In their interpretation and application, the
provisions of this chapter shall be held to be the minimum requirements
adopted for the promotion of the public health, safety, comfort, convenience
and general welfare. Except where specifically provided to the contrary,
it is not intended by this chapter to repeal, abrogate, annul or in
any way to impair or interfere with any rules, regulations or permits
previously adopted or issued or which shall be adopted or issued pursuant
to law relating to the use of buildings, structures, shelters or premises,
nor is it intended by this chapter to interfere with or abrogate or
annul any easements, covenants or other agreements between parties;
provided, however, that where this chapter imposes a greater restriction
upon the use of buildings or premises or requires larger open spaces
than are imposed or required by any other statute, ordinance, rule,
regulation or permit, or by any easement or agreement, the provisions
of this chapter shall control. In the event of any conflict between
any provisions of this chapter, the more restrictive provisions shall
control.
This chapter shall be known and may be cited
by the short title of the "2001 Zoning Law of the Town of Warwick,
New York."
In each instance in which a provision of this
chapter shall contradict or be inconsistent with a provision of the
Town of Warwick Municipal Code, the provisions contained in this chapter
shall govern and prevail.
A.
Eligibility. The Planning Board shall be empowered
to continue its consideration and determination of subdivision applications
now before the Board under the current Zoning Law known as the "2002
Zoning Law of the Town of Warwick, New York," and as thereafter amended,
in the following circumstances:
[Amended 11-18-2010 by L.L. No. 4-2010]
(1)
On the effective date of this Subsection A, the Town Attorney shall certify a list of all pending subdivision applications which have previously been made to the Town Planning Board and have obtained preliminary subdivision approval prior to February 18, 2010.
(2)
For the purpose of this section, a preliminary subdivision
application shall be deemed grandfathered only to the extent of lot
count (yield) and shall otherwise substantially meet the requirements
of the "2010 Zoning Law of the Town of Warwick, New York" and Planning
Board rules and regulations currently in effect.
B.
Due diligence.
(1)
The Planning Board and the applicant shall confer
within 45 days of the effective date of this chapter and make a written
determination of actions that are required to be completed, in order
to allow the Board to make its determination on the matters pending
before the Board, and a schedule for undertaking and completing such
actions.
(2)
It shall be the responsibility of each applicant whose
application is pending before the Board to appear at each meeting
or workshop of the Planning Board as scheduled.
(3)
In the event that action is not scheduled to be undertaken
upon an application at a Planning Board meeting, or if the applicant
does not appear to report upon the status of the application, the
applicant shall submit to the Planning Board a written statement prior
to the meeting, indicating the current status of all items related
to the application pending before the Board and the reason, if any,
that no action could be taken at that Board meeting.
(4)
Failure to appear before the Board at any regularly
scheduled meeting, or in lieu of appearance, to submit a written status
report in a timely manner that reasonably explains the applicant's
failure to appear, shall be presumed to be a withdrawal of the pending
application, and the application shall be deemed withdrawn at the
conclusion of such meeting, with prejudice to its submission under
the provision of this section.
C.
Filing deadline. The terms of the 2002 Zoning Law of the Town of Warwick, New York in effect at the time of acceptance of any final conditionally approved subdivision, site plan or special use permit application that is still pending before the Planning Board under the provisions of this section must receive complete approval by the Planning Board and have a map filed, as the case may dictate, in the Town Clerk's office or the Orange County Clerk's office by January 1, 2024. After such time, all such applications shall be subject to the Zoning Law then in effect, unless such application has been filed in sections as per § 137-12D of the Town Subdivision Regulations.
[Amended 11-18-2010 by L.L. No. 4-2010; 10-25-2012 by L.L. No. 3-2012; 2-13-2014 by L.L. No. 2-2014; 12-30-2014 by L.L. No. 7-2014; 10-27-2016 by L.L. No. 4-2016; 2-14-2019 by L.L. No. 1-2019; 5-13-2021 by L.L. No. 2-2021; 12-15-2022 by L.L. No. 7-2022]
D.
