Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
A special permit use shall conform to the following individual standards and regulations, where applicable, in addition to all other regulations for the zoning district in which the special permit use is located.
[Amended 9-15-1997 by L.L. No. 3-1997][1]
These provisions shall apply to special permits for the extraction and processing of natural resources, where permitted, involving the regrading, removal or excavation of more than 1,000 tons or 750 yards of natural resources, whichever is less, within 12 successive calendar months, or a volume of more than 100 cubic yards of natural resources from or adjacent to any body of water not subject to the jurisdiction of Article 15 of the Environmental Conservation Law.
A. 
Scope of special permit review. Any special use permit shall be limited in scope to review of the following matters and potential conditions related thereto:
(1) 
Ingress and egress to public thoroughfares controlled by the Town.
(2) 
Routing of material transport vehicles on roads controlled by the Town.
(3) 
Incorporation and enforcement of the requirements and conditions as specified by the New York State Department of Environmental Conservation (NYSDEC) concerning setback from property boundaries and public thoroughfare rights-of-way, natural or man-made barriers to restrict access, dust control and hours of operation.
(4) 
Incorporation and enforcement of reclamation requirements contained in any permit issued by the NYSDEC.
B. 
Application requirements. All special use permit applications must be accompanied by the following:
(1) 
A complete plan, prepared by a New York State licensed engineer, presented to the Planning Board which conforms with the requirements of § 150-58 of this chapter and in addition includes the following information:
(a) 
The location of the property, the zoning classification of the property and all adjacent properties, all adjacent property owners, all buildings on the site, and all buildings off the site and within 250 feet of the boundary line of the property.
(b) 
Existing topography of the property at five-foot intervals.
(c) 
Location of any streams, wetlands, floodplains, lakes, ponds, watercourses or intermittent streams or watercourses within or bounding the property.
(d) 
Soil types, as defined by the Dutchess County Soil Survey, found within the boundaries of the property.
(e) 
Layout of equipment used and noise generation.
(f) 
Details of erosion control on regarding or exposed soil surfaces.
(g) 
Location and present status of any previous commercial operations on the property.
(h) 
Areas to be excavated, intended location of storage piles, the estimated amounts and the type of earth to be excavated, in cubic yards, existing and proposed slopes, details of existing and proposed drainage, including the proposed level of any impounded water, plans for erosion control and the location of all proposed structures and proposed access drives to the excavation site.
(i) 
Location of all structures used for a permitted or accessory use as defined in the Table of Use Regulations, § 150-33B.
(j) 
A copy of all mined land use plan permit application documents submitted to the New York State Department of Environmental Conservation.
(2) 
An environmental assessment form, pursuant to the New York State Environmental Quality Review Act, identifying the proposed project, its impacts and all mitigation measures.
C. 
Enforcement of special use permit conditions. If, at any time, the Town Zoning Administrator determines that the recipient of a special use permit, as set forth herein, does not maintain the required improvements and/or does not comply with any and all conditions attached thereto, the Town Zoning Administrator shall order that the owner and/or the operator of all soil mining uses comply with all aspects of the special use permit. Failures to abide such direction shall constitute separate violations, subject to the enforcement remedies found within Article XV of this chapter.
[1]
Editor's Note: See also Ch. 128, Extraction of Topsoil and Natural Resources.
A. 
Purposes and intent. A designed multiple-use development (DMUD) is a land use requiring a rezoning procedure. A special use permit may be granted after public hearing by the Town Board for a designed multiple-use development where the general land use and development plan for such development is found to comply with the Town Development Plan and the standards of this section and all other applicable sections of this chapter and where such development shall be designed to achieve the following objectives:
(1) 
The creative use of land so as to establish a more desirable living environment than would be possible through the strict application of other sections of this chapter.
(2) 
The preservation of water bodies, wetlands, steep slopes, hilltops, ridgelines, major stands of trees, outstanding natural topography, significant geological features and other areas of scenic and ecological value, and the prevention of soil erosion and minimization of flood hazard.
(3) 
An efficient use of the land so as to facilitate the adequate and economical provision and maintenance of streets and drainage facilities and the establishment of public or private common sewage treatment and water supply systems as an integral part of large-scale future residential developments on the major remaining undeveloped lands in the Town, so as to promote the public health, safety and welfare and to minimize potential pollution hazards.
(4) 
Innovation, flexibility and variety in the type, design and layout of residential housing so as to permit greater variety in the choice of housing type, living environment, occupancy tenure and housing cost.
(5) 
The maximum provision of community, social, recreational, cultural and other service facilities as integral parts of newly constructed residential communities.
B. 
Eligibility requirements.
(1) 
Location. A designed multiple-use development may be constructed in any district except the R-4A District, subject to the provisions of Subsection D of this section.
(2) 
Minimum site size. The minimum site area for a designed multiple-use development shall be a parcel of land adequate in size to accommodate one-hundred-building lots of at least the minimum lot size normally required for one-family detached dwellings in the district in which it is located, except that where such developments are to be served by existing public water and sewer systems, the minimum site area need only be adequate to accommodate at least 50 building lots in the district in which it is located. Such minimum area may be located partly in the Town of Fishkill and partly in the Village of Fishkill, City of Beacon, Town of Wappinger, Town of East Fishkill or Town of Philipstown, and, if such is the case, shall not be eligible as to area unless both municipalities shall grant approval of the proposed development.
(3) 
Ownership. The land proposed for a designed multiple-use development may be owned by one or more persons or corporations, but shall be combined into a single contiguous parcel of land at or prior to the time of application to the Town Board. The application shall be jointly submitted by all owners and/or contract vendees and, if approved, shall be jointly binding on all of them.
C. 
Permitted uses.
(1) 
Permitted principal uses.
(a) 
The permitted principal uses within a designed multiple-use development shall be limited to those specified below. In no case shall dwelling units used for rental purposes exceed 10% of the number of dwelling units approved. At least 2% of all the dwelling units but not less than two dwelling units in each designed multiple-use development shall be designed for wheelchair accessibility and with approved facilities for handicapped people.
[1] 
Single-family detached dwelling units.
[2] 
Attached and semidetached dwelling units in structures containing not more than four units each.
[3] 
Schools and other public facilities.
