LL #04-2003NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
Local Law Filing
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do
not use italics or underlining to indicate new matter.
Town of WAPPINGER
Local Law No. # 4 of the year 20 03
A local law (Insert Title) entitled "Local Law # of 2003, amending the Town Code,
Section 240-53 Accessory Apartments."
Apartments."
Be it enacted by the TOWN BOARD
of the
(Name of Legislative Body)
Town of WAPPINGER as
follows:
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and
number each.)
DOS -239 (Rev. 11/99)
LOCAL LAW # OF THE YEAR 2003
A Local Law entitled "Local Law #_ of 2003, amending the Town Code, Section 240-
53, Accessory Apartments."
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 #_ of 2003, amending the
Town Code, Section 240-53, Accessory Apartments."
Section 2: Legislative Intent
The intent of the proposed Local Law is to eliminate the minimum age of building
requirement for accessory apartments.
Section 3: Subsection C., Modifiable Requirements, of Section 240-53, Accessory
Apartments, of the Zoning Law shall be revised to read as follows:
"C. Modifiable requirements. The Planning Board shall have the power to modify the
following requirements, provided that said Board finds that such modifications are
consistent with the legislative intent of this section as set forth in § 240-53A above
and the purposes of this chapter.
(1) Occupancy. The minimum gross floor area for an accessory apartment shall
be 300 square feet but in no case shall it exceed 35% of the gross floor area
of the building in which it is located.
(2) Location of parking. No more than two off-street parking spaces shall be
permitted in front of the principal building. No parking areas shall be in the
front yard.
(3) Access.
(a) An accessory apartment shall have access which is separate from the
other dwelling unit in the building.
(b) Both dwelling units shall not be allowed to access the front of the
building in which they are located unless there is a separate secure
access to each dwelling unit inside the single common front
entrance.
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(c) Outside stairways and fire escapes for the accessory apartment shall
be at the rear of the building.
Section 4.
Except as specifically modified by the Amendments contained herein, the Zoning Law of
the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time
to time thereafter is otherwise to remain in full force and effect and is otherwise ratified,
readopted and confirmed. .
Section 5: Separability
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable
to any person or circumstance, such illegality, invalidity or unconstitutionality, or
inapplicability shall not affect or impair any of the remaining provisions, clauses,
sentences, subsections, words or parts of this Local Law or their petition to other persons
or circumstances. It is hereby declared to be the legislative intent that this Local law
would have been adopted if such illegal, invalid or unconstitutional provision, clause,
sentence, subsection, word or part had not been included therein, and if such person or
circumstance to which the Local Law or part hereof is held inapplicable had been
specifically exempt there from.
Section 6: Effective Date
This Local Law shall take effect immediately upon adoption and filing with the Secretary
of State as provided by the Municipal Home Rule Law.
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(Complete the certification in the paragraph that applies to the filing of this local law and strikeout that
which is not applicable).
1. (Final adoption by local legislative body only).
I hereby certify that the local law annexed hereto, designated as local law No. #4
of the Town of WqpjRinger was duly passed by the Town Board
Anri 1 14, 2003, in accordance with the applicable provisions of law.
(Name of Legislative Body)
of 2003
on
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the
Elective Chief Executive Officer*.
I hereby certify that the local law annexed hereto, designated as local law No. of 2003
of the (County) (City) (Town) (Village) of was duly passed by the
on 2003, and was (approved) (not approved) (repassed after
(Name of Legislative Body)
disapproval) by the and was deemed duly adopted on 2003,
(Elective Chief Executive Officer*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum).
I hereby certify that the local law annexed hereto, designated as local law No. of 2003
of the (County) (City) (Town) (Village) of was duly passed by the
on 2003, and was (approved) (not approved) (repassed after
(Name of Legislative Body)
disapproval) by the on 2003. Such local law was submitted
(Elective Chief Executive Officer*)
to the people by reason of a (mandatory) (permissive) referendum, and received the affirmative vote of a
majority of the qualified electors voting thereon at the (general) (special) (annual) election held on
2003, in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum).
I hereby certify that the local law annexed hereto, designated as local law No. of 2003
of the (County) (City) (Town) (Village) of was duly passed by the
on 2003, and was (approved) (not approved) (repassed after
(Name of Legislative Body)
disapproval) by the
on 2003. Such local law was subject to
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of
2003, in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county -wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances.
5. (City local law concerning Charter revision proposed by petition).
I hereby certify that the local law annexed hereto, designated as local law No. of 2003
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the (special)(general) election held on
2003, became operative.
6. (County local law concerning adoption of Charter).
I hereby certify that the local law annexed hereto, designated as local law No. of 2003
of the County of State of New York, having been submitted to the electors
at the General Election of November 2003, pursuant to subdivisions 5 and 7 of section 33 of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said
county considered as a unit voting at said general election, became operative.
If any other authorized form of final adoption has been followed, please provide an appropriate
certification).
I further certify that I have compared the preceding local law with the original on file in this office and
that the same is a correct transcript therefrom and of the whole of such original local law, and was finally
adopted in the manner indicated in paragraph 1 , Aove. A
/o o / f /l
(Seal)
Clerk of the County
or officer designat
GLORIA�
��
Date: //�.�E,
(Certification to be executed by County,
or other authorized attorney of locality).
STATE OF NEW YORK
COUNTY OF Dutchess
y, Town or Village Clerk
body
CLERK,
Corporation Counsel, Town Attorney, Village Attorney
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of the local law annexed hereto.
Signature
ALBERT P. ROBERTS, ATTORNEY TO TOWN
Title
Town of WAPPINGER
Village L
Date: ! 2003
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