Wallkill City Zoning Code
ARTICLE XI
Planning Board
§ 249-35 General responsibilities of members; composition.
A.
The Planning Board of the Town of Wallkill shall be governed by the provisions of all applicable state statutes, local laws and ordinances.
B.
The Board shall become familiar with all the duly enacted ordinances and laws of the Town of Wallkill under which it may be expected to act, as well as with the applicable state statutes.
C.
The Board shall become familiar with the community goals, desires and policies as expressed in the Town of Wallkill Master Plan.
D.
The Planning Board shall consist of three members appointed by the Town Board.
[Amended 8-28-2003 by L.L. No. 8-2003; 5-10-2007 by L.L. No. 6-2007]
(1)
All members shall serve for terms of three years.
[Amended 8-28-2003 by L.L. No. 8-2003; 5-10-2007 by L.L. No. 6-2007]
(a)
Said terms shall be established so as to expire at staggered time intervals.
(b)
If a vacancy occurs by means other than expiration of the term, it shall be filled by the Town Board for the remainder of the unexpired term.
(c)
Any member may be removed by the Town Board, for just cause, after a public hearing.
(d)
Said just cause shall include absence from four or more consecutive regular meetings or more than eight meetings within a calendar year.
(2)
The Planning Board may appoint a Chairman and a Vice Chairman at its annual meeting.
(a)
The Chairman shall perform all duties required by applicable laws and ordinances.
(b)
The Chairman shall preside at all meetings of the Board.
(c)
The Chairman shall decide on all points of order and procedure.
(d)
The Chairman shall appoint any standing or special committees found necessary to carry out the business of the Board.
(e)
The Chairman's signature shall be the official signature of the Board and shall appear on all decisions as directed by the Board.
(f)
The Vice Chairman shall serve in the absence of the Chairman. The Vice Chairman shall have all the powers of the Chairman during his absence, disability or disqualification.
§ 249-36 Meetings.
A.
Regular meetings. The Board shall establish its own regular meeting date, to be held at the Town of Wallkill Town Hall.
B.
Annual meeting. The annual organizational meeting of the Board shall be the first regular meeting of the year after the Town Board's reorganization meeting. The Chairman and Vice Chairman may be appointed at this meeting, and the meeting schedule shall also be decided upon at that time.
C.
Special meetings. Special meetings of the Board may be called by the Chairman. At least 72 hours' notice shall be given each member of the Board. The Chairman shall also call a special meeting within 10 days of receipt of a written request from any four (a majority of the Board) members of the Board.
D.
Cancellation of meetings. Whenever there are no applications or other business to act upon at a regular meeting, the Chairman may dispense with such meeting by notice to all members at least 48 hours prior to the meeting.
§ 249-37 Quorum; voting.
A.
Quorum. A quorum shall consist of at least four members of the Planning Board. No hearing or meeting of the Board shall be held nor any action taken in the absence of a quorum.
B.
Voting.
(1)
All matters before the Board shall be decided by a roll call vote. Decisions on any matter before the Board shall require the affirmative vote of a majority of the entire membership of the Board. A tie vote, or a favorable vote by a lesser number than the required majority, shall be considered a rejection of the matter under consideration.
(2)
No member of the Board shall sit in a hearing or vote on any matter in which he possesses a conflict of interest. Said member shall not be counted by the Board in establishing the quorum for such matter.
§ 249-38 Procedure for special permit uses.
A.
In all cases where this chapter requires special permit approval by the Planning Board, a building permit shall only be issued upon approval of and in conformity with the plans by the Planning Board.
B.
An applicant for a special permit approval shall make application to the Planning Board at least 10 days prior to its regular meeting.
C.
