Article IV General Regulations Applicable to All Districts

§ 249-8 Accessory buildings and structures; exceptions to height restrictions; roadside stands; property abutting sewage treatment plant; crematories.

Accessory buildings and structures. Those permitted may be located in the required side or rear yard.

(1)

Such building shall be located a minimum of five feet from any side or rear lot line.

(2)

Such building shall be located a minimum of 10 feet from the principal building.

(3)

Such building, except for farm purposes, shall not exceed the maximum height permitted in the district in which it is located.

(4)

Such building, together with all other buildings on the lot, shall not occupy more than the permitted lot coverage in the district in which it is located.

(5)

No such building shall be placed nearer to the front line than the principal building. Notwithstanding the foregoing, with respect to evaluating and approving proposed site plans for gasoline filling stations and gasoline service stations, as those terms are defined in Town Code § 249-3, the Planning Board shall have the discretion to permit the construction of canopies, defined for this limited purpose as the structure containing lighting and built-in emergency safety equipment covering gas pump islands, to be built closer to any of the property lines than the principal building.

[Amended 9-22-2016 by L.L. No. 11-2016]

(6)

The following accessory buildings and structures shall be allowed in all districts, accessory to a residential use, provided that they are not operated for profit:

(a)

Garden house, except in RA and RA-1 Districts, where they may be operated for profit as accessory to farming operations.

[Amended 11-30-2005 by L.L. No. 11-2005; 7-26-2007 by L.L. No. 15-2007]

(b)

Toolhouse.

(c)

Playhouse.

(d)

Swimming or wading pool.

[1]

No pool shall be located nearer than 20 feet to any property line.

[a]

Where the twenty-foot setback requirement is impractical due to the minimum size of the lot, the Building Inspector may grant a special pool permit for aboveground pools exceeding two feet in height upon proof that the adjoining landowners have been notified of said proposed pool and have approved same. Said pool permit shall not be denied unless good cause is shown for its denial. Where the unanimous approval of adjoining landowners is not shown, the matter shall be referred to the Zoning Board of Appeals for its decision regarding the granting of the permit.

[b]

In the case of row or attached housing, owned in fee simple or condominium ownership, the setback requirements shall not apply.

[2]

Pools shall be provided with an adequate permanent fence. Said fence shall be a minimum of four feet in height and equipped with a self-closing, self-locking gate to prevent unauthorized use of the pool and to prevent accidents. However, if said pool is located more than four feet above the ground, a fence is not required, provided that all points of access to said pool are protected by steps which can be raised and locked in position when not in use.

(e)

Private garage.

(7)

If the erection of an accessory building or structure would be in relation to or furtherance of a new or existing special permitted use, site plan approval must be obtained from the Planning Board prior to the erection of said building or structure.

[Added 8-26-2021 by L.L. No. 6-2021]

Exemptions to height regulations. The maximum height limitations of the regulations applying to buildings shall not apply for the following, provided that the same add up to no more than 10% of the total roof area and that they do not exceed the maximum height limitation by more than 15 feet, unless a special permit is granted by the Planning Board pursuant to § 249-38 of this chapter.

(1)

Flagpole.

(2)

Spire or belfry.

(3)

Radio or television tower.

(4)

Chimney or smokestack.

(5)

Radio or television aerial.

Skylight.

Water tower.

Elevator penthouse.

Cooling tower.

The sale of agricultural products on premises may be conducted within a seasonal roadside stand located on such premises.

[Added 8-13-1981 by L.L. No. 5-1981]

(1)

Such stand shall not exceed one story in height.

(2)

Such stand shall not exceed 400 square feet in total floor area and may have a roof, but shall not be fully enclosed.

(3)

One temporary sign shall be permitted during the period of operation not to exceed 18 square feet in total area.

(4)

No stand shall be erected in such a manner as to disrupt the normal flow of traffic or to interfere with vehicular visibility.

(5)

No building permits shall be required for stands 12 feet by 12 feet or smaller.

(6)

The seasonal period shall be April 1 through November 31.

For all properties abutting a Town of Wallkill owned property on which a Town-owned and -operated sewage treatment plant is located, no structure may be constructed closer than 200 feet to the plant.

[Added 4-23-1987 by L.L. No. 2-1987]

Sheds; as herein defined, in quantity of no more than one per residential lot and erected with a minimum five-foot setback from the property line(s), except for sheds in R-1 and R-2 zoned districts, where the minimum setback shall be two feet, are exempt from the requirement of a building permit and subsequent necessity for a certificate of occupancy.

[Added 8-29-2002 by L.L. No. 7-2002; amended 10-9-2003 by L.L. No. 10-2003]

Crematories for the disposal of carbon-based life forms and where said crematory would be the primary use of the developed property shall be an illegal use.

[Added 9-9-2004 by L.L. No. 10-2004]

§ 249-8.1 Cemetery protection.

[Added 12-12-2002 by L.L. No. 13-2002[1]]

Identification and locations of cemeteries in the Town of Wallkill. More exact locations of each cemetery identified herein can be found on a map prepared by Town Historian, Dorothy Hunt-Ingrassia, and filed in the Town Clerk's office of the Town of Wallkill:

	Cemetery	Location
	Old Scotchtown, Scotchtown Slave Burial Place	Intersection of Scotchtown Road and Goshen Turnpike
	Phillipsburg	Off East Main Street, Midway Road at Wallkill River alongside NYS Route 17, future Interstate 86
	Pine Hill Cemetery, Clark Burial Place, Clark Cemetery	VanBurenville Road, old Horton Farm (Rockville)
	Hulse Cemetery	Mt. Hope Road near VanDuzer Road in field on south side of road
	Circleville Cemetery	Presbyterian Church at junction of Rt. 302 and Goshen Turnpike
	Bloomingburg Rural Cemetery	Bloomingburg Road (Rt. 17M)
	Old Family Cemetery	1.125 miles from city limits; east side of Mt. Hope Road
	McLaughrey Cemetery (settlement of freed slaves)	Midland Lake Road (formerly called Guinea Road)
	Mapes Cemetery	Junction of Route 211 and Boorman Road
	Weller Burial Ground	Left side of road from Bullville to Bloomingburg just beyond the Crawford Town line
	Cemetery on Hollyrood Farm	Hufcut Road, 2 miles from Circleville
	Middletown Hebrew Cemetery/Temple Sinai	Rte. 302, north of Rt. 17
	Cemetery at Middletown Psychiatric Hospital
	Cobb Cemetery at Lake Pocatello	Off Mt. Hope Road
	Sayres Farm Cemetery	2 miles west of VanBurenville field
	Crane Cemetery	Near Howells and Dosen Roads
	John Williams Cemetery	Vanburenville Road
	Greek Orthodox Cemetery, no markers	Near the Greek Orthodox Church
	Catholic and Protestant Cemetery [Added 11-29-2007 by L.L. No. 18-2007]	Along County Route 78 and the access road to Tuckerman Hall

Nonexclusivity of list.

Encroachment requirements.

(1)

For all properties abutting a cemetery or burial site located entirely or partially within the Town of Wallkill, no structure may be constructed or excavation made closer than 100 feet to the property line of said cemetery or burial site.

(2)

No permits or approvals shall be issued by any Town entity for any structure or excavation that is located within 200 feet of any cemetery and/or burial site without first referring the matter to the Planning Board for review consistent with the above noted provisions.

Mitigation. The Planning Board, in its sole discretion, as part of any subdivision site plan or conditional use permit application, may require a residential or commercial developer to erect fencing, install plantings or otherwise erect a visual and/or physical barrier between developable areas of land, which are adjacent or contiguous to a cemetery and/or burial site.

Other cemeteries or burial sites. The Planning Board, in its sole discretion, may apply the provisions of this section to protect other cemeteries and/or burial plots, which are included and/or referred to in the Town of Wallkill's Master Plan or which the Board otherwise deems to be of historical significance.

[1]

Editor's Note: This local law also provided penalties for offenses as follows: “Any violation of the provisions herein shall be prosecuted to the fullest extent of the law by the Town of Wallkill pursuant to the laws of the State of New York, including but not limited to §§ 145.22 and/or 145.23 of the New York State Penal Law and/or §§ 4216, 4217 and/or 4218 of the New York State Public Health Law and shall be subject to the fines and penalties associated therewith and/or consistent with any other applicable provision of law.”

§ 249-9 Lot and yard requirements.

Corner lots.

(1)

On a corner lot, each lot line which abuts a street shall be deemed to be a front lot line, and the required yard along both lot frontages shall be a required front yard. The owner shall elect, and so designate on the plot plan, which of the remaining two required yards shall be the required side yard and the required rear yard.

(2)

At all street intersections, no obstructions to vision shall be maintained, erected or planted on any lot within the triangle formed by the intersecting street lines and a line drawn between points along such street lines 30 feet distant from their point of intersection.

Existing lots.

(1)

Nothing shall prohibit the use of a lot of less than the prescribed area, width or depth when it can be substantiated that such lot is owned by the same owner and owned separately from any adjoining tracts of land prior to December 12, 1961, provided that all other provisions of this chapter are fully complied with, also including a single, legally created lot, approved by the Planning Board in a signed subdivision plat held in ownership created by an arm’s length transaction separate from any adjacent parcel.

[Amended 12-9-2009 by L.L. No. 8-2009]

(2)

No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located and is an approved subdivision. No permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all provisions of this chapter.

Exceptions to yard requirements:

(1)

Chimneys, arbors, open trellis or unroofed steps.

(2)

Terraces which do not exceed one foot in height from the ground level.

(3)

Overhanging roofs, not to exceed 10% of the required yard depth.

(4)

Windowsills or belt courses not to exceed six inches.

(5)

Awnings or movable canopies not to exceed 10 feet.

(6)

Fences or walls for the RA, RA-1, R-2 and R-1 Districts with a maximum height of six feet in the rear and side yards and a maximum of four feet in the front yard, except on corner properties where the maximum height shall be three feet.

[Amended 8-25-1993 by L.L. No. 10-1983; 10-13-1994 by L.L. No. 5-1994; 7-26-2007 by L.L. No. 15-2007]

(a)

For corner lots, no fence, in a required front yard, shall have more than 50% of its area opaque.

(b)

No fence or wall shall infringe on the corner lot visibility area mentioned in Subsection A(2).

(7)

If two or more existing dwellings are located within 200 feet on each side of a proposed dwelling, on the same side of the street and within the same block, and are within the same district, said proposed dwelling need not have a required front yard greater than the average setback of the existing dwellings.

