[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.
A.
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:
(1)
The name and address of the applicant.
(2)
A map showing the proposed site, including the dimensions
of the lot and premises thereon.
(3)
The number of disabled residents proposed to be housed
therein.
(4)
The number of supervisory personnel therein.
(5)
Parking facilities and sewage and water facilities.
(6)
Whether said property shall be owned or leased by the
applicant and, if leased, the name and address of the owner thereof.
(7)
The location of all other community residential facilities
in the town.
B.
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:
A.
Approve one of the sites recommended by the sponsoring
agency;
B.
Suggest one or more suitable sites or an area within
its jurisdiction which could accommodate such a facility or facilities; or
C.
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.
