East Fishkill Town Code (Version 2) - December 15, 2002
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BEGIN TOWN CODE
CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002
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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
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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.
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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."
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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.
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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.
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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.
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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.]
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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.
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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.
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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.
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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.
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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]
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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.
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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.
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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.
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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.
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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:
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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]
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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]
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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.
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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.
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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]
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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:
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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
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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;
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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.
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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:
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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;
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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.
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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.
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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
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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.
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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)
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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.
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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.
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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.
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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.
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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.
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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]
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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]
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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.
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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.
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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.
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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:
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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
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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
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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.
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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.
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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
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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."
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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:
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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.
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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.
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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.
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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:
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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.
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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.
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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.
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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)
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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%
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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
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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]
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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
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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.
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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.
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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
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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
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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.
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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
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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.
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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
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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:
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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.
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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.
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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:
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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.
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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.
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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.
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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.
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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]
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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:
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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.
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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.
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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.
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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%
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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:
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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.
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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.
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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.
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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.
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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]
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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.
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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.
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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]
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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]
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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.
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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:
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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:
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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]
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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.
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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.
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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.
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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.
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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]
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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]
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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;
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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.
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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.
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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.
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
APPENDIX Chapter A197, HIGHWAY SPECIFICATIONS
ARTICLE IX,
Requirements Relating to Other Portions of the Town Code (Not under the
jurisdiction of the Highway Superintendent)
§ A197-93. Trees and landscaping.
The need for locations, species, etc., of trees and landscaping shall
be established by the Planning Board. Construction shall be in
accordance with the notes, typical and details shown on the approved
plans and Figure II-2 of the Highway Specifications.
§ A197-94. Building permits. EN
A.No building permits will be issued unless:
(1)The subdivision roads are complete [with the exception of the wearing
surface (asphalt concrete) and curbing]; or
(2)A bond in accordance with § A197-90 has been provided.
B.No building permits shall be issued until such time as all erosion and
siltation control measures have been installed to the satisfaction of
the Highway Superintendent or Town Engineer.
C.Sight easements shall be cleared prior to issuance of building
permits.
D.All driveway culverts as required by the approved plat or site plan or
as required by the Highway Superintendent shall be installed in the
approved location prior to issuance of a building permit. Any location
change of driveway culverts shall not be performed until a plot plan is
submitted and approved by the Town Engineer.
E.Each lot must have a preliminary plot plan furnished to the Building
Inspector, indicating house and driveway location, septic system and
well and drainage flow patterns with elevations relative to road
surface, before a building permit can be issued.
(1)The plot plan must be prepared and stamped by a licensed professional
engineer or land surveyor.
(2)The plot must comply with all requirements of Attachment 2 of this
article.
§ A197-95. Certificate of occupancy.EN
Before a certificate of occupancy is issued, a final certified plot
plan indicating field obtained as-built conditions must be furnished to
the Building Inspector for his review. The certified plot plan must
include the stamp and signature of a licensed professional engineer or
land surveyor.