§ 249-10 Animals.

[Amended 7-26-2007 by L.L. No. 15-2007]

Within the RA and RA-1 Districts, no more than five dogs or cats, over six months old, may be harbored per dwelling unit. Within the R-1, R-2, NC, HC, ENT, ENT-L, TC and O/R Districts, no more than three dogs or cats over six months old may be harbored per dwelling unit, although the particular district involved should be checked for more specific regulations.

§ 249-11 Signs.

[Amended 4-14-1983 by L.L. No. 5-1983; 2-25-1988 by L.L. No. 4-1988]

Intent.

(1)

This section regulates signs which are visible from the right-of-way and from beyond the property where erected. These regulations balance the need to protect the public safety and welfare, the need for a well-maintained and attractive community and the need for adequate identification, communication and advertising for all land uses. At no time should these provisions be interpreted to regulate any aspect of the content of any sign. The regulations for signs have the following specific objectives:

[Amended 8-29-2002 by L.L. No. 6-2002]

(a)

To ensure that signs are designed, constructed, installed and maintained so that public safety and traffic safety are not compromised.

(b)

To allow and promote positive conditions for meeting a sign user's needs, while at the same time avoiding nuisances to nearby properties and promoting an attractive environment.

(c)

To reflect and support the desired character and development patterns of the various districts.

(d)

To allow for adequate and effective signs in commercial and industrial districts while preventing signs from dominating the visual appearance of the area.

(2)

These regulations allow for adequate and multiple types of signs for a site. The provisions do not necessarily assure or provide for a property owner's desired level of visibility for the signs.

Applicability and scope. This section regulates the number, size, placement and physical characteristics of signs. The regulations are not intended to and do not restrict, limit or control the content or message of signs. The regulations of this section apply to all districts in the Town.

Conformance. No sign may be erected unless it conforms to the regulations of this section. Sign permits must be approved prior to erection of the sign.

Exempt signs. The following signs are exempt from the provisions of this section but may be subject to other portions of the Town Code:

(1)

Signs inside a building, not governed by § 249-11J(7), except for strobe lights visible from a right-of-way, private or public road or other private property.

(2)

Building numbers.

(3)

Signs carved into or part of materials which are on an integral and permanent part of the building, noting the name of the building and its date of erection.

(4)

Painted wall decorations and painted wall highlights that present no message or indication of a use and are meant strictly for artistic, decorative or design use or enhancement.

(5)

Public and/or governmental signs, including traffic or similar regulatory devices.

(6)

Flags and insignia of any government, except when displayed in connection with a commercial promotion.

(7)

Nonilluminated warning, "private drive," "posted" or "no trespassing" signs, not exceeding two square feet per face.

(8)

Temporary nonilluminated "for sale" or "for rent" real estate signs concerning the premises upon which the sign is located:

(a)

One such sign will be permitted for each property, not exceeding six square feet per side; the top of the sign shall be no higher than six feet above the ground, and it shall be no closer than 10 feet to any property line.

(b)

All such signs shall be removed within three days after the sale, lease or rental of the premises.

(9)

Christmas holiday decorations, displayed for a period from three days before Thanksgiving until the first week in the following year.

(10)

Temporary, nonilluminated window signs and posters not exceeding 10% of the window surface.

(11)

One temporary sign for a seasonal roadside stand selling agricultural produce grown on the premises, provided that such sign shall not exceed six feet and shall be set back a minimum of 10 feet from any property line. Any such sign shall only remain on the site for that portion of the year that the stand is active.

(12)

On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits and similar signs, nonilluminated, not exceeding four square feet per face and six feet above the ground.

(13)

Election signs. All signs advertising a candidate for public office or any other public ballot initiative are exempt from these regulations. Such signs must be displayed only on private property. The Town encourages, but does not require, that such signs be displayed no sooner than 30 days prior to the relevant election and no later than 10 days after said election.

[Added 8-29-2002 by L.L. No. 6-2002]

Prohibited signs. The following signs are prohibited and shall be removed.

(1)

Strobe lights and signs containing strobe lights which are visible from the exterior of the building.

(2)

Signs placed or painted on a vehicle, trailer or truck trailer and parked with the primary purpose of providing a sign for a business, use, event, etc.

(3)

"Animated signs," defined as having moving parts or lighting or motion-picture projection, which create the illusion of moving parts, animated viewing screens, flashing, chasing or twinkling lights.

(4)

A sign which copies or imitates or in any way approximates an official highway sign or carries the words "STOP," "DANGER," "GO SLOW," "CAUTION," "WARNING," etc.

(5)

Any sign in or projecting into a public right-of-way.

(6)

A sign or illumination that causes any direct glare into or upon any building or street, other than the building to which the sign may be accessory.

(7)

"Abandoned signs," defined as those on-premises signs that advertise an activity, business, product or service no longer conducted or available on the premises.

(8)

Any sign which impairs or causes confusion to vehicular or pedestrian traffic in its design, color or placement.

(9)

Any sign mounted or attached to a tree, utility pole, etc.

[Amended 7-25-1996 by L.L. No. 7-1996]

(10)

Roof signs.

(11)

Any sign which is not included under the types of signs permitted in specific district regulations or in this section.

Sign measurement.

(1)

Sign face area.

(a)

The area of sign faces enclosed in frames or cabinets is determined based on the outer dimensions of the frame or cabinet surrounding the sign face. Sign area does not include foundations, supports and other essential structures which are not serving as a backdrop or border to the sign. Only one side of a double-faced sign is counted.

(b)

When a sign is on a base material and attached without a frame, such as a wood or plexiglass panel, the dimensions of the base material are to be used unless it is clear that part of the base contains no sign, related display or decoration.

(c)

When signs are constructed of individual pieces or letters attached to a building wall, the sign area is determined by a perimeter drawn around all the pieces or letters.

(d)

For sign structures containing multiple modules oriented in the same direction, the modules together are counted as one sign face.

(e)

The maximum surface area visible at one time of a round or three-dimensional sign is counted to determine sign area.

(2)

Height of signs. The overall height of a sign or sign structure is measured from the grade directly below the sign to the highest point of the sign or sign structure.

Nonconforming signs.

(1)

The lawful use of a sign or signs existing at the time of adoption of this chapter may be continued, even though the sign does not conform to the regulations and limitations of this section, until one or more of the following occurs:

(a)

The structure, size, location, advertising display matter or accessories of any or all signs previously granted approval and permits are altered, modified, changed, reconstructed or moved.

(b)

The structure, size, location, advertising display matter, lettering, color scheme or accessories of any or all signs on the property for which approval and/or permits have not been granted are altered, modified, changed, reconstructed or moved.

(c)

Buildings, structures or site improvements on the property upon which the sign is placed are altered in such a way as to require approval pursuant to Article XI of this chapter.

(d)

Any or all signs on the property are damaged or destroyed by fire, explosion or act of God to the extent of more than 60% of the actual value thereof.

(e)

Any or all signs on the property are abandoned.

(f)

Any or all signs on the property fall into a state of disrepair and/or become unsafe.

(2)

Nonconforming signs are not subject to the provisions of Article IX, Nonconforming Buildings, Structures and Uses, of this chapter.

(3)

Ordinary maintenance and repairs may be made to any nonconforming sign, provided that the structure, advertising display matter, lettering, color scheme or accessories are not altered, modified, changed, reconstructed or moved, and provided that such ordinary maintenance and repairs do not exceed 20% of the value of the sign in any one-year period.

(4)

Nothing contained in this section shall be deemed to require any change in the plans or construction of any sign upon which actual construction was lawfully initiated prior to the effective date of this section. "Actual construction" is hereby defined as the actual placing of the sign and/or structure materials in their permanent position in compliance with the previously obtained approval and permits.

General design criteria.

(1)

Where more than one sign is permitted for the same activity, all signs should be coordinated with respect to color, letter style, illumination and other graphic features.

(2)

In multiple owner/tenant occupancies, the various signs required for identification of different activities should be coordinated with respect to placement on the building facade, legibility and illumination and should express uniformity of design and create a sense of harmonious appearance.

(3)

All signs should be legible and visible for the purpose and circumstances in which they are used.

(4)

Sign(s) shall be considered a site plan and architectural feature of the proposed development and, as such, should be coordinated in size, height, color, illumination, location, graphic design and finish detailing with the building(s), landscaping, area lighting and vehicular and pedestrian circulation and shall be shown on and approved with the use where Planning Board approval is required.

(5)

Where different uses are permitted side-by-side or on adjoining properties, signs permitted for one property or tenancy should not adversely affect the identification and reasonable use of the neighboring property or tenancy.

(6)

In general, product, price or other changeable copy area of any sign should occupy no more than 1/3 of the area of said sign.

(7)

All limited access highway-oriented signs and billboards shall not be of changeable copy type.

(8)

Where signs are to be placed near residential uses, sign height, size, location and illumination should be adjusted for minimum impact to the residential uses.

(9)

Sign content should be orderly, and graphics should be of simple shapes, such as rectangles, circles or ovals.

(10)

No more than two typefaces shall be used on any one sign or group of signs.

(11)

The number of colors used should be the minimum consistent with the design.

(12)

Illumination. Where illumination of signs is permitted, such illumination may only be between sundown and 11:00 p.m. (or close of business). Illumination shall only be of an even intensity at all times. Illumination may be direct (giving forth light from the interior of the sign through translucent material) or it may be indirect (when the light source is not visible from any adjoining property or street and is directed upon the sign) as specified in § 249-11K through O.

(a)

Illumination should be appropriate to the character of the sign and its surroundings and shall not adversely shine on or impact surrounding properties, uses or streets and roads.

(b)

No sign or similar advertisement shall be illuminated in such a manner so as to diminish or detract in any way from the effectiveness of any traffic signal or similar safety or warning device.

(13)

Any tenant or user making an application for a sign permit shall submit with his application evidence that the landlord or owner of the building has approved the particular signage.

[Added 12-27-1990 by L.L. No. 18-1990]

General construction and placement criteria.

(1)

All signs installed after the effective date of this section shall have attached to the sign a nameplate giving the sign permit number and the name and address of the owner, person or corporation responsible for the general requirements and maintenance as outlined herein.

(2)

All internally illuminated signs shall be constructed in conformance with the Standards for Electric Signs (UL 48) of the Underwriters' Laboratories Inc., and bear the seal of the Underwriters' Laboratories label. The sign shall be inspected and certified by an electrical inspection agency approved by the Town.

