This article addresses general standards applicable in all zoning
districts as well as specific requirements for particular types of
uses.
A.
Off-street parking, loading and unloading facilities shall be provided
as necessary in connection with every use. One-family and two-family
residential uses shall be provided with two off-street parking spaces
per dwelling unit. Parking needs with respect to all other uses shall
be determined in conjunction with site plan review. The amount of
parking required shall be based on the following factors:
(1)
Industry studies of parking needs for the type of use proposed or
actual case-study comparisons for projects of similar character. The
Planning Board may require the developer or applicant to gather and
submit such data in support of its proposed parking provisions. The
National Parking Association and the Urban Land Institute are examples
of such industry sources.
(2)
The characteristics of the proposed customers, residents, occupants
or visitors to a given facility. Housing for the elderly would, for
example, require fewer spaces per dwelling unit than time-shared recreational
units, though the number of dwelling units might be the same.
(3)
The expected occupancy rates, traffic levels and numbers of employees
in connection with any enterprise and the degree to which these directly
relate to parking requirements.
(4)
Recommendations, if any, from other public agencies or information
sources which suggest, based on experience, the appropriate amount
of parking in connection with a given use.
(5)
The likelihood that parking will be shared with adjoining facilities,
the impact of daily peak visitation or use periods on demand and the
hours of operation as compared to other neighborhood activities.
(6)
Where industry standards are inadequate for the particular use or
site involved or such standards are unavailable, the following standards
shall be applied by the Planning Board or the Building Inspector,
as the case may be:
[Amended 3-4-2021 by L.L. No. 2-2021]
|
Use
|
Number of Spaces
|
|---|---|
|
Home occupations
|
1 per 100 square feet of floor area devoted to use
|
|
Hotels/motels
|
1 per rental room
|
|
Industrial uses
|
1 per 400 square feet of floor area
|
|
Commercial uses
|
1 per 250 square feet of floor area
|
|
Places of public assembly
|
1 per 5 seats
|
|
Offices
|
1 per 300 square feet of floor area
|
|
Restaurants
|
1 per 50 square feet of floor area
|
|
Senior housing
|
1.5 per dwelling unit
|
|
Multifamily
|
1 per bedroom in each dwelling unit, plus 20% additional spaces
for visitor parking. The 20% additional visitor parking can be land
banked with Planning Board approval.
|
|
Vehicle service establishments
|
4 plus 1 per employee
|
B.
The minimum parking space size shall be nine feet by 19 feet.
C.
Any lighting used to illuminate any off-street parking shall be so
arranged as to reflect the light away from adjoining premises and
public rights-of-way.
D.
All parking areas which are designed to accommodate 12 or more vehicles shall be landscaped using materials of sufficient growth and height to aesthetically balance the impact of the open paved area and provide effective stormwater control (see § 195-20). The following are guideline standards the Planning Board may apply:
(1)
No more than 12 parking spaces should be allowed in a continuous
row uninterrupted by landscaping. This requirement may be waived,
at the discretion of the Planning Board, to achieve a superior design.
(2)
No parking areas should be designed such that a vehicle might directly
back out onto a public highway or through road within the development.
Traffic flows through a parking area should be minimized and limited
to connections from one lot to another and to the public highway or
through road.
(3)
Where appropriate, parking areas should generally be located in the
rear or side of any use with the principal building situated near
the front lot line, as permitted by the Schedule of District Regulations.
However, limited parking may be allowed in the front, providing landscaping
and setback requirements are met. This is for the purpose of maintaining
the continuity of the building line along any highway and avoiding
the effective merger of parking areas along a highway into one mass
of pavement where entrances and exits become difficult to identify.
E.
Any building erected, converted or enlarged for commercial, office,
manufacturing, wholesale, institutional or similar uses shall, in
addition to the off-street parking space required above, provide adequate
off-street areas for loading and unloading of vehicles. Public rights-of-way
shall, under no circumstance, be used for loading or unloading of
materials. The minimum size loading space shall be 60 feet in depth
and 12 feet in width, with an overhead clearance of 14 feet.
F.
Access to and from all nonresidential off-street parking, loading
and vehicle service areas along public rights-of-way shall consist
of well-defined separate or common entrances and exits and shall comply
with the following provisions:
(1)
Access drives shall not open upon any public right-of-way within
80 feet of the nearest right-of-way line of any intersecting public
street or highway or where the sight distance in either direction
would be less than 200 feet. Access drives onto state highways shall
be subject to New York Department of Transportation standards.
(2)
There shall be no more than one entrance and one exit to any business
or commercial use parking area on any one highway unless safety or
other considerations should demand it. Each entrance and exit shall
be clearly defined with curbing, fencing or vegetative screening so
as to prevent access to the area from other than the defined entrance
and exit. In no case shall one entrance and exit be located within
80 feet of any other on the same property or adjoining property along
the same public right-of-way. Previously developed nonconforming lots,
however, may be exempted from this requirement.
(3)
All access drives shall be subject to the requirement of obtaining
a road occupancy or street encroachment permit from the Town of Wawayanda
Highway Superintendent, the Orange County Department of Public Works
or the New York State Department of Transportation, as the case may
be, and approval of any permits hereunder may be conditioned upon
the application for and/or receipt of such permits from these authorities.
(4)
No use shall be permitted which requires year-round access from a
Town highway which has been designated by the Town of Wawayanda Town
Board as a low-volume or minimum-maintenance seasonal highway pursuant
to § 205-a of the New York State Highway Law.
G.
All nonresidential parking and loading areas and parallel circulation
and service lanes shall be separated from the paving edge of a public
thoroughfare or adjoining property lines by a planting strip at least
20 feet in depth, landscaped according to standards provided herein
for such landscaping.
H.
Traffic impact study.
(1)
The Planning Board, at its discretion, may require a traffic impact
study with any site plan or special use application. Traffic studies
may be based on the Institute of Transportation Engineers' trip generation
rate or other acceptable industry standards.
(2)
The study shall examine existing and projected traffic flows before
and after development and generally follow the guidelines set forth
for such studies by the Institute of Transportation Engineers. Its
purpose shall be to ensure that proposed developments do not adversely
affect the transportation network and to identify any traffic problems
associated with access to the site from the network. It shall identify
solutions to potential problems and any improvements needed. The scope
of the study shall be approved in advance by the Planning Board, with
the final product incorporated in the SEQR submission.
I.
The Planning Board, in the course of site plan/special use review,
may require sidewalks as an element of a site development plan, when
sidewalks are found to serve the needs of the community and health,
safety and welfare of the public.
There is hereby created a special zoning district, the boundaries of which shall be congruent with those areas identified as special flood hazard areas on the flood hazard boundary maps for the Town of Wawayanda, as issued by the Federal Insurance Administration or its successor. This district shall be an overlay zone within which the normal provisions of the zoning districts as mapped on the Official Zoning Map shall apply, except that no development shall be permitted which does not comply with the provisions of the Town of Wawayanda Flood Damage Prevention Law of 1987, Chapter 92 of the Town of Wawayanda Code, as amended.
Home occupations are defined as any occupation or business activity
that occurs within structures or on property where the primary land
use is residential and where the occupation, business or commercial
activity is clearly incidental to such residential use. Such uses
may include, but not be limited to, professional occupations, antique
and craft shops, artisan activities, personal service shops and other
related types of businesses.
A.
All home occupations, as defined above, that comply with the following
requirements are considered minimal impact home occupations and are
allowed accessory uses to a residential dwelling pursuant to a permit
issued by the Building Department:
(1)
No employees working on the premises other than family members residing
thereon;
(2)
No additional parking required;
(3)
No outside storage of equipment, vehicles or materials used in the
business other than an automobile for personal transportation;
(4)
No regular traffic to the site for other than mail services, occasional
deliveries and client/customer visits. Such mail services, deliveries
or client/customer visits shall occur no more than three times per
week; and
(5)
No more than one sign, nonilluminated and not to exceed two square
feet in area, shall be allowed.
(6)
A
permit from the Building Department is required. The permit will be
valid for five years and is renewable for successive five-year periods,
provided that the home occupation is in compliance with all applicable
requirements.
[Added 3-4-2021 by L.L. No. 2-2021]
B.
All home occupations, as defined above, that comply with the following
requirements are allowed accessory uses to a residential dwelling
but only pursuant to a special use permit issued by the Planning Board:
(1)
The off-premises impact of noise, vibration, smoke, dust, electrical
disturbance, odors, heat, or glare shall be no greater than that produced
by a typical single-family residence in the neighborhood.
(2)
Traffic generated shall not be in greater volume than would normally
be expected in the neighborhood.
(3)
Parking shall be provided off street and shall not be located within
the front setback area unless it is screened from public roads, and
no more than a total of six parking spaces shall be allowed for both
the residence and the home occupation.
(4)
One nonilluminated identification sign no larger than two square
feet in size may be attached to the principal structure.
(5)
In cases where the principal structure is obscured from the frontage
road or street or the structure is set back more than 50 feet from
the property line, a nonilluminated ground sign, not to exceed two
square feet, may be placed 10 feet from the front boundary line of
the property.
(6)
No more than three employees or co-owners in addition to the inhabitants
of the residence are employed or work at the home occupation site.
