A.
Permitted uses.
(1)
One-family detached dwellings, not to exceed one such
dwelling per lot.
(2)
Growing of crops, orchards, and the grazing of livestock, and appurtenant structures customarily associated with agricultural use, including, but not limited to, barns, greenhouses, and equipment sheds. Notwithstanding anything contained in § 249-3 of this Code, accessory structures on properties within this zone may be sized as follows:
(a)
Up to 784 square feet with a five-foot setback from all property
lines;
(b)
Between 785 and 1,400 square feet with a ten-foot setback from
all property lines;
(c)
Between 1,401 and 1,800 square feet with a fifteen-foot setback
from all property lines.
[1]
Editor's Note: This local law also provided that it would
apply to all properties and property applications within the Town
of Wallkill that were pending as of 10-10-2013 and thereafter.
(3)
Buildings, structures and uses owned and operated
by the Town of Wallkill.
(4)
On lots which have the ability (enough acreage) to
be subdivided, in accordance with the environmental control formula,
a second detached dwelling shall be permitted.
B.
Accessory uses.
(1)
The keeping of livestock, other than pigs and mink.
[Amended 12-11-1997 by L.L. No. 8-1997]
(a)
The minimum lot size for the keeping of livestock
shall be 80,000 square feet for up to one such animal. One additional
livestock may be kept for each additional 40,000 square feet of lot
size.
(b)
No structure for such use shall be located nearer
than 100 feet to any property line nor nearer than 200 feet to any
residential district line, except where said structure is 26 feet
or less in height, measured from the ground to its highest point,
in which case said structure shall not be located any nearer than
50 feet to any property line nor nearer than 100 feet to any residential
district line.
[Amended 11-14-2002 by L.L. No. 9-2002]
(c)
The keeping of pigs and/or mink is not authorized
by this section but, where now existing as a nonconforming use, may
be continued under the restrictions imposed by the ordinance entitled,
"Ordinance Regulating the Keeping of Swine or Mink in the Town of
Wallkill, Orange County," dated August 13, 1959,[2] and the regulations for keeping pigs for home consumption,
on farm premises, as stated therein, continue to apply.
(2)
The keeping of fowl.
(a)
The minimum lot size shall be 10 acres, except
where no more than six fowl are kept for noncommercial purposes, in
which case the minimum lot size shall be 80,000 square feet.
[Amended 11-14-2002 by L.L. No. 9-2002]
(b)
No structure for such use shall be located nearer
than 100 feet to any property line nor nearer than 200 feet to any
residential district line.[3]
[3]
Editor's Note: Former Subsection B(3), regarding
the keeping of domestic animals other than dogs or cats, which immediately
followed, was repealed 12-11-1997 by L.L. No. 8-1997.
(3)
The keeping of dogs, cats or rabbits. Not more than
six dogs, cats or rabbits over six months old may be harbored per
dwelling unit.
[Amended 12-11-1997 by L.L. No. 8-1997]
(4)
The sale of agricultural products on the premises
where the principal use is agriculture may be conducted within a seasonal
roadside stand located on such premises.
(5)
A veterinary hospital, in conjunction with a permitted
agricultural operation.
[Amended 12-27-1990 by L.L. No. 18-1990]
(6)
The outside storage of farm and earthmoving equipment,
provided that such equipment is kept beyond the required minimum front
yard.
(7)
Private garage.
(8)
The renting of rooms, by a resident family, in a one-family
dwelling for rooming or boarding purposes only. Accommodations by
no more than four roomers can be provided in each dwelling.
(9)
In conjunction with a permitted use or an existing
nonconforming use, one truck trailer may be placed on a parcel to
be used for storage purposes only. The placement of the truck trailers
must meet all applicable setback requirements, and they must be so
placed as to not cause an unnecessarily adverse effect on the use
and enjoyment of any adjacent properties, except that, in conjunction
with an agricultural farm use, the total number of such truck trailers
permitted per parcel will be based on the functionability of the site
and the plan submitted.
[Added 2-25-1988 by L.L. No. 4-1988]
(a)
A site plan must be submitted and approved by
the Town Planner prior to any such storage truck trailer being placed
on a property. Said site plan shall contain such maps as are necessary
to show the proposed locations and their relationship to the existing
structures, off-street parking and vehicular and pedestrian access.
(b)
Such approvals shall be valid for one year from
the date of approval. They may be renewed for additional one-year
periods.
(c)
No hazardous materials shall be placed or stored
in any such storage truck trailers.
(d)
All such storage truck trailers shall remain
legally registered and mounted on their wheels.
(10)
In conjunction with a permitted one-family detached
dwelling, one residential trailer may be placed on a working farm
of 100 acres or over for the purpose of housing farm workers. The
placement of the trailer must meet all applicable setback requirements;
meet the requirements of the environmental control formula for septic
systems and have adequate water supply. The trailer shall be placed
so as not to cause an adverse effect on the use and enjoyment of any
adjacent properties. In no case shall there be more than one trailer
per farm. The trailer must be removed in the event the farm use terminates
and/or the farm no longer requires the housing of farm workers.
[Added 7-30-1990 by L.L. No. 9-1990; amended 7-26-2007 by L.L. No. 15-2007]
(a)
A site plan must be submitted and approved by
the Town Planner and Town Engineer prior to the placement of any such
trailer on a property. Said site plan shall show the proposed trailer
location and its relationship to the existing structure or structures,
off-street parking and vehicular and pedestrian access. The site plan
must also show the septic system, septic system design details, water
supply, well and associated details.
C.
Special permit uses and uses subject to plan approval by the Planning Board in accordance with the provisions of Article XI herein.
[Amended 2-11-1982 by L.L. No. 1-1982; 12-27-1990 by L.L. No. 18-1990; 7-24-2003 by L.L. No. 6-2003; 11-13-2003 by L.L. No. 13-2003; 11-30-2005 by L.L. No. 12-2005; 1-25-2007 by L.L. No. 3-2007; 12-12-2013 by L.L. No. 4-2013]
(1)
Public utility structures, buildings and rights-of-way necessary
to serve areas within the Town, excluding business offices, repair
facilities or equipment storage areas.
(3)
Camps.
(a)
The minimum gross area to establish a campground site shall
be 100 acres. No more than 75 campsites shall be permitted the first
100 acres of campgrounds. The same ratio of one campsite per 1.33
acres shall apply to campgrounds consisting of property in excess
of 100 acres.
[Amended 8-26-2021 by L.L. No. 6-2021]
(b)
No building, tent, activity area or recreation facility shall
be located nearer than 100 feet to any property line.
(c)
Restrooms, pool houses. pavilions, camp management buildings
and recreational facilities within the campgrounds shall not have
an aggregate square footage of more than 0.5% of the total acreage
of the campgrounds. By way of illustration, if the campgrounds consist
of 100 acres (4,356,000 square feet), the combined square footage
of all of the aforesaid facilities would not exceed 21,780 square
feet.
(d)
No existing permitted campgrounds which are operating as of
the effective date of this amendment shall be affected hereby.
(4)
Public, or private, recreation facilities and open space, other than
for a single-family residence, including playgrounds, swimming pools,
lakes, golf courses and clubhouse, including the sale of food and
drink, provided that:
(a)
Such use shall occupy a lot with an area of not less than two
acres.
(b)
No building or structure shall be erected nearer than 50 feet
to any lot line.
(c)
Plans for all outdoor public address systems are approved by
the Planning Board.
(d)
Plans for lighting of outdoor recreational facilities are approved
by the Planning Board.
(5)
Mining, loading and hauling of sand, gravel, topsoil or other aggregate.
Such operation shall not include equipment or structures for screening,
crushing or washing, except as may be specifically authorized for
a limited time.
(6)
Cemeteries.
(a)
The minimum lot size, when not accessory to a place of worship,
shall be three acres.
[Amended 8-26-2021 by L.L. No. 6-2021]
(8)
Home occupations.
(a)
All approvals shall be granted as revocable permits. Such permits
may be reviewed at any time by the Planning Board to ensure total
compliance with the spirit and intent of the Zoning Law.
(b)
No display of goods shall be visible from the street.
(c)
The premises shall not be used in any manner so as to cause
injury or disturbance to the surrounding properties, their owners
or occupants.
(d)
No person, outside the resident family, shall be employed in
the home occupation.
(e)
No offensive noise, vibration, smoke, dust, odors, heat or glare
shall be produced or allowed on the premises.
(f)
The occupation shall not occupy more than 1/2 of the ground
floor area of the dwelling or its equivalent elsewhere in the dwelling
if so used.
(9)
Two-family dwellings.
(a)
No more than one such dwelling may be placed on a lot.
(b)
Upon sketch plat submission, the Planning Board shall set the
allowable percentage of two-family homes in each subdivision.
(c)
The following lot and building standards shall apply to two-family
houses:
[1]
Lot and building standards. Minimum required:
|
Lot width
|
250 feet
| |
|
Lot depth
|
300 feet
| |
|
Lot frontage
|
50 feet
| |
|
Front yard
|
40 feet
| |
|
Rear yard
|
50 feet
| |
|
One side yard
|
30 feet
| |
|
Both side yards
|
80 feet
| |
|
Floor area
|
1,200 square feet
| |
|
Maximum lot coverage
|
20%
| |
|
Maximum building height
|
35 feet
|
[2]
The minimum required lot size shall be arrived at in accord with § 249-19D(2).
D.
Lot and building standards for the RA District. See § 249-80, Conservation subdivisions, for lot and building standards specific to conservation subdivisions.