[Amended 7-25-1996 by L.L. No. 7-1996]

(3)

All transformers, wires and similar items shall be concealed. All wiring to freestanding signs shall be underground.

(4)

All signs, including attached wall, projecting and suspended wall signs, shall be securely anchored and shall not swing or move in any manner.

(5)

All signs, sign finishes, supports and electric work shall be kept clean, neatly painted and free from all hazards, such as, but not limited to, faulty wiring and loose supports, braces, guys and anchors.

(6)

All signs shall be painted and/or fabricated in accordance with generally accepted sign industry standards.

(7)

All signs and sign structures shall be erected and attached totally within the site.

(8)

Vision clearance area. No sign may be located within a vision clearance area. No support structure(s) for a sign may be located in a vision clearance area unless the combined total width is 12 inches or less and the combined total depth is 12 inches or less. "Vision clearance areas" are triangular shaped areas located at the intersection of any combination of streets, roads, rights-of-way, private roads, alleys or driveways. The sides of the triangle extend 15 feet from the intersection of the vehicle traveled areas. The height of the vision clearance area is from 48 inches above grade to 10 feet above grade.

(9)

Vehicle area clearances. When a sign extends over a private area where vehicles travel or are parked, the bottom of the sign shall be at least 14 feet above the grade. Vehicle areas include driveways, alleys, parking lots, loading, maneuvering areas, etc.

(10)

Pedestrian area clearances. When a sign extends over private sidewalks, walkways or other spaces accessible to pedestrians, the bottom of the sign shall be at least 8 1/2 feet above the grade.

(11)

Signs may be erected in required yards and setback areas, unless otherwise specified in this chapter.

Specific regulations; sign types.

(1)

Attached wall sign: any sign posted, painted or constructed, attached and parallel to the plane of the building wall, facade, marquee or porch of any structure.

[Amended 12-27-1990 by L.L. No. 18-1990; 3-26-2020 by L.L. No. 2-2020]

(a)

An attached wall sign shall be flush and flat throughout its length and height to the face of the wall to which it is mounted.

(b)

An attached wall sign shall not extend beyond the ends or over the top of the wall to which it is mounted.

(c)

Its length shall not exceed 70% of the width of the tenancy or building wall to which it is mounted.

(d)

Attached wall signs may only be directly illuminated.

(e)

Attached wall signs shall not be located on the rear of a building.

(2)

Suspended wall sign: any sign which is suspended from a building wall, facade, marquee or porch by means of brackets, books, chains, etc., and whose face is parallel to the plane of said building wall, facade, marquee or porch.

[Amended 12-27-1990 by L.L. No. 18-1990; 3-23-2017 by L.L. No. 2-2017]

(a)

A suspended wall sign shall not project more than 12 inches from the face of the wall to which it is mounted.

(b)

A suspended wall sign shall not extend beyond the ends or over the top of the wall to which it is mounted.

(c)

Its length shall not exceed 70% of the width of the tenancy or building wall to which it is mounted.

(d)

Suspended wall signs may only be directly illuminated.

(e)

Suspended wall signs shall not be located on the rear of a building.

(3)

Projecting sign: a sign which is attached to a building wall, facade, marquee or porch and which extends more than 12 inches from the face of such building wall, facade, marquee or porch.

(a)

Projecting signs shall not have more than two faces.

(b)

The exterior edge of a projecting sign shall not extend more than five feet from the building wall, facade, marquee or porch to which it is mounted.

(c)

No part of a projecting sign shall extend into vehicular traffic areas.

(d)

Projecting signs may only be directly illuminated.

(4)

Under-canopy sign: a projecting sign placed at a ninety-degree angle to the building facade of a retail establishment and attached to the ceiling of a canopy or covered walkway or attached to the storefront or building facade to facilitate identification of the particular retail store or tenant.

[Added 12-27-1990 by L.L. No. 18-1990]

(a)

The location of such sign shall be at least nine feet above the finished floor grade.

(b)

The area of under-canopy signs shall not be counted as part of the total allowable sign area for all permanent signs on the site.

(5)

Freestanding sign: a sign standing on the ground and usually, but not necessarily, supported from the ground by one or more poles, posts or similar uprights, with or without braces, and advertising products or uses made, sold, used or served on the premises displaying such sign.

(a)

No freestanding sign shall be located less than 15 feet from any front or side property line, or equal to the height of said sign, whichever is greater.

(b)

A freestanding sign shall be located no less than 10 feet from any building, or equal to the height of the sign, whichever is greater.

(c)

A freestanding sign shall be no more than 35 feet in height above finished grade. Signs which exceed 14 feet in height shall be designed and constructed to withstand winds of 100 miles per hour, and such shall be certified to by a professional engineer or registered architect licensed to practice in the State of New York.

(d)

A freestanding sign shall not overhang any property lines.

(e)

Masonry-wall-type signs shall not exceed four feet in height above finished grade and shall not be placed so as to impair the visibility of motorists.

(f)

All freestanding signs must be protected from vehicular damage by a poured-in-place concrete curb or planter.

(g)

Freestanding signs may either be directly or indirectly illuminated.

(6)

Billboard: a sign standing on the ground and usually, but not necessarily, supported from the ground by one or more poles, posts or similar uprights, with or without braces, and advertising products or uses not made, sold, used or served on the premises displaying such sign.

(a)

A billboard shall only be placed on lots which meet the minimum lot and building standards applicable to the district in which it is to be located.

(b)

A billboard shall be located no less than 35 feet from any property line.

(c)

A billboard shall be no more than 35 feet in height above finished grade. Billboards which exceed 14 feet in height shall be designed and constructed to withstand winds of 100 miles per hour, and such shall be certified to by a professional engineer or registered architect licensed to practice in the State of New York.

(d)

No sign face shall have a vertical dimension in excess of 12 feet nor exceed 300 square feet in total area.

(e)

If a lot has the ability to accommodate more than one billboard, the minimum distance between such billboards shall be 200 feet.

(f)

All double-faced billboards shall be special permit uses and uses subject to plan approval by the Planning Board in accordance with the provisions of Article XI herein.

(g)

If a billboard faces Interstate Route 84 or New York State Route 17, approval shall be obtained from the Senior Right-of-Way Agent in accordance with the New York State Sign Control Program.

(h)

Billboards may only be indirectly illuminated.

(i)

The placement of new billboards within the Town shall only be allowed along New York State Route 17 and Interstate Route 84, subject to the below regulations. No new billboards shall be allowed along any other street or road within the Town.

[Added 5-26-2016 by L.L. No. 7-2016]

[1]

Digital billboards. Digital billboards, being billboards that display messages through an electronic video screen, shall be allowed along New York State Route 17 and Interstate Route 84, subject to the following requirements.

[a]

New York State Route 17. New digital billboards shall be allowed to be placed along New York State Route 17, eastbound and westbound, between the Silver Lake-Scotchtown Road overpass and a point parallel with the westernmost terminus of Mt. Joy Road, with no more than one such digital billboard every 2,500 linear feet.

[b]

Interstate Route 84. New digital billboards shall be allowed to be placed along Interstate Route 84, eastbound and westbound, between the East Main Street overpass and the Ballard Road overpass, with no more than one such digital billboard every 2,500 linear feet.

[c]

Digital billboards shall be equipped to have a pixel display of no less than 256 and no larger than 768 and shall not contain pulsating or flashing messages that will distract drivers or otherwise disturb those within viewing distance.

[d]

A reasonable percentage of digital billboard displays shall be devoted to community use, such as:

[i]

Amber alerts.

[ii]

Notices of road construction and closures.

[iii]

Entranceway messages.

[iv]

Emergency services and public service requirements.

[v]

In accordance with New York State regulations and guidelines, the Town shall be afforded one banner per cycle of approved banners.

[2]

Nondigital billboards. Nondigital billboards shall be allowed along New York State Route 17 in the same locations as those of digital billboards in the above subsection, and additionally shall be allowed along New York State Route 17 from the Silver Lake-Scotchtown Road overpass to the Exit 116 overpass.

[3]

Existing billboards. All existing billboards within the Town of Wallkill along New York State Route 17 from the Silver Lake-Scotchtown Road overpass to the Exit 116 overpass, New York State Route 17 from the Silver Lake-Scotchtown Road overpass and Mount Joy Road, and Route 84 that are not in conformity with the requirements of this subsection shall be considered nonconforming but allowed to remain, subject to the following conditions:

[a]

Existing, nonconforming billboards that are on vacant land shall remain permitted until the property in question is developed and/or a new site plan for the property is approved by the Town Planning Board. Upon the occurrence of either event, the billboard shall be removed by the owner. It shall not be permissible to submit a site plan to the Planning Board to develop land upon which a billboard is presently situated which carves out a section of said land for subdivision in order to allow the existing billboard to remain installed.

[b]

Existing, nonconforming billboards must be regularly maintained for their visual appearance and structural integrity. The failure to maintain said billboard shall result in its removal by the Town, the cost of which will be levied on the taxes of the property owner. No new billboard will be allowed to be erected on the site.

[c]

Billboards constructed within the last three years inside of the newly established restricted areas shall be permitted to remain in their present location for 15 years from the date that same were constructed.

[d]

Existing, nonconforming billboards may not be replaced or expanded anywhere within the Town.

[4]

Additional regulations.

[a]

Any clearcutting around billboards shall include the roots and other underground elements of trees and said areas will be reseeded by the developer.

[b]

No billboard in the Town of Wallkill shall exhibit adult-oriented and/or sexually explicit advertising, themes or messages.

[c]

In addition to Subsection J(6)(g), all applicants for the installation of billboards along state and federal highways must adhere to the state and federal regulations regarding the siting and location of billboards.

[5]

Violations. The failure to comply with the provisions of this section, or other local, state or federal laws, shall constitute a violation of the Wallkill Town Code. Such violations shall be enforced by the Town Building Department and/or the Town Police Department. The provisions of Article XVI of this chapter shall apply to any violation of this section.

(7)

Window sign: a sign that is applied or attached to the exterior or interior of a window or located in such manner within a building that it can be seen from the exterior of the structure through a window.

(a)

The area of a window covered by window signs shall not exceed 25% of the area of said window.

(b)

Window signs may only be directly illuminated.

(8)

Awning sign: a sign mounted or painted on or attached to an awning or canopy.

(a)

No sign shall project out from, above, below or beyond the awning or canopy.

(b)

An awning sign shall only indicate the name and/or address of the use or premises.

(c)

Awning signs may not be illuminated.