(7)
Less than 35% or 1,000 square feet, whichever is less, of the gross
area of the residence is devoted to the home occupation or, if located
in a barn, garage or other outbuilding, the total area of the home
occupation is less than 2,500 square feet.
(8)
The external appearance of the residential dwelling and/or accessory
structure shall not be altered in any manner that changes its residential
appearance.
(9)
The home occupation shall be compatible with the surrounding neighborhood,
shall not attract undue attention to the occupation or business, shall
not adversely affect the appearance, character or environmental conditions
of such neighborhood, and shall not adversely affect adjacent residential
properties.
(10)
The general criteria applicable for all special use permits as set forth in Article VII below are met.
(11)
A permit from the Building Department is required. Permits shall
be valid for five years and are renewable for successive five-year
periods, provided that the home occupation is in compliance with all
applicable requirements, including any special use permit conditions.
[Added 3-4-2021 by L.L. No. 2-2021]
C.
No home occupation, having once been permitted or otherwise legally
established, shall be added to, expanded, enlarged or otherwise increased
or materially changed in character without complying with this chapter.
Such permit or establishment shall not, under any circumstances, be
a basis for establishment of a principal commercial or business use.
D.
Once the principal residential use is abandoned or the residence
is unoccupied for residential purposes, the home occupation use shall
automatically cease.
[Amended 10-16-2012 by L.L. No. 1-2012]
The Town of Wawayanda recognizes the need to provide additional
dwelling units on residential lots for family as well as to provide
affordable housing. As such, apartments accessory to a single-family
dwelling are allowed with certain limitations in order to ensure it
being always accessory or subordinate to the principal single-family
residence and nonintrusive to a residential area. Accessory apartments
are only permitted with a special use permit from the Planning Board.
An accessory apartment may be located in an accessory structure or
a principal structure, provided that the following conditions are
met. A minimum of two acres in the AR, AB, AP, SR Hamlet and RH Zones.
A.
In single-family dwellings.
(1)
Only one accessory apartment shall be allowed in any single-family
dwelling, and only one accessory apartment shall be allowed on any
single-family residential lot.
(2)
The total square footage of the accessory apartment shall not exceed
50% of the total square footage of the single-family dwelling. In
no case shall the total square footage of the accessory apartment
exceed a maximum of 900 square feet of living area or be less than
a minimum of 400 square feet.
(3)
A one-bedroom unit is allowed in single-family dwellings as an accessory
apartment on a minimum of two acres.
(4)
Adequate water, sewer and off-street parking must be provided and
approved to the satisfaction of the Town Engineer.
(5)
Either the accessory apartment or single-family dwelling must be
owner-occupied.
(6)
Accessory apartments must meet New York State Uniform Fire Prevention
and Building Codes.
B.
In accessory structure to single-family dwelling.
(1)
Only one accessory apartment shall be allowed in any accessory structure,
and only one accessory apartment shall be allowed on any single-family
residential lot.
(2)
The total square footage of the accessory apartment shall not exceed
900 square feet of living area or be less than a minimum of 400 square
feet.
(3)
A one-bedroom unit is allowed in accessory structures as an accessory
apartment on a minimum of two acres.
(4)
Adequate water, sewer and off-street parking must be provided and
approved to the satisfaction of the Town Engineer.
(5)
Either the accessory apartment or the single-family dwelling must
be owner-occupied.
(6)
A mobile home, manufactured home or trailer shall not be used as
an accessory structure.
(7)
Accessory apartments must meet New York State Uniform Fire Prevention
and Building Codes.
C.
Accessory structures on lots larger than five acres.
(1)
Only one accessory apartment shall be allowed in any accessory structure,
and only one accessory apartment shall be allowed on any single-family
residential lot.
(2)
The total square footage of the accessory apartment shall not exceed
900 square feet of living area or be less than a minimum of 400 square
feet.
(3)
One two-bedroom unit is allowed in accessory structures as an accessory
apartment on a minimum of five acres.
(4)
Adequate water, sewer and off-street parking must be provided and
approved to the satisfaction of the Town Engineer.
(5)
Neither the accessory apartment nor the single-family dwelling must
be owner-occupied.
(6)
A mobile home, manufactured home or trailer shall not be used as
an accessory structure.
(7)
Accessory apartments must meet New York State Uniform Fire Prevention
and Building Codes.
Wherever commercial, manufacturing or other nonresidential uses
or improvements and changes to such uses, with the exception of agricultural
activities and home occupations, are proposed, the following performance
standards shall apply. The Building Inspector/Code Enforcement Officer
shall ensure these standards are met prior to issuing certificates
of occupancy for such uses and may require the applicant(s) to provide
documentation of compliance.
A.
Where a commercial or manufacturing use is contiguous to an existing
residential use in any district (including those situated on the opposite
side of a highway) or any approved residential lot in a residential
district, the Planning Board may require that the minimum front, side
and rear yards be increased by up to 50%. The Board may also require,
for purposes of separating incompatible activities or shielding the
residence from negative impacts, that a buffer consisting of a solid
fence of wood and/or a twenty-foot-wide dense evergreen planting not
less than six feet high be maintained unless the properties are in
the same ownership or the full width of the yard is already wooded.
See also the landscaping standards contained herein.
B.
All activities involving the manufacturing, production, storage,
transfer or disposal of inflammable and explosive materials shall
be provided with adequate safety devices against the hazard of fire
and explosion. Fire-fighting and fire-suppression equipment and devices
shall be provided pursuant to the Fire Code of New York State. Burning
of waste materials in open fires is prohibited. Details of the potential
hazards and planned safety and accident response actions shall be
provided by the applicant, and the Planning Board may require greater
front, side and rear yards and/or fencing.
C.
No activities shall be permitted which emit dangerous radioactivity
or electrical disturbance adversely affecting the operation of any
equipment other than that of the creator of such disturbance.
D.
Noise shall not exceed an intensity of 65 decibels as measured at
the boundaries of the lot where such use is situated.
[Amended 3-4-2021 by L.L. No. 2-2021]
E.
No vibration shall be permitted on a regular or continuing basis
which is detectable without instruments at the property line.
F.
Lighting.
(1)
All lighting shall be designed so as to avoid unnecessary or unsafe
spillover of light and glare onto operators of motor vehicles, pedestrians
and land uses in proximity to the light source.
(2)
Maximum illumination permitted at a property line shall be 0.5 footcandle.
(3)
Generally there will be a maximum limit of five footcandles of light
at any location on the site.
(4)
No direct or sky-reflected glare, whether from floodlights or from
high-temperature processes such as combustion or welding or other
sources, so as to be visible at the property line on a regular or
continuing basis, shall be permitted.
G.
No emission of fly ash, dust, fumes, vapors, gases and other forms
of air pollution shall be permitted on a regular or continuing basis
which can cause any damage to health, animals, vegetation or other
forms of property or which can cause any excessive soiling.
H.
All activities involving the possible contamination of surface water
or groundwater shall be provided with adequate safety devices to prevent
such contamination. Details of the potential hazards (including the
groundwater characteristics of the area in which the use is proposed)
and planned safety devices and contamination response actions shall
be provided by the developer.
I.
Whenever a vehicle and equipment sales, mechanical and body repair
use is proposed, the following additional performance standards shall
apply:
(1)
All mechanical and body repair work shall be performed within buildings.
(2)
All automobile or vehicle parts, new or used, shall be stored within
buildings.
(3)
Vehicles which are temporarily on the property awaiting to be repaired
shall be stored in an area which meets the minimum yard and buffer
requirements applicable for the district and the use.
J.
The visual impacts of tanks, cupolas, vents, etc., and outdoor storage
shall be considered during the site plan/special use review process.
The Planning Board shall assure that adverse visual impacts are adequately
mitigated. The facade of buildings and structures in industrial uses
shall be compatible with adjacent development and shall be fully landscaped
in accordance with the requirements that are contained herein.
A.
Purpose. The following standards are intended to enhance the appearance
and natural beauty of the Town and to protect property values through
preservation and planting of vegetation, screening and landscaping
material. Specifically, these standards are intended to enhance the
appearance of major travel corridors and business areas; to reduce
excessive heat, glare and accumulation of dust; to provide privacy
from noise and visual intrusion; and to prevent the erosion of the
soil, excessive stormwater runoff and the consequent depletion of
the groundwater table and the pollution of water bodies.
B.
General requirements. The following provisions shall apply to any
use in all zoning districts:
(1)
All lots shall be graded and seeded and all other applicable requirements
of these landscaping regulations imposed by the Planning Board shall
be fully met prior to the Building Inspector/Code Enforcement Officer
granting a certificate of occupancy for a new building or use subject
to these regulations. An irrevocable letter of credit or cash bond
shall be posted in an amount sufficient to cover the cost of such
grading and seeding when the applicant cannot perform this work due
to seasonal impracticalities.
(2)
Landscaping, trees and plants required by these regulations shall
be planted in a growing condition according to accepted horticultural
practices, and they shall be maintained in a healthy growing condition.
