The following regulations shall apply in all
zoning districts.
A.
No building or structure in a street. No building
or structure shall be permitted within a street shown on an official
map or plan, or within an easement or right-of-way shown on a filed
subdivision plat. Every building hereafter erected shall be located
on a lot, as defined herein.
[Amended 9-24-2001 by L.L. No. 5-2001]
B.
Subdivision of a lot.
(1)
Where a lot is formed hereafter from part of a lot already occupied
by a building or structure, such separation shall be effected in such
manner as not to impair conformity with any of the requirements of
this chapter with respect to the existing building and all yards and
other required spaces in connection therewith.
(2)
Except as provided in § 240-56 of this chapter, in the case of a legally nonconforming two-family or multifamily dwelling on a lot in a one-family residence zoning district, no land shall be subdivided from said lot unless the area of the lot on which the nonconforming dwelling remains has an area of at least the number of dwelling units in the building times the minimum lot size 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.
C.
Irregularly shaped lots. Where a question exists as
to the proper application of any of the requirements of this chapter
to a particular lot or parcel, because of the peculiar or irregular
shape of the lot or parcel, the Board of Appeals shall determine how
the requirements of this chapter shall be applied.
D.
Lots under water or subject to flooding.
[Amended 9-24-2001 by L.L. No. 5-2001]
(1)
All lots under water or subject to flooding shall be subject to the requirements for flood-prone areas as required in § 240-33 of this chapter.
(2)
In addition, no more than 10% of the minimum area
requirement of a lot may be fulfilled by federal or state wetlands,
land which is under water, subject to periodic flooding, or within
the one-hundred-year floodplain.
(3)
All minimum front, side and rear yard requirements
must be satisfied by measurement on dry land, excluding federal and
state wetlands, land which is under water, subject to periodic flooding,
or within the one-hundred-year floodplain.
E.
Lots bordering major streams. All lots bordering major streams shall be subject to the requirements for flood-prone areas as required in § 240-33 of this chapter. No building permit shall be issued for the construction of any permitted principal or accessory use in any district within 100 feet of the normal water edge of the main branches of Wappinger Creek and Sprout Creek.
[Amended 1-28-2013 by L.L. No. 6-2013]
F.
Existing undersized lots. A lot, the area or dimensions of which are less than that required for the district in which it lies, may be deemed to qualify for the issuance of a building permit, provided that all the following requirements are met (see also § 240-38B):
[Amended 9-24-2001 by L.L. No. 5-2001; 9-9-2002 by L.L. No.
13-2002]
(1)
The lot met the zoning requirements at the time the
deed to the lot in its current configuration was recorded in the office
of the County Clerk, Division of Land Records.
(2)
All applicable district regulations as set forth in
the Schedule of Dimensional Regulations, other than the minimum lot
area and lot width and lot depth, are complied with.
(3)
The lot was separated in ownership from any adjoining
tracts of land on the effective date of this chapter. If the owner
of such lot owns other lots contiguous thereto, such other lots or
so much thereof as may be necessary shall be combined with the first-named
lot to make one or more conforming lots, whereupon a permit may be
issued, but only for such combined lots.
G.
Lots made nonconforming by future amendment.
(1)
When and where the required area or dimensions of lots may be changed by future amendment of this chapter, any legal lot existing at that date and made nonconforming by such amendment may be built upon, subject to the limitations contained in § 240-18F herein.
(2)
Exemptions.
(a)
Exemptions for certain parcels (1990 amendments):
In consideration of the efforts and expenditures made in furtherance
of applications to the Planning Board for site plan approval or subdivision
approval submitted prior to August 27, 1990, together with consideration
for the concerted actions of the Town Board to revise the present
Zoning Ordinance to conform with the Comprehensive Plan adopted on
August 8, 1988, and in further consideration of the pending construction
of public sewers to serve various sections of the Town, which construction
was considered by the Planning Board in granting a number of preliminary
subdivision approvals, parcels for which applications for site plan
approval or subdivision approval pending before the Planning Board
of the Town Wappinger shall be exempt from the amendments adopted
by L.L. No. 5-1990, as follows:
[1]
Parcels for which an application for site plan
approval is pending shall be exempt on the following conditions:
[a]
The application with all required
submission documents has been filed with the Zoning Administrator
on or before August 27, 1990, and either:
[i]
The Planning Board has adopted
a motion/resolution granting final site plan approval prior to January
1, 1991; or
[ii]
The Planning Board has adopted
a motion/resolution issuing a Negative Declaration of Significance
prior to January 1, 1991; or
[iii]
The applicant has submitted a
Draft Environmental Impact Statement (DEIS) and the Planning Board
has adopted a motion/resolution accepting the DEIS as complete prior
to January 1, 1991.
[2]
Parcels for which an application for subdivision
approval is pending shall be exempt on the following conditions:
[a]
The application with all required
submission documents has been filed with the Zoning Administrator
on or before August 27, 1990, and either:
[i]
The Planning Board has adopted
a motion/resolution granting preliminary subdivision approval prior
to January 1, 1991; or
[ii]
The Planning Board has adopted
a motion/resolution granting Negative Declaration of Significance
prior to January 1, 1991; or
[iii]
The applicant has submitted a
Draft Environmental Impact Statement (DEIS) and the Planning Board
has adopted a motion/resolution accepting the DEIS as complete prior
to January 1, 1991.
(b)
For the purposes of this Subsection G(2) only and to the extent that this subsection is inconsistent with Town Law § 265-a, § 274-a, § 276, § 277 or any other provision of Article 16 of the Town Law, the provisions of this chapter are expressly intended to and do hereby supersede any such inconsistent provisions.
For the purposes set forth earlier in this chapter
and to promote natural resource preservation and conservation and
to minimize the construction and maintenance costs of community facilities
and utilities, all directed towards the objective of fostering and
obtaining land development of good quality and design at reasonable
economic cost, the Planning Board is hereby authorized to review and
act upon all subdivisions in accordance with the following provisions.
In all cases, the Planning Board shall have the full power of subdivision
approval, approval with conditions or denial, as authorized by the
Town Law.
A.
Average density subdivisions. Simultaneously with
the approval of a subdivision plat and pursuant to § 278
of the Town Law, at the request of the applicant, the Planning Board
is authorized to modify the zoning regulations with respect to lot
area and dimensions, provided that the average size of all lots shown
on the subdivision plat shall be equal to or greater than the permitted
minimum lot area in such district and that there shall not be a greater
average density of population or cover of the land with buildings
than is permitted in such district, and further provided that no lot
shall have less than the minimum area and dimensions required for
lots in the next less restrictive residential zoning district to the
one in which the property is located. For the purpose of this section,
average density shall be determined by the number of one-family residences
which could be built under the zoning district standards in full conformity
with the Town's Subdivision Regulations[1] and all other applicable requirements. The basis for determination
by the Planning Board shall be a conventional subdivision sketch layout
for the subject property.
B.
Conservation subdivisions. Pursuant to § 278
of the Town Law, at the written request of the applicant to the Town
Board, the Planning Board may be authorized to modify the zoning regulations
in one-family residence districts with respect to lot area and dimensions
upon such conditions as the Town Board may impose and provided that:
(1)
Such modifications result in design and development
which promote the most appropriate use of the land, facilitate the
adequate and economical provision of streets and utilities and preserve
the natural and scenic qualities of open lands.
(2)
The permitted number of dwelling units in no case
exceeds the number which could be permitted, in the Planning Board's
judgment, if the land were subdivided into lots conforming to all
the normally applicable requirements of this chapter, the Land Subdivision
Regulations,[2] the Dutchess County Department of Health Regulations and
all other applicable standards. The basis for this determination by
the Planning Board shall be a conventional subdivision sketch layout
for the subject property, plus such other information as may be required
by said Board.
(3)
The maximum permitted building height and the minimum
permitted floor area requirements shall be the same as those normally
applicable to other dwellings in the zoning district in which the
property is located.
(4)
The dwelling units permitted may be detached, semidetached
or attached structures, provided that there shall be no more than
four dwelling units in any single structure.
(5)
In the event that some part of said subdivision plat
includes land to be devoted to park, recreation or open space, the
Planning Board, as a condition of plat approval, may establish such
conditions on the ownership, use and maintenance of such lands as
deemed necessary by the Planning Board and such conditions shall be
approved by the Town Board.
(6)
In addition to compliance with any special standards, requirements and procedures as set forth in this § 240-19B, conservation developments shall also be subject to review and public hearing by the Planning Board in accordance with the same procedures as would otherwise be applicable to conventional subdivision plats. Upon the filing of the plat in office of the County Clerk, a copy shall be required to be filed with the Town Clerk, who shall make the appropriate notations and references thereto on the official copy of the Town Zoning Map.
C.
