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LL #05-2003oca LaW FZ6 ing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12331 (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. C010=y Town of__I�ia�pinger__ -- ---------------------------------------------- yjvjw ------ Local Law No. --------- X15________________________ of the year 20-_Q3_ A local law --- entitled_ -"Shed Amnest-y Law"-- -_ - (larenJirld ____________________________ -------------------------------- ------------------------------- Be it enacted by the ___Town_Board - ------------------------------------- (N-1 body) ------------------------- of the 9�;*Ofg-------------------------------------------- as follows: VRINje TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. I1 ,99) (1) LOCAL LAW NO. #5 OF THE YEAR 2003 TOWN OF WAPPINGER SHED AMNESTY LAW A Local Law entitled "Local Law No. X65 of the Year 2003, Shed Amnesty Law." 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 Town of Wappinger Local Law No. 9 of the Year 2003 entitled "Shed Amnesty Law" and by the adoption hereof shall create and add a new section under Article IV of Chapter 240 of the Code of the Town of Wappinger, specifically, "Chapter 240-16.1 `Shed Amnesty Law"'. Section TT: Legislative Intent and Purpose. The legislative intent and purpose of the Town Board is to adopt a new Article to the Zoning Code of the Town of Wappinger, which will permit, in certain circumstances, the issuance of a Certificate of Legal Non -Conformity for sheds erected in residential districts prior to January 1, 1997. The Town Board acknowledges that it has become commonplace for homeowner's to use pre -fabricated, pre -constructed sheds as means for providing additional storage for residential properties. Sheds have been commonly installed on residential properties since the late 1960s and it has come to the attention of the Town Board that the provisions of the Town's Zoning Ordinance and/ or Zoning Law have been inconsistently applied by the Town's O:\WAPPINGE\Town Board\LOCAL LAW\.4hed\Local Law 2003.doc FINAL 2 dated March 24. 2003 Zoning/ Building Department. Over the course of the last several decades, home purchasers and/ or homeowners seeking to refinance their homes are routinely required to obtain building and zoning compliance certifications by their lenders. In consequence of these requests, the Town Building Department conducts searches of properties, frequently finding that sheds have been constructed on residential properties without benefit of a Building Permit or Certificate of Occupancy. Many times, the sheds have been erected on property lines or within the setback requirements of the Zoning Law. Property owners routinely complain that they were advised by Town officials particularly in the 1970s, 1980s and early 1990s that no Building Permits or Certificates of Occupancy were required. Other times, installers of the sheds simply told unsuspecting homeowners that no such permits were required. Consequently, in order to bring the sheds into compliance, a substantial cost is incurred to have the sheds relocated or in the alternative application will have to be made to the Zoning Board of Appeals to obtain variances. The members of the Zoning Board of Appeals have notified the Town Board that as a result of the numerous mortgage refinancings which have occurred in recent years and in consequence of the building and zoning compliance investigations undertaken by the Town's Building Department, the Zoning Board of Appeals has been inundated with Applications for variances for sheds that were constructed and/or installed up to 30 years ago. Accordingly, it is the purpose of this Local Law to establish a procedure whereby O:\WAPP[NGE\Town Board\LOCAL LAW\.Shed\Local Law 2003.doc FINAL 2 dated March 24, 2003 residential property owners will be given an opportunity to register sheds constructed or erected prior to January 1, 1997 and, upon compliance of this Local Law, receive a Certificate of Legal Non -Conformity to be issued by the Building Inspector, Zoning Administrator or Fire Inspector. The Local Law also adopts a new Schedule of Dimensional Regulations — Residential Districts to implement the provision of this Local Law. Section III: The Town hereby creates and adopts a new Section under Article IV, Chapter 240 of the Code of the Town