[Added 1-28-2013 by L.L. No. 6-2013]
A. Administration. The provisions of this chapter shall be administered
and interpreted by the Zoning Administrator, the Deputy Zoning Administrator,
the Municipal Code Enforcement Officer and such other persons as designated
by the Town Board. In addition to the powers and duties as may be
specified in other sections of the Town Code, the Zoning Administrator
shall have the following powers and duties in the administration and
enforcement of this chapter.
B. Powers and duties.
(1)
The Zoning Administrator shall, consistent with the expressed
statement of purposes of this chapter, issue and adopt such rules,
regulations and interpretations as are in the Zoning Administrator's
opinion necessary to administer and enforce the provisions of this
chapter. Such rules and regulations, and any such interpretations
that will be of general application in future cases, shall be made
a part of the Zoning Administrator's permanent public record. The
Zoning Administrator is authorized to issue opinions and determinations
on all written requests regarding the classification of uses and the
interpretation and applicability of the provisions of this chapter.
All such opinions and determinations shall be made within 30 days
of receipt of the written request and shall be filed with the Town
Clerk within five days of issuance, and a copy shall be given to the
Town Board, Planning Board and Zoning Board of Appeals.
(2)
The Zoning Administrator shall have authority to take appropriate
actions to secure compliance with this chapter through review of permit
applications, surveys and recordkeeping, enforcement against violations,
and by other means.
(3)
In the performance of any prescribed duties, the Zoning Administrator
and other staff members authorized to represent the Zoning Administrator
shall have the right to enter any building or premises for the purposes
of investigation and inspection, provided that such right of entry
shall be exercised only at reasonable hours and that in no case shall
entry be made to any building without the permission of the owner,
owner's agent, tenant or mortgagee in possession, or without the written
order of a court of competent jurisdiction.
(4)
The Zoning Administrator shall periodically review and study
the effectiveness and appropriateness of the provisions of this chapter
for the purpose of recommending necessary changes to the Town Board.
C. Public and common improvements.
[Added 3-11-2019 by L.L.
No. 2-2019]
(1)
All improvements shown on the approved site plan, such as but
not limited to street signs, sidewalks, streetlighting standards,
curbs, gutters, street trees, water mains, fire alarm signal devices,
sanitary sewers and storm drains shall be completed in a manner prescribed
by the Town of Wappinger Zoning chapter or other applicable law, ordinance,
local law, rule or regulation. The Planning Board shall ascertain
whether or not all such improvements are to be completed prior to
endorsement by the Planning Board Chairman of the site plan or, in
the alternative, whether a performance bond or other security sufficient
to cover the full cost of such improvements in an amount acceptable
to the Town Engineer shall be submitted to the Town by the applicant
or owner of the land being developed in lieu thereof of such improvement
as prescribed in Town Law § 274-a.
(2)
Any such security must be provided pursuant to a written security
agreement with the Town, approved by the Town Board and also approved
by the Town Attorney as to form, sufficiency and manner of execution,
and shall be limited to a performance bond issued by a bonding or
surety company; the deposit of funds in or a certificate of deposit
issued by a bank or trust company located and authorized to do business
in this state; an irrevocable letter of credit from a bank located
and authorized to do business in this state; obligations of the United
States of America; or any obligations fully guaranteed as to interest
and principal by the United States of America, having a market value
at least equal to the full cost of such improvements. If not delivered
to the Town, such security shall be held in a Town account at a bank
or trust company.
(3)
No performance bond or other security tendered under the provisions
hereof shall be deemed acceptable unless provision is made therein
for the payment of a sum to be determined by the Town Board in the
event of failure to complete said improvements, for compensation to
the Town by the surety or other security of any attorney's fees incurred
by the Town in the event legal proceedings are necessary to enforce
the same, with a provision for increase in the sum stipulated for
said security to be correlated to a cost of highway construction index
as formulated by the Town of Wappinger, and authorization from a surety
of the owner of applicant, in the event the surety bond is accepted,
that all acts of the owner or applicant are deemed to be accepted
by the surety and that no further notice to the surety is necessary
with respect to any acts taken by its principal.
(4)
Any such performance bond or other security shall run for a
term to be fixed by the Planning Board, but in no case for a longer
term than three years; provided, however, that the term of such security
may be extended by the Planning Board with consent of the parties
thereto. If the Planning Board shall decide at any time during the
term of the security that the extent of building development that
has taken place in the subdivision is not sufficient to warrant all
the improvements covered by such security, or if the Zoning Administrator
and Town Engineer decide that the required improvements have been
installed as provided in this section in sufficient amount to warrant
reduction in the amount of said security, and upon approval by the
Town Board, the Zoning Administrator and Town Engineer may modify
the requirements for any or all such improvements, and the amount
of such security shall thereupon be reduced by an appropriate amount
so that the new amount will cover the cost in full of the amended
list of improvements required by the Planning Board.
(5)
In the event that any required improvements have not been installed
as provided in this section within the term of such performance bond
or other security, the Town Board may thereupon declare said security
agreement to be in default and collect the sum remaining payable thereunder;
and upon the receipt of the proceeds thereof, the Town shall install
such improvements as are covered by such security and as commensurate
with the extent of building development that has taken place in the
subdivision but not exceeding in cost the amount of such proceeds.
D. No clearing, tree felling, grubbing, grading or construction work
shall be approved or take place on the land being developed until
all of the following occur:
[Added 3-11-2019 by L.L.
No. 2-2019]
(1)
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.
(2)
A bond or other performance guarantee in an amount as determined
by the Town Engineer for the possible restoration of the land being
developed is filed with the Town.
(3)
A notice of intent (NOI) and a stormwater pollution prevention
plan (SWPPP) have been approved by the Town, if applicable.
