Town of East Fishkill, NY Chapter 105 Fence and Shed Amnesty

[HISTORY: Adopted by the Town Board of the Town of East Fishkill 6-27-2019 by L.L. No. 6-2019. Amendments noted where applicable.]

§ 105-1 Legislative intent.

The Town Board of the Town of East Fishkill understands that despite acting in good faith, residents have erected sheds and fences in ways that do not comply with the Code of the Town of East Fishkill. This chapter shall allow residents, under the circumstances set forth herein, to legalize existing sheds and fences.

§ 105-2 Applicability.

This chapter shall apply only to the following types of sheds and fences constructed or erected on or prior to December 31, 2013, without benefit of a building permit, that meet the following criteria:

A. Sheds having a size of 144 square feet or less and that are:

(1) Without electrical service;

(2) Not located in a front yard;

(3) Not located in a water, sewer, storm sewer or other utility easement;

(4) Not located in a wetland, wetland buffer area, or floodplain; and

(5) A minimum of five feet from rear or side yard property lines; or

B. Sheds having a size greater than 144 square feet without electrical service or sheds less than 144 square feet with electrical service and that are:

(1) Not located in a front yard;

(2) Not located in a water, sewer, storm sewer or other utility easement;

(3) Not located in a wetland or wetland buffer area; and

(4) Located at least 10 feet from the rear or side property line; or

C. Fences that are:

(1) In good repair, which excludes fences with peeling or chipping paint or fences that are missing pieces;

(2) Level with grade and without any slanting;

(3) Contain fence panels that are securely fastened to fence posts;

(4) No larger than six feet in height;

(5) Not located in a front yard; and

(6) Not located in a wetland, wetland buffer area, or floodplain.

§ 105-3 Amnesty.

Such sheds and fences as described in § 105-2, Applicability, of this chapter shall be eligible for a certificate of legal nonconformity issued by the Building Department upon registration of the shed or fence with the Building Department and upon submission of the owner's certification as hereinafter provided.

§ 105-4 Registration.

Unless a valid certificate of occupancy exists for a shed or fence, as of the date of this chapter, all property owners must register the shed or fence with the Building Department on or before June 1, 2020, and apply for a certificate of legal nonconformity upon forms to be supplied by the Building Department. Each property owner may only register one shed per lot.

§ 105-5 Owner's certification.

Any owner who registers a shed or fence erected on or prior to December 31, 2013, may obtain a certificate of legal nonconformity for said shed or fence upon submission of an owner's certification containing the following information:

A. A photograph of the shed or fence;

B. Proof that the shed or fence was erected on or prior to December 31, 2013. Acceptable proof includes, but is not limited to, invoices or affidavits;

C. For all sheds with electrical service, a certificate of compliance or equivalent from a third-party electrical inspector approved by the Building Department; and

D. A survey completed by a licensed land surveyor or an owner's verification providing that the shed or fence complies with all requirements of this chapter. The approval is invalidated if neither of these is received.

§ 105-6 Certificate of legal nonconformity.

Upon registration of the shed or fence and submission of the owner's certification, the property owner shall be entitled to a certificate of legal nonconformity issued by the Building Department indicating that the shed or fence is not in violation of the Zoning Ordinance.[1]

[1] Editor's Note: See Ch. 194, Zoning.

§ 105-7 Requirements for sheds and fences not registered.

Effective with the adoption of this chapter, all requirements in the Zoning Ordinance[1] shall apply to sheds and fences constructed on or prior to December 31, 2013, that were not registered with the Building Department on or before June 1, 2020, pursuant to the requirements of this chapter.

[1] Editor's Note: See Ch. 194, Zoning.

§ 105-8 Enforcement; penalties.

Any violation of this chapter shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in Chapters 80 and 194 of the Town Code.

§ 105-9 Severability.

The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.