The purpose of the following sections is to insure that the highest standards of site, building, and landscape design are conscientiously met through the use of qualified technical and aesthetic judgment, compatible with the Community Master Plan of the municipality. In acting upon plats, the Planning Board shall require among other conditions, in the public interest, that the tract shall be adequately drained, and the streets shall be of sufficient width and suitable grade and suitably located to accommodate the prospective traffic and to provide access for fire-fighting equipment to buildings. The Planning Board shall further require that all lots shown on the plats shall be adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace. Required improvements shall be designed and constructed to conform to the specifications as established by the municipality. In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. The standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article
VI herein.
Purposes. The purpose of this section is to
provide an equitable and effective development standard for securing
adequate land for parks, playgrounds, and recreation purposes in new
subdivisions throughout the municipality. Except as hereinafter provided,
lands comprising approximately 10% of the total area to be subdivided
shall be reserved for parks, playgrounds or recreational purposes
in a location with suitable public access within the subdivision,
as selected and determined by the Planning Board.
A. Park, playground and recreational sites. Before the
approval by the Planning Board of a plat showing lots, blocks or sites,
with or without streets or highways, or the approval of a plat already
filed in the office of the Clerk of the county wherein such plat is
situated if such plat is entirely or partially undeveloped, such plat
shall also show, in proper cases and when required by the Planning
Board, a park or parks suitably located for playground or other recreational
purposes. Where a proposed park, playground or other permanent recreation
area is shown on the Comprehensive Development Plan to be located
in whole or part in a proposed subdivision, the Planning Board shall
require that such area or areas be shown on said plat.
B. If the Planning Board determines that a suitable park
or parks of adequate size cannot be properly located in any such plat
or are otherwise not practical, the Board may require as a condition
to approval of any such plat a payment to the Town of an amount to
be determined by the Town Board, which amount shall be available for
use by the Town for neighborhood park, playground or recreation purposes,
including acquisition of property.
C. When said permanent recreational areas are required
to be so shown, the subdivider shall submit to the Planning Board
a suitable tracing, at a scale of not less than 30 feet to an inch,
indicating:
(1) The boundaries of said recreation area.
(2) Existing physical features such as brooks, ponds,
trees, rock outcrops, structures, etc.
(3) Existing and, if applicable, proposed changes in grades
of said area and the land immediately adjacent.
(4) Improvements to be made to the recreation site.
D. The minimum area of contiguous open space acceptable
in fulfillment of this requirement shall be generally three acres.
However, in the case of subdivisions of less than 10 acres, smaller
recreation areas may be approved by the Planning Board whenever it
deems that the difference between the area shown and three acres may
be made up in connection with the subdivision of adjacent land.
E. In applicable cases, the Planning Board shall require
the execution and filing of a written agreement between the applicant
and the Town Board regarding costs of grading, development, equipment,
and maintenance of said recreation areas, as well as the conveyance
of whatever rights and title is deemed necessary to insure that said
premises will remain open for use by the residents of the Town of
Wallkill.
F. No monies received by the Town in lieu of land, as
aforesaid, shall be returned to any subdivider or developer by reason
of the nullification of his building permits for failure to comply
with Section 11.1.5 of the Town Ordinance, nor shall any rights or
title in land conveyed to the Town as aforesaid be affected by same.
G. Requirements for computing recreational land or money
in lieu of land. For every 100 people in a development, one acre of
land or its equivalent in money must be provided for by the developer.
For the purposes of computation, townhouses and single-family units
are considered to have four people per dwelling unit. Garden apartments
and condominiums are considered to have three people per dwelling
unit. The following is the method of payment:
(1) Ten percent of the money is to be paid when final
approval is granted by the Planning Board.
(2) When 20% or less of building permits are requested,
an additional 25% of the money will be paid.
(3) Thereafter, for every additional 20% of building permits
requested, 25% of the money will be paid until the entire amount has
been submitted.
(4) When the developer requests his first certificate
of occupancy, the entire amount of money will become due, regardless
of how many building permits he has heretofore requested.
(5) In the case where the Planning Board deems it in the
best interest of the Town to require land instead of money, the Town
will enter into a contract agreement with the developer. This contract
will be executed before final approval is granted by the Planning
Board. Among other things, this contract will include a specific time
and date when title to such land will be conveyed to the Town. This
will occur before 70% of the building permits are issued or before
any certificates of occupancy are issued. The value of the land will
be determined by the Assessor.
It is the policy of the Town of Wallkill that
all central sewer and water systems be owned and operated by the Town.
It is required as a condition to final approval of the plat that where
central sewer and/or water systems are to be installed, an improvement
district shall be legally formed or extended. Such systems with appurtenances
shall be offered for dedication to such districts without cost to
the district.
A. Water and sewage facilities.
(1) Endorsement. The proposed subdivision plat shall be
properly endorsed and approved by the Orange County Department of
Health. Such endorsement and approval shall be secured by the subdivider
after approval of the preliminary plat by the Planning Board.
(2) Local requirements. Orange County Department of Health
approval shall constitute only the minimum requirement necessary,
and where considered essential by the Board, a public sanitary and/or
water system may be required for any subdivision.
(3) Ordinance. The requirements contained in the "Town
of Wallkill Sewage Disposal Ordinance" approved by the Town Board
of the Town of Wallkill, and as hereafter may be amended, shall apply,
and all sewage disposal systems shall be constructed in conformance
thereto; said Sewage Disposal Ordinance being attached hereto and
made a part hereof.
(4) Dedication. Water and sewer mains and systems are
to be offered for dedication to the municipality or duly constituted
improvement district and upon completion of acceptance shall be maintained
by the Municipality and shall be located in the street rights-of-way
or in perpetually unobstructed easements of a width adequate for servicing.
(5) Connections. The developer shall be responsible, not
only for the laterals within the development, but also for any lines
or connections that may be necessary to bring the service to the development.
(6) The Planning Board shall require that prior to final
approval the Commissioner of Public Works shall determine the capacity
of a well to adequately supply a development with water.
B. Standards for water systems: See the Code of the Town
of Wallkill.
C. Standards for sewage systems: See the Code of the
Town of Wallkill.