East Fishkill Town City Zoning Code
PART 2
Regulatory Provisions
[Added 3-28-1985 by L.L. No. 5-1985]
§ 194-7 General interpretation and applicability.
In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements for the protection of the public health, morals, safety, comfort, convenience and general welfare. This chapter shall not be deemed to affect in any manner whatsoever any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes greater restrictions upon the use of buildings or land or upon the erection, construction, establishment, moving, alteration or enlargement of buildings than are imposed by other ordinances, rules, regulations, licenses, certificates or other authorizations or by easements, covenants or agreements, the provisions of this chapter shall prevail. Except as hereinafter provided, the general regulations contained in this article shall apply.
§ 194-8 Conformance required.
No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, for any purpose or in any manner except in conformity with this chapter and particularly with the specific regulations for the district in which such building or land is located. Any use not specifically permitted by this chapter is prohibited.
§ 194-9 Lot required for every building.
Every building hereafter erected shall be located on a lot as herein defined. There shall be not more than one main building and its accessory buildings on one lot, except for nonresidential buildings in districts where such uses are permitted.
§ 194-10 Yard and open space applicable to one building only.
No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as any part of the yard or open space for any other building; no yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot.
§ 194-11 Subdivision of a lot. [1]
Should a lot hereafter be formed from the part of a lot already occupied by a building, such separation shall be affected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter.
§ 194-12 Irregularly shaped lots.
Where a question exists as to the proper application of any of the regulations of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the Board of Appeals shall determine how such regulations shall be applied.
§ 194-13 Required street access.
[Amended 11-14-2002 by L.L. No. 9-2002]
No permit for the erection of any building shall be issued unless the plot on which such building is proposed to be erected has access to a street or highway in accordance with the provisions of § 280-a of the Town Law. This section shall not preclude access by means of a shared driveway, if the Planning Board approves a special permit therefor.
§ 194-14 Average density subdivisions.
Notwithstanding the provisions as to bulk in the Schedule of Residential District Regulations of this chapter,[2] a parcel of land in the three-acre (R-3) zone may hereafter be divided into lots smaller than three acres in size, pursuant to a subdivision approved by the Planning Board pursuant to the Town subdivision regulations,[3] provided that:
Minimum lot size. Every lot shall have a minimum lot requirement of two acres.
Bulk requirements. The bulk requirements of the R-2 District, as contained in the Schedule of Residential District Regulations, shall apply to all lots.
Maximum number of lots. The maximum number of lots which may be created shall be equal to the number achieved by dividing the parcel by three and rounding to the next lowest number. The subdivision will also have to meet the standards of the Zoning Law relating to environmentally sensitive lands.
Legal assurances. The Planning Board shall require sufficient legal assurances to prevent the future subdivision of any lot which is larger than the minimum required lot size, if such subdivision would reduce the average density of the subdivision below an average of three acres per lot.
In the course of review of a proposed average density subdivision, the Planning Board can request the applicant to consider a cluster subdivision alternative.
[1]
Editor's Note: This local law also provided that any application for an average density subdivision of land in the R-2 Zoning District which has received preliminary Planning Board approval after January 1, 2002, and prior to the effective date of this local law (December 5, 2002), may continue to be processed, and lots created thereby shall be entitled to building permits, under the following conditions:
1. The subdivision meets all standards of § 194-14 as in effect prior to the adoption of this local law.
2. A legally sufficient application for final subdivision approval is submitted to the Planning Board within six months of the effective date of this local law.
3. Final subdivision approval is granted within six months after submission of the application, and the final plat is duly and timely filed in the Dutchess County Clerk's office pursuant to Town Law § 276.
[3]
Editor's Note: The Schedule of Bulk Regulations, including residential districts, is included at the end of this chapter.
§ 194-14.1 Environmentally sensitive lands.
[Added 11-14-2002 by L.L. No. 2-2002]
Designation. For the purpose of these regulations, "environmentally sensitive lands" shall include lands defined as "floodways," "water bodies," "wetlands," "one-hundred-year floodplains," and "steep slopes" as defined in § 194-3.
Proposed lots in conventional subdivisions must comply with the following two standards:
Standards for lot count. For all subdivision applications, the maximum number of lots or dwelling units (N) which the Planning Board may approve for land to be subdivided shall be the whole number (all fractions excluded) which results from the following calculation:
[Amended 9-27-2007 by L.L. No. 7-2007[1]]
Gross parcel area (GPA), minus areas of wetlands, water bodies and watercourses (WWW) as defined in the Town Code Wetlands Ordinance,[2] minus areas of freshwater wetlands (FW), as defined in Article 24 of the NYS Environmental Conservation Law, minus areas within the one-hundred-year flood boundaries (FB) as defined on the Flood Boundary and Floodway Map issued by the Federal Emergency Management Agency, minus 50% of steep slopes (SS) over 20% minus 10% of the gross parcel area (GPA) (the ten-percent GPA deduction is to be made only when streets, shared driveways or private roads are included within the subdivision); all divided by the minimum lot size (MLS) required in the zoning district in which the parcel is located. |
Lot count formula is: | |||
|---|---|---|---|
GPA-WWW-FW-FB-50% SS-10% GPA | |||
N.= | -------------------------------------------------- | ||
MLS | |||
Where any area of land is considered environmentally sensitive for more than one reason, no additional discount from area calculation shall be taken on such basis, although the more restrictive percentage would apply where there is a difference.
From the acreage remaining after the deduction, the applicant shall further deduct the area of land necessary to provide roads, drainage facilities, and other infrastructure to serve the subdivision. The acreage remaining shall then be divided by the minimum lot size shown in the bulk schedule for conventional lots in the district in question. The number of lots to be created in the subdivision shall in no case be higher than the number derived in this calculation, subject to the incentive provisions of the Affordable Housing Laws.[3]
[1]
Editor's Note: This local law provided that it will not apply to any application which has received preliminary approval upon the effective date of this law nor will this local law apply to any application for which a determination of significance has been adopted as of the effective date of this law and, in addition, for which a DEIS has heretofore been submitted to the lead agency conducting environmental review or for which a DEIS will be submitted within nine months from the effective date of this law.
Minimum buildable area. Each detached single-family lot shall provide a minimum buildable area as follows. The minimums provided herein are not subject to decrease under the Affordable Housing Law provisions.
Type of Subdivision | Minimum Buildable Area | |
|---|---|---|
With individual wells and individual sewage disposal systems | 3/4 acre | |
With central water and individual sewage disposal systems, or vice versa | 1/2 acre | |
With central water and central sewers | 10,000 square feet average, with no lot smaller than 7,500 square feet |
Proposed site plans for nonresidential development. Environmentally sensitive lands shall be counted at the following percentages of their gross land area in meeting the requirements of minimum lot area or floor area ratio under the bulk regulations of the Zoning Law.
Type of Land | Percentage to be Discounted | |
|---|---|---|
Floodway | 100% | |
Floodplain | 50% | |
Steep slopes (greater than 20%) | 50% | |
Water bodies | 100% | |
Wetlands | 50% |
Where any area of land is considered environmentally sensitive for more than one reason, no additional discount from area calculation shall be taken on such basis, although the more restrictive percentage would apply where there is a difference.
Applicability.
This provision shall apply to all lots created after December 5, 2002 (the effective date of this section), including subdivisions and resubdivisions, and shall apply to all site plans approved after the effective date, including site plan amendments or expansions, except that this section shall not apply to lots on a subdivision map which has received preliminary subdivision approval by the East Fishkill Planning Board on or before December 5, 2002 (the effective date of this section), provided that a legally sufficient application for final subdivision approval is submitted to the Planning Board within six months after the effective date of this section.
Redevelopment of a lot which is currently or previously has been improved shall be exempt but shall be subject to federal and state regulations.
[Added 6-22-2017 by L.L. No. 2-2017]
§ 194-14.2 House orientation.
[Added 10-28-2010 by L.L. No. 6-2010; amended 2-27-2014 by L.L. No. 2-2014]
The facade of a house must face the street. Houses on corner lots should be oriented in the same direction as the adjacent houses, which is usually the street with the least frontage. Where no other method determines conclusively the front of a lot, the Planning Board shall designate the property line from which the front yard will be measured after considering the optimum orientation of the principal dwelling to minimize negative impacts on surrounding properties.
§ 194-14.3 Special habitat protection requirement.
[Added 2-27-2014 by L.L. No. 2-2014]
When an approving agency other than the Town creates a condition of an approval which may require enforcement, maintenance, or other action by the Town, the application must be referred to the Town Board for approval.
§ 194-14.4 Abandonment provision.
[Added 2-27-2014 by L.L. No. 2-2014]
Applications pending before the Planning Board and the Zoning Board shall be deemed to be dormant and withdrawn by the applicant if the application does not appear on a Board agenda with new or additional information for a period of two years or more (including those applications awaiting submission of a draft environmental impact statement). Said time period may not be extended by the Board.
§ 194-15 General.
To facilitate public understanding of this chapter and for convenience in administration, there is hereby adopted and declared to be a part of this chapter the following Schedule of Permitted Uses, Schedule of Bulk Regulations and Off-Street Parking Schedule which establish permitted uses, minimum area of lots, minimum sizes of yards and open spaces, minimum off-street parking and other limitations and requirements. The requirements listed for each district as designated are subject to all other provisions of this chapter and, unless otherwise indicated, shall be deemed to be the minimum in every instance of their application.
§ 194-16 Schedule of Permitted Uses. [1]
In any district established under Article III of this chapter, no building or premises shall be used, and no building, group of buildings or part of a building shall be erected, constructed, enlarged, altered, arranged or designed to be used in whole or in part, except for one or more of the uses set forth in the attached Schedule of Permitted Uses. Only those uses specifically listed as being permitted shall be permitted.
[1]
Editor's Note: The Schedule of Permitted Uses is included at the end of this chapter.
§ 194-17 Schedule of Bulk Regulations. [1]
In any district established under Article III of this chapter, no building or premises shall be used, and no building, group of buildings or part of a building shall be erected, constructed, enlarged, altered or arranged on a lot, except in accordance with the requirements set forth in the attached Schedule of Bulk Regulations.
[1]
Editor's Note: The Schedule of Bulk Regulations is included at the end of this chapter.
§ 194-18 Off-Street Parking Schedule. [1]
In any district established under Article III of this chapter, off-street parking facilities shall be provided in accordance with the requirements set forth in the attached Off-Street Parking Schedule, except where additional parking may be required as a condition for the issuance of a special permit under Article IX.
[1]
Editor's Note: The Off-Street Parking Schedule is included at the end of this chapter.
§ 194-19 Intent and purposes.
[Amended 11-14-2002 by L.L. No. 6-2002; 6-25-2020 by L.L. No. 3-2020]
It is the intent and purpose of this section to create a zoning district which would permit the establishment of Conservation Residential Developments (CRDs) on one or more designated sites and in proper locations, so as to:
Variety of housing types. Provide the opportunity for the creation of a wider variety of housing types in the Town, ranging from single-family detached to single-family attached units (townhouses) to multifamily dwellings, and designed to serve the present and future owner and rental housing needs of those persons working and living in the Town of East Fishkill, including both elderly and young households, families of moderate income and small families.
Creative use of large tracts. Encourage the creative use of centrally located large tracts within the Town and in excess of 150 contiguous acres so as to promote the establishment of a more-desirable living environment than would be possible through their subdivision in accordance with the conventional standards established elsewhere in this article.
Flexibility of design and development. Permit flexibility of design and development in such a way as to promote superior land-planning design, greater economy, efficiency and convenience in the arrangement of land uses and their supporting infrastructure, preserve open space and protect floodplains and other natural features.
Service and utilities. Encourage orderly and well-planned development of a scale and location that will make it feasible to construct a comprehensive package of supporting utilities, services and facilities, active and passive recreation facilities, a stormwater control and retention system, etc., so as to achieve developments which are environmentally, physically, visually and economically superior.
Traffic circulation. Encourage orderly development of sites with substantial frontage on state and county highways to provide safe, efficient access and traffic circulation.
Master Plan. Promote a development pattern in harmony with the objectives of the Town's Master Plan and require preparation of a Master Development Plan that addresses the intent of the CRD district.
Preservation. Maximize the preservation of slopes over 15%, wetlands, flood-prone areas, historic structures or areas, unique, natural or geographic formations, rare vegetation or habitats of endangered wildlife, lakes, ponds, significant recreational areas or resources, trails, bikeways, pedestrian routes and significant scenic routes, particularly ridge lines, water bodies and mountains.
Adequate review. Provide adequate review and supervision of development by requiring both conceptual and specific plan approvals for properties rezoned by legislative action to the CRD zone.
§ 194-20 Eligibility.
[Amended 9-26-2000 by L.L. No. 7-2000; [Amended 9-26-2000 by L.L. No. 7-2000; 6-25-2020 by L.L. No. 3-2020]
This article creates a CRD Zone and sets forth standards under which properties shall be considered eligible for legislative consideration for possible rezoning into the CRD Zone. In order to be eligible for such legislative consideration for rezoning, lands must meet the following criteria:
The lands proposed for rezoning may consist of one or more parcels, at least one of which must consist of 150 or more contiguous acres. At least one of the parcels constituting the lands proposed for rezoning must possess at least 100 feet of frontage on a state or county highway. The lands proposed for rezoning must also meet the other criteria and qualifications set forth in this article.
While only lands considered eligible under these criteria may be considered for placement within the CRD Zone, there shall be no presumption that lands so considered eligible will ever be formally rezoned into the CRD Zone. The decision to rezone, or to decline to rezone, any particular properties into the CRD Zone, is a purely legislative determination entirely within the legislative discretion of the Town Board. The Town Board shall have the right to reject any petition for CRD rezoning at any stage of the proceedings. The Town Board shall also have the authority to rezone lands into the CRD Zone as a direct action, in the absence of a petition.
§ 194-21 Uses within CRD Zone.
[Amended 11-14-2002 by L.L. No. 6-2002; 6-25-2020 by L.L. No. 3-2020]
Permitted uses. Permitted uses within a CRD shall be as follows:
Residential uses. Detached, semidetached or attached one-family dwellings, two-family dwellings, and multifamily dwellings. Multifamily dwellings shall not constitute more than 20% of the total number of housing units in a Conservation Residential Development.
Nonresidential uses. Active and passive park and recreational areas, open space and activities, including swimming pools, tennis courts, ball fields, playgrounds, walkways, bikeways, nature trails and similar structures and facilities.
Accessory uses. Accessory uses in the CRD Zone shall be the same as those permitted in the R-1 Zone.
Special uses. The following special uses are permitted within the CRD Zone, provided they are designed, planned and developed for the primary purpose of service to the residents of the CRD.
Public uses. Schools, public buildings, places of worship, membership clubs and nursery schools.
Commercial uses. Retail shops, personal-service shops, professional offices and grocery stores, provided that the total land area devoted to commercial uses does not exceed 5% of the gross land area within the CRD and such uses are clearly accessory to the residential uses.
§ 194-22 Development standard and controls.
Except where specified herein, all development standards and controls normally applicable to all other residential subdivisions and uses shall also be applicable to CRD's.
Density. At the time of any rezoning of a parcel into the CRD Zone, the Town Board shall set the density in accordance with this section.
The base density in a CRD shall be two units per acre. However, the Town Board shall have authority to allow density of up to four units per acre where, in its sole discretion, it finds that a clear public good is being provided which addresses and mitigates both of the impacts identified in the draft generic environmental impact statement, i.e., possible groundwater contamination and traffic congestion. Examples of such public good would include provision or facilitation of availability of municipal or central water and sewer facilities to serve the Hopewell Hamlet area and provision for material transportation enhancement, such as the north-south bypass road, which would directly ameliorate the Hamlet's current traffic congestion.
The following deductions shall apply to density in CRD's. Section 194-14.1 does not apply to CRD projects. For purposes of density calculation, all acreage, including lands donated or dedicated to municipal purposes, shall be included, except water bodies, wetlands, and slopes of 25% or more.
[Amended 11-14-2002 by L.L. No. 6-2002]
Where the Town Board rezones property into the CRD Zone as a direct action, the base density shall apply. The property owner may subsequently petition the Town Board to reconsider the density provisions applicable to the property under the standards set forth in this section.
[Added 9-26-2000 by L.L. No. 7-2000]
The density established by the Town Board in this section shall be considered the "gross" density of the project. Net densities of particular sections of the project are regulated in later sections of this chapter. The number of units permitted by the Town Board as part of the density calculation under this section shall be considered the "base number of units" for the project. Such determination shall not be interpreted to prohibit authorization of additional incentive units under the Town's Affordable Housing Law.[1] The calculation of the number of authorized incentive units shall be based on the base number of units calculated under this section.
[Added 11-14-2002 by L.L. No. 6-2002]
Minimum lot dimension.
[Amended 11-14-2002 by L.L. No. 6-2002]
Single-family detached units. In no case shall single-family detached units be placed on lots smaller than 7,000 square feet.
Single-family semidetached and attached end units. In no case shall single-family semidetached units be placed on lots smaller than 4,000 square feet.
Single-family attached units. In no case shall single-family attached units be placed on lots smaller than 2,500 square feet.
Frontage. At least one of the parcels included in the CRD site must have a minimum street frontage of 100 feet on a state or county highway.
Height and bulk requirements.
[Amended 11-14-2002 by L.L. No. 6-2002]
The maximum permitted building height within a CRD shall not exceed 35 feet or 2 1/2 stories.
Detached garages shall not exceed 25 feet or 1 1/2 stories, and shall not exceed 750 square feet in size.
The maximum net density for two-family and/or multifamily units shall not exceed 10 units to the acre within individual clusters, as determined by the Planning Board.
Bulk requirements for lots in CRD projects:
For detached units:
Minimum front yard: 20 feet from curb, or 20 feet from the house side of the sidewalk, if provided, whichever is greater.
Minimum rear yard: 30 feet.
Minimum side yard: 15 feet.
Minimum lot width: 70 feet.
Minimum lot depth: 90 feet.
Road frontage: 50 feet; except along culs-de-sac, where it may be 40 feet. All flag lots shall have 50 feet of frontage.
Maximum floor area ratio (FAR): 0.30.
Detached garages may be located in the rear yard and shall be no closer than 10 feet to the rear or side lot line.
Maximum coverage. The maximum permitted gross building coverage on any CRD site shall not exceed 12%.
[Amended 11-14-2002 by L.L. No. 6-2002]
Screening and buffering. The minimum buffer area shall be in no case less than 50 feet measured from the boundary of the CRD. In reviewing the development plan, the Planning Board shall consider the setback and proposed screening of parking and active recreation areas and may require buffer areas of up to 100 feet. Buffer and screening areas shall be landscaped or left in their natural state in accordance with the landscaping provisions of this Zoning Chapter. The Planning Board may require additional landscaping to screen utility buildings, refuse collection areas, cooling systems and other similar installations and features.
Open space and recreation areas. At least 1/3 of the gross acreage of any CRD site shalt be composed of land which is used for recreational purposes and/or preserved as permanent open space.
Unit design considerations. For CRD's with attached and semidetached units, in order that such subdivisions will be properly planned in relation to the community and personal needs of people, the following design elements shall be considered by the Planning Board in addition to the specific provisions of the land subdivision regulations and the normal factors examined in the site plan review:
Need for personal privacy. Visual privacy shall be preserved for residents through the proper design of rear yards and/or patio spaces. Proper screening through the use of vegetation, fencing and partially enclosed patios shall be provided. Audio privacy shall be maintained by requiring proper standards for solid party walls that will satisfactorily limit sound transmission between adjoining dwelling units.
Need for maintaining the scale of building to ensure compatibility with natural and man-made surroundings. Four dwelling units shall be the normal maximum permitted per building to ensure that attached and semidetached units will be compatible in scale with the character of surrounding development and to ensure a pleasant environment for the residents of such units through maximizing views and by providing a close relationship to immediately adjacent open space at the sides of units as well as to the front and rear. The Planning Board may, where it deems necessary, limit the number of dwelling units per building to less than four, and may permit up to six units in circumstances where building layout or natural terrain conditions can help assure aesthetic design, adequate private and semiprivate open spaces and significant views.
Layout design considerations: need for preserving existing neighborhood identity and community scale. The Planning Board shall consider the layout of small neighborhoods or clusters within the development, each having some open space immediately surrounding it, as a goal of proper site planning so that a massive concentration of units, with little or no differentiation, can be avoided, so that the character of CRD will match the character of the larger neighborhood in which it is located.
Vehicular circulation system and traffic access. All streets and driveways within a CRD shall be designed to adequately serve their intended traffic function and the anticipated volume of traffic of the development. Direct access shall be provided by a state or county highway. Major traffic circulation streets which connect to the various sections of the CRD and provide access to the state or county highway shall be designated "development collector roadways." All other vehicular circulation elements within a CRD shall be designated as "minor development roads." Development collector roadways within a CRD shall meet the applicable standards of the Town highway specifications (Chapter A197) for local roads. Minor development roads, including any permitted private roads, within a CRD shall meet the applicable standards of the Town's highway specifications (Chapter A197) for local roads or minor local roads, as applicable.
[Amended 11-14-2002 by L.L. No. 6-2002]
Pedestrian circulation system. In each CRD, a pedestrian circulation system shall be designed and installed in addition to the vehicular circulation system, which is sufficient for the needs of CRD residents. Such a system might be composed of paved and unpaved walkways and bikeways of appropriate width, design and location to serve their intended function.
Utilities and services.
Underground lines. All televisions, power and communication lines, as well as water, sewer and storm drainage lines, shall be installed underground in the manner prescribed by the regulations of the government agency or utility company having jurisdiction.
Approval. All buildings within CRD's shall be served by water supply and sewage treatment systems as approved by the appropriate government agency or agencies having jurisdiction thereof.
Future needs. Where facilities are provided they shall be planned in such a way as to anticipate future utility needs, and wherever reasonably feasible, shall be sited to reduce the capital costs associated with any future central utility construction.
Television hookups. Television hookups shall either be by cable television or a central antenna system designed to minimize adverse aesthetic impact.
Refuse collection. The CRD shall provide an adequate means of collection and storing refuse between collections. Any outside storage and garbage shall be in centrally located containers designed to prevent rodent infestations and shall provide sufficient screening as determined by the Planning Board.
Cooling systems. Cooling systems shall be designed so as to minimize adverse aesthetic impact.
Surface water runoff. Surface water retention facilities shall be developed so that the rate of stormwater runoff after construction is no greater than the rate of runoff prior to development.
Placement of utilities. Where possible, all utilities shall be placed within the right-of-way, and all possible steps shall be taken to avoid placement of utilities under the pavement, in order to assure ease of future maintenance.
Energy efficiency. The plan for development of any site within CRD Zones shall be designed and arranged in such a way as to promote energy efficiency and assure solar access for all dwelling units.
Protection of slopes. In general, all existing slopes over 15% shall be protected, and construction activities shall not be allowed on slopes over 15%. However, the Planning Board may allow construction or construction related activities, to the extent it finds appropriate, on slopes over 15% but less than 25% if, in it's sole discretion upon reviewing the record, it finds that any and all identified impacts of such construction can be appropriately mitigated and that slopes will properly be protected and stabilized during and after construction.
Affordable housing. At least 10% of the base number of permitted units must be affordable housing units as defined in § 194-3 and administered in accordance with Chapter 194, Article XXIII, entitled "Affordable Housing." Upon application of a developer, the Planning Board may permit up to an additional 5% of the units to be affordable units. For every affordable unit that is to be constructed, the developer shall be allowed to build one additional incentive market-rate unit, above the maximum number otherwise permitted under the applicable provisions of the code. This section shall apply to any property placed in the CRD project which has not received Phase 2 approval prior to the effective date of this subsection.
[Added 11-14-2002 by L.L. No. 6-2002]
§ 194-23 Applications procedure.
[Amended 9-26-2000 by L.L. No. 7-2000]
The application and approvals procedure shall consist of three sequential phases. The first phase shall be rezoning review by the Town Board. The second phase shall be the CRD Development Plan review by the Planning Board. The applicant may, prior to formal submission of his Development Plan application, meet in a preapplication conference with the Planning Board to review the requirements and procedures defined herein and to discuss the general planning concepts for the proposed development. The third phase shall be detailed site plan review of CRD sections by the Planning Board. Where the Town Board has rezoned lands into the CRD Zone as a direct action, in the absence of a petition, the property owner may proceed directly to the second phase of CRD review (CRD development plan review by the Planning Board). However, if the property owner seeks an increase of permissible density pursuant to § 194-22, the application shall comply with the provisions of the first phase of the review.
Phase 1: CRD rezoning application to the Town Board. The applicant shall first submit his application for formal legislative rezoning to the CRD Zone. The application for rezoning shall consist of the following, of which 25 copies shall be submitted to the Town Board.
CRD Development Plan. The CRD Development Plan shall be drawn at a scale of not less than one inch equals 100 feet and may consist of one or more sheets indicating the following information:
Ownership. Property lines and the names of all adjoining streets and property owners.
Neighboring uses. A map showing the uses of land in and adjacent of the site.
Topography. Topographic information, including contours with a vertical interval of no more than two feet.
Features. Existing natural and man-made features, including streams, wetlands, significant outcroppings, stone walls, floodplains, slopes over 15%, slopes over 25%, buildings and other improvements.
Circulation. The proposed elements of the vehicular and pedestrian circulation system.
Land use plan. A land use plan showing the proposed uses of the site, including open spaces and recreation area(s), the location of residential areas, their type, size and composition, any area of nonresidential use, sites reserved for public utilities, etc.
[1]Utilities and services. The nature and location of all utility and service systems and facilities, including sewer, water, storm drains, public utilities, refuse collection and antenna hookups.
[1]
Editor's Note: Former Subsection A(1)(g), Shadow plan, was repealed 11-14-2002 by L.L. No. 6-2002. This local law also redesignated former Subsection A(1)(h) and (i) as (g) and (h), respectively.
Applicant and owner. The name and address of the applicant, the property owner, and if the applicant is other than the property owner, evidence of his authority to act, and name and address of the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project.
Written statement. The written statement accompanying the CRD Development Plan shall consist of a text description of the proposed plan indicating how it will serve to implement the intent and purpose of such developments as set forth in this section, a preliminary analysis estimating the various quantitative elements of the plan, including the number of residential dwelling units (by type) calculated in accordance with the allowable density formula, the amount of nonresidential floor space, the number of off-street parking facilities, as well as the types of planned recreation facilities, proposals for the construction, operation and maintenance of all recreation facilities, open space, parking areas, walkways, utilities, roads and other common lands and facilities will be assured. The statement shall include a table or listing showing how each of the development requirements of this article have been met in the proposed plans.
Staging plan. A proposed plan indicating the approximate staging of building construction and related improvements within the CRD, including the general order of construction and the estimated timing of each stage.
List of approvals required. A list of approvals required from various governmental agencies prior to proceeding with the first stage and any subsequent stage of development.
Environmental documents. The application must in all respects comply with the New York State Environmental Quality Review Act (SEQR). A long form Environmental Assessment Form shall be submitted. If determined necessary, an EIS will be prepared in accordance with the requirements of SEQR, which will describe the anticipated physical impacts of the proposed development, including any negative impacts that may result and actions planned by the applicant to mitigate them.
Fee. The application and accompanying documents shall be accompanied by a filing fee as set from time to time by the Town Board. If an EIS is required, an additional fee will be set in accordance with SEQR site plan review of each phase of development will require additional fees in accordance with Subsection C(4).[2]
Preliminary appearance. The applicant shall appear at least once before the Town Board to explain the application and answer any preliminary questions of the Planning Board.
Planning board referral. To assist in its rezoning review, the Town Board will refer the proposed CRD Development Plan to the Town Planning Board for its review and recommendation pursuant to § 194-155 of the town's Zoning Chapter.
Other referral. To further assist in its rezoning review, the Town Board may refer the proposed CRD Development Plan to the Town Engineer, Town Planner and any such agencies or officials of the town, county or state government as the Board may determine appropriate.
Town Board action. The Town Board shall act on the rezoning application in accordance with Town Law.
Phase 2: Review of the CRD Development Plan by the Planning Board.
Submission. The CRD Development Plan, with any modifications made as a result to the rezoning, and all necessary documents to comply with SEQR shall be submitted to the Planning Board. The Planning Board and its professionals shall require the applicant to submit all information necessary in order for the Board to make its decision on the Development Plan application.
Public hearing on CRD Development Plan.
Deadline. Within 45 days of the date of receipt of all necessary documents, including SEQR compliance, unless such time shall be extended by consent of the applicant and the Board, the Planning Board shall hold a public hearing on the CRD Development Plan application.
Notice. Notice of such public hearings will be provided in accordance with law.
Compliance with standards. In arriving at a decision to approve or disapprove the CRD Development Plan application, the Planning Board shall determine whether the proposed uses meet the standards set forth in this section.
Natural features. The proposed arrangement of land uses, and their proposed layout on the site, including their compatibility to natural topographic features and adjoining properties.
Impact. The impact of the proposed development upon neighborhood properties and the community as a whole.
Staging plan. The staging plan shall be designed to assure that future residents of the first sections of the CRD shall have adequate services, including all utilities, streets, recreational facilities and landscaping, to suit their needs, even if future stages do not materialize.
Decision of Planning Board. Within 45 days of the date of the close of the public hearing, the Planning Board shall, by resolution, act either to approve, approve with modification or disapprove the CRD Development Plan application. If the application is disapproved, reasons shall be stated.
Effect of approval. Approval by the Planning Board, or approval with modifications, shall be deemed to authorize the applicant to proceed with the detailed design of the initial stage(s) of the proposed development and to submit applications for detailed site plan approval of such stage(s), or sections thereof, in accordance with the approved CRD Development Plan, and to therefore design and submit detailed site plan applications for each subsequent stage.
Subsequent action. The applicant shall not be deemed to waive any right of the Planning Board to a detailed review of any aspect of the development in the subsequent section or site plan review.
Expiration. Approval, or approval with modifications of the CRD Development Plan shall expire at the end of 12 months after the date of issuance, unless the applicant has submitted at least one detailed site plan application for a section of the CRD or such time limit is extended by the Planning Board for an additional 12 months.
Phase 3: Detailed Site Plan Approval of CRD Sections by the Planning Board.
Initiation of third stage. Subsequent to Planning Board approval of the CRD Development Plan application, the applicant shall proceed to the third stage of review which involves detailed site plan approval of the various sections of the CRD. The Planning Board may also entertain during Phase 3 any applications for other related project approvals appropriate to effectuate the CRD Development Plan, including but not limited to subdivision review and floodplain permits.
Site plan approval. The review and approval of the section site plans shall be in accordance with the standards, requirements and procedures of the site plan requirements of the Town of East Fishkill, with the additional requirements set forth herein. If any additional documents are necessary in order to comply with SEQR, these documents shall also be submitted. Site plan approval shall be required prior to the issuance of building permits within any section or stage of an approved CRD.
Phases. The site plan requirements, when applied to a review of the section of a CRD, shall be deemed also to include the factors listed in Phase 1: CRD Rezoning Application to the Town Board (see above) as those apply to each section of the CRD, and a detailed review of the adequacy, location, arrangement, design and appearance of each aspect of development listed in application procedure above. While the scope of the Planning Board's review of the site plan will generally relate to the section of the CRD at issue, the Planning Board shall have the authority to assure that aspects of the development (e.g., water, sewer, utilities, streets, etc.) which will later be used in service, or connect to, other sections of the CRD shall be adequate to suit the purposes and needs of the CRD development as a whole.
Fee. Each application for sectional site plan approval shall be accompanied by the appropriate fee for site plan approval as computed under the fee schedule in effect at the time the application is made.
Variation from CRD Development Plan. The specific type and number of proposed dwelling units within the development may be varied by no more than 10% from the distribution as shown on the approved CRD Development Plan, but in no case shall the total number of dwelling units in the entire CRD be permitted to exceed the number approved as a part of the CRD Development Plan.
Legal assurances. Each application for detailed site plan approval shall be accompanied by appropriate legal documents as may be necessary to provide for and assure that continued proper future maintenance and ownership responsible for all common areas, facilities and utilities within each stage of development or section thereof.
Other assurances. The Planning Board may condition its approval upon the applicant obtaining any other necessary approvals, licenses or permits from the appropriate town, county, state or federal agencies having jurisdiction thereof.
Phased approval. To assure orderly development within a CRD, the Planning Board shall only approve site plans and other Phase 3 approvals for subsequent sections of the CRD as the pace of development in preceding sections may warrant.
Performance bonds. The applicant shall post performance bonds in sufficient amounts of duration to assure that all streets or other public places shown on the site plan shall be suitably graded and paved and that street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, fire alarm signal devices, including necessary ducts and cables or other connection facilities, sanitary sewers and storm drains shall be installed, all in accordance with standards, specifications and procedures acceptable to the appropriate town departments.
Simultaneous submissions. The Planning Board may concurrently entertain an application of Phase 2 approval and Phase 3 of the first CRD section.
§ 194-24 General.
Review responsibility. Responsibility for site plans pursuant to the provisions of Town Law § 274-a shall be shared by the Planning Board and the Architectural Review Board as follows. For the types of development set forth in Article VIII, architectural features of a site plan shall be reviewed by the Architectural Review Board, pursuant to Article VIII, and all other elements of a site plan, including parking, means of access, screening, location of freestanding signs, landscaping, location and size of buildings, adjacent land uses and physical features meant to protect adjacent land uses, and other elements specified in Article VII of this Zoning Chapter shall be reviewed by the Planning Board, pursuant to Article VII. For the types of development not specified in Article VIII, all aspects of the site plan, including architectural features, shall be reviewed and approved by the Planning Board. In all cases, the site plan submissions shall comply with the requirements of Article VII and VIA, and the decisions to approve, approve with modifications or disapprove shall be made in accordance with those articles.
[Amended 4-24-1997 by L.L. No. 3-1997]
No building permit may be issued and no use may be established or changed without conformance with this section.
Site development plan approval by the Planning Board shall be required for the erection or enlargement of all buildings other than one- or two-family residences in all districts, and for all commercial, industrial and other nonresidential uses of land where no building is proposed. Changes of use with respect to plans previously approved by the Planning Board do not need to obtain amended site plan approval unless: site work is necessary pursuant to state and local codes; the applicant proposes discretionary site work exceeding 5% of the entire size of the applicant's lot; the proposed application will result in a shortage of parking spaces; or when a committee composed of representatives of the Town's engineering, planning, and legal staff believe that amended site plan approval is necessary based on an increase in the intensity of use or any significant changes to the criteria listed in § 194-26 of the Town Code. Intensity of use as used in this section is when tenant spaces are combined or modified resulting in excess of a 200% increase in gross floor area of a single tenant space. Referral to the Dutchess County Department of Health is required on sites serviced by on-site wastewater treatment systems.[1]
[Amended 9-22-2022 by L.L. No. 7-2022]
[1]
Editor's Note: Former Subsection D, regarding definitions, which immediately followed, was repealed 9-22-2022 by L.L. No. 7-2022.
§ 194-25 Application.
Submission in three stages. A site plan of any proposed development of land, prepared by a registered architect, licensed landscape architect and/or professional engineer, shall be submitted to the Planning Board for approval. The plans and elevations submitted for architectural approval, as provided in § 194-25B(2)(b), below, shall be prepared by a registered architect and/or a professional engineer. Where approval of the Architectural Review Board is required, the Zoning and Planning Office shall refer the materials relating to the ARB application to the ARB, pursuant to Article VIII. The plan shall normally be submitted in three stages:
[Amended 12-11-1986 by L.L. No. 5-1986; 2-8-1996 by L.L. No. 3-1996; 4-24-1997 by L.L. No. 3-1997]
Sketch plan. The sketch plan phase in the procedure is for the convenience of the applicant, and therefore is an optional step on behalf of the applicant. It is the intention of the Board to afford an opportunity to meet with the applicant and review the various requirements of this regulation prior to his presenting a formal preliminary site plan for review and approval.
Preliminary plan.
Final plan.
Simultaneous submissions. An applicant may, however, simultaneously submit the sketch plan and preliminary plan, or simultaneously submit the preliminary plan and final plan. However, in the event of simultaneous submissions, the requirements for all stages (§ 194-25B) must be met. Similarly, if an applicant does not submit a sketch plan, all the information normally required at the sketch plan phase shall be included with the preliminary site plan.
Fees.
Applicability. All submissions for site plan approval shall be accompanied by a fee to pay for the costs of the planning design and engineering review.
Environmental review. These fees do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act.
Site plan submission. Site plan submissions shall include the following information, together with any additional information required by the Planning Board in order to properly evaluate the application:
Sketch plan.
Buildings, road and property map. Map showing the applicant's entire property and adjacent properties and streets, at a convenient scale, including the approximate location and dimensions of all existing and proposed structures on the subject property and on adjacent properties within 250 feet of the site boundary.
Paved area. All existing paved areas.
Natural features. Existing topography, lawns, meadows, shrubs and trees (general location), watercourses and bodies of water, wetlands, rock outcrops and other prominent physical features.
Areas to be left undisturbed. Areas to be left undisturbed by earth moving machines.
Existing circulation. Existing pedestrian and vehicular circulation diagram for the site and immediate area.
Development team. The name and address of the applicant, and other planners, engineers, architects, landscape architects, surveyors and/or other professionals engaged to work on the project, shall be shown. Where the applicant or owner is a corporation, the Planning Board may require the names and addresses of all officers, directors and principal stockholders of said corporation.
Identification and location map. Tax parcel identification number(s) of property to be developed and location map showing location of property with respect to major nearby roads.
Preliminary plan.
Structures and circulation. One set of preliminary plans, elevations and sections of proposed structures and roads, showing the proposed location, dimensions, use and design of all buildings and structures, including any proposed division of buildings into units of separate occupancy and location of drives thereto, and showing the proposed location of all roads, pedestrian walkways, fire lanes and parking areas, including the relationship of the proposed traffic circulation system with that of neighboring uses.
Architectural features.
[Amended 4-24-1997 by L.L. No. 3-1997]
Plans and elevations of the proposed building or structure(s), prepared by a registered architect and/or professional engineer, showing the architectural features of all existing and proposed construction and the details of all elements of exterior design, including exterior materials, colors and texture, roof design (including mechanical equipment which will protrude above the roof), awnings and other decorative elements. The plans shall also show the relationship of the proposed structure(s) to neighboring structures as to height, scale, size, design, rhythm, setback, materials, texture, facade treatment and sign location and treatment. Such information shall be at a scale and of a quality to enable the ARB or Planning Board to assess the appearance of the proposed structure(s) and their relationship to their surroundings. Where necessary for such purposes, the Board may require perspective renderings or models to be submitted.