[4] 
Buildings for religious worship, parish house and/or buildings for religious education.
[5] 
Private golf and country clubs.
[6] 
Swimming pools, tennis facilities, general recreational and athletic facilities intended for the use of the residents of the designed multiple-use development.
[7] 
Arts and crafts structures and facilities intended for the use of residents of the designed multiple-use development.
[8] 
Water tanks and/or towers, sewage treatment plants, utility substations and pump stations which are part of the water supply, sewerage and other utility systems servicing the designed multiple-use development.
(b) 
A separate special use permit is not required for any permitted use within a designed multiple-use development if such use was shown on the approved general land use and development plan for the entire development; provided, however, that site development plan approval shall still be required.
(2) 
Permitted accessory uses.
(a) 
Buildings for retail business, personal services and office-type uses, not to exceed 1% of the total floor space of the designed multiple-use development.
(b) 
Storage and maintenance structures and areas for materials and equipment for the proper upkeep of the designed multiple-use development.
(c) 
Temporary construction facilities needed during the course of constructing the designed multiple-use development.
D. 
Development standards and controls. All improvements within designed multiple-use developments shall be required to comply with the following specified standards and controls in lieu of those comparable requirements for other residential developments which are specified elsewhere in this chapter and in Chapter 132, Subdivision of Land:
(1) 
Development density. The appropriate density of land use to be permitted in each designed multiple-use development shall be determined in each individual case by the Planning Board and specified on the general land use and development plan. Such determination shall be based upon the following procedure:
(a) 
Density formula. Based upon a conventional subdivision sketch layout for the subject property, plus such other information as may be required by the Planning Board, said Board shall determine the number of dwelling units which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to all normally applicable requirements of this chapter, Chapter 132, Subdivision of Land, and all other applicable requirements. The number of permitted bedrooms or density units shall then be determined by multiplying the number of potential dwelling units by three.
(b) 
Number of bedrooms. The Building Inspector shall be responsible for determining the number of bedrooms in each dwelling unit in connection with his review of zoning requirements.
(c) 
Dwelling unit mix. For the purpose of assuring that designed multiple-use developments shall broaden the range of available housing types within the Town, not more than 25% of the permitted density units within any such development shall be composed of one-family detached dwellings.
(2) 
Open space and recreation areas. At least 1/3 of the gross acreage of any designed multiple-use development shall be composed of land which is owned or controlled jointly by all property owners within the development and is used for recreational purposes and/or preserved as natural open space. Such areas shall encompass land having meaningful ecological, aesthetic and recreational characteristics, with access, shape, dimensions, location, topography and nature and extent of improvements suitable, in the opinion of the Town Board, for the intended purposes. Permanent preservation and maintenance of such areas shall be assured by means of the filing of covenants and restrictions, negative easements and/or scenic easements on the land, and by the formation and incorporation of a property owners association which shall be required to maintain such open space and recreation areas. Such association shall be empowered to levy assessments against property owners to defray the cost of maintenance, and to acquire liens, where necessary, against property owners for unpaid charges or assessments. Open space and recreation areas shall have minimum dimensions of 40 feet in length and width in order to qualify for the 1/3 requirement contained in this section.
[Amended 9-6-1988 by L.L. No. 15-1988]
(3) 
Utilities.
(a) 
In order to achieve greater safety and improved appearance, all water, sewer and gas lines and all electric, telephone and other wires and equipment for providing power and/or communication shall be installed underground in the manner prescribed by the regulations of the state, local and/or utility company having jurisdiction.
(b) 
Where, in the opinion of the Planning Board, connections to existing facilities are possible and warranted, sanitary sewers and/or water mains and fire hydrants to be installed in a designed multiple-use development shall be connected to such existing facilities in the manner prescribed by the regulations of the appropriate sewer, water or fire district or other agency having jurisdiction.
(c) 
Where connection to existing off-site public water or sewerage facilities is not possible or not warranted, a central water supply and sewage treatment system shall be designed and constructed by the applicant to serve all dwelling units within the designed multiple-use development in accordance with the standards and subject to the approval of the Dutchess County Department of Health and the appropriate state and federal agencies, where such approvals are required.
(d) 
Where part or all of a designed multiple-use development is to be located within an area or drainage basin planned for future service by public water and/or sewerage systems or recommended for such a system and/or systems within current comprehensive water supply and sewerage plans of the Town of Fishkill, adjacent municipalities or of Dutchess County, any water or sewer facilities within the designed multiple-use development shall be designed and located in such a way as to readily permit their connection to the public systems at such time as they are constructed.
(4) 
Road standards.
(a) 
The following three types of roads shall be permitted within designed multiple-use developments:
[1] 
Class A road: road built in accordance with the requirements of Chapter 132, Subdivision of Land, and Standard Specifications for Subdivision Road Construction. The Planning Board shall classify all Class A roads into one of the following three classifications included in the minimum Town road specifications: major or through street, commercial or industrial, rural or suburban type.
[2] 
Class B road: private road over 600 feet in length and built in accordance with Town specifications.
[3] 
Class C road: private road 600 feet or less in length and built in accordance with Town specifications. Minimum required setbacks of dwelling units and other structures from the edge of Class C roads shall be determined by the Planning Board based upon, but not limited to, such things as topography, parking, building design and layout, sidewalks and landscaping.
[Amended 9-6-1983 by L.L. No. 4-1983]
(b) 
The Planning Board may, when reviewing site development plans, adjust the road standards where it determines that such adjustment would be appropriate in relation to the particular situation involved and where the basic intent and purpose of these standards will be satisfied.
(c) 
Only Class A roads may be offered for dedication as a public highway to the Town of Fishkill. Suitable legal agreements shall be required which permanently assure the proper maintenance of all Class B and Class C roads by a property owners association.
(5) 
Building height and setbacks.
(a) 
No structure within a designed multiple-use development containing residences shall exceed 2 1/2 stories or 35 feet in height, whichever is more restrictive.
