Wappinger City Zoning Code
ARTICLE IX
Site Development Plans
§ 240-82 Site development plan approval.
The following provisions shall govern site plan procedures where the submission and approval of a site plan is required by the provisions of this chapter.
§ 240-83 Approval and conformity required.
[Amended 6-9-2004 by L.L. No. 8-2004; 1-28-2013 by L.L. No. 6-2013]
A.
Except as exempted by Subsection B of this section, no building permit shall be issued, no grading, stripping, cutting, filling or other site preparation or disturbance shall be permitted, and no structure or use shall be established, except in conformity with an approved site development plan, and no certificate of occupancy for such structure or use shall be issued until all the requirements for such approval and any conditions attached thereto have been met, except as may be otherwise specifically provided for in the resolution of site plan approval. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approved plans and conditions. Revisions of such plans and changes of approved uses shall be subject to the same approval procedure. Any proposed construction of new structures or additions thereto or any change or modification of use of property which adds to or modifies a previously approved site development plan shall require further site plan approval, termed "amended site plan approval by the Planning Board." The Zoning Administrator shall enforce all requirements and conditions of the approved site development plan.
B.
The following uses, buildings and structures shall not be subject to site development plan approval:
(1)
Issuance of a building permit and grading, stripping, cutting, filling and other site preparation or disturbance in connection with one one-family dwelling.
(2)
Issuance of a building permit for any of the following items:
(a)
Outdoor tables and seating for patrons.
(b)
A generator which is less than 25 kilowatts in size, which is less than 15 feet from its associated building, and which is screened to the satisfaction of the Zoning Administrator.
(c)
Newly installed or replacement HVAC equipment, except that newly installed rooftop equipment shall be subject to § 240-35B(1)(e) and E of this chapter.
(d)
A shed on nonresidentially zoned or used property, which shed is less than 100 square feet in size, is less than 10 feet in height, and which is located in a side or rear yard.
[Amended 5-14-2018 by L.L. No. 6-2018]
(e)
A refuse enclosure which is located in a side or rear yard.
(f)
Security devices and equipment.
(g)
Propane tank cages.
(h)
A modification to the architecture of an industrial, commercial, office, two-family-dwelling, multifamily-dwelling or mobile-home-park development which has been approved by the Planning Board in accordance with § 240-35B(1)(e) and E of this chapter.
§ 240-84 Application for site development plan approval.
[Amended 9-24-2001 by L.L. No. 5-2001; 3-8-2004 by L.L. No. 4-2004]
Application for site development plan approval shall be made, in writing, at least three weeks in advance of a regularly scheduled Planning Board meeting. It shall be submitted to the Zoning Administrator and shall be accompanied by a detailed development plan prepared by a qualified individual or firm, such as a registered architect, landscape architect, or professional engineer. An application fee shall accompany each such application in an amount set forth in Chapter 122, Article IV, § 122-16N(3) of the Code. The Planning Board shall require the establishment of an escrow account deposit in accordance with § 240-110A(3) herein to reimburse the Town for the professional review fees charged in connection with the review of the application. All applications shall provide the following information:
A.
Maps. Fourteen copies of any area map, at a scale convenient for Planning Board use, showing the applicant's entire property as well as all adjacent properties; existing and proposed roads, railroads, streams, rights-of-way and easements in all directions from the subject parcel; all community facilities and utility trunk lines in the neighboring area; and all existing school, zoning and special district boundaries within 500 feet of the applicant's property. The Planning Board shall have the right to require submission of such additional maps, at a scale to be determined by the Planning Board, as the Board might find necessary to properly evaluate the proposal.
B.
Site development plan information. Unless determined otherwise by the Zoning Administrator, 14 copies of the applicant's proposed site development plan drawn at as large a scale as is convenient, practical and reasonably possible. showing the following items of information:
(1)
The name and address of the owner of record of the property, authorization by the owner if different from applicant and the name, address and professional seal of the individual preparing the site plan.
(2)
The names of all owners of record of adjacent properties including disclosure of ownership interests in the adjacent property(ies) or businesses thereon by the applicant or property owner.
(3)
The accurate locations of the boundaries of the applicant's property and any existing lot lines, streets, easements or other reservations located within it.
(4)
The locations of all existing buildings, structures, wells, septic systems and other man-made features of the site, as well as those on adjacent properties within 200 feet of the property boundary, including existing utility lines.
(5)
The proposed location, use and design of all buildings and structures.
(6)
Floor plans and a tabular analysis of the proposed use of all floor space clearly indicating the proposed type of use by building and by floor level and the proposed division of buildings into units of separate occupancy.
