Wallkill City Zoning Code

One-family detached dwellings, not to exceed one such dwelling per lot.

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:

[Amended 11-30-2005 by L.L. No. 11-2005; 4-9-2015 by L.L. No. 1-2015[1]]

Up to 784 square feet with a five-foot setback from all property lines;

Between 785 and 1,400 square feet with a ten-foot setback from all property lines;

Between 1,401 and 1,800 square feet with a fifteen-foot setback from all property lines.

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.

Buildings, structures and uses owned and operated by the Town of Wallkill.

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.

Both units must be under common ownership.

Both units must have the ability to meet all of the yard and size requirements of the RA District.

If, in the future, the building is to be sold, subdivision approval must be obtained from the Planning Board.

Accessory uses.

The keeping of livestock, other than pigs and mink.

[Amended 12-11-1997 by L.L. No. 8-1997]

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.

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]

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.

Editor's Note: See Ch. 70, Animals, Art. II, Swine and Mink.

The keeping of fowl.

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]

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]

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.

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]

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.

Such stand shall not exceed one story in height.

Such stand shall not exceed 1,000 square feet in total floor area.

One sign shall be permitted, in accordance with the pertinent provisions of § 249-11, only during the period of operation.

A veterinary hospital, in conjunction with a permitted agricultural operation.

[Amended 12-27-1990 by L.L. No. 18-1990]

Any kennels, runs or similar animal housing shall comply with the following:

Said uses shall be solely for use by animals undergoing hospital care.

Said uses shall be placed a minimum of 100 feet from any lot line and shall be fenced.

Said uses shall be screened from all surrounding properties.

All animals shall be confined in suitably enclosed and ventilated buildings between the hours of sunset and 7:00 a.m.

The outside storage of farm and earthmoving equipment, provided that such equipment is kept beyond the required minimum front yard.

Private garage.

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.

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 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.

Such approvals shall be valid for one year from the date of approval. They may be renewed for additional one-year periods.

No hazardous materials shall be placed or stored in any such storage truck trailers.

All such storage truck trailers shall remain legally registered and mounted on their wheels.

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 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.

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]

Public utility structures, buildings and rights-of-way necessary to serve areas within the Town, excluding business offices, repair facilities or equipment storage areas.

The following uses on lots of five acres or more, provided that no building shall be erected nearer than 50 feet to any street or property line and the lot coverage shall not exceed 20%:

Nursing homes for general medical care.

Housing for persons with disabilities.

Camps.

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]

No building, tent, activity area or recreation facility shall be located nearer than 100 feet to any property line.

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.

No existing permitted campgrounds which are operating as of the effective date of this amendment shall be affected hereby.

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:

Such use shall occupy a lot with an area of not less than two acres.

No building or structure shall be erected nearer than 50 feet to any lot line.

Plans for all outdoor public address systems are approved by the Planning Board.

Plans for lighting of outdoor recreational facilities are approved by the Planning Board.

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.

Cemeteries.

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]

Places of worship.

[Amended 8-26-2021 by L.L. No. 6-2021]

The minimum lot size shall be ten acres.

No building shall be nearer than 50 feet to any lot line.

The maximum lot coverage and all site improvements, including paving, sidewalks and handicapped ramps shall be 20%.

Home occupations.

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.

No display of goods shall be visible from the street.

The premises shall not be used in any manner so as to cause injury or disturbance to the surrounding properties, their owners or occupants.

No person, outside the resident family, shall be employed in the home occupation.

No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced or allowed on the premises.

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.

Two-family dwellings.

No more than one such dwelling may be placed on a lot.

Upon sketch plat submission, the Planning Board shall set the allowable percentage of two-family homes in each subdivision.

The following lot and building standards shall apply to two-family houses:

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

The minimum required lot size shall be arrived at in accord with § 249-19D(2).

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]

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

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

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.

Procedure for determining the maximum number of lots permitted.

Select soil types which are found on your site, and thereby the soil group.

Calculate and enter the acreage in each soil group.

Enter the environmental factor for each soil group.

Multiply each environmental factor by the acreage in each soil group.

Total the environmental acreage quotas. This is the maximum number of lots permitted.

Procedure for determining the minimum lot size.

Delineate the various soil types and soil groups on the subdivision plat.

The lot size shall be determined by establishing which soil type, and thereby which soil group, the proposed septic system is being placed on.

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.)

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.

As stated in the Town of Wallkill Subdivision Regulations,[5] there are soils on which septic systems shall not be allowed.

Editor's Note: See Ch. 209, Subdivision of Land.

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.

§ 249-19.1 RA-1 Low-Density Agricultural District.

[Added 7-26-2007 by L.L. No. 15-2007]

Purpose. The RA-1 District is intended to provide areas of the Town of Wallkill for agricultural and farming operations.

Permitted uses.

One-family detached dwellings, not to exceed one such dwelling per lot.

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.

Public use.

Places of worship.

[Amended 8-26-2021 by L.L. No. 6-2021]

The minimum lot size shall be three acres.

No building shall be nearer than 50 feet to any lot line.

The maximum lot coverage shall be 20%.

Special permit uses.

Schools and educational institutions.

Commercial recreation.

Cemeteries.

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]

Home occupations.

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.

No display of goods shall be visible from the street.

The premises shall not be used in any manner so as to cause injury or disturbance to the surrounding properties, their owners or occupants.

No person, outside the resident family, shall be employed in the home occupation.

No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced or allowed on the premises.

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.

Dog kennels.

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;

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;

Said uses shall be screened and fenced from all surrounding properties;

All animals shall be confined in suitably enclosed and ventilated buildings between the hours of sunset and 7:00 a.m.

Accessory uses and structures.

The keeping of livestock, other than pigs and mink.

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.

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.

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.

Editor's Note: See Ch. 70, Animals, Art. II, Swine and Mink.

Keeping of fowl.

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.

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.

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.

Such stand shall not exceed one story in height.

Such stand shall not exceed 1,000 square feet in total floor area.

One sign shall be permitted, in accordance with the pertinent provisions of § 249-11, only during the period of operation.

A veterinary hospital, in conjunction with a permitted agricultural operation.

Any kennels, runs or similar animal housing shall comply with the following:

Said uses shall be solely for use by animals undergoing hospital care;

Said uses shall be placed a minimum of 100 feet from any lot line and shall be fenced;

Said uses shall be screened from all surrounding properties.

All animals shall be confined in suitably enclosed and ventilated buildings between the hours of sunset and 7:00 a.m.

The outside storage of farm and earthmoving equipment, provided that such equipment is kept beyond the required minimum front yard.

Private garage.

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]

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.

Such approvals shall be valid for one year from the date of approval. They may be renewed for additional one-year periods.

No hazardous materials shall be placed or stored in any such storage truck trailers.

All such storage truck trailers shall remain legally registered and mounted on their wheels.

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]

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

Soil factors and lot size information.

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

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

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.[2]

Editor's Note: See § 249-80.

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

[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.

§ 249-20 R-2 Suburban Residential District.

Permitted uses.

One-family detached dwellings, not to exceed one such dwelling per lot.

Growing of crops and orchards.

Buildings, structures and uses owned and operated by the Town of Wallkill.

Tourist homes and lodging houses.

Accessory uses.

The keeping of livestock, other than pigs and mink.

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]

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]

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.

Editor's Note: See Ch. 70, Animals, Art. II, Swine and Mink.

The keeping of fowl.

The minimum lot size shall be 10 acres.

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.

The keeping of dogs or cats. Not more than three dogs or cats, over six months of age, may be harbored per dwelling unit.

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.

Such stand shall not exceed one story in height.

Such stand shall not exceed 1,000 square feet in total floor area.

One sign shall be permitted, in accordance with the pertinent provisions of § 249-11, only during the period of operation.

The outside storage of farm and earthmoving equipment, provided that such equipment is kept beyond the required minimum front yard.

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]

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]]

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.

Special permit uses and uses subject to plan approval by the Planning Board, in accordance with the provisions of Article XI herein.

Home occupations.

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.

No display of goods shall be visible from the street.