[Amended 9-6-1988 by L.L. No. 15-1988]
(b) 
Setbacks of all structures shall conform to the following requirements:
Minimum Required Setback From
Type of Structure
Outside Perimeter of Entire Development
(feet)
Edge of Class A Road Right-of-Way
(feet)
Edge of Class B Road
(feet)
Single-family detached dwelling unit
50
40
30
Other principal structure
60
40
30
Accessory structure
30
20
20
(c) 
Notwithstanding the first paragraph of § 150-61A herein, the distance between adjacent buildings and between buildings and parking areas shall be in conformance with the minimum setback requirements contained in § 150-61A(5), as possibly modified in accordance with § 150-61A(7), of this chapter determined by the Planning Board on site plan review, applying standards of firesafety and the necessity of access to said buildings by firefighting apparatus.
[Amended 9-6-1988 by L.L. No. 15-1988]
(d) 
Where determined necessary by the Planning Board when reviewing site development plans, buffer landscaping of adequate size, type and spacing may be required to effectively screen buildings within the designed multiple-use development from neighboring properties.
(6) 
Off-street parking requirements.
(a) 
In general, off-street parking shall meet the requirements and be guided by the standards of Article XIII of this chapter, except that the following standards and requirements shall prevail if these are considered by the Planning Board to be more appropriate than those stated in Article XIII:
[1] 
Stall width: 10 feet.
[2] 
Stall length: 20 feet.
[3] 
Aisle width: 25 feet.
(b) 
Number required. Notwithstanding parking requirements listed in other sections of this chapter, the minimum number of off-street parking spaces to be provided for each permitted use within the designed multiple-use development shall be as follows:
Kind of Use
Required Parking Spaces
Single-family detached dwelling unit
[Amended 9-6-1983 by L.L. No. 4-1983]
2 1/2 spaces per dwelling unit
Any other type of unit
[Amended 9-6-1983 by L.L. No. 4-1983]
1 1/2 spaces per dwelling unit plus 1/2 space per bedroom
Private golf and country club
7 spaces per hole
Swimming pools, tennis and other general recreation and athletic facilities
1 space for each 10 dwelling units within the designed multiple-use development to be served by the facility, or 1 space for each 3 persons the facility is designed to accommodate, whichever unit of measure is most appropriate to the customary use thereof, as determined by the Planning Board when reviewing site development plans
Clubhouses, lodges, community houses, arts and crafts facilities and meetings facilities for service organizations
1 space for each 10 dwelling units within the designed multiple-use development to be served by the facility, or each 5 permanent seats or 150 square feet of floor area, whichever unit of measure is most appropriate to the customary use thereof, as determined by the Planning Board when reviewing site development plans
Storage and maintenance structures and areas
As determined by the Planning Board when reviewing site development plans
Commercial, industrial, governmental and other nonresidential uses
As determined in Article XIII of this chapter
(c) 
Joint use. Joint use of parking spaces by two or more adjacent facilities may be permitted when approved by the Planning Board upon a determination that the parking capacity to be provided will meet the intent of the requirements by reason of variation in the probable time of maximum use by users and staff of such facilities.
(d) 
Location of parking along roads. Parallel parking may be permitted along a Class B road in a parking aisle. Both angled and parallel parking may be permitted along Class C roads, but only in locations determined appropriate and approved by the Planning Board when reviewing site development plans. No parking shall be permitted along any Class A road.
(e) 
The Planning Board, when approving site development plans and based upon the size of the proposed dwelling units and the number of outdoor parking spaces, carports and garages proposed, shall make a determination as to the number of garages which may be counted toward the number of parking spaces required by this chapter. The number of garages counted shall not exceed 1/2 of the number of garages proposed.
[Amended 2-6-1989 by L.L. No. 2-1989]
(f) 
Internal landscaping. In off-street parking areas containing 25 or more parking spaces, at least 15% of the total parking area within the paved areas shall be curbed and landscaped with appropriate trees, shrubs and other plant material as determined necessary by the Planning Board to assure the establishment of a safe, convenient and attractive parking facility.
(g) 
Of the total required number of parking spaces, at least one-half parking space per dwelling unit shall be specifically designed and reserved for the use of visitors and guests. These visitor/guest parking spaces shall be in common parking areas and shall therefore not be comprised of driveways, carports or garages.
[Added 9-6-1983 by L.L. No. 4-1983; amended 2-6-1989 by L.L. No. 2-1989; 11-6-1989 by L.L. No. 6-1989]
(h) 
Parking spaces shall be in reasonable proximity to the respective dwelling units or other uses that they are intended to serve, and the determination of reasonable proximity shall be at the discretion of the Planning Board when reviewing site development plans.
[Added 2-6-1989 by L.L. No. 2-1989]
E. 
Application procedure. To initiate the application procedure, the applicant must first present to the Town Board the elements of his proposal sufficient for the Town Board to conduct an informational hearing and to determine the appropriateness of the proposed designed multiple-use development for the site under consideration. After such an informational hearing, the Town Board may either reject the proposal or refer the applicant to the Planning Board under the following application procedure.
(1) 
The application procedure for approval of a designed multiple-use development shall involve a five-stage process:
(a) 
Preliminary application of a land use and development plan and program to the Planning Board.
(b) 
Planning Board review and report to the Town Board on the appropriateness of the proposal in the context of the Town Development Plan, the Official Map and this chapter.
(c) 
Public hearing by the Town Board and decision on the special use permit, based upon the general land use and development plan as required in Subsection E(2) of this section.
(d) 
Planning Board public hearing and decision on the subdivision of land, if any.
(e) 
Planning Board, Town Engineer, Superintendent of Highways and Town Attorney administrative review of the site plan and related documents and agreements for each section of the designed multiple-use development.
(2) 
Application requirements. Application for issuance of a special permit establishing a designed multiple-use development shall be submitted in 12 copies to the Planning Board at a regularly scheduled meeting and shall include the following:
(a) 
The name and address of the applicant, property owner(s) if other than the applicant, and of the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project. Where the applicant or owner is a corporation, the applicant shall include the names and addresses of all officers, directors and principal stockholders of said corporation. Written authorization from the owner(s) to submit the application shall be required where the applicant is not the owner or the affected property.
(b) 
A written statement describing the nature of the proposed designed multiple-use development and how it will serve to implement the intent and purpose for such developments as set forth in this chapter.
