Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
A. 
Legislative intent. A designed multiple-use development (DMUD) is a land use requiring a rezoning procedure 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 Comprehensive 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 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 100 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.
(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 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) 
Roads within DMUD shall be consistent with Town Road Specifications and categorized in accordance with Chapter 132, Subdivision of Land.
(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.
(d) 
All roads shall be designed in accordance with complete streets standards as outlined in this chapter.
(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.
(b) 
Setbacks of all structures shall conform to the following requirements:
Type of Structure
Outside Perimeter of Entire Development
(feet)
Minimum required setback from edge of class A road ROW
(feet)
Edge of Class B Road
(feet)
Single-family detached dwelling
50
40
30
Other principal structure
60
40
30
Accessory structure
30
20
20
(c) 
Notwithstanding the first paragraph of § 150-73 herein, the distance between adjacent buildings and between buildings and parking areas shall be in conformance with the minimum setback requirements contained in § 150-73A(5), as possibly modified in accordance with § 150-73A(7), of this chapter determined by the Planning Board on site plan review, applying standards of fire safety and the necessity of access to said buildings by firefighting apparatus.
(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 XVII 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 XVII:
[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 per Article XVII, parking requirements.
(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.
(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 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.
(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.
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 to be processed by said Board in accordance with § 150-95 through 150-98 of this chapter.
(1) 
In addition to the applicant complying with § 150-95 through 150-98 of this chapter, the applicant shall furnish the following information for the Planning Board's review.
(a) 
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.
(b) 
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.
(c) 
An initial application fee in an amount fixed by the then-current fee schedule as approved by the Town Board. Such fee shall 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 fees 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.
(2) 
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 Planner, 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.
(3) 
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.
(4) 
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 X 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:
(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) 
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.
(h) 
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.
(i) 
An application fee in an amount and as normally determined by the Planning Board in site plan review.
(j) 
Construction and maintenance bonds as normally required in subdivisions.
(2) 
Referral to Planning Board, Town Engineer, Town Planner, 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.
(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, Town Planner, 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.
(3) 
Action by Zoning Administrator.
(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.
(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.
(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.
A. 
Legislative intent. The Planned Shopping Center District is intended to encourage the redevelopment of outdated shopping centers by permitting mixed residential and commercial development.
B. 
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 in § 150-48B 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 XVII of this chapter is provided for 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 without further Planning Board approval. Provisions satisfactory to the Planning Board for maintenance of all elements of the site 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 §§ 150-33, Building lots, through 150-130, 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 a 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.
(3) 
Maximum building coverage. Any covered, enclosed and temperature-controlled structures 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 a minimum of 75 feet. In further subdivision of a Planned Shopping Center District site into lots, as permitted in Chapter 132, Subdivision Regulations, the Planning Board shall apply the parking and loading standards of Article XVII, 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 requirements of each such use. No such loading or unloading of merchandise or other goods shall be done on or from a public street. For the purposes of eliminating traffic congestion and enhancing safety, efficient movement of goods 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.
(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 parking and loading and other standards set forth in Article XVII 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 § 150-159F 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 § 150-48B, 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.
(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 § 150-73 and in addition to the other requirements of this § 150-72, shall be subject to the following additional requirements:
(a) 
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 multifamily residential use.
(b) 
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 of GFA, each two-bedroom unit shall equal 1,500 square feet of GFA, and each three-bedroom unit shall equal 1,800 square feet of GFA. The inclusion of affordable units and corresponding floor area bonus is regulated as per § 150-54B(5).
(c) 
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 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.
(d) 
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 requirements of § 150-72B(4).
[1] 
Interpretations. In a situation which does not fall precisely within the 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.
[2] 
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 § 150-72B(6)(e).
(e) 
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] 
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 ground level 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 However, in no case shall establishments be permitted to operate outside of the hours of 7:00 a.m. and 10:00 p.m.
[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] 
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.
A. 
Legislative intent. R-MF-3 and R-MF-5 Districts are the only residential zoning districts which permit multifamily housing. The promotion of multifamily housing in these districts is intended to accomplish the creation of affordable, safe and walkable residential developments.
B. 
Multifamily dwellings. All multifamily dwellings with more than four units shall be subject to site plan approval in accordance with §§ 150-95 through 150-98 of this chapter and such dwellings, unless as part of a designed multiple-use development, shall also be subject to the following special requirements:
(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 R-MF-3 District and 10 acres if in the R-MF-5 District, except as set forth in § 150-127 regarding congregate care facilities.
(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 XVII, § 150-160 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.
(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.
(5) 
Yards and setbacks.
(a) 
All two-family and multifamily dwellings shall conform to the minimum yard requirements specified in § 150-48A, Schedule of Regulations for Residential Districts, 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:
[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 § 150-48B, Schedule of Regulations for Nonresidential Districts, 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.
(d) 
Landscape and design. Refer to § 150-39B for multifamily landscaping requirements and Article XVI for design guidelines.
(6) 
Maximum size of buildings.
(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.
(c) 
The authority of the Planning Board provided for in § 150-73B(6)(a) and § 150-73B(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 § 150-73B(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:
(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 fire safety standards other than those in § 150-73B(7)(c) above.
(8) 
Subdivision. Following site development plan approval of two-family or multifamily uses in a Multifamily Residence District, the overall site maybe subdivided into lots which may or may not be smaller than the minimum lot size specified elsewhere in this chapter, provided that:
(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) 
Appropriate cross easements shall 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.
(f) 
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:
(a) 
Subject to site plan approval by the Planning Board, buildings and related site development devoted to suitable, integrated, compatible with families, proportional, and neighborhood-scaled retail business, personal service establishment or office uses not cumulatively to exceed for the R-MF-3 District, 1% of permitted floor space of the residential development or 15,000 square feet whichever is less, or for the R-MF-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; However, in no case shall establishments be permitted to operate outside of the hours of 7:00 a.m. and 10:00 p.m.
[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 spaces 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 that better promote a traditional neighborhood appearance;
[10] 
Schedules for cleaning of nonresidential premises and related site development, emptying of trash receptacles, policing premises for litter removal, and similar upkeep shall be considered by the Planning Board; and
[11] 
Strict controls on noise generation, such as commercial background music, or amplified verbal announcements or messages, shall be considered by the Planning Board.
(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 § 150-73(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.