LL #01-1994Local
YORK STATE DEPARTMENT OF STATE
focal 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.
Ctx►1m
tzkxof ..... Va.PP.?:.nger.........................................................
Town
Local Law No.........#J....................................... of the year 19 9.4
Deal law .Am.extda,m ... LO...J....L.W...i`IP.►........of 1990......as,..Amended the Zoning Law of the
.....................................................
awn of (Insert Title) Wappinger by the Additions to, or Revisions & Amendments
_g. -certain '
gcertain, Articles and/or Sections of the Zoning Law.
Beit enacted by the ........................... TQC^ N ... $QARD.................................................................................. of the
(Name of Legislative Body)
&111P of.........WAP-P-ir1g.P'.:r..............................................................................................................as follows:
Town
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TEXT COMMENCES ON NEXT PAGE
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(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
Section 2. Article II of Local Law No. 5 of 1990 is hereby
amended to read as follows:
ARTICLE II. DEFINITIONS
§ 200 - INTRODUCTIONS
For the purposes of this Zoning Law only, certain words and terms
used herein are defined in this Article. Defined terms are printed
in quotation marks throughout this Zoning Law.
§ 201 - GENERAL CONSTRUCTION OF LANGUAGE
The following rules of construction apply to the language of this
Zoning Law.
201.1 The specific shall control the general.
201.2 All words used in the present tense include the future
tense.
201.3 All words in the singular number include the plural
number, and vice -versa, unless the natural construction
of the wording indicates otherwise.
201.4 Words used in the masculine gender include the feminine
and neuter, and vice -versa, unless the natural
construction of the wording indicates otherwise.
201.5 The word shall is mandatory; the word mav is permissive.
201.6 The word includes shall not limit a term to the specified
examples, but is intended to extend its meaning to all
other instances or circumstances of like kind or
character.
201.7 Unless the context clearly indicates the contrary, where
a regulation involves two or more items, conditions,
provisions, or events connected by the conjunction and,
or, or either... or, the conjunction shall be interpreted
as follows:
201.7.1 And indicates that all the connected items,
conditions, provisions, or events shall apply.
201.7.2 Or indicates that the connected items,
conditions, provisions, or events may apply
lsingly or in any combination.
201.7.3 Either... or indicates that the connected
items, conditions, provisions or events shall
apply singly but not in combination.
201.8 A "building" or "structure" includes any part thereof.
201.9 Each of"the words "lot", plot and tract of land shall
include the others.
201.10 The word premises shall include land and "buildings"
thereon.,
201.11 The words occupied and used shall be considered to be
followed by the words or intended arranged or designed
to be occupied or,used, unless the natural construction
of the wording indicates otherwise.
201.12 References made to officials and official Bodies shall
mean officials and official bodies of the Town of
Wappinger unless the natural construction of the wording
indicates otherwise.
201.13 The term Comprehensive Plan means the Town of Wappinger
Comprehensive Plan adopted by'the Town Planning Board.
201.14 Unless otherwise specified, all distances shall be
measured horizontally.
201.15 In case of any difference of meaning between the text of
this Zoning Law and any caption or illustration, the text
shall control.
201.16 The term Zoning Administrator means the person designated
by the Town Board to administer this Zoning Law.
201.17 Where terms are not defined, they shall have their
ordinarily accepted meanings or such as the context may
imply.
§ 202 - DEFINITIONS
Accessory Apartment: A "dwelling unit" which is incidental and
subordinate to and located within the same "building" as a
permitted "one -family dwelling".
Alter: To change, enlarge or rearrange the structural parts or the
entrance or exit facilities of a "structure", or to move a
"building" from one location or position to another.
Arts and Crafts Occupation: Any "use" involving the individual
creation, fabrication, storing or retail sale of items or articles
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considered to be of an artistic nature, including drama, music,
painting, pottery and sculpture studios.
Basement: A portion of a "building" which is partly underground,
but which has less than half of its clear height below the average
elevation of the adjoining ground. (See definition of "Cellar" for
comparison.)
Boarding House: A "dwelling" occupied by one (1) "family" with
three (3) or more boarders, roomers or lodgers in the same
household, who are lodged with or without meals, in which there are
provided such services as are incidental to its "use" as a
fir temporary residence for part of the occupants and for which
compensation is paid, either directly or indirectly. The term
"boarding house" shall include "rooming house", tourist house,
lodging house, bed and breakfast, but not foster home.