Any landscaping, trees and plants which are in a condition that does
not fulfill the intent of these regulations shall be replaced by the
property owner during the next planting season. An irrevocable letter
of credit or cash bond shall be posted in an amount sufficient to
cover the cost of such landscaping when the applicant cannot perform
this work due to seasonal impracticalities.
(3)
A screening fence or wall required by these regulations shall be
maintained by the property owner in good condition throughout the
period of the use of the lot, subject to the following conditions:
Any land that is or has been designated or required to be a screening
area, buffer area or paved area pursuant to an approval by the Town
Board, Planning Board or Zoning Board of Appeals of any grant of an
application for a change of zone, variance, special permit, subdivision
or site plan approval or which is required by ordinance or local law
must be maintained by the owner of the property or any of the owners,
successors in the interest or assignees.
(4)
Where required by the Planning Board, all landscaping, trees and
planting material adjacent to parking areas, loading areas or driveways
shall be protected by barriers, curbs or other means from damage by
vehicles and from stormwater runoff.
(5)
The preservation of mature shade trees, ridgelines, vegetation and
unique site features, such as stone walls, shall be required to the
maximum practical extent. These, however, may be used to meet requirements
of this section, provided the Building Inspector/Code Enforcement
Officer or Planning Board, as the case may be, determines the purpose
of this section is achieved.
(6)
Where lot size and shape or existing structures make it infeasible
to comply with the requirements for a front landscaped area or landscaped
parking area, the Planning Board may approve planters, plant boxes
or pots containing trees, shrubs and/or flowers to comply with the
intent of these regulations.
(7)
Buffer area.
(a)
A buffer area shall be required along all boundaries of a nonresidentially
zoned or utilized lot abutting any lot in a residential district.
The regulations shall also apply when the nonresidentially zoned lot
and the lot in the residential district are separated by a road. Such
buffer area shall be located within the boundaries of the subject
property or owned or controlled by the same property. The minimum
width of buffer areas shall be as follows:
[1]
Hamlet District: 10 feet.
[2]
Town Commercial District: 20 feet.
[3]
Highway Commercial District: 30 feet.
[4]
Mixed Commercial District: 50 feet.
[5]
Any district other than a residential district adjoining land
owned or maintained by New York State, Orange County or the Town of
Wawayanda that has current or potential use as parkland: 25 feet.
(b)
The buffer area nearest the residential district shall be planted
with shrubs, trees and other plantings acceptable to the Planning
Board and having a uniform height of not less than five feet above
the ground at the time of planting and set a distance suitable for
the proper maturation of such planting and shall be properly maintained
to afford an effective screen between the two districts. A landscaped
earthen berm, wall or fence of location, height, design and materials
approved by the Planning Board may be required for any portion of
the required planting and/or buffer area. Where the existing topography
and/or landscaping provides adequate screening, the Planning Board
may accept the existing planting and/or buffer area as the required
planting. The Planning Board may also require an increase or permit
a decrease in these requirements if the Board believes that said variation
will better accomplish the objectives of this section.
C.
Front landscaped area. A front landscaped area shall be required
for all uses in all zoning districts. The required landscaped area
shall be covered with grass and other appropriate trees and shrubs
unless maintained in the existing natural cover.
(1)
Nonresidential uses.
(a)
As a minimum, for all nonresidential uses, one shade tree having
a minimum caliper of 2 1/2 inches measured four feet from the
base shall be planted within the front landscaped area for each 40
feet or fraction thereof of lot frontage.
(b)
In the Hamlet District, a landscaped strip shall be provided
a minimum depth of 10 feet contiguous to the front lot line of the
property.
(c)
In districts other than the Hamlet District, a landscaped strip
shall be provided a minimum depth of 20 feet contiguous to the front
lot line of the property.
(2)
Residential uses. A landscaped area at least five feet wide abutting
the front of the principal building shall be provided unless the existing
natural vegetation is maintained between the building and the road
to an equal depth. The purpose of the landscaping is to enhance the
appearance of the use on the lot but not necessarily to screen the
use from view.
D.
Landscaped parking area. In addition to front yard landscape areas
and buffer area requirements, parking areas shall comply with the
following minimum standards:
(1)
All uses required to provide 20 or more off-street parking spaces
shall have at least 10 square feet of interior landscaping within
the paved portion of the parking area for each parking space and at
least one tree with a minimum two-and-one-half-inch caliper for every
10 parking spaces or fraction thereof.
(2)
Each separate landscaped area shall contain a minimum of 100 square
feet, shall be planted with grass or shrubs, and shall include at
least one tree of not less than two-and-one-half-inch caliper.
(3)
A landscaped area shall be provided along the perimeter of any parking
area except that portion of the parking area which provides access.
E.
Planning. The Planning Board may require a landscape plan be prepared
as part of any site plan/special use or site plan application. Such
a plan may also be required whenever any nonresidential use is proposed
in any district so as to buffer parking areas and buildings from the
highway, each other and other uses. Where it is determined that a
proposed use would not have a significant impact on the natural environment,
adjoining landowners or the view from a public highway, these requirements
may be appropriately modified by the Planning Board. The landscape
plan, if required, shall specify locations of all mature shade trees
or other species of six-inch caliper or greater and indicate existing
vegetation to be removed or preserved. It shall demonstrate how building
materials, colors and textures will be blended with the natural and
man-made landscape. It shall also include visual depictions of the
proposed landscape from the perspective of persons who will view the
site from the highway or adjoining properties. Specific locations,
varieties, sizes, winter hardiness, and schedules for all proposed
plantings shall also be provided as part of the plan. The Planning
Board, in reviewing a landscape plan, may employ the assistance of
design professionals. The Planning Board shall also specifically consider
the following before approving, approving with modifications or disapproving
the special use:
(1)
The plan should promote attractive development, preserve existing
vegetation to the maximum extent possible, enhance the appearance
of the property and complement the character of the surrounding area.
(2)
The plan should use landscaping to delineate or define vehicular
and pedestrian ways and open space.
(3)
The plant material selected should be of complementary character
to buildings, structures and native plant species and be of sufficient
size and quality to accomplish its intended purposes.
(4)
The plan should effectively buffer the activity from adjoining land
uses as may be necessary and soften the impact of other site development
as contrasted with the natural environment.
(5)
The plan should be realistic in terms of maintenance and use materials
which, as a minimum, are winter hardy to Zone 4.
A.
Purpose and intent. The purpose and intent of this section is to
assist in the preservation of public health, general welfare, and
safety of the residents of the Town of Wawayanda and to facilitate
the adequate provision of water through the elimination or prevention
of groundwater contamination in the vicinity of well(s) that supply
public water.
B.
Scope and applicability.
(1)
Two different zoning districts are hereby created to overlay other
existing zones as shown on the Zoning Map. One will protect the area
immediately surrounding the water supply itself. This will be known
as the Water Supply Protection Overlay Zone (W-1). The other will
protect the larger watershed area feeding the water supply source.
This will be known as the Watershed Protection Overlay Zone (W-2).
Any uses not permitted in the underlying zones shall not be permitted
in either overlay zone. Any uses permitted in the underlying zones
shall also be permitted in the overlay zones, except where the overlay
zones prohibit or impose greater or additional restrictions and requirements.
In any cases where conflicts arise between these requirements and
any other existing regulations, the more restrictive regulations shall
apply. Any proposed use or any alteration, reconstruction or structural
change of a nonconforming use or activity wholly or partially within
either of the overlay zones shall, to the extent such activities are
subject to specific additional requirements of this section, be required
to secure site plan/special use approval by the Planning Board prior
to the issuance of a building permit or a certificate of occupancy
by the Building Inspector. Special use approval shall also be obtained
from the Planning Board for any proposed use or activity that removes
1,000 gallons per day or more from the aquifer within the W-1 Overlay
Zone. Applicants proposing a use in either overlay zone that requires
site plan/special use approval shall include the following in a site
plan:
(a)
Map(s), plan(s) and a narrative report completed by an engineer
licensed to practice in the State of New York which details the location
of the premises and all features of the system necessary for the satisfactory
conveyance, storage, distribution, use and disposal of stormwater,
process wastes, wastewater, petroleum, hazardous substances and wastes,
solid waste, and incidental wastes.
(b)
A description of the means of water supply. For uses involving
withdrawal of groundwater, an estimate of the total daily withdrawal
rate.
(c)
A complete list, including an estimate of the volume in pounds
dry weight and liquid gallons, of all petroleum, chemicals, pesticides,
fuels and other hazardous substances/wastes to be used, generated
and stored on the premises.
(d)
A description of proposed measures as required herein to protect
all storage containers or facilities associated with such materials
from vandalism, accidental damage, corrosion and leakage.
(e)
A description of the procedures for containing and cleaning
up a spill of hazardous substances/waste and notifying the Town of
Wawayanda and other appropriate local and state officials of a spill,
leak or other discharge.
(f)
A description of proposed storage facilities for hazardous wastes
and provisions for the disposal of these wastes by licensed waste
haulers.
