East Fishkill Town Code (Version 2) - December 15, 2002

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  CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002 ======================================================== [Captured, one screen at a time, from http://gcp.esub.net/cgi-bin/om_isapi.dll?clientID=164724&infobase=eastfish.nfo&softpage=Browse_Frame_Pg42 linked from www.eastfishkillny.org on 2/17/03 and 2/18/03] [Best viewed with a "mono-spaced font" such as "Courier New"] ======================================================== TABLE OF CONTENTS CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002 Table of Contents PREFACE PART I ADMINISTRATIVE LEGISLATION Chapter 1, GENERAL PROVISIONS ARTICLE I, Adoption of Code [Adopted 6-14-2001 by L.L. No. 3-2001] § 1-1. Title. § 1-2. Legislative intent. § 1-3. Adoption of Code; correction of references. § 1-4. Copy of Code on file. § 1-5. Changes in previously adopted legislation; new provisions. § 1-6. Minor nonsubstantive changes. § 1-7. Continuation of existing provisions. § 1-8. Repeal of enactments not included in Code; exceptions. § 1-9. Sale of Code book; supplementation. § 1-10. Future amendments to Code. § 1-11. Incorporation of provisions of this local law into Code. § 1-12. When effective. § 1-13. Severability. Chapter 8, CONSERVATION ADVISORY COUNCIL § 8-1. Statutory authority; legislative intent. § 8-2. Establishment; members. § 8-3. Responsibilities. Chapter 15, ETHICS, CODE OF ARTICLE I, Code of Ethics [Adopted 8-8-1974 as Ch. 8, Art. I, of the 1974 Code] § 15-1. Statutory authority; purpose. § 15-2. Definitions.EN § 15-3. Standards of conduct. § 15-4. Effect of code on certain rights. § 15-5. Distribution of code.EN § 15-6. Penalties for offenses. ARTICLE II, Board of Ethics [Adopted 8-9-1984 by L.L. No. 5-1984] Chapter 22, LOCAL LAWS, ADOPTION OF § 22-1. Public hearing; notice. § 22-2. Publication and posting of proposed local law; copies. § 22-3. Publication of local law as adopted. § 22-4. Filing of proofs of publication. § 22-5. Assignment of local law number. Chapter 33, PLANNING BOARD § 33-1. Employment of experts and staff; other expenses. § 33-2. Adoption of rules and regulations. § 33-3. General powers and duties. [Amended 6-24-1993 by L.L. No. 2-1993EN] § 33-4. Filing of certificate of authority to approve plats. § 33-5. Term of office. [Added 12-10-1992 by L.L. No. 8-1992; amended 6-24-1993 by L.L. No. 3-1993] Chapter 40, RECORDS ARTICLE I, Public Access [Adopted 7-10-1975 by L.L. No. 5-1975] § 40-1. Purpose and scope. § 40-2. Designation of records access officers; responsibilities. § 40-3. Designation of fiscal officer; responsibilities. § 40-4. Location. § 40-5. Hours for public inspection. § 40-6. Request procedure. § 40-7. Denial of access to records; appeals procedure. § 40-8. Fees. § 40-9. Public notice. ARTICLE II, Retention and Disposition [Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)] PART II GENERAL LEGISLATION Chapter 58, ALCOHOLIC BEVERAGES § 58-1. Title. § 58-2. Legislative intent. § 58-3. Definitions. § 58-4. Prohibition. § 58-5. Exception. § 58-6. Penalties for offenses. Chapter 63, ANIMALS ARTICLE I, Dogs [Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)] § 63-1. Purpose. § 63-2. Statutory authority. § 63-3. Title. § 63-4. Definitions. § 63-5. License required; fees. § 63-6. Tag required. § 63-7. Female dogs. § 63-8. Adequate shelter required. § 63-9. Restrictions. § 63-10. Rabies inoculations. § 63-11. Enforcement official. § 63-12. Seizure of dogs; redemption; disposition of unclaimed dogs. § 63-13. Complaints. § 63-14. Penalties for offenses. Chapter 68, ASSEMBLIES, MASS PUBLIC § 68-1. Purpose. § 68-2. Definitions. § 68-3. Permit to be issued by town; application; information required. § 68-4. Fees.EN § 68-5. Enforcement; penalties for offenses. Chapter 75, BINGO § 75-1. Conduct authorized. § 75-2. Sunday games. Chapter 80, BUILDING CONSTRUCTION AND FIRE PREVENTION ARTICLE I, Adoption of Standards [Adopted 1-26-1984 by L.L. No. 2-1984] ARTICLE II, Administration and Enforcement [Adopted 8-8-1974 as Ch. 31 of the 1974 Code] § 80-1. Department of Buildings and Fire Prevention; appointments. [Amended 1-26-1984 by L.L. No. 2-1984] § 80-2. Conflicts of interest. § 80-3. Powers and duties of Building Inspector. § 80-4. Cooperation of other departments. § 80-5. Building permits. [Amended 1-26-1984 by L.L. No. 2-1984] § 80-6. Performance of work under building permit. § 80-7. Building Department fees. [Amended 1-26-1984 by L.L. No. 2-1984EN] § 80-8. Revocation of building permit. § 80-9. Stop orders and order to remedy violation. [Amended 1-26-1984 by L.L. No. 2-1984] § 80-10. Inspections. [Amended 1-26-1984 by L.L. No. 2-1984] § 80-11. Certificates of occupancy. [Amended 1-26-1984 by L.L. No. 2-1984] § 80-12. Tests of materials and equipment. § 80-13. (Reserved)EN § 80-14. Penalties for offenses. [Amended 1-26-1984 by L.L. No. 2-1984] § 80-15. Additional remedies. Chapter 87, BUILDINGS, UNSAFE § 87-1. Purpose. § 87-2. Title.EN § 87-3. Definitions. § 87-4. Investigation and report. § 87-5. Town Board procedure. § 87-6. Notice. § 87-7. Hearing. § 87-8. Refusal to comply. § 87-9. Assessment of expenses. § 87-10. Emergency cases. Chapter 96, ELECTRICAL STANDARDS § 96-1. Title. § 96-2. Purpose. § 96-3. Adoption of standards. § 96-4. Approval required. § 96-5. Penalties for offenses. § 96-6. Qualified Electrical Inspectors. § 96-7. Duties of qualified Electrical Inspectors. § 96-8. No waiver or assumption of liability. § 96-9. Nonapplicability. Chapter 103, FEES ARTICLE I, Professional Consultant Expenses [Adopted 1-11-1996 by L.L. No. 1-1996] § 103-1. Compensation of town for review costs. § 103-2. Definitions. § 103-3. Procedures on applications. § 103-4. Funding of escrow account. § 103-5. Withdrawals from escrow accounts. § 103-6. Procedures upon depletion of escrow accounts. § 103-7. Approvals prohibited prior to payment. § 103-8. Return of unexpended funds. § 103-9. Town's further remedies for applicant's failure to reimburse. SCHEDULE A Chapter 108, FLOOD DAMAGE PREVENTION § 108-1. Statutory authorization, purpose and methods. § 108-2. Definitions. § 108-3. General provisions. § 108-4. Administration. § 108-5. Duties and responsibilities of local administrator. § 108-6. Provisions for flood hazard reduction. § 108-7. Variance procedure. § 108-8. Fees. Chapter 112, GAMES OF CHANCE § 112-1. Authorization; license required. § 112-2. Sundays; holidays. § 112-3. Enforcement. § 112-4. Summary license applications. Chapter 117, GREENWAY COMPACT § 117-1. Adoption of Greenway Connections. Chapter 131, MOBILE HOME PARKS; HOUSE TRAILERS § 131-1. Title. § 131-2. Purpose. § 131-3. Definitions. § 131-4. License required. § 131-5. Application for license; processing. § 131-6. General regulations. § 131-7. Sanitary and other facilities. § 131-8. Management; duties of licensees. § 131-9. Fire and accident provisions. § 131-10. Duration of licenses. § 131-11. Revocation of license. § 131-12. Uses of mobile homes. § 131-13. Penalties for offenses. Chapter 136, PARKS AND RECREATION AREAS § 136-1. Definitions. § 136-2. Prohibited activities. § 136-3. Traffic regulations. § 136-4. Recreational activities. § 136-5. General conduct. § 136-6. Additional rules authorized; hours; fees; residency requirements. § 136-7. Permit required for certain activities; issuance; revocation. § 136-8. Penalties for offenses. [Amended 7-25-1985 by L.L. No. 8-1985] § 136-9. Construction; word usage. Chapter 140, PEDDLING AND SOLICITING § 140-1. Definitions. § 140-2. License required; special permit required for stationary vendor. § 140-3. Exemptions. § 140-4. License application requirements. § 140-5. License/application procedure. § 140-6. Fees.EN § 140-7. Insurance. § 140-8. License to be carried; replacement of lost license.EN § 140-9. Transferability. § 140-10. Restrictions. § 140-11. Enforcement. § 140-12. Penalties for offenses. [Amended 9-13-1990 by L.L. No. 7-1990] § 140-13. Revocation of license. [Amended 9-13-1990 by L.L. No. 7-1990] § 140-14. Records. § 140-15. License period. [Amended 9-13-1990 by L.L. No. 7-1990] § 140-16. Renewal. Chapter 152, SEWERS ARTICLE I, Standards for Sewer Construction [Adopted 4-10-1975] § 152-1. Scope. § 152-2. Definitions. § 152-3. Permits. § 152-4. Notice of construction. § 152-5. Judge of quality and suitability. [Amended 1-12-1989 by L.L. No. 1-1989] § 152-6. Approved drawings. [Amended 1-12-1989 by L.L. No. 1-1989] § 152-7. Drawings of record. [Amended 1-12-1989 by L.L. No. 1-1989] § 152-8. Excavation and earthwork. § 152-9. Manholes. § 152-10. Pipe. § 152-11. Building sewers. Chapter 159, STREETS AND SIDEWALKS ARTICLE I, Driveways [Adopted 8-8-1974 as Ch. 37 of the 1974 Code] § 159-1. Permit required before construction. § 159-2. Changes to existing driveway entrances. § 159-3. Bond required. [Added 9-8-1977 by L.L. No. 8-1977] § 159-4. Penalties for offenses. ARTICLE II, Notification of Defects [Adopted 4-14-1977 by L.L. No. 4-1977] § 159-5. Prior notice of conditions on highways, bridges and culverts required. § 159-6. Prior notice of conditions on sidewalks required. § 159-7. Disposition of notices; responsibility for corrective action.EN § 159-8. Index record of notices to be maintained. § 159-9. Scope. Chapter 163, SUBDIVISION OF LAND ARTICLE I, General Provisions § 163-1. Authority of Planning Board. § 163-2. Title. § 163-3. Policy and objectives. ARTICLE II, Definitions § 163-4. Terms defined. ARTICLE III, Procedure § 163-5. Approval required. § 163-6. Preliminary consideration. § 163-7. Sketch plan. § 163-8. Preliminary plat. § 163-9. Subdivision plat. § 163-10. Resubdivision. ARTICLE IV, Improvements, Bonds and Agreements § 163-11. Completion of improvements required. § 163-12. Performance bonds. EN § 163-13. Required improvements. § 163-14. Agreements. ARTICLE V, Planning and Design Criteria § 163-15. Standards a guide. [Amended 11-14-2002 by L.L. No. 1-2002] § 163-16. Preservation of existing features. § 163-17. Streets. § 163-18. Street improvements. § 163-19. Lots. § 163-20. Reservations and easements. ARTICLE VI, Requirements for Plans and Plats § 163-21. General requirements. § 163-22. Preliminary plat details. § 163-23. Subdivision plat details. ARTICLE VII, Variances, Waivers, Conditions § 163-24. Variances. § 163-25. Waivers. § 163-26. Conditions. ARTICLE VIII, Driveway Specifications [Added 12-8-1977] § 163-27. Purpose. § 163-28. Design requirements. [Amended 11-14-2002 by L.L. No. 9-2002] § 163-29. Authority for interpretation. ARTICLE IX, Cluster Subdivisions [Added 3-28-1985 by L.L. No. 6-1985; amended 6-28-1986 by L.L. No. 2-1986; 11-14-2002 by L.L. No. 7-2002] § 163-30. Authorization and purpose. § 163-31. Permitted use. § 163-32. Conditions for cluster development. § 163-33. Development standards and controls. § 163-34. (Reserved) Chapter 168, TAXATION ARTICLE I, Senior Citizens Tax Exemption [Adopted 8-8-1974 as Ch. 59, Art. I, of the 1974 Code] ARTICLE II, Commercial, Business and Industrial Tax Exemption Reduction [Adopted 1-13-1977 by L.L. No. 1-1977] § 168-3. Purpose. § 168-4. Reduction of tax exemption percentage. ARTICLE III, Economic Development Zone Exemption [Adopted 2-9-1995 by L.L. No. 1-1995] § 168-5. Title. § 168-6. Purpose and intent; implementation of exemption. § 168-7. Applicability of statute. § 168-8. Term of exemption. § 168-9. Amount of exemption. ARTICLE IV, Fees for Duplicate Statement of Taxes [Adopted 9-14-1995 by L.L. No. 9-1995] § 168-10. Purpose. § 168-11. Authorization to charge fee. § 168-12. Definition. ARTICLE V, Alternative Veterans Exemption [Adopted 2-25-1997 by L.L. No. 1-1997] § 168-13. Exemption established. ARTICLE VI, Exemption for Persons with Disabilities [Adopted 1-14-1999 by L.L. No. 1-1999] § 168-14. Exemption established. § 168-15. Extent of exemption. § 168-16. Application for exemption. Chapter 177, VEHICLES AND TRAFFIC ARTICLE I, Parking [Adopted 8-8-1974 as Ch. 63, Art. I, of the 1974 Code] § 177-1. Parking prohibited. § 177-2. Seasonal parking restrictions. § 177-3. Penalties for offenses. ARTICLE II, Parking, Stopping or Standing on Private Lands [Adopted 8-8-1974 as Ch. 63, Art. II, of the 1974 Code; amended 1-12-1989 by L.L. No. 3-1989] § 177-4. Short title. § 177-5. Definitions. § 177-6. Legislative findings. § 177-7. Establishment of a fire lane. § 177-8. Designation of areas; signs and maintenance. § 177-9. Parking and standing prohibited in designated areas. § 177-10. Removal and storage of vehicles. § 177-11. Penalties for offenses. ARTICLE III, Use of Highway for Solicitation [Adopted 9-12-1996 by L.L. No. 10-1996] § 177-12. Prohibitions on pedestrian activity within highway. § 177-13. Penalties for offenses. Fire Lane Designations Chapter 186, WATER ARTICLE I, Standards for Installation of Water Mains, Valves and Hydrants [Adopted 4-10-1975] § 186-1. Scope. [Amended 1-12-1989 by L.L. No. 2-1989] § 186-2. Definitions. § 186-3. Permits. § 186-4. Notice of construction. § 186-5. Judge of quality and suitability. § 186-6. Approved drawings. [Amended 1-12-1989 by L.L. No. 2-1989] § 186-7. As-built drawings. § 186-8. Water main sizes. § 186-9. Water main materials. [Amended 1-12-1989 by L.L. No. 2-1989] § 186-10. Water main installation. § 186-11. Testing and sterilization. § 186-12. Valves. § 186-13. Hydrants. § 186-14. Connections. § 186-15. Inspections; approval and acceptance by the town. ARTICLE II, Water Use [Adopted 4-14-1983 by L.L. No. 2-1983] § 186-16. Purpose. § 186-17. Definitions. § 186-18. Application. § 186-19. District and owner responsibility. § 186-20. Limits on water usage. § 186-21. Cross connections with nonpotable water supplies. § 186-22. Service outside water district area. § 186-23. Obstruction of fixtures. § 186-24. Opening of streets; permits. § 186-25. Connection with mains. § 186-26. Service mains. § 186-27. Voluntary disconnection of service; application for new service. § 186-28. Water charges. § 186-29. Special provisions applying to districts with water meters. § 186-30. Water rates. § 186-31. Imposition and computation of water rates. § 186-32. Payment and enforcement of water rates. § 186-33. Fees. § 186-34. Enforcement. § 186-35. Method of service of notice. § 186-36. Reservation. Chapter 194, ZONING Part 1, General Provisions ARTICLE I, Purposes § 194-1. Purposes enumerated. ARTICLE II, Definitions and Word Usage § 194-2. Word usage. § 194-3. Definitions. ARTICLE III, Districts § 194-4. Designation of districts. [Amended 6-14-1979 by L.L. No. 4-1979; 3-28-1985 by L.L. No. 2-1985; 5-12-1988 by L.L. No. 1-1988EN; 8-22-1996 by L.L. No. 7-1996; 9-26-2000 by L.L. No. 5-2000; 11-14-2002 by L.L. No. 4-2002; 11-14-2002 by L.L. No. 11-2002] § 194-4.1. Hamlet designations. [Added 11-14-2002 by L.L. No. 9-2002; amended 11-14-2002 by L.L. No. 11-2002] § 194-5. Zoning Map. [Amended 4-27-1995 by L.L. No. 3-1995] § 194-6. Interpretation of district boundaries. Part 2, Regulatory Provisions ARTICLE IV, General Regulations § 194-7. General interpretation and applicability. § 194-8. Conformance required. § 194-9. Lot required for every building. § 194-10. Yard and open space applicable to one building only. § 194-11. Subdivision of a lot.EN § 194-12. Irregularly shaped lots. § 194-13. Required street access. [Amended 11-14-2002 by L.L. No. 9-2002] § 194-14. Average density subdivisions. [Added 3-28-1985 by L.L. No. 2-1985; amended 11-14-2002 by L.L. No. 8-2002EN] § 194-14.1. Environmentally sensitive lands. [Added 11-14-2002 by L.L. No. 2-2002] ARTICLE V, Schedules of Regulations § 194-15. General. § 194-16. Schedule of Permitted Uses. EN § 194-17. Schedule of Bulk Regulations. EN § 194-18. Off-Street Parking Schedule. EN ARTICLE VI, Conservation Residential Development [Added 5-12-1988 by L.L. No. 1-1988] § 194-19. Intent and purposes. § 194-20. Eligibility. § 194-21. Uses within CRD Zone. § 194-22. Development standard and controls. § 194-23. Applications procedure. ARTICLE VII, EN Site Plan Approval [Adopted 10-11-1984 by L.L. No. 7-1984] § 194-24. General. § 194-25. Application. § 194-26. Standards. § 194-27. Action by Planning Board. [Amended 4-24-1997 by L.L. No. 3-1997] ARTICLE VIII, Architectural Review Board [Added 4-24-1997 by L.L. No. 3-1997] § 194-28. Appointment; membership. § 194-29. Functions of the ARB. § 194-30. Submission procedures. § 194-31. Standards for review. § 194-32. Findings and decision of ARB. § 194-33. Effect on other approvals. § 194-34. Necessity of further review and approval. § 194-35. Court review. § 194-36. Enforcement and penalties for offenses. ARTICLE IX, Special Permits [Amended 9-8-1977 by L.L. No. 7-1977; 3-28-1985 by L.L. No. 4-1985] § 194-37. General. § 194-38. Appropriate reviewing agency. § 194-39. Applications and fees. [Amended 12-11-1986 by L.L. No. 5-1986] § 194-40. Procedures. [Amended 6-14-2001 by L.L. No. 3-2001] § 194-41. Required plans. § 194-42. Expiration. § 194-43. Existing violations. § 194-44. Standards for all special permit uses. § 194-45. Referral to AAB. § 194-46. Conditions. [Amended 6-14-2001 by L.L. No. 3-2001] § 194-46.1. Accessory retail, professional, and/or personal services in large cluster subdivisions. [Added 11-14-2002 by L.L. No. 7-2002] ARTICLE X, EN General Use Regulations [Added 3-28-1985 by L.L. No. 5-1985] § 194-47. Farming; nurseries; greenhouses. § 194-48. Obnoxious uses. § 194-49. Accessory uses. § 194-50. Lots subject to flooding. § 194-51. Temporary office and storage. § 194-52. Parking of commercial vehicles in residential zone. [Amended 11-14-2002 by L.L. No. 9-2002] § 194-53. Planned business neighborhood. § 194-54. Planned commercial parks. § 194-55. Planned research and development parks. [Added 6-14-1979 by L.L. No. 4-1979] ARTICLE XI, Planning Board Special Permits - Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985] § 194-56. General. § 194-57. Hospitals. § 194-58. Hotels and motels. [Amended 6-12-1986 by L.L. No. 4-1986] § 194-59. Large-scale recreation developments and camps. § 194-60. Churches, schools and other public uses. § 194-61. Commercial stables and riding academies.EN § 194-62. Nursing homes and alternative care housing. § 194-63. Day-care facilities. [Added 6-12-1986 by L.L. No. 3-1986] § 194-64. Historic structures. § 194-65. Subdivision recreation areas. [Added 2-19-1987 by L.L. No. 2-1987] § 194-66. Stationary solicitors, peddlers and vendors. [Added 9-14-1989 by L.L. No. 5-1989] § 194-67. Outdoor recreation developments. [Added 10-24-1996 by L.L. No. 11-1996] § 194-67.1. Shared driveways. [Added 11-14-2002 by L.L. No. 9-2002] ARTICLE XII, Zoning Board Special Permits - Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985] § 194-68. General. § 194-69. Cemeteries. [Amended 6-14-2001 by L.L. No. 3-2001] § 194-70. Permit for preparation of mulching materials. [Added 2-12-1998 by L.L. No. 2-1998; amended 6-14-2001 by L.L. No. 3-2001] § 194-71. Membership clubs.EN § 194-72. Mobile home parks.ENEN § 194-73. Kennels.EN § 194-74. Private stables.EN § 194-75. Land excavations and filling. [Amended 9-26-2000 by L.L. No. 11-2000EN] § 194-76. Commercial communications towers and antenna installations. [Amended 6-11-1998 by L.L. No. 5-1998EN] § 194-77. Compliance required. § 194-78. Special permit authorized. § 194-79. Application for collocation or placement on an eligible structure. § 194-80. Application for a special permit to place new commercial communications tower. § 194-81. Notice and public hearing. § 194-82. Standards for issuing a special permit. § 194-83. Conditions on special permits. § 194-84. Design and construction requirements. § 194-85. Gasoline filling stations. [Amended 3-27-1997 by L.L. No. 2-1997EN] § 194-86. Automobile service facility. [Added 3-27-1997 by L.L. No. 2-1997] § 194-87. One-family-occupancy apartments. § 194-88. Car washes.EN § 194-89. Medical or dental clinics. [Added 3-27-1975 by L.L. No. 2-1975] § 194-90. Accessory professional offices. [Added 3-28-1985 by L.L. No. 5-1985EN] § 194-91. Accessory residential units in residential districts. [Added 3-28-1985 by L.L. No. 5-1985] ARTICLE XIII, Supplementary Bulk Regulations § 194-92. General. § 194-92.1. Flag lots. [Added 11-14-2002 by L.L. No. 9-2002] § 194-93. Terraces. [Amended 3-28-1985 by L.L. No. 7-1985] § 194-94. Porches. [Amended 3-28-1985 by L.L. No. 7-1985] § 194-95. Private swimming pools and tennis courts. [Added 3-28-1985 by L.L. No. 7-1985] § 194-96. Projecting architectural features. § 194-97. Fire escapes. [Added 3-28-1985 by L.L. No. 7-1985] § 194-98. Walls and fences. § 194-99. Visibility at intersections. § 194-100. Corner lots. [Amended 12-28-1995 by L.L. No. 11-1995; 1-11-1996 by L.L. No. 2-1996; 11-14-2002 by L.L. No. 11-2002] § 194-101. Height restriction exceptions. § 194-102. Exterior lighting. [Added 3-28-1985 by L.L. No. 7-1985] § 194-103. Refuse disposal. [Added 3-28-1985 by L.L. No. 7-1985] § 194-104. Awnings. [Added 3-28-1985 by L.L. No. 7-1985] § 194-105. Minimum residential unit size. [Added 3-28-1985 by L.L. No. 7-1985] § 194-106. Ornamental features. § 194-107. Accessory buildings. [Added 3-28-1985 by L.L. No. 7-1985] § 194-108. Construction sheds. [Added 3-28-1985 by L.L. No. 7-1985] § 194-109. Landscaping, screening and buffer areas. [Added 3-28-1985 by L.L. No. 7-1985] § 194-110. Underground utility lines. [Added 3-28-1985 by L.L. No. 7-1985] § 194-111. Signs. [Added 3-28-1985 by L.L. No. 7-1985] § 194-112. Dish antennas. [Added 3-28-1985 by L.L. No. 7-1985] ARTICLE XIV, Supplementary Off-Street Parking Regulations § 194-113. General. § 194-114. Residence districts. § 194-115. Business and industrial districts. [Amended 9-12-1996 by L.L. No. 9-1996] § 194-116. Improvements. [Amended 9-12-1996 by L.L. No. 9-1996] § 194-117. Longevity and use. § 194-118. Location. ARTICLE XV, Nonconforming Uses and Buildings § 194-119. General. § 194-120. Continuance of nonconforming uses. § 194-121. Nonconforming buildings. § 194-122. Changes. § 194-123. Enlargements or extensions. § 194-124. Alterations. § 194-125. Discontinuance. § 194-126. Restoration. § 194-127. Removal. § 194-128. Completion of building under construction. § 194-129. Existing special permit uses. § 194-130. Undersized lots. § 194-131. Lots in approved subdivisions. [Amended 3-28-1985 by L.L. No. 2-1985] § 194-132. Site plan required. Part 3, Administrative Provisions ARTICLE XVI, Enforcement § 194-133. General. § 194-134. Enforcement officer. § 194-135. Filing of administrative decisions.EN § 194-136. Inspections; notices of violation. § 194-137. Reports. ARTICLE XVII, Building PermitsEN § 194-138. Permit required. § 194-139. Application for permit. § 194-140. Fees. § 194-141. Expiration of permits. § 194-142. Records. ARTICLE XVIII, Certificates of Occupancy § 194-143. Certificates of occupancy required. § 194-144. Application for certificate. § 194-145. Temporary certificates of occupancy. [Amended 9-8-1977 by L.L. No. 7-1977] § 194-146. Records. ARTICLE XIX, Board of Appeals § 194-147. Appointment; rules of conduct and procedure.EN § 194-148. Powers and duties. § 194-149. Training requirements. [Added 6-24-1993 by L.L. No. 2-1993] § 194-150. Interpretation. § 194-151. Special permits. [Amended 6-14-2001 by L.L. No. 3-2001] § 194-152. Variances. [Amended 9-8-1977 by L.L. No. 7-1977; 6-14-2001 by L.L. No. 3-2001] § 194-153. Procedure. ARTICLE XX, Amendments § 194-154. General power of Town Board. [Amended 8-11-1994 by L.L. No. 5-1994] § 194-155. Advisory report by Planning Board. § 194-156. Referral to Dutchess County Department of Planning and Development. [Amended 8-11-1994 by L.L. No. 5-1994] § 194-156.1. Consideration of Greenway Connections. [Added 11-14-2002 by L.L. No. 1-2002] § 194-157. Fee. [Amended 9-8-1977 by L.L. No. 7-1977] ARTICLE XXI, Interpretation and Application § 194-158. General. § 194-159. Relation to other regulations. § 194-160. Effect on public properties. § 194-161. Effect on public utilities. [Amended 6-11-1998 by L.L. No. 5-1998] ARTICLE XXII, Violations § 194-162. Penalties for offenses. [Amended 9-13-1990 by L.L. No. 6-1990] § 194-163. Complaints of violations. ARTICLE XXIII, Affordable Housing [Added 11-14-2002 by L.L. No. 3-2002EN] § 194-164. Affordable Housing. TABLE OF ZONING MAP AMENDMENTS SCHEDULE OF PERMITTED USES Schedule of Bulk Regulations Off-Street Parking Schedule Off-Street Parking Standards APPENDIX Chapter A197, HIGHWAY SPECIFICATIONS ARTICLE I, Procedures § A197-10. General. § A197-11. Preparation and submission of road or improvement plan. § A197-12. Construction and inspection. § A197-13. Maintenance. § A197-14. Dedication. § A197-15. (Reserved). § A197-16. (Reserved). § A197-17. (Reserved). § A197-18. (Reserved). § A197-19. (Reserved). ARTICLE II, Highway Design Specifications § A197-20. Guidelines, applicability and planning. § A197-21. Classes and right-of-way. § A197-22. Vertical alignment. § A197-23. Horizontal alignment. [Amended 11-14-2002 by L.L. No. 5-2002] § A197-24. Combination alignment. § A197-25. Intersections. § A197-26. Turning circles. § A197-27. Sight distance. § A197-28. (Reserved). § A197-29. (Reserved). ARTICLE III, Grading and Paving Construction Specifications § A197-30. Right-of-way and construction layout. § A197-31. Clearing and grubbing. § A197-32. Rough grading. § A197-33. Subgrade. § A197-34. Fine grading of subgrade. § A197-35. Foundation course. § A197-36. Asphalt cement concrete (plant mix). § A197-37. Bituminous surface treatment (double course). § A197-38. Restoration of disturbed areas within a right-of-way or easement. § A197-39. (Reserved). ARTICLE IV, Drainage Design Specifications § A197-40. Drainage report and plans. § A197-41. Drainage easements. § A197-42. Pipe. § A197-43. Treatment of culvert ends. § A197-44. Underdrains. § A197-45. Catch basins and manholes. § A197-46. Open ditches or swales. § A197-47. Detention or retention ponds. § A197-48. (Reserved). § A197-49. (Reserved). ARTICLE V, Drainage Materials Specifications § A197-50. Pipe. § A197-51. Catch basins. § A197-52. Manholes. § A197-53. Steps. § A197-54. Rip-rap. § A197-55. Child resistant grillage. § A197-56. (Reserved). § A197-57. (Reserved). § A197-58. (Reserved). § A197-59. (Reserved). ARTICLE VI, Drainage Installation Specifications § A197-60. Additional drainage facilities. § A197-61. Trench excavation and backfill. § A197-62. Pipe laying. § A197-63. Catch basin and manhole installation. § A197-64. Ditches and swales. § A197-65. Rip-rap. § A197-66. (Reserved). § A197-67. (Reserved). § A197-68. (Reserved). § A197-69. (Reserved). ARTICLE VII, Other Features: Design, Material and Construction Specifications § A197-70. Curbs. § A197-71. Sidewalks. § A197-72. Monuments. § A197-73. Guiderail. § A197-74. Traffic signs and road name signs. § A197-75. House drains. § A197-76. Driveways. § A197-77. Stop bar and striping. § A197-78. Bridge/underpass/overpass. § A197-79. Detour/road closure. ARTICLE VIII, Soil Erosion and Sediment Control Including Dust Control § A197-80. Procedure. § A197-81. Vegetative control measures. § A197-82. Structural control measures. § A197-83. Dust control. § A197-84. (Reserved). § A197-85. (Reserved). § A197-86. (Reserved). § A197-87. (Reserved). § A197-88. (Reserved). § A197-89. (Reserved). Appendix 1 Summary of Highway Specifications Appendix 2 Subdivision Road and Related Public Improvement Engineer's Certification Form I Appendix 3 Subdivision Road and Related Public Improvement Engineer's Certification Form II Figures II-1 to VII-13 NOTE ARTICLE IX, Requirements Relating to Other Portions of the Town Code (Not under the jurisdiction of the Highway Superintendent) § A197-90. Securities.EN § A197-91. Timely completion.EN § A197-92. Fire safety measures.EN § A197-93. Trees and landscaping.EN § A197-94. Building permits.EN § A197-95. Certificate of occupancy.EN Attachment 1 Table 1 Rates for Computing Amount of Performance Bond Attachment 2 Plot Plan Requirements Attachment 3 Attachment IX-1, Intermediate Turnaround Attachment IX-2, Fire Truck Pad DISPOSITION LIST _________________________ PREFACE   The Town of East Fishkill has, over the years, passed through a process of legislative change common to many American communities. While only a few simple laws were necessary at the time of the establishment of the town, subsequent growth of the community, together with the complexity of modern life, has created the need for new and more detailed legislation for the proper function and government of the town. The recording of local law is an aspect of municipal history, and as the community develops and changes, review and revision of old laws and consideration of new laws, in the light of current trends, must keep pace. The orderly collection of these records is an important step in this ever-continuing process. Legislation must be more than mere chronological enactments reposing in the pages of old records. It must be available and logically arranged for convenient use and must be kept up-to-date. It was with thoughts such as these in mind that the Town Board ordered the following codification of the town's legislation. Contents of Code   The various chapters of the Code contain all currently effective legislation of a general and permanent nature enacted by the Town Board of the Town of East Fishkill, including revisions or amendments to existing legislation deemed necessary by the Town Board in the course of the codification. Division of Code   The Code is divided into parts. Part I, Administrative Legislation, contains all town legislation of an administrative nature, namely, that dealing with the administration of government, that establishing or regulating municipal departments and that affecting officers and employees of the municipal government and its departments. Part II, General Legislation, contains all other town legislation of a regulatory nature. Items of legislation in this part generally impose penalties for violation of their provisions, whereas those in Part I do not. Grouping of Legislation and Arrangement of Chapters   The various items of legislation are organized into chapters, their order being an alphabetical progression from one subject to another. Wherever there are two or more items of legislation dealing with the same subject, they are combined into a single chapter. Thus, for example, all legislation pertaining to the regulation of streets and sidewalks may be found in Part II, in the chapter entitled "Streets and Sidewalks." In such chapters, use of article or part designations has preserved the identity of the individual items of legislation. Table of Contents   The Table of Contents details the alphabetical arrangement of material by chapter as a means of identifying specific areas of legislation. Wherever two or more items of legislation have been combined by the editor into a single chapter, titles of the several articles are listed beneath the chapter title in order to facilitate the location of the individual item of legislation. Reserved Chapters   Space has been provided in the Code for the convenient insertion, alphabetically, of later enactments. In the Table of Contents such space appears as chapters entitled "(Reserved)." In the body of the Code, reserved space is provided by breaks in the page-numbering sequence between chapters. Pagination   A unique page-numbering system has been used, in which each chapter forms an autonomous unit. One hundred pages have been allotted to each chapter, and the first page of each is the number of that chapter followed by the numerals "01." Thus, Chapter 6 begins on page 601, Chapter 53 on page 5301, etc. By use of this system, it is possible to add or to change pages in any chapter without affecting the sequence of subsequent pages in other chapters, and to insert new chapters without affecting the existing organization. Numbering of Sections _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PREFACE     A chapter-related section-numbering system is employed, in which each section of every item of legislation is assigned a number which indicates both the number of the chapter in which the legislation is located and the location of the section within that chapter. Thus, the first section of Chapter 6 is § 6-1, while the fourth section of Chapter 53 is § 53-4. New sections can then be added between existing sections using a decimal system. Thus, for example, if two sections were to be added between §§ 53-4 and 53-5, they would be numbered as §§ 53-4.1 and 53-4.2. Scheme   The Scheme is the list of section titles which precedes the text of each chapter. These titles are carefully written so that, taken together, they may be considered as a summary of the content of the chapter. Taken separately, each describes the content of a particular section. For ease and precision of reference, the Scheme titles are repeated as section headings in the text. Histories   At the end of the Scheme in each chapter is located the legislative history for that chapter. This History indicates the specific legislative source from which the chapter was derived, including the enactment number (e.g., ordinance number, local law number, bylaw number, resolution number, etc.), if pertinent, and the date of adoption. In the case of chapters containing parts or articles derived from more than one item of legislation, the source of each part or article is indicated in the text, under its title. Amendments to individual sections or subsections are indicated by histories where appropriate in the text. Codification Amendments and Revisions   New chapters adopted during the process of codification are specifically enumerated in chapter Histories with reference to "Ch. 1, General Provisions," where the legislation adopting this Code and making such revisions will appear after final enactment. Sections amended or revised are indicated in the text by means of Editor's Notes referring to the chapter cited above. General References; Editor's Notes   In each chapter containing material related to other chapters in the Code, a table of General References is included to direct the reader's attention to such related chapters. Editor's Notes are used in the text to provide supplementary information and cross-references to related provisions in other chapters. Appendix   Certain forms of local legislation are not of a nature suitable for inclusion in the main body of the Code but are of such significance that their application is community-wide or their provisions are germane to the conduct of municipal government. The Appendix of this Code is reserved for such legislation and for any other material that the community may wish to include. Disposition List   The Disposition List is a chronological listing of legislation adopted since the publication of the Code, indicating its inclusion in the Code or the reason for its exclusion. The Disposition List will be updated with each supplement to the Code to include the legislation reviewed with said supplement. Index   The Index is a guide to information. Since it is likely that this Code will be used by persons without formal legal training, the Index has been formulated to enable such persons to locate a particular section quickly. Each section of each chapter has been indexed. The Index will be supplemented and revised from time to time as new legislation is added to the Code. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PREFACE   Instructions for Amending the Code   All changes to the Code, whether they are amendments, deletions or complete new additions, should be adopted as amending the Code. In doing so, existing material that is not being substantively altered should not be renumbered.   Adding new sections. Where new sections are to be added to a chapter, they can be added at the end of the existing material (continuing the numbering sequence) or inserted between existing sections as decimal numbers (e.g., a new section between §§ 65-5 and 65-6 should be designated § 65-5.1).   Adding new chapters. New chapters should be added in the proper alphabetical sequence in the appropriate division or part (e.g., Part I, Administrative Legislation, or Part II, General Legislation), utilizing the reserved chapter numbers. New chapter titles should begin with the key word for the alphabetical listing (e.g., new legislation on abandoned vehicles should be titled "Vehicles, Abandoned" under "V" in the table of contents, and a new enactment on coin-operated amusement devices should be "Amusement Devices" or "Amusement Devices, Coin-Operated" under "A" in the table of contents). Where a reserved number is not available, an "A" chapter should be used (e.g., a new chapter to be included between Chapters 166 and 167 should be designated Chapter 166A).   Adding new articles. New articles may be inserted between existing articles in a chapter (e.g., adding a new district to the Zoning Regulations) by the use of "A" articles (e.g., a new article to be included between Articles XVI and XVII should be designated Article XVIA). The section numbers would be as indicated above (e.g., if the new Article XVIA contains six sections and existing Article XVI ends with § 166-30 and Article XVII begins with § 166-31, Article XVIA should contain §§ 166-30.1 through 166-30.6). NOTE: In chapters where articles appear on the Table of Contents, simply add new articles to the end of the chapter since they are not arranged by subject matter. Supplementation   Supplementation of the Code will follow the adoption of new legislation. New legislation or amendments to existing legislation will be included and repeals will be indicated as soon as possible after passage. Supplemental pages should be inserted as soon as they are received and old pages removed, in accordance with the Instruction Page which accompanies each supplement. Acknowledgment   The assistance of the town officials is gratefully acknowledged by the editor. The codification of the legislation of the Town of East Fishkill reflects an appreciation of the needs of a progressive and expanding community. As in many other municipalities, officials are faced with fundamental changes involving nearly every facet of community life. Problems increase in number and complexity and range in importance from everyday details to crucial areas of civic planning. It is the profound conviction of General Code Publishers Corp. that this Code will contribute significantly to the efficient administration of local government. As Samuel Johnson observed, "The law is the last result of human wisdom acting upon human experience for the benefit of the public." PART I ADMINISTRATIVE LEGISLATION Chapter 1, GENERAL PROVISIONS [HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.] ARTICLE I, Adoption of Code [Adopted 6-14-2001 by L.L. No. 3-2001] § 1-1. Title.   This law shall be known as "A Local Law to Provide for the Codification of the Local Laws, Ordinances, and Certain Resolutions of the Town of East Fishkill into a Municipal Code to be Designated the `Code of the Town of East Fishkill,' and Making Certain Amendments Thereto." _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 1, GENERAL PROVISIONS                 ARTICLE I, Adoption of Code [Adopted 6-14-2001 by L.L.  No. 3-2001]                     § 1-2. Legislative intent.   § 1-2. Legislative intent.   It is important that the current laws, ordinances and resolutions of the Town of East Fishkill exist in a format where town officials and the public may readily have access to them. To this end, the Town Board has researched the current status of the various enactments of the town, to assemble a current compilation, to update provisions in accordance with state law amendments and other changes in applicable law; to add certain provisions where needed; and to eliminate unneeded or duplicative regulations. The Board has also undertaken an analysis under SEQR of the environmental impacts of the codification process. The proposed codification has been compiled by General Code Publishers and presented for adoption. Accordingly, it is the purpose of this local law to enact the codification of all of the current laws, ordinances and resolutions of the Town of East Fishkill; to enact appropriate additions and amendments thereto; and to repeal unneeded laws and regulations. § 1-3. Adoption of Code; correction of references.   In accordance with § 20(3) of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of East Fishkill, as amended by this local law, shall hereafter be known collectively as the "Code of the Town of East Fishkill" (hereafter referred to as "the Code.") The proposed Code has been prepared by General Code Publishers Corp., dated 2001, is now on file in the Town Clerk's office and consists of Chapters 1 through 194, together with an Appendix. Wherever the Code refers to any local law, ordinance or resolution appearing in said Code, such reference shall be deemed changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such local law, ordinance or resolution had been formally amended to so read. § 1-4. Copy of Code on file.   A certified copy of the Code as adopted shall be filed in the office of the Town Clerk, and shall remain on file in the office of the Town Clerk. § 1-5. Changes in previously adopted legislation; new provisions.   The following amendments and modifications are hereby made in the several laws, ordinances and resolutions now being codified, to become effective upon the same effective date as the codification. Chapter and section number references are to the local laws, ordinances and resolutions as they have been renumbered and appear in the Code. EN § 1-6. Minor nonsubstantive changes.   In addition to the specific amendments set forth in this local law, the process of codification may have resulted in one or more grammatical, numbering, pagination or other nonsubstantive changes in text, but no change in the meaning or intent of such text is intended. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the affected local laws, ordinances and resolutions had been previously formally amended to read as such. § 1-7. Continuation of existing provisions.   The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the original or amended local law, ordinance or resolution, which is being continued in the Code. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as they appear in said Code. § 1-8. Repeal of enactments not included in Code; exceptions.   All local laws and ordinances of a general and permanent nature of the Town of East Fishkill in force on the date of the adoption of this local law and not contained in the Code adopted by this local law, or otherwise recognized and continued in force by reference in this local law, are hereby repealed as of the effective date of this local law, with the exception of the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal: A.Any right or liability established, accrued or incurred under any legislative provision of the Town of East Fishkill prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 1, GENERAL PROVISIONS                 ARTICLE I, Adoption of Code [Adopted 6-14-2001 by L.L.  No. 3-2001]                     § 1-8. Repeal of enactments not included in Code;  exceptions.   B.Any offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Town of East Fishkill or any penalty, punishment or forfeiture which may result therefrom. C.Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this local law brought pursuant to any legislative provision of the Town of East Fishkill. D.Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of East Fishkill. E.Any local law or ordinance of the Town of East Fishkill providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Town of East Fishkill or any portion thereof. F.Any local law or ordinance of the Town of East Fishkill appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Town of East Fishkill or other instruments or evidence of the town's indebtedness. G.Local laws or ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation. H.The levy or imposition of special assessments or charges. I.The annexation or dedication of property. J.Any local law or ordinance relating to salaries and compensation. K.Any local law or ordinance amending the Zoning Map. L.Any local law or ordinance relating to or establishing a pension plan or pension fund for town employees. M.Any local law or ordinance or portion of a local law or ordinance establishing a specific fee amount for any license, permit or service obtained from the town. N.Any local law adopted subsequent to 9-26-2000. O.Local laws regarding Economic Development Zones. P.Legislation regarding highway specifications for the town. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 1, GENERAL PROVISIONS                 ARTICLE I, Adoption of Code [Adopted 6-14-2001 by L.L.  No. 3-2001]                     § 1-9. Sale of Code book; supplementation.   § 1-9. Sale of Code book; supplementation.   The Town Clerk may make available copies of the Code, or any chapter or portion of it, to the public for sale upon the payment of a fee to be set periodically by resolution of the Town Board. The Town Board may also arrange for procedures for the periodic supplementation of the Code. § 1-10. Future amendments to Code.   The local laws, ordinances and resolutions know collectively as the "Code of the Town of East Fishkill" may be amended, deleted or changed from time to time as the Town Board deems desirable. Any and all additions, deletions, amendments or supplements, or any new local laws, ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the Town Board to be a part of the Code, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they may thereafter be printed and inserted in the loose-leaf book containing said Code as amendments and supplements thereto. § 1-11. Incorporation of provisions of this local law into Code.   The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Town of East Fishkill, such local law to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-1 to 1-13, inclusive. The specific amendments contained in § 1-5 shall be included, in their appropriate place, in the text of the Code, but shall not be repeated in Article I of Chapter 1 of the Code. § 1-12. When effective.   This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. § 1-13. Severability.   If any clause, sentence, paragraph, section, article, chapter or part of this local law or of any local law, ordinance or resolution included in this Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered.   Chapter 8, CONSERVATION ADVISORY COUNCIL [HISTORY: Adopted by the Town Board of the Town of East Fishkill 8-8-1974 as Ch. 5 of the 1974 Code. Amendments noted where applicable.] § 8-1. Statutory authority; legislative intent.   Inasmuch as Article 12-F, § 239-x, of the General Municipal Law of the State of New York provides for the creation of a local conservation agency by any city, town or village, with said agency being considered as advisory in its relation to the local legislative body, the Town Board hereby recognizes and supports the need for such an agency in order to ensure the wise use of the town's natural resources and the enhancement and protection of its environment. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 8, CONSERVATION ADVISORY COUNCIL                     § 8-2. Establishment; members.   § 8-2. Establishment; members.   On the basis of powers granted to it in Article 12-F, § 239-x, of the General Municipal Law of the State of New York, the town hereby decrees the establishment of the Town Conservation Advisory Council. The Council shall consist of not less than five members nor more than nine members, each to serve a term of two years and who shall be appointed without compensation. § 8-3. Responsibilities.   Within its advisory capacity, said agency shall have the responsibility to: A.Advise the Town Board on matters affecting the preservation, quality and use of the natural resources and environment of the Town of East Fishkill. B.Develop and conduct, with the Town Board's approval, a program of public information designed to foster in the community an understanding of environmental problems and issues and support for their resolutions. C.Conduct studies, surveys and inventories of the natural and man-made features within the Town of East Fishkill and such other studies as may be necessary to ensure the wise use of natural resources and to enhance and protect the environment. D.Maintain an up-to-date inventory or index of all open land and wetland areas in public or private ownership within the town so as to provide a base of information for recommendations as to their preservation and/or use. E.Seek to coordinate and maintain liaison with public agencies and private groups whose programs and activities have an impact on the quality of the environment or who can provide needed assistance. F.Work in close cooperation wherever possible with the Town Planning Board and Town Recreation Commission. G.Carry out such other duties as may be assigned from time to time by the Town Board. H.Maintain accurate records of meetings and activities and submit an annual report of such activities to the Town Board by the 31st of December of each year.   Chapter 15, ETHICS, CODE OF [HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 15, ETHICS, CODE OF                 ARTICLE I, Code of Ethics [Adopted 8-8-1974 as Ch. 8,  Art. I, of the 1974 Code]   ARTICLE I, Code of Ethics [Adopted 8-8-1974 as Ch. 8, Art. I, of the 1974 Code] § 15-1. Statutory authority; purpose.   Pursuant to the provisions of § 806 of the General Municipal Law, the Town Board of the Town of East Fishkill recognizes that there are rules of ethical conduct for public officers and employees which must be observed if a high degree of moral conduct is to be obtained and if public confidence is to be maintained in our unit of local government. It is the purpose of this article to promulgate these rules of ethical conduct for the officers and employees of the Town of East Fishkill. These rules shall serve as a guide for official conduct of the officers and employees of the Town of East Fishkill. The rules of ethical conduct of this article, as adopted, shall not conflict with, but shall be in addition to, any prohibition of Article 18 of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees. § 15-2. Definitions. EN   As used in this article, the following terms shall have the meanings indicated: INTEREST -- A direct or indirect pecuniary or material benefit accruing to a municipal officer or employee as the result of a contract with the municipality which such officer or employee serves. For the purposes of this chapter, a municipal officer or employee shall be deemed to have an "interest" in the contract of: A.His spouse, minor children and dependents, except a contract of employment with the municipality which such officer or employee serves. B.A firm, partnership or association of which such officer or employee is a member or employee. C.A corporation of which such officer or employee is an officer, director or employee. D.A corporation, any stock of which is owned or controlled directly or indirectly by such officer or employee. TOWN OFFICER OR EMPLOYEE -- An officer or employee of the Town of East Fishkill, whether paid or unpaid, including members of any administrative board, commission or other agency thereof. No person shall be deemed to be a municipal officer or employee solely by reason of being a volunteer fireman or civil defense volunteer, except a fire chief or assistant fire chief. § 15-3. Standards of conduct.   Every officer or employee of the Town of East Fishkill shall be subject to and abide by the following standards of conduct: A.Gifts. He shall not, directly or indirectly, solicit any gift, or accept or receive any gift having a value of $75 or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him, or could reasonably be expected to influence him, in the performance of his official duties, or was intended as a reward for any official action on his part.EN B.Confidential information. He shall not disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interest. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 15, ETHICS, CODE OF                 ARTICLE I, Code of Ethics [Adopted 8-8-1974 as Ch. 8,  Art. I, of the 1974 Code]                     § 15-3. Standards of conduct.   C.Representation before one's own agency. He shall not receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any municipal agency of which he is an officer, member or employee or any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee. D.Representation before any agency for a contingent fee. He shall not receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any agency of this municipality, whereby his compensation is to be dependent or contingent upon any action by such agency with respect to such matter, provided that this subsection shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered. E.Disclosure of interest in legislation. To the extent that he knows thereof, a member of the Town Board and any officer or employee of the Town of East Fishkill, whether paid or unpaid, who participates in the discussion or gives official opinion to the Town Board on any legislation before the Town Board shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he has in such legislation. F.Investments in conflict with official duties. He shall not invest or hold any investment, directly or indirectly, in any financial, business, commercial or other private transaction which creates a conflict with his official duties. G.Private employment. He shall not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of his official duties. H.Future employment. He shall not, after the termination of service or employment with such municipality, appear before any board or agency of the Town of East Fishkill in relation to any case, proceeding or application in which he personally participated during the period of his service or employment or which was under his active consideration. § 15-4. Effect of code on certain rights.   Nothing herein shall be deemed to bar or prevent the timely filing by a present or former municipal officer or employee of any claim, account, demand or suit against the Town of East Fishkill or any agency thereof, on behalf of himself or any member of his family, arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law. § 15-5. Distribution of code. EN   The Town Board of the Town of East Fishkill shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the town within 10 days after the effective date of this article. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his office or employment. Failure of the Town Board to distribute any copy of the Code of Ethics or failure of any officer or employee to receive such copy shall have no effect on the duty of compliance with such code nor the enforcement of the provisions thereof. § 15-6. Penalties for offenses.   In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of this code may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law. ARTICLE II, Board of Ethics [Adopted 8-9-1984 by L.L. No. 5-1984] § 15-7. Board established; membership.   There is hereby established a Board of Ethics consisting of five members to be appointed by the Town Board, who shall serve without compensation and at the pleasure of the Town Board. A majority of such members shall be persons other than officers or employees of the Town of East Fishkill and at least one member shall be an elected or appointed officer or employee of the Town of East Fishkill. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 15, ETHICS, CODE OF                 ARTICLE II, Board of Ethics [Adopted 8-9-1984 by L.L. No.  5-1984]                     § 15-8. Powers and duties; function.   § 15-8. Powers and duties; function.   The Board of Ethics shall have the powers and duties prescribed by Article 18 of the General Municipal Law and shall render advisory opinions to the officers and employees of the Town of East Fishkill with respect to Article 18 of the General Municipal Law and the Code of Ethics adopted pursuant to such article. Such advisory opinion shall be rendered pursuant to the written request of any such officer or employee, under such rules and regulations as the Board may prescribe and shall have the advice of the Attorney to the Town. In addition, the Board may make recommendations with respect to the amendment of the Code of Ethics upon request of the Town Board.   Chapter 22, LOCAL LAWS, ADOPTION OF [HISTORY: Adopted by the Town Board of the Town of East Fishkill 8-8-1974 as Ch. 12 of the 1974 Code. Amendments noted where applicable.] § 22-1. Public hearing; notice.   No local law shall be adopted by the Town Board of the Town of East Fishkill until a public hearing has been held thereon in its final form before such Town Board not less than three nor more than 30 days after public notice has been given of the time and place of the holding of such public hearing. Such notice shall be given by the Town Clerk by causing the same to be published once in the official newspaper of the town. Such notice shall contain the title of the proposed local law and a brief explanatory statement thereof. § 22-2. Publication and posting of proposed local law; copies.   The Town Clerk shall cause to be printed or otherwise reproduced copies of such proposed local law and shall, not later than the day such notice is published, post one such copy, together with the notice of hearing, on the signboard at the Clerk's office, and shall also make copies of such proposed local law available at said office for inspection by and distribution to any interested person during business hours. § 22-3. Publication of local law as adopted.   The Town Clerk shall forthwith, upon the adoption of a local law by the Town Board, post a copy thereof on the signboard at the Clerk's office, and shall, within 10 days after such adoption, cause the local law or an abstract thereof describing the same in general terms to be published in the official newspaper of the town. § 22-4. Filing of proofs of publication.   Proof of publication of the notice of public hearing and proof of the posting and publication shall be filed in the office of the Town Clerk. § 22-5. Assignment of local law number.   Each local law shall be numbered consecutively, beginning with No. 1, for each calendar year. When a local law is finally adopted and certified copies thereof, as required by § 27 of the Municipal Home Rule Law, are filed in the office of the Town Clerk, the State Comptroller and the Secretary of State, the Town Clerk shall accordingly assign to such local law its appropriate number. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 22, LOCAL LAWS, ADOPTION OF                     § 22-5. Assignment of local law number.     Chapter 33, PLANNING BOARD [HISTORY: Adopted by the Town Board of the Town of East Fishkill 8-8-1974 as Ch. 19 of the 1974 Code. Amendments noted where applicable.] GENERAL REFERENCES Subdivision of land -- See Ch. 163. Zoning -- See Ch. 194. § 33-1. Employment of experts and staff; other expenses.   The Planning Board shall have the power and authority to employ experts and a staff and to pay for their services and such other expenses as may be necessary and proper, not exceeding the appropriations that may be hereinafter made for such Board. § 33-2. Adoption of rules and regulations.   The Planning Board may adopt rules and regulations in respect to procedure before it and in respect to any subject matter over which it has jurisdiction under this chapter or any statute after public hearing by such Board and subject to the approval of this Board. § 33-3. General powers and duties. [Amended 6-24-1993 by L.L. No. 2-1993 EN] A.The Planning Board shall exercise all powers conferred upon it by the provisions of the Town Law and Highway Law and shall pass upon all matters which may be referred to it from time to time by resolution of the Town Board.EN B.Training requirements. (1)Within the first two years after initial appointment, a Planning Board member shall attend a training program at an appropriate level relating to the duties of Planning Board members, approved in the manner herein provided. (2)All other Planning Board members shall attend training programs at an appropriate level during their term of office, approved in the manner herein provided. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 33, PLANNING BOARD                     § 33-3. General powers and duties. [Amended 6-24- 1993 by L.L. No. 2-1993   (3)After discussion and consultation with the Planning Board Chair, the Town Board shall establish, by resolution, a list of approved programs and the required minimum hours of attendance, to satisfy the requirements of Subsection B(1) and (2). The Town Board may, from time to time, modify and amend the list of approved programs by resolution, after discussion and consultation with the Planning Board Chair. (4)The Town Board shall chose programs which relate to the duties of Planning Board members. These may include courses, workshops or training programs sponsored by groups such as the New York State Association of Towns, the New York State Department of State or certified training providers, the New York State Department of Environmental Conservation, the Dutchess County Planning Federation, the Westchester County Planning Federation, the New York State Planning Federation, or other appropriate entities. (5)All training provided pursuant to this section shall be at town expense. (6)By December 31 of each year, members of the Planning Board shall file with the Town Clerk proof of attendance at any training programs required by this section. (7)Noncompliance with minimum requirements relating to training shall be deemed a proper cause for removal from office. A Planning Board member who fails to attend the programs as provided in this section and specified pursuant to the resolutions promulgated thereunder, shall be subject to removal following the procedures set forth in Town Law § 271. § 33-4. Filing of certificate of authority to approve plats.   The Town Clerk of the Town of East Fishkill shall file with the Clerk of the County of Dutchess a certificate certifying that the Planning Board of the Town of East Fishkill has been authorized to approve plats showing new streets or highways in accordance with the provisions of § 276, as amended, of the Town Law. § 33-5. Term of office. [Added 12-10-1992 by L.L. No. 8-1992; amended 6-24-1993 by L.L. No. 3-1993]   The Town Board shall appoint each of the seven members of the Planning Board for a term of four years. All appointments made after the effective date of this section shall be for a four-year term, except as follows: A.Planning Board members in office on the effective date of this section shall continue to hold office until the expiration of their current term, unless removed for cause after public hearing as provided by law. B.If a vacancy shall occur otherwise than by expiration of term, the Town Board shall fill such vacancy by an appointment for the unexpired term remaining. If such a vacancy occurs during the term of a person holding office on the effective date of this section, such remaining term may be longer than four years.   Chapter 40, RECORDS [HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.] ARTICLE I, Public Access [Adopted 7-10-1975 by L.L. No. 5-1975] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 40, RECORDS                 ARTICLE I, Public Access [Adopted 7-10-1975 by L.L. No.  5-1975]                     § 40-1. Purpose and scope.   § 40-1. Purpose and scope. A.The people's right to know the process of government decisionmaking and the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality. B.These regulations provide information concerning the procedures by which records may be obtained. C.Personnel shall furnish to the public the information and records required by the Freedom of Information Law and those which were furnished to the public prior to its enactment. EN § 40-2. Designation of records access officers; responsibilities. A.ENThe Supervisor of the Town of East Fishkill is responsible for ensuring compliance with the regulations herein and designates the following persons as records access officers in their respective areas of responsibility: (1)Town Clerk. (2)Receiver of Taxes. (3)Secretary to the Supervisor. (4)Secretary to the Highway Superintendent. (5)Secretary to the Planning Board. (6)Secretary to the Zoning Board of Appeals. (7)Clerk to the Justices. (8)Clerk to the Assessor. (9)Clerk to the Building and Zoning Administrator. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 40, RECORDS                 ARTICLE I, Public Access [Adopted 7-10-1975 by L.L. No.  5-1975]                     § 40-2. Designation of records access officers;  responsibilities.   (10)Clerk to the Police. (11)Financial Manager. (12)Chairman of Recreation Commission. (13)Chairman of Environmental Conservation Commission. (14)Dog Control Officer. B.Records access officers are responsible for ensuring appropriate agency response to public requests for access to records. However, the public shall not be denied access to records through officials who have in the past been authorized to make records of information available. Record access officers shall assure that personnel: (1)Maintain an up-to-date subject matter list. (2)Assist the requester in identifying requested records, if necessary. (3)Upon locating the records, take one of the following actions in accordance with § 40-6B: (a)Make records promptly available for inspection; or (b)Deny access to the records in whole or in part and explain in writing the reasons therefor. (4)Upon request for copies of records: (a)Make a copy available upon payment or offer to pay established fees, if any, in accordance with § 40-8; or (b)Permit the requester to copy those records. (5)Upon request, certify that a transcript is a true copy of records copied. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 40, RECORDS                 ARTICLE I, Public Access [Adopted 7-10-1975 by L.L. No.  5-1975]                     § 40-2. Designation of records access officers;  responsibilities.   (6)Upon failure to locate records, certify that: (a)The Town of East Fishkill is not the legal custodian for such records; or (b)The records of which the Town of East Fishkill is a legal custodian, after diligent search, cannot be found. § 40-3. Designation of fiscal officer; responsibilities. A.The Supervisor is designated the fiscal officer, who shall certify the payroll and respond to requests, in accordance with § 40-6B, for an itemized record setting forth the name, address, title and salary of every officer or employee of the agency. B.The fiscal officer shall make the payroll items listed above available to any person, including bona fide members of the news media, as required under the Freedom of Information Law. EN § 40-4. Location.   Records shall be available for public inspection and copying at the Town of East Fishkill Office Building, Route 376, Hopewell Junction, New York. § 40-5. Hours for public inspection.   Requests for public access to records shall be accepted and records produced during all hours regularly open for business. These hours are 9:00 a.m. to 4:00 p.m. § 40-6. Request procedure. A.Where a request for records is required, such request may be oral or in writing. However, written requests shall not be required for records that have been customarily available without written request. B.Time periods for response. (1)Except under extraordinary circumstances, officials shall respond to a request for records no more than five business days after receipt of the request, whether the request is oral or in writing. (2)If, because of extraordinary circumstances, more than five business days are required to respond to a request, receipt of the request shall be acknowledged within five business days after the request is received. The acknowledgment shall state the reason for delay and estimate the date when a reply will be made. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 40, RECORDS                 ARTICLE I, Public Access [Adopted 7-10-1975 by L.L. No.  5-1975]                     § 40-6. Request procedure.   C.A request for access to records should be sufficiently detailed to identify the records. Where possible, the requester should supply information regarding dates, titles, file designations or other information which may help identify the records. However, a request for any or all records falling within a specific category conforms to the standard that records be identifiable. D.Subject lists. (1)A current list, by subject matter, of all records produced, filed or first kept or promulgated after September 1, 1974, shall be available for public inspection and copying. The list shall be sufficiently detailed to permit the requester to identify the file category sought. (2)The subject matter list shall be updated periodically, and the date of the most recent updating shall appear on the first page. The updating of the subject matter list shall not be less than semiannual. E.No records may be removed by the requester from the office where the record is located without the permission of the Supervisor. § 40-7. Denial of access to records; appeals procedure. A.Denial of access to records shall be in writing stating the reason therefor and advising the requester of the right to appeal to the individual or body established to hear appeals. B.If requested records are not provided promptly, as required in § 40-6B of these regulations, such failure shall also be deemed a denial of access. C.The Town Board shall hear appeals for denial of access to records under the Freedom of Information Law. D.The time for deciding an appeal by the individual or body designated to hear appeals shall commence upon receipt of written appeal identifying: (1)The date of the appeal. (2)The date and location of the requests for records. (3)The records to which the requester was denied access. (4)Whether the denial of access was in writing or was by failure to provide records promptly as required by § 40-6B. (5)The name and return address of the requester. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 40, RECORDS                 ARTICLE I, Public Access [Adopted 7-10-1975 by L.L. No.  5-1975]                     § 40-7. Denial of access to records;  appeals procedure.   E.The individual or body designated to hear appeals shall inform the requester of its decision in writing within seven business days of receipt of an appeal. F.A final denial of access to a requested record, as provided for in Subsection E of this section, shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules. § 40-8. Fees. A.There shall be no fee charged for: (1)Inspection of records. (2)Search for records. (3)Any certification pursuant to this part. B.The fee for photocopies, not exceeding 81/2 x 14 inches, is $0.25 per page. § 40-9. Public notice.   A notice containing the job title or name and business address of the records access officers and fiscal officer; the name, job title, business address and telephone number of the appeal person or persons or body; and the location where records can be seen or copied, shall be posted in a conspicuous location wherever records are kept and/or published in a local newspaper of general circulation. ARTICLE II, Retention and Disposition [Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)] § 40-10. Standards adopted.   The Records Retention and Disposition Schedule MU-1, issued pursuant to Article 57-A of the Arts and Cultural Affairs Law and containing legal minimum retention periods for municipal government records, is hereby adopted for use by all municipal officers in disposing of municipal government records listed therein. § 40-11. Disposition.   In accordance with Article 57-A: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 40, RECORDS                 ARTICLE II,  Retention and Disposition [Adopted at time of adoption of Code (see Ch.  1, General Provisions, Art. I)]                     § 40-11. Disposition.   A.Only those records will be disposed of that are described in Records Retention and Disposition Schedule MU-1 after they have met the minimum retention period prescribed therein. B.Only those records will be disposed of that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond established time periods. PART II GENERAL LEGISLATION Chapter 58, ALCOHOLIC BEVERAGES [HISTORY: Adopted by the Town Board of the Town of East Fishkill 9-26-1985 by L.L. No. 9-1985. Amendments noted where applicable.] § 58-1. Title.   This chapter shall be entitled "A local law regulating the carrying and consumption of alcoholic beverages in public places." § 58-2. Legislative intent.   The Town of East Fishkill recognizes that the possession and carrying of open containers of alcoholic beverages in public places and the consumption of alcoholic beverages in public places must be adequately controlled so as to prevent public disorder, nuisances, littering and other acts and conditions detrimental to the health, safety and welfare of the residents of the Town of East Fishkill, and this chapter is intended to provide such control and regulations. § 58-3. Definitions.   As used herein, the following words shall have the meanings set forth below: ALCOHOLIC BEVERAGE -- Includes all such beverages as defined in § 3 of the Alcoholic Beverage Control Law of the State of New York. CONTAINER -- Any bottle, can, glass, cup or similar receptacle suitable for or used to hold any liquid. INTENT TO CONSUME -- Drinking from the container, with alcohol on the breath of the possessor and/or any circumstances evidencing an intent to ultimately consume on any public lands. EN OPEN CONTAINER -- A container, as defined herein, with the contents exposed to the atmosphere or the seal thereof broken.EN _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 58, ALCOHOLIC BEVERAGES                     § 58-3. Definitions.   PUBLIC PLACE -- Any highway, street, sidewalk, park, playground, parking lot, place of amusement, shopping center, mall, or any other public place to which the public or a substantial group of persons has access. "Public Place" shall not include any place or premises wherein the use and consumption of alcoholic beverages is specifically authorized pursuant to a license or permit issued under the Alcoholic Beverage Control Law of the State of New York, or by the Public Service Commission or Interstate Commerce Commission. TOWN -- The Town of East Fishkill, New York, as its boundaries now are, or may hereinafter become, fixed and determined. § 58-4. Prohibition. A.No person shall drink, consume or ingest any alcoholic beverage in any public place within the Town of East Fishkill. B.No person shall carry, hold or possess, or otherwise have in his or her possession, with intent to consume the same, any open, unsealed, resealed or partially full bottle, can or container containing any alcoholic beverage in a public place within the Town of East Fishkill. EN § 58-5. Exception.   The foregoing prohibition shall not apply to persons actually attending a community gathering, function or event for which a permit has been issued by the Town of East Fishkill.EN § 58-6. Penalties for offenses.   Any person committing an offense against any of the provisions of this chapter shall be guilty of a violation under the Penal Law, and, upon conviction thereof, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.   Chapter 63, ANIMALS [HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.] ARTICLE I, Dogs [Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)] § 63-1. Purpose.   The Town Board of the Town of East Fishkill finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs have caused physical harm to persons, damage to property and have created nuisances within the town. The purpose of this article is to protect the health, safety and well-being of persons and property by imposing restrictions on the keeping and running at large of dogs within the town. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 63, ANIMALS                 ARTICLE I,  Dogs [Adopted at time of adoption of Code (see Ch. 1,  General Provisions, Art. I)]                     § 63-2. Statutory authority.   § 63-2. Statutory authority.   This article is enacted pursuant to the provisions of § 124 of the Agriculture and Markets Law of the State of New York. § 63-3. Title.   The title of this article shall be "Dog Control Law of the Town of East Fishkill." § 63-4. Definitions.   As used in this article, the following terms shall have the meanings indicated: ADEQUATE -- Sufficient for age, size and number of dogs on the premises. AGRICULTURE AND MARKETS LAW -- The Agriculture and Markets Law of the State of New York in effect as of the effective date of this article, as amended by this article and as amended thereafter. CONFINED -- That such animal is securely confined or restrained or kept on the owner's premises, either within a building, kennel or other suitable enclosure or is securely fastened on a chain, wire or other effective tether of such length and so arranged that the animal cannot reach or endanger any person on any adjacent premises or on any public street, way or place, or, if the animal is being transported by the owner, that it is securely confined in a crate or other container or so restrained in a vehicle that it cannot be expected to escape therefrom. DOG -- Male and female, licensed and unlicensed, member of the species canis familiaris. DOG CONTROL OFFICER -- Any person authorized from time to time to enforce the provisions of this article or the provisions of the Agriculture and Markets Law of the State of New York. DOMESTIC ANIMAL -- Any domesticated sheep, horse, cattle, goat, swine, fowl, duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird which is raised in confinement under license from the state Department of Environmental Conservation before release from captivity, except that the varieties of fowl commonly used for cock fights shall not be considered domestic animals for the purposes of this article. GUIDE DOG -- Any dog that is trained to aid a person who is blind and is actually used for such purpose, or any dog owned by a recognized guide dog training center located within the town during the period such dog is being trained or bred for such purpose. HEARING DOG -- Any dog that is trained to aid a person with a hearing impairment and is actually used for such purpose, or any dog owned by a recognized training center located within the town during the period such dog is being trained or bred for such purpose. OWNER -- The party purchasing the license unless the dog is or has been lost, and such loss reported to the Dog Control Officer and reasonable search has been made. If an animal is not licensed, the term "owner" shall designate and cover any person or persons, firm, association or corporation who or which at any time owns or has custody or control of, harbors or is otherwise responsible for any animal which is kept, brought or comes within the town. Any person owning or harboring a dog for a period of one week prior to the filing of any complaint charging a violation of this article shall be deemed to be an owner of such dog. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 63, ANIMALS                 ARTICLE I,  Dogs [Adopted at time of adoption of Code (see Ch. 1,  General Provisions, Art. I)]                     § 63-4. Definitions.   PERSON -- Any individual, corporation, partnership, association or other organized group of persons, municipality or other legal entity. PERSON WITH A DISABILITY -- Any person with a physical impairment which is permanent and severely limits such person's mobility or a person who is unable to ambulate without the aid of a wheelchair or other prosthetic device. POLICE WORK DOG -- Any dog owned or harbored by any state or municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes. RUN AT LARGE -- To be an unleashed dog off of the premises of the owner. SERVICE DOG -- Any dog that is trained to aid a person with a disability and is actually used for such purpose, or any dog owned by a recognized training center located within the town during the period such dog is being trained or bred for such purpose. TOWN -- The area within the corporate limits of the Town of East Fishkill. § 63-5. License required; fees. A.[Amended 6-14-2001 by L.L. No. 3-2001] Pursuant to §§ 107, 108, 109 and 110 of Article 7 of the Agriculture and Markets Law, no person shall own or harbor a dog unless such dog is licensed. Such license shall be renewed annually at fees as set forth below: (1)Two dollars and fifty cents statutory fee, plus $5.50 local fee for each spayed or neutered dog. (2)Ten dollars and fifty cents statutory fee, plus $5.50 local fee for each unspayed or unneutered dog over the age of six months. The fee for unspayed or unneutered dogs less than six months old shall be $7.50 statutory fee, plus $5.50 local fee. (3)There shall be no fee for any license issued for a guide dog, hearing dog, service dog, war dog or police work dog. Each copy of any license for such dogs shall be conspicuously marked "Guide Dog," "Hearing Dog," "Service Dog," "War Dog" or "Police Dog," as may be appropriate, by the Clerk or authorized dog control officer. B.The application shall state the following: (1)Sex. (2)Actual or approximate age. (3)Breed. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 63, ANIMALS                 ARTICLE I,  Dogs [Adopted at time of adoption of Code (see Ch. 1,  General Provisions, Art. I)]                     § 63-5. License required; fees.   (4)Color. (5)Official identification marks, if any. (6)Name, address and telephone number of owner. C.The application shall be accompanied by the license fee and a certificate of rabies vaccination or statement in lieu thereof. D.In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian or an affidavit signed by the owner, showing that the dog has been spayed or neutered, provided such certificate or affidavit shall not be required if the same is already on file with the clerk or authorized Dog Control Officer. In lieu of the spay or neuter certificate an owner may present a statement certified by a licensed veterinarian stating that he has examined the dog and found that because of old age or other reason, the life of the dog would be endangered by spaying or neutering. In such case, the license fee for the dog shall be same as for a spayed or neutered dog as set forth in § 63-5. E.Upon validation by the clerk or authorized Dog Control Officer, the application shall become a license for the dog described therein. Once an application has been validated, no refund therefor shall be made. F.The clerk or authorized Dog Control Officer shall: (1)Provide a copy of the license to the owner; (2)Send, within 48 hours of validation, a copy of the license to the state; and (3)Retain a copy in the manner prescribed by the state. G.No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog. § 63-6. Tag required.   All dogs required to be licensed must wear a tag attached to a collar. No dog shall be permitted to be without a collar and a tag. All untagged dogs shall be subject to seizure and confinement by the Dog Control Officer, except for dogs which are in the field with a hunter during hunting season or for the purpose of being trained for hunting. § 63-7. Female dogs.   Any female dog in heat shall be confined within a protected enclosure on the premises of the owner or person harboring said dog. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 63, ANIMALS                 ARTICLE I,  Dogs [Adopted at time of adoption of Code (see Ch. 1,  General Provisions, Art. I)]                     § 63-8. Adequate shelter required.   § 63-8. Adequate shelter required.   All premises occupied or used by dogs shall be kept in a clean, sanitary condition. Failure to provide adequate food, water or shelter shall be a violation and a dog may be seized in accordance with § 63-12. § 63-9. Restrictions. A.It shall be unlawful for any owner of any dog in the Town of East Fishkill to permit or allow such dog to: (1)Run at large unless the dog is restrained by an adequate leash or unless it is accompanied by its owner or a responsible person able to control it by command. For the purpose of this article, a dog or dogs hunting in company of a hunter or hunters shall be considered as accompanied by its owner. (2)Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog. (3)Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or other property not belonging to the owner of such dog. (4)Chase, bite, jump upon or at or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury. (5)Habitually chase, run alongside of or bark at vehicles or bicyclists while on a public street or highway or upon public or private property other than property of the owner or other person in control of said dog. (6)Cause damage or destruction to private or public property or create a nuisance by defecating, urinating or digging on public or private property, other than property of the owner or other person in control of the dog. (7)Kill or injure any domestic animal. B.Establishment of the fact or facts that the owner of a dog has allowed or permitted such dog to commit any of the acts prohibited by Subsection A of this section shall be presumptive evidence against the owner or harborer of such dog that he has failed to properly confine, leash or control his dog. § 63-10. Rabies inoculations.   No one in the Town of East Fishkill shall harbor a dog unless the same has been inoculated against rabies, and upon the request of a Town Justice or Dog Control Officer, such person shall produce a certificate confirming the inoculation. § 63-11. Enforcement official. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 63, ANIMALS                 ARTICLE I,  Dogs [Adopted at time of adoption of Code (see Ch. 1,  General Provisions, Art. I)]                     § 63-11. Enforcement official.     This article shall be enforced by a Dog Control Officer, as defined herein. § 63-12. Seizure of dogs; redemption; disposition of unclaimed dogs. A.Any dog in violation of this article or of § 118 of the Agriculture and Markets Law may be seized by any Dog Control Officer, as defined herein, and such dog shall be impounded and disposed of in accordance with the provisions of Article 7 or other applicable provisions of the Agriculture and Markets Law. B.No person shall hinder, resist or oppose the Dog Control Officer or other person authorized to administer and enforce the provisions of this article in the performance of the person's duties pursuant to this article. C.After any such seizure, the record owner of such dog or an adult member of his family, if the owner is ascertainable from the dog's license tag, shall be notified personally or by regular mail that the dog has been seized and may be destroyed unless redeemed. D.A dog owner may redeem his dog from the pound upon payment in cash or certified check in the amount of $25 for the first impoundment, $50 for the second impoundment and $100 for the third impoundment thereafter, plus the cost of keeping, feeding and caring for the dog while impounded. E.No action shall be maintained against the Town of East Fishkill, any duly designed Dog Control Officer or any other agent or officer of the town to recover the possession or value of any dog or for damages for injury or compensation for the destruction of any dog seized or destroyed pursuant to the provisions of this article. § 63-13. Complaints. A.The Dog Control Officer or a peace officer observing a violation of this article in his presence shall issue and serve an appearance ticket for such violation. The appearance ticket shall be in the form prescribed by the Town Board by resolution in accordance with the provisions of § 124 of the Agriculture and Markets Law and this article. An answer to such appearance ticket shall be made within five days of the violation, by registered or certified mail, return receipt requested, in lieu of a personal appearance on the return date at the time and court specified in the appearance ticket, in accordance with the provisions of § 124 of the Agriculture and Markets Law and this article. B.Any person who observes a dog in violation of this article may file a complaint under oath with a Town Justice specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner of the dog. Upon receipt by the Town Justice of any such complaint, he shall summon the alleged owner to appear in person before him for a hearing, at which both the complainant and owner shall have an opportunity to be represented by counsel and to present evidence. If, after such hearing, the Town Justice decides that further action is warranted, he may, in addition to imposing a penalty pursuant to § 63-14: (1)Order the owner to restrain such dog by collar and leash at all times whether on or off the owner's property. (2)Order the owner to confine such dog to the premises of the owner. (3)Effect such other remedy authorized by law as may be warranted by the circumstances in such case. C.A violation of any order issued by a Town Justice under the provisions of this section shall be an offense punishable, upon conviction thereof, as provided in § 63-14. § 63-14. Penalties for offenses. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 63, ANIMALS                 ARTICLE I,  Dogs [Adopted at time of adoption of Code (see Ch. 1,  General Provisions, Art. I)]                     § 63-14. Penalties for offenses.     Upon conviction, a violation of this article shall be deemed an offense and shall be punishable by a fine not exceeding $50 for the first offense, $100 for the second offense and $250 for each offense thereafter, or by imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment.   Chapter 68, ASSEMBLIES, MASS PUBLIC [HISTORY: Adopted by the Town Board of the Town of East Fishkill 7-10-1975 by L.L. No. 4-1975. Amendments noted where applicable.] § 68-1. Purpose.   The Town Board, in order to promote proper government and ensure the proper protection, order, conduct, safety, health, welfare and well-being of persons and property within the Town of East Fishkill, finds that it is in the public interest to enact this chapter pursuant to the provisions of § 130, Subdivisions 11, 15 and 19, of the Town Law of the State of New York. This chapter shall regulate the assembly of persons where such assembly exceeds 5,000 persons at any place within the Town of East Fishkill, Dutchess County, New York, except where such assembly is organized by and under the direct control of a volunteer fire company within the town, a fraternal or civic organization having a local chapter within the town or a religious corporation having a house of worship within the town. § 68-2. Definitions. A.Word usage. Words used in the present tense include the future; the singular number includes the plural and the masculine shall include the feminine. The word "shall" is mandatory and "may" is permissive. B.Terms defined. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated: ASSEMBLY -- The gathering, collecting or congregating of persons at any place within the town, with or without the levy of an admission fee, for a common purpose, such as but not limited to sports events, circuses, carnivals, festivals, music festivals and religious observances. BUILDING -- A structure wholly or partially enclosed with exterior walls and a roof, of a permanent or temporary nature, affording shelter to persons, animals or property. PERSON -- Any individual, firm, company, association, society, corporation or group. STRUCTURE -- A combination of materials to form a construction that is safe and stable and includes, among other things, stadiums, stages, prop forms, radio towers, sheds, storage bins, tents, billboards, space signs, bleachers, ramps and seats. § 68-3. Permit to be issued by town; application; information required. A.No person shall use, allow, let or permit to be used property for the assembly of persons in excess of 5,000 persons, nor shall any person use, allow, let or permit to be used property for any part or portion of such assembly of persons which total assembly in the aggregate is in excess of 5,000 persons, unless upon written permit authorizing such use and assembly issued by the Town Board through its Clerk. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 68, ASSEMBLIES, MASS PUBLIC                     § 68-3. Permit to be issued by town; application;  information required.   B.Application for such permit shall be by verified petition on forms to be furnished by the town, addressed to the Town Board and filed with the Town Clerk at least 45 days prior to the date upon which such use and assembly shall occur. The Town Board shall act upon the application within 30 days after its submission. Such application shall include the following information: (1)A statement of the name, age and residence address of the applicant; if the applicant is a corporation, the name of the corporation, the names and addresses of its directors and officers; if the applicant does not reside within the Town of East Fishkill, the name and address of an agent who shall be a natural person and who shall reside in or have a place of business in the County of Dutchess and who shall be authorized to and shall agree by verified statement to accept notices or summonses issued with respect to the application, the conduct of the assembly or use in any manner involving it arising out of the application, or the construction or application of this chapter. (2)A statement containing the name, address and record owner of the property where the assembly and use shall occur and the nature and interest of the application therein; the proposed dates and hours of such assembly and use; the expected maximum number of persons intended to use the property at one time and collectively; the expected number of automobiles and vehicles intended to use the property at one time and collectively; and the purpose of the assembly and use, including the nature of the activity to be carried on and the admission fee to be charged, if any. (3)A map prepared by a licensed land surveyor or licensed public engineer showing the size of the property, the zoning district (if any) in which it is located; the names and record owners of the adjoining properties; the streets or highways abutting the said property; the size and location of any existing building, buildings or structures to be erected for the purpose of the assembly and use; and the method, construction and materials to be used in any new building or structure. (4)A plan or drawing to scale prepared by the licensed public engineer or licensed land surveyor showing the method and manner in which: (a)Sanitary facilities are to be provided for the disposal of human waste, garbage and other debris. (b)The method and manner in which water will be supplied, stored and distributed to those people attending. (5)A plan drawn to scale showing the layout of any parking area for motor vehicles, including the means of egress and ingress to such parking area. (6)A statement containing the type, number and location of any radio device, sound amplifier or loudspeaker or sound truck, or other similar sound equipment. (7)A statement specifying whether food or beverages are intended to be prepared, served or distributed. If food or beverages are intended to be prepared, sold or distributed, a statement specifying the method of preparation and distribution of such food or beverage and the method of disposing of garbage, trash, rubbish or any other refuse arising therefrom. If food or beverages are to be prepared, sold and distributed, a plan or drawing to scale must be attached to the application showing the buildings or other structures from which the food or beverages shall be prepared, sold or distributed. (8)A statement specifying whether any private security guards or police will be engaged, and if so, the numbers and duties to be performed by such persons, including the hours to be worked and areas of responsibility. (9)A statement specifying the precautions to be utilized for fire protection, including a plan or drawing to scale, specifying the location of fire lanes and water supply for fire control. (10)A statement specifying whether any outdoor lights or signs are to be utilized, and if so, a map showing the number, location, size, type and illuminating power of such lights and signs. (11)A statement specifying the facilities to be available for emergency treatment of any person who may require medical or nursing attention. (12)A statement specifying whether any camping or housing facilities are to be available and, if so, a plan drawn to scale showing the intended number and the location of same. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 68, ASSEMBLIES, MASS PUBLIC                     § 68-3. Permit to be issued by town; application;  information required.   (13)A statement specifying the contemplated duration of assembly and use. (14)If the assembly and use are to continue from one day into another, a statement specifying the camping or housing facilities available or to be made available on the premises. C.No permit shall be issued unless it is clearly shown that all of the following are provided for and approved in writing by the Dutchess County Health Department and the Town Board of the Town of East Fishkill: (1)Drinking water adequate in quantity and quality as provided in Chapter 1, Part 7, of the State Sanitary Code. (2)Toilet facilities adequate for the capacity of the assembly or use as provided in Chapter 1, Part 7, of the State Sanitary Code. (3)Adequate facilities for the satisfactory disposal or treatment and disposal of sewage shall be maintained. Such facilities shall meet with the standards and requirements of the New York State Department of Health and the Dutchess County Health Department. (4)Adequate facilities and arrangements for safe, clean disposal of solid waste, garbage and trash. (5)Adequate supply of food, including provisions for sanitary storage, handling and protection of food and beverages until served or used. A showing must be made that where food is to be prepared or consumed there are facilities for washing, disinfecting and storing dishes and food utensils. (6)Adequate off-street and off-road facilities for the contemplated number of people attending the assembly or use. Parking space shall be provided for at least one car for every four persons in attendance. (7)Adequate camping and housing facilities for the contemplated number of people in attendance, if it is contemplated that the assembly or use shall extend from one day to another. (8)An adequate number of access roads to and from the site of the assembly or use. (9)Adequate medical facilities as provided by Part 18 of the New York State Sanitary Code. (10)Adequate fire protection arrangements for buildings. D.No permit shall be issued unless the owner and his tenant or lessee, if any, shall furnish the town with written authorization to permit the town or its lawful agents to go upon the property at any time for the purpose of inspecting the same, the facilities provided thereon and the cleaning of the premises after the termination of the assembly. E.No permit shall be issued unless the applicant shall furnish the town with a comprehensive liability insurance policy insuring the town against liability for damage to person or property with limits of not less than $500,000/$1,000,000 for bodily injury or death, and limits of not less than $500,000 for property damage, sufficient to save the town harmless from any liability or cause of action which might arise by reason of the granting of the permit, and not cancellable without 10 days, prior written notice to the town. The applicant shall further provide a security deposit with the town in an amount to be set by the Town Board based upon the proposed anticipated attendance to ensure the removal of trash and other waste material as hereinafter provided, which deposit shall be returned to the applicant within 10 days from the date of termination of the assembly after deduction therefrom of all expenses caused by the applicant's noncompliance to remove said trash and other waste material. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 68, ASSEMBLIES, MASS PUBLIC                     § 68-3. Permit to be issued by town; application;  information required.   F.Within three days from the date of the termination of the assembly, trash, paper, garbage and other waste material shall be completely removed from the premises in a safe, clean and sanitary manner. G.Any permit issued may be revoked by the Town Board through its Clerk if at any time it should be determined that the applicant has failed to provide the facilities as specified in the application, or that the setting up of the facilities provided for in the application cannot be reasonably accomplished within the time or date set for the assembly or use. § 68-4. Fees. EN   Each application shall be accompanied by a fee in an amount as set from time to time by the Town Board at the time of its submission. The fee shall compensate the town for its examination and processing of such application and shall not be refundable in whole or in part. § 68-5. Enforcement; penalties for offenses. A.Any person who shall use, allow, let or permit to be used property for the assembly of persons in excess of 5,000, or shall use, allow, let or permit to be used property for any part or portion of such assembly which total assembly in the aggregate is in excess of 5,000 persons, or any person who shall cause the gathering, collecting or congregating of persons in excess of 5,000 at any place within the town without first obtaining a written permit in accordance with the provisions of this chapter shall be deemed to have violated this chapter and shall be liable for the penalties herein provided. Any person who commits or permits any act in violation of any provision of this chapter shall be deemed to have violated this chapter and shall be liable for the penalties herein provided. B.For each violation of the provisions of this chapter, the person violating the same shall be subject to a fine of not more than $250 or imprisonment not to exceed 15 days, or to both such fine and imprisonment. C.In addition to the above-provided penalties, the Town Board may maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.   Chapter 75, BINGO [HISTORY: Adopted by the Town Board of the Town of East Fishkill 2-27-1958, approved by electors 3-31-1958; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.] GENERAL REFERENCES Games of chance -- See Ch. 112. § 75-1. Conduct authorized.   It shall be lawful for any authorized organization, as defined in § 476 of the General Municipal Law, upon obtaining the required license, to conduct the game of bingo within the territorial limits of the Town of East Fishkill, subject to the provisions of this chapter, Article 14-H of the General Municipal Law and Article 19-B of the Executive Law. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 75, BINGO                     § 75-2. Sunday games.   § 75-2. Sunday games.   Any game of bingo conducted within the town pursuant to a license issued in accordance with this chapter and the applicable statutes may be operated by authorized organizations on the first day of the week, commonly known as "Sunday," subject to the following: A.No licensee shall be permitted to conduct bingo games on more than one Sunday in any calendar month. B.Any permitted operations on Sundays shall be only between the hours of 12:00 noon and 10:00 p.m. C.Notwithstanding the foregoing, no bingo games shall be authorized on New Year's Eve, New Year's Day, Easter Sunday or Christmas Day. D.All Sunday games shall be subject to all provisions of this chapter, and of Article 14-H of the General Municipal Law, and all other applicable provisions of law.   Chapter 80, BUILDING CONSTRUCTION AND FIRE PREVENTION [HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.] GENERAL REFERENCES Unsafe buildings -- See Ch. 87. Electrical standards -- See Ch. 96. Flood damage prevention -- See Ch. 108. Mobile homes; house trailers -- See Ch. 131. ARTICLE I, Adoption of Standards [Adopted 1-26-1984 by L.L. No. 2-1984] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 80, BUILDING CONSTRUCTION AND FIRE PREVENTION                 ARTICLE I, Adoption of Standards [Adopted 1-26-1984 by L. L. No. 2-1984]   [The New York State Uniform Fire Prevention and Building Code became operative on January 1, 1984, to be enforced by the Town of East Fishkill. A copy of the Uniform Code may be examined in the office of the Building Inspector.] ARTICLE II, Administration and Enforcement [Adopted 8-8-1974 as Ch. 31 of the 1974 Code] § 80-1. Department of Buildings and Fire Prevention; appointments. [Amended 1-26-1984 by L.L. No. 2-1984] A.The Town Board may appoint a Building Inspector, who shall be the head of the Department of Buildings and Fire Prevention. B.To assist the Building Inspector in the performance of his duties and work under his supervision, the Town Board may also appoint a Fire Inspector, and such Deputy Building Inspectors and Deputy Fire Inspectors as the need shall appear. C.All such officials shall be residents of the town and shall serve at a compensation to be fixed by the Town Board. D.The Town Board may also appoint five town residents to serve for one-year terms as members of a Fire Advisory Board, to operate under the supervision of the Building Inspector and to assist him in the performance of his duties under the Uniform Fire Prevention and Building Code. The Fire Advisory Board shall also report on matters which may be referred to it by the Town Board, Planning Board and Zoning Board. § 80-2. Conflicts of interest.   No Building Inspector shall engage in any activity inconsistent with his duties, nor shall he, during the term of his employment, be engaged, directly or indirectly, in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Town of East Fishkill, excepting only that this provision shall not prohibit the Building Inspector from such activities in connection with the construction of a building or structure owned by him and not constructed for sale. § 80-3. Powers and duties of Building Inspector. A.Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall administer and enforce the New York State Uniform Fire Prevention and Building Code, and all other laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures, the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof. [Amended 1-26-1984 by L.L. No. 2-1984] B.The Building Inspector shall receive applications and the Building Inspector shall issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof, and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of ensuring compliance with the laws, ordinances and regulations governing such building construction. [Amended 1-26-1984 by L.L. No. 2-1984] C.The Building Inspector shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances or regulations as may be applicable. The Building Inspector shall make all inspections which are necessary or proper for the carrying out of his duties. D.Whenever necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, the Building Inspector may require the performance of tests in the field by experienced professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies. E.In addition to and not in limitation of any power otherwise granted by law, the Building Inspector shall have the power to order in writing the remedying of any condition found to exist in, on or about any building in violation of the Uniform Fire Prevention and Building Code and to issue appearance tickets for violations of the Uniform Code. [Added 1-26-1984 by L.L. No. 2-1984] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 80, BUILDING CONSTRUCTION AND FIRE PREVENTION                 ARTICLE II, Administration and Enforcement [Adopted 8-8- 1974 as Ch. 31 of the 1974 Code]                     § 80-4. Cooperation of other departments.   § 80-4. Cooperation of other departments.   The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Police, Fire and Health Departments or officers and of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein. § 80-5. Building permits. [Amended 1-26-1984 by L.L. No. 2-1984] A.No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, removal or demolition of any building or structure, or the construction or installation of a wood-burning stove or fireplace, without having applied for and obtained a building permit from the Building Inspector. However, no permit shall be required for the performance of necessary repairs which are not of a structural nature and which are done in conformance with the Uniform Code. No such building permit shall be issued for any activity where such construction, addition, alteration, moving or use thereof would be in violation of the Uniform Fire Prevention and Building Code, the town's Zoning Law, Subdivision Regulations, Highway Specifications or other law, ordinance, rule or regulation. B.Building permits shall be applied for under the procedure set forth in the town's Zoning Law. C.The applicant shall notify the Building Inspector of any changes in the information contained in the application during the period for which the permit is in effect. A permit will be issued when the application has been determined to be complete and when the proposed work is determined to conform to the requirements of the Uniform Code. The authority conferred by such permit may be limited by conditions, if any, contained therein. D.A building permit issued pursuant to this article shall be prominently displayed on the property or premises to which it pertains. § 80-6. Performance of work under building permit. A.A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of 12 months after the date of its issuance. For good cause, the Building Inspector may allow a maximum of two extensions for a period not exceeding six months each. After the expiration of such periods, construction shall be authorized only upon submission of a new building permit and the payment of the required fees. [Amended 1-26-1984 by L.L. No. 2-1984] B.The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications. § 80-7. Building Department fees. [Amended 1-26-1984 by L.L. No. 2-1984 EN] A.Building permit fees. (1)Upon application for a building permit for a swimming pool or fireplace, fees shall be payable to the Building Inspector in an amount as set from time to time by the Town Board. (2)All other building permit fees shall be determined on the basis of the total estimated cost of construction as determined by the Building Inspector. The application for a building permit shall set forth the total estimated cost of construction, together with such documentation of the estimated cost as the Building Inspector may require to review the total estimated cost and set the building permit fee. B.Refund of building permit fees. The fee charged for a building permit shall be refunded upon request within 90 days of issuance of the building permit, less a fee of $25 which shall be retained to cover the cost of issuing the permit, reviewing the plans, etc., provided no construction has been commenced during the ninety-day period following the issuance of the building permit, and provided the building permit is surrendered. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 80, BUILDING CONSTRUCTION AND FIRE PREVENTION                 ARTICLE II, Administration and Enforcement [Adopted 8-8- 1974 as Ch. 31 of the 1974 Code]                     § 80-7. Building Department fees. [Amended 1-26- 1984 by L.L. No. 2-1984   C.Certificate of occupancy fees. (1)When a certificate of occupancy is applied for coincident with an application for a building permit, pursuant to the provisions of § 194-144 of Chapter 194, Zoning, there shall be no fee charged for the initial application for a certificate of occupancy and one inspection prior to issuance of the certificate of occupancy. A fee in an amount as set from time to time by the Town Board shall be paid for each subsequent inspection required prior to issuance of a certificate of occupancy. (2)When a certificate of occupancy is applied for in an instance where no building permit is required, pursuant to the provisions of § 194-143 of Chapter 194, Zoning, a fee in an amount as set from time to time by the Town Board shall be paid. (3)When a temporary certificate of occupancy is applied for, under the provisions of § 194-145 of Chapter 194, Zoning, a fee in an amount as set from time to time by the Town Board shall be paid. The fee is in addition to the performance bond required by § 194-137. D.Other Building Department fees. Additional nonrefundable fees, as set from time to time by the Town Board, shall be paid to the Building Department where required by this article or the Zoning Law. E.Each of the above fees may be increased or modified by the Town Board, from time to time, by resolution. § 80-8. Revocation of building permit.   The Building Inspector may revoke a building permit theretofore issued and approved in the following instances: A.Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based. B.Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law. C.Where he finds that the work performed under the permit is not being performed in accordance with the provisions of the application, plans or specifications, or the building permit or any conditions imposed therewith. [Amended 1-26-1984 by L.L. No. 2-1984] D.Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector. E.Where there exists a condition in violation of the Uniform Fire Prevention and Building Code. [Added 1-26-1984 by L.L. No. 2-1984] § 80-9. Stop orders and order to remedy violation. [Amended 1-26-1984 by L.L. No. 2-1984] A.Whenever the Building Inspector has reasonable grounds to believe that the work on any building or structure is being performed in violation of the provisions of the applicable building laws, ordinances or regulations or not in conformity with the provisions of the application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent or the person performing the work to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing and shall state the conditions under which the work may be resumed, and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 80, BUILDING CONSTRUCTION AND FIRE PREVENTION                 ARTICLE II, Administration and Enforcement [Adopted 8-8- 1974 as Ch. 31 of the 1974 Code]                     § 80-9. Stop orders and order to remedy violation.  [Amended 1-26-1984 by L.L. No. 2-1984]   B.Orders to remedy conditions in violation of Uniform Code. The Building Inspector shall have the power to order in writing the remedying of any condition found to exist in, on or about any building in violation of the Uniform Fire Prevention and Building Code. Such orders shall be served in person upon a responsible party or his authorized agent or by registered mail sent to the address if the responsible party set forth in any relevant application for a permit or in any relevant certificate. The order shall set forth the time within which the condition must be corrected. § 80-10. Inspections. [Amended 1-26-1984 by L.L. No. 2-1984] A.Work for which a building permit has been issued under this article shall be inspected for approval prior to enclosing or covering any portion thereof and upon completion of each stage of construction, including, but not limited to, building location, site preparation, excavation, foundation, framing, superstructure, electrical, plumbing, heating and air conditioning. It shall be the responsibility of the owner, applicant or his agent to inform the Building Inspector that the work is ready for inspection and to schedule such inspection. B.Existing buildings not subject to inspection under Subsection A of this section shall be subject to periodic inspections for compliance with the Uniform Code. Notwithstanding any requirement of this subsection to the contrary, no regular periodic inspections of occupied dwelling units shall be required; provided, however, that this shall not be a limitation on inspections conducted at the invitation of the occupant or where conditions on the premises threaten or present a hazard to public health, safety or welfare. C.Inspections may be performed by the Building Inspector, the Fire Inspector or a deputy Building Inspector or Fire Inspector, as the Building Inspector may direct. Additionally, a person subject to inspection under this section may be required by the Building Inspector to have such inspection performed at his own cost and expense by a competent, independent inspector acceptable to the Building Inspector. Such inspector may be a registered architect, licensed professional engineer, certified code enforcement officer, or other person whose experience and training has been demonstrated to the satisfaction of the Building Inspector. Such inspector shall certify the results of his inspection to the Building Inspector to have an inspection performed at his own cost and expense shall not be assessed the fees otherwise prescribed in this article. D.No permits or certificates shall be issued until the appropriate inspections have taken place. § 80-11. Certificates of occupancy. [Amended 1-26-1984 by L.L. No. 2-1984] A.Where a certificate of occupancy is required by § 194-143 or by any other provision of law, no use or occupancy may be commenced, unless there exists for that building or structure a valid certificate of occupancy. B.The procedure for applications for certificates of occupancy is set forth in §§ 194-144 and 194-145 of Chapter 194, Zoning. C.In addition to the requirements set forth in § 194-144, of Chapter 194, Zoning, no certificate of occupancy shall be issued except upon an inspection which reveals no uncorrected deficiency or material violation of the Uniform Fire Prevention and Building Code in the area intended for use, or a violation of any other applicable law, code, rule or regulation, and upon payment of the appropriate fee, as set forth by the Town Board by resolution. D.No permits or certificates shall be issued until the appropriate inspections have taken place. § 80-12. Tests of materials and equipment.   Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance. § 80-13. (Reserved) EN § 80-14. Penalties for offenses. [Amended 1-26-1984 by L.L. No. 2-1984] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 80, BUILDING CONSTRUCTION AND FIRE PREVENTION                 ARTICLE II, Administration and Enforcement [Adopted 8-8- 1974 as Ch. 31 of the 1974 Code]                     § 80-14. Penalties for offenses. [Amended 1-26- 1984 by L.L. No. 2-1984]   A.Violations of Uniform Fire Prevention and Building Code. (1)Any person having been served, either personally or by registered mail, with an order to remedy any condition found to exist in, on or about any building in violation of the Uniform Fire Prevention and Building Code, who shall fail to comply with such order within the time fixed therein shall, upon conviction, be punishable by a fine of not more than $1,000 per day of violation, or imprisonment not exceeding one year, or both. (2)Any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction of any building who shall knowingly violate any of the applicable provisions of the Uniform Code or any lawful order of a local government, a county or the Secretary made thereunder regarding standards for construction, maintenance or fire protection equipment and systems, shall, upon conviction, be punishable by a fine of not more than $1,000 per day of violation, or imprisonment not exceeding one year, or both. (3)Where the construction or use of a building is in violation of any provision of the Uniform Code, or any lawful order obtained thereunder, a justice of the Supreme Court at a special term in the judicial district in which the building is located, may order the removal of the building or an abatement of the condition in violation of such provisions. An application for such relief may be made by the Building Inspector, the Town Supervisor or any other person aggrieved by the violation. B.Other violations of this article. Any other violation of this article shall constitute a violation as defined by the Penal Law. Each week that a violation continues shall be considered a separate violation. Each such violation shall, upon conviction, be punishable by a fine not to exceed $250 or imprisonment not to exceed 15 days. C.Violations; procedures. The Penal Law and the CPL shall govern all proceedings relating to such prosecutions. D.This section shall not apply to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law. § 80-15. Additional remedies.   Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises; and those remedies shall be in addition to the penalties prescribed in the preceding section.   Chapter 87, BUILDINGS, UNSAFE [HISTORY: Adopted by the Town Board of the Town of East Fishkill 5-13-1982 by L.L. No. 3-1982. Amendments noted where applicable.] § 87-1. Purpose.   Unsafe buildings pose a threat to life and property in the Town of East Fishkill. Buildings and structures may become unsafe to the public by the reason of damage by fire, the elements, vandalism, age or general deterioration. Vacant buildings not properly secured at doorways and windows also serve as an attractive nuisance for young children who may be injured therein, as well as a point of congregation by vagrants and transients, increasing the danger of fire. A dilapidated building may also become a place of rodent infestation, thereby creating a health menace to the community. It is the purpose of this chapter to provide for the safety, health, protection and general welfare of persons and property in the Town of East Fishkill by requiring that such unsafe buildings be secured, repaired or demolished and removed. § 87-2. Title. EN _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 87, BUILDINGS, UNSAFE                     § 87-2. Title.     This chapter shall be known and referred to as the "Unsafe Buildings Law" of the Town of East Fishkill. All unsafe buildings are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedures of this chapter and of Subdivision 16 of § 130 of the Town Law. § 87-3. Definitions.   As used in this chapter, the following terms shall have the meanings indicated: BUILDING -- Any building, structure or portion thereof in a residential, business or industrial section. UNSAFE -- All buildings or structures which are structurally unsafe, unsanitary or not provided with adequate egress, or which constitute a fire hazard or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. § 87-4. Investigation and report.   When in the opinion of the Building Inspector a building is or may imminently become dangerous or unsafe to the public, he shall cause to be made or make an inspection thereof and report in writing to the Town Board his findings on the condition of the building and recommendations in regard to the building's repair or demolition and removal. § 87-5. Town Board procedure. A.The Town Board shall review the Building Inspector's report, and if the Board determines that the report justifies a finding that the building is unsafe and dangerous it shall make such finding and state therein the facts on which such finding is based, and the particulars in which the building is unsafe. B.Upon making such finding, the Town Board shall further order that the owner remedy the unsafe condition by repair or removal of the building and state the steps necessary to properly abate the unsafe condition by either making the building safe and secure by repair, or demolishing and removing it. The Town Board shall not order a building demolished unless it may not reasonably or practically be repaired and safeguarded to an extent to render it safe and nondangerous. C.The order shall further state the time within which such repair or removal must commence and be completed. The time allowed shall be reasonable under the circumstances. D.The order shall contain a legal description of the property. E.The order must further state that a hearing on the matter will be held before the Town Board, at which time the owner of the unsafe building shall have the opportunity to be heard. F.The order shall further contain a finding of the Town Board that in the event the owner fails or refuses to comply with the order of the Town Board to repair and secure, or demolish and remove the building, the Town Board will provide for its repair and safeguarding or demolition and removal, as may be warranted by the circumstances, and will assess and collect all costs and expenses incurred by the town in connection with the proceedings to remove or secure, including legal expenses and the costs of actually removing said building or structure, against the land on which it is located. § 87-6. Notice. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 87, BUILDINGS, UNSAFE                     § 87-6. Notice.   A.The town shall cause notice of the Town Board's action, and a copy of the findings and order to be served on the owner of the building as hereinbelow set forth. The notice shall also state the date, time and place that the Board will hold a hearing on the matter, and shall state that the owner of the building, or his agent shall have an opportunity to be heard. B.The hearing shall be held not less than seven days after service of the notice. C.Notice shall be served as follows: The notice herein shall be served on the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in same, either personally or by registered mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in same, as shown by the records of the receiver of taxes and/or in the office of the County Clerk or County Register. If such service is made by registered mail, a copy of such notice shall be posted on the premises. If service is made by registered mail, service shall be deemed complete three days after mailing. Personal service shall be complete upon delivery to any of the persons above listed. D.A copy of the notice shall be filed with the County Clerk of Dutchess County in the same manner as the notice of pendency pursuant to Article 65 of the CPLR and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this subsection. The filed notice shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a judge or justice of a court of record or upon the consent of the Town Attorney. The County Clerk shall mark such notice and any record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order. § 87-7. Hearing. A.At the date, time and place set forth in the notice, the Town Board shall hold a hearing on the matter. B.At the hearing, the owner shall be fully heard on all issues presented in the matter and shall have the right to present documentary evidence, and the statements of any person or person on his behalf. The owner shall, on request, be provided a copy of the Building Inspector's report. The Board may also allow the Building Inspector or any other person to be heard. C.After the hearing, the Board shall consider any matter raised at the hearing, and shall either confirm its prior findings and order, or may modify or rescind them on such terms as may be just. Any such modification or rescission, and the terms thereof, shall be set forth in the minutes of the Town Board, and a copy of any such modification or rescission shall be delivered to the owner either personally or by registered mail, as set forth in § 87-6C. § 87-8. Refusal to comply.   After the hearing and after expiration of the time set forth in the notice to the owner in which to commence repair or removal work, and if it appears that the owner has failed or refused to comply with the order to repair or remove, then the Town Board shall provide for the safeguarding, repair or demolition and removal or such building or structure either by town employees or by contract. Except in an emergency, as provided in § 87-10 hereof, any contract for demolition and removal of a building in excess of $5,000 shall be awarded through competitive bidding. § 87-9. Assessment of expenses.   All expenses incurred by the town in connection with the proceedings to repair and secure or demolish and remove the unsafe building, including legal expenses and the cost of actually removing such building, shall be assessed against the land on which such building is located and shall be levied and collected in the same manner as provided in Article 15 of the Town Law of the State of New York for the levy and collection of a special ad valorem levy. § 87-10. Emergency cases.   Where it reasonably appears that there is present a clear and imminent danger to repair and secure or demolish and remove the unsafe building, including legal expenses and the cost of actually removing such building, shall be assessed against the land on which such building is located and shall be levied and collected in the same manner as provided in Article 15 of the Town Law of the State of New York for the levy and collection of a special ad valorem levy. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 96, ELECTRICAL STANDARDS   Chapter 96, ELECTRICAL STANDARDS [HISTORY: Adopted by the Town Board of the Town of East Fishkill 3-14-1991 by L.L. No. 1-1991. Amendments noted where applicable.] GENERAL REFERENCES Building construction -- See Ch. 80. § 96-1. Title.   This chapter shall be known as the "Electrical Code of the Town of East Fishkill." § 96-2. Purpose.   Since there is danger to life and property inherent in the use of electrical energy, this chapter regulates the manner in which wiring is installed for electric light, heat, power and signal systems operating on 50 or more volts in or on all real property within the Town of East Fishkill. § 96-3. Adoption of standards.   All electrical installations heretofore mentioned shall be made in conformity with the requirements of the National Electric Code except where the provisions of this chapter or any local law, ordinance or the New York State Uniform Fire Prevention and Building Code (the "Building Code") shall differently prescribe, in which event compliance with the provisions of such local law, ordinance or code shall be recognized as proper compliance with this chapter. The requirements of the National Electric Code shall be those known as "National Fire Protection Association Pamphlet No. 70" as approved and adopted by the American Standards Association. § 96-4. Approval required. A.It shall be a violation of this chapter for any person to install or cause to be installed, or to alter or repair, electrical installations referred to in § 96-2 of this chapter, until an application for inspection has been made. B.It shall be a violation of this chapter for any person to connect, or cause to be connected, electrical wiring for installations referred to in § 96-2 of this chapter to any source of electrical energy prior to the issuance of a temporary certificate by a qualified electrical inspector. § 96-5. Penalties for offenses. A.Any person, firm or corporation violating any provision of any section of this chapter or who shall violate or fail to comply with any order made thereunder or who shall falsify plans or statements filed thereunder or who shall continue to work upon any building after having received written notice from the Building Inspector to cease work shall be guilty of an offense and punishable by a fine not to exceed $1,000 or imprisonment not to exceed one year, or both. However, for the purpose of conferring jurisdiction upon the courts and judicial officers, generally, violations of this chapter shall be deemed misdemeanors and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. EN _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 96, ELECTRICAL STANDARDS                     § 96-5. Penalties for offenses.   B.Each week's continued violations shall constitute a separate additional violation. Notice of violation shall be sufficient if directed to such owner, the agent of such owner, or the contractor and left at the person's last known place of residence or business. § 96-6. Qualified Electrical Inspectors. A.Any person or organization may apply to the Town Board for permission to conduct electrical inspections in the Town of East Fishkill. The application shall be in writing on such forms as may be prescribed by Town Board resolution and shall be accompanied by a nonrefundable application fee in an amount as set from time to time by the Town Board and an insurance certificate showing statutory workers' compensation coverage for employees and automobile and public liability coverage for property damage and personal injury, including wrongful death, in an amount of at least $10,000,000. EN B.The completed application shall be submitted to the Building Inspector, who shall review the same for accuracy and completeness and who shall also make an investigation into the business reputation and qualifications of the applicant. The Building Inspector shall, within 30 days of the receipt of the application forward the same, together with a recommendation as to approval or rejection to the Town Board. The Town Board shall, within 30 days, either approve or reject the application. In the event that the Town Board fails to act on the application within said time limit, such application shall be deemed to be approved. C.Upon approval, the Building Inspector shall issue a letter to the applicant certifying that the applicant has been found to be a qualified Electrical Inspector in the town. Such certification shall be valid until such time as it is revoked by the Town Board upon good cause shown after a hearing before the Town Board, at which hearing the Electrical Inspector shall be given an opportunity to be heard and to present a defense. In the event that the application is not approved, the applicant shall be given an opportunity to secure approval from the Town Board at a hearing to be conducted by the Town Board within 30 days of such rejection. D.The Building Inspector shall at all times maintain a list of qualified Electrical Inspectors with their current business addresses and telephone numbers. § 96-7. Duties of qualified Electrical Inspectors. A.Qualified Electrical Inspectors may make inspections and reinspections of all electrical installations referred to § 96-2 of this chapter, and, where an installation is found to be in compliance with this chapter, may issue temporary certificates and certificates of compliance. Copies of such certificates shall be filed with the Building Inspector within two business days after issuance. Such inspections and reinspections shall be at the request and expense of the property owner. B.Qualified Electrical Inspectors shall report in writing to the Building Inspector of the Town of East Fishkill all violations of the NYSFPBC and NEC insofar as they relate to electrical inspections in the town as referred to in § 96-2 of this chapter. C.Such Inspectors shall make inspections and reinspections of electrical installations in the town, as referred to in § 96-2 of this chapter, upon the written request of the Building Inspector, or, in the event of an emergency, upon the oral request of the Building Inspector or any other town official. D.No Inspector or inspection agency shall knowingly accept an application for any location or installation that has previously been rejected due to violations by any other Inspector or inspection agency. § 96-8. No waiver or assumption of liability.   This chapter shall not be construed to relieve or diminish the responsibility of any person owning, leasing, operating, controlling or installing any electrical installations referred to in § 96-2 of this chapter for loss of life or injury or damage to any person or property caused by any defect or negligence therein, nor shall the town or any of its agents, servants or employees be deemed to have assumed any such liability for any reason, including any inspection, reinspection or the issuance of any certificates pursuant to this chapter. § 96-9. Nonapplicability.   The provisions of this chapter shall not apply to the electrical installations in mines, ships, railway cars or automotive equipment or the installations or equipment employed by a railway, electrical or communication utility in the exercise of its function as a utility and located outdoors or in buildings used exclusively for that purpose. This chapter shall not apply to any work involved in the manufacture, assembly, testing or repair of electrical machinery, apparatus, materials and equipment by a firm, person or corporation engaged in electrical manufacturing as its principal business. It shall not apply to any building which is owned or leased in its entirety by the government of the United States or the State of New York. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 96, ELECTRICAL STANDARDS                     § 96-9. Nonapplicability.     Chapter 103, FEES [HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.] ARTICLE I, Professional Consultant Expenses [Adopted 1-11-1996 by L.L. No. 1-1996] § 103-1. Compensation of town for review costs. A.Compensation required. In order to conduct a reasonable, full and proper review of an application for a subdivision, site plan, special permit, use variance, zoning interpretation, zoning amendment or rezoning, the reviewing board before which the application is pending shall, pursuant to this article, require the applicant to compensate the town for the actual cost of professional consultant reviews reasonably necessary to complete the review of the project. The reviews governed by this article shall include review of all land use applications, and all environmental reviews pursuant to law, including review of the proposed action under the State Environmental Quality Review Act (SEQR). B.Review fees covered. The fees governed by this article include those of the professional consultant reviews, including: (1)Those by the engineer to the town, the planner to the town, and attorney to the town; and (2)Those by any other professional consultants, as required under the circumstances of a particular application. C.Exclusion of administrative fees. The professional fees provided for herein are in addition to application or administrative fees required pursuant to other sections of the East Fishkill Code. Funds deposited by applicants pursuant to this section shall not be used to offset the town's general expenses of professional services for the several boards of the town, nor its general administration expenses. EN D.Avoiding duplication. Review fees attributable to environmental reviews under SEQR shall in no event exceed the maximum amounts to be charged pursuant to the SEQR Regulations 16 NYCRR Section 617.17 (after January 1, 1996, renumbered to section 617.13). SEQR reviews and underlying permit reviews shall be combined wherever practicable. § 103-2. Definitions.   The following terms have the following meanings: LAND USE APPLICATION -- Any application for a subdivision, site plan, specific permit, use variance, zoning amendment, rezoning or zoning interpretation. The application shall also be deemed to include the SEQR related environmental documents submitted to evaluate the proposed action. PROFESSIONAL CONSULTANT -- The town's planning, engineering and legal consultants. The term also includes other specialized consultants in land use and environmental matters retained in individual cases, including title examiners, traffic consultants, and other technical and environmental experts. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 103, FEES                 ARTICLE I, Professional Consultant Expenses [Adopted 1- 11-1996 by L.L. No. 1-1996]                     § 103-2. Definitions.   PROFESSIONAL REVIEW EXPENSES -- All actual expenses incurred by the town relating to the professional consultant review of the application. REVIEWING BOARD -- The Town Board, the Planning Board or the Zoning Board, as the case may be. § 103-3. Procedures on applications. A.Escrow required. No land use application shall be considered complete for review purposes, and no professional reviews shall commence, until this article is complied with and, where required, an escrow account is established and funded. B.Contracts required. The fees to be paid to the consultants shall be established pursuant to contract authorized by the Town Board, pursuant to the provisions of Town Law § 64, Subdivision 6. The Town Board shall assure that such contractual fees to be charged are consistent with fees for services then prevailing in the surrounding geographical area. § 103-4. Funding of escrow account. A.Sketch plan, discussion or conceptual review. When an applicant files an application for a sketch plan or conceptual review, the applicant shall fund an escrow account in the amount of $250 prior to commencement of review. This amount is intended to cover an informal Board review, which is often requested even prior to the submission of a formal application of the paying of any application fees. The informal sketch, discussion or conceptual review shall not include any formal engineering or other professional review unless the applicant establishes an escrow pursuant to Schedule A. B.Preliminary plat or site plan review. When an applicant files an application for preliminary subdivision plat or site plan approval, the applicant shall fund an escrow account in an amount set forth in Schedule A, prior to the commencement of review. C.Custody of accounts. The escrow amount shall be placed in an account established for such purpose. All review fees required pursuant to this article shall be collected by the Clerk/Secretary of the Planning and Zoning Boards. The Town Manager of Finance and Administration shall set up escrow funds as part of a trust and agency fund where consultant fees incurred by the town pursuant to this section shall be audited and paid from such special fund and not the general fund. The Clerk/Secretary of the Planning Board and Zoning Board shall have custody of escrow account records. D.Adjustment in the required escrow amounts. The Town Board may increase or decrease the amounts of the required escrow deposit, as established in Schedule A herein, from time to time, by resolution. § 103-5. Withdrawals from escrow accounts. A.Audit of vouchers. All vouchers submitted by professional consultants shall be reviewed and audited by town officials in the same manner as all other charges. The town shall approve payment of only such fees as are reasonable in amount and are necessarily incurred by the town in connection with the review. A fee shall be considered reasonable in amount if it bears a reasonable relationship to fees prevailing in the surrounding geographical area for similar services in similar projects. In determining similarity of services and projects, the town may consider the size of the project, the topography, soil conditions, drainage conditions, surface water conditions, other site constraints, the nature of the improvements to be constructed, the nature of the planning, engineering or legal issues arising in the factual context of the application. In determining whether the fees were necessarily incurred, the town may consider, in addition to the factors listed above, the nature of the materials provided by the applicant, the manner in which the service relates to the issues which must be decided by the town in reviewing the application, whether the service provided reasonably assists the Board in performing a function required by law or regulation and such other factors as may be relevant in the factual context of the application. Records shall be maintained showing all amounts deposited, and all amounts paid from the escrow account and all bills and vouchers submitted by the town professional consultants. The applicant shall in no case be billed for more than the town has actually expended for consultant review fees. EN B.Payment of audited vouchers. The Manager of Finance and Administration shall make withdrawals from the escrow account to pay the cost of consultant review services, as established by itemized voucher to the town. In no case shall an applicant make direct payment to any of the town's professional consultants. C.Town Board review. Within 30 days of receiving any voucher for professional consultant fees, whether it has as yet been paid or not, an applicant may file a written request to the Town Board seeking review of the charges therein, to determine whether such fees are reasonable in amount and are necessarily incurred by the town in connection with the review, under the standards set forth in this article.EN § 103-6. Procedures upon depletion of escrow accounts. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 103, FEES                 ARTICLE I, Professional Consultant Expenses [Adopted 1- 11-1996 by L.L. No. 1-1996]                     § 103-6.  Procedures upon depletion of escrow accounts.   A.When the balance in such escrow account is reduced to the amount shown on the fee schedule (Schedule A), the applicant shall replenish the amount of the escrow account as shown in Schedule A. B.If the applicant fails to make the escrow deposit, or fails to promptly replenish the amount in the escrow account within 15 days of the town's request, professional reviews shall not begin or continue, as the case may be, until such time as the escrow account is funded or replenished. The Board may also consider an application abandoned if nonpayment of escrow fees continues for more than two months, and the Board may deny an application based upon such abandonment. § 103-7. Approvals prohibited prior to payment.   Payment by the applicant of professional fees actually incurred in the review of the application shall be required prior to: A.Any approval of the application by the reviewing board. The Town Board, Planning Board or Zoning Board, as the case may be, shall not take any action or grant approval of any kind on any application until the Clerk/Secretary has certified to the Board that review fees actually incurred to the date of approval under this article have been fully paid and/or reimbursed, and that sufficient escrow amounts remain to cover any costs for professional reviews which will be incurred thereafter until the conclusion of the matter, including time spent, but not yet billed, as of the date of final Planning Board action, costs for review of proposed deeds and offers of cession, and similar matters. B.Any administrative action in furtherance of an approval. In the event that any approval is granted and professional review fees remain to be paid, the reviewing board shall not take any further administrative action in furtherance of the approval until sufficient provision is made for the payment of these fees. For example, no rezoning amendment at the request of an applicant shall be forwarded for filing with the Secretary of State until the Clerk/Secretary of the Planning Board has certified in writing to the Town Clerk that all professional review fees actually incurred to date have been fully paid and/or reimbursed, and that sufficient escrow amounts remain to cover any professional review costs which will be incurred thereafter until the conclusion of the matter. Similarly, no site plan or subdivision plat approved by the Planning Board shall be signed unless the Clerk/Secretary has certified in writing to the Chair that all professional review fees actually incurred to date have been fully paid and/or reimbursed, and that sufficient escrow amounts remain to cover any costs for professional reviews which will be incurred thereafter until the conclusion of the matter. C.Issuance of building permits and certificates of occupancy. No building permits or certificate of occupancy or use shall be issued unless all professional review fees charged in connection with the project have been paid and reimbursed. § 103-8. Return of unexpended funds.   Any balance remaining in the escrow account shall be refunded within a reasonable time upon applicant's request, upon completion of project review, or upon withdrawal of an application, after all fees already incurred by the town are first paid and deducted from the escrow account. § 103-9. Town's further remedies for applicant's failure to reimburse.   In the event the applicant fails to reimburse to the town funds expended to consultants as provided herein, the following remedies may apply: A.The town may seek recovery of billed and unpaid fees by bringing an action venued in a court of appropriate jurisdiction, and the applicant shall pay the town's reasonable attorney fees in prosecuting such action in addition to any judgment. B.Alternatively, and at the sole discretion of the Town Board, an applicant's failure to comply with this article by paying professional review fees by escrow, or in failing to reimburse the town for fees expended by the town for professional review fees may be remedied by charging such sums, together with any legal or other professional fees incurred in collection efforts, against the real property that is subject to the permit application and by adding that charge to and making it a part of the next annual real property tax assessment roll of the town. Prior to charging such assessments, the real property owners shall be provided with written notice to the applicant, at its last known address as contained in the permit application and to the property owner, if other than the applicant, at the owner's address of record as contained in the current assessment roll. Such written notice shall be sent certified mail, return receipt requested. Such notice shall inform the owner and applicant of the delinquent amount of fees owed to the town and shall provide an opportunity to be heard and object, before the Town Board, to the proposed additional real property assessment, at a date to be designated in the notice which shall be not less than 30 days after the mailing. If and when imposed, such charges shall be levied and collected at the same time and in the same manner as general town taxes, and such fees shall be applied to reimbursing the account from which the professional review fees were paid. SCHEDULE A Town of East Fishkill _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 103, FEES                 ARTICLE I, Professional Consultant Expenses [Adopted 1- 11-1996 by L.L. No. 1-1996]                     SCHEDULE A   Escrow Funds   Type ofInitialRedeposited ApplicationDepositDepleted toto Level   Subdivisions   No. of lots:     1 to 5 lots$1,000$200$1,000     6 to 25 lots2,5005002,500     26 and over5,0001,0005,000   Realignments500100500     Site plans   Square footage: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 103, FEES                 ARTICLE I, Professional Consultant Expenses [Adopted 1- 11-1996 by L.L. No. 1-1996]                     SCHEDULE A       Up to 1,000$1,000$200$1,000     1,001 to2,5005002,500     10,000     10,001 and5,0001,0005,000     over   Cluster development$5,000$2,000$5,000 plans   Higher density$5,000$2,000$5,000 plans   Special use$1,000$200$1,000 permits _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 103, FEES                 ARTICLE I, Professional Consultant Expenses [Adopted 1- 11-1996 by L.L. No. 1-1996]                     SCHEDULE A   Rezonings$2,500$500$2,500   Chapter 108, FLOOD DAMAGE PREVENTION [HISTORY: Adopted by the Board of Trustees of the Town of East Fishkill 4-23-1987 by L.L. No. 5-1987. Amendments noted where applicable.] GENERAL REFERENCES Building construction -- See Ch. 80. Zoning -- See Ch. 194. § 108-1. Statutory authorization, purpose and methods. A.Statutory authorization. The people of the State of New York have in the New York State Constitution, Article IX, Section 2, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, be it enacted by the Town of East Fishkill, New York, as follows. B.The Town Board of the Town of East Fishkill finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of East Fishkill and that such damages may include destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this chapter is adopted. C.Statement of purpose. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1)Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities; (2)Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3)Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters; (4)Control filling, grading, dredging and other development which may increase erosion or flood damage; _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-1. Statutory authorization,  purpose and methods.   (5)Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and (6)Qualify for and maintain participation in the National Flood Insurance Program. D.Objectives. The objectives of this chapter are: (1)To protect human life and health; (2)To minimize expenditure of public money for costly flood-control projects; (3)To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4)To minimize prolonged business interruptions; (5)To minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (6)To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood-blight areas; (7)To ensure that the public is educated as to the location of areas of special flood hazard; and ensure that potential buyers are notified that property is in an area of special flood hazard; and (8)To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. § 108-2. Definitions. A.Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application. B.The following terms shall have the meanings indicated: APPEAL -- A request for a review by the Planning Board of the Building Inspector's (§ 108-7) interpretation of any provision of this chapter or a request for a variance. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-2. Definitions.   AREA OF SHALLOW FLOODING -- A designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM). The base flood depths range from one foot to three feet where a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AREA OF SPECIAL FLOOD HAZARD -- The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A or Zone A1 to A30 on the Flood Insurance Rate Map. It is commonly referred to as the "base floodplain" or "one-hundred-year floodplain." BASE FLOOD -- The flood having a one-percent chance of being equaled or exceeded in any given year. BASEMENT -- That portion of a building having its floor subgrade (below ground level) on all sides. BREAKAWAY WALL -- A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. BUILDING -- Any structure built for support, shelter or enclosure for occupancy or storage. CELLAR -- The same meaning as "basement." COASTAL HIGH HAZARD AREA -- The area subject to high-velocity waters, including but not limited to hurricane wave wash. The area is designated on a FIRM as Zone V1-30, VE, VO or V. DEVELOPMENT -- Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations located within the area of special flood hazard. ELEVATED BUILDING -- A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers) or shear walls. FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) -- An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study. FLOOD HAZARD BOUNDARY MAP (FHBM) -- An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined but no water surface elevation is provided. FLOOD INSURANCE RATE MAP (FIRM) -- An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY -- The official report provided by the Federal Emergency Management Agency. The report contains flood profiles as well as the Flood Boundary-Floodway Map and the water surface elevations of the base flood. FLOOD or FLOODING -- A general and temporary condition of partial or complete inundation of normally dry land areas from: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-2. Definitions.   (1)The overflow of inland or tidal waters; (2)The unusual and rapid accumulation or runoff of surface waters from any source. FLOODPROOFING -- Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY -- The same meaning as "regulatory floodway." FLOOR -- The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. FUNCTIONALLY DEPENDENT USE -- A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair. The term does not include long-term storage, manufacture, sales or service facilities. HIGHEST ADJACENT GRADE -- The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. LOWEST FLOOR -- Lowest level, including basement or cellar, of the lowest enclosed area. An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. MANUFACTURED HOME -- A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. MEAN SEA LEVEL -- For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. MOBILE HOME -- The same meaning as "manufactured home." NATIONAL GEODETIC VERTICAL DATUM (NGVD) -- As corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain. NEW CONSTRUCTION -- Structures for which the start of construction commenced on or after the effective date of this chapter. ONE-HUNDRED-YEAR FLOOD -- The same meaning as "base flood." PRINCIPALLY ABOVE GROUND -- At least 51% of the actual cash value of the structure, excluding land value, is above ground. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-2. Definitions.   REGULATORY FLOODWAY -- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 108-5B of this chapter. SAND DUNES -- Naturally occurring accumulations of sand in ridges or mounds landward of the beach. START OF CONSTRUCTION -- The initiation, excluding planning and design, of any phase of a project or physical alteration of the property and shall include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages or sheds), storage trailers and building materials. For manufactured homes the actual start means affixing of the manufactured home to its permanent site. STRUCTURE -- A walled and roofed building, a manufactured home or a gas or liquid storage tank that is principally above ground. SUBSTANTIAL IMPROVEMENT: (1)Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either: (a)Before the improvement or repair is started; or (b)If the structure has been damaged and is being restored, before the damage occurred. (2)For the purposes of this definition, substantial improvement is considered to commence when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (a)Any project for improvement of a structure to comply with existing state or local building, fire, health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or (b)Any alteration of a structure or contributing structure listed on the National Register of Historic Places or a State Inventory of Historic Places. VARIANCE -- A grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter. § 108-3. General provisions. A.Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the Town of East Fishkill. B.Basis for establishing areas of special flood hazard. The areas of special flood hazard are identified by the Federal Emergency Management Agency in a scientific and engineering report entitled the "Flood Insurance Study of the Town of East Fishkill of Dutchess County, New York," dated December 15, 1983, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps dated June 15, 1984, are hereby incorporated into and declared to be a part of this chapter. The Flood Insurance Study and maps are on file at the Town Hall. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-3. General provisions.   C.Interpretation; conflict with other laws. This chapter is adopted in response to revisions to the National Flood Insurance Program effective October 1, 1986, and shall supersede all previous laws adopted for the purpose of establishing and maintaining eligibility for flood insurance. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the higher standards, shall govern. D.Penalties for noncompliance. No structure shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of East Fishkill from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under § 108-7 will be declared noncompliant and notification sent to the Federal Emergency Management Agency. E.Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of East Fishkill, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. § 108-4. Administration. A.Designation of local administrator. The Building Inspector and the Town Planning Board are hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (1)When a proposed development plan is also subject to Planning Board site plan or subdivision approval, the Planning Board shall act as the local administrator with respect to this chapter. (2)When a proposed development is not also subject to Planning Board site plan or subdivision review, the Building Inspector shall act as the local administrator with respect to this chapter. B.Establishment of development permit. A development permit shall be obtained before the start of construction or any other development within the area of special flood hazard as established in § 108-3B. Application for a development permit shall be made on forms furnished by the local administrator and may include but not be limited to plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. C.Application stage. The following information is required where applicable: (1)Elevation in relation to mean sea level of the proposed lowest floor (including basement or cellar) of all structures; (2)Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed; (3)When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in § 108-6C(1); (4)Certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in § 108-6F; (5)Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and (6)Any such other information and technical data as the appropriate local administrator may require. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-4. Administration.   D.Construction stage. Upon placement of the lowest floor, or floodproofing by whatever means, it shall be the duty of the permit holder to submit to the local administrator a certificate of the elevation of the lowest floor, or floodproofed elevation, in relation to mean sea level. The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. When floodproofing is utilized for a particular building, the floodproofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by the same. Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected. § 108-5. Duties and responsibilities of local administrator.   Duties of the local administrator shall include but not be limited to: A.Permit application review. (1)Review all development permit applications to determine that the requirements of this chapter have been satisfied. (2)Review all development permit applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required. (3)Review all development permit applications to determine if the proposed development adversely affects the area of special flood hazard. For the purposes of this chapter, "adversely affects" means physical damage to adjacent properties. An engineering study may be required of the applicant for this purpose. (a)If there is no adverse effect, then the permit shall be granted consistent with the provisions of this chapter. (b)If there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit. (4)Review all development permits for compliance with the provisions of § 108-6E, Encroachments. B.Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with § 108-3B, Basis for establishing the areas of special flood hazard, the local administrator (§ 108-4A) shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 108-6D(4) in order to administer § 108-6F, Specific standards, and § 108-6J, Floodways. C.Information to be obtained and maintained. (1)The appropriate local administrator (§ 108-4A) shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor, including basement or cellar, of all new or substantially improved structures and whether or not the structure contains a basement or cellar. (2)For all new or substantially improved floodproofed structures, the local administrator (§ 108-4B) shall: (a)Obtain and record the actual elevation, in relation to mean sea level, to which the structure has been floodproofed; and _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-5.  Duties and responsibilities of local administrator.   (b)Maintain the floodproofing certifications required in §§ 108-6 and 108-6F. (3)Maintain for public inspection all records pertaining to the provisions of local law, including variances when granted and certificates of compliance. D.Alteration of watercourses. The appropriate local administrator (§ 108-4A) shall: (1)Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Regional Director, Federal Emergency Management Agency, Region II, 26 Federal Plaza, New York, New York 10278. (2)Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. E.Interpretation of FIRM boundaries. (1)The local administrator (§ 108-4A) shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified area of special flood hazard and actual field conditions. (2)Base flood elevation data established pursuant to § 108-3B and/or § 108-5B, when available, shall be used to accurately delineate the area of special flood hazards. (3)The local administrator (§ 108-4A) shall use flood information from any other authoritative source, including historical data, to establish the limits of the area of special flood hazard when base flood elevations are not available. F.Stop-work orders. (1)All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop-work order by the local administrator (§ 108-4A). Disregard of a stop-work order shall be subject to the penalties described in § 108-3E of this chapter. (2)All floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the local administrator (§ 108-4A). Disregard of a stop-work order shall be subject to the penalties described in § 108-3E of this chapter. G.Inspections. The local administrator (§ 108-4A) and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify that the development is in compliance with the requirements of either the development permit or the approved variance. H.Certificate of compliance. (1)It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator (§ 108-4A) stating that the building or land conforms to the requirements of this chapter. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-5.  Duties and responsibilities of local administrator.   (2)All other development occurring within the designated flood hazard area will have upon completion a certificate of compliance issued by the local administrator (§ 108-4A). (3)All certifications shall be based upon the inspections conducted subject to § 108-5G and/or any certified elevations, hydraulic information, floodproofing, anchoring requirements or encroachment analysis which may have been required as a condition of the approved permit. § 108-6. Provisions for flood hazard reduction.   In all areas of special flood hazard the following standards are required: A.Anchoring. (1)All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. (2)All manufactured homes shall be installed using methods and practices which minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Manufactured homes shall be elevated to or above the base flood elevation or two feet above the highest adjacent grade when no base flood elevation has been determined. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. B.Construction materials and methods. (1)All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2)All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. C.Utilities. (1)Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. When designed for location below the base flood elevation, a professional engineer's or architect's certification is required. (2)All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (3)New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. (4)On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-6. Provisions for flood hazard reduction.   D.Subdivision proposals. (1)All subdivision proposals shall be consistent with the need to minimize flood damage. (2)All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (3)All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (4)Base flood elevation data shall be provided for all subdivision proposals and all other proposed developments (including proposals for manufactured home parks and subdivisions). E.Encroachments. (1)All proposed development in riverine situations where no flood elevation data is available (unnumbered A Zones) shall be analyzed to determine the effects on the flood-carrying capacity of the area of special flood hazard set forth in § 108-5A(3), permit review. This may require the submission of additional technical data to assist in the determination. (2)In all areas of special flood hazard in which base flood elevation data is available pursuant to § 108-5B or § 108-6D(4) and no floodway has been determined, the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point. (3)In all areas of special flood hazard where floodway data is provided or available pursuant to § 108-5B, the requirements of § 108-6J, Floodways, shall apply. F.Specific standards. In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 108-3B, Basis for establishing areas of special flood hazard, and § 108-5B, Use of other base flood data, the following additional standards are required: G.Residential construction. New construction and substantial improvement of any residential structure shall: (1)Have the lowest floor, including basement or cellar, elevated two feet or more above the base flood elevation. (2)Have fully enclosed areas below the lowest floor that are subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria: (a)A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (b)The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade; and _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-6. Provisions for flood hazard reduction.   (c)Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. H.Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure, together with attendant utility and sanitary facilities, shall either have the lowest floor, including basement or cellar, elevated two feet or more above the base flood elevation or be floodproofed so that the structure is watertight below the base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (1)If the structure is to be elevated, fully enclosed areas below the base flood elevation shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria: (a)A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (b)The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade; and (c)Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. (2)If the structure is to be floodproofed: (a)A licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice to make the structure watertight, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and (b)A licensed professional engineer or licensed land surveyor shall certify the specific elevation (in relation to mean sea level) to which the structure is floodproofed. (3)The local administrator (§ 108-4A) shall maintain on record a copy of all such certificates noted in this section. I.Construction standards for areas of special flood hazard without base flood elevations. New construction or substantial improvements of structures, including manufactured homes, shall have the lowest floor, including basement, elevated two feet or more above the base flood elevation as may be determined in § 108-5B or two feet above the highest adjacent grade where no elevation data is available. (1)New construction or substantial improvements of structures, including manufactured homes, shall have the lowest floor (including basement) elevated to at least two feet above the highest adjacent grade next to the proposed foundation of the structure. (2)Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria: (a)A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. (b)The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-6. Provisions for flood hazard reduction.   (c)Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. J.Floodways. Located within areas of special flood hazard are areas designated as floodways (see definition, § 108-2). The floodway is an extremely hazardous area due to high-velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by §§ 108-3B and 108-5B, all encroachments, including fill, new construction, substantial improvements and other development, are prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. § 108-7. Variance procedure. A.Appeals Board. (1)The Planning Board as established by the Town of East Fishkill shall hear and decide appeals and requests for variances from the requirements of this chapter. (2)The Planning Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Building Inspector (§ 108-4A) in the enforcement or administration of this chapter. (3)Those aggrieved by the decision of the Planning Board may appeal such decision to the Supreme Court, as provided in Town Law § 282. (4)In passing upon such applications, the Planning Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and: (a)The danger that materials may be swept onto other lands to the injury of others; (b)The danger to life and property due to flooding or erosion damage; (c)The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (d)The importance of the services provided by the proposed facility to the community; (e)The necessity to the facility of a waterfront location, where applicable; (f)The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (g)The compatibility of the proposed use with existing and anticipated development; _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-7. Variance procedure.   (h)The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program of that area; (i)The safety of access to the property in times of flood for ordinary and emergency vehicles; (j)The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding; (k)The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (l)The costs of providing governmental services during and after flood conditions, including search and rescue operations and maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems and streets and bridges. (5)Upon consideration of the factors of § 108-7A(4) and the purposes of this chapter, the Planning Board may attach such conditions in granting any requested variance, as it deems necessary to further the purposes of this chapter. (6)The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency. B.Conditions for variances. (1)Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that § 108-7A(4)(a) through (l) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases. (2)Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the contributing structures procedures set forth in the remainder of this section. (3)Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that: (a)The criteria of Subsection A(1), (4), (5) and (6) of this section are met; (b)The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety; (4)Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (5)Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-7. Variance procedure.   (6)Variances shall only be issued upon receiving written justification: (a)A showing of good and sufficient cause; (b)A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (c)A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. (7)Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation. § 108-8. Fees.   Fees. The Town Board shall set the required fees for development permit applications by resolution.   Chapter 112, GAMES OF CHANCE [HISTORY: Adopted by the Town Board of the Town of East Fishkill 10-7-1976, approved by electors 11-2-1976; amended in its entirety as time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.] GENERAL REFERENCES Bingo -- See Ch. 75. § 112-1. Authorization; license required.   It shall be lawful for any authorized organization, upon obtaining a license as provided in Article 9-A of the General Municipal Law, to conduct games of chance within the Town of East Fishkill, subject to the provisions of this chapter, Article 9-A of the General Municipal Law and the New York State Racing and Wagering Board. § 112-2. Sundays; holidays. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 112, GAMES OF CHANCE                     § 112-2. Sundays; holidays.     The conduct of games of chance on Sunday is only permitted when it is specifically provided for in the license issued. No games of chance, however, shall be conducted on Easter Sunday, Christmas Day, New Year's Eve, Rosh Hashanah or Yom Kippur. § 112-3. Enforcement.   The Chief Law Enforcement Officer of the Town of East Fishkill shall exercise control over and supervision of all games of chance. § 112-4. Summary license applications.   Pursuant to General Municipal Law § 190, Subdivision 3, certain repeat authorized organizations may submit summary applications. Chapter 117, GREENWAY COMPACT [HISTORY: Adopted by the Town Board of the Town of East Fishkill 11-14-2002 by L.L. No. 1-2002. Amendments noted where applicable.] GENERAL REFERENCES Subdivision of land -- See Ch. 163. Zoning -- See Ch. 194. § 117-1.  Adoption of Greenway Connections.  A.Pursuant to the provisions of § 44-0119 of the Environmental Conservation Law of the State of New York, the Town of East Fishkill hereby adopts as a statement of land use policies, principles and guides, the document entitled "Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities" dated March 8, 2000 (hereinafter referred to as "Greenway Connections"), by which action the Town of East Fishkill becomes a participating community in the Greenway Compact.  B.Proposals to amend Greenway Connections may from time to time be made by the Hudson River Valley Greenway Communities Council (hereinafter referred to as "Greenway Council") in response to requests from participating communities. Within 90 days of receipt of any such proposal from the Greenway Council, the Town Board of the Town of East Fishkill shall determine by resolution whether to accept or to reject such proposed amendment. Any proposed amendment so accepted shall be considered an amendment of Greenway Connections as adopted by the Town of East Fishkill. Any proposed amendment rejected by the Town Board will not be considered to be an amendment of Greenway Connections for the Town of East Fishkill, and notice of such rejection shall promptly be provided to the Greenway Council. Failure of the Town Board to accept such proposed amendment shall be deemed a rejection thereof.  C.It is the stated policy of Town Board of the Town of East Fishkill that when the Town considers future enactments or amendments of its land use laws, rules or regulations, the Town Board shall consider, in addition to any other factors and the land use policies set forth in the Town's Master Plan/Comprehensive Plan, the statement of land use policies, principles and guidelines contained in the Greenway Connections, in its deliberative process, and the Town Board shall, prior to enacting such land use law, rule or regulations, make a finding that such law, rule or regulation is consistent with the land use policies, principles and guidelines contained in Greenway Connections, to the extent the Town Board deems appropriate. All determinations made hereunder shall be deemed legislative decisions within the Town Board's legislative discretion.  D.The Town Planning Board, Zoning Board of Appeals, and Architectural Review Board, in their deliberations on any discretionary actions under the Zoning Law, shall, in addition to all other relevant matters, consider the statement of policies, principles and guidelines "Greenway Connections" as such reviewing Board deems appropriate and relevant in its determinations on such discretionary decisions, as set forth in the provisions of the Code relating to Subdivision of Land and Zoning. EN  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 117, GREENWAY COMPACT                     § 117-1.  Adoption of Greenway Connections.   E.Nothing in this chapter adopting Greenway Connections, or in becoming a participating community in the Greenway Compact, is intended, or shall be construed:  (1)To limit the home rule authority of the Town under state law to make local land use and zoning decisions;  (2)To authorize any other entity to supersede the Town's land use laws and regulations or to impose any requirements on the Town; or  (3)To prevent the Town in its sole discretion from adopting a local law at a later date for the purpose of withdrawing from the Greenway Compact or Greenway Connections.        Chapter 131, MOBILE HOME PARKS; HOUSE TRAILERS [HISTORY: Adopted by the Town Board of the Town of East Fishkill 4-4-1974 as Ch. 46 of the 1974 Code. Amendments noted where applicable.] GENERAL REFERENCES Zoning -- See Ch. 194. § 131-1. Title.   This chapter shall be known as the "Mobile Home Parks Ordinance of the Town of East Fishkill." § 131-2. Purpose.   It is the purpose of this chapter to regulate mobile home parks or camps and the use of house trailers in the Town of East Fishkill, Dutchess County, New York, for the promotion of the health, safety, morals and general welfare of the residents of the Town of East Fishkill. § 131-3. Definitions.   As used in this chapter, the following terms shall have the meanings indicated: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 131, MOBILE HOME PARKS; HOUSE TRAILERS                     § 131-3. Definitions.   BUILDING INSPECTOR -- The Building Inspector of the Town of East Fishkill, Dutchess County, New York. CAMP UNIT -- The lot or space in any trailer camp which shall be assigned to or used and occupied by any one house trailer. DEPARTMENT OF HEALTH -- The Dutchess County Department of Health. MOBILE HOME or HOUSE TRAILER -- Any dwelling unit or residence on wheels, skids, rollers, flatbed trailer or other trailer, with or without its own motive power designed to be used for human habitation or for carrying persons or property, including such units as arrive at a site of use as a dwelling more or less complete and ready for occupancy except for unpacking and assembly operations and placing on temporary or semipermanent or permanent foundations and connecting to utilities. Any addition to such house trailer shall, for the purpose of this chapter, be deemed to be a part of such house trailer. The terms "mobile home" and "house trailer" are intended to be used entirely interchangeably in this chapter. PLANNING BOARD -- The Planning Board of the Town of East Fishkill, Dutchess County, New York. EN TOWN CLERK -- The Town Clerk of the Town of East Fishkill, Dutchess County, New York. TRAILER CAMP, TRAILER PARK or MOBILE HOME PARK -- Any lot, piece or parcel of ground whereon two or more house trailers are located or parked otherwise than for the purpose of loading, unloading or discharge or entrance of occupants or passengers. As used in this chapter, the terms "trailer camp," "trailer park" and "mobile home park" are entirely interchangeable and mean one and the same thing. ZONING BOARD OF APPEALS -- The Zoning Board of Appeals of the Town of East Fishkill, Dutchess County, New York. ZONING ORDINANCE -- The Zoning Ordinance of the Town of East Fishkill, Dutchess County, New York.EN § 131-4. License required. A.It shall be unlawful for any person, firm or corporation to establish, maintain, operate or conduct a mobile home park within the Town of East Fishkill unless duly licensed to do so as hereinafter provided; further, it shall be unlawful for any person or persons or corporation being the owner of real property in the town to use or permit others to use such land for or as a mobile home park unless such use be licensed and comply in all respects with this chapter. B.Existing mobile home parks. The licensing provisions of this chapter shall apply to existing mobile home parks in the Town of East Fishkill, including the one-time-charge application fee as set from time to time by the Town Board; however, the applicant for a license for an existing mobile home park shall set forth only a response to those matters required under § 131-5A. This chapter shall apply in all respects to any addition or modification to any existing mobile home park.EN C.The licensing investigation fee set forth in § 131-5B hereinafter shall be a one-time charge made at the time of initial application for a license. There shall be no charge for a renewal of such license as set forth under § 131-10 hereof. D.This chapter is intended to be read in conformity with the Zoning Ordinance and as it may from time to time be amended; mobile home parks may be established subject to this chapter and be located only in such areas or zones of the town as permitted by said ordinances. § 131-5. Application for license; processing. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 131, MOBILE HOME PARKS; HOUSE TRAILERS                     § 131-5. Application for license; processing.   A.Every person, firm or corporation desiring a license to conduct a trailer camp within the Town of East Fishkill shall first make application in writing for such license to the Town Clerk. Said application shall state the name and address of the applicant, the nature and extent of his interest in the business for which a license is desired and whether he is the owner of the property, and if not the owner, the name, address and written consent, duly acknowledged, of the owner, and shall give a legal and concise description of the property to be used. Said application shall also state the number of units therein and such information as may be required by the Town Clerk or other proper officers of the Town of East Fishkill, County of Dutchess and State of New York. Such application shall be accompanied by a plan, drawn to scale, which must clearly show the extent and area to be used for automobile, trailer or house cars and the location of all of the proposed sanitary conveniences, toilets, washrooms, laundry buildings, slop sinks, garbage disposal and the proposed method of sewage disposal or removal and the plan for water supply and lighting. B.Such application shall indicate compliance with the minimum requirements as set by the rules and regulations of the State Department of Health, the Dutchess County Health Department and the Sanitary Code of the State of New York. There shall be endorsed thereon the approval of the Health Department and Planning Board. Such application shall be accompanied by the written consents, duly acknowledged, of the owners of 50% of lands within a radius of 2,500 feet of the boundaries of the lands proposed to be used. Such application shall be accompanied by an investigation fee in an amount as set from time to time by the Town Council. EN C.The Town Clerk shall submit said application and plan to the Building Inspector, who shall examine the same and inspect the property, application and plan and either approve or disapprove the same, and if the same is approved, such approval shall be endorsed upon the application, and if disapproved, the application shall be endorsed accordingly, together with the reason or reasons for such disapproval. The Town Clerk shall thereafter refer said application and all documents submitted therewith to the Zoning Board of Appeals, which shall within 90 days hold a public hearing on such application. If approved, such Zoning Board of Appeals shall direct the Town Clerk to issue a license, and if disapproved, shall give the reason for such action. § 131-6. General regulations. A.No trailer park or camp shall be located within 2,500 feet of the boundary line of any property used for public school purposes. B.All land used for trailer parks or camps shall be located in well-drained sites comprising a minimum of 10 acres, free from heavy or dense growth of brush or weeds. The land shall be properly graded so as to ensure rapid drainage during and following rain and shall be drained so as to be free from pools of stagnant water. C.Each unit in any trailer park or camp shall be not less than 1/4 acre in area, clearly defined by markers in each corner, and no more than one house trailer shall be permitted to occupy one unit. Units shall be grouped in blocks, with streets at least 30 feet wide in each block. Said streets shall be constructed and surfaced in accordance with the town road specifications and approved by the Town Superintendent of Highways. Each camp unit shall have at least thirty-foot frontage on such a street. Trailers shall be so placed on each unit that there shall be a distance of at least 20 feet to any front, rear or side lot line, and no camp unit shall be located within 50 feet of the boundary of a trailer camp. Each trailer on a unit space shall be so located in such manner as to provide off-street parking space for a minimum of one motor vehicle. § 131-7. Sanitary and other facilities.   Each trailer camp shall be provided with toilets, urinals, washbasins, slop basins, sinks, garbage receptacles, shower baths, water faucets in accordance with the following: A.Not less than one toilet for each sex for every 10 units or fraction thereof. B.Each toilet room shall be provided with at least one lavatory with hot and cold running water. C.One shower bath shall be provided for each sex for every 10 units or fraction thereof. D.All toilets, sinks, showers, and urinals shall be placed in properly constructed buildings located within 500 feet of each trailer unit which they are supposed to service. E.Toilet buildings shall be well lighted at all times, day or night, well ventilated with screened openings and constructed of such moistureproof material as shall permit rapid and satisfactory cleaning, scouring and washing. F.The floor of all toilet rooms shall be of concrete, tile or similar material elevated not less than eight inches above grade and shall slope to a floor drain located in each room. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 131, MOBILE HOME PARKS; HOUSE TRAILERS                     § 131-7. Sanitary and other facilities.   G.The slop sinks or basins with water supply shall be provided to serve each 10 units and shall be constructed in accordance with the design, size and material approved by the Department of Health and the Building Inspector. H.All plumbing installations shall be made in accordance with the requirements of the state health laws and rules, and all sewer drains, etc., shall be connected to a town sewer if the camp is located on a highway which has a town sewer available or to a properly constructed septic system constructed in accordance with the requirements of the Department of Health and under the inspection and supervision of said Department and the Building Inspector. I.Where toilet and bathing facilities are provided for both sexes in the same building, a tight soundproof wall shall be constructed between the male and female sections. J.All bathtubs are prohibited. K.No waste water shall be discharged from any waste tanks upon the ground, but disposal of waste water shall be in accordance with directions and specifications provided by the Department of Health and the Building Inspector. L.A covered metal garbage pail and a covered metal rubbish container shall be provided for each unit and shall be of such capacity as to properly take care of all garbage and rubbish emanating from the units intended to be served, and the same shall be emptied and the contents properly disposed of by the owner or operator of the trailer park or camp every 24 hours, and such containers shall at all times be kept securely covered and in a sanitary condition. M.Inasmuch as the disposal of chemical toilet wastes to septic systems will affect their septic action and seriously damage the system, such disposal is therefore prohibited. N.Only such water supply as shall be approved by the Department of Health and the Building Inspector shall be used in any trailer park or camp. O.Each trailer camp shall provide certain electric service connections and outlets for each unit, all such to be of a type approved by the New York State Board of Fire Underwriters. P.Playground areas shall be provided and shall be restricted to such use. These areas shall be protected from the main highway and from parking areas. A minimum of 1,000 square feet per camp unit shall be made available in one or more places for such playground use. § 131-8. Management; duties of licensees. A.Every trailer park or camp shall be under the direct management of the owner of the license or his agent or representative. Such person or persons must be of good reputation and character and shall operate such park or camp from an office located on the grounds, in which office shall be maintained a bound book containing a record of the names of all persons accommodated at the park or camp, their home addresses, the license number and make, color and registration number of their automobile or trailer, and such record shall at all times be available for inspection by any peace officer of Dutchess County or any other law enforcement officer of the Town of East Fishkill, Dutchess County, New York. B.It shall be the duty of the licensee of any such park or camp to: (1)Provide for the collection of garbage and any other waste material. (2)Prohibit the placing or storage of unsightly materials or vehicles of any kind. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 131, MOBILE HOME PARKS; HOUSE TRAILERS                     § 131-8. Management; duties of licensees.   (3)Provide for cleaning, painting, repairing and disinfecting all buildings. (4)Take such other measures which shall be deemed necessary by the Town Board, the Dutchess County Department of Health, the Building Inspector and the Zoning Board of Appeals to preserve the health, comfort and safety of all persons accommodated in the park or the general public. (5)Report all cases of communicable diseases or suspected cases of communicable diseases affecting any occupant of the camp. (6)Prevent the committing of any nuisance in the camp or on the camp premises and report immediately to the proper public authorities all acts of a disorderly character committed by any person or persons inside the camp. § 131-9. Fire and accident provisions. A.All trailer camps shall be provided with adequate protection consisting of a hydrant or hydrants, when feasible, fire hose and fire extinguishers so located that the same shall be available immediately in the event of a fire and as specified and approved by the Fire Chief of the East Fishkill Fire District. Such fire equipment shall be inspected by the Fire Chief of the East Fishkill Fire District at regular intervals and shall at all times meet with his approval. B.All gasoline and other flammable fluids shall be stored underground, and such storage and handling of such combustible materials shall be under the supervision of the Building Inspector. C.Suitable telephone facilities, accessible at all times, shall be provided at all such camps to enable the Fire Department to be called in case of fire. § 131-10. Duration of licenses.   Any license issued for a trailer camp pursuant to this chapter shall be valid until January 1 next succeeding the date of issuance and shall be renewed annually thereafter by the Town Clerk. Any such license issued pursuant to this chapter shall not be transferable or assignable. § 131-11. Revocation of license.   In the event that it is made to appear to any police officer, health officer or any authorized representative of the Town of East Fishkill, including the Board of Zoning Appeals, that a trailer camp or park is in any way not being maintained in accordance with the provisions of this chapter or is in any way violating the Zoning Ordinance of the Town of East Fishkill or any other law or regulation relating to trailer parks or camps, the Board of Zoning Appeals may revoke or suspend the license granted under the authority of this chapter after a hearing at which the testimony of the complaining official or officials, plus witnesses, and the holder of the license shall be heard. In the event the license following said hearing is revoked, the premises shall forthwith cease to be used for the purpose of a trailer camp or park and all house trailers shall forthwith be removed therefrom. § 131-12. Uses of mobile homes.   No persons shall use or park any house trailer within the Town of East Fishkill except within the limits of a duly licensed trailer park or camp. None of the provisions of this chapter, however, shall apply to the sale, storage or garaging of a house trailer or house trailers, provided the same are unoccupied and are not used for sleeping or living purposes and are not being stored in violation of the Zoning Ordinance or other ordinance of the town. § 131-13. Penalties for offenses. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 131, MOBILE HOME PARKS; HOUSE TRAILERS                     § 131-13. Penalties for offenses.     Any person, persons, firms, associations or corporations committing an offense against any of the provisions of this chapter or of any section or part thereof shall be guilty of a violation and, upon conviction thereof, may be fined not more than $250 or be imprisoned for not more than 15 days, or both. In addition, an offense against any section or provision of this chapter shall subject the person, firm or corporation committing the same to a civil penalty in the sum of $100 for each 24 hours continued violation thereof, and said penalty shall be recovered by the Town of East Fishkill in a civil action. In addition, the town authorities shall have such other remedies as are provided by law to restrain, correct or abate any offense against this chapter, including the enforced removal of conditions prohibited by this chapter.   Chapter 136, PARKS AND RECREATION AREAS [HISTORY: Adopted by the Town Board of the Town of East Fishkill 9-9-1976 by L.L. No. 2-1976. Amendments noted where applicable.] § 136-1. Definitions.   As used in this chapter, the following terms shall have the meanings indicated: COMMITTEE -- The East Fishkill Recreation Commission. EN MEMBER -- A person who is a member of the Commission. PARK -- A park, playground or any other recreation area in the town owned by the town and devoted to recreation purposes. "Park" shall also be deemed to include any building or recreation facility located on town property used for recreation purposes. The above properties include Red Wing Park as well as all other recreation properties owned by the town. PARK OFFICIAL -- A person who is appointed and/or employed by the Town Board and in charge of any park area and/or the activities conducted thereon. A "park official" is also any employee or duly appointed official of the town who is conducting any activity or is working or employed in any area of any park for park or recreation purposes. TOWN -- The Town of East Fishkill. TOWN BOARD -- The Town Board of East Fishkill. § 136-2. Prohibited activities.   No person in a park shall: A.Willfully mark, deface, disfigure, injure, tamper with, displace or remove any building or portion thereof, any bridge, table, bench, fireplace, railing, paving, light, dock, waterline or other public utility or part thereof, sign, notice or placard, monument, stake, fence, post or other boundary marker, or other structure or equipment, facilities or park property or appurtenances whatsoever, either real or personal. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 136, PARKS AND RECREATION AREAS                     § 136-2. Prohibited activities.   B.Use the rest rooms, washrooms or bathhouse facilities designated for the opposite sex. C.Dig or remove any sand, earth, rock, stone, tree, shrub, plant, flowers, grass, timber or log, whether standing or cut, or any other material, or make any excavation by tool, equipment, blasting or other means or agency, or attach or cause to be attached any rope, wire or other device to any tree, plant or building without the prior approval of the Commission. D.Cause or permit any animal owned by him, in his custody or under his control to go or become at large. Dogs shall be restrained by a leash not exceeding six feet in length. It shall be the duty of each dog owner or person having possession, custody or control of a dog to remove any feces left by his dog in any park and to dispose of the same in a safe and sanitary manner. EN E.Ride or drive a horse except when allowed by a permit. Such permits may be issued at the discretion of the Commission. F.Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw stones or any missiles at or give or offer any poisonous food to any animal, reptile, bird or the eggs of same, except that the foregoing shall not prohibit the killing of any deadly reptile. G.Throw, discharge or otherwise place or cause to be placed in the waters or upon the ground or trees or plants of any park any substance, matter or thing, whether liquid or solid, which will or may result in the pollution of said waters or damage to said ground, tree or plant. H.Dump, deposit or leave, or cause to be dumped, deposited or left, any bottle, broken glass, ashes (other than ashes from and in a designated and permanently constructed fireplace or temporary fireplace designated by a permit), paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash upon the grounds or waters of a park or leave such materials anywhere in a park, except for those items that are placed in the receptacles so provided for the deposit of such items. Where no receptacles are so provided, all such rubbish and waste shall be carried away from a park by the person or persons responsible for its presence and properly disposed of elsewhere. I.Golfing activity is prohibited.EN § 136-3. Traffic regulations. A.No person in any park shall: (1)Fail to comply with all the applicable provisions of the Vehicle and Traffic Laws of the State of New York, together with such supplemental regulations as are herein set forth. (2)Fail to obey all police officers, traffic officers, members or park officials, whenever such persons are directing traffic or parking in a park, such police officers, traffic officers, members and park officials being hereby authorized and instructed to direct traffic and parking whenever and wherever needed in a park. (3)Fail to observe and obey all traffic and parking signs indicating speed, directions, caution, stopping, parking or no-parking and all other signs posted for proper control and to safeguard life and property. (4)Park and leave a motor vehicle overnight in any area of a park, except as authorized by the Commission. (5)Park a motor vehicle on park property, unless the operator or owner thereof shall use or be making use of the recreation facilities of such park during the time that the said motor vehicle is parked in said park. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 136, PARKS AND RECREATION AREAS                     § 136-3. Traffic regulations.   (6)Operate a snowmobile, trail bike or unlicensed motor vehicle in any park in the town. B.No person in Red Wing Park shall: (1)Ride a bicycle on other than the paved road or parking area or park said vehicle in any place other than a bicycle rack, when so provided, or other than a parking area designated for the parking of bicycles. § 136-4. Recreational activities. A.No person in any park shall: (1)Take part in or abet in the playing of any game or other recreational entertainment except in areas so designated for such forms of entertainment. The throwing, shooting or projecting of any stones, arrows or javelins or the operation of any model airplane shall not be permitted in a park unless in an area specifically designated by the Commission. (2)Leave a picnic area before all trash and refuse is placed in receptacles, when provided, and if no such receptacles are provided, leave such picnic area without carrying away from said area the aforesaid trash or refuse. No person shall leave such picnic area before a fire being used by such person is completely extinguished. (3)Camp or erect a tent or any other temporary or any mobile shelter, except as otherwise permitted upon application to the Commission, and in such cases only in the area so designated for such camping purposes. B.No person in Red Wing Park shall: (1)Swim, enter into or wade in any waters located thereon, except in compliance with such rules and regulations pertaining thereto as are established from time to time by the Commission, such rules and regulations to be posted prominently within the confines of Red Wing Park. (2)Bring in or operate any boat, raft or other watercraft, whether motor-powered or not, upon any waters in the park, except at such time, in such places and under such conditions as are designated by the Committee. Motor-powered boats are to be strictly forbidden from Red Wing Park except as they are required for official duties authorized by the Commission. (3)Fish in any waters of Red Wing Park, whether by the use of a hook and line, net or other device, except in such waters and at such times as designated by the Commission. § 136-5. General conduct.   No person in a park shall: A.Bring in or upon, have brought in or upon or cause to be brought in or upon a park or grounds thereof any alcoholic beverage, nor sell, purchase, consume or drink any alcoholic beverage at any time in a park. Any person entering a park or found within a park to be under the influence of alcoholic liquor shall be immediately removed by a police officer. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 136, PARKS AND RECREATION AREAS                     § 136-5. General conduct.   B.Bring in or cause to be brought in, or have in his possession or set off or otherwise cause to be exploded, discharged or burned, any firecracker, torpedo, rocket or other fireworks or explosive or flammable material, or discharge them or throw them into any area of a park or from any area of a park upon the land adjacent thereto. Notwithstanding the foregoing, park grounds or facilities thereon may be used for a scheduled fireworks program under a permit granted by the Commission. C.Bring in or cause to be brought in or have in his possession: (1)Any pistol, revolver or objects upon which loaded or blank cartridges may be used. Official starters at authorized athletic events are excepted from this restriction. (2)Any rifle, shotgun, air gun, spring gun, slingshot, bow or other instrument or weapon in which the propelling force is a spring or air. D.Build or attempt to build a fire except in a fireplace designated and constructed for such purposes and under such regulations as may be adopted from time to time by the Committee. No person shall drop, throw or otherwise scatter lighted matches, burning cigars or cigarettes, tobacco or other flammable material within a park. Notwithstanding the foregoing, gas stoves and charcoal grills are permitted in authorized picnic areas but must be attended at all times when in use. E.Enter upon ice except such ice designated by the Commission for skating purposes, provided that a safety signal of the Commission is displayed on said ice or on an adjacent area. F.Engage in any disorderly conduct or any behavior tending to cause a breach of the public peace. No person shall disturb or otherwise interfere with any other person or group of persons occupying any area or engaging in any organized activity. G.Sell or offer for sale any object, merchandise or service or any other thing within a park, except by a permit from the Commission. H.Ride a bicycle or roller skate or rollerblade without wearing a helmet. Proper protective gear shall be worn for all sports and activities. EN § 136-6. Additional rules authorized; hours; fees; residency requirements. A.The Commission is hereby authorized to adopt any additional rules and regulations with respect to parks and recreational facilities of the town and with respect to the conduct of the public in said parks, provided that such rules and regulations are not inconsistent or in conflict with the provisions herein set forth, and provided that any material changes herein shall be approved by the Town Board. B.The opening and closing hours of the parks shall be set by the Commission and shall be posted at the entrance to each park so that opening and closing times will be easily noticeable by the public. No person or persons shall enter upon or remain in a park or any buildings or grounds thereof at times when the park is closed. C.There shall be no charges or fees for admission to or in the parks of the town except: (1)Red Wing Park for which there shall be a fee or charge which will be used solely to offset the expenses of such park. (2)As established or authorized by the Commission, provided that the proceeds thereof and therefrom, less the reasonable expenses of such event, shall be paid to the Commission and deposited and used by it as provided by law. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 136, PARKS AND RECREATION AREAS                     § 136-6. Additional rules authorized; hours; fees;  residency requirements.   D.Notwithstanding the provisions of Subsection C above, fees or admissions may be charged for special facilities and services in the parks of the town under the operation of the Commission. E.The parks and facilities of the town shall be open to residents of the Town of East Fishkill and their guests. The Commission may establish rules and regulations with respect to determining the number and eligibility of such guests. § 136-7. Permit required for certain activities; issuance; revocation. A.No permit shall be required for use of the parks and the facilities therein except as follows: (1)Whenever any organization or group desires to use a certain area of a park for its exclusive use for a period of one day or any part thereof, such organization or group shall make application to the Commission and shall set forth the name and address of the organization or group; the name and address of the person, persons, corporation or association sponsoring the activity, if any; the day and hours for which the permit is desired; an estimate of the anticipated attendance; the charges or fees, if otherwise permitted as aforesaid, being charged to members or persons attending; and any other information which the Commission shall find reasonably necessary to determine whether or not the permit should be issued hereunder. (2)If the Commission determines that the applicant is to be permitted to use the area of the park requested, such approval of such permit may be conditioned upon the issuance of a certificate of liability insurance to the organization or group, listing thereon the Town of East Fishkill as an additional insured on the said policy with coverage in the amount of $100,000/$300,000 for bodily property damage per accident. Such approval shall further be conditioned upon an agreement by the applicant to indemnify the town in the event that any damage or destruction is caused by members of such organization or as a result of such applicant's use. No such permit shall be issued until the aforesaid has been complied with. (3)Notwithstanding the aforesaid, no permit shall be issued to any organization other than an organization which has its principal office or meeting place in the Town of East Fishkill and of which more than 1/2 of its members shall be residents of the Town of East Fishkill. The Commission is further empowered to waive any provision of this Subsection A. B.The Commission shall only issue a permit hereunder when it determines: (1)That the proposed activity or use of the park or recreation facilities will not unreasonably interfere with or detract from the proper enjoyment of the area by others. (2)That the proposed activity or use will not unreasonably interfere with or detract from the promotion of the public health, welfare, safety and recreation. (3)That the proposed activity or use is not unreasonably anticipated to incite the participants therein or others to be disorderly. (4)That the proposed activity will not entail any additional expense to the Town of East Fishkill. (5)That the requested area or facilities desired have not been reserved for any other use or group on the day and hour requested in the application. (6)That the proposed activity or use will be supervised by or be under the immediate direction and control of responsible residents of the town. C.All applications shall be submitted at a regular meeting of the Commission and at least 10 days prior to the date requested, and the Commission shall apprise the applicant within five days thereafter as to whether or not the permit has been granted, and if so granted, any reasonable conditions that may be imposed by the Commission, such Commission being hereby authorized to impose any reasonable conditions to such permit. Any applicant, group or person denied a permit shall have the right to appeal to the Town Board, which shall consider the application under the aforesaid standards set forth in Subsection B and which may thereafter sustain or overrule the decision of the Commission. The decision of the Town Board shall be final. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 136, PARKS AND RECREATION AREAS                     § 136-7. Permit required for certain activities;  issuance; revocation.   D.All permits shall be subject to the rules and regulations established by the Commission, the applicable provisions herein contained and any conditions set forth in the permit. E.The Commission shall have the authority to revoke any permit upon the finding or determination by it, in its discretion, that there has been a violation of any conditions set forth in the permit, any rule or regulation of the Commission or any provision herein contained. § 136-8. Penalties for offenses. [Amended 7-25-1985 by L.L. No. 8-1985]   Any person committing an offense against any of the provisions of Chapter 48 of the East Fishkill Code shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. § 136-9. Construction; word usage.   In the interpretation of this chapter, the provisions shall be construed as follows: A.Any term in the singular shall include the plural. B.Any term in the masculine shall include the feminine and neuter. C.Any requirement or prohibition of any act shall, respectively, extend to and include the causing and procuring, directly or indirectly, of such act. D.No provision hereof shall make unlawful any act necessarily performed by any officer or employee of the Commission in the line of duty or work, as such, or by any person, his agent or employees in the proper and necessary execution of the terms of any agreement with the Commission. E.Any act otherwise prohibited by law or local ordinance shall be lawful if performed under, by virtue of and strictly within the provisions of a permit to do so, and to the extent authorized thereby.   Chapter 140, PEDDLING AND SOLICITING [HISTORY: Adopted by the Town Board of the Town of East Fishkill 9-14-1989 by L.L. No. 5-1989. Amendments noted where applicable.] § 140-1. Definitions. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 140, PEDDLING AND SOLICITING                     § 140-1. Definitions.     As used in this chapter, the following terms shall have the meanings indicated: PUBLIC STREET OR SIDEWALK -- All areas legally open to public use as public streets, sidewalks, roadways, highways, parkways, alleys and any other public way. SOLICITOR/PEDDLER/VENDOR -- Any person, including an employee or agent of another, who sells or offers to sell food, beverages, goods or merchandise on any public street or sidewalk from a stand, motor vehicle or from his or her person, or one who travels by foot, wagon, motor vehicle, pushcart or any other method of transportation from house to house or street to street selling or offering to sell food, beverages, goods or merchandise. STAND -- Any newsstand, table, bench, booth, rack, handcart, pushcart or any other fixture or device which is not required to be licensed and registered by the Department of Motor Vehicles, used for the display, storage or transportation of articles offered for sale by a vendor. STATIONARY SOLICITOR, PEDDLER OR VENDOR -- A solicitor, peddler or vendor who uses a vehicle or stand and who operates from the same location for more than three days. [Amended 9-13-1990 by L.L. No. 7-1990] § 140-2. License required; special permit required for stationary vendor. A.It shall be unlawful for any person, except as exempted herein, to solicit, peddle or vend within the Town of East Fishkill, without first obtaining a license from the East Fishkill Town Clerk, as herein provided. B.A stationary vendor as defined herein shall be required to obtain a special permit in accordance with § 194-66 in order to obtain a license pursuant to this chapter. § 140-3. Exemptions. A.No part of this chapter shall be enforced so as to conflict with Article 4, Section 32, of the General Business Law of the State of New York, providing for exemption for veterans. B.[Amended 9-12-1996 by L.L. No. 10-1996] The requirements of this chapter shall not apply to the following, provided that official uniforms, clothing or other suitable identification is displayed: (1)Any nonprofit religious, charitable, educational, civic or political organization. (2)Any such organization as the Boy Scouts, Girl Scouts or local volunteer firemen. (3)This exemption does not authorize any person to occupy any portion of a highway for the purpose of solicitation of monetary contributions, as prohibited by Vehicle and Traffic Law § 1157, Subdivision (c), and § 177-12 of the East Fishkill Code. C.Nothing in this chapter shall be held to apply to: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 140, PEDDLING AND SOLICITING                     § 140-3. Exemptions.   (1)Sales conducted pursuant to statute or by order of any court. (2)Persons selling personal property at wholesale to dealers in such articles. (3)The peddling of meats, fish, fruit and similar produce by farmers and persons who produce such commodities. (4)Dealers in milk, baked goods, heating oil, daily newspapers and books. (5)Licensed real estate brokers. § 140-4. License application requirements.   Applications for licenses or a renewal thereof by solicitors, peddlers or vendors shall be made to the Town Clerk, shall be sworn and in writing, and shall contain the following information: A.Name, age, telephone number, permanent address and current address, if different. B.Physical description of the applicant. C.A brief description of the nature of the business to be conducted and the goods to be sold. D.If employed, the name and address of the employer, together with credentials establishing the exact relationship. E.The names of all municipalities in which the applicant has carried on the business of soliciting, peddling or vending orders during the preceding six months. F.If a vehicle is to be used, a description of such vehicle and its license number. G.A description of the proposed location(s) of the vending business and the length of time during which it is proposed that the business shall be conducted. H.The place where the goods or property to be sold or offered for sale are manufactured or produced, where such goods or property are located at the time such application is filed and the proposed method of delivery. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 140, PEDDLING AND SOLICITING                     § 140-4. License application requirements.   I.A photograph of the applicant taken within 60 days immediately prior to the date of the application, which photograph shall clearly show the head and shoulders of the applicant and shall measure 2 inches by 2 inches. J.Two business references located in the County of Dutchess, State of New York, or, in lieu thereof, such other available evidence of the character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and responsibility. K.A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance regarding soliciting, peddling or vending, the nature of the offense and the punishment or penalty assessed therefor. L.If the application is for a license to handle food in any form, the applicant shall submit a valid permit issued by the Dutchess County Health Department establishing compliance with the provisions of the Dutchess County Public Health Regulations. M.If the applicant requires the use of weighing and/or measuring devices, such application shall be accompanied by a certificate, not more than six months old, from the County Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by applicant have been examined and approved. N.Proof that applicant holds a New York State Sales Tax Identification Number. O.A copy of any other license or permit required by any other governmental agency in connection with the applicant's business. P.Any change in circumstances with regard to the information provided in the application or on the license shall be reported to the Town Clerk within 30 days. Q.A certificate of insurance as required pursuant to § 140-7. § 140-5. License/application procedure. A.An application to solicit, peddle or vend accompanied by all required information shall be submitted to the East Fishkill Town Clerk. The Clerk shall refer the application to the Chief of Police. B.The Chief of Police shall review and investigate the application and make a determination within 30 days of receipt. The Chief of Police, after such investigation, may reject, in writing, an application for a license if the issuance of the license would involve an unreasonable risk to property or to the safety or welfare of specific individuals or of the general public. [Amended 9-13-1990 by L.L. No. 7-1990] C.In the absence of any such finding, the Chief of Police shall find the application satisfactory, shall endorse his approval subject to conditions of § 140-5D on the application and shall return the application to the Clerk. D.The police may impose reasonable conditions on a license to ensure that any peddling from a vehicle in the public way does not interfere with traffic flow and safety. Such conditions may include, but are not limited to, placement of vehicles used in peddling, parking and hours of operation. E.If approved, the Town Clerk will issue a license after payment of the appropriate fee pursuant to § 140-6 and the license shall contain the following information: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 140, PEDDLING AND SOLICITING                     § 140-5. License/application procedure.   (1)The name, address and photograph of the licensee. (2)The kind of goods to be peddled or solicited thereunder. (3)The amount of fee paid. (4)The peddler's license number. (5)The date of issuance and the date of expiration of such license. (6)The signature of the Town Clerk or authorized deputy. (7)Any conditions imposed by the Chief of Police. F.Denial of a license is subject to review by the Town Board, upon application within 30 days of the date of the denial. § 140-6. Fees. EN   An applicant for a license under this chapter shall pay an annual license fee, per vendor, as set from time to time by the Town Board. § 140-7. Insurance.   No license shall be issued to an applicant unless the applicant furnishes proof to the town of a public liability bond or insurance policy in an amount not less than $300,000 for property damage and injuries, including injury resulting in death, caused by the operation of the vending business. § 140-8. License to be carried; replacement of lost license.EN   Each licensee shall carry on his person all licenses issued by the Police Department at all times and shall exhibit same to any town official or police officer upon request. If such license is lost or stolen, such shall be reported to the Town Clerk within 10 days. Upon such notification, the Town Clerk shall issue a replacement license, payable to the Town Clerk, in an amount as set from time to time by the Town Board. § 140-9. Transferability. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 140, PEDDLING AND SOLICITING                     § 140-9. Transferability.     No license issued pursuant to this chapter may be used or displayed at any time by any person other than the person whose name and picture appear on the license. § 140-10. Restrictions. A.Restricted and prohibited locations. (1)Pursuant to § 1157, Subdivision (c), and § 1800 of the New York State Vehicle and Traffic Law, no solicitor/peddler/vendor shall occupy any part of a state highway in any manner for the purpose of selling or soliciting, except a veteran holding a peddler's license pursuant to Article 4 (§ 32 and following) of the General Business Law. Pursuant to § 177-12 of the East Fishkill Code, no person shall occupy any part of any highway in the Town of East Fishkill in any manner for the purposes of soliciting monetary contributions. [Amended 9-12-1996 by L.L. No. 10-1996] (2)No solicitor/peddler/vendor who is licensed by the town to sell from a vehicle shall solicit, peddle or vend on privately owned lands without permission from the owner unless specifically authorized by the Town Board to do so for an event such as a flea market, carnival, circus, community day or any similar activity. (3)It shall be unlawful for any solicitor, peddler or vendor in plying his trade to enter upon any premises or property, or to ring the doorbell or knock upon or enter any building whereon there is painted or otherwise affixed or displayed to public view any sign containing any or all of the following words: "No solicitors, peddlers or vendors," or other wording, the purpose of which purports to prohibit soliciting or peddling on the premises. (4)No solicitor/peddler/vendor who is licensed by the town shall permit any vehicle used in such business to stand or remain: (a)Within 200 feet of any intersection. (b)On any crosswalk. (c)Within 250 feet of any school, public building, residence or commercial establishment. (5)No solicitor/peddler/vendor shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location without a special permit, nor shall any be permitted to operate in a congested area where such operation might impede access to the entrance of any adjacent building or driveway or inconvenience the public. For the purpose of this chapter, the judgment of any police officer or Building Inspector exercised in good faith shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. B.Use of signs and displays. It shall be lawful for peddlers to use signs which are painted on or affixed to a peddler's vehicle, provided same do not exceed the dimensions of the vehicle on which they are placed, and such vehicle can be driven safely with the sign as affixed. Such permitted signs shall be exempt from the provisions of the East Fishkill Zoning Ordinance. EN The use of other movable, portable and/or freestanding signs by solicitors, peddlers or vendors is prohibited. C.Other restrictions: (1)No solicitor, peddler or vendor may operate in violation of any conditions imposed in his license. (2)Solicitors, peddlers or vendors are responsible for the cleanup of any debris associated with their business. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 140, PEDDLING AND SOLICITING                     § 140-11. Enforcement.   § 140-11. Enforcement.   The East Fishkill Police Department and the Building Inspector shall enforce the provisions of this chapter. § 140-12. Penalties for offenses. [Amended 9-13-1990 by L.L. No. 7-1990]   A violation of this chapter is a Class A misdemeanor. Each such violation shall, upon conviction, be punishable by a fine not to exceed $1,000 or imprisonment not to exceed 15 days, or both. Multiple violations shall be subject to the maximum penalties allowable by law. § 140-13. Revocation of license. [Amended 9-13-1990 by L.L. No. 7-1990]   Licenses issued under the provisions of this Chapter may be revoked by the Town Board of the Town of East Fishkill after notice and hearing, for any of the following causes: A.Fraud, misrepresentation or false statement contained in the application for license. B.Fraud, misrepresentation or false statement made in the course of carrying on business as a peddler/solicitor/vendor. C.Any violation of this chapter. D.Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. E.Upon the recommendation of the Dutchess County Department of Health that the sale of food or food products or other edibles is being conducted under unsanitary conditions or that there is a violation of law, regulation, code or ordinance cited by the Dutchess County Department of Health. § 140-14. Records.   The Town Clerk shall keep an accurate record of all licenses issued under this chapter. § 140-15. License period. [Amended 9-13-1990 by L.L. No. 7-1990]   A license issued pursuant to this chapter shall be good for one year from date of issuance. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 140, PEDDLING AND SOLICITING                     § 140-16. Renewal.   § 140-16. Renewal.   Application for renewal shall be processed as new applications. The town shall review each application for renewal to determine that: A.The applicant is in full compliance with the provisions of this chapter. B.The applicant has a currently effective insurance policy in the minimum amount provided for in § 140-7. If the town finds that the application meets the above requirements, the town shall issue a license for a period of one year.   Chapter 152, SEWERS [HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.] ARTICLE I, Standards for Sewer Construction [Adopted 4-10-1975] § 152-1. Scope. A.These specifications shall be used for the construction of sewers within the Town of East Fishkill. These include the public sewers within the streets and on rights-of-way and building sewers, including the necessary structures such as manholes, pump stations and appurtenances. These specifications shall be considered to be minimum acceptable standards for construction. B.Upon approval of the Engineer, the owner may use as alternative specifications applicable standards of the Dutchess County Health Department, the New York State Department of Environmental Conservation and other agencies of jurisdiction, if said standards meet or exceed the specifications herein, but the owner in no case shall be allowed to use standards which are less stringent than those listed herein. [Added 1-12-1989 by L.L. No. 1-1989] § 152-2. Definitions.   As used in this article, the following terms shall have the meanings indicated: ASTM -- The numbered specifications of the American Society for Testing and Materials, as revised at the time the design is approved. ENGINEER -- The Engineer for the Town of East Fishkill or his authorized deputy, agent or representative. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 152, SEWERS                 ARTICLE I, Standards for Sewer Construction [Adopted 4- 10-1975]                     § 152-2. Definitions.   OWNER -- The legal owner of the real estate to be improved or such person designated as his agent, in writing, to the Engineer. OWNER'S ENGINEER -- The engineer of record with reference to the sanitary sewer system. § 152-3. Permits.   The owner shall obtain such permits as are necessary for the opening of streets, building permits and such others as are required by local law. These shall be obtained prior to the start of construction and at no cost to the Town of East Fishkill. The owner shall be responsible for payment of all fees required by such local laws. § 152-4. Notice of construction.   The Engineer shall be notified at least seven working days in advance of the start of construction. § 152-5. Judge of quality and suitability. [Amended 1-12-1989 by L.L. No. 1-1989] A.All materials to be used for the permanent construction, as shown on the approved drawings and in the specifications, shall be first class in every respect and subject to the approval of the Engineer who shall be the sole judge of their quality and suitability. B.No shipment or order may be made or installation may begin until five copies of each shop drawing and/or literature is submitted to the Engineer for review. C.If any material brought to the site for use in the work is condemned by the Engineer after arrival at the site, as unsuitable or not in conformity with the specifications, the owner shall immediately remove such materials from the construction site. § 152-6. Approved drawings. [Amended 1-12-1989 by L.L. No. 1-1989]   Approved drawings shall consist of a set of plans and profiles prepared by the owner's engineer and submitted to the Engineer for review and approval as to conformity to the basic municipal sewer plan and the specifications. The Engineer's approval shall be affixed to the drawings, and a copy of such approved drawings shall be on the construction site at all times. No deviation shall be made from the line and grade, or by substitutions of materials, from that shown on the approved drawings, except by written authorization of the Engineer. § 152-7. Drawings of record. [Amended 1-12-1989 by L.L. No. 1-1989]   The owner's engineer shall provide the Engineer with a revised set of permanent reproducible drawings showing the as-built location, sizes and elevations of sewers, manholes, building sewers, building sewer terminations and easements, together with such legal descriptions as are required for proper recording of such easements. § 152-8. Excavation and earthwork. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 152, SEWERS                 ARTICLE I, Standards for Sewer Construction [Adopted 4- 10-1975]                     § 152-8. Excavation and earthwork.   A.Clearing and grubbing. Areas to be excavated or filled areas to be used for the storage of excavated material and areas on which pavements or other structures will be constructed shall be cleared of all trees, brush, hedges, shrubs, rubbish and other objectionable matter. Such material shall be disposed of as approved by the Engineer. B.Stripping. After clearing and grubbing, all topsoil and other organic material shall be stripped within the limits to be graded, excavated or filled. A minimum of six inches of material shall be removed from all unpaved areas. All material removed shall be deposited beyond the limits of the work. The material which is of acceptable quality for use in the work as topsoil shall be kept separate from other excavated material and protected and maintained until needed. All other stripped material shall be considered as surplus and shall be disposed of as directed by the Engineer. C.Excavation. Excavation shall mean the removal from a place of all materials, including soil, structures above and below the ground, rock, topsoil, boggy waste, rubbish, ashes, cinders or organic materials such as peat or humus. D.Limit of excavations. Excavations shall be carried to the dimensions and depths indicated or as necessary to provide a firm base. Excavations carried below the depth necessary shall be refilled to the proper grade with thoroughly compacted foundation material. [Amended 1-12-1989 by L.L. No. 1-1989] E.Protection of existing structures. Excavations made adjacent to or in the proximity of existing structures shall be made with special care and in such manner as not to damage the structures or to disturb the supporting backfill and foundation of such structures. F.Sheeting and bracing. (1)Where excavations are made with vertical sides which require supporting, the sheeting and bracing shall be of sufficient strength to sustain the sides of the excavations and to prevent movement which could in any way injure the work or diminish the working space. Timber for sheeting and bracing shall be rough, square-sawed of any grade having the requisite strength for the purpose intended and shall not split in driving or fabrication. Steel sheet piling shall conform to the requirements of ASTM A-328. Piping shall be of an interlocking pattern and shall be of adequate weight and section to withstand the loads imposed. The owner shall furnish drawings showing sheeting and bracing methods. For excavations over 12 feet in depth, the owner shall certify to the Engineer that the sheeting and bracing design has been checked and approved as adequate and in accordance with existing laws and regulations by a licensed professional engineer, and that sheeting and bracing has been constructed in accordance with the design which was checked and approved by the owner's engineer. Upon request by the Engineer, the owner shall furnish computations and substantiating data for review. Certification for design shall be submitted prior to placing any sheeting and bracing, and certification for construction shall be submitted immediately after sheeting and bracing has been constructed. (2)Where the owner does not propose to sheet and brace excavations, he shall submit a drawing indicating the side slopes he proposes to maintain, and have those slopes certified by the owner's engineer as being safe and in accordance with existing laws and regulations. Upon request by the Engineer, the owner shall furnish design computations and substantiating data for review. If the owner elects to construct trenches using soldier beams and horizontal lagging, all such sheeting and soldier beams more than two feet below the finished surface shall be left in place. G.Explosives and blasting. All state, municipal and other regulations regarding the composition, transportation, storage and use of explosives shall be strictly complied with. The quantity of explosives kept on hand shall not exceed the amount that is necessary to avoid delay in the work. The composition of explosives shall be such as to cause the least amount of injurious fumes. Blasting shall be done with light charges sufficient to loosen the rock without damaging the adjoining or nearby property, or cracking or damaging rock upon or against which masonry is to be built. Whenever, in the opinion of the Engineer, blasting is liable to injure the rock upon or against which masonry is to be built, blasting shall be discontinued and the loosening of the rock continued by wedging and barring or other approved methods. Rock near structures liable to be damaged by blasting shall be loosened by approved means. Licensed blasters shall be employed. [Amended 1-12-1989 by L.L. No.1-1989] H.Responsibility of owner in blasting. The owner will be held responsible for all claims for damage caused by blasting. He shall satisfactorily cover all shots and open-cut excavations and shall take extra precautions when required by the Engineer, and shall at all times exercise caution to prevent accidents. I.Dewatering. The owner shall provide, operate and maintain satisfactory facilities and equipment, including well points, if necessary, with which to collect all water entering excavations or other parts of the work to suitable places for disposal. All excavations shall be kept free of water until the work or structure to be built therein is completed. Approved settling basins and sumps shall be provided for catching and temporarily holding water containing mud, clay, sand or other material in suspension, pumped from excavations. Such basins shall be large enough to allow storage time for the settlement of such suspended matter. The settled material shall be cleaned out frequently and disposed of in conformity with all governing agency regulations. Lowering of groundwater to the injury or detriment of other structures shall be part of the owner's risk and responsibility. The owner shall repair or replace to the satisfaction of the owner any structure damaged as a result of lowering of groundwater. [Amended 1-12-1989 by L.L. No. 1-1989] J.Storage disposal. Excavated material which is suitable and approved for backfill and fill shall be placed in storage piles unless/or until it can be placed in the work. It shall not be placed close to the sides of excavations where the weight of the material could create a surcharge on such sides whether sheeted or not. K.Borrow. Where additional material to that available from the work is required for backfill and fill or other purposes, it shall be obtained by the owner from outside sources. Borrow material shall be subject to approval by the Engineer. L.Backfill and fill. All backfill and fill, unless otherwise specified, shall consist of suitable and selected approved earth, generally from storage of approved excavated soil, free from rejected organic matter, boggy, peaty, humus or other unsuitable material such as silt, rubbish, waste, ashes or cinders. If sufficient suitable material for backfill and fill is not available from the excavated material as determined by the Engineer, the owner shall procure elsewhere a sufficient quantity of suitable material and shall furnish and place such material. Frozen earth shall not be used for backfill and fill. All rocks and stones more than six inches in the largest dimension shall be removed from accepted earth for backfill and fill. M.Placing and compacting backfill and fill. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 152, SEWERS                 ARTICLE I, Standards for Sewer Construction [Adopted 4- 10-1975]                     § 152-8. Excavation and earthwork.   (1)Backfill and fill shall be made to the slopes, grades and elevations required. (2)Backfill shall not be placed until the structure has been inspected in place and approved by the Engineer. Backfilling shall be carried out as soon as possible after such approval. The extent of pipe trench kept open shall be kept to a minimum. Backfill and fill shall be placed in layers not more than 12 inches thick, except as specified otherwise by the Engineer. Each layer shall be compacted thoroughly, evenly and in such manner to provide practically unyielding surfaces. The moisture content of the materials shall be such that proper compaction shall be obtained. (3)Trenches shall be backfilled to a depth not less than 12 inches above the top of the pipe or other structure therein for the full width of the trench. Such backfill shall be uniformly placed on each side of the pipe in six-inch layers where it is required and firmly compacted by approved mechanical tamping equipment. Care shall be taken not to damage the pipe or structure. (4)After a compacted coverage of 12 inches has been made, the remainder of the trench shall be compactly filled in an approved manner to a density of at least equal to that of the adjacent undisturbed soil, so as to avoid future unequal settlement. Puddling for compaction will not be permitted except with coarse to medium granular materials. Bulldozing of backfill material into trenches will be prohibited unless it is done in uniformly spread layers not over 12 inches thick or six inches thick under pavements, and each layer immediately machine tamped. Where sheeting is withdrawn, all cavities left thereby shall be filled with suitable granular earth, hosed or tamped in place so as to fill all voids thoroughly. Backfill and fill shall be carried to a subgrade which permits topsoil or paving of the required depth to be placed to bring it to the finished grade. As far as practicable, the underlying backfill and fill shall be given time to settle through several heavy rains or by artificial wetting before the topsoil and paving is placed. (5)All material shall be compacted to 95% standard proctor density (per ASTM: D698 method). If any compaction is questioned by the Engineer, the owner shall supply test results to verify the compaction. [Added 1-12-1989 by L.L. No. 1-1989] N.Foundation material. Foundation material shall consist of hard and clean gravel or crushed stone. It shall be free from any considerable amount of flat, laminated or elongated particles and shall be free from shells, clay, limestone, shale or other deleterious matter. Gravel or crushed stone shall be graded from 1/4 inch to No. 4 sieve size. Foundation material shall be placed and firmly compacted by mechanical compacting equipment. Care shall be taken to place and compact material under pipe haunches. § 152-9. Manholes. A.Materials. (1)Segmental concrete blocks shall conform to the requirements of ASTM: C139. (2)Precast concrete pipe manhole risers shall conform to the requirements of ASTM: C478, except that joints shall conform to the requirements of ASTM: C443 with rubber rings conforming to ASTM: D1869. (3)Mortar shall consist of two parts portland cement and five parts sand thoroughly mixed in the required proportions before adding water. (4)Grout shall consist of Type 1 and Type 2 portland cement and fine sand and shall contain a compound that will eliminate shrinkage of the grout. The nonshrink grout compound shall be equal to Sika Kemox-C and shall be used in strict accordance with the manufacturer's recommendations. B.Construction. Manholes shall be constructed of precast concrete manhole risers in accordance with the details furnished by the Engineer. The waterways of all manholes shall be formed of the same size and shapes as the pipes they connect to. Changes in diameter shall be made gradually and evenly. Special care shall be taken to form channels that will provide the best hydraulic conditions for smooth flow. Steel trowel finish shall be provided. Slopes shall be provided on the benches adjacent to the waterways as shown. Masonry for adjustment of height of manhole chimneys shall be laid in a full bed of mortar with mortar spread on the sides and ends of each unit filled solidly as the work is carried out. The inside of the block and the exterior surface of brick or block shall be rubbed with a burlap sack to clean it of spilled mortar. The exterior surface of brick or block shall be plastered with a one-half-inch layer of mortar. Watertight joints shall be secured between the masonry and the precast concrete on which it rests. [Amended 1-12-1989 by L.L. No. 1-1989] C.Appurtenances. Manholes, frames and covers shall be of the best quality, close-grained, gray iron castings conforming to the requirements of ASTM: A48 Class 30. Standard manhole frames and covers shall be equal to Campbell Foundry Company Pattern No. 1203. Frames and covers for shallow manholes shall be equal to Campbell Foundry Company Pattern No. 4430. Covers shall bear the words "East Fishkill" and "Sewer." Letters shall be two-inch flat Gothic. The castings shall be free from faults, sponginess, cracks, blowholes and other defects affecting their strength, and shall be properly cleaned and coated with a waterproof asphalt applied by immersion while castings are hot. Frames and covers shall be machined to ensure a nonchattering fit. Manhole frames shall be set to grade on a full bed of grout. [Amended 1-12-1989 by L.L. No. 1-1989] § 152-10. Pipe. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 152, SEWERS                 ARTICLE I, Standards for Sewer Construction [Adopted 4- 10-1975]                     § 152-10. Pipe.   A.[Amended 1-12-1989 by L.L. No. 1-1989] Pipe and fitting materials. Materials for pipe and fittings shall be in accordance with the following schedule: Pipe MaterialStandardClassNotes   ConcreteASTM: C-14Extra strength   Reinforced concreteASTM: C-76As specified(1)   SDR 35 PVCASTM: D3034As specified ANSI: A21.51   Ductile ironASA: A21.6 ASA: A21.8As specified(2) ASA: A21.10 _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 152, SEWERS                 ARTICLE I, Standards for Sewer Construction [Adopted 4- 10-1975]                     § 152-10. Pipe.   NOTES: (1)Only circular reinforcement will be permitted. Special designed pipe noted as Class VI shall have the following minimum three-edge-bearing test loads.   (a)D-load to produce a 0.01 inch crack: 3000 lbs./lin. ft.   (b)D-load to produce ultimate failure: 4500 lbs./lin. ft.   (2)All ductile iron fittings and joint types shall be proposed for specific uses and approved by the Engineer. All fittings and joints shall be compatible with the pipe being utilized. B.[Amended 1-12-1989 by L.L. No. 1-1989] Pipe joints. All pipe joints shall be of a flexible type and shall be in accordance with the following schedule: Pipe MaterialStandardNotes   ConcreteASTM: C43(1)   Reinforced concreteASTM: C443(1) _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 152, SEWERS                 ARTICLE I, Standards for Sewer Construction [Adopted 4- 10-1975]                     § 152-10. Pipe.   SDR 35 PVCASTM: D3034 ASTM: F477 ASTM: D3212   Ductile ironANSI: 21.10   NOTES: (1)Pipe joints shall be designed to meet the sheer loading requirements of ASTM: C425.   (2)Rubber rings shall conform to ASTM: D1869 and shall be of the oil-resistant type.   (3)United States Pipe and Foundry Company. Tyton Joint may also be used. (4)Where tied joints are required they shall be designed to resist the tensile loads, including water hammer. Anchorages and pipe shall be proportioned accordingly. C.Choice of pipe. [Amended 1-12-1989 by L.L. No. 1-1989]. (1)The choice of pipe shall be optional with the owner. The pipe type selected shall be suitable for use in particular installations and loadings. All pipe types shall conform to approved Dutchess County Department of Health and New York State Department of Environmental Conservation standards. The Town of East Fishkill, on the advice of the duly appointed Engineer, reserves the right to specify specific pipe types for certain installations. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 152, SEWERS                 ARTICLE I, Standards for Sewer Construction [Adopted 4- 10-1975]                     § 152-10. Pipe.   (2)Unless otherwise noted, no change in the class or material of sewer pipe shall be made between adjacent manholes, and the greatest depth of trench between the two adjacent manholes shall govern the class of pipe used for that particular section of sewer. (3)The drawings submitted to the Engineer by the owner shall contain a detailed list of the type of pipe to be used for the various sections of the work with the limits designated by street and station. D.Shop tests. The owner shall conduct or cause to have conducted tests for strength on selected lengths of pipe prior to and while furnishing the pipe. The owner shall notify the Engineer a minimum of five days prior to the date of testing so that the test may be witnessed. Strength test shall be in accordance with appropriate test measures of ASTM and ANSI standards for the pipe being utilized. [Amended 1-12-1989 by L.L. No. 1-1989] E.Pipe laying. [Amended 1-12-1989 by L.L. No. 1-1989] (1)All pipe and fittings shall be installed to the lines and elevations shown on the drawings approved by the Engineer and in accordance with the manufacturer's requirements. In general, all pipe shall be laid in accordance with the agreed requirements of ASTM: C12, utilizing foundation material as specified under Section S1 and the applicable portions of Ductile Iron Pipe Research Association Handbook or other applicable regulating authority. Pipe and fittings shall be installed to the proper line and grade preferably by utilizing a laser alignment instrument that is accepted by the Engineer. If the preferred installation method employing a laser instrument is not used, then alignment shall be maintained by stretching a guideline parallel to and at a determined distance above the pipe invert. The line shall be tight and shall be supported at the required elevation every 25 feet. The invert of each successive pipe shall be checked for alignment and elevation with the guideline. Suitable tools and equipment shall be used for proper handling, storage and laying pipe and fittings. In order to avoid damage to interior coatings of pipe, lifting hooks or bars shall not be inserted therein. Each pipe and fitting shall be checked for defective injuries as laying proceeds. Imperfect pipe material shall be rejected and removed from the work. Pipe found to be defective after laying shall be removed and replaced by undamaged pipe. Pipe shall be cut as required to meet required structures and/or stations. Where pipe must be cut to fit as closing pieces, such cuts shall be evenly and squarely made in a workmanlike manner with approved equipment. Injury to linings and coatings shall be satisfactorily repaired. (2)All pipe joints shall be made in accordance with the manufacturer's recommendations. Unless otherwise permitted, all finished joints of all kinds of pipe shall be left exposed for inspection and acceptance by the Engineer. F.Pipe flotation. Inasmuch as the submerging of the empty pipeline could cause flotation, the owner's attention is directed to the necessity of conducting his operations in such a manner as to prevent flooding of the trenches until the backfill has been placed. Wherever there is a danger to flooding prior to placing backfill, the pipe shall be filled with water or adequately braced to the sheeting to prevent flotation. The owner shall be responsible for relaying any pipe damaged or moved from proper line and grade. G.Sewer kept clean. The interior of the sewer shall be clean of dirt, cement and superfluous materials of every description and kept clean as the next section of the pipe is laid. During the progress of the work, the exposed ends of the pipe shall be provided with temporary covers fitted to the pipe so as to exclude earth and other materials. On completion of the sewer, the lower end shall be securely closed by an approved bulkhead or plug, which shall be removed only on order of the Engineer. H.Field tests. (1)The owner shall furnish all labor, testing equipment and materials and shall perform the tests described herein under the supervision and to the satisfaction of the Engineer. (2)Alignment and openness of joints shall be checked with reflected sunlight and flashlights and, if necessary, wooden balls and water. The pipe shall be true to both line and grade, shall be free of cracks and protruding joint materials and shall be clean. (3)Exfiltration or infiltration tests shall be conducted on completed sections of the sewers not to exceed 1,000 feet in length, and each test duration shall be not less than eight hours. Shorter test sections may be required for sewers laid on steep grades. All required pumping shall be carried out. (4)Sewer pipes shall be tested for exfiltration if they are located partially or entirely above the groundwater table at the time of testing. Plugs shall be provided in manholes to isolate the test section. The pipe and manholes shall be filled with water to provide, at the high points of the test section, a minimum head of five feet above groundwater or the top of the pipe, whichever is higher. Approved standpipes or test pits shall be provided to check the groundwater levels. This level must be maintained for the duration of the test. Volumetric measurement of the water added shall be made. Exfiltration shall be limited to a maximum of 4.2 gallons per hour per inch of internal diameter per mile of sewer pipe (100 gallons/inch diameter/mile/day). [Amended 1-12-1989 by L.L. No. 1-1989] (5)Sewer pipes located entirely below the groundwater table at the time of testing shall be tested for infiltration. Groundwater levels must be permitted to return to their normal levels prior to the test. Infiltration shall be checked using weirs, gauges and other measuring devices approved by the Engineer. Temporary bulkheads shall be provided to shut off all flow from above the section to be tested, and pumps shall be provided downstream from the weir to keep it continuously drained for the duration of the test. Infiltration shall be limited to a maximum of 4.2 gallons per hour per inch of internal diameter per mile of sewer pipe (100 gallons/inch diameter/mile/day). In addition, the owner and Engineer shall together inspect the interior of all pipe in wet weather, and all obvious leaks shall be repaired even though the total infiltration meets the requirements. [Amended 1-12-1989 by L.L. No. 1-1989] (6)For purpose of determining the maximum permissible infiltration and exfiltration, an allowance of 1/2 gallon per manhole per hour shall be assumed. However, no allowance shall be made for the various lengths of building sewers. If infiltration or exfiltration exceeds the specified amounts, the owner shall do whatever is necessary to reduce the infiltration and exfiltration to within the specified limit, as approved. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 152, SEWERS                 ARTICLE I, Standards for Sewer Construction [Adopted 4- 10-1975]                     § 152-10. Pipe.   (7)Force mains shall be bulkheaded as required and tested for leakage at a constant test pressure 10 pounds per square inch higher than the anticipated working pressure of the pipe under operation. The duration of the test shall not be less than four hours, and leakage shall not exceed 21/2 gallons per hour per inch of internal diameter per mile of pipe (60 gallons/inch diameter/mile/day). [Amended 1-12-1989 by L.L. No. 1-1989] § 152-11. Building sewers. A.Building sewers. (1)A building sewer shall be extended from the public sewer to within five feet of the inside face of the building foundation in a location which permits ready connection to the building drain. The building sewer shall be reviewed by the Engineer as to suitability of location, depth and slope. (2)The actual location of the end of the building sewer shall be indicated on the working drawings filed with the Engineer. Residential building sewers shall be uniformly four inches in diameter from public sewer to building drain and shall be constructed of SDR-35 PVC or Ductile Iron pipe. Adaptors shall be used where required. Larger pipe sizes may be required as determined by the Engineer or Building Inspector. [Amended 1-12-1989 by L.L. No. 1-1989] B.Building sewers for commercial installations. Building sewers for commercial installations shall be not less than six inches in diameter from the public sewer to the building line and shall be constructed of the materials hereinbefore specified. The size of the building sewer for commercial installations is subject to review by the Engineer, depending upon the intended usage and flow requirements. C.Bends. All major bends in building sewers shall be by standard fittings. Minor deflections may be made in building sewers without the use of fittings. Fittings shall demonstrate the same strength characteristics as the building sewer. D.Requirements. Building sewers shall be laid at a uniform grade of not less than 1/8 inch per foot.   Chapter 159, STREETS AND SIDEWALKS [HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.] ARTICLE I, Driveways [Adopted 8-8-1974 as Ch. 37 of the 1974 Code] § 159-1. Permit required before construction.   No driveway which shall enter upon a town highway shall be constructed without first obtaining a permit as hereinafter provided. A.The developer or property owner shall obtain a driveway entrance permit from the Town Superintendent of Highways and shall construct all driveway entrances to the satisfaction of the Town Superintendent of Highways. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 159, STREETS AND SIDEWALKS                 ARTICLE I, Driveways [Adopted 8-8-1974 as Ch.  37 of the 1974 Code]                     § 159-1. Permit required before construction.   B.Driveway entrance, curbing, gutter, drainage ditch and roadway interface shall be constructed so as: (1)Not to channel drainage water from driveway onto or across the roadway. (2)Not to channel drainage water from roadway onto driveway. (3)Not to interfere with drainage flow along curbing, gutter or drainage ditch. § 159-2. Changes to existing driveway entrances.   Any changes or improvements made to driveway entrances existing at the time of adoption of this article shall require a driveway entrance permit and conformance with all provisions of this article. § 159-3. Bond required. [Added 9-8-1977 by L.L. No. 8-1977]   The application for a driveway entrance permit must be accompanied by a bond, in an amount to be fixed from time to time by the Town Board by resolution, guaranteeing that the applicant will complete the construction of the driveway entrance within one year in accordance with the plans and specifications approved by the Superintendent of Highways. § 159-4. Penalties for offenses.   A violation of this article shall constitute an offense punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days. ARTICLE II, Notification of Defects [Adopted 4-14-1977 by L.L. No. 4-1977] § 159-5. Prior notice of conditions on highways, bridges and culverts required.   No civil action shall be maintained against the Town of East Fishkill or the Town Superintendent of Highways of the Town of East Fishkill or against any improvement district in the Town of East Fishkill for damages or injuries to person or property sustained by reason of any highway, bridge, culvert or any other property, either real or personal, of any type or description, owned by the Town of East Fishkill, or any property owned by any improvement district therein, being defective, out of repair, unsafe, dangerous or obstructed, unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge, culvert or any other property owned by the Town of East Fishkill or any property owned by any improvement district was actually given to the Town Clerk of the Town of East Fishkill or the Town Superintendent of Highways of the Town of East Fishkill and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of. No such action shall be maintained for damages or injuries to persons or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge, culvert or any other property owned by any improvement district in the Town of East Fishkill, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of East Fishkill or the Town Superintendent of Highways of the Town of East Fishkill and there was a failure or neglect to cause such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after receipt of such notice. § 159-6. Prior notice of conditions on sidewalks required.   No civil action shall be maintained against the Town of East Fishkill and/or the Town Superintendent of Highways of the Town of East Fishkill for damage or injuries to person or property sustained by reason of any defect in the sidewalks of the Town of East Fishkill or in consequence of the existence of snow or ice upon any of its sidewalks, unless such sidewalks have been constructed or are maintained by the Town of East Fishkill or the Superintendent of Highways of the Town of East Fishkill pursuant to statute; nor shall any action be maintained for damages or injuries to person or property sustained by reason of such defect or in consequence of such existence of snow or ice, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of East Fishkill or to the Superintendent of Highways of the Town of East Fishkill and there was a failure or neglect to cause such defect to be remedied, such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 159, STREETS AND SIDEWALKS                 ARTICLE II, Notification of Defects [Adopted 4-14- 1977 by L.L. No. 4-1977]                     § 159-7. Disposition of notices;  responsibility for corrective action.   § 159-7. Disposition of notices; responsibility for corrective action. EN   The Town Superintendent of Highways of the Town of East Fishkill shall transmit, in writing, to the Town Clerk of the Town of East Fishkill, within 10 days after receipt thereof, all written notices received by him pursuant to this chapter, and he shall take any and all corrective action with respect thereto as soon as possible. § 159-8. Index record of notices to be maintained.   The Town Clerk of the Town of East Fishkill shall keep an index record, in a separate book, of all written notices which shall be received on the existence of a defective, unsafe, dangerous or obstructed condition in or upon, or of an accumulation of ice and snow upon, any town highway, bridge, culvert or sidewalk or any other property described in § 159-5 by the Town of East Fishkill or any improvement district, which record shall state the date of the receipt of the notice, the nature and location of the condition stated to exist and the name and address of the person from whom the notice is received. The record of such notice shall be preserved for a period of five years from the date it is received. The Town Clerk, upon receipt of such written notice, shall immediately and in writing notify the Town Superintendent of Highways of the Town of East Fishkill of the receipt of such notice. § 159-9. Scope.   Nothing contained in this chapter shall be held to repeal, modify or waive any existing requirement or statute of limitations which is applicable to these causes of actions but, on the contrary, this chapter shall be held to be additional requirements to the right to maintain such action; nor shall anything herein contained be held to modify any existing rule of law relative to the question of contributory negligence, nor to impose upon the Town of East Fishkill, its officers and employees and any of its improvement districts any greater duty or obligations than that it shall keep its streets and sidewalks fit for public use and travel.   Chapter 163, SUBDIVISION OF LAND [HISTORY: Adopted by the Town Board of the Town of East Fishkill 8-8-1974 as Ch. A71 of the 1974 Code. Amendments noted where applicable.] GENERAL REFERENCES Planning Board -- See Ch. 33. Zoning -- See Ch. 194. Highway specifications -- See Ch. A197.  ARTICLE I, General Provisions § 163-1.  Authority of Planning Board. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE I, General Provisions                     § 163-1.  Authority of Planning Board.   By authority of the resolution adopted by the Town Board pursuant to the provisions of § 276 of the Town Law, the Planning Board has the power and authority to approve plats for subdivisions within the town. EN In order that land will be subdivided in accordance with the following statements of intent, these regulations are hereby adopted.  § 163-2.  Title. These regulations shall be known as and may be cited by the title "Subdivision Regulations, Town of East Fishkill."  § 163-3.  Policy and objectives. It is declared to be the policy of the Planning Board to consider land subdivisions as a part of the orderly and desirable development of land guided by the following regulations. These regulations provide a procedure and standards. Their intent is to encourage the most appropriate and best development of land in order to protect and promote the general welfare, which is intended to include the following:  A.To assure that land to be subdivided will produce building sites of such character and area that will permit their development for homes or buildings without danger to health or peril from fire, flood or other menace.  B.To facilitate the adequate and efficient provision of community facilities, services and utilities. The most desirable and appropriate systems for drainage, water supply, sewage disposal and other needed improvements, including any appropriate parks and playgrounds, shall be required.  C.To promote the safe and convenient circulation of vehicles and pedestrians. Roads and streets shall be designed, located and constructed so as to accommodate current traffic and future traffic where required.  D.To restrain the destruction of the natural character of the land and promote the conservation of all elements of topography and vegetation which contribute to the natural beauty of the land.  E.To provide, through all subdivision planning and development, for the privacy of family residence while enhancing the general appearance of the community.     ARTICLE II, Definitions § 163-4.  Terms defined. As used in this chapter, the following terms shall have the meanings indicated:  ARTERIAL STREET  -- A street which serves or is designed to be used primarily for fast or heavy traffic.   CLUSTER SUBDIVISION or CLUSTER DEVELOPMENT  -- A subdivision plat or plats, approved pursuant to Town Law § 278 and the provisions of the Town of East Fishkill Code, in which the Zoning Law is modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines, and other infrastructure, parks, and landscaping in order to preserve the natural and scenic qualities of open lands. [Added 11-14-2002 by L.L. No. 7-2002]   _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE II, Definitions                     § 163-4.  Terms defined.   COLLECTOR STREET  -- A street which carries traffic from minor streets to the major system of arterial streets; the principal entrance and circulation streets within a development.   CONDITIONAL APPROVAL OF A FINAL PLAT  -- Approval by a Planning Board of a final plat subject to conditions set forth by the Planning Board in a resolution conditionally approving such plat. Such conditional approval does not qualify a final plat for recording nor authorize issuance of any building permits prior to the signing of the plat by a duly authorized officer of the Planning Board and recording of the plat in the office of the County Clerk or Registrar as herein provided. [Added 6-14-2001 by L.L. No. 3-2001]   CUL-DE-SAC  -- A dead-end street or a portion of a street having only one vehicular outlet.   DWELLING UNIT, ATTACHED  -- A dwelling unit having common walls with two or more other dwelling units. In cluster subdivisions, attached unit structures shall not exceed four units. [Added 3-28-1985 by L.L. No. 6-1985]   DWELLING UNIT, SEMIDETACHED  -- A dwelling unit which has a common wall, floor or ceiling with only one other dwelling unit. [Added 3-28-1985 by L.L. No. 6-1985]   EASEMENT  -- Authorization by a property owner for the use by another, for a specified purpose, of any designated part of his property.   FINAL PLAT (formerly known as "subdivision plat")  -- A drawing, prepared in the manner prescribed by this code, that shows a proposed subdivision, containing in such additional detail as required in this code all information required to be shown on a preliminary plat and the modifications, if any, required by the Planning Board at the time of approval of the preliminary plat, if such preliminary plat has been so approved. [Added 6-14-2001 by L.L. No. 3-2001]   FINAL SUBDIVISION PLAT APPROVAL  -- The signing of a plat in final form by a duly authorized officer of a Planning Board pursuant to a Planning Board resolution granting final approval to the plat or after conditions specified in a resolution granting conditional approval of the plat are completed. Such final approval qualifies the plat for recording in the office of the County Clerk or Registrar in the county in which such plat is located. [Added 6-14-2001 by L.L. No. 3-2001]   FLAG LOT  -- A lot which has its buildable area (the so-called "flag") located behind another lot, either existing or proposed, and which derives access by means of a narrow strip of land (sometimes referred to as "the flagpole") which has frontage on a street. A flag lot allows the potential for the creation of two lots, one generally behind the other, which derive access from the same street. [Added 11-14-2002 by L.L. No. 9-2002]   LOT, FLAG  -- See "flag lot." [Added 11-14-2002 by L.L. No. 9-2002]   MINOR STREET  -- A street intended to serve primarily as an access to abutting residential properties.   OFFICIAL MAP  -- The map and any amendments thereto adopted by the Town Board under § 270 of the Town Law or by the county under § 239-h of the General Municipal Law.   OFFICIAL SUBMITTAL DATE  -- The date when a sketch plan, a preliminary plat or a subdivision plat shall be considered submitted to the Planning Board, hereby defined to be the date of the meeting of the Planning Board at least 10 days after all required surveys, plans and data have been submitted.   PLANNING BOARD, BOARD  -- The Town of East Fishkill Planning Board.   PRELIMINARY PLAT  -- A drawing prepared in the manner prescribed in this code showing the layout of a proposed subdivision including, but not restricted to, road and lot layout and approximate dimensions, key plan, topography and drainage, all proposed facilities unsized, including preliminary plans and profiles, at suitable scale and in such detail as this code requires. [Amended 6-14-2001 by L.L. No. 3-2001]   _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE II, Definitions                     § 163-4.  Terms defined.   PRELIMINARY PLAT APPROVAL  -- The approval of the layout of a proposed subdivision as set forth in a preliminary plat, but subject to the approval of the plat in final form in accordance with the provisions of this code. [Added 6-14-2001 by L.L. No. 3-2001]   RESUBDIVISION  -- A change in a subdivision plat previously approved and filed in the County Clerk's office, which change [Amended 6-14-2001 by L.L. No. 3-2001]   A.Affects any street layout shown on such plat;   B.Affects any area reserved thereon for public use; or   C.Diminishes the size of any lot, or changes or alters the boundaries, lot lines or dimensions of any lot, plot or site, including so-called "lot-line realignments."     SKETCH PLAN  -- A freehand sketch made on a topographic survey map, showing the proposed subdivision in relation to existing conditions.   STREET PAVEMENT  -- The wearing or exposed surface of the roadway used by vehicular traffic.   STREETS  -- A right-of-way for vehicular traffic, including road, avenue, lane, highway or other way.   STREET WIDTH  -- The distance between property lines.   SUBDIVIDER  -- Any person, firm, corporation, partnership, association or other entity who shall lay out any subdivision, or resubdivision, or part thereof, either on behalf of himself or for another or others. [Amended 6-14-2001 by L.L. No. 3-2001]   SUBDIVISION  -- The division of any parcel of land into two or more lots, plots, or sites, with or without streets or highways, for the purpose, with respect to any portion of the original parcel, of immediate or future development, or for the immediate or future sale, lease or any other transfer of any interest in any portion of such original parcel. The term "subdivision" shall include a resubdivision. EN [Amended 6-14-2001 by L.L. No. 3-2001]   SUPERINTENDENT  -- The duly elected Town Superintendent of Highways or other such authorized official.   TOWN PLAN  -- A comprehensive plan for the development of the town as prepared by the Planning Board pursuant to § 272-a of the Town Law, which includes the general locations recommended for various public works and reservations and for the general physical development of the town, and includes any part of such plan separately adopted and any amendment to such plan or parts thereof.    ARTICLE III, Procedure § 163-5.  Approval required. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE III, Procedure                     § 163-5.  Approval required.   Whenever any subdivision of land is proposed, before any offer or contract is made to sell any part or the entire subdivision, the subdivider shall apply in writing for approval of the proposed subdivision in accordance with the following procedure.  § 163-6.  Preliminary consideration. Before the subdivision of land, the owner or his representative shall meet with the Planning Board or its representative to express general intent to subdivide and determine sketch plan requirements.  § 163-7.  Sketch plan.  A.Submission of sketch plan. The subdivider shall submit three copies of sketch plan map and data for the proposed subdivision to the Planning Board at least 10 days before a regular meeting of the Board.  B.Required information for sketch plan. The plan should show at least the following information:  (1)A location map at a scale of 2,000 feet to the inch, indicating the relationship of the proposed subdivision to existing community facilities which serve it, such as roads, shopping areas and schools.  (2)A topographic map of the area to be subdivided, showing in simple sketch form the proposed layout of streets, lots and other features.  (3)General information necessary to explain and/or supplement the location map and sketch plan.  (4)Map of environmentally sensitive lands. [Added 11-14-2002 by L.L. No,. 2-2002]    C.Sketch plan study, modification and approval. The Planning Board shall review the sketch plan and within 30 days of the official submission date shall inform the applicant that the proposed subdivision as submitted or as modified will meet the objectives of these regulations. In the event the sketch plan is found unacceptable, the applicant will be asked to submit a new plan before proceeding with a preliminary plat submission.  D.Intent of sketch plan phase. The sketch plan phase in the procedure is for the convenience of the applicant and therefore is an optional step on behalf on the applicant. It is the intention of the Board to afford an opportunity to meet with the applicant and review the various requirements of this regulation prior to his presenting a formal preliminary plat for review and approval.    § 163-8.  Preliminary plat.  A.Application and fee. Prior to filing an application for the approval of a subdivision plat, the applicant shall file an application for the approval of a preliminary plat. The application shall:  (1)Be made in triplicate on forms available at the Town Clerk's office.  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE III, Procedure                     § 163-8.  Preliminary plat.   (2)Include the total holdings of the applicant and indicate the portion thereof that is proposed for subdivision.  (3)Be accompanied by three copies of the preliminary plat and other supplementary material required by these regulations.  (4)Comply in all respects with the requirements and design standards of these regulations and with the provisions of §§ 276 and 277 of the Town Law.  (5)Comply in all respects with the requirements of other governmental agencies having jurisdiction in the review procedure of subdivisions.  (6)Be accompanied by a fee as set from time to time by the Town Board. [Amended 12-11-1986 by L.L. No. 5-1986; 6-28-1994 by L.L. No. 4-1994; 6-14-2001 by L.L. No. 3-2001]  (7)Comply with the State Environmental Quality Review Act. A preliminary plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion. [Added 6-14-2001 by L.L. No. 3-2001]  (8)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. [Added 6-14-2001 by L.L. No. 3-2001]    B.Study of preliminary plat. The Planning Board will carefully study the preliminary plat, taking into consideration the requirements of the community, the use of the land being subdivided and the policy set forth in these regulations. Particular attention will be given to:  (1)The proposed arrangement, location and width of streets.  (2)The relation of proposed streets to the topography of the land.  (3)Sewage disposal.  (4)Drainage.  (5)Proposed lot sizes, shape and layout, including the appropriate number of lots in compliance with the Zoning Law provisions and compliance with the minimum buildable area provisions of the Zoning Law. EN [Amended 11-14-2002 by L.L. No. 2-2002]  (6)Future development of adjoining land.  (7)The requirements of the Town Plan and the Official Map.  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE III, Procedure                     § 163-8.  Preliminary plat.   (8)Matters enumerated in § 277 of the Town Law.  (9)The potential environmental impact of the proposed action. The agricultural data statement, if any, shall be considered regarding the possible impacts of the proposed project upon the functioning of farm operations within the relevant agricultural district. The Clerk of the Planning Board shall mail written notice of any application requiring an agricultural data statement to the owners of land as identified in such statement. Such notice shall include a description of the proposed project and its location, and may be sent with any other notice required by law. [Added 6-14-2001 by L.L. No. 3-2001]    C.Applicant to attend meeting. The applicant shall be prepared to attend a regular meeting of the Planning Board to discuss the preliminary plat and the Planning Board's tentative conclusions.  D.Public hearing. [Amended 6-14-2001 by L.L. No. 3-2001]  (1)The Planning Board shall hold a public hearing on the preliminary plat within the applicable time period provided in Town Law § 276, and advertise such hearing according to the provisions of that section. The Planning Board may open the public hearing prior to the adoption of a finding of significance in order to obtain public comment on the issues of environmental concern. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened, unless the applicant has consented to a further continuation.  (2)Approval only constitutes an affirmative expression to the proposed development submitted in the preliminary plat, which is to guide the formulation of the final subdivision plat. Prior to final approval of the subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in its final form.    E.Decision. [Amended 6-14-2001 by L.L. No. 3-2001]  (1)Prior to making a decision on the preliminary plat, the Planning Board shall make a determination of significance under the State Environmental Quality Review Act.  (2)The Planning Board shall render a decision to approve, with or without modification, or disapprove the preliminary plat within the applicable time period provided in Town Law § 276. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. In approving a preliminary plat, the Planning Board shall state in writing any modifications it deems necessary for submission of the plat in final form.  (3)Approval only constitutes an affirmative expression to the proposed development submitted in the preliminary plat, which is to guide the formulation of the final subdivision plat. Prior to final approval of the subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in its final form.    F.Certification and filing of preliminary plat. Within five business days of the adoption of the resolution granting approval of such preliminary plat, such plat shall be certified by the Clerk of the Planning Board as having been granted preliminary approval, and a copy of the plat and resolution shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner. EN  G.Filing of decision. Within five business days from the date of adoption of the resolution stating the decision of the Board on the preliminary plat, the Chairman or other duly authorized member of the Planning Board shall cause a copy of such resolution to be filed in the office of the Town Clerk.EN  H.Revocation of approval of preliminary plat. Within six months of the approval of the preliminary plat the owner must submit the plat in final form. If the final plat is not submitted within six months, approval of the preliminary plat may be revoked by the Planning Board.EN    § 163-9.  Subdivision plat.  A.Application procedure. Within six months after the date approval of the preliminary plat was granted, the applicant shall file with the Planning Board an application for approval of a subdivision plat. The application shall:  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE III, Procedure                     § 163-9.  Subdivision plat.   (1)Be made on forms provided by the Planning Board.  (2)Include the entire subdivision or a section thereof which derives access from a street improved to town standards and accepted by the town or a street for which a bond covering such improvement is held by the town.  (3)Be accompanied by six copies of the subdivision plat and other supplementary material required by these regulations.  (4)Comply in all respects with the preliminary plat as approved.  (5)Comply in all respects with the state and local laws and with the ordinances, rules, regulations or resolutions and requirements of county and state agencies having jurisdiction in the subdivision review process.  (6)Comply with the improvement requirements of these regulations.  (7)Be presented to the Planning Board at least 15 days prior to a regular meeting of the Board.    B.Study of final plat; public hearing; decision. EN  (1)Upon receipt of a final plat, the Board shall examine it to determine if it is in substantial agreement with the approved preliminary plat. If the final plat is in substantial agreement with a preliminary plat, approved pursuant to this section, the Planning Board shall by resolution conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days of its receipt by the Clerk of the Planning Board.  (2)If the final plat is not in substantial agreement with the approved preliminary plat, the Planning Board shall hold a public hearing on the final plat within the applicable time period provided in Town Law § 276, and advertise such hearing according to the provisions of that section. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened, unless the applicant has consented to a further continuation.  (3)The Planning Board shall by resolution conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat within the applicable time period provided in Town Law § 276. The conditions imposed, if any, and the grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.    C.Certification and signature of final plats.EN  (1)Within five business days of the adoption of the resolution granting conditional or final approval of the final plat, the Clerk of the Planning Board shall certify such plat as having been granted conditional or final approval, and shall file a copy of such approval resolution, including a list of the conditions and requirements which must be completed prior to the signing of the plat, in his/her office. The Planning Board Clerk shall also mail a copy of the resolution, and any list of conditions, to the owner.  (2)Conditional approval of the final plat shall expire within 180 days after the resolution granting such approval unless all requirements stated in such resolution have been certified as completed. The Planning Board may extend by not more than two additional periods of 90 days each, the time in which a conditionally approved plat must be submitted for signature if, in the Planning Board's opinion, such extension is warranted by the particular circumstances.    D.Approval of plat in sections. In granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided and developed in two or more sections and may in its resolution granting conditional or final approval state that such requirements as it deems necessary to ensure the orderly development of the plat be completed before said sections may be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the sections of a final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the Planning Board.EN  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE III, Procedure                     § 163-9.  Subdivision plat.   E.Signing of plat. Upon proof of timely completion of all conditions and requirements imposed at the time of conditional approval, the plat shall be signed by the Chair of the Planning Board, or, in his absence, by the Vice Chair. The plat shall also carry the following note:         NOTE: The roadway and storm drainage system construction will be jointly inspected by the Town Engineer and the developer's engineer. The developer's engineer must certify to construction compliance upon completion of the project.        A copy of such signed plat shall be filed in the office of the Planning Board Clerk. [Amended 2-15-1979 EN]      F.Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made on any plat after approval has been given by the Board. In the event that any plat, when recorded, contains any such changes, the plat shall be considered null and void, and the Board shall institute proceedings to have said plat stricken from the records of the County Clerk.  G.Filing of approved plat.EN  (1)Within five business days from the date of the adoption of the resolution stating the decision of the Board on the final plat, the Planning Board Clerk shall file a copy of the resolution in the office of the Town Clerk.  (2)The owner shall file such approved plat, or a section of such plat, within 62 days of the date of final approval, or such approval shall expire. The following shall constitute final approval: the signature of the Chair or acting Chair of the Planning Board constituting final approval by the Planning Board of a plat as herein provided; or the approval by such Board of the development of a plat or plats already filed in the office of the County Clerk, if such plats are entirely or partially undeveloped; or the certificate of the Town Clerk as to the date of the submission of the final plat and the failure of the Planning Board to take action within the time herein provided.  (3)In the event the owner shall file only a section of such approved plat in the office of the County Clerk or Registrar, the entire approved plat shall be filed within 30 days of the filing of such section with the Town Clerk of each town in which any portion of the land described in the plat is situated. Such section shall encompass at least 10% of the total number of lots contained in the approved plat, and the approval of the remaining sections of the approved plat shall expire unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of § 265-a of the Town Law.    H.Drawings showing the location of all required improvements as built shall be certified by a licensed professional engineer or a licensed land surveyor and filed with the Planning Board at least 30 days prior to the acceptance of the improvements by the town. [Amended 10-12-1978]  I.Abandonment. The owner of an approved subdivision may abandon such subdivision pursuant to the provisions of § 560 of the Real Property Tax Law.EN    § 163-10.  Resubdivision. For a resubdivision, the same procedure, rules and regulations apply as for a subdivision.   ARTICLE IV, Improvements, Bonds and Agreements § 163-11.  Completion of improvements required. Prior to an action by the Planning Board approving a subdivision plat, the applicant shall complete, in accordance with the Planning Board's decision and to the satisfaction of appropriate town departments, all the street, sanitary and other improvements specified in the resolution approving the plat, or, as an alternative, file with the Town Board a bond in an amount set by the Planning Board to secure to the town the satisfactory construction and installation of the uncompleted portion of the required improvements.  § 163-12.  Performance bonds. EN _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE IV, Improvements, Bonds and Agreements                     § 163-12.  Performance bonds.   Performance bonds shall comply with the provisions of Town Law § 277 as to form, type and term. The Planning Board shall fix the term of the performance bond or security agreement, which shall in no case be longer than three years; provided, however, that the Planning Board may extend the term of the bond with consent of the parties thereto. The Planning Board shall also have authority to reduce the amount of improvements required, with the consent of the Town Board, and shall have the authority to reduce the amount of the security in accordance with Town Law § 277. In the event of a default, the town shall have the authority to proceed in accordance with Town Law § 277.  § 163-13.  Required improvements.  A.Inspections. The town may employ an inspector to act as agent of the Planning Board for the purpose of assuring the satisfactory completion of improvements required by the Planning Board and shall determine an amount sufficient to defray costs of inspection. The applicant shall pay this amount to the town prior to the signing of the subdivision plat for filing. If the Planning Board or its agent finds, upon inspection, that any of the required improvements have not been constructed in accordance with the approved drawings, the applicant and the bonding company will be severally and jointly liable for the costs of completing said improvements according to specifications.  B.Utilities. The Board may accept assurance from each public utility company whose facilities are proposed to be installed. Such assurance shall be in writing, addressed to the Board, stating that such public utility company will make the installations necessary for the furnishing of its services within a specified time, in accordance with the approved plat.  C.Monuments. Permanent monuments shall be set at block corners and at intervals of 500 feet, or such other distance or location as the Planning Board may designate. Each location must be indicated by a suitable symbol on the subdivision plat. The type of monument must be approved by the Town Engineer.  D.Waiver of required improvements. The Planning Board may waive, for such period as it may determine, the provisions of any such improvements as in its judgment are not necessary to fulfill the express purposes of these regulations. In the case of each waiver granted, the Planning Board shall enter on its records the reason why the particular improvement is not necessary and it shall attach appropriate conditions or require such guaranties as may be necessary to protect the public interest.  E.Time for completion of improvements. All required improvements shall be completed to the satisfaction of the Planning Board or its representative within one year after the date of initial title transfer with respect to any lot or dwelling fronting on a street shown on the subdivision plat, failing which the town may order such improvements to be installed and charge the expense to the subdivider. In a case where circumstances require, the Planning Board may grant a reasonable extension of time beyond the one year.  F.Acceptance of improvements. The acceptance of improvements will not be considered or processed until three sets of as-built plans are presented showing the improvements and, in addition, the submission of legal documents necessary for the dedication to the public of these improvements.    § 163-14.  Agreements.  A.Public acceptance of streets and reservations. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the town of any street, park, playground or other open space shown on said plat. The Planning Board may require said plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the town covering future title, dedication and provision for the cost of grading, development, equipment and maintenance of any park or playground area.  B.Responsibility for ownership of reservations. Ownership shall be clearly indicated on all reservations for park and playground purposes.  C.Offers of cession and releases.  (1)The plat shall be endorsed with the necessary agreements in connection with required easements or releases. Offers of easement or release shall be presented prior to plat approval.  (2)Formal offer of cession to the public of all streets and parks which are not marked on the plat with notation to the effect that such cession will not be offered shall be filed with the Planning Board prior to plat approval.  (3)The subdivider shall include with his offer of cession the necessary deeds and other documents in recordable form so as to show marketable title in the subdivider at the time of such offer of cession.       _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE V, Planning and Design Criteria   ARTICLE V, Planning and Design Criteria § 163-15.  Standards a guide.  [Amended 11-14-2002 by L.L. No. 1-2002] The Planning Board, in considering an application for the subdivision of land, shall be guided by the policy considerations specified in Article I, § 163-3, of these regulations and the following standards. The standards set forth herein have been found to be consistent with the guidelines set forth in Greenway Connections. The Planning Board, in its deliberations on any discretionary actions under this chapter, shall consider the statement of policies, principles and guidelines in Greenway Connections as the Planning Board deems appropriate and relevant in its deliberations on such discretionary actions.  § 163-16.  Preservation of existing features. Existing features which would add value to the development, such as large trees, watercourses, historic sites and similar irreplaceable assets, should be preserved, insofar as possible, through harmonious design of the subdivision.  § 163-17.  Streets.  A.Relation to topography. Streets shall be logically related and conform, insofar as possible, to the original topography. They shall be arranged so as to obtain as many as possible of the building sites at or above the grades of the streets. A combination of steep grades and sharp curves shall be avoided.  B.Block size. Block dimensions shall be at least twice the minimum lot depth and generally not more than 12 times the minimum lot width required by these regulations. In long blocks, the Planning Board may require a reservation through the block of a twenty-foot-wide easement to accommodate utilities or pedestrian traffic.  C.Intersections. Intersections of major streets by other streets shall be at least 800 feet apart, if possible. Cross (four-cornered) street intersections shall be avoided, except at important intersections. A distance of at least 150 feet shall be maintained between offset intersections. Within 40 feet of an intersection, streets shall be approximately at right angles and grades shall be limited to 11/2%. All street intersection corners shall be rounded by curves of at least 25 feet in radius at the property line.  D.Visibility at intersections. Within the triangular area formed at corners by the intersection of street center lines, for a distance of 75 feet from their intersection and the diagonal connecting the end points of these lines, visibility for traffic safety shall be provided by excavating, if necessary. Nothing in the way of fences, walls, hedges or other landscaping shall be permitted to obstruct such visibility.  E.Street design. Streets shall meet the standards set forth in Chapter A197 of the Code of the Town of East Fishkill entitled "Highway Specifications." [Amended 11-14-2002 by L.L. No. 5-2002]  F.Continuation of streets into adjacent property. Streets shall be arranged to provide for the continuation of principal streets between adjacent properties where such continuation is necessary for convenient movement of traffic, effective fire protection, efficient provision for utilities and particularly where such continuation is in accordance with the Town Plan. If the adjacent property is undeveloped and the streets must dead-end temporarily, the right-of-way and the improvements must run to the property line. A temporary circular turnaround having a minimum radius of 50 feet shall be provided on all temporary dead-end streets, with the notation on the plat that the land outside the street right-of-way shall revert to abutters whenever the street is continued.  G.Permanent dead-end streets (culs-de-sac). Where a street does not extend to the boundary of the subdivision and its continuation is not needed for access to adjoining property, it shall be separated from such boundary by a distance of not less than 100 feet. Reserve strips of land shall not be left between the end of the proposed street and an adjacent piece of property; however, the Planning Board may require a twenty-foot-wide easement to accommodate pedestrian traffic or utilities. A circular turnaround in accordance with the standards set forth in § A197-26 shall be provided at the end of the dead-end street for greater convenience to traffic and effective police and fire protection. Permanent dead-end streets shall, in general, be limited in length to six times the minimum lot width allowed in the district. [Amended 11-14-2002 by L.L. No. 5-2002]  H.Street names. All streets shall be named, and such names shall be subject to the approval of the Planning Board. Names shall be sufficiently different in sound and spelling from other street names in the town so as not to cause confusion. A street which is a continuation of an existing street shall bear the same name.  I.Future street system. Where the plat submitted covers only a part of the subdivider's tract, a sketch of the prospective future street system of the unsubmitted part shall be furnished and the street system of the part submitted shall be considered in the light of adjustments and connections with the future street system.    _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE V, Planning and Design Criteria                     § 163-18.  Street improvements.   § 163-18.  Street improvements.  A.Streets shall be graded and improved with pavement, street signs, sidewalks, streetlighting, curbs, gutters, trees, water mains, sanitary sewers, storm drains and fire hydrants, except where the Planning Board may waive, subject to appropriate conditions, such improvements as it considers are not requisite in the interest of public health, safety and general welfare.  B.Underground utilities required by the Planning Board shall be placed between the paved roadway and street line to facilitate location and repair of the lines. The subdivider shall install underground connections where required, to the property line of each lot before the street is paved.  C.Grading and improvements shall conform to town specifications and shall be approved as to design and specifications by the Town Engineer or duly authorized representative.    § 163-19.  Lots.  A.Arrangement. The arrangement of lots shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in locating a building on each lot and in providing access to buildings on such lots from an approved street.  B.Access across a watercourse. Where a watercourse separates the buildable area of a lot from the access street, provision shall be made for the installation of a culvert or other structure of a design approved by the Town Engineer.  C.Zoning requirements. Proposed lots shall meet all applicable requirements of the Zoning Law. EN The number of lots in a proposed subdivision shall not exceed the number of lots permitted under the provisions of § 194-14.1 of the Zoning Law. All lots must comply with the following two standards: [Amended 11-14-2002 by L.L. No. 2-2002]  (1)When a subdivision of land is proposed, the developer shall, at the sketch plan phase, or, if no sketch plan is submitted, at the preliminary stage, submit a map to the Planning Board delimiting the boundaries of all environmentally sensitive lands, as defined in the Zoning Law. The areas of the environmentally sensitive lands shall be deducted from the total site acreage according to the following percentages:         Type of Land   Percentage to be Discounted          Floodway   100%        Floodplain   50%        Steep slopes (greater than 20%)   50%        Water bodies   100%        Wetlands   50%       (a)Where any area of land is considered environmentally sensitive for more than one reason, no additional discount from area calculation shall be taken on such basis, although the more restrictive percentage would apply where there is a difference.  (b)From the acreage remaining after the deduction, the applicant shall further deduct the area of land necessary to provide roads, drainage facilities, and other infrastructure to serve the subdivision. The acreage remaining shall then be divided by the minimum lot size shown in the bulk schedule for conventional lots in the district in question. The number of lots to be created in the subdivision shall in no case be higher than the number derived in this calculation, subject to the incentive provisions of the Affordable Housing Law.EN    (2)Minimum buildable area:  (a)Each detached single-family lot shall provide a minimum buildable area as follows. The minimums provided herein are not subject to decrease under the Affordable Housing Law provisions.         Type of Subdivision   Minimum Buildable Area          With individual wells and individual sewage disposal systems   3/4 acre        With central water and individual sewage disposal systems, or vice versa   1/2 acre        With central water and central sewers   10,000 square feet average, with no lot smaller than 7,500 square feet       _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE V, Planning and Design Criteria                     § 163-19.  Lots.   (b)Where lots are more than double the minimum required area for the district, such lots shall be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve such potential lots.    (3)Lots in the CRD Zoning District are subject to exclusions of environmentally sensitive lands in that chapter. Accordingly, the requirements of Subsection C(1) and (2) above shall not apply to lots in CRD Zoning Districts.    D.Side lot lines. Side lot lines shall be at right angles to street lines unless variation from this rule will give a better street or lot plan.  E.Access from arterial or collector streets. Lots shall not, in general, derive access exclusively from an arterial or collector street. Where driveway access from an arterial or collector street may be necessary for several adjoining lots, the Planning Board may require that such lots be served by a combined access drive in order to limit possible traffic hazards on such street.  F.Lands subject to flooding. Land subject to flooding or periodic inundation as delineated by the United States Department of Housing and Urban Development Flood Hazard Maps and land deemed by the Board to be uninhabitable shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate the flood hazard. Such uses as shall not be endangered by periodic or occasional inundation or as shall not procure unsatisfactory living conditions may, at the discretion of the Planning Board, be permitted. [Amended 6-10-1976]  G.(Reserved)  H.Requirements for approval of flag lots. [Added 11-14-2002 by L.L. No. 9-2002]  (1)Each proposed flag lot shall meet the applicable standards of § 194-92.1 of the Zoning Law, and the buildable portion shall in no event be no smaller than one acre in size.  (2)In addition to the foregoing requirements, the subdivider shall demonstrate to the satisfaction of the Planning Board that:  (a)There are no visual obstructions at the intersection of the access point and the street.  (b)The relative locations of the flag lot driveway and adjoining driveways are appropriate.  (c)Adequate access for emergency vehicles to the house is provided.  (d)Appropriate privacy is provided to both the flag lot and surrounding lots. Landscaping is particularly important to visually separate the shared lot line where the front line of the flag lot adjoins the rear line of the lot in front of it. Where existing landscaping is insufficient, the Planning Board may require the placement of additional landscape screening to provide a ten-foot-deep buffer along shared property lines. In appropriate cases, the Planning Board may also require buffering along the access strip to provide appropriate privacy between adjoining lots.        § 163-20.  Reservations and easements.  A.Realignment or widening of existing streets. Where the subdivision borders an existing street and the Official Map or Town Plan indicates plans for realignment or widening of the street that would require reservation of some land of the subdivision, the Planning Board may require that such areas be shown and marked in the plat "Reserved for Street Purposes."  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE V, Planning and Design Criteria                     § 163-20.  Reservations and easements.   B.Utility and drainage easements. Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities within a street right-of-way, perpetual unobstructed easements at least 20 feet in width for such utilities or drainage facilities shall be provided across property outside the facilities' street lines and with satisfactory access to the street.  C.Easements for pedestrian access. The Planning Board may require, in order to facilitate pedestrian access from streets to schools, parks, playgrounds or other nearby streets, perpetual unobstructed easements at least 20 feet in width.  D.Ownership of reservations. Ownership shall be clearly indicated on all reservations and easements.  E.Land for park, playground or other recreational purposes. [Amended 5-13-1982 by L.L. No. 4-1982; 12-11-1986 by L.L. No. 5-1986; 9-13-1990 by L.L. No. 5-1990; 3-25-1999 by L.L. No. 3-1999]  (1)Before the Planning Board may approve a subdivision plat containing residential units, such subdivision plat shall also show, when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes.  (2)Land for park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the town based on projected population growth to which the particular subdivision plat will contribute.  (3)In the event the Planning Board makes a finding pursuant to Subsection E(2) that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat, the Planning Board shall require a sum of money in lieu thereof, payable at the time of final plat approval, in the amount of $2,000 per lot in the subdivision or section thereof, being considered for approval at the time. All moneys paid under this section shall be deposited into the East Fishkill Recreation Trust Fund, to be used by the town exclusively for park, playground or other recreational purposes, including the acquisition of property. In making its determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the subdivision plat 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. [Amended 6-22-2000 by L.L. No. 3-2000]  (4)Such amount shall be paid to the town at the time of final plat approval. No plat shall be signed until such payment is made.  (5)The lot encompassing the residence of the subdivider shall be exempt from this fee.       ARTICLE VI, Requirements for Plans and Plats § 163-21.  General requirements. The following general requirements are applicable to both the preliminary plat and subdivision plat submittal:  A.Layouts and plats shall be clearly and legibly drawn on Mylar or its equivalent with black waterproof ink, at a convenient scale of not more than 100 feet to the inch. EN  B.Drawings shall be submitted on uniform size sheets not larger than 36 inches by 48 inches. When more than one sheet is required to show the plat, an index map on a sheet of the same size shall be submitted.  C.All submissions shall indicate:  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE VI, Requirements for Plans and Plats                     § 163-21.  General requirements.   (1)Type of submission.  (2)The proposed subdivision name (which shall not duplicate or too closely approximate that of any other development in the town).  (3)The words "Town of East Fishkill, Dutchess County, New York."  (4)The name and address of the record owner and/or subdivider.  (5)The name, address and seal of the professional engineer or land surveyor responsible for the plat.  (6)The date, North point and the graphic scale.      § 163-22.  Preliminary plat details. The preliminary plat submitted to the Planning Board shall show or be accompanied by the following information:  A.Location, bearings and distances of tract boundary.  B.Names of all adjoining property owners of record, the names of adjacent subdivisions and zoning districts.  C.Topography at a contour interval of not more than five feet, unless waived by the Planning Board, and referenced to a datum satisfactory to the Board.  D.Location, name and dimensions of existing streets, easements, property lines, buildings, parks and public property.  E.Location and owner of existing sewers, water mains, culverts and storm drains, if any, including pipe size, type of pipe, grades and direction of flow.  F.Location of pertinent natural features that may influence the design of the subdivision, such as watercourses, swamps, rock outcrops and large trees.  G.A vicinity map at a scale of 2,000 feet to the inch, indicating the relationship of the proposed subdivision to existing community facilities which serve it, such as roads, shopping areas and schools.  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE VI, Requirements for Plans and Plats                     § 163-22.  Preliminary plat details.   H.An area map, using the Town of East Fishkill Tax Map as a base, showing the proposed subdivision plat with respect to all streets and property within 1,000 feet of the applicant's tract and identifying all property in the area held by the applicant.  I.Location, width and approximate grade of all proposed streets, with elevations shown at the beginning and end of each street, at street intersections and all points where there is a change in the grade.  J.Proposed provisions for water supply, fire protection, sanitary waste disposal, stormwater drainage, street trees, streetlight fixtures, street signs and sidewalks.  K.Approximate shape, dimensions and area of all proposed or existing lots and suggested location of buildings.  L.Approximate location and dimensions of all property proposed to be reserved for park and public use, including a site plan indicating how it can be used for that proposed purpose.  M.Where required, typical cross sections of the proposed grading, roadway and sidewalk, type and depth of surfacing and subbase.  N.Where any part of the property is regraded and requires a cut or fill of greater than two feet, a contour map must be prepared indicating existing and proposed contours.    § 163-23.  Subdivision plat details. The subdivision plat submitted to the Planning Board shall show or be accompanied by the following information:  A.Data required in §§ 163-21 and 163-22B through H.  B.Location, width and name of each proposed street and typical cross sections showing street pavement and, where required, curbs, gutters and sidewalks.  C.Lengths and bearings of all straight lines and the radius, length, central angle, chord and tangent distance of all curves for each proposed street.  D.Profiles showing existing and proposed elevations along the center line of all proposed streets and the elevations of existing streets for a distance of 100 feet either side of their intersection with a proposed street.  E.Present elevations of all proposed streets shown every 100 feet at five points on a line at right angles to the center line of the street, said elevation points being indicated at the center line of the street, each property line and points 30 feet inside each property line (only when required by the Board because of the existence of steep side slopes).  F.Location, size and invert elevations of existing and proposed storm drains and sanitary sewers; the exact location of utilities and fire hydrants.  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE VI, Requirements for Plans and Plats                     § 163-23.  Subdivision plat details.   G.Location of street trees, streetlighting standards and street signs.  H.Area of all lots in hundredths of an acre; lot numbers in sequence; location, material and size of all permanent monuments.  I.Accurate location of all property to be offered for dedication for public use, with the purpose indicated thereon, and of all property to be reserved by deed covenant for the common use of the property owners.  J.Sufficient data to readily determine the location, bearing and length of all street boundary lines and to reproduce such lines upon the ground.  K.Necessary agreements in connection with required easements or releases.  L.Formal offers of cession to the town of all streets and public parks.     ARTICLE VII, Variances, Waivers, Conditions § 163-24.  Variances. Where the Board finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of the Official Map, if any, or these regulations.  § 163-25.  Waivers. Where the Board finds that, due to the special circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements, subject to appropriate conditions.  § 163-26.  Conditions. In granting variances and modifications, the Board may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified as provided in § 163-7.   ARTICLE VIII, Driveway Specifications  [Added 12-8-1977] § 163-27.  Purpose. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE VIII, Driveway Specifications  [Added 12-8-1977]                     § 163-27.  Purpose.   It is the purpose of these specifications to establish minimum acceptable standards of driveway construction for subdivision in the Town of East Fishkill.  § 163-28.  Design requirements.  [Amended 11-14-2002 by L.L. No. 9-2002] All driveways shall meet the applicable standards of the highway specifications (presently § A197-76).  § 163-29.  Authority for interpretation. Final decision as to the interpretation of any part of these driveway specifications shall rest with the Town Superintendent of Highways.   ARTICLE IX, Cluster Subdivisions  [Added 3-28-1985 by L.L. No. 6-1985; amended 6-28-1986 by L.L. No. 2-1986; 11-14-2002 by L.L. No. 7-2002] § 163-30.  Authorization and purpose.  A.The Planning Board is hereby authorized to approve a cluster development simultaneously with the approval of a plat or plats. Approval of a cluster development shall be subject to the conditions set forth in Town Law § 278 and in this chapter. This authorization shall be applicable to all residential zoning districts in the Town, except the CRD Zoning District.  B.The purpose of the cluster development shall be to enable and encourage flexibility of design and development of land in such a manner as to preserve the natural and scenic qualities of open lands.    § 163-31.  Permitted use. Permitted uses within a cluster subdivision shall be the same as those otherwise permitted in the zoning district in which it is located. In all single-family residential zoning districts, the dwelling units permitted may be, at the discretion of the Planning Board, in detached, semidetached, or attached ("townhouse") structures. Attached (townhouse) structures are permitted only if central water and sewer are provided. In no case shall any attached housing consist of more than four continuous units in a single structure.  § 163-32.  Conditions for cluster development.  A.Applicant's request. An applicant may apply for a cluster development, and the Planning Board may approve such a development if, in the Board's judgment, a cluster development would benefit the Town.  B.Planning Board request.  (1)The Planning Board may request such variations where it finds any one of the following elements justifying preservation:  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE IX, Cluster Subdivisions  [Added 3-28-1985 by L. L. No. 6-1985; amended 6-28-1986 by L.L. No. 2-1986; 11-14-2002 by L.L.                     § 163-32.  Conditions for cluster development.   (a)Steep slopes.  (b)Wetlands.  (c)Flood-prone area.  (d)Historic structures or areas.  (e)Unique natural or geological formations.  (f)Vegetation. Rare vegetation or habitats of endangered wildlife.  (g)Recreation. Lakes, ponds or other significant recreational areas or resources.  (h)Trails, bikeways and pedestrian routes. Potential and existing trails, bikeways and pedestrian routes, particularly the Appalachian Trail.  (i)Views. Significant scenic views, particularly ridgelines, water bodies and mountains.    (2)When the Planning Board requests a cluster. The developer and his professionals shall meet with the Board to discuss the possibilities of cluster development, especially as they relate to the SEQR review of the project. Nonetheless, this section shall not be construed as allowing the Planning Board to mandate a cluster development. Such mandating of cluster development can only take place under Subsection C hereof.    C.Mandatory cluster. The Town Board may, by resolution, authorize the Planning Board to require a cluster development on a particular tract or site under the following circumstances:  (1)Procedure.  (a)Where the Planning Board deems it in the interests of the Town, the Planning Board shall request the Town Board to authorize it to mandate cluster development.  [1]Such request shall specify the element or elements (set forth in Subsection B above), if any, which justify preservation, and shall specifically describe the means by which a cluster development would further the purposes set forth in § 278 of the Town Law, including the manner in which it will enable and encourage flexibility of design and development of land in such a manner as to preserve the natural and scenic qualities of open land.  [2]At the same time that the Planning Board's request is sent to the Town Board, a copy shall be sent by regular mail to the owner of the land in question at the owners last known address. Such owner shall have the right to submit any relevant information to the Town Board.    _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE IX, Cluster Subdivisions  [Added 3-28-1985 by L. L. No. 6-1985; amended 6-28-1986 by L.L. No. 2-1986; 11-14-2002 by L.L.                     § 163-32.  Conditions for cluster development.   (b)The Town Board shall review the information submitted by the Planning Board and the property owner. If the owner requests it, the Town Board shall further meet with the owner and owner's representatives to discuss the desirability of mandating a cluster development. At any such meeting the Planning Board or its designated representative(s) may be present. After reviewing the documents and evidence submitted and the criteria set forth in Town Law § 278 and § 163-32B and C of this chapter, the Town Board shall determine whether or not to authorize the Planning Board to require submission of a cluster development plan. The determination shall be considered a legislative determination by the Town Board. Copies of the Town Board's determination shall be sent by regular mail to the Planning Board and the property owner at the owner's last known address. If the Town Board declines to authorize a mandatory cluster, then the Planning Board shall continue to review any conventional subdivision plan submitted by the owner. If the Town Board authorizes a mandatory cluster, then the Planning Board shall forthwith determine whether or not to require such cluster development proposal, and proceed with the application under the applicable provisions of this chapter.    (2)Time of application.  (a)It is deemed in the best interests of the applicant and the Planning Board to determine the applicable development style at the earliest possible time. Accordingly, it is suggested that the Planning Board and property owner discuss the development alternatives at the sketch plan phase.  (b)An application by the Planning Board to the Town Board for permission to mandate cluster development may be made at any time during the sketch plan or preliminary plat review stage, but may not be made after preliminary approval of a conventional subdivision has been granted.        § 163-33.  Development standards and controls. Except as specified herein, all development standards and controls normally applicable to other residential subdivisions and uses shall also be applicable to cluster subdivisions.  A.Density.  (1)Conventional plan. The permitted number of dwelling units shall in no case exceed the number of units that, in the Planning Board's judgment, would be permitted if the land were subdivided into lots conforming to the minimum lot size and density requirement of this chapter, applicable to the district or districts in which such land is situated and conforming to all other requirements. For this purpose, the applicant will submit a sketch plan for a conventional subdivision to establish this maximum possible number of units, and the Planning Board may require any additional information it deems necessary to make this determination (the "conventional plan" or the "278 plan"). If the application does not include affordable housing units as provided for below, this maximum possible number of units shall constitute the proposed action for purposes of SEQR review.  (a)This section shall not be interpreted to prohibit the provision of additional incentive units pursuant to the Town's Affordable Housing Law (Chapter 194, Article XXIII), which allows units in addition to those established under the conventional plan. Where an applicant proposes to include affordable housing in a cluster subdivision, the number of permitted units established in the conventional plan shall also be deemed the base number of units under the affordable housing provisions. The maximum permitted number of affordable units shall be 15% of the base number of permitted units. The number of additional incentive market-rate units to be allowed shall be calculated, pursuant to the provisions of the Affordable Housing Law, based upon the proposed number of affordable units to be provided. In a cluster project, the proposed action for purposes of SEQR review shall consist of the total proposed number of units, including both the number of lots in the conventional plan, plus the proposed number of affordable units.  (b)When the applicant is proposing a cluster layout, the Planning Board need not require the preparation of an additional conventional lot count plan to demonstrate the viability of the inclusion of the additional incentive market-rate units if the additional incentive market-rate lots do not constitute more than a ten-percent-increase over the base number of permitted units, and the additional incentive market-rate lots can, in the Planning Board's judgment, be readily accommodated within the proposed cluster layout. If the Planning Board does require an additional conventional layout plan to demonstrate the viability of the inclusion of the incentive market-rate lots, such plan shall be prepared using the reduced lot size standards set forth in the Affordable Housing Law.  (c)If the SEQR process results in a reduction in the total number of units from that established in the initial conventional layout, the number of affordable units, and the number of incentive units shall be reduced accordingly.    (2)Environmentally sensitive lands. In making its determination of the permitted number of dwelling units, the Planning Board will seek the preservation of steep slopes, wetlands, floodplains, water bodies and other environmentally sensitive or unique open space or natural features. In calculating the permissible lot count and density under Subsection A(1), the Planning Board will apply the standards of § 194-14.1.    B.Frontage. The site must have a minimum street frontage of 100 feet, and access to the parcel must not create any traffic hazards.  C.Maximum coverage. The maximum permitted gross building coverage on any cluster subdivision site shall be 15%.  D.Screening and buffering for cluster subdivisions. All clusters shall provide a landscaped buffer of at least 50 feet in depth, between the outer perimeter of the property being subdivided and the boundary of any required yard of a newly created residential lot in the cluster. The Planning Board may eliminate the buffer, or reduce its width, in cases where a buffer is unnecessary because of the nature of adjoining property or land use, or where, in its judgment, topography, existing or proposed landscaping, or other proposed improvements provide sufficient screening and privacy for residents. Buffering and screening areas shall be landscaped or left in their natural state in accordance with the provisions of § 194-109 (Landscaping, screening and buffer areas). The Planning Board shall require such supplemental landscaping within the buffer as it may deem appropriate to provide sufficient screening. The yard requirements set forth in § 163-33L shall be measured from the inner edge of this buffer, and not from the subdivision tract perimeter.  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE IX, Cluster Subdivisions  [Added 3-28-1985 by L. L. No. 6-1985; amended 6-28-1986 by L.L. No. 2-1986; 11-14-2002 by L.L.                     § 163-33.  Development standards and controls.   E.Open space and recreation areas. At least 30% of the gross acreage of any cluster subdivision shall be composed of land which is used for recreational purposes and/or preserved as open space. Open space may include buffers and environmentally sensitive lands, but may not include roadways, road rights-of-way, or required yards. Open space can include land owned privately and protected by conservation easement, or by an HOA, provided such land is permanently preserved as open space from future development or future use as part of a yard of any individual lot.  F.Open space. In the event that the application of this procedure results in a plat showing lands available for park, recreation, open space or other municipal purposes directly related to the plat, then the Planning Board as a condition of plat approval may establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. The Town Board hereby requires that such conditions shall be approved by the Town Board before the plat may be approved for filing.  G.Special layout design considerations for large-scale cluster subdivision. In large-scale subdivisions (those exceeding 100 acres), the Planning Board shall consider the layout of small neighborhoods or clusters within the development, each having some open space immediately surrounding it, as a goal of proper site planning so that a large, massive concentration of units, with little or no differentiation, can be avoided and so that the character of the cluster subdivision will match the character of the neighborhood in which it is located. In such cluster subdivision, a pedestrian circulation system shall be designed and installed in addition to the vehicular circulation system, which is sufficient for the needs of cluster residents. Such a system may be composed of a combination of paved and unpaved walkways and bikeways of appropriate width, design and location to serve their intended function. Applicants developing such cluster subdivisions may also apply for a special permit for accessory retail and/or professional services in a cluster (§ 194-65.1).  H.Utilities and services.  (1)Approvals. All buildings within cluster subdivisions shall be served by water supply and sewage treatment systems as approved by the appropriate governmental agency or agencies having jurisdiction thereof.  (2)Future needs. Where centralized facilities are provided, they shall be planned in such a way as to anticipate future utility needs and wherever reasonably feasible shall be sited to reduce the capital costs associated with any future central utility construction.  (3)Cooling systems. Cooling systems shall be designed so as to minimize adverse aesthetic impact.  (4)Surface water runoff. Surface water facilities shall be developed so that the peak rate of stormwater runoff after construction is no greater than the peak rate of runoff prior to development.    I.Energy efficiency. The plan for development of any site within cluster subdivisions shall be designed and arranged in such a way as to promote energy efficiency and assure solar access for all dwelling units.  J.Sidewalks. Sidewalks shall be provided in areas where lot sizes are 10,000 square feet or smaller, or when the Planning Board determines that sidewalks will provide essential pedestrian access to a hamlet center, shopping or public facilities such as parks, schools and churches. Such sidewalks shall be constructed in accordance with standards in the Highway Specifications. EN  K.Minimum lot area. The minimum lot area requirements shall be as follows:  (1)Detached units:  (a)Subdivision with individual wells and individual sewage disposal systems, minimum lot size: 3/4 acre.  (b)Subdivision with central water and individual sewage disposal systems (or vice versa), minimum lot size: 1/2 acre.  (c)Subdivision with central water and central sewers: average minimum lot size must be at least 10,000 square feet. In no event shall any lot be smaller than 7,500 square feet.    _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE IX, Cluster Subdivisions  [Added 3-28-1985 by L. L. No. 6-1985; amended 6-28-1986 by L.L. No. 2-1986; 11-14-2002 by L.L.                     § 163-33.  Development standards and controls.   (2)Semidetached units, including attached end units: (permitted only with central water and individual sewage disposal systems, or with central water and central sewers), minimum lot size: 4,000 square fee.  (3)Attached units (permitted only with central water and central sewers), minimum lot size: 2,500 square feet.    L.Bulk requirements for lots in cluster subdivisions:  (1)For detached units:  (a)Minimum front yard: 20 feet from curb, or 20 feet from the house side of the sidewalk, if provided, whichever is greater.  (b)Minimum rear yard: 30 feet.  (c)Minimum side yard: 15 feet.  (d)Minimum lot width: 75 feet.  (e)Minimum lot depth: 100 feet.  (f)Maximum floor area ratio (FAR): 0.30.    (2)For semidetached and attached units:  (a)Minimum front yard: 20 feet from curb, or 20 feet from the house side of the sidewalk, if provided, whichever is greater.  (b)Minimum rear yard: 30 feet.  (c)FAR: not applicable.        § 163-34.  (Reserved)   _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE IX, Cluster Subdivisions  [Added 3-28-1985 by L. L. No. 6-1985; amended 6-28-1986 by L.L. No. 2-1986; 11-14-2002 by L.L.                     § 163-34.  (Reserved)     Chapter 168, TAXATION [HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.] ARTICLE I, Senior Citizens Tax Exemption [Adopted 8-8-1974 as Ch. 59, Art. I, of the 1974 Code] § 168-1. Purpose.   The purpose of this article is to grant a partial exemption from taxation to the extent of 50% of the assessed valuation of real property which is owned by certain persons with limited income who are 65 years of age or over and who meet the requirements set forth in § 467 of the Real Property Tax Law. § 168-2. Conditions.   Real property owned by persons 65 years of age or over shall be exempt from town taxes to the extent of 50% of the assessed valuation, subject to the following conditions: A.The owner or all of the owners must file an application annually in the Assessor's office at least 90 days before the day for filing the final assessment roll or such other time as may be hereafter fixed by law. B.[Last amended 1-11-2001 by L.L. No. 1-2001 EN] The income of the owner or the combined income of the owners must not exceed $28,900 for the income tax year immediately preceding the date the application was filed. "Income tax year" shall mean the twelve-month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of the capital assets which may be offset by a loss from the sale or exchange of a capital asset, in the same income tax year, net income from rental, salary or earnings, and net income from self-employment, but shall not include a return of capital, gifts or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. However, if the income of an eligible property owner or the combined income of the owners of the property is not greater than $28,899.99, then said owner shall be entitled to a partial exemption pursuant to the following schedule: Percentage Assessed Valuation Exempt Annual IncomeFrom Taxation   $20,500 or less50% _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 168, TAXATION                 ARTICLE I, Senior Citizens Tax Exemption [Adopted 8-8- 1974 as Ch. 59, Art. I, of the 1974 Code]                     § 168-2. Conditions.     More than $20,50045% but less than $21,500   $21,500 or more,40% but less than $22,500   $22,500 or more,35% but less than $23,500   $23,500 or more,30% but less than $24,400   $24,400 or more,25% but less than $25,300 _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 168, TAXATION                 ARTICLE I, Senior Citizens Tax Exemption [Adopted 8-8- 1974 as Ch. 59, Art. I, of the 1974 Code]                     § 168-2. Conditions.     $25,300 or more,20% but less than $26,200   $26,200 or more,15% but less than $27,100   $27,100 or more,10% but less than $28,000   $28,000 or more,5% but less than $28,900   No exemption shall be granted if the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceed the sum of $28,899.99. C.Title to the property must be vested in the owner or, if more than one, in one of the owners, for at least 12 consecutive months prior to the date that the application is filed. [Amended 3-27-1975 by L.L. No. 3-1975; 6-14-2001 by L.L. No. 3-2001] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 168, TAXATION                 ARTICLE I, Senior Citizens Tax Exemption [Adopted 8-8- 1974 as Ch. 59, Art. I, of the 1974 Code]                     § 168-2. Conditions.   D.The property must be used exclusively for residential purposes, be occupied in whole or in part by the owners and constitute the legal residence of the owners. ARTICLE II, Commercial, Business and Industrial Tax Exemption Reduction [Adopted 1-13-1977 by L.L. No. 1-1977] § 168-3. Purpose.   The purpose of this article is to provide for the reduction of the percent of the real property tax exemption for commercial, business or industrial activities provided for in § 485-b, Subdivision 2(a), of the Real Property Tax Law. § 168-4. Reduction of tax exemption percentage.   The real property tax exemption as set forth in Subdivision 2(a) of § 485-b of the Real Property Tax Law shall be reduced to 0%, pursuant to Subdivision 7 thereof. ARTICLE III, Economic Development Zone Exemption [Adopted 2-9-1995 by L.L. No. 1-1995] § 168-5. Title.   This article shall be entitled a "Local law adding Article III to Chapter 168 of the East Fishkill Code to be entitled "Economic Development Zone Exemption." § 168-6. Purpose and intent; implementation of exemption.   The Town of East Fishkill hereby enacts § 485-e of Real Property Tax Law, whereby real property constructed, altered, installed or improved in an area within the Town of East Fishkill designated as an Economic Development Zone pursuant to Article 18-B of the General Municipal Law shall be exempt from taxation and special ad valorem levies by the Town of East Fishkill for the period and to the extent hereinafter provided. Any such exemption shall be implemented in accordance with the procedures, and subject to the conditions, more fully set forth in § 485-e of the Real Property Tax Law. § 168-7. Applicability of statute.   This article is adopted pursuant to enabling legislation set forth in § 485-e of Real Property Tax Law of the State of New York entitled "Economic Development Zone Exemption," and interpretation of this article is to be consistent with interpretation of the enabling legislation. Any exemption provided pursuant to this article is subject to and limited by the provisions of § 485-e of the Real Property Tax Law. All terms used in this article shall have the definitions as set forth in 485-e. § 168-8. Term of exemption.   The exemption provided herein shall be for a term of 10 years commencing from the date on which the Economic Development Zone was designated. EN _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 168, TAXATION                 ARTICLE III,  Economic Development Zone Exemption [Adopted 2-9-1995 by L.L. No. 1- 1995]                     § 168-9. Amount of exemption.   § 168-9. Amount of exemption.   The amount of exemption shall be computed in accordance with the percentages delineated in Real Property Tax Law § 485-e, Subdivision 1(b) and (c), as applied to the "base amount" as defined in Real Property Tax Law § 485-e, Subdivision 2. ARTICLE IV, Fees for Duplicate Statement of Taxes [Adopted 9-14-1995 by L.L. No. 9-1995] § 168-10. Purpose.   The purpose of this article is to supersede provisions of Real Property Tax Law § 922 and authorize the Collecting Officer to charge a fee for issuing a duplicate statement of taxes, other than one mandated by statute. § 168-11. Authorization to charge fee. A.The Collecting Officer may charge a nonrefundable fee of $5 for the issuance of each duplicate statement of taxes for a parcel of real property, other than a duplicate statement of taxes mandated by statute. Presently, duplicate statements are mandated for: (1)The forwarding of a statement of taxes to any new owner of real property where the Collection Officer has received notice of such transfer of real property occurring subsequent to the taxable status date pursuant to Real Property Tax Law § 922, Subdivision (b); and (2)The forwarding of duplicate tax statements for elderly and disabled property owners pursuant to Real Property Tax Law §§ 922, Subdivision (d)1-a and 923. B.The amount of the above fee may be changed from time to time by a resolution of the Town Board. § 168-12. Definition.   For purposes of this article, a "duplicate statement of taxes" shall be deemed to include the compiling and transmitting of tax information pertaining to a single parcel of real property on memo bills and/or other forms provided by financial institutions and other tax escrow collecting agencies. ARTICLE V, Alternative Veterans Exemption [Adopted 2-25-1997 by L.L. No. 1-1997] § 168-13. Exemption established.   Pursuant to the provisions of Real Property Tax Law § 458-a, Subdivision 2(d)(ii), the maximum alternative veterans' exemption applicable to general real property taxes imposed by the Town of East Fishkill is established as set forth herein. As required by law, this exemption does not apply to school taxes, special ad valorem levies or special assessments. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 168, TAXATION                 ARTICLE V, Alternative Veterans Exemption [Adopted 2-25- 1997 by L.L. No. 1-1997]                     § 168-13. Exemption established.   A.Qualifying residential real property shall be exempt from taxation to the extent of 15% of the assessed value of such property; provided, however, that such exemption shall not exceed $18,000 or the product of $18,000 multiplied by the latest state equalization rate for the assessing unit, or in the case of a special assessing unit, the latest class ratio, whichever is less. B.In addition to the exemption provided by Subsection A of this section, where the veteran served in a combat theater or combat zone of operations, as documented by the award of a United States campaign ribbon or service medal, qualifying residential real property also shall be exempt from taxation to the extent of 10% of the assessed value of such property; provided, however, that such exemption shall not exceed $12,000; or the product of $12,000 multiplied by the latest state equalization rate for the assessing unit, or in the case of a special assessing unit, the class ratio, whichever is less. C.In addition to the exemptions provided by Subsections A and B of this section, where the veteran received a compensation rating from the United States veteran's administration or from the United States department of defense because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property multiplied by 50% of the veteran's disability rating; provided, however, that such exemption shall not exceed $60,000 or the product of $60,000 multiplied by the latest state equalization rate for the assessing unit, or in the case of a special assessing unit, the latest class ratio, whichever is less. For purposes of this subsection, where a person who served in the active military, naval or air service during a period of war died in service of a service connected disability, such person shall be deemed to have been assigned a compensation rating of 100%. ARTICLE VI, Exemption for Persons with Disabilities [Adopted 1-14-1999 by L.L. No. 1-1999] § 168-14. Exemption established. A.The Town of East Fishkill hereby grants the exemption authorized pursuant to § 459-c of the Real Property Tax Law. Real property owned by one or more persons with disabilities, or real property owned by a husband, wife, or both, or by siblings, at least one of whom has a disability, and whose income, as hereafter defined, is limited by reason of such disability, shall be exempt from taxation by the Town of East Fishkill to the extent provided herein. Notwithstanding any other provision of law to the contrary, the provisions of this section shall apply to real property held in trust solely for the benefit of a person or persons who would otherwise be eligible for a real property tax exemption, pursuant to this section, were such person or persons the owner or owners of such real property. B.As used herein, a person with a disability is one who has a physical or mental impairment, not due to current use of alcohol or illegal drug use, which substantially limits such person's ability to engage in one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working, and who: (1)Is certified to receive social security disability insurance (SSDI) or supplemental security income (SSI) benefits under the Federal Social Security Act; (2)Is certified to receive railroad retirement disability benefits under the Federal Railway Retirement Act; or (3)Has received a certificate from the state commission for the blind and visually handicapped stating that such person is legally blind. C.In order to receive the exemption provided herein, an award letter from the Social Security Administration or the Railroad Retirement Board or a certificate from the state commission for the blind and visually handicapped shall be submitted as proof of disability. D.As used herein, the term "sibling" shall mean a brother or a sister, whether related through half blood, whole blood or adoption. § 168-15. Extent of exemption. A.No exemption shall be granted if the income of the owner or the combined income of owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the sum of $28,900. Income tax year shall mean the twelve-month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum, except where the husband or wife, or ex-husband or ex-wife is absent from the property due to divorce, legal separation or abandonment, then only the income of the spouse or ex-spouse residing on the property shall be considered and may not exceed such sum. [Amended 1-11-2001 by L.L. No. 2-2001] B.Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings, and net income from self-employment. The methods of computing net rental income and net income from self-employment shall be those provided in New York State Real Property Tax Law § 459-c, Subdivision 5. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 168, TAXATION                 ARTICLE VI,  Exemption for Persons with Disabilities [Adopted 1-14-1999 by L.L. No.  1-1999]                     § 168-15. Extent of exemption.   C.Income shall not include a return of capital, gifts, inheritances or moneys earned through employment in the federal foster grandparent program. D.[Amended 1-11-2001 by L.L. No. 2-2001 EN] The extent of the exemption granted shall depend on the annual income as calculated in the above section, and be as follows: Percentage Assessed Valuation Annual IncomeExempt From Taxation   $20,500 or less50%   More than $20,500,45% but less than $21,500   $21,500 or more,40% but less than $22,500   $22,500 or more,35% but less than $23,500 _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 168, TAXATION                 ARTICLE VI,  Exemption for Persons with Disabilities [Adopted 1-14-1999 by L.L. No.  1-1999]                     § 168-15. Extent of exemption.     $23,500 or more,30% but less than $24,400   $24,400 or more,25% but less than $25,300   $25,300 or more,20% but less than $26,200   $26,200 or more,15% but less than $27,100 $27,100 or more,10% but less than $28,000 _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 168, TAXATION                 ARTICLE VI,  Exemption for Persons with Disabilities [Adopted 1-14-1999 by L.L. No.  1-1999]                     § 168-15. Extent of exemption.   $28,000 or more,5% but less than $28,900 E.Any exemption provided by this section shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed; provided, however, that no parcel may receive an exemption for the same municipal tax purpose pursuant to both this section and Real Property Tax Law § 467 (persons 65 years of age or over), as implemented by the town. § 168-16. Application for exemption.   Application for such exemption must be made annually by the owner, or all of the owners of the property, on forms prescribed by the State Board, and shall be filed in such Assessor's office on or before the appropriate taxable status date; provided, however, that proof of a permanent disability need be submitted only in the year exemption pursuant to this section is first sought or the disability is first determined to be permanent. At least 60 days prior to the appropriate taxable status date, the Assessor shall mail to each person who was granted exemption pursuant to this section on the latest completed assessment roll an application form and a notice that such application must be filed on or before taxable status date, and be approved in order for the exemption to continue to be granted. However, failure to mail such application form or the failure of such person to receive the same shall not prevent the levy, collection and enforcement of the payment of the taxes on property owned by such person.   Chapter 177, VEHICLES AND TRAFFIC [HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.] ARTICLE I, Parking [Adopted 8-8-1974 as Ch. 63, Art. I, of the 1974 Code] § 177-1. Parking prohibited.   No motor or other vehicle of any kind shall be allowed or permitted to stop, stand or park in the following streets, roads or highways in the Town of East Fishkill, Dutchess County, New York, at the locations set forth herein: A. ENOn the right-of-way of West Hook Road, a town highway, for a distance of 200 feet measured 100 feet in each direction from the center line of the Wiccopee Fire House as extended across said right-of-way. B.On the right-of-way of Hillside Lake Road, a county highway, for a distance of 250 feet measured 125 feet in each direction from the center line of the Hillside Lake Fire House as extended across said right-of-way. C.On the right-of-way of Old Route 52, a town highway, for the following distances: on the south side of Old Route 52 beginning at a Central Hudson Gas & Electric Corporation Pole No. 2800212, 57 feet east and 76 feet west, a total of 133 measured feet; thence on the north side of Old Route 52 beginning at a Central Hudson Gas & Electric Corporation Pole No. 52345 situate at the east side of the firehouse and running in front of the firehouse a total of 88 measured feet to the west as extended across said right-of-way. D.[Added 12-5-1985 by L.L. No. 10-1985] Along either side of Country Club Road or in any part of the road right-of-way of said Country Club Road, 1,000 feet in from Beekman Road. Along Fishkill Hook Road or in any part of the road right-of-way of said Fishkill Hook Road 200 feet on each side across from the General Store, 200 feet on each side adjacent to General Store and 200 feet south of the General Store on each side of said road. Along any road or in any part of the road right-of-way leading to a Park and Ride facility, 200 feet from any exit or entrance. Along any town road or in any part of the road right-of-way of said town road 100 feet in from a state or county road. Drafing pad at Seguine Pond on Rte. 376. Fill pad at Red Wing Park. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 177, VEHICLES AND TRAFFIC                 ARTICLE I, Parking [Adopted 8-8-1974 as Ch. 63, Art. I,  of the 1974 Code]                     § 177-1. Parking prohibited.   E.[Added 11-12-1992 by L.L. No. 7-1992] Along either side of Old Route 52, a town highway, for a distance of 250 feet in a southeasterly direction measured from the center line of Seaman Road at a point of intersection with Old Route 52. Along either side of Old Route 52, a town highway, for a distance of 250 feet in a northwesterly direction measured from the center line of Seaman Road at the point of intersection with Old Route 52. Along either side of Seaman Road for a distance of 250 feet in an easterly direction measured from the center line of Old Route 52, a town highway, at the point of intersection with Seaman Road. § 177-2. Seasonal parking restrictions. A.No motor vehicle, trailer or wheeled conveyance shall be allowed or permitted to stop, unattended by a licensed driver, or to stand or park on any town road or highway or on any state highway within the town during the winter season between November 1 and April 15 each year. B.The purpose of this section is to facilitate the orderly and unobstructed passage of snowplowing and snow removal equipment during each winter season. C.When any such vehicle, trailer or conveyance is found so stopped or standing or parked, the same may be removed at the direction of the Town Highway Superintendent. D.Storage and charges. After the removal of any such vehicle, trailer or conveyance as provided herein, the Superintendent of Highways may store the same in a suitable place at the expense of the owner thereof. Such owner may redeem the same upon payment to the Town Clerk of the amount of expenses actually and necessarily incurred in effecting such removal; such charge shall be as set from time to time by the Town Board. EN E.Notice of removal. The Town Highway Superintendent shall, without unreasonable delay, report the removal and disposition of any such vehicle, trailer or conveyance removed as provided in this section to the Town Clerk. It shall be the duty of the Town Clerk, to the reasonable extent possible, to notify the owner of the same by ordinary mail of such removal and disposition and of the amount which will be required to redeem the same as of the date of such notice. F.This section is in part an authorization of authority to the Town Highway Superintendent to permit removal of such vehicles, trailers or conveyances; the redemption charges contained in this section are not in themselves intended as a penalty for the violation of this article, nor is the payment of the same by the owner to be an alternative to the penalty provided under § 177-3 hereof. § 177-3. Penalties for offenses.   An offense against this article is hereby declared to be a traffic infraction, and a person violating same may, upon conviction, be fined by a fine not exceeding $50 or imprisonment not exceeding 15 days, or by both such fine and imprisonment. ARTICLE II, Parking, Stopping or Standing on Private Lands [Adopted 8-8-1974 as Ch. 63, Art. II, of the 1974 Code; amended 1-12-1989 by L.L. No. 3-1989] § 177-4. Short title.   This article shall be known and may be cited as a "Local Law Amending Article II of the Town of East Fishkill Code to Prohibit Parking, Stopping or Standing of Motor Vehicles on Private Lands." § 177-5. Definitions. A.Words used herein shall have the same meanings as defined in the Vehicle and Traffic Law of the State of New York and the Zoning Ordinance of the Town of East Fishkill.EN _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 177, VEHICLES AND TRAFFIC                 ARTICLE II, Parking,  Stopping or Standing on Private Lands [Adopted 8-8-1974 as Ch. 63, Art.  II, of the 1974 Code; amended 1-12                     § 177-5. Definitions.   B."Owner" is a person in general charge of the operation and control of a parking area. C.Fire lanes are areas designated as "No Parking" or "No Standing" pursuant to this Article II of the East Fishkill Code to provide access to buildings for fire and emergency vehicles. § 177-6. Legislative findings.   It is hereby declared and found that it is vital to the public welfare of the inhabitants and visitors of the town that roadways and parking areas in shopping plazas and other areas of concentrated public use be maintained in such a manner that all such areas shall have access for emergency and fire vehicles into said areas, and that in controlling said private roadways and areas it will contribute to the protection and preservation of the property of the town and its inhabitants' benefit and generally secure the general welfare of the public, and that the adoption of this article is within the public interest. § 177-7. Establishment of a fire lane.   The Town Board may designate a fire lane by local law: A.Upon written request of the owner of a parking area or private streets of a shopping center, multifamily complex, fire station or industrial complex or other private lands; or B.Upon request of the Fire Chief of the Fire Department serving such area. § 177-8. Designation of areas; signs and maintenance. A.Fire lanes shall be designated with appropriate signs or markings, as directed by the Town Board. B.The town shall supply and maintain the designations and markings and the charge shall be a town charge, provided: (1)The need for such maintenance is not caused by an act of the owner or his agents. (2)Any owner who removes a sign or alters road markings due to reconstruction of parking areas shall be required to replace such signs and markings at his own expense. § 177-9. Parking and standing prohibited in designated areas. A.Parking, standing or stopping of vehicles within the area designated as fire lane is prohibited except for vehicles delivering merchandise, provided such vehicles are not left unattended. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 177, VEHICLES AND TRAFFIC                 ARTICLE II, Parking,  Stopping or Standing on Private Lands [Adopted 8-8-1974 as Ch. 63, Art.  II, of the 1974 Code; amended 1-12                     § 177-9.  Parking and standing prohibited in designated areas.   B.[Amended 9-21-1989 by L.L. No. 10-1989] The following areas are hereby designated as fire lanes. EN § 177-10. Removal and storage of vehicles. A.The Town Police Department is authorized, in areas designated by this article and properly posted, to seize, remove and store any motor vehicle which is parked or abandoned in said areas during a snowstorm, flood, fire or other public emergency. It shall be the duty of the Police Department to ascertain the owner or the person in charge of such vehicle and to advise him of the seizure and disposition of the vehicle. B.The owner or other person in charge of such vehicle may redeem the vehicle by paying the expenses actually and necessarily incurred, as set from time to time by the Town Board.EN § 177-11. Penalties for offenses.   Any person committing an offense against any provision of this article relating to parking of a motor vehicle shall be guilty of a traffic infraction and shall, for the first conviction thereof, be punished by a fine of not more than $50 and for a second or subsequent offense within 18 months after the first conviction, such person shall be punished by a fine of not more than $100 or by imprisonment of not more than 15 days, or by both such fine and imprisonment. ARTICLE III, Use of Highway for Solicitation [Adopted 9-12-1996 by L.L. No. 10-1996] § 177-12. Prohibitions on pedestrian activity within highway.   In addition to the activities prohibited under Vehicle and Traffic Law § 1157, the following activities are prohibited within all highways within the Town of East Fishkill other than state highways maintained by the state: A.No person shall occupy any part of any highway in the Town of East Fishkill in any manner for the purposes of soliciting monetary contributions. § 177-13. Penalties for offenses.   Every person convicted of a violation of this section shall be guilty of a traffic infraction, and shall, for a first conviction thereof, be punished by a fine of not more than $100 or by imprisonment for not more than 15 days, or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of 18 months, such person shall be punished by a fine of not more than $100 or by imprisonment for not more than 45 days, or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of 18 months, such person shall be punished by a fine of not more than $300 or by imprisonment for not more than 90 days or by both such fine and imprisonment. Fire Lane Designations Town of East Fishkill Fire Lane Designations   NameLocationTax Map No.Fire Lane Designation _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 177, VEHICLES AND TRAFFIC                 ARTICLE III, Use of Highway for Solicitation [Adopted 9- 12-1996 by L.L. No. 10-1996]                     Fire Lane Designations   Hopewell Hose Fire Co. #1Route 3766457-03-395326North and south of bay doors Stormville Fire Co. #2Old Route 526657-03-098246West of building; in front of bay doors Stormville Fire Co. #2 SubstationMountaintop6655-02-865913West of building; in front of bay doors Road Hillside Lake Fire Co.Hillside Lake Road6458-06-482898North of building Wiccopee Fire Co. #4West Hook Road6355-00-395502Front of bay doors on west and north of buildings Wiccopee Fire Co. #4 SubstationTownsend Road6455-00-742910Front of bay doors on north of building Grand Union Plaza I & IIRoute 376 & 826457-01-328570Front of building from northwest corner of Grand Union, southeast to southeastern corner Plaza at Route 82 (presentlyRoute 826457-01-280546Front of building; from northeast corner to containing Sandy’s Camera Shop,southwest corner Van Vlack Cleaners, Jeans-n-T’s, Plaza Barber Shop) Plaza at Route 82 (presentlyRoute 826457-01-280546Front of building; from northeast corner to containing Italian Delight Deli,southwest corner Hopewell Sporting Goods, Hopewell Bakery, Norge Village Laundry) Plaza at Route 82 (presentlyRoute 826457-01-274544Front of building; from northeast corner to containing Cracker Barrel, Hunamsouthwest corner Restaurant, Midvalley Decorations, Carvel Ice Cream)   Town of East Fishkill Fire Lane Designations   NameLocationTax Map No.Fire Lane Designation Betterway BeverageRoute 826357-04-851415Front of building; southeast corner of loading dock to southwest corner Saint Columbia SchoolRoute 826457-01-301646Front of building; west corner of convent extending south to southwest corner of school, then south to southwest corner of school Croniser ConstructionRoute 826457-01-232559Rear of building (north); and west of building Russo Wines and LiquorsRoute 826457-01-247570Rear of building (north) Hillside Lake Fire Co. Hillside Lake Road6458-06-482898Front of bay doors, north of building Grand Union PlazaRoutes 376 & 826457-01-328570Front of building from northwest corner of  Grand Union to northeast corner, south to Neustadt Drugs, east to Hopewell Hardware, then south to southeastern rear corner of building Betterway BeverageRoute 826357-04-851415Front of building. Steel posts should be removed so that the fire lane is not obstructed Don Ward’s Auto BodyRoute 826457-01-220586Driveway northeast of building William Tell HardwareRoute 826457-01-210545West side of building, from curb north to fence Bank of New York  Route 826457-01-220511Front of structure; from northeast corner of building extending to northwest corner of building   Town of East Fishkill Fire Lane Designations   NameLocationTax Map No.Fire Lane Designation Saint Columbia SchoolRoute 826457-01-301646Front of building; from edge of sidewalk west of building then easterly and southerly to southernmost corner of building Saint Columbia ConventRoute 826457-01-301646Front of building; along south side, from sidewalk to driveway Plaza at Route 82: (presentlyRoute 826457-01-328570Front of building; northwest corner to northeast containing Fishkill National Bank,corner, then south to current striped parking Great Mane, All Season Real Estate, Thad’s Cleaners, The Lookout Computer Shop, The Rose Garden, Pat’s Sweet and Things) Sisto’s Super Seven PlazaRoute 3766358-02-911567Front of building; from southwest corner to southeast corner Hopewell PharmacyRoute 826457-01-252530Front of building from northwest to northeast corner, then along side of building to southeastern corner Pizza Village/Anthony’s CateringRoute 826457-01-221552Rear of building (north) Plaza at Route 82 (presentlyRoute 826457-01-231518Front of building; northeast corner extending containing Peter’s Unisex, Villagesouthwest to southwest corner Shoes, Fishkill Department Store, Hopewell Men’s Store) William Tell HardwareRoute 826457-01-210545Rear of building (north) Plaza at Route 82 (presentlyRoute 826457-01-242524From northeast corner extending in front of containing Video Pit, Hopewellsouthwest corner Hot Bagels, Dutchess Beauty Supply, Pied Piper Party Outlet, Barones Paint Plus   Town of East Fishkill Fire Lane Designations   NameLocationTax Map No.Fire Lane Designation Hopewell PharmacyRoute 826457-01-252530Front and sides; northeast corner to southwest corner Wiccopee PlazaRoute 526356-03-455073Front of building facing Route 52, from southwest northeast corners Robert Mark BuildingRoute 526356-04-613216Front of building Sisto’s Super Seven PlazaRoute 3766358-02-911567Front of building; from southwest to northwest corners Bank of New York Route 826457-01-220511Front of structure; from northwest of building extending to southwest corner Dutchess BankRoute 826457-01-266580Rear of building (north) Steve’s Garage and Don Ward’sRoute 826457-01-220586Rear of building (north) Auto Body Plaza at Route 82 (presentlyRoute 826457-01-328570Front of building; northwest corner of bank to containing Fishkill National Bank,southeast of building Great Mane, Virgo Travel, Thad’s Cleaners   Chapter 186, WATER [HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.] ARTICLE I, Standards for Installation of Water Mains, Valves and Hydrants [Adopted 4-10-1975] § 186-1. Scope. [Amended 1-12-1989 by L.L. No. 2-1989] A.These specifications shall be used for construction of water lines within the Town of East Fishkill. These include the mains within the streets and on rights-of-way and building connections, including the necessary items such as valves, hydrants and appurtenances. These specifications shall be considered to be minimum acceptable standards for construction. B.Upon approval of the Engineer, the owner may use as alternative specifications applicable standards of the Dutchess County Health Department and New York State Department of Environmental Conservation or other agencies of jurisdiction, as long as such specifications meet or exceed the specifications herein, but the owner in no case shall be allowed to use standards which are less stringent than those adopted herein. § 186-2. Definitions.   As used in this article, the following terms shall have the meanings indicated: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE I, Standards for Installation of Water Mains,  Valves and Hydrants [Adopted 4-10-1975]                     § 186-2. Definitions.   ANSI -- The numbered specifications of the American National Standards Institute, as revised at the time design is approved. AWWA -- The numbered specifications of the American Water Works Association, as revised at the time design is approved. ENGINEER -- The Engineer for the Town of East Fishkill or his authorized deputy, agent or representative. OWNER -- The legal owner of the real estate to be improved, or such person designated as his agent, in writing, to the Engineer. OWNER'S ENGINEER -- The engineer of record with reference to the water system. § 186-3. Permits.   The owner shall obtain such permits as are necessary for the opening of streets, building permits and such others as are required by local law. These shall be obtained prior to the start of construction and at no cost to the Town of East Fishkill. The owner shall be responsible for payment of all fees required by such local laws. § 186-4. Notice of construction.   The Engineer shall be notified at least seven working days in advance of the start of construction. § 186-5. Judge of quality and suitability.   All materials becoming a part of the permanent construction, as called for on the approved drawings and in the specifications, shall be first class in every respect and subject to the approval of the Engineer who shall be the sole judge of their quality and suitability for the purposes that they are to be used. If any material, brought on the site for use in the work, is condemned by the Engineer after arrival at the site, as unsuitable or not in conformity with the specifications, the owner shall immediately remove such materials from the construction site. § 186-6. Approved drawings. [Amended 1-12-1989 by L.L. No. 2-1989]   Approved drawings shall consist of a set of plans and profiles prepared by the owner's engineer and submitted to the Engineer for review and approval as to conformity to the basic municipal water supply system plan and the specifications. The Engineer's approval shall be affixed to the drawings, and a copy of such approved drawings shall be on the construction site at all times. No deviation shall be made from the line and grade, or by substitution of materials, from that shown on the approved drawings, except by written authorization of the Engineer. § 186-7. As-built drawings.   The owner's engineer shall provide the Engineer with a revised set of permanent reproducible drawings showing the as-built location, sizes and elevations of water lines, valves, hydrants, building connection, water main and service terminations and easements, together with such legal descriptions as are required for proper recording of such easements. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE I, Standards for Installation of Water Mains,  Valves and Hydrants [Adopted 4-10-1975]                     § 186-8. Water main sizes.   § 186-8. Water main sizes.   All water mains shall be no smaller than eight-inch diameter. Written requests for exceptions shall be submitted to the Engineer for approval. The Engineer may require the installation of water mains of greater size than eight-inch diameter if, in his judgment, service conditions so require. § 186-9. Water main materials. [Amended 1-12-1989 by L.L. No. 2-1989] A.Ductile iron pipe. (1)Type and class of pipe. All ductile pipe shall meet the requirements of the specifications tabulated below and shall be in accord with the pressure and thickness classifications tabulated: Material Specifications   ANSI A21.51-86AWWA C151-86 ANSI A21.4-85AWWA C104-85 (2)Joints. (a)Mechanical joints shall meet the requirements of ANSI Specification A21.11-86 (AWWA C111-86) and shall have the same pressure rating as the pipe of which it is a part. Assembly of mechanical joint fittings shall be completed with a torque wrench. Torque to be applied to each bolt shall be between 60 pounds and 90 pounds. After all pipe and fitting joints have been completed, there shall be inserted in each joint two bronze wedges as furnished by the pipe manufacturer. They shall be firmly driven between the outside surface of the pipe and the inside surface of the socket. The wedges shall be placed 180° apart on the horizontal axis. (b)Except as necessary to connect into existing pipe, rubber-ring-type gaskets shall be used with bell and spigot pipe, mechanical joints or push-on joints, which gaskets shall be equal to Fastite as made by the American Cast Iron Pipe Company; Bell-Tite as made by Clow Company; Tyton as made by the U.S. Cast Iron Pipe Company. (c)A thin coat of lubricant shall be applied to each spigot end, as required by ANSI Specification A21.11-7.4-86. (3)Fittings. All bell and spigot cast-iron fittings and mechanical joint ductile-iron pipe fittings shall meet the specification of ANSI A21.10-87. (4)Coating and lining. All ductile-iron pipe and fittings shall be coal tar pitch coated on the outside and cement lined on the inside, in conformance with ANSI A21.4-85 specification (AWWA C104-85). Coating and lining shall be accomplished at the point of manufacture. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE I, Standards for Installation of Water Mains,  Valves and Hydrants [Adopted 4-10-1975]                     § 186-9. Water main materials. [Amended 1-12- 1989 by L.L. No. 2-1989]   B.Polyvinyl chloride (PVC) pressure pipe, four-inch through twelve-inch diameter for water main. (1)Material and class. All PVC pressure pipe for water systems and appurtenances therefor shall conform to the current (latest revision) AWWA Standard Specification C900-81 in all respects, including the following: (a)The class of the pipe to be furnished shall be Class 200 for pipe sizes up to eight-inch diameter pipe and Class 150 above eight-inch diameter pipe. (b)Certified records of tests made by the manufacturer or by an approved commercial laboratory, or by both, as required by the Engineer, shall be submitted to the Engineer with each shipment of pipe, demonstrating that the pipe delivered complies with the specifications herein. (2)All couplings, fittings, valves, gaskets (elastomeric) and other such related appurtenances shall be in conformance with current AWWA Standards governing such appurtenances for the pipe being provided. C.Marking. (1)Ductile-iron pipe and fittings. (a)Each length of pipe and each random and short length of pipe shall be marked with the manufacturer's name, trade name, nominal size, class, hydrostatic test pressure, a "T" to signify it was tested and the date of manufacture. (b)Each coupling shall be marked by the manufacturer with the manufacturer's identification, the size, the year of manufacture and the class of pipe with which it can be used. § 186-10. Water main installation. A.Excavation. (1)Trench width. (a)The trench width may vary with and depend upon the depth of trench and the nature of the excavated material encountered but, in any case, shall be of ample width to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted properly. (b)The minimum width of unsheeted trench shall be at least 18 inches larger than the outside diameter of the pipe except by consent of the Engineer; the maximum clear width of trench shall be not more than two feet greater than the outside pipe diameter. When sheeting and bracing is used, the trench width shall be increased accordingly. All trenching operations shall be performed in compliance with OSHA safety standards. [Amended 1-12-1989 by L.L. No. 2-1989] (2)Pipe cover. Minimum cover over top of water mains shall be five feet measured from established grade of street. Cover in excess of five feet may be approved by the Engineer. [Amended 1-12-1989 by L.L. No. 2-1989] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE I, Standards for Installation of Water Mains,  Valves and Hydrants [Adopted 4-10-1975]                     § 186-10. Water main installation.   (3)Bedding. (a)The trench, unless otherwise specified, shall be excavated at least four inches below the bottom of the pipe and bottom shall be brought back to grade by thoroughly compacting selected backfill which meets the requirements of Subsection A(6). This bedding requirement may be waived by the Engineer if pipe foundation soil condition warrants same. Said waiver is to be solely determined by the Engineer. [Amended 1-12-1989 by L.L. No. 2-1989] (b)When the uncovered trench bottom at subgrade is soft and, in the opinion of the Engineer, cannot support the pipe, a further depth and/or width shall be excavated and refilled to pipe foundation grade with slag, stone and/or other approved materials, or other approved means shall be adopted to secure a firm foundation for the pipe. (c)Ledge rock, boulders, large stones and shale shall be removed to provide a clearance of at least six inches below all parts of the pipe, valves or fittings, and a clear width of nine inches on each side of all pipe shall be provided. (d)Bell holes of ample dimensions shall be dug at each joint to permit the jointing to be made properly. Adequate clearance for properly jointing pipe laid in rock shall be provided at bell holes. (4)Sheeting and bracing. Sheeting and bracing shall be used as required or ordered by the Engineer to support the sides of trenches or other excavation. Such sheeting and bracing shall be removed as the trench or excavation is backfilled, unless the Engineer shall order the same left in place. (5)Backfilling. The backfilling shall be first done over the middle portion of each length of pipe, bringing the cover to a depth of at least one foot over the top of the pipe and leaving all joints exposed until after the pipe has been tested and passed by the Engineer. The rest of the backfilling shall be done in the same manner. (6)Selected backfill. All backfill under, around and to a depth of one foot over the top of all pipes and valves shall be made with a selected material thoroughly tamped. The material to be used for selected backfill embedment shall be a natural bank sand graded from fine to coarse, not lumpy or frozen and free from slag, cinders, ashes, rubbish or other deleterious or objectionable material. It shall not contain a total of more than 5% by weight of loam and clay, and all material must be capable of being passed through a three-fourths-inch sieve. Not more than 5% shall remain on a No. 4 sieve. Samples of the material to be used shall be submitted to and be approved by the Engineer or his authorized agent. Limestone screenings, sand, bank-run gravel and approved excavated material may be utilized with the approval of the Engineer. (7)Earth backfill. (a)Only after the backfill previously mentioned has been satisfactorily compacted may work proceed in placing the remaining backfill which must be carefully placed and compacted by tamping, puddling or rolling. All precautions must be taken to eliminate future settlement. (b)Where pavements, driveways, curbing and sidewalks are to be placed or are to be replaced, all backfill placed over the pipe shall be compacted with the use of approved vibratory or flat-faced mechanical tampers in layers not more than 12 inches thick, loose measurements, to 95% standard proctor density (per ASTM: D698 method). If any compaction is questioned by the Engineer, the owner shall supply test results to verify the compaction. [Amended 1-12-1989 by L.L. No. 2-1989] (c)Backfilling shall not be done in freezing weather, except by permission of the Engineer, and it shall not be made with frozen materials nor shall any fill be made where the material already in the ditch is frozen. (d)All backfill above a plane one foot above the top of all pipes may be made with material excavated from the trenches, provided that the same is satisfactory to the Engineer. If, in the opinion of the Engineer, the material excavated is unsatisfactory, other material suitable for backfill shall be used. All backfill shall be free from slag, cinders, rubbish and other objectionable material. (8)Pipe laying. (a)Pipe, couplings and fittings shall be handled and installed in accordance with the recommendations of the pipe manufacturer. Proper and suitable tools and appliances for the safe and convenient handling and laying of the pipes and fittings shall be used. Under no circumstances shall pipe or accessories be dropped or dumped into the trench or bumped while handling. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE I, Standards for Installation of Water Mains,  Valves and Hydrants [Adopted 4-10-1975]                     § 186-10. Water main installation.   (b)Great care shall be taken to prevent the pipe coating from being damaged, particularly on the inside of the pipes and fittings, and any such damage shall be remedied as directed. All pipes and fittings shall be carefully examined for defects just before laying, and no pipe or fitting shall be laid which is known to be defective. Pipes shall be laid only in properly prepared trenches and on compacted sand cradle, true to line and grade and with no dips or rises except as required by the design. (c)All pipes and fittings shall be thoroughly cleaned before they are laid, shall be kept clean until they are used in the completed work and, when laid, shall conform to the lines and grades of the design. Open ends of pipe shall be kept plugged with a bulkhead during construction. (d)Pipe laid in trench shall be laid to a firm and even bearing in material for its full length. [Amended 1-12-1989 by L.L. No. 2-1989] (e)No pipe shall be laid in wet trench conditions which preclude proper bedding as specified or on frozen trench bottom, or when in the opinion of the Engineer the trench conditions or weather are unsuitable for proper installation. (f)It is the intention of these specifications to secure first class workmanship in the placing of pipe and accessories. (9)[Amended 1-12-1989 by L.L. No. 2-1989] Nonstandard deflections. Whenever changes in line and grades of the main are not standard fitting deflections, combinations of standard fittings and small deflections, in the adjoining lengths of pipe will be permitted, subject to the following limitations: (a)For ductile iron bell and spigot pipe, the maximum deflection at each joint shall be 3°. (b)For ductile iron mechanical joint pipe, the above deflection shall be limited to 5°. (c)For PVC pipe, the above deflection shall not exceed that recommended as maximum by the pipe manufacturer. (10)Buttresses and anchorages. Bends, T's and plugged ends shall be buttressed or anchored with poured concrete as directed by the Engineer. (11)Operating valves. The operation of all gate valves on existing mains for making connections or tests, or for any other cause, shall be done by the town water district (if such districts are created), and sufficient notice shall be given to the town water district by the contractor so that the work may be done with a minimum of inconvenience to the public and delay to the contractor. § 186-11. Testing and sterilization. A.Testing. (1)After the pipe is laid and before backfill is placed around joints, such length of the water main as the Engineer may have determined shall be tested under hydrostatic pressure. The section of pipe to be tested shall be filled with water for a minimum period of 48 hours and then subjected to the test. The test pressure shall be 50% greater than the operating pressure measured at the lowest elevation of the system. [Amended 1-12-1989 by L.L. No. 2-1989] (2)[Amended 1-12-1989 by L.L. No. 2-1989] The duration of the test shall be two hours unless otherwise directed by the Engineer. Under test, pipelines shall show leakage not exceeding the following: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE I, Standards for Installation of Water Mains,  Valves and Hydrants [Adopted 4-10-1975]                     § 186-11. Testing and sterilization.   (a)Ductile iron: L =    SDP        133,200   (b)PVC: L =   ND P         7400 Where "L" is the allowable leakage in gallons per hour, "N" is the number of joints in the length of pipeline being tested, "S" is the length of pipe in feet, "D" is the nominal pipe diameter in inches and "P" is the average test pressure during the leakage test in pounds per square inch gauge. (3)Tests shall be under the direction of the Engineer or his designate. The contractor shall furnish a pressure gauge for measuring the pressure on the water main and shall also furnish a suitable pump, pipes and all appliances, labor, fuel and other appurtenances necessary to make these tests. The test pressure shall be maintained for a sufficient length of time to allow for a thorough examination of leakage where necessary. The pipeline shall be made watertight under the test pressure. B.Disinfecting mains. (1)Water mains shall be disinfected in accordance with AWWA C651-86 prior to being placed into service. For short lengths of main, the contractor may use the tablet method, if conditions so warrant and it is approved by the Engineer and Health Department. Disinfected water must lay in mains for a minimum of 24 hours before being thoroughly flushed for usage. [Amended 1-12-1989 by L.L. No. 2-1989] (2)The contractor shall furnish the necessary labor, equipment and material required for such chlorination. The contractor shall furnish the necessary labor for excavating and backfilling which will be required for the chlorination work. Chlorination by the contractor shall be continued or repeated until tests conducted by the Town Engineer shall indicate an acceptable residual of chlorine is present in the water. (3)Following chlorination, all treated water shall be thoroughly flushed from the newly laid pipe at its extremities until the replacement water throughout its length shall, upon test, both chemically and bacteriologically, be proven equal the water quality served the public from the existing water supply system. § 186-12. Valves. A.Gate valves. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE I, Standards for Installation of Water Mains,  Valves and Hydrants [Adopted 4-10-1975]                     § 186-12. Valves.   (1)All gate valves shall conform to the AWWA Specifications for Water Valves, Designation C500-86, except as herein modified. Gate valves three inches and larger in size shall be equal to Darling AWWA Gage Valves as manufactured by the Darling Valve and Manufacturing Company of Williamsport, Pennsylvania, or to Rensselaer Valve Company, Troy, New York. [Amended 1-12-1989 by L.L. No. 2-1989] (2)All gate valves three inches and larger in size shall be of the iron body bronze mounted, double disc, parallel seat type, with nonrising bronze stem, shall open by turning to the left and shall be operated by nut or handwheel as required. (3)All valves (gate) shall be of the same size as the water main in which they are to be installed. B.Tapping sleeves and valves. (1)Tapping sleeves and valves shall be used for all connections, six inches and larger in size, to any existing main where 10 or more domestic services would be shut off if a T or other connection were to be made. (2)The tapping sleeves shall be properly sized to fit the existing mains to which connections are to be made. (3)The sleeves shall be of the bolted type, of rugged cast-iron construction of ample strength for the service intended, and shall be caulked with lead the full length of the sleeve after attachment to the existing main. The existing pipe shall be thoroughly cleaned prior to installation of the tapping sleeve. (4)Tapping valves shall be not less than one size smaller than the diameter of the existing main to which connection is to be made unless otherwise permitted by the Engineer. (5)The tapping valves shall meet the AWWA Specifications for Gate Valves, except that oversized seat rings shall be provided to permit the use of full-sized cutters through the valve. The valve ends shall be flanged, with flanges plain faced and drilled to ANSI one-hundred-twenty-five-pound standards. The valves shall be nut operated and shall open by turning to the left. Tapping valves shall be installed and open vertically. C.Valve boxes and covers. Valve boxes and covers shall be installed over each vertically set, buried valve and elsewhere as directed. Valve boxes and covers shall be of the adjustable type and shall be equal to standard valve box No. F-2450, of the required length, as manufactured by the Clow Company. Valve box covers shall be of the stay-put type (Claw F-2494) with the word "WATER" cast thereon in raised block capital letters. Base size and extension piece length shall be as required for each individual size and depth of bury. D.Corporation stops. A corporation stop shall be installed at each service connection. Corporation stops shall be as manufactured by the Mueller Company and equal to Grinnell Figure H-1003 with Mueller inlet thread and IP outlet thread one size larger than body. § 186-13. Hydrants. A.Location and number of hydrants shall be approved by the Town Engineer. B.Size and type: (1)All hydrants shall be six inches in size with a six-inch mechanical joint inlet connection, and shall be equal to the Model H100 as manufactured by the A.P. Smith Manufacturing Company, East Orange, New Jersey. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE I, Standards for Installation of Water Mains,  Valves and Hydrants [Adopted 4-10-1975]                     § 186-13. Hydrants.   (2)Each hydrant shall have the name of the maker, the year when made and the size of main valve opening cast upon it in raised letters. (3)Unless otherwise directed by the Town Engineer, each hydrant shall be fitted with one four-and-one-half-inch National Standard thread steamer nozzle and two-and-one-half-inch National Standard thread hose nozzles. The size and thread of all outlets shall meet the standards of the local Fire Department. (4)The main valve shall open by turning in a counterclockwise direction and shall open against the pressure. This valve shall be faced with rubber which shall seat against an accurately machined bronze seat. (5)The top cap of the hydrant shall be provided with a waste or drip to prevent the cap from filling with water. (6)The hydrants shall be provided with automatically operated drainage valves to permit drainage of the hydrant when the main valve is in closed position. (7)The head of the revolving nut or operating nut and nozzle cap nuts shall be of the exact dimensions of those in use in the local water district. (8)The nozzle caps shall be secured to hydrants by means of galvanized or cadmium plated steel chain of not less than one-eighth-inch diameter links. (9)The hydrant bottom, connecting pipe, head, packing dome, date, nozzle cap and umbrella operating nut shall be made of cast iron. (10)All bolts and nuts shall be of the best quality of wrought iron or steel, rustproofed; the heads, nuts and threads shall be of standard size. All joints shall be faced true and smooth so as to make a perfectly watertight joint. (11)All castings, whether of iron or bronze, shall be of uniform thickness in their several parts and shall be sound and smooth, without cold-shuts, sand holes or other defects of any description. All materials shall conform to those standards as required by AWWA Specification C502-85. [Amended 1-12-1989 by L.L. No. 2-1989] C.Cleaning and painting. (1)All iron parts of the hydrant, inside and outside, shall be thoroughly cleaned and, thereafter, all surfaces inside and outside, except the exterior portion above ground line, shall be shop painted with two coats of asphalt varnish conforming to the requirements of Federal Specification TT-V-51A or Army-Navy Specification JAN-P-450. The first coat shall be allowed to dry thoroughly before the second coat is applied. (2)The outside of the hydrant above the finished ground line shall be thoroughly cleaned and thereafter painted in the shop with two coats of paint of a durable and weatherproof composition conforming to Federal Specification TT-P-86A (Type IV). The color or colors of finish paint above the ground line shall be as required by the local Fire Department. D.Hydrostatic test. (1)After completion of fabrication, each hydrant shall be tested at the shop by hydraulic pressure, as follows: a pressure of 300 pounds per square inch shall be applied to the body of the hydrant before the protection case is put on; after the hydrant is assembled complete, with a test elbow, a pressure of 300 pounds per square inch shall be applied below the compression valve, and 200 pounds per square inch above the valve. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE I, Standards for Installation of Water Mains,  Valves and Hydrants [Adopted 4-10-1975]                     § 186-13. Hydrants.   (2)Any hydrant showing a sweating of the metal under any of these tests, or leaking at the valve or stuffing boxes, or showing any other defects shall be rejected. E.Hydrant connection. The connection from the wafer main to the hydrant shall be cast-iron six inches in diameter and shall be provided with a six-inch gate valve and adjustable valve box and cover. F.Installation. Hydrants shall be set plumb on a poured concrete base six inches thick, extending across the full width of the trench and affording buttress support against the end wall of the trench. Weep hole drainage shall be provided by means of one cubic foot of coarse gravel or crushed stone mixture with coarse sand. Hydrant installation shall conform, in all respects, with AWWA Standard C600-87, Sections 11 and 12. [Amended 1-12-1989 by L.L. No. 2-1989] § 186-14. Connections. A.Main connections. All connections with the mains of the Town of East Fishkill shall be made under the supervision of water district employees, at the expense of the owner. The owner shall furnish such labor and do and perform such excavation, sheeting, pumping, etc., as may be directed. The owner shall, before the water is turned on, pay such fees as required in the schedules for the water district. All taps and service connections shall be installed under the supervision of water district employees at the expense of the owner and/or contractors and in trenches to be excavated and backfilled by said owner. A separate tap shall be required for each building served. [Amended 1-12-1989 by L.L. No. 2-1989] B.Building connections. All building connections shall have a check valve installed ahead of the meter. Service lines from the main to house shall be Type K copper having mechanical joints only unless directed by the Town Engineer. [Amended 1-12-1989 by L.L. No. 2-1989] C.Pump house connections. All piping within any pump house shall be installed with threaded connections. Where a connection is to be made at the main line to the distribution station the contractor will be required to install short lengths of pipe and swing joints. § 186-15. Inspections; approval and acceptance by the town. A.Inspection and tests. All material and workmanship shall be subject to inspection, examination and test by the Town Engineer or authorized town representative. The contractor shall submit manufacturer's certifications, standards, fabrications and working drawings as required. Requests for changes in types of materials and specifications must be submitted to the Town Engineer in writing. B.Final inspection. Final inspection and acceptance of the facilities by the town shall be one year after completion of construction. During the probationary period of one year, the contractor is to remedy, at his expense, all defects in the work as may become evident or as may be required by the Town Engineer. ARTICLE II, Water Use [Adopted 4-14-1983 by L.L. No. 2-1983] § 186-16. Purpose.   It is the purpose of this article to establish rules and regulations concerning the taking and using of water furnished and supplied by municipal water districts in the Town of East Fishkill, and to provide enforcement measures for the protection of the continued operation of these systems. § 186-17. Definitions.   As used in this article, the following terms shall have the meanings indicated: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE II, Water Use [Adopted 4-14-1983 by L.L. No. 2- 1983]                     § 186-17. Definitions.   OWNER or CONSUMER -- The owner or owners of the premises supplied or furnished with water. SERVICE PIPE or SERVICE MAIN -- The pipe and attachments of every kind and nature thereto connecting the street main with the house or building piping. SUPERINTENDENT OF HIGHWAYS -- The Superintendent of Highways of the Town of East Fishkill. WATER DEPARTMENT -- That department or agency of the town which is authorized by the Town Board to operate, maintain and in general terms manage the water system(s) of the municipality. WATER MAIN or STREET MAIN -- The pipe, attachments and appurtenances of every kind and nature conveying water along the streets of the town. § 186-18. Application. A.This article shall apply to all municipal water districts in the Town of East Fishkill, and shall govern the taking and use of any water furnished and supplied by said district. B.The Town Board may, from time to time, enact further regulations to govern any or all municipal water districts in the Town of East Fishkill, by resolution, ordinance or local law. C.Every owner taking water or permitting water to be taken for use on premises of such owner shall be bound by these rules and regulations and by such other rules and regulations as may hereinafter be established by law. § 186-19. District and owner responsibility. A.The district shall be responsible for the operation and maintenance of the district wells, water mains and street mains. B.The individual property owner shall be responsible for the maintenance and repair of the service pipes or service mains, and all fixtures connected therewith, from the building to the curb stop, and shall keep them in good repair at his own expense, and prevent all unnecessary waste of water. When an owner is notified by the district that a repair under this section is necessary, such repair shall be made by the owner within five days of service of such notice. Upon failure to comply with this rule, the district may enter the property and make such repairs, and charge them to the owner, as provided in Subsection F. Upon failure to comply with this rule, the district may also disconnect the water supply as provided in § 186-34. C.If repairs to the service main or its appurtenances and fixtures becomes necessary, the repair and the cost of such repair will be made at the expense of the water district if the defect is located between the street main and the curb stop. If the defect is between the curb stop and the building, the repair and full cost of the repair shall be the responsibility of the owner of the premises. D.The owner shall have the responsibility of reporting any defect in a water meter to the Water Department immediately. The district shall repair and maintain water meters, when necessary, except that when the Water Department determines that the repairs have been necessitated by negligence or tampering by the owner, the cost of repair shall be charged to the owner. E.The owner shall have the responsibility of duly paying any water rents or other fees and charges established and assessed by the district. Continued provision of water to premises is specifically conditioned upon prompt payment of these duly imposed charges. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE II, Water Use [Adopted 4-14-1983 by L.L. No. 2- 1983]                     § 186-19. District and owner responsibility.   F.Whenever repair services are performed by the district and determined to be the responsibility of an owner pursuant to this section, a bill for the expense thereof shall be remitted to the owner. Such repair bill shall be payable within 30 days of the date of issuance. Any failure to pay such repair bills shall be dealt with in the same manner as delinquent water rates as provided in § 186-32. § 186-20. Limits on water usage. A.The water district reserves the right to shut off the water in the mains at any time for the purpose of making repairs or extensions or for other necessary purposes and will, where possible, give due notice, except in cases of breaks and emergencies. The water district will not be responsible for any damages resulting directly or indirectly from any interruption of the water supply. In cases where boilers or other appliances in a premises depend upon the pressure in the service line to keep them supplied with water, the owner or occupant shall place suitable safety devices to guard against the possibility of collapse or explosion when the water supply is interrupted. Likewise such owner or occupant shall protect water-cooled compressors for refrigeration systems by means of high-pressure safety cutout devices and shall provide means for the prevention of the transmission of water hammer or noise of operation of any valve or appliance through his piping to any adjacent premises. Failure of the owner or occupant to provide such safety devices shall in no way make the district responsible for any damage. B.The water district may, in times of water shortage or emergency, limit the amount of public water supply to each owner or building. The Town Board shall determine when such a water shortage or emergency exists, by resolution. In case of such emergency or water shortage, notice of the finding of the emergency, and the restrictions imposed by the Town Board shall be given by posting same on the Town Clerk's bulletin board, and by mail, telephone, or delivery of printed notices, to the properties within the district. Any person failing to comply with the conditions or restrictions imposed upon a finding of water shortage or emergency shall be guilty of an offense against this article, punishable as provided in § 186-34. C.The town and/or water district shall not be liable for any damage resulting from leaks, broken pipes or from any other cause, occurring to or within or without any house or building, and it is expressly stipulated by and between the water district and the consumer that no claim shall be made against said town and/or water district on account of the bursting or breaking of any main or service pipe or any attachment to said waterworks. D.The town and/or water district shall not be liable for any deficiency or failure in the supply when occasioned by shutting off water to make repairs or connections or by failure from any cause beyond control. E.The water district reserves the right to restrict the supply of water whenever the public welfare may require it, as the water district may determine. The Town and the water district make no guaranty as to the amount or consistency of pressure or volume of the water it furnishes and will not under any circumstances be responsible for any loss or damage from excess, deficiency or variation in the pressure, volume or supply of water or for loss or damage caused by water escaping from or obstructions in a service line due to frost or any other cause or for any loss or damage as a result of water escaping from laterals, fixtures, appliances or pipes owned by consumers. § 186-21. Cross connections with nonpotable water supplies. A.If an owner has any source of water other than from the municipal public water system, such source will be considered nonpotable. Before making any service connection between the municipal public water supply and a consumer's premises, it is required that all connections between individual wells or other outside sources of water supply physically be disconnected from the consumer's plumbing fixtures, which are connected to the municipal potable water supply. B.All owners of property within the confines of a municipal water district shall not use nonpotable water as a source of water supply for any purpose. Nonpotable water is defined as any source of water other than from a municipally owned water system. § 186-22. Service outside water district area.   No water main shall be tapped for, nor any main extended, outside the boundaries of any water district. Any person violating this section shall be guilty of an offense against this article punishable as provided in § 186-34. § 186-23. Obstruction of fixtures.   No person shall obstruct access to any fire hydrant, stop cock or curb box connected with the water mains or service mains or pipes in any street. A violation of this provision shall be an offense against this article punishable as provided in § 186-34. § 186-24. Opening of streets; permits. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE II, Water Use [Adopted 4-14-1983 by L.L. No. 2- 1983]                     § 186-24. Opening of streets; permits.   A.No street, sidewalk or other public ground shall be opened, for the purpose of laying or repairing or performing any work connected with a water pipe or service pipe, unless a permit is obtained from the Town Superintendent of Highways and the Town Board. Any such permit shall provide for the inspection of construction by the Town Highway Superintendent, the Town Engineer and the Town Water Department. The fee for such permit shall be set from time to time by the Town Board by resolution. B.Before any permit shall be granted, such owner shall file a bond in the office of the Town Clerk in an amount to be set by the Town Board, not less than $10,000, properly conditioned to indemnify the Town of East Fishkill against any loss which the town may sustain by reason of the negligence of such owner or his agent, or other failure to comply with these rules. Such bond shall be approved by the Town Board as to form and sufficiency prior to granting any permit. C.All persons performing any street opening pursuant to a permit issued by the Town Board shall duly regard public safety and convenience. Any excavation shall be adequately guarded and properly lighted at night to warn and protect the public. § 186-25. Connection with mains.   No person shall tap any street main or make any connection or disconnection therewith or otherwise connect or disconnect water service, except upon permission of the Water Department. All tapping of mains shall be performed by the Town Water Department, or its duly authorized agents. The fee for such tapping shall be set from time to time by the Town Board by resolution. If any unauthorized connection is made, it shall be sufficient cause for shutting off that water connection without notice. § 186-26. Service mains. A.No person shall lay any service main or make any attachment, alteration or repair thereto except by permission by the Town Water Department. Such application for a permit shall authorize the Town Water Department to inspect and examine the pipes and materials which have been installed or the repairs performed. The fee for such permit shall be set from time to time by the Town Board by resolution. B.Service main requirements and specifications: (1)There shall be no tap, provision for tap, plugged tee or other such fitting in the service main between the street main and the meter inside the building. Any yard hydrant, fountain or hose must be connected on the discharge side of the meter. (2)All service pipe shall be of the best grade and weight standard type "K" copper tubing for sizes through two inches meeting AWWA Specification 7S-CR. Service pipe over two inches shall be ductile iron meeting AWWA Specifications C 151-65. All pipe shall be rated for service of 150 psi or greater. No service shall be less than 3/4 inch. (3)Service pipe shall be laid not less than 41/2 feet below the surface of grade and its vertical and horizontal alignment in relation to any sewer or other parallel pipe shall conform to Health Department Standards and to the requirements of the Town Sewer Ordinance EN and other town local laws. (4)Only one property or property unit shall be supplied through a single service pipe. (5)Every service main shall have a cock or other approved valved tap in the main, an inverted key stop cock, or other approved valve with a metal protecting box, at the curb or property line and a gate valve or other approved valve just before the meter. It shall be the duty and responsibility of the property owner to keep the curb box in good repair, above ground, and accessible at all times. (6)Any variation from these specifications must be approved in writing by the Town Board prior to installation. C.No person shall open or close any valve on the street main or service main or any cocks in any curb box, or molest or interfere with same in any way whatsoever, except when acting by specific permission of the Water Department. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE II, Water Use [Adopted 4-14-1983 by L.L. No. 2- 1983]                     § 186-26. Service mains.   D.The entire expense, both in labor and materials, of installing the service from the curb stop at the street line to the gate valve at the meter, shall be borne by the owner of the premises. In districts where service pipe from the street main to the curb stop at the property line has not been provided, the entire expense of labor and materials of installing the service from the corporation cock in the main to the gate valve at the meter shall be borne by the owner of the premises and the street surface and walks, and other surface elements shall be replaced after the construction at the property owner's expense. § 186-27. Voluntary disconnection of service; application for new service. A.When a property within a water district is to be sold, the seller may give notice to the Town Water Department, at least 10 days prior to the closing, to obtain an accurate water reading as of the date of the closing. B.Water service billing records shall be changed into the name of the purchaser as of the date of the closing, without any disconnection of service, upon proper filing of an application for water service filed by the purchaser with the town. Such application shall be signed by the purchaser and be upon a form subscribed by the Water Department. C.It shall be the responsibility of all owners selling property within the district to notify the Town Water Department of the date of any change in ownership at least 10 days prior to the sale of the property. D.Unless the Town Water Department receives an application for water service by the new owner on or before the date of the closing, the Water Department shall have the authority to disconnect the water supply as of that date. E.Any new connections of water service shall be made upon the proper filing of an application therefor and with payment of the connection fee to be set, from time to time, by the Town Board by resolution. F.No person shall turn on any water service nor shut off any water service except with the permission of the Town Water Department. § 186-28. Water charges. A.All water used in and upon premises shall be charged to the owner of the property. The amount consumed shall be metered, estimated or otherwise charged by the Town Board. B.All water bills shall be the responsibility of the property owner. If requested in writing by the owner, the Town Board may consent to send water bills and notices to agents or tenants in the owner's name, but the town shall do so only upon written acknowledgment by the owner of the owner's responsibility for the payment of all water rents, charges and penalties. § 186-29. Special provisions applying to districts with water meters. A.In all districts having water meters, all water service shall be supplied through a meter, and, except as otherwise provided herein, all meters are the property of the Water District. No person shall in any way interfere or tamper with the water meter or the valves and fittings connected therewith, or in any manner distort or attempt to distort the accurate operation of the meter, nor shall such person in any manner obtain, or attempt to obtain water otherwise than through the meter. B.Only one meter shall be set in any service main. If more than one meter is desired or required for a building or premises, a separate service main must be run to the street main for each and every additional meter. However, the Town Board shall have the right to issue a temporary special permit to allow more than one meter on any one service main. Such special permit shall have a maximum term of six months, and may be revoked by the Town Board at any time. The fee for such permit shall be set from time to time by the Town Board by resolution. C.No meter shall be installed or connected to the water system without a permit from the Water Department. All water meters of one inch size or less shall be procured from the Water Department and shall be the property of the town water district servicing the area. Owners may apply to the Water Department for permission to install larger meters. If approved, these larger meters shall be provided by and at the expense of the owner of the premises requiring the meter and shall be of the size and type acceptable to the Water Department. Notwithstanding the provisions of § 186-19D, all repair costs on such larger meters shall be charged to the owner of the premises. All meters shall be set at the expense of the property owner in such location, position and manner as to be readily accessible for reading and repair. Each owner shall keep the meter free from any obstruction whatsoever and fully protected from freezing and damage, and shall provide clear access for meter reading by the district. Any damage to a meter caused by the negligence or other act of the property owner shall be repaired at the property owner's expense. All meters and any other equipment accessory to the meters shall be under the exclusive control of the water district and subject to inspection at all times by the Water Department or other agent of the Town Board. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE II, Water Use [Adopted 4-14-1983 by L.L. No. 2- 1983]                     § 186-29.  Special provisions applying to districts with water meters.   D.All water passing through meters will be charged for, whether used or wasted. Owners shall report any defect in a water meter as soon as it is discovered. Meters will be tested at the owner's request. However, if the meter is found to be accurate, the consumer shall bear the expense of the test. Meters will be considered accurate if registering within 2% of actual usage. The Water Department shall also have the authority to authorize the testing of any meter for accuracy. If a meter of size greater than one inch is found to be inaccurate, the owner shall, upon written notification by the Water Department, have the meter repaired within 20 days of the notice, at the owner's expense. If a meter is out of order and fails to register correctly, the consumer shall be charged on the basis of average daily consumption as shown by the meter when in accurate working condition. E.All meters shall be sealed. The seal may be broken only by an authorized agent of the Town Board. Should the seal be broken in any other manner, the property owner will be held responsible and the Town Board reserves the right to order the meter removed for tests at the expense of the property owner. F.The water district, inspector, meter reader or other properly authorized representative shall have access at all reasonable hours to the premises supplied for the purpose of setting, reading, repairing or removing meters or for making necessary inspections. § 186-30. Water rates. A.In districts without meters, the Town Board shall set the charges for water use according to a formula to be established for each district by resolution. B.In districts with meters, the Town Board shall set the water rate to be applied based upon quantity of water used. C.All such water rates, for districts with or without meters, shall be set and reviewed by the Town Board at least once a year. The Town Board shall have authority to modify the water rates during the year when required in order to raise the necessary funds for operation and maintenance of the district. D.The Town Board shall also, for all districts, set a minimum water rate by resolution which shall be payable even though no water is consumed within a billing period. E.Water rates, when collected, shall be applied, first, toward the maintenance, operation, enlargement or improvement of the water system, and second, for the payment of principal and interest on bonds issued for the purpose of such district. § 186-31. Imposition and computation of water rates. A.All water rates shall be payable quarterly, unless the Town Board by resolution determines that such rates shall be payable at greater or lesser frequency. In districts with meters, quarterly charges shall be determined by a water meter reading made some time within 30 days prior to the billing date. In the event that the Town Board or its agent may not obtain access to a meter for accurate reading, the Board will have the right to estimate the bill based upon prior usage. B.The owner shall be obligated to pay the minimum water charge set by resolution of the Town Board regardless of the actual consumption of water. § 186-32. Payment and enforcement of water rates. A.All water bills for water rates and repairs shall be due and payable within 30 days of the billing date. After 30 days, a penalty equal to 10% of the amount remaining due shall be added to said bill. When a bill remains unpaid for 30 days, the Town Water Department shall send a notice to the customer that unless the bill is paid in 30 days, the water service will be disconnected without further notice. Any customer whose water bill is not paid after 60 days from the billing date shall have their service disconnected, pursuant to such notice. After such disconnection for delinquency, service shall be restored only upon payment of a reconnection fee to be set by the Town Board by resolution. B.The payment of water rents must include all arrears and charges, including repair costs charged, to date of billing. No partial payment will be received which leaves a previous charge unpaid. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE II, Water Use [Adopted 4-14-1983 by L.L. No. 2- 1983]                     § 186-32. Payment and enforcement of water rates.   C.All water charges shall constitute a lien upon the real property served by the water system of the district and such lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment, water rate, sewer rent or other lawful charges imposed by the town. D.All other lawful charges in connection with the water system and any and all penalties for the violations of any rules and regulations adopted for such water district, if not promptly paid, shall likewise constitute a lien upon the real property and premises in the same manner as unpaid water rents. E.All water rents, penalties and other lawful charges remaining due and unpaid at the time of the annual tax roll of the water district is compiled shall be included therein and levied against the real property on which the water shall have been used, and shall be collected with and in the same manner as other town taxes with the additional fees, charges and penalties incident to the collection of such taxes. § 186-33. Fees.   The Town Board shall, from time to time, act by resolution to set fees for the following items: A.Street opening permits as provided for in § 186-24A. B.Fee for tapping into main as provided in § 186-25. C.Service main permit for installation and repair as provided in § 186-30. D.New connection of water service fee as provided in § 186-27E. E.Reconnection of water service after disconnection for delinquency, or other failure to comply with rules. F.Special permits to allow more than one meter on any one service main as provided for in § 186-29B. G.Fee for permit to install meter as provided in § 186-29. § 186-34. Enforcement. A.Pursuant to §§ 135 and 198, Subdivision 3(c), of the Town Law, a violation of any of the provisions of this article is hereby declared to be a violation, punishable by a fine for each violation not exceeding $250, or imprisonment for a period not to exceed 15 months, or both. Each day said violation continues shall constitute a separate violation. The proper local authorities of the town, in addition to other remedies, may institute any appropriate action or proceeding to prevent unlawful violation of these rules and regulations to restrain, correct or abate such violation or to prevent any illegal action, conduct or use in or about said water district. B.In case of any violation of this article, the Water Department may shut off the supply upon 24 hours' notice, and water shall not be turned on again until the rules are complied with and all unpaid charges and rents are paid, together with a reconnection fee to be set by the Town Board, from time to time, by resolution. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE II, Water Use [Adopted 4-14-1983 by L.L. No. 2- 1983]                     § 186-35. Method of service of notice.   § 186-35. Method of service of notice. A.Service of any notice, provided for in this article, may be upon the owner or consumer personally or by leaving the same at the premises where water is supplied or by sending the same by mail to such party at the last known address. B.Service of any notice to the Town Board or water district shall be by delivery to the Town Clerk. § 186-36. Reservation.   The Town Board reserves the right to change, modify, supplement or amend these rules and regulations from time to time. The right is also reserved to make such additional rules and regulations which the Town Board deems best to regulate the water supply and the proper and efficient administration of the town water districts and to make contracts for the use of water in special cases.   Chapter 194, ZONING [HISTORY: Adopted by the Town Board of the Town of East Fishkill 8-8-1974 as Ch. 67 of the 1974 Code. Amendments noted where applicable.] Part 1, General Provisions ARTICLE I, Purposes § 194-1. Purposes enumerated.   There is hereby established a comprehensive zoning plan for the Town of East Fishkill, New York, which plan is set forth in the text, map and schedules which constitute this chapter. This plan is adopted, pursuant to Article 16, Chapter 61 of the Consolidated Laws of the State of New York, EN for the purpose of promoting the health, safety, morals and general welfare of the community in the following respects: A.To guide the future growth and development of an integrated town in accordance with the future land use plan by establishing population densities that will reflect a beneficial influence, considering the most appropriate use of land relative to population trends, existing land use, topographical features, soil types, economic activity and building development and recognizing such conditions and trends both within the town and in surrounding areas. B.To secure safety from fire, flood, panic and other dangers; provide adequate light and air; prevent overcrowding of the land; and avoid undue concentration of population. C.To conserve the value of land and buildings in accordance with the character of the district and its peculiar suitability for particular uses; protect the economic stability of the entire town; and provide for orderly and beneficial growth commensurate with the availability and capacity of public facilities and services. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 1, General Provisions                 ARTICLE I, Purposes                     § 194-1. Purposes enumerated.   D.To establish the most beneficial relationship between land use, buildings and the circulation of traffic throughout the town, with particular regard to the lessening of congestion, the safe and efficient movement of vehicles and pedestrians, the provision of adequate parking facilities and convenient access appropriate to the respective use. E.To guide public policy so as to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and guide private enterprise in building development, investment and other economic activity relating to land use and buildings. F.To safeguard the natural resources; prevent the contamination of wells, streams and ponds; and preserve the integrity, stability and beauty of the community. G.To assure privacy for residences and freedom from nuisances and harmful, unsightly uses; and protect the community against unsightly, obtrusive and noisome land uses and operations. ARTICLE II, Definitions and Word Usage § 194-2. Word usage.   Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future; the plural includes the singular; the word "lot" includes the word "plot" or "parcel"; the word "building" includes the word "structure"; the word "shall" is intended to be mandatory; the word "may" is permissive; the word "person" includes a corporation as well as an individual; the word "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied." § 194-3. Definitions.   As used in this chapter, the following terms shall have the meanings indicated: ACH RESIDENT -- A person who is unable to live independently and is housed in a facility designed and approved for his/her specific needs. [Added 3-28-1985 by L.L. No. 3-1985] ADVERTISING SIGN (BILLBOARD) -- A sign or a structure which directs attention to an idea, product, business activity, service or entertainment which is conducted, sold or offered elsewhere than upon the lot on which such sign is situated. AFFORDABLE HOUSING UNIT (also called "DWELLING UNIT, AFFORDABLE")  -- A dwelling unit, the rental or sales price of which does not exceed the maximum allowable level established by § 194-164D, constructed for low/moderate-income households pursuant to Article XXIII. [Added 11-14-2002 by L.L. No. 3-2002]   ALTERATIONS -- As applied to a building, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another. ALTERNATIVE CARE HOUSING -- A facility designed for those persons who are unable to live independently at a particular time. Alternative care housing (ACH) facilities include, but are not limited to, community residences, supervised living facilities, supportive living facilities, family care homes, private property homes for adults, proprietary homes for adults, proprietary residences for adults, boardinghouses and rooming houses, nursing homes, domiciliary care facilities, residential schools for the developmentally disabled and other like facilities as determined by the Planning Board. Alternative care housing does not include "hospital." [Added 3-28-1985 by L.L. No. 3-1985] ARCHITECTURAL FEATURES -- The exterior architectural characteristics of a building or structure, including building form, facade design and roof design, color, texture, material, inclusion or exclusion of architectural elements and the shape of the building footprint. [Added 4-24-1997 by L.L. No. 3-1997] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 1, General Provisions                 ARTICLE II, Definitions and Word Usage                     § 194-3. Definitions.   AREA, BUILDING -- The total of areas, taken on a horizontal plane at the main grade level, of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. AUTOMOBILE SERVICE FACILITY (FORMERLY CALLED "GARAGE") -- A facility principally used for the routine maintenance of motor vehicles, excluding large trucks and tractor trailers, including activities such as engine diagnostics, tuneups, changes of fluids, filters and belts, tire and shock replacement, brake and muffler repair, vehicle cleaning (detailing), engine and transmission repair and replacement, chassis and suspension repair. "Automotive service facility" shall not include body work, vehicle painting, repair of trucks with a wheel base (distance from axle to axle) in excess of 15 feet or vehicles with more than two axles, and shall not be construed to include either self-service or mechanized car or truck washes. Permitted accessory uses in an automobile service facility may include sale of parts, tires, oil or similar items as determined by the Zoning Board of Appeals, but shall not include car or truck washes or the sale of food, convenience items or gasoline. [Added 3-27-1997 by L.L. No. 2-1997] BASEMENT -- A story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story where more than 1/2 of its height is above the average level of the adjoining ground. BED-AND-BREAKFAST -- A private residence with not more than 12 rooms for rent to transient guests. It might serve breakfast but does not have a sit-down restaurant for serving meals. [Added 6-12-1986 by L.L. No. 4-1986] BOARDINGHOUSE -- A building or portion thereof, other than a hotel, where lodging and meals are provided to three or more persons individually or as families, for compensation. BUILDABLE AREA  -- The contiguous area of a lot, after deducting all environmentally sensitive lands. [Added 11-14-2002 by L.L. No. 2-2002]   BUILDING -- A structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels. When separated by a party wall, each portion of such building shall be deemed a separate building. BUILDING, ACCESSORY -- A subordinate building, the use of which is customarily incidental to that of the main building on the same lot. BUILDING HEIGHT -- The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs. BUILDING LINE -- The closed traverse upon a lot which exactly encloses the exterior limits of a building. BUILDING, MAIN -- A building in which is conducted the principal use of the lot on which it is located. BULK -- A term used to describe the size, volume, area and shape of buildings and structures and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures or other walls of the same building, and all open spaces required in connection with a building, other structure or tract of land. CAMP -- Any one or more of the following, other than a hotel, motel, tourist home, hospital, place of detention or school offering general instruction: A.Type 1. Any area of land or land and water on which are located two or more cabins, tents, shelters or other accommodations of a design or character suitable for seasonal or other accommodations of a design or character suitable for seasonal or other more or less temporary living purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise. B.Type 2. Any area of land, including any building thereon, used for any assembly of persons for what is commonly known as "day camp" purposes; and any of the foregoing establishments whether or not occupied by adults or by children, either as individuals, families or groups. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 1, General Provisions                 ARTICLE II, Definitions and Word Usage                     § 194-3. Definitions.   CAR WASH -- A building, the use of which is devoted to the washing of automobiles, including but not limited to one of the following types: A.Conveyor type. A car wash facility where automobiles progress through the washing process pulled by a conveyor or by some other means than their own power. B.Drive-through type. A car wash facility where automobiles are driven through the washing process under their own power. C.Self-service type. A car wash facility where automobiles are washed by the driver of the automobile using machinery provided by the management of the facility. CLINIC -- An ambulatory health care facility where patients are admitted for examination, diagnosis and treatment on an outpatient basis by one or more physicians, dentists or other medical personnel, and where patients are not lodged overnight. [Added 4-13-1995 by L.L. No. 2-1995] CLUB, MEMBERSHIP -- A corporate or noncorporate organization catering exclusively to members and their guests for recreational, athletic or social purposes and not conducted primarily for gain. CLUSTER SUBDIVISION or CLUSTER DEVELOPMENT  -- A subdivision plat or plats, approved pursuant to Town Law § 278 and the provisions of the Town of East Fishkill Code, in which the Zoning Law is modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines, and other infrastructure, parks, and landscaping in order to preserve the natural and scenic qualities of open lands. [Added 11-14-2002 by L.L. No. 7-2002]  COLLOCATION -- The placement of a commercial communication antenna on an existing tower or other permissible structure, usually owned by another entity. The types of structures eligible for collocation are set forth in this chapter. [Added 6-11-1998 by L.L. No. 5-1998] COMMERCIAL COMMUNICATIONS TOWER -- Any lattice structure, framework, pole, monopole, spire or similar structure, or combination thereof, taller than 15 feet if ground mounted or taller than 11 feet if mounted on a building or other tall structure, intended primarily for the purpose of mounting one or more commercial communication antenna installations above grade for the purpose of receiving or transmitting signals for the purpose of communications. Such tower shall be deemed to include supporting lines, cables, wires, braces and masts. A commercial communications tower includes a tower duly approved under former § 194-76 of this chapter, although modifications to such a tower require approval under this law EN as provided herein. [Added 6-11-1998 by L.L. No. 5-1998] COMMUNICATION ANTENNA INSTALLATION -- An antenna structure or device used for the purpose of providing commercial communication services, including ancillary structures and equipment necessary for their operation and use (including, for example, electrical equipment, computer equipment structures housing such equipment, cabling and related improvements). [Added 6-11-1998 by L.L. No. 5-1998] COMMUNICATIONS FACILITY -- A term intended to include all of the various facilities which provide communication services, including tower, antenna and any accessory structures or equipment designed and constructed for use by a commercial provider of such services. [Added 6-11-1998 by L.L. No. 5-1998] COMMUNITY RESIDENCE -- A dwelling providing room and board, recreation and rehabilitative services for the mentally disabled under responsible supervision. See also "alternative care housing." [Added 3-28-1985 by L.L. No. 3-1985] CONVALESCENT HOME or NURSING HOME -- Any establishment where three or more persons suffering from, afflicted with or convalescing from any infirmity, disease or ailment are habitually kept, boarded or housed for remuneration, other than municipal or incorporated hospitals, or establishments for the care of the mentally ill. See also "alternative care housing." [Added 3-28-1985 by L.L. No. 3-1985] COVERAGE -- That percentage of the plot or lot area covered by buildings, including accessory buildings. DAY-CARE CENTER -- An institution or commercial establishment providing daily care and/or instruction to more than six children under six years of age. [Added 6-12-1986 by L.L. No. 3-1986] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 1, General Provisions                 ARTICLE II, Definitions and Word Usage                     § 194-3. Definitions.   DAY-CARE FACILITIES -- Includes day-care center and family day-care home. [Added 6-12-1986 by L.L. No. 3-1986] DAY-CARE HOME -- See "family day-care home." [Added 6-12-1986 by L.L. No. 3-1986] DWELLING -- A building used exclusively as living quarters. The term shall not be deemed to include motel, hotel, rooming house or tourist home. DWELLING, MULTIFAMILY  -- A building containing three or more dwelling units, of which at least one unit is located over another. [Added 11-14-2002 by L.L. No. 6-2002]   DWELLING UNIT -- A building or portion thereof providing complete housekeeping facilities for one family. DWELLING UNIT, AFFORDABLE (also called "AFFORDABLE HOUSING UNIT")  -- A dwelling unit, the rental or sales price of which does not exceed the maximum allowable level established by § 194-164D, constructed for low/moderate-income households pursuant to Article XXIII. [Added 11-14-2002 by L.L. No. 3-2002]   DWELLING UNIT, ATTACHED -- A dwelling unit having common walls with two or more other dwelling units. In cluster subdivisions, attached unit structures shall not exceed four units. [Added 3-28-1985 by L.L. No. 6-1985] DWELLING UNIT, SEMIDETACHED -- A dwelling unit which has a common wall, floor or ceiling with only one other dwelling unit. [Added 3-28-1985 by L.L. No. 6-1985] ENVIRONMENTALLY SENSITIVE LANDS  -- Lands wherein defined as one-hundred-year floodplains, steep slopes, or wetlands. [Added 11-14-2002 by L.L. No. 2-2002]  FAMILY -- One or more persons occupying a dwelling unit and living as a single housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond. FAMILY DAY-CARE HOME -- A private residence where a certified provider provides daily care services for up to six children under six years of age. [Added 6-12-1986 by L.L. No. 3-1986] FARM, FARM USE, CUSTOMARY AGRICULTURAL OPERATION -- A parcel, or group of parcels, used for gain in producing agricultural or horticultural commodities, including livestock, dairy, or poultry farms on sites of at least 10 acres, and fruit, vegetable, field crop farms, orchards, and nurseries on sites of at least five acres. The term "farm" shall not be construed to include gardens accessory to a residential use, riding academies, livery or boarding stables, animal kennels, or the breeding, raising or maintaining of hogs or fur-bearing animals. Customary agricultural operations accessory to the operation of a farm shall include the conducting of usual farm activities and the accessory processing of agricultural products, not including mineral or earth products, of the farm on which such agricultural processing is conducted. [Amended 9-26-2000 by L.L. No. 5-2000] FILLING STATION -- Any area of land, including buildings and other structures thereon, that is used to dispense motor vehicle fuels, oils and accessories at retail, where repair service is incidental and no storage or parking space is offered for rent. It shall not include the operation of a body shop or a car wash or heavy automotive repair work. FLAG LOT  -- A lot which has its buildable area (the so-called "flag") located behind another lot, either existing or proposed, and which derives access by means of a narrow strip of land (sometimes referred to as "the flagpole") which has frontage on a street. A flag lot allows the potential for the creation of two lots, one generally behind the other, which derive access from the same street. [Added 11-14-2002 by L.L. No. 9-2002]   FLOODWAY  -- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 108-5B of the Code of the Town of East Fishkill. [Added 11-14-2002 by L.L. No. 2-2002]   _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 1, General Provisions                 ARTICLE II, Definitions and Word Usage                     § 194-3. Definitions.   FLOOR AREA OF A BUILDING  -- The sum of the gross horizontal areas of the floors of the stories of a building measured to the exterior of the outside wall, but excluding cellar, basement, up to 400 square feet of attached or detached garage space, terraces, breezeways, open spaces and open porch floors. [Amended 11-14-2002 by L.L. No. 9-2002; 11-14-2002 by L.L. No. 11-2002]   FLOOR AREA RATIO  -- The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet. [Added 11-14-2002 by L.L. No. 9-2002; 11-14-2002 by L.L. No. 11-2002]   FRONTAGE -- That dimension of a plot measured along the front street line. FRONT YARD SETBACK LINE -- A line parallel to the front lot line and at a distance therefrom equal to the minimum front yard dimension for the district in which located. GARAGE, PRIVATE -- An accessory building or part of a main building used only for the storage of motor vehicles as an accessory use. GASOLINE FILLING STATION -- A facility primarily engaged in the retail sale, direct to the motorist, of motor vehicle fuels. Permitted accessory uses may include an automobile service facility, a car wash, and sale of oil, vehicle fluids, food and other convenience items. [Added 3-27-1997 by L.L. No. 2-1997] HEALTH SERVICES -- This term includes health care facilities, as well as establishments providing support to the medical and dental professions and patients, such as medical and dental laboratories, blood banks, oxygen and miscellaneous types of medical supplies and services. [Added 4-13-1995 by L.L. No. 2-1995] HOME OCCUPATION -- Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. The conducting of a clinic, hospital, mortuary or any similar use shall not be deemed to be a home occupation. HOSPITAL  -- Unless otherwise specified, the term "hospital" shall be deemed to include sanitarium and any other place for the diagnosis, treatment or other care of human ailments. The term shall not include a rest home, medical clinic, nursing home, convalescent home, alternative care housing or specialized care facilities designed to treat human ailments, including those for epileptic, drug addiction or alcohol addiction patients or those suffering from psychological disorders. See also "alternative care housing." [Amended 3-28-1985 by L.L. No. 3-1985; 6-14-2001 by L.L. No. 3-2001] HOTEL -- A building or any part thereof containing rooms which are provided or offered for sleeping purposes to transient guests for compensation and where only a general kitchen and dining room are provided within the building or in any accessory building. EN INDOOR RECREATION -- Sports or gymnasium uses undertaken entirely within a building, including team or individual sports and related health and exercise facilities. Video parlors, computer gaming facilities, movie theaters and bars do not constitute indoor recreation facilities. However, an indoor recreation use may be accompanied by customary accessory uses, which may include food service facilities, meeting room or banquet facilities, serving of alcoholic beverages, video or computer game facilities, video theater facilities, sales of sport or exercise-related equipment or clothing and other customary accessory uses. [Added 6-23-1994 by L.L. No. 3-1994; amended 10-27-1994 by L.L. No. 8-1994] KENNEL (COMMERCIAL) -- An establishment for the treatment, care, boarding or breeding of dogs or cats or similar animals or birdlife (excluding poultry) for a fee. [Added 3-28-1985 by L.L. No. 5-1985] LAND EXCAVATION AND FILLING [Added 9-26-2000 by L.L. No. 11-2000] -- The excavation or extraction of earth, sand, gravel, stone, quarry material, clay, loam, humus, topsoil, or other earth material from a lot, and removal thereof from that lot; or the bringing to a lot, for filling or regrading at that lot, of earth, sand, gravel, stone, quarry material, clay, loam, humus, topsoil, or other earth material from another lot; or any temporary storage of such materials, by stockpiling, if permitted; or any processing of excavated or stockpiled materials, if permitted; or any of the related land use activities engaged in during the above activities, such as construction of buildings, barriers, and other structures, clearing of property, removal or placement of trees, vegetation, and earth material. The following activities do not constitute land excavation and filling, provided that they meet the supplemental use regulations in § 194-75: A.The regrading or movement of earth material within the boundaries of a single lot, provided that no earth material is removed from the lot and no earth material is brought to the lot from elsewhere; and that no stockpiling or processing of earth material takes place; and that the earth material so moved is promptly revegetated. B.The movement of earth material to or from or within existing or proposed road rights-of-way, or grading easements along such rights-of-way, for the installation of roads; or within the boundaries of a single lot, for the installation of a parking lot pursuant to an approved site plan; provided that no processing takes place. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 1, General Provisions                 ARTICLE II, Definitions and Word Usage                     § 194-3. Definitions.   C.The placement of fill for a septic system approved by the Dutchess County Health Department in amounts as authorized by the approved plans. D.In R-1 and R-2 Zones, in connection with the construction and development of a subdivision, the excavation and removal from, or delivery to the property for use thereon, earth materials of a total quantity that does not exceed the smaller of the following: (1)A total amount of 10,000 tons or 7,500 cubic yards (whichever is less); or (2)The number of tons or cubic yards computed by multiplying the total number of lots to be created by the subdivision times the amount of 500 tons or 375 cubic yards per lot (whichever is less). E.In connection with the construction and development of a site plan, the excavation and removal from, or delivery to the property for use thereon, earth materials of a total quantity that does not exceed 500 tons or 375 cubic yards, whichever is less, in accordance with § 194-75. LANDSCAPE BUFFER -- An area of open space that is appropriately planted with trees or other vegetation to screen views or enhance the aesthetics of a property. [Added 8-24-1993 by L.L. No. 4-1993] LARGE-SCALE PLANNED RECREATIONAL DEVELOPMENT -- A tract of land of 50 acres or more which is developed as a recreational unit with a grouping of related buildings and uses, together with their accessory buildings and all appurtenant roadways, parking areas, loading spaces, service buildings and facilities. LOT -- A parcel of land occupied or capable of being occupied by one building or use and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter. LOT DEPTH  -- The distance between the front and rear lot lines measured at right angles thereto at the midpoint between the two side lot lines. For the purposes of measuring lot depth for a flag lot (see definition), the front lot line shall be considered that lot line (excluding the lot line along the street) which is closest and most parallel to the street right-of-way line. The front lot line shall be deemed to include an extension across the "flag pole." [Amended 11-14-2002 by L.L. No. 9-2002]   LOT, FLAG  -- See "flag lot." [Added 11-14-2002 by L.L. No. 9-2002]   LOT WIDTH  -- The distance between the side lot lines measured at right angles to the lot depth (see definition), along a line which is parallel to the street between the front and rear lot lines. For the purposes of measuring lot width for a flag lot (see definition), the front lot line shall be considered that lot line (excluding the lot line along the street) which is closest and most parallel to the street right-of-way line. The front lot line shall be deemed to include an extension across the "flag pole." [Amended 11-14-2002 by L.L. No. 9-2002]   LOW/MODERATE-INCOME HOUSEHOLD (also called "LOW/MODERATE-INCOME FAMILY")  -- A family or household whose aggregate annual income does not exceed 80% of the median Dutchess County family income for a family of the appropriate particular size as determined annually by the United States Department of Rousing and Urban Development (HUD). [Added 11-14-2002 by L.L. No. 3-2002]   MEDICAL CENTER -- A building that contains establishments dispensing health services. [Added 4-13-1995 by L.L. No. 2-1995] MOBILE HOME -- A dwelling unit or residence on wheels, skids or rollers, without motive power, designed to be used for human habitation or for carrying persons or property, including a trailer coach or house trailer. EN MOBILE HOME PARK -- A land area occupied or designed for occupancy by two or more mobile homes for living purposes.EN _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 1, General Provisions                 ARTICLE II, Definitions and Word Usage                     § 194-3. Definitions.   MODIFICATION OF AN EXISTING ANTENNA INSTALLATION -- Any proposed change in the maximum power input or output, number of antennas, change in operating frequency of an existing antenna installation. [Added 6-11-1998 by L.L. No. 5-1998] MODIFICATION OF AN EXISTING TOWER -- Any proposed increase in dimensions or any change in marking or lighting of an existing tower or other structure designed to support one or more antenna installations. [Added 6-11-1998 by L.L. No. 5-1998] MONOPOLE -- A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation, with no guy wires. [Added 6-11-1998 by L.L. No. 5-1998] MOTEL -- A building or group of buildings containing individual living and sleeping accommodations primarily consisting of one-bedroom-and-bath units, each of which is provided with a separate exterior entrance and a parking space, offered principally for rental and use by motor vehicle travelers. The term "motel" includes but is not limited to every type of similar establishment known variously as an autel, auto court, motor hotel, motor court, motor inn, motor lodge, tourist court, tourist cabins or roadside hotel. MOTOR VEHICLE REPAIR FACILITY -- A facility principally used for the maintenance and repair of motor vehicles, large trucks and tractor trailers. A motor vehicle repair facility may include any of the activities associated with an automobile service facility, as well as body work, vehicle painting and repair of trucks with a wheel base (distance from axle to axle) in excess of 15 feet or vehicles with more than two axles. Permitted accessory uses in a motor vehicle repair facility may include sale of parts, tires, oil or similar items as determined by the Zoning Board of Appeals, car and/or truck washes and the sale of food, convenience items and gasoline. [Added 3-27-1997 by L.L. No. 2-1997] NONCOMMERCIAL COMMUNICATIONS TOWER -- Facilities used for private citizen's bands, amateur radio and other private residential communications. These towers are not eligible for collocation of commercial telecommunications antenna installations. [Added 6-11-1998 by L.L. No. 5-1998] NONCONFORMING USE -- The use of a building or plot of land existing at the time of enactment of this chapter or amendments thereto which does not conform to the use regulations of the district or zone in which it is situated. A building or plot of land which is conforming in use but does not conform to the bulk regulations of this chapter shall not be considered a nonconforming use. NURSERY SCHOOL -- An institution or commercial establishment providing daytime care and/or instruction to more than six children under six years of age. [Amended 6-12-1986 by L.L. No. 3-1986] NURSING HOME OR CONVALESCENT HOME -- Any establishment where three or more persons suffering from, afflicted with or convalescing from any infirmity, disease or ailment are habitually kept, boarded or housed for remuneration, other than municipal or incorporated hospitals, or establishments for the care of the mentally ill. See also "alternative care housing." [Added 3-28-1985 by L.L. No. 3-1985] ONE-HUNDRED-YEAR FLOOD -- The highest level of flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year). [Added 9-9-1976 by L.L. No. 1-1976] ONE-HUNDRED-YEAR FLOODPLAIN  -- An area of special flood hazard and as defined on the Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency. [Added 11-14-2002 by L.L. No. 2-2002] OPEN SPACE -- That percentage of the land area open to the air, pervious and not covered by the combined area of all buildings, structures and paved areas on all of that portion of the lot within the same zoning district as the main buildings. [Added 8-24-1993 by L.L. No. 4-1993] OUTDOOR RECREATION DEVELOPMENT -- A tract of land 10 acres or more developed as a recreational unit for outdoor recreation or sport use primarily undertaken by individuals, and where related buildings and any indoor uses are clearly accessory and incidental to the primary outdoor recreational use. Team and spectator oriented athletic fields and courts, such as those for baseball, football and basketball, are not considered outdoor recreational developments. Outdoor recreation developments do not include archery, any shooting activity, including airguns, or motorized vehicles. [Added 10-24-1996 by L.L. No. 11-1996] OVERLAY DISTRICT -- A district in which additional regulations and requirements apply. The regulations of the overlay district supplement the regulations which apply by virtue of the underlying zone. Land in an overlay district continues in its underlying zoning category, but is also subject to the additional provisions set forth in the overlay district. [Added 9-26-2000 by L.L. No. 5-2000] PARKING SPACE -- An off-street area suitable for parking one automobile, which, in this chapter, is held to be a space at least 10 feet wide and 18 feet long and, in addition, contains sufficient other areas for ingress, egress and maneuvering. Requirements for off-street parking are contained in Article XIV of this chapter (§ 194-113 and following.) [Amended 9-12-1996 by L.L. No. 9-1996] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 1, General Provisions                 ARTICLE II, Definitions and Word Usage                     § 194-3. Definitions.   PREPARATION OF MULCHED MATERIALS -- The screening and grinding of certain types of natural vegetation, as permitted by the Zoning Board of Appeals, to produce mulch, followed by the screening of the material to separate the wood (mulch), dirt and stone into separate piles, which will be temporarily stockpiled for future use, for the periods of time and under the conditions imposed by the Zoning Board of Appeals pursuant to a duly issued special permit. Preparation of mulched materials shall not be deemed to authorize logging, processing and production of firewood, mining, stone processing, excavating or any other activity not specifically authorized by the Zoning Board pursuant to its special permit. [Added 2-12-1998 by L.L. No. 2-1998] PROCESSING -- Any mechanical manipulation of excavated earth material, including blasted rock, including crushing, screening, blending, washing, and any procedure which changes the size of the particles or the particle size distribution or gradation from in-situ characteristics, including that of blasted but unexcavated rock. Processing also includes any mechanical combining or blending of earth materials from one or more sources in order to manufacture a product with certain specification requirements. Processing does not mean simply excavating and loading earth material directly into a transport vehicle. [Added 9-26-2000 by L.L. No. 11-2000] RIDING ACADEMY/COMMERCIAL STABLES -- Any establishment where horses are kept for riding, boarding, stabling, training or education for remuneration, hire or sale. It does not include dude ranches, which are permitted only as part of a large scale recreational use. [Added 3-28-1985 by L.L. No. 5-1985] SIGN -- Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any traffic sign or any flag, badge or insignia of any government or government agency or of any civic, charitable, religious, patriotic, fraternal or similar organization. A "sign" includes a billboard, neon tube, fluorescent tube or other artificial lights outlining or hung upon any part of a building for the purpose mentioned above. SITE PLAN -- The term "site plan" shall mean a rendering, drawing or sketch prepared to specifications and containing necessary elements, as set forth in this Zoning Chapter, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan. Subdivision plats shall not be considered site plans. Architectural features of a site plan shall be reviewed by the Architectural Review Board, where the proposed development falls within the purview of the provisions of Article VIII, and by the Planning Board in all other cases. All other elements of a site plan, including parking, means of access, screening, location of freestanding signs, landscaping, location and size of buildings, adjacent land uses and physical features meant to protect adjacent land uses, and other elements specified in Article IX of this Zoning Chapter, shall be reviewed by the Planning Board, pursuant to Article IX. [Added 4-24-1997 by L.L. No. 3-1997] STABLE, PRIVATE -- An accessory building in which horses are kept for use and not for hire, remuneration or sale. [Added 3-28-1985 by L.L. No. 5-1985] STEEP SLOPE(S)  -- An area of land with an average gradient of 20% or more, extending over any horizontal length of at least 100 feet and extending over a horizontal width of at least 100 feet. [Added 11-14-2002 by L.L. No. 2-2002] STORY -- That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between any floor and the ceiling next above it. STORY, HALF -- A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story. STRUCTURE -- Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. SWIMMING POOL -- A structure which contains or is a receptacle for water, having a depth at any point greater than three feet or having a capacity of greater than 8,000 gallons, used or intended to be used for swimming or bathing and constructed, installed or maintained in or above the ground outside any building. TOURIST HOME, LODGING HOUSE -- A building in which three or more rooms are used to provide overnight accommodations to transient guests for compensation. TRAILER -- Same as "mobile home." TRAILER CAMP -- Same as "mobile home park." USE -- The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 1, General Provisions                 ARTICLE II, Definitions and Word Usage                     § 194-3. Definitions.   USE, ACCESSORY -- A use incidental to the principal use and located on the same lot. In buildings restricted to residence use, the office of a professional, customary family occupations and workshops not conducted for compensation shall be deemed "accessory uses." EN USE, ACCESSORY  -- A use incidental to the principal use and located on the same lot. In buildings restricted to residence use, the office of a professional, customary family occupations and workshops not conducted for compensation shall be deemed "accessory uses." [Amended 6-14-2001 by L.L. No. 3-2001]   WATER BODIES  -- Lakes, ponds, and any other similar natural or artificial collection of water, whether permanent or temporary. [Added 11-14-2002 by L.L. No. 2-2002]   WETLANDS  -- An area of land, including any water bodies and watercourses, but not including any regulated or unregulated buffer area, which constitute regulated wetlands as defined under New York State or federal law or regulations. [Added 11-14-2002 by L.L. No. 2-2002] YARD -- The open space on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter. YARD, FRONT -- A yard extending across the full width of that portion of the lot situated between the front line of the lot and the front line of the building. YARD, REAR -- A yard extending across the full width of that portion of the lot situated between the rear line of the lot and the rear line of the building. YARD, SIDE -- A yard situated between the side line of the lot and the side line of the building and extending from the front yard rear line to the rear yard front line or, if either of such yards is not required, to the front and rear lot lines, as the case may be. ARTICLE III, Districts § 194-4.  Designation of districts.   [Amended 6-14-1979 by L.L. No. 4-1979; 3-28-1985 by L.L. No. 2-1985; 5-12-1988 by L.L. No. 1-1988EN; 8-22-1996 by L.L. No. 7-1996; 9-26-2000 by L.L. No. 5-2000; 11-14-2002 by L.L. No. 4-2002; 11-14-2002 by L.L. No. 11-2002]   The Town of East Fishkill is hereby divided into the following types of districts: Residential Districts     R-3 District   R-2 District Top of Form Bottom of Form   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 1, General Provisions                 ARTICLE III, Districts                     § 194-4.  Designation of districts.   [Amended 6-14- 1979 by L.L. No. 4-1979; 3-28-1985 by L.L. No. 2-1985; 5-12-1988 by L.L.  No     R-1 District   R-1/2 District   R-1/3 District   R-1/4 District   Special Residential Districts     CRD (Conservation Residential District)   AFO (Active Farm Overlay District)   Commercial and Business Zones     B-1 District: General Business   B-2 District: Central Business   PCP District: Planned Commercial Park Top of Form Bottom of Form [2-16-03 Data missing here? Web browser said ‘Sending request to gcp.esub.net’]   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 1, General Provisions                 ARTICLE III, Districts                     § 194-4.  Designation of districts.   [Amended 6-14- 1979 by L.L. No. 4-1979; 3-28-1985 by L.L. No. 2-1985; 5-12-1988 by L.L.  No     PRDP District: Planned Research and Development Park   Industrial Districts     I-1 District: Light Industrial   I-2 District: Heavy Industrial   I-3 District: Light Industrial/Retail   I-1-S District: Light Industrial § 194-4.1.  Hamlet designations.  [Added 11-14-2002 by L.L. No. 9-2002; amended 11-14-2002 by L.L. No. 11-2002] The following areas are designated as "hamlet areas." These are local neighborhood areas which serve the residents of the several sections of the Town with local services and neighborhood business uses. They are also areas where pedestrian/bicycle transportation between and among uses is to be encouraged. These areas include the following:  A.Hopewell Junction Hamlet:  (1)Route 82 between Mary Lane (east of County Route 29) and Palen Road (County Route 31).  (2)Route 376 between Fishkill Road and Hopewell Hose Fire Company.  (3)County Route 29 within 500 feet of the intersection with New York State Route 82.    B.Stormville Hamlet:  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 1, General Provisions                 ARTICLE III, Districts                     § 194-4.1.  Hamlet designations.  [Added 11-14- 2002 by L.L. No. 9-2002; amended 11-14-2002 by L.L. No. 11-2002]   (1)County Route 216: 1/2 mile north from the intersection with Old Route 52 and 1,000 feet west from the intersection with Old Route 52.  (2)Old Route 52 between County Route 216 and the right-of-way of the MetroNorth railroad.  (3)Seaman Road 600 feet from the intersection with Old Route 52.    C.Fishkill Plains: Route 376 west of the intersection with Hillside Lake Road (County Route 29) and properties adjacent to the intersection of Route 376 and CR 29.  D.Gayhead: New York State Route 52 from the Taconic State Parkway right-of-way to the intersection with Old State Road.  E.Arthursburg: New York State Route 82 north of the intersection of Cranberry Road.  F.Pecksville: New York State Route 52 from the intersection of Stormville Mountain Road to a point 800 feet south of the intersection of Peckslip Road and NYS 52.    § 194-5. Zoning Map. [Amended 4-27-1995 by L.L. No. 3-1995] A.Said districts are bounded as shown on a map entitled "Town of East Fishkill Zoning Map," which map is on file in the Town Clerk's office. [Amended 6-14-2001 by L.L. No. 3-2001] B.Pursuant to Town Law § 264, the Town Clerk shall maintain a separate file for this Zoning Map, and said file shall be available at any time during the regular business hours for public inspection. C.The Town Board may also make available to the public for purchase copies of these maps. [Amended 6-14-2001 by L.L. No. 3-2001] D.The Zoning Map shall be amended, from time to time, to depict subsequent zoning amendments which modify the Town Zoning Map. § 194-6. Interpretation of district boundaries.   Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply: A.Along center lines of roads. Where district boundaries are indicated as approximately following the center lines or right-of-way lines of streets or highways, such center lines shall be construed to be such boundaries. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 1, General Provisions                 ARTICLE III, Districts                     § 194-6. Interpretation of district boundaries.   B.Along lot lines. Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries. C.Parallel to center lines or right-of-way lines. Where district boundaries are so indicated that they are approximately parallel to the center lines or right-of-way lines of streets or highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale shown on said Zoning Map. D.Along railroad lines. Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. E.Watercourses. Where the boundary of a district follows an internal stream, lake or other body of water, said boundary line shall be deemed to follow the center line thereof. Where the boundary of a district follows an external stream, lake or other body of water located along the town boundary, said district line shall be deemed to follow the line of jurisdiction of the town. F.Lots in two or more districts. (1)Where a lot in one ownership of record at the time of the adoption of this chapter is divided by one or more district boundary lines, the Board of Appeals may permit a limited extension of a use or structure into the more restricted portion of the affected lot, provided that: (a)The affected lot has frontage on a street in the more restricted district. (b)Conditions and safeguards are attached to such permit to protect existing or prospective development in the more restricted district. (c)Accessway to a business area across a property designated for residential use shall not be permitted. (2)If the district classification of any land is in question, it shall be deemed to be in the most restrictive adjoining district. Part 2, Regulatory Provisions ARTICLE IV, General Regulations § 194-7. General interpretation and applicability.   In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements for the protection of the public health, morals, safety, comfort, convenience and general welfare. This chapter shall not be deemed to affect in any manner whatsoever any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes greater restrictions upon the use of buildings or land or upon the erection, construction, establishment, moving, alteration or enlargement of buildings than are imposed by other ordinances, rules, regulations, licenses, certificates or other authorizations or by easements, covenants or agreements, the provisions of this chapter shall prevail. Except as hereinafter provided, the general regulations contained in this article shall apply. § 194-8. Conformance required. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE IV, General Regulations                     § 194-8. Conformance required.     No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, for any purpose or in any manner except in conformity with this chapter and particularly with the specific regulations for the district in which such building or land is located. Any use not specifically permitted by this chapter is prohibited. § 194-9. Lot required for every building.   Every building hereafter erected shall be located on a lot as herein defined. There shall be not more than one main building and its accessory buildings on one lot, except for nonresidential buildings in districts where such uses are permitted. § 194-10. Yard and open space applicable to one building only.   No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as any part of the yard or open space for any other building; no yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot. § 194-11. Subdivision of a lot. EN   Should a lot hereafter be formed from the part of a lot already occupied by a building, such separation shall be affected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter. § 194-12. Irregularly shaped lots.   Where a question exists as to the proper application of any of the regulations of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the Board of Appeals shall determine how such regulations shall be applied. § 194-13.  Required street access.  [Amended 11-14-2002 by L.L. No. 9-2002] No permit for the erection of any building shall be issued unless the plot on which such building is proposed to be erected has access to a street or highway in accordance with the provisions of § 280-a of the Town Law. This section shall not preclude access by means of a shared driveway, if the Planning Board approves a special permit therefor.  § 194-14.  Average density subdivisions.   [Added 3-28-1985 by L.L. No. 2-1985; amended 11-14-2002 by L.L. No. 8-2002EN] Notwithstanding the provisions as to bulk in the Schedule of Residential District Regulations of this chapter,EN a parcel of land in the three-acre (R-3) zone may hereafter be divided into lots smaller than three acres in size, pursuant to a subdivision approved by the Planning Board pursuant to the Town subdivision regulations,EN provided that:  A.Minimum lot size. Every lot shall have a minimum lot requirement of two acres.  B.Bulk requirements. The bulk requirements of the R-2 District, as contained in the Schedule of Residential District Regulations, shall apply to all lots.  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE IV, General Regulations                     § 194-14.  Average density subdivisions.   [Added 3- 28-1985 by L.L. No. 2-1985; amended 11-14-2002 by L.L. No. 8-2002EN]   C.Maximum number of lots. The maximum number of lots which may be created shall be equal to the number achieved by dividing the parcel by three and rounding to the next lowest number. The subdivision will also have to meet the standards of the Zoning Law relating to environmentally sensitive lands.  D.Legal assurances. The Planning Board shall require sufficient legal assurances to prevent the future subdivision of any lot which is larger than the minimum required lot size, if such subdivision would reduce the average density of the subdivision below an average of three acres per lot.  E.In the course of review of a proposed average density subdivision, the Planning Board can request the applicant to consider a cluster subdivision alternative.    § 194-14.1.  Environmentally sensitive lands.  [Added 11-14-2002 by L.L. No. 2-2002]  A.Designation. For the purpose of these regulations, "environmentally sensitive lands" shall include lands defined as "floodways," "water bodies," "wetlands," "one-hundred-year floodplains," and "steep slopes" as defined in § 194-3.  B.Proposed lots in conventional subdivisions must comply with the following two standards:  (1)When a subdivision of land is proposed, the developer shall, at the sketch plan phase, or, if no sketch plan is submitted, at the preliminary stage, submit a map to the Planning Board delimiting the boundaries of all environmentally sensitive lands, as defined in the Zoning Law. The areas of the environmentally sensitive lands shall be deducted from the total site acreage according to the following percentages:         Type of Land   Percentage to be Discounted          Floodway   100%        Floodplain   50%        Steep slopes (greater than 20%)   50%        Water bodies   100%        Wetlands   50%       (a)Where any area of land is considered environmentally sensitive for more than one reason, no additional discount from area calculation shall be taken on such basis, although the more restrictive percentage would apply where there is a difference.  (b)From the acreage remaining after the deduction, the applicant shall further deduct the area of land necessary to provide roads, drainage facilities, and other infrastructure to serve the subdivision. The acreage remaining shall then be divided by the minimum lot size shown in the bulk schedule for conventional lots in the district in question. The number of lots to be created in the subdivision shall in no case be higher than the number derived in this calculation, subject to the incentive provisions of the Affordable Housing Laws. EN    (2)Minimum buildable area. Each detached single-family lot shall provide a minimum buildable area as follows. The minimums provided herein are not subject to decrease under the Affordable Housing Law provisions.         Type of Subdivision   Minimum Buildable Area          With individual wells and individual sewage disposal systems   3/4 acre        With central water and individual sewage disposal systems, or vice versa   1/2 acre        With central water and central sewers   10,000 square feet average, with no lot smaller than 7,500 square feet       (3)Lots in the CRD Zoning District are subject to the exclusions of environmentally sensitive lands in that chapter. Accordingly, the requirements of Subsection B(1) and (2) above do not apply to lots in the CRD Zone.    C.Proposed site plans for nonresidential development. Environmentally sensitive lands shall be counted at the following percentages of their gross land area in meeting the requirements of minimum lot area or floor area ratio under the bulk regulations of the Zoning Law.         Type of Land   Percentage to be Discounted          Floodway   100%        Floodplain   50%        Steep slopes (greater than 20%)   50%        Water bodies   100%        Wetlands   50%       _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE IV, General Regulations                     § 194-14.1.  Environmentally sensitive lands.   [Added 11-14-2002 by L.L. No. 2-2002]   (1)Where any area of land is considered environmentally sensitive for more than one reason, no additional discount from area calculation shall be taken on such basis, although the more restrictive percentage would apply where there is a difference.    D.Applicability. This provision shall apply to all lots created after December 5, 2002 (the effective date of this section), including subdivisions and resubdivisions, and shall apply to all site plans approved after the effective date, including site plan amendments or expansions, except that this section shall not apply to lots on a subdivision map which has received preliminary subdivision approval by the East Fishkill Planning Board on or before December 5, 2002 (the effective date of this section), provided that a legally sufficient application for final subdivision approval is submitted to the Planning Board within six months after the effective date of this section.     ARTICLE V, Schedules of Regulations § 194-15. General.   To facilitate public understanding of this chapter and for convenience in administration, there is hereby adopted and declared to be a part of this chapter the following Schedule of Permitted Uses, Schedule of Bulk Regulations and Off-Street Parking Schedule which establish permitted uses, minimum area of lots, minimum sizes of yards and open spaces, minimum off-street parking and other limitations and requirements. The requirements listed for each district as designated are subject to all other provisions of this chapter and, unless otherwise indicated, shall be deemed to be the minimum in every instance of their application. § 194-16.  Schedule of Permitted Uses. EN In any district established under Article III of this chapter, no building or premises shall be used, and no building, group of buildings or part of a building shall be erected, constructed, enlarged, altered, arranged or designed to be used in whole or in part, except for one or more of the uses set forth in the attached Schedule of Permitted Uses. Only those uses specifically listed as being permitted shall be permitted.  § 194-17.  Schedule of Bulk Regulations. EN In any district established under Article III of this chapter, no building or premises shall be used, and no building, group of buildings or part of a building shall be erected, constructed, enlarged, altered or arranged on a lot, except in accordance with the requirements set forth in the attached Schedule of Bulk Regulations.  § 194-18.  Off-Street Parking Schedule. EN In any district established under Article III of this chapter, off-street parking facilities shall be provided in accordance with the requirements set forth in the attached Off-Street Parking Schedule, except where additional parking may be required as a condition for the issuance of a special permit under Article IX.     ARTICLE VI, Conservation Residential Development [Added 5-12-1988 by L.L. No. 1-1988] § 194-19. Intent and purposes.   It is the intent and purpose of this section to create a zoning district which would permit the establishment of Conservation Residential Developments (CRD's) on one or more designated sites and in proper locations, so as to: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE VI,  Conservation Residential Development [Added 5-12-1988 by L.L. No. 1- 1988]                     § 194-19. Intent and purposes.   A.Variety of housing types. Provide the opportunity for the creation of a wider variety of housing types in the Town, ranging from single-family detached to single-family attached units (townhouses) to multifamily dwellings, and designed to serve the present and future owner and rental housing needs of those persons working and living in the Town of East Fishkill, including both elderly and young households, families of moderate income and small families. [Amended 11-14-2002 by L.L. No. 6-2002] B.Creative use of large tracts. Encourage the creative use of centrally located large tracts within Hopewell Junction and in excess of 100 contiguous acres so as to promote the establishment of a more desirable living environment than would be possible through their subdivision in accordance with the conventional standards established elsewhere in this article. C.Flexibility of design and development. Permit flexibility of design and development in such a way as to promote superior land planning design, greater economy, efficiency and convenience in the arrangement of land uses and their supporting infrastructure, preserve open space and protect floodplains and other natural features. D.Service and utilities. Encourage orderly and well-planned development of a scale and location that will make it feasible to construct a comprehensive package of supporting utilities, services and facilities, active and passive recreation facilities, a stormwater control and retention system, etc., so as to achieve developments which are environmentally, physically, visually and economically superior. E.Traffic circulation. Encourage orderly development of sites with substantial frontage on state and county highways to provide safe, efficient access and traffic circulation. F.Master Plan. Promote a development pattern in harmony with the objectives of the Town's Master Plan. G.Preservation. Maximize the preservation of slopes over 15%, wetlands, flood-prone areas, historic structures or areas, unique, natural or geographic formations, rare vegetation or habitats of endangered wildlife, lakes, ponds, significant recreational areas or resources, trails, bikeways, pedestrian routes and significant scenic routes, particularly ridge lines, water bodies and mountains. H.Adequate review. Provide adequate review and supervision of development by requiring both conceptual and specific plan approvals for properties rezoned by legislative action to the CRD zone. § 194-20. Eligibility.   This article creates a CRD Zone and sets forth standards under which properties shall be considered eligible for legislative consideration for possible rezoning into the CRD Zone. In order to be eligible for such legislative consideration for rezoning, lands must meet the following criteria: A.The lands must be located wholly within the area designated as "Hopewell Junction Boundary" as shown on a map entitled "CRD Zone-Hamlet Boundary and Proposed Eligibility" attached to this article. EN The boundaries as shown on the map are specifically described as follows: On the west, north, and east, bounded by the perimeter of property known as the Mulford Farm (including that portion north of the abandoned railroad tracks); to the east of the Mulford Farm property, bounded by the railroad tracks now or formerly of the Penn Central Railroad and the Fishkill Creek; on the south, bounded by the perimeter of the entire Cannon and Hercer properties; and on the west bounded by the Whortlekill Creek, and by the boundary lines of the Cannon and Mulford Farm property. B.The lands proposed for rezoning may consist of one or more parcels, at least one of which must consist of 100 or more contiguous acres. At least one of the parcels constituting the lands proposed for rezoning must possess at least 100 feet of frontage on a state or county highway. The lands proposed for rezoning must also meet the other criteria and qualifications set forth in this article. C.While only lands considered eligible under these criteria may be considered for placement within the CRD Zone, there shall be no presumption that lands so considered eligible will ever be formally rezoned into the CRD Zone. The decision to rezone, or to decline to rezone, any particular properties into the CRD Zone, is a purely legislative determination entirely within the legislative discretion of the Town Board. The Town Board shall have the right to reject any petition for CRD rezoning at any stage of the proceedings. The Town Board shall also have the authority to rezone lands into the CRD Zone as a direct action, in the absence of a petition. [Amended 9-26-2000 by L.L. No. 7-2000] § 194-21. Uses within CRD Zone. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE VI,  Conservation Residential Development [Added 5-12-1988 by L.L. No. 1- 1988]                     § 194-21. Uses within CRD Zone.   A.Permitted uses. Permitted uses within a CRD shall be as follows: (1)Residential uses. Detached, semidetached or attached one-family dwellings, two-family dwellings, and multifamily dwellings. Multifamily dwellings shall not constitute more than 20% of the total number of housing units in a Conservation Residential Development. [Amended 11-14-2002 by L.L. No. 6-2002]  (2)Nonresidential uses. Active and passive park and recreational areas, open space and activities, including swimming pools, tennis courts, ball fields, playgrounds, walkways, bikeways, nature trails and similar structures and facilities. B.Accessory uses. Accessory uses in the CRD Zone shall be the same as those permitted in the R-1 Zone. C.Special uses. The following special uses are permitted within the CRD Zone, provided they are designed, planned and developed for the primary purpose of service to the residents of the CRD. (1)Public uses. Schools, public buildings, places of worship, membership clubs and nursery schools. (2)Commercial uses. Retail shops, personal service shops, professional offices and grocery stores, provided that the total land area devoted to commercial uses does not exceed 1% of the gross land area within the CRD and such uses are clearly accessory to the residential uses. § 194-22. Development standard and controls.   Except where specified herein, all development standards and controls normally applicable to all other residential subdivisions and uses shall also be applicable to CRD's. A.Density. At the time of any rezoning of a parcel into the CRD Zone, the Town Board shall set the density in accordance with this section. (1)The base density in a CRD shall be two units per acre. However, the Town Board shall have authority to allow density of up to four units per acre where, in its sole discretion, it finds that a clear public good is being provided which addresses and mitigates both of the impacts identified in the draft generic environmental impact statement, i.e., possible groundwater contamination and traffic congestion. Examples of such public good would include provision or facilitation of availability of municipal or central water and sewer facilities to serve the Hopewell Hamlet area and provision for material transportation enhancement, such as the north-south bypass road, which would directly ameliorate the Hamlet's current traffic congestion. (2)The following deductions shall apply to density in CRD's. Section 194-14.1 does not apply to CRD projects. For purposes of density calculation, all acreage, including lands donated or dedicated to municipal purposes, shall be included, except water bodies, wetlands, and slopes of 25% or more. [Amended 11-14-2002 by L.L. No. 6-2002] (3)Where the Town Board rezones property into the CRD Zone as a direct action, the base density shall apply. The property owner may subsequently petition the Town Board to reconsider the density provisions applicable to the property under the standards set forth in this section. [Added 9-26-2000 by L.L. No. 7-2000] B.Minimum lot dimension. [Amended 11-14-2002 by L.L. No. 6-2002]  (1)Single-family detached units. In no case shall single-family detached units be placed on lots smaller than 7,000 square feet.  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE VI,  Conservation Residential Development [Added 5-12-1988 by L.L. No. 1- 1988]                     § 194-22. Development standard and controls.   (2)Single-family semidetached and attached end units. In no case shall single-family semidetached units be placed on lots smaller than 4,000 square feet.  (3)Single-family attached units. In no case shall single-family attached units be placed on lots smaller than 2,500 square feet.    C.Frontage. At least one of the parcels included in the CRD site must have a minimum street frontage of 100 feet on a state or county highway. D.Height and bulk requirements. [Amended 11-14-2002 by L.L. No. 6-2002]  (1)The maximum permitted building height within a CRD shall not exceed 35 feet or 2 1/2 stories.  (2)Detached garages shall not exceed 25 feet or 1 1/2 stories, and shall not exceed 750 square feet in size.  (3)The maximum net density for two-family and/or multifamily units shall not exceed 10 units to the acre within individual clusters, as determined by the Planning Board.  (4)Bulk requirements for lots in CRD projects:  (a)For detached units:  [1]Minimum front yard: 20 feet from curb, or 20 feet from the house side of the sidewalk, if provided, whichever is greater.  [2]Minimum rear yard: 30 feet.  [3]Minimum side yard: 15 feet.  [4]Minimum lot width: 70 feet.  [5]Minimum lot depth: 90 feet.  [6]Road frontage: 50 feet; except along culs-de-sac, where it may be 40 feet. All flag lots shall have 50 feet of frontage.  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE VI,  Conservation Residential Development [Added 5-12-1988 by L.L. No. 1- 1988]                     § 194-22. Development standard and controls.   [7]Maximum floor area ratio (FAR): 0.30.  [8]Detached garages may be located in the rear yard and shall be no closer than 10 feet to the rear or side lot line.    (b)For semidetached and attached units:  [1]Minimum front yard: 20 feet from curb, or 20 feet from the house side of the sidewalk, if provided, whichever is greater.  [2]Minimum rear yard: 30 feet.        E.Maximum coverage. The maximum permitted gross building coverage on any CRD site shall not exceed 12%. [Amended 11-14-2002 by L.L. No. 6-2002]  F.Screening and buffering. The minimum buffer area shall be in no case less than 50 feet measured from the boundary of the CRD. In reviewing the development plan, the Planning Board shall consider the setback and proposed screening of parking and active recreation areas and may require buffer areas of up to 100 feet. Buffer and screening areas shall be landscaped or left in their natural state in accordance with the landscaping provisions of this Zoning Chapter. The Planning Board may require additional landscaping to screen utility buildings, refuse collection areas, cooling systems and other similar installations and features. G.Open space and recreation areas. At least 1/3 of the gross acreage of any CRD site shalt be composed of land which is used for recreational purposes and/or preserved as permanent open space. H.Unit design considerations. For CRD's with attached and semidetached units, in order that such subdivisions will be properly planned in relation to the community and personal needs of people, the following design elements shall be considered by the Planning Board in addition to the specific provisions of the land subdivision regulations and the normal factors examined in the site plan review: (1)Need for personal privacy. Visual privacy shall be preserved for residents through the proper design of rear yards and/or patio spaces. Proper screening through the use of vegetation, fencing and partially enclosed patios shall be provided. Audio privacy shall be maintained by requiring proper standards for solid party walls that will satisfactorily limit sound transmission between adjoining dwelling units. (2)Need for maintaining the scale of building to ensure compatibility with natural and man-made surroundings. Four dwelling units shall be the normal maximum permitted per building to ensure that attached and semidetached units will be compatible in scale with the character of surrounding development and to ensure a pleasant environment for the residents of such units through maximizing views and by providing a close relationship to immediately adjacent open space at the sides of units as well as to the front and rear. The Planning Board may, where it deems necessary, limit the number of dwelling units per building to less than four, and may permit up to six units in circumstances where building layout or natural terrain conditions can help assure aesthetic design, adequate private and semiprivate open spaces and significant views. I.Layout design considerations: need for preserving existing neighborhood identity and community scale. The Planning Board shall consider the layout of small neighborhoods or clusters within the development, each having some open space immediately surrounding it, as a goal of proper site planning so that a massive concentration of units, with little or no differentiation, can be avoided, so that the character of CRD will match the character of the larger neighborhood in which it is located. J.Vehicular circulation system and traffic access. All streets and driveways within a CRD shall be designed to adequately serve their intended traffic function and the anticipated volume of traffic of the development. Direct access shall be provided by a state or county highway. Major traffic circulation streets which connect to the various sections of the CRD and provide access to the state or county highway shall be designated "development collector roadways." All other vehicular circulation elements within a CRD shall be designated as "minor development roads." Development collector roadways within a CRD shall meet the applicable standards of the Town highway specifications (Chapter A197) for local roads. Minor development roads, including any permitted private roads, within a CRD shall meet the applicable standards of the Town's highway specifications (Chapter A197) for local roads or minor local roads, as applicable. [Amended 11-14-2002 by L.L. No. 6-2002]  K.Pedestrian circulation system. In each CRD, a pedestrian circulation system shall be designed and installed in addition to the vehicular circulation system, which is sufficient for the needs of CRD residents. Such a system might be composed of paved and unpaved walkways and bikeways of appropriate width, design and location to serve their intended function. L.Utilities and services. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE VI,  Conservation Residential Development [Added 5-12-1988 by L.L. No. 1- 1988]                     § 194-22. Development standard and controls.   (1)Underground lines. All televisions, power and communication lines, as well as water, sewer and storm drainage lines, shall be installed underground in the manner prescribed by the regulations of the government agency or utility company having jurisdiction. (2)Approval. All buildings within CRD's shall be served by water supply and sewage treatment systems as approved by the appropriate government agency or agencies having jurisdiction thereof. (3)Future needs. Where facilities are provided they shall be planned in such a way as to anticipate future utility needs, and wherever reasonably feasible, shall be sited to reduce the capital costs associated with any future central utility construction. (4)Television hookups. Television hookups shall either be by cable television or a central antenna system designed to minimize adverse aesthetic impact. (5)Refuse collection. The CRD shall provide an adequate means of collection and storing refuse between collections. Any outside storage and garbage shall be in centrally located containers designed to prevent rodent infestations and shall provide sufficient screening as determined by the Planning Board. (6)Cooling systems. Cooling systems shall be designed so as to minimize adverse aesthetic impact. (7)Surface water runoff. Surface water retention facilities shall be developed so that the rate of stormwater runoff after construction is no greater than the rate of runoff prior to development. (8)Placement of utilities. Where possible, all utilities shall be placed within the right-of-way, and all possible steps shall be taken to avoid placement of utilities under the pavement, in order to assure ease of future maintenance. M.Energy efficiency. The plan for development of any site within CRD Zones shall be designed and arranged in such a way as to promote energy efficiency and assure solar access for all dwelling units. N.Protection of slopes. In general, all existing slopes over 15% shall be protected, and construction activities shall not be allowed on slopes over 15%. However, the Planning Board may allow construction or construction related activities, to the extent it finds appropriate, on slopes over 15% but less than 25% if, in it's sole discretion upon reviewing the record, it finds that any and all identified impacts of such construction can be appropriately mitigated and that slopes will properly be protected and stabilized during and after construction. O.Affordable housing. At least 10% of the base number of permitted units must be affordable housing units as defined in § 194-3 and administered in accordance with Chapter 194, Article XXIII, entitled "Affordable Housing." Upon application of a developer, the Planning Board may permit up to an additional 5% of the units to be affordable units. For every affordable unit that is to be constructed, the developer shall be allowed to build one additional incentive market-rate unit, above the maximum number otherwise permitted under the applicable provisions of the code. This section shall apply to any property placed in the CRD project which has not received Phase 2 approval prior to the effective date of this subsection. [Added 11-14-2002 by L.L. No. 6-2002] § 194-23. Applications procedure.   The application and approvals procedure shall consist of three sequential phases. The first phase shall be rezoning review by the Town Board. The second phase shall be the CRD Development Plan review by the Planning Board. The applicant may, prior to formal submission of his Development Plan application, meet in a preapplication conference with the Planning Board to review the requirements and procedures defined herein and to discuss the general planning concepts for the proposed development. The third phase shall be detailed site plan review of CRD sections by the Planning Board. Where the Town Board has rezoned lands into the CRD Zone as a direct action, in the absence of a petition, the property owner may proceed directly to the second phase of CRD review (CRD development plan review by the Planning Board). However, if the property owner seeks an increase of permissible density pursuant to § 194-22, the application shall comply with the provisions of the first phase of the review. [Amended 9-26-2000 by L.L. No. 7-2000] A.Phase 1: CRD rezoning application to the Town Board. The applicant shall first submit his application for formal legislative rezoning to the CRD Zone. The application for rezoning shall consist of the following, of which 25 copies shall be submitted to the Town Board. (1)CRD Development Plan. The CRD Development Plan shall be drawn at a scale of not less than one inch equals 100 feet and may consist of one or more sheets indicating the following information: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE VI,  Conservation Residential Development [Added 5-12-1988 by L.L. No. 1- 1988]                     § 194-23. Applications procedure.   (a)Ownership. Property lines and the names of all adjoining streets and property owners. (b)Neighboring uses. A map showing the uses of land in and adjacent of the site. (c)Topography. Topographic information, including contours with a vertical interval of no more than two feet. (d)Features. Existing natural and man-made features, including streams, wetlands, significant outcroppings, stone walls, floodplains, slopes over 15%, slopes over 25%, buildings and other improvements. (e)Circulation. The proposed elements of the vehicular and pedestrian circulation system. (f)Land use plan. A land use plan showing the proposed uses of the site, including open spaces and recreation area(s), the location of residential areas, their type, size and composition, any area of nonresidential use, sites reserved for public utilities, etc. (g) ENUtilities and services. The nature and location of all utility and service systems and facilities, including sewer, water, storm drains, public utilities, refuse collection and antenna hookups.  (h)Applicant and owner. The name and address of the applicant, the property owner, and if the applicant is other than the property owner, evidence of his authority to act, and name and address of the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project.   (2)Written statement. The written statement accompanying the CRD Development Plan shall consist of a text description of the proposed plan indicating how it will serve to implement the intent and purpose of such developments as set forth in this section, a preliminary analysis estimating the various quantitative elements of the plan, including the number of residential dwelling units (by type) calculated in accordance with the allowable density formula, the amount of nonresidential floor space, the number of off-street parking facilities, as well as the types of planned recreation facilities, proposals for the construction, operation and maintenance of all recreation facilities, open space, parking areas, walkways, utilities, roads and other common lands and facilities will be assured. The statement shall include a table or listing showing how each of the development requirements of this article have been met in the proposed plans. (3)Staging plan. A proposed plan indicating the approximate staging of building construction and related improvements within the CRD, including the general order of construction and the estimated timing of each stage. (4)List of approvals required. A list of approvals required from various governmental agencies prior to proceeding with the first stage and any subsequent stage of development. (5)Environmental documents. The application must in all respects comply with the New York State Environmental Quality Review Act (SEQR). A long form Environmental Assessment Form shall be submitted. If determined necessary, an EIS will be prepared in accordance with the requirements of SEQR, which will describe the anticipated physical impacts of the proposed development, including any negative impacts that may result and actions planned by the applicant to mitigate them. (6)Fee. The application and accompanying documents shall be accompanied by a filing fee as set from time to time by the Town Board. If an EIS is required, an additional fee will be set in accordance with SEQR site plan review of each phase of development will require additional fees in accordance with Subsection C(4).EN (7)Preliminary appearance. The applicant shall appear at least once before the Town Board to explain the application and answer any preliminary questions of the Planning Board. (8)Planning board referral. To assist in its rezoning review, the Town Board will refer the proposed CRD Development Plan to the Town Planning Board for its review and recommendation pursuant to § 194-155 of the town's Zoning Chapter. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE VI,  Conservation Residential Development [Added 5-12-1988 by L.L. No. 1- 1988]                     § 194-23. Applications procedure.   (9)Other referral. To further assist in its rezoning review, the Town Board may refer the proposed CRD Development Plan to the Town Engineer, Town Planner and any such agencies or officials of the town, county or state government as the Board may determine appropriate. (10)Town Board action. The Town Board shall act on the rezoning application in accordance with Town Law. B.Phase 2: Review of the CRD Development Plan by the Planning Board. (1)Submission. The CRD Development Plan, with any modifications made as a result to the rezoning, and all necessary documents to comply with SEQR shall be submitted to the Planning Board. The Planning Board and its professionals shall require the applicant to submit all information necessary in order for the Board to make its decision on the Development Plan application. (2)Public hearing on CRD Development Plan. (a)Deadline. Within 45 days of the date of receipt of all necessary documents, including SEQR compliance, unless such time shall be extended by consent of the applicant and the Board, the Planning Board shall hold a public hearing on the CRD Development Plan application. (b)Notice. Notice of such public hearings will be provided in accordance with law. (3)Compliance with standards. In arriving at a decision to approve or disapprove the CRD Development Plan application, the Planning Board shall determine whether the proposed uses meet the standards set forth in this section. (a)Natural features. The proposed arrangement of land uses, and their proposed layout on the site, including their compatibility to natural topographic features and adjoining properties. (b)Impact. The impact of the proposed development upon neighborhood properties and the community as a whole. (c)Staging plan. The staging plan shall be designed to assure that future residents of the first sections of the CRD shall have adequate services, including all utilities, streets, recreational facilities and landscaping, to suit their needs, even if future stages do not materialize. (4)Decision of Planning Board. Within 45 days of the date of the close of the public hearing, the Planning Board shall, by resolution, act either to approve, approve with modification or disapprove the CRD Development Plan application. If the application is disapproved, reasons shall be stated. (5)Effect of approval. Approval by the Planning Board, or approval with modifications, shall be deemed to authorize the applicant to proceed with the detailed design of the initial stage(s) of the proposed development and to submit applications for detailed site plan approval of such stage(s), or sections thereof, in accordance with the approved CRD Development Plan, and to therefore design and submit detailed site plan applications for each subsequent stage. (6)Subsequent action. The applicant shall not be deemed to waive any right of the Planning Board to a detailed review of any aspect of the development in the subsequent section or site plan review. (7)Expiration. Approval, or approval with modifications of the CRD Development Plan shall expire at the end of 12 months after the date of issuance, unless the applicant has submitted at least one detailed site plan application for a section of the CRD or such time limit is extended by the Planning Board for an additional 12 months. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE VI,  Conservation Residential Development [Added 5-12-1988 by L.L. No. 1- 1988]                     § 194-23. Applications procedure.   C.Phase 3: Detailed Site Plan Approval of CRD Sections by the Planning Board. (1)Initiation of third stage. Subsequent to Planning Board approval of the CRD Development Plan application, the applicant shall proceed to the third stage of review which involves detailed site plan approval of the various sections of the CRD. The Planning Board may also entertain during Phase 3 any applications for other related project approvals appropriate to effectuate the CRD Development Plan, including but not limited to subdivision review and floodplain permits. (2)Site plan approval. The review and approval of the section site plans shall be in accordance with the standards, requirements and procedures of the site plan requirements of the Town of East Fishkill, with the additional requirements set forth herein. If any additional documents are necessary in order to comply with SEQR, these documents shall also be submitted. Site plan approval shall be required prior to the issuance of building permits within any section or stage of an approved CRD. (3)Phases. The site plan requirements, when applied to a review of the section of a CRD, shall be deemed also to include the factors listed in Phase 1: CRD Rezoning Application to the Town Board (see above) as those apply to each section of the CRD, and a detailed review of the adequacy, location, arrangement, design and appearance of each aspect of development listed in application procedure above. While the scope of the Planning Board's review of the site plan will generally relate to the section of the CRD at issue, the Planning Board shall have the authority to assure that aspects of the development (e.g., water, sewer, utilities, streets, etc.) which will later be used in service, or connect to, other sections of the CRD shall be adequate to suit the purposes and needs of the CRD development as a whole. (4)Fee. Each application for sectional site plan approval shall be accompanied by the appropriate fee for site plan approval as computed under the fee schedule in effect at the time the application is made. (5)Variation from CRD Development Plan. The specific type and number of proposed dwelling units within the development may be varied by no more than 10% from the distribution as shown on the approved CRD Development Plan, but in no case shall the total number of dwelling units in the entire CRD be permitted to exceed the number approved as a part of the CRD Development Plan. (6)Legal assurances. Each application for detailed site plan approval shall be accompanied by appropriate legal documents as may be necessary to provide for and assure that continued proper future maintenance and ownership responsible for all common areas, facilities and utilities within each stage of development or section thereof. (7)Other assurances. The Planning Board may condition its approval upon the applicant obtaining any other necessary approvals, licenses or permits from the appropriate town, county, state or federal agencies having jurisdiction thereof. (8)Phased approval. To assure orderly development within a CRD, the Planning Board shall only approve site plans and other Phase 3 approvals for subsequent sections of the CRD as the pace of development in preceding sections may warrant. (9)Performance bonds. The applicant shall post performance bonds in sufficient amounts of duration to assure that all streets or other public places shown on the site plan shall be suitably graded and paved and that street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, fire alarm signal devices, including necessary ducts and cables or other connection facilities, sanitary sewers and storm drains shall be installed, all in accordance with standards, specifications and procedures acceptable to the appropriate town departments. (10)Simultaneous submissions. The Planning Board may concurrently entertain an application of Phase 2 approval and Phase 3 of the first CRD section. ARTICLE VII, EN Site Plan Approval [Adopted 10-11-1984 by L.L. No. 7-1984] § 194-24. General. A.Review responsibility. Responsibility for site plans pursuant to the provisions of Town Law § 274-a shall be shared by the Planning Board and the Architectural Review Board as follows. For the types of development set forth in Article VIII, architectural features of a site plan shall be reviewed by the Architectural Review Board, pursuant to Article VIII, and all other elements of a site plan, including parking, means of access, screening, location of freestanding signs, landscaping, location and size of buildings, adjacent land uses and physical features meant to protect adjacent land uses, and other elements specified in Article VII of this Zoning Chapter shall be reviewed by the Planning Board, pursuant to Article VII. For the types of development not specified in Article VIII, all aspects of the site plan, including architectural features, shall be reviewed and approved by the Planning Board. In all cases, the site plan submissions shall comply with the requirements of Article VII and VIA, and the decisions to approve, approve with modifications or disapprove shall be made in accordance with those articles. [Amended 4-24-1997 by L.L. No. 3-1997] B.No building permit may be issued and no use may be established or changed without conformance with this section. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE VII,                     § 194-24. General.   C.Site plan approval by the Planning Board in accordance with this section is required for the proposed use, expansion of use or change in use of land, buildings and other structures for: (1)Residential Districts. Special permit uses in all single-family residential districts, including R-1, R-2, R-3, R-4, R-1/2, R-1/3 and R-1/4. (2)Other districts. Principal uses, accessory uses and special permit uses in all other districts. (3)Nonconforming uses. Nonconforming uses as provided for in Article XV. D.Definitions. Change of use. As used in this section, the term "change in use" shall include: (1)Any change from a residential use to a nonresidential use or to a partly residential and partly nonresidential use. (2)Any change as to kind or size of a nonresidential use, including all cases where a changed use requires any change in parking standards. § 194-25. Application. A.[Amended 12-11-1986 by L.L. No. 5-1986; 2-8-1996 by L.L. No. 3-1996; 4-24-1997 by L.L. No. 3-1997] Submission in three stages. A site plan of any proposed development of land, prepared by a registered architect, licensed landscape architect and/or professional engineer, shall be submitted to the Planning Board for approval. The plans and elevations submitted for architectural approval, as provided in § 194-25B(2)(b), below, shall be prepared by a registered architect and/or a professional engineer. Where approval of the Architectural Review Board is required, the Zoning and Planning Office shall refer the materials relating to the ARB application to the ARB, pursuant to Article VIII. The plan shall normally be submitted in three stages: (1)Sketch plan. The sketch plan phase in the procedure is for the convenience of the applicant, and therefore is an optional step on behalf of the applicant. It is the intention of the Board to afford an opportunity to meet with the applicant and review the various requirements of this regulation prior to his presenting a formal preliminary site plan for review and approval. (2)Preliminary plan. (3)Final plan. (4)Simultaneous submissions. An applicant may, however, simultaneously submit the sketch plan and preliminary plan, or simultaneously submit the preliminary plan and final plan. However, in the event of simultaneous submissions, the requirements for all stages (§ 194-25B) must be met. Similarly, if an applicant does not submit a sketch plan, all the information normally required at the sketch plan phase shall be included with the preliminary site plan. (5)Fees. (a)Applicability. All submissions for site plan approval shall be accompanied by a fee to pay for the costs of the planning design and engineering review. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE VII,                     § 194-25. Application.   (b)The fee shall be as set by the Town Board. The fee for site plan applications may be modified from time to time by the Town Board by resolution. All fees are in addition to any required escrow. EN (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. B.Site plan submission. Site plan submissions shall include the following information, together with any additional information required by the Planning Board in order to properly evaluate the application: (1)Sketch plan. (a)Buildings, road and property map. Map showing the applicant's entire property and adjacent properties and streets, at a convenient scale, including the approximate location and dimensions of all existing and proposed structures on the subject property and on adjacent properties within 250 feet of the site boundary. (b)Paved area. All existing paved areas. (c)Natural features. Existing topography, lawns, meadows, shrubs and trees (general location), watercourses and bodies of water, wetlands, rock outcrops and other prominent physical features. (d)Areas to be left undisturbed. Areas to be left undisturbed by earth moving machines. (e)Existing circulation. Existing pedestrian and vehicular circulation diagram for the site and immediate area. (f)Development team. The name and address of the applicant, and other planners, engineers, architects, landscape architects, surveyors and/or other professionals engaged to work on the project, shall be shown. Where the applicant or owner is a corporation, the Planning Board may require the names and addresses of all officers, directors and principal stockholders of said corporation. (g)Identification and location map. Tax parcel identification number(s) of property to be developed and location map showing location of property with respect to major nearby roads. (2)Preliminary plan. (a)Structures and circulation. One set of preliminary plans, elevations and sections of proposed structures and roads, showing the proposed location, dimensions, use and design of all buildings and structures, including any proposed division of buildings into units of separate occupancy and location of drives thereto, and showing the proposed location of all roads, pedestrian walkways, fire lanes and parking areas, including the relationship of the proposed traffic circulation system with that of neighboring uses. (b)Architectural features. [Amended 4-24-1997 by L.L. No. 3-1997] [1]Plans and elevations of the proposed building or structure(s), prepared by a registered architect and/or professional engineer, showing the architectural features of all existing and proposed construction and the details of all elements of exterior design, including exterior materials, colors and texture, roof design (including mechanical equipment which will protrude above the roof), awnings and other decorative elements. The plans shall also show the relationship of the proposed structure(s) to neighboring structures as to height, scale, size, design, rhythm, setback, materials, texture, facade treatment and sign location and treatment. Such information shall be at a scale and of a quality to enable the ARB or Planning Board to assess the appearance of the proposed structure(s) and their relationship to their surroundings. Where necessary for such purposes, the Board may require perspective renderings or models to be submitted. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE VII,                     § 194-25. Application.   [2]Where ARB approval is required, this information shall be forwarded to the ARB for review and approval under the provisions of Article VIII. The Planning Board may, in its discretion, commence its site plan review prior to the filing of the architectural elevations, but all such elevations must be filed with the Planning Board secretary by the Friday before the public hearing. If these are not filed, the secretary shall cancel the public hearing, and such public hearing shall be rescheduled after the elevations have been submitted. (c)Landscaping and screening. Preliminary grading, landscaping and screening plan. Existing topography and proposed grade elevations shall be shown at contour intervals of not less than five feet, unless otherwise specified by the Planning Board. The location, type and design of all waste handling facilities should be indicated. (d)Cut and fill. Extent and amount of cut and fill for all disturbed areas, including before-and-after profiles of typical development areas, parking lots and roads, and including plans for erosion and siltation control. (e)Stormwater retention. Provisions for on-site stormwater retention basins and infiltration systems during and after construction, designed to handle any increased rate of runoff, and to allow stormwater to filter into the groundwater beneath the project site. (f)Wells. Location and test yields in gallons per minute of all proposed on-site wells. (g)Drainage fields or percolation tanks. Location and percolation test results of all proposed drainage fields or percolation tanks. (h)Water supply and sewage disposal. Description of method of water supply and sewage disposal and location of such facilities. Location of wells and sanitary sewage disposal systems on abutting properties within 250 feet of the property line shall also be shown. (i)Lighting, power and communication facilities. Location and design of lighting, power and communication facilities. (j)Signs. Location, design and size of all signs. (k)Site improvements. Location of all existing and proposed site improvements, including drains, culverts, retaining walls and fences. (l)Outdoor storage. Location of any outdoor storage. (m)Uses. Detailed breakdowns of all proposed floor space by type of use. (n)Other industrial uses. In an Industrial district, specific uses proposed, number of employees for which buildings are designed, type of power to be used for any manufacturing process, type of wastes or by-products to be produced by any manufacturing process, and the proposed method of disposal of such wastes or by-products shall also be shown. (o)SEQR. The applicant must include an Environmental Assessment Form and any other 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. (p)Other town requirements. The preliminary site plan shall also comply in all respects with the requirements and design standards of these regulations, and shall further comply with any other applicable town laws, ordinances, rules or regulations. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE VII,                     § 194-25. Application.   (q)Requirements of other agencies. The preliminary site plan shall further comply in all respects with the requirements of other governmental agencies having jurisdiction in the review procedures of site plans. (r)Requirements for plans. All plans shall meet the requirements of §§ 163-21 and 163-22 of the town's Subdivision Regulations, relating to requirements for plans. (s)Wetlands. The location of designated wetlands and their one-hundred-foot buffers, floodplains, floodways and surface waters shall be accurately shown. (t)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. [Added 6-14-2001 by L.L. No. 3-2001] (3)Final plan. (a)Structures. One set of final plans, elevations and sections of proposed structures. (b)Landscaping. Final grading and landscaping plan. (c)Trees. Individual trees over 12 inches caliper, with indication of those to be retained and those to be removed. (d)Owner consent note. The final plan shall contain a note in substantially the following form: "The undersigned, owner [contract vendee] of the property shown hereon states that he is familiar with this map, its contents, legends and notations, and hereby agrees and consents to all said terms and conditions as stated hereon." (e)Requirements for plans. All plans shall meet the requirements of §§ 163-21 and 163-22 of the town's Subdivision Regulations relating to requirements for plans. C.Additional information. At the request of the Planning Board, any other pertinent information as may be necessary to determine and provide for the proper enforcement of this article shall also be provided. D.Exceptions. For minor site development plans, or in other appropriate circumstances, the Planning Board may waive the provision of any items of information listed in Subsection B (site plan requirements). § 194-26.  Standards.  A.All site plans shall meet the following minimum standards:  (1)Conformance. The proposed use, buildings and other structures, including outside storage areas, recreational areas, site development, landscaping and off-street parking and loading, shall conform to all of the requirements of this Zoning Chapter, Chapter 163, Subdivision of Land, Chapter A197, Highway Specifications, and all other applicable town laws.  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE VII,                     § 194-26.  Standards.   (2)Access and circulation. Convenient and safe access and traffic circulation for both pedestrians and vehicles shall be provided to all parts of the site intended for their use. Mixing of vehicular and pedestrian or bicycle traffic shall be avoided. A linkage with the road and path systems of abutting properties shall be provided. Sidewalks shall be provided along commercial highways in commercial zones where pedestrian activity is anticipated to occur. [Amended 11-14-2002 by L.L. No. 11-2002]  (3)Neighborhood. All aspects of the site plan, architectural plans and location and dimension of buildings, shall be of such character as to harmonize with the neighborhood, to accomplish an appropriate transition in character between areas of unlike character, to protect property values, and to preserve and enhance the appearance and beauty of the community, and to avoid an adverse impact on adjacent land uses, or on the traffic circulation systems serving the surrounding area.  (4)Architectural features. The site plan shall meet the adopted guidelines of the East Fishkill Design Handbook completed in January 1997, prepared by Buckhurst, Fish and Jacquemart. Where the proposed construction, additions, alterations or remodeling falls within the provisions of Article VIII, then the architectural features shall be reviewed by the Architectural Review Board. In all other cases, the architectural features shall be reviewed by the Planning Board. [Added 4-24-1997 by L.L. No. 3-1997]  (5)Natural features. The site plan shall reflect an awareness of sensitivity to the views, terrain, soils, plant life and other qualities of the site and shall, to the maximum extent possible, preserve and enlarge upon these assets for recreation, scenic or conservation purposes. The site plan shall minimize dangers of flooding and other drainage problems and shall be compatible with preservation of groundwater quality and aquifer protection. The site plan shall also be designed to avoid, insofar as possible, interfering with the actual or potential solar energy use of nearby properties.  (6)Utility lines. All utility lines shall be kept below grade, unless the Planning Board finds, on the basis of documentation submitted by the applicant, that the placement of such lines above ground shall not cause any adverse environmental impacts and will otherwise meet the standards of this chapter.  (7)State Environmental Quality Review. The requirements of SEQR, including any appropriate mitigation measures, must be met. The Planning Board 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]  (8)Reservation of parkland on site plans containing residential units. [Amended 6-14-2001 by L.L. No. 3-2001]  (a)Before such Planning Board may approve a site plan containing residential units, such site plan shall also show, when required by the Board, a park or parks suitably located for playground or other recreational purposes.  (b)Land for park, playground or recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the town based on projected population growth to which the particular site plan will contribute.  (c)In the event the Planning Board makes a finding pursuant to Subsection H(2) of this subdivision that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Planning Board may require a sum of money in lieu thereof to be established by the Town Board. In making such determination of suitability, the 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 moneys required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into the East Fishkill recreation trust fund to be used by the town exclusively for park, playground or other recreational purposes, including the acquisition of property.  (d)Notwithstanding the foregoing provisions of this subsection, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to Town Law § 276, 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.    (9)Performance bond or other security. As an alternative to the installation of required infrastructure and improvements prior to approval by the Planning Board, a performance bond or other security sufficient to cover the full cost of the same, as estimated by the Planning Board or a town department designated by the Planning Board to make such estimate, where such departmental estimate is deemed acceptable by the Planning Board, shall be furnished to the town by the owner. Such security shall be provided to the town pursuant to the provisions of Subdivision 9 of § 277 of the Town Law. [Added 6-14-2001 by L.L. No. 3-2001]    B.The standards set forth herein have been found to be consistent with the guidelines set forth in Greenway Connections. The Planning Board, in its deliberations on any discretionary actions under this chapter, shall consider the statement of policies, principles and guidelines in Greenway Connections as the Planning Board deems appropriate and relevant in its deliberations on such discretionary actions. [Added 11-14-2002 by L.L. No. 1-2002]    § 194-27. Action by Planning Board. [Amended 4-24-1997 by L.L. No. 3-1997] A.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 Planning Board Clerk shall mail notices thereof to the applicant and to the County Planning Agency, if required, under General Municipal Law Section 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. [Amended 6-14-2001 by L.L. No. 3-2001]  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE VII,                     § 194-27. Action by Planning Board. [Amended 4-24- 1997 by L.L. No. 3-1997]   B.Hearing. (1)The Planning Board shall fix a time within 62 days from the date a complete application for preliminary site plan approval is made for a public hearing, and shall give public notice thereof by publication in the official newspaper of such hearing at least five days prior to the date thereof. The Planning Board is not authorized to commence its public hearing unless the elevations are filed with the Planning Board secretary by the Friday before the public hearing. If these are not filed, the secretary will cancel the public hearing, and it will be rescheduled after the elevations are filed. The Planning Board shall decide the application within 62 days after the close thereof, subject to the requirements of SEQR and General Municipal Law § 239-m. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. However, no default approval shall be deemed granted by the Board for failure to comply with the sixty-two-day time period, either to open the public hearing or to render a decision. (2)A further public hearing on an application for final site plan approval shall not be required in every case. However, nothing herein shall preclude the holding of a public hearing an any such matter on which a public hearing on a final site plan application where the Planning Board deems it appropriate. If such hearing is held, it shall take place, and decision be rendered, within the time periods set forth in Subsection B(1). If no hearing is held, a decision on a final site plan should be rendered within 62 days after submission of the complete application for final approval, subject to the requirements of SEQR and General Municipal Law § 239-m, as well as the requirements of this section. (3)The ARB is not required to hold a separate public hearing on the application for architectural approval. However, during the Planning Board hearing, the public is entitled to comment on any issues relating to the architectural elements of the site plan, and any such comments shall be noted in the minutes and immediately transmitted by the Planning Board secretary to the Architectural Review Board. (4)The ARB shall promptly submit comments to the Planning Board concerning the visual impact issues and any other environmental issues relating to the architectural features. Where practicable, the ARB may also forward informal comments to the Planning Board on any review that the ARB has undertaken. All such comments should be submitted to the Planning Board prior to the close of the public hearing. (5)The ARB shall not issue a final decision on the application until after the close of the Planning Board's public hearing, so that any public comments may be transmitted; a negative declaration or SEQR findings have been issued by the Planning Board as lead agency; or until the ARB has made its own SEQR determination, if there is an uncoordinated review. C.Decision on final site plan. (1)The Planning Board may approve, approve subject to modifications or conditions, or disapprove a site plan. The Board's decision shall be made by resolution of the Planning Board. The signature of the site plan by the Chair shall evidence approval of the site plan, including approval of the Architectural Review Board under Article VIII, and compliance with all conditions the Planning Board has imposed as part of its approval. (2)The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of a site plan, any such conditions must be met prior to the issuance of any building permits or certificates of occupancy, as the Planning Board may more fully set forth in its approval resolution. (3)Where the Board grants conditional approval of a site plan, the satisfactory completion of all such conditions shall be evidenced by the signature of the site plan by the Chair. (4)In the case of site plans which also require Architectural Review Board approval under Article VIII, the Planning Board Chair shall not sign the site plan until the ARB has issued approval, or approval subject to conditions. (5)All signed site plans shall contain a note, in form approved by the Planning Board Chair, to the effect that amended site plan approval is required for an expansion of use or a change of use as defined in this Zoning Chapter. Where the site plan also requires Architectural Review Board approval, then the site plan must also bear a note, in form approved by the ARB Chair, to the effect that amended ARB approval is required for any changes within the scope of § 194-34. (6)The decision of the Planning 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. D.Planning Board initiative. The Planning Board may, on its own initiative, propose a general or specific site plan for a particular area where site development approval may be required in the future, using as a guide the requirements of this chapter. E.Performance bonds. The applicant may be required to post performance bonds in sufficient amounts and duration to assure that all streets or other public places shown on the site plan shall be suitably graded and paved and that street signs, sidewalks, street lighting standards, curbs, gutters, street trees, water mains, fire alarm signal devices, including necessary ducts and cables or other connecting facilities, sanitary sewers and storm drains or combined sewers shall all be installed in accordance with standards, specifications and procedure acceptable to the appropriate town departments. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE VII,                     § 194-27. Action by Planning Board. [Amended 4-24- 1997 by L.L. No. 3-1997]   F.Expiration. A site plan shall be void if construction is not started within one year and completed within two years of the date of the final site plan approval, except that such site plan approval may be renewed by the Planning Board at their discretion, for good cause shown. ARTICLE VIII, Architectural Review Board [Added 4-24-1997 by L.L. No. 3-1997] § 194-28. Appointment; membership. A.Appointment. There is hereby created an Architectural Review Board to administer this article. The ARB shall be appointed by the Town Board of the Town of East Fishkill and shall consist of five members all of whom shall be residents of the Town of East Fishkill. Members shall serve without compensation. Of the members first appointed, three members shall be appointed for two-year terms and two members shall be appointed for one-year terms. Their successors shall be appointed for two-year terms. Vacancies shall be filled by the Town Board for unexpired terms of any members whose position on the ARB shall become vacant B.Members. The ARB members shall, insofar as possible, be chosen for qualification and training in the fields of architecture, landscape architecture, construction, planning, design or other related disciplines. C.Chairman. The Town Board shall, from time to time, designate one member of the ARB as Chairman. D.Quorum and meetings. Three members of the ARB shall constitute a quorum for the transaction of business. Decisions of the ARB shall be the result of a majority vote of the membership. Meetings shall be conducted under the Open Meetings Law. The Board is also authorized to make site visits. E.Coordination with other town agencies. The ARB shall coordinate its activities with the Building Inspector and Zoning Administrator, the Planning Board, Zoning Board and Town Board to promote quality and efficiency in the review process. The ARB may issue advisory reports or recommendations relating to the visual environment. § 194-29. Functions of the ARB. A.Review of proposed construction. The ARB shall review and approve the exterior architectural features of proposed construction, additions, alterations or remodeling of the following buildings or structures, and prior to the issuance of any building permit and, where site plan approval is required, prior to the grant of an unconditional final approval of the site plan or the signing of any site plan to evidence compliance with all conditions of approval. In cases where site plan approval is required, the Architectural Review Board shall be considered as performing one aspect of the overall site plan review, in coordination with the Planning Board. Such ARB approval shall be required for the following buildings and structures: (1)Any buildings and/or structures in a B-1, B-2, I-1, I-2, I-3, PBN, PCP or PRDP zone. (2)Any buildings and/or structures in the PRD and CRD zones. (3)Any buildings in a cluster subdivision which contain two or more dwelling units, including attached and semidetached units. (4)Any buildings and/or structures approved as part of a special permit in any zone, except a special permit to expand a nonconforming residence under § 194-123. B.Signs. The Architectural Review Board shall have such authority over signs as may be delegated to that Board in the future by the Town Board. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE VIII, Architectural Review Board [Added 4-24- 1997 by L.L. No. 3-1997]                     § 194-29. Functions of the ARB.   C.Advisory reports. The ARB may render advisory reports whenever requested to do so by another Board. D.Effect on other reviews. The approvals required herein shall be in addition to any site plan or special permit approval presently required by law, subject to the following: (1)The review process shall be coordinated to the maximum extent possible as provided in § 194-28E. To the extent possible, the ARB and the Planning Board and/or Zoning Board shall conduct their reviews concurrently, and shall coordinate their reviews to avoid delay, expense and repetitious procedures for the applicant. (2)The Planning Board shall retain exclusive jurisdiction over all elements of the site plan other than architectural features. For example, where site plan approval is required, the Planning Board shall exercise exclusive review authority over landscaping, screening and fencing pursuant to its site plan authority. § 194-30. Submission procedures. A.Optional preapplication discussion. Applicants are encouraged to discuss their proposals with the ARB informally at a meeting prior to formal submission of an application. These informal discussions may include reviews of preliminary design concepts. B.Submission procedures. Applications for construction which also requires site plan or special permit approval shall be submitted to the zoning and planning office as part of the submission for the site plan or special permit. Applications for modification, reconstruction or remodeling, or other construction, not requiring site plan or special permit approval, shall be submitted to the Building Inspector. The application shall be forwarded to the ARB within seven days of the receipt of a completed application meeting the above standards. C.Applications. Applications for ARB approval shall include the following: (1)A properly completed application for Architectural Review. (2)A copy of any application for site plan or special permit, including copies of any maps or plans submitted. (3)Plans and elevations of the proposed building or structure(s), prepared by a registered architect and/or professional engineer, showing the architectural features of all existing and proposed construction and the details of all elements of exterior design, including exterior materials, colors and texture, roof design (including mechanical equipment which will protrude above the roof), awnings and other decorative elements. The plans shall also show the relationship of the proposed structure(s) to neighboring structures as to height, scale, size, design, rhythm, setback, materials, texture, facade treatment and sign location and treatment. Such information shall be at a scale and of a quality to enable the ARB to assess the appearance of the proposed structure(s) and their relationship to their surroundings. Where necessary for such purposes, the Board may require perspective renderings or models to be submitted. Notwithstanding the foregoing, where a renovation or modification does not require site plan approval, the drawings need not be prepared by a licensed professional, but must be legible and clearly portray the architectural features to be reviewed. (4)A description of all exterior materials. Samples of all exterior materials shall be brought to the ARB meeting. (5)State Environmental Quality Review compliance. The applicant must include an EAF and any other necessary documentation to comply with SEQR, unless a lead agency other than the ARB is designated. No application shall be considered complete until a negative declaration has been issued, or until a draft EIS has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. § 194-31. Standards for review. A.The ARB shall review the exterior architectural features of the proposed construction, additions, alterations or remodeling, and evaluate them in accordance with the adopted guidelines set forth in the Town of East Fishkill Design Handbook, dated January 1997, as such may be amended from time to time. The standards set forth herein have been found to be consistent with the guidelines set forth in Greenway Connections. The Architectural Review Board, in its deliberations on any discretionary actions under this chapter, shall consider the statement of policies, principles and guidelines in Greenway Connections as the Architectural Review Board deems appropriate and relevant in its deliberations on such discretionary actions. [Amended 11-14-2002 by L.L. No. 1-2002]  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE VIII, Architectural Review Board [Added 4-24- 1997 by L.L. No. 3-1997]                     § 194-31. Standards for review.   B.In exercising its authority, the Board shall consider costs of materials, availability of materials, and the needs and objectives of the project sponsor. The Board shall make every reasonable effort to find a means of achieving the applicant's goals in conformance with the purposes of this article. Where the ARB has objections to a proposal, it shall make every effort to work with the applicant in developing an economically feasible plan to address the ARB's objections. § 194-32. Findings and decision of ARB. A.Authority of the Board. The Board may either approve, approve subject to specific modifications or submission of additional data or material, or disapprove the proposed exterior architectural features of the construction, additions, alterations or remodeling. B.Approval. Approval shall be based upon a finding that the proposed construction, additions, alterations or remodeling meets the adopted guidelines set forth in the East Fishkill Design Handbook. C.Approval subject to modifications. Approval with modifications shall be based on a finding that the exterior architectural features of the proposed construction, additions, alterations or remodeling would meet the guidelines set forth in the East Fishkill Design Handbook if certain modifications were made, or that the ARB requires additional data or material to grant approval to the proposed project. The findings shall set forth the specific modifications necessary to meet such guidelines, and/or the specific data or material required to satisfy the Board's requirements. D.Disapproval. Disapproval shall be based on a finding that one or more exterior architectural features fail to meet the guidelines of the East Fishkill Design Handbook, and cannot be made to meet such guidelines by one or more particular modifications. Disapproval may also be made if the applicant has failed to submit elevations, renderings, samples or specifications sufficient to enable the Board to review the application. E.Coordination with Planning Board on site plan reviews. (1)The ARB is not required to hold a separate public hearing on the application for architectural approval. However, during the Planning Board hearing, the public is entitled to comment on any issues relating to the architectural elements of the site plan, and any such comments shall be noted in the minutes and immediately transmitted by the Planning Board secretary to the Architecture Review Board. (2)The ARB shall promptly submit comments to the Planning Board concerning the visual impact issues and any other environmental issues relating to the architectural features. Where practicable, the ARB may also forward informal comments to the Planning Board on any review that the ARB has undertaken. All such comments should be submitted to the Planning Board prior to the close of the public hearing. F.Time for decision. (1)The ARB shall not issue a final decision on the application until after the close of any Planning Board public hearing on the site plan, so that any public comments may be transmitted, and a negative declaration or SEQR findings have been issued by the Planning Board as lead agency, or until the ARB has made its own SEQR determination, if there is an uncoordinated review. (2)The ARB shall render its decision within 31 days after the close of the public hearing on the site plan, for projects which also require site plan review. Where the project does not require site plan review, the ARB shall act within 62 days of referral of the full application, including architectural elevations. If the applicant does not submit elevations at the outset, the sixty-two-day period will not begin to run until such elevations are submitted. (3)If the ARB shall fail to act within the time periods set forth above, then it shall be deemed to have approved the application, unless the applicant shall have requested or agreed to an extension of time for the ARB review. G.Filing of decision. The decision of the ARB 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. § 194-33. Effect on other approvals. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE VIII, Architectural Review Board [Added 4-24- 1997 by L.L. No. 3-1997]                     § 194-33. Effect on other approvals.     Effect of decision. A.The Building Inspector shall not issue any permit, including a building permit or a certificate of occupancy, for any construction, additions, alterations or remodeling, the architectural features of which have not been approved, or which have been disapproved by the ARB. The Building Inspector may approve a building permit for proposed construction, additions, alterations or remodeling conditionally approved by the ARB as soon as the conditions specified in such conditional approval have been fulfilled, provided that the proposed construction, additions, alterations or remodeling otherwise qualifies for a building permit. The Building Inspector may issue a building permit for proposed construction, additions, alterations or remodeling approved by the ARB, provided that it otherwise qualifies for a building permit. The Building Inspector shall issue a building permit for proposed construction, additions, alterations or remodeling which have been referred to the ARB for review and on which such ARB has failed to act within the time periods set forth in the preceding section, provided that the proposed construction, additions, alterations or remodeling otherwise qualifies for a building permit. B.Where the proposed project or construction requires site plan approval, the Planning Board Chair shall not sign the site plan until the ARB has issued an approval, or approval subject to conditions. § 194-34. Necessity of further review and approval.   If at any time, either before or after the issuance of a building permit or certificate of occupancy, the applicant proposes to change any element of the approval ARB architectural features, including change in design, color, texture, material, addition or deletion of architectural elements, or any changes to the building footprint, then the applicant shall submit a request for modification of the ARB approval to the Building Inspector, who shall immediately forward it to the ARB Chair. The review for a modification shall generally follow the same procedures as above, but the Building Inspector and the ARB shall make every effort to expedite the review. Nothing herein shall exempt an applicant from obtaining an amended site plan approval, if amended site plan approval is required. The Building Inspector shall not issue any permits, including building permits or certificates of occupancy, for construction, additions, alterations or remodeling which includes exterior architectural features other than those approved by the ARB, until an amended approval has been obtained to authorize the change. § 194-35. Court review.   Any person aggrieved by a decision of the Architectural Review Board, or any officer, department, board or bureau of the town may apply to the supreme court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after the filing of a decision by the Board in the office of the Town Clerk, as further provided in Town Law § 274-a, Subdivision 11. § 194-36. Enforcement and penalties for offenses. A.No building permit or certificate of occupancy shall be issued until the applicant shows compliance with this article. B.No construction shall take place except as approved by the ARB pursuant to the provisions of the article. C.Any person or corporation who violates this article, or who engages in construction without obtaining the required approval of the Architectural Review Board or Building Inspector as required in this article, or who engages in construction contrary to the provisions and conditions of the ARB approval, or any person who uses any building or structure constructed in violation of this article or in violation of the provisions or conditions of any ARB approval or building permit as required by this article shall be liable, upon conviction, to a fine of up to $250 or imprisonment for not more than 15 days, or both, for each offense. Each and every week that such violation continues shall constitute a separate offense. D.Nothing in this article shall be construed as depriving the town or the Town Board of any other available remedy, either of a civil or criminal nature, as provided by law. ARTICLE IX, Special Permits [Amended 9-8-1977 by L.L. No. 7-1977; 3-28-1985 by L.L. No. 4-1985] § 194-37. General.   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. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE IX, Special Permits [Amended 9-8-1977 by L.L. No.  7-1977; 3-28-1985 by L.L. No. 4-1985]                     § 194-38. Appropriate reviewing agency.   § 194-38. Appropriate reviewing agency. 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: (1)Nursing homes and alternative care housing as described in § 194-62. (2)Hotels. (3)Large scale recreation developments and camps. (4)Churches, schools and public uses. (5)Hospitals. (6)Commercial stables and riding academies. (7)Historic structures. (8)Stationary solicitors, peddlers and vendors. [Added 9-14-1989 by L.L. No. 5-1989] B.Zoning Board of Appeals. All other special permit applications shall be reviewed by the Zoning Board of Appeals. § 194-39. Applications and fees. [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. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE IX, Special Permits [Amended 9-8-1977 by L.L. No.  7-1977; 3-28-1985 by L.L. No. 4-1985]                     § 194-40. Procedures. [Amended 6-14-2001 by L.L. No.  3-2001]   § 194-40. Procedures. [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. § 194-41. Required plans.   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. § 194-42. Expiration.   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. § 194-43. Existing violations. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE IX, Special Permits [Amended 9-8-1977 by L.L. No.  7-1977; 3-28-1985 by L.L. No. 4-1985]                     § 194-43. Existing violations.     No permit shall be issued for a special use for a property where there is an existing violation of this chapter. § 194-44. Standards for all special permit uses.   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]     _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE IX, Special Permits [Amended 9-8-1977 by L.L. No.  7-1977; 3-28-1985 by L.L. No. 4-1985]                     § 194-45. Referral to AAB.   § 194-45. Referral to AAB.   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. § 194-46.  Conditions.  [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.  § 194-46.1.  Accessory retail, professional, and/or personal services in large cluster subdivisions.  [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.       ARTICLE X, EN General Use Regulations [Added 3-28-1985 by L.L. No. 5-1985] The following use regulations shall be applicable in all districts where applicable. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE X,                     § 194-47. Farming; nurseries; greenhouses.   § 194-47. Farming; nurseries; greenhouses.   Farms, farm uses, greenhouses, nurseries, other than business nurseries, and other customary agricultural operations are permitted in all districts, provided that: A.Setbacks for farm buildings. No building in which farm animals are kept shall be closer than 100 feet to any adjoining lot line. No storage of manure or odor- or dust-producing substance or use shall be permitted within 100 feet of any adjoining lot line, watercourse or wetland area. No greenhouse heating plant shall be operated within 100 feet of any adjoining lot line. B.Sale of products. No products other than the ones produced or customarily sold on the premises shall be publicly displayed or offered. C.Minimum lot size. The minimum lot size shall be five acres for the growing of crops and plants, and 10 acres for keeping of livestock or poultry. [Amended 9-26-2000 by L.L. No. 5-2000] § 194-48. Obnoxious uses.   No process or activity shall be permitted in any district which is obnoxious or offensive by reason of odor, dust, fumes, smoke, gas, vibration, radiation, glare, noise or that which constitutes a public hazard by reason of unreasonable fire, explosion or otherwise. § 194-49. Accessory uses.   In any district where permitted, customary accessory uses shall: A.Incidental. Be clearly incidental to the principal use. B.Nonbusiness. Not include any activity commonly conducted as a business except where allowed by special permit, and in that event, the obtaining of a special permit shall be required. C.Other prohibitions. Shall not be interpreted to allow a use which, under the provisions of this law, requires a special permit or variance, unless such special permit or variance is obtained, or be interpreted to allow a use which is otherwise prohibited by the chapter. § 194-50. Lots subject to flooding. A.For the purpose of safeguarding the public health and safety, preventing pollution or contamination of public watercourses, protecting watershed areas and natural aesthetic conditions and protecting persons and property in time of flood, there shall be no residential buildings or structures erected, built or otherwise placed and no private sanitary disposal system or water supply system located on land along watercourses in the Town of East Fishkill where areas are subject to periodic inundation and flooding by the one-hundred-year flood, or as delineated by the United States Department of Housing and Urban Development Flood Hazard Boundary Maps as adopted by the Town of East Fishkill on August 12, 1976. B.All residential buildings located on land along watercourses in the Town of East Fishkill but outside the flood hazard boundary shall have the lowest habitable floor (basement or other) elevated to at least one foot above the one-hundred-year flood level. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE X,                     § 194-50. Lots subject to flooding.   C.Such uses as shall not be endangered by periodic or occasional inundation or as shall not procure unsatisfactory living conditions may be allowed by a special permit, at the discretion of the Zoning Board of Appeals. D.In the event of uncertainty as to the delineation of the flood hazard boundary or any lot or parcel, said boundary in question shall be determined by resolution of the Town Board based upon topographic and engineering data as provided by the applicant or information otherwise available to the Town Board, and the Housing and Urban Development Flood Hazard Boundary Map shall be amended where applicable. § 194-51. Temporary office and storage.   Temporary office and temporary storage of equipment is allowed, provided that: A.Construction related. Both must be in connection with construction on the lot. B.Removal. Both must be removed before a certificate of occupancy is granted. § 194-52.  Parking of commercial vehicles in residential zone.  [Amended 11-14-2002 by L.L. No. 9-2002] Accessory parking, permitted as a right in residential zones (see Schedule of Permitted Uses) shall authorize the parking of one van or panel truck associated with a normal retail or service business, but shall not authorize the parking of commercial or nonpassenger vehicles that exceed 25,000 pounds GVWR, or two axles. Examples of vehicles not permitted to park in residential zones include, but are not limited to. commercial vehicles such as tractor-trailer cabs or bodies, moving vans, landscaping vehicles, hydraulic lift vehicles (a/k/a "cherry pickers") or any excavation or earth-moving equipment, including bulldozers, backhoes, soil separation equipment, lawn maintenance equipment or related trailer bodies used to convey such equipment.  § 194-53. Planned business neighborhood. A.Vehicular access shall be allowed only at a maximum of two locations along the street line. On a state or a county highway, the locations must be approved by the respective agency having jurisdiction. B.Outdoor storage or display shall not be allowed except by special permit for special sale days by the entire shopping center. C.A buffer strip of a five-foot-high dense evergreen screen or equal substitute shall be provided along any property line that abuts a residential district. The width of this buffer strip shall be a minimum of 15 feet and shall serve only this purpose. D.In addition to signs allowed in § 194-111, there shall be allowed not more than one freestanding sign with an area not to exceed 50 square feet, which shall designate the entire shopping center. E.Within the total area required for off-street parking, a minimum of 8% of that area shall be landscaped with trees, shrubs, grass areas or other landscaping material per a schedule submitted with the site plan. This landscaped area shall afford an opportunity to maintain the aesthetics of the town and act as guides for circulation and parking of vehicles. § 194-54. Planned commercial parks. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE X,                     § 194-54. Planned commercial parks.   A.Vehicular access shall be allowed at a maximum of two locations along the frontage of the parcel except in the case of an exceptionally large holding wherein the traffic circulation will be improved and safety maintained if additional access is provided. Outdoor storage or displays shall not be allowed except by the issuance of a special permit for an activity that is being promoted by the entire complex. B.A landscaped buffer strip of a minimum width of 25 feet shall be provided along any property line that abuts a residential district. In addition, the side yard shall be increased to 100 feet if the building abuts a residential district. The landscaped buffer strip shall act as an effective screening device and shall not be used for any other purpose. C.In addition to signs allowed in § 194-111, there shall be allowed not more than one freestanding sign with an area not to exceed 50 square feet at each entrance, or a single freestanding sign for the identification of the center whose size shall not exceed 80 square feet. All signs to be placed within the center or on buildings within the center shall have the approval of the developer or complex owner prior to the application for a sign permit. D.Within the total area required for off-street parking, a minimum of 8% of that area shall be landscaped with trees, shrubs, grass or other landscaping materials per a schedule to be submitted with the site plan. This landscaped area shall afford an opportunity to maintain the aesthetics of the town and act as guides for the circulation and parking of vehicles. § 194-55. Planned research and development parks. [Added 6-14-1979 by L.L. No. 4-1979] A.Vehicular access shall be allowed at a maximum of two locations along the boundary of the parcel property, except in the case of a large holding wherein the traffic circulation and/or safety can be maintained and/or improved if additional access is provided. Outdoor storage or displays shall not be allowed except by the issuance of a special permit for an activity that is being promoted by the entire complex. B.A landscaped buffer strip of a minimum width of 35 feet shall be provided along any property line that abuts a residential district. The landscaped buffer strip shall act as an effective screening device and shall not be used for any other purpose. C.In addition to signs allowed in § 194-111, there shall be allowed not more than one freestanding sign with an area not to exceed 50 square feet at each entrance or a single freestanding sign for the identification of the renter whose size shall not exceed 80 square feet. All signs to be placed within the center or on buildings within the center shall have the approval of the developer or complex owner prior to application for a sign permit. D.Within the total area required for off-street parking, a minimum of 8% of that area shall be landscaped with trees, shrubs, grass or other landscaping materials per a schedule to be submitted with the site plan. The landscaped area shall afford an opportunity to maintain the aesthetics of the town and act as guides for the circulation and parking of vehicles. E.Consideration for rezoning of parcels to PRDP Zone. [Added 8-24-1993 by L.L. No. 4-1993] (1)Where lots smaller than five acres, but at least 1.5 acres in size, were lawfully created prior to the effective date of this subsection (September 9, 1993), the Town Board may consider such parcels eligible for rezoning to PRDP, and may approve a rezoning to PRDP under the reduced bulk standards established herein, if it finds that such rezoning would benefit the town. The decision to approve, or decline to approve, such a rezoning is a purely legislative determination entirely within the legislative discretion of the Town Board. The Town Board shall have the right to reject any petition for PRDP rezoning at any stage of the proceedings. EN (2)Parcels will be eligible for consideration under this subsection if they meet the following requirements: (a)The lot(s) to be rezoned were created prior to the effective date of this subsection (September 1993); (b)A portion of the parcel is within 1,000 feet of an existing state or county road; (c)The parcel has access to a state or county highway over an improved road acceptable to the Town Board, having a minimum fifty-foot right-of-way, and having provided sufficient proof to the Town Board of future maintenance of the access roadway; and _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE X,                     § 194-55. Planned research and development parks.  [Added 6-14-1979 by L.L. No. 4-1979]   (d)The parcel meets the standards contained in § 194-55A through D of the Zoning Code, or, alternatively, that the property is already developed, pursuant to a site plan approved by the Town Planning Board. (3)If the Town Board, in its discretion, determines to rezone such preexisting parcels to PRDP, the following bulk standards will apply for new construction: (a)Minimum lot size: 1.5 acres. (b)Minimum open space requirement: 20%. (c)Maximum FAR: 0.3 (d)Minimum lot width at the building line: 100 feet. (e)Minimum yards: front, 50 feet; side, 20 feet on one side or 40 feet combined both sides; rear, 30 feet. (f)Minimum landscaping of 25 feet in front yard and 10 feet in side and rear yards. (g)Maximum height: three stories/40 feet. (h)Minimum yard distance of 100 feet from Route 52 to any building line. (4)Except as explicitly provided in this Section E, all other standards of §§ 194-15 and 194-55A to D shall apply. (5)Developed lots which are already improved with existing buildings pursuant to an approved site plan shall be deemed conforming. ARTICLE XI, Planning Board Special Permits - Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985] § 194-56. General.   In any district where permitted, the Planning Board may grant a special permit to establish the following uses, 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 article. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XI, Planning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-57. Hospitals.   § 194-57. Hospitals. A.Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit hospitals in any district where permitted, 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. EN B.Purposes. (1)Flexibility of design and development. 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.Standards. (1)Setbacks. Buildings shall not be less than 100 feet from the street line and not less than 200 feet from any property line. (2)Location. Hospitals shall be permitted only in locations fronting on or having direct access to state or county highways, or the major collector roads as determined by the Planning Board. (3)Coverage. Building coverage, including accessory buildings, shall not exceed 20% of the lot area, nor shall the sum total of the land covered with buildings and parking area, including driveways, exceed 50% of the lot area. (4)Buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 194-109 (Landscaping, screening and buffer area) of the Zoning Chapter, shall be required along all lot lines adjoining properties in residential districts. § 194-58. Hotels and motels. [Amended 6-12-1986 by L.L. No. 4-1986] A.Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit hotels and motels in any district where permitted, 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.EN B.Purposes. (1)Flexibility of design and development. Permit flexibility of design and development in such 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. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XI, Planning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-58. Hotels and motels. [Amended 6-12-1986 by L. L. No. 4-1986]   C.Standards. (1)Use. Use of a hotel or motel site and any buildings or structures thereon shall be limited to the usual hotel or motel activities, as defined herein, and accessory uses incidental to the operation of a hotel or motel, and of the same general character, including but not necessarily limited to the following, provided that all accessory uses shall be planned as an integral part of the hotel or motel and located on the same site therewith: (a)Residence. One house or apartment with or without kitchen facilities for the use of the hotel or motel manager and caretaker and his family. (b)Restaurants. Restaurants, serving either hotel or motel guests exclusively or the general public, provided that no music or other sound shall be audible beyond the boundaries of the lot on which the use is constructed. (c)Recreation facilities. Amusement and sport facilities for the exclusive use of hotel or motel guests, including swimming pools, children's playgrounds, tennis or other game courts and game or recreation rooms, and not including membership clubs. (d)Parking. Automobile parking garages or carports for the exclusive use of hotel or motel patrons, and off-street parking spaces. (e)Office and lobby. Office and lobby, provision of which shall be mandatory for each hotel or motel. (2)Occupancy. Occupancy for any guest shall be limited to not more than 30 days in any ninety-day period. In no case are hotel or motel units to be used as apartments for nontransient tenants. (3)Dimensions. (a)Site. The site for each hotel or motel shall have frontage of at least 400 feet on a state or county highway. (b)Setbacks. The minimum setback requirements are as follows: Minimum Setback from All MinimumProperty LinesMinimum Top of Form Bottom of Form   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XI, Planning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-58. Hotels and motels. [Amended 6-12-1986 by L. L. No. 4-1986]   SetbackAdjacent toSetback from fromResidentialAll Other All RoadsDistrictsProperty Lines (feet)(feet)(feet)   Hotels or motels5010050 and restaurants   Signs255025   All other buildings50100100 and structures and all outdoor facilities (c)Coverage. All principal and accessory buildings shall cover a total of not more than 15% of the site. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XI, Planning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-58. Hotels and motels. [Amended 6-12-1986 by L. L. No. 4-1986]   (d)Building height. No buildings or structures shall be more than 35 feet in height. (e)Length. The maximum length of any hotel or motel building shall not exceed 300 feet. (4)Hotel or motel room. (a)Interconnections. Hotel or motel sleeping rooms shall not be interconnected by interior doors in groups of more than two. (b)Size. Each sleeping room shall have an area, inclusive of bathroom and closet space, of at least 225 square feet. (5)Access and service roads. Access and service roads shall be properly related to public streets and highways so as to avoid unsafe conditions and traffic congestion. Points of ingress and egress shall be limited to a total of two on any street. No backing of cars onto any highway shall be permitted. (a)Off-street parking. Where a hotel or motel includes a restaurant or other eating and drinking facilities, required parking space shall be provided for such facilities, in addition to required parking spaces for sleeping rooms and other floor space. EN (b)Signs. Signs shall be subject to § 194-111, Signs, except that no sign shall be erected which faces an adjacent school, park or residential property, except as set forth above. A sign shall be considered to face a school, park or property if it is located within 200 feet of and/or can be read from such school, park or property. § 194-59. Large-scale recreation developments and camps. A.Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit large-scale recreational developments and camps in any district where permitted, 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.EN B.Purposes. (1)Flexibility of design and development. 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.Eligible uses. The following recreational uses, allowed in such developments, shall be appropriate in size and suitably located to serve the needs of the development and shall not create any detrimental influences inside or outside the boundaries thereof: camps, private parks, playgrounds, golf courses, membership clubs, riding academies, recreation resorts, cultural facilities, motels, restaurants and retail sales facilities clearly incidental to the recreational use. D.Standards. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XI, Planning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-59. Large- scale recreation developments and camps.   (1)Location and use. Where such developments do not front on or have direct access to a major or collector road as determined by the Planning Board, the intensity of use shall be limited by the Planning Board to the extent necessary to assure that the expected average traffic generation of such use will not exceed that which would be expected if the premises were developed for permitted residential uses. (2)Minimum lot. Minimum area of the recreational development shall be 50 acres and such development may be considered as one lot. (3)Setback. No structure shall be within 250 feet of any street or property line. (4)Buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 194-109, shall be required along all lot lines adjoining properties in residential districts. (5)Setback special requirements. All active recreational facilities, such as tennis courts and swimming pools, shall be located out-of-doors except where the scale of buildings and setbacks are such that they will relate harmoniously to the existing residential character of the district in which they are located, and shall be set back from adjacent residential property boundaries at least twice the minimum distance required for residential buildings in said district except that the Planning Board may permit a reduction of this additional setback requirement where, because of topography or the installation of additional buffer landscaping and/or fencing, the Planning Board determines that any potential adverse external effect of such use can be effectively reduced. (6)Coverage. Buildings shall not cover more than 15% of the total area of the development. (7)Adverse effects. Appropriate safety measures, devices, screening or yard as required to avoid or minimize any adverse effects on the development itself or in the surrounding area shall be provided. § 194-60. Churches, schools and other public uses. A.Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit churches or other places of worship, schools and libraries in any district where permitted, 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. EN B.Purposes. (1)Flexibility of design and development. 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.Applicability. (1)Churches. Churches include churches or other places of worship, including parish houses, church school rooms, convents or rectories. (2)Schools. Schools include public schools and private or parochial elementary or high schools. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XI, Planning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-60. Churches, schools and other public uses.   (3)Public uses. Public uses include nongovernmental uses operated for public benefit or education such as libraries or similar institutions. D.Standards. (1)Location. The uses listed in this subsection may be permitted only in locations fronting on or having direct access to state or county highways, or the major collector roads as determined by the Planning Board. (2)Coverage. Building coverage, including accessory buildings, shall not exceed 20% of the lot area, nor shall the sum total of the land covered with buildings and parking area, including driveways, exceed 50% of the lot area. Church cemeteries shall be excluded from coverage estimates. (3)Setbacks. (a)Buildings. All new buildings shall be set back from adjoining properties in residential districts, and street lines directly opposite properties in residential districts, a distance equal to at least twice the normally applicable front yard setback requirement for detached one-family dwellings in the zoning district in which they are located, but in no case less than 50 feet. (b)Existing buildings. Setback requirements may be modified by the Town Board in cases of conversions of existing buildings. (c)Off-street parking. Off-street parking areas shall not be permitted in any required front yard, nor in any required side or rear yard within 20 feet of any adjoining property in a residential district. (d)Church cemeteries and columbariums. Church cemeteries of less than four acres and columbariums shall be subject to the same setbacks as new buildings. Church cemeteries of more than four acres shall be subject to the guidelines and requirements of cemeteries, as set forth in § 194-69, Cemeteries. (4)Buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 194-109, Landscaping, screening and buffer area, of this chapter, shall be required along all lot lines adjoining properties in residential districts. § 194-61. Commercial stables and riding academies. EN   In any district where permitted, commercial stables and riding academies may be permitted, 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. A.Minimum acreage. The lot is a minimum of 10 acres. B.Setback. No building in which horses are kept shall be closer than 250 feet to any adjoining lot line. C.Shelter. The horses shall be stabled or housed in a structure with adequate shelter, ventilation, light and drainage. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XI, Planning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-61. Commercial stables and riding academies.   D.Feed containers. All feed shall be stored in rodentproof containers. E.Storage of manure. No storage of manure shall be permitted to exceed 10 cubic yards in quantity to be located within 250 feet of a property line, watercourse or wetland area. Additionally, adequate provision for manure management shall be reviewed and approved by the Zoning Board of Appeals. F.Dwelling units. There shall be no dwelling unit in the same building in which horses are stabled or housed, except as specifically authorized by the Zoning Board of Appeals as part of the special permit. The Zoning Board can grant such permit only on a finding that no health hazard will be created, shall only be for a professional caretaker for the stable, and the dwelling unit shall meet all applicable building, housing, fire and sanitary codes. G.Confinement. Horses shall be adequately confined to protect life and property. H.Dude ranches. Dude ranches shall not be allowed under this section. I.Number of horses. In no event shall the number of horses allowed exceed one horse per half acre of land. However, the Zoning Board of Appeals may further limit the number of horses based upon considerations of land terrain, such as steep slopes or wetlands. J.Site plan. Site plan approval by the Planning Board is required. K.Other. All applicable standards for farms shall be met. § 194-62. Nursing homes and alternative care housing. A.Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit nursing homes and alternative care housing in all residential districts, 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. EN B.Purposes. (1)Flexibility of design and development. 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. (3)Make alternative care housing possible. Make alternative care housing possible for those persons who are unable to live independently at a particular time. (4)Well balanced population. Achieve a well balanced population through the utilization of a controlled growth approach. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XI, Planning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-62. Nursing homes and alternative care housing.    (5)Integration. Achieve an acceptance of integration of alternative care housing residents into the community without creating a negative environment for the residents of the alternative care housing facility, as well as the residents of the community. C.Applicability. This section applies to nursing homes and alternative care housing (ACH). Alternative care housing (ACH) facilities include but are not limited to community residences, supervised living facilities, supportive living facilities, family care homes, private property homes for adults, proprietary homes for adults, proprietary residences for adults, boarding and rooming houses, nursing homes, domiciliary care facilities, residential schools for the developmentally disabled, and other like facilities as determined by the Planning Board. The permitting of the above facilities in all residential districts by special permit shall be in accordance with the purposes, standards and procedures as follows. D.Standards. (1)Number of facilities. The Community Environment Standards adopted in a Statement of Principle by the State Department of Mental Hygiene and the State Board of Social Welfare states that: "A concentration of residences in a single neighborhood would be detrimental not only to the community, but to the clients of the facility as well." To avoid a negative impact on the neighborhood as well as the residents of alternative care housing, the approval shall be limited to one facility within a one-mile radius. The one-mile radius shall be measured from closest lot line to closest lot line. (2)Location. The uses listed in this subsection may be permitted only in locations fronting on and having direct access to state or county highways, or the major or collector roads as determined by the Planning Board. (3)Site size. The minimum site size shall be four acres. (4)Density. The maximum density requirements are as follows: Residential ZoningMaximum Number of DistrictResident Beds Permitted   R-46 Beds/Acre R-26 Beds/Acre R-16 Beds/Acre R-1/26 Beds/Acre R-1/36 Beds/Acre _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XI, Planning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-62. Nursing homes and alternative care housing.    