Town of Fishkill, NY Article XI Special Use Permits

[Amended 4-3-2019 by L.L. No. 1-2019; 7-14-2021 by L.L. No. 3-2021]

§ 150-105 General provisions.

A. All special use permits for which conformance to additional standards are required are considered to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in this article and such additional requirements as may be specified by the Planning Board according to the provisions of § 150-48 and the corresponding Schedules of Regulations and § 150-110 herein, in addition to all other requirements of this chapter. All such uses are declared to possess such unique, special and individual characteristics that each specific use shall be considered as an individual case.

B. 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.

C. All special use permits are subject to site plan approval.

§ 150-106 Application for special use permit.

Application for required special use permits with the exception of designed multiple-use development, Hudson River District development associated with abutting lands located in the City of Beacon Waterfront Development (WD) Zone and mobile home parks shall be made to the Zoning Administrator. The Zoning Administrator shall transmit each such application to the Planning Board as per § 150-48 and the corresponding Schedules of Regulations. A public hearing shall be conducted in conformance with the requirements of Chapter 114 of the Town of Fishkill Code, including all notification procedures and requirements. Within 45 days of the close of the public hearing, the Planning Board shall file with the Building Inspector a decision on said application. The Planning Board shall also file its decision with the Town Clerk and forward a copy of said decision to the applicant. 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 Planning Board may authorize the issuance of a special use permit, provided that it finds that all of the following conditions and standards have been met:

A. The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.

B. The location, nature and height of buildings, walls and fences, and the nature and extent of existing or proposed plantings on the site, are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings and will be compatible with the surrounding area.

C. Operations in connection with any special use will not be more objectionable to nearby properties by reason of noise, light, fumes, vibration or other characteristics than would be the operations of any permitted use not requiring a special permit.

D. Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.

E. The proposed use, structure design, and site layout comply with all the provisions of the Town of Fishkill Code and with the Town of Fishkill Comprehensive Plan.

F. The site layout, with proposed vehicular, bicycle and pedestrian access, traffic circulation, and parking and loading facilities, is sufficient for the proposed use and is safely designed for emergency vehicles.

G. The project includes sufficient landscaping and/or other forms of buffering to protect surrounding land uses. Existing vegetation is preserved to the extent practicable.

§ 150-107 Required plan.

A plan for the proposed development of a lot for a special use permit shall be submitted with an application for a site plan. The plan shall conform to the requirements of Article X Site Development Plan Review.

§ 150-108 Review by other agencies.

Upon receipt of a completed application for a special use permit, the Planning Board shall forward, where appropriate, one copy each to the Town Engineer, the Superintendent of Highways, the Town Conservation Board, the Dutchess County Soil and Water Conservation District and the Dutchess County Department of Health. In addition, copies shall be forwarded to the Dutchess County Planning Department when such proposed development abuts a state or county highway, park, drainage channel or building site, and to the clerk of any abutting municipality where the property proposed for such development is located within 500 feet of such municipality, and other agencies, such as the Hudson River Valley Commission or the New York State Department of Environmental Conservation, which may have jurisdiction, together with a request for review and report by said agency. Each agency may submit a report, including its recommendations, which report, if it is to be considered, should be returned to the Planning Board within 30 days of the date that such referral was submitted.

§ 150-109 Notice to abutting property owners.

The Planning Board shall provide public hearing notification about any application for a special use permit in accordance with the requirements of Code Chapter 114.

§ 150-110 Conditions and safeguards.

A. The Planning Board shall attach such conditions and safeguards to any approved use and development plan as are, in its opinion, necessary to ensure initial and continual conformance with all applicable standards and requirements.

B. 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 special use permit uses 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.

§ 150-111 Action by Building Inspector.

A. Upon receipt by the Building Inspector of the decision of the Planning Board, showing that conditions required by §§ 150-106 and 150-110 prevail, and upon compliance by the applicant with all applicable standards, requirements, conditions, safeguards and ordinances, the applicant shall, upon payment of any fees prescribed therefor, be entitled to a building permit or certificate of occupancy from the Building Inspector.

§ 150-112 Expiration of special use permit.

A special use permit shall be deemed to authorize only the particular use or uses specified in the permit, and, unless other provisions are set forth by the Planning Board in connection with its issuance of that permit, it shall expire if work is not initiated pursuant thereto within 12 months or if said use or uses shall cease for more than one year for any reason or if all required improvements are not completed within two years from the date of issue or if all such required improvements are not maintained and all conditions and standards are not complied with throughout the duration of the use.

§ 150-113 through § 150-116. (Reserved)