Mandatory open space subdivision.
(1)
Purpose.
(a)
It is intent of the Town of Wappinger to maintain
open space whenever possible in order to preserve the aesthetic quality
and rural nature of the Town.
(b)
The purpose of the open space provision of this
chapter is to permit the grouping of dwellings within the various
one-family residential districts to accommodate residential development
in a manner which will minimize the impact of development on open
space and other important components of the environment.
(c)
The Planning Board, upon review of a residential
subdivision proposal, may request authorization from the Town Board
pursuant to § 278 of Town Law, requiring the applicant to
provide an open space subdivision in compliance with this chapter
and other duly adopted standards to accomplish the intent and purpose
stated herein.
(d)
The applicant will only be required to provide
an open space subdivision when one or more of the following objectives,
in the opinion of the Planning Board, is better accomplished by an
open space subdivision, as compared to a subdivision designed by conventional
grid pattern.
(e)
The open space development provisions of this
chapter do not result in there being any more dwelling units than
would have been allowed under a conventional subdivision.
[Amended 9-9-2002 by L.L. No. 13-2002]
[1]
Protection of water. Protection of the groundwater
or surface water, wetlands, floodplains or unique areas of natural
or historic significance.
[2]
Soils. Prevent development on soils which would
present a special hazard from erosion, slippage, settling or other
characteristics unsuitable for the proposed use.
[4]
Open space. Preservation of open space to provide
a visual screen or separation between structures and places commonly
occupied by the public.
[5]
Roadways. Minimize the number of new roads or
driveways obtaining access from existing roads and the amount or new
road to be dedicated to the Town.
[6]
Master Plan. Accomplish specific goals indicated
in the Town of Wappinger Master Plan regarding those dealing with
residential development.
(2)
Application for open space development. The Town Board
may, by resolution, authorize the Planning Board to require an open
space development on the particular site or tract of land.
(a)
Procedure.
[1]
Where the Planning Board deems it in the interest of the Town, the Planning Board shall request the Town Board to authorize it to mandate an open space development. Such request shall specify the element or elements [from § 240-19C(1) above], if any, which justify preservation and shall specifically describe the means by which an open space development would further the purposes set forth above.
[2]
At the same time that the Planning Board's request
is sent to the Town Board, a copy shall be sent by regular mail to
the owner of the land for which the application is being made, at
the owner's last known address. Such owner shall have the right to
submit any relevant information to the Town Board.
[3]
The Town Board shall review the information
submitted by the Planning Board and the property owner. At the owner's
request, the Town Board shall meet with the owner to discuss the desirability
of mandating an open space development. At any such meeting the Planning
Board or its designated representative(s) may be present. After reviewing
the documents and evidence submitted and the criteria set forth in
Town Law § 278, the Town Board shall determine whether or
not to authorize the Planning Board to require submission of an open
space development plan. The determination shall be considered a legislative
determination by the Town Board. Copies of the Town Board's determination
shall be sent by regular mail to the Planning Board and the property
owner at the owner's last known address.
[4]
If the Town Board declines to authorize a mandatory
open space development, then the Planning Board shall continue to
review any conventional subdivision plan submitted by the owner. If
the Town Board authorizes a mandatory open space development, then
the Planning Board shall forthwith determine whether or not to require
such development proposal and proceed with the application under the
applicable provisions of this section.
[5]
If the Planning Board determines that an open
space development shall be required, the Planning Board shall have
the right to establish the areas within which structures may be located,
the height and spacing of buildings, open spaces and their landscaping,
off-street open and enclosed parking spaces, streets, driveways, recreation
areas and related facilities and all other physical features as may
be shown on the proposed Open Space Development Plan.
[6]
An application by the Planning Board to the
Town Board for authorization to mandate an open space development
may be made at any time prior to preliminary plat approval, but may
not be made after preliminary approval of a conventional subdivision
has been granted.
(3)
Standards.
(a)
Open Space Development Plan. Upon the presentation
of a subdivision plan for an open space subdivision of land for residential
dwellings to be approved by the Planning Board, showing all natural
and proposed features of the subdivision, the Planning Board may waive
the heretofore established dimensional requirements and the required
lot sizes of the district in which the property is located, pursuant
to § 278 of the Town Law, provided that:
[1]
The lot size per one-family detached dwelling
is not less than 12,000 square feet.
[2]
The frontage on a Town road or public right-of-way
is not less than 80 feet for half the lots in any group of housing
units or less than 50 feet for the remaining lots in any group of
housing units. Not more than two fifty-foot frontages shall be adjacent
to each other.
[3]
The building height shall not exceed that otherwise
permitted in the district in which it is located.
[4]
The lot width at the building line is not less
than 100 feet.
[5]
The lot depth is not less than 120 feet.
[6]
The distance between buildings shall be no less
than 30 feet.
[7]
The side yard is not less than 15 feet.
[8]
The front and rear yard shall not be less than
35 feet.
[9]
The minimum gross lot size for an open space
development shall be 10 acres.
[10]
The permanently deeded open space
area shall be not less than 50% of the gross lot area.
[11]
The maximum amount of building
coverage shall not exceed 15% of the gross lot size of the open space
development.
[12]
In no case shall the permitted
number of dwelling units exceed the number of dwelling units which
would be permitted, in the Planning Board's judgment, if the land
had been divided into lots conforming to the minimum dimensional requirements
of the district or districts in which such land is located.
[13]
Building lots shall be required,
whenever possible, in the Planning Board's judgment, to be situated
on soils which will adequately support such development.
(4)
Board of Architectural Review. In reviewing the application
for open space development, the Planning Board, acting as the Board
of Architectural Review, shall determine the suitability of the proposed
design and materials and shall have the right to require that said
design and materials used shall be modified so as to be more consistent
with and harmonious to the general surrounding community and its environment.
(5)
Review criteria. In addition to the requirements of
this section, the Planning Board shall develop standards and criteria
to be used during the review of an open space development.
(6)
Perpetual open space.
(b)
Permanent preservation.
[1]
Perpetual open space land, to remain forever
wild, shall be dedicated to permanent preservation by the use of a
conservation easement granted to the Town or to a qualified not-for-profit
organization pursuant to Article 49, Title 3, of the Environmental
Conservation Law. The Town shall accept the conservation easement
pursuant to § 247 of the General Municipal Law. All property
rights to the perpetual open space lot, with the exception of uses
not allowed as specified in the conservation easement, shall remain
with a homeowners' association.
[2]
All perpetual open space dedicated to permanent
preservation shall be recorded directly on the subdivision plat. Resubdivision
of such area is prohibited and wording so stating shall be noted on
the final plat.
[3]
No structures may be erected on the perpetual
open space except as shown on the approved development plan or as
approved by the Town to aid in the management or use of the perpetual
open land for noncommercial purposes.
[4]
Each deed to each lot sold shall include, by
reference, all recorded declarations such as covenants, dedications
and other restrictions, including assessments and the provisions for
liens for nonpayment of such.
[5]
Prior to final approval the developer shall
file with the Town a performance bond to ensure the proper installation
of all recreation and park improvements shown on the development plan
and a maintenance bond to ensure the proper performance by the developer
regarding all common lands. The amount and period of said bond shall
be determined by the Planning Board, and the form, sufficiency, manner
of execution and surety shall be approved by the Town Board.
[6]
The developer shall delineate the boundary lines
of the perpetual open space by the installation of monuments. Monuments
shall be placed at minimum intervals of 200 feet or at each point
where said boundary line changes alignment. When the placement of
a monument is required for any particular lot, it shall be installed
prior to the issuance of the certificate of occupancy for said lot.
The location of all monuments shall be shown on the Open Space Development
Plan.
(c)
Homeowners' association. Whenever a homeowners'
association is proposed, the Town Board shall retain the right to
review and approve the articles of incorporation and charter of said
homeowners' association and to require any conditions it shall deem
necessary to ensure that the intent and purpose of this section are
carried out. In consideration of said approval, the Town Board shall,
in part, require the open space development to meet the following
conditions:
[1]
The homeowners' association shall be established
as an incorporated, nonprofit organization operating under recorded
land agreements through which each lot owner and any succeeding owner
is automatically a member and each lot automatically subject to a
charge for a proportionate share of the expenses for the organization's
activities.
[2]
Title to all common property shall be placed
in the homeowners' association or definite and acceptable assurance
shall be given that it automatically will be so placed within a reasonable
period of time.
[3]
Each lot owner shall have equal voting rights
in the association and shall have the right to the use and enjoyment
of the common property.
[4]
Once established, all responsibility for operation
and maintenance of the common land and facilities shall lie with the
homeowners' association.
[5]
Dedication of all common areas shall be recorded
directly on the subdivision plat or by reference on the plat, to a
dedication in a separately recorded document. Resubdivision of such
areas is prohibited. The dedication shall:
[a]
Reserve the title of the common
property for the homeowners' association free of any implied public
dedication.
