Town of Fishkill, NY
Dutchess County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Amended 9-6-1988 by L.L. No. 15-1988]
No building permit shall be issued and no structure or use shall be established, other than one one-family dwelling and accessory uses thereto, or a special permit approved in accordance with the procedure specified in Article VIII of this chapter, except in conformity with a site plan approved by the Planning Board, and no certificate of occupancy for such structure or use shall be issued until the Zoning Administrator is satisfied that all applicable requirements and accessory uses thereto have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approved plan and conditions. Revisions of such plans shall be subject to the same approval procedure.
[Amended 9-6-1988 by L.L. No. 15-1988; 7-17-2002 by L.L. No. 8-2002; 11-10-2007 by L.L. No. 9-2007; 5-23-2014 by L.L. No. 3-2014]
An application for a building permit for a use requiring site development plan approval shall be made to the Zoning Administrator and shall be accompanied by a detailed development plan which shall contain the following information: a map or maps of existing conditions and proposed physical changes, showing the applicant's entire property and adjacent properties and streets within 500 feet of the applicant's property, at a convenient scale; the proposed location, use and design of all buildings and structures; any proposed division of buildings into units of separate occupancy; existing topography and proposed grade elevations; the location for the placement of any construction trailer and any screening of same; location of all parking and truck loading areas, with access and egress drives thereto; location of any outdoor storage; location of all existing and proposed site improvements, including drains, culverts, retaining walls and fences; description of method of water supply and sewage disposal and location of such facilities; location and size of all signs; location and design of lighting, power and communication facilities; location of existing specimen vegetation and proposed landscaping; and any other pertinent information as may be necessary to determine and provide for the proper enforcement of this chapter. In addition, the application shall be accompanied by a stormwater pollution prevention plan consistent with the requirements of Town of Fishkill Town Code Chapter 130. The SWPPP shall meet the performance and design criteria and standards in Chapter 130, Article V. The approved site development plan shall be consistent with the provisions of Chapter 130. Any application for final approval for a property connected to the municipal sewer system shall include a fully executed current certificate of sewer compliance.
[Amended 9-6-1983 by L.L. No. 4-1983]
A. 
Preliminary application procedure. Each application requiring site development plan approval, together with the required information described in § 150-58, and an application review fee as determined by the Planning Board to be conforming to the Town of Fishkill Schedule of Fees, shall be considered preliminary and shall be referred to the Planning Board by the Zoning Administrator within five days of the date of the application along with his comments regarding completeness of the application and other factors deemed appropriate. The Planning Board shall process the application and review the site plan in a manner and procedure similar to its authorized processing and review of subdivisions. Within 45 days of receipt of the completed preliminary application and all accompanying material, the Planning Board shall hold a public hearing in conformance with the requirements of § 114-2 of the Town of Fishkill Code. Notice of such public hearing shall be posted, published and mailed as required by § 114-2 not less than 10 business days before said hearing is held. The applicant and/or his representative must attend the public hearing. Within 45 days after the close of the public hearing, the Planning Board shall forward its findings to the applicant and the Zoning Administrator. The Zoning Administrator shall also notify the applicant whether the preliminary application has been approved, disapproved or approved with modifications. Within seven days the Planning Board shall also file a copy of its findings in the office of the Town Clerk. The Planning Board's findings regarding a preliminary application shall expire six months from the date of approval if no application for final approval is submitted within such period, except where such time limit is extended by mutual consent of the applicant and the Planning Board.
[Amended 9-6-1988 by L.L. No. 15-1988; 4-15-2015 by L.L. No. 1-2015]
B. 
Final application procedure. Application for final approval shall follow the same procedures as outlined in § 150-58 and this section, except that the Planning Board may waive a second public hearing if a hearing was held at the preliminary stage and may waive other procedural matters and requirements which it deems unnecessary at this stage. In any event, the notification procedure outlined in this section for preliminary application shall be followed by the Planning Board for final site plan approval, approval with modifications or disapproval, along with reasons therefor.
[Amended 10-7-1991 by L.L. No. 8-1991]
C. 
Inspection fee. As a condition of approval under this article 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, water supply, sewerage and storm drainage systems, grading, landscaping and all other site improvements, not including building construction, 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 development as it progresses, and upon completion.
[Added 9-6-1988 by L.L. No. 15-1988]
D. 