The premises shall not be used in any manner so as to cause injury or disturbance to the surrounding properties, their owners or occupants.

No person, outside the resident family, shall be employed in the home occupation.

No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced or allowed on the premises.

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.

Public utility structures, buildings and rights-of-way necessary to serve areas within the Town, excluding business offices, repair facilities or equipment storage areas.

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%.

Hospitals, sanitariums and nursing homes for general medical care.

Philanthropic and eleemosynary institutions.

Schools, colleges and other educational institutions.

Day-care centers and nursery schools.

[Added 12-27-1990 by L.L. No. 18-1990]

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.

The required outdoor play area shall be adequate in size and location as determined by the Planning Board.

No play area shall be located in a required front yard.

All play areas shall be fenced and suitably landscaped and buffered.

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.

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.

There shall be a minimum of one toilet per 15 children.

Access shall be adequate to handle traffic in a safe and efficient manner.

Day-care centers shall be licensed by the New York State Department of Social Services prior to operating such facilities.

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.

Camps.

No tent, activity area or recreation facility shall be nearer than 100 feet to any property line.

The gross minimum lot size shall be calculated based on 10,000 square feet per tent or cottage.

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:

Such use shall occupy a lot with an area of not less than two acres.

No building or structure shall be erected nearer than 50 feet to any lot line.

Plans for all outdoor public address systems are approved by the Planning Board.

Plans for lighting of outdoor recreational facilities are approved by the Planning Board.

Places of worship.

[Amended 8-26-2021 by L.L. No. 6-2021]

The minimum lot size shall be three acres.

No building shall be nearer than 50 feet to any lot line.

The maximum lot coverage shall be 20%.

Cemeteries.

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]

Mobile home parks in accordance with Article VIII.

Neighborhood grocery stores.

No such use may be located closer than one mile to a similar use.

The minimum lot size shall be 40,000 square feet.

The minimum road frontage shall be 150 feet.

The maximum floor area shall be 1,500 square feet.

No on-site consumption of food or beverages shall be permitted.

Two-family dwellings.

No more than one such dwelling may be placed on a lot.

Upon sketch plat submission, the Planning Board shall set the allowable percentage of two-family homes in each subdivision.

The minimum required lot size and building standards shall be arrived at in accord with § 249-19D.

[Amended 11-14-2002 by L.L. No. 12-2002; 1-25-2007 by L.L. No. 3-2007]

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]

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.

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.

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).

§ 249-21 (Reserved) [1]

Editor’s Note: Former § 249-21, Cluster developments, was repealed 11-30-2005 by L.L. No. 12-2005. See now § 249-80, Conservation subdivisions.

§ 249-22 R-1 Medium-Density Residential District.

Permitted uses.

One-family detached dwellings not to exceed one such unit per lot.

Buildings, structures and uses owned and operated by the Town of Wallkill.

Accessory uses.

The renting of rooms, by a resident family, in a one-family dwelling for rooming or boarding purposes only.

Accommodations for no more than two boarders can be provided in each dwelling unit.

[Amended 10-11-2012 by L.L. No. 7-2012]

Accommodations for no more than two roomers may be provided in each townhouse unit.

Customary accessory uses, including private garages, sheds and pools.

The keeping of dogs or cats. Not more than three dogs or cats, over six months of age, may be harbored per dwelling unit.

Special permit uses and uses subject to plan approval by the Planning Board, in accordance with the provisions of Article XI.

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.

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%.

Hospitals, sanitariums and medical arts buildings for general medical care.

Philanthropic or eleemosynary institutions.

Day-care centers and nursery schools.

[Added 12-27-1990 by L.L. No. 18-1990]

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.

The required outdoor play area shall be adequate in size and location as determined by the Planning Board.

No play area shall be located in a required front yard.

All play areas shall be fenced and suitably landscaped and buffered.

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.

There shall be a minimum of one toilet per 15 children.

Access shall be adequate to handle traffic in a safe and efficient manner.

Day-care centers shall be licensed by the New York State Department of Social Services prior to operating such facilities.

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.

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.

Places of worship.

[Amended 8-26-2021 by L.L. No. 6-2021]

The minimum lot size shall be three acres.

No building shall be nearer than 50 feet to any lot line.

The maximum lot coverage shall be 20%.

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%.

Schools, public, religious or private, including playgrounds, athletic fields and other customary accessory uses.

Public libraries and museums.

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:

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.

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.

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.

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.

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]

There shall be no parking areas located in required yards.

All fees applicable to individual dwellings found within the Subdivision Regulations shall be applicable to each individual apartment unit.

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.

The site shall be served with public sewer and public water facilities.

[Added 12-9-2009 by L.L. No. 8-2009[1]]

Editor’s Note: This local law also provided for the redesignation of former Subsection C(6)(i) as Subsection C(6)(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.

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:

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.

Adequate recreational facilities shall be provided as set forth in Article X.

The site shall be served with public sewer and public water facilities.

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.

[Amended 12-9-2009 by L.L. No. 8-2009]

The site shall incorporate suitably enclosed, equipped and landscaped children's playlots subject to Planning Board approval.

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.

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.

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.

A series of detached one-family dwelling units, not owned in fee simple but in condominium ownership, provided that:

The maximum depth of any series of units (either in a cul-de-sac or parking lot arrangement) shall be 132 feet.

Adequate recreational facilities must be approved as set forth in Article X.

The site shall be served with public sewer and public water facilities.

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.

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]

The site shall incorporate suitably enclosed, equipped and landscaped children's playlots subject to Planning Board approval.

The minimum distance between side and rear elevations of principal buildings within each cluster shall be eight feet.

The minimum distance between any cluster grouping of units shall be 50 feet.

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.

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:

If the roads are to be dedicated, they must be built totally in conformance with the Town's minimum specifications.[2]

Editor's Note: See Ch. A251, Street Specifications.

If the roads are not to be dedicated, at least one of the means of access to each cluster must be built to the Town's minimum specifications in all aspects except right-of-way width.

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.

Two-family dwellings and conversions of one-family dwellings to two-family dwellings.

There shall be no more than one structure per lot.

The lot must be served by both public water and public sewerage systems.

Cemeteries.

[Added 2-11-1982 by L.L. No. 1-1982]

The minimum lot size, when not accessory to a religious institution, shall be three acres.

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]

[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.

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.

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.

[Amended 12-9-2009 by L.L. No. 8-2009]

There may be no parking located in required yards.

The complex may consist of only efficiency and one-bedroom units, except for one two-bedroom unit for the building superintendent/resident manager.

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.

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]

Lot and building standards in the R-1 District.

[Amended 11-30-2005 by L.L. No. 12-2005]

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.

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.

§ 249-23 R-M(B) Multiple-Family (Bonus) Residential District.

[Added 4-23-1987 by L.L. No. 2-1987]

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.

Accessory uses.

The keeping of dogs or cats. Not more than three dogs or cats, over six months of age, may be harbored per dwelling unit.

Special permit uses and uses subject to plan approval by the Planning Board, in accordance with the provisions of Article XI.

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.

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.

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.

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.

[Amended 12-9-2009 by L.L. No. 8-2009]

There shall be no parking areas located in required yards.

All fees applicable to individual dwellings found within the Subdivision Regulations[1] shall be applicable to each individual apartment unit.

Editor's Note: See Ch. 209, Subdivision of Land.

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)
	(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.

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:

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.

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.

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]

Maximum rent levels.

The maximum monthly rent for a moderate-income unit, including utilities, shall not exceed the following standards:

One-person family: $431.

Two-person family: $492.

[c]

Three-person family: $555.

[d]

Four-person family: $616.

[e]

Five-person family: $654.

[f]

Six-person family: $694.

These rent levels are based upon 30% of the maximum gross monthly income for each specific family size. The utility cost deductions for each unit size shall be based upon the current Section 8 existing subsidy utility allowance standards.

Minimum floor area. The minimum gross floor area per moderate-income dwelling unit shall not be less than the following:

Efficiency: 450 square feet.

One bedroom: 700 square feet.