[b]
Commit the developer to convey
the areas to the homeowners' association at an approved time.
[c]
Grant easements of enjoyment over
the area to the lot owner.
[d]
Give to the homeowners' association
the right to suspend membership rights for nonpayment of assessments
or infraction of published rules.
[6]
Covenants shall be established limiting all
lots to single-family or multifamily use, as stipulated on the approved
development plan and all common lands as perpetual open space. No
structures may be erected on such common land except as shown on the
approved development plan or as approved by the Town to aid in the
management or use of the perpetual open land for noncommercial purposes.
[7]
Each deed to each lot sold shall include by
reference all recorded declarations, such as covenants, dedications
and other restrictions, including assessments and the provision for
liens for nonpayment of such.
[8]
The homeowners' association shall be perpetual
and shall purchase insurance, pay taxes, specify in its charter and
bylaws an annual homeowners' fee, provide for assessments and establish
that all such charges become a lien on each property in favor of said
association. The homeowners' association shall have the right to proceed
in accordance with all necessary legal action for the foreclosure
and enforcement of liens and it shall also have the right to commence
action against any member for the collection of any unpaid assessment
in any court of competent jurisdiction.
[9]
The developer shall assume all responsibilities
previously outlined for the homeowners' association until a majority
of the lots are sold, at which time the homeowners' association shall
be automatically established.
[10]
Prior to final development plan
approval, the developer shall file with the Town Board a performance
bond to ensure the proper installation of all recreation and park
improvements shown on the development plan and a maintenance bond
to ensure the proper performance by the developer regarding all common
lands until the homeowners' association is established. The amount
and period of said bond shall be determined by the Planning Board
and the form, sufficiency, manner of execution surety shall be approved
by the Town Board.
[11]
Prior to plat approval, the Town
may form a park district of the open space subdivision including the
perpetual open space, which district shall have the power to take
over the work of the homeowners' association in the event of default
or nonperformance, in the opinion of the Town Board, of such association
and to tax the property owners of such district in order to defray
the costs associated with intended maintenance and control as required.
[Amended 9-24-2001 by L.L. No. 5-2001; 4-28-2003 by L.L. No.
6-2003]
A.
Minimum frontage required. No building permit shall
be issued for the establishment of any use or construction of any
structure unless the street or highway giving access to said use or
structure has been suitably improved to Town road standards or a bond
posted therefor, in accordance with the provisions of § 280-a,
Subdivisions 1 and 2, of the Town Law. Further, for the purposes of
this subsection, "access" shall mean that the lot on which said use
or structure is proposed has frontage on said street or highway sufficient
to allow the ingress and egress of fire trucks, ambulances, police
cars and other emergency vehicles, in accordance with the provisions
of § 280-a, Subdivision 5, of the Town Law. Said lot frontage
shall be at least 50 feet in length, and the actual access to said
use or structure shall be over said frontage, except that the Planning
Board may permit or require common driveways and cross-access easements
subject to the following findings and conditions:
[Amended 1-24-2005 by L.L. No. 2-2005]
(1)
It shall be demonstrated that each single-family residential
lot is capable of independent access over its own frontage.
(2)
All common driveways and/or access over an adjacent
lot or lots shall require a common driveway easement, construction
plan and maintenance agreement approved by the Planning Board and
the Town Attorney and filed with the Dutchess County Clerk's office.
(3)
All relevant subdivision plats and site development
plans shall include a notation referencing the required common driveway
easement, construction plan and maintenance agreement.
(4)
The Planning Board must find that use of a driveway
easement and/or a common driveway will result in one or more of the
following:
(a)
A reduction in the number of curb cuts;
(b)
Avoidance or minimization of unnecessary land
disturbance;
(c)
Minimization of the need for the construction
of new, short dead-end roads to serve single-family residential lots;
(d)
Protection, maintenance or improvement of the
environment, community character, or safety or operation of vehicular
and pedestrian traffic;
(5)
Not more than three lots shall be served by a single
common driveway.
(7)
The property owner shall be required to record in
the Dutchess County Clerk's office a declaration of covenants and
restrictions acceptable to the Planning Board and the Attorney to
the Town governing the use, maintenance and operation of the common
driveways. The declaration of covenants and restrictions shall contain,
at a minimum, provisions that will impose a permanent easement for
as long as the common driveway is used by two or more lots, provide
for standards of construction and maintenance of the common driveway,
provide for the prompt removal of obstructions of the common driveway,
provide for the continued maintenance and upkeep of the common driveway
as well as the share of the costs thereof, and provisions for the
enforcement of the declaration, including the recovery of legal fees
associated with any successful enforcement proceedings.
(8)
The proposed declaration of covenants and restrictions
shall be submitted to the Planning Board and approved by both the
Planning Board and the Attorney to the Town prior to or simultaneously
with the Planning Board's resolution of final subdivision plat approval
or, if no subdivision approval is required, prior to the issuance
of a driveway permit by the Town of Wappinger Highway Superintendent.
If the common driveway is proposed in connection with new lots created
by subdivision, the declaration of covenants and restrictions shall
be recorded simultaneously with the filing of the subdivision plat
in the Dutchess County Clerk's office.
B.
Flag and radial lots. A lot may derive its street
frontage and access by means of a strip of land connecting the street
and the main portion of the lot, provided that no portion of said
access and frontage strip of land shall be less than 50 feet wide.
The front yard setback of such a flag lot shall be measured from the
rear lot line of the lot between the flag lot and the street on which
it has frontage. In the case of a lot with radial or angled side lot
lines, the front yard setback shall be established where the lot meets
the minimum lot width requirement when measured parallel to the street
from which the lot derives access.
C.
One driveway. The lot on which a one-family or two-family dwelling
is located shall have a maximum of one driveway curb cut.
[Added 9-10-2020 by L.L.
No. 3-2020]
[Amended 7-5-2006 by L.L. No. 5-2006; 6-11-2007 by L.L. No.
6-2007; 8-8-2011 by L.L. No. 19-2011; 4-27-2015 by L.L. No. 1-2015; 1-30-2017 by L.L. No. 1-2017[1]]
A.
Yard for every building. No part of a yard or other open space provided
about any building or on any lot for the purpose of complying with
the provisions of this chapter shall be included as any part of the
yard or open space for any other building or any other lot.
B.
Obstructions in yards. Buildings or structures or any projection
from buildings or structures shall not be permitted in a required
yard, except as follows:
C.
Yard requirements on multiple frontage lots. A front yard shall be
provided on each street. On a corner lot, there shall be provided
a front yard on each street. A rear yard shall be provided on each
corner lot, and the property owner shall elect which yard, other than
a front yard, is the rear yard.
D.
Exception for existing alignment of buildings. If, on one side of
the street within 150 feet of any lot, there is pronounced uniformity
of alignments of the depths of front yards greater or less than the
required minimum depths specified in the Schedule of Dimensional Regulations
for Residential Districts,[2] a front yard shall be required in connection with any
new building which shall conform as nearly as practicable with those
existing on adjacent lots.
[2]
Editor's Note: Said schedule is included as an attachment
to this chapter.
E.
Swimming pools. A swimming pool, including accessory equipment, shall
be considered a structure and shall have the same setback requirements
from lot lines as required for accessory buildings in the subject
zoning district. In-ground swimming pools and pools which are less
than 48 inches in height, including accessory equipment, must be surrounded
by a fence of at least four feet in height with a self-closing and
self-locking gate(s) and constructed in accordance with the New York
State Uniform Code. Associated electrical facilities for pool filters
and electrical outlets must comply with the New York State Uniform
Code.
[Amended 5-14-2018 by L.L. No. 6-2018]
F.
Fences, walls and retaining walls.
[Amended 5-14-2018 by L.L. No. 6-2018]
(1)
In the residential zoning districts, the maximum height of any fence,
wall or retaining wall is six feet in height, except as set forth
in this section.
(2)
In the nonresidential zoning districts the Planning Board may allow
a fence in excess of six feet but not exceeding 12 feet above adjoining
grade, provided that the Board finds such fence necessary and appropriate
for safety and/or security purposes. Any fence exceeding six feet
in height shall be designed by a licensed professional engineer, architect
or landscape architect. A building permit shall be required for the
construction of such fence, and a certificate of compliance or certificate
of occupancy, as applicable, shall be issued upon completion of the
fence and submission to the Town of a certification by said licensed
professional that the fence was constructed in accordance with said
professional's design.
(3)
All walls and retaining walls which are four feet in height or higher
shall be designed by a licensed professional engineer, architect or
landscape architect. A building permit shall be required for the construction
of such wall or retaining wall, and a certificate of compliance or
certificate of occupancy, as applicable, shall be issued upon completion
of the wall or retaining wall and submission to the Town of a certification
by said licensed professional that the wall or retaining wall was
constructed in accordance with said professional's design.
