Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
A special permit use shall conform to the following individual standards and regulations, where applicable, in addition to all other regulations for the zoning district in which the special permit use is located.
A special permit use may be granted, after public hearing by the Town Board These provisions shall apply to special permits for the extraction and processing of natural resources, where permitted, involving the regrading, removal or excavation of more than 1,000 tons or 750 yards of natural resources, whichever is less, within 12 successive calendar months, or a volume of more than 100 cubic yards of natural resources from or adjacent to any body of water not subject to the jurisdiction of Article 15 of the Environmental Conservation Law.
A. 
Scope of special permit review. Any special permit use shall be limited in scope to review of the following matters and potential conditions related thereto:
(1) 
Ingress and egress to public thoroughfares controlled by the Town.
(2) 
Routing of material transport vehicles on roads controlled by the Town.
(3) 
Incorporation and enforcement of the requirements and conditions as specified by the New York State Department of Environmental Conservation (NYSDEC) concerning setback from property boundaries and public thoroughfare rights-of-way, natural or man-made barriers to restrict access, dust control and hours of operation.
(4) 
Incorporation and enforcement of reclamation requirements contained in any permit issued by the NYSDEC.
B. 
Application requirements. All special permit use applications must be accompanied by the following:
(1) 
A complete plan, prepared by a New York State licensed engineer, presented to the Planning Board which conforms with the requirements of § 150-95, Site Development Plan Approval of this Chapter and in addition includes the following information:
(a) 
The location of the property, the zoning classification of the property and all adjacent properties, all adjacent property owners, all buildings on the site, and all buildings off the site and within 250 feet of the boundary line of the property.
(b) 
Existing topography of the property at five-foot intervals.
(c) 
Location of any streams, wetlands, floodplains, lakes, ponds, rivers, watercourses or intermittent streams or watercourses within or bounding the property.
(d) 
Soil types, as defined by the Dutchess County Soil Survey, found within the boundaries of the property.
(e) 
Layout of equipment used and noise generation.
(f) 
Details of erosion control on regarding or exposed soil surfaces.
(g) 
Location and present status of any previous commercial operations on the property.
(h) 
Areas to be excavated, intended location of storage piles, the estimated amounts and the type of earth to be excavated, in cubic yards, existing and proposed slopes, details of existing and proposed drainage, including the proposed level of any impounded water, plans for erosion control and the location of all proposed structures and proposed access drives to the excavation site.
(i) 
Location of all structures used for a permitted or accessory use as defined in the Table of Use Regulations, § 150-48B.
(j) 
A copy of all mined land use plan permit application documents submitted to the New York State Department of Environmental Conservation.
(2) 
An environmental assessment form, pursuant to the New York State Environmental Quality Review Act, identifying the proposed project, its impacts and all mitigation measures.
C. 
Enforcement of special permit use conditions. If, at any time, the Town Zoning Administrator determines that the recipient of a special permit, as set forth herein, does not maintain the required improvements and/or does not comply with any and all conditions attached thereto, the Town Zoning Administrator shall order that the owner and/or the operator of all soil mining uses comply with all aspects of the special permit use. Failures to abide such direction shall constitute separate violations, subject to the enforcement remedies found within Article XIV of this chapter.
A special permit use may be granted, after public hearing by the Town Board, for a mobile home park in any residential district where the general land use and development plan, prepared by a licensed architect or professional engineer, for such mobile home park is found to comply with the standards of the Mobile Home Park Ordinance (Ordinance No. 3, adopted July 7, 1952, as amended)[1] and all applicable sections of this chapter. Furthermore, except as set forth in § 106-39 of the Town Code with respect to preexisting nonconforming parks, such mobile home park shall not exceed the density of single-family homes that would be permitted in the zoning district in which it is located.
[1]
Editor's Note: See also Ch. 106, Mobile Home Parks.
A special permit use may be granted, after a public hearing by the Planning Board, for a gasoline filling station, provided that:
A. 
The proposed use shall be on a site of not less than 20,000 square feet with no less than 150 feet of street frontage on any public road.
B. 
No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.
C. 