(7)
The location, width, finished grades and design of all driveways, parking and loading areas, including improvements to adjoining streets designed to facilitate the safe and convenient flow of traffic to and from the site.
(8)
The location and design of the proposed water supply, sewage disposal and stormwater drainage systems, including the relationships of these to related off-site facilities, services and systems, along with an analysis of the impact of the proposed site's development upon them.
(9)
The locations and design of all other proposed improvements, including signs, exterior lighting, recreational facilities, fences, walls, refuse enclosures, buffer screening and landscaping.
(10)
The proposed nature and location of any uses which will not be located within a building or structure, including outdoor storage and display areas if any.
(11)
Current certification of existing and proposed contours, with vertical intervals of not more than two feet, including spot elevations for relatively flat properties, unless waived by the Planning Board, extending at least 50 feet beyond the site boundaries and referenced to USGS or other approved bench mark.
(12)
The nature and location of all other existing site features, including water bodies, watercourses, wooded areas, rock outcrops and single trees with a diameter at breast height (dbh) of 12 or more inches. The plan shall clearly indicate which site features are to be retained and which will be removed or altered.
(13)
Appropriate plans for the protection of the site's environment during the course of construction, including erosion control, protection of existing vegetation, noise control, limits on hours of operation, access routes for construction vehicles and other similar measures as may be appropriate in each individual case.
(14)
Any other pertinent information as may be determined necessary or appropriate by the Planning Board or the Zoning Administrator to provide for the proper enforcement of this chapter.
C.
Additional information. In addition, the following items of information shall also accompany any site development plan application:
(1)
The proposed wording of any covenants, deed restrictions or association agreements which are intended to apply to all or any part of the subject property.
(2)
Plans and elevations of all proposed buildings, structures and accessory structures, including proposed signs.
(3)
Where the applicant proposes to develop the project in stages, a staging plan shall be submitted for approval along with an ultimate development plan for the entire parcel.
§ 240-85 Referral of application to Planning Board.
Upon receipt of a properly completed application as described in § 240-84 above, the Zoning Administrator shall determine whether or not the proposed use conforms to the requirements of this chapter. If such use conforms to the Zoning Law, the Zoning Administrator shall refer copies of the application to the Planning Board and the appropriate Town, county and state officials, departments and agencies for their review and comment 15 days prior to the next regularly scheduled meeting of the Planning Board. The Zoning Administrator shall, where possible, submit these recommendations to the Planning Board and the applicant at least five days in advance of the Planning Board meeting at which it will be considered.
§ 240-86 Standards for site development plan approval.
The Planning Board shall not approve a site plan unless it shall find that such plan conforms to the requirements of this chapter as well as to other applicable laws and regulations and is properly related to the policies and recommendations of the Town Comprehensive Plan. In reviewing the site plan, the Planning Board shall also take into consideration the public health, safety and general welfare and shall set appropriate conditions and safeguards which are in harmony with the general purpose and intent of this chapter, particularly in regard to achieving the following standards:
A.
Traffic access. The number, location and design of all proposed driveways, in terms of their width, length, grade, alignment, visibility and relationship to the street system and neighboring properties and land uses, shall be such that maximum safety and function will be achieved.
B.
Traffic. The effect of the proposed development on traffic conditions on existing streets.
C.
Fire lanes, on-site circulation and parking. Adequate and convenient off-street parking and loading spaces shall be provided to prevent parking in public streets of vehicles belonging to any persons connected with or visiting the proposed use. The interior circulation system shall be adequate to provide safe access to all buildings, structures and required off-street parking, including fire lanes and access for firefighting and for the handicapped. The interconnection of parking facilities via access drives between adjacent lots, designed to provide maximum safety, convenience and efficiency of traffic circulation and to minimize curb cuts on neighboring streets, shall be provided where practicable.
[Amended 5-14-2018 by L.L. No. 6-2018]
D.
Pedestrian circulation. An adequate and safe pedestrian circulation system shall be provided to permit safe access to uses on the site from the street and from all parking areas, including consideration of the location, arrangement and adequacy of facilities for the physically handicapped, such as ramps, depressed curbs and reserved parking spaces.
E.
Landscaping and buffering. All parking, loading and service areas shall be screened in a reasonable manner at all seasons of the year from the view of adjacent residential lots and streets. The general landscaping of the site shall be designed in an attractive manner and, wherever possible, desirable natural features existing on the site shall be protected and retained.
F.
Lighting. Outdoor lighting shall be provided on the site to assure the safe movement of vehicles and persons and for security purposes. Such lighting shall be properly designed and shielded so as to avoid glare, prevent visibility of the source of the light from areas off site and other undesirable impacts on neighboring properties and streets.