[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 4-27-1998 by L.L. No. 4-1998]
A.
Projecting features above roof level for accessory
structures. The maximum building height limitations of the Zoning
Law shall not apply to church spires and belfries in any case, nor
to flagpoles, domes, silos, chimneys, ventilators, skylights, water
tanks or television antennas or to similar incidental and accessory
features and such necessary mechanical appurtenances not used for
human occupancy, provided that:
(1)
The projecting feature shall not extend more than
20 feet above the roof.
(2)
The total area covered by such features shall not
exceed 10% of the area upon the roof upon which they are located.
(3)
Parapets and cornices, used for ornamentation and
without windows, shall not extend more than five feet above the roof.
B.
Exceptions for certain principal structures and uses. The building height limitations of this chapter shall not apply to transmission towers and cable, radio, television or personal wireless services facilities when such principal structures and uses are otherwise permitted by § 240-81 of this chapter.
All exterior lighting in connection with all
buildings, signs or other uses shall be directed away from adjoining
streets and properties and shall not cause any objectionable glare
observable from such streets or properties. Hours of lighting may
be limited by the Planning Board in acting on any site development
plan. No use shall produce glare so as to cause illumination beyond
the property on which it is located in excess of 0.5 footcandles.
On a corner lot, no wall, hedge or other structure
or planting more than three feet in height shall be erected, placed
or maintained within the triangular area formed by the intersecting
street right-of-way lines and a straight line joining said street
right-of-way lines at points which are 50 feet distant from the point
of intersection, measured along said street right-of-way line. The
height of three feet shall be measured above a theoretical plane connecting
those two points. This section shall not apply to existing trees,
provided that no branches are closer than six feet to the ground.
A.
Landscaping of unused areas. All portions of multifamily
and nonresidential properties which are not used for locations for
buildings, structures, off-street parking and loading areas, sidewalks
or similar purposes shall be landscaped and permanently maintained
in such manner as to minimize erosion and stormwater runoff and harmoniously
blend such uses with the residential character of the Town as a whole.
B.
Buffer requirements. In connection with the review
of any site development plan or special permit application for multifamily
and nonresidential use abutting or directly across a local street
from any property in a residence district, a buffer strip shall be
required along all such property lines. Such buffer strip shall comply
with at least the following minimum standards:
(1)
It shall be of evergreen planting of such type, height,
spacing and arrangement as, in the judgment of the Planning Board,
will effectively screen the activity of the lot from the neighboring
residential area. Nonevergeen planting may be included to supplement
evergreen planting, but not to take its place.
(2)
It shall be at least 20 feet in width.
(3)
A wall or fence of location, height, design and materials
approved by the Planning Board may be substituted for part or all
of the required planting and buffer area.
(4)
Where the existing topography and/or landscaping provides
adequate screening, the Planning Board may modify the planting and/or
buffer area requirements.
C.
Maintenance. All plantings shown on an approved site
development plan or special permit plan shall be maintained in a vigorous
growing condition throughout the duration of use and plants not so
maintained shall be replaced with new plants at the beginning of the
next immediately following growing season.
D.
Outdoor storage. The outdoor storage shall be suitably
screened from all adjoining streets and properties in accordance with
a plan approved by the Planning Board.
The use of tents, trailers and mobile homes for permanent dwelling purposes shall not be permitted in any district except as permitted and regulated in § 240-51, Mobile home park, of this chapter. One unoccupied camp trailer may be parked or stored in an enclosed accessory structure or in a rear yard, provided that no permanent living quarters shall be maintained therein.
A certificate of occupancy may be granted by
the Building Inspector for a period not to exceed one year in order
to provide convenient temporary living quarters during the initial
construction or substantial reconstruction of a one-family residence
on the same lot. Such a temporary certificate of occupancy shall not
be granted until a water supply and sanitary sewage disposal system
have been approved, constructed and are in operation. A temporary
certificate of occupancy may be issued by the Building Inspector for
a period not to exceed one year for use as a temporary field office
in connection with and only during the course of construction.
[Added 2-23-2004 by L.L. No. 3-2004]
A temporary construction or sales trailer shall
be permitted as a temporary accessory use to residential and nonresidential
development projects, and a building permit shall be issued therefor,
subject to the following conditions:
A.
A construction trailer shall be limited to development
projects involving the construction of two or more dwellings, or for
a nonresidential site development plan involving more than 5,000 square
feet of gross floor area.
B.
A sales trailer shall be limited to development projects
involving the construction of 10 or more dwellings, or for a nonresidential
site development plan involving more than 20,000 square feet of gross
floor area.
C.
No more than one trailer, whether it is for construction
or sales, is permitted per development project, or approved phase
thereof.
D.
No trailer shall exceed 1,200 square feet of gross
floor area.
E.
A construction or a sales trailer shall be utilized
only for the express purpose of site improvements and building construction,
or the conduct of business pertaining directly to the selling of lots
and/or homes for the subdivision or development in which it is located,
respectively.
F.
Construction and sales trailers shall meet the minimum
setback requirements from all existing streets abutting the perimeter
of the subject property and shall maintain twice the minimum required
setback from any residential property abutting the property on which
they are located.
G.
Access to and parking for a construction or a sales
trailer shall be from any new or proposed road, where applicable,
and as approved by the Planning Board or, if proposed subsequent to
subdivision or site plan approval, not less than 25 feet from the
edge of pavement of any proposed road, or as otherwise directed by
the Building Inspector. Before a sales trailer is occupied, the binder
course for the road providing access to it shall be completed, where
applicable.
H.
The location of a construction or sales trailer shall
be shown on the subdivision or site development plan approved by the
Planning Board, or, if proposed subsequent to subdivision or site
plan approval, shall be subject to approval by the Building Inspector
and the Fire Inspector.
I.
A construction or a sales trailer shall be removed
from the property and the certificate of occupancy therefor shall
expire two years from the date of issuance of a certificate of occupancy
therefor, or upon acceptance of the road by the Town, whichever occurs
first. In no case shall a construction or a sales trailer be permitted
for more than two years for any development or approved phase of development,
unless otherwise extended by the Town Board.
J.
No sales trailer shall be permitted, and all trailers
shall be removed, where a model house exists on the development site.
K.
A construction or a sales trailer shall be provided
with all required utility connections, including but not limited to
electricity, telephone service, and shall meet all requirements of
the New York State Uniform Fire Prevention and Building Code. All
utility connections, including temporary connections, shall be underground.
L.
A certificate of occupancy for a sales trailer shall
not be granted and no use thereof shall be permitted until a water
supply and sanitary sewage disposal system have been approved, constructed,
inspected and is in operation in accordance with the requirements
of the Dutchess County Health Department.
M.
The hours of sales operations shall be limited to
9:00 a.m. to 6:00 p.m. daily, unless otherwise approved by the Town
Board.
N.
Violations of the Zoning Law or other provisions of
the Town Code may result in the revocation of the certificate of occupancy
for and the immediate removal of any construction or sales trailer.
The use of satellite receiving antennas shall
be allowed in all districts within the Town of Wappinger, subject
to the following requirements:
A.
There shall not be more than one such antenna allowed
on any lot or building, whichever is more restrictive, except that
more than one antenna on any lot or building may be permitted by the
Planning Board where, at the Board's discretion, it deems more than
one antenna is warranted for reasons including but not limited to
compliance with the Federal Communications Commission regulations.
More than one antenna per lot or building shall be subject to site
plan approval by the Planning Board.
B.
Such antenna shall be properly mounted, anchored and
grounded as determined by the Building Inspector.
C.
The construction and installation of such antennas
shall conform to all applicable building codes and other regulations
and requirements.
D.
Subject to the provisions contained herein, such antenna
shall be located only in the rear yard of any lot. If a usable signal
cannot be obtained in the rear yard, the antenna may be located in
the side yard of the property subject to the requirements contained
in this chapter.
E.
Such antenna shall be designed and located to minimize
visual impact on adjacent property and roadways. The color and construction
of the antenna shall be compatible with its surroundings.
F.
A landscaped evergreen planting screen or fence shall
be provided for any ground-mounted antenna to screen it from view
of adjacent lots and public view.
G.
Such antenna shall not be more than 12 feet in diameter
and the uppermost part of any such ground-mounted antenna shall not
exceed 13 feet above grade level.
H.
Wiring between a ground-mounted antenna and a receiver
shall be placed beneath the surface of the ground.
I.
Any satellite receiving antenna greater than three
feet in diameter shall be considered a structure, as defined herein,
and shall require a building permit issued by the Building Inspector.
A.
Application.