(2)
The Planning Board, in reviewing the proposed site plan/special use
application, shall ensure, as an additional review criteria, that
it affords adequate protection to prevent contamination and depletion
of the groundwater resources within the overlay zones. In making such
determination, the Planning Board shall give consideration to the
simplicity, reliability and feasibility of the control measures proposed
and the degree of threat to water quality and quantity which would
result if the control measures failed. In addition, the proposed use
must comply with all requirements and standards for the proposed use
in the overlay zones. The Planning Board may also require changes
or additions to the site plan as a condition of approval to safeguard
groundwater resources. No building permit and no certificate of occupancy
shall be issued unless and until such conditions have been fully met
or performed. All improvements to the site shall be completed in strict
conformance with the site plan as approved.
C.
Water supply protection overlay zones. There are hereby established
within the Town of Wawayanda two water supply protection overlay zones.
These zones are delineated on a map titled "Water Supply — Watershed
Protection Overlay Map," annexed to this chapter[1] and on file in the Town Clerk's office. These zones are
described as follows:
[Amended 3-4-2021 by L.L. No. 2-2021]
(1)
Water Supply Protection Overlay Zone (W-1 Overlay Zone). This zone
generally consists of the consolidated or unconsolidated groundwater
aquifer dedicated to municipal water supply and the immediate, contiguous
areas which drain directly into the aquifer area.
(2)
Watershed Protection Overlay Zone (W-2 Overlay Zone). This zone generally
consists of the remaining land that contributes surface water runoff
to the aquifer and the W-1 Overlay Zone.
[1]
Editor's Note:
D.
ANIMAL UNIT
AQUIFER
BULK STORAGE
CONTAMINATION
DEICING CHLORIDE SALT
DISPOSAL
FERTILIZERS
HAZARDOUS SUBSTANCE
(1)
(2)
(3)
HAZARDOUS WASTE
HERBICIDES
IMPERVIOUS SURFACE
INFILTRATION BASIN
ON-SITE CONSUMPTION
PESTICIDE
RADIOACTIVE MATERIAL
SECONDARY CONTAINMENT
SEPTAGE
SLUDGE
SOLID WASTE
SPILL
SURFACE WATER BODY
UNDERGROUND STORAGE
WASTEWATER
Definitions. The following special definitions shall apply to activities
in either of the overlay zones.
One slaughter or feeder cow, 1.43 dairy cows, or 0.4 swine.
A geologic formation, group of formations, or part of a formation
that contains sufficient saturated permeable material to yield adequate
quantities of groundwater to wells.
Materials stored in large quantities which are usually dispensed
in smaller units for use or consumption.
The degradation of natural water quality as a result of human
activities to the extent that its usefulness is impaired.
Any bulk quantities of chloride compounds and other deicing
compounds intended for application to roads, including mixtures of
sand and chloride compounds in any proportion where the chloride compounds
constitute over 8% of the mixture. "Bulk quantity of chloride compounds"
means any quantity, but does not include any chloride compounds in
a solid form which are packaged in waterproof bags or containers which
do not exceed 100 pounds each.
The discharge, deposit, injection, dumping, spilling, leaking
or release by any other means of a substance to the surface or subsurface
of the ground, surface waters, or groundwater.
Any commercially produced mixture generally containing phosphorous,
nitrogen and potassium which is applied to the ground to increase
nutrients from plants.
Any substance listed as a hazardous substance in 6 NYCRR
Part 597, Hazardous Substance List, or a mixture thereof. In general,
a hazardous substance means any substance which:
Because of its quantity, concentration, or physical, chemical
or infectious characteristics poses a significant hazard to human
health or safety if improperly treated, stored, transported, disposed
of, or otherwise managed;
Poses a present or potential hazard to the environment when
improperly treated, stored, transported, disposed of, or otherwise
managed; or
Because of its toxicity or concentration within biological chains,
presents a demonstrated threat to biological life cycles when released
into the environment.
A waste, or combination of wastes, which are identified or
listed as hazardous pursuant to 6 NYCRR Part 371, Identification and
Listing of Hazardous Wastes. Hazardous wastes include but are not
limited to petroleum products, organic chemical solvents, heavy metal
sludges, acids with a pH less than or equal to 2.0, alkalies with
a pH greater than or equal to 12.5, radioactive substances, pathological
or infectious wastes, or any material exhibiting the characteristics
of ignitability, corrosivity, reactivity or EP toxicity.
Any substance or mixture of substances intended for prevention,
destroying, repelling, or mitigating any weed, and those substances
defined pursuant to Environmental Conservation Law § 33-0101.
Any man-made material, such as pavement used in parking lots
or driveways or any building or other structure on a lot, that does
not allow surface water to penetrate into the soil.
An impoundment made by excavation or embankment construction
to contain water and allow the downward movement of water into the
soil.
The use of petroleum to heat or cool a residential or nonresidential
structure, to operate machinery necessary for agricultural activities,
or for processing or manufacturing activities. On-site consumption
does not include the sale or distribution of petroleum for or into
vehicles, except vehicles used only on site.
Any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any pest; any substance or mixture
of substances intended for use as a plant regulator, defoliant or
desiccant; and those substances defined pursuant to Environmental
Conservation Law § 33-0101.
Any material in any form that emits radiation spontaneously,
excluding those radioactive materials or devices containing radioactive
materials which are exempt from licensing and regulatory control pursuant
to regulations of the New York State Department of Labor or the United
States Nuclear Regulatory Commission.
A structure which prevents any materials that have spilled
or leaked from primary containment structures, such as piping, tanks
or other containers, from reaching the land surface, subsurface or
a water body.
The contents of a septic tank, cesspool or other individual
wastewater treatment work which receives domestic sewage wastes.
The solid, semisolid, or liquid waste generated from a waste
processing facility but does not include the liquid stream of effluent.
Any garbage, refuse, sludge from a wastewater treatment plant,
water supply treatment plant, or air-pollution control facility, and
other discarded materials, including solid, liquid, semisolid or contained
gaseous material, resulting from industrial, commercial, mining (other
than earthen materials) and agricultural operations, and from community
activities.
Any discharge of a substance from the containers employed
in storage, transfer, processing or use.
Those water bodies which are identified as drainage features
(perennial stream or river, intermittent stream, canals, ditches,
etc.) lakes, ponds, reservoirs, springs or wetlands on United States
Geological Survey or New York State Department of Transportation 7.5-minute
topographic maps, United States Department of Agriculture soil survey
maps, or wetlands maps by the New York State Department of Environmental
Conservation.
Storage within a tank or other container which is completely
covered with earth or other backfill material.
Aqueous-carried waste, including, but not limited to, solid
waste, hazardous waste, incinerator ash and residue, septage, garbage,
refuse, sludge, chemical waste, infectious waste, biological material,
radioactive materials, heat and commercial, industrial, municipal
and agricultural waste.
E.
Prohibited uses. The following activities shall all be prohibited
within the overlay zones so as to safeguard groundwater resources
which serve as the Town's drinking water supply:
(1)
Uses prohibited in W-1 Overlay Zones.
(a)
Establishment and/or operation of any solid waste management
facility or hazardous waste treatment, storage or disposal facility,
including but not limited to solid waste storage area or facility;
transfer station; rail-haul or barge-haul facility; raw waste landfill;
sanitary landfill; solid waste landfill; ash landfill; construction
and demolition debris landfill; disposal facility; solid waste incinerator;
refuse-derived fuel processing or manufacturing facility; pyrolysis
facility; construction and debris processing facility; land application
facility; composting facility; used oil storage, reprocessing and
refining facility; recyclables handling and recovery facility; waste
tire storage facility; junkyard; salvage yard; impoundment yard; dump;
radiological waste facility; pathological or medical waste facility;
or hazardous waste treatment, storage or disposal facility.
(b)
Surface land application of septage, sludge or human excreta.
(c)
Disposal of any solid waste, petroleum, radioactive material,
hazardous substance, hazardous waste into or onto land or a surface
water body.
(d)
Establishment of any of the following: coal tar plant; cemetery;
fuel oil distributor; gasoline station; oil and gas drilling and production;
pesticide stores; pest control business; road and maintenance depot.
(e)
Outdoor uncovered stockpiling or bulk storage of manure, coal,
deicing chloride salts, or artificial fertilizers.
(f)
Commercial use, storage and application of pesticides, herbicides,
fungicides and fertilizers.
(g)
Disposal of snow containing deicing salts/chemicals removed
from streets, roads and parking areas and that has been transported
from areas outside of the water supply protection overlay zone.
(h)
Construction of commercial pipelines or piping systems that
carry petroleum or liquid hazardous substances or waste.
(i)
Construction of on-site wastewater disposal systems capable
of surface or subsurface discharges of 1,000 gallons or more per day
or other wastewater treatment facilities with disposal of primary
or secondary effluent within the water supply protection overlay zone.
(j)
Underground storage of petroleum products, hazardous substances,
hazardous waste, pesticides and fertilizers.
(k)
Outdoor, aboveground storage of petroleum products, hazardous
substances, hazardous waste and pesticides.
(l)
New mining operations from which earth materials are removed
for sale, exchange or other use, except for excavation and grading
operations which are conducted solely in aid of on-site construction
or farming.
(2)
Uses prohibited in W-2 Overlay Zones.
(a)
Disposal of snow containing deicing salts/chemicals removed
from streets, roads and parking areas to the area within 100 feet
of streams and watercourses.
