[Amended 9-8-1977 by L.L. No. 7-1977; 3-28-1985 by L.L. No. 4-1985]
Certain uses listed on the schedule of uses require a special permit. No such use shall be established, and no building permit therefor shall be issued until such special permit is granted by the appropriate reviewing agency as set forth in § 194-38A of this article. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
A.
Planning Board. Pursuant to Town Law § 274-b,
Subdivision 2, the Planning Board is hereby empowered to review special
permit applications, as provided in this chapter for the establishment
of the following uses:
B.
Zoning Board of Appeals. All other special permit
applications shall be reviewed by the Zoning Board of Appeals, except
that the Planning Board shall also have concurrent jurisdiction with
the Zoning Board of Appeals with respect to any special permit normally
granted by the Zoning Board of Appeals when the Planning Board has
before it either a site plan and/or subdivision application for which
they are conducting an approval process which also requires a Zoning
Board special permit. The issuance by the Planning Board of a special
permit under the jurisdiction of the Zoning Board of Appeals is specifically
limited to those occasions when the Planning Board has before it an
application for site development plan approval and/or subdivision
approval.
[Amended 12-18-2008 by L.L. No.
7-2008]
[Amended 12-11-1986 by L.L. No. 5-1986]
A.
Applications for a special permit shall be made on
forms provided by the appropriate reviewing agency. The application
must include an environmental assessment form and all necessary documentation
to comply with SEQR. No application shall be deemed complete until
a determination of no significance has been made or until a draft
EIS has been accepted by the lead agency as satisfactory with respect
to scope, content and adequacy.
B.
Fees. Application for a special permit shall be accompanied by an application fee as set by the Town Board. If the application requires a site plan approval, the applicable site plan fee shall also be submitted, pursuant to Article VII, Site Plan Approval. All fees are in addition to any required escrow. The fees for special permits may be modified from time to time by the Town Board by resolution.
[Amended 2-8-1996 by L.L. No. 3-1996; 6-14-2001 by L.L. No. 3-2001]
C.
Environmental review. These fees do not cover the
cost of environmental review. The applicant shall be responsible for
the total cost of environmental reviews that are determined to be
necessary to meet the requirements of the State Environmental Quality
Review Act.
[Amended 6-14-2001 by L.L. No. 3-2001]
A.
Within 62 days of receipt of a completed application, the approving agency shall hold a public hearing and give public notice thereof by publication in the official newspaper at least five days prior to the date of the hearing. Within 62 days of the close of such hearing, and subject to the requirements of SEQR and General Municipal Law §§ 239-l and 239-m, the reviewing agency shall approve, disapprove or approve with modifications and conditions the special permit application. Where the Zoning Board of Appeals is the reviewing agency, conditions may include Planning Board site plan approval under Article VII of the East Fishkill Zoning Code. The decision of the reviewing board shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.
B.
Agricultural data statement. If any portion of the
project is located on property within an agricultural district containing
a farm operation, or on property with boundaries within 500 feet of
a farm operation located in an agricultural district, the application
must include an agricultural data statement containing the name and
address of the applicant; a description of the proposed project and
its location; the name and address of any owner of land within the
agricultural district, which land contains farm operations and is
located within 500 feet of the boundary of the property upon which
the project is proposed; and a tax map or other map showing the site
of the proposed project relative to the location of farm operations
identified in the agricultural data statement.
C.
The reviewing agency shall consider plans for site
layout and design of the proposed use, containing elements relating
to parking, means of access, screening, signs, location and dimension
of buildings, impact of the proposed use on adjacent land uses, and
such other elements as may be reasonably related to the health, safety
and general welfare of the community.
D.
Where the reviewing agency is the Planning Board and
the use is also subject to site plan approval, the Planning Board
may concurrently review the special permit and site plan applications.
E.
Referrals. If the application includes an agricultural
data statement, the Board Clerk shall mail written notice of such
application, including a description of the proposed project and its
location, to the owners of land as identified by the applicant in
the statement. At least 10 days before the public hearing, the Board
shall mail notices thereof to the County Planning Agency, if required,
under General Municipal Law § 239-m, which notice shall
be accompanied by a full statement of such proposed action, as defined
in General Municipal Law § 239-m. All applications requiring
an agricultural data statement shall be referred to the County Planning
Department as required under General Municipal Law § 239-m.
F.
The time periods stated herein may be extended by
mutual consent of the applicant and the reviewing board.
G.
In the process of reviewing applications, the appropriate
reviewing agency shall have the authority to interpret the ordinance.
Plans for the proposed development of a site for a permitted special use shall be submitted with an application for a special permit, except for such exceptions specified herein. Such plans shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping and any other pertinent information that may be necessary to determine whether or not the proposed special use meets the requirements of this article. The reviewing Board may require such other information as it needs to evaluate the application under SEQR. All applications to the Planning Board for a special permit, which also require Planning Board site plan approval under Article VII, shall include plans that meet the requirements of that section. The application for a special permit shall be accompanied by a fee which shall be fixed from time to time by the Town Board by resolution.
A special permit shall be deemed to authorize
only the particular special use or uses permitted in any district
shall expire if:
A.
Construction and commencement. Construction has not
been commenced within one year, and has not been completed within
two years, of final special permit approval; if no construction is
involved, the use has not been commenced within one year of final
special permit approval.
B.
Cessation. The special use or uses shall cease for
more than 12 months for any reason.
No permit shall be issued for a special use
for a property where there is an existing violation of this chapter.
The appropriate reviewing agency shall issue
a special permit only upon a finding that each and all of the following
conditions are met:
A.
Impact on district. 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 shall be such that it will be in harmony with the appropriate and
orderly development of the district in which it is located.
B.
Adjacent properties. The location, nature and height
of buildings, walls and fences and the nature and extent of the landscaping
of the site shall be such that the use will not hinder or discourage
the appropriate development and use of adjacent land and buildings.
C.
Impacts on neighboring properties. Operations in connection
with the special use shall not cause more severe impacts to nearby
properties by reason of noise, fumes, odors, vibrations, flashing
lights or other operational characteristics than would the operations
of any permitted use not requiring a special use permit.
[Amended 6-14-2001 by L.L. No. 3-2001]
D.
Impact on surrounding properties. Neighborhood character
and surrounding property values shall be reasonably safeguarded. The
reviewing agency shall evaluate and consider the agricultural data
statement, if any, in its review of the possible impacts of the proposed
project upon the functioning of farm operations within the relevant
agricultural district.
[Amended 6-14-2001 by L.L. No. 3-2001]
E.
