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.

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.

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.

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.

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.

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:

If the Planning Board approves fewer than the number of spaces set forth in Subsection A(6) above, an alternative plan shall be prepared by the applicant and an area on the site set aside or reserved for future parking. The set-aside area shall be landscaped.

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.

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.

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.

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.

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.

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.

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.

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.

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.

No employees working on the premises other than family members residing thereon;

No additional parking required;

No outside storage of equipment, vehicles or materials used in the business other than an automobile for personal transportation;

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

No more than one sign, nonilluminated and not to exceed two square feet in area, shall be allowed.

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.

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.

Traffic generated shall not be in greater volume than would normally be expected in the neighborhood.

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.

One nonilluminated identification sign no larger than two square feet in size may be attached to the principal structure.

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.

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.

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.

The external appearance of the residential dwelling and/or accessory structure shall not be altered in any manner that changes its residential appearance.

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.

The general criteria applicable for all special use permits as set forth in Article VII below are met.

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.

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.

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 950 square feet of living area or be less than 400 square feet of living area.

A one-bedroom unit is allowed in single-family dwellings as an accessory apartment on a minimum of two acres.

Adequate water, sewer and off-street parking must be provided and approved to the satisfaction of the Town Engineer.

Either the accessory apartment or single-family dwelling must be owner-occupied.

Accessory apartments must meet New York State Uniform Fire Prevention and Building Codes.

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.

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.

A one-bedroom unit is allowed in accessory structures as an accessory apartment on a minimum of two acres.

Adequate water, sewer and off-street parking must be provided and approved to the satisfaction of the Town Engineer.

Either the accessory apartment or the single-family dwelling must be owner-occupied.

A mobile home, manufactured home or trailer shall not be used as an accessory structure.

Accessory apartments must meet New York State Uniform Fire Prevention and Building Codes.

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.

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.

One two-bedroom unit is allowed in accessory structures as an accessory apartment on a minimum of five acres.

Adequate water, sewer and off-street parking must be provided and approved to the satisfaction of the Town Engineer.

Neither the accessory apartment nor the single-family dwelling must be owner-occupied.

A mobile home, manufactured home or trailer shall not be used as an accessory structure.

Accessory apartments must meet New York State Uniform Fire Prevention and Building Codes.

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.

Maximum illumination permitted at a property line shall be 0.5 footcandle.

Generally there will be a maximum limit of five footcandles of light at any location on the site.

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.

All mechanical and body repair work shall be performed within buildings.

All automobile or vehicle parts, new or used, shall be stored within buildings.

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.

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.

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.

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.

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.

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.

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.

Buffer area.

Nonresidential uses.

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.

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.

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.

A landscaped area shall be provided along the perimeter of any parking area except that portion of the parking area which provides access.

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.

The plan should use landscaping to delineate or define vehicular and pedestrian ways and open space.

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.

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.

The plan should be realistic in terms of maintenance and use materials which, as a minimum, are winter hardy to Zone 4.

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:

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.

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.

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.

Uses prohibited in W-1 Overlay Zones.

Uses prohibited in W-2 Overlay Zones.

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.

The total allowable impervious surface area for lots in the W-1 Overlay Zone shall not exceed the following percentages:

There shall be no exceeding of predevelopment peak flow rate for the one-hundred-year-return-frequency storm.

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.

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.

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.

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.

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.

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.

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.

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.

Double-walled piping or other form of piping secondary containment and a piping leak detection system;

Cathodic protection for any steel/iron underground piping;

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;

Visual gauges to monitor fluid levels and/or high-level alarms to warn of an imminent overfill and spill prevention valves;

Tank labels; and

Security against unauthorized entry into storage areas.

Petroleum shall be stored in product-tight closed containers, containers equipped with a lid, or still tanks;

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;

No storage areas shall be located in proximity to floor drains;

Storage areas shall be secured against unauthorized entry;

The tank or containers shall be mounted/stored on a concrete floor or pad;

For tanks, visual gauges installed to monitor fluid levels and/or high-level alarms to warn of an imminent overfill;

For tanks, spill-prevention valves; and

Tank/container labels.

Outdoor, aboveground storage of hazardous substances is prohibited.

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)]:

An accurate log or inventory of hazardous substances on site shall be maintained.

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.

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.

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.

Temporarily accumulated hazardous waste will be in accordance with all applicable local, state and federal regulations.

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.

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.

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.

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.

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.

On private property in conformance with this section; or

On the premises of a travel trailer sales or rental establishment.

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.

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.

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.

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.

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.

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.

Signs with moving parts are prohibited except public service signs, such as time and temperature, approved by the Building Inspector/Code Enforcement Officer.

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.

Any sign which is not specifically included under the types of signs permitted in district regulations or in this chapter.

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.

Signs that are not in good repair.

Signs not securely affixed to a substantial building or structure.

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.

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.

Flashing lights which outline any part of a building such as a gable, roof, side wall or corner.

Signs with flashing or undulating lights. This does not include message center signs.

Signs in windows exceeding 33% of the window space.

Signs placed on rights-of-way, public property or utility poles.

Signs advertising businesses that do not yet have all required municipal approvals.

Construction signs. One temporary nonilluminated sign denoting the architect, engineer and/or contractors on the premises where construction, repair or renovation is in progress.

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.

Political campaign signs.

Signs advertising the sale of agricultural or seasonal products or the name of the agricultural business.

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.

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:

Subdivision identification signs.

Signs for home occupations.

Signs permitted in TC, MC, RH and AB Districts.

Signs permitted in hamlet districts.

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.

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.

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.

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.

Applications for a sign permit.

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.

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.

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.