LL #09-2013Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
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.
El
County
City of Wappinger
Town
Village
Local Law No. 9
of the year 20 13
A local law entitled" Local Law No. 9 of the Year 2013 Amending Section 240-60A.
(Insert rnle;
of the Town of Wappinger Zoning Code",
Be it enacted by the Town Board of the
(Name ofLegistative Body)
❑ County
❑ City of Wappinger
M Town
O Village
(TEXT COMMENCES ON NEXT PAGE)
as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 05105) Page 1 of 3
LOCAL LAW NO.
A Local Law entitled "Local Law No.
of the Town of Wappinger Zoning Code."
OF THE YEAR 2013
of the Year 2013, Amending Section 240-60.A.
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title.
This Local Law shall be known and cited as Town of Wappinger "Local Law No. of
the Year 2013, Amending Section 240-60.A. of the Town of Wappinger Zoning Code".
Section H: Legislative Intent.
The Town Board has reviewed the provisions regarding "temporary housing
units" as contained in Zoning Code Section 240-60.A. and has determined that the
exclusion of mobile homes as temporary housing units is inappropriate. The definition of
"temporary housing unit or Elderly Cottage Housing Opportunity (ECHO)" specifically
defines such a unit as "...separate, detached or impermanently detached, temporary
dwelling unit..." which must, by its nature, be "mobile". Furthermore, Section 240-60.H.
requires that the temporary housing unit be removed within 90 days of the death or
permanent change of residence of the original occupant of the unit. The Town Board
hereby determines that the prohibition of a mobile home is totally inconsistent with the
stated intention and general provisions of Section 240.60 of the Zoning Code.
Section III: Amendment to the Code.
The following provision of the Town of Wappinger Zoning Code is hereby amended to read
as follows:
"§ 240-60. Temporary housing units (such as ECHO) incidental to permitted principal
use.
A. A temporary housing unit or an Elderly Cottage Housing Opportunity (ECHO)
consist of a separate, detached or impermanently attached, temporary dwelling unit,
C:Oocuments and Settings\CFulton\Local Settings\Temporary Internet Files\Content.Outlook\4SQ2T8A4\Local Law Amending 240-60 A .doe
containing its own cooking, sanitary and sleeping facilities, accessory and incidental to a
one -family dwelling. Such temporary housing units shall be only for the use of and
occupancy by not more than two elderly or disabled residents, one of whom must be over
60 years of age or unable to live independently because of mental or physical illness or
disability."
Section IV: 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 sections and
sub -sections of this Local Law may be re -numbered or re -lettered to accomplish such intention;
the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be
changed to "Chapter," "Section" or other appropriate word as required for codification; and any
such rearranging of the numbering and editing shall not effect the validity of this Local Law or
the provisions of the Code effected thereby.
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 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.
2
Section VI: Effective Date.
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
I. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 9 of 20 13 of
the QE 6XW)(TAWTown)(Atili of Wappinger was duly passed by the
Town Board on February 25, 20 13 y in accordance with the applicable
(Name of Legislative Body)
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 (County)(City)(Town)(Village) of was duly passed by the
(Name of Legislative Body) on 20 -and was (approved)(not approved)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20 __, in accordance w ith 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 20 of
the (County)(City)(Town)(Village) of was duly passed by the
(Name of Legislative Body) on 20 and was (approved)(not approved)
(repassed after disapproval) by the on 20
(Elective Chief Executive Officer*)
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 (County)(City)(Town)(Village) of was duly passed by the
(Name of Legislative Body) on 20 --y and was (approved)(not approved)
(repassed after disapproval) by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 y 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 -239 (Rev. 05/05) Page 2 of 3
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, and was finally adopted in the manner indicated in
pstagraph 1 above. -
Clerk of the county legislative body, City, Town or Village Clerk or
officer designated by local legislative body
(Sea!) Date:
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY 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.
Signature
Albert P. Roberts - Town Attorney
Title
ftof Wappinger
Town
vow
Date: 3/ 12
DOS -239 (Rev. 05/05) Page 3 of 3