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). In addition, the following require special permits from
the Planning Board:
A. Certain uses in the APO Overlay Zone (§
165-25).
D. Certain uses in the HOS Overlay Zone (§
165-22).
[Added 6-3-2024 by L.L.
No. 3-2024]
[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).
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 as requiring special permits or site plan approval and
those uses for which other sections of this chapter require special
permits.
(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:
(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 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.
(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.