Building: An' -"structure" having a roof which is self-supporting
or supported by columns or similar supports or by walls, and which
is intended for the shelter, housing or enclosure of persons;
animals or property.
Building, Accessory: A "building" which is subordinate to the
"principal building" on the "lot" and used for purposes customarily
incidental to that of the "principal building". Where an
"accessory building" is attached to the "principal building" in a
substantial manner, as by a wall or roof, such "accessory building"
shall be considered part of the "principal building".
Building Area: The total area taken on a horizontal plane at the
main grade level of all "principal buildings" and all "accessory
buildings", exclusive of uncovered "porches", parapets, steps, and
"terraces".
Building Coverage: That percentage of the "lot area" covered by
the combined "building area" of all "buildings" or "structures" on
the "lot".
Building Height: The greatest vertical distance measured from a
point eight (8) horizontal feet from the exterior walls of the
"building" to the highest point of the roof if the roof is flat, or
to the mean level between the eaves and the highest point of the
roof if the roof is of any other type.
Building Length: The least horizontal distance between the
furthermost walls of a "building", measured along or parallel to
the axis of its greatest dimension.
Building, Principal: A "building" in which is conducted the main
or principal "use" of the "lot" on which said "building" is
situated. t
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Building Setback Line: A line indicating the minimum horizontal
distance permitted between the outside line of a "structure" or
"building" or any projection thereof in excess of three (3) feet
from the foundation and the "lot line" or "street line".
Camp: Any area of land, or of land and water, including any
"buildings", tents, shelters or other accommodations, which are
intended for temporary or seasonal living purposes, and any
"dwelling units" on such land which are occupied by the owner,
caretaker, or superintendent.
Camp, Day: Any "camp", as defined in this Zoning Law, offering
"day care" or instruction for adults or children.
Cellar: A portion of a "building" which is partly or wholly
underground, and which has half or more than half of its clear
height below the average elevation of the adjoining ground. (See
definition of"'Basement" for comparison).
Clinic: An establishment where patients are _admitted for
examination and treatment by one or more physicians, dentists,
psychiatrists or social workers, and where patients are not usually
lodged overnight.
Club: A voluntary organization, not conducted for gain, with the
facilities catering principally to members and to their guests for
recreational, athletic or social purposes.
Convalescent Home or Nursing Home: Any establishment where three
(3) or more persons suffering from or afflicted with, or
convalescing from, any infirmity, disease or ailment, are
habitually kept or boarded or housed for remuneration, other than
municipal or incorporated "hospitals" and establishments licensed
by the State Commissioner of Mental Hygiene, and other than
maternity homes licensed by the State Commissioner of Health.
Corner Lot: A "lot" situated at the junction of and fronting on
two (2) or more intersecting "streets" where the angle of the
"streets" is one hundred and thirty-five degrees (135° ) or less.
Day Care Center: A "structure", together with the necessary
surrounding lands, which contains a program providing care for
three ( 3 ) or more children away from their home for more than three
(3) hours per day, excluding those children receiving "Family Day
Care" as defined in this section. The term "Day Care Center" shall
not refer to: a "day camp"; an after school program operated for
the primary purpose of religious education; or a facility operated
by a "public school" district.
Decibel: A unit of measurement of intensity of sound (the sound
pressure level). 1
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Density Unit: A measure of residential,"use" equal to one (1), or
a proportionate combination adding to one (1), of the following:
1. 1 one -family "detached dwelling unit".
2. 1 "dwelling unit" containing three (3) or more bedrooms in a
permitted type of "dwelling" other than one -family "detached
dwelling units".,
3. 1.5 "dwelling units" containing two (2) bedrooms each in
permitted "dwellings" other than one -family "detached dwelling
units".
4. 2 "dwelling units" containing one (1) bedroom each in
permitted "dwellings" other than one -family "detached dwelling
units".
5. 2 studio_ or _efficiency "dwelling units" �In permitted
"dwellings" other than one -family "detached dwelling units".
Designed Residential Development: A group of residential "dwelling
units" and "accessory uses" 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.
Dump: A "lot" or parcel of land, or part thereof, used primarily
for the disposal by abandonment, dumping, burial, burning, or any
other means and for whatever purpose, of garbage, sewage, trash,
refuse, junk, discarded machinery, vehicles or parts thereof, or
waste material of any kind. (See definition of "Junk Yard" for
comparison).
Dust: Solid "particulate matter" capable of being air or gas
borne.
