The provisions of this chapter shall be enforced and administered through the cooperative effort of the Building Inspector, the Zoning Administrator, Town Board, Zoning Board of Appeals, and the Planning Board in the manner prescribed below for the submission of plans, issuance of permits, conduct of hearings, and prosecution of violations. In all matters pertaining to the protection of natural resources or historic sites, these authorities shall consult with the Conservation Advisory Commission and carefully weigh its recommendations.
All persons desiring to undertake any new construction, structural alteration, or changes in the use of a building or lot shall notify the Building Inspector by filling out the appropriate application form and submitting the required fee pursuant to the provisions of Chapter 74, Construction Codes, Uniform, of the Town of Washington Code.
A. 
All applications submitted pursuant to this chapter shall be accompanied by the applicable fee that shall be used to cover review, administrative, and stenographic costs. The fees shall be set forth in the Fee Schedule established annually by resolution of the Town Board. The Fee Schedule shall be available at the Town Hall.
B. 
If the Town Board, Planning Board, or Zoning Board of Appeals finds it necessary to retain counsel, planning consultants, engineers or other experts to review a particular project, an escrow deposit may be required from which additional reasonable administrative and review costs may be charged back to the applicant. Administrative costs which may be charged back to the applicant shall also include necessary stenographic time charges, copying and mailing charges related to the specific project or issue under review. When a board establishes an escrow requirement, the applicant must maintain a positive escrow account balance as required by the Board. If an applicant fails to maintain the escrow account, or fails to pay charges for these costs, the Board shall be entitled to defer further consideration of the subject application until the escrow is restored, or the costs paid, as the case may be.
A. 
Upon receipt of written order, pursuant to § 165-107C below, from the Zoning Administrator that a violation of this chapter exists at a property, no building permit or certificate of occupancy shall be issued for any use for such property. Further, the Planning Board or the Zoning Board of Appeals, as the case may be, shall not review, hold public meetings or public hearings on, and shall take no action regarding an application for special use approval, site plan approval, subdivision approval, area variance approval, use variance approval, or interpretation in relation to the subject property until notified by the Zoning Administrator that such violation has ceased or been cured.
B. 
If no written order pursuant to § 165-107C has been issued against a property, nothing in this section shall be deemed to prevent the Zoning Board of Appeals or Planning Board from reviewing and acting upon an application from the property owner to cure an existing violation on that property.
A. 
Except as otherwise provided, it shall be the duty of the Zoning Administrator to enforce literally the provisions of this chapter and of all the rules, regulations, conditions and requirements adopted or specified pursuant thereto, and to enforce strict compliance with all conditions attached to approvals issued by the Zoning Board of Appeals and the Planning Board.
B. 
The Zoning Administrator may, from time to time, promulgate such application forms, rules and regulations as deemed necessary for the proper administration and enforcement of this chapter.
C. 
The Zoning Administrator is authorized to make all inspections which are necessary or proper for carrying out his or her duties and shall, if necessary, obtain a search warrant or court order to conduct such inspections. The Zoning Administrator is further authorized to issue a written order, to the owner of the property or the owner's agent, to cease and desist any conditions found to be in violation of this chapter, and to cure such violation within a reasonable period of time. Such order shall be in writing and may be served upon a person to whom it is directed by delivering it personally to him or her or by sending a copy of the same by first-class mail to the address for the property on file in the tax assessment roll.
D. 
The Zoning Administrator shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter, whether reported by private citizens or by any board, agency, officer or employee of the Town, and such record shall show the action taken on each such complaint. The Zoning Administrator shall make a report to the Town Board, in writing, at least once every three months, listing all reported or continuing violations of this chapter and the disposition or pending action of such violations.
The powers and duties of the Building Inspector can be found in Chapter 74, Construction Codes, Uniform, of the Town of Washington Code.
This chapter shall be administered by the Town of Washington Zoning Board of Appeals with the cooperation of the Zoning Administrator and the Planning Board. The Zoning Board of Appeals shall perform all the duties and powers prescribed by the laws of New York State and by this chapter as regards appeals to review decisions of the Zoning Administrators, to grant variances, and to resolve questions of interpretation. In administering this chapter, the Zoning Board of Appeals shall act in strict accordance with the procedures specified herein as well as the laws of New York State.
A. 
Appeals for review. The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirement, decision, and determination made by the Building Inspector or the Zoning Administrator, as well as hear and decide all matters referred to it or upon which it is required to pass under the provisions of this chapter in accordance with the procedure outlined by § 165-115, Appeals, of this chapter.
B. 
Appeals for variance. The Zoning Board of Appeals shall have the power, in passing upon appeals, to vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction, or alteration of buildings or structures, or the use of land, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.
