LL #06-2005NEW YORK STATE DEPARTMENT OF STA'T'E
41 STATE STREET
ALBANY, NY 12231
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Text of law should be given as amended. Do not include matter being eliminated and do
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Town of WAPPINGER
# 6 of the year 20
Local Law No. 05_,
A local law (Insert Title) entitled "Local Law # 6 of 2005
ADartments
Be it enacted by the TOWN BOARD
of the
(Name of Legislative Body)
as
Town of NITPPTNGER
follows:
TEXT COMMENCES ON NEXT PAGE
f additional space is needed, . attach pages the same size as this sheet, and
number each.)
- DOS -239 (Rev. 11/99)
LOCAL LAW # 6 OF THE YEAR 2005
A Local Law entitled "Local Law # 6 of 2005, amending Section 240-53 of the Town of
Wappinger Zoning Law with Respect to Accessory Apartments .
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1: Title
This Law shall be known and cited as "Local Law #6 of 2005, amending Section
240-53 of the Town of Wappinger Zoning Law with Respect to Accessory Apartments."
Sect_ Legislative Intent
The purpose of the proposed Local Law is to amend Section240-53 o the Town of
significant
Wappinger Zoning Law with respect to Accessory Apartment apartments
t
regulations is that applications for accessory
proposed change to the existing g�
will no longer come before the Planning Board, but, rather, will be processed by the
Ins ector. Other more substantive changes
Zoning Administrator and the Building p accessory
include: the elimination of a minimum lot size requirement; mee�the required
(provided the .accessory building apartments
apartments in -accessory buildings lifti_ng the prohibition against accessory p
setbacks for the principal building);
in principal dwellings that already contain boarders, a home occupation, or a professional
home office; and adjustments and clarifications to various requirements including
dwelling unit size, access, and parking.
number of other changes which
In addition to the changes described above, there are a numations and policies.
mainly consist of reorganization and clarification of existing regulations
The Proposed Action does not propose construction or development activian
ti ca r any site
adverse
within the Town of Wappinger, and will not result in y g
environmental impacts.
Section 3: The definition for "Accessory Apartment" in Section 240-5 of the Town
Code is hereby amended to read as follows:
§ 240-5.
ACCESSORY APARTMENT --- A dwelling
unit which is incidental and subordinate to and located within a permitted one -family dwelling or within a detached accessory garage
or barn on. the same lot.
PA
Section 4: Section 240-53 of the Town Code is hereby repealed and replaced with the
following text:
§.240-53. Accessory apartments.
purpose and intent of this provision to provide
A. Legislative intent. It is the specific units designed, in
the opportunity for the development of small dwelling
particular, to meet the special housing needs of relatives of eat nt few �gtionin the
Town of Wappmger. Furthermore, it is the purpose ve
to
of the Town
allow the more efficient use 's existing stock of dwellings, to protect
and eserve roe values and to,mainta?n the.one-family cbaxactex of the one -
P P rt3' er without the overutilizati.on of
family residence districts of the Town of Wapping
the land, consistent with the Town Comprehensive Plan.
B. Standards. Accessory apartment, shall comply g4th the following standards:
(1) minimum lot area: not applicable.
(Z) Required occupancy.
The owner of the property upon which the accessory
apartment is located shall occupy the principal or accessory dwelling unit
on the premises as his/her primary residence. An occupant of at least one
of the dwelling units on the property shall be the father, mother, son,
daughter, brother, sister, grandparent, grandchild, father-in-law or mother-
in-law of an occupant of the other dwelling unit on the property.
(3) Number of accessory apartments. Only one accessory apartment shall be
permitted on any lot.
(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
1,000 square feet of gross floor area.
(5) Minimum size The minimum gross floor area for an accessory apartment
shall be 300 square feet.
(6) Maximum occupancy. 'The accessory apartment shall be limited in
occupancy to three persons.
(7) Principal use. The principal use of the premises must be that of a detached
one -family dwelling.