Dwelling: A "building" containing one (1) or more "dwelling
units".
Dwelling, one -Family: A "dwelling" containing a single principal
"dwelling unit".
Dwelling, Two -Family: A "dwelling" containing two (2) principal
"dwelling units".
Dwelling, Multi -Family: A "dwelling" containing three (3) or more
"dwelling units".
Dwelling Unit: A "building" or portion thereof providing complete
housekeeping facilities for one "family" including independent
kitchen, sanitary and sleeping facilities, and physically separate
from any other "dtaelling unit" whether or not in the same
"building".
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Dwelling Unit, Attached: A "dwelling unit" having at least one (1)
common wall, floor, or ceiling with one (1) or more other "dwelling
units".
Dwelling Unit, Detached: A single "dwelling unit" located in its
own separate "building" which does not abut any other "dwelling
unit".
Factory Manufactured Home: A "structure" designed for residential
occupancy, which is constructed by a method or system of
construction whereby the "structure" or its components are wholly
or in substantial part manufactured in manufacturing facilities,
and whichisintended or designed for permanent installation, or
assembly and permanent installation, on a foundation, on a
"building"site.
Family: A group of related individuals _or not more than four (4)
unrelated individuals living and cooking together- as a single
housekeeping -unit. A foster home under the jurisdiction of a
public agency shall be considered a "family" for the purpose of
this Zoning Law.
Family Day Care Home: A "structure", together with the necessary
surrounding lands, which contains a program providing care for at
least three (3) but not more than six (6) children away from their
home for more than three (3) hours per day. A "Family Day Care
Home" as defined herein is generally operated in an existing
residential "structure", by a resident thereof, and is subject to
licensing by the New York State Department of Social Services.
Farm Use: The "use" of a parcel of land either as a "principal
use" or as an "accessory use" for the purpose of producing
agricultural, horticultural, floricultural, vegetable or fruit
products of the soil, livestock or meats, poultry, eggs, dairy
products, nuts, honey, wool or hides, but shall not include the
breeding, raising or maintaining of fur -bearing animals, or
piggeries, abattoirs, riding academies, livery stables or
"commercial kennels".
Fast Food Establishment: A business enterprise primarily engaged
in the sale of pre -prepared or quickly prepared food and beverages
in disposable containers or wrappers, selected by patrons from a
limited line of specialized items such as hamburgers, chicken,
pizza, tacos, hot dogs, ice cream or yogurt for consumption either
on or off the premises, in a facility in which a major portion of
the sales to patrons is at a stand-up or drive-through type
counter. A delicatessen or a "restaurant" selling food and
beverages for consumption off the premises is not a "fast food
establishment" provided such sale as described above is not the
principal business of the establishment. The conduct of a bakery
or delicatessen shall not be deemed to be a "fast food
establishment".►
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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, 100 -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 portion thereof, used for the
storage, care or repair of motor vehicles for remuneration, or the
incidental sale of motor fuels dispensed from pumps, or the
incidental sale of motor vehicle accessories, or where motor
vehicles are kept for hire or sale.
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 or motor
vehicle accessories, and which may include facilities for
lubricating, washing, or other minor servicing of motor vehicles,
or the retail sale of sundries including snacks and beverages, but
excluding body work, major structural repair or painting thereof by
any means.
Grade, Finished: The "finished grade" at any point along the wall
of a "building" shall be the elevation of the completed surfaces of
lawns, walks, and roads adjoining the wall at that point.
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Greenhouse: A "building" used as a conservatory for the growing
and protection of flowers or plants, and for the propagation and
culture thereof.
Home occupation: The performance of a service (and not the sale of
goods) for gain, which is conducted entirely within a "dwelling
unit" by the residents thereof, which "use" is clearly incidental
and secondary to the "use" of the "dwelling unit" for residential
purposes and does not change the character thereof, which does not
have any exterior evidence of such "accessory use" other than a
permitted name plate, and which does not involve the keeping of
stock in trade. A "home occupation" shall be limited to one (1)
*,► employee and shall not include the conduct of a "clinic",
"hospital", tea room, "boarding house", animal hospital,
"commercial kennel", "convalescent home", funeral home or store of
any kind.
Hospital: A "building" providing primarily in..patient=services for
the diagnosis and treatment of human ailments, including a
sanatorium or "medical clinic". -
Hotel: A "building", or portion thereof, containing rooms without
individual kitchen facilities, occupied by transient guests who are
lodged with or without meals, which room's have primary access from
public halls, and which such "building", or portion thereof, may
contain public rooms or halls for the service of food and drink,
with or without entertainment, and other facilities intended to
provide customary accessory conveniences or services normally
incidental to and associated with such "use".