No proposed site shall be located within 1,500 feet of any existing public garage or filling station or any site previously approved for such use and not as yet terminated as provided for in this chapter.
D. 
All pumps, lubricating and other dispensing devices except air pumps shall be located at least 20 feet from any adjoining lot line or highway right-of-way.
E. 
All motor vehicle fuel shall be stored at least 35 feet from any street or lot line or highway right-of-way, in accordance with New York State standards; storage tanks for the foregoing substances shall be totally underground.
F. 
Outdoor storage and display of accessories or portable signs may be permitted in areas where they do not constitute a safety hazard to pedestrians or vehicles entering or leaving the station. Premises shall not be used for the display of automobiles, trailers, mobile homes, boats or other vehicles unless specifically permitted by Planning Board site plan approval.
G. 
Required side and rear yards adjacent to residence districts shall be used for parking only.
H. 
Required side and rear yards adjacent to residence districts shall be screened from the adjoining residential district with such screening as shall be required by the Planning Board; provided, however, that the Planning Board shall require only such screening of a size and design necessary to preserve the residential character of the adjacent residential district.
I. 
Curbs shall be constructed in compliance with the County and State Highway Department regulations, and the Planning Board shall evaluate the overall site on the basis of traffic circulation within the site, and traffic within the site in relation to the adjoining street system.
A special permit use may be granted, after a public hearing by the Planning Board, for an animal hospital or kennel, provided that:
A. 
Minimum lot size. 10 acres or more in any district for an animal hospital or kennel.
B. 
Work spaces, runs, pens or other facilities shall be located within a completely enclosed soundproof building, and such hospital or kennel shall be operated in such a manner as to produce no objectionable noise, odors or other nuisances beyond the boundaries of the site on which it is located. Such a facility shall assure a zone of attenuation sufficient to prevent any increase in the average preexisting ambient noise levels on the site.
C. 
No building in which animals are kept shall be located within 100 feet of any property in a residence district or within 150 feet of any existing residence other than the residence of the owner, operator or an employee thereof.
D. 
Animals shall not be permitted beyond the boundaries of the special permit use.
A special permit use may be granted, after a public hearing by the Planning Board, for commercial riding establishments, provided that:
A. 
Minimum lot size. 25 acres or more within any residence district for a commercial riding club, academy or stable, which may be used for the Boarding and training of horses.
B. 
The use of property for any of the above purposes shall be limited to the keeping of one horse for each acre of lot area.
C. 
No stable shall be erected within 100 feet of army property in a residence district.
D. 
The total area of all buildings used for such purposes shall not exceed 4% of the minimum lot area.
E. 
No horses shall be housed in any buildings used as a residence.
F. 
The Planning Board shall require fencing or other suitable enclosures and, in addition, may require buffer landscaping for screening purposes.
G. 
Such uses shall comply in all respects with the requirements of the County Department of Health and such further safeguards as the Planning Board may deem appropriate.
A special permit use may be granted by the Planning Board within any residence district for a dental clinic, provided that:
A. 
The clinic is owned and operated by a sole practitioner.
B. 
The clinic shall be conducted within an existing residence in accordance with Item No. 12 of the Schedule of Regulations for Residential Districts[1] or in a new building. The requirements and standards of an R-4A District, set forth in the Schedule of Regulations for Residential Districts, shall apply to any such clinic not located on a state highway.
[1]
Editor's Note: The Schedule of Regulations for Residential Districts is included as an attachment to this chapter.
C. 
All operations and activities in connection with such use shall be conducted wholly within the building or accessory building, except for off-street parking and loading areas.
D. 
Off-street parking shall be provided in the amount set forth in Article XVII. Parking requirements may be increased, depending upon the needs of each particular proposed use as determined by the Planning Board. Such parking areas shall be permanently improved, shall be located only in the side or rear yards and shall be set back at least 50 feet from any boundary which abuts a residence district and at least 10 feet in all other cases.
E. 
The entire site, except for areas covered by buildings, parking and loading areas and walks, shall be suitably landscaped as approved by the Planning Board. Suitable natural screening or buffer strips, walls or fencing shall be provided along the boundaries of parking and loading areas to protect adjacent properties from physical damage or nuisances.