(1) 
Use variances.
(a) 
The Zoning Board of Appeals, upon appeal from the decision or determination of the Zoning Administrator, shall have the power to grant use variances authorizing a use of land which otherwise would not be allowed or would be prohibited by the terms of this chapter of the Town of Washington.
(b) 
No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that the applicable regulations and restrictions imposed by this chapter of the Town of Washington have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Zoning Board of Appeals that for each and every permitted use under this chapter for the particular district where the property is located,
[1] 
That the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
[2] 
That the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
[3] 
That the requested use variance, if granted, will not alter the essential character of the neighborhood; and
[4] 
That the alleged hardship has not been self-created.
(c) 
The Zoning Board of Appeals, in the granting of a use variance, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(2) 
Area variances.
(a) 
The Zoning Board of Appeals, upon appeal from the decision or determination of the Zoning Administrator, shall have the power to grant area variances authorizing the use of land in a manner which is not allowed by the dimensional or physical requirements of this chapter of the Town of Washington.
(b) 
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the area variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Zoning Board of Appeals shall also consider each of the following factors:
[1] 
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
[2] 
Whether the benefit sought by the applicant can be achieved by some other method feasible for the applicant to pursue, other than an area variance;
[3] 
Whether the requested area variance is substantial;
[4] 
Whether the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or zoning district; and
[5] 
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of the area variance.
(c) 
The Zoning Board of Appeals, in the granting of an area variance, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(3) 
Imposition of conditions. The Zoning Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
C. 
Appeals for interpretation. The Zoning Board of Appeals shall, upon appeal from a decision by an administrative official, decide any questions involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto pursuant to the procedures outlined by § 165-115, Appeals, of this chapter.
[Added 8-12-2010 by L.L. No. 1-2010]
A. 
The Town Board may appoint up to two alternate members to the Zoning Board of Appeals, with each such position having a term of one year, for purposes of substituting for a member(s) in the event such member(s) is absent or unable to participate because of a conflict of interest. All provisions relating to members of the Zoning Board of Appeals, including training, continuing education, attendance and compensation apply to alternate members.
B. 
The Chairman shall determine when an alternate member shall substitute for a member on any particular application or matter before the Board. Once designated, the alternate member shall possess all the powers and responsibilities of the member being substituted. The minutes of the Zoning Board of Appeals shall reflect the meeting at which the substitution is made.
The Planning Board shall review applications for special permits, wetland permits, and site plan approval, and any other applications or appeals in accordance with applicable criteria of this chapter and pursuant to procedures outlined herein.
[Added 8-12-2010 by L.L. No. 1-2010]
A. 
The Town Board may appoint up to two alternate members to the Planning Board, with each such position having a term of one year, for purposes of substituting for a member(s) in the event such member(s) is absent or unable to participate because of a conflict of interest. All provisions relating to members of Planning Boards, including training, continuing education, attendance and compensation apply to alternate members.
B. 
The Chairman shall determine when an alternate member shall substitute for a member on any particular application or matter before the Board. Once designated, the alternate member shall possess all the powers and responsibilities of the member being substituted. The minutes of the Planning Board shall reflect the meeting at which the substitution is made.
No building or structure shall be erected, added to, or structurally altered until a building permit therefor has been issued pursuant to Chapter 74, Construction Codes, Uniform, of the Town of Washington Code. Except upon a written order of the Zoning Board of Appeals, no such building permit shall be issued for any building where the erection, addition, alteration or use thereof would be in violation of any of the provisions of this chapter.
No building or structure shall be occupied or used, and no building hereafter erected, altered or extended shall be used or changed in use, until a certificate of occupancy shall have been issued by the Building Inspector pursuant to Chapter 74, Construction Codes, Uniform, of the Town of Washington Code.
An appeal from any ruling of any administrative officer administering any portion of this chapter may be taken by any person aggrieved, or by an officer, board, or bureau of the Town affected thereby, to the Zoning Board of Appeals. The following shall guide the Zoning Board of Appeals' conduct in handling appeals for review, variance, and interpretation.
A. 
Application. Appeals shall be taken by filing a written application with the Town Clerk on forms prescribed by the Zoning Board of Appeals. Such application shall refer to the specific provision of this chapter for which the appeal is sought, the variance requested, or the interpretation claimed. The Town Clerk shall record receipt of the application and promptly transmit it to the Zoning Board of Appeals. If the applicant seeks to appeal the decision of the Building Inspector or the Zoning Administrator, that official shall promptly transmit all the papers constituting the record of the action appealed to the Zoning Board of Appeals.
B. 
