LL# 10-2007NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
❑ County
❑ City of Wappinger
0 Town
❑ Village
Local Law No.
10
of the year 20 07
A local law entitled "Local Law #10 of 2007, Amending the Town Code Based Upon Site Planning
(Insert Title)
Roundtable Discussions"
Be it enacted by the Town Board of the
(Name of LegislaffiveBody)
❑ County
❑ City of Wappinger
O Town
❑ Village
(TEXT COMMENCES ON NEXT PAGE)
as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 05/05) Page 1 of 3
LOCAL LAW # 10 OF THE YEAR 2007
A Local Law entitled "Local Law # 10 of 2007, Amending the Code of the Town of
Wappinger Based Upon Site Planning Roundtable Discussions."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1. Title
This Local Law shall be known and cited as "Local Law #10 of 2007, Amending the
Code of the Town of Wappinger Based Upon Site Planning Roundtable Discussions."
Section 2. Legislative Intent
The intent of the proposed Local Law is to amend and improve the Town Code in a
variety of areas based upon the Site Planning Roundtable Discussions held by the Town
in association with the New York State Department of Environmental Conservation's
Hudson River Estuary Program and the Dutchess County Environmental Management
Council.
Section 3. Amendments to Chanter 137, Freshwater Wetland, Waterbody and
Watercourse Protection
1. A new definition shall be added to Section 137-5 and shall read as follows:
CLEAR -CUTTING — The removal of more than ten (10) trees with a diameter at breast
height (DBH) of six (6) inches or greater on a given lot within any twelve (12) month
period.
2. New Sections 137-10.B(6) through (9) shall be added and shall read as
follows:
OA
(6) The permit shall require that a conservation easement which meets the satisfaction
of the approval authority is placed on all wetland and wetland buffer areas to be
preserved and protected, in accordance with the provisions of paragraph A above.
(7) The permit shall require that all wetland and wetland buffer areas to be protected
during construction shall be fenced as deemed appropriate by the Planning Board.
Such fencing shall also apply, as deemed appropriate by the Planning Board, to
disturbance and clearing limit lines.
(8) The permit shall require that all wetlands and wetland buffer areas to be
permanently protected shall be physically demarcated in the field as deemed
appropriate by the Planning Board.
(9) If deemed appropriate by the Planning Board, the permit may specify how the
wetland buffer areas are to be managed. Further, depending upon the quality of
the wetland and/or its functions, the permit may require that the buffer areas be
managed in accordance with the three -zone riparian buffer system developed by
the USDA Forest Service.'
Section 4. Amendments to Chapter 214, Streets and Sidewalks
1. Sections 214-46.0 shall be amended to read as follows:
C. Suburban type highways. (This classification is intended to cover the majority of
subdivision highways.)
(1) The proposed highway shall not be or be reasonably expected to become a
through, commercial or industrial highway.
' http://www.na.fs.fed.us/spfo/pubs/n_resource/buffer/cover.htm
3
(2) The proposed highway shall be a dead end, loop or other minor highway
within a development.
(3) The proposed highway is not or cannot reasonably be expected to become
a continuation or extension of a highway of one of the two above-described
classifications. Should such be the case, the proposed highway shall take
the classification of the highway of which it is a continuation or extension.
(4) The proposed highway does not or cannot reasonably be expected to carry
a substantial volume of traffic.
2. A new Section 214-46.1) shall be added which shall read as follows:
D. Rural streets.
(1) The proposed street shall be a dead end, loop or other minor street within a
development.
(2) The proposed street will not carry a substantial volume of traffic.
(3) The driveways on the proposed street are long enough to accommodate
enough off-street parking so that parking on the street is not reasonably
expected to occur.
(4) The proposed street will not have significant vertical or horizontal curves.
3. Section 214-47.B shall be revised to read as follows:
B. Figures 2, 3, 4 and 4a show cross sections of each of the four classifications of
subdivision highways/streets. These give the required design, dimensions and
construction details which are applicable to a particular classification.
4. Section 214-72.0 shall be amended to read as follows:
M
C. For storm drainage being enclosed in drainage pipes, all easements therefor shall
contain a provision providing for the right to install underground pipes and to
discharge stormwater therein. In this case, the developer shall also install in said
easements pipe of a size sufficient to provide for present and future runoff.