F. 
Exterior lighting shall not be used to illuminate the structure. Such lighting shall be used only along walk-ways and in the parking area for safety purposes and shall be shielded from view of all surrounding residence properties and from streets. All exterior lighting shall be extinguished no later than 11:00 p.m.
G. 
No more than one dwelling shall be permitted in the clinic. Such dwelling shall have at least 700 square feet of gross floor area and shall meet the off-street parking requirements of this chapter in addition to parking required for the clinic.
H. 
Access to dental clinics shall be permitted only from county or major Town roads, as determined by the Planning Board, except that secondary access, for safety purposes, may be permitted to other streets.
On a lot of one acre or more, a special permit use may be granted by the Planning Board for a funeral home use within an existing residence having an existing usable floor area of not less than 2,000 square feet, provided that:
A. 
All operations and activities in connection with such use shall be conducted wholly within such building, except for off-street parking and loading areas.
B. 
Any existing main building shall be set back at least 50 feet from the street or from site boundaries abutting a business- or industry-zoned area, at least 100 feet from site boundaries abutting a residence-zoned area and at least 150 feet from any existing building in residential use. Existing accessory buildings shall be set back at least 50 feet from the street and all other site boundaries.
C. 
Off-street parking shall be provided in the amount set forth in Article XVII, except that the same may be increased, depending on the parking needs of each particular proposed use as determined by the Planning Board. Such parking area shall be permanently improved, shall be located only in the side or rear yards and shall be set back at least 50 feet from any boundary which abuts a residence-zoned area and at least 10 feet in all other cases.
D. 
The entire site, except for areas covered by buildings, parking and loading areas and walks, shall be suitably landscaped as approved by the Planning Board. Suitable natural screening or buffer strips, walls or fencing shall be provided along the boundaries of parking and loading areas to protect adjacent properties from physical damage or nuisances.
E. 
Exterior lighting shall be shielded from view of all surrounding residence properties and from streets. All exterior lighting, other than lighting for security reasons, shall be extinguished not later than 11:00 p.m.
F. 
Any such use shall comply with all applicable rules and regulations of any county or state agency having jurisdiction.
A special permit use may be granted by the Planning Board for adult entertainment cabarets, subject to the conditions set forth in this section.
A. 
Purposes and considerations.
(1) 
In the execution of this article, it is recognized that there are some uses which, by their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are increased by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.
(2) 
It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town of Fishkill.
(3) 
These special regulations are itemized in this section to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.
B. 
The adult entertainment cabaret use is to be restricted as to its location in the following manner, in addition to any other requirements of this Code:
(1) 
The above use shall not be located within a 500-foot radius of any area zoned for residential use.
(2) 
An adult entertainment cabaret shall not be located within a one-half-mile radius of another such use.
(3) 
An adult entertainment cabaret shall not be located within a 500-foot radius of any school, church or other place of religious worship, park, playground, playing field or any place of business which regularly has minors on the premises.
(4) 
The adult entertainment cabaret use shall be subject to site plan approval by the Planning Board.
C. 
No more than one adult entertainment cabaret, as defined above, shall be located on any lot or parcel.
A special permit use may be granted by the Planning Board for telecommunications towers and facilities, subject to the conditions set forth in this section.
A. 
Purpose. The purpose of this section is to promote the health, safety and general welfare of the residents of the Town of Fishkill; and to preserve the scenic, historic, natural and man-made character and appearance of the Town, while simultaneously providing standards for the safe provision, monitoring and removal of wireless telecommunications towers and facilities consistent with applicable federal and state and local regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers and the use of existing tall buildings and other high structures; to minimize adverse visual effects from telecommunications towers by requiring careful siting and configuration, visual impact assessment and appropriate landscaping; to provide a procedural basis for action within a reasonable period of time for requests for authorization to place, construct, operate or modify telecommunications towers; and to encourage camouflaging of telecommunications towers.
B. 
Permit regulations.
