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PLEASE TAKE NOTICE that the following Amendment to the Zoning
S ecial Use Permits) of the Town of Wappinger was adopted
Ordinance ( P
by the
Town Board of the Town of WaPPinger at their regular meeting
on December 3rd, 1984•
The following Ordinance was introduced by COUNCILMAN INCORONATO
who moved its adoption:
Seconded by: Councilwoman Paino
Roll Call Vote: 4 Ayes 0 Nays Mr. McCluskey ---Absent
I, ELAINE H. SNOWDEN, Town Clerk of the Town of Wappinger do hereby
certify that the foregoing Amendment -to the Zoning Ordinance was
duly adopted at the Regular Meeting of the Town Board of the Town
of Wappinger held December 3, 1984, 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
IN WITNESS HEREOF, I have hereunto set my hand and the seal of
the said Town of Wappinger this 4th day of December, 1984.
Elaine H. Snowden
Town Clerk
Town of Wappinger
Dated: December 4, 1984
Date of Publication: December 5, 1984
BE IT ENACTED AS FOLLOWS:
That Section 432 entitled, "Application for a Special Permit,"
shall be amended to read as follows:
432. Analication for a Snecial Permit
"Application for required special permits shall be made to the Zoning
Board of Appeals. 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 Zoning Board
of Appeals (ZBA) shall have original jurisdiction for granting special
permits based on the provisions of this section. The ZBA may impose
whatever reasonable land use conditions and provisions it deems
necessary to reflect the spirit and intent of the Town Development
Plan anal/or Zoning Ordinance.
The Zoning Board of Appeals, after public hearing with the same
notice required by law for zoning amendments, shall, within sixty
(60) 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 Ordinance for site
development plan approval.
The applicant may grant extensions of either of the above stipulated
review periods, provided, however, that any extension of time granted
to the Planning Board shall equally extend the time to act for the
Zoning Board of Appeals. The Board of Appeals may authorize the
issuance of a permit, provided it finds that all of the following
conditions and standards stated, but not limited to, have been met."
and
BE IT FURTHER ENACTED:
That Section 434 entitled, "Review by Other Agencies," be
amended to read as follows:
434. Review by Other Agencies
"Upon receipt of a completed application for a special permit, the
ZBA may request written comments or a brief advisory report from the
Planning Board for any concerns they may have concerning the proposed
site development plan. Where such requests are made, the Planning Boar(
shall respond to the ZBA within 45 days from the date such referral is
received by the Planning Board Secretary. The ZBA may forward, where
determined appropriate, one copy each of the application to the Town
Engineer, the Superintendent of Highways, the Wappinger Environmental
Council, the Fire Prevention Bureau, the Dutchess County Soil and Water
Conservation District and the Dutchess County Department of Health; in
addition, copies shall be forwarded to the Dutchess County Planning
Department when such proposed development abuts a State or County
Highway, park, drainage channel or building site, and to the Clerk
of any abutting municipality where the propert-7 proposed for suc:-1
development is located within five hundred (500) feet of such
municipality, and other agencies, the New York State Department of
Environmental Conservation, which may have jurisdiction, together
with a request for review and report by said agency. Each agency
may submit a report, including its recommendations, which report,
if it is to be considered, should be returned to the ZBA within
thirty (30) days of the date such referral was submitted."
and
BE IT FURL THER ENACTED:
That Section 450.1 be amended to read as follows:
450.1 Approval Required
"No building permit shall be issued and no structure or use shall
be established, other than one (1) one -family dwelling, except in
conformity with an approved site development plan, and no certificate
of occupancy for such structure or use shall be issued until all the
requirements for such approval and any conditions attached thereto
have been met. The continued validity of any certificate of occupancy
shall be subject to continued conformance with such approved plan and
conditions. Revisions of such plans shall be subject to the same
approval procedure."
and
BE IT FURTHER ENACTED,
That a new section, to be numbered 450.51, be added to
read as follows:
450.51 Application to Building Inspector
"Following site development plan approval, application shall be
made to the Building Inspector for a building permit."