1997-12-11
FREDERICK P. CLARK ASSOCIATES, INC.
PI an n i n 9 / D eve 10 pment/ E nvi ran me nt/ Transportation
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
William Parsons, Chairman, and the Town of Wappinger Planning Board
Date:
December 11, 1997
Subject:
ProDosed Zonine Amendments
As requested, we have prepared proposed amendments to the Zoning Law in connection
with a wide variety of subjects. The following is a synopsis of the proposed changes.
Further, attached are pages from the Zoning Law which actually show the proposed
amendments withillili indicating wording which would be added and [brackets aRd
strikeOl:it] denoting wording which would be deleted.
Gasoline Filling Stations
Page 10 - The definition of gasoline filling station has been split into more than one
sentence and has been improved.
Page 114 - The 1,OOO-foot separation requirement between gasoline filling stations and
boundary lines of any residence district, or of any school, church, park, playground, hospital,
public library, institution for dependents or children, or any place of public assembly
designed for the simultaneous use of 100 persons or more, regardless of the district where
the premises are located, would be eliminated. In its place would be the requirement that
the Planning Board's environmental review of gasoline filling stations shall include their
potential effect on surface water, groundwater and potable water supplies.
Page 115 - The minimum separation requirement between gasoline filling stations would be
changed from 2,500 feet to 500 feet.
Page 115 - A new minimum lot size of one acre for gasoline filling stations has been added.
Connecticut · (203) 255-3100
FAX. (914) 967-6615
Long Island · (516) 364-4544
FREDERICK P. CLARK ASSOCIATES, INC.
PI an ni ng / Development / E nvi ron ment IT rans portat ion
Repair Garage
Page 10 - The definition of repair garage has been split into more than one sentence and
has been improved. The definition now makes it clear that the conduct of engine work,
body work, major structural repair, painting and restoration are permitted at a repair garage.
Home OccupationsfProressionaI Omce in the HomejProressionaI Studio in the Home
Page 14 - Provided are new definitions for professional office and professional studio which
are applicable to Special Permit Uses 33 and 34 in the Schedule of Use Regulations-
Residential Districts (also attached at the end of this memorandum).
As also shown in the Schedule of Use Regulations - Residential Districts, the home
occupation use (Use 35) has been split into two uses (Uses 35 and 35a). Home occupations,
other than professional office or professional studio uses, which do not involve on-site
clients, visitors, customers or patrons, and which do not have an employee (other than the
owner) would be Permitted Accessory Uses not requiring a permit. However, home
occupations, other than professional office and professional studio uses (which are already
Special Permit Uses), which do involve on-site clients, visitors, customers or patrons, or
which have an employee (other than the owner) would be Special Permit Uses.
Required Street Frontage
Page 43 - Section 410.3 Required Street Frontage, has been revised to closely track Section
280-a of New York State Town Law, as well as to include provisions at the end of this
section which have been traditionally specific to the Town of Wappinger.
Fencing
Page 66 - A provision has been added that requires that all fencing be installed such that
the more attractive side (if there is a more attractive side) is facing outwards from the lot
on which it is located.
Accessory Apartments
Page 117 - Currently, the building in which an accessory apartment is located must be at
least five years old, except that the Planning Board may reduce the minimum age to three
years in certain cases. The proposed amendment requires that all additions to the building
would also have to meet the minimum age requirements.
2
FREDERICK P. CLARK ASSOCIATES, INC.
PI an ni n 9 / Deve lopment / Envi ran ment/T rans portat ion
Site Plan Applications
Page 140 - This amendment gives the Zoning Administrator discretion in terms of the
number of copies of site plan applications which must be submitted by an Applicant.
Site Plan Public Hearing Notification
Page 145 - The proposed amendment requires that Applicants send the Town-prepared legal
notice regarding the site plan public hearings on their applications to abutting and adjacent
property owners by certified U.S. mail, and that they provide stamped certified mail receipts
to the Planning Board prior to the public hearing. This process would be in lieu of the
Town performing the mailing.
Landscaping of OfT-Street Parking Areas
Page 151 - The minimum caliper of shade trees in this context would be reduced from four
to three inches in size.
Emergency Vehicle Access
Page 157 - This requirement has been modified so as to require that driveways and access
roads be designed so as to provide the Fire Department apparatus access to at least within
50 (rather than 150) feet of structures.
Enforcement: Violations and Penalties
Page 164 - The imprisonment periods for a violation of the Zoning Law would be changed
from six months to 15 days, as requested.
RMF -3 and RMF -5 Districts: Minimum Lot Size
As shown in the Schedule of Dimensional Regulations - Residential Districts (attached at the
end of this memorandum), the minimum lot size for multi-family projects in the RMF-3 and
RMF-5 zoning districts, where served by public water and sewer service, would be changed
from 15,000 square feet to five acres in both districts.