R-1/46 Beds/Acre (5)Dimensions. The setbacks, height, bulk and minimum frontage for the underlying zoning district shall apply, but in no case shall structures other than a fence, wall or sign encroach onto a minimum front, side and rear yard of 100 feet; in no case shall parking be placed closer to a front, side or rear property line than 25 feet; and in no case building coverage, including accessory buildings, shall exceed 10% of the lot area, nor shall the sum total of land covered with buildings and parking, including driveways, exceed 30% of the lot area, within any residential district. (6)Buffer area. A landscaped buffer area shall be required to screen and protect neighboring residential properties from the view of uses and parking areas on the site. It shall be at least 10 feet in depth along any lot line abutting or directly across the street from a lot in a residential district. The buffer shall be of evergreen planting of such type, height and spacing as determined by the Planning Board. The plan and specifications for such planting shall be filed with the approved plan for the use of the lot. A wall, or fence of location, height and design approved by the Planning Board may be substituted for the required planting. (7)Visual impact. The visual impact of the facility should, to the extent possible, be consistent with the residential character of the zoning district. Signs shall not be more than 10 square feet in area and illuminated only by indirect lighting. All lighting shall be indirect so that the source is not seen from adjacent residential property. Wherever appropriate and possible, landscaping shall be provided to screen parking areas and buildings from the road and adjacent residential property. (8)Recreation. Provisions for recreation for ACH residents shall be provided with at least 10% of the total land area developed for both active and passive outdoor recreational uses. (9)Parking. A minimum of one parking space per each two resident beds is required on the site, with a minimum of six spaces. One off-street loading space shall be provided for each 100 patient beds or major portion thereof. (10)Occupancy and building type. The building may be occupied only by patients, staff members and the family of the owner or of one staff member. Any building to be used for convalescent or nursing home purposes shall be of fireproof construction and not more than two stories in height. (11)Building codes. New and/or existing structures shall be constructed, altered and renovated in accordance with the New York State Uniform Building and Fire Code and the regulatory agency(s) construction code and subject to County Health Department and Town Fire Department approvals. (12)Other requirements. In addition to the special standards described above, convalescent nursing homes and alternative care housing shall comply with any other requirements of the Zoning Chapter, including the general standards applicable to special permits, and all other applicable laws and regulations governing convalescent and nursing homes and alternative care housing. E.Procedure. (1)Application. Information to accompany the site plan and application shall include: (a)Classification. Specific classification of the residence and the name of the regulatory agency(s). (b)Correspondence. Copies of all correspondence between the applicant and the regulatory agency(s). (c)Types of residents. Types of residents to be housed. (d)Number of residents. Current, expected and projected number of residents to be housed. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XI, Planning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-62. Nursing homes and alternative care housing.    (e)Employment. Will residents need employment? (f)Community facilities needed. What community facilities and services will the residents require. Will residents become the responsibility of the school system? (g)Integration plan. Describe the plan to integrate the residents into the community socially-economically. (h)Number of employees. Number of staff-employees residing on the premises, and number of nonresident staff-employees. (i)Community services needed. What community services will the facility require, i.e., sewerage, water, utilities, refuse, postal service, etc.? How provided? (j)Transportation plan. Describe transportation methods to be provided to serve residents' needs and proposed traffic generation and circulation date. (k)Recreation plan. Describe planned active and passive activities providing pleasant occupations, amusements and diversions. (l)Operating plan. Operating plan as it pertains to the other items. (m)Other. Other information requested by the Planning Board. (2)Other approvals and procedures. Special permit approval is subject to the licensing procedures of the County and State Department of Mental Hygiene, Department of Social Services, and the Board of Social Welfare, or any other appropriate state or county agency. A certificate of occupancy shall not be issued by the Zoning Enforcement Officer until a license is granted and a copy presented to the Planning Board. Any change to the current status shall require a new special permit application. § 194-63. Day-care facilities. [Added 6-12-1986 by L.L. No. 3-1986] A.Authority of the Planning Board. Authority is hereby granted to the Planning Board, Town of East Fishkill to permit day-care facilities within any residential district of the town 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. EN B.Purposes. To provide facilities for the care of young children (under six years of age) during the normal business day so that parents and guardians may have work opportunities enhanced, play and social interaction opportunities for their children increased and learning opportunities provided. C.Applicability. These regulations shall apply to all day-care facilities. For purposes of this chapter such facilities shall be divided into two groups: (1)Family day-care home. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XI, Planning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-63. Day-care facilities. [Added 6-12-1986 by L. L. No. 3-1986]   (2)Day-care center or nursery school. D.Family day-care home standards. Family day-care homes must meet the following standards: (1)The Planning Board must find that the home is a private residence and meets all applicable zoning requirements. (2)The proposed provider must be certified by the Dutchess County Department of Social Services or its appointed agent that he or she meets the requirements of the Department and has received clearance from the Central Registry on Child Abuse. (3)A map, drawing or photograph shall be submitted to the Planning Board sufficient for the Board to make a determination that automobile access, egress and drop-off is safe and within reasonable proximity to the house. The Planning Board may waive further site plan review. It shall be the intent of this section that the special permit be granted within one meeting if the above requirements are met. E.Day-care centers or nursery school day-care centers must meet the following standards: (1)State regulatory compliance. The center's operator shall show compliance with the regulations of the New York State Department of Social Services. (2)Location. Day-care centers shall be located fronting on, and with access to, state or county roads or major local roads providing an arterial or collector function as determined by the Planning Board. (3)Dimensions. The setbacks, height, bulk and minimum frontage for the underlying zoning district shall apply. However, in no case shall any building be less than 100 feet from an adjacent residence nor shall parking be placed closer to a front, side or rear property line than 25 feet. (4)Parking. A minimum of one parking space for each employee shall be provided and visitor and drop-off parking in the amount of one space per five children. (5)Site plan review. The proposed use shall be subject to site plan review by the Planning Board. The Board shall particularly examine any proposed facility in a residential district to be certain that the visual impact of the facility is, to the extent possible, consistent with the residential character of the zoning district. § 194-64. Historic structures. A.Applicability. This section shall apply to any structure within the Town of East Fishkill that is listed on the National Register of Historic Places or that is included in the Historic Structures Survey, dated June 1984, for the Town of East Fishkill, as amended from time to time by the Town Board. B.Purpose. The purpose of this section is to assist in the preservation of the cultural heritage of the Town of East Fishkill by allowing specialized uses to be permitted in structures of historic and architectural merit. C.Uses permitted by special permit. The following uses may be permitted by special permit granted by the Planning Board, 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. EN _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XI, Planning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-64. Historic structures.   (1)Specialized business uses of low traffic volume, normally associated with history, the arts or cultural uses, appropriate to the structure and compatible with the neighborhood. Such uses may include: (a)Artists' or artisans' studios. (b)Art galleries. (c)Antique shops. (d)Rare book, coin or stamp shops. (2)Residential or professional uses, provided that they are appropriate to the structure, compatible with the neighborhood and are located on a state or county road that can accommodate increased traffic. These uses may include the following: (a)Sit down restaurants not to exceed an average seating capacity of 50 unless the preservation of the structure necessitates a larger size. (b)Bed-and-breakfast not to exceed 12 rooms. (c)Professional offices not to exceed six employees. (d)Multifamily residential use not to exceed four units D.Requirements of special permit. (1)A site plan shall be submitted to the Planning Board to accompany any special permit application for historic structures. The site plan shall be accompanied by schematic architectural drawings which shall show the existing conditions of the structure, and the proposed restoration. The Planning Board shall receive a report from the Architectural Review Board (ARB) as to the appropriateness of the proposed restoration and its compliance with the Secretary of the Interior's national standards for the restoration of historic structures. Upon receipt of the ARB report, the Planning Board must make the following findings before approval is granted: (a)The exterior (and where appropriate, the interior) restoration shall maintain the architectural and historic integrity of the structure. (b)The proposed use is compatible with the neighborhood and activities permitted within the structure can adequately be buffered from any surrounding residential home. (c)The resulting traffic generation will not overburden existing roads and adequate parking can be provided without unduly destroying the landscape or the setting of the structure. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XI, Planning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-64. Historic structures.   (d)The proposed use is appropriate to the structure, will aid in the preservation of the structure and will not result in undue additions or enlargement to the structure. (2)These standards shall be in addition to the general special permit standards set forth in § 194-44. § 194-65. Subdivision recreation areas. [Added 2-19-1987 by L.L. No. 2-1987] A.Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill to permit subdivision recreation areas in any district where permitted, 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. EN B.Purposes. (1)Purpose and intent. Provision of recreational services as an integral part of a subdivision plan. It is the intent of this section to provide the Planning Board with flexibility to allow the provision of accessory and subordinate recreational services to serve the needs of residents of a subdivision. Such recreation areas might include facilities such as tennis courts, swimming pools, club house facilities and other recreational uses. They are not intended to be open to the public or persons other than residents of the subdivision they are designed to serve. (2)Compatibility with neighborhood. At the same time, these facilities should be designed in a manner which is harmonious with the town's Master Plan and the neighborhood character of the subdivision being created. C.Standards. (1)Requirements. The recreation area shall at least meet the standards of § 194-95, Private swimming pools and tennis courts, as to enclosures, coverage and setback requirements. Where required, the Planning Board can impose more stringent requirements. (2)Area. The Planning Board shall be satisfied that the size of the recreation area is sufficient to serve its intended purposes. (3)Buffer areas. A landscaped buffer area shall be required along all lot lines adjoining properties in residential districts in order to assure compatibility with neighboring residential uses. D.Maintenance. The Planning Board shall be satisfied that the facilities to be constructed will be adequately maintained and supervised, either through a homeowner's association or other appropriate means. § 194-66. Stationary solicitors, peddlers and vendors. [Added 9-14-1989 by L.L. No. 5-1989] A.Authority of the Planing Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit a solicitor, peddler or vendor using either a vehicle or stand, in any commercial or industrial district where permitted, by a temporary 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.EN B.Purposes. To permit a temporary use, on a seasonal or annual basis, of land by a stationary solicitor, peddler or vendor who sells food or goods from the same location for more than five consecutive days, as defined in § 140-1, 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, to diminish potential traffic and safety hazards and to otherwise encourage the most appropriate use of land. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XI, Planning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-66. Stationary solicitors,  peddlers and vendors. [Added 9-14-1989 by L.L. No. 5-1989]   C.Applicability. These regulations shall apply to any stationary solicitor, peddler or vendor, as defined in § 140-1, who sells food or goods from the same location for more than five consecutive days. D.Standards. (1)Permission of property owner. Any vendor who would use any part of a private property should demonstrate permission of the property owner to the Planning Board. (2)Location. No vehicle or stand from which goods or food is sold shall be located so as to impede the free and safe flow of traffic or to obstruct the use of any driveway or roadway. (3)Parking. The Planning Board shall review the proposed parking and shall require adequate parking to ensure that parked cars do not obstruct the road and present a safety hazard. (4)A vendor must comply with all conditions of Chapter 140, Peddling and Soliciting, regulation and licensing vendors, including any prohibitions on location. (5)Renewal. The holder of a temporary special use permit shall apply for one renewal for a one-year period by application to the Planning Board. The Planning Board shall review this application for: (a)Compliance and adequacy of conditions imposed to protect safety and welfare of residents. (b)Compliance with regulations of East Fishkill Code. (c)Whether the proposed renewal involves any changes in location or parking requirements. § 194-67. Outdoor recreation developments. [Added 10-24-1996 by L.L. No. 11-1996] A.Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit outdoor recreation developments in B-1 zones, 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. EN B.Purposes. (1)Flexibility of design and development. 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. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XI, Planning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-67. Outdoor recreation developments. [Added 10- 24-1996 by L.L. No. 11-1996]   C.Eligible uses. The following recreational uses are allowed in such developments: (1)Golf driving range. (2)Miniature and pitch and putt golf. (3)Golf putting greens. (4)Baseball/softball batting cages. (5)Tennis courts. (6)Freestyle ice skating and such other uses as the Zoning Board may deem similar to those above listed, and in conformance with the definition of outdoor recreation developments. D.Permissible accessory uses. Outdoor recreation uses may be accompanied by customary accessory uses, incidental to the primary use. Permissible indoor activities must be clearly subordinate to and accessory to the primary outdoor use. Permissible indoor activities may include food service facilities, meeting and assembly rooms, video computer game facilities, sales of sport or exercise-related equipment or clothing, and other similar customary accessory uses. Permissible accessory uses shall not include the sale, serving or consumption of alcoholic beverages. Billiards and pool are not included as permissible accessory uses. E.Standards. (1)Location and use. Such development shall have frontage on a state highway, and such frontage shall be used as the sole means of access to the site. (2)Minimum lot size. Minimum lot size for a recreational development shall be 10 acres. (3)Building setbacks. No building shall be closer than 100 feet from the front property line, 100 feet from the rear property line, or 50 feet from a side line. Where an outdoor recreation development abuts a residential zone, the minimum building setback shall be: Front100 feet Rear200 feet Side100 feet _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XI, Planning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-67. Outdoor recreation developments. [Added 10- 24-1996 by L.L. No. 11-1996]   (4)Setbacks for recreation activities: All active recreational facilities, including driving ranges and batting cages, shall be set back at least the following minimum distances from the property line: Front100 feet Rear25 feet Side25 feet (5)Where any property line of an outdoor recreation development abuts a residential zone, the minimum setback on any property line abutting a residential district shall increase to: Front100 feet (no increase) Rear50 feet Side50 feet (6)Setback and landscape buffer-parking. All parking facilities shall meet the minimum parking setback and landscaping requirements of § 194-116 of the East Fishkill Code. (7)Buffer area facing residential property lines. A landscape buffer shall be provided of not less than 25 foot depth along any lot line abutting or directly across the street from a lot in a residential district. The Planning 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. (8)Building coverage. Buildings shall not cover more than 5% of the total area of the development. (9)Total lot coverage. The total lot coverage of buildings and paved areas shall not exceed 35%. Golf driving ranges and greens shall be counted as open space, so long as they are used for no other purpose. If they are used for other purposes, they shall be counted as improved space for purposes of coverage. (10)Off-street parking. Parking shall be provided as follows: Batting cage or driving1.1 space for each tee or station range station _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XI, Planning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-67. Outdoor recreation developments. [Added 10- 24-1996 by L.L. No. 11-1996]     Tennis courts2.5 spaces for each court   Miniature golf2 spaces per hole for the first 18 holes, and 1 space per hole for any additional holes   Pitch and putt25 spaces per nine holes   Ice skating rink1 per 200 square foot of rink area   Meeting/assembly space0.35 spaces per person of permitted maximum occupancy (11)Fencing. Active recreational facilities such as tennis courts, batting cages, golf driving ranges, shall be fenced in a manner sufficient to meet applicable standards regulating such uses, and subject to the review and approval of the Planning Board relative to location, type, color, height and width of such fencing. § 194-67.1.  Shared driveways.  [Added 11-14-2002 by L.L. No. 9-2002]  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XI, Planning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-67.1.  Shared driveways.  [Added 11-14- 2002 by L.L. No. 9-2002]   A.Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit shared driveways in all residential 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.  (1)Shared driveways reduce the number of curb cuts along the street, improving access management and reducing the number of potential intersections and turning movements.  (2)Shared driveways can reduce adverse impacts to environmentally sensitive lands.    C.Standards.  (1)Maximum number of lots. The maximum number of lots sharing a driveway shall be three.  (2)Minimum area of each lot (not including any portion of shared driveway): 1.5 acres.  (3)Width. The width of the traveled way of the shared portion of the driveway shall be 16 feet with a two-foot cleared shoulder on each side.  (4)Length. The shared portion of the driveway shall in no event be longer than 1/4 mile.  (5)Agreements for construction and maintenance. Appropriate legal agreements/declarations shall be provided to assure proper construction and maintenance of the driveway.  (6)Buffering/Screening. Where appropriate, the Board may require additional screening or buffering to insure privacy to lots.  (7)Shared driveways shall be constructed to the standards of the driveway specifications in the Town Highway Specifications (presently § A197-76).       ARTICLE XII, Zoning Board Special Permits - Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985] § 194-68. General.   In any district where permitted, the Zoning Board of Appeals may grant a special permit to establish the following uses, 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 article. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-69.  Cemeteries.  [Amended 6-14-2001 by L.L.  No. 3-2001]   § 194-69.  Cemeteries.  [Amended 6-14-2001 by L.L. No. 3-2001] The Zoning Board of Appeals may grant a special permit to establish cemeteries, 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.  A.Church cemeteries. (1)Internal columbariums. Columbariums shall be allowed within or as an integral part of a church building or accessory church building or structure without a permit. (2)Church cemeteries of less than four acres and columbariums other than those described in Subsection A(1) shall be set back from streets and adjacent property lines at least 50 feet. Such setback areas shall be suitably landscaped and planted. (3)Church cemeteries more than four acres. These cemeteries shall be subject to the same requirements as those set forth in Subsection B herein. B.All other cemeteries. Cemeteries may be permitted, by special permit, in all residential districts, subject to the following conditions: (1)Setback. No interment shall take place within 150 feet of any street or 100 feet from any other property line. (2)Buffer. Such buffer strip shall be suitably landscaped and planted, as determined by the Zoning Board of Appeals. § 194-70.  Permit for preparation of mulching materials.   [Added 2-12-1998 by L.L. No. 2-1998; amended 6-14-2001 by L.L. No. 3-2001] The Zoning Board of Appeals may grant a special permit for preparation of mulching materials, 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. Temporary use of property for the preparation of mulch materials may be established upon the properties listed herein, by special permit, upon a finding by the Zoning Board of Appeals that mining has permanently ceased on the property, that such mulching use would materially aid in the timely reclamation of the site, that the proposed use is in conformity with the standards applicable to special uses as listed in § 194-49, and that the proposed use conforms to the specific standards set forth in § 194-70. No area variances of the standards of § 194-70 shall be granted by the Zoning Board of Appeals. In providing that no area variances may be given from any of the standards set forth to qualify for such special permits, it is the town's specific intention to supersede the provisions of Town Law 274-b, Subdivision 3, (L.1992, ch. 694) insofar as this section has been interpreted to allow the granting of such area variances.  A.Eligible properties. Only the following properties are eligible for the issuance of this special permit. These properties have been found by the Town Board to be the only properties which are sites of a former mine in a residential zone, where mining has commenced prior to 1982, but the property has never been properly reclaimed, and where the owner has represented and is willing to assure that mining has now permanently ceased: (1)The property known as "Stormville Dolomite," consisting of three tax map parcels, 6656-00-080999 (6.72 acres); 6656-00-048998 (16.44 acres); and 6656-00-001956 (9.50 acres), such property presently owned by Southern Dutchess Land Holdings, Ltd. B.Scope of special permit. The special permit shall initially be granted for only a period of time, up to a maximum of two years, as determined by the Zoning Board. The Zoning Board may renew or extend this permit, in its discretion, for good cause shown, provided that the applicant shows compliance with all conditions of the original permit, and a satisfactory rate of progress in completing the site reclamation. All extensions will be subject to all provisions of this section and any additional conditions imposed by the Zoning Board of Appeals. No extension of the permit shall be granted unless the applicant has complied with all conditions of a previously issued permit. On each extension, the Zoning Board shall review the matter to assure that the application continues to meet the standards of § 194-49 and this section. Periods of extension of the permit shall be for no more than one year. The special permit, including all its extension periods, shall not exceed the period of time necessary to complete reclamation, and in no event shall the total period of operations under the special permit and all extensions exceed eight years. C.General site and lot requirements. The following shall be the minimum requirements to qualify for issuance of the special permit: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-70.   Permit for preparation of mulching materials.   [Added 2-12-1998 by L. L. No. 2-1998; amended 6-14-2001 by L.L. No. 3   Minimum lot area10 acres   Minimum lot75 feet frontage   Minimum setback of screening,400 feet grinding and other production operations from adjoining lot line   Screening and buffering alongAll setback areas must adjoining residentialprovide adequate screening boundariesand buffering for visual screening and protection against undue noise, in a manner deemed _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-70.   Permit for preparation of mulching materials.   [Added 2-12-1998 by L. L. No. 2-1998; amended 6-14-2001 by L.L. No. 3   sufficient by the Zoning Board of Appeals. Such means may include any or all of the following: the provisions of earthen berms, of a height at least 15 feet, screening by existing vegetation and new plantings, and increasing the required setbacks.   Required location of entranceState road D.Limits on permitted materials: (1)Permissible materials. The only materials that may be brought to the site for mulching preparation are those specifically authorized by the Zoning Board of Appeals as part of the special permit. These may include any among the following: tree and brush limbs, and other similar noncontaminated natural vegetation, such as butt logs, stumps, brush, chips and leaves. No other materials, including any C & D materials, or any contaminated, infested or hazardous material shall be brought to the site for any purposes. Additionally, the applicant is required to comply with any other applicable permit requirements imposed by any other governmental department or agency as to the permissibility of materials brought to the site. (2)Removal of materials from site: (a)As part of the permit, the Zoning Board of Appeals may authorize removal of any stockpiles of sand or gravel existing on the site as of the date of issuance of the original permit, provided those do not exceed a quantity of 30,000 yards. The Zoning Board shall impose conditions to assure that the pace of removal of the stockpiles is coordinated with the pace of reclamation. No more than four truckloads (eighteen-wheeler size) may be removed each day. (b)All soil which is produced as a by-product of the mulching operation, including any soil which falls from the stumps or brush as it is processed, shall be used on the site, for the purposes of reclaiming the former mining site. No soil shall be removed from the site. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-70.   Permit for preparation of mulching materials.   [Added 2-12-1998 by L. L. No. 2-1998; amended 6-14-2001 by L.L. No. 3   (3)Permitted operations. (a)The screening and grinding of natural vegetation as permitted by the Zoning Board, to produce wood material of a proper size for mulching, followed by the screening of the material to separate the wood, dirt and stone into separate piles, which will be temporarily stockpiled for future use in accordance with the terms of the special permit, for the periods of time and under the terms of the special permit. (b)After the initial separation of the soil and stone from the vegetative matter, there shall be no further sifting, sorting, screening or processing of any of the soil and stone. (c)There shall be no drilling, blasting, crushing of any rocks or stones, either before, during or after the initial separation. This limitation shall apply to any existing stones on the site, as well as any additional materials brought to the site. (d)All material brought to the site shall be processed to produce mulch within four months. No such material shall be left in an unprocessed state for more than four months. (e)Materials produced as a result of the mulching process (stones, dirt, mulch) may be disposed of as follows: [1]Mulch may be sold at the site on a wholesale basis, under the provisions of this section and any additional conditions imposed by the Zoning Board. It may be stockpiled and stored on the site for a maximum of six months. [2]Dirt produced as part of the mulching process must be used on the site as part of the reclamation, and may not be sold. It must be used promptly, and shall not be stockpiled an the site for longer than four months. [3]Stone produced as part of the mulching process, and not used for reclamation, may be sold on a wholesale basis under the provisions of this section and any additional conditions imposed by the Zoning Board. [4]No retail sales of any product are permitted at any stage of the operation. (f)This special permit does not authorize any mining or excavating activity, or the conducting of any other activities or businesses other than those specifically set forth herein, including but not limited to logging, processing and production of firewood, stone processing and any other similar activity. E.Hours of operation. No operating of equipment, accessory wholesale sales, or any other activities conducted as part of this special permit shall be conducted before 8:00 a.m. or after 5:00 p.m., or on any days other than Monday through Saturday. No activities of any sort shall be permitted on Sundays or holidays. F.Permitted structures and equipment: (1)Structures. As part of the special permit, the Zoning Board may allow a temporary steel structure no larger than 40 feet by 80 feet, such structure to be promptly removed at end of mulching operation. No cinderblock or concrete construction shall be allowed. The Zoning Board may require sufficient security for the obligation to remove the building at the end of the permit period. The Zoning Board shall refer the application to the Architectural Review Board for review and approval as part of the special permit. The Zoning Board shall impose conditions to assure that the building is properly screened and landscaped. (2)Equipment. As part of the special permit, the Zoning Board shall approve all equipment to be permitted on the site for use as part of the special permit operations, and no equipment shall be permitted on the site other than that specifically authorized by the Zoning Board. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-70.   Permit for preparation of mulching materials.   [Added 2-12-1998 by L. L. No. 2-1998; amended 6-14-2001 by L.L. No. 3   G.Permitted signage. Signage shall be governed by the standards set forth in the Zoning Chapter, and shall be approved by the Zoning Board as part of the special permit (or by the Planning Board) as part of the site plan approval. H.Site plan. In addition to special permit approval, site plan approval by the Planning Board is required, prior to the commencement of any operations. I.Procedure for review of special permit application. (1)The review shall generally follow the standards set forth in Article IX of the Zoning Chapter, the article governing special permits. The applicant shall submit a copy of any Mined Land Use Plan and Reclamation Plan, together with a full description of proposed operations on the site. (2)In granting a special permit, the Zoning 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. Upon its granting of said 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. (3)Review of requests for extension shall follow the same procedures. The applicant shall establish the status of the reclamation efforts, and report on activities pursuant to the permit. The Board shall review the pace of activities, the conformance with the conditions of the special permit, and any impacts of the previous operations upon neighbors or the public. Noncompliance with any of the provisions of this section, or with any conditions of the special permit, shall be a sufficient basis for the denial of the requested extension. In considering an extension, the Zoning Board is authorized to impose additional conditions to remedy or otherwise address any impacts of the operations which have occurred during the previous permit periods. § 194-71. Membership clubs. EN   In any district where permitted, membership clubs not operated for gain may be permitted 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. A.Location and use. Where clubs do not front on or have direct access to a major or collector road as shown on the Town Development Plan Map, the intensity of use shall be limited by the Zoning Board to the extent necessary to assure that the expected average traffic generation of such use will not exceed that which would be expected if the premises were developed for permitted residential purposes. B.Lot size. The plot shall comprise a minimum of five acres and membership is limited to 20 families per acre. C.Setbacks. No buildings, structure, equipment or play area shall be located nearer than 40 feet to any front, rear or side lot line. D.Buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 194-109 of this chapter, shall be required along all lot lines adjoining properties in residential districts. E.Special setback requirements. All active recreational facilities, such as tennis courts and swimming pools, shall be located out-of-doors except where the scale of buildings and setbacks are such that they will relate harmoniously to the existing residential character of the district in which they are located, and shall be set back from adjacent residential property boundaries at least twice the minimum distance required for residential buildings in said district, except that the Zoning Board may permit a reduction of this additional setback requirement where, because of topography or the installation of additional buffer landscaping and/or fencing, the Zoning Board determines that any potential adverse external effect of such use can be effectively reduced. F.Financial statement. Suitable evidence, such as tax records or organizational documents, shall be provided as a part of the special permit application to establish that the club will not be operated for gain. G.Permanent dwelling facilities. Permanent dwelling facilities shall not be provided except solely for the use of the caretaker. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-72. Mobile home parks.   § 194-72. Mobile home parks. ENEN   Mobile home parks may be established and maintained in an R-3 District, 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. A.No mobile home, building or structure shall be located nearer than 30 feet to any front, rear or side lot line of a mobile home site nor closer than 50 feet to the boundary lines of the mobile home park. B.The plot comprises a minimum of 10 acres and each mobile home shall be located on a minimum lot area of 1/4 acre. C.Access roads shall be at least 50 feet in width. D.Water supply and sewage disposal shall have the approval of the Dutchess County Health Department. E.The plot shall be maintained in single ownership and its subdivision into mobile home lots of 1/4 acre or more shall be for rental purposes only. § 194-73. Kennels.EN   In any district where permitted, kennels may be permitted 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. A.Adequate shelter. Each kennel shall be equipped with housing or shelter facilities sufficient to provide adequate cover and shelter for all dogs which may be housed in the kennel. B.Adequate runway area. For each dog housed in the premises being over six months of age, there shall be a minimum of 80 square feet of runway area or exercise pen. C.Runway enclosure. Runways or exercise pens located within the kennel shall be enclosed by wire fence of a height to be prescribed by the Zoning Board, but in no event less than six feet in height. D.Kennel facility enclosure. All kennel facilities shall be maintained in enclosed structures, which shall be of soundproof construction and so constructed and maintained as to produce no dust or odors at the property line. E.Number of dogs. In issuing the special permit, the Zoning Board of Appeals may prescribe the maximum number of dogs to be boarded, harbored, kept or trained. That number shall not exceed the number equivalent to 10,000 square feet per 100 pounds of average adult animal body weight of the species so harbored, provided that in no event shall a kennel harbor more than a total of 50 dogs. As used herein, the square footage of the lot is that area of the lot not including any required yards. F.Setbacks. The kennel, including structures, buildings, runways and exercise pens, shall not be constructed or maintained within 150 feet of any property line. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-73. Kennels.   G.Hours of operation. Between the hours of 8:00 p.m. and 8:00 a.m., all dogs shall be confined in a fully enclosed and suitably ventilated building of soundproof construction. H.Buffers. The kennel, including structures, buildings, runways and exercise pens, shall be screened from any surrounding uses. The type of screening shall be at the discretion of the Zoning Board, based on consideration of protecting surrounding uses, minimizing noise, and minimizing adverse aesthetic impact. I.Considerations. In considering the application for a special permit, the Zoning Board may consider the number, size, breed and temperament of the animals to be sheltered and may impose reasonable conditions to protect proximate uses, minimize noise, odors and adverse aesthetic impact, protect the animals harbored or sheltered and ensure the health, safety and general welfare of the community. J.Inspection. The kennel shall be open for periodic inspection by the Zoning Administrator and/or the Dog Warden. K.Nuisance. The granting of a special permit to operate a kennel shall not be deemed to bar the institution of any action to enjoin a nuisance. § 194-74. Private stables. EN   The Zoning Board of Appeals is authorized to grant a special permit for a private stable in the harboring or keeping of horses on a lot, 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. A.Minimum acreage. The lot is of two acres or more in area for one or two horses, with an additional 1/2 acre for each additional horse. B.Setback. No building in which horses are kept shall be located within 100 feet of a property line. C.Shelter. The horses shall be stabled or housed in a structure with adequate shelter, ventilation, light and drainage. D.Feed containers. All feed shall be stored in rodentproof containers, as determined by the Building Inspector. E.Storage of manure. No storage of manure shall be permitted to exceed 10 cubic yards in quantity to be located within 100 feet of a property line, watercourse or wetland area. F.Dwelling units. There shall be no dwelling unit in the same building in which horses are stabled or housed, except as specifically authorized by the Zoning Board of Appeals as part of the special permit. The Zoning Board can grant such permit only on a finding that no health hazard will be created, shall only be for a professional caretaker for the stable, and the dwelling unit shall meet all applicable building, housing, fire and sanitary codes. G.Confinement. The horses shall be adequately confined to protect life and property. H.Dude ranches and commercial stables. Dude ranches, commercial stables, keeping of hack horses for rent, riding academies or any renting of horses to the public shall not be allowed under this section. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-74. Private stables.   I.Use of horses. Horses shall be solely for the use of residents and their guests. J.Other. All applicable standards set forth in this chapter for farms are met. § 194-75. Land excavations and filling. [Amended 9-26-2000 by L.L. No. 11-2000 EN]   The Zoning Board of Appeals is authorized to grant a special permit for land excavations and filling, 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. A.Activities covered. (1)The provisions of this section govern land excavation and filling as defined in this chapter. (2)This section does not prohibit the regrading or movement of earth materials within the boundaries of a single lot, subject to applicable limits, provided that no earth material is removed from the lot and no earth material is brought to the lot. (3)Nothing in this section shall be deemed to authorize the dumping or depositing, at any premises, of garbage, refuse, household garbage or waste, construction or demolition debris, hazardous materials, or any materials other than clean fill or other uncontaminated earth, clay, stone, gravel, loam, humus, or other earth materials. (4)The Schedule of Permitted Uses sets forth the types of activities, if any, permitted in the various districts. Excavation and filling are principal uses permitted by special permit only in industrial zones (I-1, I-1-S, I-2, and I-3). Excavation and filling are not permitted as principal uses in residential zones (R-1, R-2, R-1/2 , R-1/3, R-1/4, CRD, PRD) or business zones (B-1 and B-2, PBN, PCP, and PRDP). Certain limited types of excavation and filling are permitted as accessory uses in R-1 and R-2 Zones and in the Active Farm Overlay (AFO) District. (5)Effect on existing operations. Excavation, removal, extraction, filling, regrading or earth moving operations in residential districts which are operating as of November 11, 2000, pursuant to a lawfully issued special permit issued by the Town of East Fishkill Zoning Board of Appeals, and, if applicable, a Mined Land Reclamation Law permit issued by the Department of Environmental Conservation, may continue to operate under those special permits. Such special permits may be renewed under the provisions of the law in effect at the time the initial permit was issued. B.Supplemental regulations governing exempted activities. (1)The definition of "land excavation and filling" lists five activities that are not deemed to constitute land excavation and filling, provided that they meet the standards of these regulations. (2)All such activities require notice to the Building and Zoning Administrator, and the completion of a notice form, to be provided by the Building and Zoning Administrator, together with the filing of a sworn statement from the property owner certifying that: (a)The proposed activity comes within the limits of the exemption as set forth in the definition; and (b)That the quantities to be removed or brought to a site are within the limits set forth in the exemption. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-75. Land excavations and filling. [Amended 9- 26-2000 by L.L. No. 11-2000   (3)In addition to the foregoing, the following activities shall meet the following additional standards set forth below: (a)Regrading on a single lot. The property owner shall describe the total amount of soil to be moved on the property, and the length of the operation. (b)Road construction. [1]If the proposed roads are part of new subdivision or site plan, all construction shall be performed in accordance with the approved plans. [2]No stockpiling shall take place except in accordance with plans approved by the Planning Board. All stockpiles must be removed within six months. [3]No processing of materials on the property is permitted. (c)Septic system construction. [1]All filling or movement of earth materials shall be in accordance with plans approved by the Dutchess County Health Department. [2]Neither stockpiling nor processing is permitted. (d)Excavation from subdivision construction projects in R-1 and R-2 Zones. [1]Any proposed excavation or filling shall be approved by the Planning Board as part of the development of a filed subdivision plat, upon a determination that the proposed activity is necessary for the proper development of the site. [2]As part of the application for subdivision approval, the applicant shall file a grading plan showing existing and proposed contours and a report specifying the proposed tonnage and yardage to be removed from or brought to the subdivision. [3]The Town Engineer shall confirm that the total amount to be removed or brought to a site does not exceed the smaller of the following: a total amount of 10,000 tons or 7,500 cubic yards (whichever is smaller); or the number of tons or cubic yards computed by multiplying the total number of lots to be created by the subdivision times the amount of 500 tons or 375 cubic yards (whichever is smaller) per lot. If the total amount to be removed or brought to the site exceeds 1,000 tons or 750 cubic yards (whichever is smaller) in any 12 successive calendar months, the Building and Zoning Administrator shall also determine that the activity constitutes "excavation, removal and disposition of minerals from construction projects, exclusive of the creation of water bodies" under the standards of 6 NYCRR Section 420.1(k) so as to be exempt from any requirements for a DEC Mined Land Reclamation Permit. [4]In approving any proposed plan, the Planning Board shall have the right to impose conditions upon the proposed removal or filling operation. [5]No filling or removal shall commence until after the subdivision map is filed, unless the Planning Board gives permission to commence earlier, but in no event shall filling or excavation commence prior to the issuance of preliminary subdivision approval. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-75. Land excavations and filling. [Amended 9- 26-2000 by L.L. No. 11-2000   [6]No processing is permitted. [7]Stockpiling shall only be permitted in accordance with plans approved by the Planning Board. All stockpiles will be removed in six months. (e)Site plans. [1]The Planning Board may authorize excavation or filling as an accessory use under the applicable use schedule, as part of the development of a signed site plan if the standards in this section are met. [2]The Planning Board shall determine that the proposed regrading and removal or filling is necessary for the proper development of the site. [3]As part of the application for site plan approval, the applicant shall file a grading plan showing existing and proposed contours and a report specifying the proposed tonnage and yardage to be removed from or brought to the site. [4]The Town Engineer shall confirm that the total amount to be removed or brought to a site does not exceed 500 tons or 375 cubic yards, whichever is less, for the site. [5]In approving any proposed plan, the Planning Board shall have the right to impose conditions upon the proposed removal or filling operation. [6]No excavation or filling shall commence until the site plan is signed, unless the Planning Board permits work to commence earlier, but in no event shall any work commence prior to the approval of the preliminary site plan. [7]No processing is permitted. [8]Stockpiling shall only be permitted in accordance with plans approved by the Planning Board. All stockpiles will be removed in six months. C.Supplemental regulations governing activities permitted without a special permit. (1)The Schedule of Permitted Uses permits certain activities by right, without the requirement of a special permit. Those activities are subject to the following supplemental regulations. (2)All such activities require notice to the Building Inspector, together with the filing of a sworn statement from the property owner certifying that: (a)The proposed activity comes within the applicable standards as set forth in the use schedule; and _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-75. Land excavations and filling. [Amended 9- 26-2000 by L.L. No. 11-2000   (b)That the quantities to be removed or brought to a site are within the limits set in the use schedules, and do not require a special permit. (3)In addition to the foregoing, the following activities shall meet the following additional standards set forth below: (a)Landscaping operations and building operations. [1]The property owner shall file with the Building and Zoning Administrator documentation that the proposed removal or filling is related to a bona fide landscaping operation on a lot upon which a primary residence is located, or for which a current, valid building permit has been issued. (b)Activities in Active Farm Overlay (AFO) District. [1]The property owner shall file with the Building and Zoning Administrator a sworn statement confirming that the proposed removal or filling is in aid of agricultural activities. Plans shall include areas to be affected, plans for saving all topsoil, plans for seeding and mulching affected areas, and final drainage configurations. Excavation and filling operations are considered to be in aid of agricultural activities where they meet all of the following standards: [a]The excavation or filling is clearly incidental and secondary to the use of the farm for agricultural purposes, and does not alter the character thereof. All excavation or filling activity shall cease immediately upon the cessation of farming. [b]The excavation or filling operation will enhance the usability or productivity of the land for farming and agricultural activities. Proposing to excavate material from lands which are not part of an existing farm operation and reclaim them in a manner that makes them suitable for agricultural use will not be considered in aid of agricultural activities. Permitted improvements and enhancements may include structures or other improvements, including ponds, that benefit or are necessary for agricultural pursuits. Such ponds shall be no larger than required to meet agricultural needs and must be directly related to agricultural use such as an irrigation water source for crops, water source for livestock, or ponds for fish propagation. Excavation or filling that makes land unsuitable for agricultural use, or that does not enhance its usability for farming, but that does enhance its usability for other purposes, such as residential development, will not be considered "in aid of agricultural activities." [c]The enhancements resulting from the excavation or filling must be associated with agricultural activity which is either already occurring, or will commence immediately upon completion of the regrading operation. [d]The excavation and restoration activities must be completed within a twelve-month period from commencement. [e]No mineral processing equipment is allowed. [2]The Building and Zoning Administrator shall also verify that the activity is considered in aid of agricultural activities under 6 NYCRR Section 420.1(k) so as to be exempt from the requirement of obtaining a New York State Department of Environmental Conservation Mined Land Reclamation permit. D.Standards for issuance of a special permit by the East Fishkill Zoning Board of Appeals. (1)Where the Use Schedule provides that an accessory use is permitted by special permit of the East Fishkill Zoning Board of Appeals, the Zoning Board may grant or renew a special permit, after a public hearing on due notice, if it finds that the special permit standards contained in § 194-44 and the supplemental use regulations contained in this chapter are satisfied. In approving any special permit, the Zoning Board of Appeals may also impose appropriate conditions under Town Law § 267-b, Subdivision 4. (2)Supplemental use regulations applicable to land excavation, filling, and regrading activities which require a special permit under this chapter and which are not also subject to regulation under the New York State Mined Land Reclamation Law are contained in Subsection E(1). _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-75. Land excavations and filling. [Amended 9- 26-2000 by L.L. No. 11-2000   (3)Supplemental use regulations applicable to land excavation, filling, and regrading activities which require a special permit under this chapter and which are also subject to regulation under the New York State Mined Land Reclamation Law are contained in Subsection E(2). (4)The maximum term for a special permit under this section shall be two years. Renewal terms shall also be no longer than two years. E.Standards. (1)The following supplemental use regulations shall apply to land excavation, filling, and regrading activities which require a special use permit under this chapter and which are not also subject to regulation under the New York State Mined Land Reclamation Law. The Zoning Board of Appeals shall find that all of the following standards have been met: (a)Natural beauty. That the natural beauty of the Town or district shall not be impaired or effected. (b)Proper drainage. That the plan provides for proper drainage of the area both during and after the excavation, filling or regrading and will not adversely affect the structural safety of adjoining buildings or land. (c)Water bodies. When the proposed excavation or filling operation requiring a special permit provides or contemplates creation of a body of water, then either subdivision or site plan approval by the Planning Board shall additionally be required. (d)Watercourses. No excavation or deposit of topsoil, earth, stone, gravel, rock or other natural mineral shall interfere with any natural watercourse. (e)Grade of abutting roads. No excavation shall be made below the adjacent grade of any abutting road unless the Town Board shall find that the peculiar conditions pertaining to the property effected would justify such depth of excavation, in which case, the Town Board may impose such further conditions as are, in its judgment, appropriate to safeguard the public interest. (f)Water table. That there will be no excavation to a depth of less than six feet above any ledge or the natural water table unless the final approved site plan indicates a proposed conforming use that requires a deeper excavation. (g)Contours. That no sharp declivities, pits, depressions or soil erosion problems will be created and that no slopes or banks will exceed one foot of vertical rise in two feet of horizontal distance or exceed whatever lesser slope is necessary to maintain stability under the particular soil conditions. (h)Setbacks. That a distance of not less than 50 feet shall be maintained undisturbed between any mining, filling or regrading operation and any street right-of-way line. In all zones other than the Active Farm Overlay District, a distance of not less than 250 feet shall be maintained undisturbed between any such operation and the property line of any residence. In the Active Farm Overlay District, a distance of not less than 250 feet shall be maintained undisturbed between any such operation and any residence. The Zoning Board of Appeals may grant a variance of all or a portion of the setback requirements of this section where the excavation limit will be to an elevation equal to or above the grade of the adjoining property or street, and where all other requirements are met. (i)Enclosure. That suitable fencing for enclosing the property in which the soil mining excavation, filling or regrading is located shall be provided if the Zoning Board of Appeals determines that such is required. (j)Access. That the proposed truck access will not create safety or traffic hazards. (k)Loading. That trucks and vehicles shall be loaded and operated so as not to spill gravel, rocks or sand upon the roads and highways or otherwise impair or damage the roads and highways. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-75. Land excavations and filling. [Amended 9- 26-2000 by L.L. No. 11-2000   (l)Hours of operation. That operations will be restricted to the maximum hours of 7:00 a.m. to 7:00 p.m., with no operation allowed on Sundays and legal holidays. Exceptions can be made for operations necessary during period of national or other unusual emergency and whenever any reasonable or necessary repairs to equipment are required to be made as determined by the Zoning Board of Appeals. If appropriate, the Zoning Board may impose further restrictions on hours of operation. (m)Noise and vibration. That no soil mining, filling or regrading operation shall emit an injurious amount of noise or vibration beyond such limits or contribute to soil erosion or cause public hazard, nor increase the ambient level of atmospheric dust beyond the limits of the bounds of the mining area as set forth by the most current standards established by the New York State Air Pollution Control Board. Upon written request of the Zoning Board or its agent, the operation shall submit a certification from a qualified independent laboratory that these standards are being complied with. (n)Dust. That proper provision will be made for control of dust and that all roads within any mining or filling area which are located within 500 feet of any structure used primarily for human occupancy shall be provided a dustless surface. (o)Status reports. The Board may require the submission by the applicant of periodic reports, prepared by and bearing the seal of a land surveyor or engineer, showing the status and progress of the excavation or filling. (p)Top layer of soil. For excavation and filling the top layer of arable soil (for preferred depth of six inches) shall be set aside and retained on the premises and shall be respread over the excavated or filled area upon completion of the excavation or removal in accordance with approved contour lines, and seeded with a suitable cover crop. (q)Future use of property. The proposed excavation or filling will not impair the future use of the property in accordance with this chapter and banks will not impair good development and safe use of the property after excavation. The Zoning Board may impose conditions, including monitoring requirements, to ensure that this standard is met. (r)Removal. At the termination of the approval period, any structure, improvement, equipment or machinery erected, placed or maintained upon such premises, except as may be otherwise permitted under this chapter, shall be removed and the premises restored to the contours authorized in the permit so that: [1]Drainage. The natural drainage shall be fully restored. [2]Holes and gullies. The property shall not be left with holes or gullies. [3]Planting. The premises shall be properly seeded or planted or both to conform to the natural terrain or landscaping of adjacent and surrounding areas. (s)State Environmental Quality Review. All standards of SEQR shall be met. (2)The following supplemental use regulations shall apply to land excavation, filling, and regrading activities which require a special use permit under this chapter and which are also subject to regulation under the New York State Mined Land Reclamation Law. The Zoning Board of Appeals shall find that all of the following standards have been met: (a)Natural beauty. That the natural beauty of the town or district shall not be impaired or affected. (b)Proper drainage. That the plan provides for proper drainage of the area both during and after the excavation, filling or regrading and will not adversely affect the structural safety of adjoining buildings or land. (c)Water bodies. When the proposed excavation or filling operation requiring a special permit provides or contemplates creation of a body of water, then either subdivision or site plan approval by the Planning Board shall additionally be required. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-75. Land excavations and filling. [Amended 9- 26-2000 by L.L. No. 11-2000   (d)Watercourses. No excavation or deposit of topsoil, earth, stone, gravel, rock or other earth material shall interfere with any natural watercourse. (e)State Environmental Quality Review (SEQR). All standards of SEQR shall be met. F.Applications. Application for a special permit shall be submitted in writing to the Zoning Board of Appeals. The application shall be accompanied by 10 copies of maps and plans prepared by an engineer or surveyor licensed to practice in the State of New York and showing the following: (1)Participants. The full names, signatures and addresses of the owner, lessee and applicant and the written consent of the mortgagee, if any. (2)Description of proposed operations. A statement clearly detailing the nature and extent of operations, including the type and amount of material to be filled, regraded or removed, the manner in which it will be accomplished, the proposed hours of operation, and a time schedule for the completion of the various stages of the operation. (3)Boundaries of property. The boundaries of the property where the excavation is proposed and the area to be excavated, filled or regraded. (4)Existing contours. Existing contours in the area of operations and proposed contours after completion of the work, which contours shall be prepared from an actual field survey, shall be based on a bench mark noted and described on the map and shall be drawn to a scale of not less than 100 feet to the inch and with a contour interval not to exceed two feet. If necessary, the Board may require more detailed contours. If the Zoning Board finds that an actual field survey is not necessary in order for it to make a proper determination of the application, the Board may waive the requirement of such survey. (5)Existing and proposed water bodies and drainage. Existing and proposed watercourses, water bodies, erosion control and drainage on the premises. (6)Surrounding area. Surrounding streets and property lines and names of property owners. (7)Natural features. Principal wooded areas, any rock outcrops and watercourses. (8)Existing and proposed structures. Existing and proposed structures on the premises and surrounding properties. (9)Truck access. Proposed truck access to the excavation, filling or regrading area. (10)Liens. Proof that there are no unpaid taxes or assessments affecting or constituting a lien on the premises. (11)Phasing plan. Phasing plan for operations and restoration of the site. (12)Other. Such other maps, plans, boring tests, feasibility studies and there engineering data as may be required by the Town Board in order to determine and provide for the proper enforcement of these regulations. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-75. Land excavations and filling. [Amended 9- 26-2000 by L.L. No. 11-2000   (13)State Environmental Quality Review. The application must include an environmental assessment form and such information necessary to comply with SEQR. G.Administration. (1)Bond. The operator shall execute a bond in an amount sufficient to secure the performance of the conditions and issuance of the special permit. (2)Compliance. If at any time the Zoning Board of Appeals finds that the excavation, removal, filling or regrading is not being conducted, or cannot be conducted, in accordance with the plans as approved, the permit shall automatically become void upon notification sent by the Board to the permittee, by regular mail, to the address given on the application. (3)Inspection fees. That the applicant shall pay an annual inspection fee as set from time to time by the Town Board. Nonpayment of this fee shall cause the permit to become void. § 194-76. Commercial communications towers and antenna installations. [Amended 6-11-1998 by L.L. No. 5-1998 EN]   The Zoning Board of Appeals is authorized to grant a special permit for commercial communications towers and antenna installations, 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 §§ 194-77 through 194-84. § 194-77. Compliance required. A.The construction, placement, maintenance, removal and use of commercial communications towers and antenna installations shall be governed by this section, and not by § 194-161, or any other section dealing with public utility structures or utility substations. No commercial communications tower shall be placed, constructed or used, and no such tower, including any towers in existence before the effective date of this section, may be modified, moved, reconstructed, expanded, changed or structurally altered, without compliance with this section. The addition of new antenna installations to an existing tower shall be considered a change requiring compliance with this section. B.No commercial communications antenna installation shall be placed, located or collocated on a tower, building or other structure, or used, and no such installation, including an installation placed, located or collocated before the effective date of this section, may be modified, moved, reconstructed, expanded, changed or structurally altered without compliance with this section. C.All construction relating to the establishment or modification of a commercial communications towers or antenna installations, including but not limited to the placement of a tower, the modification of a tower, the placement of additional or modified antenna on a tower, the construction or modification of accessory utility buildings, and related activities, shall require issuance of a special permit approval by the Zoning Board, as set forth herein. No building permit shall be issued until the special permit has been issued. D.Compliance with each and all of the locational, design, bulk and area requirements of this section is required for the issuance of any special permit. The Zoning Board does not have the authority to waive any of the requirements for a special permit in the guise of an "area variance" of any of those requirements. The placement of towers or antenna installations which do not comply with the use and locational requirements of this section is prohibited, and may be authorized only upon the issuance of a use variance from the Zoning Board of Appeals. The standards to be applied in determining whether to grant such a use variance shall be those set forth in Town Law § 267-b or, where applicable, under the standard enunciated by the New York Court of Appeals in Consolidated Edison Co. V. Hoffman, 43 N.Y.2d 598, 403 N.Y.S.2d 193 (1973), as further applied by the Court of Appeals in Cellular Telephone Co. V. Rosenberg, 82 N.Y.2d 3-64, 604 N.Y.S.2d 895 (1993), as such standards may be modified by statute or case law in the future. In providing that no area variances may be given from any of the standards set forth in this section to qualify for such special permits, it is the town's specific intention to supersede the provisions of Town Law § 274-b, Subdivision 3, (L. 1992, ch. 694), insofar as this section has been interpreted to allow the granting of such area variances. E.All applications must also comply with any applicable provisions of state or federal law, including the provisions of the Code of Federal Regulations pertaining to objects affecting navigable airspace as delineated in Federal Aviation Regulation (FAR) Part 77. Additionally, no application for construction of a communications tower will be approved if the proposed tower violates the criteria for obstructions to air navigation as established by FAR Part 77 Subpart C - Obstruction standards. F.Effect on pending applications. Applications to construct a tower or collocate antennas pending before any Board of the town at the time of adoption of this section shall continue to be processed to minimize delay and expense to the applicant as much as possible. Applicants shall submit any additional information required by this section to the Zoning Board. Information already on file with the reviewing Board shall be used to the extent applicable to satisfy submission requirements under this section. All pending applications shall be decided under the provisions of this article, and a public hearing under this section shall be promptly scheduled as soon as the applicant submits the information required by this section. G.Exemptions from coverage by this section. This section does not cover police or fire communications, or facilities used exclusively for private radio and television reception and private citizen's bands, amateur Ham radio and other similar private, residential communications systems, provided that such systems do not contain a commercial telecommunications antenna installation and are not located on a commercial telecommunications tower. If any question arises under this section as to whether a particular tower or other facility is covered by this section, the Zoning Board of Appeals is empowered to interpret this section in the same manner as interpretations of other provisions of the Zoning Chapter. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-78. Special permit authorized.   § 194-78. Special permit authorized. A.Except as specifically provided in Subsection B herein, in any district where permitted by special permit, as set forth under the use schedules, the Zoning Board shall be authorized to issue a special permit to authorize the construction of commercial communications towers and antenna installations, upon compliance with the following standards, in addition to the general standards for obtaining a special permit set forth in Article IX. The review shall generally follow the procedures set forth in § 274-b of the Town Law of the State of New York, and the town's special permit regulations, including the provision for public hearings. The Zoning Board's review hereunder includes a review of the elements of the site plan, and shall be deemed to satisfy the requirements of § 194-24C (site plan review) of the Zoning Chapter, without the need for any separate site plan review by the Planning Board. Architectural Review Board approval shall not be required. B.Overlay areas where new towers may not be located. Even if otherwise permissible under the zoning use schedule, no commercial communications tower shall be placed in any of the following overlay scenic areas: (1)Within 3,000 feet, in any direction, of the intersection of Route I-84 and the Taconic State Parkway. C.Escrow deposits for review fees by technical consultants. Applications under this section shall be subject to the provisions of Local Law No. 1 of 1996, which requires escrow deposits for professional review fees, in addition to the application fee. Professional review for the purposes of this section shall include the services of a qualified engineer or consultant to evaluate the application. § 194-79. Application for collocation or placement on an eligible structure. A.Structures eligible for placement of additional antenna installations. The following structures are eligible for collocation, if such collocation is permitted by the use schedule and by the other applicable provisions of this law: (1)Towers receiving all necessary approvals under former § 194-76 of the Zoning Chapter to allow commercial communications activity. Any proposed alterations to the tower to accommodate additional antenna, including any alteration or expansion of the tower base, and any increase in height shall require special permit approval as part of the review on the application for the special permit for the antenna installation. Noncommercial towers, including facilities used for private citizen's bands, amateur radio and other private residential communications are not eligible for collocation. Commercial towers which did not receive approvals under § 194-76 are considered to be in violation of the code, and are not eligible for collocation unless the tower first receives approvals under this section. (2)Commercial communications towers lawfully placed after the enactment of this section, provided that the structure can safely support the additional antenna installations as set forth in this section. Noncommercial towers, including facilities used for private citizen's bands, amateur radio and other private residential communications are not eligible for collocation. (3)Other tall structures, including buildings, water towers, salt sheds, roadway maintenance facilities, recreation facilities, scoreboards, lighting at recreation fields, and similar facilities, located on property owned by the Town of East Fishkill, or other municipal or governmental entities; or water towers, power transmission lines, public utility poles, church steeples and other similar structures or buildings, as interpreted by the Zoning Board of Appeals. B.Application for proposed collocated commercial telecommunications antenna installation on existing tower, or placement on an eligible structure. An applicant proposing to collocate a commercial telecommunications antenna installation on an existing tower or to place same an eligible structure, as allowed in the use schedules, shall apply to the Zoning Board for special permit approval. The review shall generally follow the procedures set forth in § 274-b of the Town Law and the town's special permit regulations in Article IX. Architectural Review Board approval shall not be required. The applicant shall submit the following information: (1)A completed application for a building permit. (2)Proof of compliance with all requirements for a special permit, including the provisions of this section. (3)An engineer's report describing the proposed changes, expansions or modification to the existing tower or other structure, and certifying that the proposed collocation will not diminish the structural integrity and safety of the existing tower or other structure upon which collocation is proposed. If the alterations would alter or expand the tower base, or increase the height of the tower by more than 15%, then the application shall be treated as one for a new tower. (4)A report, prepared by a qualified professional, confirming that the level of radio frequency (RF) emissions from the proposed installation (and any collocated installations) are within standards promulgated by the Federal Communications Commission (FCC). _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-79.  Application for collocation or placement on an eligible structure.   (5)Documentation of consent by the owner of the structure upon which the antenna is to be located. (6)Where collocation is proposed on a building or structure, the applicant shall provide architectural elevations and sections illustrating the proposed commercial telecommunication antenna installation at appropriate scales, but no smaller than 1 inch equals 10 feet. Elevations shall be provided for the building front and the side nearest the proposed antenna installation. For collocation on structures, two significant vantage points shall be evaluated by the applicant as part of its submission to the Zoning Board. The Zoning Board may, during its consideration of an application require evaluation of other, significant vantage points, as are necessary to evaluate the visual impacts of each installation. (7)A full EAF, stating whether the proposed location is within the following viewsheds. If so, a visual EAF addendum shall be attached. Views to or from the Appalachian National Scenic Trail Views from Shenandoah, Route 52, the Taconic Parkway and I-84 to Hosner Mountain Views from Route 52 and I-84 to Stormville Mountain Views from Route 52 and I-84 to the mountains of Wiccopee. Areas hereafter identified as significant scenic viewsheds in the Master Plan. (8)A drawing at a suitable scale (one inch equals 50 feet or one inch equals 100 feet) which shows the following elements: (a)Site location map. Site location map at one inch:2000 feet (USGS scale). (b)Ownership. Property lines, tax map parcel identification and names of all adjoining property owners and streets. (c)Land uses. Land use designations and existing land uses of proposed site and adjoining properties. (d)Existing and proposed improvements. All existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors. The applicant shall indicate property boundaries and setback distances for all proposed improvements, including distances to the nearest corners of existing towers, buildings and structures proposed for collocation. (e)Site disturbance plan. Site disturbance plan indicating limits of areas where vegetation is to be cleared or altered. Where clearing of wooded areas is proposed, the applicant shall explain the reasons for such clearing, and discuss alternative plans that would minimize such clearing and retain more vegetation for site screening and shading. (f)Parking and landscaping plan. Parking and landscaping, including any proposed site grading and drainage. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-79.  Application for collocation or placement on an eligible structure.   (g)Screening. The site plan shall describe any methods to be used to screen or conceal the proposed modification of the existing building, tower or other structure. The Board may require architectural elevations and/or visual simulations to ensure adequate screening from views identified in Subsection B(6) above. (9)The applicant must show that the property on which the proposed facility is located is in compliance with any previously approved site plan. If the site does not comply, it must be brought into compliance prior to any approval of the cell tower application. § 194-80. Application for a special permit to place new commercial communications tower. A.An applicant proposing to construct a new commercial communications tower as permitted in the use schedules, shall apply to the Zoning Board for special permit approval. Architectural Review Board approval shall not be required. The application for a special permit shall generally follow the standards of Article IX of the Zoning Chapter. It shall contain, at a minimum: (1)A report providing documentation of an actual need by an actual provider of communications services for the construction of the tower in order to provide communications services. Special permits are to be based on actual need, and not on speculation of possible future needs which may or may not materialize. (2)Radial plots depicting the anticipated radio frequency levels and coverage for the proposed site. (3)Radial plots depicting evidence that the proposed area to be provided coverage by the proposed new tower is currently deficient in radio frequency coverage. (4)The frequency spectrum (output frequency) to be used at the proposed site (cellular, personal communications systems, broadcast frequency, analog or digital, etc.). (5)A map depicting the applicant's network of towers within 10 air miles of the proposed site, including planned or proposed towers or antenna installations to be erected within the next 24 months of the date of the application. (6)A copy of a current FCC license that authorizes the applicant to provide service. (7)The type, manufacturer, model number of the proposed tower. (8)The height of the proposed tower, including the height of any antennae structure above the supporting structure of the tower. (9)The number of proposed antennas, type, manufacturer, model number, dB gain, size and orientation of the proposed tower. (10)Proof of compliance with all requirements for a special permit, including the provisions of this section. (11)A statement of how the application meets the following siting objectives for new towers: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-80.  Application for a special permit to place new commercial communications  tower.   (a)A new tower shall, to the extent possible, be sited where its visual impact is least detrimental to the scenic areas and ridge lines identified in this section or in the town's Master Plan, or to historic resources. If a significant adverse visual impact is identified, the applicant shall demonstrate that suitable landscaping, buffering or other techniques will be used, and that they are able to minimize such impacts to a level of insignificance. (b)A new tower shall, to the extent possible, be sited distant from residential properties, and where visual impacts upon residential properties can be minimized. (c)Antenna installations shall, when possible, be collocated either on existing towers or on eligible structures, unless it is clearly shown that shared use of existing tall structures and existing or approved communications towers is undesirable or unattainable, due to the absence of existing towers or eligible structures for collocation; the technical infeasibility of collocation in light of the applicant's system requirements, frequency incompatibilities or engineering limitations; the existence of physical constraints that render the collocation infeasible; the inability to secure permission to collocate, in spite of good faith efforts; or the applicant's proposed collocation on the site would have an adverse impact an the surrounding area which exceeds that of the proposed new tower, or would create a need for a greater number of towers to provide service, which when considered together, would have a cumulative adverse effect on surrounding areas which exceeds that of the proposed tower. [1]The application shall include a report with an inventory of all existing eligible tall structures and existing or approved communications towers eligible for collocation within a two-mile radius of the proposed site. The site inventory shall include a map showing the exact location of each site inventoried, including latitude and longitude (degrees, minutes, seconds), elevation above sea level, height of the structure and/or tower and accessory buildings on the site. The report shall outline opportunities for shared use of these facilities as an alternative to the proposed new communications tower. The report shall demonstrate good faith efforts to secure shared use from the owner of each potential existing eligible tall structure and existing or approved communications tower. The report shall document the physical, technical and/or financial reasons why shared usage is not practical in each case. Copies of any written requests for collocation, and the responses thereto, shall be submitted to the Board. [2]The application shall include an agreement to accept reasonable collocation on the proposed tower in the future. An applicant proposing to place a new commercial telecommunication tower, or modify an existing tower to accept a new antenna installation, shall commit, on behalf of itself and its successors to negotiate in good faith for reasonable shared use of the tower by other providers, should same be proposed in the future, and to rent or lease available space under the terms of a fair market lease, without discrimination to other providers. A letter documenting the applicant's intent to negotiate in good faith for such use shall be part of the application for any special permit or site plan approval, and shall be filed with the building inspector as part of any building permit application. Where the applicant is other than the owner of the site, the applicant shall provide assurance to the Board that the owner will also consent to the collocation in the future. (d)Towers and antenna installations shall be sited to minimize the total number of towers and antennas to the extent possible within the limits of technology and economic feasibility. (12)A long-form EAF, including an analysis of visual impacts. The applicant shall submit a viewshed analysis to determine the visual impacts of the proposed town's siting. The analysis shall include a completed SEQR Visual EAF Addendum, assessment of the tower's siting from significant vantage points and/or historic and scenic resources by balloon testing or similar methodology, as well as visual simulations of the proposed tower's siting by means of photomontage or architectural renderings. (a)Significant vantage points potentially impacted by the proposed facility shall be determined by the Zoning Board, such as views from state and local road adjacent to the proposed site, recreation areas, housing developments and local, state or national historic and scenic resources. A viewshed assessment must be performed for all scenic areas identified in § 194-79B(7) within 1/2 mile of the proposed tower site. The viewshed assessment should be performed, when possible in the winter months to ensure a thorough examination of potential impacts. Even if this is not possible, the viewshed analysis should include an evaluation of anticipated visual impacts during the winter months when leaves are not on the trees. Findings presented shall include color photography illustrating the prescribed assessments and a key map which identifies the project site, photographic locations and target points. (b)The methodology, date and time of all testing related to prescribed viewshed assessments shall be approved by the Zoning Board prior to implementation. The Zoning Board shall direct the applicant to provide public notification in the town's official newspaper of the assessment, including date, time and testing location, at least seven and no more than 14 days in advance of the test date, together with such other notification as the Board may deem appropriate. (13)A report by a qualified engineer, regarding non-ionizing electromagnetic radiation for the proposed site. Such report shall provide sufficient information to detail the amount of radio frequency radiation expected from the proposed site. The report will comply with FCC reporting criteria for a cumulative report, reporting levels of anticipated exposure from all users on the site. The report shall indicate whether or not the proposed tower will comply with FCC emission standards. (14)The applicant must show that the property on which the proposed tower is located is in compliance with any previously approved site plan. If the site does not comply, it must be brought into compliance prior to any approval of the cell tower application. B.The Zoning 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. § 194-81. Notice and public hearing. A.A public hearing shall be held pursuant to the provisions of the Town Law and the East Fishkill Code relating to special permits. B.In addition to any other notice requirements imposed by these sections, the Board may direct the applicant to send notice of such public hearing to: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-81. Notice and public hearing.   (1)All owners of any land within 250 feet of any property line of the lot on which the tower is to be located, or such further distance as it deems appropriate in light of the anticipated visibility of the tower; and (2)The administrator of any local, state or federal parklands within 1/2 mile of the proposed tower. C.Additionally, the Board secretary shall send notice to any of the following agencies which have requested notice of such applications: (1)The legislative body of each town or village that borders the Town of East Fishkill; and (2)The County Planning Department. § 194-82. Standards for issuing a special permit.   No special permit for a communications tower or a communications antenna installation shall be granted absent a finding by the Zoning Board that the applicant has met the standards for special permits set forth in Article IX of the Zoning Chapter, and has also met the following criteria: A.That the application complies with all requirements of § 194-84. B.That the application meets the requirements of § 194-79 for collocation or placement on an eligible building or structure, or § 194-80 for a new tower, including the siting objectives. C.That, where a new tower is proposed, the applicant has shown an actual need for construction of the new tower. D.That, where a new tower is being proposed, the applicant has demonstrated that shared use of existing tall structures and existing or approved communications towers is undesirable or unattainable, due to: (1)The absence of existing towers or eligible structures for collocation. (2)The technical infeasibility of collocation in light of the applicant's system requirements, frequency incompatibilities or engineering limitations. (3)The existence of physical constraints that render the collocation infeasible. (4)The inability to secure permission to collocate, in spite of good faith efforts. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-82. Standards for issuing a special permit.   (5)The applicant's proposed collocation on the site would have an adverse impact on the surrounding area which exceeds that of the proposed new tower, or would create a need for a greater number of towers to provide service, which when considered together, would have a cumulative adverse effect on surrounding areas which exceeds that of the proposed tower. E.That the tower owner, and its agents, if applicable, have agreed to rent or lease available space on the tower, under the terms of a fair-market lease, without discrimination to other providers. F.That the proposed antenna installation or tower will not have a significant adverse impact on scenic resources identified in § 194-79B(7) or on historic resources. If a significant adverse visual impact is identified, the applicant shall demonstrate that suitable landscaping, buffering or other techniques will be used, and that they are able to minimize such impacts to a level of insignificance. G.That the proposal shall comply with applicable FCC regulations regarding emissions of electromagnetic radiation and that the required monitoring program is in place, and paid for by the applicant. § 194-83. Conditions on special permits.   Special permits may be issued subject to conditions, as authorized by law, including the following: A.The Board may require the use of "camouflage" communications towers where necessary to minimize visual impacts and to blend the communications tower and/or its accessory structures into the natural surroundings. "Camouflage" is defined as the use of materials incorporated into the communications tower design that give communications towers the appearance of tree branches and bark coatings, church steeples and crosses, sign structures, lighting structures or other similar structures. B.The Board shall require testing and inspection. (1)RF emission standards. (a)Pretransmissions testing: Any building permit, site plan or special permit shall be deemed to be issued subject to the condition that, prior to the issuance of a certificate of occupancy and the commencement of transmission, the applicant shall provide adequate proof to the Town Zoning Administrator, subject to review by the town's engineering or other consultants, that the EMF radiation around the proposed tower or antenna installation site complies with FCC requirements. All tests shall be performed by engineers or consultants qualified in the field of telecommunications and radio frequency and shall be conducted in accordance with the requirements of 47 CFR and shall be certified to the Town of East Fishkill. (b)Postcommencement testing: After transmission begins, testing and certification of EMF radiation shall be required in accordance with the requirements set forth in the preceding subsection at the time of any change or alteration of the operating characteristics of the tower. These results shall be reported to the Zoning Enforcement Officer within 30 days of the change or alteration. If there is no change or alteration in the operating characteristics of the tower, the owner shall provide the results of such testing every three years, together with the testing required in § 194-83B(2)(a) below, and shall also file, at least yearly on January 2 of each year, a written certification that the operating characteristics of the tower or installation have not changed, or been altered. (c)Any noncompliance with applicable FCC RF emission standards shall be promptly cured. (2)Structural and safety testing. (a)Tower owners shall cause their towers to be inspected for structural integrity and safety by an independent licensed professional structural engineer at least every three years. The first inspection shall be within three years of the date approvals were granted. Safety inspection shall include, at a minimum, inspection of the condition of the tower, its supports, foundations, anchor bolts, coaxial cable, cable supports, ice shields, cable trays, guy wires and antennas affixed to the tower. The tower shall also be inspected for fire, electrical, natural and other man-made hazards that could pose a potential hazard to the tower or surrounding area. A report of the inspection results shall be certified and submitted to the Zoning Enforcement Officer. Any modification of an existing tower which includes changes to tower dimensions or numbers or types of antenna shall require a new structural and safety inspection. Any defects revealed in such an inspection shall be promptly cured. C.The Board shall require assurances regarding the removal and repair of towers. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-83. Conditions on special permits.   (1)The applicant shall submit to the Board an agreement committing the property owner, its agents and successors, to keep the tower and accessory structures in good order and repair, and in compliance with any approval, and to promptly notify the Zoning Enforcement Officer within 60 days of the discontinuance of use of the tower. If there are two or more operators or users of a tower, then the notice need only be served when all have ceased using the tower. (2)The owner shall promptly remove an unused commercial communications tower within 12 months of cessation of operation. The failure to remove such towers in accordance with this law shall be punishable pursuant to Article XXII, Violations, of the Zoning Chapter. Additionally, the town may bring proceedings to require the removal of such unused towers at the owners expense. (3)When the Zoning Enforcement officer has reason to believe that a tower has been unused for more than six months, but has not received notice of discontinuance from the owner, the Zoning Enforcement officer may serve a notice upon the owner at its last known address, stating the date on which the ZEO believes that the use of the tower was discontinued, requesting the owner to take responsibility for removal of the tower, and stating that the failure of the owner to take responsibility for the tower will result in a determination of abandonment of the approvals previously issued for the tower. If the owner fails to appear to assure the ZEO that he will take responsibility for timely removal of the tower, or to establish that the tower is actually in use, within 60 days of the mailing of the notice to owner's last known address, then the ZEO may make a finding that the tower has been abandoned, and all approvals previously granted by the town for such tower shall be considered abandoned and forfeited. A copy of this determination shall be mailed to the owner and filed in the building inspectors office. § 194-84. Design and construction requirements.   All newly constructed towers, all modifications of existing towers, and all newly installed antenna installations shall comply with the following design and construction requirements: A.Towers and antennas. New or modified commercial telecommunication towers and antenna installations shall meet the following design and construction requirements: (1)Allow collocation in the future. An applicant proposing to place a new tower shall cause it to be designed in a manner which will accept collocation of other commercial telecommunications antenna installations in the future, in accordance with this chapter. Commercial telecommunication towers shall be designed structurally, electrically and in all respects to accommodate shared use for at least one other user if the tower is over 60 feet in height, and at least two additional users if the tower is over 100 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower, and to accept antennas mounted at varying heights. The applicant shall document the tower's capacity including the number and type of antennas it can accommodate and potential mounting locations. Where an existing tower is being modified to accept one additional antenna, the reviewing board may require that the owner shall take reasonable steps to modify the tower so that it may accommodate another potential future user, if the tower, as modified to accommodate the additional user, will be over 100 feet tall. (2)Color. Towers shall be painted with a flat paint in a gray or blue shade, except in instances where a different color is mandated by federal or state authorities. Any antenna component of a commercial communication antenna installation shall, when feasible, be painted in a shade which blends with the color of the host tower, building or structure to which it is attached. (3)Facilitating future collocation. Where practicable, towers should be designed and constructed in a manner which will accommodate future collocation. (4)Structural design. Towers shall be designed structurally to collapse within themselves wherever possible, in order to minimize damage to nearby structures and properties. (5)Compliance with state and federal law. Towers shall comply with all applicable provisions of the Uniform Building and Fire Prevention Code, and all applicable FAA and FCC requirements. (6)Noise. Towers and commercial telecommunications antenna installations, and their accessory structures and improvements shall be designed to minimize noise generation by power generators, heating, ventilating and air conditioning, and any other noise source, particularly if there is a residential receptor of such noise nearby. B.Accessory buildings and structures. All buildings and structures accessory to the operation and use of a commercial telecommunications tower shall meet the following requirements: (1)They shall be designed to blend with the surrounding natural environment and minimize visibility of the building or structure. The buildings shall not be more than 12 feet high. Architectural Review Board approval shall not be required. (2)They shall comply with all applicable provisions of the Uniform Building and Fire Prevention Code. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-84. Design and construction requirements.   (3)They shall be used only for housing equipment related to the particular site. Wherever possible, the buildings shall be joined or clustered so as to appear as one building. C.Site layout requirements: (1)Access. (a)Adequate emergency and service access shall be provided in a manner which minimizes ground disturbance, vegetation cutting and site erosion. Road grades shall follow natural contours to minimize visual disturbance and reduce soil erosion potential. (b)All network interconnections to and from the telecommunications site and all power to the site shall be installed underground, unless the applicant satisfactorily establishes that this is not possible because of the nature of the subsurface conditions, or is not desirable for environmental reasons, or would have adverse visual impacts. At the initial construction of the access road to the site, sufficient conduct shall be laid to accommodate the maximum possible number of communications providers that might use the facility. (2)Parking. A minimum of two parking spaces shall be provided for each commercial telecommunications tower which houses a commercial telecommunications antenna installation. (3)Fencing. Towers and any accessory structures thereto shall be adequately enclosed by a fence and gated for security purposes. All proposed guy wires shall be located within any required fencing. The Zoning Board shall approve the height and design of the fence. If the applicant demonstrates that it has otherwise provided sufficient security for the site, the Zoning Board may accept alternate security provisions. (4)Signs and advertising. The use of any portion of a commercial telecommunications tower for other than warning or equipment information signs is prohibited. Commercial telecommunications towers or antennas shall not be used for advertising by the provider. A sign no greater than two square feet may be placed indicating the name of the facility, its owners, and a twenty-four-hour emergency phone number. "No Trespassing" or other similar warning signs may also be placed on the fenced border of the property. (5)Lighting. (a)Commercial telecommunications towers shall not be illuminated by any artificial means, including strobe lighting, unless lighting is required by the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC) or other federal or state authority. If a tower is within two miles of an airport, the applicant shall provide written documentation by the FCC as to whether or not it will require lighting of the tower. (b)Lighting of the grounds of the facility shall be in keeping with the needs of safety and the surrounding neighborhood. No light shall spill from the site onto surrounding properties. (6)Screening. To the extent possible, the applicant shall preserve existing vegetation in a band at least 50 feet deep along the borders of the property which screen views of a commercial communications tower and accessory structures from nearby properties. The reviewing board may require the applicant to provide supplementary landscaping to screen views of the base of the tower and accessory buildings or structures in situations where the tower site: (a)Abuts property in a residential zone, a public street or property owned by the town, county, state or federal government or school district. (b)Abuts or is otherwise visible from the following identified viewing points, if such screening will actually mitigate visual impacts upon such resources. While it will likely be impossible and impractical to provide complete screening of long-range views of any tower, this section is intended to provide screening of relatively short-range views, i.e., 50 to 750 feet, by the provision of six-foot tall evergreen, or other plantings, as approved by the Board, sufficient to provide year-round screening. Views to or from the Appalachian National Scenic Trail. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-84. Design and construction requirements.   Views from Shenandoah, Route 52, the Taconic Parkway and I-84 to Hosner Mountain. Views from Route 52 and I-84 to Stormville Mountain. Views from Route 52 and I-84 to the mountains of Wiccopee. Areas hereafter identified as significant scenic viewsheds in the Master Plan. (c)In such cases, landscape screening shall be provided to screen views from such property, around the perimeter fencing of the tower, and around all accessory structures. At a minimum, screening shall include evergreen plantings at a height of six feet, as determined by the Zoning Board, to ensure that views of accessory structures are suitably screened from neighboring uses, and that views of the base of the tower are screened to the extent reasonably practical. D.Locational placement requirements. Commercial communications towers and antenna installations shall meet the following minimum requirements in any zone where they are permitted. These criteria are in addition to the bulk requirements applicable in the zone. Where the bulk regulations and these regulations impose different requirements, the more restrictive will control. (1)Permissible number of towers on a lot. Whether a commercial telecommunications tower is a principal or accessory use on a lot, there shall be no more than one such tower on any lot, together with any permitted ancillary buildings, structures and parking facilities. The Town of East Fishkill does not permit what are known as "tower farms." (2)Required segregation from nearest habitable structure. No tower shall be placed closer than 500 feet, on a horizontal plane, to the nearest house or other residential habitable structure, or proposed house or other residential habitable structure as shown on a lot duly approved by the Planning Board and filed in the Dutchess County Clerk's office. (3)Required separation between towers in residential zones. In a residential zone, a tower shall not be placed closer than 1,500 feet from any existing commercial communications tower, whether such existing tower is in a residential zone or any other zone. (4)Minimum lot size. (a)Freestanding new commercial telecommunications tower as primary use: one acre or the underlying minimum lot size in the zone, whichever is greater. (b)Freestanding new commercial telecommunications tower as accessory use to existing structures: one acre or the underlying minimum lot size in the zone, whichever is greater. (c)Collocated commercial telecommunications antenna installation placed on existing building, structure or tower: one acre or the underlying minimum lot size in the zone, whichever is greater. (5)Minimum yards/setback: (a)Freestanding new commercial telecommunications tower, or collocation on existing tower. The minimum front setback to a tower in all zones shall be 150 feet or 125% of the height of the tower, whichever is greater. The minimum side and setback in all zones shall be 50 feet, or 125% of the height of the tower, whichever is greater. The minimum rear setback shall be 80 feet in the PRDP zone and 50 feet in all other zones, or 125% of the height of the tower, whichever is greater. All setbacks shall be measured from the tower proper and not from any proposed guy wires. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-84. Design and construction requirements.   (b)Collocated commercial telecommunications antenna installation on existing building or structure other than tower: The building or other structure must comply with the applicable setback for the zoning district in which it was located. Antennas shall not be placed on buildings or structures that do not comply with applicable setbacks. (c)Accessory structures: No buildings or other structures accessory to the operation of a commercial telecommunications tower or commercial telecommunication antenna installation may be constructed in any required front yard and must provide at least a fifty-foot side and rear setback from the property line. No guy wires shall be located within this fifty-foot side and rear setback. On any lot line abutting a residential district, the required setback shall be 100 feet. (6)Maximum height. Freestanding commercial telecommunications tower and collocated antenna installation: (a)The maximum height of a freestanding tower in I-1, PRDP and PCP zones shall be 195 feet above ground elevation. (b)The maximum height of a freestanding tower in I-2, I-3, I-1-S, B-1, B-2 and PBN zones shall be 150 feet. (c)The maximum height of a freestanding tower in residential zones is 110 feet above ground elevation. (d)In all cases, the permissible height is measured from ground elevation to the top of any antenna projecting above the top of the tower. § 194-85. Gasoline filling stations. [Amended 3-27-1997 by L.L. No. 2-1997 EN]   In any district where permitted, the Zoning Board of Appeals may grant a special permit for a gasoline filling station, 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. A.The area for use by motor vehicles, except access drives thereto, as well as any structures, shall not encroach on any required yard area. B.No fuel pump shall be located within 20 feet of any side lot line nor within 15 feet of any street right-of-way line. C.No gasoline filling station or access drive leading to a gasoline filling station may be constructed or erected within 200 feet of a school, public library, theater, church or place of worship or other public gathering place, park, playground or firehouse station, whether the same is on the same side of the street or the opposite side. D.No gasoline filling station or access drive leading to a gasoline filling station may be hereafter constructed or erected within 1,000 feet of an existing gasoline filling station, as measured in any direction. § 194-86. Automobile service facility. [Added 3-27-1997 by L.L. No. 2-1997]   Special permit. As provided in § 194-68, the Zoning Board of Appeals may grant a special permit to establish an automobile service facility in the B-1 Zone, 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 herein: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-86. Automobile service facility. [Added 3-27- 1997 by L.L. No. 2-1997]   A.The property shall have at least 100 feet of frontage on New York State Route 82, north of its intersection with Beekman Road, and derive access therefrom. [Amended 7-24-1997 by L.L. No. 5-1997] B.All automobile service work shall take place within a fully-enclosed building. C.Sheet metal construction shall not be allowed. Buildings on site shall be constructed of concrete, brick, wood or other similar materials as approved by the Board reviewing the architectural features of the building. D.Where next to, or in front of, property in a residential zone, buildings shall be placed such that work bays and parking are oriented away from residential zones. E.The following minimum standards shall be met: Minimum lot size0.75 acres Minimum frontage150 feet Minimum lot width100 feet Minimum front setback50 feet Minimum side and25 feet   rear setback Minimum side and rear50 feet   setback from property in   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-86. Automobile service facility. [Added 3-27- 1997 by L.L. No. 2-1997]     a residential zone Floor area ratio0.20 F.Setback and landscape buffer. Landscaping, screening, buffer areas shall be provided as set forth in § 194-109 of the East Fishkill Town Code. G.Setback and landscape buffer for parking areas. All parking facilities shall meet the minimum parking setback and landscaping requirements of § 194-116 of the East Fishkill Code. H.All lot lines abutting residential zones shall be screened by a solid fence or masonry wall. Such screen shall not be less than four feet nor more than six feet in height and shall be maintained in good condition. I.Parking requirement. Ten parking spaces, or one space per 150 square feet of gross floor area in excess of 1,500 square feet plus one space per employee of maximum shift, whichever is greater. All parking areas shall be suitably paved. J.The property owner shall demonstrate that a suitable program will be in place to periodically remove all waste materials, parts, refuse and recyclables. No outside storage of partially disassembled vehicles, unregistered and/or unlicensed vehicles, parts, supplies, materials etc., shall be permitted. All on-site storage areas, including trash areas, shall be placed on a concrete pad and enclosed in a suitable building or behind a solid-fenced area, as approved by the Zoning Board of Appeals, and suitable landscaped. Storage areas shall in no event exceed a size equal to 20% of the gross floor area of the primary building. K.The property owner shall demonstrate a suitable program for prohibiting long-term storage of vehicles. Except for cars being dropped of the night before for repair, there shall be no storage of vehicles awaiting repair, and no storage of vehicles in excess of 72 hours awaiting parts or payment. L.The automobile services provided shall be limited to those allowed in the definition of "automobile service facility." M.Service operations and storage of materials must meet all applicable rules and regulations of the New York State Department of Environmental Conservation. N.The Zoning Board shall be specifically empowered to impose additional requirements to promote compatibility with residential uses nearby and to minimize noise and traffic circulation concerns. O.Compliance with each and all of the above requirements is essential to be considered eligible for a special permit, and no area variances of any of the requirements shall be allowed. EN   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits - Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-87. One-family-occupancy apartments.   § 194-87. One-family-occupancy apartments.   A one-family-occupancy apartment may constitute a part of the land use in a B-1 District, subject to § 194-44 and the following additional standards: A.Such one-family-occupancy apartment shall not exceed 50% of the total usable floor area or 1,800 square feet, whichever is the lesser of the improvement contained within the land parcel of the owner-special use applicant. B.Only one such special use permit for an apartment shall be permitted where the same owner-applicant owns contiguous parcels in a B-1 Zone, whether such ownership resulted from single or multiple conveyances. C.In order to minimize residential use in a B-1 Zone, it shall be a condition that such an apartment constructed or maintained pursuant to a special use permit be owner-occupied or be occupied by an agent of the owner, and if by an agent, his function, in whole or part, shall be that of a custodial nature. § 194-88. Car washes. EN   In any district where permitted, the Zoning Board of Appeals may grant a special permit for a car wash, 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. A.Minimum lot size for car wash facilities shall be 3/4 acre and such lot shall have street frontage of at least 100 feet. B.All vehicular access shall be to a major street or a local street, provided all property on said local street is zoned similar to subject parcel. C.All washing and machine-drying operations shall be conducted within a completely enclosed building. D.The building exit for automobiles that have completed the washing and machine-drying process shall be set back a minimum of 50 feet from the nearest point of any street line. E.No washing, vacuuming, steam-cleaning, waxing, polishing or machine-drying operation, or no building within which such operations are conducted, shall be permitted within 100 feet of a residential building located in a residential district. F.All lot lines abutting residentially zoned property shall be screened by a solid masonry wall or fence of a design acceptable to the Planning Board. Such screen shall not be less than four feet nor more than six feet in height and shall be maintained in good condition. G.All entrance and exit lanes and parking areas shall be surfaced with an asphaltic or portland cement binder pavement so as to provide a durable and dustless surface and shall be so graded and drained as to dispose of all drainage water therein. H.Any lighting used shall be so arranged as to reflect the light away from adjoining premises in a residential district and upon adjacent traveled ways. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-88. Car washes.   I.All operations shall be conducted completely within the lot lines of the property. J.Parking. (1)One parking space shall be provided for each three employees, plus one space for the manager. In addition, off-street storage space for waiting vehicles shall be provided in the following amounts: (a)Conveyor-type car wash: 25 off-street storage spaces per washing lane. (b)Drive-through-type car wash: 20 off-street storage spaces per washing lane. (c)Self-service-type car wash: five off-street storage spaces per washing bay. (2)For purposes of this section, an off-street storage space shall mean an area measuring 20 feet in length by 10 feet in width, and located in such manner as to provide an unimpeded egress from the space toward the car wash facility. EN § 194-89. Medical or dental clinics. [Added 3-27-1975 by L.L. No. 2-1975]   A medical or dental clinic may be established as indicated in the Schedule of Permitted Uses upon a finding by the Zoning Board of Appeals that such use is in conformity with the standards applicable to special uses as listed in § 194-49. In addition, the following specific conditions shall apply: A.General site and lot requirements: (1)Site plan approval, pursuant to Article VII, §§ 194-24 through 194-27. (2)Minimum lot area: one acre. (3)Minimum lot frontage: 150 feet. (4)Minimum yard dimensions: as per bulk regulations for residential districts. (5)Parking spaces: four spaces for each office of given tenancy plus one space for each 400 square feet of total floor area. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-89. Medical or dental clinics. [Added 3-27- 1975 by L.L. No. 2-1975]   (6)Maximum building coverage: 15%. B.Accessory services, including laboratories for the use of patients visiting medical practitioners in the clinic, may be permitted as part of the clinic facility, subject to the following specific conditions: (1)All entrances to parts of the building in which these accessory services are provided shall be from within the building and direct access from the street is prohibited. (2)The hours during which these services are provided shall be the same as those during which medical practitioners are receiving patients. (3)Signs or other evidence advertising or indicating the provision of these services visible from outside the building are prohibited. C.All parking areas and driveways shall have a suitable hard surface and individual parking stalls shall be delineated. A ten-foot-wide buffer area shall be maintained between any parking area and a side or rear line. This buffer area must be adequately landscaped to serve as a screening for adjacent uses. No parking area shall be allowed within 50 feet of the front line of the lot. ACCESSORY USES - ZONING BOARD OF APPEALS AUTHORITY § 194-90. Accessory professional offices. [Added 3-28-1985 by L.L. No. 5-1985 EN]   In any district where permitted, the Zoning Board of Appeals may grant a special permit for professional offices of a physician, attorney at law, dentist, engineer, architect, teacher, artist, musician and other members of a recognized profession or trade are permitted in residential districts when conducted by the resident only, 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. A.Number of employees. Not more than two nonresident employees or one nonresident employee and one associate shall be permitted in any dwelling at any one time. B.External evidence. There shall be no external evidence of such use except an announcement or professional sign not over two square feet in area. All new construction and exterior alterations will result in an appropriate visual composition which will be in harmony with the character of the residential district, taking into consideration the outside dimensions of the front facade, and the appearance thereof, the visual relationships between the property in question and existing residential structures, the character of the residential district, architectural style, heights and sizes of buildings, location and arrangement of buildings, setbacks, materials, line, color and detail. C.Retail sales. This section shall not authorize any form of retail sales as part of a professional office. ACCESSORY USES - BUILDING INSPECTOR'S AUTHORITY § 194-91. Accessory residential units in residential districts. [Added 3-28-1985 by L.L. No. 5-1985] A.Authority. The Building Inspector has authority to issue an accessory unit permit for accessory residential units in residential districts, provided that the Building Inspector finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.EN _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-91.  Accessory residential units in residential districts. [Added 3-28- 1985 by L.L. No. 5-1985]   B.Intent and purposes. It is the specific purpose and intent of this section to permit accessory units in one-family houses on one-family residential properties in all one-family residential districts to provide the opportunity and encouragement for the development of small, rental or owner-occupied housing units designed, in particular, to meet the special housing needs of single persons and couples of modest income, both young and old, including relatives and friends of families residing in East Fishkill. It is the further purpose and intent of these provisions to allow and encourage the more efficient use of the town's existing housing stock and accessory buildings, to preserve the town's historic and rural structures, to provide incentive for their maintenance, to provide economic support for present resident families of moderate or limited income, to promote efficiency in the consumption of energy and protection of the town's natural resources, and to protect and preserve property values. It is also the intent of these regulations to assure that the single-family character of the property will be maintained and that the accessory unit remain subordinate to the primary living quarters. To help achieve these goals, and to promote the other objectives of this section and of the Town Plan, including the goal to preserve the single-family residential character of the town, and the general benefit of the health and welfare of the town's people, the following specific standards are set forth and shall be complied with to the satisfaction of the Town Building Inspector in the granting of an accessory unit permit. C.Eligibility. Accessory units may be located on residential properties in residential zoning districts, excluding lots with multifamily or attached or semidetached units. D.Standards. (1)Location of unit and age of structure. Any accessory unit may be located in the principal resident dwelling building, provided such buildings existed at least five years prior to the date of application. Additionally, an accessory unit may be located in an accessory building on the same lot, provided that such accessory building was constructed and completed prior to the effective date of this section. (2)Number of accessory units per lot. There shall be no more than one accessory unit permitted per one-family building lot. (3)Size. At no time shall there be more than two new additional bedrooms created by the provision of the accessory unit. At no time shall the number of people living in either the accessory or primary unit exceed two people per bedroom. The requirements for maximum number of new bedrooms may be adjusted if, in the opinion of the Building Inspector, it is warranted by the specific circumstances of a particular building. (4)Off-street parking. One off-street parking space shall be provided per accessory unit, in addition to at least two off-street parking spaces required for the primary unit. (5)Exterior changes. Any exterior changes shall be made on the existing foundation unless, in the opinion of the Building Inspector, such changes are warranted by the specific circumstances of the particular building. No accessory buildings shall be created. Accessory units shall be located, designed, constructed, landscaped and decorated in such a manner that, to the maximum extent feasible, the appearance of the principal building will remain as a one-family residence. Accessory apartments in existing accessory buildings shall be similarly designed and constructed so as to enhance the single-family character of the principal building and to enhance and not detract from the single-family residential character of the neighborhood. (6)Water and septic service. The applicant shall comply with all applicable requirements of the Dutchess County Health Department. (7)Owner occupancy required. The owner(s) of the dwelling or an immediate family relative (spouse, child or parent) shall occupy either the primary unit or the accessory unit. (8)Sale or subdivision. Neither an accessory apartment nor the premises upon which such accessory apartment is located shall be sold, converted into cooperative or condominium ownership, or subdivided, unless such action is accomplished in full compliance with the codes and ordinances of the Town of East Fishkill, Dutchess County, and the laws of the State of New York. (9)Preexisting accessory apartments. Owners of accessory apartments which came into existence after January 7, 1963, and are in existence as of the effective date of this section shall have a maximum of 12 months from such date to apply for an accessory apartment housing permit and to meet the requirements of this section. E.Permits and renewals. (1)Permit required. The issuance of an accessory unit permit by the Building Inspector under this section, a building permit and a certificate of occupancy shall be the requirements for the creation of an accessory unit. The accessory unit permit shall include compliance with the conditions and standards of this section. Such permits shall be issued to the owner/occupant. (2)Certification and inspection. All accessory apartments, whether in the principal dwelling building or an accessory building, must meet the standards of the East Fishkill Building Code and Regulations, and all requirements of the applicable health, fire and sanitary codes. Inspections as required by the Building Inspector shall be made, and a certificate of occupancy must be secured prior to the use of the accessory apartment. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XII, Zoning Board Special Permits -  Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985]                     § 194-91.  Accessory residential units in residential districts. [Added 3-28- 1985 by L.L. No. 5-1985]   F.Procedure. The procedure for the issuance of an accessory unit permit by the Building Inspector is as follows: (1)Application forms. Special application forms shall be provided and shall be submitted to the building inspector. (2)Approval of plans. The Building Inspector need not require a formal site plan or survey if other documentation is sufficient to show compliance with this section. (3)Fee. A fee shall be paid in an amount as set from time to time by the Town Board to cover the costs of reviews and inspections. EN (4)Referral to the Planning Board. If the Building Inspector deems it advisable, he may refer the application to the Planning Board for a recommendation. Nonetheless, the Planning Board's recommendation is not binding on the Building Inspector, and the Building Inspector's decision on the accessory unit permit shall be final. ARTICLE XIII, Supplementary Bulk Regulations § 194-92. General.   The provisions of this chapter shall be subject to such exceptions, additions or modifications as are herein provided by the following supplementary bulk regulations. § 194-92.1.  Flag lots.  [Added 11-14-2002 by L.L. No. 9-2002] Flag lots shall provide at least 50 feet of frontage along the street, and the width of the strip of land ("flagpole") connecting the buildable portion of the flag lot with the street shall be at least 50 feet along its entire length. The area of the access strip (the "flagpole") shall not be included in calculating minimum lot area. The area of the main buildable portion of the lot, excluding the access strip, shall be at least the minimum lot area in the underlying zoning district, but in no event less than one acre. All flag lots created after December 5, 2002 (the effective date of this section), shall meet these requirements, and the applicable provisions of the Town of East Fishkill Subdivision Regulations,EN including those dealing specifically with flag lots.  § 194-93. Terraces. [Amended 3-28-1985 by L.L. No. 7-1985]   A paved terrace need not meet the requirements for yard sizes, floor area ratios or lot coverage, provided that such terrace is unroofed and without walls, parapets or other forms of enclosure. Such terrace, however, shall not project into any yard to a point closer than 15 feet from any lot line. § 194-94. Porches. [Amended 3-28-1985 by L.L. No. 7-1985]   No porch may project into any required yard. Any two-story or any enclosed porch, or one having a roof and capable of being enclosed, shall be considered a part of the building in determining the yard requirements, amount of lot coverage or floor area ratio. § 194-95. Private swimming pools and tennis courts. [Added 3-28-1985 by L.L. No. 7-1985] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XIII, Supplementary Bulk Regulations                     § 194-95. Private swimming pools and tennis courts.  [Added 3-28-1985 by L.L. No. 7-1985]     A private swimming pool or tennis court shall not be located, constructed or maintained on any lot or land area except in conformity with the following requirements: A.Enclosure for swimming pools. The portion of the premises upon which such pool is located shall be entirely enclosed with a good quality fence or equivalent enclosure of not less than four feet in height. Every gate or other opening in the fence enclosing such pool shall be kept securely closed and locked at all times when said pool is not in use. B.Coverage. Such pool and/or tennis court shall not cover more than 40% of the area of the rear yard or side yard in which it is located. C.Setback requirements. All swimming pools and/or tennis courts shall be set back from lot lines at least 25 feet from side and rear lot lines. Such pool and/or tennis court shall not be located in any required front yard. [Amended 6-14-2001 by L.L. No. 3-2001] § 194-96. Projecting architectural features.   The space in any required yard shall be open and unobstructed except for the ordinary projections of windowsills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than two feet into any required yard. § 194-97. Fire escapes. [Added 3-28-1985 by L.L. No. 7-1985]   Open fire escapes may extend into any required yard, with the exclusion of the front yard. § 194-98. Walls and fences.   The yard requirements of this chapter shall not be deemed to prohibit any necessary retaining wall nor to prohibit any fence or wall, provided that in any residential district such fence or wall shall not exceed four feet in height in any required yard, except where approved by the Board of Appeals. Walls and fences are also subject to the provisions of § 194-99. § 194-99. Visibility at intersections.   On a corner lot in any residential district, no fence, wall, hedge or other structure or planting more than 31/2 feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 30 feet distant from the point of intersection, measured along said street lines. § 194-100.  Corner lots.   [Amended 12-28-1995 by L.L. No. 11-1995; 1-11-1996 by L.L. No. 2-1996; 11-14-2002 by L.L. No. 11-2002] On a corner lot in any district, there shall be provided a yard on each street equal in depth to the required front yard on such street. A rear yard shall be provided on each corner lot and, in residential zones, the owner shall select which yard is the rear yard. In all other zones, the Planning Board, upon recommendation of the Building Inspector, shall determine which yard is the rear yard, during site plan review, after considering the orientation of the existing and/or proposed structure or structures, and the characteristics of surrounding property.  § 194-101. Height restriction exceptions. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XIII, Supplementary Bulk Regulations                     § 194-101. Height restriction exceptions.   A.The height limitations of this chapter shall not apply to church spires, belfries, cupolas, penthouses and domes which are not used for human occupancy, nor to radio and television antennas, dish antennas not over six feet in diameter, skylights, water tanks, bulkheads and similar necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve, shall not exceed in cross-sectional area 20% of the ground floor area of the building, shall not establish or create a hazard to aircraft and/or airport operations and, where required by law, shall be properly lighted and/or marked to protect aircraft. [Amended 3-28-1985 by L.L. No. 7-1985] B.The height limitation of 30 feet or two stories for the I-1 Light Industrial District may be increased 10 feet for every 100 feet of additional front yard depth which is furnished in excess of the 50 feet minimum front yard depth established in the Bulk Schedule, provided that any building exceeding the height limit of 30 feet or two stories shall be located on a lot of 10 acres or more and shall not be located, with respect to any boundary line, a distance less than the height of such building. C.Height variations. The height limitation of 35 feet or 2 1/2 stories for the R-1, R-2 and R-3 Districts may be increased 10 feet for every 100 feet of additional front yard depth which is furnished in excess of the 50 feet minimum front yard depth established in the Bulk Schedule, provided that any building exceeding the height limit of 35 feet or 2 1/2 stories shall not be located, with respect to any boundary line, a distance less than the height of such building. [Added 6-14-2001 by L.L. No. 3-2001] § 194-102. Exterior lighting. [Added 3-28-1985 by L.L. No. 7-1985]   All exterior lighting accessory to a multifamily or nonresidential use, and all lighting of recreational facilities accessory to a residential use, including the lighting of signs, shall be of such type and location and shall have such shading as will prevent the source of the light from being a visual nuisance to any adjacent residential property. Hours of lighting may be limited by the Planning Board in acting on any site development plan. Where site development plan approval is not required, the Building Inspector may limit the hours of lighting as a condition of building permit approval. § 194-103. Refuse disposal. [Added 3-28-1985 by L.L. No. 7-1985]   In multifamily and nonresidential uses, including special permit uses in residential zones, adequate facilities for disposal of refuse shall be provided by the owner/operator. In multifamily and nonresidential uses, including special permit uses in residential zones, all refuse disposal units or locations for deposit must also be screened from view and designed in such fashion as to be fireproof and to prevent access by rodents and blowing away of refuse. § 194-104. Awnings. [Added 3-28-1985 by L.L. No. 7-1985]   No awning or similar weather shielding feature projecting beyond the property line of any lot into the sidewalk portion of a street shall be erected or maintained on any building, unless such awning or feature shall be firmly attached to the building and is at all points at least eight feet above the sidewalk area. § 194-105. Minimum residential unit size. [Added 3-28-1985 by L.L. No. 7-1985]   The minimum residential unit size in all districts shall be 600 square feet for accessory, attached and semidetached units and 800 square feet for detached units. § 194-106. Ornamental features.   The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet. § 194-107. Accessory buildings. [Added 3-28-1985 by L.L. No. 7-1985] A.General. No building permit shall be issued for the construction of any detached accessory building, inclusive of garages, utility sheds, storage sheds or any other outbuildings, but not including construction sheds, until such time as the principal building has been substantially completed in all respects, conforming with all applicable provisions of this chapter. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XIII, Supplementary Bulk Regulations                     § 194-107. Accessory buildings. [Added 3-28- 1985 by L.L. No. 7-1985]   B.Standards. Buildings normally considered for utility use in conjunction with an existing residence, for the storage of garden or lawn tools, etc., may be erected without a building permit if they meet the following requirements: (1)Building dimensions. No such building shall be larger than 100 square feet in floor area nor more than 10 feet in height at its highest point. (2)Setbacks. Such buildings shall not be erected within 25 feet of a side or rear property line, and they must be located to the rear of the principal residence located on the same adjoining lots. (3)Deadline for construction. Such buildings must be of completed construction within a six-month period and must meet New York State Uniform Building and Fire Prevention Code requirements with what is considered finishing siding and roofing. C.Detached garages shall meet all applicable bulk regulations of the district in which they are located. In cluster subdivisions, the Planning Board may authorize detached garages to be placed within the rear yard, so long as the garage is set back at least 10 feet from the rear and side property lines. Garages within rear yards may in no event exceed 750 square feet in size and 1 1/2 stories or 25 feet in height. Up to 400 square feet of the area of the garage is excluded from the calculation of floor area for purposes of computing permitted floor area ratio. [Added 11-14-2002 by L.L. No. 9-2002] § 194-108. Construction sheds. [Added 3-28-1985 by L.L. No. 7-1985]   After building permits for basic construction have been granted in accordance with the appropriate provisions of this chapter, temporary construction sheds may be erected on the lot on which primary construction is to be undertaken. Each construction shed shall not be larger in size than 50 square feet unless an application therefor is made to the Building Inspector, such application adequately showing the need for a construction shed of larger size. The Building Inspector may grant permission for the temporary erection and use of such larger construction shed. All construction sheds shall be immediately removed in the event the building permit, originally issued by the Building Inspector, either expires or becomes void, or immediately upon completion of the work authorized by the building permit and prior to the issuance of a certificate of occupancy, unless such construction shed is to be used with respect to the erection of another building for which a building permit has been issued. Under no circumstances shall any construction shed be used for residential purposes. § 194-109. Landscaping, screening and buffer areas. [Added 3-28-1985 by L.L. No. 7-1985]   All portions of properties, except single-family detached dwellings, which are not used for locations for buildings, structures, off-street parking and loading areas, sidewalks or similar purposes, shall be suitably landscaped and permanently maintained with planting of trees and shrubbery, as approved by the Planning Board as part of the site plan or other approval, so as to minimize erosion and stormwater runoff and harmoniously blend such uses with the residential character of the town as a whole. A.Buffer. A landscaped buffer area shall be required to screen and protect neighboring residential properties from the view of uses and parking areas on the site. It shall: (1)Depth. Be at least 10 feet in depth along any lot line abutting or directly across the street from a lot in a residential district. (2)Plantings. Be of evergreen planting of such type, height and spacing as, in the judgment of the Planning Board, will effectively screen the activities on the lot from view of persons standing on adjoining properties. The plan and specifications for such planting shall be filed with the approved plan for the use of the lot. (3)Enclosure. A wall or fence of location, height and design approved by the Planning Board may be substituted for the required planting. B.Modifications. Where the existing topography and/or landscaping provides adequate screening, the Planning Board may modify the planting and/or buffer area requirements. C.Maintenance. All planting shown on an approved site development plan or special permit plan shall be maintained in a vigorous growing condition throughout the duration of the use, and plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XIII, Supplementary Bulk Regulations                     § 194-110. Underground utility lines. [Added 3-28- 1985 by L.L. No. 7-1985]   § 194-110. Underground utility lines. [Added 3-28-1985 by L.L. No. 7-1985]   All power and communication lines shall be installed underground in the manner prescribed by regulations of the governmental agency or utility company having jurisdiction. However, where site or other environmental considerations would cause undue hardship, the appropriate reviewing agency shall have authority to waive this requirement. § 194-111. Signs. [Added 3-28-1985 by L.L. No. 7-1985] A.General. No signs shall be constructed, erected, painted or otherwise established, moved, altered or changed within the limits of the Town of East Fishkill, except as specified below, until a permit therefor has been issued by the Zoning Board of Appeals. A public hearing on the application shall not be required. B.Regulations. All signs shall comply with the following regulations: (1)Dimensions and number of permanent signs. Signs on a building, with a combined total surface area not exceeding two square feet for each linear foot of the building frontage or a maximum of 100 square feet and pertaining to a permitted nonresidential use, shall be allowed on the same lot in any district, provided such signs shall not be located within 50 feet of an adjoining lot line in a residential district. Any sign which is not attached to or mounted on a building shall not exceed a surface area of 36 square feet. There shall be no more than one such sign on any lot, except that lots exceeding 500 feet of road frontage shall be allowed two such signs with a surface area not exceeding 25 square feet each. (2)Dimensions, location and removal of temporary signs. One temporary sign not exceeding 36 square feet in surface area and pertaining to the development of a new residential subdivision of five lots or more or pertaining to new construction of permitted nonresidential building shall be permitted in any district, with the following additional requirements: (a)Location. Temporary signs shall be located on the same tract as the new development construction. (b)Removal. Temporary signs shall be removed within 30 days following complete occupancy of the building or one year after issuance of the permit, whichever is sooner, unless an extension of time is granted by the Zoning Board of Appeals upon proper application. (3)Lights. All bare light sources and immediately adjacent reflecting surfaces shall be shielded from view; moving, glittering or flashing signs or advertising devices shall be prohibited. (4)Height above ground. Signs shall not be more than 15 feet nor less than two feet above ground. (5)Height above roof lines. No sign shall project above any roof or parapet line, except in industrial districts, one roof sign designed to identify the establishment may be authorized by permit from the Zoning Board of Appeals. (6)Property line. Signs shall not project over any property line, including the street right-of-way line. (7)Area. The area of a sign shall be determined by the smallest simple geometric shape (rectangle, triangle, polygon, circle or ellipse) that encompasses all of the letters or symbols or background which make up the sign (including supports when these are considered to be of significant size). Background shall include material that is different in texture or color from the general finish of the building, whether painted or applied. (8)Multiple-faced signs. Any sign may be double-faced, and only one face shall be counted in determining conformity to surface area limitations. Multiple-faced signs shall not have more total surface area on all sides than the double-faced sign. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XIII, Supplementary Bulk Regulations                     § 194-111. Signs. [Added 3-28-1985 by L.L. No. 7- 1985]   (9)Signs on vehicles. Temporary or permanent signs resting on or attached to vehicles shall not be used as a means to circumvent the provisions of this chapter. C.Exceptions. Exceptions to the sign regulations are as follows: (1)Public street signs. Official traffic and street signs installed for public purposes. (2)Residential signs. One sign not exceeding two square feet in surface are and pertaining to a permitted residential use, including sale, lease or rent signs but excluding advertising signs, shall be permitted on the same lot in a residential district without a permit. (3)Occupants' signs. Signs denoting the name and address of the occupants of the premises, which do not exceed 11/2 square foot in area, are permitted without a permit. (4)Maintenance. Maintenance (excluding alteration of a structure, reconstruction, re-erection or relocation) of signs for which a permit has been issued shall be permitted without reapplication for a permit. § 194-112. Dish antennas. [Added 3-28-1985 by L.L. No. 7-1985] A.Dish antennas equal to or under six feet in diameter. Dish antennas not over six feet in diameter are allowed as of right as an accessory use in all districts, subject to the setback requirements for buildings. B.Dish antennas over six feet in diameter. Dish antennas over six feet in diameter are allowed by special permit in accordance with the requirements for communication towers. (See Article IX, Special Permits, and Articles X, XI and XII, supplementary use regulations.) ARTICLE XIV, Supplementary Off-Street Parking Regulations § 194-113. General.   In conjunction with any principal building or use hereafter established, there shall be provided on the same lot therewith off-street parking spaces to meet the minimum requirements specified in the Off-Street Parking Schedule (§ 194-18) and subject to the following regulations. § 194-114. Residence districts.   No unenclosed off-street parking facility shall be developed within 25 feet of a front lot line nor within 10 feet of a side or rear lot line. § 194-115. Business and industrial districts. [Amended 9-12-1996 by L.L. No. 9-1996] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XIV, Supplementary Off- Street Parking Regulations                     § 194-115. Business and industrial districts.  [Amended 9-12-1996 by L.L. No. 9-1996]     Parking prohibited in residential zones. No parking required for a business use or an industrial use in a business or an industrial district (B-1, B-2, PBN, PCP, PRDP, I-1, I-2, I-3, I-1-S) shall be provided in a residence district. § 194-116. Improvements. [Amended 9-12-1996 by L.L. No. 9-1996] A.General requirements. Required off-street parking facilities may be enclosed in a structure or may be open, provided that all required parking facilities shall be graded, surfaced, drained and suitably maintained as approved by the Planning Board, or Zoning Board, as the case may be, or by the Building Inspector in the event that no approvals from the Planning Board or Zoning Board are required. Plans for any off-street parking area shall provide for suitable markings to indicate parking spaces, maneuvering area, and entrances and exits. B.Landscaping requirements. Required off-street parking shall meet the following landscaping requirements: (1)Front yard landscape buffer for parking areas. Any office, commercial or industrial development on Route 52 shall have a minimum fifty-foot suitably landscaped buffer strip along the Route 52 frontage. No parking or structures shall be placed within this buffer strip. Along the frontages of all other roads, a twenty-five-foot suitable landscaped buffer strip shall be required along the road frontage for any required street parking facility. The landscaping for these buffer areas shall be approved by the Planning Board or the Zoning Board, as the case may be, or by the Building Inspector in the event that no approval from the Planning Board or Zoning Board is required. (2)Side and rear landscape buffer. A suitably landscaped buffer of at least 10 feet in depth shall be provided along each side and rear lot line, and no parking or structures shall be placed within this buffer area. The landscaping for these buffer areas shall be approved by the Planning Board or the Zoning Board, as the case may be, or by the Building Inspector in the event that no approval from the Planning Board or Zoning Board is required. (3)Interior landscaping of parking areas. Landscaped median islands, where required under this section, shall be landscaped. At least one tree per each 10 parking spaces shall be provided as landscaping in the medians within the parking areas, or such other equivalent landscaping as approved by the Planning Board. This requirement shall be deemed to be in addition to any landscaping provided in the front, side or rear landscaped buffers as provided in Subsection A(1) and (2), above. C.Size and dimensions of parking spaces and lanes between rows of parking. (1)Spaces: Parking spaces shall measure, at a minimum, 10 feet wide by 18 feet deep. (2)Lanes between rows/bays of parking: Rows of parking spaces shall be separated by a travel lane at least 24 feet wide. (3)Width and curbing of landscaped median islands between bays of parking: Landscaped islands separating bays of parking shall be at least eight feet wide, with a six-inch high curb. Curbing shall be provided for these bays utilizing concrete, granite, belgian block or other similar material, as approved by the Planning Board. (4)A sketch illustrating these dimensional requirements is attached to this section as Exhibit A and shall be incorporated as part of Article XIV. EN § 194-117. Longevity and use.   Required off-street parking facilities shall be maintained as long as the use or structure exists which the facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times to those persons who are employed at or make use of such structures and land uses, except when dedicated to and accepted by the town as public parking areas. § 194-118. Location. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XIV, Supplementary Off- Street Parking Regulations                     § 194-118. Location.     All parking spaces provided pursuant to this article shall be on the same lot with the building, except that the Board of Appeals may permit the parking spaces to be on a lot within 500 feet of the building if it determines that it is impractical to provide parking on the same lot with the building. ARTICLE XV, Nonconforming Uses and Buildings § 194-119. General.   The provisions contained in this article shall apply to all nonconforming uses of buildings or land existing on the effective date of this chapter and to such uses that become nonconforming by reason of any amendment thereto. § 194-120. Continuance of nonconforming uses.   Except as otherwise provided in this article, the lawful use of any building or land existing at the time of the enactment of this chapter or any amendments thereto may be continued although such use does not conform to the provisions of this chapter. § 194-121. Nonconforming buildings.   A building that is conforming in use but does not conform to the bulk or parking requirements of this chapter shall not be considered to be nonconforming within the meaning of § 194-119; however, no permit shall be issued that will result in the increase of any such nonconformity. § 194-122. Changes.   The nonconforming use of a building or land may be changed only to a conforming use or to a use of similar or less nonconformity as determined by the Board of Appeals. § 194-123. Enlargements or extensions. A.A building or land area, the use of which does not conform to the use regulations for the district in which it is situated, may, upon conformance with the standards and issuance of a special permit by the Board of Appeals as provided in Article IX, be enlarged or extended in an amount which may not exceed 50% of the gross area actually occupied by such use at the time of the adoption of this chapter or any amendments thereto. B.An enlargement or extension which is greater than 50% of the gross area must conform to all regulations, including the use regulations for the district in which it is situated, for that portion of the building or land exceeding 50%. C.Any nonconforming use may be extended throughout any parts of the building which were lawfully and manifestly arranged or designed for such use at the time of the adoption of the provisions of this chapter or amendments thereto. D.[Added 9-14-1995 by L.L. No. 8-1995] Notwithstanding any of the foregoing, a mobile home park located in any B-1 or R-1 zone which has been enlarged or extended under Subsection A above may, upon conformance with the standards and issuance of a special use permit by the Board of Appeals as provided in Article IX, be further enlarged or extended in an amount not to exceed an additional 25 mobile home units or 50% of the number of units in existence at the time of the request for the second expansion, whichever is greater. While this is the maximum number attainable, an application must also meet site plan approval requirements, and the Planning Board shall determine the actual number of additional units which can be placed on the site, as part of its site plan review function. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XV, Nonconforming Uses and Buildings                     § 194-123. Enlargements or extensions.   (1)Procedure. (a)The Zoning Board of Appeals shall open its public hearing process on the special permit application, combining this, where possible, with its hearing on the amended mobile home park license under § 131-5C of the East Fishkill Code. The Zoning Board shall also coordinate the SEQR process with the Planning Board and any other involved agencies. After the initial session of the public hearing, the Zoning Board shall refer the proposed special permit application to the Planning Board for a site plan review and an advisory recommendation prior to making its decision. The advisory opinion will address the site plan issues and will recommend a proposed maximum number of mobile home units for the site, and a proposed mix of active and passive recreation, based upon site plan and layout considerations, including those set forth in this chapter. The Planning Board shall also make a final SEQR determination of significance, and may grant preliminary site plan approval, which approval shall be conditioned upon the issuance of a special permit by the Zoning Board of Appeals. (b)After the Planning Board's recommendation, the Zoning Board shall proceed to final consideration of the special permit application, taking into consideration the general provisions of law applying to the grant of special permits and the specific standards set forth in this Zoning Chapter relating to mobile homes. The final decision on the special permit shall be made only after the final SEQR determination has been made. (c)Any special permit granted by the Zoning Board shall be conditioned upon receipt of final site plan approval by the Planning Board pursuant to Article VII. (2)The proposed enlargement or extension must comply with the following standards, at a minimum, and the Zoning Board shall not waive or grant area variances of any of these standards: (a)The mobile home park must have been established before the effective date of zoning (February 7, 1963). (b)The property which is the subject of the expansion application must be owned by the mobile home park owner as of January 1, 1995. (c)No mobile home unit, building or structure shall be located nearer than 50 feet from the boundary of the mobile home park. (d)[Amended 10-23-1997 by L.L. No. 8-1997] Access roads within the expansion area shall be at least 20 feet in width, and shall be paved to the following thickness standards: 9 inches R-O-B Gravel 3 inches Item 4 2 inches Binder Course Blacktop 1.5 inches Top Wearing Course Blacktop (e)All structures, including mobile home units shall have a minimum setback of 20 feet from any interior access road, except mail boxes and school bus shelters. (f)The minimum separation between mobile home units shall be 30 feet. Accessory structures such as carports, storage sheds, decks, patios, whether enclosed or not, may be located within the separation, but no closer than five feet of the line separating two mobile home sites. Additionally, accessory storage sheds shall not be located forward of the rear line of the mobile home. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XV, Nonconforming Uses and Buildings                     § 194-123. Enlargements or extensions.   (g)Each mobile home site shall provide off-street parking for at least two vehicles. The site plan shall also provide additional guest parking in an amount not less than 1/2 space per unit. Guest parking spaces will be located in one or more common parking areas shown on the site plan. (h)The gross density of the expansion area shall not exceed four units per acre. No individual mobile home site shall be smaller than 5,000 square feet. (i)The minimum size of any mobile home shall be 600 square feet. (j)The expansion area shall be held in the same ownership as the main park, and shall not be subdivided. (k)All new mobile home units shall have peaked roofs. (l)Water supply and sewage disposal shall be approved by the Dutchess County Department of Health. (m)A minimum of 10% of the total park area shall be set aside and used for recreational area for the park. The Planning Board shall decide on an appropriate mix of active and passive recreation for the site. The land set aside for recreation shall be suitable for such use and shall be maintained by the owner of the park in a neat and usable condition for the residents of the mobile home park, and no portion of its active or passive use shall be changed absent the grant of an amended site plan approval by the Planning Board. Additionally, the failure to maintain the recreation area shall be deemed a violation of the conditions of the special permit and the site plan approval. (n)Where there is a conflict between the development standards set forth in this section and those set forth in Chapter 131 of the East Fishkill Code, then the standards set forth in this section shall control as to expansions covered by this section. § 194-124. Alterations.   A building nonconforming in use may be structurally altered, provided the aggregate cost of the structural alteration does not exceed 25% of the real value as determined by reference to the assessed valuation and equalization rate in effect at the time the alteration is to be performed. Structural alterations required by law and such maintenance and repair work as is required to keep a nonconforming building in sound condition shall be permitted. § 194-125. Discontinuance.   Whenever a nonconforming use of a building or land has been discontinued for a period of more than one year or is changed to a conforming use, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter. § 194-126. Restoration.   Any building nonconforming in use which is damaged by fire or other causes to the extent of more than 50% of its real value, as determined by reference to the assessed valuation and equalization rate in effect when such damage occurs, may be repaired or reconstructed to the same size and on the same location or at the location specified for new buildings in the district in which such use is located, provided such repairs or reconstruction shall be completed within two years of the date on which the damage occurred. § 194-127. Removal. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XV, Nonconforming Uses and Buildings                     § 194-127. Removal.     If a building nonconforming in use is hereafter removed, the subsequent use of the lot on which such building was located and the subsequent use of any building thereon shall be in conformity with the regulations specified by this chapter for the district in which such land or building is located. § 194-128. Completion of building under construction.   Any building, the construction of which has been started prior to the effective date of this chapter, and the ground story framework of which, including the second tier of beams, has been completed within six months after the date of the adoption of this chapter, may be completed, provided such construction is diligently prosecuted and the building is completed within one year of the date of the adoption of this chapter. § 194-129. Existing special permit uses.   Any lawful use existing at the time of the adoption of this chapter or of any amendments thereto, which is classified as a special permit use in the district in which it is located, shall, without further action, be deemed to be a conforming use. § 194-130. Undersized lots. A.Any lot held in single and separate ownership prior to the adoption of this chapter, whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter or any amendment thereto for the district in which it is situated, may be considered as complying with such minimum lot requirements, provided that: (1)Such lot does not adjoin other undersized lot or lots held by the same owner whose aggregate area is equal to or greater than the minimum lot area required for that district. (2)The minimum front and rear yard dimensions for the district are maintained. (3)The following side yard dimensions are maintained in residence districts: Existing Lot WidthEach Side Yard (feet)(feet)   75 - 12415 74 or less12 _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XV, Nonconforming Uses and Buildings                     § 194-130. Undersized lots.   (4)All other bulk requirements for the district are complied with. B.Notwithstanding anything contained herein to the contrary, if a parcel of land acquired prior to the adoption of this chapter is held in a single and separate ownership and has not been acquired as one parcel and each acquired parcel contains in excess of 1/2 acre, and such acquired parcel does not adjoin other vacant and undeveloped parcels held by the same owner, then such separately acquired parcel or parcels may be considered by the Board of Appeals, for the purpose of granting a variance, as complying with such minimum lot requirements of this chapter or any amendments thereto, even though the area and/or depth are less than the specified minimum lot requirements of this chapter or any amendments thereto, for the district in which it is situated. C.In a zone requiring a minimum lot size of two or more acres, a lot which was lawfully created prior to the effective date of the law creating the two-acre zone, to wit, April 1, 1985, whether held in single and separate ownership or not, which lot is less than two acres in size, but at least one acre in size, shall be considered as a conforming lot with respect to area; and said lot further shall be required to meet the bulk regulations applicable to the one-acre zone. In a zone requiring a minimum lot size of three or more acres, a lot which was lawfully created after April 1, 1985, but prior to the effective date of the law creating the three-acre zone, to wit, December 5, 2002, whether held in single and separate ownership or not, which lot is less than three acres in size, but at least two acres in size, shall be considered as a conforming lot with respect to area; and said lot further shall be required to meet the bulk regulations applicable to the two-acre zone. [Added 3-28-1985 by L.L. No. 2-1985; amended 6-14-2001 by L.L. No. 3-2001; 11-14-2002 by L.L. No. 4-2002]  D.An undersized lot, which was lawfully created prior to the effective date of this chapter, whether or not held in single and separate ownership, which lot adjoins another undersized lot, upon which is located the residence of the owner, may be considered by the Board of Appeals for the purpose of granting a variance in accordance with § 194-130B; provided said lot meets the bulk regulations of § 194-130A(3) and (4). [Added 11-16-1989 by L.L. No. 11-1989; amended 3-8-1990 by L.L. No. 1-1990] § 194-131. Lots in approved subdivisions. [Amended 3-28-1985 by L.L. No. 2-1985] A.Any lot in a subdivision whose plat has been approved and properly filed prior to passage of this chapter or any amendments thereto, and whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter or any amendments thereto for the district in which it is situated, may be considered as complying with such minimum lot requirements in accordance with the provisions of Town Law § 265-a. B.In addition to the foregoing, lots on a subdivision plat located within the R-2 zone created by Local Law No. 2-1985, which received preliminary approval by the East Fishkill Planning Board on or after September 1, 1984, and before the effective date of this local law, to wit, April 1, 1985, shall be considered as complying with this law and shall, upon compliance with any other applicable requirements, be entitled to building permits, provided that: [Amended 6-14-2001 by L.L. No. 3-2001] (1)All such lots are at least one acre in size and comply with all other bulk requirements of the R-1 zone; (2)A legally sufficient application for final subdivision approval is submitted to the Planning Board within six months of the effective date of Local Law No. 2-1985; and (3)Final subdivision approval is thereafter granted, any applicable conditions of approval are timely met, and the final plat is duly and timely filed in the Dutchess County Clerk's Office pursuant to Town Law § 276. C.In addition to the foregoing, lots on a subdivision plat located within the R-3 Zone created by Local Law No. 4 of the year 2002, and which received preliminary subdivision approval by the East Fishkill Planning Board before the effective date of such local law, to wit: December 5, 2002, shall be considered as complying with this chapter and shall, upon compliance with any other applicable requirements, be entitled to building permits, provided that: [Added 11-14-2002 by L.L. No. 4-2002]  (1)All such lots comply with the provisions of the two-acre zone requirements, and with all other bulk requirements of the two-acre zone.  (2)A legally sufficient application for final subdivision approval is submitted to the Planning Board within six months of the effective date of the local law creating the three-acre zone (December 5, 2002).  (3)Final subdivision approval is thereafter granted within six months after such submission, and the final plat is duly and timely filed in the Dutchess County Clerk's office pursuant to Town Law § 276.  § 194-132. Site plan required. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 2, Regulatory Provisions                 ARTICLE XV, Nonconforming Uses and Buildings                     § 194-132. Site plan required.   A.Any application for a building permit for a change in use, the enlargement or extension, alteration or restoration of a building or land existing as nonconforming except a residence, shall require the submission of a site plan. B.The application and procedure shall conform to Article VII of this chapter, with the exception that the application will be made to the Board of Appeals, which, in turn, will submit the site plan to the Planning Board for review prior to the granting of any permit or the extension of an existing permit. Part 3, Administrative Provisions ARTICLE XVI, Enforcement § 194-133. General.   No board, agency, officer or employee of the Town of East Fishkill shall issue, grant or approve any permit, license, certificate or other authorization for any construction, reconstruction, alteration, enlargement or moving of any building or for any use of land or building that would not be in full compliance with the provisions of this chapter. § 194-134. Enforcement officer.   This chapter shall be enforced by the Building and Zoning Administrator, who shall be appointed by the Town Board. No building permit or certificate of occupancy shall be issued by him except where all the provisions of this chapter have been complied with. § 194-135. Filing of administrative decisions. EN   Each order, requirement, decision, interpretation or determination of the Building and Zoning Administrator and any other administrative official subsequently charged with the enforcement of the Zoning Chapter shall be filed in the office of such administrative official within five business days from the day it is rendered, and shall be a public record. § 194-136. Inspections; notices of violation.   The Building and Zoning Administrator is authorized to enter, inspect and examine any building, structure, place, premises or use in the Town of East Fishkill with regard to the provisions of this chapter and to issue a written order for the proper remedying or compliance, within a reasonable period of time, of any condition found to be in violation thereof. He shall keep a permanent record of all violations of this chapter, whether reported by private citizens or by any board, agency, officer or employee of the town, and such record shall show the disposition of all such violations. § 194-137. Reports.   The Building and Zoning Administrator shall make a report to the Town Board, in writing, at least once every three months, reporting the number and type of building permits and certificates of occupancy issued and listing all reported or continuing violations of this chapter and the disposition or pending action of such violations. ARTICLE XVII, Building PermitsEN _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 3, Administrative Provisions                 ARTICLE XVII, Building Permits                     § 194-138. Permit required.   § 194-138. Permit required.   No building or structure shall be erected, enlarged, structurally altered, demolished, moved or removed, wholly or partly, and no excavation for any building, structure or use shall be made, until a building permit therefor has been issued by the Building and Zoning Administrator. Except upon a written authorization of the Board of Appeals, no such building permit shall be issued for any building where such construction, addition, alteration, moving or use thereof would be in violation of any of the provisions of this chapter. § 194-139. Application for permit.   There shall be submitted with all applications for building permits two copies of a layout or plot plan drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of all existing and proposed buildings, the lines within which the building or structure is to be erected or altered, the existing and intended use of each building or part thereof, the number of families or housekeeping units that a building is designed to accommodate and such other information with regard to the lot and neighboring lots that may be necessary to determine and provide for the enforcement of this chapter. All dimensions shown on the plan relating to the location and size of the lot to be built upon shall be based on an actual survey prepared by a licensed land surveyor, and the lot shall be staked out on the ground before construction is started. The Building and Zoning Administrator, after inspection of the property, may require information relative to the lot grading where the buildings are to be located. § 194-140. Fees.   A fee shall be charged for every building permit issued. The amount of such fee shall be as determined from time to time by the Town Board. EN § 194-141. Expiration of permits.   A building permit shall be void if construction is not started within a period of 90 days or completed within a period of one year of the date of said permit, except that such building permit may be renewed by the Building and Zoning Administrator for an additional period of time, under the same procedure and pursuant to the provisions of this chapter, as they may apply. § 194-142. Records.   The Building and Zoning Administrator shall maintain a permanent file of all applications for building permits and of plans submitted therewith, and records of all building permits issued by him. ARTICLE XVIII, Certificates of Occupancy § 194-143. Certificates of occupancy required.   A certificate of occupancy shall be obtained from the Building and Zoning Administrator for any of the following: A.Occupancy and use of a building hereafter erected, structurally altered or moved. B.Change in use of an existing building to a use of a different classification. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 3, Administrative Provisions                 ARTICLE XVIII, Certificates of Occupancy                     § 194-143. Certificates of occupancy required.   C.Occupancy and use of vacant land except for agricultural use in a district which so permits. D.Change in use of land to a use of a different classification except for agricultural use in a district which so permits. E.Any change in use of a nonconforming use. § 194-144. Application for certificate. A.All certificates of occupancy shall be applied for coincident with the application for a building permit. Said certificate shall be issued within 10 days after the erection or alterations shall have been approved as complying with the provisions of this chapter. The application for a certificate of occupancy shall be accompanied by a fee which shall be fixed from time to time by the Town Board by resolution. [Amended 9-8-1977 by L.L. No. 7-1977] B.No permit for excavation for, or the erection or alteration of, or repairs to any building shall be issued until an application has been made for a certificate of occupancy. C.The Building and Zoning Administrator shall not issue a certificate of occupancy without having in his possession a plot plan showing the dimensions of the building and the location of the building in relation to all property lines. This plot plan must be certified as showing the correct location of the building by a licensed land surveyor or professional engineer. Neither shall the Building and Zoning Administrator issue a certificate of occupancy unless application has been made for a driveway entrance permit where applicable. [Amended 3-22-1979 by L.L. No. 1-1979] D.Buildings being constructed with access onto roads that are covered by a performance bond shall not receive a certificate of occupancy without approval of the Town Highway Superintendent. This approval cannot be granted until the road has a suitable hard surface as determined by the Superintendent. § 194-145. Temporary certificates of occupancy. [Amended 9-8-1977 by L.L. No. 7-1977]   Temporary certificates of occupancy may be issued by the Building and Zoning Administrator for individual buildings in a large-scale development or for parts of buildings proposed to be extended after the erection of such building or part thereof has been completed in conformity with the provisions of this chapter. Temporary certificates shall be issued for a period not exceeding six months but shall be renewable for six-month periods during the completion of construction or alteration of any building. Such temporary certificates shall not be issued except under such restrictions and provisions as will adequately assure the safety of the occupants of the building and of adjacent buildings and land. The applicant for a temporary certificate of occupancy shall deposit with the chief fiscal officer a performance bond in sufficient amount and duration to secure the completion of the site plan as approved. The amount of the bond shall be determined by the Town Engineer. § 194-146. Records.   The Building and Zoning Administrator shall maintain a record of all certificates, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected. ARTICLE XIX, Board of Appeals § 194-147. Appointment; rules of conduct and procedure. EN   The Town Board shall appoint a Board of Appeals consisting of five members and shall designate the chairperson thereof. In the absence of the chair, the Board of Appeals may designate a member to serve as acting chair. The Board of Appeals shall, consistent with the provisions of town law, determine its own rules of conduct and procedure. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 3, Administrative Provisions                 ARTICLE XIX, Board of Appeals                     § 194-148. Powers and duties.   § 194-148. Powers and duties.   The Board of Appeals shall have all the powers and duties prescribed by Town Law, by this chapter and by its own duly adopted rules. Upon proper request, it shall perform the functions specified in §§ 194-150 through 194-152 following. § 194-149. Training requirements. [Added 6-24-1993 by L.L. No. 2-1993] A.Within the first two years after initial appointment, a Zoning Board member shall attend a training program at an appropriate level relating to the duties of Zoning Board members, approved in the manner herein provided. B.All other Zoning Board members shall attend training programs at an appropriate level during their term of office, approved in the manner herein provided. C.After discussion and consultation with the Zoning Board Chair, the Town Board shall establish, by resolution, a list of approved programs and the required minimum hours of attendance, to satisfy the requirements of Subsections A and B. The Town Board may, from time to time, modify and amend the list of approved programs by resolution, after discussion and consultation with the Zoning Board Chair. D.The Town Board shall chose programs which relate to the duties of Zoning Board members. These may include courses, workshops or training programs sponsored by groups such as the New York State Association of Towns, the New York State Department of State or certified training providers, the New York State Department of Environmental Conservation, the Dutchess County Planning Federation, the Westchester County Planning Federation, the New York State Planning Federation, or other appropriate entities. E.All training provided pursuant to this section shall be at town expense. F.By December 31 of each year, members of the Zoning Board shall file with the Town Clerk proof of attendance at any training programs required by this section. G.Noncompliance with minimum requirements relating to training shall be deemed a proper cause for removal from office. A Zoning Board member who fails to attend the programs as provided in this section and specified pursuant to the resolutions promulgated thereunder, shall be subject to removal following the procedures set forth in Town Law § 267. § 194-150. Interpretation.   Upon appeal from a decision by an administrative official, the Board of Appeals shall decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto. § 194-151. Special permits. [Amended 6-14-2001 by L.L. No. 3-2001]   The Board of Appeals shall issue special permits for any of the uses for which this chapter requires the obtaining of such permits from the Board of Appeals (see Article IX, X, XI and XII under the procedures set forth therein). § 194-152. Variances. [Amended 9-8-1977 by L.L. No. 7-1977; 6-14-2001 by L.L. No. 3-2001] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 3, Administrative Provisions                 ARTICLE XIX, Board of Appeals                     § 194-152. Variances. [Amended 9-8-1977 by L.L. No.  7-1977; 6-14-2001 by L.L. No. 3-2001]   A.The Board of Appeals may grant variances as set forth herein. (1)Use variances. (a)The Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, shall have the power to grant use variances, as defined in the Town Law. (b)No such use variance shall be granted by the Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located: [1]The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence. [2]That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood. [3]That the requested use variance, if granted, will not alter the essential character of the neighborhood. [4]That the alleged hardship has not been self-created. (c)The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. (2)Area variances. (a)The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter, to grant area variances as defined in the Town Law. (b)In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider: [1]Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; [2]Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; [3]Whether the requested area variance is substantial; _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 3, Administrative Provisions                 ARTICLE XIX, Board of Appeals                     § 194-152. Variances. [Amended 9-8-1977 by L.L. No.  7-1977; 6-14-2001 by L.L. No. 3-2001]   [4]Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and [5]Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance. (c)The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. B.Imposition of conditions. The Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. C.The application for a variance to the Board of Appeals pursuant to this chapter shall be accompanied by a fee which shall be fixed from time to time by the Town Board by resolution. § 194-153. Procedure. A.The Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All appeals and applications made to the Board shall be in writing and on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of the chapter involved and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. An application for a use variance must also contain 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 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) 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. An appeal may be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the administrative official charged with the enforcement of such ordinance or local law in the office of such administrative official. Such appeal shall be taken by filing with such administrative official and with the Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The administrative official from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken. EN B.Notice of hearing. The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice of the hearing by publication in a paper of general circulation in the town at least five days prior to the date thereof. The cost of publication, or a reasonable fee therefore, shall be paid by the appealing party prior to the opening of the hearing. At least five days before the public hearing, the Board of Appeals shall mail notices thereof to the appellant and to the administrative official, if any, from whom the appeal was taken. If an application for a use variance contains 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 agricultural data statement. The Board shall also comply with notice requirements to the County Planning Department as provided in General Municipal Law § 239-m, and to the regional state park commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal. All applications requiring an agricultural data statement shall be referred to the County Planning Department as required under General Municipal Law § 239-m. At least 30 days before the date of the Board's decision on an application or appeal to the Board of Appeals, the Secretary of said Board may transmit to the Planning Board a copy of said application or appeal and may request that the Planning Board submit to the Board of Appeals its opinion on said application or appeal. The Planning Board shall submit a report of such advisory opinion prior to the date of said hearing. Upon failure to submit such report, the Planning Board shall be deemed to have approved the application or appeal. [Amended 4-9-1970EN] C.Decision. The Board of Appeals shall decide upon the appeal within 62 days after the close of the public hearing. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official. In making such determination, the Board shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken. Prior to any decision, the Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board. [Amended 3-28-1985 by L.L. No. 4-1985EN] D.Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case. E.Filing and mailing decisions. Every decision or determination of the Board of Appeals shall be filed in the office of the Town Clerk within five business days after the decision is rendered, and a copy mailed to the applicant.EN F.Rehearing. Any member of the Board of Appeals may make a motion to hold a rehearing to review any order, decision or determination of the Board not previously reheard. Such rehearing may occur only upon a unanimous vote of all members of the Board then present. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the Board finds that the rights vested in person acting in good faith in reliance upon the reheard order, decision or determination will not be prejudiced thereby.EN [Added 6-14-2001 by L.L. No. 3-2001] ARTICLE XX, Amendments § 194-154. General power of Town Board. [Amended 8-11-1994 by L.L. No. 5-1994]   The Town Board may from time to time on its own motion or on petition or on recommendation of the Planning Board amend, supplement or repeal the regulations and provisions of this chapter after public notice and hearing and in the manner provided by law. Where zoning amendments are adopted pursuant to the Municipal Home Rule Law, notice of hearing shall be provided in accordance with said law, and in accordance with Chapter 22 of the East Fishkill Code. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 3, Administrative Provisions                 ARTICLE XX, Amendments                     § 194-155. Advisory report by Planning Board.   § 194-155. Advisory report by Planning Board. A.The Town Board shall refer every proposed amendment or change, whether initiated by the Town Board or by petition, to the Planning Board for its recommendations, prior to taking final action on the proposed amendment or change. [Amended 8-11-1994 by L.L. No. 5-1994] B.In recommending the adoption of such proposed amendment, the Planning Board shall state its reasons for such recommendation, describing any condition that it believes makes the amendment advisable and specifically setting forth the manner in which, in its opinion, the amendment would be in harmony with the town's Land Use Plan and would be in furtherance of the purposes set forth in Article I of this chapter. In recommending the rejection or revision of any proposed amendment, the Planning Board shall similarly state its reasons. C.The Town Board shall not take final action on the proposed amendment unless it has received the Planning Board's report, except that if the Planning Board fails to report thereon within 30 days from the date of referral, the Town Board may act on the proposed amendment without the Planning Board's report. [Amended 8-11-1994 by L.L. No. 5-1994] § 194-156. Referral to Dutchess County Department of Planning and Development. [Amended 8-11-1994 by L.L. No. 5-1994]   Where required under General Municipal Law §§ 239-l and 239-m, the proposed amendment shall be forwarded to the Dutchess County Department of Planning and Development prior to final action thereon. § 194-156.1.  Consideration of Greenway Connections.  [Added 11-14-2002 by L.L. No. 1-2002] Whenever undertaking any amendment, supplement or repeal of the Zoning Code of the Town of East Fishkill, the Town Board shall consider the statement of land use policies, principles and guidelines contained in the Greenway Connections, in its deliberative process, as set forth in Chapter 117 of this Code.  § 194-157. Fee. [Amended 9-8-1977 by L.L. No. 7-1977]   Every petition for an amendment to this chapter shall be accompanied by a fee which shall be fixed from time to time by the Town Board by resolution. ARTICLE XXI, Interpretation and Application § 194-158. General.   In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion and protection of the public health, morals, safety and general welfare. § 194-159. Relation to other regulations.   Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the highest standards shall govern. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 3, Administrative Provisions                 ARTICLE XXI, Interpretation and Application                     § 194-160. Effect on public properties.   § 194-160. Effect on public properties.   This chapter is not intended to restrict the construction or use of public buildings or lands or property supported in part or in whole by taxes on property in the Town of East Fishkill, in the exercise of a governmental function. § 194-161. Effect on public utilities. [Amended 6-11-1998 by L.L. No. 5-1998]   The construction and modification of commercial communications towers and antenna installations is permitted as shown in the use schedules, and requires a special permit as provided in § 194-76. The construction or modification of other public utility structures, including the construction or use of underground or overhead lines or other structures used for public utility purposes and subject to the jurisdiction of the Public Service Commission of the State of New York is a permitted use in the Industrial districts in the town, as shown on the use schedule. The establishment of public utility buildings or substations in residential zones requires a special permit from the Zoning Board of Appeals. The issuance of any special permit is subject to such conditions as the Board of Appeals may impose in order to preserve and protect the character of the district ARTICLE XXII, Violations § 194-162. Penalties for offenses. [Amended 9-13-1990 by L.L. No. 6-1990] A.A violation of this chapter or any portion thereof is hereby declared to be a misdemeanor punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation. B.Nothing herein contained shall in any way limit the use of any appropriate action or proceedings at law or in equity to prevent unlawful construction or to restrain, correct or abate any violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises; and those remedies shall be in addition to the penalties prescribed in Subsection A. § 194-163. Complaints of violations.   Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Building Inspector, who shall properly record such complaint and immediately investigate and report thereon to the Town Board. ARTICLE XXIII, Affordable Housing  [Added 11-14-2002 by L.L. No. 3-2002 EN] § 194-164.  Affordable Housing.  A.Intent and purpose. It is the intent and purpose of the Town of East Fishkill to increase the number of affordable housing units available to low/moderate-income families as defined in § 194-3.  B.Requirements and incentives for participation. In order to provide affordable housing in the Town of East Fishkill, the Town hereby provides a system of zoning incentives, pursuant to Town Law § 261-b, in the form of additional permitted housing units and permitted reduced lot sizes, as follows:  (1)CRD Districts. No less than 10% of the base number of permitted units in a CRD project shall meet the requirements of this section. Upon request of the developer, the Planning Board may consider approving the inclusion of an additional 5% of affordable units. The number of additional incentive market-rate units to be allowed shall be calculated, pursuant to Subsection B(4) below, based upon the number of affordable units being provided.  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 3, Administrative Provisions                 ARTICLE XXIII, Affordable Housing  [Added 11-14- 2002 by L.L. No. 3-2002EN]                     § 194-164.  Affordable Housing.   (2)R-3, R-2, R-1.5, and R-1 Zoning Districts. The Planning Board may approve an application by a developer to include affordable housing units in a conventional cluster or cluster subdivision in these zoning districts, constituting up to 15% of the base number of permitted units. The number of additional incentive market-rate units to be allowed shall be calculated pursuant to Subsection B(4) below, based upon the number of affordable housing units being provided.  (a)Conventional subdivisions. The base number of permitted units in a conventional subdivision shall be based upon a conventional subdivision layout that conforms with Zoning Law and subdivision regulation EN requirements, including provisions on environmentally sensitive lands. For purposes of incorporating the affordable housing incentive units into the subdivision, and pursuant to the authority of Town Law § 261-b, the Town Board hereby authorizes the Planning Board to permit a reduction in the minimum lot size of the underlying zone for any of the lots in the subdivision, not less than 3/4 of the minimum lot size required in the bulk regulations for the underlying zone, provided that all lots must also:  [1]Comply with all other bulk requirements, including FAR, of the underlying zone; and  [2]Comply with the provisions on minimum buildable area in § 194-14.1B(2).    (b)Cluster subdivisions. The base number of permitted units in a cluster subdivision shall be the number based upon a conventional subdivision layout that conforms with Zoning Law and subdivision regulationEN requirements, including provisions on environmentally sensitive lands (278 Plan). See also § 163-33 of the subdivision regulations. The permitted lot sizes in a cluster subdivision providing affordable housing units shall be those set forth in § 164-33K and L, and the lot sizes shall not be further reduced for affordable housing. After the determination of the base number of permitted units based upon the 278 Plan, the Planning Board need not require the preparation of an additional conventional layout plan to demonstrate the viability of the inclusion of the additional incentive market-rate lots, if the additional incentive market-rate lots do not constitute more than a ten-percent increase over the base number of permitted units, and the additional incentive market-rate lots can, in the Planning Board's judgment. be readily accommodated within the proposed cluster layout. If the Planning Board does require an additional conventional layout plan to demonstrate the viability of the inclusion of the additional incentive market-rate lots, such plan shall be prepared using the reduced lot size standards set forth in § 194-164B(2)(a).    (3)Notwithstanding the foregoing, the Town Board shall have the authority to approve an affordable housing project which participates in a state or federal program and set the appropriate percentage of affordable units, up to 40%, and a percentage of median Dutchess County family income, not higher than 90%, different than that set forth for the local program.  (4)Additional incentive market-rate units. For every affordable housing unit that a developer agrees to construct, the developer shall be allowed to build one additional market-rate unit, above the maximum number otherwise permitted under the applicable provisions of this Code. For example: If a developer is allowed to construct 100 units under the Code, and of these 100, 10 units will be "affordable housing units" then the total number of units that the developer could construct would be 110 (90 market rate plus 10 affordable housing units plus 10 bonus units (i.e., 1 x 10 affordable units = 10). If the number of affordable units being provided is reduced during the SEQR review process, then the number of additional incentive market-rate units shall be reduced accordingly.    C.Development standards. Affordable units must meet the following standards:  (1)All affordable housing units shall be physically integrated into the design of the development. Affordable housing units shall be constructed to the same quality standards as market-rate units. The exterior finishes for affordable units shall be indistinguishable from all other units. The developer may, however, substitute different appliances and interior hardware where such substitutions would not adversely impact the livability of the unit.  (2)Affordable housing units shall have no less than 80% of the square footage of market rate units for the same number of bedrooms.  (3)The landowner and developer must agree to file a declaration at the time of subdivision identifying the units which are affordable housing units, and restricting their future sales price and rental price under the provisions of this section. The declaration shall include a provision requiring that every deed for an affordable housing unit shall include the following paragraph to inform all future sellers and buyers that this unit is an affordable housing unit subject to the provisions of this section:         "This dwelling has been constructed for use by low/moderate-income families pursuant to a special program under the East Fishkill Code. Its future sale (including resale) or rent must be to persons who qualify with the income requirements and at a price in accordance with the program."       (4)All Affordable housing units shall generally be physically distributed throughout the development in the same proportion as other housing units, though the Planning Board may use discretion in reviewing and approving distribution.    D.Eligibility and preference to purchase or rent an affordable housing unit.  (1)To be eligible to purchase or rent an affordable housing unit, the household's aggregate annual income must be 80% or lower of the Dutchess County median family income for a family of a particular size as determined annually by the United States Department of Housing and Urban Development (HUD).  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 3, Administrative Provisions                 ARTICLE XXIII, Affordable Housing  [Added 11-14- 2002 by L.L. No. 3-2002EN]                     § 194-164.  Affordable Housing.   (2)Preference to purchase or rent.  (a)Among income-eligible households, preference to purchase or rent affordable housing units shall be given to the following types of households, in order:  [1]Employees of the Town of East Fishkill.  [2]A member of East Fishkill's Volunteer Fire Department.  [3]Elderly (65 or older) or disabled residents of the Town.  [4]Honorably discharged US veterans who are residents of the Town.  [5]All other Town residents.  [6]People who work at businesses within the Town.  [7]Others.    (b)In the event that the number of applicants exceeds the number of available units, the Department shall allot the units:  [1]By category; and  [2]Within a category, by chronological order of filing.        E.Calculation of initial sales price of affordable housing units. Maximum sale price shall be set by resolution of the Town Board, as amended from time to time, after review of relevant information that may be provided by federal and state affordable housing departments as well as developers. The initial sale price of a unit shall be calculated such that the annual cost of the sum of principal, interest, taxes and insurance (PITI) and common charges, as applicable, shall not exceed 30% of the income for a low/moderate-income household.  F.Calculation of permissible rent. Maximum monthly rent (including estimated utilities) shall be set by resolution of the Town Board, as amended from time to time, after review of relevant information that may be provided by federal and state affordable housing departments as well as developers. The rent (including the estimated cost of utilities [heat, hot water, and electric]) shall not exceed 30% of the income for a low/moderate-income household.  G.Administration and establishment of Affordable Housing Review Department. The Town Board may designate such additional person(s), authorities and procedures as necessary to administer and monitor compliance with the provisions of this article. The Town Board may serve as, establish or designate an administrative department or board to serve as an Affordable Housing Review Department. The Town Board, or, if established, the Affordable Housing Review Department ("Department") shall have the following responsibilities:  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 3, Administrative Provisions                 ARTICLE XXIII, Affordable Housing  [Added 11-14- 2002 by L.L. No. 3-2002EN]                     § 194-164.  Affordable Housing.   (1)The Department shall be responsible for the administration of affordable housing units pursuant to the provisions of this article.  (2)Prior to the initial offering of each affordable housing unit, the Department shall notify the owner or manager of each development containing affordable housing units as to the price and income eligibility requirements for each unit.  (3)The owner and/or manager, as appropriate, shall annually certify to the satisfaction of the Department that the requisite percentage of affordable housing units have been assigned to low/moderate-income households and that any new tenants of affordable housing units meet the income guidelines in effect when the new tenants take occupancy. Annual certification shall include the address of the affordable housing units, the name of the occupant, and the occupant(s)' tax returns and signature(s).  (4)The Department shall promulgate and maintain information and documentation relative to all affordable housing units; the number thereof available for sale or lease at all times; the sale price and monthly rent; and the names and addresses of eligible low/moderate-income households to purchase or lease same, together with a priority list of such households. The Department shall maintain such other records and documents as shall be required to properly administer the provisions of this article.  (5)Whenever the Building Inspector shall receive an application for and/or issue a building permit, a certificate of occupancy or any other permit or authorization affecting an affordable housing unit, a copy thereof shall be filed with the Department.  (6)The sale or lease of affordable units must meet the guidelines established by the Town Board. These guidelines shall be reviewed on an annual basis, and address the sales price and/or lease amounts for affordable housing units. The Department shall administer the guidelines, shall review the qualification of potential buyers or lessees, and shall approve each proposed sale or lease of an affordable housing unit.  (7)Any covenant, restriction or other encumbrance to be placed on an affordable housing unit must be approved by the Department first.  (8)No lease term for an affordable housing unit shall exceed two years. Notwithstanding this restriction, a lessee still eligible to rent an affordable housing unit may renew a lease term. If a household's aggregate annual income increases beyond the maximum to allow eligibility for the affordable housing unit, the household may continue to occupy that rental unit, provided that the monthly rental payment (including estimated utilities) shall be increased so as to constitute 30% of the household's income. If the household chooses not to execute a lease at the adjusted rent within a reasonable time allotted therefor, the household may continue to occupy the unit for up to one year after the expiration of its current lease.  (9)Any applicant for an affordable housing unit aggrieved by a determination by the Department shall have the right to appeal such determination to the Town Board.    H.Resale: calculation of permissible resale price.  (1)Affordable housing units for low/moderate-income households may be resold only to eligible low/moderate-income households of substantially similar size for the purposes of calculating aggregate annual income and subject to Town Board approval.  (2)The owner of an affordable housing unit shall notify the Department of the intent to sell prior to contact with any purchaser.  (3)The maximum resale price may not exceed the purchase price plus the cost of permanent fixed improvements, adjusted for the increase in the consumer price index during the period of ownership of the affordable housing unit and such improvements plus reasonable and necessary resale expenses. Notwithstanding the foregoing, in no case shall the resale price exceed the income restrictions for low/moderate-income households.    I.Tax assessment. The Town Assessor shall consider the limited sale value of affordable housing units in determining the appropriate assessment on such units.  J.Applicability of other Code provisions. All of the provisions of the Code of the Town of East Fishkill not inconsistent or in conflict with the provisions of this section shall be applicable to affordable housing. Without limiting the foregoing, the provisions of the Environmentally Sensitive Lands Law (§ 194-14.1) shall apply to affordable housing.  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 3, Administrative Provisions                 ARTICLE XXIII, Affordable Housing  [Added 11-14- 2002 by L.L. No. 3-2002EN]                     § 194-164.  Affordable Housing.   K.Pursuant to Town Law § 261-b, the Zoning Map of the Town of East Fishkill shall be amended to contain a note in substantially the following form: "Affordable Housing Incentives, under Town Law § 261-b, are in effect for the CRD, R-3, R-2, R-1.5, and R-1 Zoning Districts. See § 194-164 of the Zoning Law."  L.Pursuant to Town Law § 261-b(3)(d), the Town may assess to any applicant for incentives a proportionate share of the cost of so much of the generic environmental impact statement prepared by the Town in 2002 for the laws and master plan as was attributable to the affordable housing incentives, and such charge shall be added to any site-specific charge made pursuant to the provisions of § 8-0109 of the Environmental Conservation Law. No such assessment shall be made for applicants within the CRD Zoning District providing the 10% mandated affordable housing.  M.Pursuant to Town Law § 261-b, project sponsors for developments including affordable housing, for which the Town has prepared a generic environmental impact statement, shall comply with all other requirements of Article 8 of the Environmental Conservation Law, including preparation of an environmental assessment form, and a supplemental environmental impact statement, if necessary.           TABLE OF ZONING MAP AMENDMENTS [The following is a list of amendments to the Zoning Map adopted 1-7-1963. The complete text of each amendment is available in the office of the Town Clerk.] Date of Adoption Change 8-22-1963 Parcel of land bounded by New York State Route No. 52, Consolidated Edison Land and the New York, New Haven and Hartford Railroad; from R-3 to I-1. 11-7-1963 Parcel of land in the possession of Stevens and Storm and bounded by Route No. 82, Rapelje's Estate and a road leading from Route No. 82 to Hopewell Products, Inc.; from I-2 to B-1. 11-7-1963 Parcel of land owned by Storm near intersection of Route No. 82 and Church Street; from R-3 to B-1. 11-19-1963 Parcel of land at intersection of Route No. 82 and Lake Walton Road; residential to B-1. 3-25-1965 Parcel of land on southerly side of Route No. 52, east of Blue Hill Road, and parcel of land on northerly side of Route 52 within curve of Old State Road; from R-3 to B-1. 6-24-65 Parcel of land on southerly side of Route No. 376 near premises known as Crown Lumber Company in the hamlet of Fishkill Plains; from R-3 to B-1. 8-25-1965 Parcel of land on southerly side of Old State Road and west of Fishkill Hook Road; from R-3 to B-1. 9-9-1965 Parcel of land on westerly side of Taconic Parkway north of Mid-County Highway; from R-3 to B-1. 9-23-1965 Parcel of land on northerly side of Route No. 82 (lands of Mulford); from R-3 to B-1. 1-27-1966 Parcels of land on both sides of Route No. 82 near intersection of Clove Branch Road; from R-3 to B-1. 9-9-1966 Land centering around intersection of Route Nos. 82 and 376 in the hamlet of Hopewell Junction; from B-1 to B-2. 6-11-1970 Parcel of land north of Route No. 82, south of New York, New Haven and Hartford Railroad and adjacent to an existing commercial zone; from R-3 to B-1. 4-22-1971 Parcel of land on southerly side of Route No. 52, bounded on the east by properties of Kahn and on the south and west by properties of Kahn and Blodgett; from R-3 to B-1. 9-14-1972 Parcel of land on southerly side of Shenandoah Road and easterly side of Lime Kiln Road; to Planned Commercial Park. 11-14-1974 Hamlet of Hopewell Junction: Parcel I from B-2 to R-4; Parcel II from I-2 to R-4 and Parcel III from B-2 to R-4. 10-9-1975 Kinning and Paster property (7.76 acres); from I-1 to R-1. 2-24-1977 Lot No. 3, Baker Subdivision, Leetown Road and Route 52; from B-1 to R-1. 12-8-1977 Parcel of land of about 3 acres, now or formerly of Ripking, along the westerly side of Route 376, from R-3 to B-1. 3-30-1978 Parcel of land, now or formerly of Roethel, along the northerly side of Route 52, from R-3 to B-1. 4-12-1979 Parcel of land of about 5.88 acres, now or formerly of Blodgett, along the southerly side of Route 52, from R-3 to B-1. 7-5-1979 Hillside Lake area: the current B-1 area to R-4; balance of Hillside Lake area to R-4. 7-12-1979 Parcel of about 40 acres, now or formerly of Ripking, on the westerly side of Route 376, from R-3 to PRDP. 8-9-1979 Parcel of about 13 acres, now or formerly of Blodgett, on the southerly side of Route 52, from R-3 to B-1. 12-13-1979 Property now or formerly of Novick to B-1, to conform to the front four acres. 2-14-1980 A 1/2-acre strip of property on Route 376, now or formerly of Panza, from R-1 to B-1. 11-13-1980 Parcel of land owned by Robert E. Simon, Jr., (formerly Hercer Corporation) and located on the west side of Route 376, approximately one mile south of the Hamlet of Hopewell Junction, such parcel consisting of approximately 112 acres, from R-3 to PRD. 11-13-1980 Thirty-six +/- acres of land now or formerly of Jambes, Robinson Lane and Route 376, from I-1 to R-3 for the northern 29 +/- acres and B-1 for the southern nine +/- acres which border Route 376. 1-14-1982 An 88-acre parcel owned by S.B.S. Equities, located on Route 52 in Wiccopee, from R-3 to PRDP. 4-8-1982 Eleven +/- acres of land now or formerly of Millard and Dorothy Brown, Route 216, Stormville, New York, from R-3 to B-1. 1-13-1984 Five parcels of land consisting of a total of approximately 169 acres, located on the south side of State Route 52, immediately to the west of the existing I.B.M. site, from B-1, PRDP and R-3 to I-1. 2-19-1987 A 13-acre parcel presently owned by TSI Development Corp., located on the east side of Route 82 in the Town of East Fishkill, and being a portion of tax lot numbers 05-6457-02-627751, 05-6457-02-588802, and 05-6457-02-550740, from I-2 to R-1. 4-23-1987 A 44-acre parcel presently owned by Kesonte Corporation, located near the intersection of Route 376 and Route 52 in the Gayhead area of the town, and designated as tax lot 05-6456-02-780820, from R-1 to R-1/3. 9-21-1989 Enlarged the B-1 Commercial Zone to include the entire acreage of an approximately 2.4-acre parcel presently owned by Cottle's Farm Nursery, Inc., located on the east side of Route 216 in Stormville, in the Town of East Fishkill, being designated as Tax Map No. 05-6657-03-062328. Enlarged the B-1 Commercial Zone to include the entire acreage of an approximately 2.4-acre parcel presently owned by Michael A. Tantillo and Julia A. Tantillo, located on the east side of Route 216 in Stormville, in the Town of East Fishkill, being designated as Tax Map No. 05-6657-03-064313. 9-21-1989 Enlarged the B-1 Commercial Zone to include the entire acreage of an approximately 2.7-acre parcel presently owned by Ted and Alice Bonte/Mid-Hudson Communications, located on the south side of Route 376 in Fishkill Plains, in the Town of East Fishkill, being designated as Tax Map No. 05-6358-02-823538. Enlarged the B-1 Commercial Zone to include the entire acreage of an approximately 2.1151-acre parcel (designated as Tax Map No. 05-6358-02-795542), and the entire acreage of an approximately 85-foot x 347.7-foot parcel (designated as Tax Map No. 05-6358-02-786560), both parcels presently owned by Mary and Robert Swartz, and located on the south side of Route 376 in Fishkill Plains in the Town of East Fishkill. Enlarged the B-1 Commercial Zone to include the entire acreage of an approximately 2.7-acre parcel presently owned by Bre-del Enterprises, Inc., located on the south side of Route 376 in Fishkill Plains, in the Town of East Fishkill, being designated as Tax Map No. 05-6358-02-768537. 9-21-1989 An approximately 5.1-acre parcel presently owned by Arnold E. Moskowitz and Linda S. Heller, located on the northeast side of Seaman Road in Stormville, in the Town of East Fishkill, being designated as Tax Map No. 05-6657-03-364231, from I-1-S to R-1. 9-21-1989 Enlarged the B-1 Commercial Zone to include the entire acreage of an approximately 0.67-acre parcel presently owned by Theresa Healey, located on the northeast side of Route 52 in Pecksville, in the Town of East Fishkill, being designated as Tax Map No. 05-6755-04-540369. 4-12-1990 Enlarged the B-1 Commercial (General Business) zone to include an approximately 5.38 acre parcel presently owned by Jest Realty Corp., located on the south side of Route 52 in the Town of East Fishkill, being designated as Tax Map No. 05-6456-1902-949594. 4-12-1990 Enlarged the B-1 Commercial (General Business) zoning line in Pecksville along Route 52 to include the entire acreage of Tax Map Parcels 05-6755-04-549364, 05-6755-04-554364, 05-6755-04-573369, and 05-6755-04-580363 (n/f Kardias) on the northeast side of Route 52, from R-1. 12-13-1990 A 4.02-acre parcel presently owned by William Probst, located on the west side of Route 376, north of Route 52, in the Gayhead Pond area of the Town of East Fishkill (tax lot number 05-6456-02-694996-00) from R-1 to PCP. 3-28-1991 Enlarged the B-1 Commercial Zone to include the entire acreage of Tax Map Parcel 05-6559-03-330296 and a portion of Tax Map Parcel 05-6559-03-360250 (n/f Thew) on Route 82 between Sylvan Lake Road and the Taconic State Parkway, in the Town of East Fishkill. 7-11-1991 A 4.5-acre parcel presently owned by Marc Dorsey, located on the east side of Lime Kiln Road, the west side of Shenandoah Road, and south of Route 52 in the Town of East Fishkill (Tax Map Parcel 05-6456-1903-168278) from I-1 to R-1. 9-12-1991 A 2.4-acre parcel presently owned by Cottle's Farm Nursery, Inc. (Tax Map Parcel No. 05-6657-03-063347) from R-1 to B-1. 1-9-1992 Expanded the B-1 (Commercial) Zone along Route 52 near Old State Road, to include an additional 3.041 +/- acre portion of Tax Map Parcel No. 05-6456-01-374639-00, presently owned by Satellite Investments, and which had been previously zoned R-1. 10-8-1992 A one-acre parcel, presently owned by Woon Bok Yeon, designated as Tax Map Parcel No. 05-6559-03-170185-00 on the north side of Route 82, from R-1 to B-1. 10-8-1992 A 9.2-acre parcel presently owned by Plains Plaza, Inc., designated as Tax Map Parcel No. 05-6358-02-692561-00, located at the southwest corner of the intersection of Route 376 and Lake Walton Road, from I-1 to B-1. 10-8-1992 A 13 +/- acre parcel designated as Tax Map Parcel No. 05-6657-03-477203-00, presently owned by Charles F. Tucker, Jr., located on the north side of Seaman Road, from I-S-1 to R-1. 11-11-1993 A 1.631-acre parcel designated as Tax Map Parcel No. 05-6356-03-480006-00, presently owned by Frank Buyakowski, located on Corporate Park Drive, from B-1 to PRDP. 2-28-1994 A 4.9-acre parcel designated as Tax Map Parcel No. 05-6559-03-188232-00, presently owned by Novak Enterprises, Inc., located on the north side of Rt. 82, just west of the Taconic State Parkway, from R-1 to B-1. 8-25-1994 A 3.03-acre parcel designated as Tax Map Parcel No. 05-6456-03-190248-00 presently owned by Patricia A. Baker, located on Shenandoah Road, from I-1 to R-1. 8-5-1995 A 0.56-acre parcel designated as Tax Map Parcel No. 05-6356-03-200167, presently owned by John and Ardra Todd, located on Rt. 52 at the most westerly border of the town, immediately abutting the Town of East Fishkill, from R-1 to B-2. 8-22-1996 A number of parcels in the Fishkill Plains area, from I-1 to I-3; and other parcels, from I-1 to R-1. 12-12-1996 Adjusted the boundary line between the B-2 and R-1 Zones in the vicinity of Frankie's Superette in Hopewell Junction. 1-16-1997 Enlarged the B-1 Zone on the south side of Route 52 in the vicinity of Gayhead (eastern end). 12-11-1997 Enlarging the B-1 (Commercial) Zone on the south side of Route 52, in the vicinity of Gayhead (western end), rezoning parcels or portions thereof from R-1 to B-1. 12-11-1997 Two parcels at the intersection of Lake Walton Road and Van Wyck Lane, from I-3 to R-1. 12-11-1997 Two parcels at the intersection of Route 376 and Hillside Lake Road, from R-1 to B-1. 5-11-2000 Approximately 80 acres on the west side of Robinson Lane, from I-3 to R-1. 9-26-2000 Placing certain residentially zoned (R-1 and R-2) properties in the Active Farm Overlay (AFO) Zone, in addition to their existing residential zoning district. 9-26-2000 Approximately 221.5 acres of land in the vicinity of Seaman Road, from I-1-S to R-2. 9-26-2000 Approximately 158.55 acres of land from I-2 to CRD, and approximately 10.85 acres of land from R-1 to CRD, all of such land being located in the vicinity of Fishkill Road, and including the lands known as "Deer Run." 9-26-2000 Approximately 26 acres of land located in the vicinity of the Hamlet of Hopewell Junction, from I-2 to R-1. 11-14-2002 Various property from R-1 and R-2 to R-3.     SCHEDULE OF PERMITTED USES [Last amended 11-14-2002 by L.L. No. 9-2002]   A use marked with an asterisk (*) is subject to conformance with additional standards. Uses other than single-family dwellings are subject to site plan approval. Standards shown are minimum requirements, unless otherwise noted. Any use not specifically listed shall be deemed to be prohibited. Dimensions are in feet, unless otherwise noted.   DISTRICTPERMITTED PRINCIPAL USESPERMITTED ACCESSORY USES Only in conjunction with a permitted principal use. a   b   c As of RightAs of Right R-3 R-21.Single-family dwellings, not to1.Customary home occupation (1*) exceed one on any lot 2.Farming, nurseries, greenhouses2.Keeping of household pets (1*) 3.Temporary offices and storage (1*) Special permit (4*)4.Private garage or carport, not exceeding 4 spaces per unit (2*) R-11.Private stables (5*)5.Private swimming pools, tennis courts (2*) 2.Commercial stables and riding6.Private garden house, tool house, gate academies (6*)house or similar private accessory use (2*) 3.Kennels (5*)7.Signs (2*) R-1/24.Preparation of mulched8.Noncommercial radio transmitting materials, pursuant to § 194-70towers (excluding lots with attached (5*)or multi-family units) (2*) 5.Large scale recreational9.Dish antenna (2*) developments, camps (6*) 6.Cemeteries (5*)10.Off-street parking (3*) R-1/37.Nursing homes, alternative care11.Storage or parking of commercial housing (6*)vehicle (excluding lots with attached or multi- family units) (3*) 8.Hospitals (6*)12.Storage of auto trailer, boat and similar private vehicle (3*) 9.Membership clubs (5*)13.Accessory residential units (excluding lots with attached or multi-family units) (7*) R-1/410.Churches, schools, public uses14.Church cemeteries less than 4 acres (6*)and church internal columbariums (1*) 11.Hotels and motels (6*)15.In R-1 and R-2 Zones, excavation from or filling on a single lot of not more than 500 tons or 375 cubic yards, whichever is less, of earth material in any consecutive 12-month period, as part of a bona fide landscaping   DISTRICTPERMITTED PRINCIPAL USESPERMITTED ACCESSORY USES Only in conjunction with a permitted principal use. a   b   c As of RightAs of Right operation on a lot upon which a primary residence is located, or for which a current, valid building permit therefor has been issued, and in accordance with § 194-75. (1*) 12.Utility substations (5*) 13.Historic structures (6*) § 194-36 14.Day-care facilities (6*) 15.Subdivision recreation areas (6*) 16.Commercial communications tower or antenna installation (5*)1 R-2Special Permit (4*) 1.Accessory professional office (5*) 2.Subdivision recreation areas (6*) R-13.Commercial communications antenna installation collocated on commercial communications towers approved under Local Law No. 5-1998 or upon commercial communication towers approved under former § 194-76, subject to the provisions of (current) § 194-76 (5*) R-1/24.Commercial communications antenna installation collocated on eligible buildings or structures as provided in § 194-76 (5*) R-1/45.Accessory retail, professional, and/or personal services in cluster subdivisions of 100 acres or more, subject to the provisions of § 194-46.1. (8*) 6.Shared driveway for up to three lots as provided in § 194-67.1. (6*) [NOTE: The Conservation Residential Development (CRD) and Planned Residential Development (PRD) Zones are considered to be "residential" zones. However, both zones are considered special zoning districts, and the permitted primary and accessory uses are set forth in the Zoning articles governing the two zones. (See Article VI, Conservation Residential Development.)]   _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 3, Administrative Provisions                 ARTICLE XXIII, Affordable Housing  [Added 11-14- 2002 by L.L. No. 3-2002EN]                     SCHEDULE OF PERMITTED USES     Special Residential DistrictPrincipal UsesAccessory Uses AFOAs of RightAs of Right 1.Same as underlying residential1.Same as underlying residential zone zone 2.Excavation or filling at a farm in the town's Active Farm Overlay (AFO) District, not more than500 tons or 375 cubic yards, whichever is less, of earth material within any consecutive 12-month period, provided such earth moving activity is" in aid of agricultural activities" and otherwise in accordance with § 194-75. (1*) Special Permit (4*)Special Permit (4*) 1.Same as underlying residential1.Same as underlying residential zone zone 2.Excavation or filling at a farm in the town's Active Farm Overlay (AFO) District, more than500 tons or 375 cubic yards, whichever is less, of earth material within any 12-month period, provided that such earth moving activity is "in aid of agricultural activities" and otherwise in accordance with § 194-75. (5*)   1Commercial communications tower or antenna installations are not a permissible use in the R-1/2, R-1/3 and R-1/4 residential zones.   1*Subject to standards set forth in Articles XI and XII, Supplementary Use Regulations. 2*Subject to standards set forth in Article XIII, Supplementary Bulk Regulations. 3*Subject to standards set forth in Supplementary Parking Regulations. 4*Subject to standards set forth in Article IX, Special Permits, and Articles XI and XII, Supplementary Use Regulations. 5*Special permit subject to Zoning Board of Approval. 6*Special permit subject to Planning Board of Approval. 7*Accessory unit permit by Building Inspector. 8*Special permit subject to Town Board approval.     DistrictPrincipal UsesAccessory UsesSpecial Uses* Principal Uses: B-11.Stores and shops for1.Customary accessory1.Gasoline filling stations, subject conducting businessuses (see § 194-49)to the provisions of ~ 194-85 (5*) 2.Personal service shops2.Mortuaries   DistrictPrincipal UsesAccessory UsesSpecial Uses* 3.Banks, theaters, offices,3.Public utility structures, except restaurants and similarcommercial communication community servicestowers (see § 194-161) 4.Medical or dental5.One-family occupancy apartments offices, medical(see § 194-87) centers, clinics or health services 6.Car washes (see § 194-88) 7.Greenhouses 8.Stationary solicitor, peddler, vendor (§ 194-66) 9.Indoor recreation on sites at least 10 acres in size (6*). If such indoor recreation uses are located in a domed or curved-roof structure which is set back a minimum of 100 feet from a street and a minimum of 100 feet from any existing residence located in a residential zone, the Planning Board may, as part of its special permit approval, authorize a height, as measured from the mean level of the ground at the front of the building to the top of the highest point of the roof, up to a maximum of 75 feet. In the case of any other roof structure, the height provisions in the bulk table shall apply. 10.Outdoor recreation developments on sites at least 10 acres in size, and subject to the provisions of § 194-67 (6*) B-111.Automobile service facilities, subject to the provisions of § 194-86 (5*) 12.Commercial communications tower, provided that the parcel on which the tower is located abuts an I-1 zone; subject to the provisions of § 194-76 (5*) _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 3, Administrative Provisions                 ARTICLE XXIII, Affordable Housing  [Added 11-14- 2002 by L.L. No. 3-2002EN]                     SCHEDULE OF PERMITTED USES         DistrictPrincipal UsesAccessory UsesSpecial Uses* Accessory Uses: 1.Commercial communication antenna installation, collocated on commercial communication towers approved under Local Law 5-1998 or upon commercial telecommunication towers lawfully approved under former § 194-67, subject to the provisions of (current) § 194-67 (5*) 2.Commercial communication antenna installation collocated on eligible buildings or structures as set forth in, subject to the provisions of § 194-67 (5*) 3.Commercial communications tower, provided that the parcel on which the tower is located abuts an I-1 zone, subject to the provisions of § 194-67 (5*) B-21.Same as B-11.Same as B-11.Same as B-1 2.Churches, similar places of worship 3.Private and parochial schools, institutions of higher learning, convents, monasteries and other buildings used for religious purposes 4.Greenhouses   NOTES: *Special uses are permitted in the districts indicated, subject to conformance to additional standards as provided in Articles XI and XIII and the issuance of a special permit pursuant to Article IX. 5*Special permit uses designated by (5*) are subject to obtaining a special permit from the Zoning Board. 6*Special permit uses designated by (6*) are subject to obtaining a special permit from the Planning Board.     DistrictPrincipal UsesAccessory UsesSpecial Uses* Principal Uses: PBN51.Stores and shops for1.Customary accessory1.Garages and gasoline filling conducting retail tradeusesstations (see §§ 194-85 and 194-53) 2.Personal service shops2.Commercial communications tower, provided that the parcel on which the tower is located abuts an I-1 zone; subject to the provisions of § 194-67 (5*)   DistrictPrincipal UsesAccessory UsesSpecial Uses* 3.Banks, theaters, Accessory Uses: offices and restaurants1.Commercial communication antenna installation, collocated on commercial communication towers approved under Local Law 5-1998 or upon commercial telecommunication towers lawfully approved under former § 194-67, subject to the provisions of (current) § 194-67 (5*) 4.Motels2.Commercial communication antenna installation collocated on eligible buildings or structures as set forth in, subject to the provisions of § 194-67 (5*) 5.Governmental3.Commercial communications buildings or usetower, provided that the parcel on which the tower is located abuts an I-1 zone, subject to the provisions of § 194-67 (5*) 6.Bus station 7.Indoor recreation facility 8.Professional offices 9.Funeral home   NOTES: *Special uses are permitted in the districts indicated, subject to conformance to additional standards as provided in Articles XI and XII and the issuance of a special permit pursuant to Article IX. 5*Special permit uses designated by (5*) are subject to obtaining a special permit from the Zoning Board. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 3, Administrative Provisions                 ARTICLE XXIII, Affordable Housing  [Added 11-14- 2002 by L.L. No. 3-2002EN]                     SCHEDULE OF PERMITTED USES   6*Special permit uses designated by (6*) are subject to obtaining a special permit from the Planning Board. 5See § 194-53 for additional provisions regarding all uses in the PBN District.     DistrictPrincipal UsesAccessory UsesSpecial Uses* Principal Uses: PCP61.Executive, business,1.Training centers and1.Stationary solicitor, peddler, sales, accounting andschoolsvendor (§ 194-66) general offices 2.Hotel or motels2.Restaurants2.Commercial communications tower, provided that the parcel on which the tower is located abuts an I-1 zone; subject to the provisions of § 194-67 (5*)   DistrictPrincipal UsesAccessory UsesSpecial Uses* 3.Governmental3.TheatersAccessory Uses: buildings or use 4.Bus station4.Personal service shops1.Commercial communication antenna installation, collocated on commercial communication towers approved under Local Law 5-1998 or upon commercial telecommunication towers lawfully approved under former § 194-67, subject to the provisions of (current) § 194-67 (5*) 5.Retail stores and shops5.Banks2.Commercial communication oriented to an interiorantenna installation collocated on malleligible buildings or structures as set forth in, subject to the provisions of § 194-67 (5*) 6.Hospital or6.Parking structures3.Commercial communications convalescent hometower, provided that the parcel on which the tower is located abuts an I-1 zone, subject to the provisions of § 194-67 (5*) 7.Medical centers or7.Filling stations (see § clinics194-85) 8.Assembly hall for8.Indoor recreation meetings, conventionsfacility and exhibitions, provided that at the time of such use for any meeting, there shall be available parking spaced for all persons in attendance 9.Places of worship 10.Helicopter landing pad   NOTES: *Special uses are permitted in the districts indicated, subject to conformance to additional standards as provided in Articles XI and XII and the issuance of a special permit pursuant to Article IX. 5*Special permit uses designated by (5*) are subject to obtaining a special permit from the Zoning Board. 