LL #01-1998NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 1 'ASHINGTON AVENUE, ALBANY, NY 12231
(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.
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Wa i•i er
Townof.......)?1?..:..............................................................:.......................................
Local Law No.............#.I................................... of the year 19 98...
A local law ...to Allow the Conversion of Existing Hotel/Motel Facilities in GB Zones to
.......................................................................................
(Insert Title) Congregate Care Facilities
Re it enacted by the Town Board
.......................................................................................................................... o f t h e
(Name of Legislatiye Body)
Xl{X;Y Wappinger
Townof .........................................................
TEXT COMMENCES ON NEXT PAGE
as follows:
(If additional space is needed, attach pages the sarne size as this sheet, and number each.)
(1)
SECTION I. TITLE
This law shall be entitled: "A local law allowing certain existing
motel/hotel facilities in GB Zones to be converted to Congregate
Care Facilities."
SECTION II. PURPOSE AND INTENT
It is the purpose of this Local Law to allow the conversion of
eligible existing hotel or motel facilities to Congregate Care
Facilities, under appropriate standards which include the
,.. requirement of the issuance of a special permit by the Planning
Board. The Town Board finds that it is in the interests of the
Town to provide for such facilities, which provide residential care
and services to ambulatory adults who may require assistance with
daily activities. Such facilities serve the local population, and
there is a general shortage of beds for such services in the Hudson
Valley.
CTION III. AMENDMENT
1. Definition:
Section 220 of the Zoning Law of the Town of Wappinger is hereby
amended by adding the following definition in correct alphabetical
order:
Congregate Care Facilities: Facilities providing residential
care and services in community integrated settings to 40 or
more ambulatory adults, primarily persons 65 years of age or
older, who may require assistance with daily activities. Such
services include 24 hour supervision, room and board,
housekeeping, case management, recreation programs, medication
management, and, where necessary, provision or arrangement for
the provision of enhanced professional services such as
medical, nursing, physical therapy and other personal care
services. Congregate care facilities include Assisted Living
Program and Adult Care Facilities, run in accordance with New
York State requirements.
2. Schedule of Use Regulations:
Section 420.2 of the Zoning Law of the Town of Wappinger, the
Schedule of Use Regulations for non-residential districts, would be
amended by adding the following, as an "SPU" designated use to be
permitted by special permit in the GB (General Business) Zone:
45.1 Conversion of existing hotel/motel to Congregate Care
Facility
Such use would be permitted only in the GB zone, and marked "SPU"
to show that a special permit is required.
3. Supplementary use regulations:
Chapter 440 of the Town of wappinger Zoning Law, entitled,
"Individual Standards and Requirements for certain Special Permit
Uses" is hereby amended to add a new section as follows:
440.31 Conversion of existing hotel or motel to Congregate Care
Facility
440.31.1 The minimum "lot area" shall be one acre
440.31.2 No more than 2 residents shall be allowed to occupy
any room in a congregate care facility. Each room
in the facility shall have at least 200 square feet
of "gross floor area" including a bathroom. As
part of the special permit, the Planning Board may
permit the existing facility to be expanded by not
more than 19,000 square feet, provided all
applicable parking, septic and well requirements
are met. In no event shall the Floor Area Ratio
exceed 0.5.
440.31.3 The property must have frontage on and practical access
to a State Highway, to insure adequate service, emergency
vehicle and van access.
440.31 .4 Dutchess County Health Department approval for sewer and
water services shall be required prior to issuance of the
permit.
440.31.5 The facility to be converted must located in the GB -
General Business Zone, and be a lawfully existing hotel
or motel existing as of January 1, 1997.
440.31.6 The facility shall comply with all applicable New York
State requirements.
440.31.7 The facility must obtain site plan review and establish:
a. Provision of adequate parking to meet facility
needs. At least one parking space shall be
provided for every 3 beds in the facility.
However, the Planning Board may reduce permitted
parking to a level of not less than one space per
every 4 beds, upon submission of satisfactory proof
that such parking will be adequate to the needs of
the facility. Proof of the parking demands
generated over a period of 18 months of facilities
operation at a rate of at least 80% occupancy shall
be deemed adequate information upon which the
Planning Board can make the determination as to
whether or not to allow reduced parking. The
Planning Board may permit all or part of the
required off-street parking spaces to be located on
any lot within 1000 feet of the Congregate Care
Facility, if the Board determines it is impractical
to . provide parking on the same lot with the
facility, but in no event shall the parking for the
facility take place in a residential district.
b. Provision of adequate recreation facilities,
including indoor activity space.
C. Adequate access for ambulance and/or other
emergency services and deliveries.
4. Off -Street Parking Requirements:
Section 470.4, entitled "Schedule of Off -Street Parking
Requirements" is hereby amended by adding the following text to the
parking table:
"Use" Minimum off-street parking
Congregate Care Facility
SECTION IV. EFFECTIVE DATE
One space per every 3 beds, subject
to the provisions of section 440.31
This Local Law shall take effect immediately upon its filing with
the Secretary of State.
SECTION V. 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
persons or circumstances. It is hereby declared to be the
legislative intent that this ordinance 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.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
(Final adoption by local legislative body only.)
hereby certify that the local law annexed hereto, designated as local law No. # 1 of 19 98
•,f the QCbM3! nnkSXTown)0VMX) of WappinQer was duly passed by the
Town Board on January 26 19 98, in accordance with the applicable provisions of law.
ame o Legis atrve o y
(Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.) of 19
i hereby certify that the local law annexed hereto, designated as local law No. was duly passed by the
of the (County)(City)(Town)(Village) of _
on 19and was (approved)(nor disapproved)(repassed after
(Name of Legia alive otiy
disapproval) by the - and was deemed duly adopted on 19_
(Electwe ChieXecutive
in accordance with the applicable provisions of law.
3
(Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designof 19ated as local law No. was duly passed by t;�e
of the (County)(City)(Town)(Village) of
on 19and was (approved)(not disapproved)(rePass ed afte-
(Name of Legialative Body)
on 19_ Such local law was
disapproval) by the71
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the of firmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held or.
19 in accordance with the applicable provisions of law.
(Subject to permissive referendum and final adoption because no vnlid petition was filed reluesting
60 referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19was duly passed by the
of the (County)(City)(Town)(Village) of
on 19and was (approved)(not disapproved)(repassed after.
Name of Legialative Body
on 19_ Such local law was subject to
disapproval) by the
Elective Chief Executive Officer'
permissive referendum and no valid petition requesting such referendum was filed as of
19
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 chairman of the county lezislative body, the mayor of a city
or village, or the supervisor of a town where such officer is rested with the power to approve or veto local
la%vs or ordinances.
(2)
S. (City local law concerning Charte, .eyision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No, of 19
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 .
19_, 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 19
of the County of , State of New York, having been submitted to
the electors at the General Election of November ' 19 , pursuant to subdivisions 5 and 7 of
--ction 33 of the Municipal Home Rule Law, and having received the affirmative vote oFa majority of the
salified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns
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 appropritate 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 , above. wa�
ger FL�'iM:�'2�`.3 LIPF _ (Cy; own�T Sil36e ClerY
or officer desisnated by local legilsative body
ELAINE H SNOWDEV, TOWN CLERK
(Seal) Date:
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
ether authorized Attorney of locality.)
FATE OF NEW YORK
(-uUNTY OF DUTCHESS
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.
,Signa ure
ALBERT P. ROBERTS, ATTORNEY TO THE TOWN
Title
n of Wappinger
Tow
Date:
(3)