The following individual standards and requirements
are hereby established for certain special permit uses. A special
permit use or other permitted use subject to additional standards
and requirements shall conform to the following individual standards
and requirements, where applicable, in addition to all other regulations
for the zoning district in which the use is located. When the Town
Board is acting as the approving agency, it need only give consideration
to and generally be guided by the following standards and requirements.
A.
Purposes and intent. A special permit may be granted
after public hearing by the Town Board for a designed residential
development where the General Land Use and Development Plan for such
development is found to comply with the standards of this section
and all other applicable sections of this chapter and where such development
shall be designed to achieve the following objectives:
(1)
The creative use of land so as to establish a more
desirable living environment than would be possible through the strict
application of other sections of this chapter.
(2)
The preservation of water bodies, wetlands, steep
slopes, hilltops, ridge lines, major stands of trees, outstanding
natural topography, significant geological features and other areas
of scenic and ecological value and the prevention of soil erosion
and minimization of flood hazard.
(3)
An efficient use of the land so as to facilitate the
adequate and economical provision and maintenance of streets and drainage
facilities and the establishment of central sewage treatment and water
supply systems as an integral part of large-scale future residential
developments on the major remaining undeveloped lands in the Town,
so as to promote the public health, safety and welfare and minimize
potential pollution hazards.
(4)
Innovation, flexibility and variety in the type, design
and layout of residential housing so as to permit greater variety
in the choice of housing type, living environment, occupancy tenure
and housing cost.
(5)
The maximum provision of community, social, recreational,
cultural and other service facilities as integral parts of newly constructed
residential communities.
B.
Eligibility requirements.
(1)
Minimum site size. The minimum size area for a designed
residential development shall be a parcel of land adequate in size
to accommodate 100 building lots of at least the minimum lot area
normally required for detached one-family dwellings in the district
in which it is located, except that where such developments are to
be served by public water and sewer systems, the minimum site area
need only be adequate to accommodate at least 50 building lots.
(2)
Access. A designed residential development shall have
frontage on and access to a primary or a collector road as shown on
the Town Transportation Plan.
(3)
Ownership. The land proposed for a designed residential
development may be owned by one or more persons or corporations, but
shall be combined into a single contiguous parcel of land at or prior
to the time of application to the Town Board. The applications shall
be jointly submitted by all owners and, if approved, shall be jointly
binding on all of them.
C.
Permitted principal uses.
(1)
The permitted principal uses within a designed residential
development shall be limited to those specified below. Permitted accessory
uses and special permit uses which are accessory to one-family and
multifamily dwelling units shall be the same as those allowed in one-family
and multifamily residential districts, respectively, as set forth
in the Schedule of Use Regulations -- Residential Districts[1] of this chapter.
[1]
Editor's Note: Said schedule is included at
the end of this chapter.
(2)
A separate special use permit is not required for
any permitted use within a designed residential development if such
use was shown on the approved General Land Use and Development Plan
for the entire development; provided, however, that site plan approval
shall still be required.
(a)
One-family dwellings not to exceed one dwelling
on each lot.
(b)
Multifamily dwellings in structures containing
not more than six units each.
(c)
Schools and other public facilities.
(d)
Places of worship, including parish houses and
religious schools.
(e)
Private golf and country clubs.
(f)
Swimming pools, tennis facilities, general recreational
and athletic facilities intended for the use of the residents of the
designed residential development.
(g)
Structures and facilities intended for the use
of residents of the designed residential development for arts and
crafts and other community use purposes.
(h)
Buildings for retail business, personal service
and office type uses, pursuant to the bulk requirements of the NB
Neighborhood Business District, on lands not to exceed 1% of the gross
lot area of the designed residential development.
(i)
Water tanks and/or towers, sewage treatment
plants, utility substations and pump stations which are part of the
water supply, sewerage and other utility systems servicing the designed
residential development.
(j)
Storage and maintenance structures and areas
for materials and equipment for the proper upkeep of the designed
residential development.
D.
Development standards and controls. All improvements
within designed residential developments shall be required to comply
with the following specified standards and controls in lieu of those
comparable requirements for other residential developments which are
specified elsewhere in this chapter and in the Land Subdivision Regulations:
[Amended 9-9-2002 by L.L. No. 13-2002]
(1)
Dwelling unit type and density.
(a)
Density formula. The maximum permitted number
of dwelling units in a designed residential development shall be determined
by dividing the total land area by the normally required minimum lot
size for the zoning district in which it is located and subtracting
20%.
(b)
Number of bedrooms. The Planning Board shall be responsible for determining the number of bedrooms in each dwelling unit in connection with its review of site plans in accordance with Article IX of this chapter.
(c)
Dwelling unit mix. For the purpose of assuring
that designed residential developments will broaden the range of available
housing types within the Town, not more than 25% of the permitted
dwelling units within any such development shall be composed of detached
one-family dwellings.
(2)
Open space and recreation areas. At least 1/3 of the
gross acreage of any designed residential development shall be composed
of land which is owned or controlled jointly by all property owners
within the development or by a park district and which is used for
recreational purposes and/or preserved as natural open space. Such
areas shall encompass land having meaningful ecological, aesthetic
and recreational characteristics, with access, shape, dimensions,
location, topography and nature and extent of improvements suitable,
in the opinion of the Town Board, for the intended purposes. Permanent
preservation and maintenance of such areas shall be assured by means
of the filing of covenants and restrictions and/or scenic easements
on the land and by the formation and incorporation of a property owners'
association or a park district which shall be required to maintain
such open space and recreation areas. Such association or district
shall be empowered by levy assessments against property owners to
defray the cost of maintenance and to acquire liens, where necessary,
against property owners for unpaid charges or assessments. In the
event that the property owners' association fails to perform the necessary
maintenance operations, the Town of Wappinger shall be authorized
to enter upon such premises for the purpose of performing such operations
and to assess the cost of so doing equally among all affected property
owners.
(3)
Building height and setbacks.
(a)
No structure within a designed residential development shall exceed three stories or 35 feet in height, whichever is more restrictive, except as provided in § 240-22 of this chapter.
(b)
Setbacks of all structures from the outside
perimeter of the designed residential development shall be twice those
otherwise required in the district in which it is located.
(c)
Where determined necessary by the Planning Board
when reviewing site plans, buffer landscaping of adequate size, type
and spacing may be required to effectively screen buildings within
the designed residential development from neighboring residential
properties.
(4)
Utilities.
(a)
In order to achieve greater safety and improved
appearance, all water, sewer and gas lines and all electric, telephone
and other wires and equipment for providing power and/or communication
shall be installed underground in the manner prescribed by the regulations
of the state, local and/or utility company having jurisdiction.
(b)
Sanitary sewers, water mains and fire hydrants
to be installed in a designed residential development shall be connected
to municipally owned water and sewer systems in the manner prescribed
by the regulations of the appropriate sewer, water or fire district
or other agency having jurisdiction. Such connections shall be conditions
of the approval of all designed residential developments.
E.
Application procedure. The application procedure for approval of a designed residential development shall involve a five-stage process: preliminary application of a General Land Use and Development Plan and program to the Town Board; Planning Board review and report to the Town Board on the appropriateness of the proposal in the context of the Town Development Plan, the Official Map and this chapter; public hearing by the Town Board and decision on the special use permit and the General Land Use and Development Plan as required in § 240-50E(1)(a) of this chapter; Planning Board public hearing and decision on the subdivision of land, if any; and Planning Board administrative review and decision on the site plan and related documents and agreements for each section of the designed residential development in accordance with the General Land Use and Development Plan.
(1)
Application requirements. Application for issuance of a special permit establishing a designed residential development shall be submitted in accordance with the procedures set forth in § 240-41 of this chapter and shall include:
(a)
A proposed General Land Use and Development
Plan at a scale of not less than one inch equals 200 feet indicating
the following:
[1]
Terrain conditions on the property, to include
topographic data with a maximum contour interval of five feet, an
indication of generalized soil types and the location of existing
watercourses, wetlands, wooded areas, major rock outcroppings and
other significant existing features.
[2]
A written statement describing the nature of
the proposed designed residential development and how it will serve
to implement the intent and purposes of such developments, as set
forth in this chapter.
[3]
The proposed spatial arrangement of land uses,
including the location, nature and general extent of areas to be developed
into residential dwelling units, by type; public, community and/or
recreational facilities; utility service and maintenance facilities;
and areas to be preserved as natural open space.
[4]
The general configuration of the road system
planned to serve the designed residential development.
[5]
A numerical analysis of the development proposal
including the total gross acreage and the approximate acreage to be
occupied by each type of permitted use, the total number of dwelling
units proposed for inclusion within the development and the proposed
breakdown of these units according to size and type. The analysis
shall include the total floor area devoted to each type of nonresidential
use and the extent of paved area and building coverage.
[Amended 9-9-2002 by L.L. No. 13-2002]
[6]
A statement of the proposed method of ownership
and maintenance of the land and facilities within the designed residential
development.
[7]
A generalized time schedule for the staging
and completion of the designed residential development, including
utilities and facilities.
[8]
Such other additional information as deemed
necessary by the Town Board or the Planning Board to properly study
and evaluate the application.
(2)
Town Board action.
(a)
Review by other agencies.
[1]
Upon receipt of a completed application for approval of a designed residential development, the Town Board shall forward for review and report pursuant to § 240-50E seven copies of such application to the Planning Board and one copy each of the application shall be forwarded to the Zoning Administrator, the Town Environmental Council, the Town Engineer, Town Attorney, the Town Planner and the Town Superintendent of Highways.
[2]
Copies shall also be referred to the Dutchess
County Soil and Water Conservation District, the Dutchess County Department
of Health, the Dutchess County Planning Board when such proposed development
is within 500 feet of a state or county highway or park, the Clerk
of any abutting municipality where such development is located within
500 feet of such municipality and any other agencies, such as the
New York State Department of Environmental Conservation, which may
have jurisdiction, together with a request for review and report by
said agencies.
(b)
Conditions.
[1]
The Town Board shall not act to approve any
application for a designed residential development unless it determines:
[a]
That such development will serve
to implement the intent and purposes as set forth in this section
of the Zoning Law;
[b]
That the location and the physical
character of the site proposed for the designed residential development
is suitable and appropriate for such a development; and
[c]
That such development is otherwise
in the public interest.
[2]
Such conditions, limitations and safeguards
shall be attached to the special use permit as the Town Board deems
necessary and appropriate to assure continual conformance to all applicable
standards and requirements.
(c)
Within 62 days of the close of the public hearing held in accordance with § 240-107C, the Town Board shall, by resolution, act either to approve, approve with modifications or disapprove the General Land Use and Development Plan for a proposed designed residential development. Approval or approval with modifications is required for and shall be deemed to authorize the applicant to proceed with a detailed design of the proposed development and to submit applications for the approval of subdivision plats and site plans which are in accordance with the approved General Land Use and Development Plan.
(3)
Amendments. The Town Board, after public hearing with
the same notice and referrals as required for the original public
hearing and approval, may consider and act upon an application to
amend the design concept shown on the General Land Use and Development
Plan for a previously approved designed residential development or
upon an application to change or enlarge the limits of such development
to include contiguous acreage subsequently acquired by the applicant.
However, no public hearing shall be required where a proposed change
or enlargement does not result in any significant modification to
the design concept shown on the approved General Land Use and Development
Plan or where less than a five-percent increase in the number of initially
approved dwelling units is involved, provided that all density and
other requirements of this chapter are complied with and such modification
does not affect the findings of the Town Board with respect to the
Town and State Environmental Quality Review Laws.
[Amended 9-9-2002 by L.L. No. 13-2002]
(4)
Expiration of approval. Town Board approval or approval
with modifications of an application for a designed residential development
shall expire if application for subdivision plat and/or site plan
approval has not been made within two years of the date of special
permit use approval or if such required Planning Board approvals are
not obtained within five years of the date of special permit use approval
or upon expiration of any required approval from the Planning Board.
(5)
Planning Board action.
(b)
No earthwork, land clearing or construction of any kind shall take place within the limits of a designed residential development until a site plan for such development or the appropriate section thereof, has been reviewed and approved in accordance with the procedures set forth in Article IX of this chapter.
F.
Financial responsibility. No building permits shall
be issued for construction within a designed residential district
until all improvements are installed or a performance bond or other
form of surety acceptable to the Town is posted in accordance with
the same procedures as provided for in § 277 of the Town
Law relating to subdivisions.
A.
Dimensional standards.
(1)
Minimum park area. A mobile home park shall have a
minimum area of at least five acres, except that existing mobile home
parks shall be permitted to increase the number of sites without meeting
the minimum acreage requirements for new parks, provided that all
other aspects of this chapter are met.
(2)
Mobile home density. The maximum number of mobile home lots in a mobile home park shall not exceed the number of one-family dwelling units which, in the opinion of the Town Board, could be permitted under the requirements of the residential zoning district in which the site is located, as determined in accordance with § 240-19B.
(3)
Minimum lot area. The minimum lot area for single-wide
units shall not be less than 6,500 square feet. The minimum lot area
for double-wide units shall not be less than 10,000 square feet. No
lot depth for any size unit shall be less than 110 feet. Larger minimum
lot dimensions may be required where the Town Board considers the
establishment of larger lots necessary to preserve the character of
the general area.
(4)
Setback requirements.
(a)
All structures within any mobile home park,
other than the mobile homes, shall be set back from any adjoining
public road or property boundary at the normal setback requirements
for the district in which it is located.
(b)
The minimum setback for any structure shall
be 25 feet from mobile home park streets and there shall be a minimum
separation of 40 feet between structures on adjoining lots.
(5)
Lot markings. Each mobile home lot shall be defined
by a permanent corner stake as established by a licensed land surveyor
and identified with a permanent marker showing the parcel number corresponding
to the approved site plan.
(6)
Patio. A paved or hard surface patio area of at least
150 square feet, with a minimum dimension of 10 feet, shall be provided
for each mobile home.
B.
Transportation.
(1)
Park roadways. Construction standards and specifications
for all park roadways shall be as set forth in the Town of Wappinger
Highway Specifications.[1] The mobile home park management shall own and shall be
responsible for the maintenance of such park roadways.
(2)
Access to mobile home lot. Convenient access shall
be provided to each mobile home stand for maneuvering the mobile home
into position. The access shall be kept free from trees and other
immovable obstructions and shall be a minimum width of 12 feet or
the width required by current mobile home models plus extra width
necessary for maneuvering a mobile home on a curve. The alignment
and gradient of such accessway shall be adequate to prevent contact
of the undercarriage of the mobile home and shall be safe and easily
traversed as determined by the Planning Board.
(3)
Walkways. All mobile home parks shall be provided
with safe, convenient, all-season pedestrian walkways as determined
necessary by the Planning Board to:
C.
