LL #05-2011Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
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.
❑ County
❑ City of Wappinger
0 Town
❑ Village
Local Law No.
5
of the year 20 11
A local law entitled, "A Local Law Amending the Town's Zoning Law in Accordance with the Newly
(Insert Title)
Adopted Comprehensive Plan for the Purpose of Creating R -5A and R -3A Zoning
Districts."
Be it enacted by the Town Board of the
(Name of Legg atNe o y
❑ County
❑ City of Wappinger
0 Town
❑ Village
(TEXT COMMENCES ON NEXT PAGE)
as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 05/05) Page 1 of 3
LOCAL LAW 5 OF THE YEAR 2011
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1. Title
This local law shall be entitled, "A Local Law Amending the Town's Zoning Law in
Accordance with the Newly Adopted Comprehensive Plan for the Purpose of Creating R -
5A and R -3A Zoning Districts."
Section 2. Legislative Intent
This local law is intended to implement the Town's new Comprehensive Plan.
Section 3. Zoning Amendments
1. Section 240-6 shall be amended to read as follows:
§ 240-6. Classes of districts.
The Town of Wappinger is hereby divided into the following classes of districts:
R -5A
1 -Family Residence District
R -3A
1 -Family Residence District
R-80
1 -Family Residence District
R-40/80
1 -Family Residence District
R-40
1 -Family Residence District
R-20/40
1 -Family Residence District
R-20
1 -Family Residence District
R-15
1 -Family Residence District
R-10
1 -Family Residence District
R-217
2 -Family Residence District
RMF -3
Multifamily Residence District
RMF -5
Multifamily Residence District
PUD
Planned Unit Development District
MU
Mixed Use District
HD
Highway Design District
NB
Neighborhood Business District
GB
General Business District
SC
Shopping Center District
HB
Highway Business District
HO
Highway Office District
CC
Conservation Commercial District
DOS -239 (Rev. 11/99)
COP Conservation Office Park District
HM Hamlet Mixed Use District
Al Airport Industry District
PI Planned Industry District
2. Sections 240-7.A (1) through (7) shall respectively be renumbered (2) through
(8)•
3. A new section 240-7.A(1) shall be included and shall read as follows:
(1) R -3A and R -5A: Sensitive areas to be developed only at very low density, because
of lack of central water and sewer, and because of their scenic values, slopes
and/or wetlands and floodplain complexes.
4. Section 240-31 shall be revised to read as follows:
§ 240-31. Minimum dwelling unit size.
No building permit shall be issued for the construction of a new building in any zoning
district unless building plans indicate that each dwelling unit contains at least the required
usable floor area as set forth in the following schedule:
District
R -5A
R -3A
R-80
R-40/80
R-40
R-20/40
R-20
R-15
R-10
Minimum Livable Floor Area
(square feet)
1,200
1,200
1,200
1,200
1,200
1,200
1,200
1,000
800
2
Single -
Minimum Livable Floor Family
Area Multifamily (square
District (square feet) feet)
RMF -3 500 800
RMF -5 500 800
Other zones where 500 800
residence is permitted
5. In the Schedule of Use Regulations, Residential Districts at 240 Attachment 1,
the list of 1 -Family Districts in the heading of the chart shall be revised to
read as follows:
R -5A
R -3A
R-80
R-40/80
R-40
R-20/40
R-20
R-15
R-10
6. In the Schedule of Dimensional Regulations - Residential Districts at 240
Attachment 3:1, the following new columns shall be added to the left of the R-
80 column:
District
R -5A
R -3A
Minimum lot area (square feet, unless noted)
With public water and sewer
With public water or sewer
Without public water and sewer
5 acres
—
—
—
3 acres
—
—
—
Minimum lot width (feet)
275
225
Minimum lot depth (feet)
365
300
Minimum lot frontage (feet)
50
50
Maximum density units per acre
—
—
3
District
R -5A
R -3A
Minimum front yard (feet) from:
County/state highway
100
75
Center line of other street
100
75
Front lot line of other street
100
75
Minimum side yard (feet)
50
50
Accessory building <15 feet high and
20
20
<200 square feet
Minimum rear yard (feet)
100
50
Accessory building <15 feet high and
20
20
<200 square feet
Maximum building height (stories/feet)
2.5/35
2.5/35
Maximum lot coverage(percent)
5%
7%
Maximum floor area ratio
. 0.05
0.07
Section 4. Ratification, Readoption and Confirmation
Except as specifically modified by the amendments contained herein, the Zoning Law of
the Town of Wappinger as adopted by Local Law No. 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.
Section 5. Separability
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 petition 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 hereof is held inapplicable had been
specifically exempt there from.
Section 6. Effective Date
This Local Law shall take effect immediately upon adoption and filing with the Secretary
of State as provided by the Municipal Home Rule Law.
0
(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.)
1 hereby certify that the local law annexed hereto, designated as local law No. 5 of 20 11 of
the (may)( (Town)(7J ) of Wappinger was duly passed by the
Town Board on June 13th,
(Name of Legislative Body) 20 11 in accordance with the applicable
provisions of law.
2. (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 20 of
the (County)(City)(Town)(Village) of was duly passed bY the
(Name of Legislative Body)
(repassed after disapproval) by the
on 20 and was (approved)(not approved)
(Elective Chief Executive Officer*)
on 20 in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
and was deemed duly adopted
of 20 of
was duly passed by the
on 20 and was (approved)( not approved)
(Elective Chief Executive Officer*)
on 20
Such local law was 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
20 — in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
was duly passed by the , ,.
on 20 and was (approved)(not approved)
(repassed after disapproval) by the on �0
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 — in accordance with the applicable provisions of law.
Such local
* 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 chairperson 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.
DOS -239 (Rev. 05/05) Page 2 of 3
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 20 — 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 20 , 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 20 — of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and 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 appropriate 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 1 above.
0—
ClerrA the county legislative body, City, Town or Village Clerk or
officetAesignated by local legislative body
(Seal) Date: CSI 20' 1
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE 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 law annexed hereto.
Signature
Albert P. Roberts - Town Attorney
Title
of Wappinger
Town
V
Date: /
DOS -239 (Rev. 05/05) Page 3 of 3