Wappinger City Zoning Code
ARTICLE VI
District Regulations
§ 240-37 District regulations.
The following regulations and the accompanying Schedules of Use Regulations and Schedules of Dimensional Regulations[1] list and define the permitted uses of land, buildings and structures and the minimum and maximum dimensional requirements to be met in connection with such uses for the districts established by this chapter.
[1]
Editor's Note: The Schedules of Use Regulations and Schedules of Dimensional Regulations are included as attachments to this chapter.
§ 240-38 Multifamily Residence District.
[Amended 9-9-2002 by L.L. No. 13-2002]
In an RMF District, all multifamily uses shall be subject to site plan approval in accordance with Article IX of this chapter and the following special requirements:
A.
Net lot area. In the RMF districts, the calculation of the maximum permitted number of dwelling units, floor area ratio (FAR), and lot coverage shall be based upon net lot area.
B.
Existing undersized lots. Section 240-18F, Existing undersized lots, does not apply to Multifamily Residence Districts.
C.
Water and sewerage facilities.
(1)
Where, in the opinion of the Planning Board, connections to existing facilities are possible and warranted, sanitary sewers and/or water mains shall be connected to such existing facilities in the manner prescribed by regulation of the appropriate sewer, water, fire district or other agency having jurisdiction.
(2)
Where connection to existing off-site water or sewerage facilities is not possible or not warranted, a central water supply and sewage treatment system shall be designed and constructed to serve all dwelling units in accordance with the standards and subject to the approval of the Dutchess County Department of Health and the appropriate state and federal agencies.
(3)
Where future service by off-site water and/or sewage systems is planned, all on-site water and sewer facilities shall be designed and located in such a way as to readily permit their connection and/or conversion to the off-site system at such time as they are constructed.
D.
Open space and recreation area. At least 50% of the gross area of the site shall be preserved as permanent open space, free of buildings and parking areas and shall be landscaped or left in its natural state in accordance with plans approved by the Planning Board. Within such common open space areas, a total of not less than 300 square feet per dwelling unit shall be improved with common recreational facilities, such as swimming pools, tennis, basketball, volleyball and shuffleboard courts, playground equipment, etc., for the use of the residents of the premises and their guests, which facilities shall not be operated for profit.
§ 240-39 Planned Unit Development District.
A.
Intent. The Planned Unit Development (PUD) District is hereby established to provide balanced neighborhoods offering a wide range of land use activities, individual employment opportunities, shopping facilities, housing in various forms and recreational facilities. It offers increased opportunities for flexible land use and design regulations designed to satisfy Wappinger's residential and nonresidential needs, at a pace and balance commensurate with the general rate of Town growth and in a manner consistent with the environmental capabilities of individual sites to support such residential and nonresidential uses, all in furtherance of the basic policies and objectives as set forth in the adopted Town Comprehensive Plan.
B.
Objectives. The establishment of a Planned Unit Development District will be to further encourage the following objectives:
(1)
The establishment of areas in which diverse uses may be brought together as a part of a compatible and unified plan of development which shall be in the interest of the general welfare of the Town;
(2)
An environment of stable character in harmony with surrounding development and a more desirable environment than would be possible through the strict application of other sections of this chapter.
(3)
A creative approach to the use of land and related physical development; especially of large tracts close to growth centers and major transportation corridors in the Town;
(4)
A maximum choice in the types of environment and living accommodations available to the public at all economic levels;
(5)
The more efficient use of those public facilities required in connection with new development;
(6)
An efficient, aesthetic and desirable use of open space, the provision of permanent open space networks throughout the Town.
(7)
Special consideration of property with unique features, including but not limited to historical significance, unusual topography, landscape amenities, size and shape;
(8)
A pattern of development which preserves trees, outstanding topography and geological features and prevents soil erosion.
C.
Eligibility requirements.
(1)
Minimum area. The minimum area requirement to qualify for a Planned Unit Development District shall be 75 contiguous acres of land, except that where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this article, the Town Board may consider projects with less acreage.
(2)
Ownership. The land proposed for a planned unit development may be owned by one or more persons or corporations, but shall be combined into a single contiguous parcel of land at or prior to the time of application to the Town Board. The applications shall be jointly submitted by all owners and, if approved, shall be jointly binding on all of them.
(3)
Location and access. Planned Unit Development Districts shall be permitted only in areas presently containing a combination of residential and nonresidential zoning districts or planned for a combination of such uses in accordance with the Town Comprehensive Plan. Planned unit developments shall also have frontage on and access to an existing or proposed major road, as shown on the Town Comprehensive Plan.
D.