(9)

Fence signs.

[Added 7-25-1996 by L.L. No. 7-1996]

(a)

No sign or banner shall be placed on any fence which will impede the vision of pedestrians and/or motorists.

(b)

All signs or banners placed on fences must be attached securely to prevent them from interfering with pedestrians and/or motorists' safety.

(c)

All signs and banners shall be kept and maintained in a clean, legible manner.

Signs permitted in all districts. The following signs shall be permitted within any district in the Town:

(1)

Development/neighborhood identification signs. In conjunction with an existing development or neighborhood, on-site development or neighborhood identification signs may be placed, subject to the following conditions:

(a)

A maximum of two single-faced freestanding signs shall be permitted per development or neighborhood.

(b)

The maximum area per sign shall be 16 square feet. Development/neighborhood streets and collector streets: only one sign shall be placed per intersection.

(c)

Such signs shall only be indirectly illuminated.

(d)

If such signs are freestanding, the maximum height shall be 48 inches above the finished grade.

(2)

Multiple-family development identification signs. In conjunction with an existing multiple-family development having 20 units or more, on-site multiple-family identification signs may be placed subject to the following conditions:

(a)

One freestanding, attached wall or suspended wall sign, single- or double-faced, shall be allowed per street frontage from which vehicles gain access to the development.

(b)

The maximum area per sign shall be 20 square feet.

(c)

If such signs are freestanding, the maximum height shall be 48 inches above the finished grade.

(d)

If freestanding, such signs shall only be indirectly illuminated.

(e)

Thirty percent of the area of the sign may include information pertaining to the availability or size of the dwelling units.

(3)

Signs and banners generally.

[Amended 7-25-1996 by L.L. No. 7-1996]

(a)

All signs and banners must be legible, clean, orderly and maintained.

(b)

Banners shall not exceed 70% of the width of the building wall to which it is mounted.

(c)

Banners shall not be illuminated.

(d)

Banners shall not extend beyond the side of the wall to which it is mounted.

(4)

Long-term temporary signs.

(a)

Off-site directional signs. In conjunction with an approved subdivision or use, off-site directional signs may be placed subject to the following regulations:

[1]

All such signs shall be removed within 30 days of the final sale within the subdivision or final lease-up with the use. There shall be a deposit with the Town of Wallkill for each sign in the amount of $100 as a guaranty of removal of each sign. The deposit will be refunded when each sign is removed and upon the request of the developer.

[2]

One such sign may be placed per intersection.

[3]

Such signs shall be located within 50 feet of the intersection, no further than five vehicular miles from the advertised site and no less than five feet from a property line.

[4]

Such signs shall be freestanding, with a maximum height of five feet.

[5]

The maximum sign area per directional sign shall be four square feet.

[6]

Directional signs shall have no commercial messages or copy and shall not be illuminated.

(b)

On-site real estate signs. Signs advertising the sale, lease or rent of the premises upon which such sign is located may be placed subject to the following regulations:

[1]

One attached wall or freestanding sign per street frontage will be permitted.

[2]

Area and height.

[a]

For improved multifamily residential properties, the maximum area per sign shall be 15 square feet with a maximum height of eight feet.

[b]

For improved nonresidential properties, the maximum area per sign shall be 24 square feet with a maximum height of eight feet.

[c]

For unimproved properties not exceeding two acres in size, the maximum area per sign shall be 32 square feet with a maximum height of 10 feet.

[d]

For unimproved properties exceeding two acres in size, the maximum area per sign shall be 60 square feet with a maximum height of 10 feet.

[3]

Real estate signs shall not be illuminated.

[4]

All such signs shall be removed within three days after the sale, lease or rental of the premises.

(c)

On-site construction signs. In conjunction with a use that has an approved building permit for a project or a development, construction signs may be placed subject to the following regulations:

[1]

There shall not be more than one such single-faced, freestanding sign for each project or development.

[2]

Such sign may only identify persons or companies involved with the construction, architecture, engineering and development of the premises.

[3]

Such sign shall be no larger than 32 square feet in total area and no more than 10 feet in height.

[4]

Construction signs shall not be illuminated.

[5]

Construction signs may be erected and maintained for a period not to exceed 14 days prior to the commencement of construction and shall be removed within 14 days of the termination of construction of the project or development.

(5)

Short-term temporary signs.

(a)

[1]Civic event signs. Signs announcing a campaign, drive, activity or event of a civic, philanthropic, educational or religious organization for noncommercial purposes may be placed subject to the following regulations:

[1]

There shall not be more than one such sign for each tax lot. If the sign is not to be placed on property owned by the organization requesting the permit, then the permittee shall present written consents from all the property owners on whose property the sign is to be located.

[2]

Such signs may be freestanding or attached wall signs.

[3]

Such signs shall not be illuminated, shall not exceed 32 square feet in total area and, if freestanding, shall be no more than eight feet in height.

[4]

Civic event signs may be erected and maintained for a period not to exceed 30 days prior to the date of which the campaign, drive, activity or event advertised is scheduled to occur and shall be removed within three days of the termination of such campaign, drive, activity or event.

[1]

Editor's Note: Former Subsection K(5)(a), Political signs, was repealed 8-29-2002 by L.L. No. 6-2002. Said L.L. No. 6-2002 also provided for the redesignation of former Subsection K(5)(b) and (c) as Subsection K(5)(a) and (b). For current provisions on election signs, see Subsection D(13).

(b)

On-site commercial event signs. Signs, banners, posters and other similar promotional devices announcing a special, unique or limited activity, service, product or sale of limited duration may be placed subject to the following regulations:

[1]

No single sign shall exceed 32 square feet in total area nor exceed an aggregate total area of 64 square feet for the parcel.

[2]

If freestanding, no sign shall exceed 10 feet in height.

[3]

Permits for such commercial event signs shall not be issued more than twice for the same parcel within one calendar year.

[4]

All such signs shall be erected and maintained for a period not to exceed 30 days and shall be removed within three days of the termination of the activity, service, project or sale.

Signs permitted in agricultural and residential districts. The following signs shall be permitted within any agricultural or residential district in the Town:

(1)

One nonilluminated, attached wall, suspended or freestanding sign advertising an approved home occupation or professional office may be placed on the premises subject to the following conditions:

(a)

Such sign shall not exceed four square feet in total area.

(b)

If freestanding, such sign shall not exceed six feet in height.

Signs permitted in Neighborhood Commercial Districts. The following signs shall be permitted within a Neighborhood Commercial District in the Town:

(1)

Attached wall, suspended wall, projecting window and awning signs may be placed on the premises subject to the following conditions:

(a)

The total allowable sign area for all permanent signs on the site, except freestanding signs, shall be as follows:

[1]

If there is no freestanding sign on the site, then one square foot of sign area per linear foot of building wall that fronts on a street is allowed.

[2]

If there is a freestanding sign on the site, then 3/4 square foot of sign area per linear foot of building wall that fronts on a street is allowed.

(b)

There is no limit on the number of signs on a site if their aggregate square footage is within the total allowable area limit.

(2)

One freestanding sign may be placed on the premises subject to the following:

(a)

Such sign shall only be allowed if the building on the site is set back a minimum of 35 feet from the front property line.

(b)

On lots with a lot width of 100 feet or less, the maximum sign area shall be 40 square feet. On lots with a lot width of more than 100 feet, the maximum sign area shall be 60 square feet.

(c)

The maximum height shall be 14 feet.

Signs permitted in Highway Commercial, Enterprise, Enterprise Light and Office and Research Districts. The following signs shall be permitted within the Highway Commercial, Enterprise, Enterprise Light and Office and Research Districts in the Town:

[Amended 7-26-2007 by L.L. No. 15-2007]

(1)

Attached wall, suspended wall, projecting, window, awning signs and billboards may be placed on the premises, subject to the following conditions:

(a)

The total allowable sign area for all permanent signs on the site, except freestanding signs, shall be as follows:

[1]

If there is no freestanding sign on the site, then 1 1/4 square feet of sign area per linear foot of building wall that fronts on a street is allowed.

[2]

If there is a freestanding sign on the site, then one square foot of sign area per linear foot of building wall that fronts on a street is allowed.

[3]

For billboards, if the lot has no buildings located on it, then one square foot of sign area per linear foot of lot frontage is allowed.

(b)

There is no limit on the number of signs on a site if their aggregate square footage is within the total allowable area limit.

(2)

One freestanding sign may be placed on the premises subject to the following conditions:

(a)

The maximum aggregate sign area shall be 250 square feet, with no individual sign face exceeding 150 square feet.

(b)

The maximum height shall not exceed the maximum permitted building height in the district in which the property is located. In the Office and Research District, the maximum height shall not exceed 35 feet.

[Amended 7-26-2007 by L.L. No. 15-2007]

Signs permitted for specific uses. Regardless of the district in which it is located, for the uses listed below, the signs permitted on the site shall be governed by the following:

(1)

Shopping centers. Shopping center signs shall be subject to the following:

[Amended 12-27-1990 by L.L. No. 18-1990]

(a)

Shopping centers with a gross floor area of less than 200,000 square feet. Signs shall be subject to the following:

[1]

Attached wall, suspended wall, projecting, under-canopy and window signs may be placed on the premises subject to the following conditions:

[a]

The total allowable sign area for all permanent signs on the site, except freestanding signs and under-canopy signs, shall be 1 1/4 square feet of sign area per linear foot of building wall that fronts on a street or designated primary access drive or parking area.

[b]

There is no limit on the number of the above signs on a site if their aggregate square footage is within the total allowable area limit.

[c]

The character, size and graphic features of said signs should express a uniformity of design and present a harmonious appearance.

[2]

Under-canopy signs.

[a]

Under-canopy signs may be nonilluminated or internally illuminated.

[b]

The overall height of under-canopy signs shall not exceed 1 1/2 feet and the overall length shall not exceed four feet and shall be installed at least nine feet above pedestrian walk areas and finished floor grade.

[c]

The character, size and graphic features of said signs should express a uniformity of design and present a harmonious appearance.

[3]

One freestanding sign may be placed on the premises per site frontage which possesses a minimum of 200 linear feet of road frontage subject to the following:

[a]

Freestanding signs shall be placed at least 400 feet apart on the subject premises.

[b]

The maximum sign area shall be 200 square feet and shall be limited to the name of the shopping center and its insignia and/or symbol, if any, and shall include the official Town of Wallkill insignia.