[Amended 11-14-2002 by L.L. No. 9-2002; 12-12-2002 by L.L. No. 14-2002; 11-30-2005 by L.L. No. 12-2005;[4] 7-26-2007 by L.L. No. 15-2007; 12-9-2009 by L.L. No. 8-2009]
(1)
Minimum required.
|
Minimum
| ||
|
Lot area
|
Arrived at using the environmental control formula,
but not to be less than 2 acres
| |
|
Floor area
|
1,000 square feet
| |
|
Lot width
|
200 feet
| |
|
Lot depth
|
300 feet
| |
|
Front yard
|
60 feet
| |
|
Rear yard
|
70 feet
| |
|
One side yard
|
40 feet
| |
|
Both side yards
|
100 feet
| |
|
Lot frontage
|
200 feet
| |
|
Maximum permitted
| ||
|
Lot coverage
|
20%
| |
|
Building height
|
35 feet
| |
(2)
Soil factors and lot size information.
|
Type I Subdivision
Conventional Subdivisions
| |||
|---|---|---|---|
|
Group
|
Environmental Factor
|
Minimum Lot Size
(acres)
| |
|
I
|
1.00
|
3
| |
|
II
|
0.68
|
3
| |
|
III
|
0.50
|
3
| |
|
IV
|
0.36
|
3
| |
|
V
|
0.34
|
3
| |
|
VI
|
0.34
|
3
| |
|
VII
|
0.17
|
4.5
| |
|
VIII
|
0.17
|
4.5
| |
|
IX
|
0.09
|
No septic
| |
|
X
|
0.05
|
No septic
| |
|
XI
|
0.09
|
8.7
| |
|
XII
|
0.17
|
No septic
| |
|
XIII
|
0.09
|
No septic
| |
|
XIV
|
0.05
|
No septic
| |
|
XV
|
0.05
|
No septic
| |
|
Type II Subdivision
Conservation Subdivisions
| |||
|---|---|---|---|
|
Group
|
Environmental Factor
|
Minimum Lot Size
(acres)
| |
|
I
|
2
|
2
| |
|
II
|
1.35
|
2
| |
|
III
|
1
|
2
| |
|
IV
|
0.71
|
2
| |
|
V
|
0.67
|
2
| |
|
VI
|
0.67
|
2
| |
|
VII
|
0.33
|
3
| |
|
VIII
|
0.33
|
3
| |
|
IX
|
0.17
|
No septic
| |
|
X
|
0.1
|
No septic
| |
|
XI
|
0.17
|
5.8
| |
|
XII
|
0.33
|
No septic
| |
|
XIII
|
0.17
|
No septic
| |
|
XIV
|
0.1
|
No septic
| |
|
XV
|
0.1
|
No septic
| |
|
Notes:
All Type I subdivisions shall adhere to the regulations of this section. Applications for Type II subdivisions shall adhere to the regulations set forth within the Town of Wallkill's Conservation Subdivision Law (see § 249-80).
| |
|
Parcels within the RA District under single
ownership and identified on the Tax Map of the Town of Wallkill dated
September 1, 2005, of less than 10 acres in size may be developed
using the Type II subdivision calculations for conventional or conservation
subdivisions.
|
|
Soils Reference Table
| |||
|---|---|---|---|
|
Group
|
Local Classification Code
|
Standard Classification Code
| |
|
I
|
1A, 1B, 1C, 2A, 2B, 2C, 9A, 9B, 9C, 10A, 10B, 10C, 13A, 13B,
13C, 104, 105
|
CnA, CnB, CnC, Du, HoA, HoB, HoC, OkB, OtB, OtC, Pg, RhA, RhB,
RhC, UH
| |
|
II
|
78A, 78B, 79A, 79B
|
AdB, UnB
| |
|
III
|
38C, 39B, 39C, 63B, 63C
|
PtB, PtC
| |
|
IV
|
5A, 5B, 20B, 20C, 35A, 35B, 35C, 40B, 40C, 41B, 41C, 64B, 64C
|
CgA, CgB, MdB, MdC, PtP, SwB, SwC, WuB
| |
|
V
|
80A, 80B, 84B
|
ScA, ScB
| |
|
VI
|
22AC, 65AC, 77B, 77C, 020BC
|
BnB, BnC, SxC, SXC
| |
|
VII
|
4A, 4B, 7, 25A, 25B, 42A, 42B, 81, 85A, 85B, 025B
|
ErA, ERB, ErB, ESB, Fd, Ra, RbB, SEB
| |
|
VIII
|
3A, 3B, 3C, 48B, 75AB, 070BC, 48C, 071BC, 073AC, 074AC, 077AC,
080AB
|
ANC, HLC, RSB
| |
|
IX
|
8, 26, 43, 82, 83, 86, 87, 97, 98, 026
|
AB, Ab, Ac, AC, Ca, Ha, Ma, Sb
| |
|
X
|
88, 89, 91, 92, 93, 99, 100, 101, 193
|
My, Su, Tg, Uf, UF, Wd
| |
|
XI
|
78C, 79C, 84C, 076AC
|
RkC, RKC, UnC
| |
|
XII
|
1D, 9D, 13D, 20D, 22DE, 38D, 39D, 40D, 64D, 65DE, 77D, 020DE,
070DE, 071DE, 074DE, 075DE, 076DE, 077DE
|
AND, HoD, MdD, NaD, OtD, PtD, Qu, RhD, RKD, RMD, RSD, RSO, SXD
| |
|
XIII
|
01E, 20E, 22F, 40E, 65F, 84D, 020F, 071F, 074F, 076F, 077F
|
MNE, OVE, RKF, RSF
| |
|
XIV
|
94, 96, 194, 197, 294, 295
|
Cd, Ce, Pa, Pb
| |
|
XV
|
103
|
Cf, HH, W
| |
(3)
Environmental control formula. Multiply the number
of acres of each soil group found on the property by its corresponding
Environmental Factor number to determine the number of building lots,
as follows:
[Amended 12-9-2009 by L.L. No. 8-2009]
|
Environmental Control Formula
| ||||||
|---|---|---|---|---|---|---|
|
Soil Type
|
Soil Group
|
Acres
|
x
|
Environmental Factor
|
=
|
No. of Lots
|
|
Total Acres:
|
Total Number of Lots:
| |||||
|
NOTE: Soil maps of the Town of Wallkill are on file at the Town
Hall. Fractional results for the total number of lots should be rounded
down to the next whole number.
| ||||||
(4)
Procedure for determining the maximum number of lots
permitted.
(a)
Select soil types which are found on your site,
and thereby the soil group.
(b)
Calculate and enter the acreage in each soil
group.
(c)
Enter the environmental factor for each soil
group.
(d)
Multiply each environmental factor by the acreage
in each soil group.
(e)
Total the environmental acreage quotas. This
is the maximum number of lots permitted.
(5)
Procedure for determining the minimum lot size.
(a)
Delineate the various soil types and soil groups
on the subdivision plat.
(b)
The lot size shall be determined by establishing
which soil type, and thereby which soil group, the proposed septic
system is being placed on.
[1]
To obtain the various lot sizes, use Subsection D(2), "Minimum Lot Size." (i.e., If the septic system is on a Group IV soil, the minimum lot size would be 3 acres.)
[2]
If the proposed septic system is on two or more
different soil groups, the minimum lot size for the most restrictive
soil group shall be utilized.
[4]
Editor’s Note: This local law also provided
that it shall not apply to properties which had applications that
were pending relating to construction of three or more new residential
dwelling units and which applications had received, prior to 11-30-2005,
preliminary or final site plan, subdivision, special permit or variance
approvals, or which had received a SEQRA determination of no significant
impact on the environment or for which a draft environmental impact
statement had been accepted by the SEQRA lead agency.
[Added 7-26-2007 by L.L. No. 15-2007]
A.
Purpose. The RA-1 District is intended to provide
areas of the Town of Wallkill for agricultural and farming operations.
B.
Permitted uses.
C.
Special permit uses.
(1)
Schools and educational institutions.
(2)
Commercial recreation.
(3)
Cemeteries.
(a)
The minimum lot size, when not accessory to
a place of worship, shall be three acres.
[Amended 8-26-2021 by L.L. No. 6-2021]
(4)
Home occupations.
(a)
All approvals shall be granted as revocable
permits. Such permits may be reviewed at any time by the Planning
Board to ensure total compliance with the spirit and intent of the
Zoning Law.
(b)
No display of goods shall be visible from the
street.
(c)
The premises shall not be used in any manner
so as to cause injury or disturbance to the surrounding properties,
their owners or occupants.
(d)
No person, outside the resident family, shall
be employed in the home occupation.
(e)
No offensive noise, vibration, smoke, dust,
odors, heat or glare shall be produced or allowed on the premises.
(f)
The occupation shall not occupy more than 1/2
of the ground floor area of the dwelling or its equivalent elsewhere
in the dwelling if so used.
(5)
Dog kennels.
(a)
The minimum lot size shall be 10 acres, except
where no more than six animals are kept, in which case the minimum
lot size shall be 80,000 square feet;
(b)
No structure for such use shall be located nearer
than 100 feet to any property line, nor nearer than 200 feet to any
residential district line;
(c)
Said uses shall be screened and fenced from
all surrounding properties;
(d)
All animals shall be confined in suitably enclosed
and ventilated buildings between the hours of sunset and 7:00 a.m.
D.
Accessory uses and structures.
(1)
The keeping of livestock, other than pigs and
mink.
(a)
The minimum lot size for the keeping of livestock
shall be 80,000 square feet for up to one such animal. One additional
livestock may be kept for each additional 40,000 square feet of lot
size.
(b)
No structure for such use shall be located nearer
than 100 feet to any property line, nor nearer than 200 feet to any
residential district line, except where said structure is 26 feet
or less in height, measured from the ground to its highest point,
in which case said structure shall not be located any nearer than
50 feet to any property line, nor nearer than 100 feet to any residential
district line.
(c)
The keeping of pigs and/or mink is not authorized
by this section, but where now existing as a nonconforming use may
be continued under the restrictions imposed by the ordinance entitled,
"Ordinance Regulating the Keeping of Swine or Mink in the Town of
Wallkill, Orange County," dated August 13, 1959,[1] and the regulations for keeping pigs for home consumption,
on farm premises, as stated therein, continue to apply.
(2)
Keeping of fowl.
(a)
The minimum lot size shall be 10 acres, except
where no more than six fowl are kept for noncommercial purposes, in
which case the minimum lot size shall be 80,000 square feet.
(b)
No structure for such use shall be located nearer
than 100 feet to any property line, nor nearer than 200 feet to any
residential district line.
(3)
The sale of agricultural products on the premises
where the principal use is agriculture may be conducted within a seasonal
roadside stand located on such premises.
(4)
(5)
The outside storage of farm and earthmoving
equipment, provided that such equipment is kept beyond the required
minimum front yard.
(6)
Private garage.
(7)
The renting of rooms, by a resident family,
in a one-family dwelling for rooming or boarding purposes only. Accommodation
by no more than two boarders can be provided in each dwelling.
[Amended 10-11-2012 by L.L. No. 7-2012]
(8)
In conjunction with a permitted use or an existing
nonconforming use, one truck trailer may be placed on a parcel to
be used for storage purposes only. The placement of the truck trailers
must meet all applicable setback requirements, and they must be so
placed as to not cause an unnecessarily adverse effect on the use
and enjoyment of any adjacent properties, except that, in conjunction
with an agricultural farm use, the total number of such truck trailers
permitted per parcel will be based on the functionability of the site
and the plan submitted.
(a)
A site plan must be submitted and approved by
the Town Engineer prior to any such storage truck trailer being placed
on a property. Said site plan shall contain such maps as are necessary
to show the proposed locations and their relationship to the existing
structures, off-street parking and vehicular and pedestrian access.
(b)
Such approvals shall be valid for one year from
the date of approval. They may be renewed for additional one-year
periods.
(c)
No hazardous materials shall be placed or stored
in any such storage truck trailers.
(d)
All such storage truck trailers shall remain
legally registered and mounted on their wheels.
(9)
In conjunction with a permitted one-family detached
dwelling, one residential trailer may be placed on a working farm
of 100 acres or over for the purpose of housing farm workers. The
placement of the trailer must meet all applicable setback requirements;
meet the requirements of the environmental control formula for septic
systems and have adequate water supply. The trailer shall be placed
so as not to cause an adverse effect on the use and enjoyment of any
adjacent properties. In no case shall there be more than one trailer
per farm. The trailer must be removed in the event the farm use terminates
and/or the farm no longer requires the housing of farm workers.