(1)
Application for permit shall be made, in writing,
upon sign permit forms prescribed by the Town's Zoning Administrator.
(2)
Applicant shall furnish a detailed drawing or blueprint
showing description of the construction details of the sign and showing
the lettering and other advertising matter on the sign; sign colors;
sign height; sign area, type and position of lighting; a location
plan showing the position of all signs in relation to buildings and
to any street, highway or sidewalk, including the location of any
sign or signs on any structure.
(3)
Written consent of the owner of the building, structure
or land, or an authorized representative, on which the sign is to
be erected, in the event that the applicant is not the owner.
B.
Conformity required. No sign shall be erected, constructed, displayed, maintained, moved, reconstructed, extended, enlarged or altered without a permit issued by the Zoning Administrator and, except for those signs permitted in Subsection D(1) and (2) below, unless all such signs conform with the following requirements and the specifications of a site development plan approved by the Planning Board. In acting on a site development plan, the Planning Board may authorize variation from these standards upon demonstration of good cause and in the interest of good design.
C.
Relationship to a permitted use. All signs must pertain
to a use conducted on the same property on which they are located.
D.
Signs in residence districts. The following signs
shall be permitted in residence districts:
(1)
Residence sign size and location. One identification
sign stating the name and address of resident, property or permitted
accessory use, not exceeding two square feet in area, may be attached
to 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.
(2)
Special sign size and location. One "for sale" or
one "to let" sign not exceeding six square feet in area and shall
be no closer than 10 feet to the edge of the road pavement or sidewalk,
where it exists.
(3)
Special permit use signs. Identification signs for nonresidential uses permitted within residential districts subject to special permit approval shall be permitted subject to the special standards established for such uses or, if specific sign regulations do not exist, subject to the regulations for residence signs in Subsection D(1) above and the satisfaction of the Planning Board.
E.
Sign regulations in residence districts.
F.
Signs in nonresidence districts. The following signs
shall be permitted in nonresidence districts:
(1)
Signs affixed to structures. Not more than one sign
per retail or business outlet, affixed and parallel to the outer wall
of the structure, facing upon either a principal street or upon the
parking lot pertinent to such structure, except that buildings on
a corner lot may have a sign on two facades, one sign facing each
street, provided that:
(a)
No sign shall project above the roof or beyond
the side walls of the structure pertinent to the permitted use.
(b)
No sign shall face an abutting residential zoning
district.
(c)
The length of such sign shall not exceed 80%
of the building length.
(d)
The aggregate area of such sign shall not exceed
two square feet for each linear foot of building length or 100 square
feet, whichever is less. On buildings having signs on two sides, the
sign area on the side facade shall not exceed 1/2 the allowable sign
area on the front facade or 50 square feet, whichever is less.
(e)
Buildings wholly devoted to professional or office uses shall have not more than one building identification sign of an area suitably related to the size of the building but not greater than 25 square feet except where, in accordance with § 240-29B above, the Planning Board may allow the area of such sign to be increased to a maximum of 35 square feet.
(2)
Permanently mounted freestanding signs.
(a)
Not more than one freestanding sign, mounted in such manner
as to constitute a permanent fixed installation, no taller than 10
feet, composed of no more than two back-to-back faces, along each
street on which the lot abuts, shall be allowed, provided that the
aggregate area of each such sign shall not exceed two square feet
for each linear foot of building length facing the street or 25 square
feet, whichever is smaller. A freestanding sign shall be located on
private property and shall not be located closer than 25 feet to any
side or rear lot line, and not closer than 15 feet to the edge of
pavement of any roadway. Notwithstanding the above, the Planning Board
may allow a freestanding sign in the right-of-way of a state or county
road with the permission of the owner of the road, but in no case
closer than 15 feet to the edge of pavement of the roadway. In no
case shall a freestanding sign be located in a manner which adversely
affects sight distance for vehicles.
(b)
One additional sign, of an equal or lesser dimension, shall
be allowed in the case of commercial development consisting of two
or more structures separated by at least 25 feet and located more
than 125 feet from the front lot line. Said signs shall be coordinated
with respect to construction and appearance to function as a single
sign.
[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.
(3)
Window signs. Signs affixed to or placed so as to
be visible through a glass surface shall not exceed 20% of the total
glass area.
(4)
Canopy signs. One hanging canopy sign shall be permitted
per retail or business outlet. The sign area shall not exceed two
square feet on each side and shall be placed under the canopy to identify
the business entrance. The sign shall be hung perpendicular to the
front of the building and shall not extend beyond the outer edge of
the canopy.
(5)
Temporary signs. Temporary signs, portable or fixed,
are not allowed except to identify an area of construction or property
for sale or rent on such property. Such signs shall not exceed six
square feet in area, with not more than one for each street frontage
of the lot. Such signs shall not exceed a duration of six months and
shall not be located closer than 25 feet to any front, side or rear
lot line.
(6)
Illumination. One permitted freestanding sign and one permitted building-mounted
sign may be illuminated, during business hours only, provided that
such illumination shall not be twinkling, flashing, intermittent or
of changing degrees of intensity, except for time/temperature signs,
and provided that the source of such illumination shall not be visible
beyond the boundaries of the lot on which it is located.
[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.
(7)
Animation. No sign shall be mechanically animated,
such as moving, rotating or revolving.
(8)
Visibility. No sign shall be located so as to obstruct
any signs displayed by public authority, nor shall any sign be placed
in such a way as to obstruct proper sight distance or otherwise interfere
with pedestrian or vehicular traffic.
(9)
Location. No sign other than approved directional
signage shall be located in any roadway, parking area or right-of-way.
(10)
Contents and/or design. The contents of any
sign and/or height of its lettering shall be designed such that it
can be easily read by the intended audience (i.e., motorists traveling
at highway speeds). The design of the sign shall be such as to complement
the site on which it is to be located.
G.
Dated
event. Any sign which promotes a dated event, the date of which has
passed, shall be removed within three days after the event by the
owner of the property where the sign is located or by the promoter
of the event.
[Added 9-9-2013 by L.L. No. 13-2013]
[Amended 1-23-2012 by L.L. No. 3-2012]
A.
If any accessory building is attached to a main building, including
attachment by means of an enclosed and heated breezeway, it shall
comply, in all respects, to the requirements of this chapter applicable
to the main building. All other accessory buildings shall comply to
the requirements for such buildings in the Schedule of Regulations.[1]
[Amended 9-10-2020 by L.L. No. 3-2020]
[1]
Editor's Note: Said schedule is included as an attachment
to this chapter.
B.
No more
than two accessory buildings shall be permitted in any 1-Family Residence
District. No such accessory building shall have a footprint greater
than 600 square feet nor a height in excess of 20 feet.
[Amended 9-9-2013 by L.L. No. 13-2013]
[Amended 6-13-2011 by L.L. No. 5-2011]
No building permit shall be issued for the construction
of a new building in any zoning district unless building plans indicate
that each dwelling unit contains at least the required usable floor
area as set forth in the following schedule:
|
District
|
Minimum Livable Floor Area
(square feet)
|
|---|---|
|
R-5A
|
1,200
|
|
R-3A
|
1,200
|
|
R-80
|
1,200
|
|
R-40/80
|
1,200
|
|
R-40
|
1,200
|
|
R-20/40
|
1,200
|
|
R-20
|
1,200
|
|
R-15
|
1,000
|
|
R-10
|
800
|
|
District
|
Minimum Livable Floor Area Multifamily
(square feet)
|
Single-Family
(square feet)
|
|---|---|---|
|
RMF-3
|
500
|
800
|
|
RMF-5
|
500
|
800
|
|
Other zones where residence is permitted
|
500
|
800
|
[Amended 9-24-2001 by L.L. No. 5-2001; 6-27-2005 by L.L. No.
7-2005]
A.
Alteration of wetlands, waterbodies or watercourses. In any district, no alteration of wetlands, waterbodies or watercourses, or adjacent lands within 100 feet thereof, shall take place except in conformance with Chapter 137 of the Town Code.
B.
Hilltops, ridge lines and steep slopes. For the purpose
of preventing erosion, minimizing stormwater runoff and flooding,
preserving the Town's underground water resources and protecting the
Town's character and property values, it is the intent of this chapter
to prevent the development of hilltops, ridge lines and steep slopes
and toward this end, wherever possible, new construction shall avoid
such areas and existing vegetation in such areas shall not be disturbed.
The Planning Board, the Zoning Board of Appeals and the Building Inspector
shall take this objective into consideration in reviewing and acting
on any plans submitted pursuant to the provisions of this chapter.
For purposes of this section, steep slopes shall be considered to
be those areas with an average slope in excess of 25% over a horizontal
distance of 100 or more feet.
C.