House Trailer: Same as "Mobile Home".
Junk Yard: An area of land, with or without "buildings", used for
the outdoor storage of used and discarded materials including, but
not limited to, waste paper, rags, metal, building materials, house
furnishings, machinery, unlicensed vehicles, or parts thereof, with
or without the dismantling, processing, salvage, sale or other
"use" or disposition of the same. The deposit or storage of two
(2) or more wrecked or broken vehicles, or the major parts of two
(2) or more such vehicles, on a "lot" for a period exceeding six
(6) months shall be deemed to make the "lot" a "junk yard". (See
definition of "Dump" for comparison.)
Kennel,[ -]Commercial: An establishment for the treatment, care,
boarding or breeding of dogs or cats for remuneration.
Kennel,[ -]Private: "Structures", runs, storage areas or other
customary appurtenant and accessory "buildings", "structures" or
facilities used for the keeping of three (3) or more dogs or three
(3 ) or more cats over five ( 5 ) months of age for non-commercial
purposes. I
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Loading Space: An off -"street" area or berth for the loading or
unloading of commercial vehicles.
Lot: A parcel of land occupied, or capable of being occupied, by
one (1) "building" and the "accessory buildings" or "uses"
customarily incident to it, including such open spaces as are
arranged and designed to be used in connection with such
"buildings".
Lot Area: The total horizontal area included within the "lot
lines" of a "lot".
Lot Depth: The mean horizontal distance between the front and
"rear lot lines" measured in the general direction of the "side lot
lines".
Lot Line: A property line bounding a "lot".
Lot Line, Front: In the case of a "lot" abutting only one (1)
"street", the "lot line" separating the "lot" from t1le "street"; in
case of any other "lot", the owner may elect any "lot line"
abutting a "street" as the "front lot line".
Lot Line, Rear:
The
"lot line" which is generally opposite
the
"front lot line".
If the "rear lot line" is less than ten
(10)
feet in length, or if
the "lot" comes to a point at the rear,
the
"rear lot line" shall
be deemed to be a line drawn parallel to
the
"front lot line"
not
less than ten (10) feet long, lying wholly
within the "lot"
and
farthest from the "front lot line".
Lot Width: The horizontal distance between the "side lot lines"
taken at the "front yard" line or "principal building" line and
measured along a line which is at right angles to the "lot depth".
Medical Clinic: Same as "Clinic".
Mobile Home: A movable or portable unit designed and constructed
to be towed on its own chassis, comprised of frame and wheels, to
be connected to utilities, and designed and constructed without a
permanent foundation, for year-round living. A unit may contain
parts that may be folded, collapsed or telescoped when being towed
and expanded later to provide additional cubic capacity as well as
two (2) or more separately towable components designed to be joined
into one (1) integral unit capable of being again separated into
the components for repeated touring. "Mobile Home" shall mean
units designed to be used exclusively for residential purposes
excluding "travel trailer".
Mobile Home Park: Any plot of ground upon which two (2) or more
"mobile homes" , occupied for dwelling or sleeping purposes, are or
can be located, regardless of whether or not a charge is made for
such accommodation. The term "Mobile Home Park" shall include the
terms "House Trailer" Park, "Mobile Home" Trailer Park, Trailer
Camp, or other similar phrase.
Motel: A series of attached or detached dormitory units, having a
private outside entrance for each unit, providing an automobile
"parking space" convenient to each unit, and providing lodging with
or without meals;.and other incidental services for a transient
clientele. Automobile Court and Tourist Court shall both be deemed
to be a "Motel".
Non -Conforming Use: A "use" of a "building", "structure" or land
that does not conform to the regulations as to "use" in the zoning
district in which it is located, which "use" was lawful under the
Zoning Law in effect at the time the "use" was established.
Nursing Home: Same as "Convalescent Home".
Nursery School: _A business enterprise .providing care -or
instruction of three (3) or more children less than six (6) years
old and operated in accordance with the Social Services Law of the
State of New York.
Octave Band: A means of dividing the range of sound frequencies
into octaves, in order to classify sound according to pitch.
Octave Band Filter: An instrument, standardized by the American
Standards Association, used in conjunction with a "sound level
meter" to take measurements in specific "octave bands".