(c) 
The proposed general land use and development plan at a scale of not smaller than one inch equals 200 feet and indicating the following:
[1] 
Terrain conditions on the property, to include topographic data at a maximum contour interval of 10 feet, an indication of generalized soil types and the location of existing watercourses, wetlands, wooded areas, major rock outcroppings and other significant existing features.
[2] 
The proposed spatial arrangement of land uses, including the location, nature and general extent of areas to be developed with residential dwelling units by type; public, community and/or recreational facilities; utility service and maintenance facilities; and areas to be preserved as natural open space.
[3] 
The general configuration of the road system planned to serve the designed multiple-use development.
[4] 
The total gross acreage encompassed by the designed multiple-use development, the density formula calculations as set forth in Subsection D(1)(a) hereof and approximate acreage to be occupied by each type of permitted use, the total number of dwelling units proposed for inclusion within the development and the proposed breakdown of those units according to size.
[5] 
A statement of the proposed method of ownership and maintenance of the designed multiple-use development.
[6] 
A generalized time schedule for the staging and completion of the designed multiple-use development, including utilities and facilities.
[7] 
An environmental impact statement.
[8] 
Such other additional information as deemed necessary by the Town Board to properly study and evaluate the application.
(d) 
An initial application fee in an amount fixed by the then-current fee schedule as approved by the Town Board for each acre of land within the proposed designed multiple-use development, such fee to be applied to meeting the costs incurred by the Town for engineering, planning and other professional services in connection with its review of the application. Final review fee shall be determined in accordance with the Planning Board's development review schedule and shall include the initial application fee as well as other fees listed herein. Should the applicant withdraw the application during a part of the review process or should the application be denied at any point in the review process, any unused portion of the fee shall be returned to the applicant.
(3) 
Review by other agencies. Upon receipt of a completed application for approval of a designed multiple-use development, the Planning Board shall forward for review and report two copies of such application to the Town Board for its information and one copy each to the Building Inspector and Zoning Administrator, the Town Conservation Board, the Town Engineer, Town Attorney, the Superintendent of Highways, the Dutchess County Soil and Water Conservation District, the Dutchess County Department of Health, the Dutchess County Planning Board when such proposed development abuts a state and county highway or park, the Clerk of any abutting municipality where the property proposed for such development is located within 500 feet of such municipality, and any other agencies, such as the Hudson River Valley Commission or the New York State Department of Environmental Conservation, which may have jurisdiction, together with a request for review and report by said agency.
[Amended 9-6-1988 by L.L. No. 15-1988]
(4) 
Planning Board action. Within 60 days from the date of receipt of a completed application, as determined by the Planning Board, said Board shall submit a written report to the Town Board, setting forth its findings as to the advisability of the proposal.
(5) 
Public hearings. A public hearing on an application for approval of a designed multiple-use development shall be scheduled and conducted by the Town Board at the receipt of the Planning Board's report. Public notice shall be as required by the Town Law of the State of New York.
F. 
Approval of subdivision plats. Applications for the approval of any subdivision plats and for the construction of any Class A roads shall be submitted to the Planning Board and processed by said Board in accordance with all the procedures and requirements specified in Chapter 132, Subdivision of Land, and Standard Specifications for Subdivision Road Construction.
G. 
Approval of site development plans. No earthwork, land clearing or construction of any kind shall take place within the limits of a designed multiple-use development until a site development plan for such development or the appropriate section thereof has been reviewed and approved, all in accordance with the procedures outlined in Article XI of this chapter and supplemented as follows:
(1) 
Submission of application. After Town Board action approving the zoning change, applications shall be submitted in five copies to the Zoning Administrator, with the initial application accompanied by five copies of the approved general land use and development plan, and shall include the following information:
[Amended 9-6-1988 by L.L. No. 15-1988]
(a) 
A proposed site development plan map drawn at a scale of no less than one inch equals 100 feet and indicating the following:
[1] 
Title of the development; date; revision dates, if any; North point; scale; name and address of the applicant and of the architect, engineer, landscape architect and/or surveyor preparing the site development plan.
[2] 
Detailed description of existing terrain conditions on the property, to include topographic data at a maximum contour interval of two feet; designation of specific soil types; the location of all existing watercourses and intermittent streams; the location and extent of existing wooded and wetland areas, and specification of the type of vegetation prevailing therein; the location of existing stone walls, rock outcrops, wooded areas and major trees (eight inches or more in diameter) outside of wooded areas which are to remain undisturbed.
[3] 
The location and dimensions (length, width, ground floor elevation and height) of all existing and proposed main and accessory buildings, with the use for each indicated.
[4] 
The location, width and finished pavement grades of all existing and proposed public and private roads.
[5] 
The location, layout, finished pavement grades and surface treatment proposed for parking and loading areas and ingress and egress drives.
[6] 
The location, size and proposed screening of any refuse storage or other outdoor storage areas.
[7] 
The location and size of all proposed water supply, sanitary sewerage, storm drainage and other utility facilities, including connections to any existing facilities.
[8] 
Locations, design and construction plans for proposed sidewalks and steps, drainage structures, retaining walls, etc.
[9] 
Landscaping plan, to include type, size and location of materials to be used.
[10] 
Proposed type, location and design of exterior lighting system.
[11] 
Proposed location, type, size, color and illumination of all signs.
(b) 
Architectural plans and specifications of representative buildings and structures, including general exterior elevations, perspective drawings and, in the case of residential buildings, typical floor plans indicating the number of bedrooms and the use of all other rooms within each dwelling unit.
(c) 
Calculation of expected storm drain loads to be accommodated by the proposed drainage system for a fifty-year-frequency storm.
(d) 
Estimate of earthwork, showing the quantity of any material to be imported to and/or removed from the site.
(e) 
Description of measures planned to assure proper erosion and sedimentation control during construction.
(f) 
A statement from the applicant's engineer indicating the estimated cost of constructing all new roads and sidewalks and of the water supply, sanitary sewerage and storm drainage systems.
(g) 
Proof of approval by the State Department of Transportation, County Highway Department or the Town of Fishkill Superintendent of Highways, as appropriate, of the design and proposed construction of any intersection of a new road with an existing state, county or Town highway, and of any proposed connections to existing drainage facilities along such highways.
