Wappinger City Zoning Code
ARTICLE V
Regulations Applicable to All Districts
§ 240-17 General regulations.
The following regulations shall apply in all zoning districts.
§ 240-18 Building lots.
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.
§ 240-19 Modification of lot requirements.
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.
§ 240-20 Access and required street frontage.
[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.
(6)
All common driveways shall, at a minimum, meet the construction standard in Attachment 7:1 of this chapter.[2]
[2]
Editor's Note: Attachment 7:1 is included as an attachment to this chapter.
(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]
§ 240-21 Yards and setbacks.
[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; 5-9-2022 by L.L. No. 5-2022]
(1)
In the residential zoning districts, the maximum height of any fence, wall or retaining wall is six feet in height, except that fences, walls and retaining walls along street frontages shall not exceed four feet in height, and except as otherwise set forth in this section. No fence shall be erected in such location or manner as to obstruct adequate sight distances for drivers, bicyclists or pedestrians. Fences shall generally be set back 12 feet from the front property line or edge of roadway pavement; however, the placement and height of the fence shall be at the sole discretion of the Zoning Administrator based upon safety concerns for drivers, bicyclists and pedestrians. Such placement and height shall also be subject to § 217-25E of this chapter.
(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.
§ 240-22 Exceptions to building height regulations.
[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.
§ 240-23 Exterior lighting.
[Amended 5-9-2022 by L.L. No. 5-2022]
A.
Intent and purpose. The intent and purpose of this section is to provide standards for outdoor lighting in order to maintain and protect the scenic and aesthetic character of the Town; to encourage conservation of energy while providing safety, utility and security; to minimize glare; to avoid impacts on and to protect the privacy of nearby residences; to reduce atmospheric light pollution; to ensure that development fits into its surroundings rather than being superimposed upon the existing environment; and to enhance the Town's nighttime ambience and character. The following standards shall apply to all of the zoning districts in the Town.
B.
All exterior lighting. All exterior lighting in connection with all buildings, signs or other uses shall be directed away from adjoining streets and properties, and shall have such shielding as will prevent unreasonable or objectionable glare observable from such streets or properties. All fixtures shall be downlit, full cut-off, and dark-sky compliant as identified and updated by the International Dark-Sky Association.
C.
ATM lighting. Unless accessory to a bank, all ATM banking machines shall be installed indoors so that the New York State ATM Safety Act design requirements shall not be applicable. The Planning Board remains responsible for ensuring that outdoor ATM banking machines accessory to a bank do not cause glare or other unwanted light spillage affecting residential areas and uses.
D.
Hours of lighting. Hours of lighting may be limited by the Planning Board in acting on any site development plan. All nonessential lighting shall be turned off after business hours, leaving only the necessary lighting for site security, which shall be reduced to the minimum level necessary. "Nonessential lighting" applies to display, aesthetic, parking and sign lighting. Motion-sensor security lighting may be used to promote safety and reduce the amount of night lighting in the Town, as determined by the Planning Board.
E.
Intensity of lighting. No use shall produce glare so as to cause illumination beyond the property on which it is located in excess of 0.0 footcandles or lumens at the property line. Parking lots shall have an average lighting level at or below one footcandle. High-security areas shall have lighting levels of no more than five footcandles, and two to five footcandles is the suitable range. Footcandle levels greater that 5.0 are considered excessive and shall be avoided.
F.
Pole heights. In all districts, the maximum pole height for any exterior light fixture shall not exceed 15 feet as measured from the ground.
G.
Lighting plan specifications. A photometric lighting plan shall be provided for all proposed lighting or for the retro-fitting of existing light fixtures with light emitting diode (LED) fixtures. The photometric plan shall provide specifications for all lighting proposed. The color temperature of all LED lighting shall be 3,000 Kelvin (K) or less. The lighting specifications shall also include backlight, uplight and glare (BUG) ratings for all proposed fixtures.
H.