(a)
A site plan must be submitted and approved by
the Town Planner and Town Engineer prior to the placement of any such
trailer on a property. Said site plan shall show the proposed trailer
location and its relationship to the existing structure or structures,
off-street parking and vehicular and pedestrian access. The site plan
must also show the septic system, septic system design details, water
supply, well and associated details.
E.
Lot and building standards for the RA-1 District. See § 249-80, Conservation subdivisions, for lot and building standards specific to conservation subdivisions.
[Amended 12-9-2009 by L.L. No. 8-2009]
(1)
Minimum required.
|
Minimum required
| ||
|
Lot area (acres)
|
Per environmental control formula, but not less
than 5 acres (Type I) and 3 acres (Type II)
| |
|
Floor area (square feet)
|
1,000
| |
|
Lot width (feet)
|
250
| |
|
Lot depth (feet)
|
300
| |
|
Front yard (feet)
|
60
| |
|
Rear yard (feet)
|
70
| |
|
One side yard (feet)
|
40
| |
|
Both side yards (feet)
|
100
| |
|
Lot frontage
|
250
| |
|
Maximum permitted
| ||
|
Lot coverage
|
20%
| |
|
Height (feet)
|
35
| |
(2)
Soil factors and lot size information.
(a)
Type I lots, Conventional:
|
Group
|
Environmental Factor
|
Minimum Lot Size
| |
|---|---|---|---|
|
I
|
0.33
|
5
| |
|
II
|
0.22
|
5
| |
|
III
|
0.17
|
5
| |
|
IV
|
0.12
|
5
| |
|
V
|
0.11
|
5
| |
|
VI
|
0.11
|
5
| |
|
VII
|
0.06
|
7.5
| |
|
VIII
|
0.06
|
7.5
| |
|
IX
|
0.03
|
No Septic
| |
|
X
|
0.02
|
No Septic
| |
|
XI
|
0.03
|
14.5
| |
|
XII
|
0.06
|
No Septic
| |
|
XIII
|
0.03
|
No Septic
| |
|
XIV
|
0.02
|
No Septic
| |
|
XV
|
0.02
|
No Septic
|
(b)
Type II lots, Conservation:
|
Group
|
Environmental Factor
|
Minimum Lot Size
| |
|---|---|---|---|
|
I
|
0.66
|
3
| |
|
II
|
0.45
|
3
| |
|
III
|
0.33
|
3
| |
|
IV
|
0.24
|
3
| |
|
V
|
0.22
|
3
| |
|
VI
|
0.22
|
3
| |
|
VII
|
0.11
|
4.5
| |
|
VIII
|
0.11
|
4.5
| |
|
IX
|
0.06
|
No Septic
| |
|
X
|
0.03
|
No Septic
| |
|
XI
|
0.06
|
8.7
| |
|
XII
|
0.11
|
No Septic
| |
|
XIII
|
0.06
|
No Septic
| |
|
XIV
|
0.03
|
No Septic
| |
|
XV
|
0.03
|
No Septic
|
(d)
Soils reference table.
|
Group
|
Local Classification Code
|
Standard Classification Code
| |
|---|---|---|---|
|
I
|
1A, 1B, 1C, 2A, 2B, 2C, 9A, 9B, 9C, 10A, 10B, 10C, 13A, 13B,
13C, 104, 105
|
CnA, CnB, CnC, Du, HoA, HoB, HoC, OkB, OtB, OtC, Pg, RhA, RhB,
RhC, UH
| |
|
II
|
78A, 78B, 79A, 79B
|
AdB, UnB
| |
|
III
|
38C, 39B, 39C, 63B, 63C
|
PtB, PtC
| |
|
IV
|
5A, 5B, 20B, 20C, 35A, 35B, 35C, 40B, 40C, 41B, 41C, 64B, 64C
|
CgA, CgB, MdB, MdC, PtP, SwB, SwC, WuB
| |
|
V
|
80A, 80B, 84B
|
ScA, ScB
| |
|
VI
|
22AC, 65AC, 77B, 77C, 020BC
|
BnB, BnC, SxC, SXC
| |
|
VII
|
4A, 4B, 7, 25A, 25B, 42A, 42B, 81, 85A, 85B, 025B
|
ErA, ERB, ErB, ESB, Fd, Ra, RbB, SEB
| |
|
VIII
|
3A, 3B, 3C, 48B, 75AB, 070BC, 48C, 071BC, 073AC, 074AC, 077AC,
080AB
|
ANC, HLC, RSB
| |
|
IX
|
8, 26, 43, 82, 83, 86, 87, 97, 98, 026
|
AB, Ab, Ac, AC, Ca, Ha, Ma, Sb
| |
|
X
|
88, 89, 91, 92, 93, 99, 100, 101, 193
|
My, Su, Tg, Uf, UF, Wd
| |
|
XI
|
78C, 79C, 84C, 076AC
|
RkC, RKC, UnC
| |
|
XII
|
1D, 9D, 13D, 20D, 22DE, 38D, 39D, 40D, 64D, 65DE, 77D, 020DE,
070DE, 071DE, 074DE, 075DE, 076DE, 077DE
|
AND, HoD, MdD, NaD, OtD, PtD, Qu, RhD, RKD, RMD, RSD, RSO, SXD
| |
|
XIII
|
01E, 20E, 22F, 40E, 65F, 84D, 020F, 071F, 074F, 076F, 077F
|
MNE, OVE, RKF, RSF
| |
|
XIV
|
94, 96, 194, 197, 294, 295
|
Cd, Ce, Pa, Pb
| |
|
XV
|
103
|
Cf, HH, W
|
(3)
Environmental control formula. Multiply the number of acres of each
soil group found on the property by its corresponding Environmental
Factor number to determine the number of building lots, as follows:
[Added 12-9-2009 by L.L. No. 8-2009]
|
Environmental Control Formula
| ||||||
|---|---|---|---|---|---|---|
|
Soil Type
|
Soil Group
|
Acres
|
x
|
Environmental Factor
|
=
|
No. of Lots
|
|
Total Acres:
|
Total Number of Lots:
| |||||
|
NOTE: Soil maps of the Town of Wallkill are on file at the Town
Hall. Fractional results for the total number of lots should be rounded
down to the next whole number.
| ||||||
B.
Accessory uses.
(1)
The keeping of livestock, other than pigs and mink.
(a)
The minimum lot size shall be 20 acres, except
for the keeping of horses, wherein the minimum lot size shall be three
acres for the first horse kept and two acres for each additional horse
kept.
[Amended 9-11-2003 by L.L. No. 9-2003]
(b)
No structure for such use shall be located nearer
than 100 feet to any property line, nor nearer than 200 feet to any
residential district line, and in the keeping of horses, the barn
and paddock area must be located no nearer than 100 feet to any property
line.
[Amended 9-11-2003 by L.L. No. 9-2003]
(c)
The keeping of pigs and/or mink is not authorized
by this section but, where now existing as a nonconforming use, may
be continued under the restrictions imposed by the ordinance entitled,
"Ordinance Regulating the Keeping of Swine or Mink in the Town of
Wallkill, Orange County," dated August 13, 1959,[1] and the regulations for keeping pigs for home consumption,
on farm premises, as stated therein, continue to apply.
(3)
The keeping of dogs or cats. Not more than three dogs
or cats, over six months of age, may be harbored per dwelling unit.
(4)
The sale of agricultural products, on the premises
where the principal use is agricultural, may be conducted within a
seasonal roadside stand located on such premises.
(5)
The outside storage of farm and earthmoving equipment,
provided that such equipment is kept beyond the required minimum front
yard.
(6)
The renting of rooms, by a resident family, in a one-family
dwelling for rooming or boarding purposes only. Accommodation by no
more than two boarders can be provided in each dwelling.
[Amended 10-11-2012 by L.L. No. 7-2012]
(7)
Customary accessory uses, including private garages, sheds and pools. Notwithstanding anything contained in § 249-3 of this Code, sheds not exceeding 144 square feet may be erected and installed on properties within this zone without a permit, provided that same are erected and installed in accordance with all applicable setback restrictions.
[Amended 4-9-2015 by L.L.
No. 1-2015[2]]
[2]
Editor's Note: This local law also provided that it would
apply to all properties and property applications within the Town
of Wallkill that were pending as of 10-10-2013 and thereafter.
C.
Special permit uses and uses subject to plan approval by the Planning Board, in accordance with the provisions of Article XI herein.
(1)
Home occupations.
(a)
All approvals shall be granted as revocable
permits. Such permits may be reviewed at any time by the Planning
Board to ensure total compliance with the spirit and intent of the
Zoning Law.
(b)
No display of goods shall be visible from the
street.
(c)
The premises shall not be used in any manner
so as to cause injury or disturbance to the surrounding properties,
their owners or occupants.
(d)
No person, outside the resident family, shall
be employed in the home occupation.
(e)
No offensive noise, vibration, smoke, dust,
odors, heat or glare shall be produced or allowed on the premises.
(f)
The occupation shall not occupy more than 1/2
of the ground floor area of the dwelling, or its equivalent elsewhere
in the dwelling if so used.
(2)
Public utility structures, buildings and rights-of-way
necessary to serve areas within the Town, excluding business offices,
repair facilities or equipment storage areas.
(3)
The following uses on lots of five acres or more,
provided that no building shall be erected nearer than 50 feet to
any property line and the lot coverage shall not exceed 20%.
(4)
Day-care centers and nursery schools.
[Added 12-27-1990 by L.L. No. 18-1990]
(a)
Such uses may be allowed as accessory uses in
conjunction with the following other special permit uses: philanthropic
and eleemosynary institutions; schools, colleges and other educational
institutions; and churches and religious institutions.
(b)
The required outdoor play area shall be adequate
in size and location as determined by the Planning Board.
(c)
No play area shall be located in a required
front yard.
(d)
All play areas shall be fenced and suitably
landscaped and buffered.
(e)
Indoor play areas shall consist of a minimum
of 35 square feet per child, excluding hallways, kitchens, bathrooms,
office space and sleeping quarters for infants. Sleeping quarters
for infants shall consist of a minimum of 20 square feet additional
per infant where an infant is a child less than three years of age.
(f)
Adequate pickup/dropoff areas shall be provided
and designed to ensure safe, direct access to the facility as determined
by the Planning Board. Said areas shall not conflict with access to
required parking.
(g)
There shall be a minimum of one toilet per 15
children.
(h)
Access shall be adequate to handle traffic in
a safe and efficient manner.
(i)
Day-care centers shall be licensed by the New
York State Department of Social Services prior to operating such facilities.
(j)
All child-care centers shall indicate the designated
number of children and shall comply with regulations of the New York
State Department of Social Services as stated in 18 NYCRR Part 418
as they apply to centers for 44 or fewer and 45 or more children.