The Planning Board shall hold a public hearing on the application within 45 days of the initial submission at a regularly scheduled Planning Board meeting. Said public hearing must be advertised at least once in a newspaper of general circulation in the Town at least 10 days prior to the hearing. The notice shall also be sent, by the applicant, to the owners of all properties within 500 feet of the site within 10 days prior to the hearing, except when the site is within those zones designated RA Rural Agricultural District and RA-1 Low Density Agriculture District, where all properties within 1,500 feet of the site shall be noticed, by certified mail, return requested, by first class mail with a certificate of mailing or by hand delivery with the signature of each property owner with a proof of compliance. The public hearing notice must specify the property location, including a street address and Tax Map designation. The notice must also state the specific nature of the application and the intended use of the subject property.
[Amended 9-10-2004 by L.L. No. 9-2004; 7-26-2007 by L.L. No. 15-2007; 5-26-2011 by L.L. No. 6-2011; 12-12-2013 by Ord. No. 4-2013]
D.
In accordance with §§ 239-l and 239-m, Article 12-B, of the General Municipal Law of the State of New York, if the site lies within 500 feet of a county or state road, institution, park, drainage easement or a municipal boundary, a copy of the submission shall be forwarded to the Orange County Department of Planning for its review and action.
E.
Within 45 days of the public hearing, the Planning Board shall act to approve, conditionally approve with modifications or disapprove the application.
F.
All special permit approvals shall expire one year after the date of Planning Board approval if no substantial construction has been completed.
[Amended 12-27-1990 by L.L. No. 18-1990]
(1)
The mere issuance of a building permit shall not extend the above-stated one-year period.
(2)
Prior to the expiration of the one-year period, upon request by the applicant, the Planning Board may grant a one-year extension of approval in cases of proven hardship if the application in question is in compliance with all current zoning laws.
(3)
The Planning Board may grant up to two one-year extensions per application.
G.
In all instances where plan approval is also necessary for a specific use, the dual procedures may be held currently. The public hearing specified in Subsection C shall then coincide with approval of the preliminary site plan as noted in § 249-40D(3).
§ 249-39 Requirements for special permit uses.
[Amended 7-26-2007 by L.L. No. 15-2007]
A.
Special uses listed in this chapter possess characteristics of a nature such as to require special review and the application of special standards in order to assure an orderly and harmonious arrangement of land uses in the district and in the community. Before a special use is approved, the Board shall find that the proposed use:
(1)
Will be properly located in regard to transportation, water supply, waste disposal, fire protection, police protection or other facilities.
(2)
Will not create undue traffic or congestion or traffic hazards.
(3)
Will not adversely affect the value of property, character of the neighborhood or the pattern of development.
(4)
Will encourage appropriate use of land consistent with the needs of the Town of Wallkill.
(5)
Will not impair the public health, safety and general welfare.
(6)
Meets all applicable requirements of this chapter, and the Planning Board may impose any additional requirements the Board deems appropriate to assure that the proposed use will be in harmony with the surrounding properties.
(a)
Before imposing such conditions, the Board shall consider the following:
[1]
The location and the intensity of the use;
[2]
The location and height of the proposed buildings and structures;
[3]
Traffic access and circulation;
[4]
The location and extent of parking and loading areas;
[5]
The location, extent and type of exterior artificial lighting and advertising;
[6]
The proposed landscaping, screening and fencing;
[7]
The probable extent of noise, vibration, smoke, dust, and other adverse influences.
B.
The Planning Board may impose a limit on the hours of operation of a use upon finding that such a limit is necessary.
C.
Any use for which a special use permit may be granted shall be deemed to be a conforming use in the district in which such use is located. Said special use shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted.
D.
For condominiums or cooperative housing projects requiring approval by the New York State Attorney General, the one-year approval period shall not commence running until the final approval is granted by the Attorney General.
(1)
In all cases, proof of submission of the plans to the Attorney General shall be furnished to the Planning Board within 60 days of the Board's conditional or final approval of the special use. If the proof of submission is not furnished in the prescribed period of time, the special use shall be deemed null and void.