Mobile home stands. The area of the mobile home stand
shall be improved to provide an adequate foundation for the placement
and tie-down of the mobile home, thereby securing the superstructure
against uplift, sliding, rotation and overturning. The stand shall
provide for practical placement on, and removal from, the lot of the
mobile home and retention of the home on the lot in satisfactory relationship
to its surroundings. The following specific requirements shall be
met:
(1)
There shall be a longitudinal gradient between 0%
and 5% and an adequate crown or cross-gradient for surface drainage.
(2)
The location of each mobile home stand shall be at
such elevation, distance and angle in relation to the park roadways
and the accessway to the mobile home that placement and removal of
the mobile home is practical.
(3)
The mobile home stand shall be provided with a minimum
of one concrete footer every eight feet for a length of 70 feet. It
shall be installed in such a way as to be perpendicular to the I-beam
of the home. The minimum length of the footer shall be 12 feet for
a single-wide unit lot and 24 feet for a double-wide unit lot. The
width of the footer shall be no less than 16 inches and it shall extend
below the frost line.
(4)
The mobile home stand shall be designed in such a
way that it will accept auger-type or other types of anchors which
will be able to accommodate both over-the-roof straps and frame straps.
All anchors must be able to sustain a minimum tensile strength of
2,800 pounds. It is the stated purpose of this section to provide
for adequate tying down, taking into account the lack of uniformity
with regard to the placement of straps on the various mobile home
models.
(5)
Mobile home tie-downs shall comply with ANSI ALL 98.1
for nonhurricane areas with regard to number and placement.
D.
Sanitation standards.
(1)
Water supply.
(a)
The water supply system for the mobile home
park shall be connected to a municipally owned water system, and Dutchess
County Department of Health approval shall be required for all water
supplies. Such connection shall be a condition of the approval of
all mobile home parks.
(b)
Adequate provisions shall be made to prevent
freezing of service lines, valves and riser pipes and to protect risers
from heaving and thawing actions of ground during freezing weather.
Surface drainage shall be diverted from the location of the riser
pipe and from cutoff valves.
(2)
Sewage disposal. The sewage disposal system for the
mobile home park shall be connected to a municipally owned sewer system,
and Dutchess County Department of Health approval shall be required
for all sewage disposal systems. Such connection shall be a condition
of the approval of all mobile home parks.
E.
Utility standards. All utility connections, including
but not limited to electrical, telephone and gas connections, shall
be located underground.
(1)
Electrical requirements.
(a)
All direct burial conductors or cable shall
be buried at least 18 inches below the ground surface and shall be
insulated and specially designed for the purpose. Such conductors
shall be located not less than one-foot radial distance from water,
sewer, gas or communication lines.
(b)
Each mobile home site shall be provided with
electrical current of the standard voltage and frequency generally
provided in the area.
(c)
Each mobile home lot shall be provided with
an approved disconnecting device and over-current protective equipment.
The minimum service per outlet shall be 120/240 volts AC, 60 amperes.
(d)
Outlet receptacles at each mobile home stand
shall be located not more than 25 feet from the over-current protective
devices in the mobile home and a three-pole, four-wire, grounding
type shall be used unless other grounding types are approved by the
Planning Board. Receptacles shall be of weatherproof construction.
(e)
All exposed non-current-carrying metal parts
of mobile homes and all other equipment shall be grounded by means
of an approved grounding conductor with branch circuit conductors
or other approved method of grounded metallic wiring. The neutral
conductor shall not be used as an equipment ground for mobile homes
or other equipment.
(2)
Lighting requirements. Mobile home parks shall be
furnished with lighting units so spaced and at such heights to provide
illumination for safe pedestrian and vehicular movement at night.
(a)
In all parts of the mobile home park road system,
an average illumination level of at least 0.8 footcandle and a minimum
illumination level of at least 0.3 footcandle shall be maintained.
(b)
Potentially hazardous locations shall be individually
illuminated with a minimum level of at least 1.0 footcandle where
deemed necessary by the Planning Board.
(3)
Gas. Each mobile home site provided with piped gas
shall have an approved manual shutoff valve installed upstream of
the gas outlet. The outlet shall be equipped with an approved cap
and locking device to prevent accidental discharge of gas when the
outlet is not in use.
(4)
Heating. All service structures, if not conventionally
heated, shall be provided with space heating equipment adequate to
maintain a temperature of 70° F. inside the building at an outside
design condition of -10° F. and shall be subject to the approval
of the Building Inspector.
F.
Service and storage requirements. All service and/or
storage facilities as described in this section shall be appropriately
and attractively screened in accordance with a plan approved by the
Planning Board and shall be so maintained.
(1)
Laundry. A laundry facility with suitable automatic
washers and dryers, plumbing, electricity and ventilation shall be
provided in a central location unless it is clearly shown to the satisfaction
of the Planning Board that such a facility is not necessary for the
needs, reasonable convenience or emergency usage by the residents
of the mobile home park. The internal finish material of any common
laundry facility shall be capable of withstanding frequent washing
and cleaning.
(2)
Storage of material and equipment.
(a)
A concrete slab shall be provided behind the
mobile home for the placement of metal sheds by the mobile home owner.
This slab shall be of such a size as to allow for a minimum size shed
of 10 feet by 10 feet and an additional three feet along the edge
of the shed for the placement of garbage containers.
(b)
Storage areas shall be maintained to prevent
rodent harborage; lumber, pipe and other building material shall be
stored at least one foot above ground. Storage shall not be permitted
under mobile homes unless it is clearly shown that such storage is
necessary and will not provide rodent or insect harborage.
(c)
Storage space shall be provided by the mobile
home park management for park maintenance materials and equipment.
(3)
Liquid petroleum gas storage.
(a)
Liquid petroleum gas (LPG) systems, if used,
shall be provided with safety devices to relieve excessive pressures
and shall be arranged so that the discharge terminates at a safe location.
Such systems shall have at least one accessible means for shutting
off gas. Such means shall be located outside the mobile home and shall
be maintained in effective operating condition.
(b)
All LPG piping outside of the mobile home shall
be well supported and protected against mechanical injury. Undiluted
liquefied petroleum gas in liquid form shall not be conveyed through
piping equipment and systems in mobile homes.
(c)
Liquefied petroleum gas containers installed
on a mobile home site shall be securely but not permanently fastened
to prevent accidental overturning. Such containers shall not be less
than 12 nor more than 60 gallons' gross capacity.
(d)
No liquefied petroleum gas vessel shall be stored
or located inside or beneath any storage cabinet, carport, mobile
home or any other structure, unless such installations are approved
by the Dutchess County Department of Health.
(4)
Fuel oil storage.
(a)
All piping from outside fuel oil storage tanks
or cylinders to mobile homes shall be permanently installed and securely
fastened in place.
(b)
All fuel oil storage tanks or cylinders shall
be securely fastened in place and shall not be located inside or beneath
any mobile home or less than five feet from any mobile home exit.
(c)
Storage tanks located in areas subject to traffic
shall be protected against physical damage.
(d)
Where safety and economics permit, fuel oil
storage tanks shall be placed underground. Approximately a two-hundred-seventy-five-gallon
storage facility shall be provided for each mobile home lot where
oil heating is used.
(5)
Refuse. The storage, collection and disposal of refuse
in the mobile home park shall be so conducted as to create no health
hazards, rodent harborage, insect breeding areas, accident, fire hazards
or air pollution.
(a)
All refuse shall be stored in fly-tight, watertight,
rodentproof containers stored behind the mobile home adjacent to the
metal storage shed on the concrete slab so provided. A dumpster shall
be provided in each mobile home park to provide for outsized trash,
and additional restrictions for refuse storage may be imposed by the
Planning Board as part of site plan approval.
(b)
Refuse collection stands shall be provided for
all refuse containers. Such container stands shall be so designed
as to prevent containers from being tipped, to minimize spillage and
container deterioration and to facilitate cleaning around them.
(c)
All refuse containing garbage shall be collected
at least weekly and as necessary to prevent nuisance. Where suitable
collection service is not available from municipal or private agencies,
the mobile home park management shall provide this service. All refuse
shall be collected and transported in covered vehicles or covered
containers.
(6)
Recreation area. Where required by the Planning Board
as a condition of subdivision plat or site plan approval, not less
than 100 square feet per mobile home of the mobile home park area
shall be devoted to recreational facilities, which shall be provided
in a central location when possible. Where determined necessary by
the Planning Board, drinking fountains shall be provided in or near
the recreation and service areas and shall have a flow pressure of
at least 15 pounds per square inch and shall meet the standard requirements
of the Town Recreation Commission.
(7)
Fire protection. Mobile home park site plans and service
building plans shall be subject to the review and approval of the
Board of Fire Commissioners.
(a)
Mobile home park areas shall be kept free of
litter, rubbish and other flammable materials.
(b)
Portable fire extinguishers, approved by the
local district, shall be kept in all service buildings and shall be
maintained in good operating condition.
(c)
No open fire shall be permitted except in facilities
intended for such purposes.
(d)
All construction shall provide reasonable assurance
of safety to life by making provisions to retard the progress and
spread of fires and by providing for means of egress which will minimize
danger to life from fire, smoke or resulting panic before structures
are emptied.
G.
Application procedure. The application procedure for approval of a mobile home park shall involve a five-stage process: application to the Town Board for approval of a Land Use and Development Plan prepared in accordance with the requirements of § 240-50E(1)(a); Planning Board review and report to the Town Board on the appropriateness of the proposal in context of the Town Development Plan and this chapter; public hearing by the Town Board and decision on the special permit and General Land Use and Development Plan; Planning Board public hearing and decision on the subdivision of land, if any; and Planning Board public hearing and decision on site plan approval of the mobile home park.
H.
Town Board action.
(1)
Within 62 calendar days of the date of the close of
the public hearing, the Town Board shall, by resolution, act either
to approve, approve with modifications or disapprove the General Land
Use and Development Plan for a proposed mobile home park. Approval
or approval with modifications is required for and shall be deemed
to authorize the applicant to proceed with a detailed design of the
proposed development and to submit applications for subdivision plat
and/or site plan approval which are in accordance with the approved
General Land Use and Development Plan. The Town Board shall not act
to approve any application for a mobile home park unless it determines:
(2)
Such conditions and safeguards shall be attached to
the special permit as the Town Board deems necessary and appropriate
to assure continual conformance to all applicable standards and requirements.
[Amended 3-11-2019 by L.L. No. 2-2019]
A.
Fuel pumps and storage tank inlets shall be set back at least 25
and 15 feet, respectively, from the perimeter property lines of the
site. Further, fuel pumps and storage tank inlets shall be located
and oriented in such a manner as to prevent the stacking of vehicles
into any road right-of-way and the blocking of any point of site ingress
or egress. For the purposes of this section, canopies over commercial
fuel pumps and filling areas shall be permitted to extend into the
minimum required front yard for the district in which the property
is located, but in no case shall any canopy be located within five
feet of any lot line.
B.
All automobile parts, partially dismantled motor vehicles or similar
articles shall be stored within a building. All repair and service
work, including car washing, but excluding emergency service and the
sale of fuel and lubricants, shall be conducted entirely within either
a building or, where deemed appropriate by the Planning Board due
to such factors as the size of the property involved and/or its location,
shall be conducted entirely within a fenced-in area in which such
work is visually screened from all adjoining properties and roadways.
In no case shall any vehicles awaiting service or repair work be stored
outdoors for a period exceeding five days, unless such vehicles are
entirely located within a fenced-in area and are visually screened
from all adjoining properties and roadways. Body work, major structural
repair or painting shall not be permitted.
C.
Use of a building for any residence or sleeping quarters shall not
be permitted, except that in the Hamlet Mixed Use District, dwelling
units which are separate from the gas station use may be permitted
above the commercial ground floor use in the principal gas station
building.
[Amended 11-13-2019 by L.L. No. 6-2019]
[Amended 9-24-2001 by L.L. No. 5-2001; 4-14-2003 by L.L. No.
4-2003; 6-27-2005 by L.L. No. 6-2005]
A.
Legislative intent. It is the specific purpose and intent of this
provision to provide the opportunity for the development of small
dwelling units designed, in particular, to meet the special housing
needs of relatives of families living in the Town of Wappinger and
the housing needs of persons who are 55 years of age and older. Furthermore,
it is the purpose and intent of this section to allow the more efficient
use of the Town's existing stock of dwellings, to protect and preserve
property values and to maintain the one-family character of the one-family
residence districts of the Town of Wappinger without the overutilization
of the land, consistent with the Town Comprehensive Plan.
[Amended 5-27-2014 by L.L. No. 6-2014]
B.
Standards. Accessory apartments shall comply with
the following standards:
(1)
Minimum lot area: not applicable.
(2)
Required occupancy. The owner of the property upon which the accessory
apartment is located shall occupy the principal or accessory dwelling
unit on the premises as his/her primary residence. An occupant of
at least one of the dwelling units on the property shall be the father,
mother, son, daughter, brother, sister, grandparent, grandchild, father-in-law
or mother-in-law of an occupant of the other dwelling unit on the
property. Notwithstanding the above, if said relative vacates the
dwelling unit, the owner-applicant may apply for a transfer of the
certificate of occupancy and/or certificate of compliance for the
accessory apartment for occupancy by a nonfamilial person who is 55
years of age or older, subject to compliance with the following requirements:
[Amended 5-27-2014 by L.L. No. 6-2014]
(a)
The owner of the property upon which the accessory apartment
is located shall occupy the principal or accessory dwelling unit on
the premises as his/her primary residence.
(b)
The nonfamilial person who is 55 years of age or older may occupy
the principal or accessory dwelling unit with or without one other
person who is at least 21 years old.
(c)
Said nonfamilial occupants shall have the use of not more than
two on-site parking spaces.
(d)
The minimum lot size of the property shall be at least 80,000
square feet.
(3)
Number of accessory apartments. Only one accessory
apartment shall be permitted on any lot.
(4)
Maximum size. An accessory apartment shall be subordinate in area
to the principal dwelling. The accessory apartment shall not exceed
35% of the gross floor area of said principal dwelling and in no event
shall exceed 1,000 square feet of gross floor area.
[Amended 5-27-2014 by L.L. No. 6-2014; 5-14-2018 by L.L. No. 6-2018]
(5)
Minimum size. The minimum gross floor area for an
accessory apartment shall be 300 square feet.
(6)
Maximum occupancy. The accessory apartment shall be
limited in occupancy to three persons.
(7)
Principal use. The principal use of the premises must
be that of a detached one-family dwelling.
(8)
Age of one-family dwelling. A one-family dwelling must be in existence
for at least five years prior to an application for an accessory apartment.
[Amended 5-14-2018 by L.L. No. 6-2018]
(9)
Access.
[Amended 5-14-2018 by L.L. No. 6-2018]
(a)
In the event that an accessory apartment is provided with an
externally located entrance separate from that of the one-family dwelling
in which it is located, such entrance shall be located on the side
or rear of the one-family dwelling.
(b)
Any outside stairways and/or fire escapes for the accessory
apartment shall be at the rear or side of the building.