Traffic. The use shall not cause undue traffic congestion
or create a traffic hazard.
F.
Parking. Parking areas shall 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.
G.
Services. The use shall be appropriately located with
respect to transportation facilities, water supply, fire and police
protection, waste disposal and similar facilities.
H.
SEQR. All requirements of SEQR shall be met.
I.
Additional standards.
(1)
Special uses shall also be subject to all applicable
standards contained in the supplementary use regulations.
(2)
Special uses shall also be subject to any and all
applicable local, state or federal laws, codes, rules or regulations.
(3)
The standards set forth herein have been found to
be consistent with the guidelines set forth in Greenway Connections.
The appropriate reviewing agency, in its deliberations on any discretionary
actions under this chapter, shall consider the statement of policies,
principles and guidelines in Greenway Connections as the appropriate
reviewing Board deems appropriate and relevant in its deliberations
on such discretionary actions.
[Added 11-14-2002 by L.L. No. 1-2002]
In order to assist the appropriate reviewing
agency in reviewing a special permit application, such agency may
refer the matter to the Architectural and Historic District Advisory
Board for recommendation. Such recommendation shall be considered
advisory, and the final determination of the special permit application
shall be made by the appropriate reviewing agency.
[Amended 6-14-2001 by L.L. No. 3-2001]
The authorized Board shall have the authority
to impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed special use permit. Any
such conditions must be met in connection with the issuance of permits
by applicable enforcement agents or officers of the town.
[Added 11-14-2002 by L.L. No. 7-2002]
A.
Authority of the Town Board. Authorization is hereby granted to the Town Board, Town of East Fishkill, to permit accessory retail, professional office space, and/or personal services in cluster subdivision developments in excess of 100 acres, provided that the Board finds that the application meets all of the general conditions of Article IX and further meets all of the applicable conditions set forth in this section.
B.
Purpose. The purpose of this section is to serve the
needs of residents of large-scale cluster subdivisions, to avoid the
necessity of time spent traveling to larger shopping areas, and to
help decrease traffic to and from major shopping areas, thus serving
the public interest.
C.
Standards for special permit.
(1)
The accessory retail and/or personal services
building(s) shall not exceed a total of 10,000 square feet of gross
floor space. No more than 33% of the gross floor space shall be devoted
to professional office space. The total area of all buildings and
parking shall not exceed 1% of the total land area of the cluster
subdivision.
(2)
The facilities shall be appropriately sited
within the cluster to provide convenient accessibility to cluster
residents.
(3)
The facilities shall provide sufficient parking,
meeting the standards set forth in this chapter. The Town Board may
reduce the parking required by up to 20% upon a finding, in its discretion,
that such reduction is justified by factors such as other available
existing parking, or pedestrian/bicycle use.
(4)
The facilities shall be properly landscaped
and screened from adjoining residential uses.
(5)
The facilities shall comply with the bulk and
area requirements for lots in a cluster subdivision, except that the
Town Board may permit the front yard for commercial or retail space
to be reduced to a minimum of zero, provided that a minimum five-foot
landscaping strip with trees and a minimum five-foot wide sidewalk
is constructed between the road or parking area and the storefront.
[Added 10-28-2010 by L.L. No. 6-2010]
A.
Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit relief from the required number of parking spaces in all commercial and industrial zones by special permit, provided that the Board finds that the application meets all the general conditions of Article IX (Special Permits) and further meets all of the applicable conditions set forth in this section.
B.
Purposes for special permit for a change in parking space requirements: permit a change in the parking space requirements required by § 194-18, Off-Street Parking Schedule, to:
(1)
Permit flexibility of design and development in such a way as
to promote superior land planning design, greater efficiency and convenience
in the arrangement of land uses and their supporting infrastructure,
preserve open space, protect floodplains and other natural features
and otherwise encourage the most appropriate use of land.
(2)
Master Plan: promote a development pattern in harmony with the
objectives of the Town's Master Plan.
C.
Categories of parking special permits.
(1)
Categories.
(a)
Waived parking. A percentage of the number of off-street parking spaces required by § 194-18 of this Zoning Code for a use or uses in the nonresidential districts may be waived by special permit.
(b)
Land-banked parking. A percentage of the number of off-street parking spaces required by § 194-18 of this Zoning Code for a use or uses in the nonresidential districts may be land-banked by special permit.
(c)
Shared parking. A percentage of the number of off-street parking spaces required by § 194-18 of this Zoning Code for a use or uses in the nonresidential districts may be shared by special permit.
(d)
Pedestrian access. Any proposals submitted which, in the opinion
of the Planning Board, provide direct and vital pedestrian access
to other abutting commercial properties and serve to improve pedestrian
accessibility may reduce the number of parking spaces required by
15%. Pedestrian access shall be provided through improved pathways,
stairway access or other physical improvements, and such access shall
be clearly marked.
(2)
A special permit for parking may be granted for one of the categories
listed above or a combination of the categories, provided that the
application meets the minimum standards for the special permit and
any applicable criteria for the special permit category or categories.
D.
Special permit criteria.
(1)
The Planning Board, by special permit, may grant relief from the parking requirements required by § 194-18, Off-Street Parking Schedule, based on the following criteria and other applicable provisions presented in this subsection:
(a)
The capacity, location and current level of use of existing
parking facilities, both public and private;
(b)
The efficient and maximum use in terms of parking needs and
services provided by avoiding excess parking, poor site design, and
inefficient use of capital and resources;
(c)
The relief of traffic and parking congestion;
(d)
The safety of pedestrians;
(e)
The provision of reasonable access by walking distance;
(f)
The maintenance of the character of the area by reducing impervious
surfaces and allowing for larger landscaped areas;
(g)
The reduction of runoff and stormwater impacts;
(h)
The avoidance of impacts to environmentally sensitive lands.
(2)
Minimum standards for issuing a special permit for parking:
(a)
A special permit application for parking shall be submitted
to the Planning Board. The application shall indicate the category
or categories of parking relief requested.
(b)
The applicant must provide the Planning Board with a brief written report presenting the actual parking requirement per § 194-18, the proposed parking requirement alternative, and the percentage of the number of off-street parking spaces to be waived, land-banked, and/or shared. If pedestrian access is proposed, the report shall describe how the proposed pedestrian access would improve pedestrian accessibility and reduce the number of parking spaces required. The report should also include a statement describing why the proposed parking relief is warranted, including how the parking relief would provide a direct benefit to the Town.