Official Map: A map, adopted by the Town Board in accordance with
the provisions of Section 270 of the Town Law, showing "streets",
highways and parks. Drainage systems may also be shown on this
map.
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 ofithis Zoning Law.
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Porch: A roofed "structure" projecting out from the wall or walls
of a principal "structure" and which may be open to the weather.
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."
Satellite Receiving -Antenna: Any apparatus .or device, commonly
known as an earth terminal antenna, earth terminal, earth station,
satellite communication antenna, satellite antenna, microwave dish
antenna, or dish antenna, and which includes as part of such
apparatus or device, the main reflector, sub -reflector feed,
amplifier and support "structure", which is designed for the
purpose of receiving microwave, television, radio, satellite or
other electromagnetic energy signals from space; this does not
include a conventional television, radio or amateur radio antenna.
School, Private: A kindergarten, primary or secondary school which
is not operated by a "public school" district, but which furnishes
a comprehensive curriculum of academic instruction similar to that
of a "public school", or a "nursery school" specifically designed
and used to provide care or instruction for two (2) or more
children under six (6) years of age.
School, Public: An educational institution operated by a "public
school" district in accordance with the Education Law of the State
of New York.
Sign: Any "structure" or part thereof, or any device attached
thereto or painted thereon, or any material or thing, illuminated
or otherwise, which displays or includes any numeral, letter, work,
model, banner, emblem, light, device, trademark or other
representation used as an announcement, designation, direction,
display or advertisement of any person, firm, group, organization,
commodity, service, profession or enterprise when placed in such
manner that it provides visual communication to the general public
out-of-doors, but not including the following:
1. "Signs" maintained or required to be maintained by law or
governmental order.
2. The flag o►r insignia of any government or governmental agency.
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3. The flag of any civic, political, charitable, religious,
fraternal or similar organization, which is hung on a flag
pole or mast.
4. Religious or other seasonal holiday decorations which do not
contain commercial lettering, wording, designs, symbols or
other devices.
Sign Area: Where a "sign" consists of a single board or face with
information on one (1) side or both sides, the area which results
by including the outside dimensions of such "sign", not including
the vertical, horizontal or diagonal supports which may affix the
"sign" to the ground or to a "structure" or "building" unless such
supports are evidently designed to be part of the "sign" as defined
herein. Where a "sign" consists of several individual faces, the
area shall be the total of the area of all such faces which can be
observed from any one (1) point. Where the "sign" consists of
individual letters_ or symbols attached -td or painted on- a
"building", the area shall be considered to be that of the smallest
basic geometric shape (rectangle, triangle or _circle) which
encompasses all of the letters or symbols.
Smoke: Any emission into the open air from any source, except
emissions of uncontaminated water vapor,
Smoke Unit: A measure of the quantity of "smoke" being discharged,
and is the number obtained by multiplying the "smoke" density in a
"Ringelmann Smoke Chart" by the time of emission in minutes. For
example, the emission of "Ringelmann Smoke Chart" Number 1 for one
(1) minute equals one (1) "smoke unit".
Sound Level Meter: An instrument, standardized by the American
Standards Association, used for measurement of the intensity of
sound and calibrated in "decibels".
Stable, Private: An "accessory building" in which horses are kept
for "use" by the owners of the premises and not for hire,
remuneration or sale.
Stable, Public: A "building" in which any horses are kept for
remuneration, hire or sale.
Story: That portion of a "building" included between the surface
of any floor and the surface of the floor next above or, if there
be no floor above it, then the space between the surface of the
floor and the top of the ceiling beams next above it. If the
finished floor level directly above a "basement" or "cellar" is
more than six (6) feet above the average "finished grade" or the
natural grade adjoining the exterior walls of the "building",
whichever is lower, or if it is used for non -accessory business
purposes or for dwp-lling purposes by other than a janitor or
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watchman, such "basement" or "cellar" shall be considered a
"story".
Story, Half: A "story" with at least two (2) opposite exterior
sides meeting a sloping roof not more than two (2) feet above the
floor of such "story".
Street: An existing state, county or town highway or road, or a
proposed highway or road ,including all of the land within the
right-of-way, shown upon a subdivision plat approved by the Town
Planning Board, as provided by law, or on a plat duly filed and
recorded in the Office of the Dutchess County Clerk prior to the
appointment of the Town Planning Board and the grant of the power
to approve subdivision plats.
Street Line: The dividing line between a "street" right-of-way and
a "lot". (See also the definition of "Lot Line, Front" for
comparison.)
