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FREDERICK P. CLARK ASSOCIATES, INC.
PI an n i n g/Deve lop me n t/Envi ron ment(T ran s po rta t io n
Rye, New York and South port, Connecticut
Oavid J Portman, AICP
Howard I. Reynolds, I'E
Oavid H. Stolman, AiGP. PI'
350 Theodore Fremd Avenue
Rye, New York 10580
(914) 967-6540. FAX (914) 967-6615
Michael A Galante
Joanne P Meder, AlGI'
MEMORANDUM
To:
Constance O. Smith, Supervisor and the
Town of Wappinger Town Board
Date:
AprilS, 1999
Subject:
Outdoor Firing Ranges - Draft Zoning Amendments
As requested, attached for your review and consideration is a set of draft amendments to
the Zoning Law which would establish regulations for outdoor firing ranges.
We recommend circulating the draft amendments to the Planning Board for review and
comment.
I look forward to discussing these regulations with you.
Daniel K. Wery, AICP
Senior Associate/Planning
cc: Albert P. Roberts, Esq.
Joseph E. Paggi, Jr., PE
Elaine Snowden, Town Clerk
Attachment
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Connecticut · (203) 255-3100
email@fpclark.com
www.fpclark.com
Long Island · (516) 364-4544
(4/5/99 DISCUSSION DRAFT - #1)
OUTDOOR "FIRING RANGES"
Proposed Amendments
to the
Town of Wappinger Zoning Law
Section 2. Purpose: The purpose of this Local Law is to provide standards, a procedure
for public review, and to require a special use permit for the development of outdoor
"firing range" facilities so as to offer recreational "firearm" shooting opportunities and
training activities in a manner that will protect the health, safety, and welfare of the
property owners, residents, and other users of land in the vicinity of new "firing ranges".
Section 3. Exemptions: The terms of this Local Law shall not apply to indoor "firing
ranges", outdoor "firing ranges" developed and operating as of the effective date of this
Local Law, or to ranges used exclusively for archery or any range developed and
operating by virtue of a special use permit, provided there is no expansion or change that
results in additional firing positions or a lengthened daily period of operations.
Expansion shall also include any change increasing the length of the direct fire zone or
the area of the "shotfall zone" in order to accommodate the use of "firearms" not
identified in the then existing special use permit application. Modifications made for the
purpose of or resulting solely in maintenance or improvement of a facility, such as the
installation of sewer, water or other utilities, pavement of a parking lot, the installation of
"safety baffles", construction of side or "backstop" "berms", or the construction or
remodel of a clubhouse, shall not be considered an expansion. Expansion of an outdoor
"firing range" beyond that developed and operating as of the effective date of this Local
Law, or beyond the terms of a permit issued thereunder, shall require issuance of a new
special use permit and the entire facility shall be subject to the standards established by
this Local Law.
Section 4. Definitions: Section 220, Definitions, of the Town of Wappinger Zoning
Law would be amended to add the following defined terms:
. Backstop: A device constructed to stop or redirect bullets fired on a range.
. Berm: An embankment used for restricting bullets to a given area or as a dividing
wall between ranges.
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. Bullet Trap: A device designed to trap or capture the entire bullet and fragments as
opposed to redirecting the projectile into a water or sand pit.
. Firearm: A term used to describe any gun, usually small, from which a bullet is
propelled by means of hot gasses generated by burning powder (usually smokeless or
black powder).
. Firing Range: A facility designed for the purpose of providing a place on which to
discharge "firearms", and/or archery equipment.
. Safety Baffles: Vertical or sloping barriers which are placed either overhead, along
side, or at ground level designed to prevent a projectile from traveling into an
undesired area or direction, to contain bullets and to reduce, redirect, or suppress
sound waves, and to restrict or interrupt errant or off-the-target shots.
. Safety Fan: This term applies only to rifle and pistol "firing ranges". The "safety
fan" of a "firing range" consists of three parts - 1) the direct fire zone, 2) the safety
zone, and 3) the ricochet zone.
