Wawayanda, N.Y., Code of Ordinances ch. 104 (eCode360 ed. 2026) § 104-6
Authorization; site plan review
Operative Text
Any applicant desiring to develop a parcel of land pursuant to the provisions of this chapter shall be required to comply with the following: A. Authorization for development by the Town Board. (1) An applicant shall submit an application to the Town Board of the Town of Wawayanda for authority to develop a parcel of land pursuant to this chapter. Such application shall contain, at a minimum, the following: (a) A description of the property to be developed, its location within the Town and general land use of the surrounding neighborhoods, which shall demonstrate the relationship between the proposed development, existing traffic arteries, public transportation, available services and general development patterns. In addition, the applicant shall advise the Town Board whether or not its intent is to sell or to rent the proposed housing units. The application to the Town Board shall indicate the estimated costs of the project and shall demonstrate that the sales price or rental charges shall meet the criteria established pursuant to this chapter. In the event that the applicant seeks a modification of the design standards set forth under site plan review as hereinafter set forth, the applicant shall make such request at the time of the initial application to the Town Board of the Town of Wawayanda. (b) Upon receipt of a complete application, the Town may, at its discretion, schedule a public hearing prior to acting on the request of the applicant. In the event that the applicant has requested a modification of the design standards as hereinafter set forth, the Town Board shall not act upon the application until a public hearing has been held. (2) The Town Board shall, within 90 days after receipt of a fully completed application, determine whether or not the property of the applicant shall be authorized for development of affordable housing pursuant to this chapter. B. Site plan review by the Planning Board, or Town Board, if applicable: In the event that an applicant's property has been approved by the Town Board for development of affordable housing, the applicant shall thereafter be required to obtain site plan approval from the Planning Board, or Town Board, if applicable, of the Town of Wawayanda. The submission to the Planning Board, or Town Board, if applicable, shall comply with the requirements for site plan review as are set forth in Chapter 195 , Zoning, of the Town of Wawayanda, in effect at the time of application. Unless otherwise specified, the applicant shall be required to comply with the bulk and parking regulations set forth on the Schedule of Zoning District Regulations for the Planned Development District as the same are defined in Chapter 195 , Zoning, of the Town of Wawayanda, in effect as of the date of the adoption of this chapter, except that the Planning Board, or Town Board, if applicable, is authorized to reduce the requirements set forth on such schedule by no greater than 30% unless specifically authorized by the Town Board pursuant to the provisions set forth in Subsection A(1)(a) of this section.
Section 104-6 of Wawayanda's Code of Ordinances establishes a two-stage approval process for developing affordable housing under Chapter 104. First, a developer must apply to the Town Board, which has 90 days to decide whether to authorize the project; the application must describe the property, surrounding land uses, estimated costs, and whether units will be sold or rented at qualifying affordable prices. If the Town Board grants authorization, the developer must then obtain site plan approval from the Planning Board (or Town Board, if applicable), following the zoning standards in Chapter 195, with the reviewing board permitted to reduce bulk and parking requirements by up to 30% unless a greater reduction was specifically pre-authorized by the Town Board.
Plain English — not legal advice.
Operators pursuing affordable housing development in Wawayanda under § 104-6 generally prepare a thorough initial application to the Town Board that addresses property description, neighborhood context, traffic and services relationships, projected costs, and whether units will be offered for sale or rent at chapter-compliant prices. If a developer anticipates needing design standard modifications beyond the standard 30% reduction in bulk or parking requirements, that request must be included in the initial Town Board application — not raised later in the process. Once Town Board authorization is secured, compliant operators then proceed through site plan review before the Planning Board (or Town Board, if applicable), ensuring their submission meets the Chapter 195 zoning requirements in effect at the time.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 104-6 governs how affordable housing projects in Wawayanda are reviewed and approved, which directly affects the supply and pricing of rental and for-sale units available to residents. Because applicants must demonstrate at the Town Board stage that sales prices or rents will meet the affordability criteria established under Chapter 104, prospective tenants and housing advocates can monitor Town Board applications and any scheduled public hearings to understand what units may become available and at what cost. Tenants or community members with concerns about a specific project's compliance with these requirements may raise those concerns at a public hearing held under § 104-6, or consult a tenant-rights organization for guidance on how the approval process may affect housing options in the area.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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