Any final site plan approval granted by the Planning Board shall lapse should a request for a building permit not be made by the applicant or successors in interest of the applicant within one year of the date of the Planning Board's final site development plan approval. However, for all final site development plan approvals issued by the Planning Board after January 1, 1988, it shall be authorized, upon application by the applicant or successors in interest of the applicant, to vary the effect of the one-year lapsing provision for good cause shown. All such applications shall be referred, in writing, by the Planning Board to the Town Board for its review and recommendations, based upon the following factors: the extent to which the applicant or the applicant's successors in interest have contributed, are committed to contribute or propose to contribute financially to the public water, sewer, drainage or other infrastructure improvements of the Town of Fishkill, to the benefit of the public at large; the extent to which reapplication for the renewed site development plan approval would constitute an undue and unnecessary burden upon the public boards, officers and employees of the Town of Fishkill; and the extent to which the applicant or the applicant's successors in interest possess the means and abilities to follow through with development of the approved final site plan within a reasonable time. The Planning Board shall give significant weight to the recommended findings of the Town Board, most particularly where the applicant or the applicant's successors in interest fulfill the infrastructure contribution standards set forth hereinabove. In no event shall the Planning Board, either retrospectively or prospectively, extend the time of an applicant or the applicant's successors in interest for filing of a request for a building permit beyond three years of the date of the final site development plan approval.
[Added 10-7-1991 by L.L. No. 8-1991]
In acting on any proposed site plan of development, the Planning Board shall take into consideration the requirements of the Town Development Plan adopted by said Board and the Official Map as it may be adopted by the Town Board. The Planning Board shall also consider the proposed location of main and accessory buildings on the site and their relation to one another, traffic circulation within the site, height and bulk of buildings, provision of off-street parking space, provision of buffer areas and other open spaces on the site and display of signs, so that any development will adequately handle pedestrian and vehicular traffic within the site in relation to the street system adjoining and will harmoniously and satisfactorily fit in with contiguous land and buildings and adjacent neighborhoods. In addition, the Planning Board shall consider the factors of architectural design as it relates to the character of the site and the community, existing and proposed landscaping plans, drainage, road alignment, sewage and waste disposal, air and water pollution and other environmental, aesthetic and engineering aspects of such site plan. The Planning Board may require the review of such factors by authorities appointed by the Town and at the cost of the applicant or developer, and the Planning Board may establish additional requirements based upon this review.
A. 
Two-family and multifamily dwellings. All two-family and multifamily dwellings shall be subject to site plan approval in accordance with §§ 150-57 through 150-60 of this chapter and such dwellings, unless as part of a designed multiple-use development, shall also be subject to the following special requirements:
[Amended 9-6-1988 by L.L. No. 15-1988]
(1) 
Minimum site area. The lot upon which such dwelling units shall be constructed shall have an area of not less than 15 acres if in the RMF-3 District and 10 acres if in the RMF-5 District, except as set forth in Subsection F regarding congregate care facilities.
[Amended 8-17-1995 by L.L. No. 4-1995]
(2) 
Water and sewerage facilities.
(a) 
Where, in the opinion of the Planning Board, connections to existing facilities are possible and warranted, sanitary sewer and/or water mains shall be connected to such existing facilities in the manner prescribed by regulation of the appropriate sewer, water, fire district or other agency having jurisdiction.
(b) 
Where connection to existing off-site water or sewerage facilities is not possible or not warranted, a central water supply and sewage treatment system shall be designed and constructed to serve all dwelling units in accordance with the standards and subject to the approval of the Dutchess County Department of Health and the appropriate state and federal agencies.
(c) 
Where future service by off-site water and/or sewerage systems is planned, all on-site water and sewer facilities shall be designed and located in such a way as to readily permit their connection and/or conversion to the off-site systems at such time as they are constructed.
(3) 
Open space and recreation area. At least 50% of the gross area of the site shall be preserved as permanent open space, free of buildings and parking areas, and shall be landscaped or left in its natural state in accordance with plans approved by the Planning Board. Within such common open space areas, a total of not less than 100 square feet per density unit shall be improved with common recreational facilities, such as swimming pools, tennis, basketball, volleyball and shuffleboard courts, playground equipment, etc., for the use of the residents of the premises and their guests, which facilities shall not be operated for profit. Open space and recreation areas shall have minimum dimensions of 40 feet in length and width in order to qualify for the 50% requirement contained in this section.
(4) 
Required parking.
(a) 
Parking spaces shall be provided in number and design according to the provisions of Article XIII of this chapter.
(b) 
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]
(c) 
Of the total required number of parking spaces, at least 1/2 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 2-6-1989 by L.L. No. 2-1989]
(5) 
Yards and setbacks.