(h) 
Copies of legal covenants and agreements restricting the use of recreation and open space areas to such purposes, and of documents establishing future ownership and maintenance responsibilities for all private roads, recreation and open space areas.
(i) 
Any other legal agreements, documents or information required to implement the purposes and intent of the designed multiple-use development as approved by the Town Board.
(j) 
An application fee in an amount and as normally determined by the Planning Board in site plan review.
(k) 
Construction and maintenance bonds as normally required in subdivisions.
(2) 
Referral to Planning Board, Town Engineer, Superintendent of Highways and Town Attorney.
(a) 
Upon receipt of a site development plan application, the Zoning Administrator shall refer two copies to the Planning Board, one copy to the Town Engineer, one copy to the Town Attorney and one copy to the Superintendent of Highways where a private road to be constructed as a part of the site development will intersect with an existing Town road or an approved Class A road, all for review and report.
[Amended 9-6-1988 by L.L. No. 15-1988]
(b) 
Review by the Planning Board, Town Engineer and Superintendent of Highways shall be for the purpose of determining:
[1] 
That such development will be in accordance with the approved general land use and development plan and any other requirements and conditions established by the Town Board as a part of the special permit issued for the designed multiple-use development.
[2] 
That it complies with all other applicable standards and requirements of this chapter.
[3] 
That all facilities and improvements necessary to the construction of the development will be properly provided.
[4] 
That proposed intersections of private roads with existing Town roads or Class A roads are located and designed so as to permit safe traffic movements through the intersections.
[5] 
That existing Town roads within or directly abutting the designed multiple-use development are or will be suitably improved so as to be capable of safely accommodating the increased traffic generated by the development.
(c) 
Review by the Town Attorney shall be for the purpose of determining the adequacy of all covenants and agreements, documents and other legal information required in connection with the construction and operation of all jointly owned facilities and areas within the designed multiple-use development.
(d) 
Reports from the Town Engineer, Superintendent of Highways and Town Attorney shall be submitted to the Planning Board within 30 days. The Planning Board shall submit a summary report to the Zoning Administrator within 60 days of the date on which such application was originally submitted to the Planning Board, shall indicate whether the application should be approved, disapproved or approved with modifications and shall specify what modifications, if any, are necessary.
[Amended 9-6-1988 by L.L. No. 15-1988]
(3) 
Action by Zoning Administrator.
[Amended 9-6-1988 by L.L. No. 15-1988]
(a) 
Within 90 days of the date the application was received by the Zoning Administrator, the Zoning Administrator shall act either to approve, disapprove or approve with modifications the site plan, and such action shall be based upon the findings of the Planning Board as specified in its report.
(b) 
A permit authorizing earthwork, land clearing or construction of any kind shall be issued only for work which will be done in accordance with the approved site development plan, and no certificate of occupancy shall be issued for any development which has not been constructed in accordance with said plan.
(4) 
Inspection fee. As a condition of site development plan approval, an inspection fee in an amount determined necessary by the Town Engineer, but not in excess of 7% of the estimated cost of constructing all private roads, sidewalks and water supply, sewerage and storm drainage systems, shall be paid to the Town of Fishkill. Such fee shall be used to cover costs incurred by the Town in conducting inspections of such construction as it progresses, and any unused portion shall be returned to the applicant.
(5) 
Special conditions. If, during the course of construction, any conditions such as flood areas, underground water, springs, intermittent streams, humus beds, unsuitable slopes, soft and silty areas or other unusual circumstances are encountered which were not foreseen in the original planning, such conditions shall be reported to the Planning Board, together with the developer's recommendations as to the special treatment required to secure adequate and permanent construction. The Planning Board shall investigate the condition or conditions and either approve the developer's recommendations to correct same, order a modification thereof or issue its own specifications for correction of the condition or conditions. Unusual circumstances or detrimental conditions observed by the Town Engineer or Zoning Administrator shall be similarly treated.
[Amended 9-6-1988 by L.L. No. 15-1988]
(6) 
Amendments. Where unforeseen conditions are encountered which require any change in an approved site development plan, or where the developer wishes to modify the approved plan for other reasons, an amended site plan shall be filed with the Zoning Administrator for review and approval in accordance with the same procedures as required under Subsection E(2) hereof.
[Amended 9-6-1988 by L.L. No. 15-1988]
(7) 
Expiration of approval. Site development plan approval shall expire if work on the approved development is not begun within six months of the date of approval. An extension of the expiration date may be granted by the Zoning Administrator, upon recommendation of the Planning Board, for a period not to exceed six months.
[Amended 9-6-1988 by L.L. No. 15-1988]
[Amended 9-23-2004 by L.L. No. 7-2004]
A special use permit may be granted, after public hearing by the Town Board, for a mobile home park in any residential district where the general land use and development plan, prepared by a licensed architect or professional engineer, for such mobile home park is found to comply with the standards of the Mobile Home Park Ordinance (Ordinance No. 3, adopted July 7, 1952, as amended)[1] and all applicable sections of this chapter. Furthermore, except as set forth in § 106-39 of the Town Code with respect to preexisting nonconforming parks, such mobile home park shall not exceed the density of single-family homes that would be permitted in the zoning district in which it is located.
[1]
Editor's Note: See also Ch. 106, Mobile Home Parks.
[Amended 9-6-1983 by L.L. No. 4-1983]
A special use permit may be granted, after a public hearing by the Planning Board, for a gasoline filling station, provided that:
A. 
The proposed use shall be on a site of not less than 20,000 square feet with no less than 150 feet of street frontage on any public road.
B. 
No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.
C. 
No proposed site shall be located within 1,500 feet of any existing public garage or filling station or any site previously approved for such use and not as yet terminated as provided for in this chapter.
D. 
All pumps, lubricating and other dispensing devices except air pumps shall be located at least 20 feet from any adjoining lot line or highway right-of-way.
E. 
All motor fuel shall be stored at least 35 feet from any street or lot line or highway right-of-way; storage tanks for the foregoing substances shall be totally underground.
F. 
Outdoor storage and display of accessories or portable signs may be permitted in areas where they do not constitute a safety hazard to pedestrians or vehicles entering or leaving the station. Premises shall not be used for the display of automobiles, trailers, mobile homes, boats or other vehicles unless specifically permitted by Planning Board site plan approval.
