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.
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. Marinas for nonpowered boats, public and private boat entry points.
B. Structures or uses required for the operation of a public utility,
such as utility rights-of-way and crossings.
C. Decks for restaurants and in existing cleared areas.