G.
Protection of natural and cultural resources. The Planning Board shall endeavor to adequately protect any resources of local, state and/or national significance.
H.
Drainage. The proposed stormwater drainage system shall be adequate to properly drain the site, maximize groundwater recharge, prevent downstream flooding and prevent the degradation of water quality. Prior to the granting of site development plan approval, the applicant shall apply to the Town Board for any and all approvals relating to a drainage district(s) that may be required for the project.
[Amended 3-11-2019 by L.L. No. 2-2019]
I.
Water and sewage. The proposed systems for water supply and sewage disposal shall be adequate to serve the needs of all proposed uses on the site without adversely impacting off-site facilities, neighboring properties or uses. Prior to the granting of site development plan approval, the applicant shall apply to the Town Board for any and all approvals relating to water or sewer districts that may be required for the project.
[Amended 3-11-2019 by L.L. No. 2-2019]
J.
Solid waste. Adequate provisions shall be made for the storage, collection, recycling and disposal of solid waste. All dumpsters and other large refuse containers shall be surrounded by a solid wooden, masonry or PVC enclosure which is at least six feet in height and which is architecturally compatible with the principal building(s) on the lot. Said refuse enclosure shall not be comprised of wooden stockade fencing or chain-link material. As part of site development plan approval, the Planning Board shall determine whether the refuse enclosure shall be buffered with vegetative screening. Such facilities shall be designed and located so as to minimize visual and aesthetic impacts to neighboring properties or public facilities.
[Amended 5-14-2018 by L.L. No. 6-2018]
K.
Building design. The height, location and size of the proposed buildings shall be in conformity with the requirements of this chapter. All such buildings, utilities and other structures shall harmoniously relate to each other, the site and neighboring properties.
L.
Signage. All proposed signs, including on-site directional signs and building signs, shall meet the requirements of this chapter and shall be adequate to convey reasonable information to the public and shall be in harmony with the design of the site and buildings and with neighboring properties.
M.
Hours of operation. For uses that could create negative impacts to neighboring properties by reason of noise, traffic, lighting or other impacts, the Planning Board may limit the hours of operation to mitigate such impacts.
N.
Performance standards. The applicant shall demonstrate conformance with the performance standards.
O.
Park reservations.
[Added 8-28-2006 by L.L. No. 6-2006[1]]
(1)
General standards. The Planning Board may require that land be reserved within site plans containing residential units for a park or parks suitably located for playground or other recreational purposes. Such locations shall be as designated on the Town Development Plan or Official Map or as otherwise deemed appropriate by the Planning Board. Each reservation shall be of suitable size, dimensions, topography and general character and shall have adequate street access for the particular purpose or purposes envisioned by the Planning Board, taking into consideration the recommendations of the Recreation Commission. The area shall be shown and marked on the plat as "Reserved for Park Purposes."
(2)
Land for park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular site plan will contribute.
[Amended 9-24-2007 by L.L. No. 13-2007]
(3)
Minimum size. The Planning Board may require the reservation of up to 10% of the area of the site plan for recreation purposes. In general, it is desirable that land reserved for park and playground purposes have an area of at least three acres. The Board may require that such areas be located at a suitable place on the edge of the site plan so that additional land may be added at such time as the adjacent land is developed.
(4)
Ownership of park areas. The ownership of reservations for park purposes shall be clearly indicated on the site plan and established in a manner satisfactory to the Planning Board so as to assure their proper future continuation and maintenance.
(5)
Cash payment in lieu of reservation. Where the Planning Board makes a finding pursuant to Subsection O(2) of this section that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes but determines that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Board may require, as a condition to approval of any such site plan, a payment to the Town in an amount set forth in Chapter 122, Article IV, § 122-16N(3) of the Code. In making such determination of suitability, the Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.
(6)
Notwithstanding the foregoing provisions of this section, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to Chapter 217, Subdivision of Land, of the Town Code, the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.
P.
Underground utilities. In order to assure greater safety and improved appearance, all utility lines and related equipment for providing power and communication services shall be installed underground in the manner prescribed by the regulations of the utility company having jurisdiction. Underground utility lines shall be located outside of the traveled way of the streets but, except in unusual circumstances, within the street right-of-way.
[Added 1-23-2012 by L.L. No. 3-2012[2]]
[2]
Editor’s Note: This local law also redesignated former Subsection P as Subsection Q.
Q.
Other public needs. The Planning Board shall assure that other public needs, including other needed services, are adequately and properly met.
