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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 ------- 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. I"' YY ' !w~_~eeta~ :t ..,.1.,« F o; T 1 nnn .. ••1: •••z cvi. t'k/ ~ Y ~b > 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 3 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 5