Referral to County Planning Department. Request for variances affecting real property within 500 feet of the boundary of the Town of Washington, or the boundary of any existing or proposed county or state park or other recreational area, or the boundary of any existing or proposed county or state roadway, or the boundary of any existing or proposed right-of-way for a stream or drainage channel owned by the county for which the county has established channel lines, or the boundary of any existing or proposed county- or state-owned land on which a public building or institution is situated, shall be referred to the Dutchess County Planning Department pursuant to General Municipal Law, Article 12-B, §§ 239-l and 239-m, as amended.
C. 
Hearing and public notice. The Zoning Board of Appeals shall fix a reasonable time for the hearing of appeals or other matters referred to it and, at least five days prior to the date thereof, the applicant shall give public notice thereof by causing the publication of a notice of such hearing in the official newspaper and by mailing a notice thereof to the parties involved and to the regional park commission having jurisdiction over any state park within 500 feet of the property affected. Written notice of the hearing shall be given at least 10 days prior thereto to the owners of land within 500 feet of the site. At the hearing any party may appear in person or by agent or by attorney. Upon the day for hearing any appeal, the Zoning Board of Appeals may adjourn the hearing for a reasonable period for the purpose of causing such further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal.
D. 
Action. In the exercise of its functions upon appeals, the Zoning Board of Appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination in accordance with the provisions hereof.
(1) 
The Zoning Board of Appeals shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
Every decision of the Zoning Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Zoning Board of Appeals in the particular case.
(3) 
A majority vote of a majority of the members of the Zoning Board of Appeals shall be necessary to deny, approve, uphold or reverse any order, requirement, decision, or determination, either of the Zoning Administrator or the Building Inspector. A majority vote of the Zoning Board of Appeals is necessary in order to decide any matter upon which it is required to pass under the terms of this chapter or to effect any variation of this chapter.
E. 
Filing. Every rule, regulation, amendment, or repeal thereof and every order, requirement, decision, or determination of the Zoning Board of Appeals shall be filed in the office of the Town Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant and shall be a public record.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F. 
Rehearing and review of prior decisions. Upon motion initiated by any member and adopted by the unanimous vote of the members present, but not less than a majority of all the members, the Zoning Board of Appeals shall review at a rehearing, held upon notice given as upon an original hearing, any order, decision, or determination of the Zoning Board of Appeals not previously reviewed. Upon such rehearing, and provided it shall then appear that the rights vested prior thereto in persons acting in good faith in reliance upon the order, decision, or determination reviewed will not be prejudiced thereby, the Zoning Board of Appeals may, upon the concurring vote of all the members then present, reverse, modify, or annul its original order, decision, or determination.
G. 
Court review of Board decisions. Any person or persons, jointly or severally aggrieved by any decision of the Zoning Board of Appeals, or any officer, department, board, or bureau of the Town, may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.
H. 
Expiration of appeal decision. Unless otherwise specified by the Zoning Board of Appeals, a decision on any appeal shall expire if the applicant fails to obtain any necessary building permit or comply with the conditions of said authorized permit within six months from the date of authorization thereof.
I. 
Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies for the Zoning Board of Appeals, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate, it would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by the Supreme Court on application, on notice to the Zoning Administrator for due cause shown.
The Planning Board or the Zoning Board of Appeals, as specifically authorized by §§ 165-45 and 165-84 of this chapter, shall issue special permits where required by this chapter for uses whose special characteristics necessitate consideration of each specific use as an individual case. These uses are identified in the Schedule of District Use Regulations (Appendix A).[1] In addition, the following require special permits from the Planning Board:
A. 
Certain uses in the APO Overlay Zone (§ 165-25).
B. 
Certain home occupations (§ 165-31).
C. 
Stripping of topsoil (§ 165-39).
D. 
Certain uses in the HOS Overlay Zone (§ 165-22).
[Added 6-3-2024 by L.L. No. 3-2024]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Application for a special permit shall be made to the Zoning Administrator prior to consideration of a building permit or certificate of occupancy for any use requiring a special permit. Upon receipt of such application, the Zoning Administrator shall, within five days of its receipt, forward the application to the Planning Board or the Zoning Board or Appeals, as specifically authorized by § 165-45, Emergency housing, temporary housing, field offices, and storage, and § 165-84, Nonconforming uses, buildings, and structures, of this chapter.
An application for a special permit shall be accompanied by plans and other descriptive matter sufficient to clearly portray the intentions of the applicant. Such plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, and any other pertinent information that may be necessary to determine whether or not the proposed special use meets the requirements of this chapter. Where development in phases is proposed, such phasing shall be indicated. The special permit plan shall also meet the requirements for site plans as stated in § 165-128 of this chapter unless in the discretion of the Planning Board or Zoning Board of Appeals, as the case may be, selected site plan requirements shall not be required for certain types of special permit use applications. The Planning Board or Zoning Board of Appeals, as the case may be, may promulgate rules and regulations as to which specific requirements may be omitted for certain types of special permit uses.