Density or intensity of land use. The appropriate density or intensity of land use to be permitted in each Planned Unit Development District and in any section thereof shall be determined in each individual case by the Town Board and specified on the approved General Land Use and Development Plan for the PUD as set forth in § 240-39H. Such determination of land use intensity and of density shall be based upon the recommendation of the Town Planning Board as provided in § 240-39H(3) and upon a thorough documentation of the nature and potential site and community impact of the proposed development as required to be submitted by the applicant in accordance with the provisions of § 240-39H(l). It is further intended that the permitted maximum intensity of nonresidential uses not exceed that which could be permitted in the corresponding conventional zoning use districts and that the maximum gross residential density for the residential or residentially related portion of any planned unit development not exceed that which could be permitted in an R-20 District.
[Amended 9-9-2002 by L.L. No. 13-2002]
E.
Common property in the planned unit development. Common property in the planned unit development is a parcel or parcels of land together with the improvements thereon, the use and enjoyment of which is shared by the owners and occupants of the individual building sites. When there is to be private ownership of such common property, legal arrangements satisfactory to the Town Attorney must be made for the improvements, operation and maintenance of such common property and facilities, including private streets, drives, service and parking areas and recreational and open space areas.
F.
Off-street parking and loading requirements. The minimum off-street parking and loading requirements for any uses or structures in a Planned Unit Development District shall be the same as those stipulated for such uses or structures in Article X of this chapter.
G.
Additional site development standards. In addition to the standards set forth in this section, the applicant shall also comply with the appropriate design, site development plan and performance standards of this chapter and of the Subdivision Regulations.[1] Where a conflict between this section and any of the above exists, the former shall govern.
H.
Application procedure. The application procedure for approval of a planned unit development shall involve the following: submission of rezoning application, if required, and a proposed General Land Use and Development Plan and program to the Town Board; Planning Board review and report to the Town Board on the appropriateness of the proposal in the context of the Town Comprehensive Plan, the Official Map and this chapter; public hearing by the Town Board and action to approve, approve with modifications or disapprove the establishment of the PUD District and the General Land Use and Development Plan and if the district is established; Planning Board public hearing and decision on the subdivision of land, if any; and Planning Board, Town Engineer, Zoning Administrator, Superintendent of Highways and Town Attorney administrative review of the site plan and related documents and agreements for each section of the planned unit development.
(1)
Application requirements. The following information shall accompany an application for the establishment of a Planned Unit Development District:
(a)
A proposed General Land Use and Development Plan at a scale of not less than one inch equals 200 feet indicating the following:
[1]
Terrain conditions on the property, to include topographic data with a maximum contour interval of five feet, an indication of generalized soil types and the location of existing watercourses, wetlands, wooded areas, major rock outcroppings and other significant existing features.
[2]
A written statement describing the type and intensity of uses proposed within the Planned Unit Development District and the number of acres devoted to each.
[3]
A written statement describing the nature of the proposed planned unit development and how it will serve to implement the intent and purposes for such developments, as set forth in this chapter.
[4]
The proposed spatial arrangement of land uses, including the location, nature and general extent of areas to be developed into residential dwelling units, by type; nonresidential uses, by type; public, community and/or recreational facilities; utility service and maintenance facilities; and areas to be preserved as natural open space including an open space system consistent with the Town Comprehensive Plan.
[5]
A map showing the location of the Planned Unit Development District within the general area.
[6]
The general configuration of streets, roadways and right-of-way planned to serve the planned unit development.
[7]
A numerical analysis of the development proposal including the total number of dwelling units proposed for inclusion within the development and the proposed breakdown of these units according to size and type, the total amount of floor area to be devoted to each type of nonresidential use, the approximate extent of building and paved area coverage in each section, and an analysis of the development proposal in relation to the maximum permitted number of dwelling units as set forth in § 240-39D, Density or intensity of land use.
[Amended 9-9-2002 by L.L. No. 13-2002]
[8]
A statement of the proposed method of ownership and maintenance of the land and facilities within the planned unit development.
[9]
A generalized time schedule and phasing plan for the staging and completion of the planned unit development, including utilities and facilities.
[10]
An environmental impact statement analyzing the capabilities of the proposed development and the estimated impact which said development is anticipated to have upon the surrounding area and the community as a whole. Such a statement shall include an analysis of traffic flow impact, off-site drainage, water supply and sewage disposal, erosion and sedimentation and open space resources.
[11]
Such other additional information as deemed necessary by the Town Board or the Planning Board to properly study and evaluate the application.
(b)
Application and review fees for the proposed planned unit development shall be required in accordance with the current fee schedule.
(2)
Referrals. Upon receipt of a complete application for the establishment of a Planned Unit Development District, the Town Board shall refer such application and accompanying material to the Planning Board, to the Town Engineer and to such other boards, agencies or officials as the Town Board may determine appropriate for review and recommendation.
(3)
Planning Board review.
