1997-12-11
FREDERICK P. CLARK ASSOCIATES, INC.
PI an ni n g / Deve I 0 pmentl E nv i ran ment IT ran s po rtat ion
Rye, New York and Southport, Connecticut
David J. Portman, AICP
Howard I. Reynolds, PE
David H. Stolman, AICP
350 Theodore Fremd Avenue
Rye, New York 10580
(914) 967-6540
Michael A. Galante
Joanne P. Meder, AICP
MEMORANDUM
To:
Supervisor Constance O. Smith and the Wappinger Town Board
Date:
December 11, 1997
Subject:
Codification of Local Laws and Ordinances
As requested, we have reviewed certain comments and recommendations made by General
Code Publishers for the purpose of rendering our recommendations thereon.
Environmental Quality Review
Section 23, Environmental Quality Review, of the codified Town Code currently provides
local regulations which are different from Part 617 of Title 6 of the New York Code of
Rules and Regulations (the Statewide regulations implementing the State Environmental
Quality Review Act) promulgated by the New York Department of Environmental
Conservation. Part 617.14(b) states:
"Individual agency procedures to implement SEQR must be no less protective of
environmental values, public participation and agency and judicial review than the
procedures contained in this Part. This Part supersedes any SEQR provisions
promulgated or enacted by an agency that are less protective of the environment."
The only reason for a municipality having its own SEQR regulations would be for the
purpose of having its regulations be more restrictive than the Statewide regulations
pertaining to SEQR. In that we do not believe that it is the objective of the Town of
Wappinger to be more protective of the environment than is provided by the Statewide
regulations, nor do we believe that the Town needs to be more protective of the
environment, we recommend that it would be appropriate for the Town to no longer have
its own local environmental quality review regulations, other than to reference the
Statewide regulations in Part 617.
Connecticut · (203) 255-3100
FAX. (914) 967-6615
Long Island. (516) 364-4544
FREDERICK P. CLARK ASSOCIATES, INC.
PI an ni n 9 / Deve I 0 pment / Envi ran ment/T ransportation
Professional Consulting Fees
Article I, Professional Consulting Fees, of 9 24, Fees, of the codified Town Code
provides for the payment by Applicants of professional review costs incurred by the
Town. These provisions pertain to the review of "zoning permits, zoning amendment
requests, subdivision applications, [and] permits required by the Building Code, the Fire
Prevention Ordinance or other statutes or Local Laws." These provisions therefore
provide an "umbrella" over the Zoning Law, the Subdivision Regulations, etc. Further,
the subject provisions do not contradict the provisions of the Zoning Law. We therefore
recommend that the subject provisions remain in the Town Code as Article I of 9 24.
Attorneys' Prosecution Fees
Article II, Attorneys' Fees, of 9 24, Fees, of the codified Town Code provides for the
Town's recovering of "reasonable attorneys' fees for the prosecution of' "civil proceedings
to enforce a local law, ordinance, subdivision regulation, rules and regulations, highway
specifications, or other rules of conduct or standards" "as well as the costs and
disbursements of said proceedings."
The subject fees are not application review costs and we are not in a position to render
an opinion as to whether the Town should seek to recover the subject fees.
Recreation Fees
On page 24 of General Code Publishers' Comments and Recommendations dated
September 1997, Code Publishers states: "This local law establishes a subdivision
recreation fee required to be paid per lot subdivided. Should it be included?"
The Town's Subdivision Regulations contain provisions regarding the payment of a
recreation fee in lieu of the reservation of parkland. We believe that it would be
satisfactory to include the subject provisions being questioned (Article III, Recreation
Fees, of 9 24, Fees, of the codified Town Code) so long as the subject provisions are
consistent with the associated provisions in the Town's Subdivision Regulations.
Subdivision of Land
1. On page 37 of General Code Publishers' Comments and Recommendations, General
Code Publishers asks whether the sections in the Subdivision Regulations regarding
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FREDERICK P. CLARK ASSOCIATES, INC.
PI an n i ng / Deve I opme nt / Envi ran ment /T rans portation
preliminary and final subdivision plat approval (questions A and B on page 37,
respectively) should be revised by merely referencing the appropriate sections of
New York State Town Law, or whether the subject sections should be amended by
means of reciting the appropriate provisions from the Town Law.
We believe that the Subdivision Regulations should be a "stand alone document,"
and should not expect readers of the Subdivision Regulations to have a copy of
New York State Town Law on hand. For this reason, we recommend that the
subject sections regarding preliminary and final subdivision plat approval be revised
by means of including a recitation of the appropriate provisions of New York State
Town Law.
2. With respect to the filing of the final subdivision plat in the Office of the Dutchess
County Clerk (question C on page 37), the specified time period in 9 A123-9 of
the Subdivision Regulations should be changed from 90 to 62 days.
Sunday Activities
With respect to Article I, Public Sports and Exercise, and Article II, Public Entertainment,
of 9 43, Sunday Activities, of the codified Town Code we believe that the subject
provisions are obsolete and should be deleted from the Town Code.
Swimming Pools
General Code Publishers states that the enclosure of swimming pools is "also covered in
Part 720 of the New York State Uniform Fire Prevention and Building Code, which the
Town has adopted. It seems that this ordinance could be deleted from the new Code
because the provisions of the Uniform Code apply."
Rather than deleting the provisions regarding the enclosure of swimming pools, we believe
that, in the interest of safety, it would be appropriate to either leave the subject provisions
where they are or to relocate them to the Zoning Law. Even though the subject
provisions may be redundant in that the subject is covered in the New York State Uniform
Fire Prevention and Building Code, in the interest of safety we do not believe it would
be inappropriate to have the regulation mentioned twice.
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FREDERICK P. CLARK ASSOCIATES, INC.
PI anni ng / Development! Envi ronment!Transportation
Zoning
1. In response to General Code Publishers' suggestion that the Town may want to
amend the definition of "family" in its Zoning Law in response to recent court
cases, we offer the following proposed amended definition (11111. indicates added
wording and {braekets Md strikeout} indicate wording to be"ddeted):
A f I d. d' 'd I l""':':':'.':':':':':-:':':-:':-:':':':':'::;j::':':':':':':':':':':':"i",~L':':':':':':"':':':':':':':':':':'~:':.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:-:.:
F 'I t . ................u........imi.....td..e:lii................
_~:1911iliil::.la; i1~i:li {~:~f~;;:~~f~~::~4),:::~:~:I~~a
individuals living and cooking together as a single housekeeping unit m::':~
_1:::::II'I:::::~ii::::II:::::.g!lil:::::.II!:ll::::gE:::~II:::ff!lt!I::::I!ll9itlJ,~......A
roster home under the jurisdiction of a public agency shall be considered a
"family" for the purpose of this Zoning Law.
2. General Code Publishers mentions that ~ 274-a.8 of the New York State Town Law
provides that the Planning Board shall mail notice of the public hearing on a site
plan application to the Applicant at least 10 days before the hearing. General Code
Publishers asks whether a sentence should be added to ~ 450.5 of the Town's
Zoning Law to this effect. We recommend that such a sentence be added to ~
450.5 regarding notice to the Applicant.
* * * *
If you have any questions with regard to the above, please let me know. I look forward
to discussing the subject sections of the new Town Code with you.
David H. Stolman, AICP
Executive Vice President
Daniel K. Wery, AICP
Senior Associate/Planning
cc: William Parsons, Chairman,
and the Town Planning Board
Albert P. Roberts, Esq.
Joseph E. Paggi, Jr., PE
Donald Close
Elaine Snowden
SOO\wap7-00 l.dhs.crc
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