(b)
Disposal of any solid waste, petroleum, radioactive material,
hazardous substance, hazardous waste, or nonsewage wastewater into
or onto land or a surface water body. Uses which commonly dispose
of solid waste, petroleum, hazardous substances, hazardous waste,
or nonsewage wastewater into or onto land or a surface water body
include but are not limited to appliance/small engine repair shops;
auto repair and body shops; boat service, repair and washing establishments;
chemical/biological laboratories; chemical processing/manufacturing
plants; cleaning services (dry cleaning, laundromat, commercial laundry);
electric/electronic/communications equipment manufacturers; furniture
manufacturers/strippers/painters; jewelry and metal platers; machine
shops; metal manufacturers/fabricators/finishers; petroleum product
refiners and manufacturers; photo processors and printers; and wood
preserving/treating establishments.
(c)
Surface land application of septage, sludge or human excreta.
(d)
Disposal of any solid waste, petroleum, radioactive material,
hazardous substance, hazardous waste, or nonsewage wastewater into
or onto land or a surface water body. Normal maintenance of stormwater
management facilities is exempt.
(e)
Outdoor uncovered stockpiling or bulk storage of coal, deicing
chloride compounds (unless bagged), or artificial fertilizers.
F.
Lot coverage.
(1)
The minimum lot size for lots in the W-1 Overlay Zone that are to
be served by on-site wastewater treatment systems (septic systems)
shall be 80,000 square feet.
(2)
The total allowable impervious surface area for lots in the W-1 Overlay
Zone shall not exceed the following percentages:
|
Lot Size
(square feet)
|
Lot Size
(acres)
|
Maximum Impervious Surface Area of Lot
| |
|---|---|---|---|
|
7,500 to 14,999
|
0.15 to 0.34
|
50%
| |
|
15,000 to 29,999
|
0.34 to 0.69
|
45%
| |
|
30,000 to 79,999
|
0.69 to 1.84
|
40%
| |
|
Greater than 79,999
|
Greater than 1.84
|
35%
|
G.
Stormwater runoff. Proposed uses within either the W-1 Overlay Zone
or the W-2 Overlay Zone shall meet the following standards for stormwater
runoff:
(1)
There shall be no exceeding of predevelopment peak flow rate for
the one-hundred-year-return-frequency storm.
(2)
The off-site impacts of erosion and sedimentation from the proposed
use shall not be any greater during and following land disturbance
activities under predevelopment conditions.
(3)
All stormwater runoff from new impervious surface areas shall be
discharged using infiltration basins, pits, trenches or impoundments
in accordance with the design criteria for these stormwater management
techniques as described in Chapter 6 of the NYSDEC manual "Reducing
the Impacts of Stormwater Runoff from New Development," as amended
or superseded. For commercial/industrial parking lots which produce
significant loads of grit and oil, oil/grit separators (water quality
inlets) are required to remove sediment and hydrocarbons which would
clog soils and lead to failure of the infiltration structure.
(4)
The applicant shall prepare or have prepared a stormwater management
and erosion control plan using the outline presented in Chapter 4
of the NYSDEC manual "Reducing the Impacts of Stormwater Runoff from
New Development," as amended or superseded.
(5)
Dry wells, infiltration trenches, and infiltration basins shall be
used to dispose of stormwater only where other methods may not be
feasible, as determined by the Planning Board, due to physical constraints
of the site. No such infiltration systems for disposal of stormwater
shall be located within 1,000 feet of a public water supply well.
(6)
Surface infiltration trenches must have grass buffers and dry wells
and subsurface infiltration trenches must have oil, grease and sediment
traps (water quality inlets) to capture excess loads of sediment,
grease, oils and settleable solids and other objectionable materials,
including floatable organic materials, before stormwater is allowed
to enter the infiltration system.
(7)
Dry wells shall be equipped with an accessible cap and underground
infiltration trenches shall be equipped with observation well(s).
All caps to dry wells and observation wells shall be locked or constructed
to prevent vandalism.
(8)
There must be a vertical separation distance of at least four feet
between the bottom of the infiltration system and the season high-water
table or bedrock. The required separation distance must be verified
by test pits/soil borings under the direction of a professional engineer
licensed to practice in the State of New York.
(9)
The following activities shall be exempt from the stormwater management
and erosion control plan requirements: agricultural activities (including
household gardening and timber harvesting) that are not part of a
development project; development of less than five single-family or
duplex residential dwelling units and their accessory structures in
an existing subdivision; development of one single-family or duplex
residential dwelling unit not in an existing subdivision; industrial
and/or commercial development projects which result in an impervious
surface of less than 10,000 square feet; and any maintenance, alteration,
use or improvement of an existing structure which will not change
the quality, rate, volume or location of stormwater discharge or contribute
to erosion and sedimentation.
H.
Underground petroleum storage. New facilities for the underground
storage of petroleum products, including those for on-site consumption,
shall be prohibited in W-1 Overlay Zones. Replacement underground
petroleum storage facilities shall be permitted if the new storage
facilities are of equal or lesser capacity and are installed in accordance
with the standards of the New York State Department of Environmental
Conservation.
I.
Aboveground petroleum storage. New facilities for the outdoor, aboveground
storage of petroleum products, except for petroleum used for on-site
consumption, shall be prohibited in W-1 Overlay Zones. Replacement
of aboveground petroleum storage facilities for other than on-site
consumption/use shall be permitted within W-1 Overlay Zones if the
new storage facilities are of equal or lesser capacity and are installed
in accordance with the standards of the New York State Department
of Environmental Conservation. All facilities shall be equipped with
the following:
(1)
Double-walled piping or other form of piping secondary containment
and a piping leak detection system;
(2)
Cathodic protection for any steel/iron underground piping;
(3)
A dike, berm or other secondary containment structure composed of
impermeable material which is designed to contain at least 120% of
the volume of the largest tank enclosed by the containment structure;
(4)
Visual gauges to monitor fluid levels and/or high-level alarms to
warn of an imminent overfill and spill prevention valves;
(5)
Tank labels; and
(6)
Security against unauthorized entry into storage areas.
J.
Indoor petroleum storage. Indoor storage facilities for petroleum
in W-1 Overlay Zones, except for on-site consumption in residences,
household uses (operating lawn-care equipment, recreational vehicles,
etc.) and storage in original, sealed containers for purposes of resale,
shall meet all applicable New York State Department of Environmental
Conservation rules and regulations for petroleum bulk storage and
the following design requirements:
(1)
Petroleum shall be stored in product-tight closed containers, containers
equipped with a lid, or still tanks;
(2)
All storage areas shall be equipped with a secondary containment
structure built of impervious material which is designed to contain
at least 120% of the volume of the largest container enclosed by the
containment structure;
(3)
No storage areas shall be located in proximity to floor drains;
(4)
Storage areas shall be secured against unauthorized entry;
(5)
The tank or containers shall be mounted/stored on a concrete floor
or pad;
(6)
For tanks, visual gauges installed to monitor fluid levels and/or
high-level alarms to warn of an imminent overfill;
(7)
For tanks, spill-prevention valves; and
(8)
Tank/container labels.
K.
Hazardous substance storage. Proposed uses in W-1 Overlay Zones must
meet the following standards for hazardous substance, pesticide, herbicide
and fertilizer storage:
(1)
Outdoor, aboveground storage of hazardous substances is prohibited.
(2)
Indoor storage areas for quantities of hazardous substances, pesticides, herbicides and fertilizers that total more than 250 pounds or 50 gallons liquid shall meet all applicable federal and state requirements and the following requirements and standards [storage in original, sealed containers for the purpose of resale shall be exempt from Subsection K(2)(c) and (d)]:
(a)
All products shall be stored in product-tight containers with a lid;
(b)
Each container shall be clearly labeled;
(c)
Drip pans shall be located under the spigots of drums or containers
stored in a horizontal position;
(d)
All storage areas shall be equipped with a pad and a dike, berm or
other secondary containment structure built of impervious material
which is designed to contain at least 120% of the volume of the largest
container enclosed by the containment structure;
(e)
No storage areas shall be located adjacent to floor drains;
(f)
Absorbent material shall be kept on hand for emergency cleanups
and containments; and
(g)
Storage areas shall be secured against unauthorized entry.
(3)
An accurate log or inventory of hazardous substances on site shall
be maintained.
(4)
A spill control plan shall be prepared and posted in a conspicuous
location. The plans shall contain a description of operational procedures,
a description of potential spill sources, the names and telephone
numbers of persons responsible for responding to the spill, the procedures
for containing and cleaning up the spill, the procedure for notifying
the Town and other appropriate local and state officials.
L.
Floor drains. All floor drains for a proposed use within W-1 Overlay
Zones shall be connected to an oil and grit separating tank that is
connected to the sanitary sewer system. Floor drains which are connected
to the sanitary sewer must meet discharge limits and permit requirements
established by the wastewater treatment plant or NYSDEC criteria for
subsurface disposal systems. Discharge of floor drains to the ground
surface, subsurface or watercourse is prohibited.
M.