Procedure. Before granting or denying any request
in accordance with this section, the Planning Board:
(1)
May require a public hearing, the notice of which shall be published
in the Town's officially designated newspaper at least five days prior
to the date of such hearing. The expense of publishing any notice
required by this section shall be paid for by the applicant.
[Amended 11-13-2019 by L.L. No. 6-2019]
(2)
May request a written report on the effects of such
alteration by the Soil Conservation Service of the United States Department
of Agriculture or other expert of the Planning Board's choosing at
the expense of the property owner or developer and payment in advance
of the amount of such expense, if any, shall be a condition of further
consideration.
A.
Purpose. For the purpose of securing safety from flood,
prevention of property damage and loss and all other related dangers
and of promoting the health and general welfare by regulating and
restricting development in the flood-prone areas of all rivers, creeks,
streams and water bodies which have or tend to have overflowed their
banks, the provisions of this section shall apply within the designated
flood-prone areas, the general boundaries of which are shown on the
Town Zoning Map.[1]
[1]
Editor's Note: Said map is on file in the
Town offices.
B.
Official flood-prone area profiles established. The
official flood-prone area profiles, which shall govern the location
of flood-prone area jurisdictional territory boundaries, prepared
for the Department of Housing and Urban Development by the United
States Geological Survey shall be placed on file and maintained in
the office of the Town Clerk for public review.
C.
Permitted uses. The flood-prone area is superimposed
upon other districts provided for in this chapter. The permitted principal
and accessory uses for any lot in the flood-prone area shall be the
same as otherwise permitted in the district in which it is located.
D.
Delineation of flood-prone areas. The boundary of
the flood-prone areas shall be that of the one-hundred-year recurrence
interval flood.
E.
Permits for development within a flood-prone area. Within a flood-prone area, no structures shall be erected, constructed, altered or enlarged except as part of an approved site development plan prepared in accordance with Article IX of this chapter and subject to the following additional conditions:
(1)
In addition to the normal information contained on
the required site plan, such plans shall also show the limits of the
flood-prone area, the elevation of the first floor of any proposed
building, the required access and its elevation and the existing and
proposed grades on the property.
(2)
A written statement shall be submitted by the applicant,
indicating how the proposed development complies with the additional
standards and requirements of this section.
F.
General requirements.
(1)
All uses. No structure, fill (including fill for roads
and levees), deposit, obstruction, storage of materials or equipment
or other uses shall be permitted which, acting alone or in combination
with existing or future uses, unduly affects the capacity of the stream
channel or unduly increases flood heights. Consideration of the effects
of a proposed use shall be based upon the assumption that there will
be an equal degree of encroachment on both sides of the channel and
that the flood-prone area delineation will equitably affect riparian
properties and interests.
(2)
Fill. Any fill proposed to be deposited in the designated
flood-prone area must be shown to have some beneficial purpose and
that the amount thereof is not greater than necessary to achieve that
purpose, as demonstrated by a plan submitted by the property owner
showing the uses to which the filled land will be put and the final
dimensions of the proposed fill or other materials. Such fill or other
materials shall be protected against erosion by riprap, vegetation
cover or bulkheading to the degree determined necessary by the Planning
Board. If the Planning Board determines that the water-storage capacity
of the flood-prone area is substantially reduced by such proposed
fill, it may require an equivalent amount of earth excavation to offset
the reduced capacity.
[Amended 9-24-2001 by L.L. No. 5-2001]
(3)
Structures.
(a)
Within any designated flood-prone area, all
structures shall be subject to the following special limitations:
[1]
All structures shall be built to withstand hydrostatic
pressure, erosion and seepage up to an elevation not less than three
feet above the design floodplain water elevation.
[2]
The first-floor elevation shall not be less
than three feet above the design floodplain water elevation.
[3]
All materials located below the first-floor
elevation shall be protected from flood damage by the installation
of watertight doors, bulkheads or shutters and by adequate waterproof
construction.
[4]
Structures shall be served only by service facilities,
such as water, sewer, electrical and heating equipment, that are adequately
protected from flood damage so as to prevent interruption of service.
[5]
Each principal structure shall have at least
one access route from a public street, which route is above the design
floodplain water elevation and which route can be used for access
by emergency equipment and the evacuation of persons.
[6]
Parking garages and parking lots shall be permitted
below the design floodplain water elevation, but all such areas shall
have warning signs clearly visible that the parking areas are subject
to flooding.
(b)
All structures within the mean annual flood
line of the flood-prone area shall be subject to the following additional
limitations:
[1]
Structures shall be designed to cause the least
possible impediment to the flow of floodwater and debris, including,
if possible, construction with the longitudinal axis parallel to the
direction of the flood flow and in line with similar structures on
adjoining properties.
[2]
No structure meant for human habitation shall
be permitted.
[3]
No structure shall be permitted with walls or
other similar features extending below the design floodplain water
elevation except for necessary supporting columns or piles.
G.
Storage of materials and equipment. There shall be
no storage of materials or equipment that are buoyant, flammable,
explosive or could be injurious to human, animal or plant life. The
storage of other materials or equipment, if allowed in the district
in which the property is situated, shall be permitted if not subject
to damage by flood, if anchored to prevent flotation or readily removable
from the area within the limited time available after flooding warning
and if it will not cause pollution of the stream or river.
A.
Work experience. All persons starting a beekeeping
operation shall have worked with an experienced beekeeper for no less
than 80 hours or have an equivalent educational certificate.
B.
Registration. Each beekeeper shall register his beekeeping
operation with the State Department of Agriculture as required by
state law.
C.
Enforcement. A beekeeper shall not create or maintain
an unsafe or hazardous condition to the community. If such a complaint
is registered with the Town Zoning Administrator, the Town can request
an investigation by the State Bee Inspector or local recognized bee
authority to help render a decision. If the beekeeper is found in
fault, corrections or removal must be made in accordance with the
inspection report within a sixty-day period.
[Amended 1-28-2013 by L.L. No. 6-2013]
A.
Findings and purpose.
(1)
The Town Board finds that the economy and quality of life of the
Town of Wappinger are affected by its visual environment. The general
welfare of residents and of property owners, as well as property values
and the tax base, are enhanced by natural and man-made features and
structures of visual and historical value. Excessive uniformity, dissimilarity,
inappropriateness or poor quality of design in the exterior appearance
of buildings erected in any neighborhood adversely affects the desirability
of the immediate area and neighboring areas for residential and business
purposes or other uses and, by so doing, impairs the benefits of occupancy
of existing property in such areas, impairs the stability and value
of both improved and unimproved real property in such areas, prevents
the most appropriate development of such areas, produces degeneration
of property in such areas with attendant deterioration of conditions
affecting the health, safety, comfort and general welfare of the inhabitants
thereof and destroys a proper relationship between the taxable value
of real property in such areas and the cost of municipal services
provided therefor. It is a purpose of this chapter to prevent these
and other harmful effects of such exterior appearances of buildings
erected in any neighborhood and thus to promote and protect the health,
safety, comfort and general welfare of the community, to promote the
public convenience and prosperity, to conserve the value of buildings
and natural and man-made features and to encourage the most appropriate
use and development of land within the Town.
(2)
Accordingly, the Town Board of the Town of Wappinger hereby finds
that it is in the best interests of the citizens of the Town of Wappinger
and protective of their health, safety, and economic and general welfare
to authorize the Planning Board to have architectural and historic
district powers, as hereinafter set forth, in order to accomplish
these purposes and to ensure proper protection and development of
the visual environment of the Town of Wappinger.
B.
Functions of the Planning Board.
(1)
Architectural approval authority. The Planning Board shall have the
authority to approve, approve with modifications or conditions, or
disapprove architectural plans on the following matters:
(a)
National Register, State Register and locally designated properties
and districts: plans for construction, alteration, addition or restoration
of buildings located in federal, state or locally designated historic
districts or located on the same property as individual structures
listed on the National Register of Historic Places or determined to
be eligible for listing on the National Register of Historic Places
by the State Office of Parks, Recreation and Historic Preservation
or locally designated by the Town of Wappinger as significant historic
structures.
(b)
Site development plans: site development plans before the Planning
Board for review, including, but not limited to, industrial, commercial,
office, two-family-dwelling, multifamily-dwelling and mobile-home-park
development, and open space development.
(c)
Special permit uses: applications for special permit uses in
all districts.
(d)
Signs: plans for the construction or erection of signs.
(e)
Modification: plans for the architectural modification of industrial,
commercial, office, two-family-dwelling, multifamily-dwelling or mobile-home-park
development, including newly installed rooftop equipment.
(2)
Reports. The Planning Board may, on its own initiative, issue reports
recommending programs or legislation in the interest of preserving
or improving the visual environment.
C.