(c)
The Planning Board may require the applicant to submit a parking
study demonstrating the parking demand for the proposed use based
on data from the Institute of Traffic Engineers (ITE), field data
and other appropriate source material. The scope or detail of such
reports or studies shall be determined by the Planning Board. Such
reports or studies shall be paid for by the applicant. In its decision,
the Planning Board may also require the applicant to provide a parking
survey within a year of receipt of the certificate of occupancy to
demonstrate that the number of parking spaces provided is sufficient
for the site and that the reduction in parking is not adversely affecting
the traffic, safety and welfare of the residents of the Town of East
Fishkill.
(d)
Special permits granted for providing pedestrian access shall not
reduce the number of parking spaces required by more than 15% of the
total required parking for the site. No more than 50% of the total
number of required parking spaces serving a use may be waived, granted
for pedestrian access, land-banked, and/or shared.
(e)
A site plan showing existing conditions and the proposed parking including all proposed land-banked parking, and shared parking areas. Special permit applications for providing pedestrian access shall provide a site plan showing existing conditions and all proposed pedestrian improvements, including sidewalks, pathways, stairway access or other physical improvements. All applications for land-banked parking and any other applications where the Planning Board deems it a necessary condition of approval, will be required to provide a site plan proving to the satisfaction of the Planning Board that the site could accommodate the number of parking spaces required per § 194-18 within the confines of the lot itself and serving such lot.
(f)
The Planning Board may also, during its review of an application,
request such other and further information as it finds necessary to
make a thorough evaluation of the applicant's proposal.
(3)
Additional conditions for shared parking special permits. Shared
private parking facilities for different buildings or uses are subject
to the following additional provisions:
(a)
In the written report described in the standards of § 194-46.2D(2)(b) above, the applicant must also demonstrate that the two land uses have differing peak hours (or days or seasons) of parking demand and that the total parking demand at any one time would be adequately served by the total number of parking spaces provided. The scope or detail of such reports or studies, which may require data from the Institute of Traffic Engineers (ITE), field data and other appropriate source material shall be determined by the Planning Board. Such reports or studies shall be paid for by the applicant.
(b)
No more than 50% of the parking spaces serving a building may
be used jointly for other uses which are not normally open or operated
during similar hours.
(c)
Agreements for construction and maintenance. A written agreement
acceptable to the Planning Board defining the joint use, maintenance,
and construction of the common parking facility shall be executed
by all parties concerned and approved by the Planning Board as part
of the special permit process. Such agreement shall be recorded as
a deed restriction.
(d)
The applicant may be asked to provide a site plan proving to the satisfaction of the Planning Board that the site could accommodate the number of parking spaces required per § 194-18 within the confines of the lot itself and serving such lot.
(e)
Any subsequent change in land uses for which the special permit
was approved and which results in the need for additional parking
spaces shall require a new special permit application under this section.
[Added 5-26-2011 by L.L. No. 4-2011]
A.
Purpose. The purpose of this section is to allow the recycling and
processing of compost and uncontaminated solid waste resulting from
land clearing and blacktop removal including asphalt, natural wood
materials, bricks, concrete and other masonry products, as well as
topsoil screening.
B.
Standards.
(1)
Limitations on contractor's yards/contractor's recycling yards.
No person shall operate any contractor's yard/contractor's recycling
yard without a special permit from the Planning Board or Building
Inspector, as applicable. The following materials can be temporarily
stored, processed, handled, and/or screened at contractor's yards/contractor's
recycling yards: compost; land clearing debris; blacktop/asphalt;
natural wood materials; bricks, concrete and other masonry products;
and topsoil.
(2)
Compliance with applicable law:
(a)
Prior to issuance of the special permit, the applicant shall
have complied with all applicable federal, state, county or local
requirements, rules or regulations as they relate to the storage,
processing, handling or screening of the following materials: compost;
land clearing debris; blacktop/asphalt; natural wood materials; bricks,
concrete and other masonry products; and topsoil. If a contractor's
yard/contractor's recycling yard is required to create an improvement
or structure to meet a future applicable law, the Planning Board shall
have the authority to modify the conditions of the special permit
herein if it is determined that these standards are in conflict with
any applicable federal, state, county or local requirements, rules,
or regulations as they relate to the storage, processing, handling
or screening of the following materials: compost; land clearing debris;
blacktop/asphalt; natural wood materials; bricks, concrete and other
masonry products; and topsoil.
(b)
Applications for a special permit must specify the materials
that will be stored, processed, handled or screened at the site, their
location on the site, and the maximum amount of time that these materials
will be stored.
(3)
Location. Contractor's yards/contractor's recycling yards shall
be permitted only within industrial districts (I-1 and I-3). The property
shall have at least 100 feet of road frontage.
(4)
Minimum lot size. The minimum lot size shall be 10 acres for
the operation of a contractor's yard/contractor's recycling yard.
Facilities should be confined to the smallest practical area.
(5)
Setbacks.
(b)
Buildings not used for the stated purpose of this special permit
(i.e., accessory office building) would be required to meet the setbacks
requirements of the applicable industrial district.
(c)
No buildings, structures, parking areas, or outdoor storage
areas used as part of a contractor's yard/contractor's recycling yard
legally established before the effective date of this chapter and
nonconforming as to setbacks shall be required to conform therewith.
(d)
Wetlands & Water bodies shall have a buffer of at least
100 feet or such greater buffer, as the authority under whose jurisdiction
the wetland or water body is governed, shall determine.
(6)
Setbacks, buffering and screening. The contractor's yard/contractor's
recycling yard, including structures, buildings, parking areas, and
outdoor storage areas shall be screened from any surrounding uses
as required by the Planning Board. At a minimum, 50 feet of the outside
perimeter of the setback area shall be vegetated or landscaped unless
the Planning Board determines a smaller or larger vegetated or landscaped
area would be appropriate. The type of screening shall be at the discretion
of the Planning Board, based on consideration of protecting surrounding
uses, minimizing noise, odor, and adverse aesthetic impact.
[Amended 10-25-2012 by L.L. No. 8-2012]
(7)
Unloading and loading areas. Unloading and loading areas shall
be adequate in size to facilitate efficient unloading from the collection
vehicles and the unobstructed movement of vehicles.
(8)
Inspection. Procedures shall be in place to inspect all materials
upon arrival at the facility to ensure that they are appropriate to
the permitted operation and to ensure that deliveries of materials
that cannot be safely handled and processed at the facility are not
accepted.
(9)
Disposal of materials. No materials shall be disposed of into
the ground, air, or into any water bodies except pursuant to applicable
permits and approvals issued by federal, state, and county health
and environmental agencies.