6*Special permit uses designated by (6*) are subject to obtaining a special permit from the Planning Board. 5See § 194-54 for additional provisions regarding all uses in the PCP District.     DistrictPrincipal UsesAccessory UsesSpecial Uses* Principal Uses: PRDP1.Executive, business,1.Customary accessory1.Any use of the same general sales accounting anduses, including retailcharacter as a listed permitted use, general officessales incidental to anyprovided that the Board shall find permitted usethat said use is not inconsistent with the generally accepted connotation of a research and development park and where, in the estimation of the Board, the enterprise in question will be beneficial to the town as a whole 2.Professional offices2.Private railroad sidetrack 3.Governmental3.Training centers and buildings or usesschools 4.Wholesale stores and4.Banks shops 5.Laboratories for5.Helicopter landing scientific or industrialpads research, testing and development 6.Farming, florist greenhouses 7.Publishing, printing2.Commercial communications and bookbindingtower or antenna installation, provided that the parcel on which the tower is located abuts an I-1 zone: subject to the provisions of § 194-67 (5*) 8.Mechanical, optical, photographic, scientific or electronic manufacture 9.Indoor recreation facilities 10.Warehousing andAccessory Uses: distributing, provided1.Commercial communication that no outdoor storageantenna installation, collocated on of material shall becommercial communication permittedtowers approved under Local Law 5-1998 or upon commercial telecommunication towers lawfully approved under former § 194-67, subject to the provisions of (current) § 194-67 (5*) 2.Commercial communication antenna installation collocated on eligible buildings or structures, subject to the provisions of § 194-67 (5*)     DistrictPrincipal UsesAccessory UsesSpecial Uses* 3.Commercial communications tower, provided that the parcel on which the tower is located abuts an I-1 zone, subject to the provisions of § 194-44 (5*) _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 3, Administrative Provisions                 ARTICLE XXIII, Affordable Housing  [Added 11-14- 2002 by L.L. No. 3-2002EN]                     SCHEDULE OF PERMITTED USES     NOTES: *Special uses are permitted in the districts indicated, subject to conformance to additional standards as provided in Articles XI and XII and the issuance of a special permit pursuant to Article IX. 5*Special permit uses designated by (5*) are subject to obtaining a special permit from the Zoning Board. 6*Special permit uses designated by (6*) are subject to obtaining a special permit from the Planning Board.     DistrictPrincipal UsesAccessory UsesSpecial Uses* Principal Uses: I-11.Farming, forestry,1.Customary accessory1.Excavations for soil mining (see § florists, greenhouses,uses (see § 194-49),194-75) nurseries truck gardensincluding retail sales and dairiesincidental to any listed permitted use 2.Cold storage plant,2.Private railroad2.Any use of the same general creamery, ice creamsidetrackcharacter as listed permitted use, factory, bottling works,provided that the Board shall find baking plant and foodthat said use is not inconsistent or drink distributionwith the generally accepted plantdefinition of the term "light industry" and where, in the estimation of the Board, the enterprise in question will be beneficial to the town as a whole 3.Candy, cigar and3.Commercial communications cigarette manufacturetower, subject to the provisions of § 194-67 (5*) 4.Textile, leather goods4.Stationary solicitor, peddler, and clothingvendor (§ 194-66) manufacture 5.Publishing, printingAccessory Uses: and bookbinding 6.Toys, games and1.Commercial communication novelties manufactureantenna installation, collocated on commercial communication towers approved under Local Law 5-1998 or upon commercial telecommunication towers lawfully approved under former § 194-67, subject to the provisions of (current) § 194-67 (5*)   DistrictPrincipal UsesAccessory UsesSpecial Uses* 7.Mechanical, optical,2.Commercial communication photographic, scientificantenna installation, collocated on or electronic instrumenteligible buildings or structures, manufacturesubject to the provisions of § 194-67 (5*) 8.Cosmetic and3.Commercial communications pharmaceuticaltower, subject to the provisions of manufacture§ 194-67 (5*) 9.Furniture and cabinet manufacture 10.Laboratory for scientific or industrial research, testing and development 11.Warehousing and distributing, provided that no outdoor storage of materials shall be permitted 12.Lumberyard, building material sales yard or contractor's equipment storage yard 13.Laundry or cleaning plant 14.Plumbing, sheet metal or machine shop or motor vehicle repair facility 15.Public utility structures, except commercial communication towers (see § 194-161)   NOTES: *Special uses are permitted in the districts indicated, subject to conformance to additional standards as provided in Articles XI and XII and the issuance of a special permit pursuant to Article IX. 5*Special permit uses designated by (5*) are subject to obtaining a special permit from the Zoning Board. 6*Special permit uses designated by (6*) are subject to obtaining a special permit from the Planning Board.     DistrictPrincipal UsesAccessory UsesSpecial Uses* I-1-S1.Same as I-11.Same as I-11.Same as I-1 _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 3, Administrative Provisions                 ARTICLE XXIII, Affordable Housing  [Added 11-14- 2002 by L.L. No. 3-2002EN]                     SCHEDULE OF PERMITTED USES   DistrictPrincipal UsesAccessory UsesSpecial Uses* 2.Airports, flying schools and facilities for repair and maintenance of aircraft I-21.Same as I-11.Customary accessory1.Food processing, packing or uses (§ 194-49),canning including retail sales incidental to any listed permitted use 2.Asphalt mixing or2.Private railroad2.Chemical manufacture or storage concrete mixing plantsidetrack 3.Atomic energy3.Petroleum or bottled gas generator or reactorprocessing, manufacture or storage 4.Brick, glass, pottery,4.Plastic manufacture tile or terra-cotta manufacture 5.Monument works5.Auto wrecking yard or junkyard 6.Structural steel works,6.Excavations for soil mining (see § foundry or metal194-75) fabricating 7.Brewery7.Commercial communications tower or antenna installation, subject to the provisions of § 194-67 (5*) 8.Stationary solicitor, peddler, vendor (§ 194-66) I-31.Farming, forestry,1.Same as I-11.Any use of the same general florists, greenhouses,character as listed permitted use, nurseries, truck gardensprovided that the Board shall find and dairiesthat said use is not inconsistent with the generally accepted definition of the term "light industry" and where, in the estimation of the Board, the enterprise in question will be beneficial to the town as a whole (5*) 2.Cold storage plant,2.Customary accessory2.Commercial communications creamery, ice creamuses (see § 194-49)tower, subject to the provisions of factory, bottling works,including retail sales§ 194-67 (5*) baking plant and foodincidental to any or drink distributionlisted permitted use plant 3.Candy, cigar and3.Accessory one-family3.Stationary solicitor, peddler, cigarette manufactureapartmentvendor (§ 194-66) (6*) 4.Textile, leather goods and clothing manufacture 5.Publishing, printing and bookbinding   DistrictPrincipal UsesAccessory UsesSpecial Uses* 6.Toys, games and novelties manufacture 7.Mechanical, optical, photographic, scientific or electronic instrument manufacture 8.Cosmetic and pharmaceutical manufacture 9.Furniture and cabinet manufacture 10.Laboratory for scientific or industrial research, testing and development 11.Warehousing and distributing, provided that no outdoor storage of materials shall be permitted 12.Lumberyard, building material sales yard or contractor's equipment storage yard 13.Plumbing, sheet metal or machine shop or motor vehicle repair facility 14.Public utility structures, except commercial communication towers (see § 194-161) 15.Same as B-1, where property has frontage on Route 376 or Van Wyck Lane, or frontage on an approved subdivision road with direct access onto Route 376 or Van Wyck Lane   NOTES: *Special uses are permitted in the districts indicated, subject to conformance to additional standards as provided in Articles XI and XII and the issuance of a special permit pursuant to Article IX. 5*Special permit uses designated by (5*) are subject to obtaining a special permit from the Zoning Board. 6*Special permit uses designated by (6*) are subject to obtaining a special permit from the Planning Board.       Schedule of Bulk Regulations [Amended 6-14-1979 by L.L. No. 4-1979; 3-28-1985 by L.L. No. 2-1985; 8-24-1993 by L.L. No. 4-1993; 10-13-1994 by L.L. No. 7-1994; 8-22-1996 by L.L. No. 7-1996; 9-12-1996 by L.L. No. 9-1996; 9-26-2000 by L.L. No. 5-2000; 11-14-2002 by L.L. No. 2-2002; 11-14-2002 by L.L. No. 4-2002; 11-14-2002 by L.L. No. 9-2002; 11-14-2002 by L.L. No. 11-2002]   Maximum BuildingMaximum DistrictMinimum Lot Size6Minimum Yards11CoverageHeight AreaIn % of (acres)8Frontage9WidthDepthFront10SideRearLot AreaStoriesFeet adefghijklm R-33751501755030506%2 ½35 R-22501251505030508%2 ½35 R-115012515050255012%2 ½35 R – ½½5010012540203015%2 ½35 R – 1/31/35010012535153020%2 ½35 R – ¼¼507510030153025%2 ½35 AFOThe bulk regulations for the AFO (Active Farm Overlay) Zone shall be the same as the underlying residential zone in which the property is located.       Minimum Lot SizeMinimum Yard Dimensions2,6,7,10,12 (feet)Maximum Height WidthMaximum AreaatCoverage ofOneBothMinimum District(acres)BuildingLot (%)FAR3FrontSideSidesRearFeetStoriesOpen Space Line PCP120700250.25100501005050420% PRPD55200250.25100501008040320% B-11----350.35402204--20302-- B-21----350.35402----20302-- I-11100250.2550204020302-- I-1S1100250.2550204020302-- I-21100250.2550204030453-- I-31100250.25100204030352-- _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 3, Administrative Provisions                 ARTICLE XXIII, Affordable Housing  [Added 11-14- 2002 by L.L. No. 3-2002EN]                     Schedule of Bulk Regulations       NOTES:   1Use in this district must have site plan approval pursuant to Article VII, Site Plan Approval.   2In commercial districts located along State Route No. 52 west of the Taconic Parkway, there shall be a minimum setback of 100 feet.   3F.A.R. (floor area ratio) is the result of dividing the total floor area by the total area of the parcel of land.   4Where a General Business District abuts a Residential District, there shall be a minimum side yard of 20 feet in the General Business District on the side abutting the Residential District.   5All PRDP’s are also subject to the requirements of § 194-55A through D of this chapter. The Town Board has the authority to establish less restrictive bulk standards for lots created prior to the effective date of L.L. No. 4-1993, as provided in § 194-55E.   6Minimum lot size in residential zones is subject to the provisions of the Environmentally Sensitive Lands Law. (See § 194-14.1.)   7Minimum lot size, maximum coverage of lot, and FAR in nonresidential zones is subject to the provisions of the Environmentally Sensitive Lands Law. (See § 194-14.1.)   8For flag lots, the area of the accessway shall not be included in the calculation of a lot area. Flag lots may not be smaller than one acre in size. See § 194-92.1.   9For flag lots, frontage along the street shall be 50 feet, and the width of the strip of land connecting the buildable portion of the flag lot to the street shall be at least 50 feet along its entire length (see § 194-92.1).   Schedule of Bulk Regulations   NOTES: (cont’d)   10When a property abuts a road and the right-of-way for that road has not been previously dedicated to the Town, county or state, then 25 feet shall be added to the appropriate minimum setback, and the setback shall be measured from the center line of the road. 11On all parcels abutting the Taconic State Parkway or Interstate 84 (including the AFO District), there shall be a minimum  setback of 100 feet from the edge of the Taconic State Parkway or I-84 right-of-way to any structure, building or parking area, which shall remain as a landscaped buffer area. On all parcels abutting any state or county road outside the hamlet areas identified in § 194-4.1, there shall be a minimum setback of 100 feet from the edge of the road pavement to any building. These requirements shall supersede any less-restrictive yard or setback requirements set forth in other provisions of this Code. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 3, Administrative Provisions                 ARTICLE XXIII, Affordable Housing  [Added 11-14- 2002 by L.L. No. 3-2002EN]                     Schedule of Bulk Regulations   12On all parcels abutting the Taconic State Parkway or Interstate 84 (including the AFO District), there shall be a minimum setback of 100 feet from the edge of the TSP or I84 right-of-way to any building, structure or parking area, which shall remain as a landscaped buffer area. On all parcels abutting any state or county road outside the hamlet areas listed in § 194-4.1, there shall be a minimum setback of 100 feet from the edge of the road pavement to any building. These requirements shall supersede any less-restrictive yard or setback requirements set forth in other provisions of this Code.     Off-Street Parking Schedule [Amended 6-23-1994 by L.L. No. 3-1994; 9-12-1996 by L.L. No. 9-1996; 11-14-2002 by L.L. No. 6-2002]   Space UseAt least 1 space for each: Bowling alley or other center of public amusement,200square feet of floor space devoted to patron use, the capacity of which cannot be measured in termsplus 1 space for each 2 employees, except that for of seatsbowling alleys 7 spaces are required for each bowling lane CampsStaff member; 5 campers Churches or other places of worship5seats Dwellings, single-family detached, single-family2 spaces per dwelling unit semi-attached, and single-family attached Hospitals or convalescent homes2 patient beds Hotels3 guests or sleeping rooms Indoor recreation500 square feet of gross floor area industrial or manufacturing establishments2employees or 400 square feet of gross floor area, whichever is greater Membership clubs1 1/3 members (where membership is by families, each family) Mobile homesDwelling unit MotelsMotel units, plus 1 space for each 2 persons working in such establishment Multifamily buildingsDwelling unit plus 1/2 space per bedroom Offices for business or professional use, including300 square feet of floor area of office use, plus 2 medical centers or clinicsspaces for each separate office or suite of offices of a given tenancy Places of public assembly, auditoriums, stadiums,6seats theaters Planned business neighborhood100 square feet of floor area Restaurant or place dispensing food or drink50square feet of floor area devoted to patron use     Space UseAt least 1 space for each: Retail or service business100 square feet of floor area devoted to retail or service activities Schools (nursery, private and parochial)Teacher; staff member; 5 pupils     2Note: Based upon the maximum seating capacity.   Reasonable and appropriate off-street loading requirements for nonresidential buildings and land uses shall be determined in each case by the Board of Appeals, which shall consider all factors entering into the loading and unloading needs of such building or use.   Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within the categories listed above shall be determined in each case by the Planning Board, which shall consider all factors entering into the parking needs of each such use.   Where two or more different uses occur on a single lot, the total amount of parking facilities to be provided shall be the sum of the requirements for each individual use on the lot, except that the Planning Board may approve the joint use of parking space by two or more establishments on the same or on contiguous lots, the total capacity of which space is less than the sum of the spaces required for each, provided said Board finds that the capacity to be provided will substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons or employees among such establishments, and provided such approval of such joint use shall be automatically terminated upon the termination of the operation of any such establishments.       _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 3, Administrative Provisions                 ARTICLE XXIII, Affordable Housing  [Added 11-14- 2002 by L.L. No. 3-2002EN]                     Off-Street Parking Schedule       Off-Street Parking Standards   APPENDIX Chapter A197, HIGHWAY SPECIFICATIONS [HISTORY: Legislation to adopt this chapter is currently proposed before the Town Board. Upon final adoption, the date of such legislation will be included here.] ARTICLE I, Procedures § A197-10. General. A.This chapter shall apply to all new roads and shall also apply to all other highway related construction, whether constructed as part of a subdivision or site plan approved by the Planning Board or constructed otherwise. All roads that are not proposed as a town road, but which could become a town road, shall be designed and built in accordance with this chapter. B.This chapter shall apply to all new or improved driveways, access points, drainage construction, utility construction or other matters defined herein, whether constructed as part of a subdivision or site plan approved by the Planning Board or constructed otherwise. Approval or permit from the Highway Superintendent shall be required. C.This chapter shall apply to the installation of any utilities or other work within a town right-of-way. The installer shall obtain a highway work permit from the Highway Superintendent. The Highway Superintendent may require security in conformance with Chapter 163, Subdivision of Land, § 163-12 to ensure restitution to the town for damages resulting from said installation. Any reference to "developer" shall also apply to a utility or other applicant. D.The requirements of this chapter shall not be altered or waived by anyone except the Highway Superintendent or the Town Engineer. Where the Highway Superintendent or the Town Engineer finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations, he may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of these regulations. The final decision as to the interpretation of Articles II through VIII of this chapter shall rest with the Town Superintendent of Highways. Where there are differing or conflicting requirements between any other chapter of the Town Code and this chapter, the provisions or requirements of this chapter shall prevail. E.The invalidity of any provision of this chapter shall not invalidate any other article, paragraph, section or provision thereof. _________________________ § A197-11. Preparation and submission of road or improvement plan. A.Plans, including profiles and construction details of the proposed road or improvement, shall be prepared by a qualified professional engineer or land surveyor properly licensed by the State of New York. Plans shall be prepared in accordance with the requirements of this and other chapters of the Town Code (such as Chapters 159, Article I, 108, 163 and 194) as may apply. The plans shall clearly define the limits of the proposed right-of-way and shall include the locations, widths, profiles and grades of proposed roadways; existing and proposed contours; typical road sections; storm drainage, including culverts and other drainage structures; the locations of easements and utilities; and erosion and siltation control measures. B.All plans shall be submitted for review and approval by the Highway Superintendent and the Town Engineer. Where approval of a road or improvement is part of a proposed subdivision or site plan, plans shall be submitted to the Planning Board for review of matters not covered by this chapter. When any proposed highway drains toward, connects with, or may otherwise affect a county or state highway, plans shall also be submitted to the County Commissioner of Public Works or New York State Department of Transportation for their review and approval. § A197-12. Construction and inspection. A.Actual construction of public improvements shall conform to the approved plat or plan, unless modifications are approved or ordered by the Highway Superintendent or the Town Engineer. The Highway Superintendent or the Town Engineer shall have the right to require that the developer provide additional facilities, such as storm drainage facilities or erosion/siltation control measures, if, during the progress of the work, the Highway Superintendent or the Town Engineer deems such facilities or measures necessary to assure the durability of the pavement, the future maintenance of the right-of-way, and the welfare and safety of the public, or to prevent drainage or erosion problems in either subdivision lots or the public portions of the subdivision. B.All improvements within the right-of-way shall be completed within one year after the date of initial title transfer with respect to any lot or dwelling fronting on a street shown on a subdivision plat or within the time limit stated on a highway work permit issued by the Highway Superintendent. C.The roadway and storm drainage construction shall be jointly inspected by the Highway Superintendent, the Town Engineer and the developer's Engineer. The Highway Superintendent and the Town Engineer shall be given access to the work at all times in order that they may assure compliance with this chapter as the work progresses. The developer shall give the Highway Superintendent and the Town Engineer two working days' notice prior to working on any construction project within the town. D.Inspections shall occur at the following listed places: (1)Upon completion of installation of erosion controls.   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE I, Procedures                     § A197-12. Construction and inspection.   (2)Upon completion of the subgrade. (3)Upon completion of drainage facilities, but prior to backfilling. (4)Upon completion of the foundation course, at which time the developer shall furnish the Highway Superintendent with men and equipment to dig, or have dug, test holes to establish and confirm the depth and quality of the foundation course. (5)Continuously during any construction activity. E.The developer shall give the Highway Superintendent and the Town Engineer at least two working days' notice of the expected completions in Subsection D above and shall not proceed to the next item of work until the Highway Superintendent has approved the work. F.Prior to paving any roadway the developer shall submit to the Highway Superintendent and to the Town Engineer an as-built drawing of the roadway and a Subdivision Road and Related Public Improvement Engineer's Certification Form I and shall obtain approval of the certification and the as-builts. If the as-built drawings do not substantially conform to the approved site plan or plot, a revised drainage report shall be submitted if required by the Highway Superintendent or the Town Engineer. G.Inspection of work done under a highway work permit shall be by the Highway Superintendent or the Town Engineer. § A197-13. Maintenance. A.The developer shall maintain the road in such condition that the residents shall have safe and convenient access. The minimum conditions for such access during the subdivision construction and prior to final road acceptance are listed below: (1)The earth shoulders and flow line of ditches and gutters shall be kept free and clear of debris, stone, gravel or any material which prevents the free flow of water. Driveways shall be constructed so that the flow line remains clear. (2)The storm sewer system shall be kept clean and operational at all times. (3)The pavement or gravel surface shall be maintained on a continuing basis. Soft spots or other structural defects shall be repaired immediately by excavation and replacement with approved material. "Immediate" shall be considered to be 24 hours from the time oral or written notification is given to the developer by the Highway Superintendent or the Town Engineer, unless arrangements are made, satisfactory to the Highway Superintendent, to protect the traveling public by installing lights and barricades until such time as repairs can be made. Potholes and edge raveling shall be remedied on a continuing basis, or as ordered by the Highway Superintendent. Repairs to asphalt pavement shall be made with asphalt concrete (hot mix when available). Repairs to gravel surfaces shall be made with New York State Department of Transportation 304.05 Subbase Course, Type 4. B.Maintenance of roads for work done under a highway work permit shall be as specified in the permit. § A197-14. Dedication.   The following conditions shall be satisfied before the developer requests the Town Board to consider the acceptance of a new highway: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE I, Procedures                     § A197-14. Dedication.   A.Drawings showing the location of all required improvements as-built shall be certified by a licensed professional engineer or a licensed land surveyor and filed with the Planning Board at least 30 days prior to the acceptance of the improvements by the town. B.The developer shall submit to the Highway Superintendent a Subdivision Road and Related Public Improvement Engineer's Certification Form II, an as-built drawing of any roads and other public improvements, and metes and bounds description of all rights-of-way and easements prepared by a licensed land surveyor. The as-built plans of the highway shall show right-of-way lines, permanent monument locations (including offsets from true location), drainage and utility easements and a road center-line profile. The plans shall bear the stamps of both a licensed professional engineer and a licensed land surveyor. C.The plans and deed descriptions shall be reviewed by the Town Engineer, who shall indicate his approval by letter to the Town Board and by stamping the deed descriptions (if not already done). D.The work completed on the highways at the date of submittal must be approved by the Highway Superintendent and the Town Engineer. The Town Board must be notified of these approvals. E.The developer shall prepare, and submit to the Town Attorney for approval, the deeds, offers of cession, title search and maintenance bond. The submitted deeds shall be checked by the Town Attorney as to form and sufficiency. A title search must be made of the land offered to assure the validity of the title, and the cost of this search shall be borne by the developer. § A197-15. (Reserved). § A197-16. (Reserved). § A197-17. (Reserved). § A197-18. (Reserved). § A197-19. (Reserved). ARTICLE II, Highway Design Specifications § A197-20. Guidelines, applicability and planning. A.Guidelines. (1)All highways shall be designed in accordance with the latest edition of a Policy on Geometric Design of Highways and Streets, published by AASHTO, except that all specific requirements stated in this article shall take precedence over the AASHTO guidelines. B.Applicability. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE II, Highway Design Specifications                     § A197-20. Guidelines, applicability and planning.   (1)Unless otherwise stated, this article is written for rural or suburban roads but shall be used as applicable for other classes of highways. (2)See Figure II-3 for a subdivision road typical cross-section. Some modifications to the specifications in this article are shown on Figures II-1 and II-2 for other classes of highways. C.Continuation of streets into adjacent property. (1)Streets shall be arranged to provide for the continuation of principal streets between adjacent properties where such continuation is necessary for convenient movement of traffic, effective fire protection, efficient provision for utilities and particularly where such continuation is in accordance with the town plan. (2)If the adjacent property is undeveloped and a street must dead-end temporarily, the right-of-way and the improvements must run to the property line. A temporary circular turnaround shall be provided on all temporary dead-end streets. D.Road names. (1)The developer shall receive prior approval for any proposed road name from the Town Clerk. § A197-21. Classes and right-of-way. A.The Highway Superintendent shall determine and designate into which of the four following classifications each proposed street falls on the basis of one or more of the defining criteria. The Highway Superintendent may delegate to the Planning Board the authority to designate the class for any highway that is part of a subdivision or site plan also reviewed by the Planning Board. [Amended 11-14-2002 by L.L. No. 5-2002] (1)Major or through highway. (2)Commercial or industrial highway. (3)Rural or suburban highway. (4)Minor local road. B.Major or through highway. (1)The proposed highway is the direct and logical continuation of an existing highway that carried 500 or more heavy and light vehicles during a twelve-hour period as shown on the latest traffic count if heavy vehicles (trucks) are more than 10% of the design hour traffic volume. At least half of the trucks are anticipated to be at or near the legal maximum weight. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE II, Highway Design Specifications                     § A197-21. Classes and right-of-way.   (2)The proposed highway creates a shorter and more convenient through traffic artery so that it can be reasonably expected that traffic will be diverted from other major highways to such an extent that it will reach at least 500 cars in 12 hours within two years after opening. (3)The proposed highway could logically be expected to become a major highway because of future construction or other foreseeable circumstances. C.Commercial or industrial highway. (1)The proposed highway is in an area zoned for commerce or industry. (2)The proposed highway is on or so close to the dividing line between a residential and a commercial or industrial area that it may reasonably be expected to carry a substantial volume of heavy vehicles. (3)The proposed highway creates a shorter and more convenient route between a commercial or industrial area and a major traffic artery. (4)The proposed highway for any other reason may be expected to carry a substantial volume of commercial or industrial traffic. D.Rural or suburban highway (local road). (This classification is intended to cover the majority of subdivision streets.) [Amended 11-14-2002 by L.L. No. 5-2002] (1)The proposed highway shall not be, or be reasonably expected to become, a major or commercial highway. (2)The proposed highway shall be a dead end, loop or other minor highway within a residential development. (3)The proposed highway is not, or cannot reasonably be expected to become, a continuation or extension of a major or commercial highway. Should such be the case, the proposed highway shall take the classification of the highway of which it is a continuation or extension. (4)The proposed highway does not, or cannot reasonably be expected to, carry a substantial volume of traffic. E.Minor local road. (This classification is intended to cover only certain streets in cluster subdivisions or CRD Developments.) [Added 11-14-2002 by L.L. No. 5-2002] (1)The proposed street shall not be, or be reasonably expected to become, a rural or suburban highway (local road). (2)The proposed street shall only serve residential properties in a cluster subdivision, or a CRD Development. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE II, Highway Design Specifications                     § A197-21. Classes and right-of-way.   (3)The proposed street shall be no longer than 2,500 lineal feet. (4)The proposed street shall not carry, nor be reasonably expected to carry, more than 1,000 cars or other vehicles per twenty-four-hour timeframe. (5)The proposed street shall be expected to accommodate pedestrian traffic in more densely settled areas, and must provide sidewalks, pathways or other off-road pedestrian accommodations, and street trees. (6)Within CRD Developments and cluster subdivisions, the Planning Board shall also have discretion to approve one or more private roads. Such roads may include those serving small groups of dwellings. Private roads providing primary access to dwelling units shall have a right-of-way width of not less than 42 feet, and shall meet the other standards of minor local roads. Private roads may also include rear service lanes, subject to the following: (1) pavement width shall be not less than 18 feet; (2) a rear service lane may not be a dead-end road; (3) a rear service lane may not provide the primary access to a dwelling; (4) any garages deriving access from the rear service lane shall be set back at least 25 feet from the edge of pavement. No private roads may be approved unless the Board is satisfied that the road will be permanently maintained by a homeowners' association or other similar entity. F.The roadway right-of-way (ROW) width shall be a minimum of 50 feet for rural or suburban highways and minor local roads and a minimum of 60 feet for major or through highways and commercial or industrial highways. [Amended 11-14-2002 by L.L. No. 5-2002] (1)Where regrading extends beyond the fifty-foot ROW, the developer shall include all regrading outside of the right-of-way in permanent grading easements. (2)Where there is no defined or dedicated ROW, the subdivider or developer shall deed to the town, at minimum, all land within 25 feet of the mean center line of the existing "road by user" when so requested by the Highway Superintendent. (3)Where sidewalks are planned, the ROW width may be increased by five feet per side to provide a buffer strip. (4)Where a boulevard is proposed, the minimum right-of-way width shall be 60 feet, to consist of two eighteen-foot travel lanes and one eight-foot landscaped median, plus shoulders, plus additional width, as set forth in Subsection F(3), for sidewalks. § A197-22. Vertical alignment. A.All highways other than minor local roads shall be designed so that finished tangent grades will not be less than 1% nor more than 10%. Minor local roads shall be designed so that finished tangent grades will not be less than 1% nor more than 12%. [Amended 11-14-2002 by L.L. No. 5-2002] B.Every change in grade shall be effected with a vertical curve of sufficient length to ensure adequate stopping sight distance and to provide for a smooth transition. [Amended 11-14-2002 by L.L. No. 5-2002] (1)All streets other than minor local roads shall be designed so that the length of any crest vertical curve shall be a minimum 30 times the algebraic difference of the tangent grades, but not less than 100 feet. (2)For minor local roads, the length of any crest vertical curve shall be a minimum 15 times the algebraic difference of the tangent grades, but not less than 100 feet. (3)All streets other than minor local roads shall be designed so that the length of any sag vertical curve shall be a minimum 40 times the algebraic difference of the tangent grades, but not less than 100 feet. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE II, Highway Design Specifications                     § A197-22. Vertical alignment.   (4)For minor local roads, the length of any sag vertical curve shall be a minimum 30 times the algebraic difference of the tangent grades, but not less than 100 feet. (5)The maximum length of any vertical curve shall not exceed 143 times the algebraic difference of the tangent grades. C.When an existing road is extended, the new road profile shall match the existing tangent slope or continue the existing vertical curve as applicable. D.There is no minimum tangent length requirement between vertical curves, either successive or reverse. § A197-23. Horizontal alignment. [Amended 11-14-2002 by L.L. No. 5-2002] A.For all streets other than minor local roads, two tangent sections of a roadway shall be connected with a horizontal curve of at least three-hundred-foot radius, measured at the center line. The minimum curve length shall be 200 feet. B.For minor local roads. two tangent sections of a roadway shall be connected with a horizontal curve of at least two-hundred-foot radius, measured at the center line. The minimum curve length shall be 100 feet. C.For all classifications of highways: (1)Superelevation shall be used only when approved by the Highway Superintendent and the Town Engineer. (2)When an existing road is extended, the new road alignment shall match the existing tangent section or start or continue a horizontal curve. (3)There shall he a minimum one-hundred-foot tangent section between reverse curves. "Broken back" curves may be used only if the segments of the same hand are separated by a minimum two-hundred-foot tangent section. § A197-24. Combination alignment. A.The recommendations of the AASHTO guidelines shall be followed as closely as practical. B.Where a crest vertical curve and a horizontal curve occur together, there shall be greater than the minimum (300 feet) sight distance to ensure that the horizontal curve is visible to approaching drivers. § A197-25. Intersections. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE II, Highway Design Specifications                     § A197-25. Intersections.   A.At an intersection, the major road grade should normally be limited to 3%, but in special cases the Town Engineer or Highway Superintendent may authorize up to an eight-percent grade, with adjustments to design factors, particularly as affecting sight distance along the road and corner sight distance. [Amended 11-14-2002 by L.L. No. 5-2002] B.When a new roadway intersects another new roadway, the mainline roadway profile shall be designed in accordance with Figure II-4. C.Normally, the grade-line of the major road should be carried through the intersection, and the grade-line of the minor road should be adjusted. Such a design requires a transition of the crown of the minor road to an inclined cross section at its junction with the major road. Drainage shall be carefully designed to prevent ponding and minimize sheet flow across the pavement. D.Intersections of a major road by other roads shall be at least 800 feet apart, center to center. A distance of at least 150 feet, center to center, shall be maintained between offset intersections on all classes of streets. At-grade intersections shall have no more than four legs on all classes of streets. [Amended 11-14-2002 by L.L. No. 5-2002] E.Within 40 feet of an intersection, the minor road center line shall be approximately at right angles, but not less than 70°, to the major road. Where a minor road intersects a major road that is on a horizontal curve, the minor road center line shall be tangent and radial to the major road for a minimum of 40 feet. F.The ROW lines at a road intersection shall be connected by a minimum twenty-five-foot radius curve, tangent to each leg. G.For more complex intersections, such as those involving sidewalks, islands, curved alignment, etc., the AASHTO guidelines shall be followed to the greatest possible extent. § A197-26. Turning circles. A.Wherever a temporary or permanent dead end is allowed on a subdivision road, a circular turnaround shall be constructed. There shall be a notation on the plat that the land outside the road right-of-way shall revert to abutters whenever the road is continued. See Figure II-5. B.All turning circles shall have grades between 2% and 5%, unless otherwise approved by the Highway Superintendent or the Town Engineer, and shall assure properly directed drainage flow into the catch basin(s). [Amended 11-14-2002 by L.L. No. 5-2002] C.Surface treatment shall be of the same type as the road leading to the circle, as shown on Figures II-1, II-2, and II-3, and must be approved by the Highway Superintendent. D.For major or through highways, and commercial or industrial highways, the radius of the cul-de-sac at the right-of-way line shall be 65 feet and the radius of the paved area shall be 50 feet. [Added 11-14-2002 by L.L. No. 5-2002] E.For rural or suburban highways (local roads) and minor local roads, the radius of the cul-de-sac at the right-of-way line shall be 50 feet and the radius of the paved area shall be 40 feet. [Added 11-14-2002 by L.L. No. 5-2002] § A197-27. Sight distance. A.Actual sight distance shall be determined by roadway speed limits, grades, pavement surface and related criteria. An adjustment shall be made for the effect of grades, per the AASHTO guidelines. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE II, Highway Design Specifications                     § A197-27. Sight distance.   B.At intersections (including driveways) or along curves, where required by the Highway Superintendent or the Town Engineer, the developer shall provide the town with a deeded sight easement which shall remain free of any plantings over one foot in height and free of any buildings, structures or other obstructions, in order to maintain clear, unobstructed sight distance. Tree overhang shall be trimmed and maintained to a line at least eight feet above the level of the roadway. C.A minimum three-hundred-foot sight distance shall be provided along a curve for a 30 mph design speed, except for a minor local road. [Amended 11-14-2002 by L.L. No. 5-2002] D.Stopping sight distance shall be measured from a point on the center line of the approaching lane of the minor road or driveway 12 feet behind the projected edge of the roadway of the major road, to a point on the center line of the approaching lane of the major road, to a point on the center line of the approaching land of the major road. The height of eye and height of object shall both be assumed to be 44 inches above the road pavement. (1)Each approach to the intersection or driveway shall be considered separately. (2)For a driveway, or where the minor road is stop controlled, a minimum of 200 feet of unobstructed stopping sight distance shall be provided for both approaches along a level, 30 mph paved road. (3)For a yield controlled minor road, a minimum of 310 feet of unobstructed sight distance for a 30 mph major road speed shall be provided. See Figure II-6. E.Visibility at intersections. Within the triangular area formed at corners by the intersection of street center lines, for a distance of 75 feet from their intersection and the diagonal connecting the end points of these lines, visibility for traffic safety shall be provided by excavating, if necessary. Nothing in the way of fences, walls, hedges or other landscaping shall be permitted to obstruct such visibility. F.On a corner lot in any residential district no fence, wall, hedge or other structure or planting more than 31/2 feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 30 feet distant from the point of intersection, measured along said street lines. § A197-28. (Reserved). § A197-29. (Reserved). ARTICLE III, Grading and Paving Construction Specifications § A197-30. Right-of-way and construction layout. A.It shall be the responsibility of the developer to ensure that all public improvements are centrally located within rights-of-way or easements. The developer shall construct each highway in accordance with the particular specifications for its designated classification, as well as in accordance with the specifications common to all classifications. B.The developer shall establish and clearly mark on the site the limits of highway right-of-way and easements, the center line and grades of the road pavement and the location and elevation of drainage and drainage structures in accordance with the approved plans. Such markers shall be maintained at the developer's expense until the construction of all required improvements within the right-of-way limits has been completed, inspected and approved by the Highway Superintendent and the Town Engineer. C.If the Highway Superintendent finds that conditions in the field will require major modifications of a plat or plan approved by the Planning Board, the Highway Superintendent shall have the authority, at his option, to require the developer to submit a revised plan for Planning Board review. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE III,  Grading and Paving Construction Specifications                     § A197-31. Clearing and grubbing.   § A197-31. Clearing and grubbing. A.All required erosion and siltation control measures on the approved plat or site plan or as otherwise required shall be fully installed prior to the start of construction of any improvements. B.The developer shall clear the entire area within the limits of: (1)The right-of-way. (2)Stream channels and ditches. (3)Easement areas. C.All rocks, boulders, brush, roots and stumps shall be grubbed, excavated and removed from the cleared areas. All such materials shall be disposed of in an approved manner. D.Sight easements shall be cleared prior to issuance of building permits. § A197-32. Rough grading. A.The developer shall complete the shaping of the highway right-of-way, streams, ditches and easement areas to the line and grade shown on the approved plan and as otherwise may be directed by the Highway Superintendent or the Town Engineer. All unsuitable or unstable materials shall be completely excavated and removed from the right-of-way, and all rock, or boulders larger than six inches in diameter, shall be excavated at least eight inches below the subgrade of road pavement, drainage or drainage structures, curbs and sidewalks. B.Where fills are necessary to complete the required line and grade, the materials incorporated in the work shall be acceptable to the Highway Superintendent or the Town Engineer. Material shall be placed in lifts not exceeding six inches in loose depth, and each lift shall be compacted to 95% standard proctor maximum density by rolling with a smooth drum vibratory, sheepsfoot, pneumatic-tired or padded wheel roller, or by impact rammer or vibrator equipment in areas inaccessible to power rollers. All compaction shall continue until the fills are firm and unyielding. Special care shall be exercised in placing and compacting material immediately adjacent to pipes in order to avoid damage to the pipe and to prevent pipe misalignment. C.The rough grade of the pavement, curb and sidewalk areas shall be completed to within one inch above or below true subgrade as shown on the approved cross section of the right-of-way improvement. D."Rock" is defined as being sandstone, limestone, granite, quartzite, slate, shale or similar material in masses more than 20 cubic feet in volume, or in ledges four inches or more in thickness, which may or may not require blasting for its practical and effective removal. Should rock be encountered in two or more ledges, each ledge being not less than three inches in thickness and with interlying strata of earth, clay or gravel not more than 12 inches thick in each stratum, the entire volume between the top of the ledge and the bottom ledge will be classified as rock. E.When rock is encountered during excavation, the developer shall excavate as required for the construction of the proposed project as shown on the approved construction plans or subdivision plat, and in accordance with the following requirements: (1)It shall be the responsibility of the developer to employ the most efficient method or methods in removing the rock so encountered. He will not be permitted to use archaic or inefficient methods. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE III,  Grading and Paving Construction Specifications                     § A197-32. Rough grading.   (2)When blasting is required to facilitate removal of rock in excavations, all operations pertaining thereto shall be carried out only under the direct, personal supervision of a person who is knowledgeable in the handling and use of explosive in this class of work and who shall possess a valid blasters certificate of competence, Class I or II, issued by the State of New York, Department of Labor, Division of Safety and Health. (3)The developer shall take all precautions necessary to protect persons and property whenever and wherever blasting is being carried out and he shall be responsible for any and all damage or damages resulting therefrom. The cost of repairing all damages caused by blasting shall be borne by the developer. See also A197-90C, Insurance. (4)No blasting shall be carried out within 50 feet of any pipe, conduit or other structure already in place. Notification as to time and place of blasting shall be provided to all proper authorities, including the Highway Superintendent and the Town Engineer. (5)The face of all rock excavation for roadways, where the face is in excess of four vertical feet, shall be presplit. (6)Excavated rock shall be disposed of in an approved manner. § A197-33. Subgrade. A.After completion of the rough grade and prior to placing the foundation course, the subgrade shall be shaped to line and grade and compacted to minimum 95% of standard proctor maximum density with an approved self-propelled roller weighing not less than 10 tons. All hollows and depressions which develop under rolling shall be filled with acceptable granular material and again rolled, and this process shall be continued until no depressions develop. The subgrade shall not be muddy, frozen or otherwise unsatisfactory when the foundation course is laid upon it. B.Any soft or unstable portions of the subgrade which develop under the roller shall be completely excavated and removed from the right-of-way and shall be replaced with acceptable granular material and the area regraded and compacted as above. § A197-34. Fine grading of subgrade. A.Before fine grading subgrade or construction of curbs and sidewalks is started, all storm and sanitary sewers and all utilities, including but not limited to, house connections, hydrants, service lines, gas services, telephone, electric and cable conduits and roof/footing drains shall have been installed, and all fill and backfill shall have been thoroughly compacted to the satisfaction of the Highway Superintendent. B.The subgrade shall conform to the prescribed width of pavement and shall extend equidistant from the center line of the road and shall conform to the typical cross section of the road and the approved line and grade. C.The subgrade shall be fine graded with a motorized grader and recompacted to the satisfaction of the Highway Superintendent and the Town Engineer. § A197-35. Foundation course. A.The foundation course shall consist of two gradations. (1)The lower layer shall consist of approved run-of-bank gravel, crusher-run stone or crusher-run gravel. All materials acceptable for this layer shall be hard, durable and sound and shall be well graded from coarse to fine. One hundred percent by weight shall pass through a four-inch square hole, not less than 30% by weight shall pass the one-fourth-inch square sieve, not more than 70% by weight shall pass the No. 40 mesh sieve and not more than 10% by weight shall pass the No. 200 mesh sieve. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE III,  Grading and Paving Construction Specifications                     § A197-35. Foundation course.   (2)The maximum particle size permitted in the three-inch graded gravel layer shall not exceed such size as will pass through a two-inch square hole. Thirty percent to 65%, by weight, shall pass the one-fourth square sieve and not more than 10% by weight shall pass the No. 200 mesh sieve. B.After the subgrade and all concrete curbs (if used) have been constructed to the satisfaction of the Highway Superintendent, the developer shall furnish and place the foundation course. The foundation course materials shall be placed on the finished subgrade and shall be compacted to minimum 95% standard proctor maximum density by rolling with a self-propelled ten-ton roller. Water shall be added to the materials in amounts necessary for proper compaction. After compaction, the course shall be true to grade and cross section, and any depressions shall be eliminated by the use of additional granular materials, thoroughly rolled in place. In all cases, the foundation course must be so thoroughly compacted that it will not weave under the roller and the total depth after compaction shall not be less than specified. § A197-36. Asphalt cement concrete (plant mix). A.The developer shall construct a two-course asphalt cement concrete pavement laid to conform to the required grade, thickness and cross section shown on the plans. It is the developer's responsibility to ensure that the road pavement is placed centered in the right-of-way. If the pavement is not centered, the Highway Superintendent has the option of requiring that the pavement shall be removed and replaced centered in the right-of-way. B.Materials and method of construction shall conform to Sections 401, 402 and 403 of the current Standard Specifications of the New York State Department of Transportation. C.Before placement or construction of the binder course of pavement, it is mandatory that all storm and sanitary sewers and all utilities, including, but not limited to, house connections, water mains, hydrants, service lines, gas services, telephone, electric and cable conduits and roof/footing drains shall have been installed and all fill and backfill shall have been thoroughly compacted to the satisfaction of the Highway Superintendent. If the binder course has been placed or constructed and the above-referenced utilities have not been completely installed, they shall be installed under the pavement by boring or jacking methods as approved by the Highway Superintendent or Town Engineer. Open cutting of the binder course for utility installation shall not be permitted. D.The asphalt concrete binder course shall be uniformly spread by a self-propelled mechanical spreader with mechanical screed and heating unit and in sufficient depth to provide the required finished thickness after rolling thoroughly with a ten-ton roller. E.After the binder course has been completed, it shall be thoroughly vacuum cleaned (broom swept is not acceptable) of foreign material to the satisfaction of the Highway Superintendent. A tack coat of asphalt emulsion shall be applied to the surface at the rate of 0.1 to 0.2 gallon per square yard. A final wearing course of fine asphalt concrete shall be uniformly spread by a self-propelled mechanical spreader equipped with mechanical screed and heating unit and insufficient depth to provide the required finished thickness after rolling thoroughly with a two- or three-wheel tandem roller weighing approximately 10 tons. F.Extreme care shall be exercised in the placing of asphalt concrete to ensure that all longitudinal joints shall be lapped in the placing of adjoining passes and that all lateral joints are trimmed before continuing with the placing of additional materials on that pass. G.No paving will be permitted prior to April 1 and after November 15 of each year, except with the written permission of the Highway Superintendent. Under no circumstances shall material be placed when the surface temperature is below 40°F or the weather is inclement. § A197-37. Bituminous surface treatment (double course). A.This item shall be as required by the Highway Superintendent. See Figure II-1. B.The developer shall construct bituminous surface treatment (double course) as specified in approved plans and meeting the requirements of Section 410-3.02 of the current Standard Specifications of the New York State Department of Transportation. C.The shoulders of a highway with asphalt concrete pavement shall be treated with additional surface treatment for surface texture and color contrast meeting the requirement of Section 410-3.04 of the current Standard Specifications of the New York State Department of Transportation, when required by the Highway Superintendent. § A197-38. Restoration of disturbed areas within a right-of-way or easement. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE III,  Grading and Paving Construction Specifications                     § A197-38.  Restoration of disturbed areas within a right-of-way or easement.   A.The right-of-way or easement shall be restored by the developer to conditions acceptable to the Highway Superintendent and the Town Engineer. All unpaved areas within a highway right-of-way or easement and newly created or stripped earth slopes shall be seeded and mulched in accordance with Sections 610-3.02 and 610-3.03 of the current Standard Specifications of New York State Department of Transportation. B.The removal of all equipment and parts, junk, rubbish, boulders, excess materials, debris of all kind and trees damaged beyond repair shall be included in the restoration work. C.The areas between the road shoulder edge or curb and the right-of-way line or limit of grading shall be graded, topsoiled, seeded and mulched to prevent erosion. A minimum of four inches of topsoil shall be placed in all grass areas. Alternatively, sodding shall be placed on areas designed by the Highway Superintendent. Sodding shall be constructed in accordance with Sections 612-3.01 and 612-3.02 of the current Standard Specifications of New York State Department of Transportation. D.The entire area of all easements (e.g., sight, grading, drainage) shall be graded, topsoiled, seeded and mulched except in paved areas. § A197-39. (Reserved). ARTICLE IV, Drainage Design Specifications § A197-40. Drainage report and plans. A.A hydraulic design report shall be prepared by an engineer licensed in the State of New York. The report shall contain design information for all highway or public easement drainage structures, storm sewers and channels, and shall be approved by the Highway Superintendent and the Town Engineer. The report should contain the basic design data required to arrive at each drainage structure size, such as design year storm, flow rate, grade, velocity, and method used to determine the waterway size. A consideration should also be given to anticipated (if any) future development and any urbanization of the area. The report must address "before" and "after" development drainage conditions and assess the downstream effects, if any, caused by the development. The design year storm shall be a twenty-four-hour, twenty-five-year event for the piping system, and one-hundred-year for all holding, retention or detention facilities and stream crossings. B.The drainage report should preferably be prepared in accordance with the SCS methodology in TR-55 or TR-20. C.There shall be enough information shown on the plans and profile to properly construct all the required drainage facilities. The type and size of culverts, and treatments of inlets and outlets, the gauge of metal pipe or class of concrete pipe or strength/schedule of plastic pipe, invert elevation of inlets and outlets, ditch and channel sections, gutters, channel protection and alignment of ditches are some of the types of information required on the plans and profiles. § A197-41. Drainage easements. A.All drainage easements shall be a minimum of 40 feet wide, unless a lesser width is consented to by the Highway Superintendent. The easement shall grant the town the right to enter upon said property for the purposes of installing, maintaining and repairing the ditches, pipes, swales, and other structures or facilities as placed in such easement. B.It is the policy of the town that all storm drainage shall be enclosed in drainage pipe unless waived by the Highway Superintendent. C.All easements shall contain provisions providing for the right to install underground pipes, to discharge stormwater therein, and to preclude putting any plantings (except grass) and any structure or fence in the easement. D.Where it is proposed that stormwater be drained from the highway or from other lands of the developer to a point on the perimeter of the developer's property, easement or releases shall be provided from the adjoining owners, permitting the discharge of stormwater drainage onto or across such adjoining lands. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE IV, Drainage Design Specifications                     § A197-41. Drainage easements.   E.All pipes shall be terminated with end treatment only at the property line or perennial open watercourse, whichever is greater, unless said watercourse is prior to the property line. No exceptions shall be made unless approved in writing by the Highway Superintendent. F.The developer shall provide an attorney's certificate of title indicating that the easements and rights to discharge surface water are free and clear of all liens. The easements shall be given to the Town Clerk in a recordable instrument. See also Article IX. § A197-42. Pipe. A.Any storm drain or culvert pipe which will be located underneath the paved portion or curb of a roadway shall be reinforced concrete or smooth interior corrugated high density polyethylene pipe. The minimum diameter shall be 18 inches. B.Storm drains or culverts in any location other than under a roadway may be fully aluminum coated Type II corrugated steel, polymer coated corrugated steel, smooth interior corrugated high density polyethylene pipe or reinforced concrete pipe. The minimum diameter shall be 18 inches. C.Height of the fill and pipe classes shall be designed to meet the minimum requirements of H-20 Highway Loading, as designated by the American Association of State Highway and Transportation Officials. D.The minimum cover on all drainage pipes shall be 18 inches. § A197-43. Treatment of culvert ends. A.Whenever a drainpipe begins or ends in an open ditch, pond or stream, the inlet and outlet end shall be designed to protect embankments and channels and to preserve the hydraulic efficiency of the pipe. B.The following end treatments shall be used for drainage pipes: (1)Prefabricated end sections. (2)Prefabricated or cast-in-place headwall and wing walls with or without concrete apron (see Figure IV-1). (3)Beveled pipe ends. C.When a drainpipe ends in an open ditch, rip-rap shall be placed in the channel. See Figures IV-2.1, 2.2 and 2.3 to determine the size and shape of the apron and Figures IV-3.1 and 3.2 to determine the stone size. The rip-rap shall be sized to be stable under the velocity of the discharged water. § A197-44. Underdrains. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE IV, Drainage Design Specifications                     § A197-44. Underdrains.   A.Underdrains shall be at a minimum grade of 1% toward an outlet such as a drainage channel or a catch basin or manhole. B.Underdrains shall be required in all cut sections and where the subgrade is lower than the surrounding ground. The underdrain invert shall be placed at least 36 inches below finished pavement grade, but not deeper than 48 inches below finished pavement grade. The locations may be modified to apply to specific conditions. § A197-45. Catch basins and manholes. A.The Highway Superintendent and the Town Engineer shall have authority to require the use of larger or heavier materials, additional materials, reinforcing or other modifications and improvements in design and construction over those set forth in this section when they determine that such modifications would provide improved drainage and are required by site conditions. B.Catch basins shall be placed at all points of change of slope or alignment and at all junction points. Catch basins shall be located in the lows of sag vertical curves to prevent ponding. Catch basins shall be placed either near or within a turning circle, as the Highway Superintendent or the Town Engineer may require, to assure adequate drainage. At no time shall catch basins be spaced farther apart than 350 feet on slopes less than 3%, 300 feet on slopes from 3% to 6%, and 250 feet on slopes over 6% as shown on the profile. Catch basins shall be connected to a drainage system or to a natural drainage course. C.Manholes may be used in lieu of catch basins only where it is not planned to permit the entry of surface water. Open grates shall not be used on manholes. D.Pipes in basins and manholes. (1)When the diameter of the effluent pipe is greater than that of an influent pipe, the elevation of the crown of the influent pipe shall be no lower than the elevation of the crown of the effluent pipe. (2)When the diameter of the effluent pipe is the same as or smaller than that of an influent pipe, the elevation of the invert of the influent pipe shall be no lower than the elevation of the invert of the effluent pipe. (3)There shall be a minimum 0.1 foot drop in elevation between an inlet invert and the outlet invert at each basin or manhole. § A197-46. Open ditches or swales. A.Open ditches or swales, in lieu of storm drainpipes, shall only be permitted: (1)When authorized in writing by the Highway Superintendent; and (2)Along back lots and side slopes when the grade of the land traversed is flat or when it is desirable to drain and dry up the surrounding area. The design of any such open ditch shall be approved by the Highway Superintendent and the Town Engineer. B.In no case shall the grade of an open ditch exceed 5%. The following guideline shall be used in treatment of these ditches: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE IV, Drainage Design Specifications                     § A197-46. Open ditches or swales.   (1)Up to 1%: seed and mulch. (2)Up to 31/2%: jute mesh and seed. (3)Up to 4%: sod. (4)Up to 5%: rip-rap or four-inch thick asphalt concrete. (5)Over 5% must be piped. § A197-47. Detention or retention ponds. A.Detention and retention ponds should not be considered as the normal way to mitigate downstream drainage impact. They should only be used in cases where all other options have been investigated and eliminated and where no other recourse is available. In a case where a detention or retention pond is required, the following shall be adhered to and written into any drainage easement for the pond. Under no circumstances shall any of the following be permitted in the stormwater retention/detention ponds: (1)Alteration of topography. (2)Placing of fill. (3)Channel encroachment. (4)Placement of any structures, trees or other physical object thereon. (5)Grading, excavating, or the removal of material. (6)Removal or destruction of turf, trees and/or vegetation. (7)Causing siltation or deposition of debris or other similar material. (8)Causing or creating any act that would alter the drainageway located therein. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE IV, Drainage Design Specifications                     § A197-47. Detention or retention ponds.   (9)Utilizing any portion thereof for any motorized vehicle for any purposes, including recreational purposes. (10)The erection of any improvements or other developments. In addition, the ponds shall have a minimum one-percent slope in any direction. The banks shall be impervious, maximum 2 to 1 slope. B.A detention pond shall be designed to limit the post-development two- , ten- and twenty-five-year storm peak flows to the respective predevelopment flow. C.The pond shall have an overflow spillway, designed in accordance with the NYSDEC Guidelines for Design of Dams. In all cases, the minimum design shall be to control a twenty-five-year storm and to have a spillway capable of passing a one-hundred-year storm. § A197-48. (Reserved). § A197-49. (Reserved). ARTICLE V, Drainage Materials Specifications § A197-50. Pipe. A.Reinforced concrete pipe. (1)Reinforced concrete pipe and end sections shall conform to Section 706-02 of the current Standard Specifications of the State of New York Department of Transportation. Pipe shall be Class III, IV or V, depending on loading conditions. (2)All reinforced concrete pipe shall be manufactured with slip joints or bell and spigot joints. Reinforced concrete pipe shall be sealed with flexible, watertight, elastomeric gaskets, approved bituminous sealers or plastic sealers. Mortar joint pipe shall not be used. (3)Each piece of reinforced concrete pipe shall be marked with the class number and the date of manufacture. B.Corrugated metal pipe. (1)Round corrugated metal (steel) pipe, pipe arches and sections shall be fully aluminum coated (Aluminized Type II) or fully polymer coated both inside and outside conforming to current AASHTO Specifications. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE V, Drainage Materials Specifications                     § A197-50. Pipe.   (2)All collars or connecting bands shall match the pipe and shall be 12 inches wide and shall be furnished with bolts six inches long. (3)Eighteen-inch diameter pipes shall be minimum 14 gauge, all larger diameter pipes shall be minimum 12 gauge. End sections may be one gauge thinner than the pipe. C.Smooth interior polyethylene pipe. (1)Smooth interior high density polyethylene corrugated pipe shall conform to the requirements of AASHTO M294 Type S. The pipe must also exceed the minimum engineering property values as specified in Section 18 of the AASHTO Bridge Design Manual. (2)The pipe shall be identified on the plans as HDPE smooth bore/interior (preferred notation) or other generic description identified and spelled out in a legend on the plan. D.Prefabricated end sections shall be made of the same material and construction as the pipe. End sections shall be connected to the pipe in the same manner as pipe sections are connected. E.Underdrains shall be perforated corrugated metal or perforated corrugated polyethylene pipe. § A197-51. Catch basins. A.Figure V-1 shows the minimum acceptable construction for a typical precast catch basin. B.Inside dimensions of the catch basin shall remain constant from top to bottom and shall match the frame opening of the grate. C.Catch basins shall be precast, reinforced concrete sections conforming to ASTM C-478 Specification current edition and shall have a minimum twenty-eight-day compressive strength of 4,000 psi. Catch basin structures shall also meet the following criteria: (1)Walls and base of the base unit shall be one piece construction. (2)Base units shall be provided with knockouts or precast openings, commensurate in size and number with the pipes shown on the plans. Knockouts shall be constructed 12 inches above the base for catch basins in roadways and 18 inches above the base for catch basins in easements, as shown in Figure V-1. (3)Risers less than one foot shall be solid concrete block. Risers greater than one foot shall be precast concrete. (4)Steps shall be required in all catch basins four feet or greater in height measured from top of grate to bottom of sump. Steps shall be installed by the catch basin producer in accordance with the step manufacturer's installation specifications. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE V, Drainage Materials Specifications                     § A197-51. Catch basins.   (5)All precast concrete shall be coated inside and outside (top only) with a clear polymer resin to prevent salt deterioration of the structure. D.Catch basins shall be fitted with cast-iron frames and grates of the type shown an Figure V-2. The minimum frame opening shall be equal to the standard catch basin shown in Figure V-1. The curb piece cross section should match the adjacent concrete or asphalt curb. (1)Frames and grates shall be made of tough, close-grained gray iron, without the admixture of any cinder, iron or metal of inferior quality. The iron shall be capable of developing a tensile strength of 18,000 lbs. per square inch, and shall be able to stand chipping and drilling. All castings shall be made from properly prepared patterns, and shall be sound, true, without wind, smooth, clean and free from blisters, sand holes, scales and all defects. No plugging or other stopping of holes will be allowed. All castings shall be painted thoroughly with at least two good coats of asphaltum or any other coating that the Highway Superintendent or the Town Engineer may require. (2)Grates which rock on their frames will not be accepted and the developer shall, if necessary, machine or grind grate in place to obtain an even bearing. Grates shall fit in frame without binding along the perimeter. Catch basin frames and grates and cast-iron curb boxes shall conform to the current Standard Specifications of the New York State Department of Transportation, and shall be designed to carry H-20 Highway Loading, as designated by the American Association of State Highway and Transportation Officials. § A197-52. Manholes. A.The minimum twenty-eight-day compressive strength of the concrete used shall be 4,000 psi. All manhole components (except the cover) shall have a minimum forty-eight-inch inside diameter. See Figure V-3. Manhole bases and sections shall be cast with two lifting holes only. B.The base section shall be six feet in diameter and eight inches thick. The base and first riser section shall be cast integrally. The reinforcement for the base section shall be No. 3 bars at eight-inch centers, both ways, placed in the lower half of the base. C.The riser sections shall have a minimum wall thickness of five inches. The circumferential reinforcement in riser sections shall be 0.12 square inches per lineal foot minimum. This reinforcement shall be placed approximately at the center of the wall. D.All precast concrete shall be coated inside and outside (top only) with a clear polymer resin to prevent salt deterioration of the structure. E.All tongue and groove joints shall be formed so that either an elastomeric or rubber seal can be applied. All rubber seals shall be EPDM rubber conforming to the requirements of ASTM 443-60T. The rubber gasket shall be formed with two curbed fins. Flexible, watertight, elastomeric gaskets may also be used. F.Steps shall be required in all manholes four feet or greater in height measured from rim to lowest invert. Steps shall be installed by the manhole producer in accordance with the step manufacturer's installation specifications. G.Manhole frames and covers shall be of the type shown on Figure V-3 and shall be made of tough, close-grained gray iron, without the admixture of any cinder, iron or metal of inferior quality. The iron shall be capable of developing a tensile strength of 18,000 lbs. per square inch, and shall be able to stand chipping and drilling. All castings shall be made from properly prepared patterns, and shall be sound, true, without wind, smooth, clean and free from blisters, sand holes, scales and all defects. No plugging or other stopping of holes will be allowed. All castings shall be painted thoroughly with at least two good coats of asphaltum or any other coating that the Highway Superintendent or the Town Engineer may require. H.Covers which rock on their frames will not be accepted, and the developer shall, if necessary, machine or grind cover in place to obtain an even bearing. Covers shall fit in the frame without binding along the perimeter. Manhole covers shall not weigh less than 350 lbs., and all covers shall have proper markings as directed by the Highway Superintendent. Manhole frames and covers shall conform to the current Standard Specifications of the New York State Department of Transportation, and shall be designed to carry H-20 Highway Loading, as designated by the American Association of State Highway and Transportation Officials. § A197-53. Steps.   Catch basin or manhole steps shall be steel-reinforced copolymer polypropylene plastic steps conforming to current ASTM C-478-78a, paragraph 11. Steel reinforcement shall be Grade 60, having a diameter of not less than 1/2 inch. Step length shall be such that they may be embedded not less than three inches into the concrete sections (walls) and have a clear length from the inside wall to the outside of the step of not less than 53/4 inches, for foot placement. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE V, Drainage Materials Specifications                     § A197-54. Rip-rap.   § A197-54. Rip-rap. A.Rip-rap shall be sized to be stable under the volume and velocity of the discharged water for the twenty-five-year storm. Rip-rap along stream crossings and detention pond outlets designed for a one-hundred-year storm shall be sized for flow rate and velocity associated with a one-hundred-year storm. See A197-43C. B.Rip-rap shall consist of field stones or rough, unhewn quarry stones, as nearly cubical in form as practicable. § A197-55. Child resistant grillage.   When a drainage pipe inlet, other than a driveway culvert, is open at ground level (and may allow children or small animals to enter the drainage system), the pipe opening shall be closed with a grillage per Figure IV-4. § A197-56. (Reserved). § A197-57. (Reserved). § A197-58. (Reserved). § A197-59. (Reserved). ARTICLE VI, Drainage Installation Specifications § A197-60. Additional drainage facilities.   Any additional drainage facilities not shown on the approved plan and which may be ordered by the Highway Superintendent or the Town Engineer shall be constructed by the developer at his expense and in accordance with this chapter. § A197-61. Trench excavation and backfill. A.The width of the trench in which the pipe is placed shall be equal to, as a minimum, the outside diameter of the pipe plus an additional two feet. The trench excavation shall conform to Figure VI-1. B.Where soft, spongy or other unstable soil is encountered at the grade established, all such unstable soil up two feet under the pipe and for the total width of the trench shall be removed and replaced with run of bank gravel or other acceptable material. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE VI, Drainage Installation Specifications                     § A197-61. Trench excavation and backfill.   C.Where rock (see § A197-32D) or boulders are encountered, all such rock, and boulders larger than six inches diameter, shall be excavated at least eight inches clear of the pipe. The excavation shall be backfilled with run-of-bank gravel or other acceptable material and properly compacted. D.In all cases the bed and the fill on both sides of the pipe shall be thoroughly compacted and shall provide a firm support for the pipe. E.In general, material removed from the trench during excavation is suitable for final backfill; provided, however, that such material is free of sod, roots, spongy material, pieces of pavement, frozen clumps, lumps or clods of soil, mush, clay, cinders, slag, ashes, rubbish, rocks or pieces of rock measuring more than six inches of diameter. F.Regardless of the type or kind of backfill used, specifications relating to lifts and compaction in § A197-32B shall be observed. § A197-62. Pipe laying. A.Pipe shall be laid to a true line and grade on the prepared bed of the trench. Pipe laying shall begin at the downstream end and progress upstream. B.Reinforced concrete pipe shall be sealed with flexible, watertight, elastomeric gaskets, approved bituminous sealers or plastic sealers applied at the time the pipe is being laid to line and grade. Such sealants shall be installed in accordance with the sealant manufacturer's instruction so that the joint is completely filled with the sealant. Mortar joint pipe shall not be used. C.Corrugated pipe and pipe arch field connections shall be constructed so that the corrugated band laps equally on each culvert section. D.Smooth interior corrugated polyethylene pipe shall be installed on a minimum of six inches of suitable bedding material with one inch of suitable run-of-bank gravel placed on both sides and on the top of the pipe. Proper compaction must be achieved. The remainder of the trench shall be backfilled with suitable material having no stone exceeding six inches in diameter. E.When a drainage pipe ends in an open ditch, the ditch shall be excavated as shown on the plan and the excavated area shall be entirely filled with rip-rap. F.The underdrains should be placed as shown on the plan or as ordered by the Highway Superintendent or the Town Engineer. Underdrains shall be placed in trenches and surrounded by material which is both pervious to water and capable of protecting the pipe from infiltration by the surrounding soil (See Figure VI-2). Underdrains shall outlet in a ditch or shall be connected to a basin or manhole. § A197-63. Catch basin and manhole installation. A.Holes for catch basins shall be excavated to a depth of at least 29 inches below the plan elevation of the invert of the outlet pipe. Excavation for the catch basin shall be made at least two feet in the clear around the structure. Crushed stone or run-of-bank gravel shall be placed in the hole to a uniform depth of nine inches and shall be leveled and compacted over the entire area under the base. B.Excavation for the manhole and the manhole foundation shall be made at least two feet in the clear around the structure. Crushed stone or run-of-bank gravel shall be placed in the hole to a uniform depth of nine inches and shall be leveled and compacted over the entire area under the base. C.In areas of high groundwater, minimum four-inch diameter underdains shall be placed to drain into the basin or manhole, in order to relieve hydrostatic pressure. The backfill around the basin or manhole shall be coarse granular material for at least one-foot thickness around the perimeter. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE VI, Drainage Installation Specifications                     § A197-63. Catch basin and manhole installation.   D.Assembly of sections. (1)The interior and exterior of catch basins shall be parged at all seams and joints, unless sealed with flexible, watertight, elastomeric gaskets, approved bituminous sealers or plastic sealers. Bituminous or plastic sealants shall be applied at the time the basin is set. Such sealants shall be installed in accordance with the sealant manufacturer's instruction so that the joint is completely filled with sealant. Brick or block shall be mortared in place and parged both inside and outside the basin. (2)Bituminous or plastic joint sealants shall be applied at the time a manhole is set. Such sealants shall be installed in accordance is with the sealant manufacturer's instruction so that the joint is completely filled with the sealant. Rubber gaskets shall be installed per the manufacturer's instructions, especially relating to location, lubrication and setting of manhole sections. (3)All steps in each section shall be aligned to form a continuous ladder with steps being spaced vertically in the assembled basin or manhole at twelve-inch intervals. E.Installation of pipes. (1)The openings around all pipes entering or leaving catch basins (or manholes) shall fit the contours of the pipes as closely as possible. Remaining interstices shall be solidly filled with mortar for the full thickness of the wall. All pipes shall be mortared inside and outside of each basin or manhole. (2)The ends of all pipes shall be flush with the inside surfaces of the catch basin or manhole walls and shall project outside a sufficient distance to allow for the proper connection with an adjoining pipe section. No piping shall extend into the catch basin or manhole. (3)When the diameter of the effluent pipe is greater than that of an influent pipe, the elevation of the crown of the influent pipe shall be no lower than the elevation of the crown of the effluent pipe. (4)When the diameter of the effluent pipe is the same as or smaller than that of an influent pipe, the elevation of the invert of the influent pipe shall be 0.1 foot higher than the elevation of the invert of the effluent pipe. (5)There shall be a minimum 0.1 foot difference in elevation between inlet invert and the outlet invert at each basin or manhole. F.Setting frames and grates or covers. (1)Frames shall be set in a full bed of mortar. (2)The frame shall be set to match the pavement cross slope and to match the roadway profile. Special care shall be taken at intersections to assure that no ponding will occur. (3)The grate or cover shall rest evenly in the frame. If necessary, the parts shall be filed or ground to assure even bearing. (4)Where the curb inlet shape does not match the asphalt curb shape, the gutter lines shall match and the asphalt curb shall be blended/shaped to make a transition between three feet and five feet long. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE VI, Drainage Installation Specifications                     § A197-63. Catch basin and manhole installation.   G.Backfill around catch basins and manholes shall comply with the provisions of § A197-32B. § A197-64. Ditches and swales. A.The general construction requirements of Article III shall apply. B.In addition, all open ditches shall be cleared of all trees, shrubs, rock, boulders and excess material to ensure proper flow of water and ease of maintenance. C.The ditches shall be finished as shown on the plan and in accordance with § A197-46. § A197-65. Rip-rap. A.Rip-rap should be sized per § A197-43C and as shown on the plans. B.The largest stones shall be placed first and smaller pieces shall be fitted to chink the voids. The stones shall be placed on a slope not steeper than two to one and so laid that the weight of the larger stones is carried by the soil and not by the adjacent stones. C.It is intended to have a rough surface, but a generally uniform shape conforming to the swale cross section. § A197-66. (Reserved). § A197-67. (Reserved). § A197-68. (Reserved). § A197-69. (Reserved). ARTICLE VII, Other Features: Design, Material and Construction Specifications § A197-70. Curbs. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE VII, Other Features: Design,  Material and Construction Specifications                     § A197-70. Curbs.   A.Where shown on the plans, portland cement concrete curbs shall be constructed on both sides of the street to the dimensions and specifications shown on Figure VII-1. B.Where required by the Highway Superintendent or the Town Engineer, perforated polymeric or aluminum coated corrugated metal pipe, or perforated polyethylene corrugated pipe with a minimum diameter of six inches shall be laid as shown on Figure VI-2. This underdrain shall be graded so that any water under the curbs will drain to the nearest catch basin where the underdrain shall be connected as shown an Figure V-1. C.Concrete shall be finished and cured to the satisfaction of the Highway Superintendent or the Town Engineer. The developer shall, at his own expense, replace any curbing damaged before dedication. D.All rural/suburban highways shall have asphalt cement concrete curbs of the construction shown in Figure VII-1. The curb shall be set on the binder course of pavement. The Highway Superintendent shall have the discretion to waive the requirements of curbs on any portions of a rural/suburban road where he deems it appropriate. The developer shall, at his own expense, replace any asphalt curbing damaged before roadway dedication. All driveway entrances within the subdivision shall be constructed at the time of construction of the curb. E.Curbs may be mountable or nonmountable type, as shown on the plan. Curbs on medians, inside shoulder edges or outlining channelizing island shall typically be nonmountable type. F.Ramps for the handicapped, required by § 330 of the Highway Law, shall be provided at each curbed intersection and midblock crosswalks where curbs are constructed. Ramps at intersections shall be constructed in accordance with Figures VII-2 and VII-3, and the specifications for sidewalks. Ramps at midblock locations shall be constructed in a similar manner. G.Topsoil shall be placed behind newly constructed curbs. The topsoil shall be placed two inches higher than the face of curb, or continuously refilled, to ensure that the sod is flush with the top of the curb. No pockets or settlement shall be permitted. Any low spots shall be filled, seeded and mulched as required by the Highway Superintendent or the Town Engineer. § A197-71. Sidewalks. A.Sidewalks may be required on any cul-de-sac less than 1/2 mile long. The sidewalk shall wrap around the cul-de-sac on the side to maximize exposure to the winter sun. B.Sidewalks may be constructed of portland cement or asphalt cement concrete, except that asphalt cement concrete sidewalks may only be constructed in residential areas. C.Portland cement concrete shall be New York State Department of Transportation Class A with air entrainment of 6% by volume. D.Bituminous material shall meet the requirements of Type 1AC or 1ACF of Section 401 of the current New York State Department of Transportation Standard Specifications. E.Where shown on the plans, the developer shall construct sidewalks in accordance with Figure II-2 and Figure VII-2a, VII-2b, VII-3, VII-4A, VII4-B and VII4-C. [Amended 11-14-2002 by L.L. No. 5-2002] (1)Portland cement concrete sidewalk shall be minimum six inches thick. (2)Asphalt cement concrete sidewalk shall be constructed in two lifts. A four-inch binder course and a two-inch wearing course shall be constructed in accordance with the specifications for streets, except that the requirements for size and type of roller shall not apply. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE VII, Other Features: Design,  Material and Construction Specifications                     § A197-72. Monuments.   § A197-72. Monuments. A.Permanent monuments may be required on the right-of-way line of a roadway at all road intersections, angle points, points of curve, subdivision corners, easements and other locations as directed by the Highway Superintendent or the Town Engineer. B.Monuments shall be cut granite, free from imperfections, or concrete, and as shown on Figure VII-5. Iron pipes, unless embedded in concrete, shall not be considered permanent monuments for the purpose of this specification. C.Monuments shall not be set until the roadway has been completed, nor shall they be set while frost is in the ground. They shall be set and tamped to prevent settlement, shifting or movement. Monuments shall be set so that they cannot be easily removed, if necessary by encasing the lower half in a concrete anchor (similar to a fence or sign post). D.The developer's licensed land surveyor shall certify that the location of all monuments is accurate, before acceptance of the highway by the Town Board, and all monument locations shall be shown on the as-built drawings (plans). § A197-73. Guiderail. A.The type and need for guiderail installation shall be approved by the Highway Superintendent and the Town Engineer. All guiderail installations shall be designed in accordance with Guiderail II, or latest revision, published by the New York State Department of Transportation Traffic Safety Division. B.The primary warrants to determine the need for guiderail are: (1)Height of drop-off (measured from the break of shoulder slope to the toe of slope) compared to the rate of embankment slope. Guiderail is not warranted unless the geometry of the features involved exceed the criteria below: Slope (H:V)Embankment Height   2 to 16 feet   3 to 1 or flatterGuiderail not required _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE VII, Other Features: Design,  Material and Construction Specifications                     § A197-73. Guiderail.   It is also assumed in the above geometrical consideration that the toe of slope conditions are such that no abrupt drop-offs or adverse slopes forming "V" ditches will be encountered.   (2)Guiderails shall be installed to protect motorists from fixed objects and roadside hazards as shown on the following list:   Culvert headwalls. Along bodies of water over two feet deep. Rock cuts and rock outcrops. Retaining walls. Any other immovable object as determined by the Highway Superintendent.   C.Guiderail installation shall be in accordance with Sections 710-20, Corrugated Beam Guide Railing, and 710-21 Box Beam Guide Railing, of the current Standard Specifications of the New York Department of Transportation (See Figures VII-6 and 7). § A197-74. Traffic signs and road name signs. A.All signs, signals, markings and other control devices for maintenance and protection of traffic and for naming roads shall conform to the requirements of the New York State Manual of Uniform Traffic Control Devices. B.The developer shall install a stop sign at the intersection of a new road with an existing town, county or state road and at intersections within the subdivision itself as determined by the Highway Superintendent or the Town Engineer. The developer shall furnish and install a four-way road name sign at every road intersection made by the roads he constructs. See Figure VII-8. The developer may also be required to install other signs, such as W7-4 Children at Play, as determined by the Highway Superintendent or the Town Engineer. § A197-75. House drains. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE VII, Other Features: Design,  Material and Construction Specifications                     § A197-75. House drains.     Roof, cellar, trench, curtain, footing or any other house drain or septic system drain shall in no case be allowed to flow onto the highway right-of-way. With the approval of the Highway Superintendent and the Town Engineer, in writing, these drains may be piped to the roadway and they shall be connected to a catch basin or to the top of a pipe only. Such drains must be installed prior to the start of the application of the roadway foundation course. § A197-76. Driveways. A.Permits. (1)The developer shall obtain all necessary permits and construct all driveway entrances to the satisfaction of the governing agency. See also Chapter 159, Article I, Driveways. B.Design. (1)Driveways shall be designed similar to a road intersection. A driveway center line shall be offset from a road intersection center line a minimum of 125 feet. Driveways entering onto a minor local road may be no closer than 45 feet to the stop sign cross bar at an intersection. Driveways shall have adequate sight distance (see § A197-27.). [Amended 11-14-2002 by L.L. No. 5-2002] (2)A separate driveway shall be required for each lot, unless the Planning Board has approved a shared driveway in accordance with § 194-67.1. [Amended 11-14-2002 by L.L. No. 9-2002] (3)The minimum pavement or gravel width for driveways shall be 12 feet. The minimum overhead clearance shall be 12 feet. (4)Driveway grades shall not exceed a gradient of 4% within 30 feet of the roadway, then 15% overall, then 4% within 30 feet of the dwelling. Where elevations are sought, the developer shall submit driveway profiles, grading plan and cross sections to permit a technical evaluation of the proposal by the Highway Superintendent or the Town Engineer. (5)The driveway entrance, curbing, gutter, drainage ditch and roadway interference shall be designed: (a)Not to channel drainage water from driveway onto or across the roadway. (b)Not to channel drainage water from roadway onto driveway. (c)Not to interfere with drainage flow along curbing gutter or drainage ditch. (6)All positive grade driveways shall continue at positive grade to the edge of pavement of the road to prevent ponding. (7)Driveways shall be designed to provide Fire Department apparatus access to within a distance of 150 feet or less of the structure it may be called upon to protect. No turn shall be of such a degree as to prevent access of Fire Department apparatus. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE VII, Other Features: Design,  Material and Construction Specifications                     § A197-76. Driveways.   (8)Driveways shall be able to support a thirty-ton, three-axle apparatus. C.Construction. (1)All driveways in excess of 3% shall be paved their entire length, all others shall be paved for the first 30 feet (apron) from the edge of pavement. Paving requirements shall be in accordance with Figure VII-10. (2)For driveways constructed in wet areas, all unsuitable material shall be excavated and replaced with suitable material. Curtain drains should be installed which discharge into the roadway storm drain system. (3)See also Chapter 163, Subdivision of Land, § 163-28. § A197-77. Stop bar and striping. A.Where required by the Highway Superintendent or a county or state work permit, a twelve-inch stop bar shall be painted on the pavement. See Figure VII-10. B.All pavement markings (including lane stripes, edge lines, arrows and words) shall be made with thermoplastic paint conforming to current New York State Department of Transportation Specifications. White or yellow markings shall be made in accordance with the MUTCD requirements for size, shape and color code. The locations of all markings shall be shown on a site plan and approved by the Highway Superintendent or the Town Engineer. § A197-78. Bridge/underpass/overpass. A.The specific requirements shall be established by the Highway Superintendent and the Town Engineer. B.In general, the structure shall be designed for an H-20 load. Clearance to another roadway shall be minimum 16 feet. The waterway opening shall be designed to pass a one-hundred-year storm. § A197-79. Detour/road closure.   If it becomes necessary to close a road or a lane, the developer shall furnish a detour or lane closure plan for approval by the Highway Superintendent. The recommendations of the MUTCD shall be followed. ARTICLE VIII, Soil Erosion and Sediment Control Including Dust Control § A197-80. Procedure. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE VIII,  Soil Erosion and Sediment Control Including Dust Control                     § A197-80. Procedure.     Construction plans for subdivisions, site development and public improvements must include steps needed to prevent and mitigate urban erosion and urban sedimentation. The developer shall submit plans and/or a report, prior to construction, which indicate the mitigating and controlling measures appropriate to the site. The Highway Superintendent and Town Engineer shall review this plan. The Highway Superintendent or Town Engineer shall have the authority to require that the approved plan shall be implemented. § A197-81. Vegetative control measures. A.Vegetative control measures include: (1)The planting of grasses, legumes, trees and shrubs. The developer shall select species that are adapted to the site and purpose of planting. A planting guide should be consulted which lists the most common and important area species of grasses, woody plants and legumes that may be used for controlling erosion and sediment. (2)Topsoiling and slope stabilization (mulched anchoring) for establishment of the grasses and legumes; grassing waterways and outlets; ditch and channel bank seedings, jute and sod. The developer shall apply needed ground cover on exposed soils within 15 to 30 days of exposure, except on areas where final construction will begin within 30 days. The developer shall stockpile topsoil to apply on sites as required for establishing vegetation. (3)Protection of trees against damage from construction grading and landfilling. B.Burning of vegetative cover will not be allowed, unless by county permit. § A197-82. Structural control measures. A.Land grading shall be in accordance with the approved plan. The plan shall limit the grades of slopes so that plants may be easily established. B.Suitable side slopes which are not greater than two to one shall be maintained for slope stability. C.Benches, berms, terraces or ledges, temporary and permanent, shall be constructed as necessary across sloping land to reduce the length and grade of a steep slope. D.Diversion ditches or channels and ridges shall be constructed to intercept surface runoff as necessary. E.Grassed waterways or outlet swales shall be constructed to maintain nonerosive velocities as required. F.Siltation, debris or sediment basins shall be constructed to trap runoff waters during construction, prior to entering a stream, creek, pond, lake, swamp or other environmentally sensitive or protected body of water. G.Grade stabilization structures shall be constructed from earth, pipe, concrete, masonry, steel, aluminum, wood or sod. These structures shall be used as required to safely convey water, reduce grades, stabilize downcutting or change the direction of flow of water. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE VIII,  Soil Erosion and Sediment Control Including Dust Control                     § A197-82. Structural control measures.   H.Any detention structure, retention structure or impoundment pond shall be constructed to store runoff waters and release same at a rate which will prevent flooding and erosion. The pond may have earthen dams, spillways, pipe outlet structures, overflow weirs or ditches to control the outflow. I.Gabions and mattresses (compartmented rectangular containers made of heavy galvanized steel wire woven in twist patterns and filled with stone), may be used to support vegetation growth, to mitigate erosion and ice flows, as revetments for embankment protection, as weirs in basin designs or channel lining in ditches. J.Temporary silt fences and staked hay (straw) bale berms shall be used to contain sediment on site and allow the passage of runoff waters. K.Finished culvert end sections shall be installed on all pipe ends to prevent scouring and undercutting. Rip-rap shall be placed beyond the end section on both the sides and bottom slopes of the drainageway. L.Protective slope materials shall be utilized and they include straw or hay anchored in place with asphalt emulsion, stapled-down jute or polypropylene mesh, wood chips and continuous filament fiberglass. M.Temporary erosion and siltation control measures shall conform to the requirements of the United States Department of Transportation, Federal Highway Administrative Guidelines, New York State Guidelines for Urban Erosion and Sediment Control, or Dutchess County SCS Soil Erosion and Sediment Control Guidebook. § A197-83. Dust control. A.The developer shall take reasonable measures to control fugitive dust emissions on haul roads or roads under construction. B.Dust control should be by means of continuous watering or other means approved by the Highway Superintendent or the Town Engineer. § A197-84. (Reserved). § A197-85. (Reserved). § A197-86. (Reserved). § A197-87. (Reserved). § A197-88. (Reserved). § A197-89. (Reserved). _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE VIII,  Soil Erosion and Sediment Control Including Dust Control                          Appendix 1 Summary of Highway Specifications [Amended 11-14-2002 by L.L. No. 5-2002] [Class of Highway]   Rural orMinor Major orCommercial orSuburbanLocal ItemThroughIndustrial(local road)Road   Right-of-way width60 feet60 feet50 feet50 feet   Clearing width60 feet60 feet50 feet40 feet   Grading width60 feet60 feet50 feet40 feet Top of Form Bottom of Form   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE VIII,  Soil Erosion and Sediment Control Including Dust Control                     Appendix 1 Summary of Highway Specifications   Pavement width30 feet24 feet24 feet24 feet   Storm drainsYesYesYesYes   Foundation course12 inches12 inches12 inches12 inches   Pavement base4-inch------ courseasphalt concrete   Binder course3-inch5-inch4-inch4-inch asphaltasphaltasphaltasphalt concreteconcreteconcreteconcrete (2 lifts) Top of Form Bottom of Form   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE VIII,  Soil Erosion and Sediment Control Including Dust Control                     Appendix 1 Summary of Highway Specifications   Wearing surfaces2-inch2-inch2-inch2-inch asphaltasphaltasphaltasphalt concreteconcreteconcreteconcrete   CurbsAsPortlandAsphaltAsphalt requiredcementconcreteconcrete   SidewalksAsAs requiredAs requiredRequired required   MonumentsYesYesYesYes   Road name signsYesYesYesYes   Appendix 2 Top of Form Bottom of Form   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE VIII,  Soil Erosion and Sediment Control Including Dust Control                     Subdivision Road and   Subdivision Road and Related Public Improvement Engineer's Certification Form I   Town of East Fishkill Dutchess County, New York   1)I, ____________________, submit herewith six copies of PROFESSIONAL ENGINEER   the RECORD DRAWING(S) for _____________ SUBDIVISION NAME   which have been prepared in conformance with the Town of East Fishkill checklist. Based on a review of the record drawing and based on inspections of the construction activities, I hereby certify that the subdivision roads and public improvements were built generally in conformance with the approved plan and that the improvements are centrally located within the ROW or easements. In addition to the as-built plan, the following items were observed to be in general conformance to the approved plans:   A)__________________ INCHES R-0-B FOUNDATION MATERIAL Top of Form Bottom of Form   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE VIII,  Soil Erosion and Sediment Control Including Dust Control                     Engineer's Certification Form I     B)___________________ INCHES GRADED GRAVEL   C)___________________ TYPE(S) PIPE WERE INSTALLED.   2)Due to site conditions or construction difficulties or contractor error, the following changes were made from the approved plans:   A) _____________   B) _____________   C) _____________   D) _____________ Top of Form Bottom of Form   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE VIII,  Soil Erosion and Sediment Control Including Dust Control                     Engineer's Certification Form I   E) _____________   Submitted herewith are copies of letters from the Town of East Fishkill Highway Superintendent approving the change or documentation is submitted herewith demonstrating that the change is not producing a deleterious effect and that it is substantially conforming to the approved plans and Town Code.   ATTACH ANY OR ALL OF THE FOLLOWING WHICH MAY BE REQUIRED: (Drainage Report, Road Profiles, Grading Plans, Etc.)   ____________________________ PROFESSIONAL ENGINEER (TYPE)   ____________________________ LICENSE NO.     _____________ SIGNATURE AND SEAL _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE VIII,  Soil Erosion and Sediment Control Including Dust Control                     Engineer's Certification Form I     Appendix 3 Subdivision Road and Related Public Improvement Engineer's Certification Form II   Town of East Fishkill Dutchess County, New York   1)I, _________________________, submit herewith six copies of PROFESSIONAL ENGINEER   the RECORD DRAWING(S) for _____________ SUBDIVISION NAME   which have been prepared in conformance with the Town of East Fishkill checklist. Based on a review of the record drawing and based on inspections of the construction activities, I hereby certify that the subdivision roads and public improvements were built generally in conformance with the approved plans that the improvements are centrally located within the ROW or easements. In addition to the as-built plan, the following items were observed to be in general conformance to the approved plans: Top of Form Bottom of Form   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE VIII,  Soil Erosion and Sediment Control Including Dust Control                     Engineer's Certification Form II     A)__________________ INCHES ASPHALT CONCRETE BINDER COURSE   B)__________________ INCHES ASPHALT CONCRETE TOP COURSE   C)__________________ FEET FINISHED PAVEMENT WIDTH   2)Due to site conditions or construction difficulties or contractor error, the following changes were made from the approved plans:   A)_____________   B)_____________   C)_____________ Top of Form Bottom of Form   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE VIII,  Soil Erosion and Sediment Control Including Dust Control                     Engineer's Certification Form II   D)_____________   E)_____________   Submitted herewith are copies of letters from the Town of East Fishkill Highway Superintendent approving the change or documentation is submitted herewith demonstrating that the change is not producing a deleterious effect and that it is substantially conforming to the approved plans and Town Code.   ATTACH ANY OR ALL OF THE FOLLOWING WHICH MAY BE REQUIRED: (Drainage Report, Road Profiles, Grading Plans, Etc.)   ___________________________ PROFESSIONAL ENGINEER (TYPE)   _________________________ LICENSE NO. Top of Form Bottom of Form   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE VIII,  Soil Erosion and Sediment Control Including Dust Control                     Engineer's Certification Form II   _____________ AND SEAL       Figures II-1 to VII-13 NOTE ARTICLE IX, Requirements Relating to Other Portions of the Town Code (Not under the jurisdiction of the Highway Superintendent) § A197-90. Securities.EN A.Performance bond. (1)Pursuant to Town Law § 277, the Planning Board shall have the authority to accept a performance bond in lieu of requiring construction of public improvements as set forth in that section. When the Planning Board does agree to accept a performance bond, the developer shall deposit with the Town Clerk a performance bond of acceptable surety or shall deposit with the Chief Fiscal Officer of the town acceptable negotiable government bonds, cash or certified check drawn upon a national or state bank, payable at sight to the Town Board, guaranteeing: (a)That within two years the developer will complete the construction of all required improvements within the right-of-way and easements in accordance with the approved plans and the highway specifications. The term of the performance bond may be extended by the Planning Board with consent of the parties thereto, as set forth in Town Law § 277. (b)That, upon written certification by the developer's professional engineer that the construction of the highway has been completed in accordance with the plans and specifications and approved by the Highway Superintendent, the developer will dedicate the completed highway to the town for use as a public highway, free and clear of all liens and encumbrances. The guaranty of dedication shall apply to the owner of the property as well as the developer, where the two are not synonymous. Subsection A(1)(b) may alternatively be satisfied by an offer of cession, in recordable form, delivered to the town and approved by the Town Attorney's office. (2)As guaranty for the performance of the above requirements, the developer shall deposit, as heretofore set forth, a surety bond, negotiable government bonds, cash or certified check in the amount of 100% of the total construction cost. This amount shall be determined by the Town Engineer by applying to the quantities or dimensions shown on the approved plans the rates per unit as established by the schedule of rates, Table I of this article, or amendments thereto which may later be established to reflect changing costs. B.Maintenance or continuation bond. Prior to acceptance by the town of dedication of the street as guaranteed by Subsection A(1)(b) above, the developer shall deposit with the Town Clerk a maintenance bond of acceptable surety or shall deposit with the Chief Fiscal Officer of the town acceptable negotiable government bonds, cash or certified check drawn upon a national or state bank, payable at sight to the Town Board, guaranteeing that, for a period of one year from the date of acceptance of the street by the town, the developer will maintain the street to the standard of construction set forth by the highway specifications, normal wear and tear excepted. This shall be interpreted to mean that the developer will, at his own expense, repair and make good any defects or damage which may develop during this maintenance period as a result of faulty construction within the right-of-way or easements or as a result of other construction by the developer (or his assigns). During the maintenance period, the town shall be responsible for snow and ice control, street cleaning, cleaning of culverts and catch basins and other work of a similar routine nature, provided that such work has in no way been caused by the developer's operation. The amount of the maintenance bond shall be equal to at least 20% of the performance bond. C.Insurance. The developer shall procure and maintain at his own expense and without expense to the town, until final acceptance by the town of the work covered by approved plan and specifications, insurance for liability for damages imposed by law, of the kinds and in amounts hereinafter provided, in insurance companies authorized to do such business in the state, covering all operation under the approved plans and specifications whether performed by him or by contractors. Before commencing the work, the developer shall furnish to the town a certificate or certificates of insurance, in a form satisfactory to the town, showing that he has complied with this section. The certificate or certificates of insurance shall provide that the policies shall not be changed or canceled until 30 days' written notice has been given to the town. The kind and amount of insurance shall be as stated below in Subsection C(1), (2) and (3), and unless otherwise specifically required by special conditions, each policy shall have limits of not less than: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     APPENDIX         Chapter A197, HIGHWAY SPECIFICATIONS                 ARTICLE IX,  Requirements Relating to Other Portions of the Town Code (Not under the  jurisdiction of the Highway Superintendent)                     § A197-90. Securities.   (1)Bodily injury liability: (a)Each person: $500,000. (b)Each accident: $1,000,000. (2)Property damage liability: (a)Each accident: $150,000. (b)Aggregate: $300,000. (3)Blasting. (a)The limits shall be set in consultation with the Town Attorney. § A197-91. Timely completion. EN   If construction of the public improvements has not been started within one year from the date of final approval by the Planning Board, the developer shall appear before the Planning Board to explain the reasons for the delay. If the Planning Board finds that there is substantial justification for the delay, either in commencement or completion of construction, it may grant an extension of time of up to one year to the developer. Further, if the Planning Board finds that costs have increased, it shall have the right as a condition for the extension to increase the amount of any of the securities referred to in § A197-90. Furthermore, if the Planning Board finds that circumstances have changed, it shall have the right to require that plans shall be resubmitted and approved per Chapter 163, Subdivision of Land. § A197-92. Fire safety measures.EN   Where, pursuant to Town Law § 277, the Planning Board determines that it is appropriate to facilitate fire protection and to provide access of firefighting equipment to buildings, the Planning Board shall have the authority to require the following improvements: A.Intermediate turnaround (see Attachment IX-1). B.Fire truck pad (see Attachment IX-2). § A197-93. Trees and landscaping.EN _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002