(1) 
No telecommunications tower, except those approved prior to December 27, 1977, the effective date of this chapter, shall be constructed, maintained or used unless in conformity with this article. No telecommunications tower shall hereafter be erected, moved, reconstructed, expanded, changed or structurally altered unless in conformity with this article. The construction, maintenance, use, erection, movement, reconstruction, expansion, change or structural alteration of telecommunications towers shall be governed by this article, and any provisions of Chapter 150, Zoning, which are inconsistent with this article shall be superseded by the terms of this article.
(2) 
Location or co-location in PI, GB, PSC, PB, R-4A and RB Districts.
(a) 
The location or co-location of communications equipment on an approved communications tower or a tall structure on property within Industrial, General Business, Planned Shopping, Planned Business, R-4A and Restricted Business Zoning Districts is a permitted use subject to the issuance of a building permit, provided that the Building Inspector determines that the location or co-location does not:
[1] 
Increase the original approved height of the supporting structure by more than 15%;
[2] 
Cause the original approved number of antennas to be exceeded by more than 50%;
[3] 
Increase the original approved square footage of accessory buildings by more than 200 square feet; or
[4] 
Add new or additional microwave antenna dishes; and that there will be no expansion of the footprint of said support structure and no adverse impacts on the existing support structure or the surrounding area.
(b) 
If the Building Inspector cannot make these findings, site plan approval will be required from the Planning Board in accordance with Article X of this chapter, and the Building Inspector shall refer the matter to the Planning Board where the application will be subject to the terms and conditions specified in Subsection F(1) below as part of the site plan review process.
(3) 
New telecommunications tower construction within Industrial, General Business, Planned Shopping, Planned Business, R-4A and Restricted Business Zoning Districts is subject to obtaining a special permit use from the Planning Board pursuant to the requirements of Subsection F and Article XI of this chapter. Such construction shall also comply with the requirements set forth in Subsections F through S below, as determined by the Planning Board as part of the special permit process.
(4) 
New telecommunications tower construction or the location or co-location of communications equipment on an approved communications tower or tall structure within Zoning Districts R-2A, R-MF-3 and R-MF-5 is subject to obtaining a special permit use from the Planning Board in accordance with Subsection F and Article XI. Such construction and co-location shall also comply with the requirements set forth in Subsections F through S below, as determined by the Planning Board as part of the special permit process.
(5) 
New telecommunications towers and co-location upon existing tall structures are prohibited in Zoning Districts R-15, R-20, R-40, LHC and HRWRD.
(6) 
Applications for construction of telecommunications towers shall comply with the Code of Federal Regulations pertaining to objects affecting navigable airspace as delineated with Federal Aviation Regulation (FAR) Part 77. Additionally, no application for construction of a telecommunications tower will be approved if the proposed tower violates the criteria for obstructions to air navigation as established by FAR Part 77, Subpart C, Obstruction Standards.
C. 
Co-location use of tall structures or communications towers. At all times, shared use of tall structures and existing or approved communications towers in accordance with Subsection B(2) above shall be preferred to the construction of new telecommunications towers.
(1) 
Applications pursuant to Subsection B(2) shall be made to the Building Inspector and shall include the following:
(a) 
A completed application for a building permit.
(b) 
Documentation of consent from the owner of the existing facility to allow shared use.
(c) 
A site plan in accordance with Article X, § 150-96, of this chapter. The site plan shall also show all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads. Any methods used to conceal the modification of the existing facility shall be indicated on the site plan.
(d) 
An engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the tall structure and explaining what modifications, if any, will be required in order to certify to the above.
(e) 
A completed environmental assessment form (EAF) and a completed visual EAF addendum.
(f) 
A copy of applicable Federal Communications Commission license.
(2) 
If the Building Inspector determines that the application is complete in accordance with Subsection C(1), and provided that the Building Inspector determines that the location or co-location does not increase the original approved height of the supporting structure by more than 15%; cause the original approved number of antennas to be exceeded by more than 50%; increase the original approved square footage of accessory buildings by more than 200 square feet; or add new or additional microwave antenna dishes; and that there will be no expansion of the footprint of the said support structure and no adverse impacts on the existing support structure or the surrounding area, then a building permit shall be issued; otherwise site plan approval will be required from the Planning Board in accordance with Article X. Such application will be subject to the terms and conditions specified in Subsection F(1) below as part of the site plan review process. The Planning Board shall conduct a public hearing and process the application pursuant to this article, the New York State Environmental Quality Review Act and other applicable laws. If the Board concludes that the application complies with this article, all SEQR requirements and other applicable laws, the Board shall grant site plan approval without further review under this section.