(10)
Facility management. All reasonable measures shall be employed
to collect, properly contain, and dispose of all materials and leachate,
including frequent policing of the area. The facility shall be managed
in such a manner that noise, dust and odors do not constitute a hazard
to human health. The facility shall be managed in such a manner that
the attraction, breeding and emergence of birds, insects, rodents
and other vectors do not constitute a health hazard.
(11)
Observing provisions. The facility shall comply with all applicable provisions of this chapter, including § 194-48, Obnoxious uses. The facility shall not be operated before 7:00 a.m. or after 7:00 p.m. during the week and before 9:00 a.m. and after 5:00 p.m. on Saturday.
(12)
Security fencing. All contractor's yards/contractor's recycling
yards shall be required to install security fencing around the entire
facility to prevent unauthorized entry or dumping at the site.
(13)
Termination of special permit. A special permit shall terminate
and become ineffective upon the occurrence of any of the following:
(a)
The sale or transfer of the premises for which the special permit
was granted. Exception: Special permits that have been reviewed, approved,
and reissued under the name of the new owner/applicant by the Planning
Board.
(b)
The transfer, or attempted transfer, of the special permit to
anyone other than the original permit holder without Planning Board
approval.
(c)
The failure of the permit holder to strictly comply with all
conditions imposed by the Planning Board at the time the special permit
was granted.
(d)
Any enlargement, modification, or alteration in the use for
which the special permit was initially granted.
(14)
Noise and dust abatement. The site plan shall incorporate appropriate
noise and dust abatement controls as the Planning Board shall determine.
(15)
Storage of materials. Any materials stored for longer than six
months must be contained within closed, weatherproof containers or
structures, including mobile recycling collection units. The locations
of these containers or structures must be shown and approved as part
of the site plan application when the special permit is granted.
(16)
Extension for temporary storage. The Building Inspector may
allow a stockpile to remain on a site beyond six months during a calendar
year. The Building Inspector has the discretion to fix the amount
of time beyond six months during which the temporary storage would
be allowed. In considering the granting of an extension for temporary
storage, the Building Inspector must consider:
(a)
Whether the applicant has shown sufficient cause that warrants
the additional time period;
(b)
Whether the materials being stored are visible to surrounding
properties; and
(c)
Whether there are health, welfare or safety concerns implicated
in the request. The Building Inspector may attach conditions to the
extension as he or she believes appropriate.
(17)
Additional conditions. The Planning Board may, in its discretion,
establish additional conditions that it deems necessary and appropriate,
based upon circumstances that exist at the time of the granting of
the special permit.
[Added 5-26-2011 by L.L. No. 5-2011]
A.
Purpose. Solid waste management and recyclables handling and recovery facilities are essential to public health and safety and the continued development of the economy of the Town as well as the general welfare of its citizens. It is the intent of this section to allow the Planning Board the authority to permit solid waste management facilities and recyclables handling and recovery facilities, provided the Planning Board finds that the application meets all the general conditions of Article IX (special permits) and further meets all of the applicable conditions set forth in this section. This permit will apply in the I-1 and I-3 Zones.
B.
Standards. Solid waste management facilities and recyclables handling
and recovery facilities are permitted subject to the limitations herein:
(1)
Limitations on solid waste management and recyclables handling
and recovery facilities. No person shall operate any solid waste management
facility or recyclables handling and recovery facility without a special
permit from the Planning Board or Building Inspector, as applicable.
All definitions related to solid waste management facilities and recyclables
handling and recovery facilities shall be provided in the regulations
of the New York State Department of Environmental Conservation (NYSDEC)
6 NYCRR Part 360.
(2)
Compliance with applicable law.
(a)
Prior to issuance of the special permit, the applicant shall
have complied with all applicable federal, state, county or local
requirements, rules or regulations as they relate to a solid waste
management facility or recyclables handling and recovery facility.
In recognition of the periodic amendments in state, federal, and county
regulations, the Planning Board is authorized to approve modifications
to the special permit, and the site plan, to permit such changes to
solid waste management facilities and recyclables handling and recovery
facilities as may be required, from time to time, to comply with applicable
state and federal regulations, as well as county regulations, if any,
notwithstanding that any such changes may conflict with otherwise
applicable Town requirements. For any improvement or structure that
is reviewed and approved by NYSDEC, the Planning Board and Building
Inspector shall have the authority to issue the special permit.
(b)
Any solid waste management and recyclables handling and recovery
facilities legally existing at the time of the adoption of this section,
or any amendments thereto, shall without further action be issued
a special permit although such use or the improvements located as
part of such use do not conform to the other provisions of this section
or otherwise applicable provisions of the Zoning Code.
(c)
An as-built drawing stamped and signed by a professional engineer
and/or a licensed surveyor submitted to the Planning Board upon the
adoption of this section may be signed by the Chairperson of the Planning
Board and shall be deemed to be an approved site plan for all purposes.
(3)
Location. Solid waste management and recyclables handling and
recovery facilities shall be permitted only within industrial districts
(I-1 and I-3). The property shall have at least 200 feet of frontage
along a state road except any preexisting uses.
(4)
Minimum lot size.
(a)
The minimum lot size shall be 15 acres for the operation of
a solid waste management/recyclables handling and recovery facility.
Facilities should be confined to the smallest practical area. The
15-acre minimum may be in one lot or in an aggregation of contiguous
lots.
(b)
Expansion of a facility: There shall be no minimum required
lot size for parcels acquired for the purpose of expanding a solid
waste management facility and recyclables handling and recovery facility
existing at the time of the enactment of this chapter provided the
total aggregate area of the existing facility is equal to or greater
than 15 acres and the lots are contiguous to the existing facility.
Facilities shall be confined to the smallest practical area.
(5)
Setbacks.
(a)
The following setbacks shall apply to new facilities established
after the date of adoption:
(b)
Buildings not used for the stated purpose of this special permit
(i.e., accessory office building) would be required to meet the setbacks
requirements of the applicable industrial district.
(c)
No buildings, structures, parking areas, or outdoor storage
areas used as part of a solid waste management and recyclables handling
and recovery facility established before the effective date of this
chapter and nonconforming as to setbacks shall be required to conform
therewith.
(d)
Legally nonconforming uses granted permits hereunder must keep
all current setbacks or 50 feet, whichever is greater, with respect
to any additions or modifications.
(6)
Setbacks, buffering and screening. The solid waste management
and recyclables handling and recovery facilities, including structures,
buildings, parking areas, and outdoor storage areas shall be screened
from any surrounding uses as required by the Planning Board. At a
minimum, 50 feet of the outside perimeter of the setback area shall
be vegetated or landscaped unless the Planning Board determines a
smaller or larger vegetated or landscaped area would be appropriate.