(a) 
All two-family and multifamily dwellings shall conform to the minimum yard requirements specified in § 150-33A of this chapter along the perimeter of the overall lot, as well as to the following setback requirements internal to the overall lot:
[1] 
Minimum setback from front of dwelling to:
[a] 
Rear of another dwelling: 150 feet.
[b] 
Front or side of another dwelling: 50 feet.
[c] 
Roadway: 40 feet.
[d] 
Parking area (other than a driveway): 25 feet.
[2] 
Minimum setback from side of dwelling to:
[Amended 2-6-1989 by L.L. No. 2-1989]
[a] 
Rear or side of another dwelling: 50 feet.
[b] 
Roadway or parking area (other than a driveway): 25 feet.
[3] 
Minimum setback from rear of dwelling to:
[a] 
Rear of another dwelling: 50 feet.
[b] 
Roadway: 50 feet.
[c] 
Parking area (other than a driveway): 30 feet.
(b) 
The provisions regarding projections from buildings or structures into required yards in § 150-27B of this chapter shall apply to the minimum required setbacks specified above. In a situation which does not fall precisely within the above specified setback categories or where there is the need for interpretations regarding such categories, the Planning Board shall establish an appropriate setback and/or make such interpretation during site development plan review.
(c) 
With regard to the above-stated setback requirement between the front of a dwelling and the rear of another dwelling, this front/rear relationship shall be discouraged by the Planning Board and shall only be permitted by such Board when topography and/or screening will sufficiently mitigate the effects of this relationship.
(6) 
Maximum size of buildings.
[Amended 2-6-1989 by L.L. No. 2-1989; 4-18-2007 by L.L. No. 2-2007; 9-4-2013 by L.L. No. 5-2013]
(a) 
The maximum number of dwelling units at ground level in any building shall be four, except that the Planning Board, as part of site plan approval, may waive such limitation on the maximum number of dwelling units up to a maximum of eight. Further, the average number of dwelling units at ground level per building in any project shall not exceed six. The requirements of this section shall not apply to buildings in a Senior Citizen Housing District.
(b) 
The maximum length of any building shall be 120 feet except that the Planning Board, as part of site plan approval, may waive this limitation on maximum building length to achieve the objectives set forth within this section.
(c) 
The authority of the Planning Board provided for in § 150-61A(6)(a) and § 150-61A(6)(b) to allow up to a maximum of eight dwelling units and to fix the maximum length of buildings at greater than 160 feet shall be exercised in order to achieve the following objectives:
[1] 
Superior quality of building design and architecture so as to reduce the apparent scale of buildings, reduce the perceived massing of buildings, break up the visual massing of building facades, and create visually engaging buildings by use of varying building setbacks, variety in building orientation, variation of articulation in wall planes, variation of rooflines and building form and other architectural details, including, but not limited to, window patterns, roof overhangs, awnings, moldings, features and colors.
[2] 
Superior quality of building design and architecture so as to ensure that projects are compatible with their surroundings, including the surrounding neighborhood, and make best use the topography and nature of the property to result in a high-quality residential environment.
[3] 
Superior quality of design with regard to the relationship between buildings and/or the relationship between buildings and other site elements.
[4] 
The creation and preservation of significant amounts of open space.
[5] 
The creation of effective access and flow with regard to pedestrian traffic within the site.
(7) 
The Planning Board, as part of site development plan approval, may modify the setback requirements in § 150-61A(5) of this chapter, provided that it has been expressly demonstrated to the Planning Board that such modification clearly fulfills the following objectives, as deemed appropriate by the Planning Board:
[Amended 2-6-1989 by L.L. No. 2-1989]
(a) 
The creation and preservation of significant amounts of open space.
(b) 
Superior quality of design with regard to the relationship between buildings and/or the relationship between buildings and other site elements.
(c) 
The incorporation of safe and convenient normal vehicular access, as well as sufficient access for emergency vehicles and firefighting apparatus.
(d) 
The design of relationships between buildings which meet firesafety standards other than those in § 150-61A(7)(c) above.
(8) 
Subdivision. Following site development plan approval of two-family or multifamily uses in a Multifamily Residence District, the overall site may not be subdivided into lots which may or may not be smaller than the minimum lot size specified elsewhere in this chapter, provided that:
[Added 11-6-1989 by L.L. No. 6-1989]
(a) 
The purpose of such subdivision shall be to facilitate the sale of dwelling units on individual lots or to facilitate the development of the site with two or more condominium or property owner associations or to facilitate financing or construction in appropriate phases. The configuration of lots shall be consistent with the intent of the approved site development plan.