(6)
Public or private recreation facilities and open space,
other than for a single-family residence, including playgrounds, swimming
pools, lakes, golf courses and clubhouse, including the sale of food
and drink, provided that:
(a)
Such use shall occupy a lot with an area of
not less than two acres.
(b)
No building or structure shall be erected nearer
than 50 feet to any lot line.
(c)
Plans for all outdoor public address systems
are approved by the Planning Board.
(d)
Plans for lighting of outdoor recreational facilities
are approved by the Planning Board.
(7)
Mining, loading and hauling of sand, gravel, topsoil
or other aggregate. Such operation shall not include equipment or
structures for screening, crushing or washing, except as may be specifically
authorized for a limited time.
(9)
Cemeteries.
(a)
The minimum lot size, when not accessory to
a place of worship, shall be three acres.
[Added 2-11-1982 by L.L. No. 1-1982; 8-26-2021 by L.L. No. 6-2021]
(11)
Neighborhood grocery stores.
D.
Lot and building standards in the R-2 District. See § 249-80, Conservation subdivisions, for lot and building standards specific to conservation subdivisions.
[Amended 11-30-2005 by L.L. No. 1-2005; 1-25-2007 by L.L. No. 3-2007; 7-26-2007 by L.L. No. 15-2007; 12-9-2009 by L.L. No. 8-2009]
(1)
Type I Subdivision — Conventional.
|
A
|
B
|
C
| ||
|---|---|---|---|---|
|
Minimum required
| ||||
|
Lot area (acres) subject to soil and drainage
review
|
1.5
|
1.5
|
Soils*
| |
|
Lot width (feet)
|
150
|
150
|
200
| |
|
Lot depth (feet)
|
200
|
200
|
250
| |
|
Front yard (feet)
|
35
|
35
|
35
| |
|
Rear yard (feet)
|
30
|
30
|
35
| |
|
One side yard (feet)
|
20
|
20
|
20
| |
|
Both side (feet)
|
40
|
40
|
40
| |
|
Lot frontage (feet)
|
150
|
150
|
200
| |
|
Floor area (square feet)
|
1,000
|
1,000
|
1,000
| |
|
Maximum permitted
| ||||
|
Lot coverage
|
30%
|
30%
|
25%
| |
|
Building height (feet)
|
35
|
35
|
35
| |
|
Note:
*Use soils formula as set forth in table located at § 249-19D(2).
|
|
A: Lots served by both public sewer and water systems.
| |
|
B: Lots served by a public sewer system, but no public water
system.
| |
|
C: Lots not served by either a public sewer or water system.
|
(2)
Type II Subdivision — Conservation.
|
A
|
B
|
C
| ||
|---|---|---|---|---|
|
Minimum required
| ||||
|
Lot area (acres) subject to soil and drainage
review
|
0.75
|
0.75
|
Soils*
| |
|
Lot width (feet)
|
150
|
150
|
200
| |
|
Lot depth (feet)
|
200
|
200
|
250
| |
|
Front yard (feet)
|
35
|
35
|
35
| |
|
Rear yard (feet)
|
30
|
30
|
35
| |
|
One side yard (feet)
|
20
|
20
|
20
| |
|
Both side (feet)
|
40
|
40
|
40
| |
|
Lot frontage (feet)
|
150
|
150
|
200
| |
|
Floor area (square feet)
|
1,000
|
1,000
|
1,000
| |
|
Maximum permitted
| ||||
|
Lot coverage
|
30%
|
30%
|
25%
| |
|
Building height (feet)
|
35
|
35
|
35
| |
|
Note:
*Use soils formula as set forth in table located at § 249-19D(2).
|
|
A: Lots served by both public sewer and water systems.
| |
|
B: Lots served by a public sewer system, but no public water
system.
| |
|
C: Lots not served by either a public sewer or water system.
|
B.
Accessory uses.
(1)
The renting of rooms, by a resident family, in a one-family
dwelling for rooming or boarding purposes only.
(2)
Customary accessory uses, including private garages,
sheds and pools.
(3)
The keeping of dogs or cats. Not more than three dogs
or cats, over six months of age, may be harbored per dwelling unit.
C.
Special permit uses and uses subject to plan approval by the Planning Board, in accordance with the provisions of Article XI.
(1)
Public utility structures, buildings and rights-of-way
necessary to serve areas within the Town of Wallkill, excluding business
offices, repair facilities or equipment storage areas.
(2)
The following uses, on lots of five acres or more,
provided that no building shall be located nearer than 50 feet to
any property line and the lot coverage shall not exceed 20%.
(3)
Day-care centers and nursery schools.
[Added 12-27-1990 by L.L. No. 18-1990]
(a)
Such uses may be allowed as accessory uses in
conjunction with the following other special permit uses: philanthropic
and eleemosynary institutions; churches and religious institutions;
multiple dwellings, row or attached housing and condominium detached-one-family
units.
(b)
The required outdoor play area shall be adequate
in size and location as determined by the Planning Board.
(c)
No play area shall be located in a required
front yard.
(d)
All play areas shall be fenced and suitably
landscaped and buffered.
(e)
Indoor play areas shall consist of a minimum
of 35 square feet per child, excluding hallways, kitchens, bathrooms,
office space and sleeping quarters for infants. Sleeping quarters
for infants shall consist of a minimum of 20 square feet additional
per infant where an infant is a child less than three years of age.
(f)
Adequate pickup/dropoff areas shall be provided
and designed to ensure safe direct access to the facility as determined
by the Planning Board. Said areas shall not conflict with access to
required parking.
(g)
There shall be a minimum of one toilet per 15
children.
(h)
Access shall be adequate to handle traffic in
a safe and efficient manner.
(i)
Day-care centers shall be licensed by the New
York State Department of Social Services prior to operating such facilities.
(j)
The operation of day-care centers and nursery
schools accessory to multiple dwellings, row or attached housing and
condominium detached-one-family units shall be limited to a community
facility building which may be provided as part of such developments.
The location of such facility shall be reviewed by the Planning Board
as part of the overall site plan and special permit review of the
subject development.
(k)
All child-care centers shall indicate the designated
number of children and shall comply with all regulations of the New
York State Department of Social Services as stated in 18 NYCRR Part
418 as they apply to centers for 44 or fewer and 45 or more children.
(5)
The following institutional uses, provided that no
building shall be located nearer than 50 feet to any property line,
and the coverage shall not exceed 20%.
(6)
Multiple dwellings. Multiple dwellings consisting
of a building or buildings containing three or more rental apartment
units, but excluding townhouses, duplexes, fourplexes, row houses,
in either fee simple or condominium ownership, provided that:
(a)
No building shall exceed 160 feet in length
and shall be provided with a minimum five-foot offset at a maximum
of every 40 feet of length. This offset shall include the rooflines.
(b)
The minimum distance between facing elevations
of principal buildings shall be equal to twice the height of the highest
building and between a principal and accessory building shall be 20
feet.
(c)
Any inner court shall have a minimum dimension
of 60 feet; any outer court shall have a minimum dimension of 20 feet,
and its depth shall not exceed its width.
(d)
There shall be provided on the same lot suitable enclosed, equipped and landscaped children's playlots, subject to Planning Board approval in accordance with Article X of the Town Zoning Law.
(e)
Off-street parking areas and service yards shall be suitably landscaped to assure an attractive environment with the site. Buffering and landscaping requirements shall be in accordance with § 249-100.
[Amended 12-9-2009 by L.L. No. 8-2009]
(f)
There shall be no parking areas located in required
yards.
(g)
All fees applicable to individual dwellings
found within the Subdivision Regulations shall be applicable to each
individual apartment unit.
(h)
Medical (human) and dental offices may be allowed
within a complex at no greater a ratio than one for every 50 apartment
units. Such permission shall be by special permit of the Planning
Board.
(j)
The following lot and building standards shall
apply to such dwellings:
[Amended 11-30-2005 by L.L. No. 12-2005; 7-26-2007 by L.L. No. 15-2007; 12-9-2009 by L.L. No. 8-2009]
|
Multiple Dwellings
| |||||
|---|---|---|---|---|---|
|
Number of Hab-
itable Rooms1 in
the Dwelling
Unit (DU)
|
1
(Effic-
iency)
|
2
(1 bed-
rooms)
|
3
(2 bed-
rooms)
|
4
(3 bed-
rooms)
| |
|
Minimum required
| |||||
|
Land area (Type I Subdivision - Conventional):
| |||||
|
Total (acres)
|
10
|
10
|
10
|
10
| |
|
Per DU (square feet)2
|
7,800
|
9,600
|
14,400
|
29,000
| |
|
Land area (Type II Subdivision - Conservation):
| |||||
|
Total (acres)
|
10
|
10
|
10
|
10
| |
|
Per DU (square feet)2
|
3,900
|
4,800
|
7,200
|
14,500
| |
|
All developments:
| |||||
|
Lot width (feet)
|
150
|
150
|
150
|
150
| |
|
Lot depth (feet)
|
150
|
150
|
150
|
150
| |
|
Front yard (feet)
|
40
|
40
|
40
|
40
| |
|
One side yard (feet)
|
30
|
30
|
30
|
30
| |
|
Both side yards (feet)
|
60
|
60
|
60
|
60
| |
|
Lot frontage (feet)
|
150
|
150
|
150
|
150
| |
|
Rear yard (feet)
|
30
|
30
|
30
|
30
| |
|
Livable floor area per DU (square feet)
|
600
|
800
|
1,000
|
1,200
| |
|
Off-street parking spaces per DU
|
1.75
|
2.0
|
2.5
|
3.0
| |
|
Maximum permitted
| |||||
|
Lot coverage
|
20%
|
20%
|
20%
|
20%
| |
|
Building height
| |||||
|
Number of stories
|
2
|
2
|
2
|
2
| |
|
Feet
|
35
|
35
|
35
|
35
| |
|
Notes:
| |
|---|---|
|
1See "room, habitable" under § 249-3.
| |
|
2To derive the acreage
used in computing the allowable number of units on a given proposal,
use the gross acreage minus the acreage allotted to bodies of water,
wetlands, areas subject to flooding and ponding area which have slopes
of over 20%, and existing rights-of-way and easements.
|
|
All Type I subdivisions shall adhere to the regulations of this section. All development applications for Type II subdivisions shall follow the regulations set forth within the Town of Wallkill's Conservation Subdivision Law (see § 249-80).
|
(7)
Row or attached housing consisting of a series of
attached one-family dwelling units, each located on its own individual
lot owned in fee simple, or in condominium ownership, provided that:
(a)
No building shall exceed 132 feet in length
and shall be provided with an offset of a minimum of five feet at
a maximum of every 44 feet of length. This offset shall include a
roofline offset.
(c)
The site shall be served with public sewer and
public water facilities.
(d)
Where dwelling units abut a collector or major
street, the Planning Board shall require marginal roads, reverse frontage
with screening or vehicular access from an interior minor street.
(e)
Off-street parking areas and service yards shall be suitably landscaped to assure an attractive environment with the site. Buffering and landscaping requirements shall be in accordance with § 249-100.