Two bedrooms: 850 square feet.

Three bedrooms: 1,050 square feet.

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.

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:

Residents of the Town of Wallkill.

Persons employed in the Town of Wallkill.

Residents of Orange County.

All others.

Selection priorities. Within the context of the above-stated eligibility priorities, applicants shall be selected according to the following:

Families displaced by governmental action.

Families whose head of household or spouse is 62 years of age or older.

Families of which the head of household or spouse is handicapped (certified by a physician).

Continued eligibility.

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.

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.

Administration.

The approval for a developer to utilize the moderate-income density bonus provision shall be undertaken as a special permit use under §§ 249-38 and 249-39 of this chapter.

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.

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.

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.

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.

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.

The owner shall annually certify to the Town that the development is in compliance with the terms of its approval and this section.

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.

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.

§ 249-24 R-AH Residential District (Floating Zone).

[Added 2-25-1988 by L.L. No. 4-1988]

Anchoring the zone.

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.

An application to the Town Board for rezoning for an affordable housing development shall include the following:

The developer shall submit a detailed pro forma analysis indicating that the proposed development will be affordable to moderate-income residents.

The developer shall submit his economic analysis or other evidence illustrating the need for affordable housing of the type proposed.

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.

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.

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.

Affordability. All dwelling units constructed in the R-AH District shall be affordable to moderate-income residents.

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.

Moderately priced dwelling unit: a dwelling unit which is sold or rented in accordance with the following:

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.

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.

Restriction on sale or lease and subsequent resale.

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.

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.

Administration.

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.

The Town shall certify as eligible all applicants for the moderate-income dwelling units.

The Town shall, following irregular program advertisements, maintain a list of preliminary eligible applicants.

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.

Permitted uses shall be as follows:

One-family detached dwellings not to exceed one such unit per lot.

Accessory uses shall be as follows:

Customary accessory uses, including private garages, sheds and pools.

The keeping of dogs or cats. Not more than three dogs or cats, over six months of age, may be harbored per dwelling unit.

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:

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:

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.

The minimum distance between facing elevations of principal buildings shall be 35 feet.

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.

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.

Adequate recreational facilities shall be provided as set forth in Article X.

Every attempt should be made to design the development so no parking areas are located in required yards.

The parcel shall be served with public sewer and public water facilities.

The following lot and building standards shall apply:

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.)

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.

The site shall have a minimum lot width of 200 feet.

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.

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.

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.

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%.

The maximum permitted building height shall be three stories.

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.

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

Continued eligibility.

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.

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.

Buffering and landscaping requirements shall be in accordance with § 249-100.

[Added 12-9-2009 by L.L. No. 8-2009]

Mobile home courts.

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.

The parcel shall be served with public sewer and public water facilities.

All individual mobile home lots shall be owned in fee simple by the dwelling unit owner.

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.

Each mobile home lot shall be provided with piers and tie-downs and a concrete patio of at least 10 feet by 20 feet.

Each mobile home lot without a basement shall be provided with a four-inch-thick concrete base under each mobile home.

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.

There shall be provided, within the mobile home court, suitably enclosed, equipped and landscaped children's playlots in accordance with Article X.

Adequate recreational facilities shall be provided within the mobile home court in accordance with Article X.

Each mobile home shall be provided with a mobile home skirt.

Buffering and landscaping requirements shall be in accordance with § 249-100.

[Added 12-9-2009 by L.L. No. 8-2009[1]]

Editor’s Note: This local law also provided for the redesignation of former Subsection G(2)(k) as Subsection G(2)(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

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.

§ 249-24.1 (APR) Airport Residential District.

[Added 2-25-1988 by L.L. No. 4-1988]

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.

Accessory uses shall be as follows:

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.

Customary accessory uses, including private garages, sheds, hangars for airplanes and swimming pools. Hangars for airplanes shall not exceed 60 feet by 60 feet.

The keeping of dogs or cats. Not more than three dogs or cats, over six months of age, may be harbored per dwelling unit.

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.

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:

Airport, heliport, gliderport and related uses.

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.

The hours of operation may be limited by the Planning Board to prevent disturbances to off-site residences.

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.

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.

Vending machines, newsstands, governmental installations, airlines and express offices and aircraft repair facilities may be permitted within completely enclosed buildings.

The storage and sale of aviation gasoline and aircraft repair parts and accessories may be permitted.

Eating and drinking establishments.

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.

One-family detached dwellings not to exceed one such unit per lot.

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:

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.

Adequate recreational facilities shall be provided as set forth in Article X.

The site shall be served with public sewer and public water facilities.

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.

Off-street parking and service yards shall be suitably landscaped to assure an attractive environment with the site.

The site shall incorporate suitably enclosed, equipped and landscaped children's playlots, subject to Planning Board approval.

When designing off-street parking spaces 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.

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.

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.

The following lot and building standards shall apply:

The minimum required lot size shall be five acres.

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.)

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.

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.

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.

The maximum lot coverage shall be 20%.

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.

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

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.

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.

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.

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.

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.

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.

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]

Editor's Note: See Ch. 194, Sewers and Sewage Disposal, Art. II, Sewer Use.

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.

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.

§ 249-24.2 Dead-end roads and culs-de-sac.

[Added 1-13-2005 by L.L. No. 2-2005; amended 12-9-2009 by L.L. No. 8-2009]

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.

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.

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.

Wallkill City Zoning Code

ARTICLE V

Regulations Pertaining to Residential Districts

§ 249-19 RA Rural Agricultural District.

Permitted uses.

One-family detached dwellings, not to exceed one such dwelling per lot.

[Amended 11-30-2005 by L.L. No. 11-2005; 4-9-2015 by L.L. No. 1-2015[1]]

Up to 784 square feet with a five-foot setback from all property lines;

Between 785 and 1,400 square feet with a ten-foot setback from all property lines;

Between 1,401 and 1,800 square feet with a fifteen-foot setback from all property lines.

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.

Buildings, structures and uses owned and operated by the Town of Wallkill.

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.

Both units must be under common ownership.

Both units must have the ability to meet all of the yard and size requirements of the RA District.

If, in the future, the building is to be sold, subdivision approval must be obtained from the Planning Board.

Accessory uses.

The keeping of livestock, other than pigs and mink.

[Amended 12-11-1997 by L.L. No. 8-1997]

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.

[Amended 11-14-2002 by L.L. No. 9-2002]

Editor's Note: See Ch. 70, Animals, Art. II, Swine and Mink.

The keeping of fowl.

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]

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]

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.

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]

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.

Such stand shall not exceed one story in height.

Such stand shall not exceed 1,000 square feet in total floor area.

One sign shall be permitted, in accordance with the pertinent provisions of § 249-11, only during the period of operation.

A veterinary hospital, in conjunction with a permitted agricultural operation.

[Amended 12-27-1990 by L.L. No. 18-1990]

Any kennels, runs or similar animal housing shall comply with the following:

Said uses shall be solely for use by animals undergoing hospital care.

Said uses shall be placed a minimum of 100 feet from any lot line and shall be fenced.

Said uses shall be screened from all surrounding properties.

All animals shall be confined in suitably enclosed and ventilated buildings between the hours of sunset and 7:00 a.m.

The outside storage of farm and earthmoving equipment, provided that such equipment is kept beyond the required minimum front yard.

Private garage.

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.

[Added 2-25-1988 by L.L. No. 4-1988]

Such approvals shall be valid for one year from the date of approval. They may be renewed for additional one-year periods.

No hazardous materials shall be placed or stored in any such storage truck trailers.

All such storage truck trailers shall remain legally registered and mounted on their wheels.

[Added 7-30-1990 by L.L. No. 9-1990; amended 7-26-2007 by L.L. No. 15-2007]

Special permit uses and uses subject to plan approval by the Planning Board in accordance with the provisions of Article XI herein.

Public utility structures, buildings and rights-of-way necessary to serve areas within the Town, excluding business offices, repair facilities or equipment storage areas.

The following uses on lots of five acres or more, provided that no building shall be erected nearer than 50 feet to any street or property line and the lot coverage shall not exceed 20%:

Nursing homes for general medical care.

