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.
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.