The type of screening shall be at the discretion of the Planning Board,
based on consideration of protecting surrounding uses, minimizing
noise, odor, and adverse aesthetic impact.
[Amended 10-25-2012 by L.L. No. 8-2012]
(7)
Limitations. Only municipal solid waste, construction and demolition
debris and recyclables, excluding hazardous waste materials as defined
by the NYSDEC regulations, NYCRR Part 360, shall be accepted at solid
waste management and recyclables handling and recovery facilities.
Hazardous household waste as defined in NYSDEC 6 NYCRR Part 360, including
pesticides as defined in Environmental Conservation Law (ECL) Article
33 are prohibited. The owner operator of each facility must have a
control program to assure that only nonhazardous waste is accepted
at any facility.
(8)
Loading. Unloading and loading areas shall be adequate in size
to facilitate efficient unloading from the collection vehicles and
the unobstructed movement of vehicles.
(9)
Structures. All operations, including loading and unloading,
shall occur within fully enclosed buildings or other approved structures
with an impermeable floor system. Any leachate shall be collected
in an impermeable collection system and hauled offsite for disposal
as required by applicable laws. There shall be no outdoor storage
of hazardous or materials regulated under 6 NYCRR Part 360 in a manner
that could allow them to become airborne, leach into the ground, or
flow into any watercourse.
(10)
Environmental. All reasonable measures shall be employed to
collect, properly contain, and dispose of scattered litter and leachate,
including frequent policing of the area. The facility shall be managed
in such a manner that noise, dust and odors do not constitute a hazard
to human health. The facility shall be managed in such a manner that
the attraction, breeding and emergence of birds, insects, rodents
and other vectors do not constitute a health hazard. No materials
shall be disposed of into the ground, air, or into any water bodies
except pursuant to applicable permits and approvals issued by federal,
state, and county health and environmental agencies.
(11)
Screening. All solid waste management and recyclables handling
and recovery facilities shall be required to install security fencing
around the entire facility to prevent unauthorized entry or dumping
at the site.
(12)
Hours of operation. The facility shall comply with all applicable provisions of this chapter, including § 194-48, Obnoxious uses. The facility shall not be operated before 7:00 a.m. or after 7:00 p.m. during the week and before 9:00 a.m. and after 5:00 p.m. on Saturday. The starting and dispatching vehicles and maintenance and service of vehicles are excluded.
(13)
Noncompliance. If the use is operating in noncompliance, the
Code Enforcement Officer shall notify the special permit holder in
writing specifying the issues of noncompliance, and shall set forth
those procedures necessary to bring the use into compliance and shall
notify the Planning Board. All use of the special permit shall be
suspended unless corrective action has been completed within the permit
expiration time frame and the permit holder requesting a reinspection
has notified the property owner. The permit use shall remain suspended
until the Planning Board receives compliance verification. The permit
holder is responsible for all corrective action necessary to bring
the permit into compliance and for scheduling a reinspection with
the Code Enforcement Officer. Failure to take corrective action within
the permit expiration time frame will result in revocation of the
permit.
(14)
Transfer and termination. A special permit shall terminate and
become ineffective upon the occurrence of any of the following:
(a)
The sale or transfer of the premises for which the special permit
was granted, unless the special permit has been reviewed, approved,
and reissued under the name of the new owner/applicant by the Planning
Board.
(b)
The transfer, or attempted transfer, of the special permit to
anyone other than the original permit holder without Planning Board
approval.
(c)
The failure of the permit holder to strictly comply with all
conditions imposed by the Planning Board at the time the special permit
was granted, without Planning Board approval.
(d)
Any enlargement, modification, or alteration in the use for
which the special permit was initially granted.
(15)
Noise and dust abatement. Appropriate noise and dust abatement
steps must be integrated into all site plans.
(16)
Miscellaneous. The Planning Board may, at its discretion, establish
additional conditions that it deems necessary and appropriate, based
upon circumstances that exist at the time of the granting of the special
permit.
[Added 3-22-2012 by L.L. No. 1-2012]
The Town Board may, by special permit, allow for the waiver
of the requirements of set-back side yards and frontage on a public
road when, as part of a dedication of a conservation easement to preserve
a farm of 100 acres or more, a property owner wishes to continue the
use of five or less units of housing on said property, subject to
the terms and conditions herein:
A.
The property shall be subject to a conservation easement forever
preserving 100 or more acres of the parcel as open space and for farm
uses.
B.
The residences to be constructed or remaining shall be connected
to a public road by virtue of a driveway which shall have a maintenance
agreement and shared responsibilities clearly set forth in a recorded
document as well as to be constructed to the satisfaction of the Town
Engineer.
C.
The area of the subject parcels shall meet the minimum required in
the zoning district in which the property lies.
D.
No structure on said parcel shall come within 30 feet of any adjoining
property line, either existed or to be created.
E.
The driveway servicing said property shall be made part of a maintenance
agreement to provide for the joint maintenance of said roadway and
further, to clearly specify and provide that said road is meant to
be a private road and in no way is offered to the municipality.
F.
The road right-of-way shall be a minimum of 25 feet from the public
road to the property lines, and the bed of said road shall be included
within the fee ownership of one of the lots. It shall not be made
into a separate land parcel.
[Added 9-25-2014 by L.L. No. 3-2014]
A.
Purpose.
(1)
To expand recreational opportunities in the Town and throughout
the region and provide a community recreational resource for young
people and their families as well as add to the quality of life of
the Town by providing the opportunity for year-round participation
in sports such as soccer, lacrosse, basketball and baseball. To promote
the health and wellness of the Town of East Fishkill by providing
a recreational facility that would offer year-round recreational opportunities
for residents and would help support national and state initiatives
encouraging regular physical activity for children and adults. To
support and promote economic opportunities for local businesses by
providing a regional destination/resource that will attract users
from outside the community to the Town's commercial districts.
(2)
It is the purpose of this section to promote recreational and economic opportunities in the Town by allowing the Town Board the authority to permit a recreational indoor sports dome facility that would also provide a community benefit by allowing Town residents use of designated facilities for recreation as well as a place for large scale assembly. The facility shall be located along a state road in an Industrial District, provided the Town Board finds that the application meets all the general conditions of Article IX, Special Permits, and further meets all of the applicable conditions set forth in this section.
B.
Standards.
