This chapter shall be known as the "Town of Warrensburg Zoning Code" and is hereinafter referred to as "this chapter."
Enactment of this chapter by the Town is pursuant to Article 16 of the Town Law of the State of New York, and Article 27 of the Executive Law of the State of New York and pursuant to Municipal Home Rule Law and the Constitution of State of New York, and the Town Board hereby declares its legislative intent to supersede any provision of any local law, rule, regulation or provision of the Town Law inconsistent with this chapter. The Town Law provisions intended to be superseded include those portions of Article 16, § 262, Districts, as it relates to the difference in the uses permitted in the northern Business/Industrial District and the Southern Business/Industrial District. The Courts are hereby directed to take notice of this legislative intent and apply it in the event the Town has failed to specify any provision of law that may require supersession.
The purpose of this chapter is to broadly protect the public health, safety, and welfare of the residents of the Town of Warrensburg and to protect their property through the land use regulations under the authority of the New York State Town Law and in accordance with the Town of Warrensburg Comprehensive Plan. It is the further purpose and objective of this chapter to support the conservation, protection, development and use of the unique scenic, aesthetic, wildlife, recreational, open space, historic, ecological and natural resources of the community. It is also the purpose and objective of this chapter to preserve the beauty and character of the Adirondack Park setting to the benefit the Town of Warrensburg, its residents, visitors, and business community.
A.
Except as hereinafter provided, no area of land shall be disturbed and no building or part thereof shall hereafter be used, occupied, erected, moved, or altered unless in conformity with this chapter. All development, new use or change in use shall require a land use and development permit unless otherwise expressly provided herein.
B.
Notwithstanding any other provision of this chapter, any action proposed or undertaken by the Town of Warrensburg, or on behalf of the Town with the Town's authorization, shall be exempt from the provisions of this chapter. Notwithstanding this exemption, the Town Board may seek nonbinding advisory review from the Town Planning Board and/or Zoning Board of Appeals for any such proposed Town action. This exemption specifically does not apply to the provisions of the State Environmental Review Act (SEQRA), the Adirondack Park Agency (APA) Act or other state or federal requirements, but is limited only to requirements of the Town of Warrensburg.
[Added 5-8-2013 by L.L. No. 2-2013]
Compliance with the articles of this chapter do not preclude requirements that may exist by other agencies. These and other agencies may have overlapping jurisdiction: the Adirondack Park Agency; New York State Department of Environmental Conservation; New York State Health Department; the Town of Warrensburg Planning Board; the Town of Warrensburg Departments of Water and/or Highways; and/or New York State and/or Warren County Highway Departments. Nothing in this chapter shall be deemed to supersede their jurisdiction, provided that they may not override a decision under this chapter not to permit a given land use or development.
Nothing in this chapter shall be deemed to supersede, alter or impair the jurisdiction of the Adirondack Park Agency, pursuant to the Adirondack Park Agency Act,[1] to review and approve, approve subject to conditions, or disapprove those developments and subdivisions of land defined by the Adirondack Park Agency Act as Class A and Class B regional projects, or otherwise supersede, alter or impair the statutory function, duties and responsibilities of that agency with regard to matters involving the Town. The authority of the Adirondack Park Agency cannot, in the context of its Class A and B regional project review, override a decision by the Town to deny a permit for a given land use or development.