums (Section 446.803)
8. Farm and/or nursery uses, including accessory farm produce stand and/or
greenhouse, (Section 446.600.
9. Temporary outdoor stands for the sale and display of field and
garden crops grown on the premises (Section 446.804).
Guest House and/or Caretakers cottage (Section 446.806)
(on lots of at least 10 acres)
Temporary Structures (Section 415.31).
dwe 11 ings, not
area.
dwell ings at the
to exceed one dwelling for each
maXimum density allowed in
10.
11.
The following uses are allowed by Special Permit of the Zoning
Appeals, except as noted, subject to the requirements/conditions set
the noted section:
Boa rd of
forth In
1. Designed Multiple Use Development, SUBJECT TO TOWN BOARD APPROVAL,
(Section 442).
2. Mobile home parks SUBJECT TO TOWN BOARD APPROVAL (Section 443)
3. Sewage treatment plants or water supply facilities, SUBJECT TO TOWN
BOARD APPROVAL
4. Landfilling, regrading, and removal of earth material, SUBJECT TO
TOWN BOARD APPROVAL, (Section 441).
5. Public utilities, including transmission and distribution lines
6. Private, community or fraternal recreation clubs (Section 446.807).
7. Recreation use development, including swimming, racquet sports,
health clubs, skating rinks, etc., SUBJECT TO TOWN BOARD
APPROVAL (Section 426)
permitted accessory use
1. Single family dwelling unit incidental to permitted use
2. Any accessory building or use customarily incidental to a permitted use
3. Off-street parking areas in accordance with the provisions of Sect 470
4. Signs in accordance with the provisions of Sect 416.5
5. Exterior lighting in accordance with the provisions of Sect 415.1
January 1989
Section 42L.5
DISTRICT:
BULK REGULATIONS
R80
R40/80
ALL RESIDENTIAL DISTRICTS
R20/40
REGULATION
Minimum lot size:
Area (sq ft unless noted)
with public water & sewer
with public water or sewer
w/o public water & sewer
Widt h (feet)
Depth (feet)
Maximum Density Units/acre
Minimum~ard (feet)
Front
County/State highway
from c/l street
from front lot line
Side
accessory building
less than 15 ft
in height
Rear
accessory building
less than 15 ft
in height
Maximum Building Height:
80,000
40,000
60,000
80,000
200
200
200
200
75
75
75
50
75
50
40
40
10
10
50
50
10
10
Stories 2.5
Height (feet) 35
2.5
35
Maximum Building Coverage (%) 10
Floor Area Ratio:
10
R40
40,000
2.5
35
20,000
30,000
40,000
125
125
125
125
R20
20,000
100
125
75
60
35
20
10
40
10
2.5
35
15
R15
Town of Wappinger NY
RMF-3
15,000
85
100
2.5
35
20
RIO
10,000
60
80
75
75
15,000
15 ac.
15 ac.
100
150
3
75
75
50
50
5
10
75
75
60
35
40
15
50
5
10
75
50
75
50
15
12
3
35
10
ADDITIONAL Notes/Requirements: Plans of development in all districts must conform to the following sections:
0.3
Section 419
Section 460
(Wetlands & Steep Slopes); Section 470
(Flood Prone Area)
25
25
5
30
25
RMF-5.
15,000.
10 ac.
10 ac.
100
150
5
75
75
50
25 .
10
50 .
10
3 .
35
15 .
0.45
(Off-street Parking & Loading); Section 415.2 (Buffer Areas);
10
10
50
50
10
10
2.5
35
12
12
5
2.5
35
25
Section 422.l
NB NEIGHBORHOOD BUSINESS
by right:
l. Buildings, structures and uses, with the exception of garages and
dumps, owned or operated by the Town of Wappinger, or any other
governmental entity or district.
2. Places of worship, including rectory, parish house, and religious
school (Section 446.801)
3. Professional, banking, business or governmental office, not exceeding
10,000 sq ft in total area.
4. Stores and shops for the conduct of retail business of a neighborhood
or community nature, not exceeding 6,000 sq ft.
5. Restaurant or other places serving food or beverages, but not including
"fast food establishments" with a "drive-thru facility".
6. Personal service business, such as, but not limited to, copy center,
hairdressers, shoemakers, tailors or cleaners, servIng the community
directly.
7. Funeral homes (Section 446.810)
8. Day care center/day nursery (Section 446.811)
9. Library, museums, art gallery (Section 446.803)
10. Temporary Outdoor Sales, in accordance with the provisions of Section
446.804.
by special use in accordance w/ sect 430 & 440
1. Public Garage subject to the provisions of Section 444.
2. Gasoline filling station subject to the provisions of Section 444
3. Private, community or fraternal recreation clubs (Section 446.807)
4. Neighborhood scale Recreational uses. Subject to approval by Town
Board.
5. Conversion of existing large residential structure (Section 446.70l)
6. New Car Dealership, on sites of 5 acres or more (Section 446.812).
permitted accessory use
1. Single family dwelling unit
2. Any accessory building
permitted use
3. Off-street parking areas in
Sect 470
4. Signs in
5. Exterior
incidental to permitted use
or use customarily incidental
to
a
accordance with
the
provIsIons of
accordance with the provisions of Sect 416.5
lighting in accordance with the provisions of Sect 415.l
Section 422.2
GB GENERAL BUS INESS
by right:
1. Buildings, structures and uses, with the exception of garages and
dumps, owned or operated by the Town of Wappinger, or any other
governmental entity or district.
2. Places of worship, including rectory, parish house, and religious
school (Section 446.801)
3. Professional, banking, business or governmental office, not exceeding
10,000 sq ft in total area.
4. Stores and shops for the conduct of retail business of a neighborhood
or community nature, not exceeding 6,000 sq ft.
5. Restaurant or other places serving food or beverages, but not including
"fast food establishments" with a "drive-thru facility".
6. Personal service business, such as, but not limited to, copy center,
hairdressers, shoemakers, tailors or cleaners, servIng the community
directly.
7. Funeral homes (Section 446.810)
8. Day care center/day nursery (Section 446.811)
9. Library, museums, art gallery (Section 446.803)
10. Temporary Outdoor Sales, in accordance with the provisions of Section
446.804.
by special use In accordance wi sect 430 & 440
1. Public Garage subject to the provIsIons of Section 444.
2. Gasoline filling station subject to the provisions of Section 444
3. Private, community or fraternal recreation clubs (Section 446.807)
4. Neighborhood scale recreational uses, Subject to approval by Town
Board
5. Conversion of existing large residential structure
6. Contractor's lumber supply yard/wholesale lumber
8 acres or more (Section 446.813).
