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LL #05-1991NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 162 WASHINGTON AVENUE, 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. ¢�gtt}{4tX Townof .... Wa��in�er......................................................;................................. Max Local Law No . ................................................ of the year 19 .91. A local lair Amending Section 428 of the Zoning Law of the Town of Wappinger ...................................................................................................................................................... (Insert Title) entitled "ARCHITECTURAL AND HISTORIC DISTRICT ADVISORY BOARD". Beit enacted by the ....... Town ...Boar .......................................... ..........................................................................of .the (Name of Legislative Body) tL 41 OU �-X ' of ...KU2 nger....... Townwzw (TEXT COMMENCES ON NEXT PAGE) ............................... as follows: (If additional space is needed, attach ,pages the same size as this sheet, and number cacti.) (1) A LOCAL LAW AMENDING THE ZONING LAW OF THE TOWN OF WAPPINGER SECTION 1 Section 428 of the Town of Wappinger Zoning Law is hereby amended to read as follows: "SECTION 428 ARCHITECTURAL AND HISTORICAL DISTRICT ADVISORY POWERS 428.1 FINDINGS AND PURPOSE The Town Board finds that the economy and quality of life of the Town of Wappinger are affected by its visual environment. The general welfare of residents and of property owners as well as property values and the tax base, are enhanced by natural and man-made features and structures of visual and historical value. Excessive uniformity, dissimilarity, inappropriateness or poor quality of design in the exterior appearance of buildings erected. in any neighborhood adversely affects the desirability of'the immediate area and neighboring areas for residential and business purposes or other use and by so doing impairs the benefits of occupancy of existing property in such areas, impairs the stability and value of both improved and unimproved real property in such areas, prevents the most appropriate development of such areas, produces degeneration of property in such areas with attendant deterioration of conditions affecting the health, safety, comfort and general welfare of the inhabitants thereof, and destroys a proper relationship between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this Local Law to prevent these and other harmful effects of such exterior appearances of buildings erected in any neighborhood and thus to promote and protect the health, safety, comfort and general welfare of the community, to promote the public convenience and prosperity, conserve the value of buildings and natural and man- made features and encourage the most appropriate use and development of land within the Town. Accordingly, the Town Board of the Town of Wappinger hereby finds that it is in the best interests of the citizens of the Town of Wappinger and protective of their health, safety, economic and general welfare to authorize the Planning Board to have architectural and historic district advisory powers, as hereinafter set forth, in order to accomplish these purposes and insure proper protection and development of the visual environment of the Town of'Wappinger, and to otherwise confer upon the Town of Wappinger Planning Board the powers and authority previously conferred upon the Architectural and Historic District Advisory Board as originally authorized by Section 428 of the Zoning Law of the Town of Wappinger, adopted 1 on December 1, 1986. 428.2 ADVISORY FUNCTIONS OF PLANNING BOARD 428.21 Review Authority The Planning Board shall have the authority to recommend approval, approval with conditions, or disapproval of plans on the following matters: (a) National Register and Locally Designated Properties and Districts. Plans for construction alterations, additions or restoration, located in Federal, State or locally designated Historic districts or located on the same property as individual structures listed on the National Register of Historic Places, or determined to be eligible for listing on the National Register of Historic Places, or determined to be eligible for listing on the National Register of Historic Places by the State Office of Parks, Recreation and Historic Preservation, or locally designated by the Town of Wappinger as significant historic structures. (b) Site Development Plans. Site development plans before the Planning Board for review, relating to Industrial, Commercial, Office, Multi -Family, and Mobile Home Park development, and open space development. (c) Special Permit Uses. Applications for special permit uses in all districts. (d) Signs. Plans for construction or erection of signs. 428.22 Reports The Planning Board may, on its own initiative, issue reports recommending programs or legislation in the interest of w preserving or improving the visual environment. 428.3 PROCEDURES Whenever architectural or historic district advisory powers are invoked pursuant to this section, the Planning Board may request such additional information from the applicant as is necessary to enable the Planning Board to review the proposed project. Essential plans and information shall include, but not be limited to: 428.31 Applications (a) Planning Board File. 2 *4r (b) Building Department File_. Building Department files on the subject property and adjacent properties. (c) Plans and Elevations. Scale plans and elevations showing the nature of construction and the materials to be incorporated in the exterior of the project. (d) Site Plans. A site plan, at appropriate scale, showing information required by Section 450 of the Zoning Law. (e) Renderings. Three-dimensional sketch or rendering illustrating significant aspects of construction and exterior design, when deemed necessary and requested by the Planning Board and at a scale deemed appropriate by the Planning Board. (f) Preliminary Design and Meeting with Applicant. Applicants shall be encouraged to submit preliminary designs for Planning Board review and comment prior to final design submission. The applicant shall further be given the opportunity to discuss the proposed plans with the Planning Board at a special workshop meeting prior to submission of formal plans. (g) Site Visits. Insofar as is possible, whenever deemed necessary by the Chairman of the Planning Board, members of the Planning Board shall visit the site of proposed construction. 