Where ARB approval is required, this information shall be forwarded to the ARB for review and approval under the provisions of Article VIII. The Planning Board may, in its discretion, commence its site plan review prior to the filing of the architectural elevations, but all such elevations must be filed with the Planning Board secretary by the Friday before the public hearing. If these are not filed, the secretary shall cancel the public hearing, and such public hearing shall be rescheduled after the elevations have been submitted.
Landscaping and screening. Preliminary grading, landscaping and screening plan. Existing topography and proposed grade elevations shall be shown at contour intervals of not less than five feet, unless otherwise specified by the Planning Board. The location, type and design of all waste handling facilities should be indicated.
Cut and fill. Extent and amount of cut and fill for all disturbed areas, including before-and-after profiles of typical development areas, parking lots and roads, and including plans for erosion and siltation control.
Stormwater retention. Provisions for on-site stormwater retention basins and infiltration systems during and after construction, designed to handle any increased rate of runoff, and to allow stormwater to filter into the groundwater beneath the project site.
Wells. Location and test yields in gallons per minute of all proposed on-site wells.
Drainage fields or percolation tanks. Location and percolation test results of all proposed drainage fields or percolation tanks.
Water supply and sewage disposal. Description of method of water supply and sewage disposal and location of such facilities. Location of wells and sanitary sewage disposal systems on abutting properties within 250 feet of the property line shall also be shown.
Lighting, power and communication facilities. Location and design of lighting, power and communication facilities.
Signs. Location, design and size of all signs.
Site improvements. Location of all existing and proposed site improvements, including drains, culverts, retaining walls and fences.
Outdoor storage. Location of any outdoor storage.
Uses. Detailed breakdowns of all proposed floor space by type of use.
Other industrial uses. In an Industrial district, specific uses proposed, number of employees for which buildings are designed, type of power to be used for any manufacturing process, type of wastes or by-products to be produced by any manufacturing process, and the proposed method of disposal of such wastes or by-products shall also be shown.
SEQR. The applicant must include an Environmental Assessment Form and any other necessary documentation to comply with SEQR. No application shall be deemed complete until a determination of no significance has been made or until a draft EIS has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy.
Other town requirements. The preliminary site plan shall also comply in all respects with the requirements and design standards of these regulations, and shall further comply with any other applicable town laws, ordinances, rules or regulations.
Requirements of other agencies. The preliminary site plan shall further comply in all respects with the requirements of other governmental agencies having jurisdiction in the review procedures of site plans.
Wetlands. The location of designated wetlands and their one-hundred-foot buffers, floodplains, floodways and surface waters shall be accurately shown.
Agricultural data statement. If any portion of the project is located on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in an agricultural district, the application must include an agricultural data statement containing the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district, which land contains farm operations and is located within 500 feet of the boundary of the property upon which the project is proposed; and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.
[Added 6-14-2001 by L.L. No. 3-2001]
All applications to the Planning Board shall review any and all Town planning documents/reports and comment on the applicability of these Town policies to the proposed application. The PB shall develop a list of these documents/reports, which shall be updated from time to time, to be reviewed and considered as part of the application. These documents/reports shall be listed on the application form.
[Added 2-27-2014 by L.L. No. 2-2014]
Final plan.
Structures. One set of final plans, elevations and sections of proposed structures.
Landscaping. Final grading and landscaping plan.
Trees. Individual trees over 12 inches caliper, with indication of those to be retained and those to be removed.
Owner consent note. The final plan shall contain a note in substantially the following form: "The undersigned, owner [contract vendee] of the property shown hereon states that he is familiar with this map, its contents, legends and notations, and hereby agrees and consents to all said terms and conditions as stated hereon."
Additional information. At the request of the Planning Board, any other pertinent information as may be necessary to determine and provide for the proper enforcement of this article shall also be provided.
§ 194-26 Standards.
All site plans shall meet the following minimum standards:
Conformance. The proposed use, buildings and other structures, including outside storage areas, recreational areas, site development, landscaping and off-street parking and loading, shall conform to all of the requirements of this Zoning Chapter, Chapter 163, Subdivision of Land, Chapter A197, Highway Specifications, and all other applicable town laws.
Access and circulation. Convenient and safe access and traffic circulation for both pedestrians and vehicles shall be provided to all parts of the site intended for their use. Mixing of vehicular and pedestrian or bicycle traffic shall be avoided. A linkage with the road and path systems of abutting properties shall be provided. Sidewalks shall be provided along commercial highways in commercial zones where pedestrian activity is anticipated to occur.
[Amended 11-14-2002 by L.L. No. 11-2002]
Neighborhood. All aspects of the site plan, architectural plans and location and dimension of buildings, shall be of such character as to harmonize with the neighborhood, to accomplish an appropriate transition in character between areas of unlike character, to protect property values, and to preserve and enhance the appearance and beauty of the community, and to avoid an adverse impact on adjacent land uses, or on the traffic circulation systems serving the surrounding area.
Architectural features. The site plan shall meet the adopted guidelines of the East Fishkill Design Handbook completed in January 1997, prepared by Buckhurst, Fish and Jacquemart. Where the proposed construction, additions, alterations or remodeling falls within the provisions of Article VIII, then the architectural features shall be reviewed by the Architectural Review Board. In all other cases, the architectural features shall be reviewed by the Planning Board.
[Added 4-24-1997 by L.L. No. 3-1997]
Natural features. The site plan shall reflect an awareness of sensitivity to the views, terrain, soils, plant life and other qualities of the site and shall, to the maximum extent possible, preserve and enlarge upon these assets for recreation, scenic or conservation purposes. The site plan shall minimize dangers of flooding and other drainage problems and shall be compatible with preservation of groundwater quality and aquifer protection. The site plan shall also be designed to avoid, insofar as possible, interfering with the actual or potential solar energy use of nearby properties.
Utility lines. All utility lines shall be kept below grade, unless the Planning Board finds, on the basis of documentation submitted by the applicant, that the placement of such lines above ground shall not cause any adverse environmental impacts and will otherwise meet the standards of this chapter.
State Environmental Quality Review. The requirements of SEQR, including any appropriate mitigation measures, must be met. The Planning Board shall evaluate and consider the agricultural data statement, if any, in its review of the possible impacts of the proposed project upon the functioning of farm operations within the relevant agricultural district.
[Amended 6-14-2001 by L.L. No. 3-2001]
Reservation of parkland on site plans containing residential units.
[Amended 6-14-2001 by L.L. No. 3-2001]
Before such Planning Board may approve a site plan containing residential units, such site plan shall also show, when required by the Board, a park or parks suitably located for playground or other recreational purposes.
Land for park, playground or recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the town based on projected population growth to which the particular site plan will contribute.
In the event the Planning Board makes a finding pursuant to Subsection A(8)(b) of this section that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Planning Board may require a sum of money in lieu thereof, payable at the time of final plat approval, in the amount of $2,000 per unit for affordable housing units, as defined under § 194-164 of this Code, and $4,000 per unit for all other residential units in the site plan or section thereof being considered for approval at the time. All moneys paid under the provisions of this section shall be deposited into the East Fishkill Recreation Trust Fund, to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property. In making its determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood.
[Amended 10-28-2004 by L.L. No. 8-2004[1]]
[1]
Editor's Note: This local law also stated that it would apply to residential site plans which received conditional final approval after the effective date of the law and that applicants would receive credit for any fees previously paid.
Notwithstanding the foregoing provisions of this subsection, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to Town Law § 276, the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof, under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.
Performance bond or other security. As an alternative to the installation of required infrastructure and improvements prior to approval by the Planning Board, a performance bond or other security sufficient to cover the full cost of the same, as estimated by the Planning Board or a town department designated by the Planning Board to make such estimate, where such departmental estimate is deemed acceptable by the Planning Board, shall be furnished to the town by the owner. Such security shall be provided to the town pursuant to the provisions of Subdivision 9 of § 277 of the Town Law.
[Added 6-14-2001 by L.L. No. 3-2001]
The standards set forth herein have been found to be consistent with the guidelines set forth in Greenway Connections. The Planning Board, in its deliberations on any discretionary actions under this chapter, shall consider the statement of policies, principles and guidelines in Greenway Connections as the Planning Board deems appropriate and relevant in its deliberations on such discretionary actions.
[Added 11-14-2002 by L.L. No. 1-2002]
§ 194-27 Action by Planning Board.
[Amended 4-24-1997 by L.L. No. 3-1997]
Referrals. If the application includes an agricultural data statement, the Board Clerk shall mail written notice of such application, including a description of the proposed project and its location, to the owners of land as identified by the applicant in the statement. At least 10 days before the public hearing, the Planning Board Clerk shall mail notices thereof to the applicant and to the County Planning Agency, if required, under General Municipal Law Section 239-m, which notice shall be accompanied by a full statement of such proposed action, as defined in General Municipal Law § 239-m. All applications requiring an agricultural data statement shall be referred to the County planning department as required under General Municipal Law § 239-m.
[Amended 6-14-2001 by L.L. No. 3-2001]
Hearing.
The Planning Board shall fix a time within 62 days from the date a complete application for preliminary site plan approval is made for a public hearing, and shall give public notice thereof by publication in the official newspaper of such hearing at least five days prior to the date thereof. The Planning Board is not authorized to commence its public hearing unless the elevations are filed with the Planning Board secretary by the Friday before the public hearing. If these are not filed, the secretary will cancel the public hearing, and it will be rescheduled after the elevations are filed. The Planning Board shall decide the application within 62 days after the close thereof, subject to the requirements of SEQR and General Municipal Law § 239-m. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. However, no default approval shall be deemed granted by the Board for failure to comply with the sixty-two-day time period, either to open the public hearing or to render a decision.
A further public hearing on an application for final site plan approval shall not be required in every case. However, nothing herein shall preclude the holding of a public hearing an any such matter on which a public hearing on a final site plan application where the Planning Board deems it appropriate. If such hearing is held, it shall take place, and decision be rendered, within the time periods set forth in Subsection B(1). If no hearing is held, a decision on a final site plan should be rendered within 62 days after submission of the complete application for final approval, subject to the requirements of SEQR and General Municipal Law § 239-m, as well as the requirements of this section.
The ARB is not required to hold a separate public hearing on the application for architectural approval. However, during the Planning Board hearing, the public is entitled to comment on any issues relating to the architectural elements of the site plan, and any such comments shall be noted in the minutes and immediately transmitted by the Planning Board secretary to the Architectural Review Board.
The ARB shall promptly submit comments to the Planning Board concerning the visual impact issues and any other environmental issues relating to the architectural features. Where practicable, the ARB may also forward informal comments to the Planning Board on any review that the ARB has undertaken. All such comments should be submitted to the Planning Board prior to the close of the public hearing.
The ARB shall not issue a final decision on the application until after the close of the Planning Board's public hearing, so that any public comments may be transmitted; a negative declaration or SEQR findings have been issued by the Planning Board as lead agency; or until the ARB has made its own SEQR determination, if there is an uncoordinated review.
Decision on final site plan.
The Planning Board may approve, approve subject to modifications or conditions, or disapprove a site plan. The Board's decision shall be made by resolution of the Planning Board. The signature of the site plan by the Chair shall evidence approval of the site plan, including approval of the Architectural Review Board under Article VIII, and compliance with all conditions the Planning Board has imposed as part of its approval.
The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of a site plan, any such conditions must be met prior to the issuance of any building permits or certificates of occupancy, as the Planning Board may more fully set forth in its approval resolution.
Where the Board grants conditional approval of a site plan, the satisfactory completion of all such conditions shall be evidenced by the signature of the site plan by the Chair.
In the case of site plans which also require Architectural Review Board approval under Article VIII, the Planning Board Chair shall not sign the site plan until the ARB has issued approval, or approval subject to conditions.
All signed site plans shall contain a note, in form approved by the Planning Board Chair, to the effect that amended site plan approval is required for an expansion of use or a change of use as defined in this Zoning Chapter. Where the site plan also requires Architectural Review Board approval, then the site plan must also bear a note, in form approved by the ARB Chair, to the effect that amended ARB approval is required for any changes within the scope of § 194-34.
The decision of the Planning Board shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.
Planning Board initiative. The Planning Board may, on its own initiative, propose a general or specific site plan for a particular area where site development approval may be required in the future, using as a guide the requirements of this chapter.
Performance bonds. The applicant may be required to post performance bonds in sufficient amounts and duration to assure that all streets or other public places shown on the site plan shall be suitably graded and paved and that street signs, sidewalks, street lighting standards, curbs, gutters, street trees, water mains, fire alarm signal devices, including necessary ducts and cables or other connecting facilities, sanitary sewers and storm drains or combined sewers shall all be installed in accordance with standards, specifications and procedure acceptable to the appropriate town departments.
Expiration. A site plan shall be void if construction is not started within one year and completed within two years of the date of the final site plan approval, except that such site plan approval may be renewed by the Planning Board at their discretion, for good cause shown.
§ 194-28 Appointment; membership.
Appointment.
There is hereby created an Architectural Review Council (ARC) to administer this article. The ARC shall be appointed by the Town Board of the Town of East Fishkill and shall consist of five members, all of whom shall be residents of the Town of East Fishkill. Members shall serve without compensation. Of the members first appointed, three members shall be appointed for two-year terms and two members shall be appointed for one-year terms. Their successors shall be appointed for two-year terms. Vacancies shall be filled by the Town Board for unexpired terms of any members whose position on the ARC shall become vacant.
The Town Board may appoint two alternate members to the ARC who shall serve for a two-year term. The alternates shall be members of the Board for all purposes in the absence of any regular member.
Members. The ARC members shall, insofar as possible, be chosen for qualification and training in the fields of architecture, landscape architecture, construction, planning, design or other related disciplines.
Chairman. The Town Board shall, from time to time, designate one member of the ARC as Chairman.
Quorum and meetings. Three members of the ARC shall constitute a quorum for the transaction of business. Decisions of the ARC shall be the result of a majority vote of the membership. Meetings shall be conducted under the Open Meetings Law.[1] The ARC is also authorized to make site visits.
[1]
Editor's Note: See Public Officers Law § 100 et seq.
Coordination with other Town agencies. The ARC shall coordinate its activities with the Building Inspector and Zoning Administrator, the Planning Board, Zoning Board and Town Board to promote quality and efficiency in the review process. The ARC may issue advisory reports or recommendations relating to the visual environment.
§ 194-29 Functions of ARC.
Review of proposed construction. The ARC shall review and advise as to the exterior architectural features of proposed construction, additions, alterations or remodeling of the following buildings or structures, and prior to the issuance of any building permit, and, where site plan approval is required, prior to the grant of an unconditional final approval of the site plan or the signing of any site plan to evidence compliance with all conditions of approval. In cases where site plan approval is required, the Architectural Review Council shall advise as part of the overall site plan review, in coordination with the Planning Board. Such ARC advisory opinion shall be required for the following buildings and structures:
Any buildings and/or structures in a B-1, B-2, I-1, I-2, I-3, PBN, PCP or PRDP Zone.
Any buildings and/or structures in the PRD and CRD Zones.
Any buildings in a cluster subdivision which contain two or more dwelling units, including attached and semidetached units.
Signs. The Architectural Review Council shall have such authority over signs as may be delegated to that Council in the future by the Town Board.
Advisory reports. The ARC shall render advisory reports whenever requested to do so by another board.
Effect on other reviews. The approvals required herein shall be in addition to any site plan or special permit approval presently required by law, subject to the following:
The review process shall be coordinated to the maximum extent possible as provided in § 194-28E. To the extent possible, the ARC and the Planning Board and/or Zoning Board shall conduct their reviews concurrently, and shall coordinate their reviews to avoid delay, expense and repetitious procedures for the applicant.
The Planning Board shall retain exclusive jurisdiction over all elements of the site plan and architectural features.
§ 194-30 Submission procedures.
Applications for construction which also require site plan or special permit approval shall be submitted to the Zoning and Planning Office as part of the submission for the site plan or special permit. Applications for modification, reconstruction or remodeling, or other construction, not requiring site plan or special permit approval, shall be submitted to the Building Inspector. The application shall be forwarded to the ARC within seven days of the receipt of a completed application meeting the above standards.
The applicant shall provide the following to the ARC:
Plans and elevations of the proposed building or structure(s), prepared by a registered architect and/or professional engineer, showing the architectural features of all existing and proposed construction and the details of all elements of exterior design, including exterior materials, colors and texture, roof design (including mechanical equipment which will protrude above the roof), awnings and other decorative elements. The plans shall also show the relationship of the proposed structure(s) to neighboring structures as to height, scale, size, design, rhythm, setback, materials, texture, facade treatment and sign location and treatment. Such information shall be at a scale and of a quality to enable the ARC to assess the appearance of the proposed structures and their relationship to their surroundings. Where necessary for such purposes, the ARC may require perspective renderings or models to be submitted. Notwithstanding the foregoing, where a renovation or modification does not require site plan approval, the drawings need not be prepared by a licensed professional, but must be legible and clearly portray the architectural features to be reviewed.
A description of all exterior materials. Samples shall be submitted to the ARC upon request.
§ 194-31 Standards for review.
The ARC shall review the exterior architectural features of the proposed construction, additions, alterations or remodeling, and evaluate them in accordance with the adopted guidelines set forth in the Town of East Fishkill Design Handbook, dated January 1997, as such may be amended from time to time. The standards set forth herein have been found to be consistent with the guidelines set forth in Greenway Connections.[1] The Architectural Review Council, in its deliberations on any discretionary actions under this article, shall consider the statement of policies, principles and guidelines in Greenway Connections as the Architectural Review Council deems appropriate and relevant in its deliberations on such discretionary actions.
In exercising its authority, the ARC shall consider costs of materials, availability of materials, and the needs and objectives of the project sponsor. The ARC shall make every reasonable effort to find a means of achieving the applicant's goals in conformance with the purposes of this article. Where the ARC has objections to a proposal, it shall make every effort to work with the applicant in developing an economically feasible plan to address the ARC's objections.
§ 194-32 Findings and decision of ARC.
Authority of ARC. The ARC shall only be authorized to issue advisory opinions.
Coordination with Planning Board on site plan reviews.
The ARC shall not hold a separate public hearing for an architectural advisory opinion. However, during the Planning Board hearing, the public is entitled to comment on any issues relating to the architectural elements of the site plan, and any such comments shall be noted in the minutes and immediately transmitted by the Planning Board Secretary to the Architectural Review Council.
The ARC shall promptly submit comments to the Planning Board concerning the visual impact issues and any other environmental issues relating to the architectural features. Where practicable, the ARC may also forward informal comments to the Planning Board on any review that the ARC has undertaken. All such comments should be submitted to the Planning Board prior to the close of the public hearing.
Time for decision. The ARC shall issue its advisory opinion within 45 days of receiving all necessary plans and materials for review. If it fails to do so, the approving authority may proceed without the ARC advisory opinion.
§ 194-33 Effect on other approvals.
Effect of decision. The Building Inspector shall not issue any permit, including a building permit or a certificate of occupancy, for any construction, additions, alterations or remodeling, the architectural features of which the ARC has not issued an advisory opinion on within the required time period. The Building Inspector may approve a building permit for proposed construction, additions, alterations or remodeling conditionally approved by the Planning Board as soon as the conditions specified in such conditional approval have been fulfilled, provided that the proposed construction, additions, alterations or remodeling otherwise qualifies for a building permit. The Building Inspector may issue a building permit for proposed construction, additions, alterations or remodeling approved by the Planning Board, provided that it otherwise qualifies for a building permit.
§ 194-34 Enforcement; penalties for offenses.
No building permit or certificate of occupancy shall be issued until the applicant shows compliance with this article.
No construction shall take place except as approved by the approving agency pursuant to the provisions of this article.
Any person or corporation who violates this article, or who engages in construction without obtaining the required approvals as required in this article, or who engages in construction contrary to the provisions and conditions set by the approving agency, or any person who uses any building or structure constructed in violation of this article or in violation of the provisions or conditions of any approval or building permit as required by this article shall be liable, upon conviction, to a fine of up to $250 or imprisonment for not more than 15 days, or both, for each offense. Each and every week that such violation continues shall constitute a separate offense.
Nothing in this article shall be construed as depriving the Town or the Town Board of any other available remedy, either of a civil or criminal nature, as provided by law.
§ 194-37 General.
Certain uses listed on the schedule of uses require a special permit. No such use shall be established, and no building permit therefor shall be issued until such special permit is granted by the appropriate reviewing agency as set forth in § 194-38A of this article. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
§ 194-38 Appropriate reviewing agency.
Planning Board. Pursuant to Town Law § 274-b, Subdivision 2, the Planning Board is hereby empowered to review special permit applications, as provided in this chapter for the establishment of the following uses:
Hotels.
Large scale recreation developments and camps.
Churches, schools and public uses.
Hospitals.
Commercial stables and riding academies.
Historic structures.
Stationary solicitors, peddlers and vendors.
[Added 9-14-1989 by L.L. No. 5-1989]
Zoning Board of Appeals. All other special permit applications shall be reviewed by the Zoning Board of Appeals, except that the Planning Board shall also have concurrent jurisdiction with the Zoning Board of Appeals with respect to any special permit normally granted by the Zoning Board of Appeals when the Planning Board has before it either a site plan and/or subdivision application for which they are conducting an approval process which also requires a Zoning Board special permit. The issuance by the Planning Board of a special permit under the jurisdiction of the Zoning Board of Appeals is specifically limited to those occasions when the Planning Board has before it an application for site development plan approval and/or subdivision approval.
[Amended 12-18-2008 by L.L. No. 7-2008]
§ 194-39 Applications and fees.
[Amended 12-11-1986 by L.L. No. 5-1986]
Applications for a special permit shall be made on forms provided by the appropriate reviewing agency. The application must include an environmental assessment form and all necessary documentation to comply with SEQR. No application shall be deemed complete until a determination of no significance has been made or until a draft EIS has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy.
Fees. Application for a special permit shall be accompanied by an application fee as set by the Town Board. If the application requires a site plan approval, the applicable site plan fee shall also be submitted, pursuant to Article VII, Site Plan Approval. All fees are in addition to any required escrow. The fees for special permits may be modified from time to time by the Town Board by resolution.
[Amended 2-8-1996 by L.L. No. 3-1996; 6-14-2001 by L.L. No. 3-2001]
Environmental review. These fees do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act.
§ 194-40 Procedures.
[Amended 6-14-2001 by L.L. No. 3-2001]
Within 62 days of receipt of a completed application, the approving agency shall hold a public hearing and give public notice thereof by publication in the official newspaper at least five days prior to the date of the hearing. Within 62 days of the close of such hearing, and subject to the requirements of SEQR and General Municipal Law §§ 239-l and 239-m, the reviewing agency shall approve, disapprove or approve with modifications and conditions the special permit application. Where the Zoning Board of Appeals is the reviewing agency, conditions may include Planning Board site plan approval under Article VII of the East Fishkill Zoning Code. The decision of the reviewing board shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.
Agricultural data statement. If any portion of the project is located on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in an agricultural district, the application must include an agricultural data statement containing the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district, which land contains farm operations and is located within 500 feet of the boundary of the property upon which the project is proposed; and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.
The reviewing agency shall consider plans for site layout and design of the proposed use, containing elements relating to parking, means of access, screening, signs, location and dimension of buildings, impact of the proposed use on adjacent land uses, and such other elements as may be reasonably related to the health, safety and general welfare of the community.
Where the reviewing agency is the Planning Board and the use is also subject to site plan approval, the Planning Board may concurrently review the special permit and site plan applications.
Referrals. If the application includes an agricultural data statement, the Board Clerk shall mail written notice of such application, including a description of the proposed project and its location, to the owners of land as identified by the applicant in the statement. At least 10 days before the public hearing, the Board shall mail notices thereof to the County Planning Agency, if required, under General Municipal Law § 239-m, which notice shall be accompanied by a full statement of such proposed action, as defined in General Municipal Law § 239-m. All applications requiring an agricultural data statement shall be referred to the County Planning Department as required under General Municipal Law § 239-m.
The time periods stated herein may be extended by mutual consent of the applicant and the reviewing board.
In the process of reviewing applications, the appropriate reviewing agency shall have the authority to interpret the ordinance.
§ 194-41 Required plans.
Plans for the proposed development of a site for a permitted special use shall be submitted with an application for a special permit, except for such exceptions specified herein. Such plans shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping and any other pertinent information that may be necessary to determine whether or not the proposed special use meets the requirements of this article. The reviewing Board may require such other information as it needs to evaluate the application under SEQR. All applications to the Planning Board for a special permit, which also require Planning Board site plan approval under Article VII, shall include plans that meet the requirements of that section. The application for a special permit shall be accompanied by a fee which shall be fixed from time to time by the Town Board by resolution.
§ 194-42 Expiration.
A special permit shall be deemed to authorize only the particular special use or uses permitted in any district shall expire if:
Construction and commencement. Construction has not been commenced within one year, and has not been completed within two years, of final special permit approval; if no construction is involved, the use has not been commenced within one year of final special permit approval.
Cessation. The special use or uses shall cease for more than 12 months for any reason.
§ 194-43 Existing violations.
No permit shall be issued for a special use for a property where there is an existing violation of this chapter.
§ 194-44 Standards for all special permit uses.
The appropriate reviewing agency shall issue a special permit only upon a finding that each and all of the following conditions are met:
Impact on district. The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
Adjacent properties. The location, nature and height of buildings, walls and fences and the nature and extent of the landscaping of the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
Impacts on neighboring properties. Operations in connection with the special use shall not cause more severe impacts to nearby properties by reason of noise, fumes, odors, vibrations, flashing lights or other operational characteristics than would the operations of any permitted use not requiring a special use permit.
[Amended 6-14-2001 by L.L. No. 3-2001]
Impact on surrounding properties. Neighborhood character and surrounding property values shall be reasonably safeguarded. The reviewing agency shall evaluate and consider the agricultural data statement, if any, in its review of the possible impacts of the proposed project upon the functioning of farm operations within the relevant agricultural district.
[Amended 6-14-2001 by L.L. No. 3-2001]
Traffic. The use shall not cause undue traffic congestion or create a traffic hazard.
Parking. Parking areas shall be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.
Services. The use shall be appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities.
SEQR. All requirements of SEQR shall be met.
Additional standards.
Special uses shall also be subject to all applicable standards contained in the supplementary use regulations.
Special uses shall also be subject to any and all applicable local, state or federal laws, codes, rules or regulations.
The standards set forth herein have been found to be consistent with the guidelines set forth in Greenway Connections. The appropriate reviewing agency, in its deliberations on any discretionary actions under this chapter, shall consider the statement of policies, principles and guidelines in Greenway Connections as the appropriate reviewing Board deems appropriate and relevant in its deliberations on such discretionary actions.
[Added 11-14-2002 by L.L. No. 1-2002]
§ 194-45 Referral to AAB.
In order to assist the appropriate reviewing agency in reviewing a special permit application, such agency may refer the matter to the Architectural and Historic District Advisory Board for recommendation. Such recommendation shall be considered advisory, and the final determination of the special permit application shall be made by the appropriate reviewing agency.
§ 194-46 Conditions.
[Amended 6-14-2001 by L.L. No. 3-2001]
The authorized Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. Any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the town.
§ 194-46.1 Accessory retail, professional, and/or personal services in large cluster subdivisions.
[Added 11-14-2002 by L.L. No. 7-2002]
Authority of the Town Board. Authorization is hereby granted to the Town Board, Town of East Fishkill, to permit accessory retail, professional office space, and/or personal services in cluster subdivision developments in excess of 100 acres, provided that the Board finds that the application meets all of the general conditions of Article IX and further meets all of the applicable conditions set forth in this section.
Purpose. The purpose of this section is to serve the needs of residents of large-scale cluster subdivisions, to avoid the necessity of time spent traveling to larger shopping areas, and to help decrease traffic to and from major shopping areas, thus serving the public interest.
Standards for special permit.
The accessory retail and/or personal services building(s) shall not exceed a total of 10,000 square feet of gross floor space. No more than 33% of the gross floor space shall be devoted to professional office space. The total area of all buildings and parking shall not exceed 1% of the total land area of the cluster subdivision.
The facilities shall be appropriately sited within the cluster to provide convenient accessibility to cluster residents.
The facilities shall provide sufficient parking, meeting the standards set forth in this chapter. The Town Board may reduce the parking required by up to 20% upon a finding, in its discretion, that such reduction is justified by factors such as other available existing parking, or pedestrian/bicycle use.
The facilities shall be properly landscaped and screened from adjoining residential uses.
The facilities shall comply with the bulk and area requirements for lots in a cluster subdivision, except that the Town Board may permit the front yard for commercial or retail space to be reduced to a minimum of zero, provided that a minimum five-foot landscaping strip with trees and a minimum five-foot wide sidewalk is constructed between the road or parking area and the storefront.
§ 194-46.2 Special permits for parking.
[Added 10-28-2010 by L.L. No. 6-2010]
Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit relief from the required number of parking spaces in all commercial and industrial zones by special permit, provided that the Board finds that the application meets all the general conditions of Article IX (Special Permits) and further meets all of the applicable conditions set forth in this section.
Purposes for special permit for a change in parking space requirements: permit a change in the parking space requirements required by § 194-18, Off-Street Parking Schedule, to:
Permit flexibility of design and development in such a way as to promote superior land planning design, greater efficiency and convenience in the arrangement of land uses and their supporting infrastructure, preserve open space, protect floodplains and other natural features and otherwise encourage the most appropriate use of land.
Master Plan: promote a development pattern in harmony with the objectives of the Town's Master Plan.
Categories of parking special permits.
Categories.
Waived parking. A percentage of the number of off-street parking spaces required by § 194-18 of this Zoning Code for a use or uses in the nonresidential districts may be waived by special permit.
Land-banked parking. A percentage of the number of off-street parking spaces required by § 194-18 of this Zoning Code for a use or uses in the nonresidential districts may be land-banked by special permit.
Shared parking. A percentage of the number of off-street parking spaces required by § 194-18 of this Zoning Code for a use or uses in the nonresidential districts may be shared by special permit.
Pedestrian access. Any proposals submitted which, in the opinion of the Planning Board, provide direct and vital pedestrian access to other abutting commercial properties and serve to improve pedestrian accessibility may reduce the number of parking spaces required by 15%. Pedestrian access shall be provided through improved pathways, stairway access or other physical improvements, and such access shall be clearly marked.
A special permit for parking may be granted for one of the categories listed above or a combination of the categories, provided that the application meets the minimum standards for the special permit and any applicable criteria for the special permit category or categories.
Special permit criteria.
The Planning Board, by special permit, may grant relief from the parking requirements required by § 194-18, Off-Street Parking Schedule, based on the following criteria and other applicable provisions presented in this subsection:
The capacity, location and current level of use of existing parking facilities, both public and private;
The efficient and maximum use in terms of parking needs and services provided by avoiding excess parking, poor site design, and inefficient use of capital and resources;
The relief of traffic and parking congestion;
The safety of pedestrians;
The provision of reasonable access by walking distance;
The maintenance of the character of the area by reducing impervious surfaces and allowing for larger landscaped areas;
The reduction of runoff and stormwater impacts;
The avoidance of impacts to environmentally sensitive lands.
Minimum standards for issuing a special permit for parking:
A special permit application for parking shall be submitted to the Planning Board. The application shall indicate the category or categories of parking relief requested.
The applicant must provide the Planning Board with a brief written report presenting the actual parking requirement per § 194-18, the proposed parking requirement alternative, and the percentage of the number of off-street parking spaces to be waived, land-banked, and/or shared. If pedestrian access is proposed, the report shall describe how the proposed pedestrian access would improve pedestrian accessibility and reduce the number of parking spaces required. The report should also include a statement describing why the proposed parking relief is warranted, including how the parking relief would provide a direct benefit to the Town.
The Planning Board may require the applicant to submit a parking study demonstrating the parking demand for the proposed use based on data from the Institute of Traffic Engineers (ITE), field data and other appropriate source material. The scope or detail of such reports or studies shall be determined by the Planning Board. Such reports or studies shall be paid for by the applicant. In its decision, the Planning Board may also require the applicant to provide a parking survey within a year of receipt of the certificate of occupancy to demonstrate that the number of parking spaces provided is sufficient for the site and that the reduction in parking is not adversely affecting the traffic, safety and welfare of the residents of the Town of East Fishkill.
Special permits granted for providing pedestrian access shall not reduce the number of parking spaces required by more than 15% of the total required parking for the site. No more than 50% of the total number of required parking spaces serving a use may be waived, granted for pedestrian access, land-banked, and/or shared.
A site plan showing existing conditions and the proposed parking including all proposed land-banked parking, and shared parking areas. Special permit applications for providing pedestrian access shall provide a site plan showing existing conditions and all proposed pedestrian improvements, including sidewalks, pathways, stairway access or other physical improvements. All applications for land-banked parking and any other applications where the Planning Board deems it a necessary condition of approval, will be required to provide a site plan proving to the satisfaction of the Planning Board that the site could accommodate the number of parking spaces required per § 194-18 within the confines of the lot itself and serving such lot.
The Planning Board may also, during its review of an application, request such other and further information as it finds necessary to make a thorough evaluation of the applicant's proposal.
Additional conditions for shared parking special permits. Shared private parking facilities for different buildings or uses are subject to the following additional provisions:
In the written report described in the standards of § 194-46.2D(2)(b) above, the applicant must also demonstrate that the two land uses have differing peak hours (or days or seasons) of parking demand and that the total parking demand at any one time would be adequately served by the total number of parking spaces provided. The scope or detail of such reports or studies, which may require data from the Institute of Traffic Engineers (ITE), field data and other appropriate source material shall be determined by the Planning Board. Such reports or studies shall be paid for by the applicant.
No more than 50% of the parking spaces serving a building may be used jointly for other uses which are not normally open or operated during similar hours.
Agreements for construction and maintenance. A written agreement acceptable to the Planning Board defining the joint use, maintenance, and construction of the common parking facility shall be executed by all parties concerned and approved by the Planning Board as part of the special permit process. Such agreement shall be recorded as a deed restriction.
The applicant may be asked to provide a site plan proving to the satisfaction of the Planning Board that the site could accommodate the number of parking spaces required per § 194-18 within the confines of the lot itself and serving such lot.
Any subsequent change in land uses for which the special permit was approved and which results in the need for additional parking spaces shall require a new special permit application under this section.
§ 194-46.3 Contractor's recycling yard.
[Added 5-26-2011 by L.L. No. 4-2011]
Purpose. The purpose of this section is to allow the recycling and processing of compost and uncontaminated solid waste resulting from land clearing and blacktop removal including asphalt, natural wood materials, bricks, concrete and other masonry products, as well as topsoil screening.
Standards.
Limitations on contractor's yards/contractor's recycling yards. No person shall operate any contractor's yard/contractor's recycling yard without a special permit from the Planning Board or Building Inspector, as applicable. The following materials can be temporarily stored, processed, handled, and/or screened at contractor's yards/contractor's recycling yards: compost; land clearing debris; blacktop/asphalt; natural wood materials; bricks, concrete and other masonry products; and topsoil.
Compliance with applicable law:
Prior to issuance of the special permit, the applicant shall have complied with all applicable federal, state, county or local requirements, rules or regulations as they relate to the storage, processing, handling or screening of the following materials: compost; land clearing debris; blacktop/asphalt; natural wood materials; bricks, concrete and other masonry products; and topsoil. If a contractor's yard/contractor's recycling yard is required to create an improvement or structure to meet a future applicable law, the Planning Board shall have the authority to modify the conditions of the special permit herein if it is determined that these standards are in conflict with any applicable federal, state, county or local requirements, rules, or regulations as they relate to the storage, processing, handling or screening of the following materials: compost; land clearing debris; blacktop/asphalt; natural wood materials; bricks, concrete and other masonry products; and topsoil.
Applications for a special permit must specify the materials that will be stored, processed, handled or screened at the site, their location on the site, and the maximum amount of time that these materials will be stored.
Location. Contractor's yards/contractor's recycling yards shall be permitted only within industrial districts (I-1 and I-3). The property shall have at least 100 feet of road frontage.
Minimum lot size. The minimum lot size shall be 10 acres for the operation of a contractor's yard/contractor's recycling yard. Facilities should be confined to the smallest practical area.
Setbacks.
Buildings not used for the stated purpose of this special permit (i.e., accessory office building) would be required to meet the setbacks requirements of the applicable industrial district.
No buildings, structures, parking areas, or outdoor storage areas used as part of a contractor's yard/contractor's recycling yard legally established before the effective date of this chapter and nonconforming as to setbacks shall be required to conform therewith.
Wetlands & Water bodies shall have a buffer of at least 100 feet or such greater buffer, as the authority under whose jurisdiction the wetland or water body is governed, shall determine.
Setbacks, buffering and screening. The contractor's yard/contractor's recycling yard, including structures, buildings, parking areas, and outdoor storage areas shall be screened from any surrounding uses as required by the Planning Board. At a minimum, 50 feet of the outside perimeter of the setback area shall be vegetated or landscaped unless the Planning Board determines a smaller or larger vegetated or landscaped area would be appropriate. The type of screening shall be at the discretion of the Planning Board, based on consideration of protecting surrounding uses, minimizing noise, odor, and adverse aesthetic impact.
[Amended 10-25-2012 by L.L. No. 8-2012]
Unloading and loading areas. Unloading and loading areas shall be adequate in size to facilitate efficient unloading from the collection vehicles and the unobstructed movement of vehicles.
Inspection. Procedures shall be in place to inspect all materials upon arrival at the facility to ensure that they are appropriate to the permitted operation and to ensure that deliveries of materials that cannot be safely handled and processed at the facility are not accepted.
Disposal of materials. No materials shall be disposed of into the ground, air, or into any water bodies except pursuant to applicable permits and approvals issued by federal, state, and county health and environmental agencies.
Facility management. All reasonable measures shall be employed to collect, properly contain, and dispose of all materials and leachate, including frequent policing of the area. The facility shall be managed in such a manner that noise, dust and odors do not constitute a hazard to human health. The facility shall be managed in such a manner that the attraction, breeding and emergence of birds, insects, rodents and other vectors do not constitute a health hazard.
Observing provisions. The facility shall comply with all applicable provisions of this chapter, including § 194-48, Obnoxious uses. The facility shall not be operated before 7:00 a.m. or after 7:00 p.m. during the week and before 9:00 a.m. and after 5:00 p.m. on Saturday.
Security fencing. All contractor's yards/contractor's recycling yards shall be required to install security fencing around the entire facility to prevent unauthorized entry or dumping at the site.