7. Motel (Section 446.814)
(Section 446.701)
sales, on sites of
permitted accessory use
1. Single family dwelling unit
2. Any accessory building
permi tted use
3. Off-street parking areas
Sect 470
4. Signs in
5. Exterior
incidental to permitted use
or use customarily incidental
to
a
in accordance with
the provisions of
accordance with the provisions of Sect 416.5
lighting in accordance with the provisions of Sect 415.1
HB HIGHWAY BUSINESS
>C=N
Page 2 of 2
by special use in accordance w/ sect 430 & 440
1. Public Garages (Section 444)
2. Gasoline filling stations (Section 444)
3. Motor vehicle dealership, (Section 446.812)
4. Used car automobile sales lot (Section 446.815)
5. Motor vehicle repair and service In fully enclose buildings (Section
446.816)
6. Private, community or fraternal recreation clubs (Section 446.807)
7. Recreational uses (SUBJECT TO TOWN BOARD APPROVAL Section 426) - not
listed by right including:
Recreational use development, such as swimming, racquet sports,
health clubs, skating rinks etc.;
Places of amusement, billiard parlors, bowling alleys, discotheques,
etc.
8. Mobile home parks APPROVAL BY TOWN BOARD (Section 443)
9. Outdoor kennels, and/or animal hospitals (with veterinarian's office)
on lots of 2 or more acres. (Section 446.817)
10. Design Multiple Use Development SUBJECT TO TOWN BOARD APPROVAL
(Section 442)
11. Hospitals & Clinics
12. Storage and sale of building materials, plumbing, electrical and
similar contractors establishments, provided any outdoor storage is
suitably screened from streets and adjoining properties in accordance to a
plan approved by the planning board.
13. Manufacturing, fabricating, finishing or assembling of products for
retail sale where goods so produced or processed are to be sold on the
premises, provided that no more than 10 workers are engaged in such
production or processing.
14. Hotel, motel or tourist home, provided there shall be 2,500 sf of lot
area per guest sleeping room & rooms no smaller than 300 sf.
15. Radio, television or other electronic transmission/receiving
structure, exceeding limits set forth in Section 414.
16. Self-storage rental warehousing.
permitted accessory use
1. Single-family dwelling unit incidental to a permitted use
2. Any accessory building or use customarily incidental to a permitted use
3. Off-street parking areas in accordance with the provisions of Sect 470
4. Signs in accordance with the provisions of Sect 416.5
5. Exterior lighting in accordance with the provisions of Sect 415.1
Section 422.4
SC SHOPPING CENTER
note: Multiple attached or detached uses are permitted In this District
Permitted by right:
1. Buildings, structures and uses, with the exception of garages and dumps,
owned or operated by the Town of Wappinger, or any other governmental entity or
district.
2. Places of worship, including rectory, parish house, and religious school
(Section 446.801)
3. Day care center/day nursery (Section 446.811)
4. Library, museums, art gallery (Section 446.803)
5. Professional, banking, business or governmental office
6. Stores and shops for the conduct of retail business
7. Restaurant or other places serving food or beverages
8. Personal service business, such as, but not limited to, copy center,
hairdressers, shoemakers, tailors or cleaners, serving the public directly.
9. Theater, health, exercise or swimming club,
10. Temporary Outdoor sales, In accordance with the provIsIons of Section
446.804.
by special use in accordance w/ sect 430 & 440
1. Hospitals & Clinics
2. Private, community or fraternal
3. Recreational uses, (SUBJECT TO
i nc1 ud i ng :
Recreation use development, such as sWImmIng, racquet sports, health
clubs, skating rinks etc.;
Places of am us ement, such
discotheques, etc.
4. Designed Multiple Use Development (SUBJECT TO TOWN BOARD APPROVAL Section
442)
5. Sewage collection system & treatment facilities; Water
distribution facilities; (SUBJECT TO TOWN BOARD APPROVAL)
6. Motor vehicle, repair and service in fully enclosed buildings (Section
446.816).
recreation clubs (SECTION 446.807)
TOWN BOARD APPROVAL) not listed by right
as,
bi 11 iard
parlors,
bowling
alleys,
supply
and
permitted accessory use
1. Single-family dwelling unit incidental to a permitted use
2. Any accessory building or use customarily incidental to a permitted use
3. Off-street parking areas in accordance with the provisions of Sect 470
4. Signs in accordance with the provisions of Sect 416.5
5. Exterior lighting in accordance with the provisions of Sect 415.1
Section 422.5
o OFFICE
by right
1. Executive and administrative
professional use.
2. Buildings, structures
or any other governmental
3. Service uses ancillary
blueprinting.
4. Day care facilities primarily serving the Office use (Section 446.811).
5. Warehousing (not self-storage).
6. Temporary Outdoor sales, in accordance with Section 446.804.
offices
for
business,
governmental
or
and uses owned or operated by
entity or district.
to office uses, such as copy
the
Town of Wappinger,
center, office supply,
by Special use permit:
1. Designed Multiple Use Development (Special use permit by Town Board,
subject to Section 442)
2. Sewage Treatment Plants or water supply facilities (Special use permit by
Town Board)
3. Public utilities, including transmission and distribution lines.
4. Private, community or fraternal recreation clubs (Section 446.807).
5. Recreation use development, including swimming, racquet sports, health
clubs, skating rinks, etc., SUBJECT TO SPECIAL PERMIT APPROVAL BY THE TOWN
BOARD (subject TO SECTION 426).
6. Self-storage rental warehousing
Permitted accessory use:
1. Single-family dwelling unit incidental to a permitted use.
2. Any accessory building or use customarily incidental to a permitted
use.
3. Off-street parking and loading areas In accordance with the provisions
of Sect 470.
4. Signs in accordance with the prOVISIons of Sect 416.5
5. Exterior lighting in accordance with the provisions of Sect 415.1
Section 422.6
CC CONSERVATION COMMERCIAL
by right:
1. Buildings, structures and uses, with the exception of garages and
dumps, owned or operated by the Town of Wappinger, or any other
governmental entity or district.
2. Places of worship, including rectory, parish house, and religious
school (Section 446.801)
3. Professional, banking, business or governmental office, not exceeding
10,000 sq ft in total area.
4. Stores and shops for the conduct of retail business of a neighborhood
or community nature, not exceeding 6,000 sq ft.
5. Restaurant or other places serving food or beverages, but not including
"fast food establishments" with a "drive-thru facility".
6. Personal service business, such as, but not limited to, copy centers,
hairdressers, shoemakers, tailors or cleaners, serving the community
directly.