G. 
Required side and rear yards adjacent to residence districts shall be used for parking only.
H. 
Required side and rear yards adjacent to residence districts shall be screened from the adjoining residential district with such screening as shall be required by the Planning Board; provided, however, that the Planning Board shall require only such screening of a size and design necessary to preserve the residential character of the adjacent residential district.
I. 
Curbs shall be constructed in compliance with the County and State Highway Department regulations, and the Planning Board shall evaluate the overall site on the basis of traffic circulation within the site, and traffic within the site in relation to the adjoining street system.
[Amended 9-6-1983 by L.L. No. 4-1983]
On a lot of 10 acres or more, a special use permit may be granted, after a public hearing by the Planning Board, in any district for an animal hospital or kennel, provided that:
A. 
Work spaces, runs, pens or other facilities shall be located within a completely enclosed soundproof building, and such hospital or kennel shall be operated in such a manner as to produce no objectionable noise, odors or other nuisances beyond the boundaries of the site on which it is located. Such a facility shall assure a zone of attenuation sufficient to prevent any increase in the average preexisting background noise levels on the site.
B. 
No building in which animals are kept shall be located within 100 feet of any property in a residence district or within 150 feet of any existing residence other than the residence of the owner, operator or an employee thereof.
C. 
Animals shall not be permitted beyond the boundaries of the special permit use.
[Amended 9-6-1983 by L.L. No. 4-1983]
On a lot of 25 acres or more, a special permit use may be granted, after public hearing by the Planning Board, within any residence district for a commercial riding club, academy or stable, which may be used for the Boarding and training of horses, provided that:
A. 
The use of property for any of the above purposes shall be limited to the keeping of one horse for each acre of lot area.
B. 
No stable shall be erected within 100 feet of army property in a residence district.
C. 
The total area of all buildings used for such purposes shall not exceed 4% of the minimum lot area.
D. 
No horses shall be housed in any buildings used as a residence.
E. 
The Planning Board shall require fencing or other suitable enclosures and, in addition, may require buffer landscaping for screening purposes.
F. 
Such uses shall comply in all respects with the requirements of the County Department of Health and such further safeguards as the Planning Board may deem appropriate.
[Amended 9-6-1983 by L.L. No. 4-1983]
A special use permit may be granted, after public hearing by the Planning Board, within any residence district for a medical or dental clinic, provided that:
A. 
The clinic shall be conducted within an existing residence in accordance with Item No. 12 of the Schedule of Regulations for Residential Districts[1] or in a new building. The requirements and standards of an R-4A District, set forth in the Schedule of Regulations for Residential Districts, shall apply to any such clinic not located on a state highway.
[1]
Editor's Note: The Schedule of Regulations for Residential Districts is included as an attachment to this chapter.
B. 
All operations and activities in connection with such use shall be conducted wholly within the building or existing accessory building, except for off-street parking and loading areas.
C. 
Off-street parking shall be provided in the amount set forth in Article XIII. Parking requirements may be increased, depending upon the needs of each particular proposed use as determined by the Planning Board. Such parking areas shall be permanently improved, shall be located only in the side or rear yards and shall be set back at least 50 feet from any boundary which abuts a residence district and at least 10 feet in all other cases.
D. 
The entire site, except for areas covered by buildings, parking and loading areas and walks, shall be suitably landscaped as approved by the Planning Board. Suitable natural screening or buffer strips, walls or fencing shall be provided along the boundaries of parking and loading areas to protect adjacent properties from physical damage or nuisances. All landscaping shall be properly maintained during the period of use as a medical clinic.
E. 
Exterior lighting shall not be used to illuminate the structure. Such lighting shall be used only along walkways and in the parking area for safety purposes and shall be shielded from view of all surrounding residence properties and from streets. All exterior lighting shall be extinguished no later than 11:00 p.m.
F. 
No more than one dwelling shall be permitted in the clinic. Such dwelling shall have at least 700 square feet of gross floor area and shall meet the off-street parking requirements of this chapter in addition to parking required for the clinic.
G. 
Access to medical and dental clinics shall be permitted only from the county or major Town roads, as determined by the Planning Board, except that secondary access, for safety purposes, may be permitted to other streets.
[Amended 9-6-1983 by L.L. No. 4-1983]
On a lot of one acre or more, a special use permit may be granted, after a public hearing by the Planning Board, for a funeral home use within an existing residence-type building having an existing usable floor area of not less than 2,000 square feet, provided that:
A. 
All operations and activities in connection with such use shall be conducted wholly within such building, except for off-street parking and loading areas.
B. 
Any existing main building shall be set back at least 50 feet from the street or from site boundaries abutting a business- or industry-zoned area, at least 100 feet from site boundaries abutting a residence-zoned area and at least 150 feet from any existing building in residential use. Existing accessory buildings shall be set back at least 50 feet from the street and all other site boundaries.
C. 
Off-street parking shall be provided in the amount set forth in Article XIII, except that the same may be increased, depending on the parking needs of each particular proposed use as determined by the Planning Board. Such parking area shall be permanently improved, shall be located only in the side or rear yards and shall be set back at least 50 feet from any boundary which abuts a residence-zoned area and at least 10 feet in all other cases.
D. 
The entire site, except for areas covered by buildings, parking and loading areas and walks, shall be suitably landscaped as approved by the Planning Board. Suitable natural screening or buffer strips, walls or fencing shall be provided along the boundaries of parking and loading areas to protect adjacent properties from physical damage or nuisances. All landscaping shall be properly maintained during the period of use as a funeral home.
E. 
Exterior lighting shall be shielded from view of all surrounding residence properties and from streets. All exterior lighting, other than lighting for security reasons, shall be extinguished not later than 10:00 p.m.
F. 
Any such use shall comply with all applicable rules and regulations of any county or state agency having jurisdiction.
[Added 1-7-1991 by L.L. No. 1-1991]
The Hudson River Waterfront Recreation District (HRWRD) may be applicable to parcels within the Town of Fishkill which have waterfront or shoreline access to the Hudson River.
A. 