[Amended 12-9-2009 by L.L. No. 8-2009]
(f)
The site shall incorporate suitably enclosed,
equipped and landscaped children's playlots subject to Planning Board
approval.
(g)
The minimum distance between facing elevations
of principal buildings shall be equal to twice the height of the highest
buildings. The distance between a principal building and an accessory
building shall be 20 feet.
(h)
When providing off-street parking space for
a unit owned in fee simple, the developer must provide a garage for
one vehicle within each unit unless the development will have a homeowner's
association and will not be deeding streets to the Town of Wallkill.
(i)
The following lot and building standards shall
apply:
[Amended 11-30-2005 by L.L. No. 12-2005; 12-9-2009 by L.L. No. 8-2009]
|
Number of Habitable
Rooms1 in
the Dwelling
Unit (DU)
|
2
(1 bedroom)
|
3
(2 bedrooms)
|
4
(3 bedrooms)
| |
|---|---|---|---|---|
|
Minimum required
| ||||
|
Land area (Type I Subdivision - Conventional):
| ||||
|
Total (acres)
|
10
|
10
|
10
| |
|
Per DU (square feet)2
|
10,800
|
14,400
|
17,400
| |
|
Land area (Type II Subdivision - Conservation):
| ||||
|
Total (acres)
|
10
|
10
|
10
| |
|
Per DU (square feet)2
|
8,100
|
10,800
|
13,050
| |
|
All developments:
| ||||
|
Lot width (feet)3
|
224
|
224
|
224
| |
|
Lot depth (feet)3
|
100
|
100
|
100
| |
|
Front yard (feet)3
|
30
|
30
|
30
| |
|
One side yard (feet)3
|
4
|
4
|
4
| |
|
Both side yards (feet)3
|
--
|
--
|
--
| |
|
Rear yards (feet)3
|
35
|
35
|
35
| |
|
Front yards (feet)
|
50
|
50
|
50
| |
|
Side yards (feet)
|
50
|
50
|
50
| |
|
Rear yard (feet)
|
50
|
50
|
50
| |
|
Livable floor area per DU (square feet)
|
800
|
1,000
|
1,200
| |
|
Off-street parking spaces per DU
|
2.0
|
2.5
|
3.0
| |
|
Maximum permitted
| ||||
|
Lot coverage
|
20%
|
20%
|
20%
| |
|
Building height:
| ||||
|
Number of stories
|
2 1/2
|
2 1/2
|
2 1/2
| |
|
Feet
|
35
|
35
|
35
| |
|
Notes:
1See "room, habitable" under § 249-3.
| ||||
|
2To derive the acreage
used in computing the allowable number of units on a given property,
use the gross acreage minus the area allotted to bodies of water,
wetlands, areas subject to flooding and ponding, areas which have
slopes of over 20% and existing rights-of-way and easements.
| ||||
|
3These figures are
used only for each individual townhouse lots owned in fee simple.
| ||||
|
4All end row or attached
dwellings shall have a minimum lot width of 37 feet and a side yard
of at least 15 feet.
| ||||
|
All Type I subdivisions shall adhere to the regulations of this section. All development applications for Type II subdivisions shall follow the regulations set forth within the Town of Wallkill's Conservation Subdivision Law (see § 249-80).
|
(8)
A series of detached one-family dwelling units, not
owned in fee simple but in condominium ownership, provided that:
(a)
The maximum depth of any series of units (either
in a cul-de-sac or parking lot arrangement) shall be 132 feet.
(c)
The site shall be served with public sewer and
public water facilities.
(d)
Where dwelling units abut a collector or major
street, the Planning Board shall require marginal roads, reverse frontage
with screening or vehicular access from an interior minor street.
(e)
Off-street parking areas and services yards, if provided, shall be suitably landscaped to assure an attractive environment with the site. Buffering and landscaping requirements shall be in accordance with § 249-100.
[Amended 12-9-2009 by L.L. No. 8-2009]
(f)
The site shall incorporate suitably enclosed,
equipped and landscaped children's playlots subject to Planning Board
approval.
(g)
The minimum distance between side and rear elevations
of principal buildings within each cluster shall be eight feet.
(h)
The minimum distance between any cluster grouping
of units shall be 50 feet.
(i)
The maximum number of units in any cluster grouping
of units shall not exceed 10 units and there shall be no more than
five in any one continuous row.
(j)
Each cluster grouping of units shall have a
minimum of two means of ingress and egress, one of which may be for
emergency use only:
(k)
The following lot and building standards shall
apply:
[Amended 11-30-2005 by L.L. No. 12-2005; 12-9-2009 by L.L. No. 8-2009]
|
Number of Habitable
Rooms in the
Dwelling Unit (DU)1
|
2
(1
bedroom)
|
3
(2
bedrooms)
|
4
(3
bedrooms)
| |
|---|---|---|---|---|
|
Minimum required
| ||||
|
Land area (Type I Subdivision - Conventional):
| ||||
|
Total (acres)
|
10
|
10
|
10
| |
|
Per DU (square feet)2
|
10,800
|
14,400
|
17,400
| |
|
Land area (Type II Subdivision - Conservation):
| ||||
|
Total (acres)
|
10
|
10
|
10
| |
|
Per DU (square feet)2
|
8,100
|
10,800
|
13,050
| |
|
All developments:
| ||||
|
Front yard (feet)
|
50
|
50
|
50
| |
|
Side yards (feet)
|
50
|
50
|
50
| |
|
Rear yards (feet)
|
50
|
50
|
50
| |
|
Livable floor area per DU (square feet)
|
800
|
1,000
|
1,200
| |
|
Off-street parking spaces per DU
|
2.0
|
2.5
|
3.0
| |
|
Maximum permitted
| ||||
|
Lot coverage
|
20%
|
20%
|
20%
| |
|
Building height:
| ||||
|
Number of stories
|
2 1/2
|
2 1/2
|
2 1/2
| |
|
Feet
|
35
|
35
|
35
| |
|
Notes:
1See "room, habitable" under § 249-3.
| ||||
|
2To derive the acreage
used in computing the allowable number of units on a given property,
use the gross acreage minus the acreage allotted to bodies of water,
wetlands, areas subject to flooding and ponding, areas which have
slopes of over 20% and existing rights-of-way and easements.
| ||||
|
All Type I subdivisions shall adhere to the regulations of this section. All development applications for Type II subdivisions shall follow the regulations set forth within the Town of Wallkill's Conservation Subdivision Law (see § 249-80).
|
(10)
Cemeteries.
[Added 2-11-1982 by L.L. No. 1-1982]
(a)
The minimum lot size, when not accessory to
a religious institution, shall be three acres.
(11)
Senior citizen multiple dwellings. Multiple
dwellings constructed with governmental funds, consisting of a building
or buildings containing three or more rental apartment units, but
excluding townhouses, duplexes, fourplexes and row houses, in either
fee simple or condominium ownership. The units can only be occupied
by eligible elderly, physically handicapped or disabled households
as defined by federal regulations.
[Added 5-26-1983 by L.L. No. 8-1983]
(a)
[3]The minimum distance between facing elevations of principal
buildings shall be equal to twice the height of the highest building.
It shall be 20 feet between a principal and an accessory building.
[3]
Editor's Note: Former Subsection C(10)(a),
which provided that no building exceed 160 feet in length, as amended,
which immediately preceded this subsection, was repealed 8-11-1988
by L.L. No. 16-1988.
(b)
Any inner court shall have a minimum dimension
of 60 feet; any outer court shall have a minimum dimension of 20 feet
and its depth shall not exceed its width.
(c)
Off-street parking areas and service yards shall be suitably landscaped to assure an attractive environment with the site. Buffering and landscaping requirements shall be in accordance with § 249-100.
[Amended 12-9-2009 by L.L. No. 8-2009]
(d)
There may be no parking located in required
yards.
(e)
The complex may consist of only efficiency and
one-bedroom units, except for one two-bedroom unit for the building
superintendent/resident manager.
(f)
The following lot and building standards shall
apply to such dwellings:
[Amended 7-26-2007 by L.L. No. 15-2007; 12-9-2009 by L.L. No. 8-2009]
|
Number of Habitable
Rooms1 in a
Dwelling Unit (DU)
|
1
(Efficiency)
|
2
(1-bedroom)
| |
|---|---|---|---|
|
Minimum required
| |||
|
Lot area:
| |||
|
Total (acres)
|
5
|
5
| |
|
Per DU (square feet)2
|
2,900
|
3,600
| |
|
Lot width (feet)
|
150
|
150
| |
|
Lot depth (feet)
|
150
|
150
| |
|
Front yard (feet)
|
40
|
40
| |
|
One side yard (feet)
|
30
|
30
| |
|
Both side yards (feet)
|
60
|
60
| |
|
Rear yard (feet)
|
30
|
30
| |
|
Lot frontage (feet)
|
150
|
150
| |
|
Livable floor area per DU (square feet)
|
400
|
500
| |
|
Off-street parking spaces per DU
|
0.5
|
0.5
| |
|
Maximum permitted
| |||
|
Lot coverage
|
20%
|
20%
| |
|
Building height:
| |||
|
Number of stories
|
2
|
2
| |
|
Feet
|
35
|
35
| |
|
NOTES:
1See "room, habitable" under § 249-3.
| |||
|
2To derive the acreage
used in computing the allowable number of units on a given proposal,
use the gross acreage minus the acreage allotted to bodies of water,
wetlands, areas subject to flooding and ponding, areas which have
slopes of over 20%, and existing rights-of-way and easements.
| |||
(12)
Duplex housing units consisting of two attached
one-family dwelling units in fee simple ownership, condominium ownership
or as rental apartment units.
[Added 5-8-1997 by L.L. No. 4-1997]
D.
Lot and building standards in the R-1 District.
[Amended 11-30-2005 by L.L. No. 12-2005]
(1)
Type I Subdivision — Conventional.
[Amended 1-25-2007 by L.L. No. 3-2007; 7-26-2007 by L.L. No.
15-2007; 12-9-2009 by L.L. No. 8-2009]
|
A
|
B
|
C
| ||
|---|---|---|---|---|
|
Minimum required
| ||||
|
Lot area (square feet) subject to soil and drainage
review
|
18,750
|
18,750
|
Soils*
| |
|
Lot width (feet)
|
100
|
100
|
125
| |
|
Lot depth (feet)
|
125
|
125
|
150
| |
|
Front yard (feet)
|
35
|
35
|
35
| |
|
Rear yard (feet)
|
30
|
30
|
35
| |
|
One side yard (feet)
|
20
|
20
|
20
| |
|
Both side (feet)
|
40
|
40
|
40
| |
|
Lot frontage (feet)
|
100
|
100
|
125
| |
|
Floor area (square feet)
|
600
|
600
|
600
| |
|
Maximum permitted
| ||||
|
Lot coverage
|
35%
|
35%
|
25%
| |
|
Building height (feet)
|
35
|
35
|
35
| |
|
Note:
*Use soils formula as set forth in table located at § 249-19D(2).
|
|
A: Lots served by both public sewer and water systems.
| |
|
B: Lots served by a public sewer system, but no public water
system.
| |
|
C: Lots not served by either a public sewer or water system.
|
(2)
Type II Subdivision — Conservation.