Housing for persons with disabilities.

Camps.

[Amended 8-26-2021 by L.L. No. 6-2021]

No building, tent, activity area or recreation facility shall be located nearer than 100 feet to any property line.

No existing permitted campgrounds which are operating as of the effective date of this amendment shall be affected hereby.

Such use shall occupy a lot with an area of not less than two acres.

No building or structure shall be erected nearer than 50 feet to any lot line.

Plans for all outdoor public address systems are approved by the Planning Board.

Plans for lighting of outdoor recreational facilities are approved by the Planning Board.

Cemeteries.

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]

Places of worship.

[Amended 8-26-2021 by L.L. No. 6-2021]

The minimum lot size shall be ten acres.

No building shall be nearer than 50 feet to any lot line.

The maximum lot coverage and all site improvements, including paving, sidewalks and handicapped ramps shall be 20%.

Home occupations.

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.

No display of goods shall be visible from the street.

The premises shall not be used in any manner so as to cause injury or disturbance to the surrounding properties, their owners or occupants.

No person, outside the resident family, shall be employed in the home occupation.

No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced or allowed on the premises.

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.

Two-family dwellings.

No more than one such dwelling may be placed on a lot.

Upon sketch plat submission, the Planning Board shall set the allowable percentage of two-family homes in each subdivision.

The following lot and building standards shall apply to two-family houses:

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

The minimum required lot size shall be arrived at in accord with § 249-19D(2).

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]

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

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

[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.

Procedure for determining the maximum number of lots permitted.

Select soil types which are found on your site, and thereby the soil group.

Calculate and enter the acreage in each soil group.

Enter the environmental factor for each soil group.

Multiply each environmental factor by the acreage in each soil group.

Total the environmental acreage quotas. This is the maximum number of lots permitted.

Procedure for determining the minimum lot size.

Delineate the various soil types and soil groups on the subdivision plat.

The lot size shall be determined by establishing which soil type, and thereby which soil group, the proposed septic system is being placed on.

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.)

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.

As stated in the Town of Wallkill Subdivision Regulations,[5] there are soils on which septic systems shall not be allowed.

Editor's Note: See Ch. 209, Subdivision of Land.

§ 249-19.1 RA-1 Low-Density Agricultural District.

[Added 7-26-2007 by L.L. No. 15-2007]

Purpose. The RA-1 District is intended to provide areas of the Town of Wallkill for agricultural and farming operations.

Permitted uses.

One-family detached dwellings, not to exceed one such dwelling per lot.

Public use.

Places of worship.

[Amended 8-26-2021 by L.L. No. 6-2021]

The minimum lot size shall be three acres.

No building shall be nearer than 50 feet to any lot line.

The maximum lot coverage shall be 20%.

Special permit uses.

Schools and educational institutions.

Commercial recreation.

Cemeteries.

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]

Home occupations.

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.

No display of goods shall be visible from the street.

The premises shall not be used in any manner so as to cause injury or disturbance to the surrounding properties, their owners or occupants.

No person, outside the resident family, shall be employed in the home occupation.

No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced or allowed on the premises.

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.

Dog kennels.

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;

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;

Said uses shall be screened and fenced from all surrounding properties;

All animals shall be confined in suitably enclosed and ventilated buildings between the hours of sunset and 7:00 a.m.

Accessory uses and structures.

The keeping of livestock, other than pigs and mink.

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.

Editor's Note: See Ch. 70, Animals, Art. II, Swine and Mink.

Keeping of fowl.

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.

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.

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.

Such stand shall not exceed one story in height.

Such stand shall not exceed 1,000 square feet in total floor area.

One sign shall be permitted, in accordance with the pertinent provisions of § 249-11, only during the period of operation.

A veterinary hospital, in conjunction with a permitted agricultural operation.

Any kennels, runs or similar animal housing shall comply with the following:

Said uses shall be solely for use by animals undergoing hospital care;

Said uses shall be placed a minimum of 100 feet from any lot line and shall be fenced;

Said uses shall be screened from all surrounding properties.

All animals shall be confined in suitably enclosed and ventilated buildings between the hours of sunset and 7:00 a.m.

The outside storage of farm and earthmoving equipment, provided that such equipment is kept beyond the required minimum front yard.

Private garage.

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]

Such approvals shall be valid for one year from the date of approval. They may be renewed for additional one-year periods.

No hazardous materials shall be placed or stored in any such storage truck trailers.

All such storage truck trailers shall remain legally registered and mounted on their wheels.

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]

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

Soil factors and lot size information.

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

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

Editor's Note: See § 249-80.

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

[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.

§ 249-20 R-2 Suburban Residential District.

Permitted uses.

One-family detached dwellings, not to exceed one such dwelling per lot.

Growing of crops and orchards.

Buildings, structures and uses owned and operated by the Town of Wallkill.

Tourist homes and lodging houses.

Accessory uses.

The keeping of livestock, other than pigs and mink.

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]

[Amended 9-11-2003 by L.L. No. 9-2003]

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.

Editor's Note: See Ch. 70, Animals, Art. II, Swine and Mink.

The keeping of fowl.

The minimum lot size shall be 10 acres.

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.

The keeping of dogs or cats. Not more than three dogs or cats, over six months of age, may be harbored per dwelling unit.

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.

Such stand shall not exceed one story in height.

Such stand shall not exceed 1,000 square feet in total floor area.

One sign shall be permitted, in accordance with the pertinent provisions of § 249-11, only during the period of operation.

The outside storage of farm and earthmoving equipment, provided that such equipment is kept beyond the required minimum front yard.

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]

[Amended 4-9-2015 by L.L. No. 1-2015[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.

Special permit uses and uses subject to plan approval by the Planning Board, in accordance with the provisions of Article XI herein.

Home occupations.

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.

No display of goods shall be visible from the street.

The premises shall not be used in any manner so as to cause injury or disturbance to the surrounding properties, their owners or occupants.

No person, outside the resident family, shall be employed in the home occupation.

No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced or allowed on the premises.

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.

Public utility structures, buildings and rights-of-way necessary to serve areas within the Town, excluding business offices, repair facilities or equipment storage areas.

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%.

Hospitals, sanitariums and nursing homes for general medical care.

Philanthropic and eleemosynary institutions.

Schools, colleges and other educational institutions.

Day-care centers and nursery schools.

[Added 12-27-1990 by L.L. No. 18-1990]

The required outdoor play area shall be adequate in size and location as determined by the Planning Board.

No play area shall be located in a required front yard.

All play areas shall be fenced and suitably landscaped and buffered.

There shall be a minimum of one toilet per 15 children.

Access shall be adequate to handle traffic in a safe and efficient manner.

Day-care centers shall be licensed by the New York State Department of Social Services prior to operating such facilities.

Camps.

No tent, activity area or recreation facility shall be nearer than 100 feet to any property line.

The gross minimum lot size shall be calculated based on 10,000 square feet per tent or cottage.

Such use shall occupy a lot with an area of not less than two acres.

No building or structure shall be erected nearer than 50 feet to any lot line.

Plans for all outdoor public address systems are approved by the Planning Board.

Plans for lighting of outdoor recreational facilities are approved by the Planning Board.

Places of worship.

[Amended 8-26-2021 by L.L. No. 6-2021]

The minimum lot size shall be three acres.

No building shall be nearer than 50 feet to any lot line.

The maximum lot coverage shall be 20%.

Cemeteries.

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]

Mobile home parks in accordance with Article VIII.

Neighborhood grocery stores.

No such use may be located closer than one mile to a similar use.

The minimum lot size shall be 40,000 square feet.

The minimum road frontage shall be 150 feet.

The maximum floor area shall be 1,500 square feet.

No on-site consumption of food or beverages shall be permitted.

Two-family dwellings.

No more than one such dwelling may be placed on a lot.

Upon sketch plat submission, the Planning Board shall set the allowable percentage of two-family homes in each subdivision.

The minimum required lot size and building standards shall be arrived at in accord with § 249-19D.

