LL #05-1991NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231
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Local Law No . ................................................ of the year 19 .91.
A local lair Amending Section 428 of the Zoning Law of the Town of Wappinger
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(Insert Title)
entitled "ARCHITECTURAL AND HISTORIC DISTRICT ADVISORY BOARD".
Beit enacted by the ....... Town ...Boar .......................................... ..........................................................................of .the
(Name of Legislative Body)
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of ...KU2 nger.......
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(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
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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.
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(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
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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
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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
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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.