of Wappinger, specifically, Chapter 240 "Zoning", Article IV, Section 16.1 entitled "Shed Amnesty Law" as follows: "§ 240-16.1. Shed Amnesty. A. Applicability. (1) This Section shall apply only to the following types of sheds and small accessory structures constructed or erected prior to January 1, 1997, without benefit of a Building Permit and meeting the following criteria: a. Sheds and small accessory structures having a size of 100 square feet or less and that are: i. without electrical service; ii. not located in a front yard; and iii. not located in a water, sewer, storm sewer or other utility easement. O:\WAPPINGE\Town Board\LOCAL LAW\Shed\Local Law 2003.doc FINAL 2 dated March 24, 2003 W b. Sheds having a size from 101 square feet to 200 square feet or sheds with a size of 100 square feet or less with electrical service and that are: i. not located in a front yard; ii. not located in a water, sewer, storm sewer or other utility easement; and iii. located at least six (6) feet from the rear or side property line. B. Amnesty. Such sheds and small accessory structures shall be exempt from the side and rear setback requirements of the Zoning Code except as stated above and shall be eligible for a Certificate of Legal Non -Conformity issued by the Building Inspector, Zoning Administrator or Fire Inspector upon registration of the shed or small accessory structure with the Building Inspector and upon submission of the owner's certification as hereinafter provided. C. Registration of Sheds. Unless a valid Certificate of Occupancy exists for a shed or small accessory structure, as of the date of this Local Law, all property owners must register sheds with the Building Inspector on or before December 31, 2003 and apply for a Certificate of Legal Non -Conformity upon forms to be supplied by the Office of the Building Inspector. D. Owner Certification. Any residential owner who registers a shed erected prior to January 1, 1997 may obtain a Certificate of Legal Non -Conformity for said shed or small accessory structure upon submission of an owner's certification containing the following information: O:\WAPPINGE\Town Board\LOCAL LAW\Shed\Local Law 2003.doc FINAL 2 dated March 24, 2003 (1) a 3" by 5" color photograph of the shed or small accessory structure; (2) proof that the shed or small accessory structure was purchased and erected prior to January 1, 1997 or, in the absence thereof, execution of an Affidavit by the property owner and one other disinterested party attesting under the penalties of perjury that the shed had been erected and in place prior to January 1, 1997; (3) confirmation that the shed or small accessory structure is not located on a water, sewer, storm sewer or other utility easement; and (4) For those sheds or small accessory structures containing less than 100 square feet with electric service and for all sheds or small accessory structures between 101 and 200 feet certification that the shed is at least six (6) feet from the side and rear property line. (5) For all sheds with electrical service, submission of an electrical survey (Certificate of Compliance or equivalent) must be supplied by a third party Electrical Inspector approved by the Town Board. Note: it may be necessary to obtain a Building Permit for the purposes of obtaining the third party electrical survey. E. Certificate of Legal Non -Conformity. Upon registration of the shed or small accessory structure and the submission of an owner's certification, the property owner will be entitled to a Certificate of Legal Non -Conformity issued by the Building Inspector, Zoning Administrator or Fire Inspector indicating that the shed or small accessory structure is not in violation of any Building or Zoning Codes of the Town of Wappinger. E. Setback Requirements for Sheds Not Registered. Effective with the adoption of this Local Law, all setback requirements for sheds and small accessory structures constructed prior to January 1, 1997 but were not registered by December 31, 2003, and sheds and small accessory structures constructed after January 1, 1997, shall comply with the setback requirements set O:\WAPPINGE\Town Board\LOCAL LAW\Shed\Local Law 2003.doc FINAL 2 dated March 24. 