[Amended 11-14-2002 by L.L. No. 12-2002; 1-25-2007 by L.L. No. 3-2007]

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]

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.

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.

§ 249-21 (Reserved) [1]

Editor’s Note: Former § 249-21, Cluster developments, was repealed 11-30-2005 by L.L. No. 12-2005. See now § 249-80, Conservation subdivisions.

§ 249-22 R-1 Medium-Density Residential District.

Permitted uses.

One-family detached dwellings not to exceed one such unit per lot.

Buildings, structures and uses owned and operated by the Town of Wallkill.

Accessory uses.

The renting of rooms, by a resident family, in a one-family dwelling for rooming or boarding purposes only.

Accommodations for no more than two boarders can be provided in each dwelling unit.

[Amended 10-11-2012 by L.L. No. 7-2012]

Accommodations for no more than two roomers may be provided in each townhouse unit.

Customary accessory uses, including private garages, sheds and pools.

The keeping of dogs or cats. Not more than three dogs or cats, over six months of age, may be harbored per dwelling unit.

Special permit uses and uses subject to plan approval by the Planning Board, in accordance with the provisions of Article XI.

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.

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%.

Hospitals, sanitariums and medical arts buildings for general medical care.

Philanthropic or eleemosynary institutions.

Day-care centers and nursery schools.

[Added 12-27-1990 by L.L. No. 18-1990]

The required outdoor play area shall be adequate in size and location as determined by the Planning Board.

No play area shall be located in a required front yard.

All play areas shall be fenced and suitably landscaped and buffered.

There shall be a minimum of one toilet per 15 children.

Access shall be adequate to handle traffic in a safe and efficient manner.

Day-care centers shall be licensed by the New York State Department of Social Services prior to operating such facilities.

Places of worship.

[Amended 8-26-2021 by L.L. No. 6-2021]

The minimum lot size shall be three acres.

No building shall be nearer than 50 feet to any lot line.

The maximum lot coverage shall be 20%.

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%.

Schools, public, religious or private, including playgrounds, athletic fields and other customary accessory uses.

Public libraries and museums.

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.

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.

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.

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.

[Amended 12-9-2009 by L.L. No. 8-2009]

There shall be no parking areas located in required yards.

All fees applicable to individual dwellings found within the Subdivision Regulations shall be applicable to each individual apartment unit.

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.

The site shall be served with public sewer and public water facilities.

[Added 12-9-2009 by L.L. No. 8-2009[1]]

Editor’s Note: This local law also provided for the redesignation of former Subsection C(6)(i) as Subsection C(6)(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.

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:

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.

Adequate recreational facilities shall be provided as set forth in Article X.

The site shall be served with public sewer and public water facilities.

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.

[Amended 12-9-2009 by L.L. No. 8-2009]

The site shall incorporate suitably enclosed, equipped and landscaped children's playlots subject to Planning Board approval.

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.

A series of detached one-family dwelling units, not owned in fee simple but in condominium ownership, provided that:

The maximum depth of any series of units (either in a cul-de-sac or parking lot arrangement) shall be 132 feet.

Adequate recreational facilities must be approved as set forth in Article X.

The site shall be served with public sewer and public water facilities.

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.

[Amended 12-9-2009 by L.L. No. 8-2009]

The site shall incorporate suitably enclosed, equipped and landscaped children's playlots subject to Planning Board approval.

The minimum distance between side and rear elevations of principal buildings within each cluster shall be eight feet.

The minimum distance between any cluster grouping of units shall be 50 feet.

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.

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:

If the roads are to be dedicated, they must be built totally in conformance with the Town's minimum specifications.[2]

Editor's Note: See Ch. A251, Street Specifications.

If the roads are not to be dedicated, at least one of the means of access to each cluster must be built to the Town's minimum specifications in all aspects except right-of-way width.

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.

Two-family dwellings and conversions of one-family dwellings to two-family dwellings.

There shall be no more than one structure per lot.

The lot must be served by both public water and public sewerage systems.

Cemeteries.

[Added 2-11-1982 by L.L. No. 1-1982]

The minimum lot size, when not accessory to a religious institution, shall be three acres.

[Added 5-26-1983 by L.L. No. 8-1983]

[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.

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.

[Amended 12-9-2009 by L.L. No. 8-2009]

There may be no parking located in required yards.

The complex may consist of only efficiency and one-bedroom units, except for one two-bedroom unit for the building superintendent/resident manager.

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.

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]

Lot and building standards in the R-1 District.

[Amended 11-30-2005 by L.L. No. 12-2005]

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.

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.

§ 249-23 R-M(B) Multiple-Family (Bonus) Residential District.

[Added 4-23-1987 by L.L. No. 2-1987]

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.

Accessory uses.

The keeping of dogs or cats. Not more than three dogs or cats, over six months of age, may be harbored per dwelling unit.

Special permit uses and uses subject to plan approval by the Planning Board, in accordance with the provisions of Article XI.

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.

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.

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.

[Amended 12-9-2009 by L.L. No. 8-2009]

There shall be no parking areas located in required yards.

All fees applicable to individual dwellings found within the Subdivision Regulations[1] shall be applicable to each individual apartment unit.

Editor's Note: See Ch. 209, Subdivision of Land.

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)
	(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.

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]

Maximum rent levels.

The maximum monthly rent for a moderate-income unit, including utilities, shall not exceed the following standards:

One-person family: $431.

Two-person family: $492.

[c]

Three-person family: $555.

[d]

Four-person family: $616.

[e]

Five-person family: $654.

[f]

Six-person family: $694.

Minimum floor area. The minimum gross floor area per moderate-income dwelling unit shall not be less than the following:

Efficiency: 450 square feet.

One bedroom: 700 square feet.

Two bedrooms: 850 square feet.

Three bedrooms: 1,050 square feet.

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.

Residents of the Town of Wallkill.

Persons employed in the Town of Wallkill.

Residents of Orange County.

All others.

Selection priorities. Within the context of the above-stated eligibility priorities, applicants shall be selected according to the following:

Families displaced by governmental action.

Families whose head of household or spouse is 62 years of age or older.

Families of which the head of household or spouse is handicapped (certified by a physician).

Continued eligibility.

Administration.

The approval for a developer to utilize the moderate-income density bonus provision shall be undertaken as a special permit use under §§ 249-38 and 249-39 of this chapter.

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.

The owner shall annually certify to the Town that the development is in compliance with the terms of its approval and this section.

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)

(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)

§ 249-24 R-AH Residential District (Floating Zone).

[Added 2-25-1988 by L.L. No. 4-1988]

Anchoring the zone.

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.

An application to the Town Board for rezoning for an affordable housing development shall include the following:

The developer shall submit a detailed pro forma analysis indicating that the proposed development will be affordable to moderate-income residents.

The developer shall submit his economic analysis or other evidence illustrating the need for affordable housing of the type proposed.

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.

Affordability. All dwelling units constructed in the R-AH District shall be affordable to moderate-income residents.

Moderately priced dwelling unit: a dwelling unit which is sold or rented in accordance with the following:

Restriction on sale or lease and subsequent resale.

Administration.

The Town shall certify as eligible all applicants for the moderate-income dwelling units.

The Town shall, following irregular program advertisements, maintain a list of preliminary eligible applicants.

Permitted uses shall be as follows:

One-family detached dwellings not to exceed one such unit per lot.

Accessory uses shall be as follows:

Customary accessory uses, including private garages, sheds and pools.

The keeping of dogs or cats. Not more than three dogs or cats, over six months of age, may be harbored per dwelling unit.

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:

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.

The minimum distance between facing elevations of principal buildings shall be 35 feet.

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.

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.

Adequate recreational facilities shall be provided as set forth in Article X.

Every attempt should be made to design the development so no parking areas are located in required yards.

The parcel shall be served with public sewer and public water facilities.

The following lot and building standards shall apply:

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.

The site shall have a minimum lot width of 200 feet.

The maximum lot coverage shall be 20%.

The maximum permitted building height shall be three stories.

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

Continued eligibility.

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.