[Amended 1-25-2007 by L.L. No. 3-2007; 7-26-2007 by L.L. No.
15-2007; 12-9-2009 by L.L. No. 8-2009]
|
A
|
B
|
C
| ||
|---|---|---|---|---|
|
Minimum required
| ||||
|
Lot area (square feet) subject to soil and drainage
review
|
12,500
|
12,500
|
Soils*
| |
|
Lot width (feet)
|
80
|
80
|
100
| |
|
Lot depth (feet)
|
100
|
100
|
125
| |
|
Front yard (feet)
|
35
|
35
|
35
| |
|
Rear yard (feet)
|
30
|
30
|
35
| |
|
One side yard (feet)
|
20
|
20
|
20
| |
|
Both side (feet)
|
40
|
40
|
40
| |
|
Lot frontage (feet)
|
80
|
80
|
100
| |
|
Floor area (square feet)
|
600
|
600
|
600
| |
|
Maximum permitted
| ||||
|
Lot coverage
|
35%
|
35%
|
25%
| |
|
Building height (feet)
|
35
|
35
|
35
| |
|
Note:
*Use soils formula as set forth in table located at § 249-19D(2).
|
|
A: Lots served by both public sewer and water systems.
| |
|
B: Lots served by a public sewer system, but no public water
system.
| |
|
C: Lots not served by either a public sewer or water system.
|
[Added 4-23-1987 by L.L. No. 2-1987]
A.
Permitted uses. There are no uses permitted by right in the R-M(B) District. Refer to Subsection C for special permit uses subject to plan approval.
B.
Accessory uses.
(1)
The keeping of dogs or cats. Not more than three dogs
or cats, over six months of age, may be harbored per dwelling unit.
C.
Special permit uses and uses subject to plan approval by the Planning Board, in accordance with the provisions of Article XI.
(1)
Multiple dwellings. Multiple dwellings consisting
of a building or buildings containing three or more rental apartment
units, but excluding townhouses, duplexes, fourplexes or row houses,
provided that:
(a)
No building shall exceed 160 feet in length,
and each shall be provided with a minimum five-foot offset at a maximum
of every 40 feet of length. This offset shall include the rooflines.
(b)
The minimum distance between facing elevations
of principal buildings shall be equal to twice the height of the highest
building, and, between a principal and accessory building, the minimum
distance shall be 20 feet.
(c)
Any inner court shall have a minimum dimension
of 60 feet; any outer court shall have a minimum dimension of 20 feet,
and its depth shall not exceed its width.
(d)
There shall be provided, on the same lot, suitably enclosed, equipped and landscaped children's playlots, subject to Planning Board approval in accordance with Article X of this chapter.
(e)
Off-street parking areas and service yards shall be suitably landscaped to assure an attractive environment with the site. Buffering and landscaping requirements shall be in accordance with § 249-100.
[Amended 12-9-2009 by L.L. No. 8-2009]
(f)
There shall be no parking areas located in required
yards.
(h)
The following lot and building standards shall
apply to such dwellings:
[Amended 7-26-2007 by L.L. No. 15-2007; 12-9-2009 by L.L. No. 8-2009]
|
Multiple Dwellings
| |||||
|---|---|---|---|---|---|
|
1
|
2
|
3
|
4
| ||
|
Number of Habitable
Rooms1 in the
Dwelling Unit (DU)
|
(Effi-
ciency)
|
(1 Bed-
room)
|
(2 Bed-
rooms)
|
(3 Bed-
rooms)
| |
|
Minimum required
| |||||
|
Land area:
| |||||
|
Total (acres)
|
5
|
5
|
5
|
5
| |
|
Per DU (square feet)2
|
3,900
|
4,800
|
7,200
|
14,500
| |
|
Lot width (feet)
|
150
|
150
|
150
|
150
| |
|
Lot depth (feet)
|
150
|
150
|
150
|
150
| |
|
Front yard (feet)
|
40
|
40
|
40
|
40
| |
|
One side yard (feet)
|
30
|
30
|
30
|
30
| |
|
Both side yards (feet)
|
60
|
60
|
60
|
60
| |
|
Rear yard (feet)
|
30
|
30
|
30
|
30
| |
|
Lot frontage (feet)
|
150
|
150
|
150
|
150
| |
|
Livable floor area per DU (square
feet)
|
600
|
800
|
1,000
|
1,000
| |
|
Off-street parking spaces per DU
|
1.25
|
1.75
|
2.25
|
2.5
| |
|
Maximum permitted
| |||||
|
Lot coverage
|
20%
|
20%
|
20%
|
20%
| |
|
Building height:
| |||||
|
Number of stories
|
2
|
2
|
2
|
2
| |
|
Feet
|
35
|
35
|
35
|
35
| |
|
NOTES:
1See "room, habitable" under § 249-3.
| |||||
|
2To derive the acreage
used in computing the allowable number of dwelling units on a given
proposal, use the gross acreage minus the acreage allotted to bodies
of water, wetlands, areas subject to flooding and ponding, areas which
have slopes of over 20% and existing rights-of-way and easements.
| |||||
(2)
Moderate-income density bonus. In order to encourage
the production of rental housing for low- and moderate-income residents,
the density of multifamily developments within the R-M(B) District
may be increased under the provisions of this section, pursuant to
the following regulations:
(a)
The Planning Board may, upon request by the
applicant and in conjunction with a pending application, authorize
an increase in the permitted density by not more than 60% if the applicant
agrees to maintain, for a minimum of 15 years, at least 30% of the
additional density units as moderate-income dwelling units. The Planning
Board shall base its determination of the appropriate number of additional
density units upon consideration of the locational and environmental
suitability of the specific site and the ability of the proposed development
design to accommodate such an increased density.
(b)
Distribution. All such moderate-income units
shall be and remain rented only to moderate-income families for a
period of not less than 15 years. Such units shall be physically integrated
into the design of the overall development in a manner satisfactory
to the Planning Board and shall be distributed among efficiency, one-
, two- and three-bedroom units in the same proportion as all other
units. However, the Planning Board may require a different proportion
if it feels that the revised proportion is better related to the current
or projected housing needs of the Town.
(c)
The Town Board of the Town of Wallkill shall,
from time to time, determine the maximum family aggregate gross income
from all sources for family eligibility for moderate-income housing
in this zone.
[Amended 5-10-1990 by L.L. No. 8-1990]
(d)
(f)
Occupancy standards. In renting the moderate-income
units, the following occupancy standards shall apply:
|
Number of Persons
| |||
|---|---|---|---|
|
Number of Bedrooms
|
Minimum
|
Maximum
| |
|
Efficiency
|
1
|
1
| |
|
1 bedroom
|
11
|
2
| |
|
2 bedrooms
|
2
|
4
| |
|
3 bedrooms
|
3
|
6
| |
|
1NOTE: Only if an
efficiency is not available. Tenants should be transferred to an efficiency
unit when, and if, one becomes available in the development and the
lease should so provide.
| |||
(g)
Eligibility priorities. Moderate-income families
applying for moderate-income dwelling units shall be selected on a
first-come-first-served system, and the following categories of priority
shall be utilized:
(h)
Selection priorities. Within the context of
the above-stated eligibility priorities, applicants shall be selected
according to the following:
(i)
Continued eligibility.
[1]
Applicants for moderate-income dwelling units
referred to in this section shall, if eligible and if selected for
occupancy by the owner or manager of the development, sign a lease
for a term of not less than one year nor more than two years. Each
family shall be recertified for continued eligibility and thereby
continued occupancy, annually.
[2]
As long as a resident family remains eligible,
as defined in this section, and has complied with the terms of its
lease, said resident family shall be offered a lease renewal of not
less than one year nor more than two years. If a resident family's
annual gross income should subsequently exceed, by more than 10% of
the maximum income for a family of its size, as defined in this section,
it's allowable, and if there is at that time an otherwise eligible
applicant, said resident may complete his current lease term and shall
be offered a non-moderate-income dwelling unit, if available, in the
development at the termination of such lease term. If no such unit
shall be available at said time, the resident may be allowed to sign
one six-month lease extension for the moderate-income dwelling unit
he/she occupies but shall not be offered any additional lease extensions
beyond said term.
(j)
Administration.
[2]
Following the approval of a moderate-income
density bonus by the Planning Board, the Town Board shall be responsible
for the administration of the requirements of this section. The Town
Board shall also be responsible for the promulgation of such rules
and regulations as may be necessary to implement such requirements.
[3]
Prior to the time of the issuance of a certificate
of occupancy (C.O.), the Building Inspector shall forward a copy of
such certificate to the Town Board, which shall then inform the owner
of the maximum rental charge which may be established for the moderate-income
dwelling units in such development and the maximum annual gross family
income for eligibility for occupancy of said units.
[4]
The Town shall certify as eligible all applicants
for the moderate-income dwelling units and shall annually reexamine
or cause to be reexamined each occupant family's income.
[5]
The Town shall, following irregular program
advertisements, maintain a list of preliminary eligible applicants.
The development owner, upon a vacancy occurring in a moderate-income
dwelling unit, shall request a list of eligible families from the
Town. Following the request, the Town shall forward the owner a list
containing the top three eligible family names from the appropriate
family size list relating to the size of the available unit to one
of the families on the list provided him by the Town.
[6]
No development owner may discriminate against
or deny occupancy to any eligible family in the rental of a moderate-income
unit based upon race, color, sex, religion or national origin, except
for good cause, including, but not limited to, tenants who previously
failed to pay rent or maintain their apartment or otherwise violated
terms of their tenancy.
[7]
From time to time, the income eligibility standards
(Section 8 income limits), and thereby the maximum chargeable rent,
shall be modified by the United States Department of Housing and Urban
Development. At such times, the Town Board may act to amend the appropriate
provisions of this section.
[8]
The owner shall annually certify to the Town
that the development is in compliance with the terms of its approval
and this section.
(k)
Tax assessment. The limited rental income of
the moderate-income dwelling units in a development shall be taken
into consideration by the Town Assessor in determining the basis for
assessments on such units.
(l)
Subleasing. Moderate-income dwelling units shall
only be occupied by the currently certified eligible lessee and his/her
immediate family. Subleasing shall not be allowed.
(m)
Condominium, cap conversion. Following five
years from the date the development is initially issued a certificate
of occupancy (C.O.), nothing shall prohibit the owner from converting
to condominium or co-op ownership, except such laws that may govern
such conversion of those units that are not the moderate-income dwelling
units. Any such moderate-income dwelling units shall remain as such
until the balance of the fifteen-year period expires or such longer
period as may be necessary for the expiration of the leases on such
units.