(2)
Upon approval of the application by the Attorney General, a copy of said approval shall be submitted to the Planning Board for its records. In the event that the Attorney General denies approval of the application, the special use shall be deemed null and void.
§ 249-39.1 Standards for specific special sermit uses in commercial and industrial districts.
[Added 7-26-2007 by L.L. No. 15-2007]
In addition to the general objectives stated above and the Town's site plan review considerations, the following specific requirements shall be complied with for the particular special permit uses cited below.
A.
Accessory retail store for manufacturing and production uses.
(1)
An accessory retail store for the display and/or sale of merchandise primarily manufactured upon the premises subject to the following conditions:
B.
Airports and heliports.
(1)
The hours of operation shall be limited by the Planning Board to prevent disturbance to nearby residences.
(2)
No area to be used by aircraft under its own power on the ground shall be nearer than 200 feet to any lot line. Evidence shall be submitted to the Board that ample safeguards to minimize hazards and disturbances from aircraft noise will be assured at all times of operation from affecting residents and properties in the vicinity.
(3)
Access to areas used by aircraft in motion shall be controlled by fences and gates.
(4)
Vending machines, newsstands, governmental installations, airlines and express offices and aircraft repair facilities may be permitted within completely enclosed buildings.
(5)
The storage and sale of aviation gasoline may also be permitted.
C.
Cemeteries.
(1)
The minimum lot size, when not accessory to a religious institution, shall be three acres.
E.
Day-care centers and nursery schools.
(1)
Such uses may be a principal use or allowed as accessory uses in conjunction with the following other special permit uses: office and research buildings; hotels, motels and conference centers; retail stores, service and personal service establishments; conference centers or other similar facilities; high-rise multiple residences; health-related facilities; and churches and religious institutions.
(2)
The required outdoor play space shall be adequate in size and location as determined by the Planning Board.
(3)
No play area shall be located in a required front yard or landscaped buffer strips.
(4)
All play areas shall be fenced and suitably landscaped and buffered.
(5)
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.
(6)
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.
(7)
There shall be a minimum of one toilet per 15 children.
(8)
Day-care centers shall be licensed by the New York State Department of Social Services prior to operating such facilities.
F.
Dog kennels.
(1)
All animal housing, kennels or runs and related structures shall be placed a minimum of 50 feet from any lot line and shall be fenced.
(2)
All facilities shall be permanently screened from all surrounding properties.
(3)
All animals shall be confined in suitably enclosed and ventilated buildings between the hours of sunset and 7:00 a.m.
G.
Eating and drinking establishments.
(1)
Where drive-in components are proposed, the operation of the establishment shall not adversely impact the public safety in streets and sidewalks.
(2)
Vehicle stacking lanes for any drive-up service must be adequate so that adjacent sidewalks or streets are not obstructed.
(3)
No stacking space, when occupied, shall prevent vehicles in designated parking spaces from turning into or backing out of a parking space, nor prohibit or inhibit vehicles from making turns or movements within the site.
(4)
Only one point of ingress and one point of egress, or one point of combined ingress and egress shall be provided per street for each eating and drinking establishment. Where the point of ingress is provided separately from the point of egress on the same street, such points of access shall be separated by a minimum distance of 100 feet, measured from the center line of each point of access at the street line.
(5)
Points of ingress and egress shall be limited to the adjacent thoroughfare having commercial-zoned frontage only.
(6)
The physical design, including the color and use of materials, of the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location.
H.
I.
Gasoline service stations.
(1)
The minimum lot size shall be 40,000 square feet. All remaining lot and building standards shall comply with § 249-26D (Lot Type C).
(2)
All driveways shall be located a minimum of 10 feet from any property lines.
(3)
Gasoline pumps shall be located at least 20 feet from any property lines.
(4)
There shall be no more than five motor vehicles stored or parked outdoors on the site.
J.