Termination of special permit. A special permit shall terminate and become ineffective upon the occurrence of any of the following:
The sale or transfer of the premises for which the special permit was granted. Exception: Special permits that have been reviewed, approved, and reissued under the name of the new owner/applicant by the Planning Board.
The transfer, or attempted transfer, of the special permit to anyone other than the original permit holder without Planning Board approval.
The failure of the permit holder to strictly comply with all conditions imposed by the Planning Board at the time the special permit was granted.
Any enlargement, modification, or alteration in the use for which the special permit was initially granted.
Noise and dust abatement. The site plan shall incorporate appropriate noise and dust abatement controls as the Planning Board shall determine.
Storage of materials. Any materials stored for longer than six months must be contained within closed, weatherproof containers or structures, including mobile recycling collection units. The locations of these containers or structures must be shown and approved as part of the site plan application when the special permit is granted.
Extension for temporary storage. The Building Inspector may allow a stockpile to remain on a site beyond six months during a calendar year. The Building Inspector has the discretion to fix the amount of time beyond six months during which the temporary storage would be allowed. In considering the granting of an extension for temporary storage, the Building Inspector must consider:
Whether the applicant has shown sufficient cause that warrants the additional time period;
Whether the materials being stored are visible to surrounding properties; and
Whether there are health, welfare or safety concerns implicated in the request. The Building Inspector may attach conditions to the extension as he or she believes appropriate.
Additional conditions. The Planning Board may, in its discretion, establish additional conditions that it deems necessary and appropriate, based upon circumstances that exist at the time of the granting of the special permit.
§ 194-46.4 Solid waste management facility and recyclables handling and recovery facility.
[Added 5-26-2011 by L.L. No. 5-2011]
Purpose. Solid waste management and recyclables handling and recovery facilities are essential to public health and safety and the continued development of the economy of the Town as well as the general welfare of its citizens. It is the intent of this section to allow the Planning Board the authority to permit solid waste management facilities and recyclables handling and recovery facilities, provided the Planning Board finds that the application meets all the general conditions of Article IX (special permits) and further meets all of the applicable conditions set forth in this section. This permit will apply in the I-1 and I-3 Zones.
Standards. Solid waste management facilities and recyclables handling and recovery facilities are permitted subject to the limitations herein:
Limitations on solid waste management and recyclables handling and recovery facilities. No person shall operate any solid waste management facility or recyclables handling and recovery facility without a special permit from the Planning Board or Building Inspector, as applicable. All definitions related to solid waste management facilities and recyclables handling and recovery facilities shall be provided in the regulations of the New York State Department of Environmental Conservation (NYSDEC) 6 NYCRR Part 360.
Compliance with applicable law.
Prior to issuance of the special permit, the applicant shall have complied with all applicable federal, state, county or local requirements, rules or regulations as they relate to a solid waste management facility or recyclables handling and recovery facility. In recognition of the periodic amendments in state, federal, and county regulations, the Planning Board is authorized to approve modifications to the special permit, and the site plan, to permit such changes to solid waste management facilities and recyclables handling and recovery facilities as may be required, from time to time, to comply with applicable state and federal regulations, as well as county regulations, if any, notwithstanding that any such changes may conflict with otherwise applicable Town requirements. For any improvement or structure that is reviewed and approved by NYSDEC, the Planning Board and Building Inspector shall have the authority to issue the special permit.
Any solid waste management and recyclables handling and recovery facilities legally existing at the time of the adoption of this section, or any amendments thereto, shall without further action be issued a special permit although such use or the improvements located as part of such use do not conform to the other provisions of this section or otherwise applicable provisions of the Zoning Code.
An as-built drawing stamped and signed by a professional engineer and/or a licensed surveyor submitted to the Planning Board upon the adoption of this section may be signed by the Chairperson of the Planning Board and shall be deemed to be an approved site plan for all purposes.
Location. Solid waste management and recyclables handling and recovery facilities shall be permitted only within industrial districts (I-1 and I-3). The property shall have at least 200 feet of frontage along a state road except any preexisting uses.
Minimum lot size.
The minimum lot size shall be 15 acres for the operation of a solid waste management/recyclables handling and recovery facility. Facilities should be confined to the smallest practical area. The 15-acre minimum may be in one lot or in an aggregation of contiguous lots.
Expansion of a facility: There shall be no minimum required lot size for parcels acquired for the purpose of expanding a solid waste management facility and recyclables handling and recovery facility existing at the time of the enactment of this chapter provided the total aggregate area of the existing facility is equal to or greater than 15 acres and the lots are contiguous to the existing facility. Facilities shall be confined to the smallest practical area.
Setbacks.
The following setbacks shall apply to new facilities established after the date of adoption:
Buildings not used for the stated purpose of this special permit (i.e., accessory office building) would be required to meet the setbacks requirements of the applicable industrial district.
No buildings, structures, parking areas, or outdoor storage areas used as part of a solid waste management and recyclables handling and recovery facility established before the effective date of this chapter and nonconforming as to setbacks shall be required to conform therewith.
Legally nonconforming uses granted permits hereunder must keep all current setbacks or 50 feet, whichever is greater, with respect to any additions or modifications.
Setbacks, buffering and screening. The solid waste management and recyclables handling and recovery facilities, including structures, buildings, parking areas, and outdoor storage areas shall be screened from any surrounding uses as required by the Planning Board. At a minimum, 50 feet of the outside perimeter of the setback area shall be vegetated or landscaped unless the Planning Board determines a smaller or larger vegetated or landscaped area would be appropriate. The type of screening shall be at the discretion of the Planning Board, based on consideration of protecting surrounding uses, minimizing noise, odor, and adverse aesthetic impact.
[Amended 10-25-2012 by L.L. No. 8-2012]
Limitations. Only municipal solid waste, construction and demolition debris and recyclables, excluding hazardous waste materials as defined by the NYSDEC regulations, NYCRR Part 360, shall be accepted at solid waste management and recyclables handling and recovery facilities. Hazardous household waste as defined in NYSDEC 6 NYCRR Part 360, including pesticides as defined in Environmental Conservation Law (ECL) Article 33 are prohibited. The owner operator of each facility must have a control program to assure that only nonhazardous waste is accepted at any facility.
Loading. Unloading and loading areas shall be adequate in size to facilitate efficient unloading from the collection vehicles and the unobstructed movement of vehicles.
Structures. All operations, including loading and unloading, shall occur within fully enclosed buildings or other approved structures with an impermeable floor system. Any leachate shall be collected in an impermeable collection system and hauled offsite for disposal as required by applicable laws. There shall be no outdoor storage of hazardous or materials regulated under 6 NYCRR Part 360 in a manner that could allow them to become airborne, leach into the ground, or flow into any watercourse.
Environmental. All reasonable measures shall be employed to collect, properly contain, and dispose of scattered litter and leachate, including frequent policing of the area. The facility shall be managed in such a manner that noise, dust and odors do not constitute a hazard to human health. The facility shall be managed in such a manner that the attraction, breeding and emergence of birds, insects, rodents and other vectors do not constitute a health hazard. No materials shall be disposed of into the ground, air, or into any water bodies except pursuant to applicable permits and approvals issued by federal, state, and county health and environmental agencies.
Screening. All solid waste management and recyclables handling and recovery facilities shall be required to install security fencing around the entire facility to prevent unauthorized entry or dumping at the site.
Hours of operation. The facility shall comply with all applicable provisions of this chapter, including § 194-48, Obnoxious uses. The facility shall not be operated before 7:00 a.m. or after 7:00 p.m. during the week and before 9:00 a.m. and after 5:00 p.m. on Saturday. The starting and dispatching vehicles and maintenance and service of vehicles are excluded.
Noncompliance. If the use is operating in noncompliance, the Code Enforcement Officer shall notify the special permit holder in writing specifying the issues of noncompliance, and shall set forth those procedures necessary to bring the use into compliance and shall notify the Planning Board. All use of the special permit shall be suspended unless corrective action has been completed within the permit expiration time frame and the permit holder requesting a reinspection has notified the property owner. The permit use shall remain suspended until the Planning Board receives compliance verification. The permit holder is responsible for all corrective action necessary to bring the permit into compliance and for scheduling a reinspection with the Code Enforcement Officer. Failure to take corrective action within the permit expiration time frame will result in revocation of the permit.
Transfer and termination. A special permit shall terminate and become ineffective upon the occurrence of any of the following:
The sale or transfer of the premises for which the special permit was granted, unless the special permit has been reviewed, approved, and reissued under the name of the new owner/applicant by the Planning Board.
The transfer, or attempted transfer, of the special permit to anyone other than the original permit holder without Planning Board approval.
The failure of the permit holder to strictly comply with all conditions imposed by the Planning Board at the time the special permit was granted, without Planning Board approval.
Any enlargement, modification, or alteration in the use for which the special permit was initially granted.
Noise and dust abatement. Appropriate noise and dust abatement steps must be integrated into all site plans.
Miscellaneous. The Planning Board may, at its discretion, establish additional conditions that it deems necessary and appropriate, based upon circumstances that exist at the time of the granting of the special permit.
§ 194-46.5 Farm preservation special permit.
[Added 3-22-2012 by L.L. No. 1-2012]
The Town Board may, by special permit, allow for the waiver of the requirements of set-back side yards and frontage on a public road when, as part of a dedication of a conservation easement to preserve a farm of 100 acres or more, a property owner wishes to continue the use of five or less units of housing on said property, subject to the terms and conditions herein:
The property shall be subject to a conservation easement forever preserving 100 or more acres of the parcel as open space and for farm uses.
The residences to be constructed or remaining shall be connected to a public road by virtue of a driveway which shall have a maintenance agreement and shared responsibilities clearly set forth in a recorded document as well as to be constructed to the satisfaction of the Town Engineer.
The area of the subject parcels shall meet the minimum required in the zoning district in which the property lies.
No structure on said parcel shall come within 30 feet of any adjoining property line, either existed or to be created.
The driveway servicing said property shall be made part of a maintenance agreement to provide for the joint maintenance of said roadway and further, to clearly specify and provide that said road is meant to be a private road and in no way is offered to the municipality.
The road right-of-way shall be a minimum of 25 feet from the public road to the property lines, and the bed of said road shall be included within the fee ownership of one of the lots. It shall not be made into a separate land parcel.
§ 194-46.6 Recreational indoor sports dome facility.
[Added 9-25-2014 by L.L. No. 3-2014]
Purpose.
To expand recreational opportunities in the Town and throughout the region and provide a community recreational resource for young people and their families as well as add to the quality of life of the Town by providing the opportunity for year-round participation in sports such as soccer, lacrosse, basketball and baseball. To promote the health and wellness of the Town of East Fishkill by providing a recreational facility that would offer year-round recreational opportunities for residents and would help support national and state initiatives encouraging regular physical activity for children and adults. To support and promote economic opportunities for local businesses by providing a regional destination/resource that will attract users from outside the community to the Town's commercial districts.
It is the purpose of this section to promote recreational and economic opportunities in the Town by allowing the Town Board the authority to permit a recreational indoor sports dome facility that would also provide a community benefit by allowing Town residents use of designated facilities for recreation as well as a place for large scale assembly. The facility shall be located along a state road in an Industrial District, provided the Town Board finds that the application meets all the general conditions of Article IX, Special Permits, and further meets all of the applicable conditions set forth in this section.
Standards.
Limitations on recreational indoor sports dome facility. No person shall operate any recreational indoor sports dome facility without a special permit from the Town Board or as applicable.
Compliance with applicable law. Prior to issuance of the special permit, the applicant shall have complied with all applicable local requirements, rules or regulations as they relate to the construction and operation of an indoor sports dome.
Permissible accessory uses. Recreational indoor sports dome facility uses may be accompanied by customary accessory uses, incidental to the primary use. Permissible activities must be clearly subordinate to and accessory to the primary indoor recreational use. Permissible indoor activities may include restaurants, snack bar facilities, meeting and assembly rooms, offices, personal service shops, game room, video computer and photographic facilities, sales of sport or exercise-related equipment or clothing, gym, restrooms, batting cages, bleacher viewing areas, observation deck. Permissible outdoor uses and activities, may include athletic fields; food, beverage, and sports-related services; basketball courts; tennis courts; dugouts; pavilions; bleachers and/or sitting areas; and batting cages.
Standards.
Location. A recreational indoor sports dome facility shall be permitted only within the Industrial District (I-1). The property shall have at least 500 feet of frontage along a state highway and be located within one mile of Interstate I-84 measured as straight line distance from the property line.
Minimum lot size. The minimum lot size shall be 25 acres for the operation of a recreational indoor sports dome facility. Facilities should be confined to the smallest practical area.
Maximum height. The maximum height of the proposed indoor sports dome facility shall not exceed 160 feet. Maximum height is measured from the center of roof to floor beneath it.
Setbacks. The following setbacks shall apply:
Setbacks for accessory structures. No structures shall be closer than 100 feet to the front property line, 10 feet to the rear property line, or 10 feet to a side line. Where an outdoor recreation development abuts a residential zone, the minimum accessory structure setback shall be:
Setbacks for recreation activities.
Parking requirement. One space for every 500 square feet of indoor recreational space or such number as the Town Board determines appropriate. All parking spaces must be a minimum of nine feet by 18 feet in size. Safe and appropriate pedestrian access and lighting must be provided to all parking areas serving the indoor sports dome facility.
Setback and landscape buffer parking.
All parking facilities shall meet the minimum parking setback and landscaping requirements of § 194-116 of the East Fishkill Code.
Buffer area facing residential property lines. A landscape buffer shall be provided of not less than twenty-five-foot depth along any lot line abutting or directly across the street from a lot in a residential district. The Town Board may require the amount and depth of the landscaping to be increased to ensure adequate buffering from any visual and noise impacts associated with outdoor recreational uses.
The recreational indoor sports dome facility, including accessory structures, buildings, parking areas, and outdoor storage areas, shall be screened from any surrounding uses as required by the Town Board. At a minimum, 50 feet of the front yard setback shall be vegetated unless the Town Board determines a smaller or larger vegetated area would be appropriate. The type of screening shall be at the discretion of the Town Board, based on consideration of protecting surrounding uses by minimizing potential visual and noise impacts.
The owner shall enter into a written agreement with the Town regarding the use of the indoor sports facility. The agreement shall specify the community benefits that shall be provided to Town residents for recreation as well as large scale assembly.
Fencing. Active recreational facilities such as ballfields and batting cages shall be fenced in a manner sufficient to meet applicable standards regulating such uses, and subject to the review and approval of the Town Board relative to location, type, color, height and width of such fencing.
Fees. For application fee purposes, the interior field/turf area will be calculated at the same rate as other site plans, except any interior field/turf areas will be calculated at the rate of $75 per 1,000 square feet or such other amount as set by the Town Board.
Additional conditions. The Town Board may, in its discretion, establish additional conditions that it deems necessary and appropriate, based upon circumstances that exist at the time of the granting of the special permit, including the prohibition of certain uses.
§ 194-46.7 Economic redevelopment special permit.
[Added 10-23-2014 by L.L. No. 4-2014]
Purpose.
The economic redevelopment special permit (ERSP) was created to allow for the redevelopment and revitalization of existing and former industrial campuses (economic redevelopment areas) and provide for greater flexibility of uses. The ERSP recognizes that today's industry looks a lot different than yesterday's manufacturing and seeks to create a balance between the economic engines of the past and present and those anticipated in the coming years. The goal of the economic redevelopment special permit is to stimulate economic development and increase the long-term economic health of the Town of East Fishkill well into the 21st century. With new tools, the Town of East Fishkill will be able to preserve existing businesses while accommodating new types of businesses in the future.
It is the intent of this section to allow the Town Board the authority to permit the creative reuse of older industrial buildings as well as introduce a mix of uses in the I-1 District, including manufacturing, industrial, light industrial, commercial, retail, restaurants, institutional, medical, hospital centers, recreation, and hotels, provided the Planning Board finds that the application meets all the general conditions of Article IX, Special Permits, and further meets all of the applicable conditions set forth in this section.
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any industrial campus or former industrial campus within an I-1 District previously approved and developed as one site with continuing shared access and utilities located within one mile of Interstate I-84 measured as straight line distance from the property line.
Standards.
Compliance with applicable law. Prior to issuance of the economic redevelopment special permit, the applicant shall have complied with all applicable local requirements, rules or regulations as set forth below.
Standards.
Location. An economic redevelopment special permit (ERSP) shall be permitted only within the I-1 Industrial District. The property must be located within one mile of Interstate I-84 measured as straight line distance from the property line.
Permitted uses:
Any use permitted in the I-1 Zone.
Commercial uses including:
Educational and training facilities.
General retail sales including large-scale shopping plazas and big box retail.
Hotels and motels.
Health clubs and gyms.
Personal services.
Specialty grocery.
Supermarket.
Theaters and cinemas.
Medical uses.
Medical offices.
Hospital centers/health and medical facilities including:
Hospitals or clinics for humans.
Administrative uses that are incidental to hospital operations.
Medical groups.
Medical offices.
Medical education facilities.
Extended-care facilities, assisted living, and nursing homes.
Pharmacies and medical supply stores.
Customary accessory buildings and uses incidental to a hospital; provided, however, that said accessory buildings are arranged, designed, and intended for incidental use.
Dwellings owned and operated by the hospital or wholly owned affiliate thereof, which shall be utilized for one or more of the following:
For persons employed by or on the staff of such hospital and principal uses, including nurses, students, interns, resident physicians, researchers and other personnel and their immediate families.
Other uses.
Off-street parking and loading, including public and private parking lots in accordance with the provisions of this chapter.
Parking structures serving permitted uses.
Solar arrays.
Utilities and services, minor.
Utilities and services, major.
Any other use permitted by the Town Board that meets the purpose and intent of the economic redevelopment special permit.
Permitted customary accessory uses: any accessory use that is customary and incidental to a permitted use.
Planning Board referral. ERSP applications shall be referred to the Planning Board for advisory comment.
Sewer/water connection. All ERSP applications are required to connect to central sewer and water.
Bulk standards. Unless otherwise specified here, if a site meets the eligibility requirements set forth in this special permit, then all determinations relating to lot coverage and building coverage for any lot or lots subject to a special permit review hereunder shall be made treating the entire site as a single unit; provided, however, that access and infrastructure shall be shared by any lot approved under this special permit. The Town Board, based on consideration of achieving superior site design and efficiency and protecting surrounding uses, has the discretion to apply alternative bulk standards, where appropriate.
Lot coverage. The lot coverage shall not exceed 65% of the site.
Building coverage. Buildings shall not cover more than 75% of the total area of the lot.
Minimum lot size. The minimum lot size shall be five acres.
Maximum height. The maximum height shall be 80 feet (not including utilities and mechanicals).
Setbacks. With due consideration of the type of use, the Town Board has the discretion to apply alternative setbacks where appropriate to achieve superior site design and efficiency for light industrial and commercial uses.
Front: 25 feet except for 100 feet shall be applied for any industrial or manufacturing use.
Rear: 50 feet except for any nonindustrial use abutting an industrial or manufacturing use must be set back a minimum of 100 feet.
Side: 100 feet for any industrial or manufacturing use abutting a residential use; 50 feet for any commercial use abutting an industrial or manufacturing use unless otherwise specified by the Town Board.
Parking. In evaluation of off-street parking needs, the Town Board may consider user-defined parameters in lieu of the standards in the supplementary off-street parking regulations, provided adequate documentation is provided by the applicant in support of such parameters. All parking analyses will be paid for by the applicant and shall be reviewed by the Town Planner and Town Traffic Consultant.
Reciprocal easements and agreements that address common access, shared parking, and stormwater systems and utilities shall be developed to ensure the future operation and maintenance of the infrastructure servicing any lot or lots approved under this special permit.
Buffers. All uses and accessory structures, buildings, parking areas, and outdoor storage areas shall be screened from any surrounding uses as required by the Town Board, including fencing, stonewalls, landscaping. At a minimum, 25 feet of the outside perimeter of the campus shall be vegetated unless the Town Board determines a smaller or larger vegetated area would be appropriate. The type of screening shall be at the discretion of the Town Board, based on consideration of protecting surrounding uses by minimizing potential visual, noise and odor impacts.
Additional conditions. The Town Board may, in its discretion, establish additional conditions that it deems necessary and appropriate, based upon circumstances that exist at the time of the granting of the special permit, including the prohibition of certain uses.
§ 194-46.8 Standards for transitional business use special permit.
[Added 8-26-2016 by L.L. No. 3-2016]
Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit transitional business uses in the Hopewell Hamlet by special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
Purposes.
Permit limited commercial uses on residential parcels that abut an industrial zone (I-1, I-2, or I-3) to provide for a better transition between industrially and residentially zoned properties.
Master Plan. Promote a development pattern in harmony with the objectives of the town's Master Plan.
Eligible uses. The following commercial uses are allowed:
Professional offices or other office uses.
Permissible accessory uses. Residential uses are permitted above ground floor commercial uses.
Standards.
Special permit applies to residentially zoned property within the Hopewell Hamlet abutting an industrial zone.
Off-street parking. Parking shall be provided as follows:
Parking relief. The Planning Board may grant relief from the parking requirements listed above provided the applicant can demonstrate the parking provided is sufficient for the site and shall not adversely affect the traffic, safety and welfare of the residents of the Town of East Fishkill. The Planning Board may require the applicant to submit a parking study demonstrating the parking demand for the proposed use based on data from the Institute of Traffic Engineers (ITE), field data and other appropriate source material. The scope or detail of such reports or studies shall be determined by the Planning Board. Such reports or studies shall be paid for by the applicant.
Additional conditions. The Planning Board may, in its discretion, establish additional conditions that it deems necessary and appropriate, based upon circumstances that exist at the time of the granting of the special permit, including the prohibition of certain uses.
§ 194-46.9 Hopewell Hamlet and Route 52 Corridor revitalization special permit.
[Added 2-28-2019 by L.L. No. 3-2019]
Authority of Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to approve the Hopewell Hamlet and Route 52 corridor revitalization special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
Purpose.
The Hopewell Hamlet and Route 52 corridor revitalization special permit was created to support the development and revitalization of the Town's two main commercial corridors by permitting mixed-use development.
It is the intent of this section to allow the Planning Board the authority to:
Accommodate mixed-use buildings with neighborhood-serving retail, service, and other nonresidential permitted B-1 uses on the ground floor and residential units above the nonresidential space.
Accommodate mixed-use parcels with a combination of permitted B-1 nonresidential uses and residential uses on the same lot where at least 50% of the uses on the parcel are nonresidential.
Definitions. As used in this section, the following terms shall have the meanings indicated:
A building in which at least half (50%) of the ground floor square footage facing the street is used for retail or restaurant uses, and other ground-floor and upper-floor space is used for other commercial uses or multifamily dwelling units.
A combination of residential and nonresidential uses on the same lot where at least 25% of the uses on the mixed-use parcel are nonresidential.
Standards.
Compliance with applicable law. Prior to issuance of the Hopewell Hamlet and Route 52 revitalization special permit, the applicant shall have complied with all applicable local requirements, rules or regulations as set forth below.
Standards.
Location. The Hopewell Hamlet and Route 52 corridor revitalization special permit shall only be approved for the following properties:
Hopewell Hamlet area: Properties fronting Route 82 within the Hopewell Hamlet between Trinka Lane and Orchard Place and properties fronting Route 376 in the Hopewell Hamlet between Fishkill Road and Unity Street.
Route 52: Properties located within the business districts with a minimum of 200 feet of frontage along the Route 52 corridor between Lime Kiln Road and the west side of Corporate Park Drive.
Sewer/water connection. All applications are required to connect to central sewer and water.
Building height and floor-to-floor heights. Building height shall be measured in number of stories excluding attics. The maximum building height shall be three stories. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor commercial function, which must be a minimum of 11 feet with a maximum of 25 feet.
Building setbacks and lot and building coverage.
Front: The minimum front yard setback, at the discretion of the Planning Board, may be reduced to zero feet, provided that the minimum sidewalk width from the curb to the building facade shall be a minimum of eight feet, inclusive of any street tree or planting row. In no case shall the sidewalk width be less than five feet.
Rear: The minimum rear setback is 15 feet, except for parcels abutting a residential district, which require 20 feet.
Side: The minimum side yard setback is five feet, except where a business district abuts a residential district, there shall be a minimum side yard of 20 feet in the business district abutting the residential district.
Lot coverage maximum: none.
Building coverage: 80% maximum.
Parking. Parking shall be the same as required in the Off-Street Parking schedule, Chapter 194, Attachment 4. Off-street parking spaces must be located to the rear or side of the principal building or otherwise screened so as to not be visible from public right-of-way. Shared parking, on-street parking, and the use of public parking lots are encouraged and may be used to meet parking requirements at the discretion of the Planning Board. Appropriate legal controls shall be required to ensure that shared parking is available during the existence of the use or building.
Requirements for mixed-use residential dwelling units.
Doors and entrances.
All mixed-use buildings must have a primary entrance door facing a public sidewalk. Entrances at building corners may be used to satisfy this requirement.
Mixed-use building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.
Entrances to ground-floor dwelling units must be located on the side or rear of the building, not from any side facing the street, or the entrance to a residential use may be from a first-floor lobby serving other uses in the building.
Site and building design. The following design standards shall apply to all uses which require site plan approval. These standards shall apply to new construction as well as alterations. The Planning Board may waive these requirements for the alteration of existing buildings where it determines that based on the unique characteristics of the property, or in the interest of preserving an historic building, a variation in these standards would achieve the intent of the Hopewell Hamlet and Route 52 corridor revitalization special permit.
Building orientation: All new mixed-use buildings shall be oriented to public streets. Building orientation is demonstrated by placing buildings and their public entrances close to streets so that pedestrians have a direct and convenient route from the street sidewalk to building entrances. Off-street parking or vehicular circulation shall not be placed between buildings and streets used to comply with this standard.
Building frontage: A building with a width of 50 feet or wider along any street frontage shall be articulated, reducing its apparent size. The mass of a building shall be broken up using a variety of massing changes and/or architectural details, such as changes in building height, divisions or breaks in materials, window bays, separate entrances and entry treatments, variation in rooflines, awnings, storefronts, changes in building height, and sections that project or are recessed up to 10 feet. The Planning Board may waive this requirement where it determines that the proposed use and building design are consistent with the goals and objectives of the special permit.
Differentiation between stories: Differentiation shall be provided between ground-level spaces and upper stories. For example, bays or balconies for upper levels, and awnings, canopies or other similar treatments for lower levels, can provide differentiation. Variation in building materials, trim, paint, ornamentation, windows, or other features, such as public art, may also be used.
Well-maintained landscape areas and publicly accessible green space shall be integrated into site plans whenever possible.
Mechanical equipment shall be located and operated so as to minimize visual, auditory or other disruptive impacts on the neighboring properties.
Opportunities for municipally controlled parking and/or shared parking arrangements between private entities shall be encouraged.
During site plan review, the Planning Board may require vehicle or pedestrian interconnections between neighboring properties in order to protect the safety of the public and to reduce congestion.
Sidewalks are required along the primary street frontages.
Architectural Review Board referral. Hopewell Hamlet and Route 52 corridor revitalization special permit applications shall be referred to the Architectural Review Board.[1]
[1]
Editor's Note: Pursuant to L.L. No. 7-2019, adopted 7-25-2019, the former Architectural Review Board is now known as the Architectural Review Council.
The Zoning Board of Appeals shall have the authority to vary the mixed-use requirements, but not less than 10%.
§ 194-46.10 Transitional Zone residential special permit.
[Added 2-28-2019 by L.L. No. 3-2019]
Authority of Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to approve the Transitional Zone residential special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
Purpose. The Transitional Zone residential special permit was created to allow multifamily residential use by special permit within the B1-A Transitional Business Zone to support the economic revitalization of the Town's commercial zones, a mix of uses, and the development of a broader range of housing types within the Town.
Standards.
Compliance with applicable law. Prior to issuance of the Transitional Zone residential special permit, the applicant shall have complied with all applicable local requirements, rules or regulations as set forth below.
Standards.
Location. Multifamily housing shall be permitted only within the B1-A District and shall have at least 100 feet of road frontage on state or county highways.
Sewer/water connection. All applications are required to connect to central sewer and water.
Building height and floor-to-floor heights. Building height shall be measured in number of stories excluding attics. The maximum building height shall be three stories. Stories may not exceed 14 feet in height from finished floor to finished ceiling.
Density. Maximum of eight units per acre.
Off-street parking. Parking shall be the same as required in the Off-Street Parking Schedule, Chapter 194, Attachment 4.
Architectural Review Board referral. Transitional Zone residential special permit applications shall be referred to the Architectural Review Board.[1]
[1]
Editor's Note: Pursuant to L.L. No. 7-2019, adopted 7-25-2019, the former Architectural Review Board is now known as the Architectural Review Council.
A fee in lieu of land for recreation will be assessed on the same basis as a subdivision per dwelling unit.
§ 194-46.11 Indoor self-storage facility special permit.
[Added 2-13-2025 by L.L. No. 1-2025]
Purpose. The Town permits self-storage facilities in the B-1 and B-2 Districts by Planning Board special permit, subject to the standards and conditions set forth in Subsection B below.
Standards and conditions:
Indoor self-storage facility as defined in § 194-3 is limited to lots within the B-1 and B-2 Districts with frontage on Route 82.
No more than one self-storage facility building per lot.
Outdoor storage, including but not limited to boats, equipment, and motor vehicles, is prohibited.
All self-storage facility uses shall comply with the following dimensional requirements:
Minimum lot area: The larger of 40,000 square feet or the minimum lot area required in the underlying zoning. district per Attachment 3 - Schedule of Bulk Regulations.
Minimum lot width: 200 feet.
Maximum building height: 35 feet.
Minimum front yard: The larger of 30 feet or what is otherwise required in the underlying zoning district per Attachment 3 - Schedule of Bulk Regulations.
Minimum side yard: The larger of 20 feet or what is otherwise required in the underlying zoning district per Attachment 3 - Schedule of Bulk Regulations.
Minimum rear yard: The larger of 20 feet or what is otherwise required in the underlying zoning district per Attachment 3 - Schedule of Bulk Regulations.
Maximum building coverage: The lesser of 40% of the lot area or what is otherwise required in the underlying zoning district per Attachment 3 - Schedule of Bulk Regulations.
Split zoned parcels. Where a B-1 Zoning District boundary line divides a lot or land fronting on Route 82, the district requirements on either side of the boundary may be construed, at the property owner's option, as extending up to 150 feet into the remaining portions of the property. Where a commercial district is extended into a residential district, a 100-foot setback shall be maintained between any commercial uses on the site and any adjoining residential parcel.
Parking. Self-storage facilities must provide a minimum of one space for every 10,000 square feet of storage space.
§ 194-46.12 Mixed-use redevelopment special permit (MURSP).
[Added 2-13-2025 by L.L. No. 1-2025]
Purpose. It is the intent of this section to allow the Planning Board the authority to permit a mixed-use redevelopment special permit ("MURSP"). The mixed-use redevelopment special permit allows for underused parcels along well-established, high-volume transportation corridors that contain structures historically used for non-conforming commercial uses or which contain both a residential use and a commercial use to be redeveloped with small-scale multi-family residential and/or low intensity office uses or a mix of both uses in a manner that is compatible and complementary with the surrounding residential character. The mixed-use redevelopment special permit is intended to encourage a desirable mix of compatible, neighborhood-scale land uses and to provide opportunities for property owners to reinvest, redevelop and upgrade their non-conforming, underused properties along highly traveled transportation corridors where the variety of services and the appearance of the sites contribute to the character of adjacent residential neighborhoods.
Permitted and accessory uses.
Permitted uses under the mixed-use redevelopment special permit:
Apartments or multifamily dwelling units as part of a mixed-use building according to the septic capacity.
Home office within a single-family residential home with no more than a total of four employees.
General office limited to four employees.
Professional office limited to four employees.
Private practice medical or dental office (limited to no more than two medical/dental practitioners and two staff members).
Live-work buildings.
Area and dimensional requirements.
Parcel size: 1.0 acre minimum.
Setbacks:
Any existing non-conforming structures are exempt from setback requirements.
Any new construction and/or change to the footprint of an existing structure must meet the following setbacks:
Front: 25 feet.
Rear: 50 feet.
Side: 25 feet.
Reduced setback determination. The Planning Board, during its site plan review, may make a finding that certain or all setbacks shall be required to be less than set forth herein. Such finding shall be based upon the consideration of compatibility of adjacent buildings and structures, current setbacks of existing buildings in the area, availability of ingress and egress, including vehicle and pedestrian access, visual access, lighting, drainage and utilities, public safety, whether reduced setbacks would fulfill the intent and purpose of this article, and any other factors the Board finds relevant.
Building height: 35 feet and 2.5 stories.
Maximum building coverage: 50%.
Maximum lot coverage: 75%.
Minimum lot width: 150 feet.
Commercial and residential uses may occupy the same building, provided that:
Residential uses are only permitted in existing structures. No new buildings or additions to existing buildings may be constructed for residential uses.
The Planning Board, at its discretion, may waive the requirement for commercial uses and permit residential uses to occupy up to 100% of an existing building, if it is determined that the site is incompatible with commercial use.
Design considerations. Mixed-use redevelopment sites must be designed to be compatible with the residential character of the underlying district. Architectural treatments, landscaping, fencing and other design elements may be required to maintain consistency with the surrounding neighborhood character including screening of parking lots.
Site plan review required. All applications submitted under this special permit shall be required to obtain site plan approval by the Planning Board. No site plan approval shall be issued until a special use permit is obtained. The site plan shall be consistent with the special use permit.
Health department. All mixed uses developed under this special permit shall be required to obtain all necessary permits and approvals from the Dutchess County Department of Health.
§ 194-47 Farming; nurseries; greenhouses.
Farms, farm uses, greenhouses, nurseries, other than business nurseries, and other customary agricultural operations are permitted in all districts, provided that:
Setbacks for farm buildings. No building in which farm animals are kept shall be closer than 100 feet to any adjoining lot line. No storage of manure or odor- or dust-producing substance or use shall be permitted within 100 feet of any adjoining lot line, watercourse or wetland area. No greenhouse heating plant shall be operated within 100 feet of any adjoining lot line.
Sale of products. No products other than the ones produced or customarily sold on the premises shall be publicly displayed or offered.
Minimum lot size. The minimum lot size shall be five acres for the growing of crops and plants, and 10 acres for keeping of livestock or poultry.
[Amended 9-26-2000 by L.L. No. 5-2000]
§ 194-48 Obnoxious uses.
No process or activity shall be permitted in any district which is obnoxious or offensive by reason of odor, dust, fumes, smoke, gas, vibration, radiation, glare, noise or that which constitutes a public hazard by reason of unreasonable fire, explosion or otherwise.
§ 194-49 Accessory uses.
In any district where permitted, customary accessory uses shall:
Incidental. Be clearly incidental to the principal use.
Nonbusiness. Not include any activity commonly conducted as a business except where allowed by special permit, and in that event, the obtaining of a special permit shall be required.
Other prohibitions. Shall not be interpreted to allow a use which, under the provisions of this law, requires a special permit or variance, unless such special permit or variance is obtained, or be interpreted to allow a use which is otherwise prohibited by the chapter.
§ 194-50 Lots subject to flooding.
For the purpose of safeguarding the public health and safety, preventing pollution or contamination of public watercourses, protecting watershed areas and natural aesthetic conditions and protecting persons and property in time of flood, there shall be no residential buildings or structures erected, built or otherwise placed and no private sanitary disposal system or water supply system located on land along watercourses in the Town of East Fishkill where areas are subject to periodic inundation and flooding by the one-hundred-year flood, or as delineated by the United States Department of Housing and Urban Development Flood Hazard Boundary Maps as adopted by the Town of East Fishkill on August 12, 1976.
All residential buildings located on land along watercourses in the Town of East Fishkill but outside the flood hazard boundary shall have the lowest habitable floor (basement or other) elevated to at least one foot above the one-hundred-year flood level.
Such uses as shall not be endangered by periodic or occasional inundation or as shall not procure unsatisfactory living conditions may be allowed by a special permit, at the discretion of the Zoning Board of Appeals.
In the event of uncertainty as to the delineation of the flood hazard boundary or any lot or parcel, said boundary in question shall be determined by resolution of the Town Board based upon topographic and engineering data as provided by the applicant or information otherwise available to the Town Board, and the Housing and Urban Development Flood Hazard Boundary Map shall be amended where applicable.
§ 194-51 Temporary office and storage.
§ 194-52 Parking of commercial vehicles in residential zone.
[Amended 11-14-2002 by L.L. No. 9-2002; 2-27-2014 by L.L. No. 2-2014]
Accessory parking, permitted as a right in residential zones (See Schedule of Permitted Uses.[1]) shall authorize the parking of one commercial vehicle (including commercial vehicles with lettering or advertising) per residential lot not to exceed 16,000 pounds or single axle. All vehicles must be registered and owned by the owner of the residence. No unregistered vehicles, tractor-trailer cabs or bodies, tow trucks, septic haul trucks, moving vans, hydraulic lift vehicles (a/k/a "cherry pickers") or any excavation or earthmoving equipment, including bulldozers, backhoes, soil-separation equipment, lawn maintenance equipment or related trailer bodies used to convey such equipment are permitted. The ZBA may permit a tow truck, lawn maintenance equipment or other small commercial vehicle needed for employment by the resident property owner.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 194-52.1 Parking of recreational vehicles in a residential zone.
[Added 2-27-2014 by L.L. No. 2-2014]
A resident owner of a residential lot is permitted to park one recreational vehicle (such as a trailer, boat, camper, or mobile home) per lot in the rear yard only. Recreational vehicles must meet setbacks.
§ 194-53 Planned business neighborhood.
Vehicular access shall be allowed only at a maximum of two locations along the street line. On a state or a county highway, the locations must be approved by the respective agency having jurisdiction.
Outdoor storage or display shall not be allowed except by special permit for special sale days by the entire shopping center.
A landscape buffer strip of a five-foot-high dense evergreen screen or equal substitute shall be provided along any property line that abuts a residential district. The width of this landscape buffer strip shall be a minimum of 15 feet and shall serve only this purpose.
[Amended 10-25-2012 by L.L. No. 8-2012]
In addition to signs allowed in § 194-111, there shall be allowed not more than one freestanding sign with an area not to exceed 50 square feet, which shall designate the entire shopping center.
Within the total area required for off-street parking, a minimum of 8% of that area shall be landscaped with trees, shrubs, grass areas or other landscaping material per a schedule submitted with the site plan. This landscaped area shall afford an opportunity to maintain the aesthetics of the town and act as guides for circulation and parking of vehicles.