Alternately, where density, topography, soils, slopes and/or other conditions
permit, the approval authority may allow the use of vegetative swales in lieu of
drainage pipes. In such case, appropriate easements shall be provided for the
vegetative swales.
5. Section 214-74 shall be amended to read as follows:
§ 214-74. Culs-de-sac.
Wherever a temporary or permanent dead end is allowed on a subdivision street, a
turnaround shall be constructed. This turnaround shall take the form of a circle as
required by the Town Planning Board and shall be constructed as shown in Figures 15
and 16. The temporary type of construction shall be used only when authorized by the
Town Planning Board because of the foreseeable future extension of the street. The
circular -shaped turnaround shall be completely paved with no center island.
Notwithstanding the above, in cases where the driveways on the cul-de-sac are long
enough to accommodate enough off-street parking so that parking on the cul-de-sac is not
reasonably expected to occur, the Planning Board may permit the construction of a
landscaped island in the center of the cul-de-sac as shown in Figure 15a.
6. Figures 1, 4, 8 and 12 at the end of Chapter 214 shall be replaced by Figures
1, 4, 8 and 12 located at the end of this Local Law.
7. The new Figures 4a, 8a and 15a located at the end of this Local Law shall be
added to the end of Chapter 114.
Section 5. Amendments to Chapter 217, Subdivision of Land
5
1. Section 217-22.A shall be amended to read as follows:
A. Location, width and improvement. Streets shall be suitably located, of sufficient
width and adequately improved to accommodate the expected traffic and to afford
satisfactory access to police, fire -fighting, snow removal and other utility and road
maintenance equipment, and shall be coordinated so as to compose a safe,
efficient and convenient system. The location, arrangement and design of streets
shall be such as to cause no undue hardship to adjoining properties.
2. Section 217-22.H shall be amended to read as follows:
H. Design standards for new streets. All streets shall be designed in accordance with
the Town of Wappinger Street Specifications, Town of Wappinger Code, Chapter 214,
Article V.
3. Section 217-23.B(1) shall be amended to read as follows:
(1) The subdivider may be required by the Planning Board to carry away by
appropriate means any spring or surface water that may exist either previous to or
as a result of the subdivision. Such drainage facilities shall be located in the street
right-of-way where feasible or in perpetual unobstructed easements of appropriate
width and shall be in accordance with the Town of Wappinger Highway
Specifications.
4. Section 217-23.1)(6) shall be revised to read as follows:
(6) Street trees. The Planning Board may require the planting of street trees. Such
trees shall be of a hardwood variety indigenous to the neighborhood, shall not
include invasive species, and shall be at least four inches in caliper at a planted
R,
height of 10 inches above ground level. Where they are required by the Planning
Board, such trees shall be planted along both sides of the street, outside of the
street right-of-way and spaced approximately 75 feet on center.
Section 6. Amendments to Chapter 240, Zoning
1. Section 240-96.C(2)(a) shall be amended to read as follows:
(a) Landscaped islands shall be located at the ends of each parking bay which
contains 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 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; to provide cooling shade and relief from the visual impact,
monotony and heat of large expanses of paved areas; and, where appropriate, to
accommodate stormwater management practices such as bio -retention area,
swales and sand filters.
2. A new Section 240-96.C(5) shall be added and shall read as follows:
(5) Species. New planting shall be comprised of appropriate native species and shall
not incorporate invasive species.
3. The first paragraph of Section 240-97 shall be labeled Paragraph A and shall
be amended to read as follows:
7
§ 240-97. Schedule of off-street parking requirements.
A. Except where otherwise modified by other provisions of this chapter, off-street
parking spaces shall be provided as follows. Off-street parking spaces in excess of
the minimum numbers specified below shall not be permitted. Reasonable and
appropriate off-street parking requirements for structures and land uses which do
not fall within the categories listed below or within the special standards of Article
VIII shall be determined by the Planning Board. The Planning Board shall
consider all factors entering into the parking needs of each such use or reuse of
land or buildings and may, in the course of site plan or special permit review,
reduce or increase the parking and loading requirements for such uses in an
amount which it considers appropriate and in the best interest of the Town. In all
cases, the Planning Board shall require appropriate safeguards for the provision of
the required parking and loading facilities for uses for which standards exist.