[Amended 8-28-2006 by L.L. No. 6-2006]
R.
Except as provided in § 240-36.2 of the Zoning Code, all applications for outdoor tables and seating (hereinafter "outdoor seating") shall require site development plan approval or amended site development plan approval in accordance with Article IX of the Zoning Code and shall be subject to the following criteria:
[Added 1-28-2013 by L.L. No. 6-2013; amended 3-24-2014 by L.L. No. 1-2014]
(1)
Such outdoor seating, and any related appurtenances, such as tables, chairs, umbrellas, planters, dividers, or outdoor ornaments, shall be placed and/or located so as to create at least three feet of unimpeded pedestrian sidewalk clearance 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;
(2)
If such outdoor seating is proposed within 10 feet of any existing or proposed parking spaces, safety barriers shall be provided between the parking areas and such outdoor seating;
(3)
No outdoor service bar or counter shall be permitted without the approval of the New York State Liquor Authority and/or the New York State Alcoholic Beverage Control Board (SLA and ABC), and such proof of such approvals shall be submitted to the Town's Zoning Administrator prior to the issuance of any certificate of occupancy or certificate of compliance as hereinafter provided.
S.
Outdoor music or sound amplification associated with any restaurant or other food service establishment shall only be permitted in the following Zoning Districts: SC, HB, GB and HD, and shall be further subject to the issuance of a special use permit upon demonstration of compliance with the following special use permit conditions:
[Added 3-24-2014 by L.L. No. 1-2014]
§ 240-87 Public hearing for site development plan review.
[Amended 9-13-1999 by L.L. No. 6-1999; 9-24-2001 by L.L. No. 5-2001; 11-13-2019 by L.L. No. 6-2019]
A.
A public hearing shall be scheduled within 62 days of receipt of a complete site development plan application. Public notice of such hearing shall be published in a newspaper, designated by the Town, at least five days before the scheduled meeting date. Additionally, all property owners within 100 feet of the lot(s) subject to site development plan review shall be notified, by mail, by the applicant, of said hearing. Notification to said property owners, as identified by the Town, shall be by certified U.S. Mail, shall be postmarked within three days of the setting of the public hearing by the Planning Board, and shall include a copy of the legal notice prepared by the Town. Proof of mailing in the form of a list of said property owners and copies of the stamped certified mail receipts shall be submitted to the Planning Board prior to the public hearing. The expense of publishing and mailing any notice required by this section shall be paid for by the applicant.
B.
The applicant shall post the property with signage notifying the public of the public hearing. The posting shall be on signage provided by the Town. One sign shall be posted for each 100 feet of road frontage on all public roads abutting the property. When a property has more than 200 feet of road frontage, the board calling the public hearing shall determine the number and placement of the signs to be posted on the property. The postings shall be placed on the property at least 10 calendar days prior to the public hearing. If the public hearing is adjourned, the sign shall be revised to reflect the adjourned date within five days of the adjournment. An affidavit attesting to the date of the initial posting and any revised posting(s) shall be filed with the board calling the public hearing. The signage required herein shall be removed within five days of the close of the public hearing. An applicant shall not be deemed to have violated the requirement to maintain the signage if the signage is removed or destroyed by an unrelated party or a natural force and replaced within five calendar days. Failure to comply with this subsection shall not constitute grounds to invalidate any approval by the Planning Board.
§ 240-88 Waiver and modification of requirements.
Upon findings by the Planning Board that, due to special conditions peculiar to a site or application, certain of the procedures or information normally required as part of the site development plan review are inappropriate or unnecessary or that strict compliance with said requirements may cause unnecessary hardships, the Board may modify or waive such requirement as identified below, provided that such modification or waiver will not have detrimental effects on the public health, safety or general welfare or have the effect of nullifying the intent and purpose of the site development plan submission or the Zoning Law.
A.
Modifications of required time periods. Such modification of procedure may include the reduction in the period of time for application submission prior to a Planning Board meeting and the extension of review periods and the length of the validity of a Board approval or approval with modification, by mutual consent of the Board and the applicant.
B.
Waiver of public hearing. The Planning Board may waive the public hearing requirement where an amendment of an approved site development plan has been determined to be substantively unchanged from the previously approved site development plan.
C.
Modification of plan requirements. Such modification of plan information requirements may include the elimination of certain information or the inclusion of additional information as deemed appropriate by the Planning Board.
§ 240-89 Planning Board decision.
Within 62 days of the date of the close of the public hearing, or where a public hearing is not held on the application, within 62 days of the date of receipt of a complete application and completion of the SEQR process, the Planning Board shall act to approve, disapprove or approve with modifications the proposed site plan application, unless such time limit has been extended by mutual agreement between the Planning Board and the applicant.