Procedures. Whenever architectural or historic district powers are
invoked pursuant to this section, the Planning Board may request such
additional information from the applicant as is necessary to enable
the Planning Board to review the proposed project. Essential plans
and information shall include, but not be limited to:
(1)
Applications.
(a)
Planning Board file.
(b)
Building Department files: Building Department files on the
subject property and adjacent properties.
(c)
Plans and elevations: scale plans and elevations showing the
nature of construction and the materials to be incorporated in the
exterior of the project.
(d)
Site plans: a site plan, at an appropriate scale, showing information required by Article IX of this chapter.
(e)
Renderings: three-dimensional sketches or renderings illustrating
significant aspects of construction and exterior design, when deemed
necessary and requested by the Planning Board and at a scale deemed
appropriate by the Planning Board.
(2)
Preliminary design and meeting with applicant. Applicants shall be
encouraged to submit preliminary designs for Planning Board review
and comment prior to final design submission.
(3)
Site visits. Insofar as is possible, whenever deemed necessary by
the Planning Board, members of the Planning Board shall visit the
site of proposed construction.
D.
Standards for review. In conducting its review, the Planning Board
shall evaluate the proposed architectural and landscaping plans in
accordance with the following standards:
(1)
New structures should be constructed to a height visually compatible
with the buildings and environment to which they are visually related.
(2)
The gross volume of any new structure should be visually compatible
with the buildings and environment to which it is visually related.
(3)
In the elevations of a building, the proportion between the width
and height in the facades should be visually compatible with the buildings
and environment to which they are visually related.
(4)
The proportions and relationships between doors and windows in the
facades should be visually compatible with the buildings and environment
to which they are visually related.
(5)
The rhythm of solids to voids, created by openings in the facade,
should be visually compatible with the buildings and environment to
which it is visually related.
(6)
The existing rhythm created by existing building masses and spaces
between them should be preserved, insofar as practicable.
(7)
The materials used in the facades should be visually compatible with
the buildings and environment to which they are visually related.
(8)
The texture inherent in the facades should be visually compatible
with the buildings and environment to which they are visually related.
(9)
Colors and patterns used on the facades should be visually compatible
with the buildings and environment to which they are visually related.
(10)
The design of the roof should be visually compatible with the
buildings and environment to which it is visually related.
(11)
The landscape plan should be sensitive to the individual building
and to its occupants and their needs. Further, the landscape treatment
should be visually compatible with the buildings and environment to
which it is visually related.
(12)
All facades should blend with other buildings via directional
expression. When adjacent buildings have a dominant horizontal or
vertical expression, this expression should be carried over and reflected.
(13)
Architectural details should be incorporated as necessary to
relate the new with the old and to preserve and enhance the inherent
characteristics of the area.
(14)
The setback of the buildings from the street or property line
and the other yard setbacks should be visually compatible with the
buildings and environment to which they are visually related.
(15)
Signs should be of a size, scale, style, materials and illumination
that are visually compatible with the building to which they relate
and should further be visually compatible with the buildings and environment
to which they are visually related.
E.
Findings.
(1)
The Planning Board may make the following findings:
(a)
Approved. This finding shall be indicative that the plan will
not be detrimental to the visual environment, meets the standards
required by the Town of Wappinger and is approved.
(b)
Approved with modifications or conditions. This finding shall
be indicative that the plan will meet the standards of the recommended
category with modifications or conditions. If the suggested modifications
are made, the plan shall be deemed approved.
(c)
Disapproved. This finding shall be indicative that the plan
is found to be detrimental to the visual environment and beneath the
standards of design required by the Town of Wappinger and cannot be
rendered acceptable by the imposition of conditions or modifications
and is therefore disapproved.
(2)
The above-mentioned findings may be made as part of a concurrent
resolution of the Planning Board, such as, for example, site development
plan approval.
F.
Substantial change of approved plans. Any substantial change in siting
or in the exterior appearance of any approved project may be subject
to review and reconsideration by the Planning Board at the discretion
of the appropriate referring agency or the Planning Board.
[Added 1-28-2013 by L.L. No. 6-2013]
A.
Except
for the movement of off-road vehicles into and out of storage locations,
ATVs shall not be operated on any lot which is less than two acres
in size.
B.
No all-terrain
vehicle shall be operated within 400 feet of any residence, except
the residence of the owner or operator thereof, between the hours
of 7:00 a.m. and 10:00 p.m. Further, no all-terrain vehicle shall
be operated within 800 feet of any residence, except the residence
of the owner or operator thereof, between the hours of 10:00 p.m.
and 7:00 a.m.
C.
No person
shall operate or cause to be operated any all-terrain vehicle that
is not equipped with a properly functioning muffler system required
by § 2406(1)(b) of the New York State Vehicle and Traffic
Law.
[Added 3-24-2014 by L.L. No. 1-2014; amended 7-13-2020 by L.L. No. 2-2020]
A.
Purpose. It is the purpose of this section to establish the circumstances and conditions pursuant to which existing restaurants or other food service establishments shall be authorized to provide outdoor tables and seating (hereinafter "outdoor seating") for patron use on the same parcel on which the establishment is located. Outdoor seating or "al fresco dining" has become very popular in this community, and indeed in this country. Consequently, in recent years, the Town's Zoning and Building Departments have received numerous requests from existing restaurants and other food service establishments to permit outdoor seating. In some instances, many of these establishments have simply placed tables and outdoor seating adjacent to their establishments without obtaining requisite zoning approvals as required by the Town Zoning Code. It is the intention of this section to specifically identify the criteria, standards and conditions pursuant to which an existing restaurant or other food service establishment may obtain permission for placement of outdoor tables and seating for patron use. Subject to the following provisions, authorization for outdoor seating for 16 or fewer patrons may be approved by the Zoning Administrator upon concurrence and review of the proposed seating by the Town's Fire Inspector or similar such official. Except as provided in this section, all other requests for outdoor seating shall require site development plan approval pursuant to Article IX of the Town's Zoning Code.
B.
Requirements. The Zoning Administrator, upon review and approval
of the Town's Fire Inspector or similar such official, is hereby authorized
to approve outdoor seating for 16 or fewer patrons on the same lot
as the restaurant or other food service establishment on the following
conditions:
(1)
The request for authorization for such outdoor seating shall be made in writing and signed by the owner of the restaurant or other food service establishment and shall contain a scaled drawing of the location and placement of the proposed outdoor seating, service area(s), pedestrian routing, outdoor lighting, ingress and egress, landscaping, barriers for protection as per Subsection B(11) below, and any weather protection such as a tent which may be proposed.
(2)
The proposed outdoor seating shall be for 16 or fewer patrons.
(3)
The outdoor seating shall be placed/located on the same lot
as the restaurant or other food service establishment, and such outdoor
seating shall be located adjacent to the restaurant or other food
service establishment, but shall not be located within parking areas.
(4)
The scaled drawing shall be reviewed by the Town's Fire Inspector
or similar such official for determination of compliance with the
New York State Uniform Code or the New York State Fire Code for compliance
with safety provisions.
(5)
The outdoor seating shall only be permitted on sidewalks, pavement,
landscaped areas, or other areas consisting of natural materials providing
a level, stable base for such outdoor seating.
(6)
Such outdoor seating shall be prohibited on platforms.
(7)
Such outdoor seating, and any related appurtenances such as
tables, chairs, umbrellas, planters, dividers, and related outdoor
ornaments, shall be placed and/or located so as to create at least
three feet of unimpeded pedestrian sidewalk clearance, shall not be
placed/located in parking areas and shall be placed/located so as
not to obstruct doorways or means of ingress and egress or otherwise
impede or obstruct designated fire lanes.
(8)
All food and beverages served by the restaurant or other food
service establishments shall be sold and dispensed from the interior
of the establishment, and a certificate from the Dutchess County Department
of Health which authorizes outdoor dining shall be submitted to the
Town's Zoning Administrator prior to issuance of any certificate of
occupancy or certificate of compliance as hereinafter provided. In
the event the establishment is licensed to serve alcoholic beverages,
the establishment shall be required to obtain all applicable approvals
from the New York State Liquor Authority and/or the New York State
Alcoholic Beverage Control Board (SLA and ABC), and proof of such
approvals shall also be submitted to the Town's Zoning Administrator
prior to issuance of any certificate of occupancy or certificate of
compliance.
(9)
The Zoning Administrator is expressly prohibited from authorizing
any outdoor music or sound amplification in connection with any approval
for outdoor seating under this section.
(10)
Upon review and approval by the Zoning Administrator and the
Town Fire Inspector as stated above, the Town's Code Enforcement Officials
shall be then authorized to issue a building permit for such outdoor
seating, and upon verification of construction compliance with the
conditions of approval, a certificate of occupancy and/or certificate
of compliance shall be issued to authorize such outdoor seating.