(a)
Based upon the requirements of this chapter and the policies and objectives set forth in the adopted Town Comprehensive Plan, the Planning Board shall review each application referred to it under the provisions of this section for the purpose of determining the appropriateness of the proposed site for the intended use and, in the case of a favorable determination, the density of development for which such site is suitable. In addition to the requirements of this chapter and the Town Comprehensive Plan, such density recommendation shall be based upon a careful consideration and evaluation of the environmental characteristics of the particular site and its relationship to surrounding properties and uses.
(b)
Within 60 days from the date of referral of a completed application from the Town Board, the Planning Board shall submit a written report to the Town Board setting forth its findings and recommendations.
(4)
Public hearing. Following receipt of the Planning Board report and recommendation, the Town Board may schedule a public hearing regarding the proposed application with the same notice as required by law for a zoning amendment.
(5)
Town Board action.
(a)
Following the public hearing, the Town Board may act to approve, approve with modifications or disapprove the proposed Planned Unit Development District application. Any decision to approve an application, with or without modification, and to establish a Planned Unit Development District shall be subject to the same publication requirements as a zoning amendment and a copy thereof forwarded to the Town Clerk who shall make appropriate modifications to the official Town Zoning Map and notations with respect to any special conditions established with respect thereto.
(b)
The Town Board shall not take favorable action on any Planned Unit Development District application unless it determines that the proposed General Land Use and Development Plan complies with all requirements of this chapter and with the policies and objectives of the adopted Town Comprehensive Plan. In making its determination, the Town Board shall consider both the staging and the ultimate magnitude of such development.
(6)
Approval of subdivision plats. Applications for the approval of any subdivision plats shall be submitted to the Planning Board and processed by said Board in accordance with all the procedures and requirements specified in the Town's Land Subdivision Regulations.[2]
(7)
Approval of site development plans. No earthwork, land clearing or construction of any kind shall take place within the limits of a planned unit development until a site development plan for such development or the appropriate section thereof has been reviewed and approved all in accordance with the approved General Land Use and Development Plan and the procedures outlined in Article IX of this chapter and supplemented as follows:
(a)
Submission of application. After Town Board action approving the zoning change, applications for site plan and subdivision approval shall be submitted in eight copies to the Zoning Administrator, with the initial application accompanied by eight copies of the approved General Land Use and Development Plan, and shall include the following information:
[1]
A proposed site development plan map drawn at a scale of no less than one inch equals 100 feet and indicating the following:
[a]
Title of the development, date, revision dates, if any, North point, scale, name and address of the applicant and of the architect, engineer, landscape architect and/or surveyor preparing the site development plan.
[b]
Detailed description of existing terrain conditions on the property, to include topographic data at a maximum contour interval of two feet with a datum approved by the Town Engineer; designation of specific soil types; the location of all existing watercourses and intermittent streams; the location and extent of existing wooded and wetland areas and specifications of the type of vegetation prevailing therein; the location of existing stone walls, rock outcrops, wooded area and major trees (eight inches or more in diameter) outside of wooded areas which are to remain undisturbed.
[c]
The location and dimensions (length, width, ground floor elevation and height) of all existing and proposed main and accessory buildings, with the use for each indicated.
[d]
The location, width and finished pavement grades of all existing and proposed public and private roads.
[e]
The location, layout, finished pavement grades and surface treatment proposed for parking and loading areas and ingress and egress drives.
[f]
The location, size and proposed screening of any refuse storage or other outdoor storage areas.
[g]
The location and size of all proposed water supply, sanitary sewerage, storm drainage and other utility facilities, including connections to any existing facilities.
[h]
Locations, design and construction plans for proposed sidewalks and steps, drainage structures, retaining walls, etc.
[i]
Landscaping plan, to include type, size and location of materials to be used.
[j]
Proposed type, location and design of exterior lighting system.
[k]
Proposed location, type, size, color and illumination of all signs.
[l]
Proposed open space network and pedestrian circulation.
[2]
Architectural plans and specifications of representative buildings and structures, including general exterior elevations, perspective drawings and, in the case of residential buildings, typical floor plans indicating the number of bedrooms and the use of all other rooms within each dwelling unit.
[3]
Calculation of expected storm drain loads to be accommodated by the proposed drainage system for a one-hundred-year frequency storm.
[4]
Estimate of earthwork, showing the quantity of any material to be imported to and/or removed from the site.
[5]
Description of measures planned to assure proper erosion and sedimentation control during construction.
[6]
A statement from the applicant's engineer indicating the estimated cost of constructing all new roads and sidewalks and of the water supply sanitary sewerage.
[7]
Proof of approval by the State Department of Transportation, County Highway Department or the Town of Wappinger Superintendent of Highways, as appropriate, of the design and proposed construction of any intersection of a new road with an existing state, county or Town highway and of any proposed connections to existing drainage facilities along such highways.
