2014-1132014-113
Resolution Introducing Local Law No. Of 2014 Which Would Amend Chapter 122, Fees
And Fines, And Chapter 240, Zoning, Of The Town Code With Respect To Accessory
Apartments
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 April 14,
2014.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
- Barbara Gutzler
- William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Kuzmicz.
WHEREAS, the Town Board is considering the adoption of Local Law No. _ of 2014
which would amend Chapter 122, Fees and Fines, and Chapter 240, Zoning, of the Town Code
with respect to accessory apartments (the "Proposed Action"); and
WHEREAS, the Town Board has determined that the Proposed Action is a Type I action
pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known
as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality
Review Law which establishes locally designated Type I actions); and
WHEREAS, the Town Board has determined that the proposed Local Law is an action for
which there are no other Involved Agencies and that the Town Board is therefore, by default, the
Lead Agency for this action.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board hereby adopts and incorporates the recitations and
statements set forth above as if fully set forth and resolved herein.
2. The Town Board of the Town of Wappinger hereby introduces for consideration
of its adoption proposed Local Law No. _ of 2014 in the form annexed hereto.
3. The Town Board hereby schedules a Public Hearing regarding the adoption of
the annexed proposed Local Law No. _ of 2014 for 7:30 PM on the 27th day of
May, 2014 and the Town Clerk is hereby directed to post the notice of the
Public Hearing in the form annexed hereto and to publish same in the
Southern Dutchess News and the Poughkeepsie Journal not less than ten (10)
days prior to said Public Hearing date.
4. The Town Board hereby directs the Town Clerk to act as follows with respect to
the proposed Local Law:
a) To serve a copy of this Resolution, the annexed proposed Local Law,
and the Public Hearing notice to the municipal clerk of each abutting
municipality not less than ten (10) days prior to said Public Hearing;
b) To serve a copy of this Resolution, the annexed proposed Local Law,
and the Public Hearing notice to the Dutchess County Department of
Planning and Development for advisory review in accordance with
Section 239 of the General Municipal Law; and
c) To distribute a copy of this Resolution, the annexed proposed Local
Law, and the Public Hearing notice to the Town of Wappinger Planning
Board for its review and recommendation pursuant to Section 240-112 of
the Zoning chapter prior to said Public Hearing.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
4/14/2014
The Re lution is hereby d decl ed adopted.
f ,~ ~-~
SEPH P. PAOLONI, TOWN CLERK
Draft: 3-6-14t- - = Formatted: Rignt
LOCAL LAW NO. OF 2014
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1: Title
This Local Law shall be known and cited as "Local Law No. _ of 2014, which would
amend Chapter 122, Fees and Fines, and Chapter 240, Zoning, of the Town Code with
respect to accessory apartments."
Section 2: Legislative Intent
This local law is determined to be an exercise of the police powers of the Town to protect
the public health, safety and welfare of its residents. The Town Board believes that it is
reasonable and appropriate to update and amend Chapter 122, Fees and Fines, and
Chapter 240, Zoning, of the Town Code with respect to accessory apartments.
Section 3: Code Amendments -Chanter 122, Fees anal Fines
1. Anew Section 122-16N(9) shall be added and shall read as follows:
(9) § 240-53, accessory apartments: .
(a)_ _ _ ~ 240=53D(5),~pplication review fee: $500 per application, _ - Formatted: Font: Not~Boid
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Formatted: Font: Not Bold
(b) § 240-53F, non-familial renewal inspection fee: $150 per year. ~ Formatted: Font: Not Bold
2. Section 122-16N(1.1) shall be revised to read as follows:
(1.1) § 240-48, special use permit application fees: $1.000 per application.
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3. Section 240-53.B(4) shall be revised to read as follows:
(4) Maximum size. An accessory apartment shall be subordinate in area to the
principal dwelling. 'The accessory apartment shall not exceed 35% of the
gross floor area of said .principal dwelling, and in no event shall exceed
1,SOO~A99 square feet of gross floor area.
4. Section 240-53.D shall be revised to read as follows:
D. Application. An application for an accessory apartment must contain
sufficient information to demonstrate compliance with each of the
standards set forth in § 240-53B as determined by the Zoning
Administrator, including but not limited to previgierre~the following
information:
(1) A floor plan of each habitable floor of the building, with all interior
dimensions, including windows and doors, and with an assignment
of spaces to the proposed dwelling units, including types of rooms.
(2) Plans shall be prepared in sufficient size and detail to enable the
Building Inspector to determine compliance with the requirements
for an accessory apartment.
(3) Clear and convincing proof of a family relationship or other
requirements, as applicable, as stipulated in § 240-53B(2).
The declaration of covenants and restrictions stipulated in § 240-53I.
An application review fee as set forth in § 122-16N(9)(al of the
Code.
5. Sections 240-53.F, G, H and I shall be revised to read as follows:
F. Renewal inspections. Each accessory apartment shall be reviewed and/or
inspected by the Zoning Administrator every year in order to determine
whether the apartment remains in compliance with this chapter. Upon the
determination of such compliance, the Zoning Administrator shall issue a
certificate of occupancy and/or certificate of compliance. The Zoning
Administrator may require an affidavit, std certification and/or other
acceptable proof from the owner of the apartment verifying the continued
existence of the family relationship or other requirements sti Mated
requires by § 240-53B(2). In the event that the inspection determines that
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recorded in the Dutchess County Clerk's Office and indexed against the
subject property, prior to the issuance of a certificate of occupancy and/or
certificate of compliance for the accessory apartment. The declaration of
covenants and restrictions shall be in favor of the Town of Wappinger and
shall state that:
(1) Upon the death of the undersigned or the survivor of the undersigned
or upon the transfer of title to said premises or upon the undersigned
no longer occupying the premises as his or her principal residence,
the new owner shall apply to the Zoning Administrator for atransfer
of the certificate of occupancy and/or certificate of compliance in
accordance with § 240-53G€ of the Town of Wappinger Zoning
Law.
(2) The new owner of the premises shall have to apply to the Zoning
Administrator for a transfer of the certificate of occupancy and/or
certificate of compliance to continue the accessory apartment within
30 days of closing and transfer of title.
(3) Upon a change in the family relationship required by § 240-53B(2),
the owner shall apply to the Zoning Administrator for a. transfer of
the certificate of occupancy and/or certificate of compliance in
accordance with § 240-53HC of the Town of Wappinger Zoning
Law. In this case, the owner of the premises shall have to apply to
the Zoning Administrator for a transfer of the certificate of
occupancy and/or certificate of compliance to continue the accessory
apartment within 30 days of the change in family relationship.
(4) As a condition for permission to maintain an accessory apartment,
the Building Inspector and/or the Zoning Administrator shall have
the right to inspect the premises upon reasonable notice to the
owner.
Section 5: Ratification. Readoation and Confirmation
Except as specifically modified by the amendments contained herein, the Code of the
Town of Wappinger as adopted and amended from time to time thereafter is otherwise to
remain in full force and effect and is otherwise ratified, readopted and confirmed.
Section 6: Numbering for Codification
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions
of this Local Law shall be included in the Code of the Town of Wappinger; that the
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