Because of the high value placed by the citizens of Fishkill on physical and visual access to the riverfront and in view of the ecological sensitivity of waterfront resources, the Waterfront Recreation District is designed to utilize, to the maximum extent, the natural and intrinsic features of land adjacent to the Hudson River as to make such lands accessible to the public. Uses in this district should promote the public interest in the values of those areas for purposes of recreation, conservation and development of aquatic resources and should strengthen the economic base of the Town by encouraging marine-related uses. In determining the uses allowed in the zone, the Town of Fishkill Town Board considered the economic viability of such uses, especially when public amenities are required. The uses listed below are consistent with the New York State Coastal Management Program and are allowed in the district by special permit of the Town Board in accordance with the procedures outlined herein. In reviewing special permit applications, the Town Board shall determine that the use(s) proposed meet the purpose and intent of the district as stated above, are compatible in terms of location, size, design and function and are generally consistent with the overall development goals for riverfront properties as identified by the Town.
(1) 
Uses allowed by special permit are as follows:
(a) 
Facilities for water-oriented and recreational activities, including but not limited to:
[1] 
Pools.
[2] 
Ice-skating and other winter sports.
[3] 
Picnic grounds, and passive areas such as walkways and lawns.
(b) 
Facilities for water-dependent activities, including;
[1] 
Bathing beaches.
[2] 
Waterskiing, fishing, sailing and boating.
[3] 
Boat clubs and boat launching facilities.
[4] 
Marinas.
[5] 
Small boat repair facilities.
[6] 
Buildings for the indoor storage of boats, not to exceed 20% of the maximum building and paved area.
[7] 
Outdoor storage of boats.
(c) 
Facilities for water-related cultural activities, including;
[1] 
Bandshells and amphitheaters.
[2] 
Maritime centers and similar facilities which utilize water for recreational and educational purposes.
[3] 
Education and scientific uses which utilize the waterfront resources.
(d) 
The following uses are water-enhanced uses and are also allowed in the district:
[1] 
Restaurants.
[2] 
Hotels, motels and conference centers.
[3] 
Retail sales outlets for the supply to the ultimate consumer of goods and services immediately related to any uses listed in this section, not to exceed 20% of the maximum building coverage and paved area.
[4] 
Tennis, handball, basketball and recreation fields for other similar sports and indoor recreation, not to exceed 10% of the site area.
[5] 
Theaters for the performing arts.
[6] 
Museums and art galleries.
(2) 
All uses permitted above shall not be deemed to include amusement parks, camping areas or trailer areas.
(3) 
Accessory uses and structures which are incidental to and customarily associated with the principal use of the premises shall be permitted, including but not limited to the sale of marine equipment or products, dockside facilities for dispensing fuel and rest room facilities.
B. 
In a HRWRD, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any use except as indicated above and in Table III, Schedule of Regulations for Nonresidential Districts.[1] All uses in this district are subject to the issuance of a special use permit by the Town Board in accordance with the procedures outlined below and are subject to site plan approval by the Planning Board in accordance with §§ 150-57 through 150-60 of this chapter. Applications for special use permit and site plan approval may be proceed simultaneously.
[1]
Editor's Note: The Schedule of Regulations for Nonresidential Districts is included as an attachment to this chapter.
C. 
In all site plan approvals, the Planning Board shall, except as described below, require that a dry-land right-of-way or easement for purposes of a public pedestrian trail/promenade not less than 25 feet in width along the shoreline (within the shoreline setback) be provided within the lot covered by the site plan. The creation of the easement shall be in writing in a form acceptable for recording in the office of the Dutchess County Clerk. This public pedestrian trail/promenade shall be interconnected with the proposed Greenway Trail located along the inland border of the railroad tracks. The Planning Board may waive or modify, in whole or in part, this requirement if, in its discretion, the Board deems the requirement harmful to the welfare of potential users or impossible due to land configuration. The Planning Board may, however, modify the width requirement if an integrated plan for development of the site is presented which incorporates a public pedestrian trail/promenade which would be consistent with the intent of the requirement but does not meet the total width requirement.
D. 
An educational exhibit consisting of plaques and memorabilia relating to the history of the site shall be provided by the applicant on the project site if, during the course of the review of the project, the Town determines there are resources on site worthy of public enjoyment. This should include interpretative materials that make a history of the site and the activities of historic importance that have occurred on the site or in the immediate area in order to convey a sense of the richness and complexity of the historic landscape in the Fishkill area.
E. 
Bulk and parking regulations. The following bulk and parking requirements are deemed to be the minimum required within the district, unless otherwise specified.
(1) 
Lot area shall be one acre.
(2) 
Lot width shall be 100 feet, the distance between the side lot lines as measured along a line which is parallel to the railroad right-of-way and at a location which is halfway between the railroad right-of-way and the shoreline.
(3) 
Lot depth shall be measured from the shoreline to the railroad tracks.
(4) 
Setback from the shoreline shall be 100 feet. The minimum setback from the water (shoreline setback) may be decreased by the Planning Board during site plan review, where a lesser setback would maximize views of the waterfront and access into the river, or where the reuse of existing buildings and structures is considered to be consistent with the purpose of this district. The Planning Board may allow restaurant uses within the shoreline setback, provided that the structure's frontage is limited to less than 25% of the shoreline width of the lot on which such use would be located. The shoreline setback shall not apply if the proposed use is water-dependent and requires direct access into the river. In this case, the pedestrian trail/promenade shall not be required to be located within the setback.
(5) 
Building setback from railroad right-of-way shall be 25 feet.
(6) 
Side yard between subdivided lots on a waterfront parcel shall be 15 feet.
(7) 
Waterfront trail shall be 25 feet within the one-hundred-foot setback from the shoreline.
(8) 
Maximum building coverage and paved area shall be 50%.
(9) 
Minimum open space (land) shall be 50%. [See definitions section (§ 150-2) of this chapter.]
(10) 
Parking.
(a) 
See the schedule of off-street parking requirements, § 150-68, for uses other than marina or marine-related uses.
[1] 
For a marina 0.6 spaces per slip/indoor boat storage space/mooring is required in addition to one space per employee.
[2] 
For marine-related uses not otherwise specified, one space per employee plus one space per 150 feet of gross floor area is required.
[3] 
For each boat ramp lane or hoist, a 1.33 acre on-site car-trailer parking lot is required.