2003 forth in the Schedule of Dimensional Regulations — Residential Districts. G. Enforcement; penalties. (1) This Section shall be enforced by the Building Inspector, Zoning Administrator or Fire Inspector of the Town of Wappinger. (2) Any person who fails to register a shed pursuant to this Article or who submits false information on a property owner's certification shall be subject to a fine of up to 5500." The Town of Wappinger Zoning Law, Schedule of Dimensional Regulations — Residential Districts, shall be amended as shown in the attached schedule. 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 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. O:\WAPPINGE\Town Board\LOCAL L A W\Shed\Local Uw 2003.doc FINAL 2 dated March 24, 2003 This Local Law shall become effective June 1, 2003 upon filing with the Secretary of State as provided by law. O:\WAPPINGE\Town Board\LOCAL LAW\.Shed\Local Law 2003.doc FINAL 2 dated March 24, 2043 Schedule of Dimensional Regulations Residential Districts Town of Wappinger District R-80 R40/801 R40 11-20/401 R-20 R-15 R-10 Minimum lot area (square feet, unless 80,000 R-211? 3 nosed) -- 4� X00 -- 20,000 15,000 10,000 15,000With public water and sewer public water or sewer -- 40,000Willi -'20,000 __60,000 :5a public water and sewer 30,000Without I lot width (feet) 80,000 s40,000Minimum See Note 1 125 See Note I 100 85 s200 Mininkun lot depth (feet) 60 85 200 See Note 1 125See Nnte I 125 100 80 lot frontage (feet) 50 tooMininuim ISO Maximum density units per acre 50 50 50 50 50 50 50 50 50 Minimum front yard (feet) from: County/state highway 75 Center lint of other sheet 75 75 7S 7S 75 75E 75 Front lot line of other street 50 75 75 75 60 6060 75 75 50 50 50 35 35 35 75 50 75 Minimum side yard (feel) 40 50 Accessory building <15 feet high 10 40 25 25 20 15 12 15 and <20) square feet Z 10 Ip IO 10 6 6 6 50 25 10 10 Minimum rear yard (feet) 50 Accessory buildin < g IS feet high 10 50 10 so 50 40 30 25 30 50 and <200 square feet 2 10 10 10 10 10 10 10 10 50 10 10 Maximum "Building Height' 2.5/35 2.5/35 2.5/35 (stories/feet) 2.5/35 2.5/35 2.5/35 2.5/35 2.5/35 3/35 3/35 Maximum lot coverage (percent) 10% 10%° Maximum Ooor arca ratio 0 1 12/° 12% 15% 20% 25% 20% ]730% q5% 0.1 0.1.NOTE: 0.15 0.2 025 03 .3 0.45 IT6.. . ••- tel— uislncts Is to allow the development at a higher density when public (or common) sewer and/or water supply is used. The following lot widths and yard requirements are required: Miniuurin Lot Area Minimum Lol Width Minimum Lot De lh S( uarc feet feet p D'Lninwm Frons Yard Minimum Side Yard feel ir—. Mininluin Rear Yard Notwithstanding the minimum side and rear yard setbacks set forth in this schedule, the minimum side and rear yard setbacks shall be six (6) feet for accessory buildings and sheds less than 100 square feet in area provided that, on any lot less than two (2) acres in area, there shall not be more than two (2) such accessory buildings within the minimum side or rear yard required for principal buildings. The minimum side and rear yard setback for any shed with electric service shall be ten (10) feet. See Section 240-16.1, Shed Amnesty, for sheds constricted prior to January I, 1997 and registered prior to December 31, 2003. t:WocrM004.1yineeez°ne-mendmcaisWuaschedulereildenild.ehedl°w.accepLlkb.doe N O (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. ______ �t ___________________ of the Town)( )( of ______W_aPpinger --- of 20Il3_. - -©w Board---------------------- on -- --------------------------------- was duly passed by thf (Name aJLegislarive Bodyi 442.8./_Q3---- 20 _ Q3 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 the (County)(Citv)(Town)(Village) of ______ -------------- of 20______ -------------------------------------------- was duly passed ---------'- ------ on __________________ 20 ---, and was (approved)(not approved)(repassed after the (Name -----dative Body) disapproval) by the (Elective ChiejExeetttive Officer•) ___ and was deemed duly adopted on ----------------- - _--_-__ in accordance with the applicable provisions of law. 20 ' 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ---------------------------------- of the (County)(Citv)(Town)(Village) of____________of 20 Name off ---------- ------------------------------- - - - - - - was duly passed by the ---- - -- - --------------------- - (.vcrne jcrgislativr Andy) on __________________ 20____ , and was (approved)(not approved)(repassed after disapproval) by the (Elective ChieJExecutive officer.) on ------------- 20----. Such local law was submitted to the people by reason of a (mandatorv)(permissive) referendum, and received the affirmative vote of a majorityof the qualified electors voting thereon at'the (general)(special)(annuaI) election held on __________________ accordance with the applicable provisions of law. —0.