[Added 10-8-2015 by L.L.
No. 5-2015]
This District shall be known as the "Shawangunk Kill Corridor
Preservation Overlay District" and can be generally referred to as
the "Shawangunk Kill Preservation District (SRPD)."
The SRPD is intended to implement the policies in the Wallkill
2005 Comprehensive Plan and to promote, preserve, and enhance important
aesthetic, biological, ecological, hydrologic, and recreational functions
provided by the Shawangunk Kill, as well as to protect life and prevent
property damage from flooding. It is therefore the purpose of these
provisions to establish a river and stream corridor preservation overlay
district around the Shawangunk Kill that encourages planning and development
of land that will protect and preserve designated areas. The SRPD
is specifically intended to:
A.
Regulate and provide reasonable controls over the land use, siting,
and engineering of all development to be consistent with the intent
and objectives of this section.
B.
Recognize that the protected natural features of the Shawangunk Kill
contribute to the welfare and quality of life of the Town of Wallkill
residents and those who own property contiguous to the river.
C.
Improve and maintain the water quality and minimize the addition
of pollutants deposited in the Shawangunk Kill, as a protected watercourse,
through the natural capacity of the riparian areas to filter stormwater
runoff.
D.
Comply with federal and state water quality regulations.
E.
Preserve and protect the natural state and scenic values of the Shawangunk
Kill, as a protected watercourse area, and the Town of Wallkill.
A.
Residential districts. The SRPD encompasses all land within the one-hundred-year
floodplain but only to a maximum 100 feet beyond each fixed edge of
the Shawangunk Kill at full flow. Where the one-hundred-year floodplain
is less than 100 feet from the fixed edge of the watercourse, the
zone shall follow the contour of the floodplain, but only to a minimum
distance of 65 feet from the fixed edge of the watercourse at full
flow.
B.
Manufacturing and industrial districts. The SRPD encompasses all
land within 250 feet of the Shawangunk Kill at full flow.
C.
Commercial districts. The SRPD encompasses all land within 200 feet
of the fixed edge of the Shawangunk Kill at full flow.
The boundaries of the SRPD shall be delineated on the official
Town of Wallkill maps.
The restrictions in the SRPD are supplementary to, and do not
replace, underlying established district bulk regulations. In the
event that this provision conflicts with any requirement or provision
in the underlying district, the more restrictive bulk requirement
or bulk provision shall apply. In addition, no use shall be established
in the SRPD that is not expressly provided for herein. The following
uses are specifically permitted as of right in the Shawangunk Kill
Preservation District:
A.
Existing land uses and/or structures, except when the existing land
use, or any structure involved in that use, is enlarged, increased,
or extended to occupy a greater area of land.
B.
Lawn care and maintenance, tree and shrub care and maintenance, and
removal of dead or deteriorating trees and vegetation. The maintenance
of fields (i.e., tilling, planting and/or mowing) that has been taking
place as of the effective date of this article in this area is permitted.
The clear cutting to create grass areas or fields that do not presently
exist is prohibited.
C.
Repair and maintenance of faulty or deteriorating sewage facilities.
The installation of new sewage systems or system expansion shall not
be permitted in the SRPD.
D.
Recreational uses that do not alter the protected area.
E.
Conservation and education activities and water quality monitoring.
F.
River bank stabilization or restoration projects.
G.
Any activity which is immediately necessary for the protection and
preservation of life, property, or natural resource values.
H.
Any agricultural use that is operating within the constants of an
agricultural project plan, to be obtained through the County soil
and water authority.
I.
The maintenance of existing structures, access paths or roads.
Any use or activity not authorized in § 249-105 shall be prohibited within the Shawangunk Kill and Stream Preservation District and the following uses and activities are specifically prohibited:
A.
Any land disturbing activity including, but not limited to, construction,
excavating, and tilling.
B.
The construction of any primary or accessory structure including,
but not limited to, sheds and barns of any type.
C.
Additions or modifications of existing buildings or structures that
increase the useable surface area of the impacted land, including,
but not limited to, expansions of septic systems, parking areas or
driveways.
D.
The construction or placement of any septic tank or septic tank sewage
disposal system.
E.
Stormwater discharges and/or construction of private commercial or
municipal stormwater runoff system.
F.
Storage of hazardous or noxious materials.
G.
Dumping or disposal of any material including yard waste.
H.
Activities which would alter the natural flow pattern of the Shawangunk
Kill.
I.
Application of pesticides or herbicides or other harmful substances
in excess of prescribed industry standards or the recommendations
of the New York State Department of Environmental Conservation.
J.
Use and storage of motorized vehicles, with the exception of snowmobiles
and ATV use by property owners and their guests and motorized property
maintenance equipment.
K.
Construction of public or private roads and parking lots.
The Planning Board shall seek the advice of the Town's consulting
engineers when making its determination as to whether to grant a request
for a special permit. The Planning Board may condition any such special
permit granted to insure that such use shall not adversely affect
water quality or impair the function or chemical, physical, biological,
and ecological integrity of the SRPD. The following uses may be permitted
in an SRPD by special permit:
A.
Inspection. Lands within or adjacent to a designated SRPD will be
inspected by the Town Planning Board site inspectors when:
B.
Enforcement.
(1)
Any person may submit a written complaint to the Environmental
Conservation Commission alleging a violation of the SRPD.
(2)
Upon receipt of the complaint, the Town Board or its designee
will engage the appropriate site inspection engineer to conduct an
investigation of the complaint including, but not limited to, a site
inspection and meeting with the property owner.
C.
Penalties. Any violation of the SRPD must cease upon a determination that a violation has occurred. If upon written notification to the violating party, that party does not cause the violation to be discontinued, the fines shown in Subsections C(1) through (3) below will be additionally assessed for each day thereafter until the violation ceases. Monetary fines shall be assessed for violations as follows:
(1)
Level One: $1,000 for violations that are easily correctable
and have not resulted in any adverse effect on the water quality of
the Shawangunk Kill.
(2)
Level Two: $2,000 for violations that have resulted in an adverse
effect on the water quality of the Shawangunk Kill.
(3)
Level Three: $4,000 for violations that are deemed a flagrant
abuse of the SRPD and have a serious effect on the quality of life
and environment of the SRPD and surrounding area.
(4)
Any expenses incurred by the Town in connection with the repair
or remediation of violations that result in harm or potential harm
to protected areas within the SRPD, including but not limited to the
cost of actual repair or remediation, shall be assessed against the
land on which the violation occurs and shall be levied and collected
in the same manner as provided in Article 15 of the Town Law for the
levy and collection of a special ad valorem levy.