(b) 
The approval of any such subdivision shall not constitute an amendment to or be contrary to the approved site development plan with respect to the physical layout of the site or other aspects of construction. Further, no development within any of the approved lots shall be permitted except as shown on the approved site development plan, as such plan may thereafter be amended.
(c) 
The subdivision may establish separate lots for each of the dwelling units shown on the approved site development plan or separate lots for clusters of such dwelling units and may establish one or more separate lots encompassing open space or other common facilities shown on the approved site development plan, without regard to the lot size, yard, height and coverage requirements specified in § 150-33A of this chapter. However, all such requirements in § 150-33A shall apply to the overall site.
(d) 
Provisions satisfactory to the Planning Board shall be made with respect to the ownership, use, preservation, maintenance and operation of all open space, roadways and other common facilities on the overall site. Responsibility for all private common facilities shall be lodged with one or more condominiums, property owner associations or similar entities, which shall be empowered to levy assessment against property owners to defray the cost of preservation, maintenance and operation and to acquire liens, where necessary, against property owners for unpaid charges or assessments. The Planning Board may require the establishment of a single umbrella entity for the overall site if there are open spaces, roadways or other common facilities that are intended for the shared use of the entire site. If the Planning Board determines that such shared facilities are not significant or that an umbrella entity is not required for proper administration, the Planning Board may instead make appropriate requirements, in the form of easements or otherwise, to ensure proper administration.
(e) 
Lots containing one or more dwelling units shall not be required to have frontage on a public street, provided that appropriate easements are provided, to the satisfaction of the Planning Board, for access between such lots and public streets over common internal roadways and driveways to be constructed in accordance with the approved site development plan. For such purposes, all sites in Multifamily Residence Districts shall be considered to be open development areas in accordance with the Town Law (Subdivision 4 of § 280-a, Article 16, Chapter 62, of the Consolidated Laws of New York).
(f) 
Appropriate cross easements shall also be provided, to the satisfaction of the Planning Board, to allow the use and enjoyment of common off-street parking spaces, other than those exclusively serving respective dwelling units, and the use and enjoyment of other common facilities in accordance with the approved site development plan.
(g) 
The Planning Board may consider an application for the subdivision of a site, in accordance with this section, concurrently with the application for site development plan approval for the overall site.
(9) 
Permitted accessory uses. Permitted accessory uses shall be as follows:
[Added 2-5-1990 by L.L. No. 1-1990; amended 7-17-2002 by L.L. No. 8-2002; 10-19-2005 by L.L. No. 12-2005]
(a) 
Subject to site plan approval of the Planning Board, buildings and related site development devoted to suitable, integrated, compatible with families with young children, proportional, and neighborhood-scaled retail business, personal service establishment or office uses not cumulatively to exceed for the RMF-3 District, 1% of permitted floor space of the residential development or 15,000 square feet whichever is less, or for the RMF-5 District, 1.5% of permitted floor space of the residential development or 25,000 square feet whichever is less. Illustratively, gasoline filling stations, fast-food establishments, adult use establishments, bars, and similar nonresidential uses are unsuitable. The Planning Board shall evaluate and approve each specific nonresidential establishment's occupancy proposed either during or after the issuance of site plan approval in order to assure continuing adherence to the approval as issued, or any and all conditions attached to the approval of such mixed-use development. The following additional and nonexclusive standards are relevant:
[1] 
The accessory nonresidential development should be located and integrated within a common area of the project, but this shall not foreclose the potential for a mixture of residential and nonresidential space in the same buildings located within the common area;
[2] 
A mix of smaller traditional neighborhood nonresidential uses is preferred to fewer and larger establishments;
[3] 
Maximum building length standards may be modified by the Planning Board to accommodate sound integration of traditional neighborhood establishments as envisioned by this subsection, or to accommodate the mixture of residential units within the buildings proposed to house such nonresidential establishments;
[4] 
There shall be no outdoor display or sales activities, with the exception of unobtrusive outdoor dining opportunities approved by the Planning Board.