(10)
Exterior appearance. To the degree reasonably feasible, the
exterior appearance of the building will remain that of a one-family
residence.
(11)
Utilities. Unless the premises is serviced by
a community sewer or water system, approval of the Dutchess County
Health Department shall be obtained prior to issuance of a building
permit, certificate of occupancy and/or certificate of compliance.
(12)
Maintenance and continued compliance. An accessory
apartment shall be permitted only where all structures on the premises
are in compliance with the Uniform Code and Zoning Code. The Building
Inspector shall not issue a certificate of occupancy and/or certificate
of compliance until the accessory apartment complies with all sections
of the Uniform Code of the State of New York and the Town Code and
until violation(s) of the Uniform Code and Town Code, if any, have
been corrected.
C.
An applicant failing to meet any of the above conditions
may apply to the Zoning Board of Appeals for a variance.
D.
Application. An application for an accessory apartment must contain sufficient information to demonstrate compliance with each of the standards set forth in § 240-53B as determined by the Zoning Administrator, including but not limited to the following information:
[Amended 5-27-2014 by L.L. No. 6-2014]
(1)
A floor plan of each habitable floor of the building, with all interior
dimensions, including windows and doors, and with an assignment of
spaces to the proposed dwelling units, including types of rooms.
(2)
Plans shall be prepared in sufficient size and detail to enable the
Building Inspector to determine compliance with the requirements for
an accessory apartment.
(3)
Clear and convincing proof of a family relationship or other requirements, as applicable, as stipulated in § 240-53B(2).
(4)
The declaration of covenants and restrictions stipulated in § 240-531.
(5)
An application review fee as set forth in § 122-16N(9)(a) of the Code.
E.
Certificate of occupancy, Upon certification by the
Zoning Administrator that the applicant has complied with all conditions
of this chapter, the Building Inspector shall be authorized to issue
a certificate of occupancy for an accessory apartment.
F.
Renewal inspections. Each accessory apartment shall be reviewed and/or inspected by the Zoning Administrator every year in order to determine whether the apartment remains in compliance with this chapter. Upon the determination of such compliance, the Zoning Administrator shall issue a certificate of occupancy and/or certificate of compliance. The Zoning Administrator may require an affidavit, certification and/or other acceptable proof from the owner of the apartment verifying the continued existence of the family relationship or other requirements stipulated by § 240-53B(2). In the event that the inspection determines that the apartment is no longer in compliance with this chapter, the certificate of occupancy and/or certificate of compliance shall be revoked. The certificate of occupancy and/or certificate of compliance, once issued, shall be valid for a period of one year, provided that the owner-applicant complies with the terms of this chapter. In the event of noncompliance with this chapter, the certificate of occupancy and/or certificate of compliance shall be revoked, and the time periods established in § 240-53 for discontinuing accessory apartments shall apply. In the case of nonfamilial occupancy, as described in § 240-53B(2) herein, an annual renewal inspection fee as set forth in § 122-16N(9)(b) of the Code shall be paid to the Town.
[Amended 5-27-2014 by L.L. No. 6-2014]
G.
Change in ownership. Upon a change in ownership or a change in the residence of the owner-applicant, the certificate of occupancy and/or certificate of compliance for the accessory apartment shall terminate. A new owner-applicant may apply for permission to maintain an accessory apartment pursuant to this chapter. The new owner-applicant shall submit an application as authorized by this chapter and provide the Zoning Administrator with clear and convincing proof of the family relationship required in § 240-53B(2). In the event that the new owner-applicant decides not to live in the structure or is not otherwise able to continue the use of the accessory apartment as authorized by this chapter, the owner-applicant shall have 60 days to remove the stove(s), oven(s), sink(s) and refrigerator(s) in the kitchen of the accessory apartment and to convert the premises back solely into a one-family dwelling unit.
[Amended 5-27-2014 by L.L. No. 6-2014]
H.
Change in family relationship. Upon a change in the family relationship as required in § 240-53B(2), the certificate of occupancy and/or certificate of compliance for the accessory apartment shall terminate 60 days after such change. Notwithstanding the above, the owner-applicant may apply pursuant to § 240-53D for a transfer of the certificate of occupancy and/or certificate of compliance, provided that the owner establishes compliance with the family relationship or other requirements stipulated in § 240-53B(2). The owner-applicant shall provide the Zoning Administrator with clear and convincing proof of such family relationship or other requirements stipulated in this chapter. In the event that the new owner-applicant cannot establish the family relationship or other requirements stipulated in this chapter, the owner-applicant shall have 60 days to remove the stove(s), oven(s), sink(s) and refrigerator(s) in the kitchen of the accessory apartment and to convert the premises back solely into a one-family dwelling unit.
[Amended 5-27-2014 by L.L. No. 6-2014]
I.
Declaration of covenants and restrictions. The owner-applicant shall
be required to execute a declaration of covenants and restrictions
to be recorded in the Dutchess County Clerk's Office and indexed against
the subject property, prior to the issuance of a certificate of occupancy
and/or certificate of compliance for the accessory apartment. The
declaration of covenants and restrictions shall be in favor of the
Town of Wappinger and shall state that:
[Amended 5-27-2014 by L.L. No. 6-2014]
(1)
Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence, the new owner shall apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance in accordance with § 240-53G of the Town of Wappinger Zoning Law.
(2)
The new owner of the premises shall have to apply to the Zoning Administrator
for a transfer of the certificate of occupancy and/or certificate
of compliance to continue the accessory apartment within 30 days of
closing and transfer of title.
(3)
Upon a change in the family relationship required by § 240-53B(2), the owner shall apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance in accordance with § 240-53H of the Town of Wappinger Zoning Law. In this case, the owner of the premises shall have to apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance to continue the accessory apartment within 30 days of the change in family relationship.
(4)
As a condition for permission to maintain an accessory apartment,
the Building Inspector and/or the Zoning Administrator shall have
the right to inspect the premises upon reasonable notice to the owner.
[Amended 9-24-2001 by L.L. No. 5-2001]
A.
The use shall be conducted solely within the dwelling
unit and not in a detached accessory building and the use shall be
clearly incidental and secondary to the use of the dwelling unit for
living purposes.
B.
Not more than two nonresident employees, associates
or assistants, excluding the owner, shall be employed on the premises.
C.
There shall be no external display or advertising
of goods or services or other external evidence of such use other
than one identification sign stating the name and address of the resident,
property and/or permitted accessory use, not exceeding two square
feet in area, which may be attached to a mailbox or supporting pole.
If freestanding, the sign shall be no closer than five feet to the
edge of the paved road or sidewalk, where it exists. Further, said
sign shall not be illuminated in a residential district except as
granted by special permit and then only during the hours of operation
of the permitted accessory use.
D.
The establishment of such use shall not require external
alterations or involve construction features not customarily found
in dwelling units.
E.
The use shall not utilize an area exceeding 300 square feet which
can be increased to 500 square feet if the lot has frontage on a state
or county road and if the use derives its primary access from such
road. In no case shall the use occupy an area exceeding 25% of the
gross floor area of the residence.
[1]
Editor’s Note: This local law was adopted as a remedial
measure and also stated in Section 10 that any approvals issued under
L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered
valid notwithstanding the readoption of this law.
F.
No use shall produce or emit beyond the boundaries
of the premises on which it is located dust, glare, hazard, heat,
light, noise, nuisance, odor, radiation, smoke or vibration.
G.
The use itself shall be conducted in such a manner
and during such hours that it is not detrimental to the immediate
neighborhood.
H.
No service involving the repair of devices powered
by electricity, gasoline, diesel fuel, kerosene or other fuels shall
be permitted.
I.
The use shall not result in the parking of more than
three client vehicles at one time on the property or on the street.
J.
Not more than five clients shall be permitted on the
property at one time.
K.
Parking shall be provided as set forth in Article X and as determined by the Planning Board. The Board may require additional landscaping or screening to buffer parking areas from adjoining dwellings.
L.
In the case of an instructor, music teacher or teacher
or tutor of standard scholastic subjects, the office or studio shall
be so equipped and used that the sounds therefrom shall not be heard
beyond the boundaries of the premises on which the use is located.
A.
No storage of manure or any other odor- or dust-producing
substance shall be permitted within 100 feet of a street or property
line, nor within 150 feet of a watercourse or wetlands area.
B.
Such sales shall only be permitted in accordance with
the approved site plan.
C.
Commercial vehicles and farm equipment need not be
stored inside structures.
D.
The applicant shall demonstrate to the satisfaction
of the Planning Board that there is adequate land area for the number
and type of animals to be raised on the property.
E.
All animal feed shall be stored in rodentproof containers.
F.
Such use may sell agricultural, nursery and greenhouse
products grown or raised on the premises or elsewhere, and the Planning
Board shall have the authority to determine whether the proposed products
for sale comply with this subsection.
A.
The residential structure shall have been built prior
to 1962 and shall contain more than 3,000 square feet of gross floor
area.
B.
There shall be no increase in the number of permitted
dwelling units resulting from additions made after 1962.
C.
The minimum lot area shall be 40,000 square feet.
D.
There shall be no more than one dwelling unit for
each 20,000 square feet of lot area, but in no case shall more than
six dwelling units be permitted in the residential structure.
E.
Each dwelling unit shall contain at least 800 square
feet of gross floor area.
F.
Each dwelling unit shall have a separate entrance.
Not more than two separate entrances shall be permitted on the front
facade. Common entrances with private interior accesses to each dwelling
unit shall be permitted.
G.
Dutchess County Health Department approval of the
water and sewer service shall be required prior to the issuance of
any permit.
H.
Parking shall be provided as set forth in Article X and as required by the Planning Board. The Board may require additional landscaping or screening to buffer parking areas from adjacent dwellings.
I.
The existing structure shall comply with all other
requirements of this chapter.
[Added 7-11-2016 by L.L.
No. 2-2016]
A.
Ground-mounted solar energy system as an accessory use.
(1)
Ground-mounted solar energy systems, as an accessory use to a single-family
dwelling, are allowed by special permit issued by the Planning Board
without site plan approval in all zoning districts of the Town, provided
that:
(2)
Ground-mounted solar energy systems, as an accessory use for all
primary uses other than a single-family dwelling or farm, are permitted
in all zoning districts of the Town subject to site plan approval,
provided that:
B.
Solar farms.
(1)
A solar farm is a principal use allowed in the R-40/80, R-80, RA-3,
RA-5, AI, CC and COP Districts subject to special use permit and site
plan approval.
[Amended 11-27-2017 by L.L. No. 6-2017]
(2)
Site plan approval required. A site plan application shall be submitted and reviewed in accordance with the provisions of Article IX of this chapter for all solar farms.
(3)
A ground-mounted solar energy system that is sole use on a lot is
considered to be a solar farm regardless of size.
(4)
Ground-mounted photovoltaic systems that are net metered and exceed
the kW thresholds in the definition of "Solar electric generating
equipment" found at Public Service Law § 66-j(1)(d) are
deemed to be solar farms and shall be a principal land use for the
parcel on which they are located regardless of the presence of another
use.
(5)
Ground-mounted solar energy systems located on a lot with another principal use shall be considered a solar farm if the surface area of the panels exceeds 50% of the footprint of the primary structure(s), exceeds 0.5 acre in area for lots with a single-family dwelling, or exceeds 2.0 acres in area for all other lots. A solar farm on a lot with another principal use is only permitted in the zoning districts set forth in Subsection A(1) above.
(6)
Power and communication lines. Power and communication lines running
between banks of solar panels and to nearby electric substations or
interconnections with buildings shall be buried underground. Exemptions
may be granted in instances where shallow bedrock, watercourses, or
other elements of the natural landscape interfere with the ability
to bury lines, or distance makes undergrounding infeasible, at the
discretion of the Planning Board.
(7)
Aviation protection. For solar farms located within 500 feet of an
airport, the applicant must complete and provide the results of the
Solar Glare Hazard Analysis Tool (SGHAT) for the Airport Traffic Control
Tower cab and final approach paths, consistent with the Interim Policy,
FAA Review of Solar Energy Projects on Federally Obligated Airports,
or most recent version adopted by the FAA.
(8)
Where an interconnection with an electric public utility is proposed,
evidence of consent by the utility for the connection shall be demonstrated.
(9)
Decommissioning. A decommissioning plan shall be required to ensure
that facilities are properly removed after their useful life. Decommissioning
of solar panels must occur in the event they are not in use for 12
consecutive months. The site plan shall include provisions for removal
of all supporting structures and foundations, restoration of soil
and vegetation and a plan ensuring financial resources will be available
to fully decommission the site. The Town may require the posting of
a bond, a letter of credit or the establishment of an escrow account
to ensure proper decommissioning.
C.
Special permit standards for all ground-mounted solar energy systems.
(1)
All portions of the ground-mounted solar energy system must meet
all applicable setback requirements for primary structures in the
zoning district in which it is located.
(2)
Solar collectors shall not be included in any calculation of impervious
surface or impervious cover; however, the base or foundation of the
solar collector shall be included in any calculation.
(3)
Ground-mounted solar energy systems shall meet all other applicable
zoning district requirements.
(4)
Ground-mounted solar energy system.
[Amended 11-27-2017 by L.L. No. 6-2017]
(a)
Where a ground-mounted solar energy system is located within 100 feet of an adjacent property in a residential district or a street, it shall be screened by existing vegetation or topography or through the use of architectural features, earth berms, landscaping, or other screening which will harmonize with the character of the property and surrounding area. The buffer shall comply with the requirements of § 240-25B.
(b)
Notwithstanding the requirements of § 240-25B, where a ground-mounted solar energy system is located within the viewshed of the Hudson River, in any yard that faces the Hudson, the equipment shall be set back a minimum of 300 feet from the property line. Existing trees within the setback should not be removed, except for access roads and utility crossings. In the discretion of the Planning Board, existing trees in the area of the solar collectors may be reduced in height or replaced with shorter trees to prevent shading.
[1]
The Planning Board shall have the discretion to reduce the setback
required above to 150 feet, provided that the applicant demonstrates
that the screening is opaque and the solar energy system will not
be visible from the Hudson River when leaves are off the trees. The
Planning Board may impose any reasonable conditions to protect adjacent
properties and the public in general should it choose to reduce the
setback.
(c)
The Planning Board shall have the discretion to modify the height
of the screening required by this section near, or adjacent to, the
solar collectors reduced to prevent shading.
(5)
The height of the solar collector and any mounts shall not exceed
15 feet above the ground.
(6)
There shall be a ten-foot brush-free area around the ground-mounted
solar energy system and suitable access means for firefighting equipment
or such other clearances that may be required by the Uniform Code.
D.
Additional special permit standards for accessory ground-mounted
solar energy systems.
(1)
Ground-mounted solar energy systems installed as accessory uses are
permitted in a side yard or rear yard.
(2)
The Planning Board may permit the installation of ground-mounted
solar energy systems as an accessory use in a front yard upon a showing
that such solar energy system may not be located in a side or rear
yard and that the system may be adequately screened. The Planning
Board may impose any reasonable conditions to protect adjacent properties
and the public in general.