[c]

Each shopping center freestanding sign may include a directory sign which indicates the names of the major tenants in the shopping center and shall contain no promotional advertising. The area of each tenant's individual portion of the directory sign shall count toward the total allowed area of the freestanding sign for that frontage.

[d]

The maximum height of the sign shall not exceed the maximum permitted building height in the district in which the property is located, except in the Office and Research District, where the maximum height of the sign shall not exceed 35 feet.

[Amended 7-26-2007 by L.L. No. 15-2007]

(b)

Shopping center with a gross floor area of 200,000 square feet and over. Signs shall be subject to the following:

[1]

Attached wall, suspended wall, projecting, under-canopy and window signs may be placed on the premises subject to the following conditions:

[a]

The total allowable sign area for all permanent signs on the site, except freestanding signs and under-canopy signs, shall be not more than two square feet of sign area per linear foot of storefront or designated primary access drive or parking area.

[b]

There shall be no limit on the number of the above signs on a site as long as their aggregate square footage is within the total allowable area.

[c]

The character, size and graphic features of said signs should express a uniformity of design and present a harmonious appearance.

[2]

Under-canopy signs.

[a]

Under-canopy signs may be nonilluminated or internally illuminated.

[b]

[c]

The character, size and graphic features of said signs should express a uniformity of design and present a harmonious appearance.

[3]

One freestanding sign may be placed on the premises per site frontage which possesses a minimum of 200 linear feet of road frontage subject to the following:

[a]

Freestanding signs shall be placed at least 400 feet apart on the subject premises.

[b]

[c]

[d]

[Amended 7-26-2007 by L.L. No. 15-2007]

(c)

Comprehensive signage plan.

[1]

A comprehensive sign plan shall be submitted to the Planning Board as part of its site plan and/or special permit approval process for any shopping center to be reviewed and conceptually approved by the Planning Board.

[2]

The character, size and graphic feature of all signs as depicted in the comprehensive signage plan should express a uniformity of design and present a harmonious appearance.

[3]

Any retail store or tenant making an application for a sign permit shall submit with his application evidence that the landlord or owner of the shopping center has approved the particular signage.

(2)

Gasoline filling stations. Gasoline filling station signs shall be subject to the following:

(a)

One attached wall, suspended wall or projecting sign may be placed on the principal building, except that where the building abuts two or more streets, additional such signs, one oriented to each abutting street, shall be permitted. The maximum allowable sign area for the sign shall be 1/2 square foot of sign area per linear foot of building wall that fronts on a street.

(b)

One freestanding sign may be placed on the premises subject to the following:

[1]

The maximum sign area shall be 75 square feet.

[2]

[Amended 7-26-2007 by L.L. No. 15-2007]

(c)

Service island identification signs. Service island identification signs indicating the price of gasoline, other relevant information or directions to persons using the facility, but containing no advertising material, shall be allowed subject to the following:

[1]

There shall be no more than one such sign for each service island located on the premises.

[2]

The maximum allowable sign area for each such sign shall not exceed six square feet.

[3]

Such signs may only be located attached directly to the service island structure, if any, or pump.

[4]

Such signs shall not project higher than the service island structure, if any, or pump, whichever is higher.

(3)

Gasoline service stations and motor vehicle repair garages. Gasoline service stations and motor vehicle repair garage signs shall be subject to the following:

(a)

(b)

One freestanding sign may be placed on the premises subject to the following:

[1]

The maximum sign area shall be 75 square feet.

[2]

[Amended 7-26-2007 by L.L. No. 15-2007]

(c)

Service island identification signs. Service island identification signs (for gasoline service stations only) indicating the price of gasoline, type of service offered, other relevant information or directions to persons using the facility, but containing no advertising material, shall be allowed subject to the following:

[1]

There shall be no more than one such sign for each service island located on the premises.

[2]

The maximum allowable sign area for each such sign shall not exceed six square feet.

[3]

Such signs may only be located attached directly to the service island, if any, or pump.

[4]

Such signs shall not project higher than the service island structure, if any, or pump, whichever is higher.

(d)

Service bay identification signs. Service bay identification signs providing direction or instruction to persons using the facility, but containing no advertising of any kind, shall be subject to the following:

[1]

One attached wall or suspended wall sign may be placed on the principal building for each service bay.

[2]

The maximum sign area for each such sign shall be 10 square feet.

[3]

Such signs shall be located either adjacent to or over a service bay entrance.

Permits.

(1)

Permit required. Except for the following, no person may erect, alter or relocate within the Town any sign without first obtaining a sign permit:

(a)

Exempt signs as specified in § 249-11D of this chapter.

(b)

Routine maintenance or changing of the parts of a sign, provided that the maintenance or change of parts does not alter the surface area, height, message copy or otherwise render the sign nonconforming.

(2)

Permit applications. Each sign being applied for shall require the filing of a separate permit application. Applications for sign permits shall be submitted to the Building Inspector on forms prescribed and provided by the Town and shall contain or have attached thereto the following information:

(a)

The names, addresses and telephone numbers of the applicant, the owner of the property on which the sign is to be erected or affixed and the person or company to be erecting or affixing the sign.

(b)

The location of the building, structure or lot on which the sign is to be erected or affixed.

(c)

A site plan of the parcel involved, showing all structures and the exact location of the proposed sign.

(d)

Two sets of plans and specifications of the sign to be erected or affixed and its method of construction and attachment to the building or in the ground. Such plans and specifications shall include details of dimensions, materials, color and weight.

(e)

If necessary, a certification from a professional engineer or registered architect licensed to practice in the State of New York indicating that the sign is designed to withstand winds of at least 100 miles per hour.

(f)

The written consent of the owner of the building, structure or property on which the sign is to be erected or affixed.

(g)

The method of illumination, if any, and the position of lighting or other extraneous devices and a copy of the electrical permit related to the electrical connection.

(h)

Such other information as the Building Inspector may require to determine full compliance with this and other applicable ordinances and regulations of the Town.

(3)

Issuance of permits. Upon the filing of an application for a sign permit, the Building Inspector shall examine the plans, specifications and other submitted data and the premises upon which the sign is proposed to be erected or affixed. If it appears that the proposed sign is in compliance with all the requirements of this Zoning Law and other applicable ordinances of the Town and if the appropriate permit fee has been paid, the Building Inspector shall, within 30 days, issue a permit for the proposed sign. The issuance of a permit shall not excuse the applicant from conforming to the other laws, ordinances or regulations of the Town. If the work authorized under a sign permit has not been completed within 90 days after the date of issuance, the permit shall become null and void, but may be renewed within 15 days prior to the expiration, for good cause shown, for an additional 90 days, upon payment of 1/2 of the original permit fee.

(4)

Permit fees. At the time of filing a sign permit application, said application shall be accompanied by an appropriate application fee. Said application fees shall be established by Town Board resolution.

Review of existing signs.

(1)

Nonrequested inspections. The Building Inspector or his authorized representative shall have the authority, without a formal request, to inspect any sign for the purpose of identifying those signs which are not in compliance with the provisions of this chapter.

(2)

Requests for inspections. Any person may file a written request with the Building Inspector requesting an inspection of one or more existing signs as identified in the request. In each such instance, the Building Inspector shall promptly inspect such sign(s) to determine compliance with the provisions of this chapter. Following the inspection, the Building Inspector shall make a written report indicating the findings of the inspections to both the owner of the inspected sign and to the person filing the request for inspection.

(3)

Notice of violation. The Building Inspector shall notify, in writing, each owner of an existing sign found to be in violation of any provision of this chapter pursuant to inspections made under § 249-11Q(1) and (2) above. The notice shall specifically refer to each section of this chapter under which a violation has been found to exist and thereupon describe the features of the inspected sign found to be deficient.

(4)

Effect of notice. Upon receipt of a notice of violation for an existing sign, the owner of said sign shall have 15 days to correct the violation(s). If the violation(s) is not corrected after the conclusion of such fifteen-day period, the Building Inspector is hereby authorized to cause the sign to be removed or repaired forthwith at the expense of the owner of the building or premises on which such sign is located.

Removal of certain signs.

(1)

Nonconforming signs. If the Building Inspector shall find that any nonconforming sign, except for those legal nonconforming signs as specified in § 249-11G, is displayed, he shall give written notice to the owner of the premises on which such sign is located. Removal of the sign shall be effected within 15 days after receipt of the notice. If such sign is not removed after the conclusion of such fifteen-day period, the Building Inspector is hereby authorized to cause the sign to be removed forthwith at the expense of the owner of the building or premises on which such sign is located.

(2)

Obsolete signs. Any sign, whether existing on or erected after the effective date of this chapter, which advertises a business no longer being conducted or a product no longer being offered for sale in or from the premises on which the sign is located, shall be removed within 30 days upon cessation of such business or sale of such product by the owner of the building or premises on which such sign is located. If the Building Inspector shall find that any such obsolete sign has not been removed within 30 days upon the cessation of such business or sale of such product, he shall give written notice to the owner of the building or premises on which such sign is located. Removal of the sign shall be effected within 15 days after receipt of the notice. If such sign is not removed after the conclusion of such fifteen-day period, the Building Inspector is hereby authorized to cause the sign to be removed forthwith at the expense of the owner of the building or premises on which such sign is located.

(3)

Unsafe signs. If the Building Inspector shall find that any sign is unsafe, insecure or is a menace to the public, he shall give written notice to the owner of the building or premises on which such sign is located. Correction of the condition which caused the Building Inspector to give such notice shall be effected within 15 days after receipt of the notice. If such condition is not corrected after the conclusion of such fifteen-day period, the Building Inspector is hereby authorized to cause the sign to be removed forthwith at the expense of the owner of the building or premises on which such sign is located. Notwithstanding the foregoing provision, the Building Inspector is authorized to cause any sign to be removed summarily and without notice, at the expense of the owner of the building or premises on which such sign is located, whenever he determines that such sign is an immediate peril to persons or property.

§ 249-12 Off-street parking and loading requirements.

[Amended 4-10-1980 by L.L. No. 4-1980; 4-8-1982 by L.L. No. 3-1982; 4-23-1987 by L.L. No. 2-1987]

There shall be provided on the same site with any use off-street parking spaces for vehicles in accordance with the requirements herein. Where existing buildings or uses not meeting these requirements are proposed to be changed, altered or enlarged, in any district, off-street parking shall be provided as required herein.

Permitted accessory parking. Off-street parking spaces, open or enclosed, are permitted accessory to any use, provided that:

(1)

There shall be no limitation on the number of agricultural vehicles permitted accessory to a farm use.