(8) Setbacks. If the accessory .apartment iswithin a detached accessory
building, said building must meet the required setbacks for the principal
building on the lot.
3
(9) Access.
(a) In the event that an accessory apartment is provided with an
externally located entrance separate from thatobethe
loca ed on dwelling m which it is located, such entrance alongthe front only if the
side or rear of the one -family dwelling,
entrance is on a separate, perpendicular plane from that of the front
door of the one -family dwelling.
(b) Any outside stairways and/or fire escapes for the accessory apartment
shall be at the rear or side of the building.
(10) Exterior appearance- If an accessory apartmentdetached one-
familythe e --10r
is located in a �.or appearance
dwelling, to the degree reasonably feasible,
of the building will remain that of a one -family residence.
{11) Utilities. Unless the premises are serviced by a community sewer or water
Health Department shall be
system, approval of the Dutchess County�� certificate of occupancy
obtained prior to issuance of a building p
and/or certificate of compliance.
(12) Maintenance and continued compliance. An accessory apartment shall be
permitted only where all structures on the premises are in ccomp�h not ice ssue
the Uniform Code and Zoning Code. The Buildinginspector
of compliance until the
a certificate of occupancy and/or sections of the Uniform Code of the
accessory apartment complies with all sections
Code, and n corrected.
o til t a lation(s) of the
State of New York and the Town
Uniform Code and Town Code, if any, have been
(13) Parking. Off-street parking shall be provided in accordance with Article X
of this chapter.
C. An applicant failing to meet any of the above conditions may apply to the Zoning
Board of Appeals for a variance.
ufficiD. Application. An application for an accessory apartment. must condta'm s e t
PP
information to demonstrate compliance �tedato provision of the following
Section 240-53.B, including b
information:
(1) A floor plan of each habitable floor of the building, with all interior
dimensions, including windows and doors, and with o an roomsS1�ent of
spaces to the proposed dwelling units, including types
M
to
(2) Plans shall be prepared in sufficient size and deter requirements an
Buildinrg
Inspector to determine compliance with the req
apartment.
(
3) Clear and convincing proof of a family relationship as stipulated in § 240-
53B(2).
Upon certification by 'the Zoning Administrator that
E. Certificate of occupancy. p the Building
the Applicant has complied with all conditions
certificate of occupancy for an accessory
Inspector shall be authorized to issue
apartment.
F. Renewal inspections. Each accessory apartment shall be reviewed and/ox
inspected by the Zoning Administrator every year order to determine whether
the apartment re�ualiis In ct'iu`"lpllanve '�Jith this Chaptei. Upon +the determation
ue a certificate of
of such compliance, the Zoning Administrator shall iss
occupancy and/or certificate of compliance. The Zoning Administrator may
require an affidavit and/or certification from the owner of the apartment verifying
the continued existence of the family relationship required by §240-53(B)(2). In
the event that the inspection determines that the apartment is no longer in
compliance with this Chapter, the certificate of occupancy and/or certificate of
compliance shall be revoked. The certificate of occupancy and/or certificate -of
compliance, once issued, shall be valid for a period of one year provided that the
owner -applicant complies with the terms of this Chapter. In the event of non-
compliance with this Chapter, the certificate of occupancy and/or certificate of
compliance shall be revoked and the time periods established in §240-53 for
discontinuing accessory apartments shall apply.
G. Change in ownership. Upon a change in ownership or a change in thee residence
of the owner -applicant, the certificate of occupancy and/or certificate
of
compliance for the accessory apartment. shall terminate. A new owner -applicant
may apply for permission to maintain an accessory apartment pursuant to this
Chapter. The new owner -applicant shall submit an application as authorized by
ing Administrator with clear and convincing
this Chapter and provide the Zon
2
proof of the family relationship required in §240-53(B)( )
new owner -applicant decides not to live in the structure or i, In the event that the
turs not otherwise able to
continue the use of the accessory apartment as authorized by this Chapter, the
owner -applicant shall have. 60 days to remove the kitchen of the accessory
mises into none -family dwelling unit•
apartment and to convert the pre
Change in family relationship. Upon a change in the family relationship as
H.
