[HISTORY: Adopted by the Town Board of the Town of Rhinebeck: Art.
I, 11-27-1989 as L.L. No. 5-1989. Amendments
noted where applicable.]
[Adopted 11-27-1989 as L.L. No. 5-1989]
A.
The Comprehensive Plan of the Town of Rhinebeck states
that its primary housing goal is "to provide a variety of housing types to
meet the needs of all the residents of the community." In order to achieve
this objective, it is necessary to retain diversity in housing styles, prices
and tenures. This will help the community retain a diverse population, maintain
its socioeconomic balance and sustain a healthy economy.
B.
The Comprehensive Plan, which has been adopted by the
Town of Rhinebeck Planning Board, recommends that the Town implement zoning
changes that would increase local housing opportunities. The ECHO unit survey,
completed during 1988, indicated strong support for permitting families to
move their elderly parents into a small temporary home on their own property.
It is the intent and purpose of this Article to pursue a three-year
demonstration project to regulate the use of ECHO units through the issuance
of a special permit and an annual license in order to accomplish a Town Comprehensive
Plan objective by allowing the installation of small, removable homes, known
as "elder cottage housing opportunity (ECHO) units," on the same lots with
one-family dwellings as a permitted principal use. Specifically, this Article
is intended to:
A.
Permit adult children to provide small, temporary homes
for their aging parents who are in need of support, while maintaining as much
of the independence of the two generations as possible.
B.
Reduce the degree to which the elderly homeowners have
to choose between increasing isolation in their homes and institutionalization
in nursing homes.
C.
Encourage the continued development and use of small
homes, specifically designed and built for elderly people, which include such
features as easy adaptation to handicapped accessibility, safe exit features
and fire-resistant construction.
D.
Permit ECHO housing in a manner that protects the property
values and character of neighborhoods by ensuring that the units are compatible
with the neighborhood and are easily removable.
E.
Enable the elderly living in homes too large for their
needs to move to more appropriate housing and thereby make larger homes available
to house larger families.
A.
General guidelines.
(1)
During the demonstration period, the project shall be
limited to no more than 10 ECHO units throughout the Town.
(2)
The Town government will review, analyze and modify,
if necessary, the project on an annual basis.
(3)
The Town Board will contract with a nonprofit project
sponsor, to be known as the "administrative agency," to assist in the implementation
of this project.
B.
Residency.
(1)
Residency shall be determined in accordance with criteria
established by the Rhinebeck Town Board, and the administrative agency and
shall take into consideration age and mental and physical disabilities. In
particular, at the time the special permit is issued, at least one intended
occupant of the ECHO unit must be at least 62 years of age, and any other
occupant must be at least 55 years of age. Subsequently, if the occupant who
is 62 no longer occupies the ECHO unit and all other conditions continue to
apply, the permit may be renewed for the other occupant even if such person
is less than 62 years of age.
(2)
At least one resident of the ECHO unit must be related
by blood, marriage or adoption to one or more persons who maintain the principal
dwelling on the premises as his or her principal place of residence.
(3)
In no case shall there be more than two residents living
in an ECHO unit.
(4)
The special permit shall be issued to the owner of the
principal dwelling and lot.
C.
Construction. The unit shall be constructed in accordance
with all applicable laws, regulations, codes and ordinances, including the
New York State Uniform Fire Prevention and Building Code.
D.
Size of unit. The minimum floor area of an ECHO unit
shall be 300 square feet and the maximum floor area 800 square feet, and the
maximum height shall be one story.
G.
Access. All walkways from parking areas and from the
principal dwelling to the ECHO unit shall be suitable for wheelchair and stretcher
access. Pedestrian access must be provided to the ECHO unit without going
through the principal dwelling.
H.
Parking. In addition to the parking required for the
principal dwelling, one parking space for the ECHO unit shall be required.
I.
Number of dwelling units per lot. Only one ECHO unit
per lot shall be permitted. No special permit for an ECHO unit shall be issued
for a lot where the principal dwelling is other than a one-family dwelling
or where a permit for an accessory apartment is in force, except in the case
where the lot area is at least twice the minimum lot area for the zoning district,
as prescribed by the Town of Rhinebeck Zoning Law.[3]
[3]
Editor's Note: See Ch. A136, Zoning.
J.
Enclosure of underportion. The underportion of the ECHO
unit shall be properly enclosed with a compatible building material similar
in appearance to the exterior walls of the unit within 30 days of the siting
of the unit on the premises.