D. 
New telecommunications towers pursuant to Subsection B(3) or (4). The Planning Board may consider a request to locate a new telecommunications tower if the applicant can demonstrate that shared use of existing tall structures and existing or approved communications towers or communications tower sites are undesirable due to structural deficiencies, documented evidence that a site is unavailable because the owner is not willing to participate in a lease or ownership agreement or documented evidence that the site will not work from a technological aspect or that the applicant's proposed location or co-location on the site would have an adverse impact on the surrounding area. An applicant shall be required to present an adequate report with an inventory of all existing tall structures and existing or approved communications towers within a two-mile radius of the proposed site.
(1) 
The site inventory shall include a map showing the exact location of each site inventoried, including latitude and longitude (degrees, minutes, seconds), ground elevation above sea level, height of the structure and/or tower and accessory buildings on the site of the inventoried location.
(2) 
The report shall outline opportunities for shared use of these facilities as an alternative to a proposed new communications tower.
(3) 
The report shall demonstrate good-faith efforts to secure shared use from the owner of each potential existing tall structure and existing or approved communications tower as well as documentation of the physical, technical and/or financial reasons why shared usage is not practical in each case. Written requests and responses for shared use shall be provided.
(4) 
The report shall include the following information to permit the Town to evaluate the need for the new telecommunications tower site:
(a) 
Information establishing the present need for the proposed tower. Special permits are to be based on actual need and not on speculation of future needs.
(b) 
Radio frequency (RF) signal coverage plots depicting the anticipated radio frequency coverage for the proposed site.
(c) 
Radio frequency (RF) coverage plots depicting evidence that the proposed area to be provided coverage by the proposed new tower is currently deficient in radio frequency coverage.
(d) 
The frequency spectrum (output frequency) to be used at the proposed site (cellular, personal communications systems, broadcast frequency, analog or digital, etc.) A copy of a current FCC license that authorizes the applicant to provide service is required.
(e) 
The type, manufacturer and model number of the proposed tower.
(f) 
The height of the proposed tower, including the height of any antenna structure above the supporting structure of the tower.
(g) 
The number of proposed antennas and the type, manufacturer, model number, dB gain, size and orientation on the proposed tower.
(h) 
Such other information as may be deemed necessary by the Board so as to make a thorough evaluation of the applicant's proposal.
E. 
New towers: future shared use. Applicants shall design proposed new telecommunications towers to accommodate future demand for reception and transmitting facilities. Applications for new telecommunications towers shall include an agreement committing the owner of the proposed new telecommunications tower, and its successors in interest, to negotiate in good faith for shared use of said tower by other providers of communications in the future. This agreement shall be filed with the Building Inspector prior to issuance of a building permit. Failure to abide by the conditions outlined in the agreement shall be grounds for the revocation of the special permit use. The agreement shall commit the telecommunications tower owner and lessee and its successors in interest to:
(1) 
Respond within 45 days to a request for information from a potential shared-use applicant.
(2) 
Negotiate in good faith concerning future requests for shared use of the telecommunications tower by other providers of communications.
(3) 
Allow shared use of the telecommunications tower if another provider of communications agrees, in writing, to pay reasonable and customary charges in the prevailing market. The charges may include, for instance, a pro-rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity and depreciation and all of the costs of adapting the tower or equipment to accommodate shared use without causing electromagnetic interference.
F. 
Site plan/special permit use review; submission requirements.
(1) 
Site plan applications.
(a) 
Applications to the Planning Board for site plan approval shall include a site plan in accordance with Article X. In addition, the site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wires and anchors, antennas, parking and landscaping, and shall include grading plans and drainage plans for new facilities and roads.