Hotels, motels and conference centers, including eating and drinking establishments either attached to the hotel, motel, conference center or freestanding. The minimum lot area shall be 40,000 square feet plus 1,500 square feet for each guest room in excess of four.
(1)
Motor vehicle rental facilities may be accessory to the hotels, motels and conference centers subject to approval by the Planning Board at the time of special permit approval.
(a)
The minimum additional lot size for the rental use shall be 20,000 square feet.
(b)
Service facilities exclusively for subject vehicles may be accessory to the rental use if approved by the Planning Board at the time of special permit approval.
(c)
If permitted, all service or repairs shall be conducted in a building fully enclosed on all sides.
(d)
Two gasoline pumps may be permitted incidental to the use of the premises, but the sale of gasoline to the general public shall not be permitted. Said pumps shall not be located in front of any building.
(e)
Outdoor storage of rental vehicles shall be permitted only in the side or rear yards of any building and shall comply with required parking space size and aisle widths as specified in § 249-12.
(f)
All driveways related to rental uses shall be located a minimum of 10 feet from any property line. Said driveways shall be so laid out as to avoid the necessity for any vehicle entering the site to back out across any public right-of-way or portion thereof.
L.
Motor vehicle repair garages.
(1)
The minimum lot size shall be 40,000 square feet. All remaining lot and building standards shall comply with § 249-26D (Lot Type C).
(2)
Two gasoline pumps may be permitted incidental to the use of the premises, but the sale of gasoline to the general public shall not be permitted. Said pumps shall not be located in front of any building.
(3)
All driveways shall be located a minimum of 10 feet from any property line.
(4)
There shall be no more than 10 motor vehicles stored or parked outdoors.
M.
Motor vehicle rental and leasing establishments.
(1)
The minimum lot size shall be 20,000 square feet.
(3)
Service facilities exclusively for subject vehicles may be accessory to the rental/lease use if approved by the Planning Board at the time of special permit approval.
(4)
If permitted, all service or repairs shall be conducted in a building fully enclosed on all sides.
(5)
Two gasoline pumps may be permitted incidental to the use of the premises, but the sale of gasoline to the general public shall not be permitted. Said pumps shall not be located in front of the building.
(6)
Outdoor storage of motor vehicles shall be permitted only in the side or rear yards and shall comply with required parking space size and aisle widths.
(7)
All driveways shall be located a minimum of 10 feet from any property line. Said driveways shall be so laid out as to avoid the necessity for any vehicle entering the site to back out across any public right-of-way or portion thereof.
N.
Motor vehicle sales establishment.
(1)
The minimum lot size shall be 40,000 square feet.
(3)
Service facilities may be accessory to the sales use if approved by the Planning Board at the time of special permit approval.
(4)
Entrance and exit driveways shall have an unrestricted width of not less than 30 feet.
(5)
Outdoor storage of motor vehicles shall be permitted only in the side or rear yards, except that a small area for only the display of new or used motor vehicles may be permitted by the Planning Board at the time of site plan approval.
(6)
If permitted, all service or repairs shall be conducted in a building fully enclosed on all sides.
(7)
Two gasoline pumps may be permitted incidental to the use of the premises, but the sale of gasoline to the general public shall not be permitted. Said pumps shall not be located in front of the building.
(8)
Motor vehicle rental and leasing facilities may be accessory to the sales use if approved by the Planning Board at the time of special permit approval.
O.
Self-storage.
(2)
There shall be no outdoor storage of materials or goods.
(3)
All mini-warehouse structures shall have their exterior walls that face or are visible from along a public right-of-way, or are adjacent or opposite a residentially zoned lot, consist of decorated brick or stone or similar quality material.
Q.
Theaters/cinemas. Such use shall be permitted only as part of a shopping center of 300,000 square feet or over and shall be housed in the principal shopping center building.
§ 249-40 Site and development plan approval.
A.
