[Added 6-7-2008 by L.L. No. 4-2008]
The Hudson River District (HRD) shall be applicable to parcels as are mapped by the Town for such treatment and as are situate within the Town of Fishkill submerged within the Hudson River and which are abutting and/or contiguous with parcels within the City of Beacon's Waterfront Development (WD) Zone.
Town Board special use permit required. A special use permit may be granted, after public hearing by the Town Board, relating to the alteration and/or use of the lands submerged within the Hudson River, including development and/or use of areas above the river where said alteration and/or use is found to be accessory and subordinate to, as well as dependent upon, a larger development project subject to City of Beacon review and approval, and where the owner and/or applicant are the same.
Permitted special permit uses. Permitted principal and accessory uses are intended to be consistent with the permitted principal and accessory uses as allowed in the City of Beacon Waterfront Development (WD) Zone. The uses listed below are consistent with the New York State Coastal Management Program and are allowed in the HRD by special use permit of the Town Board in accordance with the procedures outlined herein. In reviewing special use permit applications, the Town Board shall determine that the use(s) and site development proposed are compatible in terms of location, size, design and function.
Principal permitted uses in the HRD shall include:
Water-oriented and water-dependent facilities and activities, including but not limited to bathing beaches, waterskiing, fishing, sailing, boating, boat clubs, boat-launching facilities, marinas, small boat repair facilities, boat moorage, docks, gangways.
Facilities for water-related cultural and recreational activities, including but not limited to parks, waterfront promenades or boardwalks, public access decks, piers, wharfs.
Maritime centers, museums, art galleries and similar facilities which serve a water-oriented or recreational and educational purpose.
Education and scientific uses related to water or waterfront resources.
Water-enhanced uses, including but not limited to restaurants, seasonal food venues hotels and conference center.
Bulkheads and other engineered structural measures intended to maintain the river shoreline from eroding away and depositing landward sediments into the river.
Accessory permitted uses and structures which are incidental to and customarily associated with the principal use(s) of the premises shall be permitted, including but not limited to the sale of marine equipment or products, dockside facilities, and similar.
Lot and bulk standards. The following lot and bulk standards are deemed to be the minimum required within the HRD, and compliance with said standards may include contiguous lands in the City of Beacon. The Town Board, in its discretion, may waive these lot and bulk standards where a lesser standard would maximize views of the river or provide improved public access to the river:
Minimum lot area shall be one acre.
Minimum lot width shall be 100 feet.
Minimum lot depth shall be 100 feet.
Minimum setback from the shoreline shall be zero.
Maximum building height shall be 45 feet or three stories as measured from the average finished grade surrounding the building.
Maximum building and site coverage shall be 35%.
Off-street parking. All provisions for associated off-street parking and loading shall be provided on the abutting and/or contiguous lands located in the City of Beacon, consistent with the applicable requirements in Beacon.
Boat-related standards. Any marina- or boat-related uses, boat-fueling docks, solid waste and pumpout facilities shall be located and designed consistent with any applicable state or county regulations, and the location of such facilities shall not interfere with Hudson River traffic flow or constitute a health hazard.
Application procedures. The following application review and approval procedures shall be followed:
Application for special permit shall be made to the Town Board. Within 45 days of receipt of a complete application, the Town Board shall hold a public hearing on said application. Within 45 days of the close of the public hearing or the ripening of the conditions identified in Subsection F(2) hereof, whichever is later, the Town Board shall file with the Zoning Administrator/Building Inspector and Town Clerk a decision on said application. 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:
The location and size of the alteration and/or use of the premises, the nature and intensity of the operations involved or conducted in connection with it are such that it will be in harmony with a larger development plan relating to upland areas located in the City of Beacon.
Public access to the river shall be suitably provided.
Operations in connection thereto will not be objectionable to nearby properties by reason of noise, fumes, vibration or other characteristics.
The location and design of the alteration and/or use of the premises shall not interfere with or adversely impact tidal action or the shipping channel of the Hudson River and shall conform with all applicable regulations regarding flooding.
The provisions set forth in Chapters 78 and 82 of the Fishkill Town Code and § 150-21B, § 150-22, § 150-26, § 150-32 and Article XI, Site Development Plan Approval, shall not be applicable, provided that the City of Beacon, the State Department of Environmental Conservation, the Army Corps of Engineers or other governmental entities with jurisdictional authority over comparable issues covered by such provisions of the Fishkill Town Code address such issues in the context of either a favorable SEQRA determination by such agency(ies) assessing lack of significant impact or identifying mitigation of significant impact to the greatest extent practicable, or the issuance of relevant approvals of such agency(ies). Town Board determination of special permit may await the ripening of these conditions for exemption of the local regulation; absent the ripening of these conditions, the local regulations shall apply.
Upon receipt of a complete application for special permit, the Town Board shall forward one copy each, where deemed appropriate to the Planning Board, Town Engineer, Town Conservation Board, Town Attorney, Town Planning Consultant, Dutchess County Health Department, Dutchess County Planning Department, New York State Department of Environmental Conservation, and New York State Department of State (Division of Coastal Resources and Management), together with a request for review and report by said agency. A copy shall also be forwarded to the Town Clerk of any abutting municipality within 500 feet of the subject premises. 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.
The Town Board shall notify by mail all abutting landowners with respect to the application for a special permit, in writing, in the same manner as set forth in § 150-81 of this chapter.
The Town Board may attach such condition and safeguards to any approved special permit which, in its opinion, are necessary to ensure initial and continual conformance with all applicable standards and requirements.
Application requirements. An application for issuance of a Town Board special permit for alteration and/or use of Hudson River District lands include the following:
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 professional 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 of the affected property.
A written statement describing the nature of the proposal and how it is consistent with the special permit standards and requirements as set forth in this section.
Proposed development plans drawn at a scale not smaller than one inch equals 50 feet. Said plans shall be consistent with those submitted to the City of Beacon for review and approval, and shall show the interrelationship and connection of the proposed alteration and/or use of the premise in the Town of Fishkill with that existing and proposed in the City of Beacon for the larger development project. All alterations and/or use improvements to occur in the portion within the Town of Fishkill shall be suitably detailed to the satisfaction of the Town Board.
A full environmental assessment form and/or environmental impact statement.
Such other additional information as deemed necessary by the Town Board to properly study and evaluate the application.