Buffering and landscaping requirements shall be in accordance with § 249-100.

[Added 12-9-2009 by L.L. No. 8-2009]

Mobile home courts.

The parcel shall be served with public sewer and public water facilities.

All individual mobile home lots shall be owned in fee simple by the dwelling unit owner.

Each mobile home lot shall be provided with piers and tie-downs and a concrete patio of at least 10 feet by 20 feet.

Each mobile home lot without a basement shall be provided with a four-inch-thick concrete base under each mobile home.

There shall be provided, within the mobile home court, suitably enclosed, equipped and landscaped children's playlots in accordance with Article X.

Adequate recreational facilities shall be provided within the mobile home court in accordance with Article X.

Each mobile home shall be provided with a mobile home skirt.

Buffering and landscaping requirements shall be in accordance with § 249-100.

[Added 12-9-2009 by L.L. No. 8-2009[1]]

Editor’s Note: This local law also provided for the redesignation of former Subsection G(2)(k) as Subsection G(2)(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

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.

§ 249-24.1 (APR) Airport Residential District.

[Added 2-25-1988 by L.L. No. 4-1988]

Accessory uses shall be as follows:

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.

Customary accessory uses, including private garages, sheds, hangars for airplanes and swimming pools. Hangars for airplanes shall not exceed 60 feet by 60 feet.

The keeping of dogs or cats. Not more than three dogs or cats, over six months of age, may be harbored per dwelling unit.

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:

Airport, heliport, gliderport and related uses.

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.

The hours of operation may be limited by the Planning Board to prevent disturbances to off-site residences.

Vending machines, newsstands, governmental installations, airlines and express offices and aircraft repair facilities may be permitted within completely enclosed buildings.

The storage and sale of aviation gasoline and aircraft repair parts and accessories may be permitted.

Eating and drinking establishments.

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.

One-family detached dwellings not to exceed one such unit per lot.

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.

Adequate recreational facilities shall be provided as set forth in Article X.

The site shall be served with public sewer and public water facilities.

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.

Off-street parking and service yards shall be suitably landscaped to assure an attractive environment with the site.

The site shall incorporate suitably enclosed, equipped and landscaped children's playlots, subject to Planning Board approval.

When designing off-street parking spaces 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.

The following lot and building standards shall apply:

The minimum required lot size shall be five acres.

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.

The maximum lot coverage shall be 20%.

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.

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

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.

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.

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.

Editor's Note: See Ch. 194, Sewers and Sewage Disposal, Art. II, Sewer Use.

§ 249-24.2 Dead-end roads and culs-de-sac.

[Added 1-13-2005 by L.L. No. 2-2005; amended 12-9-2009 by L.L. No. 8-2009]

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.

Wallkill City Zoning Code

ARTICLE V

Regulations Pertaining to Residential Districts

§ 249-19 RA Rural Agricultural District.

Permitted uses.

One-family detached dwellings, not to exceed one such dwelling per lot.

[Amended 11-30-2005 by L.L. No. 11-2005; 4-9-2015 by L.L. No. 1-2015[1]]

Up to 784 square feet with a five-foot setback from all property lines;

Between 785 and 1,400 square feet with a ten-foot setback from all property lines;

Between 1,401 and 1,800 square feet with a fifteen-foot setback from all property lines.

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.

Buildings, structures and uses owned and operated by the Town of Wallkill.

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.

Both units must be under common ownership.

Both units must have the ability to meet all of the yard and size requirements of the RA District.

If, in the future, the building is to be sold, subdivision approval must be obtained from the Planning Board.

Accessory uses.

The keeping of livestock, other than pigs and mink.

[Amended 12-11-1997 by L.L. No. 8-1997]

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.

[Amended 11-14-2002 by L.L. No. 9-2002]

Editor's Note: See Ch. 70, Animals, Art. II, Swine and Mink.

The keeping of fowl.

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]

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]

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.

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]

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.

Such stand shall not exceed one story in height.

Such stand shall not exceed 1,000 square feet in total floor area.

One sign shall be permitted, in accordance with the pertinent provisions of § 249-11, only during the period of operation.

A veterinary hospital, in conjunction with a permitted agricultural operation.

[Amended 12-27-1990 by L.L. No. 18-1990]

Any kennels, runs or similar animal housing shall comply with the following:

Said uses shall be solely for use by animals undergoing hospital care.

Said uses shall be placed a minimum of 100 feet from any lot line and shall be fenced.

Said uses shall be screened from all surrounding properties.

All animals shall be confined in suitably enclosed and ventilated buildings between the hours of sunset and 7:00 a.m.

The outside storage of farm and earthmoving equipment, provided that such equipment is kept beyond the required minimum front yard.

Private garage.

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.

[Added 2-25-1988 by L.L. No. 4-1988]

Such approvals shall be valid for one year from the date of approval. They may be renewed for additional one-year periods.

No hazardous materials shall be placed or stored in any such storage truck trailers.

All such storage truck trailers shall remain legally registered and mounted on their wheels.

[Added 7-30-1990 by L.L. No. 9-1990; amended 7-26-2007 by L.L. No. 15-2007]

Special permit uses and uses subject to plan approval by the Planning Board in accordance with the provisions of Article XI herein.

Public utility structures, buildings and rights-of-way necessary to serve areas within the Town, excluding business offices, repair facilities or equipment storage areas.

The following uses on lots of five acres or more, provided that no building shall be erected nearer than 50 feet to any street or property line and the lot coverage shall not exceed 20%:

Nursing homes for general medical care.

Housing for persons with disabilities.

Camps.

[Amended 8-26-2021 by L.L. No. 6-2021]

No building, tent, activity area or recreation facility shall be located nearer than 100 feet to any property line.

No existing permitted campgrounds which are operating as of the effective date of this amendment shall be affected hereby.

Such use shall occupy a lot with an area of not less than two acres.

No building or structure shall be erected nearer than 50 feet to any lot line.

Plans for all outdoor public address systems are approved by the Planning Board.

Plans for lighting of outdoor recreational facilities are approved by the Planning Board.

Cemeteries.

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]

Places of worship.

[Amended 8-26-2021 by L.L. No. 6-2021]

The minimum lot size shall be ten acres.

No building shall be nearer than 50 feet to any lot line.

The maximum lot coverage and all site improvements, including paving, sidewalks and handicapped ramps shall be 20%.

Home occupations.

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.

No display of goods shall be visible from the street.

The premises shall not be used in any manner so as to cause injury or disturbance to the surrounding properties, their owners or occupants.

No person, outside the resident family, shall be employed in the home occupation.

No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced or allowed on the premises.

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.

Two-family dwellings.

No more than one such dwelling may be placed on a lot.

Upon sketch plat submission, the Planning Board shall set the allowable percentage of two-family homes in each subdivision.

The following lot and building standards shall apply to two-family houses:

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

The minimum required lot size shall be arrived at in accord with § 249-19D(2).

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]

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

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

[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.

Procedure for determining the maximum number of lots permitted.

Select soil types which are found on your site, and thereby the soil group.

Calculate and enter the acreage in each soil group.

Enter the environmental factor for each soil group.

Multiply each environmental factor by the acreage in each soil group.

Total the environmental acreage quotas. This is the maximum number of lots permitted.

Procedure for determining the minimum lot size.

Delineate the various soil types and soil groups on the subdivision plat.

The lot size shall be determined by establishing which soil type, and thereby which soil group, the proposed septic system is being placed on.

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.)

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.

As stated in the Town of Wallkill Subdivision Regulations,[5] there are soils on which septic systems shall not be allowed.

Editor's Note: See Ch. 209, Subdivision of Land.

§ 249-19.1 RA-1 Low-Density Agricultural District.

[Added 7-26-2007 by L.L. No. 15-2007]

Purpose. The RA-1 District is intended to provide areas of the Town of Wallkill for agricultural and farming operations.

Permitted uses.

One-family detached dwellings, not to exceed one such dwelling per lot.

Public use.

Places of worship.

[Amended 8-26-2021 by L.L. No. 6-2021]

The minimum lot size shall be three acres.