(b) 
Supporting documentation. The applicant shall submit a completed long-form EAF, a complete visual environmental assessment form (visual EAF addendum) and documentation on the proposed extent and capacity of use as well as supporting the need for the requested height of any tower and for any clearing required. The applicant shall also submit a copy of its Federal Communications Commission (FCC) license.
(2) 
Special permit use applications. Applications to the Planning Board for a special permit use shall be made in accordance with Article XI and shall include the following:
(a) 
Where shared use of tall structures or existing or approved communications towers is found to be impractical, applicants shall also investigate the possibility of constructing a new telecommunications tower on property occupied by an existing communications tower in accordance with Subsection D above. In such case the Board may allow more than one tower on a lot. Any proposal for a new telecommunications tower on an existing communications tower site shall also be subject to the requirements of Subsections F through S.
(b) 
The Planning Board may consider a new telecommunications tower on a site not previously developed with a telecommunications tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical and submits a report as described in Subsection D above, and when the Planning Board determines that shared use of an existing telecommunications tower site for a new telecommunications tower is undesirable based upon the investigation in accordance with Subsection F(2)(a) above. Any proposal for a new telecommunications tower shall also be subject to the requirements of Subsections F through S below.
(3) 
The Planning Board may require an applicant to submit information and documentation indicating and identifying areas within the Town where communications coverage by the applicant remains unsatisfactory. Applicants may be required to provide sufficient information to the Town so as to clearly identify and describe the applicant's communications coverage master plan or siting and/or communication coverage plan.
(4) 
The Planning Board may require the applicant to submit to the Town a qualified engineer's report regarding nonionizing electromagnetic radiation for the proposed site. Such report will provide sufficient information to detail the amount of radio frequency radiation expected from the proposed site. Additionally, the engineer's report will comply with FCC reporting criteria, as amended, for a cumulative report, reporting levels of anticipated exposure from all users on the site. The report must indicate whether or not the proposed telecommunications tower will comply with FCC emission standards.
(5) 
The approving Board may require the applicant to perform emission tests every six months and report the findings to the Building Inspector. The results of the emission test shall be reported to the Building Inspector within 30 days of the test being completed. The approving board may require reasonably periodic safety inspections of the telecommunications tower. The results of that safety inspection shall also be reported to the Building Inspector within 30 days of its completion. The safety inspection shall consist of, but may not be limited to, an inspection of the condition of the tower, its supports, foundations, anchor bolts, coaxial cable, cable supports, ice shields, cable trays, guy wires and antennas affixed to the tower. Other aspects of the inspection shall include inspection for fire, electrical, natural and other man-made hazards that could pose a potential hazard to the telecommunications tower site or the surrounding area. Unsafe conditions shall be corrected immediately by the applicant.
G. 
Lot size and setbacks. Each proposed telecommunications tower and telecommunications facilities structure shall be located on a single lot and shall comply with applicable setback requirements. Adequate measures shall be taken to contain on-site all icefall or debris from tower failure and preserve the privacy of any adjoining residential properties.
(1) 
Each lot containing a telecommunications tower shall have the minimum area, shape and frontage requirements generally prevailing for the zoning district where located, in the Schedules of Regulations for Nonresidential and Residential Districts of this chapter, and such additional land if necessary to meet the setback requirements of this section.
(2) 
Telecommunications towers shall comply with the following special minimum setback requirements within Industrial, General Business, Planned Shopping, Planned Business and Restricted Business Zoning Districts:
(a) 
Street line: height of tower plus 50 feet.
(b) 
Side and rear lines: half the height of the tower.
(c) 
Setback from adjoining residential zoning district: height of tower plus 50 feet.
(3) 
The setback requirements for telecommunications towers located within R-4A, R-2A, R-MF-3 and R-MF-5 Zoning Districts shall be:
(a) 
From side and rear lot lines: 150 feet or half the height of the telecommunications tower, whichever is greater.
(b) 
Distance from street line: 150 feet.
H. 
Visual impact assessment. The approving Board may require the applicant to undertake a visual impact assessment which may include:
(1) 
A "zone of visibility" map shall be provided in order to determine locations where the telecommunications tower may be seen.