§ 194-54 Planned commercial parks.
Vehicular access shall be allowed at a maximum of two locations along the frontage of the parcel except in the case of an exceptionally large holding wherein the traffic circulation will be improved and safety maintained if additional access is provided. Outdoor storage or displays shall not be allowed except by the issuance of a special permit for an activity that is being promoted by the entire complex.
A landscaped buffer strip of a minimum width of 25 feet shall be provided along any property line that abuts a residential district. In addition, the side yard shall be increased to 100 feet if the building abuts a residential district. The landscaped buffer strip shall act as an effective screening device and shall not be used for any other purpose.
In addition to signs allowed in § 194-111, there shall be allowed not more than one freestanding sign with an area not to exceed 50 square feet at each entrance, or a single freestanding sign for the identification of the center whose size shall not exceed 80 square feet. All signs to be placed within the center or on buildings within the center shall have the approval of the developer or complex owner prior to the application for a sign permit.
Within the total area required for off-street parking, a minimum of 8% of that area shall be landscaped with trees, shrubs, grass or other landscaping materials per a schedule to be submitted with the site plan. This landscaped area shall afford an opportunity to maintain the aesthetics of the town and act as guides for the circulation and parking of vehicles.
§ 194-55 Planned research and development parks.
[Added 6-14-1979 by L.L. No. 4-1979]
Vehicular access shall be allowed at a maximum of two locations along the boundary of the parcel property, except in the case of a large holding wherein the traffic circulation and/or safety can be maintained and/or improved if additional access is provided. Outdoor storage or displays shall not be allowed except by the issuance of a special permit for an activity that is being promoted by the entire complex.
A landscaped buffer strip of a minimum width of 35 feet shall be provided along any property line that abuts a residential district. The landscaped buffer strip shall act as an effective screening device and shall not be used for any other purpose.
In addition to signs allowed in § 194-111, there shall be allowed not more than one freestanding sign with an area not to exceed 50 square feet at each entrance or a single freestanding sign for the identification of the renter whose size shall not exceed 80 square feet. All signs to be placed within the center or on buildings within the center shall have the approval of the developer or complex owner prior to application for a sign permit.
Within the total area required for off-street parking, a minimum of 8% of that area shall be landscaped with trees, shrubs, grass or other landscaping materials per a schedule to be submitted with the site plan. The landscaped area shall afford an opportunity to maintain the aesthetics of the town and act as guides for the circulation and parking of vehicles.
Consideration for rezoning of parcels to PRDP Zone.
[Added 8-24-1993 by L.L. No. 4-1993]
Where lots smaller than five acres, but at least 1.5 acres in size, were lawfully created prior to the effective date of this subsection (September 9, 1993), the Town Board may consider such parcels eligible for rezoning to PRDP, and may approve a rezoning to PRDP under the reduced bulk standards established herein, if it finds that such rezoning would benefit the town. The decision to approve, or decline to approve, such a rezoning is a purely legislative determination entirely within the legislative discretion of the Town Board. The Town Board shall have the right to reject any petition for PRDP rezoning at any stage of the proceedings.
[Amended 6-14-2001 by L.L. No. 3-2001]
Parcels will be eligible for consideration under this subsection if they meet the following requirements:
The lot(s) to be rezoned were created prior to the effective date of this subsection (September 1993);
A portion of the parcel is within 1,000 feet of an existing state or county road;
The parcel has access to a state or county highway over an improved road acceptable to the Town Board, having a minimum fifty-foot right-of-way, and having provided sufficient proof to the Town Board of future maintenance of the access roadway; and
If the Town Board, in its discretion, determines to rezone such preexisting parcels to PRDP, the following bulk standards will apply for new construction:
Minimum lot size: 1.5 acres.
Minimum open space requirement: 20%.
Maximum FAR: 0.3
Minimum lot width at the building line: 100 feet.
Minimum yards: front, 50 feet; side, 20 feet on one side or 40 feet combined both sides; rear, 30 feet.
Minimum landscaping of 25 feet in front yard and 10 feet in side and rear yards.
Maximum height: three stories/40 feet.
Minimum yard distance of 100 feet from Route 52 to any building line.
Developed lots which are already improved with existing buildings pursuant to an approved site plan shall be deemed conforming.
§ 194-55.1 Kennels.
Kennels shall meet all the applicable conditions set forth in this section.
Adequate shelter. Each kennel shall be equipped with housing or shelter facilities sufficient to provide adequate cover and shelter for all dogs which may be housed in the kennel.
Adequate runway area. For each dog housed in the premises being over six months of age, there shall be a minimum of 80 square feet of runway area or exercise pen.
Runway enclosure. Runways or exercise pens located within the kennel shall be enclosed by wire fence of a height to be prescribed by the Planning Board, but in no event less than six feet in height.
Kennel facility enclosure. All kennel facilities shall be maintained in enclosed structures, which shall be of soundproof construction and so constructed and maintained as to produce no dust or odors at the property line.
Number of dogs. The Planning Board may prescribe the maximum number of dogs to be boarded, harbored, kept or trained. That number shall not exceed the number equivalent to 10,000 square feet per 100 pounds of average adult animal body weight of the species so harbored, provided that in no event shall a kennel harbor more than a total of 50 dogs. As used herein, the square footage of the lot is that area of the lot not including any required yards.
Setbacks. The kennel, including structures, buildings, runways and exercise pens, shall not be constructed or maintained within 150 feet of any property line.
Hours of operation. Between the hours of 8:00 p.m. and 8:00 a.m., all dogs shall be confined in a fully enclosed and suitably ventilated building of soundproof construction.
Buffers. The kennel, including structures, buildings, runways and exercise pens, shall be screened from any surrounding uses. The type of screening shall be at the discretion of the Planning Board, based on consideration of protecting surrounding uses, minimizing noise, and minimizing adverse aesthetic impact.
Considerations. The Planning Board may consider the number, size, breed and temperament of the animals to be sheltered and may impose reasonable conditions to protect proximate uses, minimize noise, odors and adverse aesthetic impact, protect the animals harbored or sheltered and ensure the health, safety and general welfare of the community.
Inspection. The kennel shall be open for periodic inspection by the Zoning Administrator and/or the Dog Warden.
Nuisance. The granting of a special permit to operate a kennel shall not be deemed to bar the institution of any action to enjoin a nuisance.
§ 194-55.2 Contractors' yards.
[Added 6-25-2020 by L.L. No. 2-2020]
Contractors' yards are permitted in I-1 and I-3 Districts, provided the following standards are met:
Areas set aside for the outdoor storage of construction vehicles and materials associated with the business shall not exceed 50% of the total lot area. No material storage pile shall exceed a height of 10 feet. The Planning Board may require that stored vehicles and materials be located within buildings or garages. The site shall be maintained in an orderly and safe condition at all times.
No storage of any hazardous materials will be permitted. All fuel-storage tanks shall have self-containment capabilities in case of spill or leak. The Planning Board may require additional protection as needed to protect the health, safety and welfare of the public.
All maintenance work on equipment shall be performed within a structure or on an impervious surface that is designed to retain any spillage of fluids and cleaned immediately upon completion of work.
Any vehicles stored overnight must be parked in an approved parking space.
Where a contractor's yard abuts a residential district there shall be a minimum of a fifty-foot side and rear yard on the side abutting the residential district. Contractors' yards shall be fully screened from residential properties by an opaque screen (fence, vegetation, wall, or berm) and shall be of sufficient height to completely screen all vehicles and materials. The Planning Board is expressly authorized to modify any fence or vegetation height restriction set forth in § 194-98, Walls and fences, to achieve the required screening.
Outdoor areas designated for construction vehicle or material storage shall be screened by an opaque screen (fence, vegetation, wall, or berm) along the entire perimeter of the outdoor storage area(s) and shall be of sufficient height to completely screen all vehicles and materials. The Planning Board is expressly authorized to modify any fence or vegetation height restriction set forth in § 194-98, Walls and fences, to achieve the required screening.
Prohibited activities. Garbage or waste-transfer stations; mining; rock/stone/concrete crushing; the storage, processing or handling of contaminated materials, waste materials as defined in 6 NYCRR Part 360, or hazardous materials as defined in 6 NYCRR Part 371; the storage of buses, trucks or vehicles not used as part of an approved contractor office business. In addition, the storage, processing or handling of petroleum products shall be prohibited except for heating fuel for use on-site.
§ 194-55.3 Commercial vehicle storage yard.
[Added 6-25-2020 by L.L. No. 2-2020]
The storage of commercial vehicles as a principal use is allowed in the I-1 and I-3 districts and is subject to the following requirements of this chapter:
Areas set aside for commercial vehicle storage shall not exceed 70% of the total lot area.
Commercial vehicle storage areas must be designed to allow for safe access and maneuverability on-site, including access for emergency service vehicles.
Where a commercial vehicle storage area abuts a residential district there shall be a minimum of a fifty-foot side and rear yard on the side abutting the residential district.
All commercial vehicles must be operable and registered with the State Department of Motor Vehicles.
The Planning Board may require that stored vehicles be located within buildings or garages. Any vehicles stored overnight must be parked in an approved parking space.
Outdoor areas designated for commercial vehicle storage shall be screened by an opaque screen (fence, vegetation, wall, or berm) along the entire perimeter of the outdoor storage area(s) and shall be of sufficient height to completely screen all vehicles. The Planning Board is expressly authorized to modify any fence or vegetation height restriction based on the needs of the site including those requirements set forth in § 194-98, Walls and fences, in order to achieve the required screening.
§ 194-55.4 Emergency generators.
[Added 9-22-2022 by L.L. No. 7-2022]
Generators used for emergency purposes shall be considered compliant with the Town Code and shall not require a variance if:
§ 194-55.5 Chickens.
[Added 9-22-2022 by L.L. No. 7-2022]
Purpose. The Town Board of the Town of East Fishkill, to promote agrarian uses and animal education, while protecting the community from certain nuisances, enacts the following restrictions on the keeping of chickens within the Town.
Definition of chicken. A "chicken" shall be defined as a member of the species Gallus gallus domesticus.
Zoning districts. One chicken shall be permitted for each 2/10 of an acre in the R-1, R-2, R-3, and AFO Zoning Districts (i.e,. on a 2.4 acre lot, 12 chickens shall be permitted), but in no circumstance shall the number of chickens on any lot exceed 30 chickens. Chickens shall not be permitted in any zoning districts not explicitly listed in this section.
Male chickens. No male chickens (i.e., roosters) shall be permitted on any lot less than 10 acres in size.
Shelter. Chickens shall be enclosed with chain-link, open-mesh fences or caging. Said fence (chain-link or mesh) or cage shall not exceed eight feet in height and must contain an area of at least four-square feet for each chicken. The shelter must contain adequate ventilation, light, and drainage as determined by the Building Inspector. The fence (chain-link or mesh) or cage shall be at least 25 feet from any property line or double the required setback for that district, whichever is greater. In no circumstance may the shelter be located in the front yard of any lot. All shelters shall be removed within 30 days after no longer housing any chickens.
Feed containers. All feed shall be stored in rodent-proof containers, as determined by the Building Inspector.
A building permit shall be required for the construction of a coop/pen for the keeping of chickens.
Penalties for offenses. A violation of this article shall constitute an offense punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days and/or a civil penalty of $1,000. Each day said violation continues shall constitute a separate violation.
§ 194-55.6 Sale of synthetic marijuana and other vaping and tobacco products near schools and houses of worship.
[Added 12-8-2022 by L.L. No. 10-2022; amended 2-13-2025 by L.L. No. 1-2025]
No individual, corporation, limited-liability company, unincorporated association, proprietorship, firm, partnership, joint venture, joint-stock association, or other entity or business organization of any kind shall be permitted to sell, offer for sale, possess with intent to sell or manufacture within the Town of East Fishkill any tobacco products, vaping products, synthetic cannabinoids, synthetic cannabinoid analogues, or any products containing one or more synthetic cannabinoids or analogues within 1,500 feet of the property line of the parcel containing the business selling synthetic marijuana and other vaping and tobacco product and the property line of the parcel containing "educational institutions" as defined below or a house of worship.
For the purpose of this chapter "vaping" consists of the inhaling and exhaling of vapor produced by an electronic cigarette or similar device and "synthetic cannabinoid" shall mean any chemical which reacts with cannabinoid receptors and has been permanently or temporarily placed in the federal Schedule of Controlled Substances. For the purpose of this chapter "schools" shall include any building whose primary use is for the care, development or education of children. For the purposes of this chapter "educational institutions" shall be defined as a place where people of different ages gain an education, including preschools, childcare, primary-elementary schools, secondary-high schools, and universities. They provide a large variety of learning environments and learning spaces. This definition would include but is not limited to the following types of establishments:
Public schools;
Public parks and outdoor recreational facilities;
Physical education or athletic fields;
Private schools and school grounds;
Pre-school or nursery;
Day-care facility;
Tutoring or exam preparatory business;
Music schools;
Vocational, technical or trade schools;
College or university;
Dance schools; and/or
Other youth facilities.
This chapter pertains to any location beginning sales after the effective date hereof.
Any person who knowingly violates the provisions of this section shall be guilty of an unclassified misdemeanor punishable by a fine of up to $1,500 per day and/or up to one year's imprisonment. Each day during which any violation of the provisions of this section continues shall constitute a separate offense.
§ 194-55.7 Outdoor dining.
[Added 2-13-2025 by L.L. No. 1-2025]
Purpose. It is the purpose of this section to establish the circumstances and conditions pursuant to which restaurants or other food service establishments shall be authorized to provide outdoor dining for patron use on the same parcel on which the establishment is located. It is the intention of this section to specifically identify the criteria, standards, and conditions pursuant to which an existing restaurant or other food service establishment may obtain permission for placement of outdoor tables and seating for seasonal patron use.
Authorization. Authorization for outdoor dining for 16 or fewer patrons may be approved by the Zoning Administrator upon concurrence and review of the proposed seating by the Town's Fire Inspector or similar such official. Requests for outdoor dining greater than 16 seats, with a permanent structure(s), or if deemed to require Planning Board review at the discretion of the Zoning Administrator or their designee will also require site plan approval pursuant to Article VII of the Town's Zoning Code.
Definitions.
Either a distinct piece of furniture designed to allow one person to sit upon the same or, when seating is provided on a bench or other similar structure, then every 20 inches of seating space shall be considered as the equivalent of one chair or seat for determining seating capacity.
A use of an adjacent, outside area by a restaurant for eating and drinking activities that occur within the establishment.
Permit requirements.
No person shall operate an outdoor dining area unless a permit has been obtained from the Town of East Fishkill.
Applicants shall apply for permit approval in accordance with the provisions of this chapter. All such applications shall be reviewed by the Zoning Administrator and/or their designee and shall be referred to the Fire Inspector, who shall provide the Zoning Administrator with written reports of their opinions and recommendations regarding the application.
Any outdoor dining areas with greater than 16 seats or a permanent structure(s) must also obtain site plan approval pursuant to Article VII of the Town's Zoning Code. In addition, the Zoning Administrator or their designee, may at their discretion, refer any application to the Town Planning Board for site plan approval regardless of the number of proposed seats or structures.
All outdoor dining permits issued pursuant to this chapter shall be valid during the period of April 1 to November 15 of each year, and all equipment used for seasonal outdoor dining shall be removed by November 20 of each year unless the outdoor dining area has obtained site plan approval.
Applicants shall meet all general ordinance requirements and all other laws, rules, regulations and codes applicable to the proposed activity.
Application requirements. The Zoning Administrator or their designee, upon review of an outdoor dining application and approval of the Town's Fire Inspector or similar such official, is hereby authorized, at their discretion, to approve outdoor dining for 16 or fewer patrons on the same lot as the restaurant or other food service establishment subject to the following conditions:
Submission of outdoor dining application forms. All outdoor dining permits required by this chapter shall be applied for and all application forms obtained from the Town website under Building Department forms or from the Building Department during normal business hours. Applications for such permits must be accompanied by any necessary permit fees and/or escrows in the amounts established by the Town Board and/or Engineering Department.
The application for such outdoor dining shall be signed by the owner of the property and the owner of the restaurant or other food service establishment and shall contain a scaled drawing of the location and placement of the proposed outdoor dining, service area(s), pedestrian routing, outdoor lighting, ingress and egress, landscaping, barriers for protection and any weather protection such as a tent which may be proposed. Specifically, an applicant proposing to establish an outdoor dining area shall submit the following to the Building Department:
Outdoor dining plan. A scaled drawing/plan showing the layout of the proposed dining area(s), which shall include, but not be limited to, a depiction of all aisles, routes of ingress and egress; clearances between tables and between the seating area at the curb; landscaping; an illustration, rendering and/or photograph of all proposed furniture, umbrellas, signage, safety barriers and other furniture proposed. To ensure visual compatibility with the location of the outdoor dining area, the Zoning Administrator and/or his designee, at their discretion, may require modifications to any of the above.
Safety and architectural barrier details. Details of any proposed barriers that are required to meet safety requirements as determined by the Building Inspector/Town Engineer as well as details of any architectural barriers, such as planters, landscaping and/or decorative fencing. All proposed barriers must be designed to enclose the dining area and limit the ability of litter to blow off the premises.
Six feet of unobstructed sidewalk should be provided with the exact width being determined by the Building Inspector as he or she deems it to be appropriate to promote pedestrian or vehicular safety or the visual harmony of the neighborhood, however, in no event shall the unobstructed sidewalk be less than six feet.
The Building Inspector shall require each applicant to submit a litter control plan which shall include, but not be limited to, a description of the number and location of trash receptacles for the areas and the frequency with which the tables, surrounding area and adjacent public and private properties will be policed for litter. Failure to abide by an established litter control plan shall constitute a violation of the permit approval of which it was made a condition and shall subject the applicant to a fine for each violation.
The seating contained in an outdoor dining area shall not be counted in determining any parking space requirement for a retail food establishment or restaurant use. The seating contained in an outdoor dining area shall be counted as part of the existing seating capacity of the restaurant. In no event shall the seating contained in an outdoor dining area which utilizes public right-of-way areas result in increased overall seating with respect to the parcel or use.
All food and beverages served by the restaurant or other food service establishments shall be sold and dispensed from the interior of the establishment, and a certificate from the Dutchess County Department of Health which authorizes outdoor dining shall be submitted to the Town's Zoning Administrator prior to issuance of any certificate of occupancy or certificate of compliance as hereinafter provided. In the event the establishment is licensed to serve alcoholic beverages, the establishment shall be required to obtain all applicable approvals from the New York State Liquor Authority and/or the New York State Alcoholic Beverage Control Board (SLA and ABC), and proof of such approvals shall also be submitted to the Town's Zoning Administrator prior to issuance of any certificate of occupancy or certificate of compliance.
Tents. Permits issued pursuant to this chapter may also grant permission to utilize tents or other temporary structures in connection with outdoor dining. Permittees may modify existing tents or erect new temporary tents or other structures, such as planters, tables, and umbrellas, and include heating or cooling equipment. In such instances, the submission of an outdoor dining/tent permit application will include information sufficient for the Town to evaluate:
The ability of structures to withstand the elements of weather, which may now include snow accumulations.
The ability for exits to remain open at all times or be covered in a manner meeting all building and fire codes.
The installation of lighted exit signs and the illumination of exit paths.
All heating and/or cooling equipment needs to be listed for the use of heating tents and is installed in accordance with all New York State Uniform Fire and Building Codes.
Propane tanks shall be separated from the tent and exits, and should be placed in a location that protects them from damage or tampering.
Carbon monoxide alarms shall be installed in all locations when using fuel-fired equipment. The provisions of this chapter shall supersede any other provisions of the Code of the Town of East Fishkill with respect to the utilization of tents in connection with restaurant uses.
General requirements.
The annual fee for each year for the operation of an outdoor eating area and/or sidewalk cafe shall be set by resolution by the Town Board.
The Zoning Administrator is expressly prohibited from authorizing any outdoor music or sound amplification in connection with any approval for outdoor dining under this section.
Upon review and approval by the Zoning Administrator and the Town Fire Inspector as stated above, the Town's Code Enforcement Officials shall be then authorized to issue a building permit for such outdoor dining, and upon verification of construction compliance with the conditions of approval, a certificate of occupancy and/or certificate of compliance shall be issued to authorize such outdoor dining.
All outdoor eating areas and sidewalk cafe areas must be properly maintained at all times, including complying with the litter control plan, complying with all applicable laws, rules, regulations and codes, properly securing and/or removing tables, chairs and other items during times of inclement weather and high wind; further, at no time shall chairs, tables or other items be stacked in the area.
The applicant shall provide evidence of insurance for the establishment which includes the outdoor dining.
The failure to cure a violation of any permit condition or requirement of this section within five days of the issuance of a notice to cure shall subject the permittee to a fine; provided, however, that if the violation is one which may imminently endanger the public health, safety or welfare, five days' notice to cure shall not be required.
In determining the criteria and conditions required for the issuance of each permit, the Zoning Administrator may consult with Town departments and staff, including but not limited to the Highway Department, Fire Inspector, Building Inspector, Town Engineer and Town Planner, as well as county, state and federal agencies.
The holders of permits for outside dining are subject to and responsible for compliance with all local, county, state and federal codes, laws, rules, regulations, and executive orders and guidance, including but not limited to those of the Governor, the New York State Liquor Authority, Dutchess County, and the New York State Department of State.
Any proposed outdoor dining which does not comply with the requirements of this section shall be subject to the review and approval of the Planning Board, as applicable.
§ 194-55.8 Estate cottage.
[Added 2-13-2025 by L.L. No. 1-2025]
One estate cottage meeting the following requirements may be permitted per lot in the R1, R2, and R3 Zoning Districts as follows:
No more than one estate cottage per lot may be permitted nor shall the total number of dwelling units on any lot exceed two.
As a use permitted by right on a conforming residential lot of at least 10 acres in size with direct access to a state highway, county road, or Town street or highway, where all structures are conforming structures.
No permit shall be granted for estate cottage without certification by the Dutchess County Department of Health of the adequacy of the septic system no more than one year prior to the application for the estate cottage. The estate cottage and the primary residence with which it is associated shall comply with all applicable New York State codes.
An estate cottage shall have a maximum of two bedrooms and a minimum of one off-street parking space.
The owner of the lot upon which the cottage dwelling is located shall occupy one of the dwelling units on the premises as his or her principal residence.
The gross floor area of the cottage must be a minimum of 600 square feet and shall not exceed 50% of the gross floor area of the principal structure or 1,500 square feet whichever is less.
The height of the cottage dwelling must not exceed 1.5 stories or 25 feet.
Exterior appearance. The exterior appearance should be consistent and compatible with that of the principal dwelling unit.
There shall be no renting of rooms in either the cottage or in the principal dwelling.
Sale or subdivision. Neither a cottage nor the premises upon which such cottage is located shall be sold, converted into cooperative or condominium ownership, or subdivided unless such action is accomplished in the full compliance with the codes and ordinances of the Town of East Fishkill, Dutchess County, and the laws of the State of New York.
The cottage shall meet the standards of the New York State Uniform Fire Prevention and Building Code for habitable space.
If an estate cottage is created on a lot which is accessed by a private right-of-way or easement, for which there is a written maintenance agreement, certificate of occupancy for the estate cottage shall not be issued unless the maintenance agreement is amended to require the owner of the dwelling with the estate cottage to pay an increased proportionate share of the cost of maintaining said right-of-way or easement to reflect the existence of the additional dwelling unit.
No variances from the use regulations listed above shall be granted.
§ 194-55.9 Portable storage units.
[Added 2-13-2025 by L.L. No. 1-2025]
Any portable on-demand storage units greater than 10 cubic yards are subject to these regulations.
Shipping containers and conex boxes are not considered portable storage units and are prohibited in all residential districts.
Portable storage units greater than eight feet in height, eight feet in width, or 16 feet in length (37.92 cubic yards) are strictly prohibited.
Permit required; application; fee. Before placing a portable storage unit a property owner or tenant must submit an application and fee and obtain a permit from the Town. An insurance certificate providing liability insurance in the amount of $100,000, provided by the third party supplying the portable storage unit must accompany the application. There is a fee of $25 for a six-month permit. Applications may be obtained from the Building Department.
Duration. Portable storage units are temporary structures. Permits will be granted for a period of six months. At the expiration of the six-month period, applicants may seek to extend their permit for an additional 90 days by seeking an extension for cause from the Town. In no event shall the applicant receive more than two consecutive extensions totaling more than 180 days. Extension of a permit will cost $25 for each 90 days granted. No parcel shall be given any more than one permit in any twelve-month period.
Location. Portable storage units are prohibited from being placed in streets or in the front yards of a property. Portable storage units must meet the setbacks of the underlying district and must be kept in the driveway of the property at the furthest accessible point from the street. All portable storage unit locations must be paved off-street surfaces. The applicant must obtain pre-approval of the location by the Building Department in the following situations:
Number of units. Only one portable storage unit may be placed at any residential property at a given time.
Dumpster. No permit is required for open containers commonly known as "dumpsters" used for the removal of construction debris or other refuse at a residential site not exceeding 60 days. A permit or site plan approval is required for dumpsters on any commercial or industrial site or for longer than 60 days on a residential site.
§ 194-55.10 Electric vehicle charging stations.
[Added 2-13-2025 by L.L. No. 1-2025]
Applicability (see table below).
Electric vehicle charging station(s) (EVCS) with a Level 1 or Level 2 charging level shall be permitted in all zoning districts as an accessory use to a single-family dwelling, two-family dwelling, or multifamily dwelling to serve the occupants of the dwelling(s).
EVCS with a Level 2, Level 3 or greater charging level shall be permitted as an accessory use to any nonresidential use in all zoning districts subject to site plan review and the design criteria of Subsection B herein.
Level 1 | Level 2 | Level 3 | |
|---|---|---|---|
Type of current | AC | AC | DC |
Voltage | 120V | 240V | 480V |
Connector type | J1772 | J1772 | CCS1 |
Average charge time (from empty)* | 11 to 20 hours | 3 to 8 hours | 30 to 60 minutes |
Average miles per hour charged* | 5 | 12 to 80 | 75 to 1,200 |
Use | Slow | Fast | Faster |
Note: | |
|---|---|
* | Average charge time and mile per hour charged is dependent on the individual cars acceptance rate and the power output of the charging station. |
The Planning Board and/or Zoning Administrator shall use its discretion to determine if EVCS's are required for any site plan or multifamily residential use. The amount of electric vehicle charging stations to be required for multifamily residential and nonresidential uses shall be at the discretion of the Planning Board and/or Zoning Administrator.
Design criteria. The following criteria shall be applied to the location and design of all EVCS associated with any nonresidential use and multifamily dwellings with 10 or more dwelling units:
Parking. EVCS shall be located in an existing or proposed parking space developed in accordance with the provisions of § 194-18 (Attachments 4 and 5).
Location. EVCS shall not be located in the most convenient or prime parking spaces that would encourage use by non-electric vehicles.
Equipment shelters. Aboveground electric vehicle charging equipment shall be contained in a Milbank enclosure or equivalent equipment shelter.
Cord management. EVCS shall be provided with a cord management system that keeps cords and connectors off the ground when not in use. Cords shall be retractable or the EVCS shall include a place to hang the cord and connector sufficiently above the pedestrian surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
Design and screening. Facilities should be able to be readily identified by electric vehicle users, but be compatible with the character and use(s) of the site. The Town may require screening of electric vehicle charging equipment with fences, walls and/or evergreen vegetation.
Equipment protection. Adequate EVCS protection, such as concrete-filled steel bollards, shall be used. Curbing may be used in lieu of bollards if the EVCS is set back a minimum of 24 inches from the face of the curb.
Pavement markings prohibited. No pavement markings or colored pavement shall be permitted other than what is required for standard and accessible parking spaces, and a generic electric vehicle symbol a maximum of four-square feet in size.
Number. Unless the Planning Board or Zoning Administrator determines otherwise, no more than 10% of the total number of parking spaces that are required to serve the use(s) on the site may be electric vehicle parking spaces.
Signs.
In addition to any signs required by law EVCS also may include one sign, a maximum of one square foot in size. Said sign shall: 1) not require a sign permit, and shall not be included in the total number of permitted signs for the lot or use to which the charging station is accessory; 2) shall be incorporated into or affixed to the charging station; 3) shall not be a separate stand-alone sign; and 4) shall not be illuminated, either internally, externally from underneath, above or behind, or with strip lighting or strings of light bulbs.
The following information shall be posted on all EVCS: voltage and amperage levels; hours of operation if time limits or tow-away provisions are to be enforced; usage fees; safety information; and contact information for reporting when the equipment is not operating properly or other problems.
No audio message or audible electronic devices such as loudspeakers and similar instruments shall be permitted.
A small screen/keypad shall be permitted on the EVCS for payment purposes only. With the exception of the foregoing, no visual electronic devices shall be permitted, including but not limited to video screens, television screens, plasma screens, holographic displays, or any other screen that displays moving images.
No other signs on the EVCS or for the electric vehicle parking space shall be permitted, including but not limited to electronic message display signs, off-premises signs, or any other type of advertising, other than as may be required by law.
Lighting. EVCS shall not be internally illuminated, nor shall any external illumination be attached to the EVCS.
Accessibility. EVCS shall be sited so as not to reduce or impede the accessible features of the site, including but not limited to accessible parking spaces, access aisles and routes, as required by the NYS Uniform Code. Accessible EVCS shall comply with the requirements of the NYS Uniform Code.
Maintenance. Electric vehicle charging stations shall be properly maintained in all respects, including the functioning of the charging equipment. Charging stations no longer in use shall be removed immediately.
§ 194-56 General.
In any district where permitted, the Planning Board may grant a special permit to establish the following uses, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this article.
§ 194-57 Hospitals.
Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit hospitals in any district where permitted, by special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
[Amended 6-14-2001 by L.L. No. 3-2001]
Purposes.
Flexibility of design and development. Permit flexibility of design and development in such a way as to promote superior land planning design, greater efficiency and convenience in the arrangement of land uses and their supporting infrastructure, preserve open space, protect floodplains and other natural features and otherwise encourage the most appropriate use of land.
Master Plan. Promote a development pattern in harmony with the objectives of the town's Master Plan.
Standards.
Setbacks. Buildings shall not be less than 100 feet from the street line and not less than 200 feet from any property line.
Location. Hospitals shall be permitted only in locations fronting on or having direct access to state or county highways, or the major collector roads as determined by the Planning Board.
Coverage. Building coverage, including accessory buildings, shall not exceed 20% of the lot area, nor shall the sum total of the land covered with buildings and parking area, including driveways, exceed 50% of the lot area.
§ 194-58 Hotels and motels.
[Amended 6-12-1986 by L.L. No. 4-1986]
Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit hotels and motels in any district where permitted, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.[1]
Purposes.
Flexibility of design and development. Permit flexibility of design and development in such way as to promote superior land planning design, greater efficiency and convenience in the arrangement of land uses and their supporting infrastructure, preserve open space, protect floodplains and other natural features, and otherwise encourage the most appropriate use of land.
Master Plan. Promote a development pattern in harmony with the objectives of the town's Master Plan.
Standards.
Use. Use of a hotel or motel site and any buildings or structures thereon shall be limited to the usual hotel or motel activities, as defined herein, and accessory uses incidental to the operation of a hotel or motel, and of the same general character, including but not necessarily limited to the following, provided that all accessory uses shall be planned as an integral part of the hotel or motel and located on the same site therewith:
Residence. One house or apartment with or without kitchen facilities for the use of the hotel or motel manager and caretaker and his family.
Restaurants. Restaurants, serving either hotel or motel guests exclusively or the general public, provided that no music or other sound shall be audible beyond the boundaries of the lot on which the use is constructed.
Recreation facilities. Amusement and sport facilities for the exclusive use of hotel or motel guests, including swimming pools, children's playgrounds, tennis or other game courts and game or recreation rooms, and not including membership clubs.
Parking. Automobile parking garages or carports for the exclusive use of hotel or motel patrons, and off-street parking spaces.
Office and lobby. Office and lobby, provision of which shall be mandatory for each hotel or motel.
Occupancy. Occupancy for any guest shall be limited to not more than 30 days in any ninety-day period. In no case are hotel or motel units to be used as apartments for nontransient tenants.
Dimensions.
Site. The site for each hotel or motel shall have frontage of at least 400 feet on a state or county highway.
Setbacks. The minimum setback requirements are as follows:
Minimum Setback from All Roads (feet) | Minimum Setback from All Property Lines Adjacent to Residential Districts (feet) | Minimum Setback from All Other Property Lines (feet) | ||
|---|---|---|---|---|
Hotels or motels and restaurants | 50 | 100 | 50 | |
Signs | 25 | 50 | 25 | |
All other buildings and structures and all outdoor facilities | 50 | 100 | 100 |
Coverage. All principal and accessory buildings shall cover a total of not more than 15% of the site.
Building height. No buildings or structures shall be more than 35 feet in height.
Length. The maximum length of any hotel or motel building shall not exceed 300 feet.
Access and service roads. Access and service roads shall be properly related to public streets and highways so as to avoid unsafe conditions and traffic congestion. Points of ingress and egress shall be limited to a total of two on any street. No backing of cars onto any highway shall be permitted.
Off-street parking. Where a hotel or motel includes a restaurant or other eating and drinking facilities, required parking space shall be provided for such facilities, in addition to required parking spaces for sleeping rooms and other floor space.
[Amended 6-14-2001 by L.L. No. 3-2001]
Signs. Signs shall be subject to § 194-111, Signs, except that no sign shall be erected which faces an adjacent school, park or residential property, except as set forth above. A sign shall be considered to face a school, park or property if it is located within 200 feet of and/or can be read from such school, park or property.
§ 194-59 Large-scale recreation developments and camps.
Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit large-scale recreational developments and camps in any district where permitted, by special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
[Amended 6-14-2001 by L.L. No. 3-2001]
Purposes.
Flexibility of design and development. Permit flexibility of design and development in such a way as to promote superior land planning design, greater efficiency and convenience in the arrangement of land uses and their supporting infrastructure, preserve open space, protect floodplains and other natural features and otherwise encourage the most appropriate use of land.
Master Plan. Promote a development pattern in harmony with the objectives of the town's Master Plan.
Eligible uses. The following recreational uses, allowed in such developments, shall be appropriate in size and suitably located to serve the needs of the development and shall not create any detrimental influences inside or outside the boundaries thereof: camps, private parks, playgrounds, golf courses, membership clubs, riding academies, recreation resorts, cultural facilities, motels, restaurants and retail sales facilities clearly incidental to the recreational use.
Standards.
Location and use. Where such developments do not front on or have direct access to a major or collector road as determined by the Planning Board, the intensity of use shall be limited by the Planning Board to the extent necessary to assure that the expected average traffic generation of such use will not exceed that which would be expected if the premises were developed for permitted residential uses.
Minimum lot. Minimum area of the recreational development shall be 50 acres and such development may be considered as one lot.
Setback. No structure shall be within 250 feet of any street or property line.
Landscape buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 194-109, shall be required along all lot lines adjoining properties in residential districts.
[Amended 10-25-2012 by L.L. No. 8-2012]
Setback special requirements. All active recreational facilities, such as tennis courts and swimming pools, shall be located out-of-doors except where the scale of buildings and setbacks are such that they will relate harmoniously to the existing residential character of the district in which they are located, and shall be set back from adjacent residential property boundaries at least twice the minimum distance required for residential buildings in said district except that the Planning Board may permit a reduction of this additional setback requirement where, because of topography or the installation of additional buffer landscaping and/or fencing, the Planning Board determines that any potential adverse external effect of such use can be effectively reduced.
[Amended 10-25-2012 by L.L. No. 8-2012]
Coverage. Buildings shall not cover more than 15% of the total area of the development.
Adverse effects. Appropriate safety measures, devices, screening or yard as required to avoid or minimize any adverse effects on the development itself or in the surrounding area shall be provided.
§ 194-60 Churches, schools and other public uses.
Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit churches or other places of worship, schools and libraries in any district where permitted, by special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
[Amended 6-14-2001 by L.L. No. 3-2001]
Purposes.
Flexibility of design and development. Permit flexibility of design and development in such a way as to promote superior land planning design, greater efficiency and convenience in the arrangement of land uses and their supporting infrastructure, preserve open space, protect floodplains and other natural features, and otherwise encourage the most appropriate use of land.
Master Plan. Promote a development pattern in harmony with the objectives of the town's Master Plan.
Applicability.
Churches. Churches include churches or other places of worship, including parish houses, church school rooms, convents or rectories.
Schools. Schools include public schools and private or parochial elementary or high schools.
Public uses. Public uses include nongovernmental uses operated for public benefit or education such as libraries or similar institutions.
Standards.
Location. The uses listed in this subsection may be permitted only in locations fronting on or having direct access to state or county highways, or the major collector roads as determined by the Planning Board.
Coverage. Building coverage, including accessory buildings, shall not exceed 20% of the lot area, nor shall the sum total of the land covered with buildings and parking area, including driveways, exceed 50% of the lot area. Church cemeteries shall be excluded from coverage estimates.
Setbacks.
Buildings. All new buildings shall be set back from adjoining properties in residential districts, and street lines directly opposite properties in residential districts, a distance equal to at least twice the normally applicable front yard setback requirement for detached one-family dwellings in the zoning district in which they are located, but in no case less than 50 feet.
Existing buildings. Setback requirements may be modified by the Town Board in cases of conversions of existing buildings.
Off-street parking. Off-street parking areas shall not be permitted in any required front yard, nor in any required side or rear yard within 20 feet of any adjoining property in a residential district.
Church cemeteries and columbariums. Church cemeteries of less than four acres and columbariums shall be subject to the same setbacks as new buildings. Church cemeteries of more than four acres shall be subject to the guidelines and requirements of cemeteries, as set forth in § 194-69, Cemeteries.
§ 194-61 Commercial stables and riding academies.
[Amended 6-14-2001 by L.L. No. 3-2001]
In any district where permitted, commercial stables and riding academies may be permitted, by special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
Minimum acreage. The lot is a minimum of 10 acres.
Setback. No building in which horses are kept shall be closer than 250 feet to any adjoining lot line.
Shelter. The horses shall be stabled or housed in a structure with adequate shelter, ventilation, light and drainage.
Feed containers. All feed shall be stored in rodentproof containers.
Storage of manure. No storage of manure shall be permitted to exceed 10 cubic yards in quantity to be located within 250 feet of a property line, watercourse or wetland area. Additionally, adequate provision for manure management shall be reviewed and approved by the Zoning Board of Appeals.