No building shall be nearer than 50 feet to any lot line.

The maximum lot coverage shall be 20%.

Special permit uses.

Schools and educational institutions.

Commercial recreation.

Cemeteries.

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]

Home occupations.

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.

No display of goods shall be visible from the street.

The premises shall not be used in any manner so as to cause injury or disturbance to the surrounding properties, their owners or occupants.

No person, outside the resident family, shall be employed in the home occupation.

No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced or allowed on the premises.

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.

Dog kennels.

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;

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;

Said uses shall be screened and fenced from all surrounding properties;

All animals shall be confined in suitably enclosed and ventilated buildings between the hours of sunset and 7:00 a.m.

Accessory uses and structures.

The keeping of livestock, other than pigs and mink.

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.

Editor's Note: See Ch. 70, Animals, Art. II, Swine and Mink.

Keeping of fowl.

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.

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.

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.

Such stand shall not exceed one story in height.

Such stand shall not exceed 1,000 square feet in total floor area.

One sign shall be permitted, in accordance with the pertinent provisions of § 249-11, only during the period of operation.

A veterinary hospital, in conjunction with a permitted agricultural operation.

Any kennels, runs or similar animal housing shall comply with the following:

Said uses shall be solely for use by animals undergoing hospital care;

Said uses shall be placed a minimum of 100 feet from any lot line and shall be fenced;

Said uses shall be screened from all surrounding properties.

All animals shall be confined in suitably enclosed and ventilated buildings between the hours of sunset and 7:00 a.m.

The outside storage of farm and earthmoving equipment, provided that such equipment is kept beyond the required minimum front yard.

Private garage.

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]

Such approvals shall be valid for one year from the date of approval. They may be renewed for additional one-year periods.

No hazardous materials shall be placed or stored in any such storage truck trailers.

All such storage truck trailers shall remain legally registered and mounted on their wheels.

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]

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

Soil factors and lot size information.

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

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

Editor's Note: See § 249-80.

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

[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.

§ 249-20 R-2 Suburban Residential District.

Permitted uses.

One-family detached dwellings, not to exceed one such dwelling per lot.

Growing of crops and orchards.

Buildings, structures and uses owned and operated by the Town of Wallkill.

Tourist homes and lodging houses.

Accessory uses.

The keeping of livestock, other than pigs and mink.

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]

[Amended 9-11-2003 by L.L. No. 9-2003]

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.

Editor's Note: See Ch. 70, Animals, Art. II, Swine and Mink.

The keeping of fowl.

The minimum lot size shall be 10 acres.

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.

The keeping of dogs or cats. Not more than three dogs or cats, over six months of age, may be harbored per dwelling unit.

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.

Such stand shall not exceed one story in height.

Such stand shall not exceed 1,000 square feet in total floor area.

One sign shall be permitted, in accordance with the pertinent provisions of § 249-11, only during the period of operation.

The outside storage of farm and earthmoving equipment, provided that such equipment is kept beyond the required minimum front yard.

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]

[Amended 4-9-2015 by L.L. No. 1-2015[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.

Special permit uses and uses subject to plan approval by the Planning Board, in accordance with the provisions of Article XI herein.

Home occupations.

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.

No display of goods shall be visible from the street.

The premises shall not be used in any manner so as to cause injury or disturbance to the surrounding properties, their owners or occupants.

No person, outside the resident family, shall be employed in the home occupation.

No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced or allowed on the premises.

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.

Public utility structures, buildings and rights-of-way necessary to serve areas within the Town, excluding business offices, repair facilities or equipment storage areas.

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%.

Hospitals, sanitariums and nursing homes for general medical care.

Philanthropic and eleemosynary institutions.

Schools, colleges and other educational institutions.

Day-care centers and nursery schools.

[Added 12-27-1990 by L.L. No. 18-1990]

The required outdoor play area shall be adequate in size and location as determined by the Planning Board.

No play area shall be located in a required front yard.

All play areas shall be fenced and suitably landscaped and buffered.

There shall be a minimum of one toilet per 15 children.

Access shall be adequate to handle traffic in a safe and efficient manner.

Day-care centers shall be licensed by the New York State Department of Social Services prior to operating such facilities.

Camps.

No tent, activity area or recreation facility shall be nearer than 100 feet to any property line.

The gross minimum lot size shall be calculated based on 10,000 square feet per tent or cottage.

Such use shall occupy a lot with an area of not less than two acres.

No building or structure shall be erected nearer than 50 feet to any lot line.

Plans for all outdoor public address systems are approved by the Planning Board.

Plans for lighting of outdoor recreational facilities are approved by the Planning Board.

Places of worship.

[Amended 8-26-2021 by L.L. No. 6-2021]

The minimum lot size shall be three acres.

No building shall be nearer than 50 feet to any lot line.

The maximum lot coverage shall be 20%.

Cemeteries.

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]

Mobile home parks in accordance with Article VIII.

Neighborhood grocery stores.

No such use may be located closer than one mile to a similar use.

The minimum lot size shall be 40,000 square feet.

The minimum road frontage shall be 150 feet.

The maximum floor area shall be 1,500 square feet.

No on-site consumption of food or beverages shall be permitted.

Two-family dwellings.

No more than one such dwelling may be placed on a lot.

Upon sketch plat submission, the Planning Board shall set the allowable percentage of two-family homes in each subdivision.

The minimum required lot size and building standards shall be arrived at in accord with § 249-19D.

[Amended 11-14-2002 by L.L. No. 12-2002; 1-25-2007 by L.L. No. 3-2007]

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]

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.

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.

§ 249-21 (Reserved) [1]

Editor’s Note: Former § 249-21, Cluster developments, was repealed 11-30-2005 by L.L. No. 12-2005. See now § 249-80, Conservation subdivisions.

§ 249-22 R-1 Medium-Density Residential District.

Permitted uses.

One-family detached dwellings not to exceed one such unit per lot.

Buildings, structures and uses owned and operated by the Town of Wallkill.

Accessory uses.

The renting of rooms, by a resident family, in a one-family dwelling for rooming or boarding purposes only.

Accommodations for no more than two boarders can be provided in each dwelling unit.

[Amended 10-11-2012 by L.L. No. 7-2012]

Accommodations for no more than two roomers may be provided in each townhouse unit.

Customary accessory uses, including private garages, sheds and pools.

The keeping of dogs or cats. Not more than three dogs or cats, over six months of age, may be harbored per dwelling unit.

Special permit uses and uses subject to plan approval by the Planning Board, in accordance with the provisions of Article XI.

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.

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%.

Hospitals, sanitariums and medical arts buildings for general medical care.

Philanthropic or eleemosynary institutions.

Day-care centers and nursery schools.

[Added 12-27-1990 by L.L. No. 18-1990]

The required outdoor play area shall be adequate in size and location as determined by the Planning Board.

No play area shall be located in a required front yard.

All play areas shall be fenced and suitably landscaped and buffered.

There shall be a minimum of one toilet per 15 children.

Access shall be adequate to handle traffic in a safe and efficient manner.

Day-care centers shall be licensed by the New York State Department of Social Services prior to operating such facilities.

Places of worship.

[Amended 8-26-2021 by L.L. No. 6-2021]

The minimum lot size shall be three acres.

No building shall be nearer than 50 feet to any lot line.

The maximum lot coverage shall be 20%.

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%.

Schools, public, religious or private, including playgrounds, athletic fields and other customary accessory uses.

Public libraries and museums.

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.

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.

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.

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.

[Amended 12-9-2009 by L.L. No. 8-2009]

There shall be no parking areas located in required yards.

All fees applicable to individual dwellings found within the Subdivision Regulations shall be applicable to each individual apartment unit.

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.

The site shall be served with public sewer and public water facilities.

[Added 12-9-2009 by L.L. No. 8-2009[1]]

Editor’s Note: This local law also provided for the redesignation of former Subsection C(6)(i) as Subsection C(6)(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.

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:

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.

Adequate recreational facilities shall be provided as set forth in Article X.

The site shall be served with public sewer and public water facilities.