7. Funeral homes (Section 446.810)
8. Day care center/day nursery (Section 446.811)
9. Library, museums, art gallery (Section 446.803)
10. Temporary Outdoor Sales, in accordance with the provisions of Section
446.804.
by special use In accordance w/ sect 430 & 440
1. Public Garage subject to the provIsIons of Section 444.
2. Gasoline filling station subject to the provisions of Section 444
3. Private, community or fraternal recreation clubs (Section 446.807)
4. Neighborhood scale recreational uses. Subject to approval by Town
Board
5. Conversion of existing large residential structure (Section 446.701)
6. Motor Vehicle Dealership, on sites of 8 acres or more (Section
446.812).
7. Medical Clinic
8. Motor vehicle service &
446.816)
9. Sewage collection & treatment system; Water supply & distribution
system TOWN BOARD APPROVAL
10. Electrical transmission
11. Radio, television or
structure, exceeding limits
repair, In fully enclosed buildings {Section
Ii nes
other electronic transmission/receiving
set forth in Section 414.
permitted accessory use
1. Single family dwelling unit incidental to permitted use
2. Any accessory building or use customarily incidental to a
permitted use
3. Off-street parking areas In accordance with the provisions of
Sect 470
4. Signs in accordance with the provisions of Sect 416.5
5. Exterior lighting in accordance with the provisions of Sect 415.1
Section 422.7
COP CONSERVATION OFFICE PARK
by right
1. Executive and administrative
professional use.
2. Office Park Ancillary Uses:
a. Any accessory building
b. Off-street parking and
c. Signs
d. Storage/maintenance motor vehicles etc.
e. Training school for employees
f. Lodging
g. Central heating & power
h. Eating facilities
~. Recreational facilities.
3. Day care facilities primarily serv~ng the Conservation Office Park (Section
446.811) .
4. Buildings, structures and uses, with the exception of garages and dumps,
owned or operated by the Town of Wappinger, or any other governmental entity or
district.
5. Warehousing (not self-storage).
6. Retail sales, primarily serving the Conservation Office Park.
7. Farm uses, farm produce stand, nursery or greenhouse, (Section 446.601)
9. Temporary stands for the sale and display of field and garden crops grown on
the premises (Section 446.804).
10. Private schools & colleges (Section 446.802).
offices
for
business,
governmental
or
customarily incidental to permitted use
loading areas in accordance with sect 470.
by Special use permit:
1. Radio, television or other electronic transmission/receiving structure,
exceeding limits set forth in Section 414.
2. Scientific research, engineering or design laboratories.
3. Designed Multiple Use Development (Special use permit by Town Board,
subject to Section 442)
4. Sewage Treatment Plants or water supply facilities (Special use permit by
Town Board)
5. Public utilities, including transmission and distribution lines.
6. Private, community or fraternal recreation clubs (Section 446.807).
7. Recreation use development, including swimming, racquet sports, health
clubs, skating rinks, etc., SUBJECT TO SPECIAL PERMIT APPROVAL BY THE TOWN
BOARD (SECTION 426).
Permitted accessory use:
1. Single-family dwelling
2. Any accessory building
3. Off-street parking and
Sect 470.
4. Signs in
5. Exterior
unit incidental to
or use customarily
loading areas in
a permitted use
incidental to a permitted use.
accordance with the provisions of
accordance with the provisions of Sect 416.5
lighting in accordance with the provisions of Sect 415.1
Section 422.8
HM
HAMLET MIXED BUSINESS
Page 1 of 2
by right:
1. One family detached dwelling not to exceed one dwelling on each lot.
2. Two or three-family dwellings (Section 446.701).
3. Buildings, structures and uses, with the exception of garages and dumps, owned
or operated by the Town of Wappinger, or any other governmental entity or
district.
4. Places of worship, including rectory, parish house, and religious school
(Section 446.801)
5. Private school (Section 446.802).
6. Professional, banking, business or governmental office, not exceeding 4,000 sq
ft in total area, nor 2,000 sq ft/floor.
7. Stores and shops for the conduct of retail business of a neighborhood or
community nature, not exceeding 2,000 sq ft in total area.
8. Restaurant or other places serving food or beverages, but not including "fast
food establishments" with a "drive-thru facility".
9. Personal service business, such as, but not limited to, copy centers,
hairdressers, shoemakers, tailors or cleaners, serving the community directly.
10. Library, museums, art gallery (Section 446.803)
11. Temporary Outdoor Sales, in accordance with the provIsIons of Section
446.804.
12. Craft/artisan studio and/or shop.
13. Funeral homes (Section 446.810)
l4. Day care center/day nursery (Section 446.8ll)
15. Conversion of existing large residential structure (Section 446.701)
16. Bed & Breakfast establishment
l7. Agricultural uses.
18. Theater
by special use in accordance w/ sect 430 & 440
1. Public garage subject to the provisions of Section 444.
2. Gasoline filling station subject to the provisions of Section 444.
3. Motor vehicle service & repair in fully enclosed buildings (Section 446.812)
4. Private, community or fraternal recreation clubs (Section 446.807)
5. Neighborhood scale recreational uses. Subject to approval by Town Board
6. Medical clinic
7. Sewage collection & treatment system; Water supply & distribution system TOWN
BOARD APPROVAL
8. Electrical transmission lines
9. Radio, television or other electronic transmission/receiving structure,
exceeding limits set forth in Section 414.
10. Accessory apartments, incidental to main use (Section 445).
11. Temporary housing unit (such as ECHO) incidental to the permitted main use
(Section 446.805).
12. Nursing homes and alternative care facility
13. Storage of more than one auto trailer, unoccupied mobile home trailer, boat,
or other unregistered vehicle,
PROVIDED SUCH TRAILER, BOAT, 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 STORAGE BE PERMITTED IN THE FRONT
YARD.
HM
HAMLET MIXED BUSINESS
Page 2 of 2
permitted accessory use
1. "Home Occupation" as defined in Section 200
2. Off-street parking facilities for the use of residents of the premIses and
their guest in accordance with Section 470 herein.
3. Signs as provided in Section 416
4. The renting of rooms to not more than two persons not members of the
resident family.
5. Storage of ONE auto trailer, unoccupied mobile home trailer, boat,
or 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.
6. Swimming pools or other accessory recreational facilities for the use of
the residents of the premises and their guests as regulated In Section 413.5.
7. Garden house, pool house, play house or greenhouse incidental to the
residential use of the premises AND NOT OPERATED FOR PROFIT, PROVIDED THAT ANY
SUCH STRUCTURE COMPLIES WITH ALL YARD AND SETBACK REQUIREMENTS FOR BUILDINGS.