Additional Topics for Discussion
We look forward to having the opportunity to discuss the following topics with the Town in
order to get better direction as to the nature of additional amendments which may be
desired:
)
FREDERICK P. CLARK ASSOCIATES, INC.
PI an n i n g / Deve lopme nt/ E nvi ran ment /T rans portat ion
· The possible streamlining of the accessory apartment review and approval process.
· The possible streamlining of the lot line realignment review and approval process.
· The possible reorientation and modification of the following two uses: (1) farm uses
including accessory farm produce stands, nurseries and greenhouses; and (2)
temporary outdoor use and, in residential districts, temporary outdoor stands for the
sale and display of field and garden crops.
· Possibly permitting vehicle rental service and storage as a permitted use in the
Highway Business zoning district.
* * * *
We look forward to having the opportunity to discuss the above and the attached with you
at your convenience.
David H. Stolman, AICP
Executive Vice President
Daniel K. Wery, AICP
Senior Associate/Planning
Attachments
cc: Albert P. Roberts, Esq., w/attachment
Joseph E. Paggi, Jr., PE, w/attachment
Donald Close, w / attachment
Elaine Snowden, w / attachment
500\ wap1-003.dbs.cn:
4
TOWN OF WAPPINGER ZONING lAW
ART1CLEII-D~ONS
Filed Map: Any map or plat filed in the County Clerk's Office of Dutchess County.
Flood: A temporary increase in stream flow or stage that results in water inundating areas
adjacent or near to the usual channel.
Flood-Prone Areas or Flood Plain: The channel of a watercourse and its adjacent areas
subject to inundation by the 100-year recurrence interval "flood".
Flood, tOO-Year: 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
"building" or ''buildings'', measured from the exterior faces of the outside walls of such
''buildings'', 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".
Frequency: The number of oscillations per second of a vibration.
Frontage: The continuous extent of a "lot" along a "street".
Garage, Private: An "accessory 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.
Garage, Repair: A ''building'', or..P9.~~~~...~~.~~~f,...~.~~~...~~~..~~.~...~~9.~~g~?....c.~.~...9~..!.~.P~r..g~
motor vehicles for remuneration, :1~~J.1:fi.<i!:I!~t:::n~!!!I!1~:im!{!ii\1!11:]i!::R!!Jiitl%
l.i::.[I:i:.mi:::..til::ii.f.~:::.ilig::ii:::tl~lilgp~ [or the ineidental sale of motor
fuels dispensed from pumps, or the ifleid~~~.".~:~::....?!.:.!:?!.?E:.::::~~.~!:::.:.:.~.:~.~:~~~E.~.:.~.~:....?:~.:.:::~:~E.;
t h' 1 k t ~ h' I ] .B'........Xtte.a:......................................................x...cma....ta........l....'f
Ail
Gasoline Filling Station: An area of land, including "structures" thereon, or a ''building'' or
part thereof, other than a "repair garage," that is {primarily] used for the sale of motor fuel~
10
Draft Revisions 12/11/97
TOWN OF WAPPINGER ZONING LAW
ART1CLEII-DE~ONS
Parking Area: 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".
Particulate Matter: Any finely divided liquid or solid matter, including "smoke", capable
of being air or gas borne.
Planned Unit Development: A single development containing a combination of one (1) or
more of the following: residential "dwellings" 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.
Porch: A roofed "structure" projecting out from the wall or walls of a principal "structure"
and which may be open to the weather.
Private, Community or Fraternal Recreation Club: A not-for-profit corporation organized
to cater exclusively to its members and their guests, including land, ''buildings'', and
swimming, tennis, golf and/or other types of country club facilities for recreational, athletic,
social, professional and/or cultural purposes. The members of the organization shall have
a financial interest in, and a method of control of, the assets and management of the
"private, community or fraternal recreation club".
Restaurant: 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
premises, and which 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 Smoke Chart: A chart for determining the density of "smoke" and which is
issued by the Federal Bureau of Mines.
Rooming House: Same as "Boarding House."
wappzn97\200-B.DOC
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Draft Revisions 12/11/97
TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SECI10N 410 - GENERAL REGULATIONS
by the developer regarding all common
lands until the home owner's association
is established. The amount and period
of said bond shall be determined by the
Planning Board, and the form,
sufficiency, manner of execution surety
shall be approved by the Town Board.
410.2.3.7.3.11 Prior to plat approval, the town may
form a park district of the Open Space
subdivision including the perpetual open
space, which district shall have the
power to take over the work of the
home owner's association in the event of
default or non-performance, in the
opinion of the Town Board, of such
association, and to tax the property
owners of such district in order to defray
the costs associated with intended
maintenance and control as required.