K.
Removability.
(1)
The unit shall be constructed so as to be easily removable.
(2)
The unit's foundation should be of easily removable
materials, such as timber pilings or cement block piers, so that the lot may
be restored to its original use and appearance after removal, with as little
expense as possible.
(3)
No permanent fencing, walls or other structures should
be installed that will hinder removal of the ECHO unit from the lot.
L.
Adequacy of infrastructure.
(1)
If the water supply is from a private source, the applicant
or his or her agent shall certify that the water supply is potable and of
adequate flow. Failure to promptly correct any water quality problems shall
result in the revocation of the special permit and license.
(2)
The applicant or his or her agent shall certify that
the sewage disposal system is adequate for the two units. Failure to promptly
correct any sewage system problem shall result in revocation of the special
permit and license.
(3)
No special permit shall be granted in any case where
the Dutchess County Health Department has determined that the water or sewage
system serving the principal dwelling is for any reason not capable of handling
the additional demand that the ECHO unit would impose on it.
Application to the administrative agency shall be made, and a letter
certifying eligibility must be issued by the agency. Application for a special
permit for an ECHO unit shall then be made to the Zoning Enforcement Officer
in accordance with the standards and procedures set forth in Section III of
the Zoning Law,[1] subject to the following additional provisions:
A.
Materials to assist the Planning Board in reviewing an
application for a special permit, as required by Section III of the Town of
Rhinebeck Zoning Law,[2] shall include:
(1)
The names of all owners of record of the principal dwelling
and lot.
(2)
The names of the proposed residents of the ECHO unit.
(3)
The relationship between the residents of the principal
dwelling and the residents of the ECHO unit.
(4)
A survey or other appropriate drawing or document showing
the location and size of the septic system and well and the structures on
the lot, both with and without the ECHO unit.
(5)
The applicant's letter of agreement for use, maintenance
and removal.
[2]
Editor's Note: See Ch. A136, Zoning.
B.
In determining whether to grant the application, the
Planning Board shall consider the following factors, in addition to those
described in Sections VI(A) and VI(B)(2) of the Town of Rhinebeck Zoning Law:[3]
(1)
Whether the use will be in harmony with and promote the
general purpose and intent of this Article.
(2)
Whether the use will maintain property values and encourage
the most appropriate uses of land.
(3)
Whether granting the application will cause an undue
concentration of ECHO units.
(4)
Whether the lot area is sufficient, appropriate and adequate
for the use, particularly with regard to septic system and water requirements.
(5)
Whether the application will be compatible with the Town
Comprehensive Plan.
[3]
Editor's Note: See Ch. A136, Zoning.
C.
Upon issuance of a special permit by the Planning Board,
a license may be granted for a period of one year by the Town Board. Thereafter,
upon receipt of certification of continued eligibility by the administrative
agency, the license may be renewed annually by the Town Board.
[1]
Editor's Note: See Ch. A136, Zoning.
A.
The special permit shall terminate 30 days after:
B.
During the thirty-day grace period, the ECHO unit shall
be removed and the site restored so that no visible evidence of the ECHO Unit
and its accessory elements remain. This procedure shall occur in accordance
with the licensing agreement and administrative agency's removal procedure.
C.
The Planning Board, upon a showing of extraordinary circumstances
making removal of the ECHO unit impractical during the thirty-day grace period,
may grant one extension of up to 30 days for removal of the ECHO unit.
A special permit for an ECHO unit may be revoked by the Planning Board
upon recommendation of the Zoning Enforcement Officer after notice and a hearing,
if:
A.
It shall reasonably appear to the Planning Board that
the ECHO unit is not in compliance with the applicable laws, rules, regulations,
codes or ordinances or that the conditions of the special permit are not satisfied;
or
B.
Any lawful inspection of the ECHO unit is refused or
prevented by the owner of the principal dwelling or the resident of the ECHO
unit.
To the extent that such are not minimum requirements established by
the Town of Rhinebeck Zoning Law,[1] the Town Board may waive any of the requirements
of this Article upon specific application and if warranted by the specific
characteristics of the particular structures and lot and circumstances of
the case, provided that such waiver will not adversely affect public health,
safety or welfare and that such waiver will be in harmony with and promote
the general purpose of this Article.
[1]
Editor's Note: See Ch. A136, Zoning.