(2)

Not more than one commercial vehicle, not exceeding 25 feet in length, may be parked within a private garage or driveway in any RA, RA-1, R-1 or R-2 District on lots up to one acre in size.

[Amended 7-26-2007 by L.L. No. 15-2007]

(3)

For all residential lots, other than townhouse lots, any unoccupied camping trailer, utility trailer, house trailer, boat and/or boat trailer and recreational vehicle may be stored on the lot. Such outside storage shall take place to the rear of or to the side of such residence but shall be no closer than five feet to any side or rear property line.

(4)

For all Townhouse lots, not more than one unoccupied camping trailer, utility trailer, house trailer, boat and/or boat trailer or recreational vehicle may be stored on the lot. Such outside storage shall take place in the driveway.

General parking area standards.

(1)

Mixed uses. In the case of mixed uses, the total requirements for off-street parking spaces shall be the sum of the requirements for the various uses. Off-street parking facilities for one use shall not be considered as providing parking facilities for any other use.

[Amended 11-9-1995 by L.L. No. 7-1995]

(a)

The Planning Board may, however, approve the alternating use of parking facilities in cases where parties wish to cooperatively establish and operate parking facilities and where these generate parking demands primarily during hours when the remaining uses are not in operation, i.e., one use may operate in the daytime and the other at night only, and the parking would then serve both uses. The applicant may also request that the Planning Board vary the requirements of the Bulk Table, § 249-12F, by decreasing the required parking. The applicant must provide adequate substantiation that the conditions of the use are unusual and provide adequate verification that the number of spaces required in accordance with Subsection F are excessive. The complete burden of proof for such a reduction in the total number of required parking spaces, however, shall remain with the applicant, and documentation shall be submitted to the Planning Board substantiating the reason for this requested parking reduction. As a condition precedent to approving such alternating use, the Planning Board shall require:

[Amended 7-25-1996 by L.L. No. 7-1996]

[1]

That whatever alternative units of measurements are required for computing off-street parking requirements, that unit of measurement which provides the greater number of off-street parking spaces shall control.

[2]

The submission of satisfactory statements by the parties providing such facilities and describing the nature of the uses and times when such uses operate so as to indicate the lack of conflict between them.

[3]

That no use established pursuant to the provisions of this procedure may be changed without prior approval of the Planning Board.

(2)

Accessible parking spaces where parking is provided, accessible parking spaces shall be provided in accordance with the below table (Additional accessible parking requirements shall be provided per Section 1106 of the 2020 Building Code of the New York State):

[Amended 8-26-2021 by L.L. No. 6-2021]

(a)

The number of accessible parking spaces shall be included in the required number of parking spaces and shall be in accordance with the following table:

Total Off-Street Parking Required	Accessible Parking Required
Up to 25	1
26 to 50	2
51 to 75	3
76 to 100	4
101 to 150	5
151 to 200	6
201 to 300	7
301 to 400	8
401 to 500	9
501 to 1,000	2% of total
Over 1,000	20, plus 1 for each 100 over 1,000

(b)

Such spaces shall be the spaces closest to the entrance of the building or use for which they are provided and shall be connected thereto by a paved surface of which no less than five feet in width is unobstructed and has no point at which the gradient exceeds one foot rise or fall in 20 feet.

(c)

Such spaces shall comply with the design standards set forth in ICC A117.1-2009 and the specific requirements of Section 1106.1.1 of the 2020 Building Code of New York State.

(3)

Compact car parking. For any required off-street parking area, which contains 100 or more spaces, 20% of all the required spaces may be requested to be compact car spaces.

(a)

Said compact car spaces shall be no less than eight feet wide.

(b)

Each such space shall be clearly identified by a nonmovable sign marked "Compact Car Only."

(4)

Required accessory parking spaces, open or enclosed, may be provided upon the same lot as the use to which they are accessory, or elsewhere, provided that all spaces therein are located within 500 feet of walking distance of such use. In all cases, such parking spaces shall conform to all the regulations of the district in which they are located. In no event shall such parking spaces be located in any residential district unless the uses to which they are accessory are permitted in such district. Such spaces shall be in the same ownership as the use(s) to which they are accessory or leased for not less than 50 years, and said owner or lessee shall maintain the required number of spaces available, either throughout the existence of such use or until parking spaces are provided elsewhere.

(5)

All off-street parking facilities shall be used solely for the parking of vehicles in operating condition by patrons, occupants or employees of the use to which such parking is accessory. No motor vehicle repair work, except emergency service, shall be permitted in association with any required off-street parking facilities.

(6)

Required off-street parking areas shall not be used for the sale, repair, dismantling or servicing of any vehicle (excluding emergency repairs to your personal vehicle), equipment, materials or supplies.

Off-street parking layout, standards, construction and maintenance. Whenever the off-street parking requirements in this section require the construction of an off-street parking facility, such off-street parking lots shall be designed, constructed and maintained in accordance with the following standards and regulations:

(1)

Each parking space shall contain at least 162 square feet, exclusive of drives and aisles.

(a)

The minimum width shall be nine feet, and the minimum depth shall be 18 feet.

(b)

Each space shall be double striped. The stripes shall be four inches wide and 14 inches on center, thereby creating 12 inches between stripes. The nine-foot minimum space shall be measured at the midpoint between the stripes. All parking areas shall be restriped at least once a year.

(2)

Circulation.

[Amended 8-23-1990 by L.L. No. 13-1990]

(a)

Each row of parking spaces shall have curbed traffic safety islands installed at both ends.

[Amended 7-26-2007 by L.L. No. 15-2007]

(b)

Each row of parking shall be of such length as is deemed suitable by the Planning Board in consideration of site characteristics, circulation patterns, safety considerations and aesthetics.

(c)

See § 249-100D, Parking lot landscaping, for more specific requirements.

[Amended 7-26-2007 by L.L. No. 15-2007]

(3)

All off-street parking areas shall be provided with safe and convenient access to a public street. If any such areas are located contiguous to a street, the street side thereof shall be curbed, and ingress and egress shall be provided only through driveway openings through the curb of such location and construction as may be approved by the Planning Board. The width of ingress and egress drives shall be as follows:

(a)

A minimum of nine feet for all single-family dwellings.

(b)

A minimum of 12 feet for one-way traffic for all uses other than single-family dwellings.

(c)

A minimum of 24 feet for two-way traffic for all uses other than single-family dwellings.

(4)

Entrance and exit drives shall be designed and constructed to facilitate the safe and efficient flow of traffic. The number of drives shall be the minimum that will allow the property to accommodate the anticipated traffic. Except for single-family and two-family dwellings, drives shall be clearly and permanently marked by curbs, planting islands, fences or other devices placed adjacent to the driveway. The radius of any entrance curbs shall be at the discretion of the Planning Board.

(5)

No planting, fences or other visual obstructions more than 30 inches tall nor tree limbs maintained lower than eight feet from the ground shall be permitted within the area formed by the intersection of the driveway line, the street right-of-way line and a straight line joining said lines through points 20 feet from their intersection.

(6)

On all corner lots, there shall be a minimum distance of 30 feet from any entrance or exit drive to the lot line fronting on the intersecting street.

(7)

Except as may be qualified elsewhere in this chapter, off-street parking spaces and driveways located on the ground and open to the sky may be located in any required yard but not nearer to any front or side lot property line than 10 feet. Except as may be qualified elsewhere in this chapter, parking structures and carports shall be subject to the minimum yard requirements applicable in the district in which they are located.

(8)

Any lighting used to illuminate off-street parking or loading areas or garages shall be arranged and designed so as to reflect the light away from adjoining premises. Any such areas shall not be lighted at any time other than during the same hours that the use to which the parking is accessory is open for business, except for necessary security lighting.

(9)

The minimum width of interior aisles shall be as follows:

(a)

When ninety-degree parking is used with two-way traffic, it shall be 25 feet.

(b)

When sixty-degree parking is used with one-way traffic, it shall be 18 feet.

(c)

When forty-five- or thirty-degree parking is used with one-way traffic, it shall be 12 feet.

(10)

All parking areas shall be designed for proper drainage as approved by the Planning Board.

(11)

Screening and landscaping.

[Amended 8-23-1990 by L.L. No. 13-1990; 7-26-2007 by L.L. No. 15-2007]

(a)

See §§ 249-100C and D for more specific requirements.

(12)

All parking areas, other than for single-family dwellings, of less than 20 spaces, shall be provided with a stabilized base and dust-free surface. All other parking areas shall be provided with a bituminous-type surface. All such surfaces shall be approved as to type, depth and subgrade by the Planning Board.

[Amended 7-25-1996 by L.L. No. 7-1996]

(13)

Except for parcels devoted to one- and two-family dwellings, all areas devoted to off-street parking shall be so designed and be of such size that no vehicle is required to back into a public street to obtain egress.

(14)

Parking facilities on more than one level shall be designed in accordance with the standards set forth herein for grade level parking facilities insofar as they are reasonably applicable.

Computation of required off-street parking spaces. All off-street parking spaces shall be computed as set forth in Subsection F below, except as follows:

(1)

When the application of said Subsection F results in the requirement of a fractional parking space, any fraction up to 1/2 may be disregarded, and any fraction equaling 1/2 or more shall be construed as requiring one full parking space.

(2)

When required parking computations are based on gross floor area, any floor area devoted exclusively to parking shall not have off-street parking space requirements.

(3)

The parking space requirements for uses not listed in Subsection F shall be defined by the Planning Board. Such determination shall be based upon the requirements of the most comparable use specified in Subsection F.

(4)

Parking spaces required on an employee basis shall be based on the maximum number of employees on duty on the premises at any one time.

(5)

Parking spaces required on a person/patron basis shall be based on the maximum occupancy load of the building based on the Building Code.[1]

[1]

Editor's Note: See Ch. 140, Housing Standards, Art. II.

(6)

For computation purposes, unless otherwise specified in Subsection F, all uses shall be classified in their entirety, not divided into components, i.e., a retail store's gross square footage shall all be classified as retail space, not retail area and warehouse area.