410.3 Required "Street" "Frontage"
No Building Permit shall1?::.:.!~.~~.~.~:.,~?E..:~.~.:.:.~.~:!:~~.!.~:~~.~::~~.:.:?:.~:.:~Y:.:.:~~~~.::::::.:.:?~jl!.:.~.?e~.~.~~:!ion of
II t ctu II nl th .rJ.U..as..... .u.........m...B!j... .................x...............................t...........xa. ...m.........................W......c.a.. ..........M~' "
any S ru re U ess e . .' ""'~,*,,"'" :v....~:nO:...c~""':.:li~~:... n:...~c:~. ..... ~""""'''''''-''''''''''l:!:' . ~:~
HflOB '.vhieh the "ase" is to::::l;:;::.;;~i:b'ii~h.e:a;::.:~~4.:::~:~i~=;:irf~~~g.:~~:l;~~ri::k:~:.\qi.~~i~ge" of
at least 50 feet on a "street" or highway whieh] has been suitably improved to Town Road
standards or a bond 11:iI!:!Qiii posted therefor, [9:Bd lHlless the aetaal aeeess to sueh "ase" or
Stiek "strueture" will b(;"'o\;er"sHeh "frontage", all] in accordance with the provisions of *'1280-
410.4 "Yards" and Setbacks
410.4.1 "Yard" for Every "Building".
No part of a "yard" or other open space provided about any "building" or on any
"lot" for the purpose of complying with the provisions of this Local Law shall be
included as any part of the "yard" or open space for any other "building" or any
other "lot".
43
Draft Regulations 12/11/97
TOWN OF WAPPINGER ZONING lAW
ARTICLE IV - REGULATIONS
SEcnON 410 - GENERAL REGULATIONS
410.18.8 Final Action by Referring Agency.
The findings and recommendations of the Planning Board shall be considered
advisory, and the final decision on approval of the plans or application shall be
made by the appropriate referring agency.
410.19 Storage of Gasoline
410.19.1 No storage of gasoline for "use" in motor vehicles or other motors shall be
permitted in any residential zones.
410.19.2 This section shall not apply to temporary storage of gasoline in portable containers
having a capacity five (5) gallons or less.
:11.::::if,~jt:lllli
-------
docs\ wappzn97\410-B.doc
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Draft Regulations 12/11/97
TOWN OF WAPPINGER ZONING LAW
ARTICLE IV . REGULATIONS
SECTION 440 . SPECIAL SfANDARDS
required for, and shall be deemed to authorize, the applicant to proceed with a
detailed design of the proposed development, and to submit applications for
subdivision plat and/or site plan approval which are in accordance with the
approved General Land Use and Development Plan. The Town Board shall not
act to approve any application for a "mobile home park" unless it determines:
440.2.8.1 That such development will service to implement the intent and
purposes as set forth in this section of the Zoning Law;
440.2.8.2 That the location proposed for the "mobile home park" is suitable
and appropriate for such a development; and
440.2.8.3 That such development is otherwise in the public interest.
Such conditions and safeguards shall be attached to the special
permit as the Town Board deems necessary and appropriate to
assure continual conformance to all applicable standards and
requirements.
440.2.9 Fees.
440.3
440.3.1
440.3.2
The Town of Wappinger subdivision fee schedule will apply with regard to
applications for new "mobile home parks" with each trailer site equivalent to one
(1) "lot".
"Gasoline Filling Stations"
(1,000) feet of the BOl:iRaary liRe of aay resideaee distriet, or of aB)' "sehool",
ehareh, pa-rk, playgrol:iad, "hospital", pl:iblie library, institutioB for dependents or
efiildrea or aay plaee af pttblie assembly desigHed for the siHRiltaaeo1:1s "1:1se" of
ORe ImRdred (100) persoRs ar mare, regardless of the district where either
premises are loeated.]
Fuel pumps and storage tank inlets shall be set back at least twenty five (25) and
fifteen (15) feet, respectively, from the perimeter property lines of the site.
Further, fuel pumps and storage tank inlets shall be located and oriented in such
a manner as to prevent the stacking of vehicles into any road right-of-way and the
blocking of any point of site ingress or egress. For the purposes of this section,
canopies over commercial fuel pumps and filling areas shall be permitted to
extend into the minimum required "front yard" for the district in which the
property is located, but in no case shall any canopy be located within five (5) feet
of any "lot line".
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Draft Revisions 12/11/97
TOWN OPWAPPINGERZONING lAW
ARTICLE IV - REGUlATIONS
SEcnON 440 - SPECIAL SfANDARDS
440.3.3 All automobile parts, partially dismantled motor vehicles, or similar articles shall
be stored within a ''building''. All repair and service work, including car washing,
but excluding emergency service and the sale of fuel and lubricants, shall be
conducted entirely within either a ''building'' or, where deemed appropriate by the
Planning Board due to such factors as the size of the property involved and/or
its location, shall be conducted entirely within a fenced in area in which such
work is visually screened from all adjoining properties and roadways. In no case
shall any vehicles awaiting service or repair work be stored outdoors for a period
exceeding five (5) days, unless such vehicles are entirely located within a fenced
in area and are visually screened from all adjoining properties and roadways.