§ 240-90 Expiration of approval.
A.
Site plan approval shall expire in the event that:
(1)
An application for a building permit or, where a building permit is not required, a certificate of occupancy has not been made within one year of the date of approval;
(2)
All construction in conformance with the approved site plan has not been completed within three years of the date of approval;
(3)
Construction in accordance with the site plan substantially ceases for any reason, prior to completion, for a period of one year or more after commencement of construction; or
(4)
The premises has been substantially vacant or inactive for more than three years.
B.
An application for extension of site plan approval shall be made by the application to the Planning Board prior to the expiration of the specific time period sought to be extended. The Planning Board may extend all time limits for good cause shown, if it deems such extension warranted.
§ 240-91 Application to Building Inspector.
[Amended 3-11-2019 by L.L. No. 2-2019]
Following site development plan approval and fulfillment of all applicable conditions by the applicant prerequisite to the Planning Board Chairman signing the resolution of site development plan approval a second time, application shall be made to the Building Inspector for a building permit and/or a certificate of occupancy.
§ 240-92 As-built survey.
A.
Upon completion of site improvements pursuant to an approved site plan, the applicant shall submit to the Zoning Administrator an as-built plan prepared and certified by a licensed engineer or surveyor showing the location of all site improvements as constructed.
B.
The Building Inspector shall not issue a certificate of occupancy for the project until the as-built plan has been reviewed by the Town Engineer and determined to be in conformance with the approved site plan. Where the Town Engineer determines that the as-built plan is not in conformance, either the construction shall be corrected or a revised site plan shall be submitted to and approved by the Planning Board, except as provided below.
C.
Field changes.
(1)
During construction, the Town Engineer or Building Inspector may authorize or require, at his own determination or upon the request of the applicant, minor adjustments to the approved site plan when such adjustments are necessary in light of technical or engineering considerations, the existence or materiality of which was first discovered during actual construction. Such minor adjustments shall be consistent with the spirit and intent of the approved site plan. The Town Engineer or Building Inspector shall notify the Planning Board of such adjustments, in writing, at the next regularly scheduled Planning Board meeting and said notification entered into the record of the Planning Board.
(2)
Where unforeseen conditions are encountered which require any material change to an approved site development plan or where the developer wishes to modify the approved plan for other reasons, an amended site plan shall be filed with the Planning Board for review and approval in accordance with the same procedures required for initial applications.
§ 240-93 Planning Board initiative.
The Planning Board may, on its own initiative, propose a general or specific site plan for a particular area where a site plan approval may be required in the future, using the requirements of the Schedules of Regulations[1] and this chapter as a guide.
[1]
Editor's Note: Said schedules are included at the end of this chapter.
§ 240-93.1 Tree felling exception.
[Added 3-11-2019 by L.L. No. 2-2019; amended 10-15-2024 by L.L. No. 4-2024]
Notwithstanding other provisions of this chapter to the contrary, the Planning Board may, by resolution, at its sole discretion, allow the felling of trees on a property after final subdivision plat approval when the timing of such tree felling is deemed by the Board to be in the best interest of protecting the Indiana bat (Myotis sodalis). However, in this context, the removal of stumps shall not be permitted and the movement of felled trees on-site or off-site is prohibited. Further, if the Board approves said tree felling, all of the following shall occur prior to the cutting of any trees:
A.
The applicant shall submit a sufficiently detailed plan prepared by a design professional and acceptable to the Planning Board which shows the area proposed for the tree felling.
B.
Tree protection measures and the limit of disturbance line shown on the landscape plan shall be provided in the field with snow fencing or other durable material and verified by the Building Inspector or other designated official prior to soil disturbance.
C.
Prior to any tree cutting or removal, all trees must be marked and areas to be cleared identified for inspection by the Building Inspector or other designated municipal official.
D.
A bond or other performance guarantee in an amount as determined by the Town Engineer for the possible restoration of the land being developed shall be filed with the Town.
E.
A notice of intent (NOI) and a stormwater pollution prevention plan (SWPPP) shall be approved by the Town, if applicable.
F.
Applicable inspection fees and sufficient escrow shall be submitted by the applicant to the Town.
G.
Tree protection (for the trees to be preserved on-site), erosion and sedimentation protection, and wetland protection measures, as applicable, shall be implemented to the satisfaction of the Town Building Department. No tree felling under this section shall take place in any regulated wetland or regulated adjacent buffer area.
H.
The applicant shall attend a pre-construction meeting with the Town Building Department.