required in §240-53B(2), the certificate of occupancy and/or certificate of
shall terminate 60 days after such change.
compliance for the accessory apartment
Notwithstanding the above, the owner -applicant may apply for a transfer of the
certificate of occupancy and/or certificate of compliance provided that the owner
5
relationship required by §240-53(3)(2).
establishes compliance with the family Administrator with clear and
The owner—applicant shall provide the Zoning
convincing proof of such family relationship as required by this Chapter. In the
event that the new owner -applicant cannot establish the family relationship
shall have 60 days to remove the
required by this Chapter, the owner -M
licant
kitchen of the accessory apartment and to convert the premises into a one -family
dwelling unit.
Declar
ation of covenants and restrictions. The owner -applicant shall be requu the
I.
to execute a declaration of covenants and restrictions to be recorded into
Dutchess County Clerk's Office and indexed against the subject property, Prior
the issuance of a certificate of occupancy and/or certificate e restrictions hall r him
accessory apartment. The declaration of covenants
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 a transfer of the certificate of
occupancy and/or certificate of compliance in accordance with §
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
§ 240-53G of the Town of Wappinger in Zoning Law. in this case, the owner
o the Zoning Administrator for a
of the premises shall have to apply to
certificate of compliance to
transfer of the certificate of occupancy
continue the accessory apartment within. 30 days of the change in family
relationship.
(4) As a condition for permission to maintain an accessory apartment, ttie
Building Inspector and/or the Zoning Administrator shall have the right to
inspect the premises upon reasonable notice to the owner.
Section 5: Section 240-97 of the Town Code shall be amended to read as follows:
§ 240-97.
R
Use
Minimum Number of Off -Street Parking Spaces
2 for each dwelling unit, plus 1 for any accessory
1 -family and 2 -family dwelling)
dwellings apartment (associated with a 1 -family
Section 6: The Schedule of Use Regulations for Residential Districts shall be amended
to read as follows:
Schedule of Use Regulations —Residential Distri s
R-80
R-40/80
R-40
R-20/40
R-20
R-15 RMI' -3
Uses
R-10 R 2F RMF -5
240-53 PA PA PA
Accessory apartments (§ )
aPermitted only in connection with a one -family dwelling unit.
Section 7: The Schedule of Use Regulations for Nonresidential Districts shall be
amended to read as follows:
Schedule of Use Regulations — Nonresidential Districts
MU
GB CC SC HO HD COP All PI PUD
Uses
Accessory
apartments §
r) n n_,q*Il PAA
Section 8-
the Zoning Law o
Except as specifically modified by the Amendments contained herein,
P p er as adopted by Local Law No. 5 of 1990 and amended from time
the Town of Wap ing P
to time thereafter is otherwise to remain in full force and effect and is otherwise ratified,
readopted and confirmed.
7
Section 9: SepaabilitY
" 'ons of this Local Law are separable and if any provision, clause, sentence,
The provisions invalid or unconstitutional, or inapplicable
subsection, word or part thereof is held illegainvalidity or unconstitutionality'
or
provisions, clauses,
to any person or circumstance, such illegality, r, f the remaining Pr to other persons
inapplicability shall not affect or impair eY
sentences, subsections, words or parts of this Local Law
gi latithe ve intent
Petition tht �s Local law
or circumstances. It is hereby declared t invalid
dor unconstitutional provision, clause,
would have been adopted if such illegal, erein,and if such person or
sentence, subsection, word or part had not been hereof thh 1 >naPPlicable had. been
circumstance to which the Local Law or p
specifically exempt there from.
Section 10: Effective Date
Law shall take effect immediately upon adoption and filing with the Secretary
This Local Home Rule Law.
of State as provided by the Municipal
cation in the paragraph that applies to the filing of this local law and
(Complete the certification
strikeout that which is not applicable)
1 (Final adoptioxt by local legislative body only).
local law annexed hereto, designated as local law No.