Dwelling units. There shall be no dwelling unit in the same building in which horses are stabled or housed, except as specifically authorized by the Zoning Board of Appeals as part of the special permit. The Zoning Board can grant such permit only on a finding that no health hazard will be created, shall only be for a professional caretaker for the stable, and the dwelling unit shall meet all applicable building, housing, fire and sanitary codes.
Confinement. Horses shall be adequately confined to protect life and property.
Dude ranches. Dude ranches shall not be allowed under this section.
Number of horses. In no event shall the number of horses allowed exceed one horse per half acre of land. However, the Zoning Board of Appeals may further limit the number of horses based upon considerations of land terrain, such as steep slopes or wetlands.
Site plan. Site plan approval by the Planning Board is required.
Other. All applicable standards for farms shall be met.
§ 194-62 Nursing homes and alternative care housing.
Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit nursing homes and alternative care housing in all residential districts, by special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.[1]
Purposes.
Flexibility of design and development. Permit flexibility of design and development in such a way as to promote superior land planning design, greater efficiency and convenience in the arrangement of land uses and their supporting infrastructure, preserve open space, protect floodplains and other natural features and otherwise encourage the most appropriate use of land.
Master Plan. Promote a development pattern in harmony with the objectives of the town's Master Plan.
Make alternative care housing possible. Make alternative care housing possible for those persons who are unable to live independently at a particular time.
Well balanced population. Achieve a well balanced population through the utilization of a controlled growth approach.
Integration. Achieve an acceptance of integration of alternative care housing residents into the community without creating a negative environment for the residents of the alternative care housing facility, as well as the residents of the community.
Applicability. This section applies to nursing homes and alternative care housing (ACH). Alternative care housing (ACH) facilities include but are not limited to community residences, supervised living facilities, supportive living facilities, family care homes, private property homes for adults, proprietary homes for adults, proprietary residences for adults, boarding and rooming houses, nursing homes, domiciliary care facilities, residential schools for the developmentally disabled, and other like facilities as determined by the Planning Board. The permitting of the above facilities in all residential districts by special permit shall be in accordance with the purposes, standards and procedures as follows.
Standards.
Number of facilities. The Community Environment Standards adopted in a Statement of Principle by the State Department of Mental Hygiene and the State Board of Social Welfare states that: "A concentration of residences in a single neighborhood would be detrimental not only to the community, but to the clients of the facility as well." To avoid a negative impact on the neighborhood as well as the residents of alternative care housing, the approval shall be limited to one facility within a one-mile radius. The one-mile radius shall be measured from closest lot line to closest lot line.
Location. The uses listed in this subsection may be permitted only in locations fronting on and having direct access to state or county highways, or the major or collector roads as determined by the Planning Board.
Site size. The minimum site size shall be four acres.
Density. The maximum density requirements are as follows:
Residential Zoning District | Maximum Number of Resident Beds Permitted | |
|---|---|---|
R-4 | 6 Beds/Acre | |
R-2 | 6 Beds/Acre | |
R-1 | 6 Beds/Acre | |
R-1/2 | 6 Beds/Acre | |
R-1/3 | 6 Beds/Acre | |
R-1/4 | 6 Beds/Acre |
Dimensions. The setbacks, height, bulk and minimum frontage for the underlying zoning district shall apply, but in no case shall structures other than a fence, wall or sign encroach onto a minimum front, side and rear yard of 100 feet; in no case shall parking be placed closer to a front, side or rear property line than 25 feet; and in no case building coverage, including accessory buildings, shall exceed 10% of the lot area, nor shall the sum total of land covered with buildings and parking, including driveways, exceed 30% of the lot area, within any residential district.
Buffer area. A landscaped buffer area shall be required to screen and protect neighboring residential properties from the view of uses and parking areas on the site. It shall be at least 10 feet in depth along any lot line abutting or directly across the street from a lot in a residential district. The buffer shall be of evergreen planting of such type, height and spacing as determined by the Planning Board. The plan and specifications for such planting shall be filed with the approved plan for the use of the lot. A wall, or fence of location, height and design approved by the Planning Board may be substituted for the required planting.
Visual impact. The visual impact of the facility should, to the extent possible, be consistent with the residential character of the zoning district. Signs shall not be more than 10 square feet in area and illuminated only by indirect lighting. All lighting shall be indirect so that the source is not seen from adjacent residential property. Wherever appropriate and possible, landscaping shall be provided to screen parking areas and buildings from the road and adjacent residential property.
Recreation. Provisions for recreation for ACH residents shall be provided with at least 10% of the total land area developed for both active and passive outdoor recreational uses.
Parking. A minimum of one parking space per each two resident beds is required on the site, with a minimum of six spaces. One off-street loading space shall be provided for each 100 patient beds or major portion thereof.
Occupancy and building type. The building may be occupied only by patients, staff members and the family of the owner or of one staff member. Any building to be used for convalescent or nursing home purposes shall be of fireproof construction and not more than two stories in height.
Building codes. New and/or existing structures shall be constructed, altered and renovated in accordance with the New York State Uniform Building and Fire Code and the regulatory agency(s) construction code and subject to County Health Department and Town Fire Department approvals.
Other requirements. In addition to the special standards described above, convalescent nursing homes and alternative care housing shall comply with any other requirements of the Zoning Chapter, including the general standards applicable to special permits, and all other applicable laws and regulations governing convalescent and nursing homes and alternative care housing.
Procedure.
Application. Information to accompany the site plan and application shall include:
Classification. Specific classification of the residence and the name of the regulatory agency(s).
Correspondence. Copies of all correspondence between the applicant and the regulatory agency(s).
Types of residents. Types of residents to be housed.
Number of residents. Current, expected and projected number of residents to be housed.
Employment. Will residents need employment?
Community facilities needed. What community facilities and services will the residents require. Will residents become the responsibility of the school system?
Integration plan. Describe the plan to integrate the residents into the community socially-economically.
Number of employees. Number of staff-employees residing on the premises, and number of nonresident staff-employees.
Community services needed. What community services will the facility require, i.e., sewerage, water, utilities, refuse, postal service, etc.? How provided?
Transportation plan. Describe transportation methods to be provided to serve residents' needs and proposed traffic generation and circulation date.
Recreation plan. Describe planned active and passive activities providing pleasant occupations, amusements and diversions.
Operating plan. Operating plan as it pertains to the other items.
Other. Other information requested by the Planning Board.
Other approvals and procedures. Special permit approval is subject to the licensing procedures of the County and State Department of Mental Hygiene, Department of Social Services, and the Board of Social Welfare, or any other appropriate state or county agency. A certificate of occupancy shall not be issued by the Zoning Enforcement Officer until a license is granted and a copy presented to the Planning Board. Any change to the current status shall require a new special permit application.
§ 194-63 Day-care facilities.
[Added 6-12-1986 by L.L. No. 3-1986; amended 6-14-2001 by L.L. No. 3-2001; 2-27-2014 by L.L. No. 2-2014; 2-13-2025 by L.L. No. 1-2025]
Authority of the Planning Board. Authority is hereby granted to the Planning Board, Town of East Fishkill, to permit day-care facilities by special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
Purposes. To provide facilities for the care of young children (under six years of age) during the normal business day so that parents and guardians may have work opportunities enhanced, play and social interaction opportunities for their children increased and learning opportunities provided.
Family day-care home standards. Family day-care homes must meet the following standards:
The Planning Board must find that the home is a private residence and meets all applicable zoning requirements.
The proposed provider must be certified by the Dutchess County Department of Social Services or its appointed agent that he or she meets the requirements of the Department and has received clearance from the Central Registry on Child Abuse.
A map, drawing or photograph shall be submitted to the Planning Board sufficient for the Board to make a determination that automobile access, egress and dropoff is safe and within reasonable proximity to the house. The Planning Board may waive further site plan review. It shall be the intent of this section that the special permit be granted within one meeting if the above requirements are met.
Day-care centers or nursery school day-care centers must meet the following standards:
State regulatory compliance. The center's operator shall show compliance with the regulations of the New York State Department of Social Services.
Location. Day-care centers shall only be located within the B-1, B-2, B-3, and PRDP Districts fronting on, and with access to, state or county roads or major local roads providing an arterial or collector function as determined by the Planning Board.
Dimensions. The setbacks, height, bulk and minimum frontage for the underlying zoning district shall apply. However, in no case shall any building be less than 100 feet from an adjacent residence nor shall parking be placed closer to a front, side or rear property line than 25 feet.
Parking. A minimum of one parking space for each employee shall be provided and visitor and dropoff parking in the amount of one space per five children.
Site plan review. The proposed use shall be subject to site plan review by the Planning Board. The Board shall particularly examine any proposed facility in a residential district to be certain that the visual impact of the facility is, to the extent possible, consistent with the character of the zoning district.
§ 194-64 Historic structures.
Applicability. This section shall apply to any structure within the Town of East Fishkill that is listed on the National Register of Historic Places or that is included in the Historic Structures Survey, dated June 1984, for the Town of East Fishkill, as amended from time to time by the Town Board.
Purpose. The purpose of this section is to assist in the preservation of the cultural heritage of the Town of East Fishkill by allowing specialized uses to be permitted in structures of historic and architectural merit.
Uses permitted by special permit. The following uses may be permitted by special permit granted by the Planning Board, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
[Amended 6-14-2001 by L.L. No. 3-2001]
Specialized business uses of low traffic volume, normally associated with history, the arts or cultural uses, appropriate to the structure and compatible with the neighborhood. Such uses may include:
Residential or professional uses, provided that they are appropriate to the structure, compatible with the neighborhood and are located on a state or county road that can accommodate increased traffic. These uses may include the following:
Requirements of special permit.
A site plan shall be submitted to the Planning Board to accompany any special permit application for historic structures. The site plan shall be accompanied by schematic architectural drawings which shall show the existing conditions of the structure, and the proposed restoration. The Planning Board shall receive a report from the Architectural Review Board (ARB) as to the appropriateness of the proposed restoration and its compliance with the Secretary of the Interior's national standards for the restoration of historic structures. Upon receipt of the ARB report, the Planning Board must make the following findings before approval is granted:
The exterior (and where appropriate, the interior) restoration shall maintain the architectural and historic integrity of the structure.
The proposed use is compatible with the neighborhood and activities permitted within the structure can adequately be buffered from any surrounding residential home.
The resulting traffic generation will not overburden existing roads and adequate parking can be provided without unduly destroying the landscape or the setting of the structure.
The proposed use is appropriate to the structure, will aid in the preservation of the structure and will not result in undue additions or enlargement to the structure.
§ 194-65 Subdivision recreation areas.
[Added 2-19-1987 by L.L. No. 2-1987]
Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill to permit subdivision recreation areas in any district where permitted, by special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
[Amended 6-14-2001 by L.L. No. 3-2001]
Purposes.
Purpose and intent. Provision of recreational services as an integral part of a subdivision plan. It is the intent of this section to provide the Planning Board with flexibility to allow the provision of accessory and subordinate recreational services to serve the needs of residents of a subdivision. Such recreation areas might include facilities such as tennis courts, swimming pools, club house facilities and other recreational uses. They are not intended to be open to the public or persons other than residents of the subdivision they are designed to serve.
Compatibility with neighborhood. At the same time, these facilities should be designed in a manner which is harmonious with the town's Master Plan and the neighborhood character of the subdivision being created.
Standards.
Requirements. The recreation area shall at least meet the standards of § 194-95, Private swimming pools and tennis courts, as to enclosures, coverage and setback requirements. Where required, the Planning Board can impose more stringent requirements.
Area. The Planning Board shall be satisfied that the size of the recreation area is sufficient to serve its intended purposes.
Landscape buffer areas. A landscaped buffer area shall be required along all lot lines adjoining properties in residential districts in order to assure compatibility with neighboring residential uses.
[Amended 10-25-2012 by L.L. No. 8-2012]
Maintenance. The Planning Board shall be satisfied that the facilities to be constructed will be adequately maintained and supervised, either through a homeowner's association or other appropriate means.
§ 194-66 Reserved [1]
[1]
Editor's Note: Former § 194-66, Stationary Solicitors, Peddlers, and Vendors, was repealed 9-22-2022 by L.L. No. 7-2022.
§ 194-67 Outdoor recreation developments.
[Added 10-24-1996 by L.L. No. 11-1996; amended 6-14-2001 by L.L. No. 3-2001; 10-25-2012 by L.L. No. 8-2012; 3-24-2016 by L.L. No. 2-2016]
Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit outdoor recreation developments in B-1 zones, by special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
Purposes.
Flexibility of design and development. Permit flexibility of design and development in such a way as to promote superior land planning design, greater efficiency and convenience in the arrangement of land uses and their supporting infrastructure, preserve open space, protect floodplains and other natural features, and otherwise encourage the most appropriate use of land.
Master Plan. Promote a development pattern in harmony with the objectives of the town's Master Plan.
Eligible uses. The following recreational uses are allowed in such developments:
Golf driving range.
Miniature and pitch and putt golf.
Golf putting greens.
Baseball/softball batting cages.
Tennis courts.
Freestyle ice skating and such other uses as the Zoning Board may deem similar to those above listed, and in conformance with the definition of outdoor recreation developments.
Multipurpose athletic fields.
Permissible accessory uses. Outdoor recreation uses may be accompanied by customary accessory uses, incidental to the primary use. Permissible indoor activities must be clearly subordinate to and accessory to the primary outdoor use. Permissible indoor activities may include food service facilities, meeting and assembly rooms, video computer game facilities, sales of sport or exercise-related equipment or clothing, and other similar customary accessory uses. Permissible accessory uses shall not include the sale, serving or consumption of alcoholic beverages. Billiards and pool are not included as permissible accessory uses.
Standards.
Location and use. Such development shall have frontage on a state highway, and such frontage shall be used as the sole means of access to the site.
Minimum lot size. Minimum lot size for a recreational development shall be 10 acres.
Building setbacks. No building shall be closer than 100 feet from the front property line, 100 feet from the rear property line, or 50 feet from a side line. Where an outdoor recreation development abuts a residential zone, the minimum building setback shall be:
Front | 100 feet | |
Rear | 200 feet | |
Side | 100 feet |
Setbacks for recreation activities: All active recreational facilities, including driving ranges and batting cages, shall be set back at least the following minimum distances from the property line:
Front | 100 feet | |
Rear | 25 feet | |
Side | 25 feet |
Where any property line of an outdoor recreation development abuts a residential zone, the minimum setback on any property line abutting a residential district shall increase to:
Front | 100 feet (no increase) | |
Rear | 50 feet | |
Side | 50 feet |
Setback and landscape buffer: parking. All parking facilities shall meet the minimum parking setback and landscaping requirements of § 194-116 of the East Fishkill Code.
Landscape buffer area facing residential property lines. A landscape buffer of not less than 25 feet in depth shall be provided along any lot line abutting or directly across the street from a lot in a residential district. The Planning Board may require the amount and depth of the landscaping to be increased to ensure adequate buffering from any visual and noise impacts associated with outdoor recreational uses.
Building coverage. Buildings shall not cover more than 5% of the total area of the development.
Total lot coverage. The total lot coverage of buildings and paved areas shall not exceed 35%. Golf driving ranges and greens shall be counted as open space, so long as they are used for no other purpose. If they are used for other purposes, they shall be counted as improved space for purposes of coverage.
Off-street parking. Parking shall be provided as follows:
Parking requirements.
Batting cage or driving range station | 1.1 space for each tee or station | |
Tennis courts | 2.5 spaces for each court | |
Miniature golf | 2 spaces per hole for the first 18 holes, and 1 space per hole for any additional holes | |
Pitch and putt | 25 spaces per nine holes | |
Ice skating rink | 1 per 200 square foot of rink area | |
Meeting/assembly space | 0.35 spaces per person of permitted maximum occupancy | |
Softball/baseball field | 30 spaces per backstop | |
Multiuse field (not specified above) | 30 parking spaces per field |
Parking relief. The Planning Board may grant relief from the parking requirements listed above provided the applicant can demonstrate the parking provided is sufficient for the site and shall not adversely affect the traffic, safety and welfare of the residents of the Town of East Fishkill. The Planning Board may require the applicant to submit a parking study demonstrating the parking demand for the proposed use based on data from the Institute of Traffic Engineers (ITE), field data and other appropriate source material. The scope or detail of such reports or studies shall be determined by the Planning Board. Such reports or studies shall be paid for by the applicant.
Fencing. Active recreational facilities such as tennis courts, batting cages, golf driving ranges, shall be fenced in a manner sufficient to meet applicable standards regulating such uses, and subject to the review and approval of the Planning Board relative to location, type, color, height and width of such fencing.
Emergency access and circulation. Emergency access and adequate circulation shall be provided for every athletic field and use on the site.
Athletic field/sports lighting. At the discretion of the Planning Board, outdoor recreation developments may be accompanied by athletic field/sports lighting. The Planning Board may establish conditions related to the design (height and appearance) and operation of the athletic field/sports lighting that it deems necessary and appropriate, based upon circumstances that exist at the time of the granting of the special permit.
Operational restrictions. At the discretion of the Planning Board, outdoor recreation developments may be accompanied by operational restrictions that limit the site's hours and days of operation to avoid noise, lighting and traffic impacts to neighboring properties.
Public assembly. A permit for public assembly per § 68-3 is required for any event where the property will be used for the assembly of persons in excess of an amount to be determined by the Planning Board at the time they issue the special permit.
Traffic management plan (TMP). For any event where the property will be used for the assembly of persons in excess of an amount to be determined by the Planning Board at the time they issue the special permit, the Planning Board may require the preparation of a traffic management plan (TMP) that describes how traffic, vehicle and pedestrian circulation, parking (including bus parking) and emergency response would be managed at the site during a special event.
Permissible accessory uses. Outdoor recreation developments may be accompanied by customary accessory uses, incidental to the primary use. Permissible activities must be clearly subordinate to and accessory to the primary outdoor recreational use. Permissible activities may include snack bar facilities, restrooms, bleacher/sitting/viewing areas.
The outdoor recreation developments, including accessory structures, buildings, parking areas, and outdoor storage areas, shall be screened from any surrounding uses as required by the Planning Board. The type of screening shall be at the discretion of the Planning Board, based on consideration of protecting surrounding uses by minimizing potential visual and noise impacts.
Community benefit. The owner shall enter into a written agreement with the Town regarding the use of the outdoor recreation development facility. The agreement shall specify the community benefits that shall be provided to Town residents for recreation as well as large-scale assembly.
Fees. For application fee purposes, the outdoor field/turf area will be calculated at the same rate as other site plans, except any interior field/turf areas will be calculated at a rate to be set by the Town Board on an annual basis.
Additional conditions. The Planning Board may, in its discretion, establish additional conditions that it deems necessary and appropriate, based upon circumstances that exist at the time of the granting of the special permit, including the prohibition of certain uses.
§ 194-67.1 Shared driveways.
[Added 11-14-2002 by L.L. No. 9-2002]
Authority of Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit shared driveways in all residential districts and business/residential split zone parcels by special permit, provided that the Board finds that the application meets all the general conditions of Article IX (Special Permits) and further meets all of the applicable conditions set forth in this section.
[Amended 2-28-2019 by L.L. No. 3-2019]
Standards.
Maximum number of lots. The maximum number of lots sharing a driveway shall be three.
Minimum area of each lot (not including any portion of shared driveway): 1.5 acres.
Width. The width of the traveled way of the shared portion of the driveway shall be 16 feet with a two-foot cleared shoulder on each side.
Length. The shared portion of the driveway shall in no event be longer than 1/4 mile.
Agreements for construction and maintenance. Appropriate legal agreements/declarations shall be provided to assure proper construction and maintenance of the driveway.
Buffering/Screening. Where appropriate, the Board may require additional screening or buffering to insure privacy to lots.
Shared driveways shall be constructed to the standards of the driveway specifications in the Town Highway Specifications (presently § A197-76).
The applicant must prove to the satisfaction of the Planning Board that each lot proposed to be served by a shared driveway could have had a driveway approved within the confines of the lot itself and serving said lot, such shared driveway provides a direct benefit to the Town, and such shared driveway has a shallower grade than an approvable separate driveway would have had. Shared driveways shall have a grade no greater than 10%.
[Added 10-26-2006 by L.L. No. 4-2006]
Construction of a shared portion of a driveway must be completed for any dwelling unit utilizing that driveway before the building permit is issued by the Building Department.
[Added 10-28-2010 by L.L. No. 6-2010]
Split zone lots. Shared driveways may be permitted on business and residential split zone parcels, provided the following conditions are met: Each lot sharing the driveways must be at least three acres, located on a state or county road and within the New York City Department of Environmental Protection (NYCDEP) Watershed to reduce the potential for impacts to environmentally sensitive watershed lands. Split zone lots are exempt from the shared driveway standards in § 194-67.1C(8) except that shared driveways shall have a grade no greater than 10% and shall be required to meet all other applicable standards set forth in § 194-67.1C.
[Added 2-28-2019 by L.L. No. 3-2019]
§ 194-67.2 Assisted living and congregate care facilities.
[Added 3-19-2015 by L.L. No. 2-2015; amended 6-22-2017 by L.L. No. 2-2017]
Purpose; authorization for special permit. It is the purpose of this section to encourage the development of well-designed alternative-care housing in the form of assisted living and congregate care facilities for disabled persons and individuals 55 years of age or older. It has been determined that the physical integration of alternative-care/assisted living and congregate care facilities along major state highways in residential areas will provide a more coherent land use pattern while imposing minimal impacts thereby preserving property values. Limiting these facilities to large parcels of property will maintain the visual and aesthetic environment. Further, a properly designed and operated assisted living or congregate care facility will provide area residents with employment opportunities. The Planning Board is therefore hereby authorized to issue a special permit for assisted living and congregate care facilities on sites which meet the eligibility criteria and other requirements set forth below.
Requirements. An application for an assisted living or congregate care facility shall be subject to the following requirements:
Site eligibility criteria. Applicants for a special permit for assisted living or congregate care facilities shall meet the following site eligibility criteria.
The site may be located within any Zoning District except the "I" Zones;
The site shall be within one mile from the intersection of Route 82 and Route 376 in the Hopewell Hamlet, and the site must have at least one lot line that crosses this radius.
Access to the site must be from a state or county highway.
Municipal or centralized water and sewers must be provided or capable of being provided to the site as well as electric, cable and telephone.
The minimum permitted lot area shall be five acres (net lot area). To calculate net lot area, the area of any lands subject to easements, rights-of-way, encumbrances, slopes in excess of 20% and NYSDEC or federal wetlands shall be deducted from the parcels gross acreage. The site must be of sufficient acreage as of the effective date of this section to be eligible for consideration.
Lot and bulk requirements. Applications for a special permit for assisted living or congregate care facilities shall comply with the following lot and bulk regulations:
Minimum lot area: five net acres, as defined above.
Density: 14 beds/units per acre of gross lot area.
Minimum lot width: 50 feet.
Maximum building coverage: 30%.
Maximum lot coverage: 65%.
Maximum building height: three stories/36 feet; 50 feet to roof peaks.
Required parking: two spaces for each four beds.
Permitted accessory uses. The following accessory uses shall be permitted:
Adult day care and memory care;
Physical and memory rehabilitation services, regardless of age of recipient of services, but no drug or alcohol rehabilitation services shall be permitted;
Caretaker's residence;
Off-street parking;
One freestanding sign not exceeding 25 square feet shall be permitted within a front yard, and shall be set back not less than 10 feet from any boundary line. The base of any such freestanding sign shall be mounted within a landscaped monument of stone, brick or other natural material as approved by the Planning Board.
Landscaping. Each assisted living or congregate care facility will provide suitable landscaping in accordance with the standards set by the Planning Board and as may otherwise be required in the Town Code for site plans.
Miscellaneous.
All assisted living or congregate care facilities shall be subject to site plan approval.
Utility service to the site shall be underground.
Outdoor public address systems or other outdoor amplified noise shall be prohibited.
The architectural style of the proposed development, exterior materials, finish and color shall be consistent with existing community and neighborhood character, and approved by the Architectural Review Board.
No building permit shall be issued for an assisted living or congregate care facility unless connection to municipal or centralized water and sewer services has been approved by the agency or authority having jurisdiction over such connection.
The minimum rental period shall be one year.
§ 194-67.3 Creation of certain lots in I-1 District.
[Added 9-24-2015 by L.L. No. 4-2015]
Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to allow flexibility in the creation of certain lots within the I-1 Zoning District, subject to the issuance of a special permit, which shall be based upon a finding that the application meets all of the general conditions of Article IX, and further meets all of the applicable standards and requirements set forth in this section.
Purposes.
The purposes of this section are:
To permit flexibility in the design and creation of new lots in the I-1 Zoning District on any site which previously received final site plan approval from the Planning Board for single tenant or single ownership use, and which otherwise meets the conditions set forth in this section.
To encourage and facilitate the redevelopment and reoccupancy of existing light industrial sites.
To further attract high-value industry into areas near the Interstate 84 corridor, consistent with the goals and objectives of the Master Plan.
It is determined that this intent cannot be achieved through the use of traditional bulk and dimensional regulations, the application of which may be inimical to the ability to foster the most economic and efficient use of such existing industrial sites, in a manner which takes advantage of the most advanced techniques of land development.
Eligibility.
No application shall be considered hereunder, unless the lot or lots for which the special permit is intended are within the I-1 Zoning District, and are part of any underlying site comprised of improved real property, having a total minimum area of 150 acres, which site has previously received final site plan approval from the Planning Board.
The site shall be partially or wholly improved within the I-1 Zoning District, and shall be proposed for reuse and/or redevelopment as part of any special permit application hereunder.
The site shall have a minimum of two existing access points from a state highway, at least one of which shall be signalized.
Standards.
Subject to the issuance of a special permit by the Planning Board, all dimensional and bulk regulations set forth in the Zoning Code, including the Schedule of Bulk Regulations[1] and applicable supplementary bulk regulations,[2] shall not apply to any lot or lots approved hereunder.
[1]
Editor's Note: The Schedule of Bulk Regulations is included as an attachment to this chapter.
If a site meets the eligibility requirements set forth in § 194-67.3C above, then all determinations relating to bulk and dimensional standards, including frontage, setbacks, buildings covered, floor area ratios, and parking and loading requirements for any lot or lots subject to a special permit review hereunder, shall be made treating the entire site as a single unit; provided, however, that access and infrastructure shall be shared by any lot approved. The Planning Board may consider user-defined parameters in lieu of the standards in the Supplementary Off-Street Parking Regulations,[3] provided that adequate documentation is provided by the applicant in support of such parameters.
As set forth in § 194-67.3C and D above, any eligible site hereunder shall continue to be treated as a single unit pursuant to a final site plan approval previously granted by the Planning Board. Accordingly, upon the issuance of a special permit pursuant to this section, no further site plan review and approval shall be required for any lot or lots reviewed and approved hereunder, unless:
There is a new use and related improvements proposed for any lot or lots which are vacant and unimproved at the time such special permit application is made, and such use and improvements otherwise require site plan approval in accordance with Article VII of this chapter; or
If there is physical expansion proposed for any lot or lots with improvements thereon at the time a special permit application is made hereunder, and such physical expansion would increase the area of any existing site improvements by more than 4,000 square feet, provided that the proposed expansion does not otherwise increase the occupancy of any existing building, or generate the need to construct five or more additional parking spaces.
Subject to the issuance of a special permit by the Planning Board, any eligible site hereunder may, for purposes of dedication, the creation of rights-of-way, sale, lease, mortgage, or other disposition or financing, be subdivided or re-subdivided, converted to condominium or cooperative ownership, or otherwise divided into lots, parcels or tracts, which may be sold, leased, mortgaged, or otherwise alienated or encumbered, without regard to any minimum lot area or any other dimensional, bulk or off-street parking/loading requirements set forth in the Zoning Code.
Reciprocal easements and/or agreements that address common access, shared parking, stormwater systems, and utilities shall be developed to ensure the future operation and maintenance of the infrastructure servicing any lot or lots approved hereunder.
§ 194-67.4 Senior independent living apartment complexes.
[Added 2-13-2020 by L.L. No. 1-2020]
Purpose; authorization for special permit.
It is the purpose of this section to encourage the development of well-designed alternative housing in the form of complexes providing apartments exclusively for occupancy by individuals 55 years of age or older, hereinafter referred to as "senior independent living apartment complexes." It has been determined that there exists a need for an alternative to traditional single-family housing for individuals 55 years of age or older based upon population demographics and the difficulties associated with maintaining larger single-family residences and the costs attendant to same on post-full-time-employment incomes. Locating such senior independent living apartment complexes along major state highways in residential areas will provide a more coherent land use pattern while imposing minimal impacts, thereby preserving property values. Limiting these senior independent living apartment complexes to large parcels of property will maintain the visual and aesthetic environment. Such senior independent living apartment complexes shall not be required to provide any services but shall not be precluded from doing so, provided that the residents thereof shall not be required to purchase any services as a condition of occupancy.
The Planning Board is therefore hereby authorized to issue a special permit for senior independent living apartment complexes on sites which meet the eligibility criteria and other requirements set forth below.
Requirements. An application for a senior independent living apartment complex shall be subject to the following requirements:
Site eligibility criteria. Applicants for a special permit for a senior independent living apartment complex shall meet the following site eligibility criteria:
The site may be located within any Zoning District except the "I" Zones.
The site shall be located within a one-mile radius from the intersection of Route 82 and Route 376 in the Hopewell Hamlet, and the site must have at least one lot line that crosses this radius.
Access to the site must be from a state or county highway.
Municipal or centralized water and sewers must be provided or capable of being provided to the site as well as electric, cable and telephone.
The minimum permitted lot area shall be five acres (net lot area). To calculate net lot area, the area of any lands subject to easements, rights-of-way, encumbrances, slopes in excess of 20% and NYSDEC or federal wetlands shall be deducted from the parcel's gross acreage.
Lot and bulk requirements. Applications for a special permit for senior independent living apartment complexes shall comply with the following lot and bulk regulations:
Minimum lot area: five net acres, as defined above.
Density: 10 apartment units per acre of gross lot area. The maximum number of units will be regulated by the State Environmental Quality Review (SEQR) process and other site constraints as determined by the Planning Board.
Minimum lot width: 50 feet.
Maximum building coverage: 30%.
Maximum lot coverage: 65%.
Maximum building height: three stories/36 feet; 50 feet to roof peaks.
Required parking: 1.5 spaces for each apartment unit plus visitor parking in an amount determined by the Planning Board to be adequate for such purposes based on industry standards.
Permitted accessory uses. The following accessory uses shall be permitted:
Caretaker's residence;
Off-street parking;
One freestanding sign not exceeding 25 square feet shall be permitted within a front yard, and shall be set back not less than 10 feet from any boundary line. The base of any such freestanding sign shall be mounted within a landscaped monument of stone, brick or other natural material as approved by the Planning Board.
Landscaping. Each senior independent living apartment complex will provide suitable landscaping in accordance with the standards set by the Planning Board and as may otherwise be required in the Town Code for site plans.
Miscellaneous.
Each senior independent living apartment complex shall be subject to site plan approval.
Utility service to the site shall be underground.
Outdoor public address systems or other outdoor amplified noise shall be prohibited.
The architectural style of the proposed senior independent living apartment complex, exterior materials, finish and color shall be consistent with existing community and neighborhood character, and reviewed by the Architectural Review Council (ARC).
No building permit shall be issued for a senior independent living apartment complex unless connection to municipal or centralized water and sewer services has been approved by the agency or authority having jurisdiction over such connection.
The minimum rental period for any senior independent living apartment shall be one year.
§ 194-67.5 Contractors' and commercial vehicle storage yards on agricultural parcels.
[Added 2-13-2020 by L.L. No. 1-2020]
Purpose: to permit contractors' businesses and commercial vehicle storage yards on agricultural parcels by special permit in a way that ensures that the use is compatible with the surrounding area and protects the public health, safety and welfare of the community.
Standards and requirements.
Contractors' yards and commercial vehicle storage yards are permitted on agricultural parcels with an agricultural exemption and greater than 15 acres in size.
No more than 5% of any agricultural parcel may be used as a contractor's yard or commercial vehicle storage yard.
Contractors' yards and commercial vehicle storage yards located on agricultural land in a residential zone must be located at least 150 feet from any residential parcel and fully screened from any public right-of-way or residential/commercial use.
Adequate access shall be provided to all areas of the facility for emergency vehicles.
The outside storage of materials shall conform to the following:
Materials and equipment shall be located within a designated area shown on a site plan.
The outside storage area shall be screened from public view by either a six-foot-high fence that is opaque or solid or a natural barrier composed of native species or a combination thereof. The Planning Board may require alternative or additional screening or landscaping as necessary.
An existing vegetative buffer of at least 10 feet in width may be substituted for the fence or natural barrier at the discretion of the Planning Board.
The outside storage area shall have the following setbacks:
Zone | Front Yard (feet) | All Other Yards (feet) |
|---|---|---|
Residential zones | 150 | 150 |
Business zones | 50 | 30 |
Industrial zones | 25 | 15 |
No storage of any hazardous materials will be permitted.
All fuel-storage tanks shall have self-containment capabilities in case of spill or leak. The Planning Board may require additional protection as needed to protect the health, safety and welfare of the public.
All maintenance work on equipment shall be performed within a structure or on an impervious surface that is designed to retain any spillage of fluids and cleaned immediately upon completion of work.
The processing of materials shall not be permitted.
Transport of materials in and out of the site shall be conducted between 6:00 a.m. and 8:00 p.m., Monday through Saturday, except under emergency circumstances.
The site shall be maintained in an orderly and safe condition at all times.
Procedures. The applicant shall follow the procedures set forth in Article VII, Site Plan Approval, of the East Fishkill Zoning Code, in addition to the following:
The applicant shall submit the following information:
§ 194-68 General.
In any district where permitted, the Zoning Board of Appeals may grant a special permit to establish the following uses, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this article.
§ 194-69 Cemeteries.
[Amended 6-14-2001 by L.L. No. 3-2001]
The Zoning Board of Appeals may grant a special permit to establish cemeteries, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
Church cemeteries.
Internal columbariums. Columbariums shall be allowed within or as an integral part of a church building or accessory church building or structure without a permit.
Church cemeteries of less than four acres and columbariums other than those described in Subsection A(1) shall be set back from streets and adjacent property lines at least 50 feet. Such setback areas shall be suitably landscaped and planted.
All other cemeteries. Cemeteries may be permitted, by special permit, in all residential districts, subject to the following conditions:
§ 194-70 Permit for preparation of mulching materials.
[Added 2-12-1998 by L.L. No. 2-1998; amended 6-14-2001 by L.L. No. 3-2001]
The Zoning Board of Appeals may grant a special permit for preparation of mulching materials, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section. Temporary use of property for the preparation of mulch materials may be established upon the properties listed herein, by special permit, upon a finding by the Zoning Board of Appeals that mining has permanently ceased on the property, that such mulching use would materially aid in the timely reclamation of the site, that the proposed use is in conformity with the standards applicable to special uses as listed in § 194-49, and that the proposed use conforms to the specific standards set forth in § 194-70. No area variances of the standards of § 194-70 shall be granted by the Zoning Board of Appeals. In providing that no area variances may be given from any of the standards set forth to qualify for such special permits, it is the town's specific intention to supersede the provisions of Town Law § 274-b, Subdivision 3 (L.1992, c. 694) insofar as this section has been interpreted to allow the granting of such area variances.
Eligible properties. Only the following properties are eligible for the issuance of this special permit. These properties have been found by the Town Board to be the only properties which are sites of a former mine in a residential zone, where mining has commenced prior to 1982, but the property has never been properly reclaimed, and where the owner has represented and is willing to assure that mining has now permanently ceased:
The property known as "Stormville Dolomite," consisting of three tax map parcels, 6656-00-080999 (6.72 acres); 6656-00-048998 (16.44 acres); and 6656-00-001956 (9.50 acres), such property presently owned by Southern Dutchess Land Holdings, Ltd.
Scope of special permit. The special permit shall initially be granted for only a period of time, up to a maximum of two years, as determined by the Zoning Board. The Zoning Board may renew or extend this permit, in its discretion, for good cause shown, provided that the applicant shows compliance with all conditions of the original permit, and a satisfactory rate of progress in completing the site reclamation. All extensions will be subject to all provisions of this section and any additional conditions imposed by the Zoning Board of Appeals. No extension of the permit shall be granted unless the applicant has complied with all conditions of a previously issued permit. On each extension, the Zoning Board shall review the matter to assure that the application continues to meet the standards of § 194-49 and this section. Periods of extension of the permit shall be for no more than one year. The special permit, including all its extension periods, shall not exceed the period of time necessary to complete reclamation, and in no event shall the total period of operations under the special permit and all extensions exceed eight years.
General site and lot requirements. The following shall be the minimum requirements to qualify for issuance of the special permit:
Minimum lot area | 10 acres | |
Minimum lot frontage | 75 feet | |
Minimum setback of screening, grinding and other production operations from adjoining lot line | 400 feet | |
Screening and buffering along adjoining residential boundaries | All setback areas must provide adequate screening and buffering for visual screening and protection against undue noise, in a manner deemed sufficient by the Zoning Board of Appeals. Such means may include any or all of the following: the provisions of earthen berms, of a height at least 15 feet, screening by existing vegetation and new plantings, and increasing the required setbacks. | |
Required location of entrance | State road |
Limits on permitted materials:
Permissible materials. The only materials that may be brought to the site for mulching preparation are those specifically authorized by the Zoning Board of Appeals as part of the special permit. These may include any among the following: tree and brush limbs, and other similar noncontaminated natural vegetation, such as butt logs, stumps, brush, chips and leaves. No other materials, including any C & D materials, or any contaminated, infested or hazardous material shall be brought to the site for any purposes. Additionally, the applicant is required to comply with any other applicable permit requirements imposed by any other governmental department or agency as to the permissibility of materials brought to the site.
Removal of materials from site:
As part of the permit, the Zoning Board of Appeals may authorize removal of any stockpiles of sand or gravel existing on the site as of the date of issuance of the original permit, provided those do not exceed a quantity of 30,000 yards. The Zoning Board shall impose conditions to assure that the pace of removal of the stockpiles is coordinated with the pace of reclamation. No more than four truckloads (eighteen-wheeler size) may be removed each day.
All soil which is produced as a by-product of the mulching operation, including any soil which falls from the stumps or brush as it is processed, shall be used on the site, for the purposes of reclaiming the former mining site. No soil shall be removed from the site.
Permitted operations.