Structure: Anything constructed or erected, the "use" of which
requires location on, in or under the ground or water, or
attachment to something having location on the ground or water,
including but not limited to: "buildings", parking decks or
garages, "swimming pools", tennis courts, towers, docks, balconies,
open entries, "porches", decks, handicap ramps, "signs", permanent
awnings, gas or liquid storage tanks, ground -mounted antennas,
ground -mounted solar panels and "satellite receiving antennas", and
walls more than six (6) feet in height, but not anything requiring
only single paving or surfacing of the ground such as parking lots,
driveways or sidewalks.
Structural Alteration: Any change in or addition to the supporting
members of a "structure", including but not limited to, bearing
walls, retaining walls, columns, beams or girders.
Swimming Pool: Any body of water having an artificial bottom
and/or sides and a depth of more than two (2) feet in any point
therein.
Terrace or Patio: A roofless platform of earth or other natural
material covered by a surface material, with or without retaining
walls. Any such platform with a roof or awning shall be considered
a "porch".
Three (3) Component Measuring System: A device for recording the
intensity of any vibration in three (3) mutually perpendicular
directions.
Toxic or Noxious Matter: Any solid, liquid or gaseous matter,
including but not limited to gases, vapors, "dusts", fumes and
mists containing properties which by chemical means are inherently
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harmful and likely to cause injury to the well-being of persons or
damage to property.
Trailer, House: Same as "Mobile Home."
Travel Trailer: A portable vehicular "structure" built on a
chassis, designed to be used primarily as a temporary "dwelling"
for travel, recreational, and vacation "uses", having a body width
not exceeding eight (8) feet and a body length not exceeding
thirty-two (32) feet.
Use: The purpose for which land, water or a "building" or
"structure" is designed, arranged, intended, or for which it is or
may be occupied or maintained.
Use, Accessory: A "use" which is customarily incidental and
subordinate to the "principal use" on a !'lot" and which is located
on the same "lot" or water area therewith.
Use, Principal: The main or primary "use" of land, water, or a
"building", "structure" or "lot".
Utility, Public: An electric unit substation, municipal pump
station or water tower, municipal garage, firehouse, telephone
substation and/or any utility approved by the Public Service
Commission or other regulatory agency.
Vibrations, Impact: Earth -borne oscillations occurring in discrete
pulses at or less than one hundred (100) per minute.
Vibrations, Steady -State: Continuous earth -borne oscillations.
Discrete pulses that occur more than one hundred (100) times per
minute shall be considered "steady-state vibrations".
Wetland: Lands generally or intermittently covered with water
which, by nature of their surface and/or sub -surface soil
characteristics, contribute to the replenishment of the sub -surface
rr water supply, including marshes, swamps, bogs, and other areas with
poorly drained soils such as organic muck and alluvial soils.
Water Course: Any flow or body of water which contains water or a
flow of water at least six (6) months in the aggregate during the
course of an average year.
Yard: An open space on the same "lot" as a "building" , which open
space lies between the "building" or group of "buildings" and the
nearest "lot line" and is unoccupied and unobstructed from the
ground upward, except for permitted "accessory uses" and
"structures". In measuring a "yard", as hereinafter provided, the
line of a "building" shall be deemed to mean a line parallel to the
nearest "lot line", 1drawn from a point of a "building" or the point
of a group of "buildings" nearest to such "lot line", and the
14
measurement shall be taken at right angles from the line of the
"building" to the nearest "lot line".
Yard, Front: A "yard" extending across
the
full width
of the "lot"
and lying between the "front lot line"
and
the nearest
line of the
"building".
Yard, Rear: A "yard" extending across
the
full width
of the "lot"
and lying between the "rear lot line"
and
the nearest
line of the
"building".
Yard, Side: A "yard" between the "side lot line" and the nearest
V4W line of the "building", and extending from the "front yard" to the
"rear yard" or, in the absence of either of such "yards", extending
to the "front lot line" or "rear lot line", as the case may be.
Section 3. Article IV, Section 432, Application -fir a Special
Permit, is hereby amended to read as follows:
432. Application for a Special Use Permit
Applications for special use permits shall be made to the Planning
Board on forms provided by the Zoning Administrator. An
application fee shall accompany each such application in an amount
set forth in a fee schedule which may be amended from time to time
by resolution of the Town Board. The Planning Board shall require
the establishment of an escrow account deposit in accordance with
§ 505.3 herein to reimburse the Town for the professional review
fees charged in connection with the review of the application.
