Town of Wawayanda, NY Article I Title, Scope, Effective Date and Purposes

§ 195-1 Enactment.

There is hereby established a zoning plan for the Town of Wawayanda, which plan is set forth in the text and map that constitute this Zoning Law.

§ 195-2 Intent.

[Amended 3-4-2021 by L.L. No. 2-2021]

It is the legislative intent of the Zoning Law to provide for the orderly and desirable development and use of land in accord with the recommendations of the 2018 Town of Wawayanda Comprehensive Plan. This chapter provides specifications, procedures and a precise plan designed to guide new development while improving, conserving or facilitating desirable change in existing portions of the Town. This chapter is enacted pursuant to the authority and power granted by Municipal Home Rule Law of the State of New York, Article 2, § 10 et seq., and Article 16 of the Town Law of the State of New York. This chapter will serve the purpose of protection and promoting the general welfare, which is intended to include the following:

A. The facilitation of the efficient and adequate provision of public facilities and services.

B. The conservation of the natural resources and rural character of the Town by encouraging development in the most appropriate location of the Town.

C. The stimulation of economic development to produce a more balanced, self-sustaining community with a broad tax base.

D. The encouragement of agriculture and the preservation of open space and to avoid regulating agricultural uses in a manner that unreasonably restricts or regulates farm structures or farming practices.

E. The prevention and reduction of traffic congestion and the provision of safe and adequate traffic access to uses generating large volumes of traffic.

F. The preservation of historic and natural features and the accommodation of new development in such a way as to maintain and enhance the desirable aesthetic qualities of the Town.

G. The provision of land use regulation that enables the Town to grow in appropriate areas while preserving its most natural, historic, architectural and cultural features.

H. The protection of water resources available to residents of the Town, principally aquifers and their recharge areas.

I. The assurance of adequate sites for residence, industry and commerce.

J. The enhancement of the Town's active and passive recreational resources, including nonvehicular access to existing recreational spaces as well as the encouragement of the provision of trails and linking of open spaces in the layout of new subdivisions.

K. The enhancement of the appearance of the Town of Wawayanda as a whole, including its open space and exurban environment.

L. The integration of different types of housing and different kinds of land uses in order to encourage social and economic interaction and pedestrian activity.

M. The regulation of building density in order to concentrate population in appropriate locations and to limit expansion of infrastructure in areas where increased growth is not encouraged by the plan.

N. The encouragement of flexibility in the design and development of land in such a way as to produce the most appropriate use of lands, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands.

O. The furthering of the policies, goals and recommendations of the Town of Wawayanda Comprehensive Plan.

§ 195-3 Applicability; compliance required.

No land use activity as listed below shall be commenced or carried out except in full compliance with this chapter. All other applicable permit(s) or approval(s) must have been issued by the appropriate Board, stating that the proposed building, structure, use of land or structure, or development activity complies with the provisions of this chapter.

A. Erection, re-erection, demolition or movement of a building or structure;

B. Change of the exterior structural dimensions of a building or structure;

C. Change in use of land, buildings or structures through the establishment of a new use, or through the expansion, conversion, enlargement or relocation of an existing use;

D. Establishment of or change in the dimensions of a parking area for nonresidential or multifamily residential uses;

E. Placement of a sign as regulated in § 195-36 of this chapter; or

F. Conversion of a seasonal use to a year-round use, including residential use.

§ 195-4 Exemptions.

A site plan or special use permit shall not be required for the following (however, a permit may be required):

A. Permitted signs listed in § 195-36E of this chapter;

B. Fences or walls complying with § 195-17A(6) of this chapter;

C. Interior alterations or routine maintenance and improvement that does not expand the exterior dimensions of the structure (e.g., window replacement, siding and roofing replacement, etc.);

[Amended 10-16-2012 by L.L. No. 1-2012]

D. Minor accessories such as posts, sidewalks, driveways, flagpoles, playground equipment, sheds, aboveground swimming pools two feet in depth or less (as per § 54-4B of the Code), etc.; patios and landscaping improvements, fences and walls complying with § 195-17;

E. The sale of products grown or raised on the land and the construction, alteration and maintenance of agricultural fences, roads, drainage systems, and farm ponds;

F. Each individual property location may have a maximum of five garage, yard, porch sales during any one calendar year. Each sale shall last a maximum of three consecutive days;

G. Agricultural uses;

H. Noncommercial outdoor recreation uses, except those that involve substantial physical improvements;

I. Any activity for which a permit has been obtained pursuant to a prior zoning law, or which did not require a permit under the prior zoning law, and for which substantial on-site work had been completed prior to the effective date of this chapter;

J. Construction of a new on-site sewage disposal system, or the replacement or major modification of any on-site sewage disposal system;

K. A single-family dwelling, except in the MC and TC Zones; and

L. Uses listed in the bulk tables permitted without site plan approval.