Intent. In all cases where this chapter requires special permit uses and/or plan approval by the Planning Board, no building permit shall be issued by the Building Inspector except upon approval of and in conformity with the plans approved by the Planning Board.
(1)
In instances where the building exists, the site is in conformity with a previously approved site plan and a change of occupancy is occurring without exterior structural changes to the building, the following procedures shall be followed:
[Added 2-25-1988 by L.L. No. 4-1988]
(a)
If the new use is of the same type and intensity (i.e., office to office, sit-down restaurant to sit-down restaurant, etc.), no Planning Board action will be required prior to the issuance of a building permit and/or certificate of occupancy.
(b)
If the new use is not of the same type and intensity (i.e., office to retail, sit-down restaurant to fast-food restaurant, etc.), the new occupant shall appear before the Planning Board to determine if a revised site plan approval will be required prior to the issuance of a building permit and/or certificate of occupancy.
(c)
Conversions in use between multiple dwellings and condominium, cooperative or similar types of ownership shall require special permit review and approval.
[Added 12-9-2009 by L.L. No. 8-2009]
(2)
In instances where the building exists, the site is not in conformity with a previously approved site plan and a change of occupancy is occurring without exterior structural changes to the building, a revised site plan approval shall be required prior to the issuance of a building permit and/or certificate of occupancy.
[Added 2-25-1988 by L.L. No. 4-1988]
(3)
In instances where the building exists, a change of occupancy is occurring and exterior structural changes will be made to the building, a revised site plan approval shall be required prior to the issuance of a building permit and/or certificate of occupancy.
[Added 2-25-1988 by L.L. No. 4-1988]
(4)
In instances where the building exists, no change of occupancy is occurring and exterior structural changes will be made to the building, the new occupant shall appear before the Planning Board to determine if a revised site plan approval will be required prior to the issuance of a building permit and/or certificate of occupancy.
[Added 2-25-1988 by L.L. No. 4-1988]
B.
Objectives. In considering and acting upon site plans, the Planning Board shall take into consideration the public health, safety and welfare and the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular. The Board may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and also the accomplishment of the following objectives in particular:
(1)
Traffic access: that all proposed traffic accesses are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street intersections or other places of public assembly; and other similar safety considerations.
(2)
Circulation and parking: that adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any person connected with or visiting the use; also that the interior circulation system is adequate to provide safe accessibility into and within the site.
(3)
Landscaping and screening: All projects requiring site plan approval by the Planning Board must comply with the provisions of § 249-100, Landscape regulations.
[Amended 7-26-2007 by L.L. No. 15-2007]
(4)
Existing trees, over 12 inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum extent possible.
[Added 7-26-2007 by L.L. No. 15-2007]
D.
Procedure for action upon site development plans.
(1)
Sketch plan conference. Prior to the formal submission of a site development plan, the applicant shall meet with the Planning Board. The purpose of such a conference shall be to discuss the proposed uses and/or development in order to determine which of the elements listed in Subsection E shall be submitted to the Planning Board so that the Board may act upon the proposal.
(2)
Within six months following the sketch plan conference, six copies of the site plan and any related information deemed necessary shall be submitted to the Planning Board at least 15 days prior to a regularly scheduled meeting. If said site plan is not submitted within the prescribed six-month period, a new sketch plan conference shall be required.
(3)
The Planning Board shall act to approve, disapprove or approve with modifications said site plan within 45 days after the meeting at which approval is requested.
(a)
Failure to act within the prescribed forty-five-day period shall be deemed an approval.
(b)
On all site plans which the Planning Board deems large in scope and importance (i.e., apartment projects, condominium projects, shopping centers, etc.), the forty-five-day time period shall not be utilized; instead, the following procedure shall be utilized:
[2]
Within six months following the sketch plan conference, six copies of the preliminary site plan and any related information deemed necessary shall be submitted to the Planning Board at least 15 days prior to a regularly scheduled meeting. If said site plan is not submitted within the prescribed six-month period, a new sketch plan conference shall be required.