(1)
Limitations on recreational indoor sports dome facility. No
person shall operate any recreational indoor sports dome facility
without a special permit from the Town Board or as applicable.
(2)
Compliance with applicable law. Prior to issuance of the special
permit, the applicant shall have complied with all applicable local
requirements, rules or regulations as they relate to the construction
and operation of an indoor sports dome.
(3)
Permissible accessory uses. Recreational indoor sports dome
facility uses may be accompanied by customary accessory uses, incidental
to the primary use. Permissible activities must be clearly subordinate
to and accessory to the primary indoor recreational use. Permissible
indoor activities may include restaurants, snack bar facilities, meeting
and assembly rooms, offices, personal service shops, game room, video
computer and photographic facilities, sales of sport or exercise-related
equipment or clothing, gym, restrooms, batting cages, bleacher viewing
areas, observation deck. Permissible outdoor uses and activities,
may include athletic fields; food, beverage, and sports-related services;
basketball courts; tennis courts; dugouts; pavilions; bleachers and/or
sitting areas; and batting cages.
(4)
Standards.
(a)
Location. A recreational indoor sports dome facility shall be
permitted only within the Industrial District (I-1). The property
shall have at least 500 feet of frontage along a state highway and
be located within one mile of Interstate I-84 measured as straight
line distance from the property line.
(b)
Minimum lot size. The minimum lot size shall be 25 acres for
the operation of a recreational indoor sports dome facility. Facilities
should be confined to the smallest practical area.
(c)
Maximum height. The maximum height of the proposed indoor sports
dome facility shall not exceed 160 feet. Maximum height is measured
from the center of roof to floor beneath it.
(e)
Setbacks. The following setbacks shall apply:
[2]
Setbacks for accessory structures. No structures
shall be closer than 100 feet to the front property line, 10 feet
to the rear property line, or 10 feet to a side line. Where an outdoor
recreation development abuts a residential zone, the minimum accessory
structure setback shall be:
(f)
Parking requirement. One space for every 500 square feet of
indoor recreational space or such number as the Town Board determines
appropriate. All parking spaces must be a minimum of nine feet by
18 feet in size. Safe and appropriate pedestrian access and lighting
must be provided to all parking areas serving the indoor sports dome
facility.
(g)
Setback and landscape buffer parking.
[1]
All parking facilities shall meet the minimum parking setback and landscaping requirements of § 194-116 of the East Fishkill Code.
[2]
Buffer area facing residential property lines.
A landscape buffer shall be provided of not less than twenty-five-foot
depth along any lot line abutting or directly across the street from
a lot in a residential district. The Town Board may require the amount
and depth of the landscaping to be increased to ensure adequate buffering
from any visual and noise impacts associated with outdoor recreational
uses.
[3]
The recreational indoor sports dome facility, including
accessory structures, buildings, parking areas, and outdoor storage
areas, shall be screened from any surrounding uses as required by
the Town Board. At a minimum, 50 feet of the front yard setback shall
be vegetated unless the Town Board determines a smaller or larger
vegetated area would be appropriate. The type of screening shall be
at the discretion of the Town Board, based on consideration of protecting
surrounding uses by minimizing potential visual and noise impacts.
(h)
The owner shall enter into a written agreement with the Town
regarding the use of the indoor sports facility. The agreement shall
specify the community benefits that shall be provided to Town residents
for recreation as well as large scale assembly.
(5)
Fencing. Active recreational facilities such as ballfields and
batting cages shall be fenced in a manner sufficient to meet applicable
standards regulating such uses, and subject to the review and approval
of the Town Board relative to location, type, color, height and width
of such fencing.
(6)
Fees. For application fee purposes, the interior field/turf
area will be calculated at the same rate as other site plans, except
any interior field/turf areas will be calculated at the rate of $75
per 1,000 square feet or such other amount as set by the Town Board.
(7)
Additional conditions. The Town Board may, in its discretion,
establish additional conditions that it deems necessary and appropriate,
based upon circumstances that exist at the time of the granting of
the special permit, including the prohibition of certain uses.
[Added 10-23-2014 by L.L. No. 4-2014]
A.
Purpose.
(1)
The economic redevelopment special permit (ERSP) was created
to allow for the redevelopment and revitalization of existing and
former industrial campuses (economic redevelopment areas) and provide
for greater flexibility of uses. The ERSP recognizes that today's
industry looks a lot different than yesterday's manufacturing and
seeks to create a balance between the economic engines of the past
and present and those anticipated in the coming years. The goal of
the economic redevelopment special permit is to stimulate economic
development and increase the long-term economic health of the Town
of East Fishkill well into the 21st century. With new tools, the Town
of East Fishkill will be able to preserve existing businesses while
accommodating new types of businesses in the future.
(2)
It is the intent of this section to allow the Town Board the authority to permit the creative reuse of older industrial buildings as well as introduce a mix of uses in the I-1 District, including manufacturing, industrial, light industrial, commercial, retail, restaurants, institutional, medical, hospital centers, recreation, and hotels, provided the Planning Board finds that the application meets all the general conditions of Article IX, Special Permits, and further meets all of the applicable conditions set forth in this section.
B.
ECONOMIC REDEVELOPMENT AREA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any industrial campus or former industrial campus within
an I-1 District previously approved and developed as one site with
continuing shared access and utilities located within one mile of
Interstate I-84 measured as straight line distance from the property
line.
C.
Standards.
(1)
Compliance with applicable law. Prior to issuance of the economic
redevelopment special permit, the applicant shall have complied with
all applicable local requirements, rules or regulations as set forth
below.
(2)
Standards.
(a)
Location. An economic redevelopment special permit (ERSP) shall
be permitted only within the I-1 Industrial District. The property
must be located within one mile of Interstate I-84 measured as straight
line distance from the property line.
(b)
Permitted uses:
[1]
Any use permitted in the I-1 Zone.
[2]
[3]
Medical uses.
[a]
Medical offices.
[b]
Hospital centers/health and medical facilities
including:
[i]
Hospitals or clinics for humans.
[ii]
Administrative uses that are incidental to hospital
operations.
[iii]
Medical groups.
[iv]
Medical offices.
[v]
Medical education facilities.
[vi]
Extended-care facilities, assisted living, and
nursing homes.
[vii]
Pharmacies and medical supply stores.
[viii]
Customary accessory buildings and uses incidental
to a hospital; provided, however, that said accessory buildings are
arranged, designed, and intended for incidental use.
[ix]
Dwellings owned and operated by the hospital or
wholly owned affiliate thereof, which shall be utilized for one or
more of the following:
[A]
For persons employed by or on the staff of such
hospital and principal uses, including nurses, students, interns,
resident physicians, researchers and other personnel and their immediate
families.
