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.
[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.
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;
F.
Conversion of a seasonal use to a year-round use, including residential
use.
A site plan or special use permit shall not be required for
the following (however, a permit may be required):
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]
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.