Body work, major structural repair or painting shall not be permitted.
440.3.4 "Use" of a ''building'' for any residence or sleeping quarters shall not be
permitted.
440.3.5 There shall be a minimum of:.i~:l:llItll:::::(I.l [weBt)' five hl:lfldred (2,500)]
feet between "gasoline filling statIonsii:.................................
:.liliillli:::l~.il::_.~:::!!IBI:::itg\~:::iiill:~:li:::gii:::II~::::iil~
440.4 "Accessory Apartments"
440.4.1 Legislative Intent.
A special permit may be granted by the Planning Board to permit "accessory
apartments". It is the specific purpose and intent of this provision to provide the
opportunity for the development of small "dwelling units" designed, in particular,
to meet the special housing needs of relatives of families living in the Town of
Wappinger. Furthermore, it is the purpose and intent of this section to allow the
more efficient "use" of the Town's existing stock of "dwellings", to protect and
preserve property values and to maintain the one-family character of the one-
family residence districts of the Town of Wappinger without the over-utilization
of the land.
440.4.2 Standards.
To help achieve these goals and promote the objectives of the Town
Comprehensive Plan, the issuance of a special permit and the granting of site
plan approval by the Planning Board shall be subject to the following
requirements in addition to the general special permit standards of ~ 430 and the
requirements of site plan approval of ~ 450, herein.
440.4.2.1
Minimum Lot Area. The minimum "lot area" shall be twenty
thousand (20,000) square feet.
wappzn97\44O\b.dkw
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Draft Revisions 12/11/97
TOWN OF WAPPINGER ZONING LAW
ARTICLE IV . REGULATIONS
SEcnON 440 - SPECIAL STANDARDS
apartment" shall be in compliance with the New York State Uniform
Fire Prevention and Building Code as well as all other applicable
regulations. The Building Inspector shall inspect the premises and
shall report on the condition of "structures" on the premises to the
Planning Board. No permit shall be granted until all outstanding
violations of the Building Code and Zoning Law are corrected. All
conditions of the special permit must be complied with and shall be
subject to inspection by the Building Inspector.
440.4.2.6 Parking. Off-street parking shall be provided in accordance with the
standards and requirements of ~ 470. The location of such "parking
spaces" and driveways &hall be reviewed by the Planning Board to
ensure compatibility with the "use" of the "lot" and adjacent
properties.
440.4.2.7 Other Conditions. In making its determination on the special
permit, the Planning Board shall also give consideration to the
character of the existing and future "uses" in the immediate vicinity
of the proposed "accessory apartment", including the exterior
appearance of "one-family dwellings", the number of other "accessory
apartments" existing in the neighborhood in relation to "one-family
dwellings", the amount of traffic, and the parking conditions in the
neighborhood. The "principal building" in which the "accessory
apartment" is proposed must continue to appear to be a "one-family
dwelling".
440.4.3 Modifiable Requirements.
The Planning Board shall have the power to modify the following requirements,
provided that said Board finds that such modifications are consistent with the
legislative intent of this section as set forth in ~ 440.4.1 above and the purposes
of this Zoning Law.
440.4.3.1 Age of "Structure". The "building" in which the "accessory
apartment" is constructed :&a.:~~:m1:~i.a.mla:iji~::lItiti shall be at least
five (5) years old. In no.....case.....shaIf..tl1e.....mhiimum age [of tae
strueft1re] be reduced to less than three (3) years, except where such
apartment would be on a "lot" at least twice the minimum "lot area"
for the district in which it is located.
440.4.3.2 Occupancy. The minimum "gross floor area" for an "accessory
apartment" shall be three hundred (300) square feet but in no case
shall it exceed thirty-five percent (35%) of the "gross floor area" of
the "building" in which it is located.
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Draft Revisions 12/11/97
TOWN OF WAPPINGER. ZONING LAW
AR.TICLE IV . REGULATIONS
SECIlON 440 - SPECIAL SfANDARDS
renewal of the special permit in
accordance with ~ 440.4.4.1.2 of the
Town of Wappinger Zoning Law.
440.4.4.2.2.2 The new owner of the premises shall
have to apply to the Planning Board for
a renewal of the special permit to
continue the "accessory apartment".
440.4.4.2.2.3 The Building Inspector shall have the
right to inspect the premises upon
reasonable notice to the owner.
440.4.4.3 Public Hearing Notification. The subject property is to be posted
for a period of not less than ten (10) days immediately preceding
the public hearing or an adjourned date thereof. Subject to rebuttal,
the filing by the applicant reciting the facts of such posting shall be
deemed sufficient proof of compliance herewith.