(3)
Ground-mounted solar energy systems installed as accessory uses shall
not be considered as a building for purposes of determining building
coverage of the lot.
E.
Additional special permit standards for solar farms.
(1)
Solar farms are only permitted on lots that conform to the minimum
lot size in the district in which they are located, except that solar
farms having a rated capacity of 200 kW or greater are only permitted
on lots containing 20 acres or more.
(2)
In a residential district, the total surface area of the solar collectors
shall not exceed 10% of the lot area, and the total impervious surface
for the solar farm shall not exceed 15% of the lot area.
(3)
In a commercial district, the total surface area of the solar collectors
shall not exceed the maximum building coverage percentage for the
district in which it is located.[2]
[2]
Editor's Note: Former Subsection E(4), concerning setback
and landscaping for solar farms in the R-40/80 District, which immediately
followed this subsection, was repealed 11-27-2017 by L.L. No. 6-2017.
[1]
Editor's Note: Former § 240-57, Places of worship,
including parish houses and religious schools, was repealed 4-27-2015
by L.L. No. 1-2015, which local law was readopted 1-30-2017 by L.L.
No. 1-2017 as a remedial measure.
A.
The lot shall have frontage on a state or county road and the use
shall derive its primary access from such road.
B.
The minimum setback from adjacent residential properties shall be
twice that otherwise required in the district in which the property
is located.
C.
The Planning Board may impose such conditions as it deems necessary
to avoid or minimize traffic impacts and the impairment of the use,
enjoyment and value of property in the area.
[1]
Editor’s Note: This local law was adopted as a remedial
measure and also stated in Section 10 that any approvals issued under
L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered
valid notwithstanding the readoption of this law.
A.
No structure or combination of structures for said
temporary use shall exceed 1,000 square feet in gross floor area.
B.
No permanent structures shall be constructed for a
temporary use.
C.
No new or expanded parking area shall be constructed
for a temporary use.
D.
Such uses shall only be permitted on lots with frontage on a state
or county road and only where the use derives its primary access from
such road.
[1]
Editor’s Note: This local law was adopted as a remedial
measure and also stated in Section 10 that any approvals issued under
L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered
valid notwithstanding the readoption of this law.
E.
Special functions shall not exceed 25 days. Seasonal
uses shall not exceed 99 days.
F.
The property shall be restored to a condition approved
by the Planning Board.
G.
The Planning Board may impose such conditions as it
deems necessary to avoid or minimize traffic impacts and the impairment
of the use, enjoyment and value of property in the area.
H.
The Zoning Administrator may issue a permit for a temporary outdoor
sales or promotions use and temporary signage not exceeding 50 square
feet in area without Planning Board approval for a period not to exceed
25 days in length nor more than three times per year per principal
use, provided the temporary use:
(1)
Is accessory and incidental to an existing permitted principal use
on the site;
(2)
Does not require any improvements to the site;
(3)
Is located on a lot with frontage on a state or county road and where
the use derives its primary access from such road;
(4)
Conforms to all required setbacks for the district in which it is
located; and
(5)
Does not pose any safety concerns as determined by the Zoning Administrator.
[2]
Editor’s Note: This local law was adopted as a remedial
measure and also stated in Section 10 that any approvals issued under
L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered
valid notwithstanding the readoption of this law.
[Amended 2-25-2013 by L.L. No. 9-2013; 9-9-2013 by L.L. No.
13-2013]
A.
A temporary
housing unit or an elderly cottage housing opportunity (ECHO) consists
of a separate, detached or impermanently attached, temporary dwelling
unit, containing its own cooking, sanitary and sleeping facilities,
accessory and incidental to a one-family dwelling. Such temporary
housing unit shall be only for the use of and occupancy by not more
than two residents, one of whom must be over 65 years of age and unable
to live independently because of mental or physical illness or disability.
Clear and convincing proof of compliance with the age requirement,
and proof of illness or disability certified by a physician licensed
to practice medicine in New York State must be submitted to the Town.
B.
One temporary
housing or ECHO unit shall be permitted on a lot which meets the minimum
dimensional requirements of the district in which it is located. Notwithstanding
the above, the minimum lot size on which a temporary housing or ECHO
unit may be located shall be 20,000 square feet.
C.
The exterior
of the temporary housing or ECHO unit shall be compatible with principal
residences in the neighborhood in terms of color, siding, roof pitch,
window detailing and roofing materials. A separate outside access
to the temporary housing or ECHO unit must be provided.
D.
The temporary
housing or ECHO unit shall be not less than 250 square feet nor more
than 500 square feet in gross floor area. It shall not exceed 15 feet
nor one story in height. The unit shall not be located in the front
yard and shall conform to all other setbacks and dimensional requirements
for a principal dwelling of the district in which it is located.
E.
Dutchess
County Health Department approval of the additional use must be obtained.
F.
Construction
of the temporary housing or ECHO unit shall conform to all applicable
laws, regulations, codes and ordinances.
G.
The temporary
housing or ECHO unit shall be constructed so as to be readily removable,
so that the lot can readily be restored to its prior condition. No
permanent fence, wall or structure which would impede such removal
shall be permitted.
H.
The use
shall terminate at the death or permanent change of residence of the
original occupant(s) of the ECHO unit. The unit shall be removed and
the lot shall be restored to its prior condition within 90 days of
such termination. In the event that the unit is not removed by the
end of such period, the Town has the right to cause the unit to be
removed and to charge back such cost to the property owner directly
or in the form of a lien on the property.
[Amended 11-12-2013 by L.L. No. 14-2013]
A guest cottage or caretaker dwelling shall be subject to the
following standards or restrictions:
A.
The minimum lot area shall be 10 acres.
B.
Not more than one guest cottage or caretaker dwelling shall be permitted
per lot.
C.
Each structure shall be placed in a manner that will allow a future
subdivision based upon compliance with current zoning regulations.
D.
Each structure shall contain at least 800 square feet of usable floor
area. However, no such structure shall contain in excess of 60% of
the gross floor area of the principal dwelling or 1,800 square feet,
whichever is less.
A.
The minimum lot area shall be two acres.
B.
No more than 50 memberships per acre shall be permitted.
C.
The minimum required setbacks for a recreation facility
shall be twice those otherwise required in the zoning district in
which the lot is located or twice those of an adjacent residential
district, whichever is greater. The Planning Board may reduce such
additional setback requirements where topography or other factors
make such setbacks unnecessary.
D.
A building or structure used for a club for other
than a recreational or athletic purpose shall have setbacks of at
least 300 feet from residential properties and at least 200 feet from
schools, places of worship and hospitals.
E.
The Planning Board may impose such conditions as it
deems necessary to avoid or minimize traffic impacts and the impairment
of the use, enjoyment and value of property in the area.
F.
The lot shall have frontage on a state or county road and the use
shall derive its primary access from such road.
[1]
Editor’s Note: This local law was adopted as a remedial
measure and also stated in Section 10 that any approvals issued under
L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered
valid notwithstanding the readoption of this law.
[Amended 4-27-2015 by L.L. No. 1-2015; 1-30-2017 by L.L. No. 1-2017[1]; 5-14-2018 by L.L.
No. 6-2018]
A.
Private camps shall only be in operation from April 1 through October
31.
B.
Private camp facilities shall be limited to campsites for tent stands,
pop-up campers, shelters, and shower and bathroom facilities. Private
camps may include one dwelling unit to be occupied by the owner, caretaker
or superintendent and family only. Private camps may also include
one building not to exceed 200 square feet in floor area for an office
and convenience store, one storage shed not to exceed 200 square feet
in floor area, and one pavilion.
C.
A private camp must have a minimum lot area of 20 acres and 100 feet
of frontage on a public highway and derive its primary access from
such road.
D.
All buildings, structures and recreational facilities shall be set
back from adjacent residential lot lines at least 100 feet.
E.
Private campsites and camp facilities shall be constructed and operated
so as to minimize disturbance to surrounding properties. The Planning
Board shall attach such conditions to its approval and may require
such noise abatement, fencing and/or landscaping as are necessary
to protect surrounding properties from excessive light, noise and
other nuisances and hazards which may be inherent in the operation
of the private camp.
F.
The discharge of firearms, bows and arrows or any other dangerous
weapons shall be expressly prohibited at a private camp.
G.
Outdoor public address systems shall be prohibited at a private camps. Private camps shall comply with Chapter 166, Noise, of this code.
H.
The private camp's water supply and sewage disposal facilities shall
be subject to approval by the Dutchess County Department of Health,
as applicable.
[1]
Editor’s Note: This local law was adopted as a remedial
measure and also stated in Section 10 that any approvals issued under
L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered
valid notwithstanding the readoption of this law.
A.
The minimum lot area shall be six acres.
B.
A maximum of 20 beds per acre shall be permitted in
any such use.
C.
The lot shall have frontage on a state or county road and the use
shall derive its primary access from such road.
[1]
Editor’s Note: This local law was adopted as a remedial
measure and also stated in Section 10 that any approvals issued under
L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered
valid notwithstanding the readoption of this law.
D.
Dutchess County Health Department approval for sewer
and water services shall be required prior to issuance of the permit.
A.
The minimum lot area shall be two acres.
B.
Sufficient aisle(s) and loading space(s) shall be
provided on-site to permit a minimum of eight cars forming a procession.
C.
The lot shall have frontage on a state or county road and the use
shall derive its primary access from such road.
[1]
Editor’s Note: This local law was adopted as a remedial
measure and also stated in Section 10 that any approvals issued under
L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered
valid notwithstanding the readoption of this law.
D.
An accessory dwelling unit for the manager or on-site
custodian may be allowed.
E.
Dutchess County Health Department approval for sewer
and water services shall be required prior to issuance of any permit.
A.
The minimum lot area shall be two acres.
B.
The lot shall have frontage on a state or county road and the use
shall derive its primary access from such road.
[1]
Editor’s Note: This local law was adopted as a remedial
measure and also stated in Section 10 that any approvals issued under
L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered
valid notwithstanding the readoption of this law.
C.
An accessory dwelling unit for the manager or on-site
custodian may be allowed.
D.
Licensing by the New York State Department of Social
Services shall be required.
A.
The minimum lot area shall be three acres.
B.
Ten visitor parking spaces, plus two parking spaces
for each three employees, shall be provided. Vehicles awaiting repairs
shall be located in an area that is screened from public view.
C.
Overhead garage doors providing access to maintenance
and repair facilities shall not be located facing any street and shall
be visually buffered from surrounding residential districts.
D.
It has been determined by the Wappinger Town Board
that large unbuffered expanses of parked, stored and/or displayed
vehicles represent an impairment to the visual environment of the
Town. The Town Board's purpose in promulgating the following provisions
is to minimize such impairment while balancing the rights of the business
community with those of the general public. The number of vehicles
on any given site shall not exceed a maximum of 70 per gross acre;
this maximum density pertains to all vehicles on the site, including
but not limited to display, storage, repair, customer and employee
vehicles. Said vehicles shall be confined to the portions of the site
designated for them on the approved site plan. Further, the parking,
storage and display of vehicles along the site's roadway frontage(s)
shall not exceed a maximum of one vehicle for every 40 feet of frontage.
The densities of vehicles specified in this section may be achieved
if, in the Planning Board's opinion, the site can accommodate such
densities without resulting in adverse visual impact; the site characteristics
to be evaluated in this regard shall include but not necessarily be
limited to the size and shape of the lot, the size and shape of the
building, existing and proposed vegetation and the site's topography.
The Planning Board shall also have the authority to require berming
and/or substantial year-round vegetative screening along the site's
frontage(s) where the Board deems that a sufficient display of vehicles
is achieved. Further, the Planning Board shall have the authority
to determine whether any outdoor lifts for the parking, display or
storage of vehicles shall be permitted.
E.
All automobile parts, partially dismantled motor vehicles
or similar articles shall be stored within a building. All repair
and service work shall be conducted entirely within either a building
or, where deemed appropriate by the Planning Board due to such factors
as the size of the property involved and/or its location, shall be
conducted entirely within a fenced-in area in which such work is visually
screened from all adjoining properties and roadways. Vehicles requiring
such work shall not be stored outdoors for a period exceeding 14 days,
unless such vehicles are entirely located within a fenced-in area
and are visually screened from all adjoining properties and roadways.
F.
Use of a building for residence or sleeping quarters
shall not be permitted.
G.
Notwithstanding requirements to the contrary, the sale of small motor vehicles less than 1,500 pounds' gross weight, such as go-carts, jet skis, and motorcycles, shall be permitted and regulated as a retail use, provided there is no outdoor storage; the floor area for the use is less than 5,000 square feet; and, with the exception of the minimum acreage requirements, the use meets all other requirements of § 240-67.
[Added 9-24-2001 by L.L. No. 5-2001;
amended 8-28-2006 by L.L. No. 7-2006]
A.
The minimum lot area shall be seven acres.
B.
Ten visitor parking spaces, plus two parking spaces
for each three employees, shall be provided.
C.
Outdoor storage and display will be allowed, provided
that such storage/display areas are screened from all streets and
residential areas. Such storage/display area shall not encroach on
any yard setback, nor be located in any designated landscaping/buffer
area set forth on the approved site plan.
[Amended 9-24-2001 by L.L. No. 5-2001; 8-28-2006 by L.L. No.
7-2006; 9-9-2013 by L.L. No. 13-2013]
A.
The minimum lot area shall be two acres.
B.
Ten visitor parking spaces, plus two spaces for each three employees,
shall be provided. Towed vehicles and vehicles awaiting servicing/repairs
shall be located in an enclosed area and only in a side yard or rear
yard, unless waived by the Planning Board.
C.
Towed vehicles and vehicles for repair or service shall be parked
or stored on those portions of the site designated for such storage
or parking as shown on the approved site plan. Partially dismantled
vehicles shall not be stored in any required yard setback nor be located
in any buffer strip required by this chapter, except where the Planning
Board determines that an adequate buffer will be provided to protect
adjacent properties and uses and that the appearance of such storage
will not result in adverse visual impact.
D.
No outdoor sales or display of vehicles for sale shall be permitted.
E.
All automobile parts or similar articles shall be stored within a
building. All repair and service work, including car washing, but
excluding emergency service and the sale of fuel and lubricants, shall
be conducted entirely within either a building or, where deemed appropriate
by the Planning Board due to such factors as the size of the property
involved and/or its location, shall be conducted entirely within a
fenced-in area in which such work is visually screened from all adjoining
properties and roadways.
F.
The lot on which the subject use is located shall not be permitted
within 200 feet of lots containing places of worship or schools.
G.
Use of a building for any residence or sleeping quarters shall not
be permitted.
[Added 6-12-2017 by L.L.
No. 3-2017]
A.
The use may only be permitted on a lot containing four or more acres.
B.