Special permits shall be issued by the Planning Board or Zoning Board of Appeals, as the case may be, only when such Board is satisfied with conditions proposed regarding the general character, height, and use of structure or structures; the provision of surrounding open space and treatment of grounds; the general fitness of the structure or use for the proposed location; the provision for automobile parking or storage; street capacity and use; public health, comfort, and convenience; preservation of the general character of the neighborhood; and standards established by this chapter. Further, in issuing a special permit the Planning Board or Zoning Board of Appeals must make written findings that:
A. 
The use is a permitted special use as set forth in the Schedule of District Use Regulations (Appendix A).[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B. 
The use is so designed, located, and proposed to be operated that the public health, safety, welfare, and convenience will be protected.
C. 
The use will not diminish groundwater or surface water quality.
D. 
The use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.
E. 
The lot size and lot coverage are appropriate to the use.
F. 
The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
G. 
The location, nature, and height of buildings, walls, and fences, and the nature and extent of the landscaping on the site, are such that the use will not hinder or discourage the appropriate development and use of adjacent land buildings.
H. 
Operations in connection with the special use will not be more objectionable to nearby properties by reason of noise, fumes, noxious vibration, glare, or flashing lights than would be the operations of any permitted use.
I. 
The use will not cause undue traffic congestion or create a traffic hazard.
J. 
Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.
K. 
The use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar facilities.
L. 
If there are phases planned, then the impact of all phases may be a factor in determining the appropriateness of the use.
M. 
The use conforms with all applicable regulations governing the district where it is located, including any overlay zones designed to protect special features of the property.
N. 
The site plan for the use satisfies the requirements of § 165-130, Standards for review and design, of this chapter.
Requests for special permits affecting real property within 500 feet of the boundary of the Town of Washington, or the boundary of any existing or proposed county or sate park or other recreational area, or the boundary of any existing or proposed county or state roadway, or the boundary of any existing or proposed right-of-way for a stream or drainage channel owned by the county for which the county has established channel lines, or the boundary of any existing or proposed county- or state-owned land on which a public building or institution is situated, shall be referred to the Dutchess County Planning Department pursuant to General Municipal Law, Article 12-B, §§ 239-l and 239-m, as amended.
The Planning Board or Zoning Board of Appeals, as the case may be, shall fix a reasonable time for a public hearing on a special permit at least 10 days prior to the date thereof. The applicant shall give public notice thereof by causing publication of a notice of such hearing in the official newspaper and by mailing a notice thereof to the parties involved and to the regional park commission having jurisdiction over any state park within 500 feet of the property affected. At least 10 days' advance notice shall be given to owners of land within 500 feet of the proposed site. At the hearing any party may appear in person or by agent or by attorney. Upon the day for hearing any appeal, the Planning Board or Zoning Board of Appeals may adjourn the hearing for a reasonable period for the purpose of causing such further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
After public hearing, the Planning Board or Zoning Board of Appeals, as the case may be, in conformity with this chapter, may grant, grant with conditions or modifications, or deny issuance of a special permit by a concurring vote of a majority of the members of the presiding board. Every such action shall be by resolution, each of which shall contain a full record of findings of the presiding board in the particular case. Action on the special permit application by the presiding board shall be in conformity with the provisions of Town Law § 274-b, Approval of special permits.
A special permit shall be deemed to authorize only the particular special use or uses permitted in any district and shall expire if the special use or uses shall cease for more than 12 months for any reason, or if the applicant fails to obtain the necessary building permit, or fails to comply with the conditions of said permit within six months of the date of authorization thereof.
No permit shall be issued for a special use for a property where there is an existing violation of this chapter.
A. 
The Planning Board shall review site plans for those uses which possess characteristics that necessitate site plan review in each case. This site plan review and approval process regulates the development of structures and sites in a manner which considers the following concerns and, where necessary, requires modification of development proposals to eliminate or minimize potential problems and nuisances. The principal areas of concern are:
(1) 
The balancing of landowners' rights to use their land with the corresponding rights of abutting and neighboring landowners to live without undue disturbances (such as noise, smoke, fumes, dust, odor, glare, stormwater runoff);
(2) 
The convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas or roads;
(3) 
The adequacy of waste disposal methods and protection from pollution of surface water or groundwater; and
(4) 
The protection of historic and natural environmental features on the site under review and in adjacent areas.
B. 
Before the issuance of any building permit or certificate of occupancy for a use requiring site plan approval as required by this chapter, the detailed site plan for such use shall be approved by the Planning Board, and no development shall be carried out except in conformity with such site plan.
A. 