Hazardous waste storage and disposal. Proposed uses in W-1 Overlay
Zones must meet the following standards for temporary storage and
proper disposal of hazardous waste:
(1)
The owner or applicant of a facility generating hazardous waste shall
demonstrate the availability and feasibility of temporary indoor storage
methods which are in accordance with all applicable local, state and
federal laws and the requirements of this article for hazardous waste
to be produced in quantities greater than those associated with normal
household or agricultural use.
(2)
The owner or applicant shall demonstrate that wastes will be properly
handled and stored until disposed of at a licensed hazardous waste
treatment, storage or disposal facility by a licensed waste hauler.
(3)
Temporarily accumulated hazardous waste will be in accordance with
all applicable local, state and federal regulations.
(4)
An accurate log or inventory of hazardous wastes stored on site shall
be maintained, including a description of the waste contained in containers,
the date of waste generation, the date of removal by a licensed waste
hauler, and the name and address of the licensed waste hauler.
(5)
A spill control plan shall be prepared and posted in a conspicuous
location. The plans shall contain a description of operational procedures,
a description of potential spill sources, the names and telephone
numbers of persons responsible for responding to the spill, the procedures
for containing and cleaning up the spill, the procedure for notifying
the Town and other appropriate local and state officials.
N.
Pesticide/fertilizer storage and application. The outdoor uncovered
stockpiling or bulk storage of manure is prohibited within 100 feet
of a surface water body in a W-1 Overlay Zone or within 1,000 feet
of a public water supply well in a W-1 Overlay Zone. In addition,
the underground or outdoor, aboveground storage of pesticides and/or
fertilizers is also prohibited within W-1 Overlay Zones. The following
standards shall apply to proposed uses regarding the storage, application
and disposal of pesticides and/or fertilizers within W-1 Overlay Zones:
(1)
Areas utilized for the stockpiling or bulk storage of manure and
associated agricultural waste from commercial agricultural establishments
in W-1 Overlay Zones shall be constructed and maintained in accordance
with best management practices such that seepage, leachate or runoff
from stockpiling or storage of animal waste does not cause or contribute
to the contravention of a water quality standard.
(2)
Commercial agricultural storage and use of fertilizers and the land
application of manure within W-1 Overlay Zones shall be in conformance
to the degree practicable with best management practices as recommended
by NYSDEC, Cornell Cooperative Extension and Orange County Soil and
Water Conservation District.
(3)
Storage, use and/or application of pesticides within W-1 Overlay
Zones must be in accordance with proper certification from the New
York State Department of Environmental Conservation.
O.
Site inspections. The Town Building Inspector/Code Enforcement Officer
is authorized to perform periodic inspections of facilities within
W-1 Overlay Zones to ensure that these facilities are in compliance
with the requirements and standards of this article. The owner or
the owner's designee shall grant the Codes Enforcement Officer access
to the site at a mutually agreeable time within 72 hours of notice
of inspection.
Wherever agricultural uses and other new uses unrelated to the
agricultural operations abut, buffers shall be provided to reduce
the exposure of these abutting uses to odors, noise and other potential
nuisances related to the agricultural operation. Provision of buffers
shall be the responsibility of the proponent of the nonagricultural
use, unless such use predates the agricultural use. Such buffers may
consist of vegetative screening, woodlands, vegetated berms, or natural
topographic features and should be considered and utilized by the
Planning Board when lots are created or subdivided near agricultural
properties or uses and by the lot owner for the location of a new
dwelling on a lot.
Any application for a special use permit, use variance, site plan or subdivision approval requiring municipal review and approval by the Planning Board or Zoning Board of Appeals that would occur on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in an agricultural district, shall include an agricultural data statement as defined in § 195-6.[1] The Planning Board or Zoning Board of Appeals shall evaluate
and consider the agricultural data statement in its review of the
possible impacts of the proposed project upon the functioning of farm
operations within the agricultural district.
[1]
Editor's Note: See §§ 301 and 305-a of the
Agriculture and Markets Law.
A.
Owing to the predominant agricultural character of the Town of Wawayanda,
and considering the increasing migration of residents from communities
outside of the region, it is necessary to communicate the importance
of ongoing farm operations in the Town in order to minimize potential
conflicts between property owners. In the case of any proposed residential
development within any district in the Town, the Planning Board shall
require the applicant to issue a disclosure to potential purchasers
of lots or dwelling units as follows:
|
"It is the policy of the State of New York and the Town of Wawayanda
to conserve, protect and encourage the development and improvement
of agricultural land for the production of food and other products
and also for its natural and ecological value. This notice is to inform
prospective residents that the property they are about to acquire
lies partially or wholly within an agricultural district and that
farming activities are the main land use occurring within the district.
Such farming activities may include but not be limited to the following
activities:
| ||
|
1.
|
That farming does not only occur between 8:00 a.m. and 5:00
p.m. and is dependent on Mother Nature. Residents should be aware
of noise from agricultural machinery being operated in nearby fields
on both early morning and evening hours and noise from crop-drying
fans which are run 24 hours a day during the harvesting season.
| |
|
2.
|
That the roads leading to and from the subdivision are frequently
traveled by farmers and their slow-moving farm vehicles and equipment.
| |
|
3.
|
That farm neighbors very often spray their crops with pesticides
in accordance with accepted practices regulated by the New York State
Department of Environmental Conservation.
| |
|
4.
|
That existing agricultural operations may create both unavoidable
odors and unsightliness commonly associated with farming operations
in this area.
| |
|
5.
|
That there are dangers of letting children and pets roam into
any adjacent field which is private property.
| |
|
6.
|
That residences for seasonal farm laborers are an accessory
use to farming activities in the agricultural zones.
| |
|
7.
|
Be advised of the possible nuisance of blowing dust and black
dirt caused by windstorms in the area."
| |
B.
This disclosure shall be required as a note on a subdivision plat
or site plan and may also be required to be made through other means
reasonably calculated to inform a prospective purchaser, such as by
posting or letter of notification. This section may also be applied
to any commercial development within the jurisdiction of the Planning
Board that abuts agricultural land, at the discretion of the Planning
Board.
Any land use proposal shall comply with the Code of the Town of Wawayanda regarding the requirements for stormwater runoff and erosion and sedimentation control, as the same may be set forth in Chapter 154, Stormwater Management and Control, and elsewhere in the Code of the Town of Wawayanda.
A flag lot is defined for purposes of this chapter as a lot
so shaped and designed that the main portion of the lot is set back
from the public street or road on which it fronts, is situated behind
one or more lots, and is connected to such frontage road or street
only by means of a relatively narrow strip of land. The following
requirements apply to flag lots:
A.
Each flag lot must have a minimum frontage of 50 feet on an improved
public road that provides adequate and physically practical access
from the lot to the public road.
B.
Except for the allowable reduction of minimum road frontage requirements
as set forth in bulk tables for applicable zones, flag lots must meet
all other requirements for a lot in the applicable zoning district.
For purposes of determining front yard setbacks, the front yard shall
be calculated from where the lot meets minimum lot width requirements,
and the setback shall be measured from the closest rear yard property
line of the abutting parcel or parcels.
C.
All flag lots must have safe access for fire, police and emergency
vehicles.
Private roads are allowed with Planning Board approval and in accordance with Chapter 158, Street Specifications, of the Code.
A.
Private roads shall not serve more than six single-family residences.
B.
Private roads must have an access and maintenance agreement in a
form approved by the Planning Board attorney.
C.
All lots on private roads must meet setbacks and lot area for the
applicable zones in which they are located.
D.
Setbacks are to be measured from right-of-way lines.
E.
Corner lots shall have two front yards.
[Amended 3-4-2021 by L.L. No. 2-2021]
No more than one unregistered vehicle shall be maintained outside
of a fully enclosed structure in any residential zone. An unregistered
vehicle shall not be permitted on a vacant lot.
[Amended 3-4-2021 by L.L. No. 2-2021]
No more than one commercial vehicle or heavy construction equipment,
i.e., bulldozer, loader, etc., over 18,000 pounds shall be parked
or stored on any residential lot, except as part of any construction
occurring on site. Commercial vehicles shall not be stored on lots
less than five acres.Outdoor storage of more than one commercial vehicle
is allowed by special use permit in the AB, AP and AR Zones. The outdoor
storage of agricultural vehicles and equipment used for agricultural
purposes on the property where such are stored shall be permitted
in all districts. Commercial vehicles or auxiliary engines may not
be left running in residential zones.
Outdoor storage of up to two recreational vehicles and/or boats
of any size is permitted on residential lots, provided that such vehicle
or boat is not stored between the street line and the front yard setback
or within any side or rear yard setbacks except when stored in a driveway.
The outdoor storage of one recreational vehicle or boat of more than
20 feet in length is permitted on any residential lot, provided that
such vehicle or boat is not stored between the street line and the
front yard setback or within any side or rear yard setbacks except
when stored in a driveway.
B.
A travel trailer may be parked or located overnight on the property of its owner, provided that it complies with applicable setback requirements and is sited in a manner that minimizes its visibility from a public highway (normally in the rear or side yard behind the front face of the principal building). A travel trailer shall not block access by emergency vehicles, shall not be used as living quarters except as provided in Subsections D and E below, and shall not be hooked up to any utilities on a permanent basis.
C.