8. Bus passenger shelter.
9. Radio receiving/transmitting towers In accordance with Section 414
10. Satellite Dish Antenna in accordance with the provisions of Section 415.4
11. Exterior lighting in accordance with Section 415.1
SECTION 422.9
AI - AIRPORT INDUSTRY
by right
1. Municipal airport
2. Aircraft sales or rental
3. Aviation related, flight, ground and/or maintenance school
4. Automobile rental service/storage.
5. Transportation terminal
6. Restaurant or other place serving food or beverages, incidental to
airport operation. (not including "fast food establishment" with a
drive-thru facility).
by special permit:
1. Warehousing or storage business, not to include plumbing, electrical,
or similar contractors establishment.
permitted accessory uses:
1. Any accessory building or use customarily incidental to permitted use.
2. Off-street parking and loading areas in accordance with the provisions
of Sect 470.
3. Signs in accordance with the provisions of Sect 416.5
4. Exterior lighting in accordance with the provisions of Sect 415.1
JANUARY 1989
Section 422.25 BULK REGULATIONS ALL NON-RESIDENTIAL DISTRICTS Town of Wappnger NY
DISTRICT NB GB HB SC 0 CC COP HM AI
Minimum lot size:
Area (sq ft or ac re) none 15,000 sf 1 acre 10 acres 1 ac re 1 ac re 10 ac res (A) 2 ac
Width (feet) 100 100 150 500 150 100 500 50 200
Depth (feet) 100 150 200 500 200 100 500 80 200
Street Frontage (feet) 100 100 150 300 150 100 300 50 150
Minimum Yard (feet)
Front
County/State highway 75 75 75 75 75 75 75 75 75
from c/l street 50 50 75 125 75 50 175 40 125
from....tront lot line 25 25 50 100 50 25 150 15 100
Side 20 20 10 50 10 10 200 12 50
accessory <15ft high 20 20 10 50 10 10 200 5 50
abutting residential where a lot line abuts land in a res ident ia 1 district, the most restrictive
setback requirement of either district shall govern.
Rear 30 30 30 50 30 30 200 25 50
accessory <15' high 30 30 30 50 30 30 200 5 50
abutting residential where a lot line abuts land in a residential district, the most rest rict ive
setback requirement of either district shall govern.
Maximum Building Height:
Stories 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5
Height ( fee t ) 35 35 35 35 35 35 35 35 35
Maximum Building
Coverage: (%) 20 25 25 20 25 20 15 25 20
Maximum Floor Area Ratio: 0.3 0.4 0.4 0.3 0.4 0.2 0.2 0.5 0.3
Max imum impervious surface (%) 75 75 75 75 75 40 40 50 75
Minimum landscaped open space 25 25 25 25 25 60 60 50 25
Minimum Parking setback (ft)
from front lot line 20
from side and rear lot line 10
(A) Min. Lot area/residential unit = 25,000 sf, unless served by central sewer system consistent with
Town water and sewer management plan, in which case the requirement is reduced to 10,000 sf/ uni t
Section 422.25 (continued)
BULK REGULATIONS
ALL NON-RESIDENTIAL DISTRICTS
Town of Wappnger NY
ADDITIONAL Notes/Requirements
Plans of development in all districts
must conform to the following sections:
Section 419
Section 470
Section 415.2
Section 460
(Wetlands & Steep Slopes)
(Off-street Parking & Loading)
(Buffer Areas)
(Flood Prone Area)
In NB & GB Districts:
Multiple attached & detached uses shall be
permitted subject to the prior issuance of a
Special Use Permit
In HB Districts:
Two uses shall be
where said one
operated by an
parcel; however
be more than one
parcel.
permitted in an HB zone
use is a business to be
owner-resident of said
in no instance shall there
residential use for said
In SC Districts:
Multiple attached or detached uses shall be
permitted.
Section 425. - Planned Unit Development District
425.1 Intent
The Planned Unit Development (PUD) District is hereby estab-
lished to provide balanced neighborhoods offering a wide
range of land use activities, individual employment opport-
unities, shopping facilities, housing in various forms, and
recreational facilities. It offers increased opportunities
for flexible land use and design regulations designed to
satisfy Wappinger's residential and non-residential needs,
at a pace and balance commensurate with the general rate of
Town growth and in a manner consistent with the environmental
capabilities of individual sites to support such residential
and non-residential uses, all in furtherance of the basic
policies and objectives as set forth in the adopted Town
Development Plan.
425.2 Objectives
The establishment of a Planned Unit Development District will
be to further encourage the following subjectives:
425.21 The establishment of areas in which diverse uses may
be brought together as a part of a compatible and
unified plan of development which shall be in the
interest of the general welfare of the Town;
425.22 An environment of stable character in harmony with
surrounding development, and a more desirable en-
vironment than would be possible through the strict
application of other Sections of this Ordinance;
425.23 A creative approach to the use of land and related
physical development;
425.24 A maximum choice in the types of environment and
living accommodations available to the public at all
economic levels;
425.25 The more efficient use of those public facilities
required in connection with new development;
425.26 An efficient, aesthetic and desirable use of open
space, the provision of permanent open space net-
works throughout the town.
425.27 Special consideration of property with unique
features, including but not limited to , historical
significance, unusual topography, landscape
amenities, size and shape;
425.28 A pattern of development which preserves trees,
outstanding topography and geological features,
and prevents soil erosion.
425.3 Eligibility Requirements
425.4
~
(j
t1 Uh ~/
425.31 Minimum Area
The minimum area requirement to qualify for a Planned
Unit Development District shall be seventy-five (75)
contiguous acres of land, except that where the
applicant can demonstrate that the characteristics of
his holdings will meet the objectives of this
article, the Town Board may consider projects with
less acreage.
425.32 OWnership
The land proposed for a Planned Unit Development may
be owned by one or more persons or corporations, but
shall be combined into a single contiguous parcel of
land at or prior to the time of application to the
Town Board. The applications shall be jointly sub-
mitted by all owners and, if approved, shall be
jointly binding on all of them.
425.33 Location and Access
Planned Unit Development Districts shall be permitted
only in areas presently containing a combination of
residential and no -residential zoning districts, or
planned for a combination of such uses in accordance
with the Town Development Plan.
planned unit Developments shall also have frontage on
and access to an existing or proposed major road, as
shown on the Town Development Plan.
