[HISTORY: Adopted by the Town Board of the Town of Wallkill 3-22-1979 by L.L. No. 1-1979. Amendments noted where applicable.]
The Town Board of the Town of Wallkill, in order to promote orderly growth, protect and ensure present zoning regulations and restrictions and provide for the safety, health and welfare of all residents of the Town of Wallkill, finds it in the public interest to enact this chapter regulating the establishment of community residential facilities for the disabled as more fully defined in the provisions of the Mental Hygiene Law of the State of New York.
In addition to those requirements set forth in the Mental Hygiene Law, any applicant for the establishment of such a community residential facility for the disabled must submit a written application to the Town Supervisor indicating:
The name and address of the applicant.
A map showing the proposed site, including the dimensions of the lot and premises thereon.
The number of disabled residents proposed to be housed therein.
The number of supervisory personnel therein.
Parking facilities and sewage and water facilities.
Whether said property shall be owned or leased by the applicant and, if leased, the name and address of the owner thereof.
The location of all other community residential facilities in the town.
The applicant must also submit some evidence in writing of the fact that the owner of the proposed site approves of the proposed use and will, in fact, sell or lease said property to the applicant if approved.
The Town Supervisor shall thereafter promptly submit said application to the Town Board, and said Town Board shall, after due notice, schedule a public hearing within 15 days of receipt of the application by the Town Supervisor.
Notice of said public hearing will be given in the official town paper at least seven days prior to said hearing by the applicant who shall thereafter notify all property owners within 500 feet of the proposed site by certified mail.
The Town Board, within 40 days of the receipt of the aforesaid application by the Town Supervisor, shall:
Approve one of the sites recommended by the sponsoring agency;
Suggest one or more suitable sites or an area within its jurisdiction which could accommodate such a facility or facilities; or
Object to the establishment of a facility of the kind described by the sponsoring agency because to do so would result in such a concentration of community residential facilities for the mentally disabled in the municipality or a combination of such facilities with other community residences or similar facilities licensed by other agencies of state government that the nature and character of the areas within the municipality would be substantially altered.
The Board shall forward its decision to the applicant and the Commissioner of Mental Hygiene or such other agency responsible for licensing said residential community.
[Amended 3-23-2006 by L.L. No. 3-2006]
All fees required to be paid pursuant to this chapter shall be set by resolution of the Town Board.