The posting of signs on subject property shall be made in the
following manner:
A The applicant shall erect on the affected property a sign
which must be obtained from the building inspector's office
which shall be prominently displayed on the premises facing
each public street, maximum spacing of two hundred (200)
feet on center, on which the affected property abuts, set back
not more than ten (10) feet from the property line, and shall
not be less than two (2) feet nor more than six (6) feet above
the grade of the property line, giving conspicuous notice that
the application for special permit for temporary two-family
dwelling is pending and the date, time and place when the
public hearing will be held.
B. An affidavit of posting of the public notice together with a
copy to be filed not later than forty-eight (48) hours prior to
the public hearing on the petition, stating that identical
posters, not more than two hundred (200) feet apart, have
been conspicuously posted along the street frontage at least
ten (10) days prior to the date set for the public hearing.
440.5 fProressional omc~ and :_Iiit Studi~t "Uses" in a Residence
wappzn97\440-B.DKW
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Draft Revisions 12/11/97
TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SECTION 450 - SITE PLAN APPROVAL
450.2.2 Site Development Plan Information.
__~ll.I";.1I1~4VljJII. fourteen (14) copies
of the applicant's proposed site development plan drawn at as large a scale as is
convenient, practical and reasonably possible, showing the following items of
information:
450.2.2.1 The name and address of the owner of record of the property,
authorization by the owner if different from applicant, and the name,
address and professional seal of the individual preparing the site
plan.
450.2.2.2 The names of all owners of record of adjacent properties including
disclosure of ownership interests in the adjacent property(ies) or
businesses thereon by the applicant or property owner.
450.2.2.3 The accurate locations of the boundaries of the applicant's property,
and any existing "lot lines", "streets", easements or other reservations
located within it.
450.2.2.4 The locations of all existing ''buildings'', "structures", wells, septic
systems and other man-made features of the site, as well as those on
adjacent properties within two-hundred (200) feet of the property
boundary, including existing utility lines.
450.2.2.5 The proposed location, "use" and design of all "buildings" and
"structures" .
450.2.2.6 Floor plans and a tabular analysis of the proposed "use" of all floor
space clearly indicating the proposed type of "use" by ''building'' and
by floor level, and the proposed division of "buildings" into units of
separate occupancy.
450.2.2.7 The location, width, finished grades and design of all driveways,
parking and loading areas, including improvements to adjoining
"streets" designed to facilitate the safe and convenient flow of traffic
to and from the site.
450.2.2.8 The location and design of the proposed water supply, sewage
disposal and storm water drainage systems, including the relationships
of these to related off-site facilities, services and systems, along with
an analysis of the impact of the proposed site's development upon
them.
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Draft Regulations 12/11/97
TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SECI10N 450 - SITE PLAN APPROVAL
450.5 Public Hearing for Site Development Plan Review
A public hearing shall be scheduled within sixty-two (62) days of receipt of a complete site
development plan application. Public notice of such hearingfs:] shall be published in a
newspaper designated by the Town at least five:f.I~ days before the scheduled meeting date.
Additionally, all abutting and adjacent (across the "street" or road) property owners shall be
450.6 Waiver and Modification of Requirements
Upon findings by the Planning Board that, due to special conditions peculiar to a site or
application, certain of the procedures or information normally required as part of the site
development plan review are inappropriate or unnecessary or that strict compliance with
said requirements may cause unnecessary hardships, the Board may modify or waive such
requirement as identified below, provided that such modification or waiver will not have
detrimental effects on the public health, safety or general welfare or have the effect of
nullifying the intent and purpose of the site development plan submission or the Zoning
Law.
450.6.1 Modifications of required time periods. Such modification of procedure may
include the reduction in the period of time for application submission prior to a
Planning Board meeting and the extension of review periods and the length of the
validity of a Board approval or approval with modification, by mutual consent of
the Board and the applicant.
450.6.2 Waiver of public hearing. The Planning Board may waive the public hearing
requirement where an amendment of an approved site development plan has been
determined to be substantively unchanged from the previously approved site
development plan.
450.6.3 Modification of plan requirements. Such modification of plan information
requirements may include the elimination of certain information or the inclusion
of additional information as deemed appropriate by the Planning Board.
wappzn97\450-B.DOC
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Draft Regulations 12/11/97
TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SECTION 470 - PARKING & LOADING
parking structures, shall consist of raised landscaped islands, as
follows, except that the Planning Board may waive or modify the
requirement for good cause and in the interest of good design where
there are less than fifty (50) "parking spaces":
470.3.3.2.1 Raised landscaped islands shall be located at the ends
of each parking bay which contains ten (10) or more
spaces, separating adjacent rows of "parking spaces" at
least every second parking bay, and elsewhere as
determined appropriate by the Planning Board to
properly guide vehicle movement, to provide for plant
growth and vehicle overhang, to provide for pedestrian
circulation and to otherwise help assure proper traffic
circulation, pedestrian safety and aesthetics. Such
raised landscaped islands and the plantings within them
shall be designed and arranged so as to provide vertical
definition to major traffic circulation aisles, entrances
and exits; to safely channel internal traffic flow; to
prevent indiscriminate diagonal movement of vehicles;
and to provide cooling shade and relief from the visual
impact, monotony and heat of large expanses of paved
areas.