[3]
If the preliminary site plan is located within 500 feet of a municipal boundary, boundary of an existing or proposed county or state park or other recreation area, a right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway, or any other county- or state-owned land, the site plan shall be forwarded to the Orange County Planning Department for review and action. If the site will involve access on any county or state roads, a copy of the preliminary site plan shall be forwarded to the Orange County Department of Public Works and/or Regional Office of the New York State Department of Transportation for their approval.
[4]
The Planning Board must hold a public hearing on the preliminary site plan within 45 days after the receipt of such site plan.
[Amended 12-12-2013 by Ord. No. 4-2013]
[a]
The hearing must be advertised at least once in a newspaper of general circulation in the Town at least 10 days before it is held and by posting notice thereof by certified mail to the owners of property within 500 feet of the proposed property.
[c]
The applicant shall also provide notice of the public hearing by certified mail to the school district in which the property is situated at least 10 days before it is held.
[5]
The Planning Board shall act to approve, approve with modifications or disapprove the preliminary site plan within 45 days after the public hearing.
[a]
Approval of preliminary site plan shall not in any way constitute an approval of the final site plan, but rather it shall be deemed an expression of basic design approval and as a guide to the preparation of the final site plan.
[b]
In the event that the Planning Board fails to act on a preliminary plat within the time noted, the site plan shall be deemed granted preliminary approval.
[6]
The approval of the preliminary site plan shall expire six months after the date of such formal action.
[a]
No further Planning Board action shall be taken after such expiration until a new application and filing fee are submitted.
[b]
An extension of the preliminary approval time may be granted in cases of proven hardship upon petition to the Planning Board if the application in question is in total compliance with all current zoning laws.
[7]
Within six months following the approval of the preliminary site plan, the applicant shall submit six copies of his final site plan. If the site plan is not submitted within the prescribed six-month period, the Planning Board shall refuse to act on the final site plan and shall require a submission starting with Subsection D(3)(b)[3].
[8]
The Commissioner of Public Works shall prepare and submit the performance bond estimate. (See Article XII) to the Planning Board.)
[9]
A second public hearing may be held, at the discretion of the Planning Board, within 45 days after the submission of the final site plan.
[a]
Such public hearing may be held if the Board feels that the final site plan is different enough from the preliminary site plan to warrant further public input.
[b]
In the event that such public hearing is held, the advertising of the notice and the notification by mail shall be identical with that of the public hearing on the preliminary site plan.
[10]
The Planning Board shall, within 45 days after the public hearing, if one is held, or within 45 days after the formal submission of the final site plan if no hearing is held, act to approve, disapprove or conditionally approve, with or without modifications, the final site plan.
[a]
The forty-five-day time period may be extended upon mutual consent of the developer and the Planning Board.
[b]
In the event that action is not taken within the prescribed time period, or the extended time period, the site plan shall be deemed approved.
[c]
If the final site plan is conditionally approved, the developer shall have six months in which to satisfy the conditions set forth. Said time period may be extended after the developer has petitioned the Board and proven hardship, if the application in question is in total compliance with current zoning laws.
[11]
The various information needed at either the preliminary or final site plan stage shall be determined by the Planning Board.
(4)
In accordance with §§ 239-l and 239-m, Article 12-B, of the General Municipal Law of the State of New York, any site plan application located within 500 feet of any municipal boundary of any existing or proposed county or state park or other recreation area, right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway, or county- or state-owned land shall be forwarded to the Orange County Department for review and action.
(5)
A stormwater pollution prevention plan (SWPP) consistent with the requirements of Chapter 203, Stormwater Management, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article XVIIA of this chapter. The approved site plan shall be consistent with the provisions of the Town’s Stormwater Management and Erosion and Sediment Control Plan.[1]
[Added 8-24-2006 by L.L. No. 10-2006]
[1]
Editor’s Note: This local law also redesignated former Subsection D(5) as Subsection D(6).