Attachment 1 Table 1 Rates for Computing Amount of Performance Bond
_________________________
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)
Attachment 1 Table 1 Rates for Computing Amount of P
erformance Bond
Clear and grub$2,000 per acre
Rough grade$16.75 per linear foot
Excessive cuts and fills$10.00 per cubic yard
(over 5 feet)
Foundation course$14.50 per linear foot
Asphalt concrete binder$8.40 per square yard
Asphalt concrete wearing$6.30 per square yard
Asphalt concrete curb$3.50 per linear foot
Portland concrete curb$8.50 per linear foot
Asphalt concrete sidewalk$10.50 per square yard
Portland concrete sidewalk$21.00 per square yard
W-beam guiderail$12.00 per linear foot
Box beam guiderail$24.00 per linear foot
DiameterFor Each LFFor Each End (inches)Round CCMPSection 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 IX,
Requirements Relating to Other Portions of the Town Code (Not under the
jurisdiction of the Highway Superintendent)
Attachment 1 Table 1 Rates for Computing Amount of P
erformance Bond 18$20$200 24 28 280 30 35 350 36 43 430 42 50 500 48
60 600
60 90 900
DiameterFor Each LFFor Each End (inches)HDPE/RCPSection 18$27$270 24
36 360 30 45 450 36 54 540 Top of Form Bottom of Form
CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002
APPENDIX Chapter A197, HIGHWAY SPECIFICATIONS
ARTICLE IX,
Requirements Relating to Other Portions of the Town Code (Not under the
jurisdiction of the Highway Superintendent)
Attachment 1 Table 1 Rates for Computing Amount of P
erformance Bond 42 63 630 48 72 720
60 90 900
Size andFor Each End Equivalent DiameterFor Each LFSection 22 x 13
CCMA Pipe (18")$ 25$ 250 29 x 18 CCMA Pipe (24") 35 350 36 x 22 CCMA
Pipe (30") 44 440 43 x 27 CCMA Pipe (36") 54 540 50 x 31 CCMA Pipe
(42") 63 680 58 x 36 CCMA Pipe (48") 75 750
72 x 44 CCMA Pipe (60") 115 1, 150
Size andFor Each End Equivalent DiameterFor Each LFSection 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 IX,
Requirements Relating to Other Portions of the Town Code (Not under the
jurisdiction of the Highway Superintendent)
Attachment 1 Table 1 Rates for Computing Amount of P
erformance Bond 14 x 23 RCA Pipe (18")$ 41$ 410 19 x 30 RCA Pipe
(24") 54 540 24 x 38 RCA Pipe (30") 68 680 29 x 45 RCA Pipe (36")
81 810 34 x 53 RCA Pipe (42") 95 950 38 x 60 RCA Pipe (48") 108 1,
100
48 x 76 RCA Pipe (60") 135 1, 350
Rates for pipe over 60" diameter and for culverts and bridges shall be
established by the Highway Superintendent or the Town Engineer.
Rip-rap$25 per cubic yard
Open swale or ditch$5 per linear foot
Detention pond$10 per cubic yard
excavation or berm
Catch basin 0 - 10 feet$2,000 each
over 10 feet$2,500 each
_________________________
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)
Attachment 1 Table 1 Rates for Computing Amount of P
erformance Bond
Manhole 0 - 10 feet$2,500 each
over 10 feet$3,500 each
Concrete headwall$50/inch diameter
Survey monument$90 each
Street sign$150 each
Topsoil, seed and mulch$5 per square yard
Street tree$200 each
LandscapingLump sum
Erosion and dust control$1000 per acre clearing
plus $200 per lot
(Indicated unit prices are intended as guidelines only and are subject
to change depending on actual construction cost.)
Attachment 2 Plot Plan Requirements
Preliminary Plot Plan (certified)
(1)Existing contours and final proposed contours. (2 to 1 max. slopes)
(2)Surface drainage flow indicated and provisions for protection of
adjacent properties against increased water flow as the result of
construction of the dwelling (or associated easements or releases if
required).
_________________________
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)
Attachment 2 Plot Plan Requirements
(3)Ground floor (lowest slab elevation) and first floor elevations and
garage floor (if no garage, so state). Elevations shall be shown to
tenths of a foot. If near a floodplain, state one-hundred-year-flood
elevation. Lowest part of building to be minimum two feet above
floodplain.
(4)Sanitary sewer with inverts (if applicable) and cleanout as required.
(CO on property).
(5)Roof, curtain, foundation and footing drains (with inverts) (as
required).
(6)Water lines shown with water shut-off (if applicable) (SO in ROW).
(7)Placement of septic system with invert elevation and well (if
applicable).
(8)All applicable notes from the approved subdivision plat and/or
resolution.
(9)Parcel bearings, distances and acreage.
(10)Both edges of pavement and driveway (spot elevations as required).
(11)Utility poles and ID numbers; underground utility junction boxes (if
applicable).
(12)All easements or ROW shown with bearings and distances.
(13)Street trees (if applicable).
(14)Reference to Filed Map and lot number (if none, provide liber-page).
(15)Engineer/land surveyor certification (stamp-sign).
(16)Certified engineering design or calculations where required.