4. A new Section 240-97.B shall be added and shall read as follows:
B. Notwithstanding paragraph A above, the Planning Board, at its sole discretion,
may reduce the cumulative parking requirement in a mixed use development,
where it has been demonstrated to the Board that the peak parking requirements of
the subject occupancies occur at different times (either daily or seasonally). In
order to demonstrate this, the applicant shall provide a study for such parking
reduction in accordance with the Urban Land Institute Shared Parking Report, the
Institute of Transportation Engineers Shared Parking Guidelines, or other
approved procedures.
Section 7. Numbering for Codification
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions
of this Local Law shall be included in the Code of the Town of Wappinger; that the
sections and sub -sections of this Local Law may be re -numbered or re -lettered to
accomplish such intention; the Codifier shall make no substantive changes to this Local
Law; the word "Local Law" shall be changed to "Chapter," "Section" or other
appropriate word as required for codification; and any such rearranging of the numbering
and editing shall not effect the validity of this Local Law or the provisions of the Code
effected thereby.
Section 8.
Except as specifically modified by the amendments contained herein, the Code of the
Town of Wappinger is otherwise to remain in full force and effect and is otherwise
ratified, readopted and confirmed.
Section 9. Separability
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable
to any person or circumstance, such illegality, invalidity or unconstitutionality, or
inapplicability shall not affect or impair any of the remaining provisions, clauses,
sentences, subsections, words or parts of this Local Law or their petition to other persons
or circumstances. It is hereby declared to be the legislative intent that this Local law
would have been adopted if such illegal, invalid or unconstitutional provision, clause,
sentence, subsection, word or part had not been included therein, and if such person or
circumstance to which the Local Law or part hereof is held inapplicable had been
specifically exempt there from.
Section 10. Effective Date
This Local Law shall take effect immediately upon adoption and filing with the Secretary
of State as provided by the Municipal Home Rule Law.
Attachments: Figures 1, 4, 4a, 8, 8a, 12 and 15a
0
SUMMARY OF HIGHWAY SPECIFICATIONS
* UNLESS WAIVED BY THE HIGHWAY SUPERINTENDENT, HOWEVER
ASPHALT CONCRETE BERMS WILL BE REQUIRED AS A MINIMUM FOR
THROUGH, COMMERCIAL AND SUBURBAN STREETS.
** AS REQUIRED BY THE TOWN ENGINEER OR HIGHWAY SUPERINTENDENT
PAGGI & MARTIN
FIGURE 1
THROUGH
COMMERCIAL
SUBURBAN
RURAL
R.O. W. WIDTH
50'
60'
50'
50'
CLEARING WIDTH
50'
60'
50'
50'
GRADING WIDTH
50'
60'
50'
50'
PAVEMENT WIDTH
30'
36'
24'
20'
STORM DRAINS
YES
YES
YES
YES
FOUNDATION
COURSE
12" THICK
12" THICK
12" THICK
12" THICK
INITIAL PAVEMENT
(ASPHALTIC CONC.)
4" BINDER
4" BINDER
3" BINDER
3" BINDER
WEARING SURFACE
(ASPHALTIC CONC.)
2" TOP
2" TOP
2" TOP
2" TOP
CURBS
6"ASPHALT
CONCRETE
6" ASPHALT
CONCRETE
6" ASPHALT
CONCRETE
NONE
GUIDE RAIL
**
**
**
**
MONUMENTS
YES
YES
YES
YES
STREET NAME SIGNS
YES
YES
YES
YES
TRAFFIC SIGNS
YES
YES
YES
YES
* UNLESS WAIVED BY THE HIGHWAY SUPERINTENDENT, HOWEVER
ASPHALT CONCRETE BERMS WILL BE REQUIRED AS A MINIMUM FOR
THROUGH, COMMERCIAL AND SUBURBAN STREETS.
** AS REQUIRED BY THE TOWN ENGINEER OR HIGHWAY SUPERINTENDENT
PAGGI & MARTIN
FIGURE 1
SUBURBAN STREET
SEE SHOULDER CURB or BERM
DETAIL
2" TOP COUF
50' R.O.W.
12' 6" 12-%'
CURB or BERM
I SEE SHOULDER
DETAIL
2" TOP COURSE \1
domff---_
l 'f•.
12 FOUNDATION • '
COURSE I
1
PAGGI & MARTIN
3" BINDER
12" FOUNDA11ON
COURSE
FIGURE 4
RURAL STREET
50' R.O.W.