Density or Intensity of Land Use
The appropriate density or intensity of land use to be per-
mitted 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. Such determination of land use
intensity and of density shall be based upon the recommend-
ation of the Town Planning Board as provided in Section
425.83 and upon a thorough documentation of the nature and
potential site and community impact of the proposed develop-
ment as required to be submitted by the applicant in accord-
ance with the provisions of Section 425.81. It is further
intended that the permitted maximum intensity of non-
residential uses not exceed that which could be permitted in
the corresponding conventional zoning use districts and that
the maximum gross residential density for the residential or
residentially related portion of any Planned Unit Development
not exceed that which could be permitted in an R-20 District
in accordance with the density unit formula.
425.5 Common Property in the Planned Unit Development
Common property in the Planned Unit Development is a parcel
or parcels of land together with the improvements thereon,
the use and enjoyment of which is shared by the owners and
occupants of the individual building sites. When there is
to be private ownership of such common property, legal
arrangements 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.
425.6 Off-Street Parking and Loading Requirements
The minimum off-street parking and loading requirements for
any uses or structures in a Planned Unit Development District
shall be the same as those stipulated for such uses or
structures in Section 470 of this Ordinance.
425.7 Additional Site Development Standards
In addition to the standards set forth in this section, the
applicant shall also comply with the appropriate design, site
development plan and performance standards of this Ordinance,
and of the Subdivision Regulations. Where a conflict between
this section and any of the above exists, the former shall
govern.
425.8 Application Procedure
The application procedure for approval of a .Planned Unit
Development shall involve the following: (1) Sub-
mission of rezoning application and a proposed General Land
Use and Development Plan and Program to the Town Board, if
required; (2) Planning Board review and report to the Town
Board on the appropriateness of the proposal in the context
of the Town Development Plan, the official map and this
Ordinance; (3) Public hearing by the Town Board and action
to approve, approve with modifications or disapprove the
establishment of the PUD District and the General Land Use
and Development Plan, and if the District is established;
(4) Planning Board public hearing and decision on the sub-
division of land, if any~ and (5) Planning Board, Town
Engineer, Superintendent of Highways and Town Attorney
administrative review of the Site Plan and related documents
and agreements for each section of the Planned Unit
Development.
425.81 Application Requirements
The following information shall accompany an app-
lication for the establishment of a Planned Unit
Development District:
425.811 A proposed General Land Use and Development
Plan at a scale of not less than one (1)
inch equals two hundred (200) feet indicat-
ing the following:
(a) Terrain conditions on the property, to
include topographic data with a maximum
contour interval of five (5) feet, an
indication of generalized soil types,
and the location of existing water
courses, wetlands, wooded areas, major
rock outcroppings, and other sign-
ificant existing features.
(b) A written statement describing the type
and intensity of uses proposed within
the Planned Unit Development District,
and the number of acres devoted to
each.
(c) A written statement describing the
nature of the proposed Planned Unit
Development and how it will serve to
implement the intent and purposes for
such developments, as set forth in this
Ordinance.
(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 re-
creational facilities~ utility service
and maintenance facilities: and areas
to be preserved as natural open space
including an open space system con-
sistent with the Town Comprehensive
Plan.
(e) A map showing the location of the Plan-
ned Unit Development District within
the general area.
(f) The general configuration of streets,
roadways, and right-of-way planned to
serve the Planning Unit Development.
(g) A numerical analysis of the development
proposal including the total number of
dwelling units proposed for inclusion
within the development, and the pro-
posed breakdown of these units accord-
ing to size and type, the total amount
of floor area to be devoted to each
type of non-residential use, the
approximate extent of building and
paved area coverage in each section, an
analysis of the development proposal in
relation to the maximum permitted
density (dwelling units per acre) as
set forth in the Section.
(h) A statement of the proposed method of
ownership and maintenance of the land
and facilities within the Planned Unit
Development.
(i) A generalized time schedule and phasing
plan for the staging and completion of
the Planned Unit Development, including
utilities and facilities.
(j) An environmental impact statement an-
alysing the capabilities of the pro-
posed development and the estimated
impact which said development is an-
ticipated 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.
425.812 Application and review fees for the proposed
Planned Unit Development shall be required
in accordance with the current fee schedule.
425.82 Referrals
Upon receipt of a complete application for the estab-
lishment of a Planned Unit Development District, the
Town Board shall refer such application and accom-
panying material to the Planning Board, to the Town
Engineer, and to such other boards, agencies or
officials as the Town Board may determine appropriate
for review and recommendation.
425.83 Planninq Board Review
Based upon the requirements of this Ordinance and the
policies and objectives set forth in the adopted Town
Development Plan, the Planning Board shall review
each application referred to it under the provisions
of this Section for the purpose of determining the
appropriateness of the proposed site for the intended
use and, in the case of a favorable determination,
the density of development for which such site is
suitable. In addition to the requirements of this
Ordinance and the Town Development Plan, such density
recommendation shall be based upon a careful con-
sideration and evaluation of the environmental
characteristics of the particular site and its re-
lationship to surrounding properties and uses.
Within sixty (60) days from the date of referral of
a completed application from the Town Board, the
Planning Board shall submit a written report to the
Town Board setting forth its findings and recommend-
ations.
425.84 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 amend-
ment.
425.85 Town Board Action
Following the public hearing, the Town Board may act
to approve, approve with modifications or disapprove
the proposed Planned Unit Development District
application. Any decision to approve an application,
with or without modification, and to establish a
Planned Unit Development District, shall be subject
to the same publication requirements as a zoning
amendment and a copy thereof forwarded to the Town
Clerk who shall make appropriate modifications to the
official Town Zoning Map and notations with respect
to any special conditions established with respect
thereto.
The Town Board shall not take favorable action on any
Planned Unit Development District application unless
it determines that the proposed General Land Use and
Development Plan complies with all requirements of
this Ordinance and with the policies and objectives
of the adopted Town Development Plan. In making its
determination, the Town Board shall consider both the
staging and the ultimate magnitude of such develop-
ment.
425.86 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.
425.87 Approval of Site Development Plans
No earthwork, land clearing or construction of any
kind shall take place within the limits of a Planned
Unit Development until a site development plan for
such development, or the appropriate section thereof,
has been reviewed and approved all in accordance with
the procedures outlined in section 450 of this
Ordinance and supplemented as follows:
425.871 Submission of Application
After Town Board action approving the zoning
change, applications shall be submitted in
five (5) copies to the Zoning Administrator,
with the initial application accompanied by
five (5) copies of the approved General
Land Use and Development Plan, and shall in-
clude the following information:
(a) A proposed site development plan map
drawn at a scale of no less than one
inch equals one-hundred feet (In =
100') and indicating the following:
(1) Title of the development, date,
revision dates, if any, north point,
scale, name and address of the appli-
cant 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; de-
signation of specific soil types; the
location of all existing water courses
and intermittent streams; the location
and extent of existing wooded and wet-
land areas, and specifications of the
type of vegetation prevailing therein
the location of existing stone walls,
rock outcrops, wooded area, and major
trees (eight inches or more in dia-
meter) outside of wooded areas which
are to remain undisturbed.
