A detailed site plan shall be approved by the
Planning Board before a building permit or certificate of occupancy
is issued whenever it is proposed or intended that:
A.
A residential use be changed to a nonresidential use
or partly residential and partly nonresidential.
B.
An existing nonresidential use be changed as to kind
or size and in all cases where a changed use requires a change in
parking standards; any new nonresidential project regardless of change
in size.
C.
Unimproved realty be developed for any use other than
one single-family dwelling.
A.
An application for a building permit involving site
plan approval by the Planning Board shall be made to the Planning
Board. Before any such application shall be submitted to the Board,
it shall be examined first by the Code Enforcement Officer, and unless
endorsed by such official as complete, the Board shall not entertain
it.
[Amended 5-24-2010 by L.L. No. 6-2010]
B.
Four copies of the application shall be submitted
and shall include the following information prepared and signed by
a licensed professional engineer:
[Amended 11-13-1995 by L.L. No. 3-1995; 10-16-2007 by L.L. No. 9-2007]
(1)
A map of the applicant's entire holding, at a scale
of not more than 20 feet to the inch, and a color rendering of the
proposed structure.
(2)
An area map of the applicant's property, to scale,
showing all properties, subdivisions, streets and easements within
250 feet of the applicant's property.
(3)
A topographic map of the property at two-foot contour
intervals, unless otherwise specified by the Planning Board, showing
the existing and proposed regraded surface of the land and the location
of natural features such as streams, swamps, rock outcrops and major
trees eight inches or more in diameter as measured three feet above
the ground.
(4)
A detailed site plan showing location, proposed use
and height of all buildings; location of all parking and truck loading
areas with access and egress drives thereto; location of outdoor storage,
if any; location and type of recreation facilities, if any; location
of all existing or proposed site improvements, including drains, culverts,
retaining walls and fences; description of method of water supply
and sewage disposal and location of such facilities; location and
proposed development of buffer areas and landscaping, where required;
location and design of lighting facilities; and the location, size
and type of all signs.
(5)
A detailed computation of total lot area, of building
floor area for each type of proposed use, building coverage, roads
and parking.
(6)
For industrial or business uses, specific uses proposed,
number of employees for which buildings are designed, type of power
to be used for any manufacturing processes, type of wastes or by-products
to be produced by any manufacturing process and proposed method of
disposal of such wastes or by-products.
(7)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 133 and Art. XVIII of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Art. XVIII of this chapter. The approved site plan shall be consistent with the provisions of Chapter 133 and Art. XVIII of this chapter.
(8)
Any additional information as the Planning Board may
deem necessary in order to decide on the application. Upon request
of the applicant, the Planning Board may, by resolution, waive submission
of all or part of the above-described information or material if the
Board finds that such matter is not necessary to a decision upon the
application.
[Amended 10-13-1992 by L.L. No. 2-1992; 11-13-1995 by L.L. No. 3-1995]
A.
Referral to Planning Board. Each application involving site plan approval, together with the required information described in § 171-81 above, shall be referred to the Planning Board by the Code Enforcement Officer within 10 days of the date of application for action thereon. The Planning Board shall hold a public hearing on the site plan application within 62 days after the date that a complete application is received by the Planning Board, in accordance with § 171-84 herein. The Planning Board shall render a decision to the Code Enforcement Officer with regard to the site plan application within 62 days after such public hearing. Notwithstanding the above, 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 decision of the Planning Board shall be filed in the office of the Village Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant.
[Amended 5-24-2010 by L.L. No. 6-2010]
B.
Referral to county. Applications for site plan approval
within a specified distance of certain areas and facilities as described
in § 239-m of the General Municipal Law shall be referred
to the County Planning Board at least 10 days prior to the public
hearing and action taken only in accordance with said section of the
General Municipal Law and § 7-725-a, Subdivision 8, of the
Village Law. The County Planning Board shall have a maximum of 30
days after receipt of a full statement of the proposed site plan to
report its recommendations and reasons for such recommendations to
the Planning Board. Should the County Planning Board recommend modification
or disapproval of the site plan, the Planning Board shall not act
contrary to such recommendation except by a vote of a majority plus
one of all the members thereof and after the adoption of a resolution
fully setting forth the reasons for such contrary action. Within 30
days after final action, the Planning Board shall file a report of
its final action with the County Planning Board. If the Planning Board
acts contrary to the county's recommendation of modification or disapproval,
the report shall set forth the reasons for the contrary action.
[Amended 11-13-1995 by L.L. No. 3-1995]
A.
General standards. The proposed use and construction
of buildings and other structures, including outside storage areas,
site development and landscaping and off-street parking and loading,
shall conform to all of the requirements of this chapter.
B.