(n)
Except where specified and/or altered by this
section, all other requirements specified in this chapter shall apply.
(o)
The maximum building height (number of stories)
for the development shall not exceed three stories.
(p)
In general, no building shall exceed 160 feet
in length, and each shall be provided with a minimum five-foot offset
at a maximum of every 40 feet of length. This offset shall include
the rooflines. However, the Planning Board may approve relaxed requirements,
following a request by the applicant, if, in the opinion of the Planning
Board, the basic design intent is adhered to.
[Added 2-25-1988 by L.L. No. 4-1988]
A.
Anchoring the zone.
(1)
An application for construction of a development under
these regulations shall follow a two-step procedure for the proper
rezoning of the land and review and approval of the development plans.
(2)
An application to the Town Board for rezoning for
an affordable housing development shall include the following:
(a)
The developer shall submit a detailed pro forma
analysis indicating that the proposed development will be affordable
to moderate-income residents.
(b)
The developer shall submit his economic analysis
or other evidence illustrating the need for affordable housing of
the type proposed.
(c)
The developer shall submit a general land use
of the surrounding neighborhood showing the relationship between the
proposed development and traffic arteries, public transportation,
neighboring land uses, available services and general drainage patterns.
(d)
The developer shall furnish a sketch site plan
of the proposed development showing tentative building locations,
size and shape, parking area arrangement, streets and points of ingress
and egress.
(3)
If the rezoning is approved by the Town Board, the
developer shall submit the necessary development plans to the Planning
Board within one year from the rezoning. If this is not accomplished,
the Town Board may, at its option, return the parcel to its original
zoning.
B.
Affordability. All dwelling units constructed in the
R-AH District shall be affordable to moderate-income residents.
(1)
Moderate income: the levels of income, designated
from time to time by resolution of the Town Board, which prohibit
or severely limit the financial ability of residents to purchase or
rent housing in the Town of Wallkill, based on experience in the housing
market in the Town, and which require the type of moderately priced
housing intended to be developed under the provisions of this district.
For the purposes of this district, the levels of gross family income
designated as "moderate-income" shall be determined by the Town Board.
In making such determination, the Town Board shall consider, among
other factors, family size and number of dependents, income of all
wage earners in the family and sources of family income.
(2)
Moderately priced dwelling unit: a dwelling unit which
is sold or rented in accordance with the following:
(a)
For-sale housing. The sale price of housing
for sale for single-family dwelling units, including closing costs
and fees, shall not exceed the applicable maximum sales price as established
from time to time by the Town Board. These sale prices shall be based
upon the understanding that the owner's monthly costs for housing
(mortgage, insurance, taxes, utilities and maintenance charges) shall
not exceed 30% of the maximum gross monthly income for each specific
family size.
(b)
Rental housing. The rental price for housing
shall not exceed the applicable maximum rent levels as established
from time to time by the Town Board. These rent levels shall be based
upon the understanding that the lessee's monthly housing costs (rent
and utilities) shall not exceed 30% of the maximum gross monthly income
for each specific family size.
C.
Restriction on sale or lease and subsequent resale.
(1)
Every purchaser or renter of a moderately priced dwelling
unit shall certify, on a form prescribed by the Town, that he/she
is acquiring or leasing said unit for his/her own or family's primary
place of residence. Purchasers of moderately priced dwelling units
shall not be permitted to lease said units to other parties, this
being enforced by a deed restriction. Landlords of rented units must
provide proof to the Town that their lease prohibits the moderate-income
lessee from subleasing his/her unit to other parties. No developer
shall sell or lease any unit without first obtaining such certificate
from the purchaser or lessee.
(2)
Moderately priced dwelling units constructed or offered
for sale or rent under this district may be sold at any time following
their date of original sale. However, the sale price shall not exceed
a price that equals the original selling price plus a percentage of
the unit's original selling price equal to the increase in the annual
cost of living as determined by the United States Department of Labor's
consumer price index between the date of original sale and the date
of resale, plus a fair market value for improvements made to the unit.
A covenant shall be recorded with the Orange County Clerk's office
which shall give the Town the right to approve or disapprove the subsequent
sale price of the unit. The above-listed restrictions on the resale
price of a unit shall remain effective until December 21, 1999.
D.
Administration.
(1)
Following the approval of a development, under the
provisions of this district, by the Planning Board, the Town Board
shall be responsible for the administration of the requirements of
this district. The Town Board shall also be responsible for the promulgation
of such rules and regulations as may be necessary to implement such
requirements.
(2)
The Town shall certify as eligible all applicants
for the moderate-income dwelling units.
(3)
The Town shall, following irregular program advertisements,
maintain a list of preliminary eligible applicants.
(4)
No development owner or subsequent unit owner may
discriminate against or deny occupancy to any eligible family in the
sale or rental of a moderate-income unit based upon race, color, sex,
religion or national origin.
E.
Permitted uses shall be as follows:
(1)
One-family detached dwellings not to exceed one such
unit per lot.
G.
Special permit uses and uses subject to plan approval by the Planning Board, in accordance with the provisions of Article XI, shall be as follows:
(1)
Multiple dwellings. Multiple dwellings consisting
of a building or buildings containing three or more dwelling units
either for rental purposes or owned in condominium ownership, but
excluding dwelling units in fee-simple ownership, provided that:
(a)
No building shall exceed 160 feet in length,
and it shall be provided with a minimum five-foot offset at a maximum
of every 40 feet of length. This offset shall include the rooflines.
(b)
The minimum distance between facing elevations
of principal buildings shall be 35 feet.
(c)
Any inner court shall have a minimum dimension
of 60 feet. Any outer court shall have a minimum dimension of 20 feet,
and its depth shall not exceed its width.
(d)
There shall be provided on the same lot suitable enclosed, equipped and landscaped children's playlots, subject to Planning Board approval in accordance with Article X.
(f)
Every attempt should be made to design the development
so no parking areas are located in required yards.
(g)
The parcel shall be served with public sewer
and public water facilities.
(h)
The following lot and building standards shall
apply:
[1]
When the minimum lot size of the development is at least two acres but less than five acres, the following will be utilized to establish the allowable number of dwelling units: the minimum required square footages per dwelling unit shall be 3,900 square feet for a unit with one habitable room, 4,800 square feet for a unit with two habitable rooms, 7,200 square feet for a unit with three habitable rooms and 14,500 square feet for a unit with four habitable rooms. When the minimum lot size of the development is at least five acres, the following will be utilized to establish the allowable number of dwelling units: the minimum required square footages per dwelling unit shall be 2,420 square feet for a unit with one habitable room, 2,722 square feet for a unit with two habitable rooms, 3,111 square feet for a unit with three habitable rooms and 3,900 square feet for a unit with four habitable rooms. (See "room, habitable" under § 249-3.)
[2]
The overall site shall have minimum required
yards as follows: front yard 50 feet, side yards of 40 feet and a
rear yard of 40 feet.
[3]
The site shall have a minimum lot width of 200
feet.
[4]
All dwelling units shall have minimum livable
floor areas of 450 square feet for a unit with one habitable room,
700 square feet for a unit with two habitable rooms and 850 square
feet for a unit with four habitable rooms.
[5]
The following off-street parking standards shall
be utilized: 1.25 spaces for each unit with one habitable room, 1.50
spaces for each unit with two habitable rooms, 2.25 spaces for each
unit with three habitable rooms and 2.5 spaces for each unit with
four habitable rooms.
[a]
When designing off-street parking
areas in a project, the following standards shall apply: in projects
where the roads will not be dedicated, the off-street parking may
be designed as parking lots off the access drives; and in projects
where the roads are to be dedicated, the parking areas shall be designed
as off-street parking lots and shall be located in common areas.
[b]
The following off-street parking
standards shall be utilized for rental unit projects when it can be
shown that a deed and lease restriction is in effect to allow the
units to only be rented to senior citizens: 0.5 space for each unit
with either one or two habitable rooms. The design restrictions found
in § 249-24G(1)(h)[5][a] will still be required.
[6]
The maximum lot coverage shall be 20%.
[7]
The maximum permitted building height shall
be three stories.
[8]
To derive the acreage used in computing the
allowable number of dwelling units on a given property, use the gross
acreage minus the area allotted to bodies of water, areas subject
to flooding, ponding or officially designated freshwater wetlands,
areas which have slopes in excess of 20% and existing rights-of-way
and easements.
(i)
Occupancy standards. In renting the moderate-income
units, the following occupancy standards shall apply:
|
Number of Persons
| |||
|---|---|---|---|
|
Number of Bedrooms
|
Minimum
|
Maximum
| |
|
Efficiency
|
1
|
1
| |
|
1
|
1
|
2
| |
|
2
|
2
|
4
| |
|
3
|
3
|
6
| |
(j)
Continued eligibility.
[1]
Applicants for dwelling units shall, if eligible
and if selected for occupancy by the developer, sign a lease for a
term of not less than one year nor more than two years. Each family
shall be recertified for continued eligibility and thereby continued
occupancy, annually.
[2]
As long as a resident family remains eligible,
as defined in this section, and has complied with the terms of its
lease, said resident family shall be offered a lease renewal of not
less than one year nor more than two years. If a resident family's
annual gross income should subsequently exceed, by more than 10% of
the maximum income for a family of its size as defined in this section,
its allowable maximum income and if there is at that time an otherwise
eligible applicant, said resident may complete his/her current lease
term. If said resident family cannot find a non-moderate-income apartment
to rent prior to his/her lease termination, the resident may be allowed
to sign one six-month lease extension for the moderate-income unit
he/she occupies, but shall not be offered any additional lease extensions
beyond said term.
(2)
Mobile home courts.
(a)
All land within 50 feet of any property line
shall be kept free of all mobile homes and roads. Said land shall
be utilized as a green buffer area; however, it may be utilized for
the installation of utilities.
(b)
The parcel shall be served with public sewer
and public water facilities.
(c)
All individual mobile home lots shall be owned
in fee simple by the dwelling unit owner.
(d)
The Planning Board shall require the mobile
home court to be screened from the surrounding properties and residents.
Said screening shall be by living foliage; and the screening plan
shall be approved by the Planning Board as to composition, height
and location.
(e)
Each mobile home lot shall be provided with
piers and tie-downs and a concrete patio of at least 10 feet by 20
feet.
(f)
Each mobile home lot without a basement shall
be provided with a four-inch-thick concrete base under each mobile
home.
(g)
All interior roads in the mobile home court
shall have a minimum thirty-five-foot-wide right-of-way with a minimum
pavement width of 24 feet. All dead-end roads shall be provided with
a cul-de-sac with a minimum right-of-way diameter of 130 feet and
a minimum outside diameter of traveled ways of 120 feet.
(h)
There shall be provided, within the mobile home court, suitably enclosed, equipped and landscaped children's playlots in accordance with Article X.
(i)
Adequate recreational facilities shall be provided within the mobile home court in accordance with Article X.
(j)
Each mobile home shall be provided with a mobile
home skirt.
