A local law amending Chapter 112 of the Code of the
Town of Wawarsing entitled “Zoning”
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF
WAWARSING
Section 1. The Town Zoning Code was restructured in its entirety in 2009. Since
such time the Town has found errors and inconsistencies in the Code as adopted
and is desirous of making corrections and changes to correct these errors and
inconsistencies. The amendments made in this local law are consistent with the
Comprehensive Plan of the Town of Wawarsing. The Town Board therefore,
hereby amends Chapter 112 of the Code of the Town of Wawarsing as follows:
Section 2. Section 112-4 of the Zoning Law of the Town of Wawarsing, entitled
“Specific definitions,” is hereby amended by adding new definitions as follows, to
be placed in proper alphabetical order:
PUBLIC UTILITY FACILITY: An installation used by a Public Utility (see
definition UTILITY, PUBLIC) in connection with the furnishing of its franchised
or licensed public utility service. These facilities are generally of two
types: PUBLIC UTILITY LINES AND MAINS, and PUBLIC UTILITY
SUBSTATIONS (see definitions of each term). The term PUBLIC UTILITY
FACILITY excludes TELECOMMUNICATIONS FACILITIES, which are
regulated separately in this chapter. Nor shall the term PUBLIC UTILITY
FACILITY be deemed to authorize electric power plants, gas wells, natural gas
compression facilities or natural gas processing facilities.
PUBLIC UTILITY LINES AND MAINS: a type of PUBLIC UTILITY
FACILITY that may include lines, wires, conductors, pipes, ducts or similar manmade devices or systems used for transmitting or conveying signals, energy or
material above, on or under land outside the right-of-way of a public road. Utility
distribution facilities which serve individual customers are considered customary
accessory uses, and not public utility facilities.
PUBLIC UTILITY SUBSTATIONS: a type of PUBLIC UTILITY FACILITY
that may include electric or gas utility substations, transformer stations, water or
sewage pumping stations, and similar facilities designed to connect or
interconnect elements of public utility transmission, distribution, collection, or
transmission infrastructure by means of ground-based facilities within fenced
enclosures, and any buildings associated therewith.
Section 3. The Zoning Use Table (112 Attachment I) is hereby amended to add
the term “Public Utility Facilities*” to the column entitled “Principal Permitted
Uses” in all zoning districts, in order to show the use as a principal permitted use
in all districts, subject to Site Plan Approval by the Planning Board. A copy of the
proposed amended Use Schedule, as it would be amended by this Local Law, is
attached as Exhibit “A” to this Local Law.
Section 4. Section 112-8(B) is amended to read as follows:
If a proposed use is not specifically listed in any category of uses or within any
zoning district on the Schedule of District Regulations, the Zoning Board of
Appeals shall, following a public hearing, render a formal determination, as to
whether or not the use is permitted in a given district and if the use is permitted,
the Planning Board shall then process the application as a special use. The Zoning
Board of Appeals shall consult the Planning Board for recommendations in this
regard and shall make its determination on the basis of similarities of the use to
other specifically listed uses within various districts, taking into consideration the
impacts of the use on the community and the neighborhood in which it is
proposed. Any determination made under this section shall be filed with the Town
Clerk within five days. Any person aggrieved by the decision of the Zoning Board
of Appeals may apply to the Supreme Court for review by a proceeding under
Article 78 of the Civil Practice Laws and Rules.
Section 5. Section 112-10(A) shall be amended to read as follows:
Minimum development standards. The development standards contained
herein are minimums and shall apply to each dwelling unit unless
otherwise specifically provided. A two-family dwelling shall, for example,
require the equivalent of two minimum-sized lots insofar as lot area, as will
any two-dwelling units on the same property. Single studio apartments
occupied by immediate family members shall, however, be exempt from
this requirement. Multiple uses are permitted on a given lot, provided
development standards for the combined uses are met, including the
combined lot area and lot coverage. Yard requirements shall apply to the
lot perimeter in such instances, provided that building separations, if any,
meet state building code requirements. There shall, however be no more
than three (3) residences on any lot regardless of whether having more
than three (3) residences would comply with development standards.
Section 6. Section 112-11 of the zoning law, entitled “Height Restrictions,”
is hereby amended to read as follows:
112-11. Height Restrictions.
No building or structure shall exceed in building height the number of feet
permitted as a maximum on the Schedule of District Regulations. District
building/structure height regulations shall not apply to public
utility transmission or distribution poles, support structures, conductors,
cables, or similar structures operated by a public utility; The height of
telecommunications facilities is governed by the provisions of the
Telecommunications Facilities provisions of the code.
Section 7. The Supplemental Use Regulations of the Zoning Law are
amended by adding a new section, to be numbered 112-40.1, with text as
follows:
112-40.1 PUBLIC UTILITY SUBSTATIONS
The following requirements shall apply to the construction of Public Utility
Substations , and to expansions of existing facilities which expand the
fence line of an existing Substation. The purpose of site plan review is to
assure that the land-use elements of the facility (fencing, landscaping,
access) are integrated with the surrounding neighborhood in the best way
practicable.
1. Outdoor areas shall be suitably fenced in compliance with applicable
state and federal security requirements, with suitable safety signage.
2. Suitable access from the street shall be provided for inspection, repair,
and maintenance of security at the facility.
3. No buildings shall be permanently staffed or used as offices.
4. The facility shall provide suitable landscaping to soften views from
nearby neighbors, consistent with security needs for the facility.
5. Facility lighting shall avoid casting glare on surrounding
properties. Lighting shall be minimized consistent with security needs.
Section 8. Section 112-60(K) is amended to read as follows:
Permit issued hereunder shall expire shall expire after 24 months if the
applicant fails to complete the improvements as approved. An extension
from the day of expiration may be approved by the Building Inspector for
good cause (such as seasonal weather conditions), provided that an
extension of more than 12 months or subsequent extension of and length
of time shall require that uncompleted work be reviewed, constructed, and
inspected in accordance with the most current State Uniform Building
Code requirements for new permits.
Section 9. Section 112-62(C) is amended to read as follows:
The Town Board shall be responsible for directing enforcement of this
chapter for any enforcement action which is not within the jurisdiction of
the Town Justice Court.
Section 10. The Town Zoning Map shall be amended to reflect that Tax
Map Section 83.1 -1-17 shall be designated Business Highway.
Section 11. Severability
If any part or provision of this local law 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 Law or the
application thereof to other persons or circumstances. The Town hereby
declares that it would have enacted the remainder of this Law even without
such part or provision or application.
Section 12. Effective Date
This local law shall become effective immediately upon filing in the office of
the New York Secretary of State pursuant to section 27 of the Municipal
Home Rule Law.