It is the intention of the Village to guide
its future growth and development in accordance with a comprehensive
plan of land use and population density that represents the most beneficial
and convenient relationships among the residential, nonresidential
and public areas within the Village, considering the suitability of
each area for such uses, as indicated by existing conditions, trends
in population and mode of living and future requirements, considering
such conditions, trends and requirements both within the Village and
in relationship to areas outside thereof. It is the purpose of this
chapter to:
A.
Provide adequate light, air and privacy; secure safety
from fire and other danger; and prevent overcrowding of the land and
undue congestion of population.
B.
Protect the character and the social and economic
stability of all parts of the Village; encourage the orderly and beneficial
development of all parts of the Village; and protect and conserve
the value of land and buildings appropriate to the various districts
established by this chapter.
C.
Bring about the gradual conformity of the uses of
land and buildings throughout the Village through the comprehensive
chapter set forth herein and minimize conflicts among the uses of
land and buildings.
D.
Promote the most beneficial relationship between the
uses of land and buildings and the street system which serves these
uses, having particular regard to the potential amount and intensity
of such land and building uses in relationship to the traffic capacity
of the street system so as to avoid congestion in the streets and
to promote safe and convenient vehicular and pedestrian traffic movement
appropriate to the various uses of land and buildings throughout the
Village.
E.
Provide a guide for public action in the orderly and
efficient provision of public facilities and services, and for private
enterprise in building development, investment and other economic
activity relating to uses of land and buildings throughout the Village.
F.
Prevent the pollution of watercourses and wetlands;
avoid hazardous conditions and excessive damage resulting from stormwater
runoff and flooding; and encourage the appropriate use and sound management
of natural resources throughout the Village.
G.
Preserve the natural beauty of the physiography of
the Village; protect the Village against unsightly, obtrusive and
obnoxious land uses and operations; enhance the aesthetic aspect of
the natural and man-made elements of the Village; and ensure appropriate
development with regard to those elements.
[Amended 8-14-1989 by L.L. No. 2-1989]
A.
The Planning Board shall consist of five members,
appointed by the Village Board, who shall serve for terms of five
years. Any member of the Planning Board may be removed from office
by the Mayor for cause and after a public hearing.
[Amended 11-13-1995 by L.L. No. 3-1995]
B.
The term of each Planning Board member shall be defined
to begin on June 1 of the year of appointment and to end on May 31,
five years from the date of appointment. Only one term shall expire
in any calendar year. The members of the Planning Board in office
at the time of the adoption of this chapter shall be assigned by the
Village Board to the term which most closely matches the sequence
of planned expiration dates of their current terms, and they shall
continue in office for the term for which they have been appointed
and until their successors have been appointed as herein provided.
C.
In the event of a vacancy in office or the expiration
of a term of office, the Mayor shall appoint a successor, who shall
serve for the unexpired term of the member whose place has become
vacant.
[Amended 11-13-1995 by L.L. No. 3-1995]
D.
Planning Board members shall complete, within 12 months
of their appointment and at Village expense, approved courses in the
planning process and the State Environmental Quality Review (SEQR)
process. Subsequently, all Planning Board members shall complete a
formal training program or review of planning law and procedures,
at Village expense, at least once every two years. Records of all
such training shall be kept in the minutes of the Planning Board.
Failure to complete such courses shall constitute cause for dismissal
from the Planning Board.
[Amended 11-13-1995 by L.L. No. 3-1995]
The Mayor shall appoint the Chairman, who shall
conduct the affairs of the Board. In the absence of the Chairman,
the Planning Board may designate a member to serve as Chairman. The
Chairman may hire a Secretary for the Board, as needed. In the absence
of the Secretary, a Secretary may be selected from the members of
the Board. A Clerk-Treasurer will also be selected by the vote of
the Planning Board to handle the financial affairs of the Board and
to assist in managing the Planning Board's budget.
[Amended 11-13-1995 by L.L. No. 3-1995]
A.
The Planning Board shall have all the powers and duties
prescribed by law (including §§ 7-725-a and 7-725-b
of the Village Law), especially to ensure that the orderly growth
of the Village shall proceed according to the provisions of this chapter
and to the overall planning of the adjacent areas.
B.
Interpretation. In cases of dispute as to the intent of this chapter of the Village of Fishkill, the Zoning Board of Appeals shall determine the intent of the chapter as it applies to a given condition and place in accordance with § 171-147B of this chapter.
C.
Approval of site plans. The Planning Board shall have the authority to approve, approve with conditions or disapprove site plans submitted to the Board, subject to the requirements of Article X.
D.
Special use permits. The Planning Board shall have the authority to approve, approve subject to conditions or disapprove applications for any of the permitted special uses, subject to the requirements of Article VII. The Planning Board shall not have power to grant or consider variances from the requirements of this chapter, unless specifically authorized herein. Such authority is vested in the Board of Appeals as outlined in Article XIV of this chapter.
E.
Approval of subdivision plats. The Planning Board
shall have the authority to approve, approve with conditions or disapprove
subdivision plats submitted to the Board subject to the requirements
of the Subdivision Regulations adopted in conjunction with this chapter.[1]
F.
Mailing notice of public hearings to neighbors. At
least five days prior to a duly noticed public hearing, the applicant
shall send copies of the legal notice of public hearing by certified
mail (return receipt) to all property owners adjacent to the subject
premises, as such adjoining owners may appear upon the latest completed
assessment roll of the Village. Such notices shall be mailed to the
street address of the adjoining properties regardless of whether or
not the owner resides there, unless the Village has definite knowledge
of other addresses of absentee owners. Any of the foregoing to the
contrary notwithstanding, because of practical difficulties in determining
lot lines, title to property and the names and addresses of adjacent
owners, the mailing of such notices shall not be a condition precedent
to proper legal notice of hearing, and no hearing or action taken
at such hearing shall be deemed to be invalid or illegal because of
failure to mail any such notice or failure of any addressee to receive
the same. The applicant shall submit the receipts of certified mail
(if available) and an affidavit stating the names and addresses to
whom the notices were sent and that the mailing was completed at least
five days prior to the public hearing.
[Added 6-18-2007 by L.L. No. 6-2007]
[Amended 11-13-1995 by L.L. No. 3-1995]
Decisions of the Planning Board shall be filed
with the Village Clerk within five business days after such decision
is rendered and a copy thereof mailed to the applicant.
[Amended 11-13-1995 by L.L. No. 3-1995]
Any person aggrieved by any decision of the
Planning Board or any officer, department, board or bureau of the
Village may apply for review as outlined in §§ 7-725-a
and 7-725-b of the Village Law. Costs for such review will not be
allowed against the Planning Board unless it shall appear to the court
that the Planning Board acted with gross negligence or in bad faith
or with malice in making the decision.
The Planning Board shall retain the services
of an Attorney, who shall advise the Board on legal matters pertaining
to Planning Board actions. This Attorney may or may not be the same
as the Village Attorney and shall be selected by the Planning Board.
