[Amended 7-14-2021 by L.L. No. 3-2021]
A. Legislative intent. The Hudson River District (HRD) shall be applicable
to parcels as are mapped by the Town for such treatment and as are
situate within the Town of Fishkill submerged within the Hudson River
and which are abutting and/or contiguous with parcels within the City
of Beacon's Waterfront Development (WD) Zone.
B. Town Board special use permit required. A special use permit may
be granted, after public hearing by the Town Board, relating to the
alteration and/or use of the lands submerged within the Hudson River,
including development and/or use of areas above the river where said
alteration and/or use is found to be accessory and subordinate to,
as well as dependent upon, a larger development project subject to
City of Beacon review and approval, and where the owner and/or applicant
are the same.
C. Permitted special use permit uses. Permitted principal and accessory uses are intended to be consistent with the permitted principal and accessory uses as allowed in the City of Beacon Waterfront Development (WD) Zone. The uses listed in §
150-48A are consistent with the New York State Coastal Management Program and are allowed in the HRD by special use permit of the Town Board in accordance with the procedures outlined herein. In reviewing special use permit applications, the Town Board shall determine that the use(s) and site development proposed are compatible in terms of location, size, design and function.
D. Off-street parking. All provisions for associated off-street parking
and loading shall be provided on the abutting and/or contiguous lands
located in the City of Beacon, consistent with the applicable requirements
in Beacon.
E. Boat-related standards. Any marina- or boat-related uses, boat-fueling
docks, solid waste and pumpout facilities shall be located and designed
consistent with any applicable state or county regulations, and the
location of such facilities shall not interfere with Hudson River
traffic flow or constitute a health hazard.
F. Application procedures. The following application review and approval
procedures shall be followed:
(1) Application for special permit shall be made to the Town Board in accordance with Article
XI of this chapter and shall also be subject to the following additional special requirements:
(a)
Public access to the river shall be suitably provided.
(b)
Operations in connection thereto will not be objectionable to
nearby properties by reason of noise, fumes, vibration or other characteristics.
(c)
The location and design of the alteration and/or use of the
premises shall not interfere with or adversely impact tidal action
or the shipping channel of the Hudson River and shall conform with
all applicable regulations regarding flooding.
(2) The provisions set forth in Chapters
78 and
82 of the Fishkill Town Code and §§
150-91,
150-92,
150-44,
150-36 and Article
X, Site Development Plan Approval, shall not be applicable, provided that the City of Beacon, the State Department of Environmental Conservation, the Army Corps of Engineers or other governmental entities with jurisdictional authority over comparable issues covered by such provisions of the Fishkill Town Code address such issues in the context of either a favorable SEQRA determination by such agency(ies) assessing lack of significant impact or identifying mitigation of significant impact to the greatest extent practicable, or the issuance of relevant approvals of such agency(ies). Town Board determination of special permit may await the ripening of these conditions for exemption of the local regulation; absent the ripening of these conditions, the local regulations shall apply.
(3) Said plans shall be consistent with those submitted to the City of
Beacon for review and approval, and shall show the interrelationship
and connection of the proposed alteration and/or use of the premise
in the Town of Fishkill with that existing and proposed in the City
of Beacon for the larger development project. All alterations and/or
use improvements to occur in the portion within the Town of Fishkill
shall be suitably detailed to the satisfaction of the Town Board.