Adjustment of lighting levels. The Planning Board may require that dimmers be installed on a site's lighting, in which case the Zoning Administrator shall have ongoing jurisdiction over the site's lighting and the authority to require that the property's owner or operator lessen the illumination of the site if the Zoning Administrator finds that the site is not in compliance with its approved site plan and/or is otherwise inconsistent with the intent, purposes or other standards of this section.
I.
Gas stations. The standards contained in this section shall apply to all uses in the Town, including gas stations. In approving a lighting plan for a gas station, the Planning Board shall take into account the context of the gas station and its relationship to all residential development which has a view of the gas station in order to reasonably minimize adverse visual impact of the gas station on said residential development. The Planning Board shall also consider the context of the surrounding land uses and the anticipated future surrounding land uses when determining the appropriate lighting level of the gas station. Island canopy ceiling fixtures shall be recessed into the canopy ceiling so that the bottom of the fixture is flush with the ceiling. Any illuminated part of the canopy other than the underside lighting shall be considered to be part of the total amount of permitted site signage.
J.
Prohibitions. The following forms of lighting are prohibited:
(1)
Uplighting is prohibited, with the exception of flags, as defined herein. Externally lit signs, displays, buildings, structures, streets, parking areas, recreational areas, landscaping and other objects lit for aesthetic or other purposes shall be lit from the top and shine downward.
(2)
Roof-mounted area lighting.
(3)
Laser lighting for outdoor advertising or entertainment.
(4)
The use of and the operation of searchlights for advertising purposes.
(5)
Floodlights and unshielded wallpack-type fixtures.
(6)
Neon roping or trimming.
K.
Maintenance. Lighting fixtures shall be maintained so that they always meet the requirements of this section.
§ 240-24 Visibility at intersections.
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.
§ 240-25 Multifamily and nonresidential uses.
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.
§ 240-26 Tents, trailers and mobile homes.
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.
§ 240-27 Temporary occupancy.
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.
§ 240-27.1 Temporary construction and sales trailers.
[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.
§ 240-28 Satellite dish antennas.
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.
§ 240-29 Signs.
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]
§ 240-30 Accessory buildings.
[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 one-family residence district. No such accessory building shall have a footprint greater than 600 square feet nor a height in excess of 20 feet, except that for lots of 40,000 square feet or larger, one of the two accessory buildings may exceed 600 square feet to a maximum of 1,200 square feet in accordance with the following table:
[Amended 9-9-2013 by L.L. No. 13-2013; 5-9-2022 by L.L. No. 5-2022]
Lot Size (at least) | Maximum Size of One Accessory Building (square feet) |
|---|---|
40,000 square feet | 800 |
80,000 square feet | 900 |
3 acres | 1,000 |
4 acres | 1,100 |
5 acres | 1,200 |
§ 240-31 Minimum dwelling unit size.
[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 |
§ 240-32 Wetlands, waterbodies, watercourses and steep slopes.
[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.
§ 240-33 Standards regulating development in flood-prone areas.
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.
§ 240-34 Beekeeping.
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.
§ 240-35 Architectural and historic district powers.
[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.
§ 240-36 Storage of gasoline.
§ 240-36.1 Use of all-terrain vehicles (ATVs).
[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.
§ 240-36.2 Outdoor seating for existing food service establishments.
[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.
§ 240-36.3 Solar energy systems.
[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.
(5)
A solar farm is a principal use allowed in accordance with the Schedule of Uses[3] subject to special use permit and site plan approval.
[3]
Editor's Note: This Schedule of Use Regulations is included as an attachment to this chapter.
(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.
§ 240-36.4 Outdoor storage.
[Added 5-14-2018 by L.L. No. 6-2018; 5-9-2022 by L.L. No. 5-2022]
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 along the street line, but only on days in which such garbage and refuse is collected, 24 hours prior to that day, and 24 hours after that day. Exempt from this prohibition are seasonal decorations, lawn ornaments, picnic/patio/lawn tables and chairs, 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.