(3) The location and dimensions
length, width, ground floor elevation
and height) of all existing and pro-
posed main and accessory buildings,
with the use for each indicated.
(4) The location, width and finished
pavement grades of all existing and
proposed public and private roads.
(5) The location, layout, finished
pavement grades and surface treatment
proposed for parking and loading areas
and ingress and egress drives.
(6) The location, size and proposed
screening of any refuse storage or
other outdoor storage areas.
(7) The location and size of all pro-
posed water supply, sanitary sewerage,
storm drainage and other utility
facilities, including connections to
any existing facilities.
(8) Locations, design and construction
plans for proposed sidewalks and steps,
drainage structures, retaining walls,
etc.
(9) Landscaping plan, to include type,
size and location of materials to be
used.
(10) Proposed type, location and design
of exterior lighting system.
(11) proposed location, type, size,
color and illumination of all signs.
(12) Proposed open space network and
pedestrian circulation.
(b) Architectural plans and specifications
of representative buildings and struct-
ures, including general exterior ele-
vations, 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.
(c) Calculation of expected storm drain
loads to be accommodated by the pro-
posed drainage system for a one hundred
(100) year frequency storm.
(d) Estimate of earth work, showing the
quantity oimported
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 en-
gineer indicating the estimated cost of
constructing all new roads and side-
walks, and of the water supply sanitary
sewerage.
(g) Proof of approval by the State Depart-
ment of Transportation, County Highway
Department or the Town of Wappinger
Superintendent of Highways, as approp-
riate, of the design and proposed con-
struction of any intersection of a new
road with an existing State, County or
Town Highway, and of any proposed con-
nections to existing drainage facili-
ties along such highways.
(h) Copies of legal covenants and agree-
ments restricting the use of recreation
and open space area to such purposes,
and of documents establishing future
ownership and maintenance responsibili-
ties 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.
425.872 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, 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 con-
ditions established by the Town Board pur-
suant to the establishment of the Planned
Unit Development District; (2) that it com-
plies with all other applicable standards
and requirements of this Ordinance; (3) that
all facilities and improvements necessary to
the construction of the development will be
properly provided; (4) that proposed inter-
sections of private roads with existing Town
roads are located and designed so as to per-
mit 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 of
safely accommodating the increased traffic
generated by the development. Review by
the Town Attorney shall be for the purpose
of determining the adequacy of all coven-
ants, 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, Super-
intendent of Highways and Town Attorney
shall be submitted to the Planning Board
within thirty (30) days. The Planning
Board shall submit a summary report to the
Zoning Administrator within sixty (60) days
of the date on which such application was
originally referred to the Planning Board,
shall recommend whether the application
should be approved, disapproved or approved
with modifications and shall specify what
modifications, if any, are necessary.
425.873 Action by Zonin9 Administrator
Within ninety (90) days of the date the
application was received by the Zoning
Administrator, the zoning Administrator
shall act either to approve, disapprove
or approve with modifications, the site plan
and such action shall be based upon the
findings of the Planning Board as specified
in its report. A permit authorizing earth
work, land clearing or construction of any
kind shall be issued only for work which
will be done in accordance with the approved
site development plan, and no certificate
of occupancy shall be issued for any de-
velopment which has not been constructed in
accordance with said plan.
425.874 Inspection Fee
As a condition of site development plan
approval, an inspection fee in an amount
determined necessary by the Town Engineer,
but not in excess of seven percent (7%) of
the estimated cost of constructing all
private roads, sidewalks and water supply,
sewerage and storm drainage systems shall
be paid to the Town of Wappinger. Such
fee shall be used to cover costs incurred
by the Town in conducting inspections of
such construction as it progresses, and any
unused portion shall be returned to the
applicant.
425.875 Special Conditions
If, during the course of construction, any
conditions such as flood areas, underground
water, springs, intermittent streams, humus
beds, unsuitable slopes, soft and silty
areas, or other unusual circumstances are
encountered which were not foreseen in the
original planning, such conditions shall be
reported to the Planning Board and the Town
Engineer together with the developer's re-
commendations as to the special treatment
required to secure adequate and permanent
construction. The Planning Board shall in-
vestigate the condition or conditions, and
either approve the developer's recommend-
ations to correct same, order a modifica-
tion thereof, or issue his own specifi-
cations for correction of the condition or
conditions. Unusual circumstances or de-
trimental conditions observed by the Town
Engineer or Zoning Administrator shall be
similarly treated.
425.876 Staging
If the applicant intends to stage his de-
velopment, and he has so indicated in
accordance with Section 425.81, then he may
submit for site plan approval only those
stages ready for development in accordance
with his staging plan. Any plan which
requires more than twenty-four (24) months
to be 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 dwell-
ing unit ratios between the several differ-
ent housing types for that portion of the
Planned Unit Development completed and/or
under construction differ from that of the
Planned Unit Development as a whole by more
than twenty percent (20%), unless so
approved by the Town Board.
425.877 Amendments
The Town Board, after public hearing with
the same notice as required for the
original hearing, may consider and act upon
an application to amend the design concept
shown on the General Land Use and Develop-
ment, 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 are
complied with.
425.878 Expiration of A~proval
Town Board approval, or approval with
modification, of an application for a
Planned Unit Development shall expire if
construction work on the development is not
begun within one (1) year of the date of
approval, is not completed within ten (10)
years of the date of approval, or is not
prosecuted with reasonable diligence in such
a way to assure its completion within the
permitted time period and according to the
approved time schedule.
425.879 Financial Responsibility
No building permits shall be issued for
construction within a Planned Unit Develop-
ment District until improvements are in-
stalled or a performance bond posted in
accordance with the same procedures as pro-
vided for in Section 277 of the Town Law
relating to subdivision.
426. Recreational Use Development
426~1 Legislative Findings and Purpose
The Town Board finds it desirable, to promote the orderly
growth of growth of recreational facilities within the Town
and to establish a harmonious living environment relative to
these uses that would be otherwise not possible through a
strict Euclidian zoning ordinance and to permit a flexible
use toward land use for recreational purposes by not limiting
the development of non-public recreational uses to any speci-
fic areas of the Town but to permit placing of recreational
developments in any area of the Town where development of
such use will be consistent and harmonious with the land use
structure of that area. TSNM Mection establishes guidelines
to define, in part, what elements will be necessary to permit
such recreational development and establishes a mechanism for
such development to safeguard those concerned.