Site plan review and approval shall be required for the following uses:
(1) 
Those uses shown in Appendix A[1] as requiring special permits or site plan approval and those uses for which other sections of this chapter require special permits.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2) 
All uses requiring a variance, except that the Zoning Board of Appeals shall have discretion with regard to variance requests for one- and two-family residences, by specific finding, to:
(a) 
Grant the variance without any further need for site plan approval;
(b) 
Grant the variance with conditions without any further need for site plan approval; or
(c) 
Refer the application to the Planning Board to complete the site plan review and approval process.
(3) 
Unless waived as provided by § 165-126B, all site plan changes.
(4) 
All changes in use except for a change to a single-family or two-family dwelling which will be occupied as such and agricultural/farm uses which will not sell to the public at the subject property.
(5) 
Any uses in an HM or I Floating District.
(6) 
Certain uses in the EP Floating District as described in § 165-26D.
B. 
In the case of a change of use or a variance which does not require additional construction or site modifications, or in the case of minor changes requiring a building permit, the Planning Board may determine that the site plan application procedures outlined herein are not applicable. This determination shall be made by the Planning Board after receipt of a recommendation from the Building Inspector or the Zoning Administrator, as applicable.
Application for site plan review and approval shall be made to the Zoning Administrator. Site plan review and approval shall also be required for the resumption of any use listed in § 165-126 which is discontinued for more than one year or for the expansion of any such existing use. An applicant for site plan review and approval under this section shall file with the Zoning Administrator five copies each of the site plan application and required plans. Upon receipt of such application, the Zoning Administrator shall, within five days of its receipt, forward the application to the Planning Board.
An application for site plan review and approval shall be accompanied by plans and descriptive matter sufficient to clearly portray the intentions of the applicant. For proposals that will have a minimal impact on surrounding properties, the Planning Board may, in its discretion, waive any of the requirements of this section for specific applications. Site plan shall be prepared by a registered professional engineer, architect, or landscape architect, and shall include the following:
A. 
Name of the project, boundaries, date, North arrow, and scale of the plan.
B. 
Name and address of the owner of record, developer, and seal of the engineer, architect, or landscape architect.
C. 
Vicinity map drawn at the scale of 2,000 feet to the inch or larger that shows the relationship of the proposal to existing community facilities which affect or serve it, such as roads, shopping areas, schools, etc. The map shall also show all properties, subdivisions, streets, and easements within 500 feet of the property on which the use for which application is made is proposed to be situated. Such a sketch may be superimposed on the most recent United Stated Geological Survey map of the area.
D. 
Site plan drawn at a scale of one inch equals 40 feet, on standard 24 inches by 36 inches sheets, with continuation on 8 1/2 inches by 11 inches sheets as necessary for written information.
E. 
The location and use of all existing and proposed buildings and structures within the development, including all dimensions of height and floor area, all exterior entrances, and all anticipated future additions and alterations.
F. 
The location of all present and proposed public and private ways, off-street parking areas, driveways, outdoor storage areas, sidewalks, ramps, curbs, fences, paths, landscaping, walls, and fences. Location, type, and screening details for all waste disposal containers shall also be shown.
G. 
The location, height, intensity, and bulb type (sodium, incandescent, etc.) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown.
H. 
The location, height, size, material, and design of all proposed signage.
I. 
The location of all present and proposed utility systems, including:
(1) 
Sewage or septic system;
(2) 
Water supply system;
(3) 
Telephone, cable, and electrical system; and
(4) 
Storm drainage system, including existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes, and drainage swales.
J. 
Plan to prevent the pollution of surface water or groundwater, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table, and flooding of other properties, as applicable.
K. 
Existing and proposed topography at five-foot contour intervals. All elevations shall refer to the nearest United States Coastal and Geodetic bench mark. If any portion of the parcel is within the 100-year floodplain, the area will be shown and base flood elevations given; indicate areas within the proposed site and within 50 feet of the proposed site where ground removal or filling is required and give its approximate volume in cubic yards.
L. 
A landscape plan showing all existing natural land features that may influence the design of the proposed use such as rock outcrops, single trees eight or more inches in diameter, forest cover and water sources, and all proposed changes to these features including size and type of plant material. Water sources include ponds, lakes, wetlands and watercourses, aquifers, floodplains, and drainage retention areas.
M. 
Zoning district boundaries within 500 feet of the site's perimeter shall be drawn and identified on the plan.
N. 
Traffic flow patterns within the site, entrances and exits, loading and unloading areas, curb cuts on the site and within 100 feet of the site. The Planning Board may, at its discretion, require a detailed traffic study for large developments or for those in heavy traffic areas to include:
(1) 
The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels;
(2) 
The projected traffic flow pattern including vehicular movements at all major intersections likely to be affected by the proposed use of the site;
(3) 
The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak hour traffic levels, as well as road capacity levels shall also be given.