470.3.3.2.2 Unless modified by the Planning Board, the minimum
width of landscaped islands shall be six (6) feet where
located at the ends of parking bays and eight (8) feet
where separating opposing rows of "parking spaces" or
adjacent to circulation aisles. All corners shall be
rounded with a curb radius of not less than three (3)
feet unless otherwise required by the Planning Board.
470.3.3.2.3 The landscaping of off-street parking areas shall
include at least one (1) shade tree of not less than
[{mu (4)] :.i~:~I(I) inches caliper for each six (6)
"parking spaces". Main traffic circulation aisles shall be
emphasized with such shade trees. Other landscaped
islands may be planted with flowering trees and/or
other plantings, as appropriate. This is in addition to
groundcover, shrubs and hedges which are to be
provided where appropriate to serve their intended
function while not interfering with safe sight distance
for pedestrians and vehicles.
470.3.3.2.4 The Planning Board may also permit non-landscaped
islands, if appropriate for purposes such as pedestrian
151
Draft Revisions 12/11/97
TOWN OF WAPPINGER ZONING LAW
ARTICLE IV - REGULATIONS
SEcnON 470 - PARKING &; LOADING
in excess of three percent (3%) within fifty (50) feet of the center
line of the travelled-way of the "street", or within twenty-five (25) feet
of the property line of the "street", whichever distance is greater. The
Planning Board may require increased platform areas of this type in
situations where, because of the nature of the proposed "use",
substantial traffic volumes are anticipated.
470.7.3 Driveway Alignment and Location.
Any driveway entering onto a "street" shall be located and aligned in such a way
as to create the minimum possible traffic hazard. The platform portion of the
driveway, as required by ~ 470.7.2 above, shall be aligned at approximately right
angles at the "street". Access to all off-street parking and loading facilities serving
multi-family and nonresidence "uses" shall be not less than twenty (20) feet in
width and shall be connected to the "street" with a radius return at each comer of
not less than fifteen (15) feet.
470.7.4 Sight Distance.
Clear visibility shall be provided in both directions at all exit points so that the
driver of an automobile stopped on the platform portion of any new driveway will
have an unobstructed view of the highway for a reasonable distance
(commensurate with the speed and volume of traffic on such highway), and so that
the driver of an automobile travelling on the highway shall have a similar view of
the automobile in the driveway.
470.7.5 Emergency Vehicle Access.
Driveways and access roads shall be so designed as to provide Fire Department
apparatus access to within a distance of ~ iB!!jjji{i,g) feet or less of the
"structure" it may be called upon to protect and diheydS'iiall meet the following
requirements:
470.7.5.1 They shall have a minimum width of 10 feet.
470.7.5.2 They shall have and maintain a minimum overhead clearance of 12
feet.
470.7.5.3 They shall be of sufficient base as to support a 30 ton apparatus.
470.7.5.4 No turn shall be of such a degree as to prevent access of Fire
Department apparatus.
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Draft Revisions 12/11/97
TOWN OF WAPPINGER ZONING LAW ARTICLE V - ENFORCEMENT &: ADMINISl'RATION
SECIlON SOO - ENFORCEMENT
ARTICLE V . ENFORCEMENT AND ADMINISTRATION
Section SOO . Enforcement
500.1 General Provisions
No board, agency, officer or employee of the Town shall issue, grant or approve any permit,
license, certificate, or other authorization, including adjustments by the Board of Appeals,
for any construction, reconstruction, "alteration", enlargement, or moving of any "building",
or for any "use" of land or "building" that would not be in full compliance with the provisions
of this Zoning Law. Any such permit, license, certificate, or other authorization, issued,
granted or approved in violation of the provisions of this Zoning Law, shall be null and
void and of no effect, without the necessity of any proceeding or revocation or nullification
thereof.
500.2 Enforcement Agents
This Zoning Law shall be enforced by the Zoning Administrator, the Building Inspector,
and any other person designated by the Town Board.