(2) 
Pictorial representations of "before" and "after" views from key viewpoints both inside and outside of the Town, including but not limited to state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to public, and from any other location where the telecommunications tower is visible to a large number of visitors, travelers or persons. The approving Board shall determine the appropriate key sites at a presubmission conference with the applicant.
(3) 
Assessment of alternative telecommunications tower designs and color schemes, as described in Subsection I.
(4) 
Assessment of the visual impact of the telecommunications tower base, guy wires, accessory buildings and overhead utility lines from abutting properties and streets.
I. 
New tower design and height. Alternative designs shall be considered for new telecommunications towers, including lattice and single pole structures. The design of a proposed new telecommunications tower shall comply with the following:
(1) 
Any new telecommunications tower shall be designed to accommodate future shared use by other providers of communications.
(2) 
Unless specifically required by other regulations, a telecommunications tower shall have a finish (either painted or unpainted) that minimizes its degree of visual impact.
(3) 
Notwithstanding the height restrictions listed elsewhere in this chapter, the maximum height of any new telecommunications tower shall not exceed that which shall permit operation without artificial lighting of any kind or nature, in accordance with municipal, state and/or federal law and/or regulation.
(4) 
The maximum height of a telecommunications tower in Industrial, General Business, Planned Shopping, Planned Business, and Restricted Business Zoning Districts shall not exceed a height of 185 feet above ground elevation. The maximum height of a communications tower within R-4A, R-2A, R-MF-3, R-MF-5 Zoning Districts shall not exceed a height of 110 feet above ground elevation.
(5) 
The Planning Board may request a review of the application at the applicant's expense by a qualified engineer and/or consultant in order to evaluate the application. Fees for the review of the application by a qualified engineer and/or consultant are in addition to the application fee, shall be the responsibility of the applicant and shall be deposited with the Town in the manner provided in § 150-175.
(6) 
Accessory structures.
(a) 
Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings. The use of camouflage communications towers may be required by the Planning Board to further blend the communications tower and/or its accessory structures into the natural surroundings. "Camouflage" is defined as the use of materials incorporated into the communications tower design that give communications towers the appearance of tree branches and bark coatings, church steeples and crosses, sign structures, lighting structures or other similar structures.
(b) 
Accessory structures shall be designed to be architecturally similar and compatible with each other, and shall be no more than 12 feet high. The buildings shall be used only for housing of equipment related to the particular site. Whenever possible, the buildings shall be joined or clustered so as to appear as one building.
(7) 
No portion of any telecommunications tower or accessory structure shall be used for a sign or other advertising purpose, including but not limited to company name, phone numbers, banners and streamers, except the following. A sign of no greater than two square feet indicating the name of the facility owner(s) and twenty-four-hour emergency telephone shall be posted adjacent to any entry gate. In addition, "no trespassing" or other warning signs may be posted on the fence. All signs shall conform to the sign requirements of the Town.
(8) 
Towers must be placed to minimize visual impacts. Applicants shall place towers on the side slope of the terrain so that, as much as possible, the top of the tower does not protrude over the ridgeline, as seen from public ways.
J. 
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees shall take place on a site connected with an application made under this article prior to the approval of the special permit use.
K. 
Screening.
(1) 
Deciduous or evergreen tree plantings may be required to screen portions of the telecommunications tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas.
(2) 
Where a site adjoins a residential property or public property, including streets, screening suitable in type, size and quantity shall be required by the Planning Board.
(3) 
The applicant shall demonstrate to the approving board that adequate measures have been taken to screen and abate site noises such as heating and ventilating units, air conditioners and emergency power generators. Telecommunications towers shall comply with all applicable sections of this chapter as it pertains to noise control and abatement.
L. 
Lighting. Telecommunications towers shall not be lighted except where FAA/FCC required lighting of the telecommunications towers necessary. No exterior lighting shall spill from the site in an unnecessary manner.
M. 
Access.