O. 
For new construction or alterations to any building, a table containing the following information must be included:
(1) 
Area of building to be used for a particular use such as retail operation, office, storage, etc.;
(2) 
Maximum number of employees;
(3) 
Maximum seating capacity, where applicable; and
(4) 
Number of parking spaces existing and required for the intended use.
P. 
Elevation plans at a scale of 1/4 inch equals one foot for all exterior facades of the proposed structure(s) and/or existing facades, plus addition(s) showing design features and indicating the type and color of materials to be used.
Q. 
For large or environmentally intrusive developments, the Planning Board may request soil logs, percolation test results, and storm runoff calculations.
R. 
Plans for disposal of construction and demolition waste, either on-site or at an approved disposal facility.
Upon receipt of the application and after it has given at least 10 days' advance notice to owners of land within 500 feet of the proposed site, the Planning Board shall notify the applicant in writing of the place, date, and time of the meeting of the Planning Board at which the application is to be considered and request the applicant's presence to discuss the application.
A. 
Site plan design criteria. The following criteria and standards are intended to provide a framework for site plan approvals within which the site designer is free to exercise creativity, inventiveness, and innovation while recognizing the historic scenic and visual qualities inherent in the Town of Washington. The following standards are in addition to any other site plan, special permit and subdivision requirements of this chapter.
B. 
Relationship of proposal to the Town Master Plan and Official Map:
(1) 
Due attention by the applicant shall be given to the goals, objectives and the stated land use policies for the Town in the specific area in which the development is proposed. The Planning Board shall determine whether the site use, site design and site architecture proposed by an applicant comply with the land use and environmental protection policies and objectives of the Town of Washington.
(2) 
In the site plan and design, consideration shall be given to the use of traditional building forms and layouts which are evidence of the distinctive historic development of the area and, in particular, of any specially designated or recognized scenic and historic districts within the vicinity of the proposed development.
C. 
Relationship of structures and buildings to site:
(1) 
The site shall be planned to accomplish a desirable transition with the streetscape to provide for adequate planting, safe pedestrian movement and safe ingress, egress and parking for vehicles.
(2) 
Site planning in which setbacks and yards are in excess of minimum area and bulk requirements is encouraged to provide a variation in relationship between buildings.
(3) 
Parking shall, wherever feasible, be located to the rear or sides of buildings so as not to interfere with the front landscape treatment.
(4) 
Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and the existing, or anticipated, adjoining buildings. The Planning Board shall determine the visual compatibility of a proposed use or site plan change, including concerns for the proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade (i.e., fenestration), roof shape and the rhythm or spacing of properties along the street or roadway, including consideration of setbacks and the treatment of yard areas.
(5) 
Newly installed and renovated utility services, and service revisions necessitated by exterior alterations, shall be underground unless otherwise allowed by the Planning Board.
(6) 
A nonresidential use on a single lot or parcel may include more than one building on that lot, provided that, collectively, the total amount of building coverage on a single lot does not exceed the maximum building coverage for the district in which the building is located.
D. 
Relationship of buildings and site to adjoining areas:
(1) 
Site plans proposed for nonresidential uses adjacent to a residential district shall be reviewed with regard to the impact of the development on that district.
(2) 
The Planning Board shall encourage the use of a combination of common materials, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles.
(3) 
All buildings in the plan shall be integrated with each other and with adjacent buildings and shall have convenient access to and from adjacent uses.
(4) 
Individual buildings shall be related to each other and to traditional structures in the surrounding area in architecture, design, masses, materials, placement and connections to harmonize visually and physically with traditional elements in the architectural fabric of the area.
E. 
Landscape, buffering and site treatment:
(1) 
Where possible, natural or existing topographic patterns, which contribute to beauty and character of a development, shall be preserved.
(2) 
Grades of walks, parking spaces, terraces, and other paved areas shall provide an inviting appearance and shall be of such width, as determined by the Planning Board, to easily accommodate pedestrian movement.
(3) 
Landscape treatment shall be provided to enhance architectural features, strengthen vistas and visual corridors and provide shade.
(4) 
Unity of design shall be achieved by repetition of certain plant varieties and other materials and by coordination with adjacent developments.
(5) 
Plant material shall be selected for interest in its structure, texture and color and in consideration of its ultimate growth pattern. Plants that are indigenous to the area and others that will be harmonious to the design and exhibit a good appearance shall be used.
(6) 
In locations where plants will be susceptible to injury by pedestrian or motor traffic, appropriate curbs, tree guards, or other devices shall protect them.