The screening and grinding of natural vegetation as permitted by the Zoning Board, to produce wood material of a proper size for mulching, followed by the screening of the material to separate the wood, dirt and stone into separate piles, which will be temporarily stockpiled for future use in accordance with the terms of the special permit, for the periods of time and under the terms of the special permit.
After the initial separation of the soil and stone from the vegetative matter, there shall be no further sifting, sorting, screening or processing of any of the soil and stone.
There shall be no drilling, blasting, crushing of any rocks or stones, either before, during or after the initial separation. This limitation shall apply to any existing stones on the site, as well as any additional materials brought to the site.
All material brought to the site shall be processed to produce mulch within four months. No such material shall be left in an unprocessed state for more than four months.
Materials produced as a result of the mulching process (stones, dirt, mulch) may be disposed of as follows:
Mulch may be sold at the site on a wholesale basis, under the provisions of this section and any additional conditions imposed by the Zoning Board. It may be stockpiled and stored on the site for a maximum of six months.
Dirt produced as part of the mulching process must be used on the site as part of the reclamation, and may not be sold. It must be used promptly, and shall not be stockpiled an the site for longer than four months.
Stone produced as part of the mulching process, and not used for reclamation, may be sold on a wholesale basis under the provisions of this section and any additional conditions imposed by the Zoning Board.
No retail sales of any product are permitted at any stage of the operation.
This special permit does not authorize any mining or excavating activity, or the conducting of any other activities or businesses other than those specifically set forth herein, including but not limited to logging, processing and production of firewood, stone processing and any other similar activity.
Hours of operation. No operating of equipment, accessory wholesale sales, or any other activities conducted as part of this special permit shall be conducted before 8:00 a.m. or after 5:00 p.m., or on any days other than Monday through Saturday. No activities of any sort shall be permitted on Sundays or holidays.
Permitted structures and equipment:
Structures. As part of the special permit, the Zoning Board may allow a temporary steel structure no larger than 40 feet by 80 feet, such structure to be promptly removed at end of mulching operation. No cinderblock or concrete construction shall be allowed. The Zoning Board may require sufficient security for the obligation to remove the building at the end of the permit period. The Zoning Board shall refer the application to the Architectural Review Board for review and approval as part of the special permit. The Zoning Board shall impose conditions to assure that the building is properly screened and landscaped.
Equipment. As part of the special permit, the Zoning Board shall approve all equipment to be permitted on the site for use as part of the special permit operations, and no equipment shall be permitted on the site other than that specifically authorized by the Zoning Board.
Permitted signage. Signage shall be governed by the standards set forth in the Zoning Chapter, and shall be approved by the Zoning Board as part of the special permit (or by the Planning Board) as part of the site plan approval.
Site plan. In addition to special permit approval, site plan approval by the Planning Board is required, prior to the commencement of any operations.
Procedure for review of special permit application.
The review shall generally follow the standards set forth in Article IX of the Zoning Chapter, the article governing special permits. The applicant shall submit a copy of any Mined Land Use Plan and Reclamation Plan, together with a full description of proposed operations on the site.
In granting a special permit, the Zoning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. Upon its granting of said special use permit, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the town.
Review of requests for extension shall follow the same procedures. The applicant shall establish the status of the reclamation efforts, and report on activities pursuant to the permit. The Board shall review the pace of activities, the conformance with the conditions of the special permit, and any impacts of the previous operations upon neighbors or the public. Noncompliance with any of the provisions of this section, or with any conditions of the special permit, shall be a sufficient basis for the denial of the requested extension. In considering an extension, the Zoning Board is authorized to impose additional conditions to remedy or otherwise address any impacts of the operations which have occurred during the previous permit periods.
§ 194-71 Membership clubs.
[Amended 6-14-2001 by L.L. No. 3-2001]
In any district where permitted, membership clubs not operated for gain may be permitted by special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
Location and use. Where clubs do not front on or have direct access to a major or collector road as shown on the Town Development Plan Map, the intensity of use shall be limited by the Zoning Board to the extent necessary to assure that the expected average traffic generation of such use will not exceed that which would be expected if the premises were developed for permitted residential purposes.
Lot size. The plot shall comprise a minimum of five acres and membership is limited to 20 families per acre.
Setbacks. No buildings, structure, equipment or play area shall be located nearer than 40 feet to any front, rear or side lot line.
Landscape buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 194-109 of this chapter, shall be required along all lot lines adjoining properties in residential districts.
[Amended 10-25-2012 by L.L. No. 8-2012]
Special setback requirements. All active recreational facilities, such as tennis courts and swimming pools, shall be located out-of-doors except where the scale of buildings and setbacks are such that they will relate harmoniously to the existing residential character of the district in which they are located, and shall be set back from adjacent residential property boundaries at least twice the minimum distance required for residential buildings in said district, except that the Zoning Board may permit a reduction of this additional setback requirement where, because of topography or the installation of additional landscape buffer and/or fencing, the Zoning Board determines that any potential adverse external effect of such use can be effectively reduced.
[Amended 10-25-2012 by L.L. No. 8-2012]
Financial statement. Suitable evidence, such as tax records or organizational documents, shall be provided as a part of the special permit application to establish that the club will not be operated for gain.
Permanent dwelling facilities. Permanent dwelling facilities shall not be provided except solely for the use of the caretaker.
§ 194-72 Mobile home parks. [1]
[Amended 6-14-2001 by L.L. No. 3-2001]
Mobile home parks may be established and maintained in an R-3 District, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
No mobile home, building or structure shall be located nearer than 30 feet to any front, rear or side lot line of a mobile home site nor closer than 50 feet to the boundary lines of the mobile home park.
The plot comprises a minimum of 10 acres and each mobile home shall be located on a minimum lot area of 1/4 acre.
Access roads shall be at least 50 feet in width.
Water supply and sewage disposal shall have the approval of the Dutchess County Health Department.
The plot shall be maintained in single ownership and its subdivision into mobile home lots of 1/4 acre or more shall be for rental purposes only.
§ 194-73 (Reserved) [1]
§ 194-74 Private stables.
[Amended 6-14-2001 by L.L. No. 3-2001]
The Zoning Board of Appeals is authorized to grant a special permit for a private stable in the harboring or keeping of horses on a lot, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
Minimum acreage. The lot is of two acres or more in area for one or two horses, with an additional 1/2 acre for each additional horse.
Setback. No building in which horses are kept shall be located within 100 feet of a property line.
Shelter. The horses shall be stabled or housed in a structure with adequate shelter, ventilation, light and drainage.
Feed containers. All feed shall be stored in rodentproof containers, as determined by the Building Inspector.
Storage of manure. No storage of manure shall be permitted to exceed 10 cubic yards in quantity to be located within 100 feet of a property line, watercourse or wetland area.
Dwelling units. There shall be no dwelling unit in the same building in which horses are stabled or housed, except as specifically authorized by the Zoning Board of Appeals as part of the special permit. The Zoning Board can grant such permit only on a finding that no health hazard will be created, shall only be for a professional caretaker for the stable, and the dwelling unit shall meet all applicable building, housing, fire and sanitary codes.
Confinement. The horses shall be adequately confined to protect life and property.
Dude ranches and commercial stables. Dude ranches, commercial stables, keeping of hack horses for rent, riding academies or any renting of horses to the public shall not be allowed under this section.
Use of horses. Horses shall be solely for the use of residents and their guests.
Other. All applicable standards set forth in this chapter for farms are met.
§ 194-75 Land excavations and filling.
[Amended 9-26-2000 by L.L. No. 11-2000[1]]
The Zoning Board of Appeals is authorized to grant a special permit for land excavations and filling, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
Activities covered.
The provisions of this section govern land excavation and filling as defined in this chapter.
This section does not prohibit the regrading or movement of earth materials within the boundaries of a single lot, subject to applicable limits, provided that no earth material is removed from the lot and no earth material is brought to the lot.
Nothing in this section shall be deemed to authorize the dumping or depositing, at any premises, of garbage, refuse, household garbage or waste, construction or demolition debris, hazardous materials, or any materials other than clean fill or other uncontaminated earth, clay, stone, gravel, loam, humus, or other earth materials.
The Schedule of Permitted Uses sets forth the types of activities, if any, permitted in the various districts. Excavation and filling are principal uses permitted by special permit only in industrial zones (I-1, I-1-S, I-2, and I-3). Excavation and filling are not permitted as principal uses in residential zones (R-1, R-2, R-1/2 , R-1/3, R-1/4, CRD, PRD) or business zones (B-1 and B-2, PBN, PCP, and PRDP). Certain limited types of excavation and filling are permitted as accessory uses in R-1 and R-2 Zones and in the Active Farm Overlay (AFO) District.
Effect on existing operations. Excavation, removal, extraction, filling, regrading or earth moving operations in residential districts which are operating as of November 11, 2000, pursuant to a lawfully issued special permit issued by the Town of East Fishkill Zoning Board of Appeals, and, if applicable, a Mined Land Reclamation Law permit issued by the Department of Environmental Conservation, may continue to operate under those special permits. Such special permits may be renewed under the provisions of the law in effect at the time the initial permit was issued.
Supplemental regulations governing exempted activities.
The definition of "land excavation and filling" lists five activities that are not deemed to constitute land excavation and filling, provided that they meet the standards of these regulations.
All such activities require notice to the Building and Zoning Administrator, and the completion of a notice form, to be provided by the Building and Zoning Administrator, together with the filing of a sworn statement from the property owner certifying that:
In addition to the foregoing, the following activities shall meet the following additional standards set forth below:
Regrading on a single lot. The property owner shall describe the total amount of soil to be moved on the property, and the length of the operation.
Road construction.
If the proposed roads are part of new subdivision or site plan, all construction shall be performed in accordance with the approved plans.
No stockpiling shall take place except in accordance with plans approved by the Planning Board. All stockpiles must be removed within six months.
No processing of materials on the property is permitted.
Excavation from subdivision construction projects in R-1 and R-2 Zones.
Any proposed excavation or filling shall be approved by the Planning Board as part of the development of a filed subdivision plat, upon a determination that the proposed activity is necessary for the proper development of the site.
As part of the application for subdivision approval, the applicant shall file a grading plan showing existing and proposed contours and a report specifying the proposed tonnage and yardage to be removed from or brought to the subdivision.
The Town Engineer shall confirm that the total amount to be removed or brought to a site does not exceed the smaller of the following: a total amount of 10,000 tons or 7,500 cubic yards (whichever is smaller); or the number of tons or cubic yards computed by multiplying the total number of lots to be created by the subdivision times the amount of 500 tons or 375 cubic yards (whichever is smaller) per lot. If the total amount to be removed or brought to the site exceeds 1,000 tons or 750 cubic yards (whichever is smaller) in any 12 successive calendar months, the Building and Zoning Administrator shall also determine that the activity constitutes "excavation, removal and disposition of minerals from construction projects, exclusive of the creation of water bodies" under the standards of 6 NYCRR Section 420.1(k) so as to be exempt from any requirements for a DEC Mined Land Reclamation Permit.
In approving any proposed plan, the Planning Board shall have the right to impose conditions upon the proposed removal or filling operation.
No filling or removal shall commence until after the subdivision map is filed, unless the Planning Board gives permission to commence earlier, but in no event shall filling or excavation commence prior to the issuance of preliminary subdivision approval.
No processing is permitted.
Stockpiling shall only be permitted in accordance with plans approved by the Planning Board. All stockpiles will be removed in six months.
Site plans.
The Planning Board may authorize excavation or filling as an accessory use under the applicable use schedule, as part of the development of a signed site plan if the standards in this section are met.
The Planning Board shall determine that the proposed regrading and removal or filling is necessary for the proper development of the site.
As part of the application for site plan approval, the applicant shall file a grading plan showing existing and proposed contours and a report specifying the proposed tonnage and yardage to be removed from or brought to the site.
The Town Engineer shall confirm that the total amount to be removed or brought to a site does not exceed 500 tons or 375 cubic yards, whichever is less, for the site.
In approving any proposed plan, the Planning Board shall have the right to impose conditions upon the proposed removal or filling operation.
No excavation or filling shall commence until the site plan is signed, unless the Planning Board permits work to commence earlier, but in no event shall any work commence prior to the approval of the preliminary site plan.
The onsite processing of raw materials generated on the site and to be utilized within the site shall be permitted pursuant to this permit subject to all the standards set forth herein.
[Amended 1-24-2013 by L.L. No. 1-2013]
Stockpiling shall only be permitted in accordance with plans approved by the Planning Board. All stockpiles will be removed in six months.
Structural excavation and filling shall be an exempt activity similar to the work that may be required for the installation of a septic system. Structural excavation and filling is defined as "the excavation of materials deemed unacceptable by a licensed professional engineer for proper foundation bearing and construction." Such excavated materials will be replaced with material deemed suitable by the design engineer.
[Added 1-24-2013 by L.L. No. 1-2013]
Supplemental regulations governing activities permitted without a special permit.
The Schedule of Permitted Uses permits certain activities by right, without the requirement of a special permit. Those activities are subject to the following supplemental regulations.
All such activities require notice to the Building Inspector, together with the filing of a sworn statement from the property owner certifying that:
In addition to the foregoing, the following activities shall meet the following additional standards set forth below:
Landscaping operations and building operations.
The property owner shall file with the Building and Zoning Administrator documentation that the proposed removal or filling is related to a bona fide landscaping operation on a lot upon which a primary residence is located, or for which a current, valid building permit has been issued.
Activities in Active Farm Overlay (AFO) District.
The property owner shall file with the Building and Zoning Administrator a sworn statement confirming that the proposed removal or filling is in aid of agricultural activities. Plans shall include areas to be affected, plans for saving all topsoil, plans for seeding and mulching affected areas, and final drainage configurations. Excavation and filling operations are considered to be in aid of agricultural activities where they meet all of the following standards:
The excavation or filling is clearly incidental and secondary to the use of the farm for agricultural purposes, and does not alter the character thereof. All excavation or filling activity shall cease immediately upon the cessation of farming.
The excavation or filling operation will enhance the usability or productivity of the land for farming and agricultural activities. Proposing to excavate material from lands which are not part of an existing farm operation and reclaim them in a manner that makes them suitable for agricultural use will not be considered in aid of agricultural activities. Permitted improvements and enhancements may include structures or other improvements, including ponds, that benefit or are necessary for agricultural pursuits. Such ponds shall be no larger than required to meet agricultural needs and must be directly related to agricultural use such as an irrigation water source for crops, water source for livestock, or ponds for fish propagation. Excavation or filling that makes land unsuitable for agricultural use, or that does not enhance its usability for farming, but that does enhance its usability for other purposes, such as residential development, will not be considered "in aid of agricultural activities."
The enhancements resulting from the excavation or filling must be associated with agricultural activity which is either already occurring, or will commence immediately upon completion of the regrading operation.
The excavation and restoration activities must be completed within a twelve-month period from commencement.
The onsite processing of raw materials generated on the site and to be utilized within the site shall be permitted pursuant to this permit subject to all the standards set forth herein.
[Amended 1-24-2013 by L.L. No. 1-2013]
The Building and Zoning Administrator shall also verify that the activity is considered in aid of agricultural activities under 6 NYCRR Section 420.1(k) so as to be exempt from the requirement of obtaining a New York State Department of Environmental Conservation Mined Land Reclamation permit.
Standards for issuance of a special permit by the East Fishkill Zoning Board of Appeals.
Where the Use Schedule provides that an accessory use is permitted by special permit of the East Fishkill Zoning Board of Appeals, the Zoning Board may grant or renew a special permit, after a public hearing on due notice, if it finds that the special permit standards contained in § 194-44 and the supplemental use regulations contained in this chapter are satisfied. In approving any special permit, the Zoning Board of Appeals may also impose appropriate conditions under Town Law § 267-b, Subdivision 4.
Supplemental use regulations applicable to land excavation, filling, and regrading activities which require a special permit under this chapter and which are not also subject to regulation under the New York State Mined Land Reclamation Law are contained in Subsection E(1).
Supplemental use regulations applicable to land excavation, filling, and regrading activities which require a special permit under this chapter and which are also subject to regulation under the New York State Mined Land Reclamation Law are contained in Subsection E(2).
The maximum term for a special permit under this section shall be two years. Renewal terms shall also be no longer than two years.
Standards.
The following supplemental use regulations shall apply to land excavation, filling, and regrading activities which require a special use permit under this chapter and which are not also subject to regulation under the New York State Mined Land Reclamation Law. The Zoning Board of Appeals shall find that all of the following standards have been met:
Natural beauty. That the natural beauty of the Town or district shall not be impaired or effected.
Proper drainage. That the plan provides for proper drainage of the area both during and after the excavation, filling or regrading and will not adversely affect the structural safety of adjoining buildings or land.
Water bodies. When the proposed excavation or filling operation requiring a special permit provides or contemplates creation of a body of water, then either subdivision or site plan approval by the Planning Board shall additionally be required.
Watercourses. No excavation or deposit of topsoil, earth, stone, gravel, rock or other natural mineral shall interfere with any natural watercourse.
Grade of abutting roads. No excavation shall be made below the adjacent grade of any abutting road unless the Town Board shall find that the peculiar conditions pertaining to the property effected would justify such depth of excavation, in which case, the Town Board may impose such further conditions as are, in its judgment, appropriate to safeguard the public interest.
Water table. That there will be no excavation to a depth of less than six feet above any ledge or the natural water table unless the final approved site plan indicates a proposed conforming use that requires a deeper excavation.
Contours. That no sharp declivities, pits, depressions or soil erosion problems will be created and that no slopes or banks will exceed one foot of vertical rise in two feet of horizontal distance or exceed whatever lesser slope is necessary to maintain stability under the particular soil conditions.
Setbacks. That a distance of not less than 50 feet shall be maintained undisturbed between any mining, filling or regrading operation and any street right-of-way line. In all zones other than the Active Farm Overlay District, a distance of not less than 250 feet shall be maintained undisturbed between any such operation and the property line of any residence. In the Active Farm Overlay District, a distance of not less than 250 feet shall be maintained undisturbed between any such operation and any residence. The Zoning Board of Appeals may grant a variance of all or a portion of the setback requirements of this section where the excavation limit will be to an elevation equal to or above the grade of the adjoining property or street, and where all other requirements are met.
Enclosure. That suitable fencing for enclosing the property in which the soil mining excavation, filling or regrading is located shall be provided if the Zoning Board of Appeals determines that such is required.
Access. That the proposed truck access will not create safety or traffic hazards.
Loading. That trucks and vehicles shall be loaded and operated so as not to spill gravel, rocks or sand upon the roads and highways or otherwise impair or damage the roads and highways.
Hours of operation. That operations will be restricted to the maximum hours of 7:00 a.m. to 7:00 p.m., with no operation allowed on Sundays and legal holidays. Exceptions can be made for operations necessary during period of national or other unusual emergency and whenever any reasonable or necessary repairs to equipment are required to be made as determined by the Zoning Board of Appeals. If appropriate, the Zoning Board may impose further restrictions on hours of operation.
Noise and vibration. That no soil mining, filling or regrading operation shall emit an injurious amount of noise or vibration beyond such limits or contribute to soil erosion or cause public hazard, nor increase the ambient level of atmospheric dust beyond the limits of the bounds of the mining area as set forth by the most current standards established by the New York State Air Pollution Control Board. Upon written request of the Zoning Board or its agent, the operation shall submit a certification from a qualified independent laboratory that these standards are being complied with.
Dust. That proper provision will be made for control of dust and that all roads within any mining or filling area which are located within 500 feet of any structure used primarily for human occupancy shall be provided a dustless surface.
Status reports. The Board may require the submission by the applicant of periodic reports, prepared by and bearing the seal of a land surveyor or engineer, showing the status and progress of the excavation or filling.
Top layer of soil. For excavation and filling the top layer of arable soil (for preferred depth of six inches) shall be set aside and retained on the premises and shall be respread over the excavated or filled area upon completion of the excavation or removal in accordance with approved contour lines, and seeded with a suitable cover crop.
Future use of property. The proposed excavation or filling will not impair the future use of the property in accordance with this chapter and banks will not impair good development and safe use of the property after excavation. The Zoning Board may impose conditions, including monitoring requirements, to ensure that this standard is met.
Removal. At the termination of the approval period, any structure, improvement, equipment or machinery erected, placed or maintained upon such premises, except as may be otherwise permitted under this chapter, shall be removed and the premises restored to the contours authorized in the permit so that:
State Environmental Quality Review. All standards of SEQR shall be met.
Special processing requirements.
[Added 1-24-2013 by L.L. No. 1-2013]
Materials process must be utilized on site only.
Processing shall only take place between the hours of 8:00 a.m. and 5:00 p.m. Monday through Saturday.
No processing shall take place within 1,000 feet of a private residence.
Stockpiles shall have proper erosion control, and stockpiles shall not remain on site for more than one year without further approval of the Town.
Processing shall be limited to the following:
Crushing shall be limited to rock, boulders, concrete, pavement, asphalt, or masonry, all of which must be located on the site subject to the approvals and permit.
Screening shall be limited to dirt, topsoil or bank run gravel.
Man-made materials, such as shingles, tires, lumber, sheetrock, glass, demolition debris, etc., shall not be processed on the site.
Except as modified herein all other appropriate standards set forth in this section shall be applicable and reviewed by the permit granting authority.
Time period. The Planning Board shall set the time period within which processing can take place but not more than for 30 days (total time) unless more time is granted due to special circumstances such as size of project or physical conditions.
The following supplemental use regulations shall apply to land excavation, filling, and regrading activities which require a special use permit under this chapter and which are also subject to regulation under the New York State Mined Land Reclamation Law. The Zoning Board of Appeals shall find that all of the following standards have been met:
Natural beauty. That the natural beauty of the town or district shall not be impaired or affected.
Proper drainage. That the plan provides for proper drainage of the area both during and after the excavation, filling or regrading and will not adversely affect the structural safety of adjoining buildings or land.
Water bodies. When the proposed excavation or filling operation requiring a special permit provides or contemplates creation of a body of water, then either subdivision or site plan approval by the Planning Board shall additionally be required.
Watercourses. No excavation or deposit of topsoil, earth, stone, gravel, rock or other earth material shall interfere with any natural watercourse.
State Environmental Quality Review (SEQR). All standards of SEQR shall be met.
Applications. Application for a special permit shall be submitted in writing to the Zoning Board of Appeals. The application shall be accompanied by 10 copies of maps and plans prepared by an engineer or surveyor licensed to practice in the State of New York and showing the following:
Participants. The full names, signatures and addresses of the owner, lessee and applicant and the written consent of the mortgagee, if any.
Description of proposed operations. A statement clearly detailing the nature and extent of operations, including the type and amount of material to be filled, regraded or removed, the manner in which it will be accomplished, the proposed hours of operation, and a time schedule for the completion of the various stages of the operation.
Boundaries of property. The boundaries of the property where the excavation is proposed and the area to be excavated, filled or regraded.
Existing contours. Existing contours in the area of operations and proposed contours after completion of the work, which contours shall be prepared from an actual field survey, shall be based on a bench mark noted and described on the map and shall be drawn to a scale of not less than 100 feet to the inch and with a contour interval not to exceed two feet. If necessary, the Board may require more detailed contours. If the Zoning Board finds that an actual field survey is not necessary in order for it to make a proper determination of the application, the Board may waive the requirement of such survey.
Existing and proposed water bodies and drainage. Existing and proposed watercourses, water bodies, erosion control and drainage on the premises.
Surrounding area. Surrounding streets and property lines and names of property owners.
Natural features. Principal wooded areas, any rock outcrops and watercourses.
Existing and proposed structures. Existing and proposed structures on the premises and surrounding properties.
Truck access. Proposed truck access to the excavation, filling or regrading area.
Liens. Proof that there are no unpaid taxes or assessments affecting or constituting a lien on the premises.
Phasing plan. Phasing plan for operations and restoration of the site.
Other. Such other maps, plans, boring tests, feasibility studies and there engineering data as may be required by the Town Board in order to determine and provide for the proper enforcement of these regulations.
State Environmental Quality Review. The application must include an environmental assessment form and such information necessary to comply with SEQR.
Administration.
Bond. The operator shall execute a bond in an amount sufficient to secure the performance of the conditions and issuance of the special permit.
Compliance. If at any time the Zoning Board of Appeals finds that the excavation, removal, filling or regrading is not being conducted, or cannot be conducted, in accordance with the plans as approved, the permit shall automatically become void upon notification sent by the Board to the permittee, by regular mail, to the address given on the application.
Inspection fees. That the applicant shall pay an annual inspection fee as set from time to time by the Town Board. Nonpayment of this fee shall cause the permit to become void.
§ 194-76 Commercial communications towers and antenna installations.
[Amended 6-11-1998 by L.L. No. 5-1998[1]]
The Zoning Board of Appeals is authorized to grant a special permit for commercial communications towers and antenna installations, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in §§ 194-77 through 194-84.
§ 194-77 Compliance required.
The construction, placement, maintenance, removal and use of commercial communications towers and antenna installations shall be governed by this section, and not by § 194-161, or any other section dealing with public utility structures or utility substations. No commercial communications tower shall be placed, constructed or used, and no such tower, including any towers in existence before the effective date of this section, may be modified, moved, reconstructed, expanded, changed or structurally altered, without compliance with this section. The addition of new antenna installations to an existing tower shall be considered a change requiring compliance with this section.
No commercial communications antenna installation shall be placed, located or collocated on a tower, building or other structure, or used, and no such installation, including an installation placed, located or collocated before the effective date of this section, may be modified, moved, reconstructed, expanded, changed or structurally altered without compliance with this section.
All construction relating to the establishment or modification of a commercial communications towers or antenna installations, including but not limited to the placement of a tower, the modification of a tower, the placement of additional or modified antenna on a tower, the construction or modification of accessory utility buildings, and related activities, shall require issuance of a special permit approval by the Zoning Board, as set forth herein. No building permit shall be issued until the special permit has been issued.
Compliance with each and all of the locational, design, bulk and area requirements of this section is required for the issuance of any special permit. The Zoning Board does not have the authority to waive any of the requirements for a special permit in the guise of an "area variance" of any of those requirements. The placement of towers or antenna installations which do not comply with the use and locational requirements of this section is prohibited, and may be authorized only upon the issuance of a use variance from the Zoning Board of Appeals. The standards to be applied in determining whether to grant such a use variance shall be those set forth in Town Law § 267-b or, where applicable, under the standard enunciated by the New York Court of Appeals in Consolidated Edison Co. V. Hoffman, 43 N.Y.2d 598, 403 N.Y.S.2d 193 (1973), as further applied by the Court of Appeals in Cellular Telephone Co. V. Rosenberg, 82 N.Y.2d 3-64, 604 N.Y.S.2d 895 (1993), as such standards may be modified by statute or case law in the future. In providing that no area variances may be given from any of the standards set forth in this section to qualify for such special permits, it is the town's specific intention to supersede the provisions of Town Law § 274-b, Subdivision 3, (L. 1992, ch. 694), insofar as this section has been interpreted to allow the granting of such area variances.
All applications must also comply with any applicable provisions of state or federal law, including the provisions of the Code of Federal Regulations pertaining to objects affecting navigable airspace as delineated in Federal Aviation Regulation (FAR) Part 77. Additionally, no application for construction of a communications 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.
Effect on pending applications. Applications to construct a tower or collocate antennas pending before any Board of the town at the time of adoption of this section shall continue to be processed to minimize delay and expense to the applicant as much as possible. Applicants shall submit any additional information required by this section to the Zoning Board. Information already on file with the reviewing Board shall be used to the extent applicable to satisfy submission requirements under this section. All pending applications shall be decided under the provisions of this article, and a public hearing under this section shall be promptly scheduled as soon as the applicant submits the information required by this section.
Exemptions from coverage by this section. This section does not cover police or fire communications, or facilities used exclusively for private radio and television reception and private citizen's bands, amateur Ham radio and other similar private, residential communications systems, provided that such systems do not contain a commercial telecommunications antenna installation and are not located on a commercial telecommunications tower. If any question arises under this section as to whether a particular tower or other facility is covered by this section, the Zoning Board of Appeals is empowered to interpret this section in the same manner as interpretations of other provisions of the Zoning Chapter.
§ 194-78 Special permit authorized.
Except as specifically provided in Subsection B herein, in any district where permitted by special permit, as set forth under the use schedules, the Zoning Board shall be authorized to issue a special permit to authorize the construction of commercial communications towers and antenna installations, upon compliance with the following standards, in addition to the general standards for obtaining a special permit set forth in Article IX. The review shall generally follow the procedures set forth in § 274-b of the Town Law of the State of New York, and the town's special permit regulations, including the provision for public hearings. The Zoning Board's review hereunder includes a review of the elements of the site plan, and shall be deemed to satisfy the requirements of § 194-24C (site plan review) of the Zoning Chapter, without the need for any separate site plan review by the Planning Board. Architectural Review Board approval shall not be required.
Overlay areas where new towers may not be located. Even if otherwise permissible under the zoning use schedule, no commercial communications tower shall be placed in any of the following overlay scenic areas:
Within 3,000 feet, in any direction, of the intersection of Route I-84 and the Taconic State Parkway.
Escrow deposits for review fees by technical consultants. Applications under this section shall be subject to the provisions of Local Law No. 1 of 1996, which requires escrow deposits for professional review fees, in addition to the application fee. Professional review for the purposes of this section shall include the services of a qualified engineer or consultant to evaluate the application.
§ 194-79 Application for collocation or placement on an eligible structure.
Structures eligible for placement of additional antenna installations. The following structures are eligible for collocation, if such collocation is permitted by the use schedule and by the other applicable provisions of this law:
Towers receiving all necessary approvals under former § 194-76 of the Zoning Chapter to allow commercial communications activity. Any proposed alterations to the tower to accommodate additional antenna, including any alteration or expansion of the tower base, and any increase in height shall require special permit approval as part of the review on the application for the special permit for the antenna installation. Noncommercial towers, including facilities used for private citizen's bands, amateur radio and other private residential communications are not eligible for collocation. Commercial towers which did not receive approvals under § 194-76 are considered to be in violation of the code, and are not eligible for collocation unless the tower first receives approvals under this section.
Commercial communications towers lawfully placed after the enactment of this section, provided that the structure can safely support the additional antenna installations as set forth in this section. Noncommercial towers, including facilities used for private citizen's bands, amateur radio and other private residential communications are not eligible for collocation.
Other tall structures, including buildings, water towers, salt sheds, roadway maintenance facilities, recreation facilities, scoreboards, lighting at recreation fields, and similar facilities, located on property owned by the Town of East Fishkill, or other municipal or governmental entities; or water towers, power transmission lines, public utility poles, church steeples and other similar structures or buildings, as interpreted by the Zoning Board of Appeals.
Application for proposed collocated commercial telecommunications antenna installation on existing tower, or placement on an eligible structure. An applicant proposing to collocate a commercial telecommunications antenna installation on an existing tower or to place same an eligible structure, as allowed in the use schedules, shall apply to the Zoning Board for special permit approval. The review shall generally follow the procedures set forth in § 274-b of the Town Law and the town's special permit regulations in Article IX. Architectural Review Board approval shall not be required. The applicant shall submit the following information:
A completed application for a building permit.
Proof of compliance with all requirements for a special permit, including the provisions of this section.
An engineer's report describing the proposed changes, expansions or modification to the existing tower or other structure, and certifying that the proposed collocation will not diminish the structural integrity and safety of the existing tower or other structure upon which collocation is proposed. If the alterations would alter or expand the tower base, or increase the height of the tower by more than 15%, then the application shall be treated as one for a new tower.
A report, prepared by a qualified professional, confirming that the level of radio frequency (RF) emissions from the proposed installation (and any collocated installations) are within standards promulgated by the Federal Communications Commission (FCC).
Documentation of consent by the owner of the structure upon which the antenna is to be located.
Where collocation is proposed on a building or structure, the applicant shall provide architectural elevations and sections illustrating the proposed commercial telecommunication antenna installation at appropriate scales, but no smaller than 1 inch equals 10 feet. Elevations shall be provided for the building front and the side nearest the proposed antenna installation. For collocation on structures, two significant vantage points shall be evaluated by the applicant as part of its submission to the Zoning Board. The Zoning Board may, during its consideration of an application require evaluation of other, significant vantage points, as are necessary to evaluate the visual impacts of each installation.
A full EAF, stating whether the proposed location is within the following viewsheds. If so, a visual EAF addendum shall be attached.
Views to or from the Appalachian National Scenic Trail | |
Views from Shenandoah, Route 52, the Taconic Parkway and I-84 to Hosner Mountain | |
Views from Route 52 and I-84 to Stormville Mountain | |
Views from Route 52 and I-84 to the mountains of Wiccopee. | |
Areas hereafter identified as significant scenic viewsheds in the Master Plan. |
A drawing at a suitable scale (one inch equals 50 feet or one inch equals 100 feet) which shows the following elements:
Site location map. Site location map at one inch:2000 feet (USGS scale).
Ownership. Property lines, tax map parcel identification and names of all adjoining property owners and streets.
Land uses. Land use designations and existing land uses of proposed site and adjoining properties.
Existing and proposed improvements. All existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors. The applicant shall indicate property boundaries and setback distances for all proposed improvements, including distances to the nearest corners of existing towers, buildings and structures proposed for collocation.
Site disturbance plan. Site disturbance plan indicating limits of areas where vegetation is to be cleared or altered. Where clearing of wooded areas is proposed, the applicant shall explain the reasons for such clearing, and discuss alternative plans that would minimize such clearing and retain more vegetation for site screening and shading.
Parking and landscaping plan. Parking and landscaping, including any proposed site grading and drainage.
Screening. The site plan shall describe any methods to be used to screen or conceal the proposed modification of the existing building, tower or other structure. The Board may require architectural elevations and/or visual simulations to ensure adequate screening from views identified in Subsection B(6) above.
The applicant must show that the property on which the proposed facility is located is in compliance with any previously approved site plan. If the site does not comply, it must be brought into compliance prior to any approval of the cell tower application.
§ 194-80 Application for a special permit to place new commercial communications tower.
An applicant proposing to construct a new commercial communications tower as permitted in the use schedules, shall apply to the Zoning Board for special permit approval. Architectural Review Board approval shall not be required. The application for a special permit shall generally follow the standards of Article IX of the Zoning Chapter. It shall contain, at a minimum:
A report providing documentation of an actual need by an actual provider of communications services for the construction of the tower in order to provide communications services. Special permits are to be based on actual need, and not on speculation of possible future needs which may or may not materialize.
Radial plots depicting the anticipated radio frequency levels and coverage for the proposed site.
Radial plots depicting evidence that the proposed area to be provided coverage by the proposed new tower is currently deficient in radio frequency coverage.
The frequency spectrum (output frequency) to be used at the proposed site (cellular, personal communications systems, broadcast frequency, analog or digital, etc.).
A map depicting the applicant's network of towers within 10 air miles of the proposed site, including planned or proposed towers or antenna installations to be erected within the next 24 months of the date of the application.
A copy of a current FCC license that authorizes the applicant to provide service.
The type, manufacturer, model number of the proposed tower.
The height of the proposed tower, including the height of any antennae structure above the supporting structure of the tower.
The number of proposed antennas, type, manufacturer, model number, dB gain, size and orientation of the proposed tower.
Proof of compliance with all requirements for a special permit, including the provisions of this section.
A statement of how the application meets the following siting objectives for new towers:
A new tower shall, to the extent possible, be sited where its visual impact is least detrimental to the scenic areas and ridge lines identified in this section or in the town's Master Plan, or to historic resources. If a significant adverse visual impact is identified, the applicant shall demonstrate that suitable landscaping, buffering or other techniques will be used, and that they are able to minimize such impacts to a level of insignificance.
A new tower shall, to the extent possible, be sited distant from residential properties, and where visual impacts upon residential properties can be minimized.
Antenna installations shall, when possible, be collocated either on existing towers or on eligible structures, unless it is clearly shown that shared use of existing tall structures and existing or approved communications towers is undesirable or unattainable, due to the absence of existing towers or eligible structures for collocation; the technical infeasibility of collocation in light of the applicant's system requirements, frequency incompatibilities or engineering limitations; the existence of physical constraints that render the collocation infeasible; the inability to secure permission to collocate, in spite of good faith efforts; or the applicant's proposed collocation on the site would have an adverse impact an the surrounding area which exceeds that of the proposed new tower, or would create a need for a greater number of towers to provide service, which when considered together, would have a cumulative adverse effect on surrounding areas which exceeds that of the proposed tower.
The application shall include a report with an inventory of all existing eligible tall structures and existing or approved communications towers eligible for collocation within a two-mile radius of the proposed site. The site inventory shall include a map showing the exact location of each site inventoried, including latitude and longitude (degrees, minutes, seconds), elevation above sea level, height of the structure and/or tower and accessory buildings on the site. The report shall outline opportunities for shared use of these facilities as an alternative to the proposed new communications tower. The report shall demonstrate good faith efforts to secure shared use from the owner of each potential existing eligible tall structure and existing or approved communications tower. The report shall document the physical, technical and/or financial reasons why shared usage is not practical in each case. Copies of any written requests for collocation, and the responses thereto, shall be submitted to the Board.
The application shall include an agreement to accept reasonable collocation on the proposed tower in the future. An applicant proposing to place a new commercial telecommunication tower, or modify an existing tower to accept a new antenna installation, shall commit, on behalf of itself and its successors to negotiate in good faith for reasonable shared use of the tower by other providers, should same be proposed in the future, and to rent or lease available space under the terms of a fair market lease, without discrimination to other providers. A letter documenting the applicant's intent to negotiate in good faith for such use shall be part of the application for any special permit or site plan approval, and shall be filed with the building inspector as part of any building permit application. Where the applicant is other than the owner of the site, the applicant shall provide assurance to the Board that the owner will also consent to the collocation in the future.
Towers and antenna installations shall be sited to minimize the total number of towers and antennas to the extent possible within the limits of technology and economic feasibility.
A long-form EAF, including an analysis of visual impacts. The applicant shall submit a viewshed analysis to determine the visual impacts of the proposed town's siting. The analysis shall include a completed SEQR Visual EAF Addendum, assessment of the tower's siting from significant vantage points and/or historic and scenic resources by balloon testing or similar methodology, as well as visual simulations of the proposed tower's siting by means of photomontage or architectural renderings.
Significant vantage points potentially impacted by the proposed facility shall be determined by the Zoning Board, such as views from state and local road adjacent to the proposed site, recreation areas, housing developments and local, state or national historic and scenic resources. A viewshed assessment must be performed for all scenic areas identified in § 194-79B(7) within 1/2 mile of the proposed tower site. The viewshed assessment should be performed, when possible in the winter months to ensure a thorough examination of potential impacts. Even if this is not possible, the viewshed analysis should include an evaluation of anticipated visual impacts during the winter months when leaves are not on the trees. Findings presented shall include color photography illustrating the prescribed assessments and a key map which identifies the project site, photographic locations and target points.