[5] 
Suitable hours of operation shall be established by the Planning Board, keeping in mind the accessory and exceptional nature of nonresidential uses within a multifamily residential development;
[6] 
No drive-through or drive-up facilities shall be allowed;
[7] 
All related site development shall promote a pedestrian and bicyclist accommodating environment;
[8] 
Nonresidential parking requirements shall apply to the space approved for the accessory nonresidential uses, although the Planning Board may waive and vary those parking requirements, or allow the sharing of identified parking areas or opportunities by both residential and nonresidential users, particularly if such site development may yield additional and usable green areas;
[9] 
All signage shall be approved by the Planning Board in accordance with the standards established in this chapter, or such more stringent standards or designs as better promote a traditional neighborhood appearance;
[10] 
Accessory nonresidential use areas shall be characterized by building character, related site improvements, including lighting, landscaping and other visible features, which blend harmoniously with the principal residential buildings and site development; to that end, standardized modern building forms, architectural elements, design features, or signage which project the appearance of, are visually synonymous with, or call the objective observer's mind to franchise or chain store establishments shall not be employed;
[11] 
Imposition of fixed schedules for cleaning of nonresidential premises and related site development, emptying of trash receptacles (which should generally be screened), policing premises for litter removal, and similar upkeep should be considered by the Planning Board; and
[12] 
Strict controls on noise generation, such as commercial background music, or amplified verbal announcements or messages, should be considered.
(b) 
Subject to site plan approval of the Planning Board, storage and maintenance structures and areas for materials and equipment for the proper upkeep of the residential development and utility buildings and facilities that service the residential development.
(10) 
The Planning Board may, if the height modification meets the standards of § 150-61A(7)(a), (b) and (c) above, permit buildings three stories in height in those R-MF-5 Districts or portions of districts which are served by fire department ladder companies.
[Added 9-17-2002 by L.L. No. 11-2002]
B. 
Local Historic Center Distract. In a Local Historic Center District, in order to preserve the existing architecture and historic buildings and the character of the area, to permit an appropriate and economically sound form of development and in order to provide a transitional use between businesses and adjoining residential areas, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except as permitted in § 150-33B of this chapter, and all such used shall be subject to site plan approval requirements of this article and the following special requirements:
(1) 
Criteria for site plan approvals. In considering applications within the LHC District, the Planning Board shall evaluate any proposal to construct or alter any structure or building, taking into consideration the outside dimension, the front facade and the appearance thereof, the visual relationship between the property in question and existing structures and the character of the district as regards: architectural style (particularly in relation to properties which are within view of such structures of historic significance or of meritorious architectural quality), heights and sizes of buildings and the location and arrangement thereof, including such matters as setbacks, materials, line, color and detail, in order to ensure that all new construction and exterior alterations will result in a visual composition which will be in harmony with the character of the district.
(2) 
Nonhistoric structures. For purposes of this section, the Town Board may designate which structures are not preserved historical structures.
(3) 
Hours of operation. The Planning Board may limit the hours of operation of any permitted commercial use in acting on any site plan.
C. 
Restricted Business, Planned Business and General Business Districts. In an RB, PB or GB District, all uses shall be subject to site plan approval in accordance with §§ 150-57 through 150-60 of this chapter, and the provisions of Subsection D of this section shall apply to the extent that the Planning Board deems them necessary, appropriate and/or applicable.
D. 
Planned Shopping Center District. In accordance with the Town Law (Subdivision 4 of § 280-a, Article 16, Chapter 62, of the Consolidated Laws of New York), Planned Shopping Center District sites shall be considered as open development areas subject to the standards set forth herein. Standards as referred to in § 150-33B shall apply to the overall site area, whether or not the same is or will continue to be under one ownership, so long as all of such land is contiguous, with the exception of any streets or driveways separating any part of such land from any other part. Subsequent to site plan approval by the Planning Board of the overall site area, owners may subdivide the site forming lots and/or buildings, provided that sufficient parking in accordance with Article XIII of this chapter is included on the lot or is made available to support the use on the lot in a manner satisfactory to the Planning Board, and that no development within such lots will be permitted except as shown on the approved site plan submission without further Planning Board approval. Provisions satisfactory to the Planning Board for maintenance of all elements of the site plan shall also be a prerequisite for subdivision of the overall site area. To the extent that the provisions of this subsection conflict with the provisions of §§ 150-19, Building lots, through 150-25, Modification of lot requirements, the provisions of this subsection shall be controlling.
(1) 
Additional criteria for site plan approval. In its site plan review procedure, the Planning Board shall consider the impact and impression which this regional facility may have upon the public and shall pay particular attention to overall aesthetics and function of the site, including landscaping, traffic safety and utilities, as reflected by but not limited to the following:
(a) 
All utilities on and within the overall site shall be provided underground.
(b) 
Facilities for vehicular movement shall be arranged to provide safe movement within the site and minimize the impact upon local and highway traffic.