(7) 
Parking areas and traffic ways shall be enhanced with landscaped islands, containing trees and tree groupings.
(8) 
Screening of service yards, commercial vehicles, commercial trailers, passenger vehicles, parking areas, refuse containers and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting or combinations of these, with all such enclosures being compatible in material, texture and color with the principal building or buildings on the site.
(9) 
Landscaping shall be designed and maintained so as not to create hazardous conditions.
(10) 
Landscaping shall be maintained to preserve its original integrity and intended purpose during the entire life of the proposed use or project.
(11) 
Landscaping shall be an integral part of the entire project area, and shall buffer the site from and/or integrate the site with surrounding areas, as appropriate.
(12) 
Primary landscape treatment shall consist of shrubs, ground cover, and shade trees, and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Landscape materials selected should be appropriate to the growing conditions of the Town's environment.
(13) 
Whenever appropriate, existing trees shall be conserved and integrated into the landscape design plan.
(14) 
There shall be an adequate, safe, and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking, and loading space.
(15) 
Roads, pedestrian walks, and open space shall be designed as integral parts of an overall site design, be properly related to existing and proposed buildings, and be appropriately landscaped.
(16) 
Buildings and vehicular circulation areas shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.
(17) 
Landscaped, paved, and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas, and adjacent buildings.
(18) 
Materials and design of paving, light fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance, easily maintained, and indicative of their function.
(19) 
Pedestrian connection between parking areas and buildings shall be provided by special pedestrian walkways.
F. 
Lighting:
(1) 
Exterior lighting shall enhance the building design and the adjoining landscape. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent areas, as determined by the Planning Board.
(2) 
The number of light standards and the intensity of lighting shall be appropriate to illuminate the location for safety without glare to adjoining properties, as determined by the Planning Board.
(3) 
Lighting standards shall be appropriate to the design of the structures and shall not exceed 15 feet in height.
(4) 
The light level at the lot line shall not exceed 0.02 footcandles measured at ground level. To achieve this, luminaires shall be shielded to prevent light from shining beyond the lot lines onto neighboring properties or public ways. Where residential uses adjoin commercial uses, light standards shall be restricted to a maximum of 15 feet in height. In addition, all lighting (except for security purposes) shall be turned off between 11:00 p.m. and 6:00 a.m. Exceptions may be considered for those businesses which are operating during these hours.
G. 
Building design.
(1) 
Proposed building design shall recognize compatible building forms indigenous to the community and in particular of the historic character of the Town of Washington. Adaptive reuse of existing structures is encouraged.
(2) 
Materials proposed for new structures and rehabilitation/redesign of existing structures shall have good architectural character and shall be selected for harmony with traditional building materials.
(3) 
Building components, such as windows, rooflines, doors, eaves, trim and parapets, shall have well designed proportions and relationships to one another and be compatible with the historic character of the Town of Washington.
(4) 
Mechanical equipment, such as air conditioners, satellite dishes or other utility hardware, located on roofs, the ground or buildings shall be screened from public view with materials harmonious with the building, specified as to color so as to blend with their surroundings or located as not to be visible from any public way or lands.
(5) 
Treatment of the sides and rear of all buildings shall be comparable in amenity and appearance to the treatment given to street frontages of these same buildings.
(6) 
The design of buildings and the parking facilities shall take advantage of the topography of the project site where appropriate.
(7) 
All buildings shall be oriented to ensure adequate light and air exposures to the rooms within.
(8) 
All buildings shall be arranged to avoid undue exposure to concentrated loading or parking facilities wherever possible and shall be oriented to preserve visual and auditory privacy between adjacent buildings.
(9) 
All buildings shall be accessible to emergency vehicles.
(10) 
Drainage of the site and surface waters flowing therefrom shall not adversely affect adjacent properties or public roadways.
(11) 
Access from and egress to public highways shall be approved by the appropriate Highway Department, including Town, county, state, and federal, to the extent that said Highway Department or Departments have jurisdiction over such access.
(12) 
Wherever appropriate, the siting principles within the Visual Resource Mapping Series described in § 165-17 of this chapter shall be observed.
(13) 
Additional site plan requirements and standards for review set out in other sections of this chapter shall be observed.
(14) 
Proper disposal of construction and demolition waste shall be provided, including any necessary permits or agreements for off-site disposal.
H. 