I hereby certify that the ) (Town) of (Name of
iib of 2005 of the s duly passed by the
Legislative Body) wa i 2005, in accordance with the applicable
Town Board on Tn —
provisions of law.
Local legislative body
with approval, no disapproval or repassage after
2. (Passage by
disapproval by the Elective Chief Executive Officer*.
designated as local law No -
(Village) hereby certify that the local lawannexed County) hereto, designated
(Town) (pillage) of
of 2005 of the( the arae of Legislative
was duly passed by a roved) (not
on 2005, and was (approved)
Body) disa royal) by the (Elective Chief Executive
approved) (repassed after PP adopted on 2005,
officer*)
and was deemed duly P
in accordance with the applicable provisions of law.
3. (Final adoption by referendum).
designated a local (Village) Nof
I hereby certify that the local law e County) to�(City) (T )
of 2005 of (was duly passed by the (Name of Legislative
-
L
2005, and was (approved) (not
Body) on
by the (Elective Chief Executive
approved) (repassed after disapproval)
2005. Such local law was
Officer*) on
ermissive) referendum., and
submitted to the people by reason of a (��tualified selectors voting thereon at the
received the affirmative vote of a majority of the q
(general) (special) (annual)
election held on 2005, in accordance
with the applicable provisions of law.
4.(Subject to permissive referendum and final adoption because no valid petition
was filed requesting referendum).
designated as local law o.
I hereby certify that. the local law annexed Counereto,(City) (Town) (Village) of
of 2005 of the ( �) ams o Le slative Body)
was duly passed by the (N f ed) (not
on 2005, and was (PProv
by the (Elective Chief Executive
approved) (repassed after disapproval) 2005. Such local law was
Officer*) on
such referendum was
subject to permissive referendum and no validwith the PPlicable provisions of law -
filed as of 20059 in accordance
*Elective Chief Executive Officer means or includes the chief of the county legislative
elected on a county wide basis or, if there be none, the chairperson
bod the mayor of a city or village, or the supervisor of a town where such officer is vested
y�
with the power to approve or veto local laws or ordinances.
5. (City local law concerning Charter revision proposed by p.etition).
that the local law annexed hereto, designated as local law No -
I hereby certify having been submitted to
of 2005 of the City of al
.referendum.pursuant to the provisions of section .(36)(37) of the ala1�d electors OfRsuch city
and having received the affirmative vote of a majority of the q 2005, became
voting thereon at the (special)(general) election held on
operative.
6. (County local law concerning adoption of Charter).
al law No -
I hereby certify that the local law annexed hereto, designated lOS ate of New
Y
of 2005 of the County of
York, having been submitted to the electors at the G o f ral Election of November
the Municipal Home Rule Law, and
2005, pursuant to subdivisions 5 and 7 of sect,
3 of the qualified electors of the cities of
having received the affirmative vote of a majority
said coup as a unit and a majority of the qualified electors the towns of said county
�' became Operative
considered as a unit voting at said general election,
0
tion has been followed, please provide an
If
any other authorized form of final adoP
appropriate certification). original on file m this
I further certify that I have compared the preceding local law with the
correct transcript therefrom and of the t't'halh of such origins
office and that the same is a coned tr the manner
indicated m paz
local law, and was finally adopted
above.
Cl of the Co ty legislative body, City,
Town or Village Clerk
or $icer designated by local legislative body
John C. Masterson, Town Clerk
Date:
(Seal) torney,
County Attorney Corporation Counsel, Town At
(Certification to be executed by of localiiy).
Village Attorney or other authorized attorney
STA'L'E OF NEW YORK
COUN'T`Y OF DUTCBEss
local law contains the correct text and
I, the undersigned, hereby certify
that the foregoing ent of the local law annexed
that all proper proceedings have been had or taken for the enactor
P
hereto.
4ignaature
Title
of y1aPPinger
Town
Date:
a
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