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2026-582026-58 A Local Law Amending Chapter 240-90 of the Coder for Final Approval of Site Development Plan At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on January 26, 2026. The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll being called, the following was recorded: AYES: ✓ Vote Record - Resolution RES -2026-58 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Joseph D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder Q ❑ ❑ ❑ ❑ Tabled Heather O'Dell Voter Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Mover Q ❑ ❑ ❑ Al Casella Voter Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Phillips and seconded by Councilman Beale. BE IT RESOLVED, that proposed Local Law of the year 2026 of the Town of Wappinger, County of Dutchess and State of New York, entitled "A Local Law Amending Chapter 240-90 of the Town Code of the Town of Wappinger Amending Final approval of Site Development Plan", which establishes expiration deadlines for final site development plan approvals consistent with those applicable to subdivision approvals (the "Local Law"), is hereby introduced to the Town Board of the Town of Wappinger; and BE IT FURTHER RESOLVED, that copies of the aforesaid proposed Local Law be laid upon the desk of each member of the Town Board; and BE IT FURTHER RESOLVED, that the Town Board shall hold a public hearing on said proposed Local Law at the Town Hall, in the Town of Wappinger, New York, at 7 o'clock P.M. on February 9, 2026, or as soon thereafter as the matter can be heard; and BE IT FURTHER RESOLVED, that the Town Clerk shall publish or cause to be published a public notice in the official newspaper of the Town of Wappinger of said public hearing at least five (5) days prior thereto; and BE IT FURTHER RESOLVED, that the Town Clerk shall send or cause to be sent a copy of the proposed Local Law to the Dutchess County Department of Planning in accordance with the applicable provisions of Section 239 of the General Municipal Law at least ten (10) days prior to the date of the public hearing. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: William H. Beale, Councilman AYES: Cavaccini, Beale, O'Dell, Phillips, Casella Dated: Wappingers Falls, New York 1/26/2026 The Resolution is hereby duly declared Adopted. LOCAL LAW NO. OF THE YEAR 2026 A Local Law entitled "Local LawAmending Chapter 240-90 of the Town Code Amending Final approval of Site Development Plan." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section L• Title. This Local Law shall be known and cited as "Local Law Amending Chapter 240-90 of the Town Code Amending Final approval of Site Development Plan." Section IL• Legislative Intent. The Town Board of the Town of Wappinger hereby finds and declares that the timely and orderly review of subdivision applications is essential to protecting the public health, safety, and general welfare of the community. The intent of this Local Law amending Chapter 240-90 of the Town Code, relating to the final approval of Site Development Plan, is to ensure that approved plans are acted upon within a reasonable and predictable timeframe, consistent with current planning standards, infrastructure capacity, environmental conditions, and community needs. At present, Site Development Plans may receive final approval and remain inactive for extended periods of time—sometimes years or decades—before construction or implementation occurs. When such approvals are later reactivated, the underlying plans may no longer reflect contemporary zoning standards, environmental regulations, infrastructure conditions, or the Town's adopted planning goals, including those set forth in the Comprehensive Plan. This practice undermines responsible land -use planning and can adversely impact roads, schools, utilities, emergency services, and neighborhood character. Accordingly, this Local Law establishes defined expiration deadlines for final site plan approvals, modeled after and consistent with the timelines applicable to preliminary subdivision approvals. The law provides that final approval of a subdivision plat shall expire after a period of three (3) years. The Town Board further intends that applicants retain the ability to request extensions of final approval within the prescribed timeframe, subject to review and approval by the Planning Board. However, where final approval has expired after three (3) years, the applicant shall be required to return to the Planning Board for renewed review and approval under the then - current Town Code, standards, and policies. Section III: Amendment of � 240-90 Section B. Expiration and extensions of inial site plan approval. § 240-90 Expiration of approval. A. Site plan approval shall expire in the event that: (1) An application for a building permit or, where a building permit is not required, a certificate of occupancy has not been made within one year of the date of approval; (2) All construction in conformance with the approved site plan has not been completed within three years of the date of approval; (3) Construction in accordance with the site plan substantially ceases for any reason, prior to completion, for a period of one year or more after commencement of construction; or (4) The premises has been substantially vacant or inactive for more than three years. B. An application for extension of site plan approval shall be made by the application to the Planning Board prior to the expiration of the specific time period sought to be extended. The Planning Board may extend all time limits for good cause shown d: ulgoiin the wii°fttein irequest of the owineii° of the Igii"olgeiity oii° a duly authoii° zed agent made at least 30 days Idefoii°e the exlpli afloin of alppi oval.. Il:::::xteinsloins of final. site Igl.aiil alppiroval. slhal.l. not exceed one year, foil°, each exteinsloin. In no case shall. final. site Igl.aiil alppiroval. Ide extended Ibeyond tIhi ee year's fi oiiin the date of oii1glnal. alppi oval..