LL #6New York State Department of State
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Local Law Filing Albany, NY 12231-0001
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❑County ❑City Zx Town ❑Village
(Select one.)
of Wappinger
Local Law No. 6 of the year 2014
A local law which would amend Chapter 122, Fees and Fines, and Chapter 240, Zoning, of the Town
(Insert Title)
Code with Respect to Accessory Apartments.
Be it enacted by the Town Board
(Name of Legislative Body)
of the
❑County ❑City Ox Town ❑Village
(Select one:)
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 -0239 -f -I (Rev. 06/12) Page 2 of 4
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 — Chapter 122, Fees and Fines
1. A new Section 122-16N(9) shall be added and shall read as follows:
(9) § 240-53, accessory apartments:
(a) § 240-531)(5), application review fee: $500 per application.
(b) § 240-53F, non -familial renewal inspection fee: $150 per year.
2. Section 122-16N(1.1) shall be revised to read as follows:
(1.1) § 240-48, special use permit application fee: $1,000 per application.
Section 4: Code Amendments — Chapter 240, Zoning
1. Section 240-53.A regarding accessory apartments shall be revised to read as
follows:
A. Legislative intent. It is the specific purpose and intent of this provision to
provide the opportunity for the development of small dwelling units
designed, in particular, to meet the special housing needs of relatives of
families living in the Town of Wappinger and the housing needs of persons
who are 55 years of age and older. Furthermore, it is the purpose and intent
of this section to allow the more efficient use of the Town's existing stock
of dwellings, to protect and preserve property values and to maintain the
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one -family character of the one -family residence districts of the Town of
Wappinger without the overutilization of the land, consistent with the Town
Comprehensive Plan.
2. Section 240-53.B(2) shall be revised to read as follows:
(2) 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. Notwithstanding
the above, if said relative vacates the dwelling unit, the owner -applicant
may apply for a transfer of the certificate of occupancy and/or certificate of
compliance for the accessory apartment for occupancy by a non -familial
person who is 55 years of age or older subject to compliance with the
following requirements:
(a) 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.
(b) The non -familial person who is 55 years of age or older may occupy
the principal or accessory dwelling unit with or without one other
person who is at least 21 years old.
(c) Said non -familial occupants shall have the use of not more than two
on-site parking spaces.
(d) The minimum lot size of the property shall be at least 80,000 square
feet.
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
1,500 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
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standards set forth in § 240-53B as determined by the Zoning
Administrator, including but not limited to 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).
(4) The declaration of covenants and restrictions stipulated in § 240-53I.
(5) An application review fee as set forth in § 122-16N(9)(a) 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, certification and/or other acceptable
proof from the owner of the apartment verifying the continued existence of
the family relationship or other requirements stipulated by § 240-53B(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 noncompliance 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. In the case of non -familial occupancy, as described in § 240-
53.B(2) herein, an annual renewal inspection fee as set forth in § 122-
16N(9)(b) of the Code shall be paid to the Town.
G. Change in ownership. Upon a change in ownership or a change in the
residence of the owner -applicant, the certificate of occupancy and/or
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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 this chapter and provide the Zoning
Administrator with clear and convincing proof of the family relationship
required in § 240-53B(2). In the event that the new owner -applicant decides
not to live in the structure or is 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 stove(s), oven(s), sink(s) and refrigerator(s) in
the kitchen of the accessory apartment and to convert the premises back
solely into a one -family dwelling unit.
H. Change in family relationship. Upon a change in the family relationship as
required in § 240-53B(2), the certificate of occupancy and/or certificate of
compliance for the accessory apartment shall terminate 60 days after such
change. Notwithstanding the above, the owner -applicant may apply
pursuant to § 240-53D for a transfer of the certificate of occupancy and/or
certificate of compliance, provided that the owner establishes compliance
with the family relationship or other requirements stipulated in § 240-
5313(2). The owner -applicant shall provide the Zoning Administrator with
clear and convincing proof of such family relationship or other
requirements stipulated in this chapter. In the event that the new owner -
applicant cannot establish the family relationship or other requirements
stipulated in this chapter, the owner -applicant shall have 60 days to remove
the stove(s), oven(s), sink(s) and refrigerator(s) in the kitchen of the
accessory apartment and to convert the premises back solely into a one -
family dwelling unit.
I. Declaration of covenants and restrictions. The owner -applicant shall be
required to execute a declaration of covenants and restrictions to be
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 a transfer
of the certificate of occupancy and/or certificate of compliance in
accordance with § 240-53G of the Town of Wappinger Zoning Law.
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(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 § 240-53H 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, Readoption 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: NumberinL, 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
sections and sub -sections of this Local Law may be re -numbered or re -lettered by the
Codifier to accomplish such intention; that the Codifier shall make no substantive
changes to this Local Law; that the word "Local Law" shall be changed to "Chapter,"
"Section" or other appropriate word as required for codification; and that any such
rearranging of the numbering and editing shall not affect the validity of this Local Law or
the provisions of the Code affected thereby.
Section 7: 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 application to other
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persons or circumstances. It is hereby declared to be the legislative intent of the Town
Board of the Town of Wappinger 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 thereof is held inapplicable had been specifically exempt therefrom.
Section 8: Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by the Municipal Home Rule Law.
J:\DOCS2\500\Wappinger\Code Amendmts 2014\acc apts amends 6-9-14 final clean.dhs.doc
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(Complete the certification in the paragraph that applies to the filing of this local law and
strike out 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. 6 of 2014 of
the MVWVI q)(Town)N ) of Wappinger was duly passed by the
(Name of Legislative Body)
Town Board on May 27 2014 in accordance with the applicable
provisions of law.
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 20 of
the (Cou nty)(City)(Town) (Village) of was duly passed by the
(Name of Legislative Body)
(repassed after disapproval) by the
on
on
20 , and was (approved)(not approved)
(Elective Chief Executive Officer*)
20m, in accordance w ith the applicable provisions of law.
I (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
on
(Elective Chief Executive Officer*)
and was deemed duly adopted
of 20 of
was duly passed by the
20 , and was (approved)(not approved)
on 20
Such local law was submitted 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
20 , 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 20 of
the (Cou nty)(C ity)(Town) (Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
was duly passed by the
on 20 , and was (approved)(not approved)
(Elective Chief Executive Officer*)
on 20 . Such local
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , 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.
DOS -0239 -f -I (Rev. 06/12) Page 3 of 4
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 20 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 20 , 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 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , 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,� wa fina do in the manner indicated in
paragraph above. / , —
ie or nae cutmty Iegtatative body, City, Town or Village Clerk or
o cer designated by local legislative body
(Seal) Date:
DOS -0239 -f -I (Rev. 06/12)
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