428. 4 STANDARDS .FOR REVIEW In conducting its review, the Planning Board shall evaluate the proposed architectural and landscaping plans in accordance with the following standards. 428.41 New structures should be constructed to a height visually compatible with the buildings and environment, with which they are visually related. 428.42 The gross volume of any new structure should be visually compatible with the buildings and environment with which they are visually related. 428.43 In the street elevation(s) of a building, the proportion between the width and height in the facade(s) should be visually compatible with the buildings and environment with which it is visually related. 428.44 The proportions and relationships between doors and windows in the street facade(s) should be visually compatible with the buildings and environment with which it is 3 visually related. 428.45 The rhythm of solids to voids, created by openings in the facade, should be visually compatible with the I%kw buildings and environment with which it is visually related. 428.46 The existing rhythm created by existing building masses and spaces between them should be preserved, insofar as practicable. 428.47 The materials used in the final facade(s) should be visually compatible with the buildings and environment with which it is visually related. 428.48 The texture inherent in the facade should be visually compatible with the buildings and environment with which it is visually related. 428.49 Colors and patterns used on the facade should be visually compatible with the buildings and environment with which it is visually related. 428.410 The design of the roof should be visually compatible with the buildings and environment with which it is visually related. 428.411 The landscape plan should be sensitive to the individual building, its occupants and their needs. Further, the landscape treatment should e visually compatible with the buildings and environment with which it is visually related. 428.412 All street facade(s) should blend with other buildings via directional expression. When adjacent buildings have a dominant horizontal or vertical expression, this expression should be carried over and reflected. 428.413 Architectural details should be incorporated %W as necessary to relate the new with the old and to preserve and enhance the inherent characteristics of the area. 428.414 The setback of the building(s) from the street or property line, and the other yard setbacks, should be visually compatible with the buildings and environment with which it is visually related. 428..415 Signs should be of a size, scale, style, materials and configuration and illumination that is visually compatible with the building to which it relates, and should further be visually compatible with the buildings and environment with which it is visually related. 428.5 VTMnTMnC 4 428.51 The Planning Board may make the following findings: Recommended This finding shall be indicative that the plan will not be detrimental to the visual environment, meets the standards required by the Town of Wappinger, and may proceed through the normal approvals process. 428.52 Recommended with Conditions This finding shall be indicative that the plan will meet the standards of the "Recommended" category with modifications or conditions. If the suggested modifications are made, the plan shall be deemed_ "Recommended". 428.53 Not Recommended This finding shall be indicative that the plan is found to be detrimental to the visual environment and beneath the standards of .design required by the Town of Wappinger and cannot be rendered acceptable by the imposition of conditions or modifications. The disapproved plan shall be returned to the referring agency accompanied by a written explanation of the reasons for the disapproval and'the basis for the finding that the plan cannot be rendered acceptable by the imposition of conditions or modifications. 428.6 REPORT OF FINDING Anytime the Architectural Review and Historic District Advisory Powers are invoked pursuant to this section, the Planning Board shall report its findings and recommendations to the applicant or to the referring party in writing, within thirty (30) days of the Planning Board's determination to invoke the powers being set forth herein or within thirty (30) days of a receipt of a referral. Copies of such reports are to be distributed by any referring party to any agency of the Town of Wappinger concerned with the project under review. 428. 7 SUBSTANTIAL CHANGE OF APPROVED PLANS Any substantial change in siting or in the exterior appearance of any approved project may be subject to review and reconsideration by the Planning Board at the discretion of the appropriate referring agency or the Planning Board. 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." ^T. ^Mlr^" 7 rI 1 2. The Architectural and Historic District Advisory Board heretofore created by the adoption of an amendment to the Zoning Ordinance of the Town of Wappinger on December 1, 1986 is hereby abolished and any authority heretofore conferred upon said Architectural and Historic District Advisory Board is hereby terminated. SECTION 3 3. 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 application 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 thereof is held inapplicable, had been specifically exempt therefrom. SECTION 4 4. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.