Off-street parking spaces required. Every use hereafter inaugurated and every building or structure hereafter erected or altered shall have permanently maintained, on the same parcel, off-street parking spaces in accordance with the standards listed below, except where otherwise specified in this chapter. The number of off-street parking spaces required shall be no less than the following:

[Amended 7-30-1990 by L.L. No. 10-1990]

	Use	Parking Spaces Required
	Dwelling, other than multiple dwelling	2 per dwelling unit
	Boardinghouse, motel, hotel or guest room	1 per habitable room or unit, plus 1 for every 2 employees
	Place of worship, meeting hall, theater, auditorium or other place of public assembly not otherwise classified [Amended 8-26-2021 by L.L. No. 6-2021]	1 per 4 seats or 1 per 40 square feet of seating area where fixed seating is not provided
	Home occupation	2 per 150 square feet of the use, plus 1 for each additional 150 square feet or fraction thereof
	Offices and banks (except medical and dental	1 per 300 square feet of gross floor area
	Medical and dental offices and clinics	1 per 150 square feet of gross floor area
	Laboratory	1 per 1.25 employees, plus sufficient visitor parking
	Retail stores	1 per 150 square feet for the first 2,000 square feet of gross floor area and 5.5 per 1,000 square feet of gross floor area in excess of 2,000 square feet
	Food store, supermarket, etc.	1 per 150 square feet of gross floor area
	Service shops	1 per 200 square feet of gross floor area
	Furniture, major appliance and carpet store	1 per 700 square feet of gross floor area, with a minimum of 20 spaces
	Eating and drinking establishments	1 per 50 square feet of patron area, plus 1 per 200 square feet of other area
	Eating and drinking establishments: fast-food, drive-in, drive-up and drive-through, i.e., product specialty hamburgers, donuts, pizza, deli-counter, ice cream, bakery, etc.	1 per 50 square feet of gross floor area, with a minimum of 20 spaces
	Shopping center [Amended 8-23-1990 by L.L. No. 13-1990; 2-27-1997 by L.L. No. 1-1997; 2-12-1998 by L.L. No. 2-1998; 5-29-1998 by L.L. No. 4-1998]	4.2 per 1,000 square feet of net floor area for centers up to 400,000 square feet
		4.5 per 1,000 square feet of net floor area for centers 400,000 square feet to 1,000,000 square feet
		4.0 per 1,000 square feet of net floor area for centers over 1,000,000 square feet
	Shopping center with:
	Offices
	Occupying up to 10% of GLA for all centers	No additional spaces required
	Occupying 10% or greater of GLA for all size centers	No additional spaces required for offices occupying up to the first 10% of GLA; 1 additional space per 600 square feet of GLA of offices occupying 10% to 50% of shopping center GLA; 1 additional space per 300 square feet of GLA of offices occupying greater than 50% of shopping center GLA
	Cinemas
	If GLA is under 100,000 square feet and cinemas greater than 10% of GLA	Additional 3 spaces per 100 seats
	If GLA is 100,000 to 200,000 square feet and cinema over 450 seats	Additional 3 spaces per 100 seats above 450 seats
	If GLA is 200,000 to 600,000 square feet and cinema over 750 seats	Additional 3 spaces per 100 seats above 750 seats
	If GLA is over 600,000 square feet	No additional spaces required
	Eating and drinking establishments, including fast-food drive-in, drive-up and drive-through, i.e., product specialty hamburgers, donuts, pizza, deli-counter, ice cream, bakery, etc., occupying up to 10% of GLA if GLA is under 100,000 square feet, or occupying up to 5% of GLA if GLA is 100,000 square feet and over
	If GLA over 25,000square feet and under 100,000 square feet	Additional 10 spaces per 1,000 square feet of eating and drinking establishment
	If GLA 100,000 square feet and over and under 200,000 square feet	Additional 6.0 spaces per 1,000 square feet of eating and drinking establishment
	If GLA 200,000 square feet and over and under 600,000 square feet	Additional 2.0 spaces per 1,000 square feet of eating and drinking establishment
	If GLA 600,000 square feet and over	No additional spaces required for eating and drinking establishment
	Occupying 10% or greater of GLA if GLA under 100,000 square feet; or occupying 5% or greater of GLA if GLA 100,000 square or feet over	Parking spaces as required for above, except as modified by the Planning Board in connection with its site plan and/or special permit review, except that no additional parking spaces shall be required for centers 600,000 square feet or over
	Occupying a separate structure in any size center	Parking spaces as required above for all eating and drinking establishments/but in no case less than 20 additional spaces except that no additional parking spaces shall be required for centers 600,000 square feet or over
	In the event that restaurant uses are not known at the time of site plan review, restaurant uses shall be assumed to occupy 10% of GLA up to 100,000 square feet and 5% of GLA over 100,000 square feet	Spaces as required above for varying-sized centers
	Funeral homes	1 per 40 square feet of public room area
	Indoor and outdoor commercial recreation	1 per 150 square feet of ground floor area devoted to the use
	Health clubs, spas, figure salons	1 per 100 square feet of gross floor area
	Bowling alleys	4 per alley/lane
	Manufacturing and industrial establishments	1 per 1,000 square feet of gross floor area or 1 per employee on the largest shift, whichever is greater, plus 1 per company vehicle
	Wholesale business	1 per 50 square feet of customer area, plus 1 per 1.5 employees
	Warehouse	1 per 1,500 square feet of gross floor area for the first 10,000 square feet, plus 1 per each additional 5,000 square feet, plus 1 per 300 square feet of office area
	Miniwarehousing	4 per 1,000 square feet of gross office space associated with the use, plus 1 per employee with a minimum of 4 spaces
	Outdoor sales lots	1 per 3,000 square feet of gross lot area
	Hospitals	3 per 2 beds, plus 1 per 3 employees
	Nursing homes, sanatoriums	1 per 3 beds
	Grade schools, elementary and junior high schools	1 per employee and faculty member
	Senior high school	1 per employee and faculty member, plus 1 per 6 students for which the facility is designed
	Trade schools, business and commercial schools, colleges	1 per employee and faculty member, plus 1 per 1.5 students for which the maximum capacity designed
	Day-care center, nursery school [Amended 12-27-1990 by L.L. No. 18-1990]	1 per 10 students and 1 per staff member
	Private school	1 per 12 seats/students based on ultimate capacity of the building
	Motor vehicle sales establishment [Added 12-27-1990 by L.L. No. 18-1990]	1 per 300 square feet of gross floor area; plus spaces required for storage of vehicles and 5 per service bay
	Gasoline filling station [Amended 12-27-1990 by L.L. No. 18-1990]	1 per pump island, plus 5 per service bay
	Motor vehicle repair garage [Amended 12-27-1990 by L.L. No. 18-1990]	5 per service bay
	Motor vehicle rental and leasing establishments [Added 12-27-1990 by L.L. No. 18-1990]	1 per 100 square feet of gross floor area excluding spaces provided for storage of vehicles
	Veterinary hospitals, dog kennels [Added 12-27-1990 by L.L. No. 18-1990]	1 per 250 square feet of gross floor area

Permitted accessory loading berths. Off-street loading berths, open or enclosed, are permitted accessory to any use, except residences. Such berths shall not be located in any required yards.

Off-street loading space standards.

[Amended 8-23-1990 by L.L. No. 13-1990]

(1)

All uses shall be provided with off-street loading spaces in accordance with the following requirements:

	Use	Minimum Number of Required Loading Spaces
	Dwelling, other than multiple dwelling, boardinghouse, motel, hotel or guest room	None
	Place of worship, meeting hall, theater, auditorium or other place of public assembly not otherwise classified [Amended 8-26-2021 by L.L. No. 6-2021]	1
	Offices and banks
	0 square feet to 10,000 square feet	None
	10,000 square feet to 50,000 square feet	1
	Each additional 50,000 square feet or major portion thereof	1
	Medical and dental offices and clinics	Same as above
	Laboratory	Same as above
	Retail stores
	0 square feet to 5,000 square feet	None
	5,000 square feet to 25,000 square feet	1
	25,000 square feet to 50,000 square feet	2
	50,000 square feet to 100,000 square feet	3
	Each additional 100,000 square feet or major portion thereof	1 additional
	Food store, supermarket, etc.	Same as above
	Service shops	Same as above
	Furniture, major appliance and carpet store	Same as above
	Eating and drinking establishments: fast-food, drive-in, drive-up and drive-through, i.e., product specialty hamburgers, donuts, pizza, delicounter, ice cream, bakery, etc.	Same as above
	Funeral homes	Same as above
	Indoor and outdoor commercial recreation
	0 square feet to 10,000 square feet	1
	10,000 square feet to 100,000 square feet or major portion thereof	1 additional
	Health clubs, spas	Same as above
	Figure salons	Same as above
	Bowling alleys	Same as above
	Shopping center
	25,000 square feet to 50,000 square feet	2
	50,000 square feet to 100,000 square feet	3
	Each additional 100,000 square feet or major portion thereof to 500,000 square feet	1
	Each additional 100,000 square feet or major portion thereof to 500,000 square feet	1
	Manufacturing and industrial establishments
	0 square feet to 10,000 square feet	1
	10,000 square feet to 50,000 square feet	2
	50,000 square feet to 100,000 square feet	3
	Each additional 50,000 square feet or major portion thereof	1 additional
	Wholesale business	Same as above
	Warehouse	Same as above
	Miniwarehousing	None
	Outdoor sales lots	None
	Hospitals
	Up to 100,000 square feet	1
	For each additional 100,000 square feet	1
	Nursing homes, sanatoriums
	0 beds to 20 beds	None
	21 beds to 100 beds	1
	101 beds to 200 beds	2
	Over 200 beds	3
	Grade schools, elementary and junior high schools
	0 square feet to 30,000 square feet	None
	30,000 square feet to 200,000 square feet or some fraction thereof	1
	Senior high school	Same as above
	Trade school, business and commercial schools, colleges
	0 square feet to 10,000 square feet	None
	10,000 square feet to 100,000 square feet	1
	100,000 square feet to 200,000 square feet	2
	Each additional 100,000 square feet or major portion thereof	1
	Nursery school, day-care facility
	0 square feet to 30,000 square feet	None
	30,000 square feet to 200,000 square feet	1
	Or some fraction thereof	1
	Private school	Same as above
	Motor vehicle sales establishment [Added 12-27-1990 by L.L. No. 18-1990]
	0 square feet to 10,000 square feet	None
	10,000 square feet to 50,000 square feet	1
	Gasoline filling station [Amended 12-27-1990 by L.L. No. 18-1990]	Same as above
	Motor vehicle repair garages [Amended 12-27-1990 by L.L. No. 18-1990]	Same as above
	Motor vehicle rental and leasing establishment [Added 12-27-1990 by L.L. No. 18-1990]	Same as above
	Veterinary hospitals, dog kennels [Added 12-27-1990 by L.L. No. 18-1990]
	0 square feet to 10,000 square feet	None
	10,000 square feet to 50,000 square feet	1
	Each additional 50,000 square feet or major portion thereof	1

(2)

Such spaces shall be provided and maintained on the same lot with the pertinent use or uses.