Each such application shall be examined first and endorsed for
completeness by the Zoning Administrator and unless so endorsed
shall not be entertained by said Board. The Planning Board shall
have original jurisdiction for granting special permits based on
the provisions of this section. The Board may impose whatever
reasonable land use conditions and provisions it deems necessary to
reflect the spirit and intent the Town Development Plan and/or
Zoning Law.
The Planning Board, after public hearing with the same notice
required by law for zoning amendments, shall, within sixty-two (62)
days after the final hearing, file with the Zoning Administrator a
decision on said application. All approved special use permits
will be subject to Section 450 of the Town Zoning Law for site
development plan approval.
The applicant may grant extensions of either of the above
stipulated review periods.
The Planning Board may authorize the issuance of a permit, provided
it finds that all of i the following conditions and standards stated,
but not limited to, have been met.
15
Section 4. Article IV, Section 450.2, Application for Site
Development Plan Approval, is hereby amended to read as follows:
§ 450.2 Application for Site Development Plan Approval
Application for site development plan approval shall be made in
writing at least, three (3) weeks in advance of a regularly
scheduled Planning Bqard meeting. It shall be submitted to the
Zoning Administrator and shall be accompanied by a detailed
development plan prepared by a qualified individual or firm, such
as a registered architect, landscape architect or professional
engineer. An application fee shall accompany each such application
in an amount set forth in a fee schedule which may be amended from
time to time by resolution of the Town Board. The Planning Board
shall require the establishment of an escrow account deposit in
accordance with § 505.3 herein to reimburse the Town for the
professional review fees charged in connection with the review of
the application. All applications shall .provide the following
information: -
Section 5. Article V, Enforcement and Administration, is hereby
amended to add the following new sections to read as follows:
§ 505. Fee schedule and reimbursement of professional review
fees.
505.1 All nonrefundable application fees shall be in an amount
set forth in a fee schedule which may be amended from
time to time by resolution of the Town Board. No fees
shall be required from the Town or any of its districts.
505.2 Reimbursement of professional review fees. The Town
Board, the Planning Board, and the Zoning Board of
Appeals, in the review of any application presented to
it, may refer such application to a planner, engineer,
environmental expert, legal counsel and/or other
professional as such Board shall deem reasonably
necessary to assist it in the review of such application.
The applicant shall reimburse the Town for the cost of
such professional review services in accordance with §
505.3.1 herein concerning the establishment of escrow
accounts. The payment of such fees shall be required in
addition to any and all other fees required by this
Zoning Law, or any other State or local law, ordinance or
regulation.
505.3 Escrow account procedures.
505.3.1 At the time of the submission of any application
and prior to its review by the Town Board, the
Planning Board or the Zoning Board of Appeals, the
►approving agency shall require the establishment of
16
an escrow account, from which withdrawals shall be
made to reimburse the Town for the cost of
professional review services. The applicant shall
then provide funds to the Town for deposit into
such account in an amount to be determined by the
approving agency based on its evaluation of the
nature and complexity of the application. The
applicant shall be provided with copies of the Town
vouchers for such services as they are submitted to
the Town. When the balance in such escrow account
is reduced to one-half (1/2) of the full escrow
deposit amount, the applicant shall deposit
additional funds into such account to bring its
balance up to one hundred percent (100%) of the
amount of the full escrow deposit, or to some
lesser amount as deemed acceptable by the approving
agency to complete the review of the application.
_If such account is not replenished =within twenty
(20) days after the applicant is notified in
writing of the requirement for such additional
deposit, the approving agency may suspend its
review of the application. A building permit or
certificate of occupancy shall not be issued unless
all professional review fees charged in connection
with the applicant's project have been reimbursed
to the Town. After all pertinent charges have been
paid, the Town shall refund to the applicant any
funds remaining on deposit.