The methodology, date and time of all testing related to prescribed viewshed assessments shall be approved by the Zoning Board prior to implementation. The Zoning Board shall direct the applicant to provide public notification in the town's official newspaper of the assessment, including date, time and testing location, at least seven and no more than 14 days in advance of the test date, together with such other notification as the Board may deem appropriate.
A report by a qualified engineer, regarding non-ionizing electromagnetic radiation for the proposed site. Such report shall provide sufficient information to detail the amount of radio frequency radiation expected from the proposed site. The report will comply with FCC reporting criteria for a cumulative report, reporting levels of anticipated exposure from all users on the site. The report shall indicate whether or not the proposed tower will comply with FCC emission standards.
The applicant must show that the property on which the proposed tower is located is in compliance with any previously approved site plan. If the site does not comply, it must be brought into compliance prior to any approval of the cell tower application.
The Zoning Board may also, during its review of an application, request such other and further information as it finds necessary to make a thorough evaluation of the applicant s proposal.
§ 194-81 Notice and public hearing.
A public hearing shall be held pursuant to the provisions of the Town Law and the East Fishkill Code relating to special permits.
In addition to any other notice requirements imposed by these sections, the Board may direct the applicant to send notice of such public hearing to:
All owners of any land within 250 feet of any property line of the lot on which the tower is to be located, or such further distance as it deems appropriate in light of the anticipated visibility of the tower; and
The administrator of any local, state or federal parklands within 1/2 mile of the proposed tower.
§ 194-82 Standards for issuing a special permit.
No special permit for a communications tower or a communications antenna installation shall be granted absent a finding by the Zoning Board that the applicant has met the standards for special permits set forth in Article IX of the Zoning Chapter, and has also met the following criteria:
That, where a new tower is proposed, the applicant has shown an actual need for construction of the new tower.
That, where a new tower is being proposed, the applicant has demonstrated that shared use of existing tall structures and existing or approved communications towers is undesirable or unattainable, due to:
The absence of existing towers or eligible structures for collocation.
The technical infeasibility of collocation in light of the applicant's system requirements, frequency incompatibilities or engineering limitations.
The existence of physical constraints that render the collocation infeasible.
The inability to secure permission to collocate, in spite of good faith efforts.
The applicant's proposed collocation on the site would have an adverse impact on the surrounding area which exceeds that of the proposed new tower, or would create a need for a greater number of towers to provide service, which when considered together, would have a cumulative adverse effect on surrounding areas which exceeds that of the proposed tower.
That the tower owner, and its agents, if applicable, have agreed to rent or lease available space on the tower, under the terms of a fair-market lease, without discrimination to other providers.
That the proposed antenna installation or tower will not have a significant adverse impact on scenic resources identified in § 194-79B(7) or on historic resources. If a significant adverse visual impact is identified, the applicant shall demonstrate that suitable landscaping, buffering or other techniques will be used, and that they are able to minimize such impacts to a level of insignificance.
That the proposal shall comply with applicable FCC regulations regarding emissions of electromagnetic radiation and that the required monitoring program is in place, and paid for by the applicant.
§ 194-83 Conditions on special permits.
Special permits may be issued subject to conditions, as authorized by law, including the following:
The Board may require the use of "camouflage" communications towers where necessary to minimize visual impacts and to 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.
The Board shall require testing and inspection.
RF emission standards.
Pretransmissions testing: Any building permit, site plan or special permit shall be deemed to be issued subject to the condition that, prior to the issuance of a certificate of occupancy and the commencement of transmission, the applicant shall provide adequate proof to the Town Zoning Administrator, subject to review by the town's engineering or other consultants, that the EMF radiation around the proposed tower or antenna installation site complies with FCC requirements. All tests shall be performed by engineers or consultants qualified in the field of telecommunications and radio frequency and shall be conducted in accordance with the requirements of 47 CFR and shall be certified to the Town of East Fishkill.
Postcommencement testing: After transmission begins, testing and certification of EMF radiation shall be required in accordance with the requirements set forth in the preceding subsection at the time of any change or alteration of the operating characteristics of the tower. These results shall be reported to the Zoning Enforcement Officer within 30 days of the change or alteration. If there is no change or alteration in the operating characteristics of the tower, the owner shall provide the results of such testing every three years, together with the testing required in § 194-83B(2)(a) below, and shall also file, at least yearly on January 2 of each year, a written certification that the operating characteristics of the tower or installation have not changed, or been altered.
Any noncompliance with applicable FCC RF emission standards shall be promptly cured.
Structural and safety testing.
Tower owners shall cause their towers to be inspected for structural integrity and safety by an independent licensed professional structural engineer at least every three years. The first inspection shall be within three years of the date approvals were granted. Safety inspection shall include, at a minimum, 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. The tower shall also be inspected for fire, electrical, natural and other man-made hazards that could pose a potential hazard to the tower or surrounding area. A report of the inspection results shall be certified and submitted to the Zoning Enforcement Officer. Any modification of an existing tower which includes changes to tower dimensions or numbers or types of antenna shall require a new structural and safety inspection. Any defects revealed in such an inspection shall be promptly cured.
The Board shall require assurances regarding the removal and repair of towers.
The applicant shall submit to the Board an agreement committing the property owner, its agents and successors, to keep the tower and accessory structures in good order and repair, and in compliance with any approval, and to promptly notify the Zoning Enforcement Officer within 60 days of the discontinuance of use of the tower. If there are two or more operators or users of a tower, then the notice need only be served when all have ceased using the tower.
The owner shall promptly remove an unused commercial communications tower within 12 months of cessation of operation. The failure to remove such towers in accordance with this law shall be punishable pursuant to Article XXII, Violations, of the Zoning Chapter. Additionally, the town may bring proceedings to require the removal of such unused towers at the owners expense.
When the Zoning Enforcement officer has reason to believe that a tower has been unused for more than six months, but has not received notice of discontinuance from the owner, the Zoning Enforcement officer may serve a notice upon the owner at its last known address, stating the date on which the ZEO believes that the use of the tower was discontinued, requesting the owner to take responsibility for removal of the tower, and stating that the failure of the owner to take responsibility for the tower will result in a determination of abandonment of the approvals previously issued for the tower. If the owner fails to appear to assure the ZEO that he will take responsibility for timely removal of the tower, or to establish that the tower is actually in use, within 60 days of the mailing of the notice to owner's last known address, then the ZEO may make a finding that the tower has been abandoned, and all approvals previously granted by the town for such tower shall be considered abandoned and forfeited. A copy of this determination shall be mailed to the owner and filed in the building inspectors office.
§ 194-84 Design and construction requirements.
All newly constructed towers, all modifications of existing towers, and all newly installed antenna installations shall comply with the following design and construction requirements:
Towers and antennas. New or modified commercial telecommunication towers and antenna installations shall meet the following design and construction requirements:
Allow collocation in the future. An applicant proposing to place a new tower shall cause it to be designed in a manner which will accept collocation of other commercial telecommunications antenna installations in the future, in accordance with this chapter. Commercial telecommunication towers shall be designed structurally, electrically and in all respects to accommodate shared use for at least one other user if the tower is over 60 feet in height, and at least two additional users if the tower is over 100 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower, and to accept antennas mounted at varying heights. The applicant shall document the tower's capacity including the number and type of antennas it can accommodate and potential mounting locations. Where an existing tower is being modified to accept one additional antenna, the reviewing board may require that the owner shall take reasonable steps to modify the tower so that it may accommodate another potential future user, if the tower, as modified to accommodate the additional user, will be over 100 feet tall.
Color. Towers shall be painted with a flat paint in a gray or blue shade, except in instances where a different color is mandated by federal or state authorities. Any antenna component of a commercial communication antenna installation shall, when feasible, be painted in a shade which blends with the color of the host tower, building or structure to which it is attached.
Facilitating future collocation. Where practicable, towers should be designed and constructed in a manner which will accommodate future collocation.
Structural design. Towers shall be designed structurally to collapse within themselves wherever possible, in order to minimize damage to nearby structures and properties.
Compliance with state and federal law. Towers shall comply with all applicable provisions of the Uniform Building and Fire Prevention Code, and all applicable FAA and FCC requirements.
Noise. Towers and commercial telecommunications antenna installations, and their accessory structures and improvements shall be designed to minimize noise generation by power generators, heating, ventilating and air conditioning, and any other noise source, particularly if there is a residential receptor of such noise nearby.
Accessory buildings and structures. All buildings and structures accessory to the operation and use of a commercial telecommunications tower shall meet the following requirements:
They shall be designed to blend with the surrounding natural environment and minimize visibility of the building or structure. The buildings shall not be more than 12 feet high. Architectural Review Board approval shall not be required.
They shall comply with all applicable provisions of the Uniform Building and Fire Prevention Code.
They shall be used only for housing equipment related to the particular site. Wherever possible, the buildings shall be joined or clustered so as to appear as one building.
Site layout requirements:
Access.
Adequate emergency and service access shall be provided in a manner which minimizes ground disturbance, vegetation cutting and site erosion. Road grades shall follow natural contours to minimize visual disturbance and reduce soil erosion potential.
All network interconnections to and from the telecommunications site and all power to the site shall be installed underground, unless the applicant satisfactorily establishes that this is not possible because of the nature of the subsurface conditions, or is not desirable for environmental reasons, or would have adverse visual impacts. At the initial construction of the access road to the site, sufficient conduct shall be laid to accommodate the maximum possible number of communications providers that might use the facility.
Parking. A minimum of two parking spaces shall be provided for each commercial telecommunications tower which houses a commercial telecommunications antenna installation.
Fencing. Towers and any accessory structures thereto shall be adequately enclosed by a fence and gated for security purposes. All proposed guy wires shall be located within any required fencing. The Zoning Board shall approve the height and design of the fence. If the applicant demonstrates that it has otherwise provided sufficient security for the site, the Zoning Board may accept alternate security provisions.
Signs and advertising. The use of any portion of a commercial telecommunications tower for other than warning or equipment information signs is prohibited. Commercial telecommunications towers or antennas shall not be used for advertising by the provider. A sign no greater than two square feet may be placed indicating the name of the facility, its owners, and a twenty-four-hour emergency phone number. "No Trespassing" or other similar warning signs may also be placed on the fenced border of the property.
Lighting.
Commercial telecommunications towers shall not be illuminated by any artificial means, including strobe lighting, unless lighting is required by the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC) or other federal or state authority. If a tower is within two miles of an airport, the applicant shall provide written documentation by the FCC as to whether or not it will require lighting of the tower.
Lighting of the grounds of the facility shall be in keeping with the needs of safety and the surrounding neighborhood. No light shall spill from the site onto surrounding properties.
Screening. To the extent possible, the applicant shall preserve existing vegetation in a band at least 50 feet deep along the borders of the property which screen views of a commercial communications tower and accessory structures from nearby properties. The reviewing board may require the applicant to provide supplementary landscaping to screen views of the base of the tower and accessory buildings or structures in situations where the tower site:
Abuts property in a residential zone, a public street or property owned by the town, county, state or federal government or school district.
Abuts or is otherwise visible from the following identified viewing points, if such screening will actually mitigate visual impacts upon such resources. While it will likely be impossible and impractical to provide complete screening of long-range views of any tower, this section is intended to provide screening of relatively short-range views, i.e., 50 to 750 feet, by the provision of six-foot tall evergreen, or other plantings, as approved by the Board, sufficient to provide year-round screening.
Views to or from the Appalachian National Scenic Trail. | |
Views from Shenandoah, Route 52, the Taconic Parkway and I-84 to Hosner Mountain. | |
Views from Route 52 and I-84 to Stormville Mountain. | |
Views from Route 52 and I-84 to the mountains of Wiccopee. | |
Areas hereafter identified as significant scenic viewsheds in the Master Plan. |
In such cases, landscape screening shall be provided to screen views from such property, around the perimeter fencing of the tower, and around all accessory structures. At a minimum, screening shall include evergreen plantings at a height of six feet, as determined by the Zoning Board, to ensure that views of accessory structures are suitably screened from neighboring uses, and that views of the base of the tower are screened to the extent reasonably practical.
Locational placement requirements. Commercial communications towers and antenna installations shall meet the following minimum requirements in any zone where they are permitted. These criteria are in addition to the bulk requirements applicable in the zone. Where the bulk regulations and these regulations impose different requirements, the more restrictive will control.
Permissible number of towers on a lot. Whether a commercial telecommunications tower is a principal or accessory use on a lot, there shall be no more than one such tower on any lot, together with any permitted ancillary buildings, structures and parking facilities. The Town of East Fishkill does not permit what are known as "tower farms."
Required segregation from nearest habitable structure. No tower shall be placed closer than 500 feet, on a horizontal plane, to the nearest house or other residential habitable structure, or proposed house or other residential habitable structure as shown on a lot duly approved by the Planning Board and filed in the Dutchess County Clerk's office.
Required separation between towers in residential zones. In a residential zone, a tower shall not be placed closer than 1,500 feet from any existing commercial communications tower, whether such existing tower is in a residential zone or any other zone.
Minimum lot size.
Freestanding new commercial telecommunications tower as primary use: one acre or the underlying minimum lot size in the zone, whichever is greater.
Freestanding new commercial telecommunications tower as accessory use to existing structures: one acre or the underlying minimum lot size in the zone, whichever is greater.
Collocated commercial telecommunications antenna installation placed on existing building, structure or tower: one acre or the underlying minimum lot size in the zone, whichever is greater.
Minimum yards/setback:
Freestanding new commercial telecommunications tower, or collocation on existing tower. The minimum front setback to a tower in all zones shall be 150 feet or 125% of the height of the tower, whichever is greater. The minimum side and setback in all zones shall be 50 feet, or 125% of the height of the tower, whichever is greater. The minimum rear setback shall be 80 feet in the PRDP zone and 50 feet in all other zones, or 125% of the height of the tower, whichever is greater. All setbacks shall be measured from the tower proper and not from any proposed guy wires.
Collocated commercial telecommunications antenna installation on existing building or structure other than tower: The building or other structure must comply with the applicable setback for the zoning district in which it was located. Antennas shall not be placed on buildings or structures that do not comply with applicable setbacks.
Accessory structures: No buildings or other structures accessory to the operation of a commercial telecommunications tower or commercial telecommunication antenna installation may be constructed in any required front yard and must provide at least a fifty-foot side and rear setback from the property line. No guy wires shall be located within this fifty-foot side and rear setback. On any lot line abutting a residential district, the required setback shall be 100 feet.
Maximum height. Freestanding commercial telecommunications tower and collocated antenna installation:
The maximum height of a freestanding tower in I-1, PRDP and PCP zones shall be 195 feet above ground elevation.
The maximum height of a freestanding tower in I-2, I-3, I-1-S, B-1, B-2 and PBN zones shall be 150 feet.
The maximum height of a freestanding tower in residential zones is 110 feet above ground elevation.
In all cases, the permissible height is measured from ground elevation to the top of any antenna projecting above the top of the tower.
§ 194-85 Gasoline filling stations.
[Amended 3-27-1997 by L.L. No. 2-1997; 6-14-2001 by L.L. No. 3-2001; 7-26-2012 by L.L. No. 4-2012; 6-22-2017 by L.L. No. 2-2017]
In any district where permitted, the Zoning Board of Appeals may grant a special permit for a gasoline filling station, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
The area for use by motor vehicles, except access drives thereto, as well as any structures, shall not encroach on any required yard area.
No fuel pump shall be located within 20 feet of any side lot line nor within 15 feet of any street right-of-way line.
No gasoline filling station or access drive leading to a gasoline filling station may be constructed or erected within 200 feet of a school, public library, theater, church or place of worship or other public gathering place, park, playground or firehouse station, whether the same is on the same side of the street or the opposite side.
No gasoline filling station or access drive leading to a gasoline filling station may be hereafter constructed or erected within 1,000 feet of an existing gasoline filling station, as measured in any direction.
Subject to the remediation conditions of this subsection, for purposes of redevelopment of a lot for use by abandoned or distressed gasoline filling stations or other permitted uses, a lot formerly used by gasoline filling stations which has preexisting unremediated contamination or noncompliant fuel storage tanks which inhibits redevelopment of the lot absent remediation, may be reused for gasoline filling stations or other permitted uses with a site layout which does not exceed the bulk (see definition, § 194-3) conditions as existed for the prior use and building on the lot prior to discontinuance of the gasoline filling station instead of having to meet the Schedule of Bulk Regulations stated in this chapter,[1] but such prior nonconforming bulk conditions, to the extent they are nonconforming with any bulk regulations of this chapter, shall not increase except as permitted by Article XV (Nonconforming Uses and Buildings). No special use permit otherwise required by § 194-123A shall be necessary to maintain and preserve the existing nonconforming conditions, but redevelopment of the lot under this subsection shall be subject to site plan review. No certificate of occupancy shall be issued for reuse of the premises as a gas station until the owner has provided, in a form satisfactory to the Town Attorney, that it has completed all mandated site remediation by the governmental agency having jurisdiction and supervision of the same, as well as off-site remediation, including but not limited to regulatory compliant fuel storage tanks; however, the Planning Board is authorized to grant site plan approval with a condition that no certificate of occupancy shall issue absent proof of remediation. A nonconforming gasoline station under this subsection shall include those lots which were used for the sale of gasoline products prior to the creation of separation standards for gasoline stations under this chapter.
[1]
Editor's Note: The Schedule of Bulk Regulations is included as an attachment to this chapter.
§ 194-86 Automobile service facility.
[Added 3-27-1997 by L.L. No. 2-1997]
Special permit. As provided in § 194-68, the Zoning Board of Appeals may grant a special permit to establish an automobile service facility in the B-1 Zone, provided that the Board finds that the application meets all the general conditions of Article IX, and further meets all the applicable conditions set forth herein:
The property shall have at least 100 feet of frontage on New York State Route 82, north of its intersection with Beekman Road, and derive access therefrom.
[Amended 7-24-1997 by L.L. No. 5-1997]
All automobile service work shall take place within a fully-enclosed building.
Sheet metal construction shall not be allowed. Buildings on site shall be constructed of concrete, brick, wood or other similar materials as approved by the Board reviewing the architectural features of the building.
Where next to, or in front of, property in a residential zone, buildings shall be placed such that work bays and parking are oriented away from residential zones.
The following minimum standards shall be met:
Minimum lot size | 0.75 acres | |
Minimum frontage | 150 feet | |
Minimum lot width | 100 feet | |
Minimum front setback | 50 feet | |
Minimum side and rear setback | 25 feet | |
Minimum side and rear setback from property in a residential zone | 50 feet | |
Floor area ratio | 0.20 |
Setback and landscape buffer. Landscaping, screening, buffer areas shall be provided as set forth in § 194-109 of the East Fishkill Town Code.
Setback and landscape buffer for parking areas. All parking facilities shall meet the minimum parking setback and landscaping requirements of § 194-116 of the East Fishkill Code.
All lot lines abutting residential zones shall be screened by a solid fence or masonry wall. Such screen shall not be less than four feet nor more than six feet in height and shall be maintained in good condition.
Parking requirement. Ten parking spaces, or one space per 150 square feet of gross floor area in excess of 1,500 square feet plus one space per employee of maximum shift, whichever is greater. All parking areas shall be suitably paved.
The property owner shall demonstrate that a suitable program will be in place to periodically remove all waste materials, parts, refuse and recyclables. No outside storage of partially disassembled vehicles, unregistered and/or unlicensed vehicles, parts, supplies, materials etc., shall be permitted. All on-site storage areas, including trash areas, shall be placed on a concrete pad and enclosed in a suitable building or behind a solid-fenced area, as approved by the Zoning Board of Appeals, and suitable landscaped. Storage areas shall in no event exceed a size equal to 20% of the gross floor area of the primary building.
The property owner shall demonstrate a suitable program for prohibiting long-term storage of vehicles. Except for cars being dropped of the night before for repair, there shall be no storage of vehicles awaiting repair, and no storage of vehicles in excess of 72 hours awaiting parts or payment.
The automobile services provided shall be limited to those allowed in the definition of "automobile service facility."
Service operations and storage of materials must meet all applicable rules and regulations of the New York State Department of Environmental Conservation.
The Zoning Board shall be specifically empowered to impose additional requirements to promote compatibility with residential uses nearby and to minimize noise and traffic circulation concerns.
Compliance with each and all of the above requirements is essential to be considered eligible for a special permit, and no area variances of any of the requirements shall be allowed.[1]
§ 194-87 Caretaker's apartments.
[Amended 2-13-2025 by L.L. No. 1-2025]
A caretaker apartment may constitute a part of the land use in B-1, B-1A, B-2, and B-3 and HC Districts, subject to § 194-44 and the following additional requirements:
Such caretaker apartment shall not exceed 50% of the total usable floor area or 1,800 square feet, whichever is the lesser of the improvement contained within the land parcel of the owner-special use applicant.
Only one such special use permit for an apartment shall be permitted where the same owner-applicant owns contiguous parcels in the B-1, Bl-A, B-2, and B-3 and HC Districts, whether such ownership resulted from single or multiple conveyances.
In order to minimize residential use in a B-1, Bl-A, B-2, and B-3 and HC Districts, it shall be a condition that such an apartment constructed or maintained pursuant to a special use permit be owner-occupied or be occupied by an agent of the owner, and if by an agent, his function, in whole or part, shall be that of a custodial or caretaker nature.
§ 194-88 Car washes. [1]
In any district where permitted, the Zoning Board of Appeals may grant a special permit for a car wash, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
Minimum lot size for car wash facilities shall be 3/4 acre and such lot shall have street frontage of at least 100 feet.
All vehicular access shall be to a major street or a local street, provided all property on said local street is zoned similar to subject parcel.
All washing and machine-drying operations shall be conducted within a completely enclosed building.
The building exit for automobiles that have completed the washing and machine-drying process shall be set back a minimum of 50 feet from the nearest point of any street line.
No washing, vacuuming, steam-cleaning, waxing, polishing or machine-drying operation, or no building within which such operations are conducted, shall be permitted within 100 feet of a residential building located in a residential district.
All lot lines abutting residentially zoned property shall be screened by a solid masonry wall or fence of a design acceptable to the Planning Board. Such screen shall not be less than four feet nor more than six feet in height and shall be maintained in good condition.
All entrance and exit lanes and parking areas shall be surfaced with an asphaltic or portland cement binder pavement so as to provide a durable and dustless surface and shall be so graded and drained as to dispose of all drainage water therein.
Any lighting used shall be so arranged as to reflect the light away from adjoining premises in a residential district and upon adjacent traveled ways.
All operations shall be conducted completely within the lot lines of the property.
Parking.
One parking space shall be provided for each three employees, plus one space for the manager. In addition, off-street storage space for waiting vehicles shall be provided in the following amounts:
For purposes of this section, an off-street storage space shall mean an area measuring 20 feet in length by 10 feet in width, and located in such manner as to provide an unimpeded egress from the space toward the car wash facility.[2]
§ 194-89 Medical or dental clinics.
[Added 3-27-1975 by L.L. No. 2-1975]
A medical or dental clinic may be established as indicated in the Schedule of Permitted Uses upon a finding by the Zoning Board of Appeals that such use is in conformity with the standards applicable to special uses as listed in § 194-49. In addition, the following specific conditions shall apply:
General site and lot requirements:
Minimum lot area: one acre.
Minimum lot frontage: 150 feet.
Minimum yard dimensions: as per bulk regulations for residential districts.
Parking spaces: four spaces for each office of given tenancy plus one space for each 400 square feet of total floor area.
Maximum building coverage: 15%.
Accessory services, including laboratories for the use of patients visiting medical practitioners in the clinic, may be permitted as part of the clinic facility, subject to the following specific conditions:
All entrances to parts of the building in which these accessory services are provided shall be from within the building and direct access from the street is prohibited.
The hours during which these services are provided shall be the same as those during which medical practitioners are receiving patients.
Signs or other evidence advertising or indicating the provision of these services visible from outside the building are prohibited.
All parking areas and driveways shall have a suitable hard surface, and individual parking stalls shall be delineated. A ten-foot-wide landscape buffer area shall be maintained between any parking area and a side or rear line. This buffer area must be adequately landscaped to serve as a screening for adjacent uses. No parking area shall be allowed within 50 feet of the front line of the lot.
[Amended 10-25-2012 by L.L. No. 8-2012]
ACCESSORY USES - ZONING BOARD OF APPEALS AUTHORITY | ||
§ 194-90 Accessory professional offices.
[Added 3-28-1985 by L.L. No. 5-1985; amended 6-14-2001 by L.L. No. 3-2001]
In any district where permitted, the Zoning Board of Appeals may grant a special permit for professional offices of a physician, attorney at law, dentist, engineer, architect, teacher, artist, musician and other members of a recognized profession or trade are permitted in residential districts when conducted by the resident only, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
Number of employees. Not more than two nonresident employees or one nonresident employee and one associate shall be permitted in any dwelling at any one time.
External evidence. There shall be no external evidence of such use except an announcement or professional sign not over two square feet in area. All new construction and exterior alterations will result in an appropriate visual composition which will be in harmony with the character of the residential district, taking into consideration the outside dimensions of the front facade, and the appearance thereof, the visual relationships between the property in question and existing residential structures, the character of the residential district, architectural style, heights and sizes of buildings, location and arrangement of buildings, setbacks, materials, line, color and detail.
Retail sales. This section shall not authorize any form of retail sales as part of a professional office.
ACCESSORY USES - BUILDING INSPECTOR'S AUTHORITY |
§ 194-91 Accessory residential units in residential districts.
[Added 3-28-1985 by L.L. No. 5-1985; amended 6-14-2001 by L.L. No. 3-2001; 9-22-2022 by L.L. No. 7-2022; 7-27-2023 by L.L. No. 3-2023; 2-13-2025 by L.L. No. 1-2025]
Purpose.
The purpose of this section is to allow accessory apartments on single-family properties in zoning districts where single-family dwellings are permitted, except where enforceable deed covenants prohibit the same, in order to provide the opportunity and encouragement for the development of small housing units designed, in particular, to meet the special housing needs of the community. Further, it is the purpose of this section to allow the more efficient use of the Town's stock of dwellings and accessory buildings; to provide economic support for resident families of limited income; to protect and preserve property values; and to preserve the character and appearance of single-family neighborhoods.
To achieve these goals, the following standards and conditions apply.
Standards and conditions.
No more than one accessory apartment per lot may be permitted nor shall the total number of dwelling units on any lot exceed two.
No accessory apartment may be permitted in a two-family or multifamily dwelling.
The owner of the lot upon which the accessory apartment is located shall occupy one of the dwelling units on the premises as his or her principal residence.
Dimensional requirements. The following regulations shall apply:
Exterior appearance. If an accessory apartment is located in the principal dwelling, the entry to such unit and its design shall be such that, to the degree reasonably feasible, the appearance of the building will remain as a single-family residence. In cases where alterations are to be made to accommodate the accessory apartment, elevation drawings may be required to be submitted with the application for a special permit.
Off-street parking. Off-street parking shall be provided in conformance with the requirements of the off-street parking schedule in Chapter 194 of the Town Code.
There shall be no renting of rooms in either the accessory apartment or in the principal dwelling.
Sale or subdivision. Neither an accessory apartment nor the premises upon which such accessory apartment is located shall be sold, converted into cooperative or condominium ownership, or subdivided unless such action is accomplished in full compliance with the codes and ordinances of the Town of East Fishkill, Dutchess County, and the laws of the State of New York.
The accessory apartment shall meet the standards of the New York State Uniform Fire Prevention and Building Code for habitable space.
The applicant shall comply with all applicable requirements of the Dutchess County Health Department.
No expansion of the footprint of any structure by more than 100 square feet will be permitted to allow an accessory apartment.
Procedure.
Review by the Building Department:
No permit from the Building Department for an attached accessory apartment within a single-family dwelling shall be issued unless five years have elapsed from the date of issuance of a certificate of occupancy or certificate of compliance for the dwelling.
No permit from the Building Department for a detached accessory apartment within an accessory structure shall be issued unless five years have elapsed from the date of issuance of a certificate of occupancy or certificate of compliance for the accessory structure.
The issued permit does not automatically transfer to new owners. Subsequent owners shall apply to the Building Inspector for a permit renewal. The Building Inspector shall issue the permit if the accessory apartment is in compliance with this chapter and the NYS Uniform Fire Prevention and Building Code.
§ 194-91.1 Workforce housing.
[Added 8-23-2012 by L.L. No. 6-2012; amended 1-22-2015 by L.L. No. 1-2015]
Legislative intent.
In accordance with the requirements of the Fair Housing Act, and certain New York State Court rulings, all municipal zoning ordinances are to provide for full and fair housing opportunities.
As part of the process to determine if local zoning laws fulfill this mandate, the courts consult regional housing needs assessments conducted by the various counties. The Dutchess County Planning Department's "Three-County Regional Housing Needs Assessment: Dutchess, Orange and Ulster Counties From 2006 to 2020" developed built targets for each of the County's municipalities to represent the total number of affordable units needed to be constructed to address both the current and prospective affordability gaps. East Fishkill's share of affordable rental units needed to be built by 2015 to close its estimated housing affordability gap is 185 units. In addition, the Town Board has determined that there is a need for housing located and designed to meet the needs of everyday working families and citizens of the Town of East Fishkill that will contribute to the dignity and independence of people at a greater range of income levels and will aid in the retention of the Town's citizen workforce population. In particular, citizen workforce members who are essential to the social fabric of the community, such as teachers, police officers, firefighters, nurses, nurses aides, and others who wish to remain in East Fishkill but find it more difficult because of reduced income levels, should be afforded housing opportunities that can meet their needs. Toward that end, the Town Board hereby establishes regulations for the location of workforce housing developments within the Town of East Fishkill with the purpose of such regulations being to ensure that workforce housing developments can be properly located, maintained and constructed to accomplish their purpose without detriment to the general health, safety and welfare of the residents of the Town of East Fishkill.
General.
A workforce housing development requires a special permit and site plan approval to be issued the Planning Board in accordance with the procedure set forth and upon compliance with the standards and regulations herein.
The present number of units to be approved under this section is 110 units. Once 110 units have been created, no others will be approved hereunder unless further authorized by the Town Board. From time to time, the Town Board will review the updated regional assessments and the level of other development in the Town as well as vacancy rates in other multiple-family units and accessory apartments.
Intent and objectives. It is the intent of this section to be consistent with the Three-County Regional Housing Needs Assessment: Dutchess, Orange and Ulster Counties From 2006 to 2020, and encourage the development of moderately priced, affordable dwelling units for everyday working families and citizens of the Town of East Fishkill. The specific objectives of this section are to:
Encourage affordable housing opportunities for working families and citizens in order to give such residents the opportunity to remain in the community close to their work, family and friends.
Make quality affordable housing available with the scope and design of the development intended to establish a worthwhile asset for this segment of the community and the community as a whole.
Provide appropriate sites for the development of such housing in convenient locations.
Provide, within the boundary of the development, appropriate social, recreational and other facilities, which will contribute to the independence and meaningful activity of residents.
Regulate the nature and density of workforce housing developments, their site layout and design and their relationship to adjoining uses so as to provide ample outdoor living and open space for residents, to preserve trees, and to minimize detrimental effects on the site and surrounding neighborhood and environment.
Provide pedestrian connection to the hamlet center nearest the workforce housing.
Create greater diversity in the available housing stock.
Site eligibility criteria. A workforce housing development shall meet the following site eligibility criteria:
The site may be located within any zoning district except the "I" Zones.
The site shall be within one mile from the intersection of Route 82 and Route 376 in the Hopewell Hamlet, and the site must have at least one lot line that crosses this radius.
The site shall be a minimum of 10 net acres as determined in accordance with § 194-91.1G(1) herein.
Access to the site must be from a state or county highway.
Municipal water and sewers must be provided or capable of being provided the site as well as electric, cable and telephone.
The site shall be within reasonable proximity to public transportation service, or, in the alternative, provisions shall be included in the design of the site for future routing of buses, and provisions for a shuttle bus or other transportation service at the site (i.e., shelters and pickup areas) would be included within the plans. Such plans for any and all bus shelters and pickup areas shall specifically provide for both maintenance and ownership of said shelters or pickup areas as directed by the Planning Board.
The site must be of sufficient acreage as of the effective date of this section to be eligible for consideration.
Permitted principal and accessory uses.
Principal uses. The workforce housing development special use permit will allow as a principal permitted use:
Multifamily dwelling development, provided that such dwellings are arranged as individual dwelling units for the occupancy of workforce households, as defined below. The site plan may be a mix of various occupancy units [multiple-unit (three-dwelling units or greater), duplex and/or single units], provided that the units are arranged to function as an overall site plan development and remain a single development, although the applicant may pursue a zero lot-line subdivision provided that appropriate controls are created to ensure long-term maintenance and control of common areas.
Exception. Notwithstanding the other provisions of this section, one unit may be occupied by a development superintendent or manager and his/her family (not to exceed a total of five persons). The unit may be detached and located in a different area of the site than the workforce housing development units. If a development has 100 units or more, an on-site development superintendent or manager will be required. The superintendent or manager's unit will be included in the calculated number of units in the development. The development superintendent and family will not be subject to the occupancy restrictions listed elsewhere in this section.
Accessory uses. The following accessory uses are permitted:
Accessory uses, including buildings and facilities, which are reasonably necessary to meet the proper maintenance, administration, security, off-street parking, storage, fencing and utility system needs of the development.
The following accessory uses are permitted and encouraged (and in developments with 50 or more units, may be required by the Planning Board as a condition of site plan approval), provided that such facilities are approved by the Planning Board and managed as part of the building or complex of buildings and restricted in their use to residents of the building or building complex and further provided that there are no external advertising signs for such facilities:
A coin-operated vending machine room, provided that the maximum floor area devoted to such use is no more than 150 square feet.
Security office and/or on-site security patrols.
Game areas, sitting areas, walking trails or other outdoor recreation or leisure facilities.
Laundry facilities will be provided on site.
On site Superintendent's office and residence.
Occupancy and occupancy definitions for residential occupancy. Occupancy of dwelling units within a workforce housing development shall be for residential purposes only. Occupancy shall be limited to households as defined and described below:
Workforce household. For purposes of this section, a workforce household shall consist of one or more persons, whose combined total income is at or below 120% of the median income of residents of Dutchess County, New York.
Guests. The property shall be managed so as to ensure that the unit occupancy does not exceed the maximum number of occupants allowed by the New York State Building Code and the approved number of bedrooms for each unit. The leases and/or bylaws shall contain provisions to limit the duration of guest visits. These provisions shall be approved by the Planning Board as part of the approval process.
Preferences. As permitted by law, first preference for a unit will be given to existing residents of the Town of East Fishkill. The preference amongst residents will be: Volunteer Fire and Ambulance workers; Town and school district employees; general Town residents.
Lot and bulk requirements. The following lot and bulk requirements shall apply to workforce housing developments for a special use permit:
Minimum lot area. The minimum permitted lot area shall be 10 acres (net). To calculate net lot area, the area of any lands subject to easements, rights-of-way, encumbrances, slopes in excess of 20% and NYSDEC or federal wetlands shall be deducted from the parcels gross acreage. An exception to this restriction is as follows:
For workforce housing developments, up to 5% of the property may be encumbered by public or utility easements or rights-of-way without deduction from lot area or subtraction from unit density calculation.
Maximum residential density. The maximum permitted density shall be 10 dwelling units per net acre.
Maximum development coverage (impervious surface area). Maximum development coverage shall not exceed 65% of the gross lot area. Impervious surface area includes all buildings, structures, and parking area, walkways, and similar improvements.
Minimum front yard. The front yard setback shall be 50 feet measured from the property line.
Minimum side and rear yard. The minimum side and rear yard setbacks shall be 50 feet measured from the property line.
Lot width. The minimum lot width shall be 50 feet at the street line.
Maximum building height. The maximum building height shall be 35 feet and shall not exceed 2 1/2 stories.
Setbacks as referenced herein do not apply to internal lot lines, if the proposed development is to be a zero lot-line development, internal driveways, parking lots, or similar site improvements; however, these improvements are subject to the review of the Planning Board, which may require specific setbacks of improvements or addition of screening as may be warranted by the conditions of the development and surrounding uses.
Site regulations and miscellaneous requirements.
The development design shall be functional and shall provide for the safety, health and general welfare of occupants of this age group.
Access and internal roadways. All access and internal roadways shall be privately owned and maintained unless otherwise approved by the Town Board. All entrances and exits for ingress, egress, and interior circulation will be of a width and location suitable for the site and workforce housing, and as approved by the Town Engineer.
Parking and circulation. Parking spaces shall be provided at a ratio of 2.0 spaces per unit (minimum). The parking spaces will be conveniently located, evenly distributed, arranged, striped and identified by signage. The Planning Board may require additional parking for other accessory facilities. No commercial vehicles will be permitted. (Such restriction shall not apply to management company or condo association vehicles utilized for operation of the site nor for routine commercial deliveries.) For purposes of this section, garage and driveway parking spaces will count in the parking calculation.
Outdoor recreation. Usable outdoor recreation space shall be provided in a type and quantity as required by the Planning Board. Such space shall consist of both active and passive recreation and amenities, such as exercise and game areas, outdoor pool, patio areas, landscaped and shaded sitting areas, walking or jogging trails. The units will be assessed 1/2 of the Town's recreation fee for in-lieu-of-land less a credit to be set by the Planning Board and for onsite amenities.
Sidewalks. Each development will provide suitable sidewalks on and off the site, which may include handrails when appropriate and required by code. The Town Board may waive this requirement when, in its discretion, such sidewalks are not appropriate or required.
Landscaping. Each development will provide suitable landscaping in accordance with the standards set by the Planning Board and as may otherwise be required in the Zoning Law for site plans.
Basement units. Units provided in workforce housing developments shall not be of a type or configuration which could be considered basement units, wherein any living quarters are substantially below grade (greater than 33% of lowest level); however, this restriction is not intended to prohibit basements, garages or storage areas as a part of the units otherwise provided with living quarters which are above grade.
Identification signs will be permitted in a location or locations as approved by the Planning Board. Sign dimensions and other requirements shall comply with the applicable sections of Article XIII of the Zoning Law.
Building identification signs and number/letter identification shall be provided in accordance with the applicable sections of the Zoning Law and other applicable codes, and as recommended by the Office of the Fire Inspector, to promote efficient and timely identification for residents, visitors and emergency personnel.