(4)
Applicable inspection fees and sufficient escrow have been submitted
by the applicant or owner to the Town.
(5)
Erosion and sedimentation, wetland protection, and tree protection
measures, as applicable, have been implemented to the satisfaction
of the Town Building Department.
(6)
The applicant shall attend a pre-construction meeting with the
Town Building Department.
[Amended 8-18-2003 by L.L. No. 10-2003; 3-8-2004 by L.L. No. 4-2004; 9-12-2016 by L.L. No. 5-2016]
A. Building permits shall be issued in accordance with §
85-5 of the Town Code.
B. General rule. No building or structure shall be erected, constructed,
enlarged, structurally altered or moved until a permit therefor has
been issued by the Code Enforcement Officer. Except upon a written
authorization of the Board of Appeals, no building permit or certificate
of occupancy shall be issued for any building where said erection,
construction, enlargement, addition, alteration or moving thereof
would be in violation of any of the provisions of this chapter.
C. No building permit shall be issued unless the lot on which the proposed structure or use is located has frontage in accordance with §
240-20 herein.
[Added 3-11-2019 by L.L.
No. 2-2019]
Although a building permit is not required, a zoning permit
issued by the Zoning Administrator shall be required for the construction
or installation of one-story detached structures associated with one-
or two-family dwellings or multiple single-family dwellings (townhouses)
without electric, heating or plumbing, which are used for tool and
storage sheds, playhouses or similar uses, provided the gross floor
area does not exceed 144 square feet (13.88 square meters).
[Amended 3-8-2004 by L.L.
No. 4-2004; 9-12-2016 by L.L. No. 5-2016]
A. Certificates of occupancy shall be issued in accordance with §
85-8 of the Town Code.
B. General rule. It shall be unlawful for an owner to use or permit
the use of any building or premises or part thereof hereafter created,
erected, changed, converted or enlarged, wholly or partly, in its
use or structure until a certificate of occupancy shall have been
issued.
C. Continued conformity required. A certificate of occupancy shall be
deemed to authorize and is required for both initial, continued or
changed occupancy and use of the building or land to which it applies.
It shall continue in effect as long as such building and the use thereof
or of such land is in full conformity with the provisions of the Zoning
Law and other requirements of the Town of Wappinger Code.
D. Existing structures. Upon written request from the owner and on payment to the Town of the prescribed fee, in accordance with the current fee schedule as set forth in Chapter
122, Article
IV, §
122-16N, of the Code, the Zoning Administrator shall issue a certificate of zoning compliance for any building or premises existing at the time of enactment of Zoning in the Town of Wappinger, certifying, after inspection, the extent and kind of use or disposition of the building or premises and whether such use or disposition of the building or premises conforms with the provisions of this chapter.
[Amended 4-22-2002 by L.L. No. 7-2002]
A. Fee schedule and reimbursement of professional review
fees
(1)
All nonrefundable application fees shall be in an amount set forth in Chapter
122, Article
IV of the Code. No fees shall be required from the Town or any of its districts.
[Amended 3-8-2004 by L.L. No. 4-2004]
(2)
Reimbursement of professional review fees. The Town Board, the Planning Board, the Zoning Board of Appeals and the Building Inspector, in the review of any application presented to it, may refer such application to a planner, engineer, environmental expert, legal counsel and/or other professional as such board or agent shall deem reasonably necessary to assist it in the review of such application. The applicant shall reimburse the Town for the cost of such professional review services in accordance with §
240-110A(3)(a) herein concerning the establishment of escrow accounts. The payment of such fees shall be required in addition to any and all other fees required by this chapter or any other state or local law, ordinance or regulation.
(3)
Escrow account procedures.
[Amended 3-8-2004 by L.L. No. 4-2004; 1-8-2007 by L.L. No.
3-2007]
(a)
At the time of the submission of any application and prior to its review by the Town Board, the Planning Board, the Zoning Board of Appeals or the Building Inspector, the approving agency or agent shall require the establishment of an escrow amount, from which withdrawals shall be made to reimburse the Town for the cost of professional review services. The applicant shall then provide funds to the Town for deposit into such account in an amount as set forth in Chapter
122, Article
IV, §
122-16N(7) of the Code. It is the intent of these regulations to ensure that the applicant always has on deposit with the Town of Wappinger an adequate amount of funds to ensure that the Town will never subsidize applicant review costs at any time. The applicant shall be provided with copies of the Town vouchers for such services as they are submitted to the Town. The applicant shall deposit additional funds into such account to bring its balance up to 100% of the amount of the full escrow deposit by the last day of each month. If such account is not fully replenished by the last day of the month, the approving agency shall suspend its review of the application. Also see Chapter
240, Attachment 6.
(b)
In the event that a positive declaration is made in accordance with the New York State Environmental Quality Review Act (SEQRA), all subsequent professional review fees that are necessary for the preparation or review of an EIS shall be reimbursed to the Town in accordance with the procedures established under SEQRA. The applicant shall maintain the basic escrow account for the continued review of the application that is not directly related to the preparation or review of an EIS. The Town may require the applicant to establish a separate escrow account for the professional review costs necessary for the preparation or review of an EIS. All deposits, reimbursements and refunds shall be made in accordance with §
240-110A(3)(a).
B. Collection of fees. All required fees shall be collected
by the Clerk or Secretary of the board or agent having jurisdiction
over the application.
The Town Board, the Planning Board and the Board
of Appeals shall comply with the provisions of the State Environmental
Quality Review Act under Article 8 of the Environmental Conservation
Law and its implementing regulations as codified in Title 617 of the
New York Code, Rules and Regulations (SEQR).