Provide adequate light, air and privacy; secure safety from fire and other danger; and prevent overcrowding of the land and undue congestion of population.

Protect the character and the social and economic stability of all parts of the Village; encourage the orderly and beneficial development of all parts of the Village; and protect and conserve the value of land and buildings appropriate to the various districts established by this chapter.

Bring about the gradual conformity of the uses of land and buildings throughout the Village through the comprehensive chapter set forth herein and minimize conflicts among the uses of land and buildings.

Promote the most beneficial relationship between the uses of land and buildings and the street system which serves these uses, having particular regard to the potential amount and intensity of such land and building uses in relationship to the traffic capacity of the street system so as to avoid congestion in the streets and to promote safe and convenient vehicular and pedestrian traffic movement appropriate to the various uses of land and buildings throughout the Village.

Provide a guide for public action in the orderly and efficient provision of public facilities and services, and for private enterprise in building development, investment and other economic activity relating to uses of land and buildings throughout the Village.

Prevent the pollution of watercourses and wetlands; avoid hazardous conditions and excessive damage resulting from stormwater runoff and flooding; and encourage the appropriate use and sound management of natural resources throughout the Village.

Preserve the natural beauty of the physiography of the Village; protect the Village against unsightly, obtrusive and obnoxious land uses and operations; enhance the aesthetic aspect of the natural and man-made elements of the Village; and ensure appropriate development with regard to those elements.

The Planning Board shall consist of five members, appointed by the Village Board, who shall serve for terms of five years. Any member of the Planning Board may be removed from office by the Mayor for cause and after a public hearing.

The term of each Planning Board member shall be defined to begin on June 1 of the year of appointment and to end on May 31, five years from the date of appointment. Only one term shall expire in any calendar year. The members of the Planning Board in office at the time of the adoption of this chapter shall be assigned by the Village Board to the term which most closely matches the sequence of planned expiration dates of their current terms, and they shall continue in office for the term for which they have been appointed and until their successors have been appointed as herein provided.

In the event of a vacancy in office or the expiration of a term of office, the Mayor shall appoint a successor, who shall serve for the unexpired term of the member whose place has become vacant.

Planning Board members shall complete, within 12 months of their appointment and at Village expense, approved courses in the planning process and the State Environmental Quality Review (SEQR) process. Subsequently, all Planning Board members shall complete a formal training program or review of planning law and procedures, at Village expense, at least once every two years. Records of all such training shall be kept in the minutes of the Planning Board. Failure to complete such courses shall constitute cause for dismissal from the Planning Board.

The Planning Board shall have all the powers and duties prescribed by law (including §§ 7-725-a and 7-725-b of the Village Law), especially to ensure that the orderly growth of the Village shall proceed according to the provisions of this chapter and to the overall planning of the adjacent areas.

Interpretation. In cases of dispute as to the intent of this chapter of the Village of Fishkill, the Zoning Board of Appeals shall determine the intent of the chapter as it applies to a given condition and place in accordance with § 171-147B of this chapter.

Approval of site plans. The Planning Board shall have the authority to approve, approve with conditions or disapprove site plans submitted to the Board, subject to the requirements of Article X.

Special use permits. The Planning Board shall have the authority to approve, approve subject to conditions or disapprove applications for any of the permitted special uses, subject to the requirements of Article VII. The Planning Board shall not have power to grant or consider variances from the requirements of this chapter, unless specifically authorized herein. Such authority is vested in the Board of Appeals as outlined in Article XIV of this chapter.

Approval of subdivision plats. The Planning Board shall have the authority to approve, approve with conditions or disapprove subdivision plats submitted to the Board subject to the requirements of the Subdivision Regulations adopted in conjunction with this chapter.[1]

Mailing notice of public hearings to neighbors. At least five days prior to a duly noticed public hearing, the applicant shall send copies of the legal notice of public hearing by certified mail (return receipt) to all property owners adjacent to the subject premises, as such adjoining owners may appear upon the latest completed assessment roll of the Village. Such notices shall be mailed to the street address of the adjoining properties regardless of whether or not the owner resides there, unless the Village has definite knowledge of other addresses of absentee owners. Any of the foregoing to the contrary notwithstanding, because of practical difficulties in determining lot lines, title to property and the names and addresses of adjacent owners, the mailing of such notices shall not be a condition precedent to proper legal notice of hearing, and no hearing or action taken at such hearing shall be deemed to be invalid or illegal because of failure to mail any such notice or failure of any addressee to receive the same. The applicant shall submit the receipts of certified mail (if available) and an affidavit stating the names and addresses to whom the notices were sent and that the mailing was completed at least five days prior to the public hearing.