Notwithstanding any inconsistent provision of this section, use of
a mobile home or office trailer is permitted by contractors as an
office during building construction upon issuance of a permit by the
Building Inspector/Code Enforcement Officer and upon payment of any
required permit fees.
D.
For existing residential uses which have been damaged by fire or
other natural disasters, a temporary mobile home may be located on
the lot during construction of a replacement structure, upon issuance
of a permit by the Building Inspector, not to exceed two years. The
mobile home must be removed upon completion of the new home and issuance
of a certificate of occupancy.
A.
Purpose. The purpose of this section is to establish the regulation
of signs and certain commercial lighting in the Town of Wawayanda.
All signs not specifically permitted by this section are prohibited.
B.
BILLBOARD
CHANGEABLE COPY SIGNS
CONSTRUCTION SIGN
DIRECTLY ILLUMINATED SIGN
FREESTANDING SIGN
INDIRECTLY ILLUMINATED SIGN
MESSAGE CENTER SIGN
OFF-PREMISES SIGN
PORTABLE SIGN
PROJECTING SIGN
PUBLIC SERVICE SIGN
ROOF SIGN
SIGN
SIGN AREA
(1)
(2)
(3)
SIGN HEIGHT
SIGN STRUCTURE
SUBDIVISION IDENTIFICATION SIGN
TEMPORARY SIGN
UNDER CANOPY SIGNS
WALL SIGN
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A freestanding sign larger than 48 square feet advertising
an off-premises business or activity.
Signs, either permanent or temporary, whose messages can
be easily changed manually.
A temporary nonilluminated sign denoting either the architect,
engineer and/or contractors on premises where construction, repair
or renovation is in progress.
A sign designed to give forth any artificial light directly
or designed to reflect such light deriving from any source which is
intended to cause such light or reflection.
Any sign which is supported by one or more uprights, poles
or braces in or upon the ground.
A sign illuminated with a light so shielded that no direct
rays therefrom are visible elsewhere than on the plot where such illumination
occurs; any sign illuminated with an artificial light which is separated
from or is not an intrinsic part of the sign itself.
A sign whose message can be changed automatically by mechanical
or electronic means.
A sign, as defined in this section, located on another lot
which is separate and distinct from the lot which is being described
or advertised in the sign.
A sign which can be carried, transported, moved, mounted
temporarily or permanently on wheels, or otherwise erected.
Any sign other than a wall sign which projects from and is
supported by a wall of a building.
A sign which gives the public necessary or desirable information
as opposed to a sign which primarily advertises a commercial business.
A sign erected upon or above a roof or parapet of a building
or structure.
Any letter, word, model, banner, insignia, trade flag, device,
decorated section of awning or representation used as or which is
in the nature of an advertisement attraction or directive, visible
to the public from outside the building; any structure or part thereof
or any device attached to a structure which shall display or include
any letters, wording, model, insignia, etc., which is used in the
nature of an announcement. A "sign" includes a billboard, but does
not include the flag of any nation or governmental agency.
When a sign is on a plate or framed or outlined, all of the
area of such plate or the area enclosed by such frame or outline shall
be included in the sign area. The sign area shall not include any
supporting structure or bracing or supports if they are not used for
advertising purposes.
When a sign consists only of letters, designs or figures that
are engraved, painted or projected or in any manner affixed on a wall
or awning or window, the total sign area of such sign shall be deemed
the area within the smallest quadrangle or a triangle which encompasses
all the letters and symbols.
Each separate face of a sign shall be counted as part of the
sign area, except that only one side of signs with faces placed back
to back is considered to determine the area. When the two sides are
of different sizes, the larger shall determine the area.
The measurement of a sign from average grade level to the
highest point of the sign and/or the structure to which the sign is
attached.
A structure which supports or is capable of supporting a
sign.
A nonilluminated sign identifying a subdivision.
A sign that is temporary in nature, such as a poster, banner,
promotional device, changeable copy sign or other sign of similar
nature, which is permitted for a period of not longer than 30 days
in any calendar year.
Signs attached to the ceilings of covered walkways.
A sign which is a part of a building wall or otherwise attached
to a building wall. A "wall sign" shall be parallel to the face of
the building and shall not project beyond the wall or roofline of
the building.
C.
General standards. No sign or other outdoor devices for the purpose
of advertising of any kind may be erected or established in the Town
except in conformance with the standards in this section or elsewhere
in this chapter.
(1)
All signs subject to permit approval require a building permit and shall comply with applicable regulations of this chapter and Chapter 54, Building Construction, Maintenance and Fire Protection.
(2)
No permanent or temporary sign shall be erected or placed at or near
the intersection of any streets in such a manner as to cause a traffic
hazard at the intersection or at any location where, by reason of
the position, shape or color of the sign, it may interfere with, obstruct
the view of or be confused with any authorized traffic sign, signal
or device or which makes use of the words "stop," "look," "drive in"
or "left," or any other word, phrase, symbol or character, in such
a manner as to interfere with, mislead or confuse traffic.
(3)
All signs shall be set back a minimum of 10 feet from any property
line and placed so as not to interfere with clear vision for vehicular
traffic.
(4)
The size of a sign shall refer to the overall area occupied by the
total sign and includes the face area of each display surface and
any spaces between parts thereof.
(5)
The provisions of this section shall not apply to safety signs, road
signs, historical markers or highway directional signs erected by
municipal or public agencies.
(6)
Illumination of signs shall not be intermittent or of varying intensity
and may not produce glare beyond the limits of the property lines.
This does not include message centers.
(7)
Signs with moving parts are prohibited except public service signs,
such as time and temperature, approved by the Building Inspector/Code
Enforcement Officer.
(8)
Signs projecting into a public right-of-way shall have a clearance
of not less than 10 feet above the sidewalk or surrounding ground.
No signs shall be permitted above any public driveway or thoroughfare.
D.
Prohibited signs and lighting. The following signs and lighting are
prohibited in all districts:
(1)
Any sign which is not specifically included under the types of signs
permitted in district regulations or in this chapter.
(2)
Signs that are abandoned or which are advertising for a place that
is out of business. This does not apply to seasonal types of businesses.
(3)
Signs that are not in good repair.
(4)
Signs not securely affixed to a substantial building or structure.
(5)
Signs or lights which attempt or appear to attempt to regulate, warn
or direct the movement of traffic or which interfere with, imitate
or resemble any official traffic sign, signal or device.
(6)
Lights which are not effectively shielded to prevent beams or rays
of light from being directed at any portion of the main traveled way
of a highway or adjacent properties or which are of such intensity
or brilliance as to cause glare or to impair the vision of the driver
of any motor vehicle or which otherwise interfere with any driver's
operation of a motor vehicle.
(7)
Flashing lights which outline any part of a building such as a gable,
roof, side wall or corner.
(8)
Signs with flashing or undulating lights. This does not include message
center signs.
(9)
Signs in windows exceeding 33% of the window space.
(10)
Signs placed on rights-of-way, public property or utility poles.
(11)
Signs advertising businesses that do not yet have all required
municipal approvals.
E.
Permitted signs. The following signs are permitted in any use district
without a sign permit:
(1)
Construction signs. One temporary nonilluminated sign denoting the
architect, engineer and/or contractors on the premises where construction,
repair or renovation is in progress.
(a)
Signs shall be nonilluminated, not exceeding six square feet
in a residential area and 32 square feet in other areas.
(b)
Signs shall not exceed eight feet in height.
(c)
Signs shall not remain on the property for more than 12 months.
If further time is needed, application for a permit must be made to
the Building Inspector.
(2)
Real estate signs. Such signs shall be for the sole purpose of advertising
the sale, lease or rental of the premises upon which such sign is
located. In no case may they be placed on utility poles.
(a)
Real estate signs shall be limited to one sign for each residential
parcel or two for multiple road frontage lots or one for every 500
feet of road frontage.
(b)
Real estate signs shall be set back a minimum of 10 feet from
any property line on a non-corner lot and 25 feet from any property
line on a corner lot.
(c)
No real estate sign shall be placed higher than six feet above
ground in a residential zone nor eight feet above ground in a nonresidential
zone.
(d)
No real estate sign shall remain on the premises in excess of
12 months without a permit. If further time is needed, an application
for a permit must be made to the Building Inspector.
(e)
All real estate signs shall be nonilluminated.
(f)
No real estate sign shall exceed six square feet for residential
property or 32 square feet for nonresidential property.
(3)
Political campaign signs.
(4)
Signs advertising the sale of agricultural or seasonal products or
the name of the agricultural business.
F.
Signs subject to permit approval. Permitted signs in all districts
which require a sign permit approval and fee as provided herein are:
(1)
Civic and religious signs. Signs or bulletin boards customarily incidental
to places of worship, libraries, colleges, other educational institutions,
hospitals, nursing homes, sanitariums, membership clubs and camps,
social clubs and other organizations shall be permitted.
(a)
Civic and religious signs must meet all sign requirements for
the zoning districts they are in and meet the requirements of this
section. Where there are conflicting size limitations, the smaller
size will control. Where there are conflicting setback requirements,
the larger requirement will control.
(b)
Civic and religious signs or bulletin boards shall not exceed
32 square feet in area and eight feet in height.
