All special permit uses 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 § 150-110 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.
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.
All special permit uses are subject to site plan approval.
[Amended 4-3-2019 by L.L. No. 1-2019]
Application for required special 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. 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. 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 permit, provided that it finds that all of the following conditions and standards have been met:
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.
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.
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.
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.
A plan for the proposed development of a lot for a special permit use shall be submitted with an application for a site plan. The plan shall conform to the requirements of Article X Site Development Plan Review.
Upon receipt of a completed application for a special 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.
The Planning Board shall notify by mail all abutting landowners with respect to the application for a special permit use, in writing, in the same manner as set forth in § 150-97B(1) of this chapter.
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.
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 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.
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.
A special 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.