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.
A.
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:
(1)
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;
(2)
The proposed location, use and design of all buildings and structures;
any proposed division of buildings into units of separate occupancy;
(3)
Existing topography and proposed grade elevations;
(4)
The location for the placement of any construction trailer and any
screening of same;
(5)
The location of all parking and truck loading areas, with access
and egress drives thereto;
(6)
The location of any outdoor storage;
(7)
The location of all existing and proposed site improvements, including
drains, culverts, retaining walls and fences;
(8)
A description of method of water supply and sewage disposal and location
of such facilities;
(9)
The location and size of all signs;
(10)
The location and design of lighting, power and communication
facilities;
(11)
The location of existing specimen vegetation and proposed landscaping;
(12)
Any other pertinent information as may be necessary to determine
and provide for the proper enforcement of this chapter.
B.
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.
C.
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.
[Amended 4-3-2019 by L.L.
No. 1-2019; 7-14-2021 by L.L. No. 3-2021]
A.
Sketch plan review; preliminary application procedure.
(1)
Sketch
plan review. The sole purpose of sketch plan review is to review generally
and informally the proposed project, advise the applicant as to whether
it is reasonable to anticipate a positive response to a formal application,
and to highlight any concerns that may be readily apparent to the
Planning Board. No vote of approval or disapproval shall be taken
with respect to a sketch plan.
(2)
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.
B.
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. 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.
(1)
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.
C.
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.
D.
Performance
bond. As a condition of approval under this article the Planning Board
may require the posting of a performance bond with supporting security.
The purpose of the bond is to cover the cost of site improvements
required by the site plan approval including but not limited to grading,
erosion and sediment controls, landscaping, stormwater management
improvements, sidewalks, etc., but not including building construction.
The amount of such bond shall be based on an estimate submitted by
the applicant, reviewed, and approved by the Planning Board's engineer
and approved by the Town Board. The performance bond shall be in a
form acceptable to the Town Attorney, and the supporting security
shall be in the form of a cash deposit, the assignment of a bank account,
or the posting of a letter of credit.
E.
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.
F.
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.
A.
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 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.