(c)
Civic and religious signs shall be located only on the premises
of such organizations, except that religious institutions shall be
allowed two off-premises directional signs.
(d)
Civic and religious signs shall require a ten-foot setback from
any property line.
(2)
Temporary signs. All signs of a temporary nature, such as posters,
banners, promotional devices, changeable copy signs and other signs
of similar nature, shall be permitted as follows:
(a)
Temporary signs are permitted for a period not to exceed 30
days per calendar year.
(b)
The Building Inspector/Code Enforcement Officer may, at his
discretion, grant an extension of the original thirty-day period upon
written request by the applicant showing reasonable cause for the
extension. In no event will the Building Inspector/Code Enforcement
Officer grant an extension of greater than 60 additional days.
(c)
Temporary signs shall not exceed 32 square feet in area nor
eight feet in height.
(d)
The minimum permitted setback for any temporary sign is 10 feet
from any property line on a non-corner lot and 25 feet from any property
line on a corner lot. No interference to visibility at an intersection
by placement of a sign is permitted.
(3)
Subdivision identification signs.
(a)
Temporary.
[1]
Not more than two temporary nonilluminated subdivision identification
signs located on the premises shall be permitted for a subdivision.
[2]
Each temporary subdivision identification sign shall not exceed
32 square feet.
[3]
Signs shall be at least 25 feet from the nearest street line.
[4]
No interference with visibility at any intersection by placement
of any such sign is permitted.
[5]
Temporary subdivision identification signs must be removed upon
completion of the subdivision.
(b)
Permanent.
[1]
One permanent subdivision identification sign is allowed at
each entrance to a subdivision.
[2]
Each permanent subdivision identification sign shall not exceed
32 square feet.
[3]
Said signs shall not exceed eight feet in height.
[4]
All permanent subdivision identification signs shall be at least
25 feet from the nearest street line.
[5]
No interference to visibility at any intersection by placement
of a permanent subdivision identification sign is permitted.
[6]
Off-premises subdivision signs are not permitted.
(4)
Signs for home occupations.
(a)
One nonilluminated sign advertising a permitted customary home
occupation or professional office shall be permitted as follows:
(b)
The Building Inspector/Code Enforcement Officer may permit signs
to be artificially illuminated upon finding that such illumination
is essential to the permitted use which the sign advertises or the
general public welfare.
(5)
Signs permitted in TC, MC, RH and AB Districts.
(a)
Not more than one wall sign shall be permitted for each tenant
on each building wall fronting on a public street or parking area.
Maximum of two signs per tenant or business. The total wall signage
shall not exceed an area equal to five square feet of sign area for
each linear foot of building frontage or 150 square feet, whichever
is lesser. In no instance shall any one sign exceed 150 square feet.
(b)
Whenever a building is located more than 35 feet back from the
street line, one freestanding sign per entrance, not to exceed 64
square feet, shall also be permitted, and shall comply with the following
criteria:
[Amended 11-4-2010 by L.L. No. 2-2010]
[1]
Said sign shall not be located closer than 10 feet to any building
or property line.
(c)
Sign height shall not exceed the height limitation for building
height of the district in which it is located or maximum height of
45 feet, whichever is less.
(d)
For any motor vehicle fuel station, not more than one pole sign
erected on the premises for the purpose of advertising the brand of
gasoline sold at such service station will be permitted:
[1]
Such pole sign shall not exceed 32 square feet in the AB and
RH Districts or 64 square feet in the TC and MC Districts.
[2]
Such signs shall be located a minimum of 10 feet from all property
lines.
[3]
In addition to the brand sign, fuel stations are permitted one
gas price sign not to exceed 32 square feet. This does not include
the state-required price signs on top of the individual pumps.
(e)
Where large numbers of directions or advertisement signs are
justified, a sign plaza shall be established wherein all such signs
shall be consolidated and confined within a single frame or as a combination
of sign panels. The size, shape, color, manner of display, lettering
and placement of any such sign shall be subject to approval by the
Planning Board or Town Board, where applicable. Any such sign plaza
shall be subject to all applicable state and county and Town regulations.
(f)
All illuminated signs must shut off by 11:00 p.m. unless the
business remains open past this hour, in which case they shall be
shut off no later than one hour after the close of business.
(6)
Signs permitted in hamlet districts.
(a)
Not more than one such sign shall be permitted for each tenant
on each building wall fronting on a public street or parking area.
(b)
The aggregate area in square feet of all signs on any building
wall shall not exceed one square foot for each one foot of length
of such building wall.
(d)
In lieu of a freestanding sign, the property owner may request
that one projecting sign be permitted on the property. Said request
shall be made to the Building Inspector/Code Enforcement Officer or
individual in charge of sign permits and will be discretionary. In
determining whether or not to issue a projecting sign, the issuing
official shall consider the potential effect of such sign on the health,
safety or welfare of the general public.
G.
Nonconforming signs. In the event that a sign was erected prior to
the effective date of this chapter and does not conform to the provisions
and standards set forth herein, the following will apply:
(1)
The requisite permit, as provided herein, shall be granted for every
such sign or other advertising structure, provided that said sign
is properly repaired and maintained and otherwise is in conformance
with this chapter.
(2)
Nonconforming signs which are structurally altered or relocated or
which undergo major repair on or after the effective date of this
chapter shall be required to comply with all provisions of this chapter.
H.
Removal.
(1)
Any sign existing on or after the effective date of this chapter
which no longer advertises an existing business on the premises or
product sold or service provided on the premises upon which such sign
is located shall be removed within 30 days of written notice as provided
herein. The Code Enforcement Officer, upon determining that such sign
exists, shall notify the owner of the premises, in writing, to remove
said sign within 30 days from the date of such notice. Upon failure
to comply with such notice within the prescribed time, the Building
Inspector/Code Enforcement Officer is hereby authorized to remove
or cause removal of such sign and shall assess all costs and expenses
incurred in said removal against the land or building on which such
sign is located.
(2)
If the Building Inspector/Code Enforcement Officer shall determine
that any sign is prohibited, unsafe or insecure, or is a menace to
the public, he shall give written notice to the named owner of the
sign and the named owner of the land upon which the sign is erected,
who shall remove or repair said sign within 30 days from the date
of said notice. If said sign is not removed or repaired so as to comply
with this chapter within the prescribed time period, it shall be deemed
to be in violation of this chapter.
I.
Permit application; issuance; fees.
(1)
Applications for a sign permit.
(a)
All applications for sign permits shall be made to the Building
Inspector/Code Enforcement Officer or municipal officer designated
to receive such applications, in writing, upon forms provided, if
any, and shall contain at least the following information:
[1]
The name, address and telephone number of the applicant.
[2]
The location of the building, structure and/or land to which
or upon which the sign is to be erected.
[3]
A detailed drawing or blueprint showing a description of the
construction details of the sign and showing the lettering and/or
pictorial matter composing the sign and position of lighting (if any)
or other extraneous devices and a location plan showing the position
of the sign on any building or land and its position in relation to
nearby buildings or structures and to any private or public street
or highway. Upon request of the officer in charge of issuing the permit,
the application or representative shall meet such officer at the premises
for which the sign permit is sought to identify the proposed location
for such sign.
[4]
Written notarized consent of the owner of the building, structure
and land to which or upon which the sign is to be erected in the event
that the applicant is not the owner thereof.
[5]
All electrical work must be inspected by a registered electrical
inspector.
[6]
The official shall, within 45 days, approve of the receipt of
the application, approve with conditions or disapprove said application.
(b)
Fees. All applicable fees for sign permits are payable at the
time of application.
(2)
Issuance of sign permit. The applicant, upon receiving sign permit
approval, shall file with the Building Inspector/Code Enforcement
Officer approved site plans, detailed construction drawings, specifications
and other data which may be required for construction of said sign.
If the proposed sign is in compliance with all requirements of this
chapter and all other requirements of the Town of Wawayanda, the Building
Inspector/Code Enforcement Officer or designated official shall then,
within 30 days, issue a permit for erection of the proposed sign.
During construction and upon completion of construction, the Building
Inspector/Code Enforcement Officer shall make an inspection to ensure
compliance with approved plans.
J.
Penalties for offenses.
(1)
The Building Inspector/Code Enforcement Officer or other authorized
official of the Town of Wawayanda shall give notice of any violation
of this chapter by personal service or mailing by regular United States
Post Office mail of the notice of violation to the sign permit applicant,
if any, and to the property owner. When an application exists, notice
of the violation shall be given to the property owner. If a violation
is not remedied within 30 days after personal service or mail service
thereof, it shall be deemed to be a violation punishable pursuant
to this chapter. Each day of continuing violation shall constitute
and be a separate violation of this chapter.
(2)
Each and every violation of this chapter shall be punishable, upon
conviction, by a fine not to exceed the sum of $250 or imprisonment
for not more than 15 days, or both. In addition to the foregoing,
when security has been posted, as required pursuant to this chapter,
conviction of a violation shall result in forfeiture of the security.
Not withstanding the penalties set forth herein, the Town of Wawayanda
shall have the right to seek injunctive relief directing the person
or party in violation to cure such violation.