[8]
Copies of legal covenants and agreements restricting the use of recreation and open space area to such purposes and of documents establishing future ownership and maintenance responsibilities for all private road, recreation and open space areas.
[9]
Any other legal agreements, documents or information required to implement the purposes and intent of the planned unit development as approved by the Town Board.
[10]
An application fee in an amount and as normally determined by the Planning Board in site plan review.
[11]
Construction and maintenance bonds as normally required in subdivision.
(b)
Referral and review.
[1]
Referral to Planning Board, Town Engineer, Superintendent of Highways and Town Attorney. Upon receipt of a site development plan application, the Zoning Administrator shall refer two copies to the Planning Board, one copy to the Town Engineer, one copy to the Town Planner, one copy to the Town Attorney and one copy to the Superintendent of Highways where a private road to be constructed as a part of the site development will intersect with an existing Town road, all for review and report.
[2]
Review by the Planning Board, Town Engineer and Superintendent of Highways shall be for the purpose of determining that such development will be in accordance with the approved General Land Use and Development Plan, any other requirements and conditions established by the Town Board pursuant to the establishment of the Planned Unit Development District; that it complies with all other applicable standards and requirements of this chapter; that all facilities and improvements necessary to the construction of the development will be properly provided; that proposed intersections of private roads with existing Town roads are located and designed so as to permit safe traffic movements through the intersections; and the existing Town roads within or directly abutting the planned unit development are or will be suitably improved so as to be capable to safely accommodate the increased traffic generated by the development. Review by the Town Attorney shall be for the purpose of determining the adequacy of all covenants, agreements, documents and other legal information required in connection with the maintenance and operation of all commonly owned facilities and areas within the planned unit development.
[3]
Reports from the Town Engineer, Town Planner, Superintendent of Highways and Town Attorney shall be submitted to the Planning Board within 30 days.
(c)
Action by Planning Board. The Planning Board shall review the application for site plan approval in accordance with the requirements of Article IX. A permit authorizing earthwork, land clearing or construction of any kind shall be issued only for work which will be done in accordance with the approved site development plan and no certificate of occupancy shall be issued for any development which has not been constructed in accordance with said plan.
(d)
Inspection fee. As a condition of site development plan approval, an inspection fee in an amount determined necessary by the Town Engineer, but not in excess of 7% of the estimated cost of constructing all private roads, sidewalks and water supply, sewerage and storm drainage systems shall be paid to the Town of Wappinger. Such fee shall be used to cover costs incurred by the Town in conducting inspections of such construction as it progresses and any unused portion shall be returned to the applicant.
(e)
Special conditions. If, during the course of construction, any conditions such as flood areas, underground water, springs, intermittent streams, humus beds, unsuitable slopes, soft and silty areas or other unusual circumstances are encountered which were not foreseen in the original planning, such conditions shall be reported to the Planning Board and the Town Engineer together with the developer's recommendations as to the special treatment required to secure adequate and permanent construction. The Planning Board shall investigate the condition or conditions and either approve the developer's recommendations to correct the same, order a modification thereof or issue its own specifications for correction of the condition or conditions. Unusual circumstances or detrimental conditions observed by the Town Engineer or Zoning Administrator shall be similarly treated.
(f)
Staging. If the applicant intends to stage its development and has so indicated in accordance with § 240-39H(1)(a)[9], then it may submit for site plan approval only those stages ready for development in accordance with the staging plan. Any plan which requires more than 24 months to be completed shall be required to be staged and a staging plan must be developed. At no point in the development of a planned unit development shall the ratio of nonresidential to residential acreage or dwelling unit ratios between the several different housing types for that portion of the planned unit development completed and/or under construction differ from that of the planned unit development as a whole by more than 20%, unless so approved by the Town Board.
(g)
Amendments. The Town Board, after referral to the Planning Board and recommendation therefrom pursuant to § 240-39H(3) and a public hearing with the same notice as required for the original hearing, may consider and act upon an application to amend the design concept shown on the general land use and development or upon an application to change or enlarge the limits of such development to include contiguous acreage subsequently acquired by the applicant. However, no public hearing shall be required where a proposed change or enlargement does not result in any significant modification to the design concept shown on the approved General Land Use and Development Plan or where less than a five-percent change in the number of initially approved dwelling units is involved, provided that all density and other requirements of this chapter are complied with.
(h)
Expiration of approval. Town Board approval or approval with modification of an application for a planned unit development shall expire unless otherwise extended, if site plan approval has not been obtained and construction work on the development is not begun within two years of the date of approval, is not completed within 10 years of the date of approval or is not prosecuted with reasonable diligence in such a way to assure its completion within the permitted time period and according to the approved time schedule.
(i)
Financial responsibility. No building permits shall be issued for construction within a Planned Unit Development District until improvements are installed or a performance bond posted in accordance with the same procedures as provided for in § 277 of the Town Law relating to subdivision.