Access. Provision shall be made for vehicular access
to the lot in such a manner as to avoid undue hazards to traffic and
undue traffic congestion on any public street.
C.
Neighborhood. The site plan and architectural plans
shall be of a character so as to harmonize with the neighborhood,
to accomplish a transition in character between areas of unlike character,
to protect property values and to preserve and enhance the appearance
and beauty of the community.
D.
Reservation
of parkland on site plans containing residential units.
[Added 10-22-2012 by L.L. No. 13-2012[1]]
(1)
Before
the Planning Board may approve a site plan containing residential
units, such site plan shall also show, when required by the Planning
Board, a park or parks suitably located for playground and other recreational
purposes.
(2)
In
the event that the Planning Board finds that a suitable park or parks
of adequate size to meet the requirements of the new residents cannot
be properly located on such site plan, the Planning Board may require
a sum of money in lieu thereof, in an amount established by the Village
Board of Trustees as may be amended from time to time. In making such
determination of suitability, the Planning Board shall assess the
size and suitability of lands shown on the site plan which could be
possible locations for park or recreational facilities, as well as
practical factors, including whether there is a need for additional
facilities in the immediate neighborhood. Any monies required by the
Planning Board in lieu of land for park, playground and other recreational
purposes, pursuant to this section, shall be deposited into a trust
fund to be used by the Village exclusively for park, playground or
other recreational purposes, including the acquisition of property.
(3)
Notwithstanding
the foregoing, if the land included in a site plan under review is
a portion of a subdivision plat which has been reviewed and approved,
the Planning Board shall credit the applicant for any land set aside
or money donated in lieu thereof under such subdivision plat approval.
In the event of resubdivision of such plat, nothing shall preclude
the additional reservation of parkland or money donated in lieu thereof.
[1]
Editor's Note: This local law also provided for the redesignation
of former Subsection D as Subsection E.
E.
Expiration.
[Amended 3-13-2000 by L.L. No. 3-2000[2]]
(1)
Site plan approval shall expire after one year if
no work is done on the project and after two years if the project
is not completed.
(2)
The Planning Board may, upon a finding that the applicant
is proceeding with the project with due diligence and has offered
a reasonable explanation of its inability to commence and/or complete
the project, grant one or more six-month extensions of the site plan
approval subject to such conditions as the Planning Board determines
are appropriate. The granting of extensions under this section shall
not require a public hearing. Prior to the grant of any extensions
pursuant to this section, the applicant shall deposit with the Village
such additional escrow monies for professional consultation services
as may be deemed necessary by the Planning Board.
[2]
Editor's Note: This local law provided that
it shall apply retroactively to all site plan approvals granted on
or after July 1, 1996.
[Amended 11-13-1995 by L.L. No. 3-1995]
A public hearing shall be held by the Planning
Board within 62 days of the submission of a complete application in
accordance with § 7-725-a, Subdivision 7, of the Village
Law. The public hearing shall be advertised at least once in a newspaper
of general circulation in the Village at least five days before such
hearing, and a notice of the hearing shall be mailed to the applicant
at least 10 days before such hearing.
[Amended 12-14-1987 by L.L. No. 3-1987; 11-13-1995 by L.L. No. 3-1995]
The Planning Board shall follow the procedures for determining whether the proposed action may have a significant impact on the environment in accordance with the State Environmental Quality Review Act (SEQRA), Part 617 of Title 6 of the New York Code of Rules and Regulations (the implementing regulations pertaining to Article 8 of the Environmental Conservation Law), Chapter 77 (Environmental Quality Review) of the Code of the Village of Fishkill and § 7-725-a, Subdivision 9, of the Village Law.
[Added 3-4-2013 by L.L. No. 2-2013]
The following supplemental regulations shall apply to multifamily
dwellings:
A.
The minimum floor area of each dwelling unit shall be as follows:
400 square feet for a studio-style dwelling unit; 500 square feet
for a one-bedroom unit; 700 square feet for a two-bedroom unit; 900
square feet for a three-bedroom unit.
B.
Buildings shall be compatible with their surroundings in both size
and architecture.
C.
There shall be no first-floor residential unit(s) permitted in any
buildings(s) that face Main Street in the VC-BD District, except west
of Jackson Street where it shall be allowed subject to Planning Board
approval.
[Amended 11-15-2021 by L.L. No. 4-2021]
D.
Permitted density. Multifamily dwelling units may be permitted up
to 14 dwelling units per acre. Within the VC-BD Zoning District west
of Jackson Street, density shall be based on the ability to meet the
required parking requirements of the site, not to exceed 25 dwelling
units per acre.
[Amended 11-15-2021 by L.L. No. 4-2021]
F.