(6)
After the Planning Board has granted full site plan approval to a project, it may amend said site plan in its sole discretion upon application where the Planning Board deems said amendment to be minor in nature and in cases where structures have not already been constructed.
[Amended 4-12-1996 by L.L. No. 3-1996]
E.
Site development plan elements. The applicant shall cause a site plan map to be prepared by himself or an engineer, surveyor, architect, planner or landscape architect, each of whom must be licensed in New York State. Site plan elements shall include those listed below which are deemed appropriate to the proposed development as indicated by the Planning Board at the sketch plan conference.
(1)
Legal data.
(a)
Section, lot and block number taken from the latest tax records.
(b)
Name and address of the record owner.
(c)
Name and address of the person, firm or organization preparing the map; the pertinent license number and seal, if appropriate.
(d)
Date, North arrow and scale.
(e)
Sufficient description or information to precisely define the boundaries of the property.
(f)
The name, location and widths of all adjacent streets.
(g)
The names and locations of all adjoining lands as shown on the latest tax records.
(h)
Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property.
(i)
A complete outline of all deed restrictions or covenants applying to the property.
(j)
Existing zoning of the property.
(k)
A location map, at the maximum scale of one inch equals 2,000 feet, to indicate the relationship of the proposed use to its surrounding area.
(2)
Natural features.
(a)
Existing contours with intervals of five feet based on United States Geological Survey datum. On all projects which the Planning Board has deemed large in scope and importance [See § 249-38D(3)(b).], the contour interval shall be two feet based on United States Geological Survey datum.
(b)
Approximate boundaries of any areas subject to flooding and/or ponding.
(c)
Location of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter of 12 inches or more measured three feet above the ground, and any other existing features deemed appropriate.
(3)
Existing structures and utilities.
(a)
Location of all existing structures and uses on the site or within 100 feet of its property line.
(b)
Location of all paved areas, sidewalks and curb cuts on the site.
(c)
Location, size, type, gradient and flow direction of all existing culverts, sewers and waterlines.
(d)
Location of all existing utility services serving the site.
(e)
Other existing development, such as fences, landscaping, screening, etc.
(4)
Proposed development.
(a)
The location and size of all proposed buildings or structural improvements; proposed first floor elevations of all buildings.
(b)
The location and design of all uses not requiring structures, such as off-street parking and loading areas.
(c)
The location and size of all outdoor signs.
(d)
The location, direction, power and duration of use for any proposed outdoor lighting or public address system.
(e)
The location and arrangement of all proposed means of ingress and egress, sidewalks and other paved areas. Plans and profiles indicating the grading and cross-sectional makeup of the above.
(f)
The location of all proposed waterlines, valves and hydrants or wells.
(g)
The location of all proposed sewer lines or other means of sewage disposal and treatment.
(h)
Any proposed grading, screening and other landscaping, including types and locations.
(i)
An outline of any proposed deed restrictions or covenants.
(j)
Size, type and location of any contemplated improvements on adjoining property.
(k)
If the site plan only addresses a first stage of development, a supplementary plan shall indicate ultimate development.
(5)
Any other information deemed necessary by the Planning Board to determine conformity of the site plan with the intent and spirit of this chapter.
(6)
Minor changes. Notwithstanding anything contained herein, following site plan approval, the Planning Board Chairman and the Town's Consulting Engineer shall jointly have the authority to approve minor site plan changes for commercial properties, which changes shall not exceed 15% or an additional 900 square feet of ground floor space, whichever is less, provided that only one such change shall be permitted and all other original approval requirements remain in place. The Planning Board Chairman will inform the Planning Board and Town Board of his receipt and review of the requested changes and his intention to grant or deny said request in conjunction with the Town's Consulting Engineer. Such notification by the Chairman may be made to the Planning Board members by electronic means.
[Added 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.
§ 249-41 Miscellaneous procedures.
