The Hudson River Waterfront Recreation District (HRWRD) is applicable
to parcels within the Town of Fishkill which have waterfront frontage
or direct shoreline access to the Hudson River.
A.
Legislative intent. 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 to make such lands accessible to the public. Uses in this district
shall promote the public interest in the values of those areas for
purposes of recreation, conservation and development of aquatic resources
and shall 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 shall consider the economic viability
of uses, especially when public amenities are required or deemed necessary.
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 consistent with the overall development goals
for riverfront properties as identified by the Town.
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 in Table III, Schedule of Regulations for Nonresidential
Districts.[1] All uses in this district are subject to the issuance of a special 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 §§ 150-95 through 150-98 of this chapter.
[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 is harmful to the welfare of potential
users or is impossible to implement due to land configuration or constraints.
The Planning Board may modify the width requirement if an integrated
plan for development of the site is presented which incorporates a
public pedestrian trail/promenade which is 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
Planning Board 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.
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.
F.
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 Article XI, in addition to all other requirements of this chapter.
(1)
All uses permitted 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
shall be paid as required and in accordance with the Town's regular
fee schedule.