(b) 
Parking spaces shall not be located within the shoreline setback except where required for access by a water-dependent use and shall be suitably landscaped to provide an appropriate transition between public areas and parking facilities.
(11) 
Building height shall be 35 feet or 2.5 stories, whichever is greater, except for an indoor boat storage facility, for which the Town Board may increase the permitted height up to 55 feet if determined appropriate based on the design and function of the building.
F. 
For any marina or boat-related use, boat fueling docks, solid waste and pumpout facilities shall be provided on site and be identified on the site plan. The location of such facilities shall be reviewed in accordance with required federal, state and local standards by the Planning Board during the site plan review process. The location of such facilities shall not interfere with traffic flow or constitute a health hazard.
G. 
All special uses for which conformance to the above additional standards is required are considered to be permitted uses in this district, subject to the satisfaction of the requirements as may be specified by the Town Board according to the provisions of Subsection H(1)(a) below, in addition to all other requirements of this chapter.
(1) 
All uses listed in this district are declared to possess such unique, special and individual characteristics that each specific use shall be considered as an individual case.
(2) 
As a condition of approval under this section, an inspection fee in an amount determined necessary to defray the costs of inspection by the Town Engineer, but not in excess of 7% of the estimated cost of constructing all private roads, sidewalks, water supply and all other site improvements, not including building construction, shall be paid to the Town of Fishkill. Such fee shall be used to cover the costs incurred by the Town in conducting inspections of such development as it progresses and upon completion.
H. 
Application for special permits.
(1) 
Application for required special permits in the Hudson River Waterfront Recreation District shall be made to the Zoning Administrator. The Zoning Administrator shall transmit each such application to the Town Board. Within 45 days of the date of the Town Board meeting at which a complete special permit application is received, the Town Board shall hold a public hearing on said application. Within 45 days of the close of the public hearing, the Town Board shall file with the Zoning Administrator a decision on said application. The Town Board shall also file its decision with the Town Clerk and forward a copy of said decision to the applicant and the Planning Board. The time within which the Town Board must render its decision may be extended by mutual consent of the applicant and the Town Board. The Town Board may authorize the issuance of a special permit, provided that it finds that all of the following conditions and standards have been met:
(a) 
The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the Hudson River Waterfront Recreation District.
(b) 
The location, nature, design and height of buildings, walls and fences and the nature and extent of existing or proposed plantings on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(c) 
Operations in connection with any special permit use will not be objectionable to nearby properties by reason of noise, fumes, vibration or other characteristics.
(d) 
Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.
(2) 
A site plan for the proposed development of a lot for any permitted special use shall be submitted with an application for a special permit. The plan shall conform to the requirements of § 150-58 of this chapter.
(3) 
Upon receipt of a completed application for special permit, the Town Board shall forward one copy each to the Planning Board and, where appropriate, to the Town Engineer, the Superintendent of Highways, Town Conservation Board, Dutchess County Soil and Water Conservation District and the Dutchess County Department of Health. In addition, copies shall be forwarded to the Dutchess County Planning Department when such proposed development is within 500 feet of a state or county highway, park, drainage channel or building site as required by the New York State Town Law, and to the Clerk of any abutting municipality where the property proposed for such development is located within 500 feet of such municipality, and the New York State Department of Environmental Conservation and the New York State Department of State, Division of Coastal Resources and Management, which may have jurisdiction, together with a request for review and report by said agency. Each agency may submit a report, including its recommendations, which report, if it is to be considered, should be returned to the Town Board within 30 days of the date that such referral was submitted.
(4) 
The Town Board shall notify by mail all abutting landowners with respect to the application for a special use permit, in writing, in the same manner as set forth in § 150-81 of this chapter.
(5) 
The Town Board shall attach such conditions and safeguards to any approved use and development plan as are, in its opinion, necessary to ensure initial and continual conformance with all applicable standards and requirements.
(6) 
Upon receipt by the Building Inspector of a decision of the Town Board regarding the special use permit and the Planning Board regarding site plan approval, showing that all conditions required prevail, and upon compliance by the applicant with all applicable standards, requirements, conditions, safeguards and ordinances, the applicant shall, upon payment of any fees prescribed therefor, be entitled to a building permit or certificate of occupancy, as the case may be, from the Building Inspector.
I. 
A special use permit shall be deemed to authorize only the particular uses specified in the permit, and unless other provisions are set forth by the Town Board in connection with its issuance of that permit, it shall expire if work is not initiated pursuant thereto within three years or if said use or uses shall cease for more than one year for any reason.
[Added 12-19-1994 by L.L. No. 11-1994]
A. 
Notification of its decision to develop all or some significant portion of the 59.2 acres included within the RMF-5 Overlay District for permissible PI District uses shall be issued by the property owner to the Town Zoning Administrator with such notification accompanied by the following documentation:
(1) 
That the land intended to be developed for permissible PI District uses is itself a contiguous parcel of not less than 15 acres and further lies adjacent to lands zoned Planning Industry.
(2) 
That the described parcel has usable access to Merritt Park's internal road network.
(3) 
That the described parcel complies with the dimensional standards (i.e., minimum lot area, width, depth, etc.) set forth in the Zoning Code for a lot within the Planned Industry (PI) District.
B. 
Following such notification to the Zoning Administrator, subdivision and/or site plan approval applications to the Town Planning Board for development of the described parcel shall be governed by the following standards:
(1) 
The proposed development and use of the land shall comply fully with the use, area and bulk and supplementary standards set forth in the Zoning Code for the Planned Industry (PI) District.
(2) 
The proposed development and use of the land shall incorporate in its planning, design, construction and operational phases all mitigation measures set forth by the Town Board in its Final EIS and Findings Statement (c. 1994) regarding the Merritt Park Realty Development.
C. 
Notwithstanding the presence of the R-MF-5 Overlay District, should the property owner not elect to develop all or some portion of the affected 59.2 acres for PI uses, the lands may be developed in whole or part for uses authorized within the R-MF-5 District subject to applicable Zoning Code standards and those mitigation measures set forth by the Town Board in the above-noted SEQRA documents that provided for an examination of this fifty-nine-acre transitional parcel under both light industrial/business service and residential development scenarios.