426.2 Definitions
Recreational Use: This. term shall be broadly construed and
given its plain and ordinary meaning and shall include all
traditional forms of recreational activity but shall not be
construed to extend to those areas that are traditionally in
the form of entertainment rather than recreaTNA1 MCYS OM
movie theaters, amusement halls, etc.
426.3 Eligibility Requirements
A recreational use development will be permitted within all
zoning districts of the Town of Wappinger upon approval of
the Town Board.
Section: 446.501
Use: Professional Office use in residence by inhabitant thereof.
Studio use in residence by inhabitant thereof.
501.1 Minimum lot size: as allowed by district requlations
501.2 Maximum density: only one such use per lot allowed
501.3 Parking requirements: as set forth in Section 470
50l.4 Buffering: as required to screen use from adjoining properties
501.5 Signs: only one per site, in accordance with Section 416
501.6 Architectural considerations: no basic change in the structure
shall be allowed.
501.7 Compatibility wi Surroundings: as required by the Planning Board in
site plan review.
501.8 Other conditions:
a. Such office or studio is incidental to residential use of the
premises
b. Not more than two non-resident employees, associates, or
assistants are employed on the premises.
c. Parking areas and access drives should be located, designed
or screened so as to minimize disturbances to adjoining
properties and shall be subject to site plan review for such
purposes.
d. No display of goods or signs or
office or studio is evident outside of
one sign as allowed by Section 416.3.
other evidence of such
the building, other than
Section 446.601
Use: Farm uses, nursery farm produce stand or greenhouse,
60 1 . 1
60 1 . 2
601.3
60 1 .4
60 1 . 5
60 1 . 6
601. 7
601 .8
Minimum lot size: as required by district regulations
Maximum density: none
Parking requirements: as required by Section 470
Buffering:
Signs: as allowed by Section 416
Architectural considerations: none
Compatibility wi Surroundings:
Other conditions:
a. NO STORAGE OF MANURE OR ANY OTHER ODOR OR DUST PRODUCING
SUBSTANCE SHALL BE PERMITTED WITHIN 100 FEET OF A STREET OR
PROPERTY LINE, NOR 150 FEET OF A WATER COURSE OR WETLANDS AREA.
b. NO RETAIL SALES SHALL BE PERMITTED ON THE PREMISES except as
provided in SECTION 446.804.
c. NO MORE THAN THREE COMMERCIAL VEHICLES, STORED IN FULLY
ENCLOSED STRUCTURES, MAY BE KEPT ON THE PROPERTY.
d. NO LESS THAN TWO (2) ACRES OF LAND IS AVAILABLE FOR EACH
ANIMAL.
e. ALL ANIMAL FEED IS STORED IN RODENT-PROOF CONTAINERS.
Section: 446.701
Use: Conversion of existing dwelling, containing more than 3000 sq ft,
build prior to 1962, to two or multi-family use:
701.1 Minimum lot size: at least 40,000 sf
701.2 Maximum density: one dwelling unit for each 20,000 sf of lot area
701.3 Parking requirements: as required by Section 470
701.4 Buffering: as required by Zoning Board of Appeals
701.5 Signs: none
701.6 Architectural considerations: no change 1n outside appearance 1S
allowed.
701.7 Compatibility wi Surroundings: as required by Zoning Board of
Appeals
701.8 Other conditions:
a. Each dwelling unit produced from such conversion shall contain at
least 800 square feet of usuable floor area.
b. The existing structure shall comply with all other requirements
of this ordinance.
Section 446.801
Use: Places of worship, including parish houses and religious schools
80 1 . 1
80 1 . 2
801.3
80 1 . 4
80 1 . 5
801 .6
80 1 . 7
80 1 . 8
(. - 1
Minimum lot size: 2 acre
Maximum density: none
Parking requirements: as set forth in Section 470
Buffering: as set forth in section 415.22
Signs: as set forth in section 416
Architectural considerations:
Compatibility w/ Surroundings:
Other conditions:
Section 446.802
Use: Colleges; private schools
802 . 1
802.2
802.3
802.4
802.5
802 . 6
802.7
802.8
Minimum lot size: 10 acre
Maximum density: 20 students/acre
Parking requirements: as set forth in Section 470
Buffering: as set forth in section 415.22
Signs: as set forth in section 416
Architectural considerations:
Compatibility w/ Surroundings:
Other conditions:
Section 446.803
Use: Library; museums
803 . 1
803.2
803.3
803 . 4
803.5
803.6
803.7
80 3 . 8
Minimum lot size: 5 ac re
Maximum density: 5000 sf/acre
Parking requirements: as set forth In Section 470
Buffering: as set forth in section 415.22
Signs: as set forth in section 416
Architectural considerations:
Compatibility w/ Surroundings:
Other conditions:
Section 446.804
Use: Tempory outdoor stand/use
804.1 Minimum lot size: none
804.2
Maximum density: as determined by zoning admisistrator for the
intended use.
804.3 Parking requirements: as set forth in Section 470
804.4 Buffering: as set forth in section 415.22
804.5 Signs: as set forth in section 416
804.6 Architectural considerations:
804.7 Compatibility w/ Surroundings:
804.8 Other conditions:
permit issued by Zoning Administrator for the following period:
specific function not to exceed 25 days
seasonal permit not to exceed 99 days
Section 446.805
Use: Temporary Housing Units (ECHO)
incidental to permitted main use
Definition: ECHO (Elderly Cottage Housing Opportunity) Unit Separate,
detached or impermanently attached, temporary dwelling unit, containing
its own cooking, sanitary, and sleeping facilities, accessory to a
one-family dwelling, for the use of and occupied by not more than two
elderly or disabled residents, one of whom must be over 60 or unable to
live independently because of mental or physical illness or disability. A
mobile home may not be used as an ECHO unit.
805.1 Minimum lot size: as required for permitted main use
805.2 Maximum density: one per required lot
805.3 Parking requirements: Adequate parking, for
use and occupants of the ECHO unit, shall be
accordance with other provisions of this ordinance.
both the permitted main
provided on-site, in
805.4 Buffering: as set forth in section 415.22
805.5 Signs: none allowed
805.6 Architectural considerations: The exterior of the ECHO
be compatible with principal residences in the neighborhood
color, siding, roof pitch, window detailing, and roofing
separate outside access to the ECHO unit must be provided.
unit shall
in terms of
materials. A
805.7 Compatibility wI Surroundings: The ECHO Unit shall be not
400 sq ft nor more than 900 sq ft. in area.It shall not exceed
one story in height. The unit shall not be located in the front
shall conform to all other bulk regulations of the district.
less than
12 ft nor
yard and
805.8 Other conditions:
a) Dutchess County Health Department Approval of the additional use
must be obtained.
b) Construction of the units shall conform to all applicable laws,
regulations, codes and ordinances.
c) The unit shall be constructed so as to be readily removable, with
the lot restored to original condition. No permanent fence, wall or
structure should impede such removal.
d) The use shall terminate at the death or permanent change of
residence of the original occupant(s). The unit shall be removed and
the lot restored to original condition within ninty (90) days of such
termination.