The lot in which the subject use is located shall not be permitted
within 200 feet of lots containing places of worship or schools.
C.
No portion of the building in which a restoration or rehabilitation
occurs shall be used as a residence or sleeping quarters.
D.
There shall be a minimum of five visitor parking spaces plus one
space for each employee.
E.
Antique vehicles awaiting restoration shall be located within a building
or within an outdoor storage area, except that the Planning Board
may permit the parking of up to 14 antique passenger motor vehicles
in an approved parking lot so long as such vehicles are duly registered
and in good repair and the automotive body physically appears to be
in operating condition. Such vehicles shall not have missing body
parts and shall not be covered with tarps or other coverings.
G.
No more than 18 antique passenger motor vehicles may be stored in
all the outdoor storage areas on the lot.
H.
A maximum of four pads for display of fully restored antique vehicles
are permitted on the lot.
I.
All restoration, rehabilitation, painting and related work, including
car washing, of such antique passenger motor vehicles shall be conducted
within a building.
J.
There shall be no outdoor repairs, painting or storage of materials,
parts, equipment of any kind or nature whatsoever, except as provided
above.
K.
The sale of a passenger motor vehicle may be permitted as an accessory
use in connection with the restoration of antique passenger motor
vehicles, provided that no more than seven antique passenger motor
vehicles are sold in a single year.
[Amended 9-9-2013 by L.L. No. 13-2013]
A.
In residential districts, the minimum lot area shall be seven acres
for veterinarian offices, and shall be 10 acres for pet day care,
commercial kennels or any facilities with outdoor runs. In nonresidential
districts, the minimum lot area shall be two acres for any facilities
with outdoor runs.
B.
All facilities shall be centrally located on the property to allow
for adequate distance from the property line to reduce the effect
of barking animals.
C.
The Planning Board may impose such conditions as it deems necessary
to avoid or minimize traffic, noise and odor impacts and impairment
of the use, enjoyment and value of property in the area.
D.
For veterinarian offices, pet day care and commercial kennels located
within a residential district, one nonilluminated freestanding identification
sign, not to exceed two sides of six square feet in area per side,
shall be permitted. The appearance, size and location of the sign
shall be subject to the approval of the Planning Board.
E.
The lot and structures shall conform to the dimensional requirements
of the district in which the property is located.
A.
No outdoor public address system shall be permitted
unless specifically approved by the Planning Board and where such
Board has determined that the use of such system will not be a nuisance
to the surrounding area.
B.
The Planning Board may impose such conditions as it
deems necessary to avoid traffic, noise, odor, lighting impacts and
the impairment of the use, enjoyment and value of property in the
area.
C.
Where abutting a residential district, all commercial
recreation uses, structures and activities shall be set back twice
the otherwise applicable requirement of the district in which the
property is located or twice that of an adjacent residential district,
whichever is greater. The Planning Board may reduce such additional
requirement where topography or existing or proposed buffer landscaping
or some other means will provide adequate protection of the surrounding
properties.
A.
The minimum lot area shall be 40,000 square feet and all structures
must conform to the dimensional requirements of the zoning district
in which the property is located.
[1]
Editor’s Note: This local law was adopted as a remedial
measure and also stated in Section 10 that any approvals issued under
L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered
valid notwithstanding the readoption of this law.
B.
Bed-and-breakfast establishments shall only be permitted
within an existing detached one-family dwelling which is at least
15 years old. No additions shall be permitted to create additional
guest rooms. No guest rooms or meals shall be permitted in an accessory
structure.
C.
The property owner or proprietor shall occupy the
premises as their primary residence.
D.
Two parking spaces, plus one parking space for each
guest room, shall be provided. Parking is prohibited in the front
yard unless screened and determined by the Planning Board to be compatible
with the surrounding area.
E.
Guest occupancy shall not exceed 14 days within any
thirty-day period.
F.
Only resident guests may be served meals. No cooking
shall be permitted within guest rooms.
G.
Dutchess County Health Department approval of the
water supply and sewage disposal systems shall be required prior to
the issuance of any permit or certificate.
H.
One identification sign, not to exceed two sides of
two square feet in area per side shall be permitted. The appearance,
size and location of the sign shall be subject to the approval of
the Planning Board. Said sign may be illuminated.
I.
The Planning Board may impose conditions as it deems
necessary to avoid or minimize traffic impacts and the impairment
of the use, enjoyment and value of property in the area.
J.
A bed-and-breakfast establishment shall not be permitted
on a lot where the dwelling also contains a home occupation as an
accessory use or a professional home office use.
K.
A bed-and-breakfast establishment shall be permitted
only where all structures on the premises are in a reasonable state
of repair and modernization and where all structures and any new construction
undertaken for the bed-and-breakfast establishment shall be in compliance
with the New York State Uniform Fire Prevention and Building Code
as well as all other applicable regulations. The Building Inspector
shall inspect the premises and shall report on the condition of structures
on the premises to the Planning Board. No permit shall be granted
until all outstanding violations of the Building Code and Zoning Law
are corrected. All conditions of the special permit must be complied
with and shall be subject to inspection by the Building Inspector.
L.
In making its determination on the special permit,
the Planning Board shall also give consideration to the character
of the existing and future uses in the immediate vicinity of the proposed
bed-and-breakfast establishment, including the exterior appearance
of one-family dwellings. The building in which the bed and breakfast
establishment is located must continue to appear to be a one-family
dwelling.
M.
In addition to the information required in Article IX herein, the owner-applicant shall present to the Planning Board a floor plan of each habitable floor of the building with all interior dimensions, including windows and doors and with an assignment of spaces to the proposed dwelling units and guest rooms, including types of rooms. All plans shall be prepared in sufficient detail and by a person of adequate qualifications to enable the Planning Board to understand and decide upon the acceptability of the proposal.
N.
The special permit shall be issued to the owner(s)
of the property. Should there be a change in ownership or if the premises
is no longer occupied by the owner or proprietor as their primary
residence, the special permit and the certificate of occupancy for
the bed-and-breakfast establishment shall be in need of renewal.
O.
Terms of permit.
(1)
The initial permit shall be valid for a period of
two years, at which time the owner-applicant must appear before the
Planning Board and request a renewal of such permit. Subsequent thereto,
the special permit shall be valid for a period not to exceed five
years, the exact term to be determined by the Planning Board upon
its issuance of a renewal special permit. Within 90 days of the end
of such period, the owner-applicant shall request the Building Inspector
to renew the permit or the applicant shall notify the Building Inspector
of the owner-applicant's intent to discontinue the permit. The Building
Inspector shall renew the permit if all conditions of the original
permit are still satisfied. Otherwise, the Building Inspector shall
not renew the permit and the premises shall immediately revert to
a one-family dwelling and the identification sign shall be removed.
(2)
The owner of the property shall be required to file
on the subject property a declaration of covenants at the Dutchess
County Clerk's office prior to the issuance of a certificate of occupancy
for a bed-and-breakfast establishment. This declaration shall be in
favor of the Town of Wappinger and shall state that:
(a)
Upon the death of the undersigned or the survivor
of the undersigned or upon the transfer of title to said premises
or upon the undersigned or proprietor no longer occupying the premises
as his or her primary residence, the new owner shall apply to the
Planning Board for a renewal of the special permit in accordance with § 240-73P(1)
of the Town of Wappinger Zoning Law.
(b)
The new owner of the premises shall have to
apply to the Planning Board for a renewal of the special permit to
continue the bed-and-breakfast establishment use.
(c)
The Building Inspector shall have the right
to inspect the premises upon reasonable notice to the owner.
P.
A bed-and-breakfast establishment may be located on property used
for agricultural purposes.
[Added 9-9-2013 by L.L. No. 13-2013]
A.
The applicant shall demonstrate to the satisfaction
of the Planning Board that there is adequate land area for the number
and type of animals to be raised and kept on the property.
B.
No storage of manure or any other odor- or dust-producing
substance or operation shall be permitted within 100 feet of a street
or property line, nor within 150 feet of a watercourse or wetlands
area, unless the storage is within a fully enclosed building.
C.
No building housing horses shall be permitted within
100 feet of any perimeter property line of the site.
D.
Accessory living quarters which share a common cooking
and dining facility may be provided for the exclusive use of grooms
and other employees required to care for or train horses stabled on
the site. There shall be no more than one such employee residing on
the premises for each four horses stabled, up to a maximum of five
such employees. Any such accessory living quarters contained within
a detached one-family dwelling shall be placed in a manner that will
allow a future subdivision based upon compliance with current zoning
regulations.
E.
No events, competitions or shows shall be allowed
except where specifically permitted by the Planning Board.
F.
No outdoor lighting shall be permitted, except for
normal security lighting in accordance with a plan approved by the
Planning Board.
G.
No outdoor loudspeakers or other forms of public address
system shall be permitted.
H.
The Planning Board or its duly authorized representative
shall be granted the right, upon reasonable notice to the property
owner, to conduct inspections of the riding academy or commercial
stable to ensure compliance with the conditions of special permit
and site plan approvals.
I.
The Planning Board may require any other additional
requirements as deemed necessary to avoid or minimize noise, odor,
nuisance or traffic impacts and the impairment of the use, enjoyment
and value of property in the area.
A.
Legislative intent. The Town Board hereby finds that
certain business activities, by their nature, have serious objectionable
operational characteristics which can lead to significant impact on
the surrounding community. The Town Board further finds that the uncontrolled
proliferation of such uses would be inconsistent with the existing
development and future plans for the Town of Wappinger in that they
often result in influences on the community which increase the crime
rate and undermine the economic, physical and social welfare of the
community. Such uses have been found to contribute to the blighting
of surrounding residential and commercial areas as a result of the
related potential for an increase in crime and the undermining of
the economic and social welfare of the community and by deterring
investment in and improvement of surrounding properties. Such uses
can adversely impact the general health, safety and economic well-being
of the entire community. Further, the location of these uses may be
in areas where youth may regularly assemble and the general atmosphere
encompassing their operation is of great concern to the Town Board.
The purpose of this section is to prevent the unrestricted proliferation
or concentration of such businesses, to specifically limit and reduce
their potential accessibility to children and to ensure that the effects
of such businesses will not adversely affect the health, safety and
economic well-being of the community, by enacting criteria for the
establishment of adult uses in the Town.
B.
Standards. To help achieve the above-stated goals and to promote the objectives of the Town Comprehensive Plan, the granting of site plan approval by the Planning Board shall be subject to the following requirements, in addition to the requirements of site plan approval in Article IX herein.
(1)
Not more than one adult use shall be permitted on
any lot.
(2)
No adult use shall be permitted on any lot which is
located within 2,500 feet of any other lot containing an adult use.
(3)
No adult use shall be permitted in any building which
is located within 400 feet of any residential zoning district.
(4)
No adult use shall be permitted in any building which
is located within 400 feet of any lot on which there is located a
school, day-care center, place of worship or other religious institution,
community center, public park or playing field.
(5)
All building openings, including doorways and windows,
shall be located, covered or screened in such a manner as to prevent
a view into the adult use from outdoors.
(6)
A condition of the approval of all adult uses shall
be a restriction that no person under the age of 18 years shall be
permitted into or on the premises of such use.
(7)
A further condition of the approval of all adult uses shall be the restriction that there shall be no outdoor display or advertising of any kind, other than one business identification sign complying with all signage requirements as set forth in § 240-29 herein.
(8)
No adult use shall be permitted in any building which
is used in whole or in part for residential purposes. No residential
use shall be established in a building of which any part is used as
an adult use.
(9)
Adult uses shall comply with all other requirements
of the Zoning Law as well as all applicable town, county, state and
federal laws and regulations.
(10)
Any adult use which is lawfully in existence
on the date on which the provisions of this section become effective
shall be permitted to continue, provided that said use is registered
with the Zoning Administrator within 30 days of said date, and further
provided that it is established to the satisfaction of the Zoning
Administrator that said use complies with all applicable requirements
as set forth herein.
(11)
The owner or operator of each adult use shall
specify, with appropriate documentation, the amount of its capital
investments upon registering such use with the Zoning Administrator
and shall provide such documentation as the Zoning Administrator shall
require to establish such amount. The term "capital investment," as
used above, shall mean the initial outlay of money or other consideration
by the owner or operator to establish the adult use as of the date
of the enactment of these regulations, exclusive of the fair market
value of the structure and land in/on which the adult use is located.
(12)
Any adult use which is lawfully in existence
on the date on which the provisions of this section become effective
and which registers with the Zoning Administrator within the required
30 days, but which cannot establish to the satisfaction of the Zoning
Administrator that said use complies with the requirements of this
chapter, shall be brought into compliance with the requirements of
this chapter within an additional 30 days or shall be discontinued
on or before the date specified in accordance with the following amortization
schedule:
|
Capital Investment as of the Effective
Date of This Section
|
Date on or Before Which Use Shall Terminate
| |
|---|---|---|
|
$0 to 25,000
|
December 31, 1996
| |
|
$25,001 to $50,000
|
December 31, 1997
| |
|
$50,001 to $75,000
|
December 31, 1998
| |
|
$75,001 to $100,000
|
December 31, 1999
| |
|
More than $100,000
|
December 31, 2000
|
(13)
Any adult use which fails to register with the
Zoning Administrator within 30 days of the date on which the provisions
of this section become effective shall be in violation of this chapter
and subject to all penalties applicable thereto.
A.
No outdoor public address system shall be permitted
unless specifically approved by the Planning Board and where such
Board has determined that the use of such system will not be a nuisance
to the surrounding area.
B.
The Planning Board may impose such conditions as it
deems necessary to avoid traffic, noise, odor, lighting impacts and
the impairment of the use, enjoyment and value of property in the
area.
C.
Where a use such as a hotel contains an entertainment
use, said entertainment use shall comply with the two subsections
listed immediately above.
Cemeteries shall be subject to the review and
approval of all county and state agencies which may have jurisdiction
thereon.
A.
All equipment, materials and activities shall be contained
entirely in either fully enclosed buildings or, where deemed appropriate
by the Planning Board due to such factors as the size of the property
involved and/or its location, shall be contained entirely in fenced-in
areas which are visually screened from all adjoining properties and
roadways.
B.
The subject use shall not result in the production
of any hazardous wastes.
A.
Legislative intent. The Town Board hereby finds that
certain business activities, by their nature, have serious objectionable
operational characteristics which can lead to significant impact on
the surrounding community. The Town Board further finds that the uncontrolled
proliferation of such uses would be inconsistent with the existing
development and future plans for the Town of Wappinger in that they
often result in influences on the community which undermine the economic,
physical and social welfare of the community. Such uses have been
found to contribute to the blighting of surrounding residential and
commercial areas as a result of the related potential for the undermining
of the economic and social welfare of the community and by deterring
investment in and improvement of surrounding properties. Such uses
can adversely impact the general health, safety and economic well-being
of the entire community. Further, the location of these uses may be
in areas where youth may regularly assemble and the general atmosphere
encompassing their operation is of great concern to the Town Board.