500.3 Violations and Penalties
500.3.1 A violation of this Zoning Law is hereby declared to be an offense, punishable
by a fine not exceeding three hundred and fifty dollars ($350) or imprisonment for
a period not to exceed :.!i:::I:I.I:~;.Y~ [six (6) fBeBths], or both, for conviction
of a first offense; for conviction of a second offense, both of which were
committed within a five year period, punishable by a fine not less than three
hundred fifty dollars ($350) nor more than seven hundred dollars ($700) or
imprisonment for a period not to exceed :i.iEi:::::fillj;:::pgi i six (6) momas], or
both; and upon conviction of a third or subsequentdoffense all of which were
committed within a five year period, punishable by a fine not less than seven
hundred dollars ($700) nor more than one thousand dollars ($1,000) or
imprisonment for a period not to exceed fi!liil:::::fll:IDR (six (8) mOBths], or
both.
500.3.2 Each week's continued violation shall constitute a separate additional violation.
500.3.3 Violations of the Zoning Law shall be deemed misdemeanors only for the
purpose of conferring jurisdiction upon courts and judicial officers.
500.3.4 Any person, including any firm, corporation or other entity, owner, builder,
architect, engineer, tenant, contractor, subcontractor, construction superintendent,
agent or other person who shall violate any provision of this Zoning Law, or who
shall violate any other regulation made under authority conferred thereby, or who
shall assist therein, shall be guilty of an offense as set forth in ~ 268 of the Town
164
Revised 12/11/97
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SECTION 420.1 SCHEDULE OF USE REGULATIONS - RESIDENTIAL DISTRICTS (Cont'd.)
DISTRICTS
R-80
R-40/80
R-40
R-20/40
R-20
R-15 RMF-3
USES R-10 R-2F RMF-5
24. The keeping of horses and/or farm animals, properly restrained, for the .use. of residents and their guests, provided: PA
a. Not less than two (2) acres of 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.
c. No storage of manure shall be within one hundred and fifty (150) feet of a .street., property line, watercourse,'or
.wetlands. area.
25. .Private kennel., on a .Iot. of at least two (2) acres. PA
26. Bee keeping (~410.17). SPU
RECREATION
27. .Private, community or fraternal recreation clubs. (~440.13), subject to Town Board approval. SPU SPU SPU
28. Conventional golf courses, .pitch and putt. (par 3) golf courses and driving ranges, subject to Town Board approval. SPU SPU SPU
29. Municipal parks and playgrounds typically including facilities such as tennis, basketball and paddle tennis courts, SPU SPU SPU
baseball and soccer fields, and swimming pools, subject to Town Board approval.
30. Private .camps. for seasonal residents (~ 440.14). SPU
31. .Swimming pools. or other accessory recreational facilities for the .use. of the residents of the premises and their PA PA PA
guests (~ 410.4.5).
HOME BUSINESSES
32. .Bed and breakfast establishments. (~ 440.24). SPU
33. ~Professional office~ .uses. in a residence (~ 440.5). SPU
66 Key: PP - Permitted Principal Use; PA - Permitted Accessory Use; SPU - Special Permit Use.
SECTION 420.1 SCHEDULE OF USE REGULATIONS - RESIDENTIAL DISTRICTS (Cont'd.)
DISTRICTS
R-SO
R-40/S0
R-40
R-20/40
R-20
R-1 5 RMF-3
USES R-10 R-2F RMF-5
34. mrm~~ studio. .uses. in a residence (9 440.5). SPU
35. PA
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..........igm.9m@I:9rp.j~r.;:ijrwnw.":MV'-:.~::~pl9Y@@(m!iJ':.ij!:~9lIl.ir};...........................................................................................................
UTILITIES
36. Sewage treatment plants or water supply facilities which are not part of a project approval, subject to Town Board SPU SPU SPU
approval.
37. Public utilities, including underground transmission and distribution lines serving the local area only which are not part SPU SPU SPU
of a project approval, subject to Town Board approval.
STORAGE
38. Outdoor storage of one (1) auto trailer, or one (1) unoccupied recreational vehicle, or one (1) boat, or one (1) other PA SPU SPU
single vehicle owned by the residents of the premises provided such trailer, boat, or other single vehicle is effectively
screened from adjoining properties. Such storage area shall comply with all minimum yard setback requirements for
.buildings., but in no case shall it be permitted in the .front yard..
39. Outdoor storage of more than one (1 ) auto trailer, unoccupied .mobile home trailer", boat, or other vehicle owned by SPU
the residents of the premises, provided such trailers, boats, or other vehicles are effectively screened from adjoining
properties. Such storage area shall comply with all minimum .yard. setback requirements for "buildings., but in no
case shall they be permitted in the .front yard..
ACCESSORY STRUCTURES
40. Garden houses, pool houses, play houses or .greenhouses" incidental to the residential "use. of the premises not PA PA PA
operated for profit, provided that any such .structure" complies with all .yard" and setback requirements for "buildings"
but in no case shall they be permitted in the "front yard".
67
Key: PP - Permitted Principal Use; PA - Permitted Accessory Use; SPU - Special Permit Use.
wappzn97\410\ 1.tab
'.
