Fishkill Village City Zoning Code
ARTICLE X
Site Plans
§ 171-80 Actions and uses requiring approval.
A detailed site plan shall be approved by the Planning Board before a building permit or certificate of occupancy is issued whenever it is proposed or intended that:
A residential use be changed to a nonresidential use or partly residential and partly nonresidential.
An existing nonresidential use be changed as to kind or size and in all cases where a changed use requires a change in parking standards; any new nonresidential project regardless of change in size.
Unimproved realty be developed for any use other than one single-family dwelling.
§ 171-81 Submission of application; contents.
An application for a building permit involving site plan approval by the Planning Board shall be made to the Planning Board. Before any such application shall be submitted to the Board, it shall be examined first by the Code Enforcement Officer, and unless endorsed by such official as complete, the Board shall not entertain it.
[Amended 5-24-2010 by L.L. No. 6-2010]
Four copies of the application shall be submitted and shall include the following information prepared and signed by a licensed professional engineer:
[Amended 11-13-1995 by L.L. No. 3-1995; 10-16-2007 by L.L. No. 9-2007]
A map of the applicant's entire holding, at a scale of not more than 20 feet to the inch, and a color rendering of the proposed structure.
An area map of the applicant's property, to scale, showing all properties, subdivisions, streets and easements within 250 feet of the applicant's property.
A topographic map of the property at two-foot contour intervals, unless otherwise specified by the Planning Board, showing the existing and proposed regraded surface of the land and the location of natural features such as streams, swamps, rock outcrops and major trees eight inches or more in diameter as measured three feet above the ground.
A detailed site plan showing location, proposed use and height of all buildings; location of all parking and truck loading areas with access and egress drives thereto; location of outdoor storage, if any; location and type of recreation facilities, if any; location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; description of method of water supply and sewage disposal and location of such facilities; location and proposed development of buffer areas and landscaping, where required; location and design of lighting facilities; and the location, size and type of all signs.
A detailed computation of total lot area, of building floor area for each type of proposed use, building coverage, roads and parking.
For industrial or business uses, specific uses proposed, number of employees for which buildings are designed, type of power to be used for any manufacturing processes, type of wastes or by-products to be produced by any manufacturing process and proposed method of disposal of such wastes or by-products.
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 133 and Art. XVIII of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Art. XVIII of this chapter. The approved site plan shall be consistent with the provisions of Chapter 133 and Art. XVIII of this chapter.
Any additional information as the Planning Board may deem necessary in order to decide on the application. Upon request of the applicant, the Planning Board may, by resolution, waive submission of all or part of the above-described information or material if the Board finds that such matter is not necessary to a decision upon the application.
§ 171-82 Referral of application to Planning Board.
[Amended 10-13-1992 by L.L. No. 2-1992; 11-13-1995 by L.L. No. 3-1995]
Referral to Planning Board. Each application involving site plan approval, together with the required information described in § 171-81 above, shall be referred to the Planning Board by the Code Enforcement Officer within 10 days of the date of application for action thereon. The Planning Board shall hold a public hearing on the site plan application within 62 days after the date that a complete application is received by the Planning Board, in accordance with § 171-84 herein. The Planning Board shall render a decision to the Code Enforcement Officer with regard to the site plan application within 62 days after such public hearing. Notwithstanding the above, the time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. The decision of the Planning Board shall be filed in the office of the Village Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant.
[Amended 5-24-2010 by L.L. No. 6-2010]
Referral to county. Applications for site plan approval within a specified distance of certain areas and facilities as described in § 239-m of the General Municipal Law shall be referred to the County Planning Board at least 10 days prior to the public hearing and action taken only in accordance with said section of the General Municipal Law and § 7-725-a, Subdivision 8, of the Village Law. The County Planning Board shall have a maximum of 30 days after receipt of a full statement of the proposed site plan to report its recommendations and reasons for such recommendations to the Planning Board. Should the County Planning Board recommend modification or disapproval of the site plan, the Planning Board shall not act contrary to such recommendation except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action. Within 30 days after final action, the Planning Board shall file a report of its final action with the County Planning Board. If the Planning Board acts contrary to the county's recommendation of modification or disapproval, the report shall set forth the reasons for the contrary action.
§ 171-83 Standards for approval; expiration of approval.