(c) 
Water reservoirs for consumption and fire protection, automatic sprinkler systems and fire department connections approved by a nationally recognized fire rating organization.
(d) 
Control of stormwater drainage within the site and into adjacent streams and natural drainageways.
(2) 
Maximum building height. In a Planned Shopping Center District, any building to be used primarily for business, hotels, multifamily dwellings or professional offices may be 70 feet in height, with multifamily dwellings limited to four stories. Any structured parking beneath a building shall not be counted as a story.
[Amended 5-19-1986 by L.L. No. 2-1986; 9-21-1987 by L.L. No. 8-1987; 10-14-2009 by L.L. No. 4-2009]
(3) 
Maximum building coverage. Any covered, enclosed and temperature-controlled structure or portions thereof to be devoted to pedestrian malls, courts, walkways, rest areas or other invitees and any structures or buildings devoted wholly to parking, not exceeding three levels, shall not be considered as buildings for the purpose of determining maximum building coverage.
(4) 
Off-street parking and loading. Where parking is located between a major building and a road or driveway, the distance between the building and the road or driveway shall be at least 75 feet. In further subdivision of a Planned Shopping Center District site into lots, as permitted in this Subsection D, the Planning Board shall apply the parking and loading standards of Article XIII, except that in a PSC District, adequate off-street loading and unloading facilities located on the same site as the use to be served shall be provided. The Planning Board shall consider all factors entering into the loading and unloading needs of each such use. No such loading or unloading of merchandise shall be done on or from a public street. For the purposes of eliminating traffic congestion and enhancing safety, efficient goods movement and aesthetics, the Planning Board may require all off-street loading and unloading facilities, including access thereto, to be located at the lowest level of the use to be served. The Planning Board, at its discretion, may increase the total building coverage if parking or loading space is incorporated within a building. In no case shall the total building coverage exceed 40% of the total site, or the total building coverage and outdoor parking area exceed 70% of the total site.
[Amended 10-14-2009 by L.L. No. 4-2009]
(a) 
In a mixed-use development which incorporates multifamily residential uses and a commercial development of a PSC site, the Planning Board shall have the discretion to waive these parking and loading and other standards, those set forth in Article XIII of Chapter 150, and otherwise permit multifamily uses to be parked at a ratio of 1.5 spaces per unit and other commercial uses at four spaces per 1,000 square feet of rentable floor area, provided the Planning Board finds, in granting any such waivers, that:
[1] 
Such on-site parking and loading will meet the requirements of all uses on the PSC site and be safe and adequate as referenced by the National Parking Association or other such relevant standards; and
[2] 
Such waivers will facilitate the construction of less impervious surfaces and otherwise permit the incorporation of additional landscaping into parking islands associated with the development.
(b) 
Land banking of spaces as otherwise specified in § 150-67F shall not be required (nor precluded as an option) as part of any waiver granted by the Planning Board.
(5) 
Conveyance of land for governmental purposes. Notwithstanding the standards as referred to in § 150-33B, if, in conjunction with or subsequent to site plan approval by the Planning Board of the overall site area, a portion of a site is conveyed to a governmental entity for a governmental, community or public purpose, use or improvement, the maximum floor area ratio permitted for the portion of the site remaining after such conveyance shall be calculated on the basis of the overall site area existing prior to such conveyance, without subtraction of the area conveyed to the governmental entity.
[Added 5-19-1986 by L.L. No. 2-1986]
(6) 
Multifamily dwellings are permitted as part of a mix of uses on any portion of a lot or building in the PSC Zoning District and, in lieu of the requirements of § 150-61A and in addition to the other requirements of this Subsection D, shall be subject to the following requirements:
[Added 10-14-2009 by L.L. No. 4-2009]
(a) 
Lot requirements. A lot proposed for a mixed-use development including multifamily dwellings shall at the time of application be in excess of 30 acres, which lot may be subdivided as part of any site plan approval by the Planning Board as otherwise specified in § 150-61D, subject to the requirements of § 150-61A(8)(a) through (g).
(b) 
Multifamily site size. No more than 25% of the acreage making up the overall site area of a site in the PSC District shall be devoted to solely multifamily residential use.