Artificial lighting. All areas within the development shall be provided with suitable artificial lighting, sufficient for the convenience and safety of the residents. Lighting shall be designed so as not to extend onto adjoining properties or cause glare onto the same. In general, lighting levels at the property line shall be 0.5 footcandle or less, other than at development entrances, where increased levels will be considered or required.
The location of buildings, the arrangement of dwelling units within the buildings and suitable materials and methods of construction shall be utilized to reduce the transmission of sound.
Adequate facilities shall be provided for the removal of snow, trash and garbage and for general maintenance of the development. Trash and garbage facilities shall be enclosed in a permanently enclosed structure. The structure shall be aesthetically appealing and landscaped. Spacing and distribution of the facilities shall be convenient.
Miscellaneous.
Utility service to the site shall be buried.
Outdoor public address systems or other outdoor amplified noise shall be prohibited.
The architectural style of the proposed development, exterior materials, finish and color shall be consistent with existing community and neighborhood character, and approved by the Architectural Review Board.
Site amenities and community spaces shall be usable before completion of the project, with the maximum percentage of completion and occupancy required to be specified by the special permit, and all amenities shall be complete upon completion of 50% of the approved units.
General building and unit requirements.
Buildings shall require the following facilities and services:
Laundry. Laundry facilities (washers and dryers) adequate to serve the occupants of the development shall be provided and maintained. Facilities shall be provided either as common facilities or as individual facilities. If the common facilities are selected, all laundry facilities shall be provided and maintained by the applicant/developer.
Indoor community space. Indoor community space shall be provided. Such space shall consist of a common meeting room or other space allocation proposed by the applicant and approved by the Planning Board. The minimum space allotted for indoor community space shall be 15 square feet per one bedroom unit and 25 square feet for two and three bedroom units. The applicant, as part of the site plan application, shall provide a narrative description and general arrangement plan for such indoor community space. The total size of this space shall be sufficient to allow the maximum number of permitted residents to occupy the same.
If there are 75 dwelling units or more, the Planning Board may require any or all of the permitted accessory uses set forth above under § 194-91.1E(2)(b).
Dwelling unit requirements.
Unit size. The minimum permitted floor area shall be 450 square feet to 500 square feet for efficiency units; 600 square feet to 725 square feet for one-bedroom units; 750 square feet to 950 square feet for two-bedroom units; and 900 to 1,150 square feet for three-bedroom units. The maximum unit area may be increased by the bulk storage area, 60 square feet for multistory units and 50 square feet to accommodate handicap-visit ability in townhomes.
Unit occupancy density. The maximum number of residents who may reside in a dwelling unit shall be 1.5 persons per bedroom, or such lower number as permitted by the New York State Uniform Building Code.
Unit amenities.
Kitchen and bathroom. All dwelling units shall contain full bathroom and kitchen facilities, including but not limited to a sink, refrigerator, stove, range or combined unit in the kitchen and a sink, toilet, bathtub and shower in the bathroom. The sizing of the kitchen facilities shall be consistent with the type of unit and occupancy.
Storage. A minimum of 20 square feet of storage area shall be provided for each unit, within the same building as the dwelling unit. Such storage area shall be in addition to normal closet space.
Noise. Measures will be taken to reduce the transmission of noise by use of suitable materials (i.e., carpeting and acoustic baffling), methods of construction and arrangement of units within buildings.
All general building and dwelling unit requirements provided as part of the site plan approval and special permit shall be maintained throughout the life of the development, unless otherwise subsequently approved by the Planning Board.
Procedure for workforce housing development special use permit and site plan approval.
An initial application package for a workforce housing development shall include an application for a special use permit and an application for site plan approval. The initial application package shall be delivered to the Planning Board. The initial application package shall include, at minimum:
A survey of the parcel prepared and certified by a licensed land surveyor, which shall also depict existing zoning, wetlands, topography utilizing two-foot contours, and other such information;
A site plan showing the buildings, garages, improvements, existing utilities, driveways, walkways and other appropriate information to outline the proposal;
The site plan shall clearly define the number of proposed units and bedrooms per unit;
Other detailed plan, specifications data, and a narrative which defines the details and accessory uses proposed for the development, and other such information which the Planning Board may deem necessary; and
A completed full environmental assessment form which may be accompanied by supplementary studies and other information pertinent to an initial determination of environmental significance.
The Planning Board will review the initial application package to determine whether the application is sufficiently complete to commence preliminary review. Within 30 days of determining that the application is sufficiently complete to commence preliminary review, the Planning Board shall take the following steps:
The Planning Board may circulate a notice that it intends to serve as lead agency for a coordinated environmental review pursuant to the State Environmental Quality Review Act (SEQRA); and
If the application is subject to the referral requirements New York General Municipal Law § 239-l, 239-m, 239-n or 239-nn, then the Planning Board will coordinate a joint referral for both the special use permit and site plan approval.
In granting a special permit, the Planning Board may impose such terms and conditions as the Planning Board shall deem necessary to accomplish the reasonable application of the applicable standards as provided in this chapter, including but not limited to off-site improvements and requiring a performance bond to guarantee completion of such required improvements.
Approval and enforcement.
A certificate of occupancy will be required for each dwelling unit, and said certificate shall be understood to only permit occupancy in conformance with this chapter, the special permit approval of the Town Board and the site plan approval of the Planning Board, and any conditions thereof.
A certification of compliance will be filed annually with the Town for each dwelling unit. The owner, homeowners' association or an authorized agent will file (in the office of the Town Building Inspector) a certification of compliance with the Code Enforcement Officer stating that the development, each dwelling unit, and the occupancy of each unit is in compliance with this chapter and the permit and approvals granted by the Town. In lieu of a certification of compliance, the Town will accept a copy of any annual certification filed with New York State.
Each development will have at least two responsible parties, to wit, the owner, owner's agent or site manager, who will each provide the Code Enforcement Officer with his or her telephone number in the event of an emergency.
Any violation of the conditions of this section, site plan or special permit approval will constitute a zoning violation and will subject the development owner (landlord, in the case of rentals), homeowners' association or board of managers (in the case of condos or townhouse developments) to the remedies and fines set forth in Article XXII of the Zoning Law or elsewhere in the Town of East Fishkill Code.
Reference to this section and any conditions of approval shall be included in a deed as a covenant running with the land in perpetuity, and shall also be included in any lease or bylaws of any association, condominium or cooperative housing corporation, or any filing with the New York State Attorney General, if required, unless directed otherwise by the Planning Board.
Fees. The applicant shall pay all review fees and escrows required by the Town's laws.
§ 194-92 General.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as are herein provided by the following supplementary bulk regulations.
§ 194-92.1 Flag lots.
[Added 11-14-2002 by L.L. No. 9-2002; amended 10-28-2010 by L.L. No. 6-2010]
Flag lots may only be created if it is shown to the satisfaction of the Planning Board that the parcel has an environmental or topographical hardship which prevents a non-flag-configured division of the property. Further, it must be shown to the satisfaction of the Planning Board that the proposed flag lot will not, for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography, or for any other reason, be harmful to the health, safety or welfare of the property owner, adjacent landowners, or the community. No more than one flag lot may be created through the division of a single parcel. Flag lots shall provide at least 50 feet of frontage along street, and the width of the strip of land ("flagpole") connecting the buildable portion of the flag lot with the street shall be at least 50 feet along its entire length. The area of the access strip (the "flagpole") shall not be included in calculating minimum lot area. The area of the main buildable portion of the lot, excluding the access strip, shall conform to all other bulk regulations and be at least fifty-percent greater than the minimum lot area in the underlying zoning district, but in no event less than one acre. All flag lots shall meet these requirements and the applicable provisions of the Town of East Fishkill Subdivision Regulations,[1] including those dealing specifically with flag lots.
§ 194-93 Terraces.
[Amended 3-28-1985 by L.L. No. 7-1985]
A paved terrace need not meet the requirements for yard sizes, floor area ratios or lot coverage, provided that such terrace is unroofed and without walls, parapets or other forms of enclosure. Such terrace, however, shall not project into any yard to a point closer than 15 feet from any lot line.
§ 194-94 Porches and decks.
[Amended 3-28-1985 by L.L. No. 7-1985; 6-22-2017 by L.L. No. 2-2017]
No porch or deck may project into any required yard. Any two-story or any enclosed porch or deck, or one having a roof and capable of being enclosed, shall be considered a part of the building in determining the yard requirements, amount of lot coverage or floor area ratio.
§ 194-95 Private swimming pools and tennis courts.
[Added 3-28-1985 by L.L. No. 7-1985; amended 6-14-2001 by L.L. No. 3-2001; 2-13-2025 by L.L. No. 1-2025]
A private swimming pool or tennis court shall not be located, constructed or maintained on any lot or land area except in conformity with the following requirements:
Enclosure for swimming pools. The portion of the premises upon which such pool is located shall be entirely enclosed with a good quality fence or equivalent enclosure of not less than four feet in height. Every gate or other opening in the fence enclosing such pool shall be kept securely closed and locked at all times when said pool is not in use.
Coverage. Such pool and/or tennis court shall not cover more than 40% of the area of the rear yard or side yard in which it is located.
Setback requirements. All swimming pools, pool equipment, and/or tennis courts shall be set back at least 25 feet from side and rear lot lines. Pools, pool equipment, and/or tennis courts shall not be located in any front yard.
§ 194-96 Projecting architectural features.
The space in any required yard shall be open and unobstructed except for the ordinary projections of windowsills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than two feet into any required yard.
§ 194-97 Fire escapes.
[Added 3-28-1985 by L.L. No. 7-1985]
Open fire escapes may extend into any required yard, with the exclusion of the front yard.
§ 194-98 Walls and fences.
[Amended 10-26-2006 by L.L. No. 4-2006; 2-27-2014 by L.L. No. 2-2014; 6-22-2017 by L.L. No. 2-2017; 9-22-2022 by L.L. No. 7-2022; 2-13-2025 by L.L. No. 1-2025]
Retaining walls. The yard requirements of this chapter shall not be deemed to prohibit any necessary retaining wall. Retaining walls four feet in height or less do not require a permit. Retaining walls greater than four feet in height require engineered drawings approved by the Building Department/Engineer and a fence/wall permit from the Building Department. A retaining wall may be greater than six feet in height if the requirements of this section are complied with. However, no fence may be added to a retaining wall to make the fence and retaining wall greater than six feet in height when combined. See table below.
Fences and walls (not retaining). On any residential property, the finished side of the fence shall face the adjoining property, and all exposed stands and braces shall face the interior property. All fences or walls exceeding four feet must be decorative. Chain-link fences shall not exceed four feet in height in any yard of a residential district. Fences and walls four feet in height or less may be erected in any yard and do not require a permit. Fences and walls greater than four feet in height and less than or equal to six feet in height may be erected behind the front line of a house or within 10 feet of the front line of a house with a fence/wall permit from the Building Department. Fences and walls exceeding four feet in height and located more than 10 feet in front of the front line of a house and all fences and walls exceeding six feet in height require a variance from the Zoning Board of Appeals (ZBA) and a wall/fence permit from the Building Department except for properties in an industrial district which shall be permitted to have fences 12 feet in height. See table below:
Walls and Fences | Permit(s) Required |
|---|---|
Retaining walls | |
4 feet in height or less | No permit required |
Greater than 4 feet | (1) Engineered drawings approved by the Building Department/Engineer (2) Requires fence/wall permit from the Building Department |
Fences and walls (not retaining walls) | |
4 feet in height or less | No permit required |
Located within 10 feet of the front line of the house and exceeding 4 feet in height but not exceeding 6 feet in height | Requires fence/wall permit from the Building Department |
Exceeding 4 feet in height and located more than 10 feet in front of the front line of the house | (1) Requires variance from ZBA; (2) Fence/wall permit from the Building Department |
Exceeding 6 feet in height | (1) Requires variance from ZBA unless the fence is located in an Industrial District; (2) Fence/wall permit from the Building Department |
§ 194-99 Visibility at intersections.
On a corner lot in any residential district, no fence, wall, hedge or other structure or planting more than 3 1/2 feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 30 feet distant from the point of intersection, measured along said street lines.
§ 194-100 Corner lots.
[Amended 12-28-1995 by L.L. No. 11-1995; 1-11-1996 by L.L. No. 2-1996; 11-14-2002 by L.L. No. 11-2002; 9-22-2022 by L.L. No. 7-2022]
A corner lot is a lot at the intersection of and abutting two or more intersecting streets or highways, as said term appears in § 280-a of the New York State Town Law. The setbacks in a side yard with frontage on a street or highway of a corner lot shall be the lesser of double those of the underlying Zoning District and the required front yard.
§ 194-101 Height restriction exceptions.
The height limitations of this chapter shall not apply to church spires, belfries, cupolas, penthouses and domes which are not used for human occupancy, nor to radio and television antennas, dish antennas not over six feet in diameter, skylights, water tanks, bulkheads and similar necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve, shall not exceed in cross-sectional area 20% of the ground floor area of the building, shall not establish or create a hazard to aircraft and/or airport operations and, where required by law, shall be properly lighted and/or marked to protect aircraft.
[Amended 3-28-1985 by L.L. No. 7-1985]
The height limitation of 30 feet or two stories for the I-1 Light Industrial District may be increased 10 feet for every 100 feet of additional front yard depth which is furnished in excess of the 50 feet minimum front yard depth established in the Bulk Schedule, provided that any building exceeding the height limit of 30 feet or two stories shall be located on a lot of 10 acres or more and shall not be located, with respect to any boundary line, a distance less than the height of such building.
Height variations. The height limitation of 35 feet or 2 1/2 stories for the R-1, R-2 and R-3 Districts may be increased 10 feet for every 100 feet of additional front yard depth which is furnished in excess of the 50 feet minimum front yard depth established in the Bulk Schedule, provided that any building exceeding the height limit of 35 feet or 2 1/2 stories shall not be located, with respect to any boundary line, a distance less than the height of such building.
[Added 6-14-2001 by L.L. No. 3-2001]
§ 194-102 Exterior lighting.
[Added 3-28-1985 by L.L. No. 7-1985]
All exterior lighting accessory to a multifamily or nonresidential use, and all lighting of recreational facilities accessory to a residential use, including the lighting of signs, shall be of such type and location and shall have such shading as will prevent the source of the light from being a visual nuisance to any adjacent residential property. Hours of lighting may be limited by the Planning Board in acting on any site development plan. Where site development plan approval is not required, the Building Inspector may limit the hours of lighting as a condition of building permit approval.
§ 194-103 Refuse disposal.
[Added 3-28-1985 by L.L. No. 7-1985]
In multifamily and nonresidential uses, including special permit uses in residential zones, adequate facilities for disposal of refuse shall be provided by the owner/operator. In multifamily and nonresidential uses, including special permit uses in residential zones, all refuse disposal units or locations for deposit must also be screened from view and designed in such fashion as to be fireproof and to prevent access by rodents and blowing away of refuse.
§ 194-104 Awnings.
[Added 3-28-1985 by L.L. No. 7-1985]
No awning or similar weather shielding feature projecting beyond the property line of any lot into the sidewalk portion of a street shall be erected or maintained on any building, unless such awning or feature shall be firmly attached to the building and is at all points at least eight feet above the sidewalk area.
§ 194-105 Minimum residential unit size.
[Added 3-28-1985 by L.L. No. 7-1985; 2-13-2025 by L.L. No. 1-2025]
The minimum residential unit size in all districts shall be 400 square feet for accessory, attached and semidetached units and 800 square feet for detached units.
§ 194-106 Ornamental features.
The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet.
§ 194-107 Accessory structures. [1]
[Added 3-28-1985 by L.L. No. 7-1985; amended 11-14-2002 by L.L. No. 9-2002; 7-26-2007 by L.L. No. 3-2007 ;2-27-2014 by L.L. No. 2-2014; 6-22-2017 by L.L. No. 2-2017; 2-13-2025 by L.L. No. 1-2025]
General. No building permit shall be issued for the construction of any detached accessory structure/building, inclusive of garages, utility sheds, storage sheds, accessory residential structures or any other outbuildings, but not including construction sheds, until such time as the principal building has been substantially completed in all respects, conforming to all applicable provisions of this chapter.
Standards. Residents are permitted no more than three accessory structures inclusive of sheds of any size. No more than two accessory structures meeting the definition of a shed are permitted and no more than one detached garage is permitted.
Sheds.
Building permit. No building permit is required for a shed less than 144 square feet in size and 10 feet in height. Any shed greater than 144 feet in size and/or 10 feet in height must obtain a building permit and must meet New York State Building Code. A shed shall be no larger than 350 square feet. A building permit must be obtained for all electric service to a shed or accessory structure. See table below.
Shed Size | Building Permit Required1 | Setback (feet) | Maximum Height (feet) |
|---|---|---|---|
1 sf to 144 sf and up to 10 feet in height | No, unless electric is installed | 15 | 10 |
1 sf to 144 sf and over 10 feet in height | Yes | 15 | 15 |
145 sf to 350 sf | Yes | 15 | 15 |
Note: | |
|---|---|
1 | A building permit must be obtained for electric service to any shed or accessory structure. |
Deadline for construction. Sheds must be of completed construction within a six-month period and must meet New York State Uniform Building and Fire Prevention Code requirements with what is considered finished siding and roofing.
Any shed containing a garage door must meet the requirements of a detached garage.
Shed setbacks. Sheds shall not be erected within 15 feet of a side or rear property line, and shall not be placed in front of the front line of the principal residence (see table above for additional shed setback requirements).
Detached garages. One detached garage is allowed by building permit only and shall meet all applicable bulk regulations of the district in which it is located. Detached garages shall not be located in front of the front line of a house. Detached garages must be permanent and not a fabric-covered structure and may in no event exceed 750 square feet or 60% of the square footage of the footprint of the principal structure, whichever is greater in size and 1.5 stories or 25 feet in height. All detached garages must contain a floor comprised of an approved noncombustible material approved by the Town Engineer. In cluster subdivisions, the Planning Board may authorize detached garages to be placed within the rear yard, so long as the garage is set back at least 10 feet from the rear inside property lines.
Other detached accessory structures. One additional detached accessory structure meeting New York State Building Code and all applicable bulk regulations of the district in which it is located is allowed by building permit on a residential lot for uses customarily associated with a primary residence such as a pool cabana, playhouse, and workshop. The structure shall not be located in front of the front line of a house and shall not exceed 350 square feet or 15 feet in height. Application may be made to the ZBA to allow for a larger accessory structure, but under no conditions shall the structure exceed 750 square feet or 60% of the footprint of the principal structure, whichever is greater in size and 1.5 stories or 25 feet in height.
§ 194-108 Construction sheds.
[Added 3-28-1985 by L.L. No. 7-1985]
After building permits for basic construction have been granted in accordance with the appropriate provisions of this chapter, temporary construction sheds may be erected on the lot on which primary construction is to be undertaken. Each construction shed shall not be larger in size than 50 square feet unless an application therefor is made to the Building Inspector, such application adequately showing the need for a construction shed of larger size. The Building Inspector may grant permission for the temporary erection and use of such larger construction shed. All construction sheds shall be immediately removed in the event the building permit, originally issued by the Building Inspector, either expires or becomes void, or immediately upon completion of the work authorized by the building permit and prior to the issuance of a certificate of occupancy, unless such construction shed is to be used with respect to the erection of another building for which a building permit has been issued. Under no circumstances shall any construction shed be used for residential purposes.
§ 194-109 Landscaping, screening and buffer areas.
[Added 3-28-1985 by L.L. No. 7-1985; amended 10-25-2012 by L.L. No. 8-2012]
All portions of properties, except single-family detached dwellings, which are not used for locations for buildings, structures, off-street parking and loading areas, sidewalks or similar purposes, shall be suitably landscaped and permanently maintained with planting of trees and shrubbery, as approved by the Planning Board as part of the site plan or other approval, so as to minimize erosion and stormwater runoff and harmoniously blend such uses with the residential character of the Town as a whole.
Landscape buffer. A landscape buffer shall be required to screen and protect neighboring residential properties from the view of uses and parking areas on the site.
Depth. It shall be at least 10 feet in depth along any lot line abutting or directly across the street from a lot in a residential district.
Plantings. It shall be of evergreen planting of such type, height and spacing as, in the judgment of the Planning Board, will effectively screen the activities on the lot from view of persons standing on adjoining properties. The plan and specifications for such planting shall be filed with the approved plan for the use of the lot.
Enclosure. A wall or fence of location, height and design approved by the Planning Board may be substituted for the required planting.
Modifications. Where the existing topography and/or landscaping provides adequate screening, the Planning Board may modify the planting and/or the landscape buffer requirements.
Maintenance. All planting shown on an approved site development plan or special permit plan shall be maintained in a vigorous growing condition throughout the duration of the use, and plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season.
§ 194-110 Underground utility lines.
[Added 3-28-1985 by L.L. No. 7-1985]
All power and communication lines shall be installed underground in the manner prescribed by regulations of the governmental agency or utility company having jurisdiction. However, where site or other environmental considerations would cause undue hardship, the appropriate reviewing agency shall have authority to waive this requirement.
§ 194-111 (Reserved) [1]
§ 194-112 Dish antennas.
[Added 3-28-1985 by L.L. No. 7-1985]
Dish antennas equal to or under six feet in diameter. Dish antennas not over six feet in diameter are allowed as of right as an accessory use in all districts, subject to the setback requirements for buildings.
§ 194-112.1 Handicap ramps.
[Added 10-25-2012 by L.L. No. 8-2012]
Handicap ramps may extend into any required setback.
§ 194-112.2 Boundary markers for wetlands, wetland buffers, conservations easements or any other sensitive environmental lands.
[Added 10-25-2012 by L.L. No. 8-2012]
Split rail fences, boulders, stonewalls or any other markers used to delineate the boundary of a wetland, wetland buffer, conservation easement or any other sensitive environmental may be placed within a setback.
§ 194-112.3 Drive-through retail and service facilities.
[Added 6-22-2017 by L.L. No. 2-2017]
Retail or service uses providing drive-through facilities shall be designed and operated to effectively mitigate problems of traffic congestion, excessive pavement, litter, noise, and unsightliness.
Drive-through aisles shall have a minimum twenty-foot radius at curves and a minimum width of 12 feet.
Each entrance to an aisle and the direction of traffic flow shall be clearly designated by signs and pavement markings.
Each drive-through aisle shall be separated from the circulation routes necessary for ingress or egress from the property, or access to a parking space.
The adequacy of vehicle queuing capacity of the drive-through facility and the design and location of the ordering and pickup facilities shall be determined by the Planning Board.
Each drive-through aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to prevent headlight glare from impacting adjacent streets and parking facilities.
Additional conditions. The Planning Board may, in its discretion, establish additional conditions that it deems necessary and appropriate, based upon circumstances that exist at the time of the granting of site plan approval, including the prohibition of drive-throughs if warranted.
§ 194-113 General.
In conjunction with any principal building or use hereafter established, there shall be provided on the same lot therewith off-street parking spaces to meet the minimum requirements specified in the Off-Street Parking Schedule (§ 194-18) and subject to the following regulations.
§ 194-114 Residence districts.
No unenclosed off-street parking facility shall be developed within 25 feet of a front lot line nor within 10 feet of a side or rear lot line.
§ 194-115 Business and industrial districts.
[Amended 9-12-1996 by L.L. No. 9-1996]
Parking prohibited in residential zones. No parking required for a business use or an industrial use in a business or an industrial district (B-1, B-2, PBN, PCP, PRDP, I-1, I-2, I-3, I-1-S) shall be provided in a residence district.
§ 194-116 Improvements.
[Amended 9-12-1996 by L.L. No. 9-1996]
General requirements. Required off-street parking facilities may be enclosed in a structure or may be open, provided that all required parking facilities shall be graded, surfaced, drained and suitably maintained as approved by the Planning Board, or Zoning Board, as the case may be, or by the Building Inspector in the event that no approvals from the Planning Board or Zoning Board are required. Plans for any off-street parking area shall provide for suitable markings to indicate parking spaces, maneuvering area, and entrances and exits.
Landscaping requirements. Required off-street parking shall meet the following landscaping requirements:
Front yard landscape buffer for parking areas. Any office, commercial or industrial development on Route 52 shall have a minimum fifty-foot suitably landscaped buffer strip along the Route 52 frontage. No parking or structures shall be placed within this buffer strip. Along the frontages of all other roads, a twenty-five-foot suitable landscaped buffer strip shall be required along the road frontage for any required street parking facility. The landscaping for these buffer areas shall be approved by the Planning Board or the Zoning Board, as the case may be, or by the Building Inspector in the event that no approval from the Planning Board or Zoning Board is required.
Side and rear landscape buffer. A suitably landscaped buffer of at least 10 feet in depth shall be provided along each side and rear lot line, and no parking or structures shall be placed within this buffer area. The landscaping for these buffer areas shall be approved by the Planning Board or the Zoning Board, as the case may be, or by the Building Inspector in the event that no approval from the Planning Board or Zoning Board is required.
Interior landscaping of parking areas. Landscaped median islands, where required under this section, shall be landscaped. At least one tree per each 10 parking spaces shall be provided as landscaping in the medians within the parking areas, or such other equivalent landscaping as approved by the Planning Board. This requirement shall be deemed to be in addition to any landscaping provided in the front, side or rear landscaped buffers as provided in Subsection A(1) and (2), above.
Size and dimensions of parking spaces and lanes between rows of parking.
Spaces: Parking spaces shall measure, at a minimum, 10 feet wide by 18 feet deep.
Lanes between rows/bays of parking: Rows of parking spaces shall be separated by a travel lane at least 24 feet wide.
Width and curbing of landscaped median islands between bays of parking: Landscaped islands separating bays of parking shall be at least eight feet wide, with a six-inch high curb. Curbing shall be provided for these bays utilizing concrete, granite, belgian block or other similar material, as approved by the Planning Board.
A sketch illustrating these dimensional requirements is attached to this section as Exhibit A and shall be incorporated as part of Article XIV.[1]
[1]
Editor's Note: Exhibit A, Off-Street Parking Diagram, is included at the end of this chapter.
§ 194-117 Longevity and use.
Required off-street parking facilities shall be maintained as long as the use or structure exists which the facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times to those persons who are employed at or make use of such structures and land uses, except when dedicated to and accepted by the town as public parking areas.
§ 194-118 Location.
All parking spaces provided pursuant to this article shall be on the same lot with the building, except that the Board of Appeals may permit the parking spaces to be on a lot within 500 feet of the building if it determines that it is impractical to provide parking on the same lot with the building.
§ 194-119 General.
The provisions contained in this article shall apply to all nonconforming uses of buildings or land existing on the effective date of this chapter and to such uses that become nonconforming by reason of any amendment thereto.
§ 194-120 Continuance of nonconforming uses.
Except as otherwise provided in this article, the lawful use of any building or land existing at the time of the enactment of this chapter or any amendments thereto may be continued although such use does not conform to the provisions of this chapter.
§ 194-121 Nonconforming buildings.
A building that is conforming in use but does not conform to the bulk or parking requirements of this chapter shall not be considered to be nonconforming within the meaning of § 194-119; however, no permit shall be issued that will result in the increase of any such nonconformity.
§ 194-122 Changes.
The nonconforming use of a building or land may be changed only to a conforming use or to a use of similar or less nonconformity as determined by the Board of Appeals.
§ 194-123 Enlargements or extensions.
A building or land area, the use of which does not conform to the use regulations for the district in which it is situated, may, upon conformance with the standards and issuance of a special permit by the Board of Appeals as provided in Article IX, be enlarged or extended in an amount which may not exceed 50% of the gross area actually occupied by such use at the time of the adoption of this chapter or any amendments thereto.
An enlargement or extension which is greater than 50% of the gross area must conform to all regulations, including the use regulations for the district in which it is situated, for that portion of the building or land exceeding 50%.
Any nonconforming use may be extended throughout any parts of the building which were lawfully and manifestly arranged or designed for such use at the time of the adoption of the provisions of this chapter or amendments thereto.
Notwithstanding any of the foregoing, a mobile home park located in any B-1 or R-1 zone which has been enlarged or extended under Subsection A above may, upon conformance with the standards and issuance of a special use permit by the Board of Appeals as provided in Article IX, be further enlarged or extended in an amount not to exceed an additional 25 mobile home units or 50% of the number of units in existence at the time of the request for the second expansion, whichever is greater. While this is the maximum number attainable, an application must also meet site plan approval requirements, and the Planning Board shall determine the actual number of additional units which can be placed on the site, as part of its site plan review function.
[Added 9-14-1995 by L.L. No. 8-1995]
Procedure.
The Zoning Board of Appeals shall open its public hearing process on the special permit application, combining this, where possible, with its hearing on the amended mobile home park license under § 131-5C of the East Fishkill Code. The Zoning Board shall also coordinate the SEQR process with the Planning Board and any other involved agencies. After the initial session of the public hearing, the Zoning Board shall refer the proposed special permit application to the Planning Board for a site plan review and an advisory recommendation prior to making its decision. The advisory opinion will address the site plan issues and will recommend a proposed maximum number of mobile home units for the site, and a proposed mix of active and passive recreation, based upon site plan and layout considerations, including those set forth in this chapter. The Planning Board shall also make a final SEQR determination of significance, and may grant preliminary site plan approval, which approval shall be conditioned upon the issuance of a special permit by the Zoning Board of Appeals.
After the Planning Board's recommendation, the Zoning Board shall proceed to final consideration of the special permit application, taking into consideration the general provisions of law applying to the grant of special permits and the specific standards set forth in this Zoning Chapter relating to mobile homes. The final decision on the special permit shall be made only after the final SEQR determination has been made.
The proposed enlargement or extension must comply with the following standards, at a minimum, and the Zoning Board shall not waive or grant area variances of any of these standards:
The mobile home park must have been established before the effective date of zoning (February 7, 1963).
The property which is the subject of the expansion application must be owned by the mobile home park owner as of January 1, 1995.
No mobile home unit, building or structure shall be located nearer than 50 feet from the boundary of the mobile home park.
Access roads within the expansion area shall be at least 20 feet in width, and shall be paved to the following thickness standards:
[Amended 10-23-1997 by L.L. No. 8-1997]
9 inches R-O-B Gravel | |
3 inches Item 4 | |
2 inches Binder Course Blacktop | |
1.5 inches Top Wearing Course Blacktop |
All structures, including mobile home units shall have a minimum setback of 20 feet from any interior access road, except mail boxes and school bus shelters.
The minimum separation between mobile home units shall be 30 feet. Accessory structures such as carports, storage sheds, decks, patios, whether enclosed or not, may be located within the separation, but no closer than five feet of the line separating two mobile home sites. Additionally, accessory storage sheds shall not be located forward of the rear line of the mobile home.
Each mobile home site shall provide off-street parking for at least two vehicles. The site plan shall also provide additional guest parking in an amount not less than 1/2 space per unit. Guest parking spaces will be located in one or more common parking areas shown on the site plan.
The gross density of the expansion area shall not exceed four units per acre. No individual mobile home site shall be smaller than 5,000 square feet.
The minimum size of any mobile home shall be 600 square feet.
The expansion area shall be held in the same ownership as the main park, and shall not be subdivided.
All new mobile home units shall have peaked roofs.
Water supply and sewage disposal shall be approved by the Dutchess County Department of Health.
A minimum of 10% of the total park area shall be set aside and used for recreational area for the park. The Planning Board shall decide on an appropriate mix of active and passive recreation for the site. The land set aside for recreation shall be suitable for such use and shall be maintained by the owner of the park in a neat and usable condition for the residents of the mobile home park, and no portion of its active or passive use shall be changed absent the grant of an amended site plan approval by the Planning Board. Additionally, the failure to maintain the recreation area shall be deemed a violation of the conditions of the special permit and the site plan approval.
§ 194-124 Alterations.
A building nonconforming in use may be structurally altered, provided the aggregate cost of the structural alteration does not exceed 25% of the real value as determined by reference to the assessed valuation and equalization rate in effect at the time the alteration is to be performed. Structural alterations required by law and such maintenance and repair work as is required to keep a nonconforming building in sound condition shall be permitted.
§ 194-125 Discontinuance.
Whenever a nonconforming use of a building or land has been discontinued for a period of more than one year or is changed to a conforming use, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.
§ 194-126 Restoration.
Any building nonconforming in use which is damaged by fire or other causes to the extent of more than 50% of its real value, as determined by reference to the assessed valuation and equalization rate in effect when such damage occurs, may be repaired or reconstructed to the same size and on the same location or at the location specified for new buildings in the district in which such use is located, provided such repairs or reconstruction shall be completed within two years of the date on which the damage occurred.
§ 194-127 Removal.
If a building nonconforming in use is hereafter removed, the subsequent use of the lot on which such building was located and the subsequent use of any building thereon shall be in conformity with the regulations specified by this chapter for the district in which such land or building is located.
§ 194-128 Completion of building under construction.
Any building, the construction of which has been started prior to the effective date of this chapter, and the ground story framework of which, including the second tier of beams, has been completed within six months after the date of the adoption of this chapter, may be completed, provided such construction is diligently prosecuted and the building is completed within one year of the date of the adoption of this chapter.
§ 194-129 Existing special permit uses.
Any lawful use existing at the time of the adoption of this chapter or of any amendments thereto, which is classified as a special permit use in the district in which it is located, shall, without further action, be deemed to be a conforming use.
§ 194-130 Undersized lots.
Any lot held in single and separate ownership prior to the adoption of this chapter, whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter or any amendment thereto for the district in which it is situated, may be considered as complying with such minimum lot requirements, provided that:
Such lot does not adjoin other undersized lot or lots held by the same owner whose aggregate area is equal to or greater than the minimum lot area required for that district.
The minimum front and rear yard dimensions for the district are maintained.
The following side yard dimensions are maintained in residence districts:
Existing Lot Width (feet) | Each Side Yard (feet) | |
|---|---|---|
75 - 124 | 15 | |
74 or less | 12 |
All other bulk requirements for the district are complied with.
Notwithstanding anything contained herein to the contrary, if a parcel of land acquired prior to the adoption of this chapter is held in a single and separate ownership and has not been acquired as one parcel and each acquired parcel contains in excess of 1/2 acre, and such acquired parcel does not adjoin other vacant and undeveloped parcels held by the same owner, then such separately acquired parcel or parcels may be considered by the Board of Appeals, for the purpose of granting a variance, as complying with such minimum lot requirements of this chapter or any amendments thereto, even though the area and/or depth are less than the specified minimum lot requirements of this chapter or any amendments thereto, for the district in which it is situated.
In a zone requiring a minimum lot size of two or more acres, a lot which was lawfully created prior to the effective date of the law creating the two-acre zone, to wit, April 1, 1985, whether held in single and separate ownership or not, which lot is less than two acres in size, but at least one acre in size, shall be considered as a conforming lot with respect to area; and said lot further shall be required to meet the bulk regulations applicable to the one-acre zone. In a zone requiring a minimum lot size of three or more acres, a lot which was lawfully created after April 1, 1985, but prior to the effective date of the law creating the three-acre zone, to wit, December 5, 2002, whether held in single and separate ownership or not, which lot is less than three acres in size, but at least two acres in size, shall be considered as a conforming lot with respect to area; and said lot further shall be required to meet the bulk regulations applicable to the two-acre zone.
[Added 3-28-1985 by L.L. No. 2-1985; amended 6-14-2001 by L.L. No. 3-2001; 11-14-2002 by L.L. No. 4-2002]
An undersized lot, which was lawfully created prior to the effective date of this chapter, whether or not held in single and separate ownership, which lot adjoins another undersized lot, upon which is located the residence of the owner, may be considered by the Board of Appeals for the purpose of granting a variance in accordance with § 194-130B; provided said lot meets the bulk regulations of § 194-130A(3) and (4).
[Added 11-16-1989 by L.L. No. 11-1989; amended 3-8-1990 by L.L. No. 1-1990]
§ 194-131 Lots in approved subdivisions.
[Amended 3-28-1985 by L.L. No. 2-1985]
Any lot in a subdivision whose plat has been approved and properly filed prior to passage of this chapter or any amendments thereto, and whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter or any amendments thereto for the district in which it is situated, may be considered as complying with such minimum lot requirements in accordance with the provisions of Town Law § 265-a.
In addition to the foregoing, lots on a subdivision plat located within the R-2 zone created by Local Law No. 2-1985, which received preliminary approval by the East Fishkill Planning Board on or after September 1, 1984, and before the effective date of this local law, to wit, April 1, 1985, shall be considered as complying with this law and shall, upon compliance with any other applicable requirements, be entitled to building permits, provided that:
[Amended 6-14-2001 by L.L. No. 3-2001]
All such lots are at least one acre in size and comply with all other bulk requirements of the R-1 zone;
A legally sufficient application for final subdivision approval is submitted to the Planning Board within six months of the effective date of Local Law No. 2-1985; and
Final subdivision approval is thereafter granted, any applicable conditions of approval are timely met, and the final plat is duly and timely filed in the Dutchess County Clerk's Office pursuant to Town Law § 276.
In addition to the foregoing, lots on a subdivision plat located within the R-3 Zone created by Local Law No. 4 of the year 2002, and which received preliminary subdivision approval by the East Fishkill Planning Board before the effective date of such local law, to wit: December 5, 2002, shall be considered as complying with this chapter and shall, upon compliance with any other applicable requirements, be entitled to building permits, provided that:
[Added 11-14-2002 by L.L. No. 4-2002]
All such lots comply with the provisions of the two-acre zone requirements, and with all other bulk requirements of the two-acre zone.
A legally sufficient application for final subdivision approval is submitted to the Planning Board within six months of the effective date of the local law creating the three-acre zone (December 5, 2002).
Final subdivision approval is thereafter granted within six months after such submission, and the final plat is duly and timely filed in the Dutchess County Clerk's office pursuant to Town Law § 276.
§ 194-132 Site plan required.
Any application for a building permit for a change in use, the enlargement or extension, alteration or restoration of a building or land existing as nonconforming except a residence, shall require the submission of a site plan.
The application and procedure shall conform to Article VII of this chapter, with the exception that the application will be made to the Board of Appeals, which, in turn, will submit the site plan to the Planning Board for review prior to the granting of any permit or the extension of an existing permit.
§ 194-132.1 Gas stations.
[Added 7-26-2012 by L.L. No. 4-2012]
To the extent provided by § 194-85E, eligible nonconforming gas stations may exceed nonconforming bulk dimensional standards for the reuse of a lot without obtaining a special permit from the Zoning Board of Appeals. Lots having eligible nonconforming gas stations may, as provided in § 194-85E may be reestablished without being subject to the time limitations of § 194-25.