--- , in 4. (Subject to permissive referendum and final adoption because no valid petition was riled ed requestin g I hereby certify that the local law annexed hereto, designated as local law No. ______________ of the (County)(City)(Town)(Village) of - of 20______ '- ------------- was duly passed by the --------------------------------------------------- on _____________ _0____ , and was (approved)(not approved)(repassed after (Name nj Lrgislati ve Bodv/----- � disapproval) by the -------------------- - ---------------- 20 _ (ElrcriveChirjExecutiveOJficer•) on ------------------ -- Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of ____________ accordance with the applicable provisions of law. ------ 20.___ , in * 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. SEQR State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non -Significance Project Number: Date: This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Wappinger Town Board, as Lead Agency, has determined that the Proposed Action described below will not have a significant adverse effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Local Law Amending Town Code of the Town of Wappinger. SEQR Status: Type I X Unlisted Conditioned Negative Declaration: _ Yes X No Description of Action The Town Board of the Town of Wappinger has determined that the Town Code, Schedule of Dimensional Regulations — Residential Districts, should be amended and revised to establish less stringent setback requirements for accessory structures and sheds less than 100 square feet in area, and to allow issuance of Certificates of Compliance for properties with sheds constructed prior to January 1, 1997 without benefit of a building permit and possibly in violation of the minimum setback requirements for accessory structures. The law will eliminate an unnecessary burden upon homeowners and the Zoning Board of Appeals. Location: Town of Wappinger, Dutchess County SEQR Negative Declaration Page 2 Reasons Supporting This Determination: (See 617.7(c) for requirements of this determination; see 617.7(d) for Conditioned Negative Declaration) The Proposed Action will not have a significant adverse impact on the environment since any construction associated with the action would involve small accessory structures on single-family residential lots, which construction is a Type II exempt action in accordance with SEQR. Lead Agency: Town of Wappinger Town Board Town Hall, 20 Middlebush Road, P.O. Box 324 Wappingers Falls, New York 12590-0324 For Further Information: Contact Person: Joseph Ruggiero, Town Supervisor Address: Town Hall, 20 Middlebush Road, P.O. Box 324, Wappingers Falls, New York 12590-0324 Telephone Number: (845) 297-2744 Filing and Publication: This notice of a Type I Negative Declaration should be filed with: a. Supervisor of the Town of Wappinger b. Town of Wappinger Town Board Further, this Notice of Type I Negative Declaration shall be emailed to enb a gw.dec.state.ny for publication in the Environmental Notice Bulletin. j:\docs2\500\wappinger\zone amendments\prelim_plat.negdec.fom.lkb.doc 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 the City of ------------------------------ ---- of 20------ --------------------- 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-___________ became operative. _______ 20____ 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 elector; 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 cit- ies 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 in- dicated in paragraph_____ I ------ above. / (Seal) Clerk of tFw cotKh f gislative, dy, or officer designated by local;legisl ve ba GLORIA MORSEA Town le Date: Clerk (Certification to be executed by County Attorney, Corporation Counsel other authorized attorney of locality.) , Town Attorney, Village Attorney or STATE OF NEW YORK COUNTY OF nutrhacc 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. ALBERT P. ROBERTS Attorney Title � Js .' A Town of Wappinger Kk. Date: s 2003 (3)