Parking and loading:
(1) 
The Planning Board may allow parking spaces within a front building setback line if it finds that such parking will not detract from the aesthetic character of the district and is otherwise consistent with the purposes of this section. The Planning Board may reduce the number of off-street parking spaces required if the applicant can make permanent arrangements for space sharing with other residential or nonresidential uses, or can otherwise show that the parking standards in Appendix C[1] are excessive for the particular use proposed. Additionally, the Planning Board shall determine the dimensional requirements for access and internal driveways for the particular use proposed and may require larger dimensions for site driveways and access roads than the minimum dimensions stated elsewhere in this chapter. The Board shall, as much as practicable, locate driveways for nonresidential uses so that the center line of such a driveway shall line up with the center line of a street or driveway opposite the proposed use.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2) 
Notwithstanding the requirements for off-street loading spaces as specified in §§ 165-80, 165-81 and 165-82 of this chapter, the Planning Board may require additional space(s) for delivery vehicle loading, may require larger dimensions for each loading space (including additional setback from adjacent buildings and structures), and may require larger dimensions and means of access for vehicles to such loading spaces than may be stated elsewhere in this chapter.
(3) 
All parking areas shall be set back a minimum of 20 feet from all boundary lines.
(4) 
Parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and monotony of parked cars.
(5) 
Parking facilities shall be designed with regard for orderly management, topography, landscaping, and ease of access, and shall be developed as an integral part of an overall site design.
(6) 
Any above-grade loading facility shall be screened from public view to the extent necessary to eliminate unsightliness.
(7) 
Off-street parking and loading requirements required in this chapter shall be satisfied.
I. 
Material storage and waste container storage:
(1) 
Materials, other than operable passenger, delivery and construction vehicles, shall be stored so as to not be visible from adjoining or nearby properties and public roads. Storage of materials shall be within wholly enclosed structures approved for such use, or shall be screened from view by fencing or landscaping, or combination of fencing and landscaping, as determined by the Planning Board. In no case shall the height of stored material exceed the height of such screening. No outdoor storage of material shall be permitted within 100 feet of a structure used for residential purposes.
(2) 
Adequate facilities for disposal of refuse shall be provided. All refuse disposal units, or locations for deposit, shall be screened from view and designed so as to be fireproof and/or fire retardant and to prevent access by rodents, dogs and vermin. All such enclosures shall remain closed at all times and shall be designed to prevent blowing of paper and refuse.
Requests for site plan review and approval affecting real property within 500 feet of the boundary of the Town of Washington, or the boundary of any existing or proposed county or state park or other recreational area, or the boundary of any existing or proposed county or state roadway, or the boundary of any existing or proposed right-of-way for a stream or drainage channel owned by the county for which the county has established channel lines, or the boundary of any existing or proposed county- or state-owned land on which a public building or institution is situated, shall be referred to the Dutchess County Planning Department pursuant to General Municipal Law, Article 12-B, §§ 239-l and 239-m, as amended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Within 62 days of the receipt of the application and after the applicant has had the opportunity of meeting with the Planning Board, the Planning Board shall approve, approve with modifications, or disapprove the site plan. The decision of the Planning Board shall be expressed in the report, a copy of which shall be mailed to the applicant at the address indicated on the application.
[Amended 8-12-2021 by L.L. No. 3-2021]
A violation of this chapter is an offense punishable by a fine not exceeding $1,000, or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $1,000 nor more than $1,500 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $1,500 nor more than $5,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purposes only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
A. 
Complaints of violations. Whenever a suspected violation of this chapter occurs, any person may file a written complaint in regard thereto with the Zoning Administrator. All such complaints must be in writing (unless the suspected violation threatens life, health, or safety, in which case the Zoning Administrator is authorized to act on an oral complaint). The Zoning Administrator shall properly record such complaint and, if applicable, forward the complaint to the Building Inspector. The Zoning Administrator will immediately investigate and report thereon to the governing body.
B. 
Abatement of violations. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter, the Town Board or, with its approval, the Zoning Administrator may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use to restrain, correct, or abate such violation to prevent the occupancy of said building structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.
C. 
Taxpayer action. Upon the failure of refusal or the proper local officer, board, or body of the Town to institute any such appropriate action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town so to proceed, any three taxpayers of the Town residing in the district wherein such violations exists, who are jointly or severally aggrieved by such violation may institute such appropriate action or proceeding in like manner as such local officer, board, or body of the Town is authorized to do.
D. 
Accountability. For any and every violation of the provisions of this chapter, or of any of the rules, conditions, requirements, and regulations adopted or specified pursuant thereto, the owner, general agent, or contractor of the building or premises where such violation has been committed or shall exist, and the lessee, ground lessee, tenant, or licensee of an entire building or entire premises where such violation shall have been committed or shall exist, and the owner, general agent, or contractor, lessee, ground lessee, tenant, or licensee of any part of a building or premises in which part of such violation has been committed or shall exist, and the general agent, architect, builder, or contractor, or any other person who commits, takes part, or assists in such violation or who maintains any buildings or premises in which any such violations shall have been committed or which shall exist, shall be punishable according to the provisions of this chapter.