A recreation fee may be charged for all new residential units, as provided for in § 171-83, in an amount set by the Village Board of Trustees, which amount may be amended from time to time.
G.
The maximum
building height in the VC-BD Zoning District shall be 35 feet, except
that a building height of 40 feet shall be permitted west of Jackson
Street, subject to Planning Board approval.
[Added 11-15-2021 by L.L. No. 4-2021]
[1]
Editor's Note: Former § 171-86, Local Historic Center
District, was repealed 12-4-1996 by L.L. No. 11-1996.
[1]
Editor's Note: Former § 171-87,
Historic structures in other districts, was repealed 12-4-1996 by
L.L. No. 11-1996.
[Added 2-18-1997 by L.L. No. 2-1997]
A.
Legislative intent. The Village of Trustees hereby
finds that certain business activities, by their nature, have serious
objectionable operational characteristics which can lead to significant
impacts on the surrounding community. The Village Board further finds
that the uncontrolled proliferation of such uses would be inconsistent
with the existing development and future plans for the Village of
Fishkill in that such uses often result in influences on the community
which increase the crime rate and undermine the economic, physical
and social welfare of the community. Further, such uses have been
found to contribute to the blighting of surrounding residential and
commercial areas as a result of the related potential for an increase
in crime, the undermining of the economic and social welfare of the
community and the deterring of investment in and improvement of surrounding
properties. Such uses can adversely impact the general health, safety
and economic well-being of the entire community. In addition, the
location of these uses may be in areas where youth may regularly assemble,
and the general atmosphere encompassing their operation is of great
concern to the Village Board of Trustees. By enacting criteria for
the establishment of adult uses in the Village, the purpose of this
section is to prevent the unrestricted proliferation or concentration
of such businesses, to specifically limit and reduce their potential
accessibility to children and to ensure that the effect of such businesses
will not adversely affect the health, safety and economic well-being
of the community.
B.
Standards. To help achieve the above-stated goals and to promote the objectives of the Village's Comprehensive Plan, the granting of site plan approval by the Planning Board shall be subject to the following requirements in addition to the other requirements of said approval contained in Article X of this chapter.
(1)
Not more that one adult use shall be permitted
on any lot.
(2)
No adult use shall be permitted on any lot which
is located within 2,500 feet of any other lot containing an adult
use.
(3)
No adult use shall be permitted on any lot which
is located within 400 feet of any residential zoning district in the
Village.
(4)
No adult use shall be permitted on any lot which
is located within 400 feet of any lot on which there is located a
school, nursery school, day-care center, place of religious worship
or other religious institution, community center, public park, playground
or playing field.
(5)
No adult use shall be located on any lot in
the Historic Preservation Overlay Zone or on any lot which is located
within 400 feet of said zone.
(6)
No adult use shall be permitted on any lot which
is located within 400 feet of United States Route 9 or within 400
feet of Interstate Route 84.
(7)
All building openings, including doorways and
windows, shall be located, covered or screened in such a manner as
to prevent a view into the adult use from outdoors.
(8)
A condition of the approval of all adult uses
shall be a restriction that no person under the age of 18 years shall
be permitted into or on the premises of such use.
(9)
A further condition of the approval of all adult uses shall be the restriction that there shall be no outdoor display or advertising of any kind other than the signage permitted in Article V of this chapter.
(10)
No adult use shall be permitted in any building
which already contains a residential use. No new residential use shall
be established in a building of which any part is already used as
an adult use.
(11)
Adult uses shall comply with all other requirements
of this chapter, as well as all applicable Village, county, state
and federal laws and regulations.
[Added 7-8-2002 by L.L. No. 6-2002;
amended 3-10-2003 by L.L. No. 2-2003; 8-17-2009 by L.L. No.
24-2009]
The granting of site plan approval to a property in the Village Center Business District by the Planning Board shall be subject to the following requirements of said approval contained in Article X of this chapter:
A.
New structures and modifications to existing structures
shall be residential in appearance, in terms of exterior materials
and treatment, roof treatment, appearance and placement of windows
and doors, and other considerations as determined by the Planning
Board.
B.
Wherever feasible and appropriate, the site plan layout
shall place structure(s) and landscaped areas/lawns in the front portion
of the property with parking facilities located behind the structure(s)
in the rear of the property.
C.
Wherever feasible and appropriate, the development
of properties for commercial use shall include the provision of common
entry points and/or cross access between adjacent commercial properties
and/or shall plan and allow for such connections to be made at a future
date. To help assure the accomplishment of this, the Planning Board
may require written assurance in a form satisfactory to the Village
Attorney, binding the owner and the owner's heirs and assigns to provide
and/or permit, and to maintain such interconnections.