(l)
Lot and building standards:
|
Minimum Required
| ||
|---|---|---|
|
Lot area (square feet)
|
5,000
| |
|
Front yard (feet)
|
20
| |
|
1 side yard (feet)
|
10
| |
|
Both side yards (feet)
|
20
| |
|
Rear yard (feet)
|
10
| |
|
Floor area (square feet)
|
600
| |
|
Maximum Permitted
| ||
|
Lot coverage (percentage)
|
40
| |
H.
Lot and building standards in the R-AH District.
[Amended 7-26-2007 by L.L. No. 15-2007]
|
Minimum Required
| ||
|
Lot area (square feet)
|
6,000
| |
|
Lot width (feet)
|
50
| |
|
Lot depth (feet)
|
100
| |
|
Front yard (feet)
|
25
| |
|
Rear yard (feet)
|
30
| |
|
1 side yard (feet)
|
5
| |
|
Both side yards (feet)
|
15
| |
|
Lot frontage (feet)
|
50
| |
|
Floor area (square feet)
|
600
| |
|
Maximum Required
| ||
|
Lot coverage (percentage)
|
35
| |
|
Building height (feet)
|
35
| |
|
All lots shall be served by both public water
and public sewerage systems.
| ||
[Added 2-25-1988 by L.L. No. 4-1988]
A.
Permitted uses. There are no uses permitted by right in the Airport Residential District (APR). All uses are subject to approval by the Planning Board in accordance with the provisions of Article XI herein.
B.
Accessory uses shall be as follows:
(1)
Fences and security measures. The Planning Board
shall determine a need for placement of and the type and height of
all fences and other security measures it may require.
(2)
Customary accessory uses, including private
garages, sheds, hangars for airplanes and swimming pools. Hangars
for airplanes shall not exceed 60 feet by 60 feet.
(3)
The keeping of dogs or cats. Not more than three
dogs or cats, over six months of age, may be harbored per dwelling
unit.
(4)
In conjunction with an airport, heliport or
gliderport, the Planning Board may approve retail stores, service
and personal service establishments and professional offices if they
are proven to be clearly related, yet ancillary, to the main use.
C.
Special permit uses and uses subject to plan approval by the Planning Board, in accordance with the provisions of Article XI, herein, shall be as follows:
(1)
Airport, heliport, gliderport and related uses.
(a)
Any such facility shall be required to meet
the standards established by the Federal Aviation Authority for a
basic utility Stage I and Stage II category airport.
(b)
The hours of operation may be limited by the
Planning Board to prevent disturbances to off-site residences.
(c)
No area to be used by aircraft under its own
power on the ground shall be nearer than 100 feet to any exterior
lot line. Evidence shall be submitted to the Planning Board that ample
safeguards to minimize hazards and disturbances from aircraft noise
will be assured at all times of operation from affecting adjoining
properties.
(d)
Access to areas used by aircraft in motion shall
be required to be controlled by fences and gates; and other safety
provisions shall be determined as required to include appropriate
regulations governing the use by and storage of aircraft using the
facility.
(e)
Vending machines, newsstands, governmental installations,
airlines and express offices and aircraft repair facilities may be
permitted within completely enclosed buildings.
(f)
The storage and sale of aviation gasoline and
aircraft repair parts and accessories may be permitted.
(2)
Eating and drinking establishments.
(3)
Hotel, motel and/or conference centers. The
minimum lot area shall be 40,000 square feet plus 1,500 square feet
for each guest room in excess of four.
(4)
One-family detached dwellings not to exceed
one such unit per lot.
(5)
Multiple dwellings. Row or attached housing
consisting of a series of attached one-family dwelling units, each
located on its own individual lot owned in fee simple or in condominium
ownership, provided that:
(a)
No building shall exceed 132 feet in length,
and it shall be provided with an offset of a minimum of five feet
at a maximum of every 44 feet of length. This offset shall include
a roofline offset.
(c)
The site shall be served with public sewer and
public water facilities.
(d)
Where dwelling units abut a collector or major
street, the Planning Board may require marginal roads, reverse frontage
with screening or vehicular access from an interior minor street.
(e)
Off-street parking and service yards shall be
suitably landscaped to assure an attractive environment with the site.
(f)
The site shall incorporate suitably enclosed,
equipped and landscaped children's playlots, subject to Planning Board
approval.
(g)
The minimum distance between facing elevations
of principal buildings shall be equal to twice the height of the highest
buildings. The distance between a principal building and an accessory
building shall be 20 feet.
(h)
When designing off-street parking spaces in
a project, the following standards shall apply:
[1]
In projects where the roads will not be dedicated,
the off-street parking may be designed as parking lots off the access
drives.
[2]
In projects where the roads are to be dedicated,
the off-street parking shall be designed as off-street parking lots
and shall be located in common areas, preferably to the rear of the
individual fee-simple lots.
[3]
The area which may be computed as the required
off-street parking spaces may include a carport or other areas available
for parking, other than a street or garage. A driveway within a required
front yard may be computed as one space.
(i)
The following lot and building standards shall
apply:
[1]
The minimum required lot size shall be five
acres.
[2]
To establish the allowable number of dwelling units, the minimum required square footage per dwelling unit shall be 5,400 square feet for a unit with two habitable rooms, 7,200 square feet for a unit with three habitable rooms and 8,700 square feet for a unit with four habitable rooms. (See "room, habitable" under § 249-3.)
[3]
The overall site shall have minimum required
yards as follows: front yard of 50 feet, side yards of 50 feet and
rear yards of 50 feet.
[4]
Individual townhouse fee-simple lots shall meet
the following minimum standards: lot width of 22 feet unless it is
an end unit which shall be 37 feet wide, lot depth of 100 feet, front
yard of 30 feet, one side yard for end units of 15 and rear yards
of 35 feet.
[5]
All dwelling units shall have minimum livable
floor areas of 800 square feet for a unit with two habitable rooms,
1,000 square feet for a unit with three habitable rooms and 1,200
square feet for a unit with four habitable rooms.
[6]
The following off-street parking standards shall
be utilized: 1.75 spaces for each unit with two habitable rooms, 2.25
spaces for each unit with three habitable rooms and 2.5 spaces for
each unit with four habitable rooms.
[7]
The maximum lot coverage shall be 20%.
[8]
The maximum permitted building height shall
be 2 1/2 stories and 35 feet.
[9]
To derive the acreage used in computing the
allowable number of dwelling units on a given property, use the gross
acreage minus the area allotted to bodies of water, areas subject
to flooding and ponding, areas which have slopes in excess of 20%
and existing rights-of-way and easements.
D.
Lot and building standards for nonresidential uses:
[Amended 7-26-2007 by L.L. No. 15-2007]
|
Minimum Required
| |
|
Lot area (square feet)
|
40,000
|
|
Lot width (feet)
|
150
|
|
Lot depth (feet)
|
200
|
|
Front yard (feet)
|
50
|
|
Rear yard (feet)
|
50
|
|
Side yard (feet)
|
20 (or equal to the height of the building,
whichever is greater)
|
|
Lot frontage (feet)
|
150
|
|
Floor area (square feet)
|
600
|
|
Maximum Permitted
| |
|
Building height (feet)
|
35
|
|
Lot coverage (percentage)
|
40
|
(1)
All unbuilt-upon or unpaved areas of any lot
shall have adequate grading and drainage and shall be continuously
maintained with suitable landscaping which shall be approved by the
Planning Board.
E.
Lot and building standards for residential uses.
[Amended 7-26-2007 by L.L. No. 15-2007]
|
Type of Lot1
| |||
|---|---|---|---|
|
A
|
B
|
C
| |
|
Minimum Required
| |||
|
Lot area (square feet)
|
12,500
|
12,500
|
Arrived at using the environmental control formula, but not less than 20,000 square feet [See § 249-19D(2) through (5).]
|
|
Lot width (feet)
|
80
|
80
|
100
|
|
Lot depth (feet)
|
100
|
100
|
125
|
|
Front yard (feet)
|
35
|
35
|
35
|
|
Rear yard (feet)
|
30
|
30
|
35
|
|
1 side yard (feet)
|
15
|
15
|
15
|
|
Both side yards (feet)
|
30
|
30
|
35
|
|
Lot frontage (feet)
|
80
|
80
|
100
|
|
Floor area (square feet)
|
600
|
600
|
600
|
|
Maximum Permitted
|
A
|
B
|
C
|
|
Lot coverage (percentage)
|
35
|
35
|
25
|
|
Building height (feet)
|
35
|
35
|
35
|
|
1NOTE:
A: Lots served by both public water and public
sewerage systems.
| |||
|
B: Lots served by a public sewerage system,
but no public water system.
| |||
|
C: Lots not served by either a public sewerage
system or a public water system.
| |||
F.
Performance standards. No use shall be permitted that
does not conform to the following standards of use, occupancy and
operation. Such standards are hereby established as the minimum requirements
to be maintained.
(1)
Noise. Noise generated from the site shall not
exceed an intensity, as measured from the boundaries of the lot where
such use is situated, greater than the average intensity, occurrence
and duration of the noise of street traffic at adjoining streets.
(2)
Atmospheric effluence. No dust, dirt, smoke,
odor or noxious gases shall be disseminated beyond the boundaries
of the lot, except in accordance with the standards approved by the
New York State Department of Health, New York State Department of
Environmental Conservation or other similarly empowered agency.
(3)
Glare and heat. No glare or heat shall be produced
that is perceptible beyond the boundaries of the lot on which the
use is situated.
(4)
Industrial wastes. No solid or liquid wastes
shall be discharged into any public sewer, private disposal system
or stream or on or into the ground, except in accordance with the
standards approved by the New York State Department of Health and
the New York State Department of Environmental Conservation and in
accordance with the Town of Wallkill Sewer Ordinance.[1]
(5)
Fire and explosion hazards. All activities involving
the storage of flammable and explosive materials shall be provided
with adequate safety devices against the hazard of fire and explosion
and adequate fire-fighting and fire-suppression equipment and devices
standard in the industry. Burning of waste materials in open fires
is prohibited. The relevant provisions of state and local laws shall
also apply.
(6)
Radioactivity or electromagnetic disturbance.
No activities shall be permitted which emit dangerous radioactivity
beyond the structure in which such activity is situated; nor shall
any electrical disturbance be created which adversely affects the
operation of any equipment, other than that of the creator of such
disturbance.
[Added 1-13-2005 by L.L. No. 2-2005;
amended 12-9-2009 by L.L. No. 8-2009]
A.
Dead-end
roads are discouraged, and multi-access roads are encouraged wherever
possible. To this end, multi-access or other through-road designs
should be pursued prior to submission of any site layout which utilizes
a regular dead-end road design.
B.
Any
dead-end-road design that is part of any residential subdivision or
residential development site plan shall be no more than 1,000 feet
in length from entrance at an existing public road or street to its
furthest point from the entrance.
(1)
The length of any dead-end roads which branch from another dead-end
road shall be included in the maximum distance measurement, with a
maximum of two dead-end roads per development.