(c) 
Density. As part of a mixed-use development, the gross floor area of all multifamily dwellings shall be included in the overall floor area ratio for the specific PSC site, with the exception of any enclosed parking, mechanical spaces, upper-floor loft space associated with a residential unit, or residential common areas, all of which shall be excluded from the calculation of gross floor area for purposes of the permitted floor area ratio on a PSC site that incorporates multifamily dwellings. For purposes of calculating density and multifamily gross floor area, each one-bedroom unit shall equal 1,000 square feet, each two-bedroom unit shall equal 1,500 square feet, and each three-bedroom unit shall equal 1,800 square feet.
(d) 
Affordable units. As part of a mixed-use development, 10% of all multifamily units shall be affordable housing, as that term is defined in § 150-50.4B. A bonus/credit of gross floor area for uses on the portion of the PSC site on which the affordable units are situated shall be applied which equals the number of affordable units multiplied by the average gross floor area of all multifamily dwelling units in the project, which gross floor area bonus/credit may be applied to any use, residential or commercial, as allowed in the PSC Zone. As an example, if 200 multifamily two-bedroom units are proposed as part of a mixed-use development, 20 multifamily units shall be affordable housing and a bonus/credit of 20 additional market-rate units or 30,000 square feet of commercial gross floor area shall be allowed as part of additional mixed-use or commercial development on the PSC site. To the extent relevant, §§ 150-50.4 and 150-50.3 of this chapter are hereby incorporated by reference and govern development of affordable units as part of a mixed-use development in the PSC Zone.
(e) 
Open space and recreation. A total of not less than 100 square feet per density unit shall be improved with common recreational facilities, such as clubhouses, swimming pools, parks and other areas for the use of residents of the multifamily dwelling units and their guests, which facilities shall not be operated for profit. Open space requirements shall be those as specified for the PSC site as a whole, and any recreation space that is otherwise not impervious and for use by residents may be counted towards the open space requirements for the PSC site as a whole.
(f) 
Parking. Two spaces per dwelling unit shall be provided, and private garages, if provided, shall count as 0.50 space. Guest and visitor parking shall also be provided at 0.50 space per dwelling unit. Waivers and shared parking arrangements shall be authorized and are permitted subject to the findings required in § 150-61D(4).
(g) 
Yards and setbacks.
[1] 
Minimum setbacks:
[a] 
Front and rear of dwelling to parking (other than driveway): 20 feet.
[b] 
Side of dwelling to rear or side of other dwelling: 15 feet.
[c] 
Side of dwelling to internal roadway or parking of dwelling: 20 feet.
[d] 
Front of dwelling to rear of other dwelling: 50 feet.
[e] 
Front of dwelling to front or side of other dwelling: 25 feet.
[f] 
Front of dwelling to internal roadway: 25 feet.
[g] 
Rear of dwelling to rear of other dwelling: 30 feet.
[h] 
Rear of dwelling to internal roadway: 20 feet.
[2] 
Interpretations. In a situation which does not fall precisely within the above-specified setback categories, or where there is a need for interpretations regarding such categories, the Planning Board shall establish an appropriate setback and/or make such interpretation during site development plan review.
[3] 
Waivers. The Planning Board, as part of site development plan approval, may modify the setback requirements, provided that it has been expressly demonstrated to the Planning Board that such modification clearly fulfills the objectives set forth in Subsection D(6)(h).
(h) 
Neighborhood scale. As part of a mixed-use development which includes multifamily residential dwellings, the Planning Board shall, as additional site plan criteria, find that the site plan:
[1] 
Incorporates vehicle and pedestrian circulation patterns internal to the site which provide for safe and efficient traffic flows among the mixed uses on the site and encourage pedestrian interconnections between multifamily residential and commercial uses;
[2] 
Provides site and building layouts where multifamily residential buildings that are adjacent to commercial buildings, or where residential units that are located above commercial uses, relate to one another in architectural style and form such that the buildings are not excessively similar or dissimilar and incorporates multifamily buildings with architectural styles, exterior materials, finishes and colors that provide an overall site vernacular that serves to address the mass and scale of such buildings in relation to surrounding uses and public streets;
[3] 
Incorporates site and building layouts, separations, designs, or other site plan improvements which serve to minimize the potential for noise, odors, and/or other potential effects normally attendant with commercial uses, as related to the multifamily residential dwellings within the PSC site;
[4] 