(11)
If such outdoor seating is proposed within 10 feet of any existing
or proposed roadway, driveway or parking area, substantial concrete
or equivalent safety barriers shall be provided between the vehicular
element(s) and such outdoor seating.
(12)
The applicant shall provide evidence of insurance for the establishment
which includes the outdoor dining.
C.
Violations. The failure to cure a violation of any permit condition
or requirement of this section within five days of the issuance of
a notice to cure shall subject the permittee to a fine of $300; provided,
however, that if the violation is one which may imminently endanger
the public health, safety or welfare, five days' notice to cure shall
not be required.
D.
Consultation. In determining the criteria and conditions required
for the issuance of each permit, the Zoning Administrator may consult
with Town departments and staff, including but not limited to the
Highway Department, Fire Inspector, Building Inspector, Town Engineer
and Town Planner, as well as county, state and federal agencies.
E.
Other requirements. The holders of permits for outside seating are
subject to and responsible for compliance with all local, county,
state and federal codes, laws, rules, regulations, and executive orders
and guidance, including but not limited to those of the Governor,
the New York State Liquor Authority, Dutchess County and the New York
State Department of State.
F.
Any proposed outdoor seating which does not comply with the requirements
of this section shall be subject to the review and approval of the
Planning Board, as applicable.
[Added 7-11-2016 by L.L.
No. 2-2016]
A.
Purpose and intent.
(1)
Solar energy is a renewable energy resource that can prevent
fossil fuel emissions and reduce a municipality's energy load. Energy
generated from solar energy systems can be used to offset energy demand
on the electrical grid where excess solar power is generated.
(2)
Federal and state subsidies and tax incentives make the installation
of solar energy systems financially attractive to the residents and
property owners of the Town of Wappinger and may result in reduced
energy costs.
(3)
The use of solar energy equipment for the purpose of providing
electricity and energy for heating and/or cooling is a priority and
is a necessary component of the Town's current and long-term sustainability
agenda.
(4)
This section aims to promote the accommodation of solar energy
systems and the provision for adequate sunlight and convenience of
access necessary therefor.
B.
Applicability.
(1)
This section shall apply to all solar energy systems installed
after its effective date. Modifications to an existing solar energy
system that increases the solar energy system's area by more than
5% of the original footprint or changes the solar panel type (e.g.,
photovoltaic to solar thermal) shall be subjected to this section.
(2)
Solar energy systems for which a valid certificate of completion
or occupancy has been issued prior to the effective date of this section
are not subject to the requirements of this section but shall be maintained
in good working order and are subject to the New York State Uniform
Code[1] and other applicable laws, rules and regulations.
(3)
Any building permit for a solar energy system that has been
properly issued prior to the effective date of this section but shall
be maintained in good working order and is subject to the New York
State Uniform Code and other applicable laws, rules and regulations.
C.
General provisions.
(1)
No solar energy system shall be installed or operated in the
Town of Wappinger except in compliance with this chapter.
(2)
All solar energy systems, including those installed as on-farm
equipment in an Agricultural District, shall require a building permit
and a certificate of occupancy/compliance upon completion.
(3)
No solar energy system shall be operated without a certificate
of occupancy or a certificate of compliance.
(4)
All solar energy systems shall comply with the New York State
Uniform Fire Prevention and Building Code and the New York State Energy
Conservation Construction Code established pursuant to New York Executive
Law § 381(2) ("NYS Uniform Code").[2]
(5)
The installation of all photovoltaic panel systems must be performed
by a qualified solar installer.
(6)
Any connection to the electric grid must be made under an approved
interconnection agreement and must be inspected and approved by the
electric utility.
(7)
Solar energy systems shall be maintained in good working order.
D.
Building-integrated photovoltaic (BIPV) systems.
(1)
BIPV systems integrated into one-family dwellings and accessory
buildings for one-family dwellings are permitted accessory uses in
all zoning districts.
(2)
BIPV systems integrated into new or existing buildings, other
than one-family dwellings, are subject to site plan or special permit
approval in the same manner as the building in which they are installed.
(3)
BIPV systems are subject to all applicable zoning requirements
for the building into which they are integrated.
E.
Rooftop-mounted solar energy systems.
(1)
Rooftop-mounted solar energy systems are permitted accessory
uses in all zoning districts.
(2)
Rooftop-mounted solar energy systems installed on one-family
dwellings and accessory buildings for one-family dwellings are permitted
accessory uses in all zoning districts.
(3)
Rooftop-mounted solar energy systems installed on new or existing
buildings, other than one-family dwellings, are subject to site plan
or special permit approval in the same manner as the building in which
they are installed.
(4)
Notwithstanding the provisions of § 240-22, solar collectors may exceed the maximum height limitations for the zoning district, provided that such structures are erected only to such height as is reasonably necessary to accomplish the purpose for which they are intended to serve; however, in no event shall the solar collector exceed the height limitation in the district by more than six feet.
(5)
Nonconforming uses. Rooftop-mounted solar energy systems are
permitted to be installed on a building housing a nonconforming use,
provided that they conform to the other requirements of this section.
(6)
Dimensionally nonconforming buildings. Rooftop-mounted solar energy systems may be installed on existing buildings that do not conform to the setback requirements of the district, provided that they do not increase the nonconformity. Rooftop-mounted solar energy systems may be installed on existing buildings that do not conform to the height requirements of the district, provided that they comply with Subsection E(4) above.
(7)
Roof-mounted photovoltaic systems installed on one- or two-family
dwellings may be reviewed under the Unified Solar Permit.
F.
Ground-mounted solar energy systems.
(1)
Building permits are required for the installation of all ground-mounted
solar energy systems.
(2)
Ground-mounted solar energy systems as an accessory use to a one- or two-family dwelling are allowed by special permit issued by the Planning Board in all zoning districts subject to the provisions of § 240-57.
(3)
Ground-mounted solar energy systems as an accessory use to primary uses other than a one- or two-family dwelling or farm operation are permitted in all zoning districts of the Town subject to special use permit and site plan approval subject to the provisions of § 240-57.
(4)
Ground-mounted solar energy systems that occupy an area greater
than 50% of the footprint of the primary structure(s) shall be considered
a solar farm, which is a principal use.
(6)
Nonconforming uses. Ground-mounted solar energy systems are
permitted to be installed on a lot housing a nonconforming use, provided
that they conform to the other requirements of this section.
G.
Solar
energy systems on farm operations in Certified Agricultural Districts.
(1)
No solar energy systems may be installed on a farm operation
in a Certified Agricultural District without the issuance of a building
permit as required by the Uniform Code.
(2)
Roof-mounted solar energy systems are permitted accessory uses
on farm operations in Certified Agricultural Districts subject to
the issuance of a building permit as required by the Uniform Code.
(3)
Ground-mounted solar energy systems that are considered to be
on-farm equipment in accordance with the guidance of the New York
State Department of Agriculture and Markets are permitted without
site plan approval; however, they are subject to a limited special
permit review by the Planning Board. For purposes of this review the
applicant shall provide:
(a)
Copies of any plans, drawings and specifications of the ground-mounted
solar energy system required by the Uniform Code;
(b)
A sketch of the parcel on a location map (e.g., Tax Map) showing
boundaries and dimensions of the parcel of land involved and identifying
contiguous properties and any known easements or rights-of-way and
roadways. Show the existing features of the site, including land and
water areas, wetlands and special flood hazard areas, and the approximate
location of all existing structures on or immediately adjacent to
the site. Show the proposed location of the ground-mounted solar energy
system as well as any access roadways and utility connections. Such
sketch need not be prepared by a design professional;
(c)
Authorization of the owner if the applicant is not the owner
of the property; and
(d)
Application form and fee.
(4)
Ground-mounted solar energy systems on farms that are not "on-farm
equipment" are solar farms subject to special permit and site plan
approval.
(5)
Solar farms in Certified Agricultural Districts should be located
in such a manner to minimize impacts to the most productive agricultural
soils on the property.
[Added 5-14-2018 by L.L.
No. 6-2018]
In the residential zoning districts, the outdoor storage of lawn-mowing and yard equipment, tractors, materials, debris, garbage and refuse, whether contained or not, is prohibited between the dwelling and any street line, except that garbage and refuse if properly contained in authorized private receptacles pursuant to §§ 210-12 and 210-14C of this Code are permitted. Exempt from this prohibition are seasonal decorations, lawn ornaments, picnic/patio/lawn tables and chairs, swing sets and customary lawn games. Swing sets shall not be permitted between the dwelling and any street line.[1]
[1]
Editor's Note: The provisions of former 240-36.5, Temporary
outdoor seating for existing food service establishments during the
COVID-19 pandemic, adopted 7-13-2020 by L.L. No. 2-2020 and which
immediately followed this section, expired 10-30-2020.