505.3.2 In the event that a Positive Declaration is made in
accordance with the New York State Environmental
Quality Review Act (SEQRA) regarding the subject
application, the reimbursement procedures provided
in SEQRA may be substituted for those established
in accordance with § 505.3.1 until after completion
of the SEQRA process. In this event, after all
pertinent charges have been paid, the Town may
refund to the applicant any funds remaining on
deposit in the basic escrow account established in
accordance with § 505.3.1 minus one hundred dollars
($100), so as to maintain said escrow account with
the Town. All reimbursements of the costs of
professional review fees incurred subsequent to
making a Positive Declaration and necessary for the
preparation or review of an EIS shall be made in
accordance with the procedures established under
SEQRA. Upon the completion of the SEQRA process
and for the continued review of the application
which is not directly related to the preparation or
review of an EIS, the applicant shall replenish the
basic escrow account with a deposit in an amount
'deemed necessary by the approving agency, but in no
17
case in an amount greater than the full escrow
deposit amount originally established by the
approving agency. All subsequent reimbursements
and refunds shall be made in accordance with §
505.3.1.
§ 506 Collection! -of fees.
506.1 All required fees shall be collected by the Clerk or
Secretary of the board having jurisdiction over the
application.
Section 6. Article V, Enforcement and Administration, Section
515.1, Application, is hereby amended to read as follows:
§ 515.1 Application
Appeals shall'be taken within such time as shall be=prrescribed by
the Board of Appeals by general rule, by filing with the Board of
Appeals a notice of appeal specifying the grounds thereof. Each
appeal shall specify the provision of the ordinance involved, the
ruling sought from the Board, and the grounds upon which it is
claimed that the same should be granted. Affidavits of publication
and service of notice by mail, and such other data or information
shall be submitted as the Board may deem necessary. The officer
from whom the appeal is taken shall forthwith deliver to the Board
of Appeals all papers constituting the record on which the action
appealed from is taken. An application fee shall accompany each
such application in an amount set forth in a fee schedule which may
be amended from time to time by resolution of the Town Board. The
Zoning Board of Appeals shall require the establishment of an
escrow account deposit in accordance with § 505.3 herein to
reimburse the Town for the professional review fees charged in
connection with the review of the application.
Section 7. Article VI, Amendments, Section 601, General
Provisions, is hereby amended to read as follows:
§ 601. General Provisions
The Town Board may, from time to time, on its own motion, on
petition, of any party, or on recommendation of the Planning Board
or Zoning Board of Appeals, amend, supplement, or repeal the
regulations and provisions of this Local Law in the manner provided
by Section 264 of the Town Law.
All petitions for rezoning shall contain a metes and bounds
description of the property to be rezoned as well as the names and
addresses of all adjacent and abutting property owners. The
petition shall be submitted by the owner and shall describe in
detail the reasons for the requested zoning. The Town Board may
require the submission of such additional information as it deems
18
appropriate. An application fee shall accompany each such
application in an amount set forth in a fee schedule which may be
amended from time to time by resolution of the Town Board. The
Town Board shall require the establishment of an escrow account
deposit in accordance with § 505.3 herein to reimburse the Town for
the professional review fees charged in connection with the review
of the application.
Section 8.
Except as specifically modified by the Amendments contained herein,
the Zoning Law of the Town of Wappinger as adopted by Local Law #5
of 1990 and amended from time to time thereafter is otherwise to
remain in full force and effect and is otherwise ratified,
readopted and confirmed.
500\wap4-022.dkw —
1
M
(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. #1 of 19 9 4
of the (Q41d1Wj ft)(Town)(YRD6100 of Wappincter was duly passed by the
on" April 25 1994 , in accordance with the applicable provisions of law.
(Name of Legislative Body) '
(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 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
ame of eggs atrve o y
disapproval) by the and was deemed duly adopted on 19_,
(Elective Chief ExecutiveOfficer')
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19_ Such local law was
Elective Chief Executive Officer
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
19 , in accordance with the applicable provisions of law.
ice,,.. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. _ of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on _ 19_ Such local law was subject to
Elective Chief Executive Officer
permissive referendum and no valid petition requesting such referendum was filed as of 19_
in accordance with the applicable provisiofis 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 chairman 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.
(2)
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 19
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 .
19_, 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 19
of the County of , State of New York, having been submitted to
'ie electors at the General Election of November 19_, pursuant to subdivisions 5 and 7 of
-ction 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
�%Wualified electors of the cities of said county as a unit and of 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 appropritate 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, and was finally adopted
in the manner indicated in paragraph ._, above.
Clerk oft the County legislative body, City, Town or Village Cler
or officer designated by local legilsative body
Elaine H. Snowden
(Seal) Date: April 26, 1994
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
ather authorized Attorney of locality.)
ATE 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 aw annexed hereto.
ignature
Albert Roberts
Attorney to the Town
Title
K,)QKWY
9ft
n of Wappinger
Tow
�'XftR
Date: April 26, 1994
(3)