Construction deadline. All permits issued under the
2002 Zoning Law of the Town of Warwick, New York, shall expire unless
construction shall have been diligently prosecuted within four years
of the date of the adoption of this chapter. Any extensions may be
granted on approval of the Building Inspector for an additional eighteen-month
period. After such time, all such permits shall be subject to the
Zoning Law then in effect, unless the Planning Board finds just cause
for additional extensions.
[Amended 11-18-2010 by L.L. No. 4-2010; 10-25-2012 by L.L. No.
3-2012; 2-13-2014 by L.L. No. 2-2014; 12-30-2014 by L.L. No.
7-2014]
A.
Purpose. The Town of Warwick finds that each residential
unit developed in the Town contributes to the need for parks, playgrounds,
and recreational facilities. The Town has chosen to develop an overall
recreational plan on a Town-wide basis to better serve the need for
park or recreational needs in all neighborhoods of the Town. Therefore,
the Town shall require fees in lieu of land in all cases, either for
new residential lots or new residential units approved in site plans.
Such fees, as may be set from time to time by resolution of the Town
Board, shall be due at the time of approval.
B.
Nothing herein shall prevent the Town Board from accepting
land in lieu of fees, or waiving or partially waiving such fees in
appropriate cases.
A.
Where the Board finds that compliance with the subdivision
or site design standards or guidelines herein would cause unusual
hardship or extraordinary difficulties due to exceptional conditions
of topography, access, location, shape, or other physical features
of the site, the minimum requirements of these regulations may be
waived or modified in order to mitigate the hardship, provided that
the public interest is protected, the subdivision or site plan is
in keeping with the general spirit and intent of these regulations
and full compliance with SEQR is still provided.
B.
No such waiver or modification may be granted if it
would have the effect of nullifying the intent and purpose of this
chapter, the Comprehensive Plan[1] or these regulations. No waiver or modification may be
granted of a bulk or use regulation, a special use permit condition,
a regulation of general applicability or any matter a waiver of which
is specifically prohibited in these regulations or other provisions
of the Town of Warwick Code.
[Amended 1-24-2002 by L.L. No. 2-2002]
[1]
Editor's Note: The Comprehensive Plan is on
file in the office of the Town Clerk.
C.
The Board may, in granting waivers of modifications
to these subdivision or site design standards or guidelines herein,
incorporate such reasonable conditions as will, in its judgment, substantially
secure the objectives of the requirements so waived.
D.
No waiver or modification may be deemed approved or
granted by implication. All waivers and modifications must be expressly
set forth in the minutes of the Board.
[Added 1-24-2002 by L.L. No. 2-2002;
amended 9-11-2003 by L.L. No. 4-2003]
A.
Purpose. Ordinary Town review processes may cause
significant delay and may even preclude existing businesses and residences
from continuing to function when unexpected and sudden disasters require
relocation or other immediate changes in operations. These rules are
intended to allow for the continuation of lawfully existing businesses
and residences following disasters, while providing interim standards
for protecting the health, safety, and general welfare of the people.
B.
Permit requirements. A temporary six-month permit
may be issued by the Town of Warwick Building Department for lawfully
existing business or residential uses and/or facilities following
a disaster in accordance with the rules and conditions stated herein.
Any such permit shall be revocable in the event of any imminent danger
or following notice and a hearing.
(1)
The use must be a lawfully existing use in the
zoning district.
(2)
The need for temporary use of facilities must
be occasioned by fire, flood, wind, or similar catastrophic forces.
(3)
The temporary use must have reasonable facilities
for parking, access, safety, and other regulatory requirements as
determined by the Building Department upon consultation with professional
staff.
(4)
No new permanent buildings or structures shall
be constructed pursuant to a temporary permit.
(5)
No such use shall continue for a period in excess
of six months unless formal application is made within three months
of the commencement of such uses.
(6)
No rights shall accrue to the temporary use
of facilities as a result of the issuance of a temporary permit.