[Amended 11-13-1995 by L.L. No. 3-1995]
General standards. The proposed use and construction of buildings and other structures, including outside storage areas, site development and landscaping and off-street parking and loading, shall conform to all of the requirements of this chapter.
Access. Provision shall be made for vehicular access to the lot in such a manner as to avoid undue hazards to traffic and undue traffic congestion on any public street.
Neighborhood. The site plan and architectural plans shall be of a character so as to harmonize with the neighborhood, to accomplish a transition in character between areas of unlike character, to protect property values and to preserve and enhance the appearance and beauty of the community.
Reservation of parkland on site plans containing residential units.
[Added 10-22-2012 by L.L. No. 13-2012[1]]
Before the Planning Board may approve a site plan containing residential units, such site plan shall also show, when required by the Planning Board, a park or parks suitably located for playground and other recreational purposes.
In the event that the Planning Board finds that a suitable park or parks of adequate size to meet the requirements of the new residents cannot be properly located on such site plan, the Planning Board may require a sum of money in lieu thereof, in an amount established by the Village Board of Trustees as may be amended from time to time. In making such 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. Any monies required by the Planning Board in lieu of land for park, playground and other recreational purposes, pursuant to this section, shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property.
Notwithstanding the foregoing, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved, 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.
[1]
Editor's Note: This local law also provided for the redesignation of former Subsection D as Subsection E.
Expiration.
[Amended 3-13-2000 by L.L. No. 3-2000[2]]
Site plan approval shall expire after one year if no work is done on the project and after two years if the project is not completed.
The Planning Board may, upon a finding that the applicant is proceeding with the project with due diligence and has offered a reasonable explanation of its inability to commence and/or complete the project, grant one or more six-month extensions of the site plan approval subject to such conditions as the Planning Board determines are appropriate. The granting of extensions under this section shall not require a public hearing. Prior to the grant of any extensions pursuant to this section, the applicant shall deposit with the Village such additional escrow monies for professional consultation services as may be deemed necessary by the Planning Board.
[2]
Editor's Note: This local law provided that it shall apply retroactively to all site plan approvals granted on or after July 1, 1996.
§ 171-84 Public hearing.
[Amended 11-13-1995 by L.L. No. 3-1995]
A public hearing shall be held by the Planning Board within 62 days of the submission of a complete application in accordance with § 7-725-a, Subdivision 7, of the Village Law. The public hearing shall be advertised at least once in a newspaper of general circulation in the Village at least five days before such hearing, and a notice of the hearing shall be mailed to the applicant at least 10 days before such hearing.
§ 171-85 Environmental impact statements.
[Amended 12-14-1987 by L.L. No. 3-1987; 11-13-1995 by L.L. No. 3-1995]
The Planning Board shall follow the procedures for determining whether the proposed action may have a significant impact on the environment in accordance with the State Environmental Quality Review Act (SEQRA), Part 617 of Title 6 of the New York Code of Rules and Regulations (the implementing regulations pertaining to Article 8 of the Environmental Conservation Law), Chapter 77 (Environmental Quality Review) of the Code of the Village of Fishkill and § 7-725-a, Subdivision 9, of the Village Law.
§ 171-86 Multifamily dwellings. [1]
[Added 3-4-2013 by L.L. No. 2-2013]
The following supplemental regulations shall apply to multifamily dwellings:
The minimum floor area of each dwelling unit shall be as follows: 400 square feet for a studio-style dwelling unit; 500 square feet for a one-bedroom unit; 700 square feet for a two-bedroom unit; 900 square feet for a three-bedroom unit.
Buildings shall be compatible with their surroundings in both size and architecture.
There shall be no first-floor residential unit(s) permitted in any buildings(s) that face Main Street in the VC-BD District, except west of Jackson Street where it shall be allowed subject to Planning Board approval.
[Amended 11-15-2021 by L.L. No. 4-2021]
Permitted density. Multifamily dwelling units may be permitted up to 14 dwelling units per acre. Within the VC-BD Zoning District west of Jackson Street, density shall be based on the ability to meet the required parking requirements of the site, not to exceed 25 dwelling units per acre.
[Amended 11-15-2021 by L.L. No. 4-2021]
A recreation fee may be charged for all new residential units, as provided for in § 171-83, in an amount set by the Village Board of Trustees, which amount may be amended from time to time.