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.

[Amended 12-9-2009 by L.L. No. 8-2009]

The site shall incorporate suitably enclosed, equipped and landscaped children's playlots subject to Planning Board approval.

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.

A series of detached one-family dwelling units, not owned in fee simple but in condominium ownership, provided that:

The maximum depth of any series of units (either in a cul-de-sac or parking lot arrangement) shall be 132 feet.

Adequate recreational facilities must be approved as set forth in Article X.

The site shall be served with public sewer and public water facilities.

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.

[Amended 12-9-2009 by L.L. No. 8-2009]

The site shall incorporate suitably enclosed, equipped and landscaped children's playlots subject to Planning Board approval.

The minimum distance between side and rear elevations of principal buildings within each cluster shall be eight feet.

The minimum distance between any cluster grouping of units shall be 50 feet.

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.

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:

If the roads are to be dedicated, they must be built totally in conformance with the Town's minimum specifications.[2]

Editor's Note: See Ch. A251, Street Specifications.

If the roads are not to be dedicated, at least one of the means of access to each cluster must be built to the Town's minimum specifications in all aspects except right-of-way width.

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.

Two-family dwellings and conversions of one-family dwellings to two-family dwellings.

There shall be no more than one structure per lot.

The lot must be served by both public water and public sewerage systems.

Cemeteries.

[Added 2-11-1982 by L.L. No. 1-1982]

The minimum lot size, when not accessory to a religious institution, shall be three acres.

[Added 5-26-1983 by L.L. No. 8-1983]

[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.

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.

[Amended 12-9-2009 by L.L. No. 8-2009]

There may be no parking located in required yards.

The complex may consist of only efficiency and one-bedroom units, except for one two-bedroom unit for the building superintendent/resident manager.

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.

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]

Lot and building standards in the R-1 District.

[Amended 11-30-2005 by L.L. No. 12-2005]

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.

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.

§ 249-23 R-M(B) Multiple-Family (Bonus) Residential District.

[Added 4-23-1987 by L.L. No. 2-1987]

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.

Accessory uses.

The keeping of dogs or cats. Not more than three dogs or cats, over six months of age, may be harbored per dwelling unit.

Special permit uses and uses subject to plan approval by the Planning Board, in accordance with the provisions of Article XI.

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.

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.

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.

[Amended 12-9-2009 by L.L. No. 8-2009]

There shall be no parking areas located in required yards.

All fees applicable to individual dwellings found within the Subdivision Regulations[1] shall be applicable to each individual apartment unit.

Editor's Note: See Ch. 209, Subdivision of Land.

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)
	(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.

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]

Maximum rent levels.

The maximum monthly rent for a moderate-income unit, including utilities, shall not exceed the following standards:

One-person family: $431.

Two-person family: $492.

[c]

Three-person family: $555.

[d]

Four-person family: $616.

[e]

Five-person family: $654.

[f]

Six-person family: $694.

Minimum floor area. The minimum gross floor area per moderate-income dwelling unit shall not be less than the following:

Efficiency: 450 square feet.

One bedroom: 700 square feet.

Two bedrooms: 850 square feet.

Three bedrooms: 1,050 square feet.

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.

Residents of the Town of Wallkill.

Persons employed in the Town of Wallkill.

Residents of Orange County.

All others.

Selection priorities. Within the context of the above-stated eligibility priorities, applicants shall be selected according to the following:

Families displaced by governmental action.

Families whose head of household or spouse is 62 years of age or older.

Families of which the head of household or spouse is handicapped (certified by a physician).

Continued eligibility.

Administration.

The approval for a developer to utilize the moderate-income density bonus provision shall be undertaken as a special permit use under §§ 249-38 and 249-39 of this chapter.

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.

The owner shall annually certify to the Town that the development is in compliance with the terms of its approval and this section.

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)

(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)

§ 249-24 R-AH Residential District (Floating Zone).

[Added 2-25-1988 by L.L. No. 4-1988]

Anchoring the zone.

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.

An application to the Town Board for rezoning for an affordable housing development shall include the following:

The developer shall submit a detailed pro forma analysis indicating that the proposed development will be affordable to moderate-income residents.

The developer shall submit his economic analysis or other evidence illustrating the need for affordable housing of the type proposed.

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.

Affordability. All dwelling units constructed in the R-AH District shall be affordable to moderate-income residents.

Moderately priced dwelling unit: a dwelling unit which is sold or rented in accordance with the following:

Restriction on sale or lease and subsequent resale.

Administration.

The Town shall certify as eligible all applicants for the moderate-income dwelling units.

The Town shall, following irregular program advertisements, maintain a list of preliminary eligible applicants.

Permitted uses shall be as follows:

One-family detached dwellings not to exceed one such unit per lot.

Accessory uses shall be as follows:

Customary accessory uses, including private garages, sheds and pools.

The keeping of dogs or cats. Not more than three dogs or cats, over six months of age, may be harbored per dwelling unit.

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:

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.

The minimum distance between facing elevations of principal buildings shall be 35 feet.

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.

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.

Adequate recreational facilities shall be provided as set forth in Article X.

Every attempt should be made to design the development so no parking areas are located in required yards.

The parcel shall be served with public sewer and public water facilities.

The following lot and building standards shall apply:

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.

The site shall have a minimum lot width of 200 feet.

The maximum lot coverage shall be 20%.

The maximum permitted building height shall be three stories.

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

Continued eligibility.

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.

Buffering and landscaping requirements shall be in accordance with § 249-100.

[Added 12-9-2009 by L.L. No. 8-2009]

Mobile home courts.

The parcel shall be served with public sewer and public water facilities.

All individual mobile home lots shall be owned in fee simple by the dwelling unit owner.

Each mobile home lot shall be provided with piers and tie-downs and a concrete patio of at least 10 feet by 20 feet.

Each mobile home lot without a basement shall be provided with a four-inch-thick concrete base under each mobile home.

There shall be provided, within the mobile home court, suitably enclosed, equipped and landscaped children's playlots in accordance with Article X.

Adequate recreational facilities shall be provided within the mobile home court in accordance with Article X.

Each mobile home shall be provided with a mobile home skirt.

Buffering and landscaping requirements shall be in accordance with § 249-100.

[Added 12-9-2009 by L.L. No. 8-2009[1]]

Editor’s Note: This local law also provided for the redesignation of former Subsection G(2)(k) as Subsection G(2)(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

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.

§ 249-24.1 (APR) Airport Residential District.

[Added 2-25-1988 by L.L. No. 4-1988]

Accessory uses shall be as follows:

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.

Customary accessory uses, including private garages, sheds, hangars for airplanes and swimming pools. Hangars for airplanes shall not exceed 60 feet by 60 feet.

The keeping of dogs or cats. Not more than three dogs or cats, over six months of age, may be harbored per dwelling unit.

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:

Airport, heliport, gliderport and related uses.

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.

The hours of operation may be limited by the Planning Board to prevent disturbances to off-site residences.

Vending machines, newsstands, governmental installations, airlines and express offices and aircraft repair facilities may be permitted within completely enclosed buildings.

The storage and sale of aviation gasoline and aircraft repair parts and accessories may be permitted.

Eating and drinking establishments.

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.

One-family detached dwellings not to exceed one such unit per lot.

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.

Adequate recreational facilities shall be provided as set forth in Article X.

The site shall be served with public sewer and public water facilities.

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.

Off-street parking and service yards shall be suitably landscaped to assure an attractive environment with the site.

The site shall incorporate suitably enclosed, equipped and landscaped children's playlots, subject to Planning Board approval.

When designing off-street parking spaces 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.

The following lot and building standards shall apply:

The minimum required lot size shall be five acres.

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.

The maximum lot coverage shall be 20%.

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.

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

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.

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.

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.

Editor's Note: See Ch. 194, Sewers and Sewage Disposal, Art. II, Sewer Use.

§ 249-24.2 Dead-end roads and culs-de-sac.

[Added 1-13-2005 by L.L. No. 2-2005; amended 12-9-2009 by L.L. No. 8-2009]