15' 10' 10s.. 15'
' I
SEE SHOULDER 1 SEE SHOULDER
DETAIL
2" TOP COURSE I 2" TOP COURSE DETAIL
3' BINDER
+, 3' BINDER
::• !� r •..j4. � '..illi•' .t '• "� a
. �� ~raj ••t • •• � . •! + 4• � •.
12" FOUND,Ai I C` ' ' 12" FOUNQATION
COURSE I
COURSE
I
PAGGI & MARTIN
FIGURE 4a
SHOULDER
DETAIL.
2
EE CHART -W'
m
LOW POINT o
SEE CHART �
„A„
lW
•
..
W
Z •Y•
J
Z
I.c.l
�
OV
r 'f4 •
6" TOPSOIL — SEED,
b
a 4
Z
W
��
MULCH & FERTILIZE
. •'
a f
*SLOPE = t; 3 on 1 MIN
2 on 1 MAX
CURB or BERM
STREET to R.O.W.
LOW POINT
DISTANCE
A
l
THROUGH STREET WiCOMMERCIAL
S'
4"
11Y2'7#
STREET
5"
SUBURBAN STREET 12k'
8'
6"
PAGGI & MARTIN
FIGURE 8
FIGURE 8
SHOULDER
DETAIL
L- z
SEE CHART :
w
z
=,
ww
LOW POINT w n
v
—� SEE CHART
w
z_
„A„
Z-
o
.2 FT."
A, a • • a
Q
1
e'
6" TOPSOIL — SEED, ,'•
=4 4
MULCH & FERTILIZE
12" FOUNDATION
COURSE
*SLOPE = f: 3 on
1 MIN
2 on
1 MAX
EDGE OF PAVEMENT
STREET to R.O.W.
LOW POINT
DISTANCE
'A"
A
RURAL STREET 15'
8'
PAGGI & MARTIN
FIGURE 8a
6"
FIGURE 8a
INTERSECTION OF TWO
NEW STREETS
R.O.W. LINE
-VAR
i
WIDTH
NOTES:
1. MINIMUM SIGHT DISTANCE AT
INTERSECTIONS SHALL BE FROM FIGURE 9
OR AS APPROVED BY ENGINEER TO THE
TOWN AND HIGHWAY SUPERINTENDENT
2. (A) 50' R.O.W. - 25' RADIUS
60' R.O.W. - 30' RADIUS
(B) 20'
PAVEMENT -
35'
RADIUS
24'
PAVEMENT -
38'
RADIUS
30'
PAVEMENT -
35'
RADIUS
36'
PAVEMENT -
42'
RADIUS
DRIVEWAY -
15'
RADIUS
PAGGI & MARTIN
w
J
m
Q
Q
FIGURE 12
PERMANENT CUL—DE---SAC
WITH ISLAND
R.O.W. RADIUS
52.5 FEET
�OAO
1 SLAN D
o'
20 5'
35'
RADIUS
25' RADIUS/' 25' RADIUS
Li w
z z
� o �
Q
o
o o
DESIGN PER "AASHTO: A POLICY ON
GEOMETRIC DESIGN OF HIGHWAYS AND
STREETS"
CIRCULAR (C) OR CIRCULAR OFFSET
(D) LAYOUTS ARE ACCEPTABLE
SUBJECT TO APPROVAL BY THE TOWN.
PAGGI & MARTIN
FIGURE 15a
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 0 of 20 07 of
the (t M( (Town)) of Wappinger was duly passed by the
Town Board on July 19th 20 07 in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
(Name of Legislative Body)
(repassed after disapproval) by the
on 20 -and was (approved)(not approved)
(Elective Chief Executive Officer*)
on 20 in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
and was deemed duly adopted
of 20 of
was duly passed by the
on 20 and was (approved)( not approved)
(Elective Chief Executive Officer*)
on 20
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on
20 -in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of
was duly passed by the
(Name of Legislative Body) on 20 , and was (approved)(not approved)
(repassed after disapproval) by theon �0 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 - in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none,
the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS -239 (Rev. 05/05) Page 2 of 3
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, d was finally adopted in the manner indicated in
paragraph 1 , above.
Clerk of county 16gfMative body, City, Town or Village Clerk or
officer d ignated by local legislative body
(Seal) Date: � 07
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF DUTCHESS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been
had or taken for the enactment of the local law annexed hereto.
Signature
Albert P. Roberts, Attorney to the Town
Title
Wappinger
Town
yam
Date:
DOS -239 (Rev. 05/05) Page 3 of 3