(3)

Each loading space shall be not less than 14 feet wide, 50 feet long and 14 feet in height.

(4)

If such spaces are not enclosed, they shall be located not less than 200 feet from any residential district boundary. Such spaces shall also be effectively screened from such district. The screening plan shall be approved by the Planning Board.

(5)

All of the interior access roads or aisles leading to the loading spaces shall be a minimum of 15 feet wide for one-way traffic and 24 feet wide for two-way traffic. At any point where the access roads or aisles form corners, said corners shall have a minimum radius of 50 feet to the outside pavement line.

(6)

All loading spaces shall be located to provide direct access to the building to which they are accessory.

§ 249-13 Special permit uses and uses subject to plan approval.

Purpose. To provide for the location of certain uses which are deemed desirable for the public welfare within a given district or districts, but which are potentially incompatible with typical uses permitted within them, a classification of special permit uses and uses subject to plan approval is hereby established.

Procedure. A permit for special permit uses and uses subject to plan approval shall be subject to authorization and plan approval by the Town of Wallkill Planning Board in accordance with the provisions of §§ 249-38 through 249-40 of this chapter.

§ 249-14 Outdoor storage of vehicles.

Purpose. In order to promote safety and good appearance, to preserve property values and to further the general purposes of this chapter, the following regulations shall apply to any business premises where automobiles, trucks, tractors or similar vehicles are kept outdoors, whether existing before or after the enactment of this chapter, or amendments thereto, and provided that such use otherwise complies with all other laws and ordinances.

No vehicles shall be stored within 20 feet of a front property line, nor nearer than 10 feet to a side property line, now or hereafter, unless a variance has been approved as provided in this chapter.

Vehicles shall be stored in line and in an orderly fashion, with not less than four feet between any part of two vehicles.

No commercial vehicle exceeding 25 feet in length shall be parked, other than for the purpose of loading and unloading, in any residential area.

The outdoor storage of parts of vehicles, or of vehicles from which parts have been removed, except for the purpose of immediate repair of said vehicle, is prohibited, whether the vehicle is licensed or unlicensed.

§ 249-15 Floodplain and ponding area subdistricts.

Purpose. The areas of the Town of Wallkill which are subject to periodic inundation and ponding, as delineated on the Zoning Map, are designated as Floodplain and Ponding Area Subdistricts within the seven principal districts of the Town for the purposes of protecting human life, preventing material losses and reducing the cost to the public of rescue and relief efforts occasioned by the unwise occupancy of areas subject to floods and ponding.

Permitted uses. In the subdistrict, no structure shall be erected, constructed, reconstructed, altered or moved except as listed below:

(1)

Recreational uses, not involving buildings or structures, conservation areas and wildlife preserves.

(2)

Agricultural and commercial agricultural operations, including structures and uses accessory thereto.

(3)

Public utility structures, other than buildings.

(4)

Annual membership clubs, not including principal buildings.

(5)

Parking facilities, excluding structures.

Exceptions. Notwithstanding the above, the Planning Board, upon finding that an area in an FP Subdistrict described by an application submitted by an owner or his agent is safe from flooding and/or ponding, may permit such area to be used in accordance with the regulations (including use, area, bulk and height) specified for the principal district. An applicant applying for such permission shall produce sufficient evidence that the area covered by the application is now actually safe from flooding and/or ponding. Such evidence shall include an indication that means of vehicular access to the premises from an existing street is safe from flooding and may include engineering surveys and reports. Evidence shall also be submitted that sewage disposal, water supply and surface drainage are adequate to serve the intended use.

Fill and basement elevations, along the Wallkill River, shall be in accordance with the following:

Locations	Elevations Which No Filling Is Permitted	Lowest Elevation of Permitted Basement Floor
Town line at southern point on Wallkill River	368.14	375.70
County Route 53 at point of Crossing Wallkill River	362.20	369.70
Town line at northern point on Wallkill River	360.95	368.50

All proposals for lands within the FP Subdistrict or for which elevations are presented in Subsection D shall be reviewed by the Orange County Soil and Water Conservation Service and the Town of Wallkill Commissioner of Public Works.

Data necessary for plat approval of land in the FP Subdistrict.

(1)

Topography using contours at vertical intervals of not more than two feet to an elevation 10 feet above the FP Subdistrict boundary line. All elevations must be based on United States Geological Survey datum.

(2)

Finished basement floor elevations for all buildings.

(3)

Location and elevations of any facilities proposed to be placed in the FP Subdistrict as a permitted use.

§ 249-16 Soil and drainage standards.

All uses are subject to all soil and drainage standards set forth in the Town of Wallkill Subdivision Regulations now or hereafter adopted.[1]

[1]

Editor's Note: See Ch. 209, Subdivision of Land.

§ 249-17 Highway safety shelters for school children.

The erection and maintenance of highway safety shelters for school children shall be permitted in any zone of the Town of Wallkill, subject to the conditions and limitations herein provided.

Highway safety shelters shall not exceed a maximum of eight feet in width, eight feet in length and 80 inches in height and shall be anchored to a slab of reinforced concrete at least four inches in thickness or to a substitute base flooring approved by the Building Inspector.

The two outside walls of such shelter visible from the highway may have advertising signs painted thereon or affixed thereto, provided that the sign area shall not exceed three feet by seven feet on each of the two sides of the shelter. The advertising material shall contain no reference to tobacco or intoxicating beverages, nor any other material deemed offensive to the public dignity or unsuitable for school children.

Permits. No shelter may be erected until a building permit has been secured therefor from the Building Inspector who shall have power to approve the location and any variation in size or materials. Before the permit may be issued, there shall be filed with the Building Inspector a written consent and a certificate of necessity issued by the school authorities of the school district and written consent by the owner of the property upon which the shelter is to be placed. Before any permit shall be issued, the applicant must also provide satisfactory evidence that liability insurance is provided with limits of $500,000 and $1,000,000 and the applicant must furnish a certificate of insurance or other written evidence thereof satisfactory to the Town of Wallkill. In the discretion of the Building Inspector, the usual building setback requirements shall not apply.

(1)

No shelter may be placed upon any highway or other property of the Town of Wallkill without the consent of the Town Board.

(2)

Fees. The fee of the Building Inspector for the permit shall be an amount set by resolution of the Town Board.

[Amended 3-23-2006 by L.L. No. 3-2006]

If the Building Inspector should fail to act upon the application for the building permit or refuse to grant the building permit, then the applicant may appeal to the Zoning Board of Appeals, which Board is hereby authorized to conduct a hearing and thereafter, within 10 days, shall either issue the permit upon finding that the applicant complies with the provisions hereof or shall deny such permit upon a finding that a highway safety shelter is not needed at the proposed location or that the applicant is unable to comply with the provisions hereof.

All highway safety shelters shall be maintained in good repair and safe condition and shall be repainted when necessary. If such shelter shall be found unsafe, unpainted or in disrepair, then the same shall be considered a prohibited shelter and the enforcement provisions provided in Article XVI of this chapter shall apply, with notice to the owner and the right to remove by the Town as provided in Article XVI.

All existing highway safety shelters not conforming to this chapter shall be made to conform or shall be removed within six months after the effective date of this chapter.

§ 249-18 Uses in new subdivisions.

[Added 2-25-1988 by L.L. No. 4-1988]

Upon the review and approval of a site plan by the Town Planner in accordance with the provisions of this section, certain temporary uses as specified herein may be established within a subdivision for which a final map has been approved by the Planning Board, or in conjunction with a multiple-dwelling complex, solely for the marketing of dwellings and/or lots in the same development.

Permitted uses. The following temporary uses may be permitted in conformance with the following standards:

(1)

Construction trailers for the storage of equipment and materials used in connection with the construction of the subdivision in which they are located. There shall be no more than two such construction trailers allowed in any subdivision. Such construction trailers may only be approved if the builder applying for the trailers is the sole builder in the subdivision. If the subdivision has two or more builders operating in it, the builders may jointly apply for and, if approved, utilize no more than two such construction trailers. Such uses may be kept for the construction life of the subdivision but in no event longer than two years.

(2)

Real estate sales office facilities for purposes of promoting the sale or rental of units and/or lots which are located within the same development. Such sales office shall be erected on an individual site which conforms to a lot shown on the approved subdivision, shall meet all setback requirements of the applicable zone and shall qualify in all respects for sale and occupancy upon termination of its use as a sales office.

(3)

Model homes in a number not to exceed that necessary to provide one example of each unit type being offered in the development. Reversed floor plans and exterior facade variations will not be considered as separate unit types. Each model shall be erected on an individual site which conforms to a lot shown on the approved subdivision, shall meet all setback requirements of the applicable zone and shall qualify in all respects for sale and occupancy upon termination of its use as a model home.

Site plan review criteria. No use authorized by this section shall be located, installed or operated in a manner that will have an unnecessarily adverse effect on the use and enjoyment of any property on which an occupied unit is located or may be located during the duration of such authorized use.

Site plan content. The site plan shall contain such maps and drawings as are necessary to show the location of the above temporary uses and their relationship to off-street parking, vehicular and pedestrian access and the surrounding area.

Building permits. Prior to the issuance of a building permit for the temporary uses above, the following conditions shall be met:

(1)

The subdivision in which such temporary use is to be located must have been approved by the Planning Board, and the map stamped and signed by the Chairman.

(2)

Appropriate zoning must be in effect for the property encompassed by the subdivision or development to accommodate the lot sizes shown on the final map and the proposed uses thereof.

(3)

The site plan must be submitted to and approved by the Town Planner.

(4)

Necessary sanitary facilities must be provided as required by the Building Inspector.

§ 249-18.1 Multiuse buildings or structures.

[Added 8-26-2021 by L.L. No. 6-2021]

If a proposed building or structure to be erected on land in a zoning district would be utilized for activities that qualify under one or more principal, accessory, or special permitted uses as allowed in that zoning district, the following conditions shall apply:

The most restrictive set of bulk requirements applicable to the respective uses shall be applied in connection with the proposed building or structure.

If one of the applicable uses for the proposed building or structure is a special permitted use, then site plan approval must be sought from the Planning Board.

This § 249-18.1 shall not apply to § 249-12, entitled "Off-street parking and loading requirements," and it also shall not apply to a Shopping Center, which is an allowed mixed-use building subject to