(1) 
Adequate emergency and service access shall be provided and maintained. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to the toe of fill, the top of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
(2) 
To the extent feasible, all network interconnections to and from the telecommunications site and all power to the site shall be installed underground. At the initial construction of the access road to the site, sufficient conduit shall be laid to accommodate the maximum possible number of telecommunications providers that might use the facility.
N. 
Parking. Parking shall be provided to assure adequate emergency and service access. The Planning Board shall determine the number of required spaces, but in no case shall the number of parking spaces be less than two spaces.
O. 
Fencing. The telecommunications tower and any accessory structures shall be adequately enclosed by a fence, the design of which shall be approved by the Planning Board. This requirement may be waived by the Planning Board if the applicant demonstrates that such measures are unnecessary to ensure the security of the facility.
P. 
Removal. Telecommunication towers and telecommunications facilities shall be dismantled and removed by the applicant or the owner of the subject premises when they are no longer used or needed for their original purpose.
(1) 
All applications for approval of new telecommunications towers shall be accompanied by a plan covering reclamation of the site after removal of the tower.
(2) 
No approvals shall be given under this article until all owners of the subject premises give the Town of Fishkill, in a form suitable to the Town Attorney, a recordable instrument, running with the land, granting the Town of Fishkill the right to enter upon the premises to dismantle and to remove the tower or facilities in the event of the owners failure to comply, within three months, with the lawful written directive to do so by the Zoning Administrator and giving the Town the right, after fair notice and opportunity to be heard before the Town Board by the owner(s) of the premises, to charge the actual costs associated with disassembly or demolition, and of removal, including any necessary and reasonable engineering or attorneys fee incurred to carry out its rights hereunder, by adding that charge to and making it a part of the next annual real property assessment roll of the Town of Fishkill, to be levied and collected in the same manner and at the same time as Town-assessed real property taxes.
(3) 
The giving of such an agreement to the Town shall not preclude the Town from pursuing the alternative enforcement actions of:
(a) 
Seeking an injunction from a court of competent jurisdiction to compel removal; or
(b) 
Seeking judgment to recover the costs, together with reasonable and necessary engineering and attorney fees, of dismantling and removal by the Town.
(4) 
The Town may secure removal of towers or facilities hereunder by requiring the applicant and/or the owner(s) of the premises to provide an undertaking and a continuing letter of credit covering the projected costs of dismantling and removal.
Q. 
Intermunicipal notification for new towers. In order to keep neighboring municipalities informed, and to facilitate consideration of an existing tall structure or existing telecommunications towers in a neighboring municipality for shared use, and to assist in the continued development of the county emergency service communications system, the Planning Board shall require that:
(1) 
An applicant who proposes a new telecommunications tower shall notify, in writing, the legislative body of each municipality that borders the Town of Fishkill and the Director of the Office of Emergency Management of Dutchess County. Notification shall include the exact location of the proposed tower and general description of the project, including but not limited to height of the tower and capacity for future use.
R. 
Notification of nearby landowners. A public hearing shall be conducted in conformance with the requirements of Chapter 114 of the Town of Fishkill Code. Notice of such public hearing shall be posted, published and mailed as required by Chapter 114 before said hearing is held. Notice shall also be mailed to the administrator of any state or federal park lands from which the proposed tower would be visible if constructed by the applicant. The cost of the public hearing notice mailing will be charged against the applicant's escrow account.
[Amended 4-3-2019 by L.L. No. 1-2019]
S. 
Proof of insurance. The applicant and the owner of the property where the communications tower is to be located shall provide the Town Clerk with proof of liability insurance in the amount not less than $3,000,000 to cover potential personal injury and property damage associated with construction and subsequent operation and maintenance of the telecommunications facility.
A. 
Congregate care facilities. The establishment of a congregate care facility in an R-MF-5 and RB District shall be subject to the bulk requirements of those districts and shall be subject to site plan approval in accordance with §§ 150-95 through 150-98 and § 150-110 of this chapter and the following additional requirements:
(1) 
The development site shall be a minimum of 10 contiguous acres within 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, in connection with congregate care 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 agencies.
(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 new 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 to 30 feet of a mix of coniferous and deciduous trees.
(7) 
Off-street parking in accordance with Article XVII 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.