The purpose of this section is to prevent the unrestricted proliferation
or concentration of such businesses, to specifically limit and reduce
their potential accessibility to children and to ensure that the effects
of such businesses will not adversely affect the health, safety and
economic well-being of the community, by enacting criteria for the
establishment of tattoo parlors in the Town.
B.
Standards. To help achieve the above-stated goals and to promote the objectives of the Town Comprehensive Plan, the granting of special permit approval by the Planning Board shall be subject to the following requirements in addition to the requirements of special permit approval in § 240-44 herein.
(1)
Not more than one tattoo parlor shall be permitted
on any lot.
(2)
No tattoo parlor shall be permitted on any lot which
is located within 2,500 feet of any other lot containing a tattoo
parlor.
(3)
No tattoo parlor shall be permitted in any building
which is located within 400 feet of any residential zoning district.
(4)
No tattoo parlor shall be permitted in any building
which is located within 400 feet of any lot on which there is located
a school, day-care center, place of worship or other religious institution,
community center, public park or playing field.
(5)
No tattoo parlor shall be permitted in any building
which is used in whole or in part for residential purposes. No residential
use shall be established in a building of which any part is used as
a tattoo parlor.
(6)
Tattoo parlors shall comply with all other requirements
of the Zoning Law as well as all applicable Town, county, state and
federal laws and regulations.
[Added 1-26-1998 by L.L. No. 1-1998]
A.
The minimum lot area shall be one acre.
B.
No more than two residents shall be allowed to occupy
any room in a congregate care facility. Each room in the facility
shall have at least 200 square feet of gross floor area, including
a bathroom. As part of the special permit, the Planning Board may
permit the existing facility to be expanded by not more than 19,000
square feet, provided that all applicable parking, septic and well
requirements are met. In no event shall the floor area ratio exceed
0.5.
C.
The property must have frontage on and practical access
to a state highway to ensure adequate service, emergency vehicle and
van access.
D.
Dutchess County Health Department approval for sewer
and water services shall be required prior to issuance of the permit.
E.
The facility to be converted must be located in the
GB General Business Zone and be a lawfully existing hotel or motel
existing as of January 1, 1997.
F.
The facility shall comply with all applicable new
York State requirements.
G.
The facility must obtain site plan review and establish:
(1)
Provision of adequate parking to meet facility needs.
At least one parking space shall be provided for every three beds
in the facility. However, the Planning Board may reduce permitted
parking to a level of not less than one space per every four beds,
upon submission of satisfactory proof that such parking will be adequate
to the needs of the facility. Proof of the parking demands generated
over a period of 18 months of facilities operation at a rate of at
least eighty-percent occupancy shall be deemed adequate information
upon which the Planning Board can make the determination as to whether
or not to allow reduced parking. The Planning Board may permit all
or part of the required off-street parking spaces to be located on
any lot within 1,000 feet of the congregate care facility if the Board
determines it is impractical to provide parking on the same lot with
the facility, but in no event shall the parking for the facility take
place in a residential district.
(2)
Provision of adequate recreation facilities, including
indoor activity space.
(3)
Adequate access for ambulance and/or other emergency
services and deliveries.
[Added 4-27-1998 by L.L. No. 4-1998]
A.
This section shall provide standards and requirements
for the regulation and placement of telecommunications towers, antennas
and personal wireless service facilities in the Town of Wappinger.
B.
Legislative intent and purpose. The purpose of regulating
telecommunications towers, antennas and personal wireless facilities
and towers is to:
(1)
Preserve the character and appearance of the Town
of Wappinger while allowing adequate personal wireless services to
be developed.
(2)
Protect the scenic, historic, environmental and natural
or man-made resources of the community.
(3)
Provide standards and requirements for the regulation,
placement, design, appearance, construction, monitoring, modification
and removal of personal wireless service facilities.
(4)
Establish a systematic review process that ensures
action within a reasonable period of time for requests for authorization
to place, construct, operate or modify personal wireless service facilities.
(5)
Preserve property values.
(6)
Minimize the total number and height of towers and
antennas throughout the community, consistent with the need to provide
adequate service.
(7)
Locate towers and antennas so that they will not create
an attractive nuisance, noise or harm from falling objects and otherwise
will not have any other potential adverse impact on property values,
the health, safety, welfare and quality of life in the community.
(8)
Require owners of towers and personal wireless service
facilities to configure them so as to minimize and mitigate the adverse
visual impact of the towers and facilities.
(9)
Require tower sharing and the clustering of personal
wireless service facilities where feasible.
C.
Consistency with federal law. These regulations are
intended to be consistent with the Telecommunications Act of 1996
in that:
(1)
They do not prohibit or have the effect of prohibiting
the provision of personal wireless services;
(2)
They are not intended to be used to unreasonably discriminate
among providers of functionally equivalent services; and
(3)
They do not regulate personal wireless services on
the basis of the environmental effects of radio frequency emissions
to the extent that the regulated services and facilities comply with
the FCC's regulations concerning such emissions.
D.
Locational standards.
(1)
Telecommunications towers, antennas and personal wireless
service facilities are permitted in the following locations in order
of preference:
(a)
Locations with existing personal wireless service
facilities or telecommunication facilities or antennas, as these terms
are defined in the Zoning Law.
(b)
Parcels or rights-of-way used exclusively for
existing public utilities with preference to existing or proposed
water towers or other like structures.
(c)
Locations or facilities of commercial or nonresidential
uses.
(d)
If the applicant demonstrates in presenting the documentation required in § 240-81F that none of the locations set forth in § 240-81D(1)(a) through (c) are appropriate, then in that event, the applicant may request that telecommunications towers, antennas or personal wireless service facilities be permitted on any appropriate parcel subject to the conditions and criteria set forth in § 240-81 of the Zoning Law.
(2)
Repeaters may be installed within the locations set forth in § 240-81D(1).
(3)
No personal wireless service facility, tower or repeater
shall be erected, constructed or installed or undergo major modification
without first obtaining a special permit and site plan approval from
the special permit granting authority (SPGA) in accordance with the
requirements set forth herein.
(a)
One or both of two kinds of special permits
are required. If applicant is applying for both permits, they shall
be submitted and examined concurrently.
[1]
A facility/tower special permit (henceforth
"F/TSP") for new facility/tower construction (or major modification
of an existing facility).
[2]
A repeater special permit (henceforth "RSP")
for repeater(s) to be mounted on an existing or newly permitted tower
or other structure (or major modification of an existing structure).
(b)
For personal wireless service facilities or towers, a F/TSP is required. Applicant must submit all information required in § 240-81F(4).
(c)
For all repeaters proposed for installation, an RSP is required. An RSP may be applied for by an applicant who is currently applying for a F/TSP under § 240-81 of the Zoning Law or by an applicant who has previously received a F/TSP under § 240-81 of the Zoning Law or by an entity which is providing personal wireless services to the Town of Wappinger from a base station outside the Town. Applicant must submit all information required in § 240-81F(5).
(4)
There shall be no teleports within the Town of Wappinger.
E.
Exemptions.
(1)
No personal wireless service facility shall be considered
exempt from this section of the zoning regulations for any reason,
whether or not said facility is proposed to share a tower or other
structure with such exempt uses.
F.
Application requirements.
(1)
Review by independent consultants. In all cases where
the Town determined that a review by a qualified expert of the applicant's
application is warranted, the applicant shall be required to pay for
the cost of such review. This payment shall be made to the Town prior
to the review commencing and the decision being rendered on the application.
The consultants will work under the direction of the Town Planner.
Copies of the consultants' findings and reports shall be made available
to the applicant not less than seven days prior to any meeting of
the SPGA to consider the consultants' reports and the applicant shall
be given the opportunity to respond to said report, in writing, and
at the next hearing when the consultants' reports will be considered.
The consultants shall each be qualified professionals in one of the
following fields:
(2)
Identification of carrier. The proposed carrier shall
be identified as the applicant.
(3)
Adequate coverage, adequate capacity and justification
of need for F/TSP.
(a)
Applicant shall provide written documentation
of any facility site(s) in the Town of Wappinger, any sites in abutting
Towns and/or any facility site(s) outside the Town of Wappinger that
are within five miles of the proposed site in which the applicant
has a legal or equitable interest, whether by ownership, leasehold
or otherwise. For each such facility site, the applicant shall demonstrate
with written documentation that this facility site is not already
providing or does not have the potential, by adjusting the site, to
provide adequate coverage and/or adequate capacity to the Town of
Wappinger.
[1]
The documentation for each facility site listed
shall include:
[a]
The exact tower location (in longitude
and latitude, to degrees, minutes and seconds);
[b]
Ground elevation above mean sea
level at the tower location;
[c]
Height of tower or structure;
[d]
Type, manufacturer and model number
of antenna(s);
[e]
Antenna(s) gain;
[f]
Height of antenna(s) center line
on tower or structure;
[g]
Output frequency;
[h]
Number of channels;
[i]
Power input; and
[j]
Maximum ERP per channel.
[2]
Potential adjustments to these existing facility
sites, including changes in antenna(s) type, orientation, gain, height
or power output, shall be specified. Radial plots from each of these
facility sites as they exist and with adjustments as above shall be
provided as part of the application.
(b)
Applicant shall demonstrate with written documentation
that they have examined all existing facility sites in the Town of
Wappinger, any sites in abutting Towns and any sites outside the Town
of Wappinger that are within five miles of the proposed site in which
applicant has no legal or equitable interest, whether by ownership,
leasehold or otherwise, to determine whether those existing facility
sites can be used to provide adequate coverage and/or adequate capacity
to the Town of Wappinger.
[1]
The documentation for each existing facility
site examined shall include:
[a]
The exact tower location (in longitude
and latitude, to degrees, minutes and seconds);
[b]
Ground elevation above mean sea
level at the tower location;
[c]
Height of tower or structure;
[d]
Type, manufacturer and model number
of proposed antenna(s);
[e]
Proposed antenna(s) gain;
[f]
Height of proposed antenna(s) center
line on tower or structure;
[g]
Proposed output frequency;
[h]
Proposed number of channels;
[i]
Proposed power input; and
[j]
Proposed maximum ERP per channel.
[2]
Radial plots from each of these existing facility
sites, configured as documented above, shall be provided as part of
the application. In addition, the applicant shall provide a list of
all sites within a one-mile radius of the proposed location that have
been considered as alternative sites.
(c)
Distance from existing tower. The applicant
must certify that existing towers within 1,000 feet of the proposed
new tower do not meet the applicant's structural specifications or
technical requirements or that a collocation agreement could not be
obtained at reasonable terms and conditions, including price.
(d)
The applicant shall demonstrate with written documentation that it has analyzed the feasibility of repeaters or non-tower-mounted PWSF's in conjunction with all towers listed in compliance with § 240-81F(3)(a) and (b) above to provide adequate coverage and/or adequate capacity to the Town of Wappinger. Radial plots of all repeaters considered for use in conjunction with these towers shall also be provided as part of the application.
(4)
Required documentation for F/TSP.
(a)
Copies of all submittals and showings pertaining
to FCC licensing; tower registration; environmental impact statements;
FAA notice of construction or alteration; aeronautical studies; and
all data, assumptions and calculations relating to service coverage
and power density levels regardless of whether categorical exemption
from routine environmental evaluation under the FCC rules is claimed.
(b)
The exact legal name, address or principal place
of business and the phone number of the applicant. If any applicant
is not a natural person, documentation shall also give the state under
which applicant was created or organized.
(c)
The name, title, address and phone number of
the person to whom correspondence or communications in regard to the
application are to be sent. Notice, orders and other papers may be
served upon the person so named and such service shall be deemed to
be service upon the applicant.
(d)
Name, address, phone number and written consent
to apply for this permit, of the owner of the property on which the
proposed personal wireless service facility and/or tower shall be
located or of the owner(s) of the tower or structure upon which the
proposed personal wireless service facility shall be located.
(e)
Required plans and engineering plans prepared,
stamped and signed by a professional engineer licensed to practice
in the State of New York.[1] Plans shall be on twenty-four-inch-by-thirty-six-inch sheets, on as many sheets as necessary and at scales which are no smaller (i.e., no less precise) than listed below in § 240-81F(4)(f)[1] through [7]. Each plan sheet shall have a title block indicating the project title, sheet title, sheet number, date, revision dates, scale(s) and original seal and signature of the professional engineer and other professionals who prepared the plan.
[1]
Note: Survey plans shall also be stamped and
signed by a professional land surveyor registered in the State of
New York.
(f)
Applicant shall, as part of its application,
provide the SPGA with the following plans and maps:
[1]
Location map. Copy of a portion of the most
recent U.S.G.S. Quadrangle Map, 7.5 Minute Series, at a scale of 1
to 24,000 and showing the area within at least two miles from the
proposed tower site. Indicate the tower location and the exact latitude
and longitude (degrees, minutes and seconds).
[2]
Vicinity map at a scale of one inch equals 200
feet with contour intervals no greater than 10 feet showing the entire
vicinity within a one-thousand-foot radius of the property lines within
which the tower site is located, including topography, public and
private roads, buildings, bodies of water, wetlands, historic sites
and habitats for endangered species. Indicate any access easement(s)
or right(s)-of-way needed for access from a public way to the tower
and the names of all abutters or property owners along the access
easement(s) or who have deeded rights to the easement(s).
[3]
Existing conditions plan. A recent survey of
the tower site at a scale no smaller than one inch equals 40 feet
with topography drawn with a minimum of five-foot contour intervals,
showing existing utilities, property lines, existing buildings or
structures, stone walls or fence lines and wooded areas within a two-hundred-foot
radius from the base of the proposed tower. Show the boundary of any
wetlands, floodplains or watercourses within 200 feet from the tower
or any related facilities, access ways or appurtenances. The survey
plan must have been completed on the ground by a licensed land surveyor
within two years prior to the application date.
[4]
Proposed site plans. Proposed site layout, grading
and utilities at the same scale or larger than the existing conditions
plan.
[a]
Proposed tower location and any
appurtenances, including supports and guy wires, if any, and any accessory
building (communication equipment shelter or other). Indicate property
boundaries and setback distances to the base(s) of the tower and to
the nearest corners of each of the appurtenant structures.
[b]
Indicate proposed spot elevations
at the base of the proposed tower and at the base of any guy wires
and the corners of all appurtenant structures.
[c]
Proposed utilities, including distance
from source of power, sizes of service available and required, locations
of any proposed utility or communication lines and whether such lines
are underground or above ground.
[d]
Limits of areas where vegetation
is to be cleared or altered and justification for any such clearing
or alterations.
[e]
Any direct or indirect wetlands
alteration proposed.
[f]
Detailed plans for drainage of
surface and/or subsurface water, plans to control erosion and sedimentation
both during construction and as a permanent measure.
[g]
Plans indicating locations and
specifics of proposed screening, landscaping, ground cover, fencing
and any exterior lighting or signs.