[4]
Other uses.
[a]
Off-street parking and loading, including public
and private parking lots in accordance with the provisions of this
chapter.
[b]
Parking structures serving permitted uses.
[c]
Solar arrays.
[d]
Utilities and services, minor.
[e]
Utilities and services, major.
[f]
Any other use permitted by the Town Board that
meets the purpose and intent of the economic redevelopment special
permit.
(c)
Permitted customary accessory uses: any accessory use that is
customary and incidental to a permitted use.
(d)
Planning Board referral. ERSP applications shall be referred
to the Planning Board for advisory comment.
(e)
Sewer/water connection. All ERSP applications are required to
connect to central sewer and water.
(f)
Bulk standards. Unless otherwise specified here, if a site meets
the eligibility requirements set forth in this special permit, then
all determinations relating to lot coverage and building coverage
for any lot or lots subject to a special permit review hereunder shall
be made treating the entire site as a single unit; provided, however,
that access and infrastructure shall be shared by any lot approved
under this special permit. The Town Board, based on consideration
of achieving superior site design and efficiency and protecting surrounding
uses, has the discretion to apply alternative bulk standards, where
appropriate.
[1]
Lot coverage. The lot coverage shall not exceed
65% of the site.
[2]
Building coverage. Buildings shall not cover more
than 75% of the total area of the lot.
[3]
Minimum lot size. The minimum lot size shall be
five acres.
[4]
Maximum height. The maximum height shall be 80
feet (not including utilities and mechanicals).
[5]
Setbacks. With due consideration of the type of
use, the Town Board has the discretion to apply alternative setbacks
where appropriate to achieve superior site design and efficiency for
light industrial and commercial uses.
[a]
Front: 25 feet except for 100 feet shall be applied
for any industrial or manufacturing use.
[b]
Rear: 50 feet except for any nonindustrial use
abutting an industrial or manufacturing use must be set back a minimum
of 100 feet.
[c]
Side: 100 feet for any industrial or manufacturing
use abutting a residential use; 50 feet for any commercial use abutting
an industrial or manufacturing use unless otherwise specified by the
Town Board.
(g)
Parking. In evaluation of off-street parking needs, the Town
Board may consider user-defined parameters in lieu of the standards
in the supplementary off-street parking regulations, provided adequate
documentation is provided by the applicant in support of such parameters.
All parking analyses will be paid for by the applicant and shall be
reviewed by the Town Planner and Town Traffic Consultant.
(h)
Reciprocal easements and agreements that address common access,
shared parking, and stormwater systems and utilities shall be developed
to ensure the future operation and maintenance of the infrastructure
servicing any lot or lots approved under this special permit.
(i)
Buffers. All uses and accessory structures, buildings, parking
areas, and outdoor storage areas shall be screened from any surrounding
uses as required by the Town Board, including fencing, stonewalls,
landscaping. At a minimum, 25 feet of the outside perimeter of the
campus shall be vegetated unless the Town Board determines a smaller
or larger vegetated area would be appropriate. The type of screening
shall be at the discretion of the Town Board, based on consideration
of protecting surrounding uses by minimizing potential visual, noise
and odor impacts.
D.
Additional conditions. The Town Board may, in its discretion, establish
additional conditions that it deems necessary and appropriate, based
upon circumstances that exist at the time of the granting of the special
permit, including the prohibition of certain uses.
[Added 8-26-2016 by L.L.
No. 3-2016]
A.
Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit transitional business uses in the Hopewell Hamlet by special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
B.
Purposes.
(1)
Permit limited commercial uses on residential parcels that abut an
industrial zone (I-1, I-2, or I-3) to provide for a better transition
between industrially and residentially zoned properties.
(2)
Master Plan. Promote a development pattern in harmony with the objectives
of the town's Master Plan.
C.
Eligible
uses. The following commercial uses are allowed:
(1)
Professional offices or other office uses.
D.
Permissible
accessory uses. Residential uses are permitted above ground floor
commercial uses.
E.
Standards.
(1)
Special permit applies to residentially zoned property within the
Hopewell Hamlet abutting an industrial zone.
(2)
Off-street parking. Parking shall be provided as follows:
(b)
Parking relief. The Planning Board may grant relief from the parking
requirements listed above provided the applicant can demonstrate the
parking provided is sufficient for the site and shall not adversely
affect the traffic, safety and welfare of the residents of the Town
of East Fishkill. The Planning Board may require the applicant to
submit a parking study demonstrating the parking demand for the proposed
use based on data from the Institute of Traffic Engineers (ITE), field
data and other appropriate source material. The scope or detail of
such reports or studies shall be determined by the Planning Board.
Such reports or studies shall be paid for by the applicant.
(3)
Additional conditions. The Planning Board may, in its discretion,
establish additional conditions that it deems necessary and appropriate,
based upon circumstances that exist at the time of the granting of
the special permit, including the prohibition of certain uses.
[Added 2-28-2019 by L.L.
No. 3-2019]
A.
Authority of Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to approve the Hopewell Hamlet and Route 52 corridor revitalization special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
B.
Purpose.
(1)
The Hopewell Hamlet and Route 52 corridor revitalization special
permit was created to support the development and revitalization of
the Town's two main commercial corridors by permitting mixed-use development.
(2)
It is the intent of this section to allow the Planning Board
the authority to:
(a)
Accommodate mixed-use buildings with neighborhood-serving retail,
service, and other nonresidential permitted B-1 uses on the ground
floor and residential units above the nonresidential space.
(b)
Accommodate mixed-use parcels with a combination of permitted
B-1 nonresidential uses and residential uses on the same lot where
at least 50% of the uses on the parcel are nonresidential.
C.
MIXED-USE BUILDING
MIXED-USE PARCEL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A building in which at least half (50%) of the ground floor
square footage facing the street is used for retail or restaurant
uses, and other ground-floor and upper-floor space is used for other
commercial uses or multifamily dwelling units.
A combination of residential and nonresidential uses on the
same lot where at least 25% of the uses on the mixed-use parcel are
nonresidential.
D.
Standards.
(1)
Compliance with applicable law. Prior to issuance of the Hopewell
Hamlet and Route 52 revitalization special permit, the applicant shall
have complied with all applicable local requirements, rules or regulations
as set forth below.
(2)
Standards.
