Untitlede
PLEASE TAKE NOTICE that the Town Board of the Town of
Wappinger will conduct a Public Hearing on August 29, 1985
at 7:30 P.M. at the Wappinger Junior High School, Remsen Avenue,
Wappingers Falls, New York on an Ordinance Introducing a Moratorium
on Certain Construction in the Town of Wappinger.
The following Ordinance was introduced by COUNCILMAN INCORONATO:
t yPLEASE TAKE NOTICE that the following Ordinance introducing
a Moratorium on Certain Construction in the Town of Wappinger,
was adopted by the Town Board of the Town of Wappinger at their
regular bimonthly meeting held October 7, 1985.
The following Ordinance was offered by COUNCILMtiN INCORONATO
who moved its adoption:
AN ORDINANCE INTRODUCING A MORATORIUM ON CERTAIN CONSTRUCTION IN THE
TOWN OF WAPPINGER
BE IT ORDAINED as f011OWS:
ect. 1: The Town Board of the Town of Wappinger, in order to consider, generate
and adopt an amendment to the comprehensive master plan and zoning ordinance and
mao; to provide for the orde^ly improvement, development and growth of the entire
area of the Town of Wappinger; to afford adequate facilities for the purposes, uses,
transportation, distribution, comfort, convenience, public health, safety and
general welfare of its population; for effective wager and sewer resources, govern-
mental services and environmental effects and in order to provide for an orderly
transition within the time necessary to accomplish same and to prevent development
inconsistent with the proposed amendment to the comprehensive master plan and to
provide for a moratorium for six (6) months in order to accomplish same, in the
interest of promoting proper government and to insure proper protection, orderly
.,
conduct, safety, health, welfare and well-being of the population within the Town
of Wappinger, finds it in the best interest to enact this ordinance.
ect. 2: General Provisions.
No person, corporation, firm or entity shall conduct or establish any residen-
tial use of real property, or construct residential buildings on land exceeding
,anywhere within the Town of Wappinger for a term of six
(o) months from the effective date of this ordinance.
Any person desiring a variance must submit two copies of his layout or plot
plan showing actual dimensions of the plot to be built upon, the setbacks and area
of the building and accessory buildings to be erected and all evidences of applica-
tions in conformity with other municipal authorities' requests and in conformity
with all applicable rules, regulations and laws.
Sect. 3: The Town Board, at the next meeting, shall deem whether or not such
application for a variance is compatible with the master plan or the proposed
amendment to said plan of the Town of Wappinger as it then exists.
If the Town Board deems that such variance is compatible, it shall for-
ward such application for variance and all supporting documents to the Zoning
Board of Appeals. Said Board, at its next meeting or a special meeting, shall con-
sider the variance and give its recommendations with respect to the variance. After
the Zoning Board of Appeals reaches a final decision, it will make recocrnendation
to the Town Board at the next regular meeting so that the Town Board can take
necessary action.
sect. 4: Exceptions.
Lawful use of any premises existing on the effective date of this ordinance
may be conducted, provided however, such non -conforming use shall not be enlarged
d
and the premises shall not be altered unless a variance is granted under the ordinance.
ect. 5: Enforcement.
This ordinance shall be enforced by the Zoning Administrator. It shall be
the duty of the Zoning Administrator to advise the Board of all matters pertaining
to the enforcement of this ordinance and to keep all records necessary and appropriate
to same.
ect. 6: Se parabyi1ity.
Should any section or provi'ion be deemed invalid, such decision shall not
affect the validity of the remaining provisions of this ordinance.
ect. 7: Violations.
Any persons violating any provisions of this ordinance shall be guilty of an
offense, and upon conviction thereof, be punished by a fine not exceeding $250.00 or
imprisonment not to exceed 90 days. For the purpose of conferring jurisdiction upon
r
the Court, violations of this ordinance shall be deemed a misdemeanor, and for
such purposes the laws relating to misdemeanors shall apply to such violations
for procedural matters. Every week's continued violation after notice shall
constitute a separate additional violation. All other interested persons, in addi-
tion to other remedies, may institute any appropriate action or proceeding with
respect to violat'on of this ordinance, as provided in Section 268 of the Town
Law.
ect. 8: Effective date.
This ordinance shall beccme effective upon posting and publication
as provided by Town Law.
I, ELAINE H. SNOWDEN, Town Clerk of the Town of Wappinger
do hereby certify that the foregoing Ordinance was duly adopted
at the Regular Bimonthly Meeting of the Town Board of the Town
of Wappinger held October 7, 1985, at which time a quorum was
present and participated throughout and that the same is still
in force and effect and is duly entered in the minutes of said
meeting.
Elaine H. Snowden
Town Clerk
Town of Wappinger
Dated: October 8, 1985
Date of Publication: October 9, 1985