[h]
Plans of proposed access driveway
or roadway and parking area at the tower site. Include grading, drainage,
traveled width and a cross section of the access drive indicating
the width, depth of gravel, paving or surface materials.
[5]
Proposed tower and appurtenances.
[a]
Plans, elevations and sections
details at appropriate scales, but no smaller than one inch equals
10 feet.
[b]
Two cross sections through the
proposed tower drawn at right angles to each other, showing the ground
profile to at least 100 feet beyond the limit of clearing and any
guy wires or supports. Show the dimension of the proposed height of
the tower above average grade at the tower base. Show all proposed
antennas, including their location on the tower.
[c]
Typical detail of tower foundation,
including cross sections and details. Show all ground attachments
and specifications for anchor bolts and other anchoring hardware.
[d]
Detail proposed exterior construction or finish of the tower in accordance with § 240-81G(10).
[e]
Indicate the relative height of
the tower to the tops of surrounding trees as they presently exist.
[f]
Illustration of the modular structure
of the proposed tower, indicating the heights of sections which could
be removed or added in the future to adapt to changing communications
conditions or demands and the maximum structurally allowable height
of the proposed tower.
[g]
A structural professional engineer's
written description of the proposed tower and structure and its capacity
to support additional antennas or other communications facilities
at different heights and the ability of the tower to be shortened
if future communications facilities no longer require the original
height and that the tower is designed to withstand winds in accordance
with the ANSI/EIA/TIA 222 standards (latest revision).
[h]
A description of available space
on the tower, providing illustrations and examples of the type and
number of personal wireless service facilities which could be mounted
on the structure.
[7]
Proposed equipment plan.
[a]
Plans, elevations, sections and
details at appropriate scales but no smaller than one inch equals
10 feet.
[b]
Number of antennas and repeaters
(if any), as well as the exact locations of all repeaters (if any)
located on a map as well as by degrees, minutes and seconds of latitude
and longitude.
[c]
Mounting locations on tower or
structure, including height above ground.
[d]
Antenna(s) types, manufacturer(s)
and model number(s).
[e]
For each antenna, the antenna gain
and the antenna radiation pattern.
[f]
Number of channels per antenna,
projected and maximum.
[g]
Power input to the antenna(s).
[h]
ERP in normal use and at maximum
output for each antenna and all antennas as an aggregate.
[i]
Output frequency(ies) of the transmitter(s).
[8]
Visual impact analysis.
[a]
A minimum of eight view lines in
a zero-to-two-mile radius from the site, shown beginning at true North
and continuing clockwise at forty-five-degree intervals.
[b]
A plan map of a circle two miles
in radius of the facility site on which any visibility of the proposed
tower from a public way shall be indicated.
[c]
Applicant shall utilize the U.S.G.S.
Quadrangle Map, at a scale of 1 to 25,000 and submit profile drawings
on a horizontal scale of one inch equals 400 feet, with a vertical
scale of one inch equals 40 feet. Trees shall be shown at existing
heights and at projected heights in 10 years.
[9]
Balloon test. Within 35 days of submitting an
application, applicant shall arrange to fly or raise upon a temporary
mast a three-foot diameter brightly colored balloon at the maximum
height of the proposed tower. The dates (including a second date in
case of poor visibility on the initial date), times and location of
this balloon test shall be advertised by the applicant at seven and
14 days in advance of the first test date in a newspaper with a general
circulation in the Town of Wappinger. The applicant shall inform the
SPGA, in writing, of the dates and times of the test at least 14 days
in advance. The balloon shall be flown for at least four consecutive
hours sometime between 9:00 a.m. and 5:00 p.m. of the dates chosen.
(5)
Application requirements for RSP. The use of repeaters to assure adequate coverage or to fill holes within areas of otherwise adequate coverage while minimizing the number of required towers is permitted and encouraged. An applicant who is currently applying for an RSP under § 240-81 of the Zoning Law or who has received and is in compliance with a current F/TSP under § 240-81 of the Zoning Law or an entity which is providing personal wireless services to the Town of Wappinger from a base station outside the Town may apply for an RSP.
(a)
Applicants shall provide the following information:
[1]
Configuration.
[a]
The exact location in longitude
and latitude, to degrees, minutes and seconds, as well as by street
address or pole number (if applicable);
[b]
Ground elevation;
[c]
Type, manufacturer and model number
of proposed repeater;
[d]
Height of proposed repeater above
ground;
[e]
Proposed output frequency;
[f]
Proposed number of channels;
[g]
Proposed power input; and
[h]
Proposed maximum power output per
channel.
[2]
Radial plots from any proposed repeater(s) configured
as documented above shall be provided as part of the application.
(b)
Name, address, phone number and written consent
to apply for this permit of the owner of the property on which the
proposed repeater shall be located and of the owner(s) of the tower
or structure on which the proposed repeater shall be located.
(c)
Proposed repeater site layout, grading and utilities
at a scale no smaller than one inch equals 40 feet (1 to 480 or metric
equivalent 1 to 500) showing the entire vicinity within a three-hundred-foot
radius of the repeater site with topography drawn with a minimum of
two feet (0.6 meter) contour interval.
[1]
Proposed repeater location and any appurtenances,
if any and any accessory building (communication equipment shelter
or other). Indicate property boundaries of abutters within 300 feet
of the repeater and dimensions of all proposed improvements.
[2]
Limits of areas where vegetation is to be cleared
or altered and justification for any such clearing or alteration.
[3]
Plans of any proposed access driveway or roadway
and parking area at the repeater site. Include grading, drainage,
traveled width and a cross section of the access drive indicating
the width, depth of gravel, paving or surface materials.
G.
General requirements for F/TSP(s).
(1)
The applicant shall provide a written, irrevocable
commitment valid for the duration of the existence of the tower, to
the extent structurally and electromagnetically able, to rent or lease
available space for collocation on the tower at fair market prices
and terms, without discrimination to other personal wireless service
providers.
(2)
A special permit shall not be granted for a tower to be built on speculation. If applicant is not simultaneously installing a personal wireless service facility on the tower, it shall provide a copy of its existing lease/contract with a personal wireless service provider. Said provider shall provide all necessary data to comply with the terms of § 240-81 of the Zoning Law as a part of applicant's application for an F/TSP or the special permit shall not be granted.
(3)
Non-tower-mounted PWSF's (structure or rooftop mounted
personal wireless service facilities). Structure or rooftop mounted
personal wireless service facilities shall meet the following requirements:
(a)
They shall not be attached to a one-family to
four-family dwelling nor to an accessory building located on a lot
containing a one-family to four-family dwelling;
(b)
They shall be of a color or material that matches
the exterior of the building or structure;
(c)
If roof mounted, they shall not exceed a height
of 15 feet above the highest part of the structure or building; and
(4)
Siting objectives.
(a)
Towers and personal wireless service facilities
shall be located so as to minimize the following potential impacts:
[1]
Visual/aesthetic. Towers shall, when possible,
be sited where their visual impact is least detrimental to highly
rated scenic and historic areas, including ridge lines, properties
listed in the State or Federal Register of Historic Places and scenic
roadways.
[2]
Diminution of residential property values. To
the extent possible, siting shall be in as low population density
areas as possible.
[3]
Safety. In cases of structural failure and attractive
nuisance, towers shall, when possible, not be sited in floodplain
zones or special flood hazard areas.
[4]
Safety from excessive electromagnetic radiation.
In case the tower or personal wireless service facility is found to
exceed the FCC guidelines.
[5]
Environmental degradation. Towers shall, when
possible, be sited to avoid affecting rare or endangered flora and
fauna. They should also be sited, when possible, away from wetland
areas.
[6]
If the facility or tower site is in a wooded
area, a vegetated buffer strip of undisturbed trees of at least 100
feet in depth (or less if determined by the SPGA to be sufficient)
shall be retained as close to the tower as possible, but in all cases
there shall be no clearing at a distance in excess of 25 feet in radius
from the base of the tower, except where the access drive is located.
(b)
The following locations are ranked in order
of preference:
[1]
Placement in existing structures such as buildings,
smokestacks, water towers, silos and ground signs shall be encouraged.
[2]
Shared use of existing towers shall be encouraged.
[3]
Clustering of towers. Applications for towers
adjacent to existing towers shall be encouraged.
[4]
The use of land distant from higher density
residential properties and where visual impact can be minimized shall
be encouraged.
[5]
The use of lands in areas of high-density residential
properties is the least preferable selection.
(c)
No tower or personal wireless service facility,
with the exception of repeaters, shall be located:
[1]
Closer than 1,500 feet on a horizontal plane
to any structure existing at the time of application which is or is
able to be occupied or habitable, on the property of any school (both
public and private).
[2]
Closer than 750 feet on a horizontal plane to
an existing dwelling unit or day-care center, hospital, nursing home,
church, synagogue or other place of worship.
(5)
Fencing. The area around the tower and communication
equipment shelter(s) shall be completely fenced and gated for security
within an area no greater than 25 feet in radius from the base of
the tower and to a height of six feet. Use of razor wire is not permitted.
(6)
Signs. There shall be no signs, except the following:
A sign of no greater than two square feet indicating the name of the
personal wireless service facility's owner(s), a graphic design indicating
that radio waves are being emitted from the area as described in FCC
OET Bulletin No. 65, Evaluating Compliance with FCC-Specified Guidelines
for Human Exposure to Radio Frequency Radiation (or other most current
FCC bulletin), and a twenty-four-hour emergency telephone number shall
be posted adjacent to the entry gate. In addition, "No Trespassing"
or other warning signs may be posted on the fence.
(7)
Communication equipment shelters and accessory buildings
shall be designed to be architecturally similar and compatible with
each other and shall be no more than 12 feet high. The buildings shall
be used only for the housing of equipment related to this particular
site. Whenever possible, the buildings should be joined or clustered
so as to appear as one building.
(8)
New towers shall not exceed the minimum height necessary
to provide adequate coverage for the personal wireless service facilities
proposed for use on the tower. Applicant may submit a request for
additional height to accommodate future sharing and shall provide
design information to justify such additional height.
(9)
Unless otherwise modified by the SPGA after consideration of the location preferences set forth in § 240-81D(1) and other criteria set forth in § 240-81 of the Zoning Law, towers shall be located at least 1 1/2 times their maximum structural height within the outer boundary of the site on which the tower is located.
(10)
Tower finish. Visual mitigation will be provided
based on appropriate modeling, photography and other pertinent analytical
techniques as required by the SPGA, including, but not limited to,
architectural treatment, alternative construction and structural and
transmission technology such as antennas attached or disguised as
trees or other features.
(11)
To the extent feasible, all network interconnections
to and from the telecommunications site and all power to the site
shall be installed underground. At the initial construction of the
access road to the site, sufficient conduit shall be laid to accommodate
the maximum possible number of personal wireless service providers
licensed to provide services to the Town of Wappinger and surrounding
areas.
(12)
If primary coverage (greater than 50%) from
proposed personal wireless service facility is outside the Town of
Wappinger, then the permit may be denied unless the applicant demonstrates
to the satisfaction of the SPGA that the applicant is unable to locate
within the Town which is primarily receiving service from the proposed
facility.
(13)
Unless required by the Federal Aviation Administration,
no night lighting of towers or the personal wireless service facility
is permitted, except for manually operated emergency lights for use
only when operating personnel are on site.
(14)
No tower or personal wireless service facility
that would be classified as an obstruction or hazard to air navigation,
as defined by the Federal Aviation Regulations (Title 14 CFR), is
permitted.
(15)
Commercial advertising shall not be allowed
on any antenna, tower, accessory building or communication equipment
shelter.
(16)
The SPGA shall request input from the Chiefs
(or their designees) of Fire, Police and other emergency services
regarding the adequacy for emergency access of the planned drive or
roadway to the site.
H.
General requirements for RSP(s).
(1)
No repeater shall be located closer than 50 feet to
an existing dwelling unit, nor less than 25 feet above ground.
(2)
The SPGA may require the use of screening, painting
or camouflage to reduce the visual impacts of the repeaters.
(3)
Repeaters shall be located so as to have the least
possible impact on the views of the residents of the Town of Wappinger.
I.
Approval criteria.
(1)
In acting on the special permit application, the SPGA
shall proceed in accordance with the procedures and time lines established
for special permits.
(2)
In addition to the findings required by § 240-44 of the Town of Wappinger Zoning Law, the SPGA shall, in consultation with the special consultant(s), make all of the applicable findings before granting the special permit, as follows:
(a)
That applicant is proposing to locate its personal
wireless service facility or tower within a permitted location.
(b)
That the applicant is not already providing
adequate coverage to the subject area.
(c)
That the applicant is not able to use existing
towers/facility sites to provide adequate coverage.
(d)
That the applicant has agreed to rent or lease
available space on the tower under the terms of a fair-market lease,
without discrimination to other personal wireless service providers.
(e)
That the proposed tower will not have an undue
adverse impact on historic resources, scenic views, residential property
values and/or natural or man-made resources.
(f)
That the applicant has agreed to implement all
reasonable measures to mitigate the potential adverse impacts of the
facilities.
(g)
That the proposal shall comply with the most current FCC regulations
regarding emissions of electromagnetic radiation as currently found
in FCC Regulations, Title 47, Part 1, Section 1.1307, and all other
relevant sections. The special permit granting authority shall not
regulate the placement, construction or modification of telecommunications
towers, antennas and personal wireless service facilities on the basis
of the environmental effects of radio frequency emissions to the extent
that such facilities comply with the FCC regulations for such emissions;
such regulation by the SPGA would be in violation of FCC provisions.
[Amended 9-10-2020 by L.L. No. 3-2020]
J.
Monitoring and evaluation of compliance.
(1)
Compliance certification. Prior to the activation
of a new or modified PWSF, the owner(s) of the facility will certify
to the SPGA, the Town Engineer and the Building Inspector that the
PWSF is in compliance with the most current FCC regulations regarding
emissions of electromagnetic radiation as currently found in FCC regulations,
Title 47, Part 1, Section 1.1307, and all other relevant sections.
Certification shall include site specific calculations showing expected
worst case power density levels at the closest publicly accessible
point to the PWSF, using the methodology described in FCC OET Bulletin
No. 65, Evaluating Compliance with FCC-Specified Guidelines for Human
Exposure to Radio Frequency Radiation (or other most current FCC bulletin).
At least once every 12 months, starting from the date of activation,
a follow-up report of the certifying compliance (as described above)
shall be submitted to the SPGA, the Building Inspector and the Town
Engineer.
(2)
Excessive emissions:
(a)
It shall be a condition of any special permit granted under § 240-81 of the Zoning Law that, if the Town deems it necessary to determine the tower and facility's or repeater's radio frequency emissions and their compliance with FCC regulations, the owner(s) of the facility or repeater site shall pay for an independent consultant hired by the Town to monitor the levels of EMF radiation around the proposed facility and/or repeater site. The independent consultant shall use the monitoring protocol. A report of the monitoring results shall be prepared by the independent consultant and submitted to the SPGA, the Town Engineer, the Building Inspector and the Town Clerk.