(a)
Location. The Hopewell Hamlet and Route 52 corridor revitalization
special permit shall only be approved for the following properties:
[1]
Hopewell Hamlet area: Properties fronting Route
82 within the Hopewell Hamlet between Trinka Lane and Orchard Place
and properties fronting Route 376 in the Hopewell Hamlet between Fishkill
Road and Unity Street.
[2]
Route 52: Properties located within the business
districts with a minimum of 200 feet of frontage along the Route 52
corridor between Lime Kiln Road and the west side of Corporate Park
Drive.
(b)
Sewer/water connection. All applications are required to connect
to central sewer and water.
(c)
Building height and floor-to-floor heights. Building height
shall be measured in number of stories excluding attics. The maximum
building height shall be three stories. Stories may not exceed 14
feet in height from finished floor to finished ceiling, except for
a first floor commercial function, which must be a minimum of 11 feet
with a maximum of 25 feet.
(d)
Building setbacks and lot and building coverage.
[1]
Front: The minimum front yard setback, at the discretion
of the Planning Board, may be reduced to zero feet, provided that
the minimum sidewalk width from the curb to the building facade shall
be a minimum of eight feet, inclusive of any street tree or planting
row. In no case shall the sidewalk width be less than five feet.
[2]
Rear: The minimum rear setback is 15 feet, except
for parcels abutting a residential district, which require 20 feet.
[3]
Side: The minimum side yard setback is five feet,
except where a business district abuts a residential district, there
shall be a minimum side yard of 20 feet in the business district abutting
the residential district.
[4]
Lot coverage maximum: none.
[5]
Building coverage: 80% maximum.
(e)
Parking. Parking shall be the same as required in the Off-Street Parking schedule, Chapter 194, Attachment 4. Off-street parking spaces must be located to the rear or side of the principal building or otherwise screened so as to not be visible from public right-of-way. Shared parking, on-street parking, and the use of public parking lots are encouraged and may be used to meet parking requirements at the discretion of the Planning Board. Appropriate legal controls shall be required to ensure that shared parking is available during the existence of the use or building.
(f)
Requirements for mixed-use residential dwelling units.
[2]
Doors and entrances.
[a]
All mixed-use buildings must have a primary entrance
door facing a public sidewalk. Entrances at building corners may be
used to satisfy this requirement.
[b]
Mixed-use building entrances may include doors
to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented
plazas, or courtyard entrances to a cluster of shops or businesses.
[c]
Entrances to ground-floor dwelling units must be
located on the side or rear of the building, not from any side facing
the street, or the entrance to a residential use may be from a first-floor
lobby serving other uses in the building.
(g)
Site and building design. The following design standards shall
apply to all uses which require site plan approval. These standards
shall apply to new construction as well as alterations. The Planning
Board may waive these requirements for the alteration of existing
buildings where it determines that based on the unique characteristics
of the property, or in the interest of preserving an historic building,
a variation in these standards would achieve the intent of the Hopewell
Hamlet and Route 52 corridor revitalization special permit.
[1]
Building orientation: All new mixed-use buildings
shall be oriented to public streets. Building orientation is demonstrated
by placing buildings and their public entrances close to streets so
that pedestrians have a direct and convenient route from the street
sidewalk to building entrances. Off-street parking or vehicular circulation
shall not be placed between buildings and streets used to comply with
this standard.
[2]
Building frontage: A building with a width of 50
feet or wider along any street frontage shall be articulated, reducing
its apparent size. The mass of a building shall be broken up using
a variety of massing changes and/or architectural details, such as
changes in building height, divisions or breaks in materials, window
bays, separate entrances and entry treatments, variation in rooflines,
awnings, storefronts, changes in building height, and sections that
project or are recessed up to 10 feet. The Planning Board may waive
this requirement where it determines that the proposed use and building
design are consistent with the goals and objectives of the special
permit.
[3]
Differentiation between stories: Differentiation
shall be provided between ground-level spaces and upper stories. For
example, bays or balconies for upper levels, and awnings, canopies
or other similar treatments for lower levels, can provide differentiation.
Variation in building materials, trim, paint, ornamentation, windows,
or other features, such as public art, may also be used.
[4]
Well-maintained landscape areas and publicly accessible
green space shall be integrated into site plans whenever possible.
[5]
Mechanical equipment shall be located and operated
so as to minimize visual, auditory or other disruptive impacts on
the neighboring properties.
[6]
Opportunities for municipally controlled parking
and/or shared parking arrangements between private entities shall
be encouraged.
[7]
During site plan review, the Planning Board may
require vehicle or pedestrian interconnections between neighboring
properties in order to protect the safety of the public and to reduce
congestion.
[8]
Sidewalks are required along the primary street
frontages.
(h)
Architectural Review Board referral. Hopewell Hamlet and Route
52 corridor revitalization special permit applications shall be referred
to the Architectural Review Board.[1]
[1]
Editor's Note: Pursuant to L.L. No. 7-2019, adopted 7-25-2019,
the former Architectural Review Board is now known as the Architectural
Review Council.
(i)
The Zoning Board of Appeals shall have the authority to vary
the mixed-use requirements, but not less than 10%.
[Added 2-28-2019 by L.L.
No. 3-2019]
A.
Authority of Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to approve the Transitional Zone residential special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
B.
Purpose. The Transitional Zone residential special permit was created
to allow multifamily residential use by special permit within the
B1-A Transitional Business Zone to support the economic revitalization
of the Town's commercial zones, a mix of uses, and the development
of a broader range of housing types within the Town.
C.
Standards.
(1)
Compliance with applicable law. Prior to issuance of the Transitional
Zone residential special permit, the applicant shall have complied
with all applicable local requirements, rules or regulations as set
forth below.
(2)
Standards.
(a)
Location. Multifamily housing shall be permitted only within
the B1-A District and shall have at least 100 feet of road frontage
on state or county highways.
(b)
Sewer/water connection. All applications are required to connect
to central sewer and water.
(c)
Building height and floor-to-floor heights. Building height
shall be measured in number of stories excluding attics. The maximum
building height shall be three stories. Stories may not exceed 14
feet in height from finished floor to finished ceiling.
(d)
Density. Maximum of eight units per acre.
(f)
Off-street parking. Parking shall be the same as required in the Off-Street Parking Schedule, Chapter 194, Attachment 4.
(g)
Architectural Review Board referral. Transitional Zone residential
special permit applications shall be referred to the Architectural
Review Board.[1]
[1]
Editor's Note: Pursuant to L.L. No. 7-2019, adopted 7-25-2019,
the former Architectural Review Board is now known as the Architectural
Review Council.
(h)
A fee in lieu of land for recreation will be assessed on the
same basis as a subdivision per dwelling unit.