The maximum building height in the VC-BD Zoning District shall be 35 feet, except that a building height of 40 feet shall be permitted west of Jackson Street, subject to Planning Board approval.
[Added 11-15-2021 by L.L. No. 4-2021]
[1]
Editor's Note: Former § 171-86, Local Historic Center District, was repealed 12-4-1996 by L.L. No. 11-1996.
§ 171-87 (Reserved) [1]
[1]
Editor's Note: Former § 171-87, Historic structures in other districts, was repealed 12-4-1996 by L.L. No. 11-1996.
§ 171-87.1 Adult uses.
[Added 2-18-1997 by L.L. No. 2-1997]
Legislative intent. The Village of Trustees hereby finds that certain business activities, by their nature, have serious objectionable operational characteristics which can lead to significant impacts on the surrounding community. The Village Board further finds that the uncontrolled proliferation of such uses would be inconsistent with the existing development and future plans for the Village of Fishkill in that such uses often result in influences on the community which increase the crime rate and undermine the economic, physical and social welfare of the community. Further, such uses have been found to contribute to the blighting of surrounding residential and commercial areas as a result of the related potential for an increase in crime, the undermining of the economic and social welfare of the community and the deterring of investment in and improvement of surrounding properties. Such uses can adversely impact the general health, safety and economic well-being of the entire community. In addition, the location of these uses may be in areas where youth may regularly assemble, and the general atmosphere encompassing their operation is of great concern to the Village Board of Trustees. By enacting criteria for the establishment of adult uses in the Village, the purpose of this section is to prevent the unrestricted proliferation or concentration of such businesses, to specifically limit and reduce their potential accessibility to children and to ensure that the effect of such businesses will not adversely affect the health, safety and economic well-being of the community.
Standards. To help achieve the above-stated goals and to promote the objectives of the Village's Comprehensive Plan, the granting of site plan approval by the Planning Board shall be subject to the following requirements in addition to the other requirements of said approval contained in Article X of this chapter.
Not more that one adult use shall be permitted on any lot.
No adult use shall be permitted on any lot which is located within 2,500 feet of any other lot containing an adult use.
No adult use shall be permitted on any lot which is located within 400 feet of any residential zoning district in the Village.
No adult use shall be permitted on any lot which is located within 400 feet of any lot on which there is located a school, nursery school, day-care center, place of religious worship or other religious institution, community center, public park, playground or playing field.
No adult use shall be located on any lot in the Historic Preservation Overlay Zone or on any lot which is located within 400 feet of said zone.
No adult use shall be permitted on any lot which is located within 400 feet of United States Route 9 or within 400 feet of Interstate Route 84.
All building openings, including doorways and windows, shall be located, covered or screened in such a manner as to prevent a view into the adult use from outdoors.
A condition of the approval of all adult uses shall be a restriction that no person under the age of 18 years shall be permitted into or on the premises of such use.
A further condition of the approval of all adult uses shall be the restriction that there shall be no outdoor display or advertising of any kind other than the signage permitted in Article V of this chapter.
No adult use shall be permitted in any building which already contains a residential use. No new residential use shall be established in a building of which any part is already used as an adult use.
Adult uses shall comply with all other requirements of this chapter, as well as all applicable Village, county, state and federal laws and regulations.
§ 171-87.2 Design requirements of Village Center Business District.
[Added 7-8-2002 by L.L. No. 6-2002; amended 3-10-2003 by L.L. No. 2-2003; 8-17-2009 by L.L. No. 24-2009]
The granting of site plan approval to a property in the Village Center Business District by the Planning Board shall be subject to the following requirements of said approval contained in Article X of this chapter:
New structures and modifications to existing structures shall be residential in appearance, in terms of exterior materials and treatment, roof treatment, appearance and placement of windows and doors, and other considerations as determined by the Planning Board.
Wherever feasible and appropriate, the site plan layout shall place structure(s) and landscaped areas/lawns in the front portion of the property with parking facilities located behind the structure(s) in the rear of the property.
Wherever feasible and appropriate, the development of properties for commercial use shall include the provision of common entry points and/or cross access between adjacent commercial properties and/or shall plan and allow for such connections to be made at a future date. To help assure the accomplishment of this, the Planning Board may require written assurance in a form satisfactory to the Village Attorney, binding the owner and the owner's heirs and assigns to provide and/or permit, and to maintain such interconnections.