A.
Each decision of the Planning Board shall be recorded in accordance with the standard forms adopted by the Board and shall fully set forth the circumstances of the case. They also shall contain a complete record of the findings on which the decision is based. Copies of the above, with all substantiating documentation, shall be filed with the Town Clerk and the Building Inspector.
B.
Building permits for all townhouses, condominiums and apartments shall be issued as individual permits for each unit.
C.
All final approvals shall be valid for a period not to exceed 12 months. If the twelve-month period expires and no construction has been initiated, the approval shall be null and void.
[Amended 12-27-1979 by L.L. No. 8-1979]
(1)
The mere issuance of a building permit shall not extend the above-stated twelve-month period.
(2)
Prior to the expiration of the twelve-month period, the applicant may petition the Planning Board for an extension of final approval if the application in question is in total compliance with all current zoning laws.
(3)
Site plan approvals that were in effect as of September 13, 1979, when the Zoning Ordinance was adopted shall be extended for a period of one year.
[Added 2-14-1980 by L.L. No. 3-1980]
D.
Before the final approval can be granted on any project, all approvals, from all pertinent departments and agencies, in writing, must be in the hands of the Chairman of the Planning Board.
E.
For all lots or uses which require septic systems and/or wells, these systems must be designed and certified by a licensed professional engineer.
F.
Site plan expiration; hardship extension.
[Added 5-10-2007 by L.L. No. 9-2007]
(1)
Site plan expiration.
(b)
If the maximum period expires and at least one certificate of occupancy has not been obtained for at least one unit or structure on the site plan, then the site plan approval shall expire.
(c)
If the maximum period expires and at least one certificate of occupancy has been obtained, then the site plan shall expire as to any other or additional structures and/or units on the site plan, which require a certificate of occupancy, but which have not received a building permit within the maximum period. In this event, the units and/or structures not having timely received a building permit shall be deemed deleted from the site plan.
(d)
If any building permits which are obtained within the maximum period are permitted to subsequently expire without certificates of occupancy being issued within the time frame set forth elsewhere in this Code, then, in addition to any other ramifications provided elsewhere in this Code, the site plan shall expire as to those units or structures, and the units and/or structures shall be deemed deleted from the site plan.
(2)
Hardship extension.
(a)
Notwithstanding the foregoing, the Town Board may grant a hardship extension to any applicant or property owner, provided that no such application may be received after the date that a site plan shall be deemed to have expired or more than 30 days after the date that a unit and/or structure shall be deemed deleted from the site plan, pursuant to the provisions of this subsection, and provided that only one application shall be permitted as to any site plan or unit or structure contained on that site plan.
(b)
A hardship extension minimally shall be granted only upon a finding by the Town Board as to the following issues: that the site plan remains compliant with all then-current specifications, codes, and other requirements as to the improvements contemplated therein, including, without limitation, wetlands, water, sewer, drainage, roadways, curbing, building code, and so forth; that no outstanding violations of this Code exist at the time of the application, including that construction is compliant with the Code, the Planning Board's approvals, and the approved site plan; that the applicant and/or owner have proceeded diligently to complete the improvements contemplated by the site plan; that substantial construction of the improvements on the site plan already has been completed and is ongoing; and that the improvements and/or units and/or structures have not been completed timely through circumstances outside the control of the owner and/or applicant.
G.
Notwithstanding anything contained in the Town Code, no application of any kind shall be accepted for consideration by the Planning Board unless the applicant submits written confirmation from the appropriate taxing authorities that all property taxes, inclusive of county, Town, school, village and special district taxes, due and payable with respect to a parcel of property which is subject to the proposed application, are paid in full as of the date of the application, with the exception of those taxes which are due within 30 days of the application. Any hardship in complying with this provision may be appealed to the Zoning Board of Appeals for disposition.
[Added 4-9-2015 by L.L. No. 1-2015[1]]
[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.