This chapter shall be known as and may be cited
as the "Town of Wappinger Zoning Ordinance."
For the purpose of promoting the health, safety,
morals and the general welfare of the community, the Town Board of
the Town of Wappinger, County of Dutchess and State of New York, under
the authority granted by § 261 of the Town Law and in accordance
with the procedures in § 264 of the Town Law and § 239-m
of the General Municipal Law, hereby adopts this chapter in furtherance
of the adopted Town law, including the following:
A.
To guide the future development of the Town in accordance
with a Comprehensive Plan designed to represent and promote the most
beneficial and convenient relationship among the residential, commercial,
industrial and public areas of the Town considering the suitability
of each area for such uses as indicated by existing conditions, trends
and development and changing modes in living, and have due regard
for the use of land, building development and social, cultural and
economic activity, both within the Town and with respect to the relationship
of the Town to area outside thereof.
B.
To secure safety from fire, flood, panic and other
dangers.
C.
To provide adequate light, air and privacy.
D.
To prevent overcrowding of the land and undue congestion
of population.
E.
To promote the most beneficial relation between the
use of land and buildings and the circulation of traffic throughout
the Town, having particular regard to the avoidance of congestion
of streets and provision of safe and convenient vehicular and pedestrian
traffic movements appropriate to the various uses of land and buildings
throughout the Town.
F.
To facilitate the adequate provision of transportation,
water, schools, parks and other public requirements.
G.
To protect and conserve the value of land and buildings
and the social and economic stability of all parts of the Town.
H.
To prevent the pollution of watercourses and wetlands;
to safeguard the water table; to avoid hazardous conditions and excessive
damage resulting from stormwater runoff and flooding; and to encourage
the appropriate use and sound management of natural resources throughout
the Town.
I.
To preserve the natural beauty of the physiography
of the Town, to protect the Town against unsightly, obtrusive and
obnoxious land uses and operations to enhance the aesthetic aspect
of the natural and man-made elements of the Town and to ensure appropriate
development with regard to those elements.
J.
To promote the preservation of the existing historic
character of the Town and to encourage the development of uses which
would add to or be in harmony with this character.
K.
To provide adequate and suitably located areas for
recreation activities.
L.
To bring the gradual conformity of the uses of land
and buildings throughout the Town to the adopted Town Development
Plan and to minimize conflicts among the uses of land and buildings.
[Added 2-11-2002 by L.L. No. 1-2002]
A.
Pursuant to the provisions of § 44-0119
of the Environmental Conservation Law of the State of New York, the
Town of Wappinger hereby adopts, as a statement of land use policies,
principles and guides, the document entitled "Greenway Connections:
Greenway Compact Program and Guides for Dutchess County Communities"
dated March 8, 2000 (hereinafter referred to as "Greenway Connections"),
by which action the Town of Wappinger becomes a participating community
in the Greenway Compact.
B.
Proposals to amend Greenway Connections may from time
to time be made by the Hudson River Valley Greenway Communities Council
(hereinafter referred to as "Greenway Council") in response to request
from participating communities. Within 90 days of receipt of any such
proposal from the Greenway Council, the Town Board of the Town of
Wappinger shall determine by resolution whether to accept or to reject
such proposed amendment. Any proposed amendment so accepted shall
be considered an amendment of Greenway Connections as adopted by the
Town of Wappinger. Any proposed amendment rejected by the Town Board
will not be considered to be an amendment of Greenway Connections
for the Town of Wappinger, and notice of such rejection shall promptly
be provided to the Greenway Council. Failure of the Town Board to
accept such proposed amendment shall be deemed a rejection thereof
C.
It is the stated policy of the Town Board of the Town
of Wappinger that when the Town considers future enactments or amendments
of its land use laws, rules or regulations, the Town Board shall consider
the statement of land use policies, principles and guidelines contained
in the Greenway Connections, in its deliberative process, and the
Town Board shall, prior to enacting such land use law, rule or regulation,
make a finding that such law, rule or regulation is consistent with
the land use policies, principles and guidelines contained in Greenway
Connections, to the extent the Town Board deems appropriate. All determinations
made hereunder shall be deemed legislative decisions within the Town
Board's legislative discretion.
D.
The Town Board hereby finds that any Town reviewing
Board, including but not limited to the Planning Board and Zoning
Board of Appeals, in its deliberations on any discretionary actions
under the Zoning Law, shall consider the statement of policies, principles
and guidelines in Greenway Connections as such reviewing Board deems
appropriate and relevant in its determinations on such discretionary
decisions.
