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Town of Lumberland

Zoning Law

1.0 GENERAL PROVISIONS
1.1 Title.

This document shall be known and may be cited as the "Town of Lumberland Zoning Law".

1.2 Purpose.

The purpose of this Zoning Law, its regulations and its zoning districts as outlined on the zoning map is to provide for orderly growth in accordance with a comprehensive plan, to lessen congestion in streets, to secure safety from fire, flood, and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, to make provision for, in so far as conditions permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefore, to facilitate the adequate provisions of transportation, water, sewage, schools, parks and other public requirements, and to promote the health, safety and general welfare of the public.

1.3 Repeal and Replacement.

This law, upon its effective date, shall repeal, in its entirety , the Town of Lumberland Zoning Law adopted in 1985 and all subsequent thereto, replacing said Law with this new Zoning Law.

1.4 Effective Date.

This law shall take effective immediately upon filing in the Office of Secretary of State.

1.5 Authority and Supersession.

This law regulates, by district, the use of land, buildings and structures in the Town of Lumberland in the County of Sullivan.  It further provides for the administration and enforcement of these regulations and fixes penalties for this violation.  It is adopted under the authority of Article 16 of the New York State Town Law as well as Municipal Home Rule Law and shall be known as the "Town of Lumberland Zoning Law".  It is also, pursuant to the authority granted under Section 10 of the Municipal Home Rule Law, the intent of this local law to amend and supersede Sections 130, 274(a), 274(b), 267, 276, 277, and 278 of Town Law to permit the coordinated and comprehensive regulation of mobile homes, and mobile home parks, campgrounds and recreational parks, multi-family dwellings, planned unit developments, junkyards and conservation subdivisions and specifically to allow:

1.5.1 The coordination and combination of subdivision and zoning controls as they pertain to multi-family dwellings, planned unit developments and conservation subdivisions.
1.5.2 The integration of junkyards, campground and recreational vehicle park and mobile home park regulations adopted pursuant to Section 130 of the Town Law with site plan and special use review criteria adopted pursuant to Sections 274(a) and 274(b) of the Town Law.
1.5.3 The establishment of procedures for the creation of flood zones for planned unit developments.
1.5.4 The establishment of special and site plan review procedures which provide SEQRA action following public hearings rather than before, the use of preliminary site plans and employment of renewable special use permits.
1.5.5 Authorization for the Planning Board to require the use of the conservation subdivision technique.
1.5.6 Establishment of a procedure for the designation of alternate members on the Zoning Board of Appeals.
1.6 Conflicts and Interpretation.

In the interpretation and the application of the provisions of this law, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare.  It is not intended to interfere with the abrogate or annul other laws, rules, regulations, laws or private covenants, provided that where this law imposes greater restrictions upon the use of buildings or premises or upon the height or bulk or a building or requires larger open spaces, the provisions of this law shall apply.  In the event of a conflict in any terms or conditions of this law, the more restrictive provisions shall apply.

1.7 Severability

Should any provisions of this law be judged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of this law and it is hereby declared that the Town Board would have enacted the remainder of this law had such provision not been included.

1.8 Amendments
This law may be amended from time to time by the Town Board pursuant to the provisions of the New York State Town Law and the Municipal Home Rule Law.
 

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