In the event the unit is not removed by the end of such period, the
Town has the right to cause the unit to be removed and to charge back
such cost to the property owner.
Section: 446.806
Use: Guest house/caretaker cottage
806. 1
806.2
806. 3
806.4
806.5
806.6
806.7
806.8
Minimum lot size: 10 acres
Maximum density: one per estate
Parking requirements: as required by Section 470
Buffering: none
Signs: none
Architectural considerations: none
Compatibility w/ Surroundings: none
Other conditions:
a. Each structure shall be placed in a manner that will allow a
future subdivision based upon compliance with current zonIng
regulations.
b. each structure shall contain at least 800 square feet of usuable
floor area.
Sect ion: 446.807
Use: Private, community or fraternal recreation clubs
807.1 Minimum lot size: 2 acres
807.2 Maximum density: 50 memberships/acre
807.3 Parking requirements: as required by Section 470
807.4 Buffering: as required by Zoning Board of Appeals for the type of
use proposed
807.5 Signs: In accordance with Section 416
807.6 Architectural considerations: none
807.7 Compatibility w/ Surroundings: As required by Zoning Board of
Appeals
807.8 Other conditions:
none
Section: 446.808
Use: Private camps for seasonal residents
808.1 Minimum lot size: 2 acres
808.2 Maximum density: 50 campers/acre
808.3 Parking requirements: as required by Section 470
808.4 Buffering: as required by Zoning Board of Appeals for the type of
use proposed
808.5 Signs: In accordance with Section 416
808.6 Architectural considerations: none
808.7 Compatibility w/ Surroundings: As required by Zoning Board of
Appeals
808.8 Other conditions:
none
Section: 446.809
Use: Nursing and/or convalescent home
809.1 Minimum lot size: 6 acres
809.2 Maximum density: 20 beds/acre
809.3 Parking requirements: as required by Section 470
809.4 Buffering: as required by Zoning Board of Appeals for the type of
use proposed
809.5 Signs: In accordance with Section 416
809.6 Architectural considerations: none
809.7 Compatibility w/ Surroundings: As required by Zoning Board of
Appeals
809.8 Other conditions:
Institutions for the mentally ill or facilities for the treatment of
drug or alcohol abuse are prohibited.
Section: 446.810
Use: Funeral home
810.1 Minimum lot size: 2 acres
810.2 Maximum density: none
810.3 Parking requirements: as required by Section 470
810.4 Buffering: as required by Zoning Board of Appeals for the type of
use proposed
810.5 Signs: In accordance with Section 416
810.6 Architectural considerations: none
810.7 Compatibility w/ Surroundings: As required by Zoning Board of
Appeals
810.8 Other conditions:
a. Sufficient aisle and loading space shall be provided os-site to permit
a minimum of eight cars forming a procession.
b. Prior to the approval of a Special Use Permit, the Board of Appeals
shall make a finding that the existing road network is capable of handling
the proposed traffic.
c. An accessory dwelling unit for the manager or on-site custodian may be
allowed.
Section: 446.811
Use: Day care center/day nursey
811.1 Minimum lot size: 2 acres
811.2 Maximum density: none
811.3 Parking requirements: as required by Section 470
811.4 Buffering: as required by Zoning Board of Appeals for the type of
use proposed
811.5 Signs: In accordance with Section 416
811.6 Architectural considerations: none
811. 7 Compatibility w/ Surroundings: As required by Zoning Board of
Appeals
811.8 Other conditions:
a. Prior to the approval of a Special Use Permit, the Board of
Appeals shall make a finding that the existing road network 1S
capable of handling the proposed traffic.
b. An accessory dwelling unit for the manager or on-site custodian
may be allowed.
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EAF-A~~ROACH:
1. The major work and/or changes undertaken in this reV1ew include:
a. Revi~w and recommendations in the level of allowable densities, in
the various areas of Town, as they relate to the availability and/or
po-s-s+b-H-i:-t::y--o-f----!!Gommun-i-t:-yfpubl-ie-'..L-wat:er--suppl-y--&-di-s tri bution ;---
"community/public" sewage collection & treatment; and an adequate
road network.
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b. Review and recommendation regarding the types of uses allowed in
the various districts as they relate to the existing environmental
c.ohstrciiuts.
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c. Addressing the need and/or compatibility of a range of residential
densities, iuc.ludillg the "ciffuLd<1ble hOu$lu~" lssue-;--w1:t-hin-the-
parameters of the Zoning Ordinance and within the context of the
recently adopted revisions to the Comprehensive Plan.
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2. Future review will consider:
a. R~e--Pur po se s & Def-i-n-i-t-i-ons
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b. Review and recommendations 1n the area of zon1ng administration
and code enforeement.
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c. Review and recommendations in the area of reV1ew and approval
procedures for site plalls &--special permits.
d. Recommendations for addressing the sensit1v1ty to the visual
aspects of site developUleat, J:1articull<1L l'y arong-ma-jor-corridor::>.
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3. In-aee-crdanee-w-rt-h-the-l-an-g-uage--of-Sect-ion-6H.1-2-TYPE-I---ACTI ONS,-Typ e---
I actions are more likely to require the preparation of an EIS.
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l:hlJeL Sel.;tiou 6t-=h+2 (b) t-2-)--the-a:dop-tion-of-change-s-in-the-al-l-owabl-e-
uses within any zoning district, affecting 25 or more acres, is a
Type I action.
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Initial review of the proposed changes will reveal that the changes
are designed to reduce the adverse environmental effect associated
witl. the de~elopmeaL vI the V<1~<1uL l<1uJ", wiLhiu Lhe Towu, <111 iu
accordance with the recently adopted Comprehensive Plan. It is
therefore anticipated, that at the conclusion of the Public Hearing,
anJ J:1L iUL tu aUY del.; i::s i uu, the-'P-own-BuarJ, <1::> t-ead-a:gency-wi-l-]:-adop~
a "Negative Declaration" (a determination of no adverse
signi ficance).
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