. 1) The direct fire zone is that area into which all shots are fired during the
normal course of shooting. This zone includes all directions and angles of
fire used on a "firing range" while shooting at a specific target, either
stationary or moving, from a specific firing point. The length of the direct
fire zone extends to the maximum range of the ammunition and "firearm"
used on the "firing range", but can be shortened by physical barriers or
other devices which reduce the maximum distance of a bullet's trajectory.
. 2) The safety zone extends ten degrees to the left and right of the direct fire
zone and protects against errant bullets caused by cross fire or accidental
discharge of a "firearm".
. 3) The ricochet zone is that area 45 degrees to the left and right of the firing
line, and extended a certain distance dependant on the type of "firearm" and
ammunition allowed on the range (i.e., 85 yards for air guns, and up to
1,200 yards for high-powered rifles). The line is then extended parallel to
each side of the safety zone downrange to the intersection of a line
extended from the terminus of the direct fire zone through the outer comer
of the safety zone.
. Sbotfall Zone: That area of a shotgun "firing range" where spent shotgun shot falls
to the earth and where activity and structures, other than trap or skeet houses or the
equivalent facilities for other types of shotgun events, and human occupancy, other
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than operators of the trap, skeet or equivalent facilities, is prohibited during active
shooting.
Section 5. The Town of Wappinger Zoning Law, Section 420.1 and 420.2, the
Schedule of Use Regulations - Residential and Non-Residential Districts, respectively,
shall be revised to add "Outdoor Firing Ranges" as uses requiring special permit
approval subject to the standards of Section 440.32.
Section 6. Development Standards: Section 440 of the Zoning Law would be
amended to add the following new section:
440.32
Outdoor Firing Ranges
440.32.1
The following standards shall apply to the development of proposed
outdoor "firing ranges" upon application for a special use permit. The
Planning Board may vary from these standards where the applicant has
demonstrated that the proposed facility includes alternative designs and
features, either natural or man-made, that will otherwise mitigate the
potential adverse impacts to the health, safety, and welfare of owners or
users of neighboring properties and the general public.
440.32.2
Range Design and Lot Area.
440.32.2.1 Pistol and rifle "firing ranges". The minimum lot area shall
be fifty (50) acres for Pistol and rifle "firing ranges". Pistol
and rifle "firing range" design shall include sufficient land
area under control of the applicant for a "safety fan" (direct
fire zone, safety zones and ricochet zones) to accommodate
the ballistics of the highest powered "firearms" and
ammunition to be used on the range.
440.32.2.2 The area between the firing point and target pit shall be
baffled overhead and either baffled or fenced on all sides in
order that a projectile fired from any position shall not escape
the range area.
440.32.2.3 "Backstops" shall be constructed of dirt and surfaced with not
less than 3 feet of debris-free dirt. The "backstop" shall be of
such height that a bullet fired from the lowest firing position
cannot escape between the last baffle and the "backstop".
440.32.2.4 Shotgun Ranges. The minimum lot area shall be twenty (20)
acres for shotgun ranges. Trap ranges shall have a "shotfall
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440.32.3
zone" on property under control of the applicant as
established by a line which extends fifty yards to the right and
fifty yards to the left of, and perpendicular to, the centerline
of the trap house. From each end of said line, boundary lines
having interior angles of 130 degrees shall extend down range
for 300 yards. Skeet ranges shall have "shotfall zones" on
property under control of the applicant which are a complete
semi-circle with its center point located at the center point of
the firing station and a radius of the semi-circle being 300
yards. "shotfall zones" for crazy quail, sporting clays or other
shotgun "firing ranges" shall be determined on a case-by-case
basis.
440.32.2.5 Modification by Planning Board. Such spatial requirements
may be reduced in consideration of natural topographic
features or man-made improvements, including but not
limited to "backstop" and side "berms" "bullet traps"
, "
ricochet catchers, and overhead or ground "safety baffles"
which will provide sufficient safety measures to protect
adjacent properties.
440.32.2.6 Range Orientation. All firing lines should be aimed at target
lines to the northeast, north, or northwest unless there is
sufficient standing timber or natural topographic features on
the property controlled by the range operator to mitigate the
effects of glare from the sun.
