Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
No building permit shall be issued and no structure or use shall be established, other than a one one-family dwelling and accessory uses thereto and no certificate of occupancy for such a structure or use shall be issued until the Zoning Administrator is satisfied that all applicable requirements and accessory uses thereto have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approved plan and conditions. Revisions of such plans shall be subject to the same approval procedure.
An application for a building permit for a use requiring site development plan approval shall be made to the Zoning Administrator and shall be accompanied by a detailed development plan which shall contain the following information:
A map or maps of existing conditions and proposed physical changes, showing the applicant's entire property and adjacent properties and streets within 500 feet of the applicant's property, at a convenient scale;
The proposed location, use and design of all buildings and structures; any proposed division of buildings into units of separate occupancy;
Existing topography and proposed grade elevations;
The location for the placement of any construction trailer and any screening of same;
The location of all parking and truck loading areas, with access and egress drives thereto;
The location of any outdoor storage;
The location of all existing and proposed site improvements, including drains, culverts, retaining walls and fences;
A description of method of water supply and sewage disposal and location of such facilities;
The location and size of all signs;
The location and design of lighting, power and communication facilities;
The location of existing specimen vegetation and proposed landscaping;
Any other pertinent information as may be necessary to determine and provide for the proper enforcement of this chapter.
In addition, the application shall be accompanied by a stormwater pollution prevention plan consistent with the requirements of Town of Fishkill Town Code Chapter 130. The SWPPP shall meet the performance and design criteria and standards in Chapter 130, Article V. The approved site development plan shall be consistent with the provisions of Chapter 130. Any application for final approval for a property connected to the municipal sewer system shall include a fully executed current certificate of sewer compliance.
To offset the costs incurred by the Town in making drainage improvements resulting from development taking place within the Town, all applicants for approval of site development plans involving the construction of any buildings, streets or other improvements shall be required to submit a downstream drainage improvements fee, payable to the Town of Fishkill, in accordance with the current Fee Schedule.
Preliminary application procedure. Each application requiring site development plan approval, together with the required information described in § 150-96, and an application review fee as determined by the Planning Board to be conforming to the Town of Fishkill Schedule of Fees, shall be considered preliminary and shall be referred to the Planning Board by the Zoning Administrator within five days of the date of the application along with his comments regarding completeness of the application and other factors deemed appropriate. The Planning Board shall process the application and review the site plan in a manner and procedure similar to its authorized processing and review of subdivisions, § 132-11.
Formal review. A public hearing shall be conducted in conformance with the requirements of Chapter 114 of the Town of Fishkill Code. Notice of such public hearing shall be posted, published and mailed as required by Chapter 114 before said hearing is held. The applicant and/or his representative must attend the public hearing. Prior to scheduling a public hearing on the application, SEQR must be completed. If an EIS is prepared, a joint hearing may be held. Within 62 days after the close of the public hearing, the Planning Board shall forward its findings to the applicant and the Zoning Administrator. The Zoning Administrator shall also notify the applicant whether the preliminary application has been approved, disapproved or approved with modifications. Within seven days the Planning Board shall also file a copy of its findings in the office of the Town Clerk. The Planning Board's findings regarding a preliminary application shall expire six months from the date of approval if no application for final approval is submitted within such period, except where such time limit is extended by mutual consent of the applicant and the Planning Board.
[Amended 4-3-2019 by L.L. No. 1-2019]
Notification of nearby landowners. Notice of any public hearing shall be mailed by the Town of Fishkill mailed to surrounding property owners as required by Chapter 114 before said hearing is held. Notice shall also be mailed to the administrator of any state or federal park lands from which the proposed tower would be visible if constructed by the applicant. The cost of the public hearing notice mailing will be charged against the applicant's escrow account.
Final application procedure. Application for final approval shall follow the same procedures as outlined in this section, except that the Planning Board may waive a second public hearing if a hearing was held at the preliminary stage and may waive other procedural matters and requirements which it deems unnecessary at this stage. In any event, the notification procedure outlined in this section for preliminary application shall be followed by the Planning Board for final site plan approval, approval with modifications or disapproval, along with reasons therefor.
Inspection fee. As a condition of approval under this article an inspection fee in an amount determined necessary by the Town Engineer, but not in excess of 7% of the estimated cost of constructing all private roads, sidewalks, water supply, sewerage and storm drainage systems, grading, landscaping and all other site improvements, not including building construction, shall be paid to the Town of Fishkill. Such fee shall be used to cover costs incurred by the Town in conducting inspections of such development as it progresses, and upon completion.
Any final site plan approval granted by the Planning Board shall lapse should a request for a building permit not be made by the applicant or successors in interest of the applicant within one year of the date of the Planning Board's final site development plan approval. However, for all final site development plan approvals issued by the Planning Board after January 1, 1988, it shall be authorized, upon application by the applicant or successors in interest of the applicant, to vary the effect of the one-year lapsing provision for good cause shown. All such applications shall be referred, in writing, by the Planning Board to the Town Board for its review and recommendations, based upon the following factors: the extent to which the applicant or the applicant's successors in interest have contributed, are committed to contribute or propose to contribute financially to the public water, sewer, drainage or other infrastructure improvements of the Town of Fishkill, to the benefit of the public at large; the extent to which reapplication for the renewed site development plan approval would constitute an undue and unnecessary burden upon the public boards, officers and employees of the Town of Fishkill; and the extent to which the applicant or the applicant's successors in interest possess the means and abilities to follow through with development of the approved final site plan within a reasonable time. The Planning Board shall give significant weight to the recommended findings of the Town Board, most particularly where the applicant or the applicant's successors in interest fulfill the infrastructure contribution standards set forth hereinabove. In no event shall the Planning Board, either retrospectively or prospectively, extend the time of an applicant or the applicant's successors in interest for filing of a request for a building permit beyond three years of the date of the final site development plan approval.
In acting on any proposed site plan of development, the Planning Board shall take into consideration the provisions of the Town Comprehensive Plan adopted by said Board and the Official Map as it may be adopted by the Town Board. The Planning Board shall also consider the proposed location of main and accessory buildings on the site and their relation to one another, traffic circulation within the site, height and bulk of buildings, provision of off-street parking space, provision of buffer areas and other open spaces on the site and display of signs, so that any development will adequately handle pedestrian and vehicular traffic within the site in relation to the street system adjoining and will harmoniously and satisfactorily fit in with contiguous land and buildings and adjacent neighborhoods. In addition, the Planning Board shall consider the factors of architectural design as it relates to the character of the site and the community, existing and proposed landscaping plans, drainage, road alignment, sewage and waste disposal, air and water pollution and other environmental, aesthetic and engineering aspects of such site plan. The Planning Board may require the review of such factors by authorities appointed by the Town and at the cost of the applicant or developer, and the Planning Board may establish additional requirements based upon this review.
See the provisions of Chapter 150, Article XV, Complete Streets. All applications and plans submitted to the Planning Board shall comply with the Town's Complete Streets policy and requirements.
See the provisions of Chapter 150, Article XVI, Design Guidelines. All applications and plans submitted to the Planning Board shall comply with the Town's design guidelines and requirements. The Dutchess County Greenway Guides, § 150-2, shall be considered by the Planning Board in its review, especially Sections B, C, D and E, and shall utilize the guidelines as appropriate where the Board has discretion.