SECTION 420.2 SCHEDULE OF USE REGULATIONS - NON-RESIDENTIAL DISTRICTS (Com'd.)
DISTRICTS
USES HB MU HM NB GB CC SC HO HD COP AI PI PUD'
43. Transponation terminals on a minimum 'lot' of 2 acres. PP PP
44. Y!t!!cle (h,rtIlA'lllbilsj rental service and storage businesses. PP
RESIDENTIAL -
45. 'Hotels and 'motels' (~ 440.20) SPU SPU SPU SPU SPU SPU SPU
46. 'Bed and breakfast establishments' (~ 440.24). PP PP PP PP PP PP PP PP PP
47. 'Home occupations' . PA
48. Temporary housing unit (such as Elderly Cottage Housing Opponunity) SPU
incidental to the permitted principal 'use' (~ 440.11).
49. Conversion of cenain existing large residential 'structures' to two-family or PP PP SPU SPU SPU
'multi-family dwellings' (~440.7).
50. 'One-family dwellings' not to exceed one (1) 'dwelling' on each 'lot'. PP
51. The renting of rooms to not more than two (2) persons who are not PA
members of the resident "family'.
52. 'Accessory apanments' (~ 440.4). SPU
MIXED USES
53. Grouping of attached or detached 'structures', containing a mix of PP PP SPU SPU SPU SPU
residential 'dwelling units' and one (1) or more of the following commercial
'uses': Retail sales, personal or business service establishments,
professional or business offices and banks.
UTIUTIES
54. Sewage treatment plants or water supply facilities which are not pan of a SPU SPU SPU SPU SPU SPU SPU SPU SPU SPU SPU SPU
project approval, subject to Town Board approval.
55. Public utilities, including underground transmission and distribution lines, SPU SPU SPU SPU SPU SPU SPU SPU SPU SPU SPU SPU
serving the local area only which are not pan of a project approval,
subject to Town Board approval.
73
Key: PP - Permitted Principal Use: PA - Permitted Accessory Use: SPU - Special Permit Use.
~1\42l>2"'"
S 420.3 SCHEDULE OF DIMENSIONAL REGULATIONS - RESIDENTIAL DISTRICTS
DISTRICT ReO R4O/8O 1 FMO R20/40 1 H2O R15 R10 R-2f RMF-3 RMF~
Minimum .LotArea. (square feet, unless noted) 80,000 - 40,000 - 20,000 15,000 10,000 15,000 - -
. with public water & sewer - 40,000 - 20,000 - - - - I::. ~Ujj
~ ~
. with pubHc water or sewer - 60,000 - 30,000 - - - - 15 ac. 10 ac.
. without public water & sewer - 80,000 - 40,000 - - - - 15 ac. 10 ac.
Minimum "Lot Width" (feet) 200 - 1 125 - 1 100 85 80 85 100 100
Minimum "Lot Depth" (feet) 200 - 1 125 1 125 100 80 100 150 150
-
Minimum "Lot" "Frontage" (feet) 50 50 50 50 50 50 50 50 50 50
Maximum "Density Units" Per Acre - - - - - - - - 3 5
Minimum "Front Yard" (feet) from:
. County/State highway 75 75 75 75 75 75 75 75 75 75
. center1ine of other "street" 75 75 75 75 60 60 50 60 75 75
. "front lot Une" of other "street" 50 50 50 50 35 35 25 35 50 50
MInimum "Side Yard" (feet) 40 40 25 25 20 15 12 15 50 25
. "accessory building" <15' high and <200 sf 10 10 10 10 10 5 5 5 10 10
Minimum "Rear Yard" (feet) 50 50 50 50 40 30 25 30 50 50
. "accessory building" <15' high and <200 sf 10 10 10 10 10 5 5 5 10 10
Maximum "Building Height" ("stories"/feet) 2.5/35 2.5/35 2.5/35 2.5/35 2.5/35 2.5/35 2.5/35 2.5/35 3/35 3/35
Maximum " Lot Coverage" (percent) 10 10 12 12 15 20 25 20 30 45
Maximum "Floor Area Ratio" 0.1 0.1 0.12 0.12 0.15 0.2 0.25 0.3 0.3 0.45
lThe purpose of these districts is to allow the development at a higher density when pubUc (or common) sewer and/or water supply Is used. The following "lot widths" and
yard requirements are required:
Minimum "Lot~" Mnroom "LotWiclh" Minimum .LotDepth" Miniroom .Front Yard. Miniroom .Side Yard. MinInIm .R.... Yard"
(square feel) (feet) (feet) (feet) (feet) (feet)
80,000 200 200 50 40 50
60,000 150 150 50 30 50
40,000 125 125 50 25 50
30,000 115 125 40 20 45
20,000 100 125 35 20 40
76
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