(17)Erosion controls as may be necessary to protect downstream land and
water.
_________________________
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)
Attachment 2 Plot Plan Requirements
(18)The plot shall not exceed a 50 scale drawing and must contain
two-foot contours on the same datum as the subdivision Filed Map.
Final "As-Built" (Certified)
(1)Certified finalization of all items for preliminary plot plan
(required).
(2)Easements or releases (as required). Releases must be notarized.
(3)Deed description or ROW agreements (as required), satisfactory to the
Town Attorney, if different than shown on Filed Map, or not shown on
Filed Map.
Attachment 3
The Planning Board may require these notes, as applicable, to be shown
on a plan or plat.
Special Notes for Plans
(1)Alteration of this document, except by a New York State licensed
engineer or land surveyor with a 7208-N exemption of the New York State
Education Law, is illegal.
(2)There shall be no further subdivision of any parcel shown on this
plat without the approval of the Town of East Fishkill Planning Board
and the Dutchess County Health Department.
(3)There are no wells or SDS, except those shown, within 200 feet of the
property lines.
(4)Reference is made to Drawings _______ through _________ for drainage
and road construction. Said plans are on file in the Town of East
Fishkill, and said plans are an integral part of the town approval.
(5)Erosion/siltation controls shall be installed prior to construction
at site to protect bodies of water and downstream properties. The
developer should contact the Town Engineer once the erosion controls are
in and prior to construction. All control devices must be maintained
during the length of the project.
(6)All road work shall be completed within two years of final approval.
(7)All roadwork shall conform to the Town of East Fishkill Highway
Specifications.
_________________________
[*** 2 IMAGES HERE ***]
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)
Attachment IX-2, Fire Truck Pad
DISPOSITION LIST
The following is a chronological listing of legislation of the Town of
East Fishkill adopted since the republication of the Code, indicating
its inclusion in the Code or the reason for its exclusion. [Enabling
legislation which is not general and permanent in nature is considered
to be non-Code material (NCM).] Information regarding legislation which
is not included in the Code nor on this list is available from the
office of the Town Clerk. The last legislation reviewed for the
republication of the Code was L.L. No. 11-2000, adopted 9-26-2000. A
complete listing, including disposition, of all legislation reviewed in
conjunction with the republication of the Code is on file in the office
of the Town Clerk.
Adoption
EnactmentDateSubjectDisposition
L.L. No.1-11-2001Senior citizens taxCh. 168, 1-2001exemption
amendmentArt. I L.L. No.1-11-2001Taxation: exemption forCh. 168,
2-2001persons with disabili-Art. VI ties amendment L.L.
No.6-14-2001Adoption of CodeCh. 1,
3-2001Art. I
L.L. No.11-14-2002Greenway Compact; zoningChs. 117, 194 Top of Form
Bottom of Form
CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002
DISPOSITION LIST 1-2002amendment L.L. No.11-14-2002Subdivision
of land amend-Chs. 163, 194 2-2002ment; zoning amendment (en-
vironmentally sensitive lands) L.L. No.11-14-2002Zoning amendmentCh.
194 3-2002(affordable housing) L.L. No.11-14-2002Zoning amendmentCh.
194 4-2002(R-3 District) L.L. No.11-14-2002Subdivision of land
amend-Chs. 163, A197 5-2002ment; highway specifica- Top of Form Bottom
of Form
CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002
DISPOSITION LIST tions amendment L.L. No.11-14-2002Zoning
amendmentCh. 194 6-2002(CRD District) L.L. No.11-14-2002Subdivision of
land amend-Chs. 163, 194 7-2002ment; zoning amendment (cluster
subdivisions) L.L. No.11-14-2002Zoning amendmentCh. 194 8-2002 L.L.
No.11-14-2002Subdivision of land amend-Chs. 163, 194 9-2002ment; zoning
amendment (residential zones) Top of Form Bottom of Form
CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002
DISPOSITION LIST L.L. No.11-14-2002Zoning Map amendmentCh. 194
10-2002(table) L.L. No.11-14-2002Zoning amendmentCh. 194
11-2002(nonresidential zones)
END OF TOWN CODE
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