Incorporates either a transitional area on the PSC site with ground-floor service-related retail uses located between multifamily uses and other commercial development on the PSC site or, in the event no such transitional area is incorporated into the site plan, provides for neighborhood-scaled retail business or personal service establishments internal and interspersed within the area of the site devoted to multifamily residential development. In order to encourage the development of neighborhood-scaled retail business and personal service establishments within the multifamily portion of a mixed-use development, up to 25,000 square feet of such accessory nonresidential gross floor area shall be permitted as additional density beyond that otherwise permitted on the PSC site as a whole. The following additional standards shall only apply to any neighborhood-scaled retail and personal service establishments that may be incorporated into the residential component of a mixed-use development:
[a] 
The accessory neighborhood-scaled nonresidential uses should be located and integrated within a common area of the residential portion of a mixed-use development, but this shall not foreclose the potential for a mixture of residential and nonresidential space in the same buildings located within the common area of the residential portion of a mixed-use development;
[b] 
A mix of smaller traditional neighborhood nonresidential uses is preferred to fewer and larger establishments as part of any neighborhood-scaled retail development;
[c] 
There shall be no outdoor display or sales activities as part of any neighborhood-scaled retail, with the exception of unobtrusive outdoor dining opportunities approved by the Planning Board;
[d] 
Suitable hours of operation shall be established by the Planning Board, keeping in mind the accessory nature of the nonresidential uses located solely within the multifamily residential component of a mixed-use development;
[e] 
No drive-through or drive-up facilities shall be permitted as part of any neighborhood-scaled retail located within the residential component of a mixed-use development;
[f] 
All related site development as part of any neighborhood-scaled retail located within the residential component of a mixed-use development shall promote a pedestrian-accommodating environment;
[g] 
All signage as part of any neighborhood-scaled retail shall promote a traditional neighborhood appearance;
[h] 
All accessory neighborhood-scale retail shall be characterized by building site improvements, including lighting, landscaping and other visible features, which blend harmoniously with the principal residential buildings and site development;
[i] 
Imposition of fixed schedules for cleaning of nonresidential premises and related site improvements, emptying of trash receptacles (which should generally be screened), policing premises for litter removal, and similar upkeep should be considered by the Planning Board; and
[j] 
Strict controls on noise generation, such as commercial background music, or amplified verbal announcements or messages should be considered.
E. 
To offset the costs incurred by the Town in making drainage improvements resulting from development taking place within the Town, all applicants for approval of site development plans involving the construction of any buildings, streets or other improvements shall be required to submit a downstream drainage improvements fee, payable to the Town of Fishkill, in accordance with the current Fee Schedule.
[Added 3-21-1988 by L.L. No. 5-1988]
F. 
Congregate care facilities. The establishment of a congregate care facility in the RMF-5 and RB Zoning Districts shall be subject to the bulk requirements of those districts and shall be subject to site plan approval in accordance with §§ 150-57 through 150-60 and 150-61E and F of this chapter and the following additional requirements:
[Added 8-17-1995 by L.L. No. 4-1995; amended 5-17-2017 by L.L. No. 6-2017]
(1) 
The development site shall be a minimum of 10 contiguous acres in the RMF-5 Zoning District and five contiguous acres in the RB Zoning District, with not more than 25% of the required minimum acreage designated as wetlands, under water or subject to periodic flooding.
(2) 
The development site shall be provided with adequate central water supply and common sewage disposal facilities in accordance with the requirements of the Town of Fishkill, the Dutchess County Department of Health and the New York State Department of Environmental Conservation.
(3) 
The maximum density shall not exceed 20 bedrooms per gross acre of the project site.
(4) 
On-site core services and facilities may include, but are neither required to include nor limited to, the following:
(a) 
Community room;
(b) 
Recreational opportunities;
(c) 
Property maintenance and security;
(d) 
Services to deal with social service and related needs;
(e) 
Established protocols for dealing with emergencies and obtaining medical care;
(f) 
Laundry service; and
(g) 
Periodic heavy housecleaning.
(5) 
The facility shall be in full compliance with the New York State Uniform Fire Prevention and Building Code, the Americans with Disabilities Act and other pertinent codes, rules and regulations that may be imposed by applicable local, county and state regulatory or permitting agency.
(6) 
The development shall be effectively screened and buffered from adjoining residential use through use of natural or new vegetation building scale and design and building location subject to approval of the planning board. Effective screening or buffering shall mean that the new development shall appear to be at a scale similar to adjoining residential uses and shall consist of a minimum of 25 feet to 30 feet of a mix of coniferous and deciduous trees.
(7) 
Off-street parking in accordance with Article XIII and § 150-68B shall be sufficient to assure that no vehicles shall be parked in access drives or adjoining roads. There shall be no parked cars permitted in any drive utilized for emergency access.
(8) 
Access must be via a major or through road as defined in Chapter A155, Highway Specifications, Article III, Classification of Roads.