(b)
Should this independent monitoring of a facility
or repeater site by a licensed independent consultant reveal that
the site exceeds the most recent FCC regulations regarding emissions
of electromagnetic radiation, currently found in FCC Regulations,
Title 47, Part 1, Section 1.1307, and all other applicable relevant
sections, then the owner(s) of all facilities utilizing that site
shall be so notified. The owner(s) shall submit to the SPGA and the
Building Inspector a plan for the reduction of emissions to a level
that complies with the FCC standard within 10 business days of notification
of noncompliance. That plan shall reduce emissions to the applicable
FCC standard within 15 days of initial notification of noncompliance.
Failure to accomplish this reduction of emission within 15 business
days of initial notification of noncompliance shall be a violation
of the special permit and subject to penalties and fines as determined
by the SPGA. Such fines shall be payable by the owner(s) of the personal
wireless service facilities with antennas on the facility site until
compliance is achieved.
(3)
Structural inspection. It shall be a condition of
the special permit that tower owner(s) shall pay for an independent
consultant (a licensed professional structural engineer) hired by
the Town to conduct inspections of the tower's structural integrity
and safety. Towers shall be inspected every five years. A report of
the inspection shall be prepared by the independent consultant and
submitted to the SPGA, the Town Engineer, the Building Inspector and
the Town Clerk. Any major modification of existing facility which
includes changes to tower dimensions or antenna numbers or type shall
require new structural inspection.
(4)
Unsafe structure:
(a)
Should the inspection of any tower reveal any
structural defect(s) which, in the opinion of the independent consultant,
render(s) that tower unsafe, the following actions must be taken:
(b)
Failure to accomplish this remediation of structural
defect(s) within 10 business days of initial notification shall be
a violation of the special permit and subject to fines and penalties
as determined by the SPGA. Such fines shall be payable by the owner(s)
of the tower until compliance is achieved.
K.
Removal requirements. Any personal wireless service
facility or repeater which ceases to operate for a period of one year
shall be removed. "Cease to operate" is defined as not performing
the normal functions associated with the personal wireless service
facility or repeater and its equipment on a continuous and ongoing
basis for a period of one year. At the time of removal, the facility
or repeater site shall be remediated such that all personal wireless
service facility or repeater improvements which have ceased to operate
are removed. If all facilities on a tower have ceased to operate,
the tower shall also be removed and the facility or repeater site,
including any access road(s) which lead to that facility or repeater
site from the main access road, shall be revegetated. If all facility
or repeater sites have ceased to operate, the owner(s) of the last
personal wireless service facility or repeater to leave the site shall
revegetate the access road(s) in its/their entirety. Existing trees
shall only be removed with the written permission of the SPGA and
only if the SPGA determines such removal of trees to be necessary
to complete the required removal of personal wireless service facility(ies)
or repeater(s).
L.
Fees and insurance.
(1)
Towers, personal wireless service facilities and repeaters
shall be insured by the owner(s) against damage to persons or property.
The owner(s) shall provide a certificate of insurance to the SPGA
on an annual basis. For towers, facilities and repeaters located on
property owned by the Town of Wappinger, the Town of Wappinger shall
be an additional named insured.
(2)
A schedule of fees for personal wireless service facilities,
towers and repeaters permits, renewals, any monitoring of emissions
and inspection of structures and any other fees shall be established
by the SPGA. This schedule may be amended from time to time.
M.
Permit expiration and renewal. Any special permit
granted under this action shall lapse if the applicant fails to begin
construction on the facility, tower and/or repeater within a one-year
period of said grant.
[Added 7-5-2005 by L.L. No. 8-2005]
[Added 10-27-2008 by L.L. No. 7-2008]
A.
The pet crematorium shall possess a current and valid
license issued in accordance with § 750 of Article 35-C
of the General Business Law of New York State.
B.
The pet crematorium shall not provide for permanent
interment or permanent inurnment of pet remains.
C.
The pet crematorium shall not include any facilities
for resource recovery as defined in § 27-0701 of the New
York State Environmental Conservation Law.
D.
The pet crematorium shall not include any disposal
facility regulated under Title 15 of Article 27 of the New York State
Environmental Conservation Law that is engaged in the incineration
of medical waste.
E.
A pet crematorium shall not include any facilities
which constitute rendering plants licensed pursuant to Article 5-C
of the New York State Agriculture and Markets Law.
F.
The pet crematorium shall only cremate pets and shall
not cremate pets which exceed 150 pounds in weight. Notwithstanding
the above, the crematorium may cremate animals which have been struck
and killed on roadways ("road kill").
G.
All on-site operations, including but not limited
to unloading and loading, as well as all facilities and storage, including
but not limited to the storage of dead animals, shall be located indoors.
H.
The pet crematorium shall comply with the provisions of Article XI, Performance Standards, of this chapter.
I.
The Planning Board may impose such conditions as it
deems necessary to avoid or minimize odor, noise and other impacts,
and impairment of the use, enjoyment and value of property in the
area.
J.
Parking for the pet crematorium shall be provided as set forth in Article X of this chapter and as required by the Planning Board.
K.
Upon certification by the Zoning Administrator that
the applicant has complied with all conditions of this chapter, the
Building Inspector shall be authorized to issue a certificate of occupancy
for the pet crematorium.
L.
Each pet crematorium shall be reviewed and/or inspected
by the Zoning Administrator every year in order to determine whether
the use possesses a current and valid license in accordance with § 750
of Article 35-C of the General Business Law of New York State, and
is otherwise in compliance with this chapter. Upon the determination
of such compliance, the Zoning Administrator shall issue a certificate
of compliance. The certificate of compliance, once issued, shall be
valid for a period of one year, provided that the use complies with
the terms of this chapter. In the event that the review and/or inspection
determines that the pet crematorium is no longer in compliance with
this chapter, the certificate of compliance shall be revoked and the
Planning Board shall then undertake a review to determine whether
the special use permit shall be revoked.
M.
The pet cremains shall be removed from the site on
a weekly basis.
[Added 1-26-2009 by L.L. No. 2-2009]
Regulations for historic house tours, receptions and similar
events:
A.
The minimum lot area for this use shall be two acres.
B.
The home in which the use is proposed shall be listed on the state
or federal Register of Historic Places, and all nonresidential activities
on the site shall be historic in nature.
C.
The exterior appearance of the home shall remain that of a historic
one-family residence.
E.
The maximum permitted number of customers on the site at any given
time shall be established by the Planning Board as part of its approval
of the special permit for the proposed use, based upon factors including,
but not limited to, the size of the subject property, the number of
parking spaces available to the proposed use, the proximity of neighboring
residences, etc.
F.
The use may include an accessory gift shop which is available to
persons attending events on the site, but the gift shop shall not
be open to the general public.
G.
The historic use shall be accessory to the principal use of the dwelling
for living purposes. Further, the use shall not be permitted on a
lot where the dwelling already contains a home occupation, professional
home office or studio use.
H.
Not more than two full-time nonresident employees, associates or
assistants, excluding the owner(s), shall be employed on the premises.
I.
The use shall not include any amplified speaking or amplified music.
Further, the Planning Board may impose such conditions as it deems
necessary to avoid or minimize traffic, odor, noise and other impacts,
and the impairment of the use, enjoyment and value of property in
the area. The use shall be conducted in such a manner and during such
hours that it is not detrimental to the immediate neighborhood. The
Board may also require additional landscaping or screening to buffer
parking areas from adjoining dwellings.
J.
Unless the premises is serviced by a community water or sewer system,
approval of the Dutchess County Department of Health for such services
shall be obtained prior to issuance of a certificate of occupancy
and/or certificate of compliance.
K.
There shall be no external evidence or advertising of the business
other than one identification sign, not to exceed two sides of two
square feet in area per side. The appearance, size and location of
the sign shall be subject to the approval of the Planning Board.
L.
Parking shall be provided as set forth in Article X and as determined by the Planning Board. Notwithstanding the requirements of Article X, the Board may allow a shared parking arrangement between the subject use and an adjacent nonresidential use, whereby a lesser amount of off-street parking is permitted for the two uses than would otherwise he required, so long as the applicant has demonstrated to the Planning Board that the hours of operation of the two uses will be such that a sufficient amount of parking will be provided for each use.
M.
The number of customers coming to the site shall be such that the
number of cars does not exceed the number of provided parking spaces.
N.
In reviewing and approving the special permit application, the Planning
Board may limit the size and frequency of the events to be held.
O.
The lot shall have frontage on a state or county road and the use
shall derive its primary access from such road.
[2]
Editor’s Note: This local law was adopted as a remedial
measure and also stated in Section 10 that any approvals issued under
L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered
valid notwithstanding the readoption of this law.
P.
Approval for the use shall be required to be obtained from the Dutchess
County Department of Health, if applicable, for any food preparation
services proposed.
Q.
This use shall be permitted only where all structures on the premises
are in compliance with the Uniform Code of the State of New York and
the Town Code. The Building Inspector shall not issue a certificate
of occupancy and/or certificate of compliance until violations of
the Uniform Code and Town Code, if any, have been corrected.[3]
R.
Upon certification by the Zoning Administrator that the applicant
has complied with all conditions of this chapter, the Building Inspector
shall be authorized to issue a certificate of occupancy for the use.
S.
Each use shall be reviewed and/or inspected by the Zoning Administrator
every year in order to determine whether the use is in compliance
with this chapter. Upon the determination of such compliance, the
Zoning Administrator shall issue a certificate of compliance. The
certificate of compliance, once issued, shall be valid for a period
of one year, provided that the use complies with the terms of this
chapter. In the event that the review and/or inspection determines
that the use is no longer in compliance with this chapter, the certificate
of compliance shall be revoked and the Planning Board shall then undertake
a review to determine whether the special use permit shall be revoked.
T.
The property owner or proprietor shall occupy the premises as his or her primary residence. Further, the special permit shall be issued to the owner(s) of the property. Should there he a change in ownership, or if the premises is no longer occupied by the owner or proprietor as his or her primary residence, the special permit and the certificate of occupancy for the subject use shall be in need of renewal as per Subsection S immediately above.
[Added 5-11-2009 by L.L. No. 5-2009]
A.
The pawnshop shall comply with the provisions of Article 5 of the
General Business Law of New York State.
B.
The pawnshop shall possess a current and valid license issued in accordance with Chapter 99, Collateral Loan Brokers, of the Town Code.
C.
The proposed pawnshop shall not be located within 1,000 feet of an
existing pawnshop.
D.
The Planning Board may impose such conditions as it deems necessary
to avoid or minimize impacts and the impairment of the use, enjoyment
and value of property in the area of the proposed pawnshop.
E.
Parking for the pawnshop shall be provided as set forth in Article X of this chapter and as required by the Planning Board.
F.
Upon certification by the Zoning Administrator that the applicant
has complied with all conditions of this chapter, the Building Inspector
shall be authorized to issue a certificate of occupancy for the pawnshop.
G.
Each pawnshop shall be reviewed and/or inspected by the Zoning Administrator every year in order to determine whether the use possesses a current and valid license, in accordance with Chapter 99 of the Town Code, and is otherwise in compliance with this chapter. Upon the determination of such compliance, the Zoning Administrator shall issue a certificate of compliance. The certificate of compliance, once issued, shall be valid for a period of one year, provided that the use complies with the terms of this chapter. In the event that the review and/or inspection determines that the pawn shop is no longer in compliance with this chapter, the certificate of compliance shall be revoked and the Planning Board shall then undertake a review to determine whether the special use permit shall be revoked.
[Added 11-12-2013 by L.L. No. 14-2013]
A boardinghouse or rooming house shall be subject to the following
standards or restrictions:
A.
The boardinghouse shall contain a total of not more than 16,000 square
feet of gross floor area.
B.
The minimum area of the lot in the Highway Business (HB) Zoning District
shall be one acre.
C.
Efficiency units and dwelling units may have a full kitchen consisting
of a sink, refrigerator, stove, oven, etc. Sleeping rooms shall be
restricted to having only a small refrigerator and a microwave. In
approving any special permit for a boardinghouse, the site plan shall
specifically indicate the approved numbers and locations of sleeping
rooms, efficiencies, one-bedroom dwelling unit, kitchen elements,
etc.
D.
There shall be no more than one sleeping room or efficiency unit
for each 1,500 square feet of lot area in the HB Zoning District.
Notwithstanding the above, one one-bedroom dwelling unit for the caretaker
of the boardinghouse may be substituted for a sleeping room or efficiency
unit.
E.
Each sleeping room or efficiency unit shall contain at least 145
square feet of gross floor area including a bathroom.
F.
Dutchess County Health Department approval of the water and sewer
services shall be required prior to the issuance of any permit.
[Added 5-14-2018 by L.L.
No. 6-2018]
A.
All equipment, materials and activities shall be contained entirely
in either fully enclosed buildings or, where deemed appropriate by
the Planning Board due to such factors as the size of the property
involved, and/or the nature and type of equipment, materials and activities
involved, shall be contained entirely in fenced-in areas which are
visually screened from all adjoining properties and roadways.
B.
The subject use shall not result in the production of any hazardous
wastes.
[Added 5-14-2018 by L.L.
No. 6-2018]
A.
Density.
(1)
The residential density in a mixed-use development shall not
exceed three dwelling units per acre of net lot area devoted to the
residential component of the mixed use.
(2)
The commercial density in a mixed-use development shall not
exceed the maximum floor area ratio (FAR) for the zoning district
in which the development is located, based upon the net lot area devoted
to the commercial component of the mixed use.
(3)
The residential and commercial components of the mixed use shall not, individually or in combination, exceed the maximum density standards of Subsection A(1) and (2) immediately above. Further, the net lot area used to derive density for the residential component of the mixed use shall not be utilized to derive density for the commercial component and vice versa.
B.
Minimum residential and commercial components. As measured by net
lot area, the mixed use shall be at least 25% residential and at least
25% commercial.
C.
Yards. The mixed-use development shall comply with the minimum front,
side and rear yard requirements of the RMF-3 Multifamily Residence
District.
[Added 5-14-2018 by L.L.
No. 6-2018]
A.
The off-site parking shall be screened to the satisfaction of the
Planning Board from adjoining uses and roadways, shall be set back
100 feet from all roadways and residential zoning districts, and shall
be orderly as shown on a plan approved by the Planning Board.
B.
The off-site parking shall only be for new motor vehicles and those
which are less than five years old, and said parking shall not exceed
70 vehicles per gross acre.
C.
The lot on which the off-site parking is located shall be at least
two acres in size and shall be owned or leased by the motor vehicle
sales establishment.
D.
The area used for the off-site parking shall be surplus relative
to any area of the lot occupied by required parking for any use of
said lot.
E.
The off-site parking shall be for storage only, and no sales or display
shall take place on the lot used for the off-site parking.
F.
The off-site parking shall be subject to the issuance of a building
permit subsequent to special permit and site plan approvals.