440.32.2.7 All "backstops" shall have sufficient depth of sand or other
similar soft earthen material that is free of rocks, stones and
other hard objects that may result in bullet ricochets. All
man-made "berms" shall be vegetated to reduce the potential
for erosion. A man-made, mechanical "backstop" may be
substituted upon approval of the Planning Board. All
"backstops" and "berms" shall be maintained to perform their
intended functions.
Security. The entire perimeter of all outdoor "firing range" "safety fans"
and "shotfall zones" shall be fenced and signed to reduce the potential for
trespass into the "safety fans" and "shotfall zones". Warning signs
identifying the range shall be posted around the perimeter of the parcel or
parcels on which the "firing range" is located such that each sign is visible
and legible from the next. The same signs shall be posted similarly on the
security fencing surrounding the "safety fan"(s).
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.
. .
440.32.4
440.32.5
440.32.6
440.32.7.
Parking. At a minimum, there shall be one and one-half parking places for
each shooting position.
Noise. The Applicants shall demonstrate conformance with the
requirements of Section 480, Performance Standards, of the Zoning Law.
Surface Water Protection. "Firing ranges" shall be developed such that
there are no streams, ponds, lakes, or other watercourses or wetlands
located between any firing line and target line or within any shotgun shot
fall zone.
Required Information. In addition to the general information required by
Section 430 and 450 of the Zoning Law, the following information is
required for a special use permit application for a outdoor "firing range":
440.32.7.1 The types of "firearms", ammunition, and shooting to be
allowed, such as trap, skeet, muzzle loader, high power rifle,
small bore rifle, pistol, action pistol, etc.
440.32.7.2 For rifle and pistol ranges, the "safety fan" and its component
parts with dimensions for all "firing ranges"; for shotgun
"firing ranges", the component parts and dimensions of the
"shotfall zones".
440.32.7.3 The location and dimensions of all firing lines and firing
positions.
440.32.7.4 The location and dimensions of all target lines and related
facilities.
440.32.7.5 The locations, dimensions, and slope of all "backstops" and
side "berms", whether natural or manmade; the volume,
material and source of all imported materials shall be noted.
440.32.7.6 The locations and dimensions of all "baffles"; horizontal
drawings of the "baffles" shall be included, and building
materials shall be identified.
440.32.7.7 For rifle and pistol ranges only, longitudinal cross sections of
that portion of each "firing range" from 10 feet behind each
firing line to 10 feet beyond the downrange terminus of each
direct fire zone, 10 feet beyond the back toe of each
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"backstop" if manmade, or if natural, 20 feet beyond the front
edge of the "backstop", as applicable; and latitudinal cross
sections, from 1 0 feet outside any side "berms" or the edge of
each "safety fan", of typical areas between each firing line
and "backstop" or downrange terminus of the direct fire zone.
440.32.7.8 A list of all property owners within 2,500 feet of the
perimeter of the property on which the outdoor "firing range"
is proposed for development. Notification of the public
hearings shall be given to all such property owners.
440.32.8
Special exception shall be granted for a period of three (3) years, subject to
renewal.
440.32.9
General standards.
440.32.9.1 The site or area used as a "firing range" or match shall be
fenced, posted every 50 feet or otherwise restricted so that
access to the site is controlled to insure the safety of patrons,
spectators and the public at large.
440.32.9.2 The minimum distance from any firing point measured in the
direction of fire to the nearest property line shall not be less
than 300 feet.
440.32.9.3 No firing point shall be located within 100 feet of an
adjoining property line.
440.32.10 Lead and Metals Management Plan. The Applicants shall prepare a lead
management plan which demonstrates conformance with all applicable
federal and state regulations with respect to lead. The plan shall provide for
the proper containment and reclamation of lead and other metals which may
cause harm to the environment.
440.32.11 On-site supervision shall be supplied at all times by an adult with
credentials as a qualified range master.
440.32.12 The operation of the range shall be limited to the hours of _:00 AM to
:00 PM.
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