Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
A. 
Legislative intent. 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.
B. 
Town Board special permit use required. A special permit use 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.
C. 
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 in § 150-48A are consistent with the New York State Coastal Management Program and are allowed in the HRD by special permit use of the Town Board in accordance with the procedures outlined herein. In reviewing special permit use applications, the Town Board shall determine that the use(s) and site development proposed are compatible in terms of location, size, design and function.
D. 
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.
E. 
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.
F. 
Application procedures. The following application review and approval procedures shall be followed:
(1) 
Application for special permit shall be made to the Town Board in accordance with Article XI of this chapter and shall also be subject to the following additional special requirements:
(a) 
Public access to the river shall be suitably provided.
(b) 
Operations in connection thereto will not be objectionable to nearby properties by reason of noise, fumes, vibration or other characteristics.
(c) 
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.
(2) 
The provisions set forth in Chapters 78 and 82 of the Fishkill Town Code and §§ 150-91, 150-92, 150-44, 150-36 and Article X, 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.
(3) 
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.