Wawarsing City Zoning Code
ARTICLE I
General Provisions
§ 112-1 Authority; conflict; interpretation; severability.
A.
Authority. This chapter, which shall be known as the "Town of Wawarsing Zoning Law," is enacted under the authority of § 264 of the New York State Town Law and § 10 of the New York State Municipal Home Rule Law. The Town of Wawarsing hereby exercises its authority under said Municipal Home Rule Law to specifically supersede the following provisions of New York State Town Law:
(1)
Section 265 of the New York State Town Law is superseded to permit voiding of a zoning change involving a planned unit development district, as provided under Article VII hereof, without resorting to further rezoning procedures.
(2)
Section 265 of the New York State Town Law is further superseded to permit the Town Board to classify unlisted uses, as provided under § 112-8 hereof, without resorting to a zoning amendment.
(3)
Section 261-b of the New York State Town Law is superseded by § 112-32 hereof, so as to not only offer a system of bonuses and incentives for affordable housing, but also to mandate its use in the case of owner-occupied residential dwelling projects of 25 dwelling units or more in total.
(4)
Sections 274-a and 274-b of the New York State Town Law are superseded by § 112-51 hereof, to permit the Town of Wawarsing Planning Board to review preliminary site plans and, if a preliminary site plan demonstrates the proposed activity involves one-time additions of less than 10% and 200 square feet in floor area or consists solely of accessory uses or structures, the Building Department may review and approve the site plan on its own.
(5)
Sections 274-a, 276 and 277 of the Town Law of the State of New York, relating to the limitation upon the authority of a Town to require the posting of a performance bond or other form of security in connection with the approval of a land subdivision plat, are superseded to extend such authority to Planning Board approvals of commercial and residential site plans in accordance with the provisions of § 274-a of the Town Law.
B.
Interpretation. The provisions of this chapter, in their interpretation and application, shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
C.
Conflict. This chapter is not intended to interfere with, abrogate, or annul any other law, rule or regulation statute or provision of law. Where any of the provisions of these regulations impose restrictions different than any other law, rule or regulation or other provision of law, whichever provisions are more restrictive or impose higher standards shall control. This chapter, however, shall repeal and replace in its entirety the existing Town of Wawarsing Zoning Law.
D.
Separability. If any part or provision of this chapter is judged invalid by any court of competent jurisdiction, such judgment shall be confined in application to the part or provision directly on which judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances. The Town hereby declares that it would have enacted the remainder of this chapter even without such part or provision or application.
§ 112-2 Purposes.
It is the legislative intent of this chapter to provide standards and procedures to guide land use and new development consistent with the purposes of § 263 of New York Town Law. This chapter is specifically intended to protect the health, safety and welfare of the Town of Wawarsing, and to implement the Town of Wawarsing Comprehensive Plan, as may be amended, including but not limited to the following purposes:
A.
Preserve the Town's character and appearance.
B.
Allocate ample sites for future residential growth in hamlets, leaving the majority of the land in large lot residential, agricultural, resort and forest uses.
C.
Provide a system of flexible zoning regulations designed to encourage physically attractive and socially desirable development.
D.
Protect and enhance natural waterways (Rondout Creek, Sandburg Creek and tributaries, Rondout Reservoir and lakes and ponds) and scenic areas (Shawangunk Mountains and Catskill Mountains).
E.
Encourage creation of attractive and effective signage.
F.
Provide a system of open spaces and park and recreation facilities and review proposed applications for consistency with the Town of Wawarsing Open Space Plan, as may be amended from time to time.
G.
Preserve important historic sites and resources.
H.
Create an orderly pattern of growth through concentrations of new residential developments in areas which presently are or which can conveniently be serviced with public facilities and avoid intensive residential development in scattered rural areas and areas of difficult accessibility that, if developed, would involve excessive costs for road improvements, road maintenance, school bus transportation and utility installation.
I.
Regulate population densities to reflect the desired character of the Town.
J.
Prevent intrusion of incompatible uses in residential areas by requiring good standards of improvements in new residential developments and by preserving, protecting and using natural beauty wherever possible.
K.
Encourage cluster development.
L.
Provide a variety of living environments and housing types to suit a range of incomes, tastes and needs.
M.
Require adequate amounts of off-street parking for both residential and nonresidential uses.
N.
Discourage further strip business development on frontage access highways.
O.
Provide for safe, convenient access to resort areas.
P.
Encourage development of Route 209 in a way that addresses coordinated planning among hamlets, improved access management and the creation of appropriate alternative routes for local traffic.
Q.
Improve the Town's economic base by providing sites for resort development, compatible industries and other business development consistent with the other purposes set forth herein.
R.
Preserve and enhance the natural beauty and man-made environment, assuring the maintenance and increase of property values and continued resort activity.
S.
Protect groundwater sources that supply drinking water in the Town.
T.
Protect surface water quality with riparian buffers and related measures.
U.
Protect and promote agriculture.
V.
Recognize the importance of the Village of Ellenville as an economic center in the Town of Wawarsing and integrate Town and Village planning.
W.
Protect the scenic character of the Shawangunk Ridge.
X.
Protect all watersheds from pollution, including those portions of the Town within the New York City Water Supply System Watershed.