All structures and land uses hereafter erected, enlarged, moved, created, changed in intensity or substantially altered shall be provided with the amount of off-street parking and loading space required by the terms of this article to meet the needs of persons occupying or using such structures or land. A permit for the erection, replacement or substantial alteration of a structure or land use shall not be issued unless off-street parking and loading facilities shall have been provided in accordance with an approved site development plan and the requirements set forth in this article, and such required parking and loading facilities shall be completed before a certificate of occupancy shall be issued.

Required off-street parking facilities which, after development, are later dedicated to and accepted by the Town shall be deemed to continue to serve the users or structures for which they were originally provided.

Location. Required parking and loading spaces shall be provided upon the same lot as the use or structure to which they are accessory, except that off-street parking spaces required for structures or land uses on two or more adjacent lots may be provided in a single common facility on one or more of said lots, provided that a legal instrument, satisfactory to the Town Attorney, assures the continued existence of the parking facility to serve said structure or land uses as long as they may exist. Such agreements shall also guarantee that upon the termination of such joint use, each subsequent use of the premises will provide off-street parking facilities for its own use in accordance with all requirements of this article. Also, the Planning Board may permit all or part of the required off-street parking spaces to be located on any lot within 200 feet of the building if the Board determines it is impractical to provide parking on the same lot with the building. In no event shall such parking and loading spaces for a nonresidential use be located in any residence district. Parking structures shall comply with all height, setback and coverage requirements for principal buildings in the district in which they are located. At the discretion of the approval authority, 50% of the areas immediately adjacent to gasoline pumps may be deemed to be required parking spaces.

Dimensional requirements. All off-street parking facilities shall comply with the following minimum dimensional requirements:

Landscaping. It has been determined by the Wappinger Town Board that large unbuffered expanses of parked, stored and/or displayed vehicles represent an impairment to the visual environment of the Town. The Town Board's purpose in promulgating the following provisions is to minimize such impairment while balancing the rights of the business community, private property owners and the general public. Therefore, except for parking spaces accessory to a one-family dwelling, all off-street parking areas shall be curbed and landscaped with appropriate trees, shrubs and other plant materials and ground cover, as approved by the Planning Board based upon consideration of the adequacy of the proposed landscaping to assure the establishment of a safe, convenient and attractive parking facility with a minimum amount of maintenance, including plant care, snow plowing and the removal of leaves and other debris.

Grades, drainage, paving and marking. All required parking facilities shall be graded, surfaced, drained and maintained throughout the duration of its use to the satisfaction of the Zoning Administrator to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. The maximum slope within a parking area shall not exceed 5%. In multifamily residential developments and in nonresidential developments, the Planning Board shall require the provision of suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits.

Interconnection of off-street parking facilities. In order to encourage safe and convenient traffic circulation, the Planning Board may require the interconnection of parking areas via access drives within and between adjacent lots. The Board shall require written assurance and/or deed restrictions, satisfactory to the Town Attorney, binding the owner and his heirs and assignees to permit and maintain such internal access and circulation and inter-use of parking facilities.

Waiver of improvement. Where the Planning Board determines that less than the required number of parking spaces will satisfy the intent of this chapter, it may waive the initial improvement of up to 50% of the parking spaces required pursuant to § 240-97 herein. In all cases it shall be expressly demonstrated on the site plan that sufficient space remains for the provision of the total amount of off-street parking required and the site plan shall bear such designation. All such undeveloped parking space shall be used and maintained as additional landscaped grounds until required for parking. Written guaranties, satisfactory to the Town Attorney, shall be submitted by the applicant for the eventual improvement of any such spaces which may have been waived; these spaces must be constructed by the property owner within six months of the date of written notice to the property owner by the Planning Board that such spaces have been determined as necessary and must be constructed.

Commercial vehicles. Not more than one light-duty commercially registered vehicle and one trailer may be parked or stored outdoors on any residentially used or residentially zoned lot at any time. For the purposes of this section, a "light-duty commercially registered vehicle" shall exclude vehicles which exceed 9,500 pounds in registered gross vehicle weight. The following expressly prohibited examples include but are not limited to tractors, tractor-trailers, semitrailers, rollers, tractor and truck cranes, power shovels, road-building machines, snowplows, road sweepers, sand spreaders, trailers, excavators, tank trailers, tow trucks and buses, and any other similar vehicle.

In any 1-Family Residence District, no parking shall be permitted between the front lot line and the principal building line, except on a driveway.

Except where otherwise modified by other provisions of this chapter, off-street parking spaces shall be provided as follows. Off-street parking spaces in excess of the minimum numbers specified below shall not be permitted. Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within the categories listed below or within the special standards of Article VIII shall be determined by the Planning Board. The Planning Board shall consider all factors entering into the parking needs of each such use or reuse of land or buildings and may, in the course of site plan or special permit review, reduce or increase the parking and loading requirements for such uses in an amount which it considers appropriate and in the best interest of the Town. In all cases, the Planning Board shall require appropriate safeguards for the provision of the required parking and loading facilities for uses for which standards exist.

Notwithstanding Subsection A above, the Planning Board, at its sole discretion, may reduce the cumulative parking requirement in a mixed-use development, where it has been demonstrated to the Board that the proposed amount of parking will be adequate to serve the peak parking requirements of the development. In order to demonstrate this, the applicant shall provide a shared parking study prepared by an appropriate professional in accordance with accepted industry standards, such as that described in the latest edition of the Urban Land Institute's Shared Parking report, the Institute of Transportation Engineers' Shared Parking guidelines, or other approved procedures, which may be supplemented as appropriate by actual experience and studies of, or known to, the professional preparing the report. The study shall consider parking demand variations due to factors such as time of day, weekday versus weekend demand, monthly variations in parking demand, captive markets within the site and modal split, all of which affect when the peak accumulated parking demand would occur.

Size. Each off-street loading space shall be at least 15 feet in width, at least 40 feet in length and at least 14 feet in height, exclusive of access and turning areas, except that adjacent loading spaces may be each 12 feet in width, except where delivery service will be by tractor trailer, in which case the minimum length shall be 60 feet and the minimum width shall be 14 feet.

Required number of spaces.

General. For reasons of fire protection, on-site and off-site vehicular and pedestrian traffic safety, as well as to provide for possible future road widening or other improvements, all new driveways and sidewalk crossings entering onto any street shall comply with all requirements of these regulations and shall be subject to the approval of the Superintendent of Highways, except where such are part of a use subject to special permit or site development plan approval by the Planning Board, in accordance with Article VII and Article IX.

Driveway grades.

Driveway alignment and location. Any driveway entering onto a street shall be located and aligned in such a way as to create the minimum possible traffic hazard. The platform portion of the driveway, as required by § 240-100B above, shall be aligned at approximately right angles at the street. Access to all off-street parking and loading facilities serving multifamily and nonresidence uses shall be not less than 20 feet in width and shall be connected to the street with a radius return at each comer of not less than 15 feet.

Sight distance. Clear visibility shall be provided in both directions at all exit points so that the driver of an automobile stopped on the platform portion of any new driveway will have an unobstructed view of the highway for a reasonable distance (commensurate with the speed and volume of traffic on such highway) and so that the driver of an automobile traveling on the highway shall have a similar view of the automobile in the driveway.

Driveways and access roads shall be so designed so as to provide Fire Department apparatus access to within a distance of 75 feet or less of the structure that may be called upon to be protected, and such driveways and access roads shall be designed so as to meet the following requirements: