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

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  CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002 ======================================================== [Captured, one screen at a time, from http://gcp.esub.net/cgi-bin/om_isapi.dll?clientID=164724&infobase=eastfish.nfo&softpage=Browse_Frame_Pg42 linked from www.eastfishkillny.org on 2/17/03 and 2/18/03] [Best viewed with a "mono-spaced font" such as "Courier New"] ======================================================== TABLE OF CONTENTS CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002 Table of Contents PREFACE PART I ADMINISTRATIVE LEGISLATION Chapter 1, GENERAL PROVISIONS ARTICLE I, Adoption of Code [Adopted 6-14-2001 by L.L. No. 3-2001] § 1-1. Title. § 1-2. Legislative intent. § 1-3. Adoption of Code; correction of references. § 1-4. Copy of Code on file. § 1-5. Changes in previously adopted legislation; new provisions. § 1-6. Minor nonsubstantive changes. § 1-7. Continuation of existing provisions. § 1-8. Repeal of enactments not included in Code; exceptions. § 1-9. Sale of Code book; supplementation. § 1-10. Future amendments to Code. § 1-11. Incorporation of provisions of this local law into Code. § 1-12. When effective. § 1-13. Severability. Chapter 8, CONSERVATION ADVISORY COUNCIL § 8-1. Statutory authority; legislative intent. § 8-2. Establishment; members. § 8-3. Responsibilities. Chapter 15, ETHICS, CODE OF ARTICLE I, Code of Ethics [Adopted 8-8-1974 as Ch. 8, Art. I, of the 1974 Code] § 15-1. Statutory authority; purpose. § 15-2. Definitions.EN § 15-3. Standards of conduct. § 15-4. Effect of code on certain rights. § 15-5. Distribution of code.EN § 15-6. Penalties for offenses. ARTICLE II, Board of Ethics [Adopted 8-9-1984 by L.L. No. 5-1984] Chapter 22, LOCAL LAWS, ADOPTION OF § 22-1. Public hearing; notice. § 22-2. Publication and posting of proposed local law; copies. § 22-3. Publication of local law as adopted. § 22-4. Filing of proofs of publication. § 22-5. Assignment of local law number. Chapter 33, PLANNING BOARD § 33-1. Employment of experts and staff; other expenses. § 33-2. Adoption of rules and regulations. § 33-3. General powers and duties. [Amended 6-24-1993 by L.L. No. 2-1993EN] § 33-4. Filing of certificate of authority to approve plats. § 33-5. Term of office. [Added 12-10-1992 by L.L. No. 8-1992; amended 6-24-1993 by L.L. No. 3-1993] Chapter 40, RECORDS ARTICLE I, Public Access [Adopted 7-10-1975 by L.L. No. 5-1975] § 40-1. Purpose and scope. § 40-2. Designation of records access officers; responsibilities. § 40-3. Designation of fiscal officer; responsibilities. § 40-4. Location. § 40-5. Hours for public inspection. § 40-6. Request procedure. § 40-7. Denial of access to records; appeals procedure. § 40-8. Fees. § 40-9. Public notice. ARTICLE II, Retention and Disposition [Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)] PART II GENERAL LEGISLATION Chapter 58, ALCOHOLIC BEVERAGES § 58-1. Title. § 58-2. Legislative intent. § 58-3. Definitions. § 58-4. Prohibition. § 58-5. Exception. § 58-6. Penalties for offenses. Chapter 63, ANIMALS ARTICLE I, Dogs [Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)] § 63-1. Purpose. § 63-2. Statutory authority. § 63-3. Title. § 63-4. Definitions. § 63-5. License required; fees. § 63-6. Tag required. § 63-7. Female dogs. § 63-8. Adequate shelter required. § 63-9. Restrictions. § 63-10. Rabies inoculations. § 63-11. Enforcement official. § 63-12. Seizure of dogs; redemption; disposition of unclaimed dogs. § 63-13. Complaints. § 63-14. Penalties for offenses. Chapter 68, ASSEMBLIES, MASS PUBLIC § 68-1. Purpose. § 68-2. Definitions. § 68-3. Permit to be issued by town; application; information required. § 68-4. Fees.EN § 68-5. Enforcement; penalties for offenses. Chapter 75, BINGO § 75-1. Conduct authorized. § 75-2. Sunday games. Chapter 80, BUILDING CONSTRUCTION AND FIRE PREVENTION ARTICLE I, Adoption of Standards [Adopted 1-26-1984 by L.L. No. 2-1984] ARTICLE II, Administration and Enforcement [Adopted 8-8-1974 as Ch. 31 of the 1974 Code] § 80-1. Department of Buildings and Fire Prevention; appointments. [Amended 1-26-1984 by L.L. No. 2-1984] § 80-2. Conflicts of interest. § 80-3. Powers and duties of Building Inspector. § 80-4. Cooperation of other departments. § 80-5. Building permits. [Amended 1-26-1984 by L.L. No. 2-1984] § 80-6. Performance of work under building permit. § 80-7. Building Department fees. [Amended 1-26-1984 by L.L. No. 2-1984EN] § 80-8. Revocation of building permit. § 80-9. Stop orders and order to remedy violation. [Amended 1-26-1984 by L.L. No. 2-1984] § 80-10. Inspections. [Amended 1-26-1984 by L.L. No. 2-1984] § 80-11. Certificates of occupancy. [Amended 1-26-1984 by L.L. No. 2-1984] § 80-12. Tests of materials and equipment. § 80-13. (Reserved)EN § 80-14. Penalties for offenses. [Amended 1-26-1984 by L.L. No. 2-1984] § 80-15. Additional remedies. Chapter 87, BUILDINGS, UNSAFE § 87-1. Purpose. § 87-2. Title.EN § 87-3. Definitions. § 87-4. Investigation and report. § 87-5. Town Board procedure. § 87-6. Notice. § 87-7. Hearing. § 87-8. Refusal to comply. § 87-9. Assessment of expenses. § 87-10. Emergency cases. Chapter 96, ELECTRICAL STANDARDS § 96-1. Title. § 96-2. Purpose. § 96-3. Adoption of standards. § 96-4. Approval required. § 96-5. Penalties for offenses. § 96-6. Qualified Electrical Inspectors. § 96-7. Duties of qualified Electrical Inspectors. § 96-8. No waiver or assumption of liability. § 96-9. Nonapplicability. Chapter 103, FEES ARTICLE I, Professional Consultant Expenses [Adopted 1-11-1996 by L.L. No. 1-1996] § 103-1. Compensation of town for review costs. § 103-2. Definitions. § 103-3. Procedures on applications. § 103-4. Funding of escrow account. § 103-5. Withdrawals from escrow accounts. § 103-6. Procedures upon depletion of escrow accounts. § 103-7. Approvals prohibited prior to payment. § 103-8. Return of unexpended funds. § 103-9. Town's further remedies for applicant's failure to reimburse. SCHEDULE A Chapter 108, FLOOD DAMAGE PREVENTION § 108-1. Statutory authorization, purpose and methods. § 108-2. Definitions. § 108-3. General provisions. § 108-4. Administration. § 108-5. Duties and responsibilities of local administrator. § 108-6. Provisions for flood hazard reduction. § 108-7. Variance procedure. § 108-8. Fees. Chapter 112, GAMES OF CHANCE § 112-1. Authorization; license required. § 112-2. Sundays; holidays. § 112-3. Enforcement. § 112-4. Summary license applications. Chapter 117, GREENWAY COMPACT § 117-1. Adoption of Greenway Connections. Chapter 131, MOBILE HOME PARKS; HOUSE TRAILERS § 131-1. Title. § 131-2. Purpose. § 131-3. Definitions. § 131-4. License required. § 131-5. Application for license; processing. § 131-6. General regulations. § 131-7. Sanitary and other facilities. § 131-8. Management; duties of licensees. § 131-9. Fire and accident provisions. § 131-10. Duration of licenses. § 131-11. Revocation of license. § 131-12. Uses of mobile homes. § 131-13. Penalties for offenses. Chapter 136, PARKS AND RECREATION AREAS § 136-1. Definitions. § 136-2. Prohibited activities. § 136-3. Traffic regulations. § 136-4. Recreational activities. § 136-5. General conduct. § 136-6. Additional rules authorized; hours; fees; residency requirements. § 136-7. Permit required for certain activities; issuance; revocation. § 136-8. Penalties for offenses. [Amended 7-25-1985 by L.L. No. 8-1985] § 136-9. Construction; word usage. Chapter 140, PEDDLING AND SOLICITING § 140-1. Definitions. § 140-2. License required; special permit required for stationary vendor. § 140-3. Exemptions. § 140-4. License application requirements. § 140-5. License/application procedure. § 140-6. Fees.EN § 140-7. Insurance. § 140-8. License to be carried; replacement of lost license.EN § 140-9. Transferability. § 140-10. Restrictions. § 140-11. Enforcement. § 140-12. Penalties for offenses. [Amended 9-13-1990 by L.L. No. 7-1990] § 140-13. Revocation of license. [Amended 9-13-1990 by L.L. No. 7-1990] § 140-14. Records. § 140-15. License period. [Amended 9-13-1990 by L.L. No. 7-1990] § 140-16. Renewal. Chapter 152, SEWERS ARTICLE I, Standards for Sewer Construction [Adopted 4-10-1975] § 152-1. Scope. § 152-2. Definitions. § 152-3. Permits. § 152-4. Notice of construction. § 152-5. Judge of quality and suitability. [Amended 1-12-1989 by L.L. No. 1-1989] § 152-6. Approved drawings. [Amended 1-12-1989 by L.L. No. 1-1989] § 152-7. Drawings of record. [Amended 1-12-1989 by L.L. No. 1-1989] § 152-8. Excavation and earthwork. § 152-9. Manholes. § 152-10. Pipe. § 152-11. Building sewers. Chapter 159, STREETS AND SIDEWALKS ARTICLE I, Driveways [Adopted 8-8-1974 as Ch. 37 of the 1974 Code] § 159-1. Permit required before construction. § 159-2. Changes to existing driveway entrances. § 159-3. Bond required. [Added 9-8-1977 by L.L. No. 8-1977] § 159-4. Penalties for offenses. ARTICLE II, Notification of Defects [Adopted 4-14-1977 by L.L. No. 4-1977] § 159-5. Prior notice of conditions on highways, bridges and culverts required. § 159-6. Prior notice of conditions on sidewalks required. § 159-7. Disposition of notices; responsibility for corrective action.EN § 159-8. Index record of notices to be maintained. § 159-9. Scope. Chapter 163, SUBDIVISION OF LAND ARTICLE I, General Provisions § 163-1. Authority of Planning Board. § 163-2. Title. § 163-3. Policy and objectives. ARTICLE II, Definitions § 163-4. Terms defined. ARTICLE III, Procedure § 163-5. Approval required. § 163-6. Preliminary consideration. § 163-7. Sketch plan. § 163-8. Preliminary plat. § 163-9. Subdivision plat. § 163-10. Resubdivision. ARTICLE IV, Improvements, Bonds and Agreements § 163-11. Completion of improvements required. § 163-12. Performance bonds. EN § 163-13. Required improvements. § 163-14. Agreements. ARTICLE V, Planning and Design Criteria § 163-15. Standards a guide. [Amended 11-14-2002 by L.L. No. 1-2002] § 163-16. Preservation of existing features. § 163-17. Streets. § 163-18. Street improvements. § 163-19. Lots. § 163-20. Reservations and easements. ARTICLE VI, Requirements for Plans and Plats § 163-21. General requirements. § 163-22. Preliminary plat details. § 163-23. Subdivision plat details. ARTICLE VII, Variances, Waivers, Conditions § 163-24. Variances. § 163-25. Waivers. § 163-26. Conditions. ARTICLE VIII, Driveway Specifications [Added 12-8-1977] § 163-27. Purpose. § 163-28. Design requirements. [Amended 11-14-2002 by L.L. No. 9-2002] § 163-29. Authority for interpretation. ARTICLE IX, Cluster Subdivisions [Added 3-28-1985 by L.L. No. 6-1985; amended 6-28-1986 by L.L. No. 2-1986; 11-14-2002 by L.L. No. 7-2002] § 163-30. Authorization and purpose. § 163-31. Permitted use. § 163-32. Conditions for cluster development. § 163-33. Development standards and controls. § 163-34. (Reserved) Chapter 168, TAXATION ARTICLE I, Senior Citizens Tax Exemption [Adopted 8-8-1974 as Ch. 59, Art. I, of the 1974 Code] ARTICLE II, Commercial, Business and Industrial Tax Exemption Reduction [Adopted 1-13-1977 by L.L. No. 1-1977] § 168-3. Purpose. § 168-4. Reduction of tax exemption percentage. ARTICLE III, Economic Development Zone Exemption [Adopted 2-9-1995 by L.L. No. 1-1995] § 168-5. Title. § 168-6. Purpose and intent; implementation of exemption. § 168-7. Applicability of statute. § 168-8. Term of exemption. § 168-9. Amount of exemption. ARTICLE IV, Fees for Duplicate Statement of Taxes [Adopted 9-14-1995 by L.L. No. 9-1995] § 168-10. Purpose. § 168-11. Authorization to charge fee. § 168-12. Definition. ARTICLE V, Alternative Veterans Exemption [Adopted 2-25-1997 by L.L. No. 1-1997] § 168-13. Exemption established. ARTICLE VI, Exemption for Persons with Disabilities [Adopted 1-14-1999 by L.L. No. 1-1999] § 168-14. Exemption established. § 168-15. Extent of exemption. § 168-16. Application for exemption. Chapter 177, VEHICLES AND TRAFFIC ARTICLE I, Parking [Adopted 8-8-1974 as Ch. 63, Art. I, of the 1974 Code] § 177-1. Parking prohibited. § 177-2. Seasonal parking restrictions. § 177-3. Penalties for offenses. ARTICLE II, Parking, Stopping or Standing on Private Lands [Adopted 8-8-1974 as Ch. 63, Art. II, of the 1974 Code; amended 1-12-1989 by L.L. No. 3-1989] § 177-4. Short title. § 177-5. Definitions. § 177-6. Legislative findings. § 177-7. Establishment of a fire lane. § 177-8. Designation of areas; signs and maintenance. § 177-9. Parking and standing prohibited in designated areas. § 177-10. Removal and storage of vehicles. § 177-11. Penalties for offenses. ARTICLE III, Use of Highway for Solicitation [Adopted 9-12-1996 by L.L. No. 10-1996] § 177-12. Prohibitions on pedestrian activity within highway. § 177-13. Penalties for offenses. Fire Lane Designations Chapter 186, WATER ARTICLE I, Standards for Installation of Water Mains, Valves and Hydrants [Adopted 4-10-1975] § 186-1. Scope. [Amended 1-12-1989 by L.L. No. 2-1989] § 186-2. Definitions. § 186-3. Permits. § 186-4. Notice of construction. § 186-5. Judge of quality and suitability. § 186-6. Approved drawings. [Amended 1-12-1989 by L.L. No. 2-1989] § 186-7. As-built drawings. § 186-8. Water main sizes. § 186-9. Water main materials. [Amended 1-12-1989 by L.L. No. 2-1989] § 186-10. Water main installation. § 186-11. Testing and sterilization. § 186-12. Valves. § 186-13. Hydrants. § 186-14. Connections. § 186-15. Inspections; approval and acceptance by the town. ARTICLE II, Water Use [Adopted 4-14-1983 by L.L. No. 2-1983] § 186-16. Purpose. § 186-17. Definitions. § 186-18. Application. § 186-19. District and owner responsibility. § 186-20. Limits on water usage. § 186-21. Cross connections with nonpotable water supplies. § 186-22. Service outside water district area. § 186-23. Obstruction of fixtures. § 186-24. Opening of streets; permits. § 186-25. Connection with mains. § 186-26. Service mains. § 186-27. Voluntary disconnection of service; application for new service. § 186-28. Water charges. § 186-29. Special provisions applying to districts with water meters. § 186-30. Water rates. § 186-31. Imposition and computation of water rates. § 186-32. Payment and enforcement of water rates. § 186-33. Fees. § 186-34. Enforcement. § 186-35. Method of service of notice. § 186-36. Reservation. Chapter 194, ZONING Part 1, General Provisions ARTICLE I, Purposes § 194-1. Purposes enumerated. ARTICLE II, Definitions and Word Usage § 194-2. Word usage. § 194-3. Definitions. ARTICLE III, Districts § 194-4. Designation of districts. [Amended 6-14-1979 by L.L. No. 4-1979; 3-28-1985 by L.L. No. 2-1985; 5-12-1988 by L.L. No. 1-1988EN; 8-22-1996 by L.L. No. 7-1996; 9-26-2000 by L.L. No. 5-2000; 11-14-2002 by L.L. No. 4-2002; 11-14-2002 by L.L. No. 11-2002] § 194-4.1. Hamlet designations. [Added 11-14-2002 by L.L. No. 9-2002; amended 11-14-2002 by L.L. No. 11-2002] § 194-5. Zoning Map. [Amended 4-27-1995 by L.L. No. 3-1995] § 194-6. Interpretation of district boundaries. Part 2, Regulatory Provisions ARTICLE IV, General Regulations § 194-7. General interpretation and applicability. § 194-8. Conformance required. § 194-9. Lot required for every building. § 194-10. Yard and open space applicable to one building only. § 194-11. Subdivision of a lot.EN § 194-12. Irregularly shaped lots. § 194-13. Required street access. [Amended 11-14-2002 by L.L. No. 9-2002] § 194-14. Average density subdivisions. [Added 3-28-1985 by L.L. No. 2-1985; amended 11-14-2002 by L.L. No. 8-2002EN] § 194-14.1. Environmentally sensitive lands. [Added 11-14-2002 by L.L. No. 2-2002] ARTICLE V, Schedules of Regulations § 194-15. General. § 194-16. Schedule of Permitted Uses. EN § 194-17. Schedule of Bulk Regulations. EN § 194-18. Off-Street Parking Schedule. EN ARTICLE VI, Conservation Residential Development [Added 5-12-1988 by L.L. No. 1-1988] § 194-19. Intent and purposes. § 194-20. Eligibility. § 194-21. Uses within CRD Zone. § 194-22. Development standard and controls. § 194-23. Applications procedure. ARTICLE VII, EN Site Plan Approval [Adopted 10-11-1984 by L.L. No. 7-1984] § 194-24. General. § 194-25. Application. § 194-26. Standards. § 194-27. Action by Planning Board. [Amended 4-24-1997 by L.L. No. 3-1997] ARTICLE VIII, Architectural Review Board [Added 4-24-1997 by L.L. No. 3-1997] § 194-28. Appointment; membership. § 194-29. Functions of the ARB. § 194-30. Submission procedures. § 194-31. Standards for review. § 194-32. Findings and decision of ARB. § 194-33. Effect on other approvals. § 194-34. Necessity of further review and approval. § 194-35. Court review. § 194-36. Enforcement and penalties for offenses. ARTICLE IX, Special Permits [Amended 9-8-1977 by L.L. No. 7-1977; 3-28-1985 by L.L. No. 4-1985] § 194-37. General. § 194-38. Appropriate reviewing agency. § 194-39. Applications and fees. [Amended 12-11-1986 by L.L. No. 5-1986] § 194-40. Procedures. [Amended 6-14-2001 by L.L. No. 3-2001] § 194-41. Required plans. § 194-42. Expiration. § 194-43. Existing violations. § 194-44. Standards for all special permit uses. § 194-45. Referral to AAB. § 194-46. Conditions. [Amended 6-14-2001 by L.L. No. 3-2001] § 194-46.1. Accessory retail, professional, and/or personal services in large cluster subdivisions. [Added 11-14-2002 by L.L. No. 7-2002] ARTICLE X, EN General Use Regulations [Added 3-28-1985 by L.L. No. 5-1985] § 194-47. Farming; nurseries; greenhouses. § 194-48. Obnoxious uses. § 194-49. Accessory uses. § 194-50. Lots subject to flooding. § 194-51. Temporary office and storage. § 194-52. Parking of commercial vehicles in residential zone. [Amended 11-14-2002 by L.L. No. 9-2002] § 194-53. Planned business neighborhood. § 194-54. Planned commercial parks. § 194-55. Planned research and development parks. [Added 6-14-1979 by L.L. No. 4-1979] ARTICLE XI, Planning Board Special Permits - Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985] § 194-56. General. § 194-57. Hospitals. § 194-58. Hotels and motels. [Amended 6-12-1986 by L.L. No. 4-1986] § 194-59. Large-scale recreation developments and camps. § 194-60. Churches, schools and other public uses. § 194-61. Commercial stables and riding academies.EN § 194-62. Nursing homes and alternative care housing. § 194-63. Day-care facilities. [Added 6-12-1986 by L.L. No. 3-1986] § 194-64. Historic structures. § 194-65. Subdivision recreation areas. [Added 2-19-1987 by L.L. No. 2-1987] § 194-66. Stationary solicitors, peddlers and vendors. [Added 9-14-1989 by L.L. No. 5-1989] § 194-67. Outdoor recreation developments. [Added 10-24-1996 by L.L. No. 11-1996] § 194-67.1. Shared driveways. [Added 11-14-2002 by L.L. No. 9-2002] ARTICLE XII, Zoning Board Special Permits - Supplementary Use Regulations [Added 3-28-1985 by L.L. No. 5-1985] § 194-68. General. § 194-69. Cemeteries. [Amended 6-14-2001 by L.L. No. 3-2001] § 194-70. Permit for preparation of mulching materials. [Added 2-12-1998 by L.L. No. 2-1998; amended 6-14-2001 by L.L. No. 3-2001] § 194-71. Membership clubs.EN § 194-72. Mobile home parks.ENEN § 194-73. Kennels.EN § 194-74. Private stables.EN § 194-75. Land excavations and filling. [Amended 9-26-2000 by L.L. No. 11-2000EN] § 194-76. Commercial communications towers and antenna installations. [Amended 6-11-1998 by L.L. No. 5-1998EN] § 194-77. Compliance required. § 194-78. Special permit authorized. § 194-79. Application for collocation or placement on an eligible structure. § 194-80. Application for a special permit to place new commercial communications tower. § 194-81. Notice and public hearing. § 194-82. Standards for issuing a special permit. § 194-83. Conditions on special permits. § 194-84. Design and construction requirements. § 194-85. Gasoline filling stations. [Amended 3-27-1997 by L.L. No. 2-1997EN] § 194-86. Automobile service facility. [Added 3-27-1997 by L.L. No. 2-1997] § 194-87. One-family-occupancy apartments. § 194-88. Car washes.EN § 194-89. Medical or dental clinics. [Added 3-27-1975 by L.L. No. 2-1975] § 194-90. Accessory professional offices. [Added 3-28-1985 by L.L. No. 5-1985EN] § 194-91. Accessory residential units in residential districts. [Added 3-28-1985 by L.L. No. 5-1985] ARTICLE XIII, Supplementary Bulk Regulations § 194-92. General. § 194-92.1. Flag lots. [Added 11-14-2002 by L.L. No. 9-2002] § 194-93. Terraces. [Amended 3-28-1985 by L.L. No. 7-1985] § 194-94. Porches. [Amended 3-28-1985 by L.L. No. 7-1985] § 194-95. Private swimming pools and tennis courts. [Added 3-28-1985 by L.L. No. 7-1985] § 194-96. Projecting architectural features. § 194-97. Fire escapes. [Added 3-28-1985 by L.L. No. 7-1985] § 194-98. Walls and fences. § 194-99. Visibility at intersections. § 194-100. Corner lots. [Amended 12-28-1995 by L.L. No. 11-1995; 1-11-1996 by L.L. No. 2-1996; 11-14-2002 by L.L. No. 11-2002] § 194-101. Height restriction exceptions. § 194-102. Exterior lighting. [Added 3-28-1985 by L.L. No. 7-1985] § 194-103. Refuse disposal. [Added 3-28-1985 by L.L. No. 7-1985] § 194-104. Awnings. [Added 3-28-1985 by L.L. No. 7-1985] § 194-105. Minimum residential unit size. [Added 3-28-1985 by L.L. No. 7-1985] § 194-106. Ornamental features. § 194-107. Accessory buildings. [Added 3-28-1985 by L.L. No. 7-1985] § 194-108. Construction sheds. [Added 3-28-1985 by L.L. No. 7-1985] § 194-109. Landscaping, screening and buffer areas. [Added 3-28-1985 by L.L. No. 7-1985] § 194-110. Underground utility lines. [Added 3-28-1985 by L.L. No. 7-1985] § 194-111. Signs. [Added 3-28-1985 by L.L. No. 7-1985] § 194-112. Dish antennas. [Added 3-28-1985 by L.L. No. 7-1985] ARTICLE XIV, Supplementary Off-Street Parking Regulations § 194-113. General. § 194-114. Residence districts. § 194-115. Business and industrial districts. [Amended 9-12-1996 by L.L. No. 9-1996] § 194-116. Improvements. [Amended 9-12-1996 by L.L. No. 9-1996] § 194-117. Longevity and use. § 194-118. Location. ARTICLE XV, Nonconforming Uses and Buildings § 194-119. General. § 194-120. Continuance of nonconforming uses. § 194-121. Nonconforming buildings. § 194-122. Changes. § 194-123. Enlargements or extensions. § 194-124. Alterations. § 194-125. Discontinuance. § 194-126. Restoration. § 194-127. Removal. § 194-128. Completion of building under construction. § 194-129. Existing special permit uses. § 194-130. Undersized lots. § 194-131. Lots in approved subdivisions. [Amended 3-28-1985 by L.L. No. 2-1985] § 194-132. Site plan required. Part 3, Administrative Provisions ARTICLE XVI, Enforcement § 194-133. General. § 194-134. Enforcement officer. § 194-135. Filing of administrative decisions.EN § 194-136. Inspections; notices of violation. § 194-137. Reports. ARTICLE XVII, Building PermitsEN § 194-138. Permit required. § 194-139. Application for permit. § 194-140. Fees. § 194-141. Expiration of permits. § 194-142. Records. ARTICLE XVIII, Certificates of Occupancy § 194-143. Certificates of occupancy required. § 194-144. Application for certificate. § 194-145. Temporary certificates of occupancy. [Amended 9-8-1977 by L.L. No. 7-1977] § 194-146. Records. ARTICLE XIX, Board of Appeals § 194-147. Appointment; rules of conduct and procedure.EN § 194-148. Powers and duties. § 194-149. Training requirements. [Added 6-24-1993 by L.L. No. 2-1993] § 194-150. Interpretation. § 194-151. Special permits. [Amended 6-14-2001 by L.L. No. 3-2001] § 194-152. Variances. [Amended 9-8-1977 by L.L. No. 7-1977; 6-14-2001 by L.L. No. 3-2001] § 194-153. Procedure. ARTICLE XX, Amendments § 194-154. General power of Town Board. [Amended 8-11-1994 by L.L. No. 5-1994] § 194-155. Advisory report by Planning Board. § 194-156. Referral to Dutchess County Department of Planning and Development. [Amended 8-11-1994 by L.L. No. 5-1994] § 194-156.1. Consideration of Greenway Connections. [Added 11-14-2002 by L.L. No. 1-2002] § 194-157. Fee. [Amended 9-8-1977 by L.L. No. 7-1977] ARTICLE XXI, Interpretation and Application § 194-158. General. § 194-159. Relation to other regulations. § 194-160. Effect on public properties. § 194-161. Effect on public utilities. [Amended 6-11-1998 by L.L. No. 5-1998] ARTICLE XXII, Violations § 194-162. Penalties for offenses. [Amended 9-13-1990 by L.L. No. 6-1990] § 194-163. Complaints of violations. ARTICLE XXIII, Affordable Housing [Added 11-14-2002 by L.L. No. 3-2002EN] § 194-164. Affordable Housing. TABLE OF ZONING MAP AMENDMENTS SCHEDULE OF PERMITTED USES Schedule of Bulk Regulations Off-Street Parking Schedule Off-Street Parking Standards APPENDIX Chapter A197, HIGHWAY SPECIFICATIONS ARTICLE I, Procedures § A197-10. General. § A197-11. Preparation and submission of road or improvement plan. § A197-12. Construction and inspection. § A197-13. Maintenance. § A197-14. Dedication. § A197-15. (Reserved). § A197-16. (Reserved). § A197-17. (Reserved). § A197-18. (Reserved). § A197-19. (Reserved). ARTICLE II, Highway Design Specifications § A197-20. Guidelines, applicability and planning. § A197-21. Classes and right-of-way. § A197-22. Vertical alignment. § A197-23. Horizontal alignment. [Amended 11-14-2002 by L.L. No. 5-2002] § A197-24. Combination alignment. § A197-25. Intersections. § A197-26. Turning circles. § A197-27. Sight distance. § A197-28. (Reserved). § A197-29. (Reserved). ARTICLE III, Grading and Paving Construction Specifications § A197-30. Right-of-way and construction layout. § A197-31. Clearing and grubbing. § A197-32. Rough grading. § A197-33. Subgrade. § A197-34. Fine grading of subgrade. § A197-35. Foundation course. § A197-36. Asphalt cement concrete (plant mix). § A197-37. Bituminous surface treatment (double course). § A197-38. Restoration of disturbed areas within a right-of-way or easement. § A197-39. (Reserved). ARTICLE IV, Drainage Design Specifications § A197-40. Drainage report and plans. § A197-41. Drainage easements. § A197-42. Pipe. § A197-43. Treatment of culvert ends. § A197-44. Underdrains. § A197-45. Catch basins and manholes. § A197-46. Open ditches or swales. § A197-47. Detention or retention ponds. § A197-48. (Reserved). § A197-49. (Reserved). ARTICLE V, Drainage Materials Specifications § A197-50. Pipe. § A197-51. Catch basins. § A197-52. Manholes. § A197-53. Steps. § A197-54. Rip-rap. § A197-55. Child resistant grillage. § A197-56. (Reserved). § A197-57. (Reserved). § A197-58. (Reserved). § A197-59. (Reserved). ARTICLE VI, Drainage Installation Specifications § A197-60. Additional drainage facilities. § A197-61. Trench excavation and backfill. § A197-62. Pipe laying. § A197-63. Catch basin and manhole installation. § A197-64. Ditches and swales. § A197-65. Rip-rap. § A197-66. (Reserved). § A197-67. (Reserved). § A197-68. (Reserved). § A197-69. (Reserved). ARTICLE VII, Other Features: Design, Material and Construction Specifications § A197-70. Curbs. § A197-71. Sidewalks. § A197-72. Monuments. § A197-73. Guiderail. § A197-74. Traffic signs and road name signs. § A197-75. House drains. § A197-76. Driveways. § A197-77. Stop bar and striping. § A197-78. Bridge/underpass/overpass. § A197-79. Detour/road closure. ARTICLE VIII, Soil Erosion and Sediment Control Including Dust Control § A197-80. Procedure. § A197-81. Vegetative control measures. § A197-82. Structural control measures. § A197-83. Dust control. § A197-84. (Reserved). § A197-85. (Reserved). § A197-86. (Reserved). § A197-87. (Reserved). § A197-88. (Reserved). § A197-89. (Reserved). Appendix 1 Summary of Highway Specifications Appendix 2 Subdivision Road and Related Public Improvement Engineer's Certification Form I Appendix 3 Subdivision Road and Related Public Improvement Engineer's Certification Form II Figures II-1 to VII-13 NOTE ARTICLE IX, Requirements Relating to Other Portions of the Town Code (Not under the jurisdiction of the Highway Superintendent) § A197-90. Securities.EN § A197-91. Timely completion.EN § A197-92. Fire safety measures.EN § A197-93. Trees and landscaping.EN § A197-94. Building permits.EN § A197-95. Certificate of occupancy.EN Attachment 1 Table 1 Rates for Computing Amount of Performance Bond Attachment 2 Plot Plan Requirements Attachment 3 Attachment IX-1, Intermediate Turnaround Attachment IX-2, Fire Truck Pad DISPOSITION LIST _________________________ PREFACE   The Town of East Fishkill has, over the years, passed through a process of legislative change common to many American communities. While only a few simple laws were necessary at the time of the establishment of the town, subsequent growth of the community, together with the complexity of modern life, has created the need for new and more detailed legislation for the proper function and government of the town. The recording of local law is an aspect of municipal history, and as the community develops and changes, review and revision of old laws and consideration of new laws, in the light of current trends, must keep pace. The orderly collection of these records is an important step in this ever-continuing process. Legislation must be more than mere chronological enactments reposing in the pages of old records. It must be available and logically arranged for convenient use and must be kept up-to-date. It was with thoughts such as these in mind that the Town Board ordered the following codification of the town's legislation. Contents of Code   The various chapters of the Code contain all currently effective legislation of a general and permanent nature enacted by the Town Board of the Town of East Fishkill, including revisions or amendments to existing legislation deemed necessary by the Town Board in the course of the codification. Division of Code   The Code is divided into parts. Part I, Administrative Legislation, contains all town legislation of an administrative nature, namely, that dealing with the administration of government, that establishing or regulating municipal departments and that affecting officers and employees of the municipal government and its departments. Part II, General Legislation, contains all other town legislation of a regulatory nature. Items of legislation in this part generally impose penalties for violation of their provisions, whereas those in Part I do not. Grouping of Legislation and Arrangement of Chapters   The various items of legislation are organized into chapters, their order being an alphabetical progression from one subject to another. Wherever there are two or more items of legislation dealing with the same subject, they are combined into a single chapter. Thus, for example, all legislation pertaining to the regulation of streets and sidewalks may be found in Part II, in the chapter entitled "Streets and Sidewalks." In such chapters, use of article or part designations has preserved the identity of the individual items of legislation. Table of Contents   The Table of Contents details the alphabetical arrangement of material by chapter as a means of identifying specific areas of legislation. Wherever two or more items of legislation have been combined by the editor into a single chapter, titles of the several articles are listed beneath the chapter title in order to facilitate the location of the individual item of legislation. Reserved Chapters   Space has been provided in the Code for the convenient insertion, alphabetically, of later enactments. In the Table of Contents such space appears as chapters entitled "(Reserved)." In the body of the Code, reserved space is provided by breaks in the page-numbering sequence between chapters. Pagination   A unique page-numbering system has been used, in which each chapter forms an autonomous unit. One hundred pages have been allotted to each chapter, and the first page of each is the number of that chapter followed by the numerals "01." Thus, Chapter 6 begins on page 601, Chapter 53 on page 5301, etc. By use of this system, it is possible to add or to change pages in any chapter without affecting the sequence of subsequent pages in other chapters, and to insert new chapters without affecting the existing organization. Numbering of Sections _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PREFACE     A chapter-related section-numbering system is employed, in which each section of every item of legislation is assigned a number which indicates both the number of the chapter in which the legislation is located and the location of the section within that chapter. Thus, the first section of Chapter 6 is § 6-1, while the fourth section of Chapter 53 is § 53-4. New sections can then be added between existing sections using a decimal system. Thus, for example, if two sections were to be added between §§ 53-4 and 53-5, they would be numbered as §§ 53-4.1 and 53-4.2. Scheme   The Scheme is the list of section titles which precedes the text of each chapter. These titles are carefully written so that, taken together, they may be considered as a summary of the content of the chapter. Taken separately, each describes the content of a particular section. For ease and precision of reference, the Scheme titles are repeated as section headings in the text. Histories   At the end of the Scheme in each chapter is located the legislative history for that chapter. This History indicates the specific legislative source from which the chapter was derived, including the enactment number (e.g., ordinance number, local law number, bylaw number, resolution number, etc.), if pertinent, and the date of adoption. In the case of chapters containing parts or articles derived from more than one item of legislation, the source of each part or article is indicated in the text, under its title. Amendments to individual sections or subsections are indicated by histories where appropriate in the text. Codification Amendments and Revisions   New chapters adopted during the process of codification are specifically enumerated in chapter Histories with reference to "Ch. 1, General Provisions," where the legislation adopting this Code and making such revisions will appear after final enactment. Sections amended or revised are indicated in the text by means of Editor's Notes referring to the chapter cited above. General References; Editor's Notes   In each chapter containing material related to other chapters in the Code, a table of General References is included to direct the reader's attention to such related chapters. Editor's Notes are used in the text to provide supplementary information and cross-references to related provisions in other chapters. Appendix   Certain forms of local legislation are not of a nature suitable for inclusion in the main body of the Code but are of such significance that their application is community-wide or their provisions are germane to the conduct of municipal government. The Appendix of this Code is reserved for such legislation and for any other material that the community may wish to include. Disposition List   The Disposition List is a chronological listing of legislation adopted since the publication of the Code, indicating its inclusion in the Code or the reason for its exclusion. The Disposition List will be updated with each supplement to the Code to include the legislation reviewed with said supplement. Index   The Index is a guide to information. Since it is likely that this Code will be used by persons without formal legal training, the Index has been formulated to enable such persons to locate a particular section quickly. Each section of each chapter has been indexed. The Index will be supplemented and revised from time to time as new legislation is added to the Code. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PREFACE   Instructions for Amending the Code   All changes to the Code, whether they are amendments, deletions or complete new additions, should be adopted as amending the Code. In doing so, existing material that is not being substantively altered should not be renumbered.   Adding new sections. Where new sections are to be added to a chapter, they can be added at the end of the existing material (continuing the numbering sequence) or inserted between existing sections as decimal numbers (e.g., a new section between §§ 65-5 and 65-6 should be designated § 65-5.1).   Adding new chapters. New chapters should be added in the proper alphabetical sequence in the appropriate division or part (e.g., Part I, Administrative Legislation, or Part II, General Legislation), utilizing the reserved chapter numbers. New chapter titles should begin with the key word for the alphabetical listing (e.g., new legislation on abandoned vehicles should be titled "Vehicles, Abandoned" under "V" in the table of contents, and a new enactment on coin-operated amusement devices should be "Amusement Devices" or "Amusement Devices, Coin-Operated" under "A" in the table of contents). Where a reserved number is not available, an "A" chapter should be used (e.g., a new chapter to be included between Chapters 166 and 167 should be designated Chapter 166A).   Adding new articles. New articles may be inserted between existing articles in a chapter (e.g., adding a new district to the Zoning Regulations) by the use of "A" articles (e.g., a new article to be included between Articles XVI and XVII should be designated Article XVIA). The section numbers would be as indicated above (e.g., if the new Article XVIA contains six sections and existing Article XVI ends with § 166-30 and Article XVII begins with § 166-31, Article XVIA should contain §§ 166-30.1 through 166-30.6). NOTE: In chapters where articles appear on the Table of Contents, simply add new articles to the end of the chapter since they are not arranged by subject matter. Supplementation   Supplementation of the Code will follow the adoption of new legislation. New legislation or amendments to existing legislation will be included and repeals will be indicated as soon as possible after passage. Supplemental pages should be inserted as soon as they are received and old pages removed, in accordance with the Instruction Page which accompanies each supplement. Acknowledgment   The assistance of the town officials is gratefully acknowledged by the editor. The codification of the legislation of the Town of East Fishkill reflects an appreciation of the needs of a progressive and expanding community. As in many other municipalities, officials are faced with fundamental changes involving nearly every facet of community life. Problems increase in number and complexity and range in importance from everyday details to crucial areas of civic planning. It is the profound conviction of General Code Publishers Corp. that this Code will contribute significantly to the efficient administration of local government. As Samuel Johnson observed, "The law is the last result of human wisdom acting upon human experience for the benefit of the public." PART I ADMINISTRATIVE LEGISLATION Chapter 1, GENERAL PROVISIONS [HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.] ARTICLE I, Adoption of Code [Adopted 6-14-2001 by L.L. No. 3-2001] § 1-1. Title.   This law shall be known as "A Local Law to Provide for the Codification of the Local Laws, Ordinances, and Certain Resolutions of the Town of East Fishkill into a Municipal Code to be Designated the `Code of the Town of East Fishkill,' and Making Certain Amendments Thereto." _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 1, GENERAL PROVISIONS                 ARTICLE I, Adoption of Code [Adopted 6-14-2001 by L.L.  No. 3-2001]                     § 1-2. Legislative intent.   § 1-2. Legislative intent.   It is important that the current laws, ordinances and resolutions of the Town of East Fishkill exist in a format where town officials and the public may readily have access to them. To this end, the Town Board has researched the current status of the various enactments of the town, to assemble a current compilation, to update provisions in accordance with state law amendments and other changes in applicable law; to add certain provisions where needed; and to eliminate unneeded or duplicative regulations. The Board has also undertaken an analysis under SEQR of the environmental impacts of the codification process. The proposed codification has been compiled by General Code Publishers and presented for adoption. Accordingly, it is the purpose of this local law to enact the codification of all of the current laws, ordinances and resolutions of the Town of East Fishkill; to enact appropriate additions and amendments thereto; and to repeal unneeded laws and regulations. § 1-3. Adoption of Code; correction of references.   In accordance with § 20(3) of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of East Fishkill, as amended by this local law, shall hereafter be known collectively as the "Code of the Town of East Fishkill" (hereafter referred to as "the Code.") The proposed Code has been prepared by General Code Publishers Corp., dated 2001, is now on file in the Town Clerk's office and consists of Chapters 1 through 194, together with an Appendix. Wherever the Code refers to any local law, ordinance or resolution appearing in said Code, such reference shall be deemed changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such local law, ordinance or resolution had been formally amended to so read. § 1-4. Copy of Code on file.   A certified copy of the Code as adopted shall be filed in the office of the Town Clerk, and shall remain on file in the office of the Town Clerk. § 1-5. Changes in previously adopted legislation; new provisions.   The following amendments and modifications are hereby made in the several laws, ordinances and resolutions now being codified, to become effective upon the same effective date as the codification. Chapter and section number references are to the local laws, ordinances and resolutions as they have been renumbered and appear in the Code. EN § 1-6. Minor nonsubstantive changes.   In addition to the specific amendments set forth in this local law, the process of codification may have resulted in one or more grammatical, numbering, pagination or other nonsubstantive changes in text, but no change in the meaning or intent of such text is intended. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the affected local laws, ordinances and resolutions had been previously formally amended to read as such. § 1-7. Continuation of existing provisions.   The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the original or amended local law, ordinance or resolution, which is being continued in the Code. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as they appear in said Code. § 1-8. Repeal of enactments not included in Code; exceptions.   All local laws and ordinances of a general and permanent nature of the Town of East Fishkill in force on the date of the adoption of this local law and not contained in the Code adopted by this local law, or otherwise recognized and continued in force by reference in this local law, are hereby repealed as of the effective date of this local law, with the exception of the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal: A.Any right or liability established, accrued or incurred under any legislative provision of the Town of East Fishkill prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 1, GENERAL PROVISIONS                 ARTICLE I, Adoption of Code [Adopted 6-14-2001 by L.L.  No. 3-2001]                     § 1-8. Repeal of enactments not included in Code;  exceptions.   B.Any offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Town of East Fishkill or any penalty, punishment or forfeiture which may result therefrom. C.Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this local law brought pursuant to any legislative provision of the Town of East Fishkill. D.Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of East Fishkill. E.Any local law or ordinance of the Town of East Fishkill providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Town of East Fishkill or any portion thereof. F.Any local law or ordinance of the Town of East Fishkill appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Town of East Fishkill or other instruments or evidence of the town's indebtedness. G.Local laws or ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation. H.The levy or imposition of special assessments or charges. I.The annexation or dedication of property. J.Any local law or ordinance relating to salaries and compensation. K.Any local law or ordinance amending the Zoning Map. L.Any local law or ordinance relating to or establishing a pension plan or pension fund for town employees. M.Any local law or ordinance or portion of a local law or ordinance establishing a specific fee amount for any license, permit or service obtained from the town. N.Any local law adopted subsequent to 9-26-2000. O.Local laws regarding Economic Development Zones. P.Legislation regarding highway specifications for the town. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 1, GENERAL PROVISIONS                 ARTICLE I, Adoption of Code [Adopted 6-14-2001 by L.L.  No. 3-2001]                     § 1-9. Sale of Code book; supplementation.   § 1-9. Sale of Code book; supplementation.   The Town Clerk may make available copies of the Code, or any chapter or portion of it, to the public for sale upon the payment of a fee to be set periodically by resolution of the Town Board. The Town Board may also arrange for procedures for the periodic supplementation of the Code. § 1-10. Future amendments to Code.   The local laws, ordinances and resolutions know collectively as the "Code of the Town of East Fishkill" may be amended, deleted or changed from time to time as the Town Board deems desirable. Any and all additions, deletions, amendments or supplements, or any new local laws, ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the Town Board to be a part of the Code, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they may thereafter be printed and inserted in the loose-leaf book containing said Code as amendments and supplements thereto. § 1-11. Incorporation of provisions of this local law into Code.   The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Town of East Fishkill, such local law to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-1 to 1-13, inclusive. The specific amendments contained in § 1-5 shall be included, in their appropriate place, in the text of the Code, but shall not be repeated in Article I of Chapter 1 of the Code. § 1-12. When effective.   This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. § 1-13. Severability.   If any clause, sentence, paragraph, section, article, chapter or part of this local law or of any local law, ordinance or resolution included in this Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered.   Chapter 8, CONSERVATION ADVISORY COUNCIL [HISTORY: Adopted by the Town Board of the Town of East Fishkill 8-8-1974 as Ch. 5 of the 1974 Code. Amendments noted where applicable.] § 8-1. Statutory authority; legislative intent.   Inasmuch as Article 12-F, § 239-x, of the General Municipal Law of the State of New York provides for the creation of a local conservation agency by any city, town or village, with said agency being considered as advisory in its relation to the local legislative body, the Town Board hereby recognizes and supports the need for such an agency in order to ensure the wise use of the town's natural resources and the enhancement and protection of its environment. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 8, CONSERVATION ADVISORY COUNCIL                     § 8-2. Establishment; members.   § 8-2. Establishment; members.   On the basis of powers granted to it in Article 12-F, § 239-x, of the General Municipal Law of the State of New York, the town hereby decrees the establishment of the Town Conservation Advisory Council. The Council shall consist of not less than five members nor more than nine members, each to serve a term of two years and who shall be appointed without compensation. § 8-3. Responsibilities.   Within its advisory capacity, said agency shall have the responsibility to: A.Advise the Town Board on matters affecting the preservation, quality and use of the natural resources and environment of the Town of East Fishkill. B.Develop and conduct, with the Town Board's approval, a program of public information designed to foster in the community an understanding of environmental problems and issues and support for their resolutions. C.Conduct studies, surveys and inventories of the natural and man-made features within the Town of East Fishkill and such other studies as may be necessary to ensure the wise use of natural resources and to enhance and protect the environment. D.Maintain an up-to-date inventory or index of all open land and wetland areas in public or private ownership within the town so as to provide a base of information for recommendations as to their preservation and/or use. E.Seek to coordinate and maintain liaison with public agencies and private groups whose programs and activities have an impact on the quality of the environment or who can provide needed assistance. F.Work in close cooperation wherever possible with the Town Planning Board and Town Recreation Commission. G.Carry out such other duties as may be assigned from time to time by the Town Board. H.Maintain accurate records of meetings and activities and submit an annual report of such activities to the Town Board by the 31st of December of each year.   Chapter 15, ETHICS, CODE OF [HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 15, ETHICS, CODE OF                 ARTICLE I, Code of Ethics [Adopted 8-8-1974 as Ch. 8,  Art. I, of the 1974 Code]   ARTICLE I, Code of Ethics [Adopted 8-8-1974 as Ch. 8, Art. I, of the 1974 Code] § 15-1. Statutory authority; purpose.   Pursuant to the provisions of § 806 of the General Municipal Law, the Town Board of the Town of East Fishkill recognizes that there are rules of ethical conduct for public officers and employees which must be observed if a high degree of moral conduct is to be obtained and if public confidence is to be maintained in our unit of local government. It is the purpose of this article to promulgate these rules of ethical conduct for the officers and employees of the Town of East Fishkill. These rules shall serve as a guide for official conduct of the officers and employees of the Town of East Fishkill. The rules of ethical conduct of this article, as adopted, shall not conflict with, but shall be in addition to, any prohibition of Article 18 of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees. § 15-2. Definitions. EN   As used in this article, the following terms shall have the meanings indicated: INTEREST -- A direct or indirect pecuniary or material benefit accruing to a municipal officer or employee as the result of a contract with the municipality which such officer or employee serves. For the purposes of this chapter, a municipal officer or employee shall be deemed to have an "interest" in the contract of: A.His spouse, minor children and dependents, except a contract of employment with the municipality which such officer or employee serves. B.A firm, partnership or association of which such officer or employee is a member or employee. C.A corporation of which such officer or employee is an officer, director or employee. D.A corporation, any stock of which is owned or controlled directly or indirectly by such officer or employee. TOWN OFFICER OR EMPLOYEE -- An officer or employee of the Town of East Fishkill, whether paid or unpaid, including members of any administrative board, commission or other agency thereof. No person shall be deemed to be a municipal officer or employee solely by reason of being a volunteer fireman or civil defense volunteer, except a fire chief or assistant fire chief. § 15-3. Standards of conduct.   Every officer or employee of the Town of East Fishkill shall be subject to and abide by the following standards of conduct: A.Gifts. He shall not, directly or indirectly, solicit any gift, or accept or receive any gift having a value of $75 or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him, or could reasonably be expected to influence him, in the performance of his official duties, or was intended as a reward for any official action on his part.EN B.Confidential information. He shall not disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interest. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 15, ETHICS, CODE OF                 ARTICLE I, Code of Ethics [Adopted 8-8-1974 as Ch. 8,  Art. I, of the 1974 Code]                     § 15-3. Standards of conduct.   C.Representation before one's own agency. He shall not receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any municipal agency of which he is an officer, member or employee or any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee. D.Representation before any agency for a contingent fee. He shall not receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any agency of this municipality, whereby his compensation is to be dependent or contingent upon any action by such agency with respect to such matter, provided that this subsection shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered. E.Disclosure of interest in legislation. To the extent that he knows thereof, a member of the Town Board and any officer or employee of the Town of East Fishkill, whether paid or unpaid, who participates in the discussion or gives official opinion to the Town Board on any legislation before the Town Board shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he has in such legislation. F.Investments in conflict with official duties. He shall not invest or hold any investment, directly or indirectly, in any financial, business, commercial or other private transaction which creates a conflict with his official duties. G.Private employment. He shall not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of his official duties. H.Future employment. He shall not, after the termination of service or employment with such municipality, appear before any board or agency of the Town of East Fishkill in relation to any case, proceeding or application in which he personally participated during the period of his service or employment or which was under his active consideration. § 15-4. Effect of code on certain rights.   Nothing herein shall be deemed to bar or prevent the timely filing by a present or former municipal officer or employee of any claim, account, demand or suit against the Town of East Fishkill or any agency thereof, on behalf of himself or any member of his family, arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law. § 15-5. Distribution of code. EN   The Town Board of the Town of East Fishkill shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the town within 10 days after the effective date of this article. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his office or employment. Failure of the Town Board to distribute any copy of the Code of Ethics or failure of any officer or employee to receive such copy shall have no effect on the duty of compliance with such code nor the enforcement of the provisions thereof. § 15-6. Penalties for offenses.   In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of this code may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law. ARTICLE II, Board of Ethics [Adopted 8-9-1984 by L.L. No. 5-1984] § 15-7. Board established; membership.   There is hereby established a Board of Ethics consisting of five members to be appointed by the Town Board, who shall serve without compensation and at the pleasure of the Town Board. A majority of such members shall be persons other than officers or employees of the Town of East Fishkill and at least one member shall be an elected or appointed officer or employee of the Town of East Fishkill. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 15, ETHICS, CODE OF                 ARTICLE II, Board of Ethics [Adopted 8-9-1984 by L.L. No.  5-1984]                     § 15-8. Powers and duties; function.   § 15-8. Powers and duties; function.   The Board of Ethics shall have the powers and duties prescribed by Article 18 of the General Municipal Law and shall render advisory opinions to the officers and employees of the Town of East Fishkill with respect to Article 18 of the General Municipal Law and the Code of Ethics adopted pursuant to such article. Such advisory opinion shall be rendered pursuant to the written request of any such officer or employee, under such rules and regulations as the Board may prescribe and shall have the advice of the Attorney to the Town. In addition, the Board may make recommendations with respect to the amendment of the Code of Ethics upon request of the Town Board.   Chapter 22, LOCAL LAWS, ADOPTION OF [HISTORY: Adopted by the Town Board of the Town of East Fishkill 8-8-1974 as Ch. 12 of the 1974 Code. Amendments noted where applicable.] § 22-1. Public hearing; notice.   No local law shall be adopted by the Town Board of the Town of East Fishkill until a public hearing has been held thereon in its final form before such Town Board not less than three nor more than 30 days after public notice has been given of the time and place of the holding of such public hearing. Such notice shall be given by the Town Clerk by causing the same to be published once in the official newspaper of the town. Such notice shall contain the title of the proposed local law and a brief explanatory statement thereof. § 22-2. Publication and posting of proposed local law; copies.   The Town Clerk shall cause to be printed or otherwise reproduced copies of such proposed local law and shall, not later than the day such notice is published, post one such copy, together with the notice of hearing, on the signboard at the Clerk's office, and shall also make copies of such proposed local law available at said office for inspection by and distribution to any interested person during business hours. § 22-3. Publication of local law as adopted.   The Town Clerk shall forthwith, upon the adoption of a local law by the Town Board, post a copy thereof on the signboard at the Clerk's office, and shall, within 10 days after such adoption, cause the local law or an abstract thereof describing the same in general terms to be published in the official newspaper of the town. § 22-4. Filing of proofs of publication.   Proof of publication of the notice of public hearing and proof of the posting and publication shall be filed in the office of the Town Clerk. § 22-5. Assignment of local law number.   Each local law shall be numbered consecutively, beginning with No. 1, for each calendar year. When a local law is finally adopted and certified copies thereof, as required by § 27 of the Municipal Home Rule Law, are filed in the office of the Town Clerk, the State Comptroller and the Secretary of State, the Town Clerk shall accordingly assign to such local law its appropriate number. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 22, LOCAL LAWS, ADOPTION OF                     § 22-5. Assignment of local law number.     Chapter 33, PLANNING BOARD [HISTORY: Adopted by the Town Board of the Town of East Fishkill 8-8-1974 as Ch. 19 of the 1974 Code. Amendments noted where applicable.] GENERAL REFERENCES Subdivision of land -- See Ch. 163. Zoning -- See Ch. 194. § 33-1. Employment of experts and staff; other expenses.   The Planning Board shall have the power and authority to employ experts and a staff and to pay for their services and such other expenses as may be necessary and proper, not exceeding the appropriations that may be hereinafter made for such Board. § 33-2. Adoption of rules and regulations.   The Planning Board may adopt rules and regulations in respect to procedure before it and in respect to any subject matter over which it has jurisdiction under this chapter or any statute after public hearing by such Board and subject to the approval of this Board. § 33-3. General powers and duties. [Amended 6-24-1993 by L.L. No. 2-1993 EN] A.The Planning Board shall exercise all powers conferred upon it by the provisions of the Town Law and Highway Law and shall pass upon all matters which may be referred to it from time to time by resolution of the Town Board.EN B.Training requirements. (1)Within the first two years after initial appointment, a Planning Board member shall attend a training program at an appropriate level relating to the duties of Planning Board members, approved in the manner herein provided. (2)All other Planning Board members shall attend training programs at an appropriate level during their term of office, approved in the manner herein provided. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 33, PLANNING BOARD                     § 33-3. General powers and duties. [Amended 6-24- 1993 by L.L. No. 2-1993   (3)After discussion and consultation with the Planning Board Chair, the Town Board shall establish, by resolution, a list of approved programs and the required minimum hours of attendance, to satisfy the requirements of Subsection B(1) and (2). The Town Board may, from time to time, modify and amend the list of approved programs by resolution, after discussion and consultation with the Planning Board Chair. (4)The Town Board shall chose programs which relate to the duties of Planning Board members. These may include courses, workshops or training programs sponsored by groups such as the New York State Association of Towns, the New York State Department of State or certified training providers, the New York State Department of Environmental Conservation, the Dutchess County Planning Federation, the Westchester County Planning Federation, the New York State Planning Federation, or other appropriate entities. (5)All training provided pursuant to this section shall be at town expense. (6)By December 31 of each year, members of the Planning Board shall file with the Town Clerk proof of attendance at any training programs required by this section. (7)Noncompliance with minimum requirements relating to training shall be deemed a proper cause for removal from office. A Planning Board member who fails to attend the programs as provided in this section and specified pursuant to the resolutions promulgated thereunder, shall be subject to removal following the procedures set forth in Town Law § 271. § 33-4. Filing of certificate of authority to approve plats.   The Town Clerk of the Town of East Fishkill shall file with the Clerk of the County of Dutchess a certificate certifying that the Planning Board of the Town of East Fishkill has been authorized to approve plats showing new streets or highways in accordance with the provisions of § 276, as amended, of the Town Law. § 33-5. Term of office. [Added 12-10-1992 by L.L. No. 8-1992; amended 6-24-1993 by L.L. No. 3-1993]   The Town Board shall appoint each of the seven members of the Planning Board for a term of four years. All appointments made after the effective date of this section shall be for a four-year term, except as follows: A.Planning Board members in office on the effective date of this section shall continue to hold office until the expiration of their current term, unless removed for cause after public hearing as provided by law. B.If a vacancy shall occur otherwise than by expiration of term, the Town Board shall fill such vacancy by an appointment for the unexpired term remaining. If such a vacancy occurs during the term of a person holding office on the effective date of this section, such remaining term may be longer than four years.   Chapter 40, RECORDS [HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.] ARTICLE I, Public Access [Adopted 7-10-1975 by L.L. No. 5-1975] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 40, RECORDS                 ARTICLE I, Public Access [Adopted 7-10-1975 by L.L. No.  5-1975]                     § 40-1. Purpose and scope.   § 40-1. Purpose and scope. A.The people's right to know the process of government decisionmaking and the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality. B.These regulations provide information concerning the procedures by which records may be obtained. C.Personnel shall furnish to the public the information and records required by the Freedom of Information Law and those which were furnished to the public prior to its enactment. EN § 40-2. Designation of records access officers; responsibilities. A.ENThe Supervisor of the Town of East Fishkill is responsible for ensuring compliance with the regulations herein and designates the following persons as records access officers in their respective areas of responsibility: (1)Town Clerk. (2)Receiver of Taxes. (3)Secretary to the Supervisor. (4)Secretary to the Highway Superintendent. (5)Secretary to the Planning Board. (6)Secretary to the Zoning Board of Appeals. (7)Clerk to the Justices. (8)Clerk to the Assessor. (9)Clerk to the Building and Zoning Administrator. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 40, RECORDS                 ARTICLE I, Public Access [Adopted 7-10-1975 by L.L. No.  5-1975]                     § 40-2. Designation of records access officers;  responsibilities.   (10)Clerk to the Police. (11)Financial Manager. (12)Chairman of Recreation Commission. (13)Chairman of Environmental Conservation Commission. (14)Dog Control Officer. B.Records access officers are responsible for ensuring appropriate agency response to public requests for access to records. However, the public shall not be denied access to records through officials who have in the past been authorized to make records of information available. Record access officers shall assure that personnel: (1)Maintain an up-to-date subject matter list. (2)Assist the requester in identifying requested records, if necessary. (3)Upon locating the records, take one of the following actions in accordance with § 40-6B: (a)Make records promptly available for inspection; or (b)Deny access to the records in whole or in part and explain in writing the reasons therefor. (4)Upon request for copies of records: (a)Make a copy available upon payment or offer to pay established fees, if any, in accordance with § 40-8; or (b)Permit the requester to copy those records. (5)Upon request, certify that a transcript is a true copy of records copied. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 40, RECORDS                 ARTICLE I, Public Access [Adopted 7-10-1975 by L.L. No.  5-1975]                     § 40-2. Designation of records access officers;  responsibilities.   (6)Upon failure to locate records, certify that: (a)The Town of East Fishkill is not the legal custodian for such records; or (b)The records of which the Town of East Fishkill is a legal custodian, after diligent search, cannot be found. § 40-3. Designation of fiscal officer; responsibilities. A.The Supervisor is designated the fiscal officer, who shall certify the payroll and respond to requests, in accordance with § 40-6B, for an itemized record setting forth the name, address, title and salary of every officer or employee of the agency. B.The fiscal officer shall make the payroll items listed above available to any person, including bona fide members of the news media, as required under the Freedom of Information Law. EN § 40-4. Location.   Records shall be available for public inspection and copying at the Town of East Fishkill Office Building, Route 376, Hopewell Junction, New York. § 40-5. Hours for public inspection.   Requests for public access to records shall be accepted and records produced during all hours regularly open for business. These hours are 9:00 a.m. to 4:00 p.m. § 40-6. Request procedure. A.Where a request for records is required, such request may be oral or in writing. However, written requests shall not be required for records that have been customarily available without written request. B.Time periods for response. (1)Except under extraordinary circumstances, officials shall respond to a request for records no more than five business days after receipt of the request, whether the request is oral or in writing. (2)If, because of extraordinary circumstances, more than five business days are required to respond to a request, receipt of the request shall be acknowledged within five business days after the request is received. The acknowledgment shall state the reason for delay and estimate the date when a reply will be made. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 40, RECORDS                 ARTICLE I, Public Access [Adopted 7-10-1975 by L.L. No.  5-1975]                     § 40-6. Request procedure.   C.A request for access to records should be sufficiently detailed to identify the records. Where possible, the requester should supply information regarding dates, titles, file designations or other information which may help identify the records. However, a request for any or all records falling within a specific category conforms to the standard that records be identifiable. D.Subject lists. (1)A current list, by subject matter, of all records produced, filed or first kept or promulgated after September 1, 1974, shall be available for public inspection and copying. The list shall be sufficiently detailed to permit the requester to identify the file category sought. (2)The subject matter list shall be updated periodically, and the date of the most recent updating shall appear on the first page. The updating of the subject matter list shall not be less than semiannual. E.No records may be removed by the requester from the office where the record is located without the permission of the Supervisor. § 40-7. Denial of access to records; appeals procedure. A.Denial of access to records shall be in writing stating the reason therefor and advising the requester of the right to appeal to the individual or body established to hear appeals. B.If requested records are not provided promptly, as required in § 40-6B of these regulations, such failure shall also be deemed a denial of access. C.The Town Board shall hear appeals for denial of access to records under the Freedom of Information Law. D.The time for deciding an appeal by the individual or body designated to hear appeals shall commence upon receipt of written appeal identifying: (1)The date of the appeal. (2)The date and location of the requests for records. (3)The records to which the requester was denied access. (4)Whether the denial of access was in writing or was by failure to provide records promptly as required by § 40-6B. (5)The name and return address of the requester. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 40, RECORDS                 ARTICLE I, Public Access [Adopted 7-10-1975 by L.L. No.  5-1975]                     § 40-7. Denial of access to records;  appeals procedure.   E.The individual or body designated to hear appeals shall inform the requester of its decision in writing within seven business days of receipt of an appeal. F.A final denial of access to a requested record, as provided for in Subsection E of this section, shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules. § 40-8. Fees. A.There shall be no fee charged for: (1)Inspection of records. (2)Search for records. (3)Any certification pursuant to this part. B.The fee for photocopies, not exceeding 81/2 x 14 inches, is $0.25 per page. § 40-9. Public notice.   A notice containing the job title or name and business address of the records access officers and fiscal officer; the name, job title, business address and telephone number of the appeal person or persons or body; and the location where records can be seen or copied, shall be posted in a conspicuous location wherever records are kept and/or published in a local newspaper of general circulation. ARTICLE II, Retention and Disposition [Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)] § 40-10. Standards adopted.   The Records Retention and Disposition Schedule MU-1, issued pursuant to Article 57-A of the Arts and Cultural Affairs Law and containing legal minimum retention periods for municipal government records, is hereby adopted for use by all municipal officers in disposing of municipal government records listed therein. § 40-11. Disposition.   In accordance with Article 57-A: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART I ADMINISTRATIVE LEGISLATION         Chapter 40, RECORDS                 ARTICLE II,  Retention and Disposition [Adopted at time of adoption of Code (see Ch.  1, General Provisions, Art. I)]                     § 40-11. Disposition.   A.Only those records will be disposed of that are described in Records Retention and Disposition Schedule MU-1 after they have met the minimum retention period prescribed therein. B.Only those records will be disposed of that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond established time periods. PART II GENERAL LEGISLATION Chapter 58, ALCOHOLIC BEVERAGES [HISTORY: Adopted by the Town Board of the Town of East Fishkill 9-26-1985 by L.L. No. 9-1985. Amendments noted where applicable.] § 58-1. Title.   This chapter shall be entitled "A local law regulating the carrying and consumption of alcoholic beverages in public places." § 58-2. Legislative intent.   The Town of East Fishkill recognizes that the possession and carrying of open containers of alcoholic beverages in public places and the consumption of alcoholic beverages in public places must be adequately controlled so as to prevent public disorder, nuisances, littering and other acts and conditions detrimental to the health, safety and welfare of the residents of the Town of East Fishkill, and this chapter is intended to provide such control and regulations. § 58-3. Definitions.   As used herein, the following words shall have the meanings set forth below: ALCOHOLIC BEVERAGE -- Includes all such beverages as defined in § 3 of the Alcoholic Beverage Control Law of the State of New York. CONTAINER -- Any bottle, can, glass, cup or similar receptacle suitable for or used to hold any liquid. INTENT TO CONSUME -- Drinking from the container, with alcohol on the breath of the possessor and/or any circumstances evidencing an intent to ultimately consume on any public lands. EN OPEN CONTAINER -- A container, as defined herein, with the contents exposed to the atmosphere or the seal thereof broken.EN _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 58, ALCOHOLIC BEVERAGES                     § 58-3. Definitions.   PUBLIC PLACE -- Any highway, street, sidewalk, park, playground, parking lot, place of amusement, shopping center, mall, or any other public place to which the public or a substantial group of persons has access. "Public Place" shall not include any place or premises wherein the use and consumption of alcoholic beverages is specifically authorized pursuant to a license or permit issued under the Alcoholic Beverage Control Law of the State of New York, or by the Public Service Commission or Interstate Commerce Commission. TOWN -- The Town of East Fishkill, New York, as its boundaries now are, or may hereinafter become, fixed and determined. § 58-4. Prohibition. A.No person shall drink, consume or ingest any alcoholic beverage in any public place within the Town of East Fishkill. B.No person shall carry, hold or possess, or otherwise have in his or her possession, with intent to consume the same, any open, unsealed, resealed or partially full bottle, can or container containing any alcoholic beverage in a public place within the Town of East Fishkill. EN § 58-5. Exception.   The foregoing prohibition shall not apply to persons actually attending a community gathering, function or event for which a permit has been issued by the Town of East Fishkill.EN § 58-6. Penalties for offenses.   Any person committing an offense against any of the provisions of this chapter shall be guilty of a violation under the Penal Law, and, upon conviction thereof, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.   Chapter 63, ANIMALS [HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.] ARTICLE I, Dogs [Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)] § 63-1. Purpose.   The Town Board of the Town of East Fishkill finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs have caused physical harm to persons, damage to property and have created nuisances within the town. The purpose of this article is to protect the health, safety and well-being of persons and property by imposing restrictions on the keeping and running at large of dogs within the town. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 63, ANIMALS                 ARTICLE I,  Dogs [Adopted at time of adoption of Code (see Ch. 1,  General Provisions, Art. I)]                     § 63-2. Statutory authority.   § 63-2. Statutory authority.   This article is enacted pursuant to the provisions of § 124 of the Agriculture and Markets Law of the State of New York. § 63-3. Title.   The title of this article shall be "Dog Control Law of the Town of East Fishkill." § 63-4. Definitions.   As used in this article, the following terms shall have the meanings indicated: ADEQUATE -- Sufficient for age, size and number of dogs on the premises. AGRICULTURE AND MARKETS LAW -- The Agriculture and Markets Law of the State of New York in effect as of the effective date of this article, as amended by this article and as amended thereafter. CONFINED -- That such animal is securely confined or restrained or kept on the owner's premises, either within a building, kennel or other suitable enclosure or is securely fastened on a chain, wire or other effective tether of such length and so arranged that the animal cannot reach or endanger any person on any adjacent premises or on any public street, way or place, or, if the animal is being transported by the owner, that it is securely confined in a crate or other container or so restrained in a vehicle that it cannot be expected to escape therefrom. DOG -- Male and female, licensed and unlicensed, member of the species canis familiaris. DOG CONTROL OFFICER -- Any person authorized from time to time to enforce the provisions of this article or the provisions of the Agriculture and Markets Law of the State of New York. DOMESTIC ANIMAL -- Any domesticated sheep, horse, cattle, goat, swine, fowl, duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird which is raised in confinement under license from the state Department of Environmental Conservation before release from captivity, except that the varieties of fowl commonly used for cock fights shall not be considered domestic animals for the purposes of this article. GUIDE DOG -- Any dog that is trained to aid a person who is blind and is actually used for such purpose, or any dog owned by a recognized guide dog training center located within the town during the period such dog is being trained or bred for such purpose. HEARING DOG -- Any dog that is trained to aid a person with a hearing impairment and is actually used for such purpose, or any dog owned by a recognized training center located within the town during the period such dog is being trained or bred for such purpose. OWNER -- The party purchasing the license unless the dog is or has been lost, and such loss reported to the Dog Control Officer and reasonable search has been made. If an animal is not licensed, the term "owner" shall designate and cover any person or persons, firm, association or corporation who or which at any time owns or has custody or control of, harbors or is otherwise responsible for any animal which is kept, brought or comes within the town. Any person owning or harboring a dog for a period of one week prior to the filing of any complaint charging a violation of this article shall be deemed to be an owner of such dog. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 63, ANIMALS                 ARTICLE I,  Dogs [Adopted at time of adoption of Code (see Ch. 1,  General Provisions, Art. I)]                     § 63-4. Definitions.   PERSON -- Any individual, corporation, partnership, association or other organized group of persons, municipality or other legal entity. PERSON WITH A DISABILITY -- Any person with a physical impairment which is permanent and severely limits such person's mobility or a person who is unable to ambulate without the aid of a wheelchair or other prosthetic device. POLICE WORK DOG -- Any dog owned or harbored by any state or municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes. RUN AT LARGE -- To be an unleashed dog off of the premises of the owner. SERVICE DOG -- Any dog that is trained to aid a person with a disability and is actually used for such purpose, or any dog owned by a recognized training center located within the town during the period such dog is being trained or bred for such purpose. TOWN -- The area within the corporate limits of the Town of East Fishkill. § 63-5. License required; fees. A.[Amended 6-14-2001 by L.L. No. 3-2001] Pursuant to §§ 107, 108, 109 and 110 of Article 7 of the Agriculture and Markets Law, no person shall own or harbor a dog unless such dog is licensed. Such license shall be renewed annually at fees as set forth below: (1)Two dollars and fifty cents statutory fee, plus $5.50 local fee for each spayed or neutered dog. (2)Ten dollars and fifty cents statutory fee, plus $5.50 local fee for each unspayed or unneutered dog over the age of six months. The fee for unspayed or unneutered dogs less than six months old shall be $7.50 statutory fee, plus $5.50 local fee. (3)There shall be no fee for any license issued for a guide dog, hearing dog, service dog, war dog or police work dog. Each copy of any license for such dogs shall be conspicuously marked "Guide Dog," "Hearing Dog," "Service Dog," "War Dog" or "Police Dog," as may be appropriate, by the Clerk or authorized dog control officer. B.The application shall state the following: (1)Sex. (2)Actual or approximate age. (3)Breed. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 63, ANIMALS                 ARTICLE I,  Dogs [Adopted at time of adoption of Code (see Ch. 1,  General Provisions, Art. I)]                     § 63-5. License required; fees.   (4)Color. (5)Official identification marks, if any. (6)Name, address and telephone number of owner. C.The application shall be accompanied by the license fee and a certificate of rabies vaccination or statement in lieu thereof. D.In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian or an affidavit signed by the owner, showing that the dog has been spayed or neutered, provided such certificate or affidavit shall not be required if the same is already on file with the clerk or authorized Dog Control Officer. In lieu of the spay or neuter certificate an owner may present a statement certified by a licensed veterinarian stating that he has examined the dog and found that because of old age or other reason, the life of the dog would be endangered by spaying or neutering. In such case, the license fee for the dog shall be same as for a spayed or neutered dog as set forth in § 63-5. E.Upon validation by the clerk or authorized Dog Control Officer, the application shall become a license for the dog described therein. Once an application has been validated, no refund therefor shall be made. F.The clerk or authorized Dog Control Officer shall: (1)Provide a copy of the license to the owner; (2)Send, within 48 hours of validation, a copy of the license to the state; and (3)Retain a copy in the manner prescribed by the state. G.No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog. § 63-6. Tag required.   All dogs required to be licensed must wear a tag attached to a collar. No dog shall be permitted to be without a collar and a tag. All untagged dogs shall be subject to seizure and confinement by the Dog Control Officer, except for dogs which are in the field with a hunter during hunting season or for the purpose of being trained for hunting. § 63-7. Female dogs.   Any female dog in heat shall be confined within a protected enclosure on the premises of the owner or person harboring said dog. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 63, ANIMALS                 ARTICLE I,  Dogs [Adopted at time of adoption of Code (see Ch. 1,  General Provisions, Art. I)]                     § 63-8. Adequate shelter required.   § 63-8. Adequate shelter required.   All premises occupied or used by dogs shall be kept in a clean, sanitary condition. Failure to provide adequate food, water or shelter shall be a violation and a dog may be seized in accordance with § 63-12. § 63-9. Restrictions. A.It shall be unlawful for any owner of any dog in the Town of East Fishkill to permit or allow such dog to: (1)Run at large unless the dog is restrained by an adequate leash or unless it is accompanied by its owner or a responsible person able to control it by command. For the purpose of this article, a dog or dogs hunting in company of a hunter or hunters shall be considered as accompanied by its owner. (2)Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog. (3)Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or other property not belonging to the owner of such dog. (4)Chase, bite, jump upon or at or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury. (5)Habitually chase, run alongside of or bark at vehicles or bicyclists while on a public street or highway or upon public or private property other than property of the owner or other person in control of said dog. (6)Cause damage or destruction to private or public property or create a nuisance by defecating, urinating or digging on public or private property, other than property of the owner or other person in control of the dog. (7)Kill or injure any domestic animal. B.Establishment of the fact or facts that the owner of a dog has allowed or permitted such dog to commit any of the acts prohibited by Subsection A of this section shall be presumptive evidence against the owner or harborer of such dog that he has failed to properly confine, leash or control his dog. § 63-10. Rabies inoculations.   No one in the Town of East Fishkill shall harbor a dog unless the same has been inoculated against rabies, and upon the request of a Town Justice or Dog Control Officer, such person shall produce a certificate confirming the inoculation. § 63-11. Enforcement official. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 63, ANIMALS                 ARTICLE I,  Dogs [Adopted at time of adoption of Code (see Ch. 1,  General Provisions, Art. I)]                     § 63-11. Enforcement official.     This article shall be enforced by a Dog Control Officer, as defined herein. § 63-12. Seizure of dogs; redemption; disposition of unclaimed dogs. A.Any dog in violation of this article or of § 118 of the Agriculture and Markets Law may be seized by any Dog Control Officer, as defined herein, and such dog shall be impounded and disposed of in accordance with the provisions of Article 7 or other applicable provisions of the Agriculture and Markets Law. B.No person shall hinder, resist or oppose the Dog Control Officer or other person authorized to administer and enforce the provisions of this article in the performance of the person's duties pursuant to this article. C.After any such seizure, the record owner of such dog or an adult member of his family, if the owner is ascertainable from the dog's license tag, shall be notified personally or by regular mail that the dog has been seized and may be destroyed unless redeemed. D.A dog owner may redeem his dog from the pound upon payment in cash or certified check in the amount of $25 for the first impoundment, $50 for the second impoundment and $100 for the third impoundment thereafter, plus the cost of keeping, feeding and caring for the dog while impounded. E.No action shall be maintained against the Town of East Fishkill, any duly designed Dog Control Officer or any other agent or officer of the town to recover the possession or value of any dog or for damages for injury or compensation for the destruction of any dog seized or destroyed pursuant to the provisions of this article. § 63-13. Complaints. A.The Dog Control Officer or a peace officer observing a violation of this article in his presence shall issue and serve an appearance ticket for such violation. The appearance ticket shall be in the form prescribed by the Town Board by resolution in accordance with the provisions of § 124 of the Agriculture and Markets Law and this article. An answer to such appearance ticket shall be made within five days of the violation, by registered or certified mail, return receipt requested, in lieu of a personal appearance on the return date at the time and court specified in the appearance ticket, in accordance with the provisions of § 124 of the Agriculture and Markets Law and this article. B.Any person who observes a dog in violation of this article may file a complaint under oath with a Town Justice specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner of the dog. Upon receipt by the Town Justice of any such complaint, he shall summon the alleged owner to appear in person before him for a hearing, at which both the complainant and owner shall have an opportunity to be represented by counsel and to present evidence. If, after such hearing, the Town Justice decides that further action is warranted, he may, in addition to imposing a penalty pursuant to § 63-14: (1)Order the owner to restrain such dog by collar and leash at all times whether on or off the owner's property. (2)Order the owner to confine such dog to the premises of the owner. (3)Effect such other remedy authorized by law as may be warranted by the circumstances in such case. C.A violation of any order issued by a Town Justice under the provisions of this section shall be an offense punishable, upon conviction thereof, as provided in § 63-14. § 63-14. Penalties for offenses. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 63, ANIMALS                 ARTICLE I,  Dogs [Adopted at time of adoption of Code (see Ch. 1,  General Provisions, Art. I)]                     § 63-14. Penalties for offenses.     Upon conviction, a violation of this article shall be deemed an offense and shall be punishable by a fine not exceeding $50 for the first offense, $100 for the second offense and $250 for each offense thereafter, or by imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment.   Chapter 68, ASSEMBLIES, MASS PUBLIC [HISTORY: Adopted by the Town Board of the Town of East Fishkill 7-10-1975 by L.L. No. 4-1975. Amendments noted where applicable.] § 68-1. Purpose.   The Town Board, in order to promote proper government and ensure the proper protection, order, conduct, safety, health, welfare and well-being of persons and property within the Town of East Fishkill, finds that it is in the public interest to enact this chapter pursuant to the provisions of § 130, Subdivisions 11, 15 and 19, of the Town Law of the State of New York. This chapter shall regulate the assembly of persons where such assembly exceeds 5,000 persons at any place within the Town of East Fishkill, Dutchess County, New York, except where such assembly is organized by and under the direct control of a volunteer fire company within the town, a fraternal or civic organization having a local chapter within the town or a religious corporation having a house of worship within the town. § 68-2. Definitions. A.Word usage. Words used in the present tense include the future; the singular number includes the plural and the masculine shall include the feminine. The word "shall" is mandatory and "may" is permissive. B.Terms defined. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated: ASSEMBLY -- The gathering, collecting or congregating of persons at any place within the town, with or without the levy of an admission fee, for a common purpose, such as but not limited to sports events, circuses, carnivals, festivals, music festivals and religious observances. BUILDING -- A structure wholly or partially enclosed with exterior walls and a roof, of a permanent or temporary nature, affording shelter to persons, animals or property. PERSON -- Any individual, firm, company, association, society, corporation or group. STRUCTURE -- A combination of materials to form a construction that is safe and stable and includes, among other things, stadiums, stages, prop forms, radio towers, sheds, storage bins, tents, billboards, space signs, bleachers, ramps and seats. § 68-3. Permit to be issued by town; application; information required. A.No person shall use, allow, let or permit to be used property for the assembly of persons in excess of 5,000 persons, nor shall any person use, allow, let or permit to be used property for any part or portion of such assembly of persons which total assembly in the aggregate is in excess of 5,000 persons, unless upon written permit authorizing such use and assembly issued by the Town Board through its Clerk. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 68, ASSEMBLIES, MASS PUBLIC                     § 68-3. Permit to be issued by town; application;  information required.   B.Application for such permit shall be by verified petition on forms to be furnished by the town, addressed to the Town Board and filed with the Town Clerk at least 45 days prior to the date upon which such use and assembly shall occur. The Town Board shall act upon the application within 30 days after its submission. Such application shall include the following information: (1)A statement of the name, age and residence address of the applicant; if the applicant is a corporation, the name of the corporation, the names and addresses of its directors and officers; if the applicant does not reside within the Town of East Fishkill, the name and address of an agent who shall be a natural person and who shall reside in or have a place of business in the County of Dutchess and who shall be authorized to and shall agree by verified statement to accept notices or summonses issued with respect to the application, the conduct of the assembly or use in any manner involving it arising out of the application, or the construction or application of this chapter. (2)A statement containing the name, address and record owner of the property where the assembly and use shall occur and the nature and interest of the application therein; the proposed dates and hours of such assembly and use; the expected maximum number of persons intended to use the property at one time and collectively; the expected number of automobiles and vehicles intended to use the property at one time and collectively; and the purpose of the assembly and use, including the nature of the activity to be carried on and the admission fee to be charged, if any. (3)A map prepared by a licensed land surveyor or licensed public engineer showing the size of the property, the zoning district (if any) in which it is located; the names and record owners of the adjoining properties; the streets or highways abutting the said property; the size and location of any existing building, buildings or structures to be erected for the purpose of the assembly and use; and the method, construction and materials to be used in any new building or structure. (4)A plan or drawing to scale prepared by the licensed public engineer or licensed land surveyor showing the method and manner in which: (a)Sanitary facilities are to be provided for the disposal of human waste, garbage and other debris. (b)The method and manner in which water will be supplied, stored and distributed to those people attending. (5)A plan drawn to scale showing the layout of any parking area for motor vehicles, including the means of egress and ingress to such parking area. (6)A statement containing the type, number and location of any radio device, sound amplifier or loudspeaker or sound truck, or other similar sound equipment. (7)A statement specifying whether food or beverages are intended to be prepared, served or distributed. If food or beverages are intended to be prepared, sold or distributed, a statement specifying the method of preparation and distribution of such food or beverage and the method of disposing of garbage, trash, rubbish or any other refuse arising therefrom. If food or beverages are to be prepared, sold and distributed, a plan or drawing to scale must be attached to the application showing the buildings or other structures from which the food or beverages shall be prepared, sold or distributed. (8)A statement specifying whether any private security guards or police will be engaged, and if so, the numbers and duties to be performed by such persons, including the hours to be worked and areas of responsibility. (9)A statement specifying the precautions to be utilized for fire protection, including a plan or drawing to scale, specifying the location of fire lanes and water supply for fire control. (10)A statement specifying whether any outdoor lights or signs are to be utilized, and if so, a map showing the number, location, size, type and illuminating power of such lights and signs. (11)A statement specifying the facilities to be available for emergency treatment of any person who may require medical or nursing attention. (12)A statement specifying whether any camping or housing facilities are to be available and, if so, a plan drawn to scale showing the intended number and the location of same. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 68, ASSEMBLIES, MASS PUBLIC                     § 68-3. Permit to be issued by town; application;  information required.   (13)A statement specifying the contemplated duration of assembly and use. (14)If the assembly and use are to continue from one day into another, a statement specifying the camping or housing facilities available or to be made available on the premises. C.No permit shall be issued unless it is clearly shown that all of the following are provided for and approved in writing by the Dutchess County Health Department and the Town Board of the Town of East Fishkill: (1)Drinking water adequate in quantity and quality as provided in Chapter 1, Part 7, of the State Sanitary Code. (2)Toilet facilities adequate for the capacity of the assembly or use as provided in Chapter 1, Part 7, of the State Sanitary Code. (3)Adequate facilities for the satisfactory disposal or treatment and disposal of sewage shall be maintained. Such facilities shall meet with the standards and requirements of the New York State Department of Health and the Dutchess County Health Department. (4)Adequate facilities and arrangements for safe, clean disposal of solid waste, garbage and trash. (5)Adequate supply of food, including provisions for sanitary storage, handling and protection of food and beverages until served or used. A showing must be made that where food is to be prepared or consumed there are facilities for washing, disinfecting and storing dishes and food utensils. (6)Adequate off-street and off-road facilities for the contemplated number of people attending the assembly or use. Parking space shall be provided for at least one car for every four persons in attendance. (7)Adequate camping and housing facilities for the contemplated number of people in attendance, if it is contemplated that the assembly or use shall extend from one day to another. (8)An adequate number of access roads to and from the site of the assembly or use. (9)Adequate medical facilities as provided by Part 18 of the New York State Sanitary Code. (10)Adequate fire protection arrangements for buildings. D.No permit shall be issued unless the owner and his tenant or lessee, if any, shall furnish the town with written authorization to permit the town or its lawful agents to go upon the property at any time for the purpose of inspecting the same, the facilities provided thereon and the cleaning of the premises after the termination of the assembly. E.No permit shall be issued unless the applicant shall furnish the town with a comprehensive liability insurance policy insuring the town against liability for damage to person or property with limits of not less than $500,000/$1,000,000 for bodily injury or death, and limits of not less than $500,000 for property damage, sufficient to save the town harmless from any liability or cause of action which might arise by reason of the granting of the permit, and not cancellable without 10 days, prior written notice to the town. The applicant shall further provide a security deposit with the town in an amount to be set by the Town Board based upon the proposed anticipated attendance to ensure the removal of trash and other waste material as hereinafter provided, which deposit shall be returned to the applicant within 10 days from the date of termination of the assembly after deduction therefrom of all expenses caused by the applicant's noncompliance to remove said trash and other waste material. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 68, ASSEMBLIES, MASS PUBLIC                     § 68-3. Permit to be issued by town; application;  information required.   F.Within three days from the date of the termination of the assembly, trash, paper, garbage and other waste material shall be completely removed from the premises in a safe, clean and sanitary manner. G.Any permit issued may be revoked by the Town Board through its Clerk if at any time it should be determined that the applicant has failed to provide the facilities as specified in the application, or that the setting up of the facilities provided for in the application cannot be reasonably accomplished within the time or date set for the assembly or use. § 68-4. Fees. EN   Each application shall be accompanied by a fee in an amount as set from time to time by the Town Board at the time of its submission. The fee shall compensate the town for its examination and processing of such application and shall not be refundable in whole or in part. § 68-5. Enforcement; penalties for offenses. A.Any person who shall use, allow, let or permit to be used property for the assembly of persons in excess of 5,000, or shall use, allow, let or permit to be used property for any part or portion of such assembly which total assembly in the aggregate is in excess of 5,000 persons, or any person who shall cause the gathering, collecting or congregating of persons in excess of 5,000 at any place within the town without first obtaining a written permit in accordance with the provisions of this chapter shall be deemed to have violated this chapter and shall be liable for the penalties herein provided. Any person who commits or permits any act in violation of any provision of this chapter shall be deemed to have violated this chapter and shall be liable for the penalties herein provided. B.For each violation of the provisions of this chapter, the person violating the same shall be subject to a fine of not more than $250 or imprisonment not to exceed 15 days, or to both such fine and imprisonment. C.In addition to the above-provided penalties, the Town Board may maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.   Chapter 75, BINGO [HISTORY: Adopted by the Town Board of the Town of East Fishkill 2-27-1958, approved by electors 3-31-1958; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.] GENERAL REFERENCES Games of chance -- See Ch. 112. § 75-1. Conduct authorized.   It shall be lawful for any authorized organization, as defined in § 476 of the General Municipal Law, upon obtaining the required license, to conduct the game of bingo within the territorial limits of the Town of East Fishkill, subject to the provisions of this chapter, Article 14-H of the General Municipal Law and Article 19-B of the Executive Law. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 75, BINGO                     § 75-2. Sunday games.   § 75-2. Sunday games.   Any game of bingo conducted within the town pursuant to a license issued in accordance with this chapter and the applicable statutes may be operated by authorized organizations on the first day of the week, commonly known as "Sunday," subject to the following: A.No licensee shall be permitted to conduct bingo games on more than one Sunday in any calendar month. B.Any permitted operations on Sundays shall be only between the hours of 12:00 noon and 10:00 p.m. C.Notwithstanding the foregoing, no bingo games shall be authorized on New Year's Eve, New Year's Day, Easter Sunday or Christmas Day. D.All Sunday games shall be subject to all provisions of this chapter, and of Article 14-H of the General Municipal Law, and all other applicable provisions of law.   Chapter 80, BUILDING CONSTRUCTION AND FIRE PREVENTION [HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.] GENERAL REFERENCES Unsafe buildings -- See Ch. 87. Electrical standards -- See Ch. 96. Flood damage prevention -- See Ch. 108. Mobile homes; house trailers -- See Ch. 131. ARTICLE I, Adoption of Standards [Adopted 1-26-1984 by L.L. No. 2-1984] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 80, BUILDING CONSTRUCTION AND FIRE PREVENTION                 ARTICLE I, Adoption of Standards [Adopted 1-26-1984 by L. L. No. 2-1984]   [The New York State Uniform Fire Prevention and Building Code became operative on January 1, 1984, to be enforced by the Town of East Fishkill. A copy of the Uniform Code may be examined in the office of the Building Inspector.] ARTICLE II, Administration and Enforcement [Adopted 8-8-1974 as Ch. 31 of the 1974 Code] § 80-1. Department of Buildings and Fire Prevention; appointments. [Amended 1-26-1984 by L.L. No. 2-1984] A.The Town Board may appoint a Building Inspector, who shall be the head of the Department of Buildings and Fire Prevention. B.To assist the Building Inspector in the performance of his duties and work under his supervision, the Town Board may also appoint a Fire Inspector, and such Deputy Building Inspectors and Deputy Fire Inspectors as the need shall appear. C.All such officials shall be residents of the town and shall serve at a compensation to be fixed by the Town Board. D.The Town Board may also appoint five town residents to serve for one-year terms as members of a Fire Advisory Board, to operate under the supervision of the Building Inspector and to assist him in the performance of his duties under the Uniform Fire Prevention and Building Code. The Fire Advisory Board shall also report on matters which may be referred to it by the Town Board, Planning Board and Zoning Board. § 80-2. Conflicts of interest.   No Building Inspector shall engage in any activity inconsistent with his duties, nor shall he, during the term of his employment, be engaged, directly or indirectly, in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Town of East Fishkill, excepting only that this provision shall not prohibit the Building Inspector from such activities in connection with the construction of a building or structure owned by him and not constructed for sale. § 80-3. Powers and duties of Building Inspector. A.Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall administer and enforce the New York State Uniform Fire Prevention and Building Code, and all other laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures, the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof. [Amended 1-26-1984 by L.L. No. 2-1984] B.The Building Inspector shall receive applications and the Building Inspector shall issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof, and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of ensuring compliance with the laws, ordinances and regulations governing such building construction. [Amended 1-26-1984 by L.L. No. 2-1984] C.The Building Inspector shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances or regulations as may be applicable. The Building Inspector shall make all inspections which are necessary or proper for the carrying out of his duties. D.Whenever necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, the Building Inspector may require the performance of tests in the field by experienced professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies. E.In addition to and not in limitation of any power otherwise granted by law, the Building Inspector shall have the power to order in writing the remedying of any condition found to exist in, on or about any building in violation of the Uniform Fire Prevention and Building Code and to issue appearance tickets for violations of the Uniform Code. [Added 1-26-1984 by L.L. No. 2-1984] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 80, BUILDING CONSTRUCTION AND FIRE PREVENTION                 ARTICLE II, Administration and Enforcement [Adopted 8-8- 1974 as Ch. 31 of the 1974 Code]                     § 80-4. Cooperation of other departments.   § 80-4. Cooperation of other departments.   The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Police, Fire and Health Departments or officers and of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein. § 80-5. Building permits. [Amended 1-26-1984 by L.L. No. 2-1984] A.No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, removal or demolition of any building or structure, or the construction or installation of a wood-burning stove or fireplace, without having applied for and obtained a building permit from the Building Inspector. However, no permit shall be required for the performance of necessary repairs which are not of a structural nature and which are done in conformance with the Uniform Code. No such building permit shall be issued for any activity where such construction, addition, alteration, moving or use thereof would be in violation of the Uniform Fire Prevention and Building Code, the town's Zoning Law, Subdivision Regulations, Highway Specifications or other law, ordinance, rule or regulation. B.Building permits shall be applied for under the procedure set forth in the town's Zoning Law. C.The applicant shall notify the Building Inspector of any changes in the information contained in the application during the period for which the permit is in effect. A permit will be issued when the application has been determined to be complete and when the proposed work is determined to conform to the requirements of the Uniform Code. The authority conferred by such permit may be limited by conditions, if any, contained therein. D.A building permit issued pursuant to this article shall be prominently displayed on the property or premises to which it pertains. § 80-6. Performance of work under building permit. A.A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of 12 months after the date of its issuance. For good cause, the Building Inspector may allow a maximum of two extensions for a period not exceeding six months each. After the expiration of such periods, construction shall be authorized only upon submission of a new building permit and the payment of the required fees. [Amended 1-26-1984 by L.L. No. 2-1984] B.The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications. § 80-7. Building Department fees. [Amended 1-26-1984 by L.L. No. 2-1984 EN] A.Building permit fees. (1)Upon application for a building permit for a swimming pool or fireplace, fees shall be payable to the Building Inspector in an amount as set from time to time by the Town Board. (2)All other building permit fees shall be determined on the basis of the total estimated cost of construction as determined by the Building Inspector. The application for a building permit shall set forth the total estimated cost of construction, together with such documentation of the estimated cost as the Building Inspector may require to review the total estimated cost and set the building permit fee. B.Refund of building permit fees. The fee charged for a building permit shall be refunded upon request within 90 days of issuance of the building permit, less a fee of $25 which shall be retained to cover the cost of issuing the permit, reviewing the plans, etc., provided no construction has been commenced during the ninety-day period following the issuance of the building permit, and provided the building permit is surrendered. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 80, BUILDING CONSTRUCTION AND FIRE PREVENTION                 ARTICLE II, Administration and Enforcement [Adopted 8-8- 1974 as Ch. 31 of the 1974 Code]                     § 80-7. Building Department fees. [Amended 1-26- 1984 by L.L. No. 2-1984   C.Certificate of occupancy fees. (1)When a certificate of occupancy is applied for coincident with an application for a building permit, pursuant to the provisions of § 194-144 of Chapter 194, Zoning, there shall be no fee charged for the initial application for a certificate of occupancy and one inspection prior to issuance of the certificate of occupancy. A fee in an amount as set from time to time by the Town Board shall be paid for each subsequent inspection required prior to issuance of a certificate of occupancy. (2)When a certificate of occupancy is applied for in an instance where no building permit is required, pursuant to the provisions of § 194-143 of Chapter 194, Zoning, a fee in an amount as set from time to time by the Town Board shall be paid. (3)When a temporary certificate of occupancy is applied for, under the provisions of § 194-145 of Chapter 194, Zoning, a fee in an amount as set from time to time by the Town Board shall be paid. The fee is in addition to the performance bond required by § 194-137. D.Other Building Department fees. Additional nonrefundable fees, as set from time to time by the Town Board, shall be paid to the Building Department where required by this article or the Zoning Law. E.Each of the above fees may be increased or modified by the Town Board, from time to time, by resolution. § 80-8. Revocation of building permit.   The Building Inspector may revoke a building permit theretofore issued and approved in the following instances: A.Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based. B.Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law. C.Where he finds that the work performed under the permit is not being performed in accordance with the provisions of the application, plans or specifications, or the building permit or any conditions imposed therewith. [Amended 1-26-1984 by L.L. No. 2-1984] D.Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector. E.Where there exists a condition in violation of the Uniform Fire Prevention and Building Code. [Added 1-26-1984 by L.L. No. 2-1984] § 80-9. Stop orders and order to remedy violation. [Amended 1-26-1984 by L.L. No. 2-1984] A.Whenever the Building Inspector has reasonable grounds to believe that the work on any building or structure is being performed in violation of the provisions of the applicable building laws, ordinances or regulations or not in conformity with the provisions of the application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent or the person performing the work to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing and shall state the conditions under which the work may be resumed, and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 80, BUILDING CONSTRUCTION AND FIRE PREVENTION                 ARTICLE II, Administration and Enforcement [Adopted 8-8- 1974 as Ch. 31 of the 1974 Code]                     § 80-9. Stop orders and order to remedy violation.  [Amended 1-26-1984 by L.L. No. 2-1984]   B.Orders to remedy conditions in violation of Uniform Code. The Building Inspector shall have the power to order in writing the remedying of any condition found to exist in, on or about any building in violation of the Uniform Fire Prevention and Building Code. Such orders shall be served in person upon a responsible party or his authorized agent or by registered mail sent to the address if the responsible party set forth in any relevant application for a permit or in any relevant certificate. The order shall set forth the time within which the condition must be corrected. § 80-10. Inspections. [Amended 1-26-1984 by L.L. No. 2-1984] A.Work for which a building permit has been issued under this article shall be inspected for approval prior to enclosing or covering any portion thereof and upon completion of each stage of construction, including, but not limited to, building location, site preparation, excavation, foundation, framing, superstructure, electrical, plumbing, heating and air conditioning. It shall be the responsibility of the owner, applicant or his agent to inform the Building Inspector that the work is ready for inspection and to schedule such inspection. B.Existing buildings not subject to inspection under Subsection A of this section shall be subject to periodic inspections for compliance with the Uniform Code. Notwithstanding any requirement of this subsection to the contrary, no regular periodic inspections of occupied dwelling units shall be required; provided, however, that this shall not be a limitation on inspections conducted at the invitation of the occupant or where conditions on the premises threaten or present a hazard to public health, safety or welfare. C.Inspections may be performed by the Building Inspector, the Fire Inspector or a deputy Building Inspector or Fire Inspector, as the Building Inspector may direct. Additionally, a person subject to inspection under this section may be required by the Building Inspector to have such inspection performed at his own cost and expense by a competent, independent inspector acceptable to the Building Inspector. Such inspector may be a registered architect, licensed professional engineer, certified code enforcement officer, or other person whose experience and training has been demonstrated to the satisfaction of the Building Inspector. Such inspector shall certify the results of his inspection to the Building Inspector to have an inspection performed at his own cost and expense shall not be assessed the fees otherwise prescribed in this article. D.No permits or certificates shall be issued until the appropriate inspections have taken place. § 80-11. Certificates of occupancy. [Amended 1-26-1984 by L.L. No. 2-1984] A.Where a certificate of occupancy is required by § 194-143 or by any other provision of law, no use or occupancy may be commenced, unless there exists for that building or structure a valid certificate of occupancy. B.The procedure for applications for certificates of occupancy is set forth in §§ 194-144 and 194-145 of Chapter 194, Zoning. C.In addition to the requirements set forth in § 194-144, of Chapter 194, Zoning, no certificate of occupancy shall be issued except upon an inspection which reveals no uncorrected deficiency or material violation of the Uniform Fire Prevention and Building Code in the area intended for use, or a violation of any other applicable law, code, rule or regulation, and upon payment of the appropriate fee, as set forth by the Town Board by resolution. D.No permits or certificates shall be issued until the appropriate inspections have taken place. § 80-12. Tests of materials and equipment.   Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance. § 80-13. (Reserved) EN § 80-14. Penalties for offenses. [Amended 1-26-1984 by L.L. No. 2-1984] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 80, BUILDING CONSTRUCTION AND FIRE PREVENTION                 ARTICLE II, Administration and Enforcement [Adopted 8-8- 1974 as Ch. 31 of the 1974 Code]                     § 80-14. Penalties for offenses. [Amended 1-26- 1984 by L.L. No. 2-1984]   A.Violations of Uniform Fire Prevention and Building Code. (1)Any person having been served, either personally or by registered mail, with an order to remedy any condition found to exist in, on or about any building in violation of the Uniform Fire Prevention and Building Code, who shall fail to comply with such order within the time fixed therein shall, upon conviction, be punishable by a fine of not more than $1,000 per day of violation, or imprisonment not exceeding one year, or both. (2)Any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction of any building who shall knowingly violate any of the applicable provisions of the Uniform Code or any lawful order of a local government, a county or the Secretary made thereunder regarding standards for construction, maintenance or fire protection equipment and systems, shall, upon conviction, be punishable by a fine of not more than $1,000 per day of violation, or imprisonment not exceeding one year, or both. (3)Where the construction or use of a building is in violation of any provision of the Uniform Code, or any lawful order obtained thereunder, a justice of the Supreme Court at a special term in the judicial district in which the building is located, may order the removal of the building or an abatement of the condition in violation of such provisions. An application for such relief may be made by the Building Inspector, the Town Supervisor or any other person aggrieved by the violation. B.Other violations of this article. Any other violation of this article shall constitute a violation as defined by the Penal Law. Each week that a violation continues shall be considered a separate violation. Each such violation shall, upon conviction, be punishable by a fine not to exceed $250 or imprisonment not to exceed 15 days. C.Violations; procedures. The Penal Law and the CPL shall govern all proceedings relating to such prosecutions. D.This section shall not apply to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law. § 80-15. Additional remedies.   Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises; and those remedies shall be in addition to the penalties prescribed in the preceding section.   Chapter 87, BUILDINGS, UNSAFE [HISTORY: Adopted by the Town Board of the Town of East Fishkill 5-13-1982 by L.L. No. 3-1982. Amendments noted where applicable.] § 87-1. Purpose.   Unsafe buildings pose a threat to life and property in the Town of East Fishkill. Buildings and structures may become unsafe to the public by the reason of damage by fire, the elements, vandalism, age or general deterioration. Vacant buildings not properly secured at doorways and windows also serve as an attractive nuisance for young children who may be injured therein, as well as a point of congregation by vagrants and transients, increasing the danger of fire. A dilapidated building may also become a place of rodent infestation, thereby creating a health menace to the community. It is the purpose of this chapter to provide for the safety, health, protection and general welfare of persons and property in the Town of East Fishkill by requiring that such unsafe buildings be secured, repaired or demolished and removed. § 87-2. Title. EN _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 87, BUILDINGS, UNSAFE                     § 87-2. Title.     This chapter shall be known and referred to as the "Unsafe Buildings Law" of the Town of East Fishkill. All unsafe buildings are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedures of this chapter and of Subdivision 16 of § 130 of the Town Law. § 87-3. Definitions.   As used in this chapter, the following terms shall have the meanings indicated: BUILDING -- Any building, structure or portion thereof in a residential, business or industrial section. UNSAFE -- All buildings or structures which are structurally unsafe, unsanitary or not provided with adequate egress, or which constitute a fire hazard or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. § 87-4. Investigation and report.   When in the opinion of the Building Inspector a building is or may imminently become dangerous or unsafe to the public, he shall cause to be made or make an inspection thereof and report in writing to the Town Board his findings on the condition of the building and recommendations in regard to the building's repair or demolition and removal. § 87-5. Town Board procedure. A.The Town Board shall review the Building Inspector's report, and if the Board determines that the report justifies a finding that the building is unsafe and dangerous it shall make such finding and state therein the facts on which such finding is based, and the particulars in which the building is unsafe. B.Upon making such finding, the Town Board shall further order that the owner remedy the unsafe condition by repair or removal of the building and state the steps necessary to properly abate the unsafe condition by either making the building safe and secure by repair, or demolishing and removing it. The Town Board shall not order a building demolished unless it may not reasonably or practically be repaired and safeguarded to an extent to render it safe and nondangerous. C.The order shall further state the time within which such repair or removal must commence and be completed. The time allowed shall be reasonable under the circumstances. D.The order shall contain a legal description of the property. E.The order must further state that a hearing on the matter will be held before the Town Board, at which time the owner of the unsafe building shall have the opportunity to be heard. F.The order shall further contain a finding of the Town Board that in the event the owner fails or refuses to comply with the order of the Town Board to repair and secure, or demolish and remove the building, the Town Board will provide for its repair and safeguarding or demolition and removal, as may be warranted by the circumstances, and will assess and collect all costs and expenses incurred by the town in connection with the proceedings to remove or secure, including legal expenses and the costs of actually removing said building or structure, against the land on which it is located. § 87-6. Notice. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 87, BUILDINGS, UNSAFE                     § 87-6. Notice.   A.The town shall cause notice of the Town Board's action, and a copy of the findings and order to be served on the owner of the building as hereinbelow set forth. The notice shall also state the date, time and place that the Board will hold a hearing on the matter, and shall state that the owner of the building, or his agent shall have an opportunity to be heard. B.The hearing shall be held not less than seven days after service of the notice. C.Notice shall be served as follows: The notice herein shall be served on the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in same, either personally or by registered mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in same, as shown by the records of the receiver of taxes and/or in the office of the County Clerk or County Register. If such service is made by registered mail, a copy of such notice shall be posted on the premises. If service is made by registered mail, service shall be deemed complete three days after mailing. Personal service shall be complete upon delivery to any of the persons above listed. D.A copy of the notice shall be filed with the County Clerk of Dutchess County in the same manner as the notice of pendency pursuant to Article 65 of the CPLR and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this subsection. The filed notice shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a judge or justice of a court of record or upon the consent of the Town Attorney. The County Clerk shall mark such notice and any record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order. § 87-7. Hearing. A.At the date, time and place set forth in the notice, the Town Board shall hold a hearing on the matter. B.At the hearing, the owner shall be fully heard on all issues presented in the matter and shall have the right to present documentary evidence, and the statements of any person or person on his behalf. The owner shall, on request, be provided a copy of the Building Inspector's report. The Board may also allow the Building Inspector or any other person to be heard. C.After the hearing, the Board shall consider any matter raised at the hearing, and shall either confirm its prior findings and order, or may modify or rescind them on such terms as may be just. Any such modification or rescission, and the terms thereof, shall be set forth in the minutes of the Town Board, and a copy of any such modification or rescission shall be delivered to the owner either personally or by registered mail, as set forth in § 87-6C. § 87-8. Refusal to comply.   After the hearing and after expiration of the time set forth in the notice to the owner in which to commence repair or removal work, and if it appears that the owner has failed or refused to comply with the order to repair or remove, then the Town Board shall provide for the safeguarding, repair or demolition and removal or such building or structure either by town employees or by contract. Except in an emergency, as provided in § 87-10 hereof, any contract for demolition and removal of a building in excess of $5,000 shall be awarded through competitive bidding. § 87-9. Assessment of expenses.   All expenses incurred by the town in connection with the proceedings to repair and secure or demolish and remove the unsafe building, including legal expenses and the cost of actually removing such building, shall be assessed against the land on which such building is located and shall be levied and collected in the same manner as provided in Article 15 of the Town Law of the State of New York for the levy and collection of a special ad valorem levy. § 87-10. Emergency cases.   Where it reasonably appears that there is present a clear and imminent danger to repair and secure or demolish and remove the unsafe building, including legal expenses and the cost of actually removing such building, shall be assessed against the land on which such building is located and shall be levied and collected in the same manner as provided in Article 15 of the Town Law of the State of New York for the levy and collection of a special ad valorem levy. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 96, ELECTRICAL STANDARDS   Chapter 96, ELECTRICAL STANDARDS [HISTORY: Adopted by the Town Board of the Town of East Fishkill 3-14-1991 by L.L. No. 1-1991. Amendments noted where applicable.] GENERAL REFERENCES Building construction -- See Ch. 80. § 96-1. Title.   This chapter shall be known as the "Electrical Code of the Town of East Fishkill." § 96-2. Purpose.   Since there is danger to life and property inherent in the use of electrical energy, this chapter regulates the manner in which wiring is installed for electric light, heat, power and signal systems operating on 50 or more volts in or on all real property within the Town of East Fishkill. § 96-3. Adoption of standards.   All electrical installations heretofore mentioned shall be made in conformity with the requirements of the National Electric Code except where the provisions of this chapter or any local law, ordinance or the New York State Uniform Fire Prevention and Building Code (the "Building Code") shall differently prescribe, in which event compliance with the provisions of such local law, ordinance or code shall be recognized as proper compliance with this chapter. The requirements of the National Electric Code shall be those known as "National Fire Protection Association Pamphlet No. 70" as approved and adopted by the American Standards Association. § 96-4. Approval required. A.It shall be a violation of this chapter for any person to install or cause to be installed, or to alter or repair, electrical installations referred to in § 96-2 of this chapter, until an application for inspection has been made. B.It shall be a violation of this chapter for any person to connect, or cause to be connected, electrical wiring for installations referred to in § 96-2 of this chapter to any source of electrical energy prior to the issuance of a temporary certificate by a qualified electrical inspector. § 96-5. Penalties for offenses. A.Any person, firm or corporation violating any provision of any section of this chapter or who shall violate or fail to comply with any order made thereunder or who shall falsify plans or statements filed thereunder or who shall continue to work upon any building after having received written notice from the Building Inspector to cease work shall be guilty of an offense and punishable by a fine not to exceed $1,000 or imprisonment not to exceed one year, or both. However, for the purpose of conferring jurisdiction upon the courts and judicial officers, generally, violations of this chapter shall be deemed misdemeanors and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. EN _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 96, ELECTRICAL STANDARDS                     § 96-5. Penalties for offenses.   B.Each week's continued violations shall constitute a separate additional violation. Notice of violation shall be sufficient if directed to such owner, the agent of such owner, or the contractor and left at the person's last known place of residence or business. § 96-6. Qualified Electrical Inspectors. A.Any person or organization may apply to the Town Board for permission to conduct electrical inspections in the Town of East Fishkill. The application shall be in writing on such forms as may be prescribed by Town Board resolution and shall be accompanied by a nonrefundable application fee in an amount as set from time to time by the Town Board and an insurance certificate showing statutory workers' compensation coverage for employees and automobile and public liability coverage for property damage and personal injury, including wrongful death, in an amount of at least $10,000,000. EN B.The completed application shall be submitted to the Building Inspector, who shall review the same for accuracy and completeness and who shall also make an investigation into the business reputation and qualifications of the applicant. The Building Inspector shall, within 30 days of the receipt of the application forward the same, together with a recommendation as to approval or rejection to the Town Board. The Town Board shall, within 30 days, either approve or reject the application. In the event that the Town Board fails to act on the application within said time limit, such application shall be deemed to be approved. C.Upon approval, the Building Inspector shall issue a letter to the applicant certifying that the applicant has been found to be a qualified Electrical Inspector in the town. Such certification shall be valid until such time as it is revoked by the Town Board upon good cause shown after a hearing before the Town Board, at which hearing the Electrical Inspector shall be given an opportunity to be heard and to present a defense. In the event that the application is not approved, the applicant shall be given an opportunity to secure approval from the Town Board at a hearing to be conducted by the Town Board within 30 days of such rejection. D.The Building Inspector shall at all times maintain a list of qualified Electrical Inspectors with their current business addresses and telephone numbers. § 96-7. Duties of qualified Electrical Inspectors. A.Qualified Electrical Inspectors may make inspections and reinspections of all electrical installations referred to § 96-2 of this chapter, and, where an installation is found to be in compliance with this chapter, may issue temporary certificates and certificates of compliance. Copies of such certificates shall be filed with the Building Inspector within two business days after issuance. Such inspections and reinspections shall be at the request and expense of the property owner. B.Qualified Electrical Inspectors shall report in writing to the Building Inspector of the Town of East Fishkill all violations of the NYSFPBC and NEC insofar as they relate to electrical inspections in the town as referred to in § 96-2 of this chapter. C.Such Inspectors shall make inspections and reinspections of electrical installations in the town, as referred to in § 96-2 of this chapter, upon the written request of the Building Inspector, or, in the event of an emergency, upon the oral request of the Building Inspector or any other town official. D.No Inspector or inspection agency shall knowingly accept an application for any location or installation that has previously been rejected due to violations by any other Inspector or inspection agency. § 96-8. No waiver or assumption of liability.   This chapter shall not be construed to relieve or diminish the responsibility of any person owning, leasing, operating, controlling or installing any electrical installations referred to in § 96-2 of this chapter for loss of life or injury or damage to any person or property caused by any defect or negligence therein, nor shall the town or any of its agents, servants or employees be deemed to have assumed any such liability for any reason, including any inspection, reinspection or the issuance of any certificates pursuant to this chapter. § 96-9. Nonapplicability.   The provisions of this chapter shall not apply to the electrical installations in mines, ships, railway cars or automotive equipment or the installations or equipment employed by a railway, electrical or communication utility in the exercise of its function as a utility and located outdoors or in buildings used exclusively for that purpose. This chapter shall not apply to any work involved in the manufacture, assembly, testing or repair of electrical machinery, apparatus, materials and equipment by a firm, person or corporation engaged in electrical manufacturing as its principal business. It shall not apply to any building which is owned or leased in its entirety by the government of the United States or the State of New York. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 96, ELECTRICAL STANDARDS                     § 96-9. Nonapplicability.     Chapter 103, FEES [HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.] ARTICLE I, Professional Consultant Expenses [Adopted 1-11-1996 by L.L. No. 1-1996] § 103-1. Compensation of town for review costs. A.Compensation required. In order to conduct a reasonable, full and proper review of an application for a subdivision, site plan, special permit, use variance, zoning interpretation, zoning amendment or rezoning, the reviewing board before which the application is pending shall, pursuant to this article, require the applicant to compensate the town for the actual cost of professional consultant reviews reasonably necessary to complete the review of the project. The reviews governed by this article shall include review of all land use applications, and all environmental reviews pursuant to law, including review of the proposed action under the State Environmental Quality Review Act (SEQR). B.Review fees covered. The fees governed by this article include those of the professional consultant reviews, including: (1)Those by the engineer to the town, the planner to the town, and attorney to the town; and (2)Those by any other professional consultants, as required under the circumstances of a particular application. C.Exclusion of administrative fees. The professional fees provided for herein are in addition to application or administrative fees required pursuant to other sections of the East Fishkill Code. Funds deposited by applicants pursuant to this section shall not be used to offset the town's general expenses of professional services for the several boards of the town, nor its general administration expenses. EN D.Avoiding duplication. Review fees attributable to environmental reviews under SEQR shall in no event exceed the maximum amounts to be charged pursuant to the SEQR Regulations 16 NYCRR Section 617.17 (after January 1, 1996, renumbered to section 617.13). SEQR reviews and underlying permit reviews shall be combined wherever practicable. § 103-2. Definitions.   The following terms have the following meanings: LAND USE APPLICATION -- Any application for a subdivision, site plan, specific permit, use variance, zoning amendment, rezoning or zoning interpretation. The application shall also be deemed to include the SEQR related environmental documents submitted to evaluate the proposed action. PROFESSIONAL CONSULTANT -- The town's planning, engineering and legal consultants. The term also includes other specialized consultants in land use and environmental matters retained in individual cases, including title examiners, traffic consultants, and other technical and environmental experts. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 103, FEES                 ARTICLE I, Professional Consultant Expenses [Adopted 1- 11-1996 by L.L. No. 1-1996]                     § 103-2. Definitions.   PROFESSIONAL REVIEW EXPENSES -- All actual expenses incurred by the town relating to the professional consultant review of the application. REVIEWING BOARD -- The Town Board, the Planning Board or the Zoning Board, as the case may be. § 103-3. Procedures on applications. A.Escrow required. No land use application shall be considered complete for review purposes, and no professional reviews shall commence, until this article is complied with and, where required, an escrow account is established and funded. B.Contracts required. The fees to be paid to the consultants shall be established pursuant to contract authorized by the Town Board, pursuant to the provisions of Town Law § 64, Subdivision 6. The Town Board shall assure that such contractual fees to be charged are consistent with fees for services then prevailing in the surrounding geographical area. § 103-4. Funding of escrow account. A.Sketch plan, discussion or conceptual review. When an applicant files an application for a sketch plan or conceptual review, the applicant shall fund an escrow account in the amount of $250 prior to commencement of review. This amount is intended to cover an informal Board review, which is often requested even prior to the submission of a formal application of the paying of any application fees. The informal sketch, discussion or conceptual review shall not include any formal engineering or other professional review unless the applicant establishes an escrow pursuant to Schedule A. B.Preliminary plat or site plan review. When an applicant files an application for preliminary subdivision plat or site plan approval, the applicant shall fund an escrow account in an amount set forth in Schedule A, prior to the commencement of review. C.Custody of accounts. The escrow amount shall be placed in an account established for such purpose. All review fees required pursuant to this article shall be collected by the Clerk/Secretary of the Planning and Zoning Boards. The Town Manager of Finance and Administration shall set up escrow funds as part of a trust and agency fund where consultant fees incurred by the town pursuant to this section shall be audited and paid from such special fund and not the general fund. The Clerk/Secretary of the Planning Board and Zoning Board shall have custody of escrow account records. D.Adjustment in the required escrow amounts. The Town Board may increase or decrease the amounts of the required escrow deposit, as established in Schedule A herein, from time to time, by resolution. § 103-5. Withdrawals from escrow accounts. A.Audit of vouchers. All vouchers submitted by professional consultants shall be reviewed and audited by town officials in the same manner as all other charges. The town shall approve payment of only such fees as are reasonable in amount and are necessarily incurred by the town in connection with the review. A fee shall be considered reasonable in amount if it bears a reasonable relationship to fees prevailing in the surrounding geographical area for similar services in similar projects. In determining similarity of services and projects, the town may consider the size of the project, the topography, soil conditions, drainage conditions, surface water conditions, other site constraints, the nature of the improvements to be constructed, the nature of the planning, engineering or legal issues arising in the factual context of the application. In determining whether the fees were necessarily incurred, the town may consider, in addition to the factors listed above, the nature of the materials provided by the applicant, the manner in which the service relates to the issues which must be decided by the town in reviewing the application, whether the service provided reasonably assists the Board in performing a function required by law or regulation and such other factors as may be relevant in the factual context of the application. Records shall be maintained showing all amounts deposited, and all amounts paid from the escrow account and all bills and vouchers submitted by the town professional consultants. The applicant shall in no case be billed for more than the town has actually expended for consultant review fees. EN B.Payment of audited vouchers. The Manager of Finance and Administration shall make withdrawals from the escrow account to pay the cost of consultant review services, as established by itemized voucher to the town. In no case shall an applicant make direct payment to any of the town's professional consultants. C.Town Board review. Within 30 days of receiving any voucher for professional consultant fees, whether it has as yet been paid or not, an applicant may file a written request to the Town Board seeking review of the charges therein, to determine whether such fees are reasonable in amount and are necessarily incurred by the town in connection with the review, under the standards set forth in this article.EN § 103-6. Procedures upon depletion of escrow accounts. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 103, FEES                 ARTICLE I, Professional Consultant Expenses [Adopted 1- 11-1996 by L.L. No. 1-1996]                     § 103-6.  Procedures upon depletion of escrow accounts.   A.When the balance in such escrow account is reduced to the amount shown on the fee schedule (Schedule A), the applicant shall replenish the amount of the escrow account as shown in Schedule A. B.If the applicant fails to make the escrow deposit, or fails to promptly replenish the amount in the escrow account within 15 days of the town's request, professional reviews shall not begin or continue, as the case may be, until such time as the escrow account is funded or replenished. The Board may also consider an application abandoned if nonpayment of escrow fees continues for more than two months, and the Board may deny an application based upon such abandonment. § 103-7. Approvals prohibited prior to payment.   Payment by the applicant of professional fees actually incurred in the review of the application shall be required prior to: A.Any approval of the application by the reviewing board. The Town Board, Planning Board or Zoning Board, as the case may be, shall not take any action or grant approval of any kind on any application until the Clerk/Secretary has certified to the Board that review fees actually incurred to the date of approval under this article have been fully paid and/or reimbursed, and that sufficient escrow amounts remain to cover any costs for professional reviews which will be incurred thereafter until the conclusion of the matter, including time spent, but not yet billed, as of the date of final Planning Board action, costs for review of proposed deeds and offers of cession, and similar matters. B.Any administrative action in furtherance of an approval. In the event that any approval is granted and professional review fees remain to be paid, the reviewing board shall not take any further administrative action in furtherance of the approval until sufficient provision is made for the payment of these fees. For example, no rezoning amendment at the request of an applicant shall be forwarded for filing with the Secretary of State until the Clerk/Secretary of the Planning Board has certified in writing to the Town Clerk that all professional review fees actually incurred to date have been fully paid and/or reimbursed, and that sufficient escrow amounts remain to cover any professional review costs which will be incurred thereafter until the conclusion of the matter. Similarly, no site plan or subdivision plat approved by the Planning Board shall be signed unless the Clerk/Secretary has certified in writing to the Chair that all professional review fees actually incurred to date have been fully paid and/or reimbursed, and that sufficient escrow amounts remain to cover any costs for professional reviews which will be incurred thereafter until the conclusion of the matter. C.Issuance of building permits and certificates of occupancy. No building permits or certificate of occupancy or use shall be issued unless all professional review fees charged in connection with the project have been paid and reimbursed. § 103-8. Return of unexpended funds.   Any balance remaining in the escrow account shall be refunded within a reasonable time upon applicant's request, upon completion of project review, or upon withdrawal of an application, after all fees already incurred by the town are first paid and deducted from the escrow account. § 103-9. Town's further remedies for applicant's failure to reimburse.   In the event the applicant fails to reimburse to the town funds expended to consultants as provided herein, the following remedies may apply: A.The town may seek recovery of billed and unpaid fees by bringing an action venued in a court of appropriate jurisdiction, and the applicant shall pay the town's reasonable attorney fees in prosecuting such action in addition to any judgment. B.Alternatively, and at the sole discretion of the Town Board, an applicant's failure to comply with this article by paying professional review fees by escrow, or in failing to reimburse the town for fees expended by the town for professional review fees may be remedied by charging such sums, together with any legal or other professional fees incurred in collection efforts, against the real property that is subject to the permit application and by adding that charge to and making it a part of the next annual real property tax assessment roll of the town. Prior to charging such assessments, the real property owners shall be provided with written notice to the applicant, at its last known address as contained in the permit application and to the property owner, if other than the applicant, at the owner's address of record as contained in the current assessment roll. Such written notice shall be sent certified mail, return receipt requested. Such notice shall inform the owner and applicant of the delinquent amount of fees owed to the town and shall provide an opportunity to be heard and object, before the Town Board, to the proposed additional real property assessment, at a date to be designated in the notice which shall be not less than 30 days after the mailing. If and when imposed, such charges shall be levied and collected at the same time and in the same manner as general town taxes, and such fees shall be applied to reimbursing the account from which the professional review fees were paid. SCHEDULE A Town of East Fishkill _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 103, FEES                 ARTICLE I, Professional Consultant Expenses [Adopted 1- 11-1996 by L.L. No. 1-1996]                     SCHEDULE A   Escrow Funds   Type ofInitialRedeposited ApplicationDepositDepleted toto Level   Subdivisions   No. of lots:     1 to 5 lots$1,000$200$1,000     6 to 25 lots2,5005002,500     26 and over5,0001,0005,000   Realignments500100500     Site plans   Square footage: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 103, FEES                 ARTICLE I, Professional Consultant Expenses [Adopted 1- 11-1996 by L.L. No. 1-1996]                     SCHEDULE A       Up to 1,000$1,000$200$1,000     1,001 to2,5005002,500     10,000     10,001 and5,0001,0005,000     over   Cluster development$5,000$2,000$5,000 plans   Higher density$5,000$2,000$5,000 plans   Special use$1,000$200$1,000 permits _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 103, FEES                 ARTICLE I, Professional Consultant Expenses [Adopted 1- 11-1996 by L.L. No. 1-1996]                     SCHEDULE A   Rezonings$2,500$500$2,500   Chapter 108, FLOOD DAMAGE PREVENTION [HISTORY: Adopted by the Board of Trustees of the Town of East Fishkill 4-23-1987 by L.L. No. 5-1987. Amendments noted where applicable.] GENERAL REFERENCES Building construction -- See Ch. 80. Zoning -- See Ch. 194. § 108-1. Statutory authorization, purpose and methods. A.Statutory authorization. The people of the State of New York have in the New York State Constitution, Article IX, Section 2, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, be it enacted by the Town of East Fishkill, New York, as follows. B.The Town Board of the Town of East Fishkill finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of East Fishkill and that such damages may include destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this chapter is adopted. C.Statement of purpose. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1)Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities; (2)Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3)Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters; (4)Control filling, grading, dredging and other development which may increase erosion or flood damage; _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-1. Statutory authorization,  purpose and methods.   (5)Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and (6)Qualify for and maintain participation in the National Flood Insurance Program. D.Objectives. The objectives of this chapter are: (1)To protect human life and health; (2)To minimize expenditure of public money for costly flood-control projects; (3)To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4)To minimize prolonged business interruptions; (5)To minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (6)To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood-blight areas; (7)To ensure that the public is educated as to the location of areas of special flood hazard; and ensure that potential buyers are notified that property is in an area of special flood hazard; and (8)To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. § 108-2. Definitions. A.Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application. B.The following terms shall have the meanings indicated: APPEAL -- A request for a review by the Planning Board of the Building Inspector's (§ 108-7) interpretation of any provision of this chapter or a request for a variance. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-2. Definitions.   AREA OF SHALLOW FLOODING -- A designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM). The base flood depths range from one foot to three feet where a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AREA OF SPECIAL FLOOD HAZARD -- The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A or Zone A1 to A30 on the Flood Insurance Rate Map. It is commonly referred to as the "base floodplain" or "one-hundred-year floodplain." BASE FLOOD -- The flood having a one-percent chance of being equaled or exceeded in any given year. BASEMENT -- That portion of a building having its floor subgrade (below ground level) on all sides. BREAKAWAY WALL -- A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. BUILDING -- Any structure built for support, shelter or enclosure for occupancy or storage. CELLAR -- The same meaning as "basement." COASTAL HIGH HAZARD AREA -- The area subject to high-velocity waters, including but not limited to hurricane wave wash. The area is designated on a FIRM as Zone V1-30, VE, VO or V. DEVELOPMENT -- Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations located within the area of special flood hazard. ELEVATED BUILDING -- A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers) or shear walls. FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) -- An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study. FLOOD HAZARD BOUNDARY MAP (FHBM) -- An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined but no water surface elevation is provided. FLOOD INSURANCE RATE MAP (FIRM) -- An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY -- The official report provided by the Federal Emergency Management Agency. The report contains flood profiles as well as the Flood Boundary-Floodway Map and the water surface elevations of the base flood. FLOOD or FLOODING -- A general and temporary condition of partial or complete inundation of normally dry land areas from: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-2. Definitions.   (1)The overflow of inland or tidal waters; (2)The unusual and rapid accumulation or runoff of surface waters from any source. FLOODPROOFING -- Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY -- The same meaning as "regulatory floodway." FLOOR -- The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. FUNCTIONALLY DEPENDENT USE -- A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair. The term does not include long-term storage, manufacture, sales or service facilities. HIGHEST ADJACENT GRADE -- The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. LOWEST FLOOR -- Lowest level, including basement or cellar, of the lowest enclosed area. An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. MANUFACTURED HOME -- A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. MEAN SEA LEVEL -- For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. MOBILE HOME -- The same meaning as "manufactured home." NATIONAL GEODETIC VERTICAL DATUM (NGVD) -- As corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain. NEW CONSTRUCTION -- Structures for which the start of construction commenced on or after the effective date of this chapter. ONE-HUNDRED-YEAR FLOOD -- The same meaning as "base flood." PRINCIPALLY ABOVE GROUND -- At least 51% of the actual cash value of the structure, excluding land value, is above ground. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-2. Definitions.   REGULATORY FLOODWAY -- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 108-5B of this chapter. SAND DUNES -- Naturally occurring accumulations of sand in ridges or mounds landward of the beach. START OF CONSTRUCTION -- The initiation, excluding planning and design, of any phase of a project or physical alteration of the property and shall include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages or sheds), storage trailers and building materials. For manufactured homes the actual start means affixing of the manufactured home to its permanent site. STRUCTURE -- A walled and roofed building, a manufactured home or a gas or liquid storage tank that is principally above ground. SUBSTANTIAL IMPROVEMENT: (1)Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either: (a)Before the improvement or repair is started; or (b)If the structure has been damaged and is being restored, before the damage occurred. (2)For the purposes of this definition, substantial improvement is considered to commence when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (a)Any project for improvement of a structure to comply with existing state or local building, fire, health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or (b)Any alteration of a structure or contributing structure listed on the National Register of Historic Places or a State Inventory of Historic Places. VARIANCE -- A grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter. § 108-3. General provisions. A.Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the Town of East Fishkill. B.Basis for establishing areas of special flood hazard. The areas of special flood hazard are identified by the Federal Emergency Management Agency in a scientific and engineering report entitled the "Flood Insurance Study of the Town of East Fishkill of Dutchess County, New York," dated December 15, 1983, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps dated June 15, 1984, are hereby incorporated into and declared to be a part of this chapter. The Flood Insurance Study and maps are on file at the Town Hall. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-3. General provisions.   C.Interpretation; conflict with other laws. This chapter is adopted in response to revisions to the National Flood Insurance Program effective October 1, 1986, and shall supersede all previous laws adopted for the purpose of establishing and maintaining eligibility for flood insurance. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the higher standards, shall govern. D.Penalties for noncompliance. No structure shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of East Fishkill from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under § 108-7 will be declared noncompliant and notification sent to the Federal Emergency Management Agency. E.Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of East Fishkill, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. § 108-4. Administration. A.Designation of local administrator. The Building Inspector and the Town Planning Board are hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (1)When a proposed development plan is also subject to Planning Board site plan or subdivision approval, the Planning Board shall act as the local administrator with respect to this chapter. (2)When a proposed development is not also subject to Planning Board site plan or subdivision review, the Building Inspector shall act as the local administrator with respect to this chapter. B.Establishment of development permit. A development permit shall be obtained before the start of construction or any other development within the area of special flood hazard as established in § 108-3B. Application for a development permit shall be made on forms furnished by the local administrator and may include but not be limited to plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. C.Application stage. The following information is required where applicable: (1)Elevation in relation to mean sea level of the proposed lowest floor (including basement or cellar) of all structures; (2)Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed; (3)When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in § 108-6C(1); (4)Certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in § 108-6F; (5)Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and (6)Any such other information and technical data as the appropriate local administrator may require. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-4. Administration.   D.Construction stage. Upon placement of the lowest floor, or floodproofing by whatever means, it shall be the duty of the permit holder to submit to the local administrator a certificate of the elevation of the lowest floor, or floodproofed elevation, in relation to mean sea level. The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. When floodproofing is utilized for a particular building, the floodproofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by the same. Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected. § 108-5. Duties and responsibilities of local administrator.   Duties of the local administrator shall include but not be limited to: A.Permit application review. (1)Review all development permit applications to determine that the requirements of this chapter have been satisfied. (2)Review all development permit applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required. (3)Review all development permit applications to determine if the proposed development adversely affects the area of special flood hazard. For the purposes of this chapter, "adversely affects" means physical damage to adjacent properties. An engineering study may be required of the applicant for this purpose. (a)If there is no adverse effect, then the permit shall be granted consistent with the provisions of this chapter. (b)If there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit. (4)Review all development permits for compliance with the provisions of § 108-6E, Encroachments. B.Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with § 108-3B, Basis for establishing the areas of special flood hazard, the local administrator (§ 108-4A) shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 108-6D(4) in order to administer § 108-6F, Specific standards, and § 108-6J, Floodways. C.Information to be obtained and maintained. (1)The appropriate local administrator (§ 108-4A) shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor, including basement or cellar, of all new or substantially improved structures and whether or not the structure contains a basement or cellar. (2)For all new or substantially improved floodproofed structures, the local administrator (§ 108-4B) shall: (a)Obtain and record the actual elevation, in relation to mean sea level, to which the structure has been floodproofed; and _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-5.  Duties and responsibilities of local administrator.   (b)Maintain the floodproofing certifications required in §§ 108-6 and 108-6F. (3)Maintain for public inspection all records pertaining to the provisions of local law, including variances when granted and certificates of compliance. D.Alteration of watercourses. The appropriate local administrator (§ 108-4A) shall: (1)Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Regional Director, Federal Emergency Management Agency, Region II, 26 Federal Plaza, New York, New York 10278. (2)Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. E.Interpretation of FIRM boundaries. (1)The local administrator (§ 108-4A) shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified area of special flood hazard and actual field conditions. (2)Base flood elevation data established pursuant to § 108-3B and/or § 108-5B, when available, shall be used to accurately delineate the area of special flood hazards. (3)The local administrator (§ 108-4A) shall use flood information from any other authoritative source, including historical data, to establish the limits of the area of special flood hazard when base flood elevations are not available. F.Stop-work orders. (1)All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop-work order by the local administrator (§ 108-4A). Disregard of a stop-work order shall be subject to the penalties described in § 108-3E of this chapter. (2)All floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the local administrator (§ 108-4A). Disregard of a stop-work order shall be subject to the penalties described in § 108-3E of this chapter. G.Inspections. The local administrator (§ 108-4A) and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify that the development is in compliance with the requirements of either the development permit or the approved variance. H.Certificate of compliance. (1)It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator (§ 108-4A) stating that the building or land conforms to the requirements of this chapter. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-5.  Duties and responsibilities of local administrator.   (2)All other development occurring within the designated flood hazard area will have upon completion a certificate of compliance issued by the local administrator (§ 108-4A). (3)All certifications shall be based upon the inspections conducted subject to § 108-5G and/or any certified elevations, hydraulic information, floodproofing, anchoring requirements or encroachment analysis which may have been required as a condition of the approved permit. § 108-6. Provisions for flood hazard reduction.   In all areas of special flood hazard the following standards are required: A.Anchoring. (1)All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. (2)All manufactured homes shall be installed using methods and practices which minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Manufactured homes shall be elevated to or above the base flood elevation or two feet above the highest adjacent grade when no base flood elevation has been determined. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. B.Construction materials and methods. (1)All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2)All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. C.Utilities. (1)Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. When designed for location below the base flood elevation, a professional engineer's or architect's certification is required. (2)All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (3)New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. (4)On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-6. Provisions for flood hazard reduction.   D.Subdivision proposals. (1)All subdivision proposals shall be consistent with the need to minimize flood damage. (2)All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (3)All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (4)Base flood elevation data shall be provided for all subdivision proposals and all other proposed developments (including proposals for manufactured home parks and subdivisions). E.Encroachments. (1)All proposed development in riverine situations where no flood elevation data is available (unnumbered A Zones) shall be analyzed to determine the effects on the flood-carrying capacity of the area of special flood hazard set forth in § 108-5A(3), permit review. This may require the submission of additional technical data to assist in the determination. (2)In all areas of special flood hazard in which base flood elevation data is available pursuant to § 108-5B or § 108-6D(4) and no floodway has been determined, the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point. (3)In all areas of special flood hazard where floodway data is provided or available pursuant to § 108-5B, the requirements of § 108-6J, Floodways, shall apply. F.Specific standards. In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 108-3B, Basis for establishing areas of special flood hazard, and § 108-5B, Use of other base flood data, the following additional standards are required: G.Residential construction. New construction and substantial improvement of any residential structure shall: (1)Have the lowest floor, including basement or cellar, elevated two feet or more above the base flood elevation. (2)Have fully enclosed areas below the lowest floor that are subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria: (a)A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (b)The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade; and _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-6. Provisions for flood hazard reduction.   (c)Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. H.Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure, together with attendant utility and sanitary facilities, shall either have the lowest floor, including basement or cellar, elevated two feet or more above the base flood elevation or be floodproofed so that the structure is watertight below the base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (1)If the structure is to be elevated, fully enclosed areas below the base flood elevation shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria: (a)A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (b)The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade; and (c)Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. (2)If the structure is to be floodproofed: (a)A licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice to make the structure watertight, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and (b)A licensed professional engineer or licensed land surveyor shall certify the specific elevation (in relation to mean sea level) to which the structure is floodproofed. (3)The local administrator (§ 108-4A) shall maintain on record a copy of all such certificates noted in this section. I.Construction standards for areas of special flood hazard without base flood elevations. New construction or substantial improvements of structures, including manufactured homes, shall have the lowest floor, including basement, elevated two feet or more above the base flood elevation as may be determined in § 108-5B or two feet above the highest adjacent grade where no elevation data is available. (1)New construction or substantial improvements of structures, including manufactured homes, shall have the lowest floor (including basement) elevated to at least two feet above the highest adjacent grade next to the proposed foundation of the structure. (2)Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria: (a)A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. (b)The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-6. Provisions for flood hazard reduction.   (c)Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. J.Floodways. Located within areas of special flood hazard are areas designated as floodways (see definition, § 108-2). The floodway is an extremely hazardous area due to high-velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by §§ 108-3B and 108-5B, all encroachments, including fill, new construction, substantial improvements and other development, are prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. § 108-7. Variance procedure. A.Appeals Board. (1)The Planning Board as established by the Town of East Fishkill shall hear and decide appeals and requests for variances from the requirements of this chapter. (2)The Planning Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Building Inspector (§ 108-4A) in the enforcement or administration of this chapter. (3)Those aggrieved by the decision of the Planning Board may appeal such decision to the Supreme Court, as provided in Town Law § 282. (4)In passing upon such applications, the Planning Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and: (a)The danger that materials may be swept onto other lands to the injury of others; (b)The danger to life and property due to flooding or erosion damage; (c)The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (d)The importance of the services provided by the proposed facility to the community; (e)The necessity to the facility of a waterfront location, where applicable; (f)The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (g)The compatibility of the proposed use with existing and anticipated development; _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-7. Variance procedure.   (h)The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program of that area; (i)The safety of access to the property in times of flood for ordinary and emergency vehicles; (j)The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding; (k)The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (l)The costs of providing governmental services during and after flood conditions, including search and rescue operations and maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems and streets and bridges. (5)Upon consideration of the factors of § 108-7A(4) and the purposes of this chapter, the Planning Board may attach such conditions in granting any requested variance, as it deems necessary to further the purposes of this chapter. (6)The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency. B.Conditions for variances. (1)Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that § 108-7A(4)(a) through (l) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases. (2)Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the contributing structures procedures set forth in the remainder of this section. (3)Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that: (a)The criteria of Subsection A(1), (4), (5) and (6) of this section are met; (b)The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety; (4)Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (5)Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 108, FLOOD DAMAGE PREVENTION                     § 108-7. Variance procedure.   (6)Variances shall only be issued upon receiving written justification: (a)A showing of good and sufficient cause; (b)A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (c)A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. (7)Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation. § 108-8. Fees.   Fees. The Town Board shall set the required fees for development permit applications by resolution.   Chapter 112, GAMES OF CHANCE [HISTORY: Adopted by the Town Board of the Town of East Fishkill 10-7-1976, approved by electors 11-2-1976; amended in its entirety as time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.] GENERAL REFERENCES Bingo -- See Ch. 75. § 112-1. Authorization; license required.   It shall be lawful for any authorized organization, upon obtaining a license as provided in Article 9-A of the General Municipal Law, to conduct games of chance within the Town of East Fishkill, subject to the provisions of this chapter, Article 9-A of the General Municipal Law and the New York State Racing and Wagering Board. § 112-2. Sundays; holidays. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 112, GAMES OF CHANCE                     § 112-2. Sundays; holidays.     The conduct of games of chance on Sunday is only permitted when it is specifically provided for in the license issued. No games of chance, however, shall be conducted on Easter Sunday, Christmas Day, New Year's Eve, Rosh Hashanah or Yom Kippur. § 112-3. Enforcement.   The Chief Law Enforcement Officer of the Town of East Fishkill shall exercise control over and supervision of all games of chance. § 112-4. Summary license applications.   Pursuant to General Municipal Law § 190, Subdivision 3, certain repeat authorized organizations may submit summary applications. Chapter 117, GREENWAY COMPACT [HISTORY: Adopted by the Town Board of the Town of East Fishkill 11-14-2002 by L.L. No. 1-2002. Amendments noted where applicable.] GENERAL REFERENCES Subdivision of land -- See Ch. 163. Zoning -- See Ch. 194. § 117-1.  Adoption of Greenway Connections.  A.Pursuant to the provisions of § 44-0119 of the Environmental Conservation Law of the State of New York, the Town of East Fishkill hereby adopts as a statement of land use policies, principles and guides, the document entitled "Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities" dated March 8, 2000 (hereinafter referred to as "Greenway Connections"), by which action the Town of East Fishkill becomes a participating community in the Greenway Compact.  B.Proposals to amend Greenway Connections may from time to time be made by the Hudson River Valley Greenway Communities Council (hereinafter referred to as "Greenway Council") in response to requests from participating communities. Within 90 days of receipt of any such proposal from the Greenway Council, the Town Board of the Town of East Fishkill shall determine by resolution whether to accept or to reject such proposed amendment. Any proposed amendment so accepted shall be considered an amendment of Greenway Connections as adopted by the Town of East Fishkill. Any proposed amendment rejected by the Town Board will not be considered to be an amendment of Greenway Connections for the Town of East Fishkill, and notice of such rejection shall promptly be provided to the Greenway Council. Failure of the Town Board to accept such proposed amendment shall be deemed a rejection thereof.  C.It is the stated policy of Town Board of the Town of East Fishkill that when the Town considers future enactments or amendments of its land use laws, rules or regulations, the Town Board shall consider, in addition to any other factors and the land use policies set forth in the Town's Master Plan/Comprehensive Plan, the statement of land use policies, principles and guidelines contained in the Greenway Connections, in its deliberative process, and the Town Board shall, prior to enacting such land use law, rule or regulations, make a finding that such law, rule or regulation is consistent with the land use policies, principles and guidelines contained in Greenway Connections, to the extent the Town Board deems appropriate. All determinations made hereunder shall be deemed legislative decisions within the Town Board's legislative discretion.  D.The Town Planning Board, Zoning Board of Appeals, and Architectural Review Board, in their deliberations on any discretionary actions under the Zoning Law, shall, in addition to all other relevant matters, consider the statement of policies, principles and guidelines "Greenway Connections" as such reviewing Board deems appropriate and relevant in its determinations on such discretionary decisions, as set forth in the provisions of the Code relating to Subdivision of Land and Zoning. EN  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 117, GREENWAY COMPACT                     § 117-1.  Adoption of Greenway Connections.   E.Nothing in this chapter adopting Greenway Connections, or in becoming a participating community in the Greenway Compact, is intended, or shall be construed:  (1)To limit the home rule authority of the Town under state law to make local land use and zoning decisions;  (2)To authorize any other entity to supersede the Town's land use laws and regulations or to impose any requirements on the Town; or  (3)To prevent the Town in its sole discretion from adopting a local law at a later date for the purpose of withdrawing from the Greenway Compact or Greenway Connections.        Chapter 131, MOBILE HOME PARKS; HOUSE TRAILERS [HISTORY: Adopted by the Town Board of the Town of East Fishkill 4-4-1974 as Ch. 46 of the 1974 Code. Amendments noted where applicable.] GENERAL REFERENCES Zoning -- See Ch. 194. § 131-1. Title.   This chapter shall be known as the "Mobile Home Parks Ordinance of the Town of East Fishkill." § 131-2. Purpose.   It is the purpose of this chapter to regulate mobile home parks or camps and the use of house trailers in the Town of East Fishkill, Dutchess County, New York, for the promotion of the health, safety, morals and general welfare of the residents of the Town of East Fishkill. § 131-3. Definitions.   As used in this chapter, the following terms shall have the meanings indicated: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 131, MOBILE HOME PARKS; HOUSE TRAILERS                     § 131-3. Definitions.   BUILDING INSPECTOR -- The Building Inspector of the Town of East Fishkill, Dutchess County, New York. CAMP UNIT -- The lot or space in any trailer camp which shall be assigned to or used and occupied by any one house trailer. DEPARTMENT OF HEALTH -- The Dutchess County Department of Health. MOBILE HOME or HOUSE TRAILER -- Any dwelling unit or residence on wheels, skids, rollers, flatbed trailer or other trailer, with or without its own motive power designed to be used for human habitation or for carrying persons or property, including such units as arrive at a site of use as a dwelling more or less complete and ready for occupancy except for unpacking and assembly operations and placing on temporary or semipermanent or permanent foundations and connecting to utilities. Any addition to such house trailer shall, for the purpose of this chapter, be deemed to be a part of such house trailer. The terms "mobile home" and "house trailer" are intended to be used entirely interchangeably in this chapter. PLANNING BOARD -- The Planning Board of the Town of East Fishkill, Dutchess County, New York. EN TOWN CLERK -- The Town Clerk of the Town of East Fishkill, Dutchess County, New York. TRAILER CAMP, TRAILER PARK or MOBILE HOME PARK -- Any lot, piece or parcel of ground whereon two or more house trailers are located or parked otherwise than for the purpose of loading, unloading or discharge or entrance of occupants or passengers. As used in this chapter, the terms "trailer camp," "trailer park" and "mobile home park" are entirely interchangeable and mean one and the same thing. ZONING BOARD OF APPEALS -- The Zoning Board of Appeals of the Town of East Fishkill, Dutchess County, New York. ZONING ORDINANCE -- The Zoning Ordinance of the Town of East Fishkill, Dutchess County, New York.EN § 131-4. License required. A.It shall be unlawful for any person, firm or corporation to establish, maintain, operate or conduct a mobile home park within the Town of East Fishkill unless duly licensed to do so as hereinafter provided; further, it shall be unlawful for any person or persons or corporation being the owner of real property in the town to use or permit others to use such land for or as a mobile home park unless such use be licensed and comply in all respects with this chapter. B.Existing mobile home parks. The licensing provisions of this chapter shall apply to existing mobile home parks in the Town of East Fishkill, including the one-time-charge application fee as set from time to time by the Town Board; however, the applicant for a license for an existing mobile home park shall set forth only a response to those matters required under § 131-5A. This chapter shall apply in all respects to any addition or modification to any existing mobile home park.EN C.The licensing investigation fee set forth in § 131-5B hereinafter shall be a one-time charge made at the time of initial application for a license. There shall be no charge for a renewal of such license as set forth under § 131-10 hereof. D.This chapter is intended to be read in conformity with the Zoning Ordinance and as it may from time to time be amended; mobile home parks may be established subject to this chapter and be located only in such areas or zones of the town as permitted by said ordinances. § 131-5. Application for license; processing. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 131, MOBILE HOME PARKS; HOUSE TRAILERS                     § 131-5. Application for license; processing.   A.Every person, firm or corporation desiring a license to conduct a trailer camp within the Town of East Fishkill shall first make application in writing for such license to the Town Clerk. Said application shall state the name and address of the applicant, the nature and extent of his interest in the business for which a license is desired and whether he is the owner of the property, and if not the owner, the name, address and written consent, duly acknowledged, of the owner, and shall give a legal and concise description of the property to be used. Said application shall also state the number of units therein and such information as may be required by the Town Clerk or other proper officers of the Town of East Fishkill, County of Dutchess and State of New York. Such application shall be accompanied by a plan, drawn to scale, which must clearly show the extent and area to be used for automobile, trailer or house cars and the location of all of the proposed sanitary conveniences, toilets, washrooms, laundry buildings, slop sinks, garbage disposal and the proposed method of sewage disposal or removal and the plan for water supply and lighting. B.Such application shall indicate compliance with the minimum requirements as set by the rules and regulations of the State Department of Health, the Dutchess County Health Department and the Sanitary Code of the State of New York. There shall be endorsed thereon the approval of the Health Department and Planning Board. Such application shall be accompanied by the written consents, duly acknowledged, of the owners of 50% of lands within a radius of 2,500 feet of the boundaries of the lands proposed to be used. Such application shall be accompanied by an investigation fee in an amount as set from time to time by the Town Council. EN C.The Town Clerk shall submit said application and plan to the Building Inspector, who shall examine the same and inspect the property, application and plan and either approve or disapprove the same, and if the same is approved, such approval shall be endorsed upon the application, and if disapproved, the application shall be endorsed accordingly, together with the reason or reasons for such disapproval. The Town Clerk shall thereafter refer said application and all documents submitted therewith to the Zoning Board of Appeals, which shall within 90 days hold a public hearing on such application. If approved, such Zoning Board of Appeals shall direct the Town Clerk to issue a license, and if disapproved, shall give the reason for such action. § 131-6. General regulations. A.No trailer park or camp shall be located within 2,500 feet of the boundary line of any property used for public school purposes. B.All land used for trailer parks or camps shall be located in well-drained sites comprising a minimum of 10 acres, free from heavy or dense growth of brush or weeds. The land shall be properly graded so as to ensure rapid drainage during and following rain and shall be drained so as to be free from pools of stagnant water. C.Each unit in any trailer park or camp shall be not less than 1/4 acre in area, clearly defined by markers in each corner, and no more than one house trailer shall be permitted to occupy one unit. Units shall be grouped in blocks, with streets at least 30 feet wide in each block. Said streets shall be constructed and surfaced in accordance with the town road specifications and approved by the Town Superintendent of Highways. Each camp unit shall have at least thirty-foot frontage on such a street. Trailers shall be so placed on each unit that there shall be a distance of at least 20 feet to any front, rear or side lot line, and no camp unit shall be located within 50 feet of the boundary of a trailer camp. Each trailer on a unit space shall be so located in such manner as to provide off-street parking space for a minimum of one motor vehicle. § 131-7. Sanitary and other facilities.   Each trailer camp shall be provided with toilets, urinals, washbasins, slop basins, sinks, garbage receptacles, shower baths, water faucets in accordance with the following: A.Not less than one toilet for each sex for every 10 units or fraction thereof. B.Each toilet room shall be provided with at least one lavatory with hot and cold running water. C.One shower bath shall be provided for each sex for every 10 units or fraction thereof. D.All toilets, sinks, showers, and urinals shall be placed in properly constructed buildings located within 500 feet of each trailer unit which they are supposed to service. E.Toilet buildings shall be well lighted at all times, day or night, well ventilated with screened openings and constructed of such moistureproof material as shall permit rapid and satisfactory cleaning, scouring and washing. F.The floor of all toilet rooms shall be of concrete, tile or similar material elevated not less than eight inches above grade and shall slope to a floor drain located in each room. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 131, MOBILE HOME PARKS; HOUSE TRAILERS                     § 131-7. Sanitary and other facilities.   G.The slop sinks or basins with water supply shall be provided to serve each 10 units and shall be constructed in accordance with the design, size and material approved by the Department of Health and the Building Inspector. H.All plumbing installations shall be made in accordance with the requirements of the state health laws and rules, and all sewer drains, etc., shall be connected to a town sewer if the camp is located on a highway which has a town sewer available or to a properly constructed septic system constructed in accordance with the requirements of the Department of Health and under the inspection and supervision of said Department and the Building Inspector. I.Where toilet and bathing facilities are provided for both sexes in the same building, a tight soundproof wall shall be constructed between the male and female sections. J.All bathtubs are prohibited. K.No waste water shall be discharged from any waste tanks upon the ground, but disposal of waste water shall be in accordance with directions and specifications provided by the Department of Health and the Building Inspector. L.A covered metal garbage pail and a covered metal rubbish container shall be provided for each unit and shall be of such capacity as to properly take care of all garbage and rubbish emanating from the units intended to be served, and the same shall be emptied and the contents properly disposed of by the owner or operator of the trailer park or camp every 24 hours, and such containers shall at all times be kept securely covered and in a sanitary condition. M.Inasmuch as the disposal of chemical toilet wastes to septic systems will affect their septic action and seriously damage the system, such disposal is therefore prohibited. N.Only such water supply as shall be approved by the Department of Health and the Building Inspector shall be used in any trailer park or camp. O.Each trailer camp shall provide certain electric service connections and outlets for each unit, all such to be of a type approved by the New York State Board of Fire Underwriters. P.Playground areas shall be provided and shall be restricted to such use. These areas shall be protected from the main highway and from parking areas. A minimum of 1,000 square feet per camp unit shall be made available in one or more places for such playground use. § 131-8. Management; duties of licensees. A.Every trailer park or camp shall be under the direct management of the owner of the license or his agent or representative. Such person or persons must be of good reputation and character and shall operate such park or camp from an office located on the grounds, in which office shall be maintained a bound book containing a record of the names of all persons accommodated at the park or camp, their home addresses, the license number and make, color and registration number of their automobile or trailer, and such record shall at all times be available for inspection by any peace officer of Dutchess County or any other law enforcement officer of the Town of East Fishkill, Dutchess County, New York. B.It shall be the duty of the licensee of any such park or camp to: (1)Provide for the collection of garbage and any other waste material. (2)Prohibit the placing or storage of unsightly materials or vehicles of any kind. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 131, MOBILE HOME PARKS; HOUSE TRAILERS                     § 131-8. Management; duties of licensees.   (3)Provide for cleaning, painting, repairing and disinfecting all buildings. (4)Take such other measures which shall be deemed necessary by the Town Board, the Dutchess County Department of Health, the Building Inspector and the Zoning Board of Appeals to preserve the health, comfort and safety of all persons accommodated in the park or the general public. (5)Report all cases of communicable diseases or suspected cases of communicable diseases affecting any occupant of the camp. (6)Prevent the committing of any nuisance in the camp or on the camp premises and report immediately to the proper public authorities all acts of a disorderly character committed by any person or persons inside the camp. § 131-9. Fire and accident provisions. A.All trailer camps shall be provided with adequate protection consisting of a hydrant or hydrants, when feasible, fire hose and fire extinguishers so located that the same shall be available immediately in the event of a fire and as specified and approved by the Fire Chief of the East Fishkill Fire District. Such fire equipment shall be inspected by the Fire Chief of the East Fishkill Fire District at regular intervals and shall at all times meet with his approval. B.All gasoline and other flammable fluids shall be stored underground, and such storage and handling of such combustible materials shall be under the supervision of the Building Inspector. C.Suitable telephone facilities, accessible at all times, shall be provided at all such camps to enable the Fire Department to be called in case of fire. § 131-10. Duration of licenses.   Any license issued for a trailer camp pursuant to this chapter shall be valid until January 1 next succeeding the date of issuance and shall be renewed annually thereafter by the Town Clerk. Any such license issued pursuant to this chapter shall not be transferable or assignable. § 131-11. Revocation of license.   In the event that it is made to appear to any police officer, health officer or any authorized representative of the Town of East Fishkill, including the Board of Zoning Appeals, that a trailer camp or park is in any way not being maintained in accordance with the provisions of this chapter or is in any way violating the Zoning Ordinance of the Town of East Fishkill or any other law or regulation relating to trailer parks or camps, the Board of Zoning Appeals may revoke or suspend the license granted under the authority of this chapter after a hearing at which the testimony of the complaining official or officials, plus witnesses, and the holder of the license shall be heard. In the event the license following said hearing is revoked, the premises shall forthwith cease to be used for the purpose of a trailer camp or park and all house trailers shall forthwith be removed therefrom. § 131-12. Uses of mobile homes.   No persons shall use or park any house trailer within the Town of East Fishkill except within the limits of a duly licensed trailer park or camp. None of the provisions of this chapter, however, shall apply to the sale, storage or garaging of a house trailer or house trailers, provided the same are unoccupied and are not used for sleeping or living purposes and are not being stored in violation of the Zoning Ordinance or other ordinance of the town. § 131-13. Penalties for offenses. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 131, MOBILE HOME PARKS; HOUSE TRAILERS                     § 131-13. Penalties for offenses.     Any person, persons, firms, associations or corporations committing an offense against any of the provisions of this chapter or of any section or part thereof shall be guilty of a violation and, upon conviction thereof, may be fined not more than $250 or be imprisoned for not more than 15 days, or both. In addition, an offense against any section or provision of this chapter shall subject the person, firm or corporation committing the same to a civil penalty in the sum of $100 for each 24 hours continued violation thereof, and said penalty shall be recovered by the Town of East Fishkill in a civil action. In addition, the town authorities shall have such other remedies as are provided by law to restrain, correct or abate any offense against this chapter, including the enforced removal of conditions prohibited by this chapter.   Chapter 136, PARKS AND RECREATION AREAS [HISTORY: Adopted by the Town Board of the Town of East Fishkill 9-9-1976 by L.L. No. 2-1976. Amendments noted where applicable.] § 136-1. Definitions.   As used in this chapter, the following terms shall have the meanings indicated: COMMITTEE -- The East Fishkill Recreation Commission. EN MEMBER -- A person who is a member of the Commission. PARK -- A park, playground or any other recreation area in the town owned by the town and devoted to recreation purposes. "Park" shall also be deemed to include any building or recreation facility located on town property used for recreation purposes. The above properties include Red Wing Park as well as all other recreation properties owned by the town. PARK OFFICIAL -- A person who is appointed and/or employed by the Town Board and in charge of any park area and/or the activities conducted thereon. A "park official" is also any employee or duly appointed official of the town who is conducting any activity or is working or employed in any area of any park for park or recreation purposes. TOWN -- The Town of East Fishkill. TOWN BOARD -- The Town Board of East Fishkill. § 136-2. Prohibited activities.   No person in a park shall: A.Willfully mark, deface, disfigure, injure, tamper with, displace or remove any building or portion thereof, any bridge, table, bench, fireplace, railing, paving, light, dock, waterline or other public utility or part thereof, sign, notice or placard, monument, stake, fence, post or other boundary marker, or other structure or equipment, facilities or park property or appurtenances whatsoever, either real or personal. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 136, PARKS AND RECREATION AREAS                     § 136-2. Prohibited activities.   B.Use the rest rooms, washrooms or bathhouse facilities designated for the opposite sex. C.Dig or remove any sand, earth, rock, stone, tree, shrub, plant, flowers, grass, timber or log, whether standing or cut, or any other material, or make any excavation by tool, equipment, blasting or other means or agency, or attach or cause to be attached any rope, wire or other device to any tree, plant or building without the prior approval of the Commission. D.Cause or permit any animal owned by him, in his custody or under his control to go or become at large. Dogs shall be restrained by a leash not exceeding six feet in length. It shall be the duty of each dog owner or person having possession, custody or control of a dog to remove any feces left by his dog in any park and to dispose of the same in a safe and sanitary manner. EN E.Ride or drive a horse except when allowed by a permit. Such permits may be issued at the discretion of the Commission. F.Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw stones or any missiles at or give or offer any poisonous food to any animal, reptile, bird or the eggs of same, except that the foregoing shall not prohibit the killing of any deadly reptile. G.Throw, discharge or otherwise place or cause to be placed in the waters or upon the ground or trees or plants of any park any substance, matter or thing, whether liquid or solid, which will or may result in the pollution of said waters or damage to said ground, tree or plant. H.Dump, deposit or leave, or cause to be dumped, deposited or left, any bottle, broken glass, ashes (other than ashes from and in a designated and permanently constructed fireplace or temporary fireplace designated by a permit), paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash upon the grounds or waters of a park or leave such materials anywhere in a park, except for those items that are placed in the receptacles so provided for the deposit of such items. Where no receptacles are so provided, all such rubbish and waste shall be carried away from a park by the person or persons responsible for its presence and properly disposed of elsewhere. I.Golfing activity is prohibited.EN § 136-3. Traffic regulations. A.No person in any park shall: (1)Fail to comply with all the applicable provisions of the Vehicle and Traffic Laws of the State of New York, together with such supplemental regulations as are herein set forth. (2)Fail to obey all police officers, traffic officers, members or park officials, whenever such persons are directing traffic or parking in a park, such police officers, traffic officers, members and park officials being hereby authorized and instructed to direct traffic and parking whenever and wherever needed in a park. (3)Fail to observe and obey all traffic and parking signs indicating speed, directions, caution, stopping, parking or no-parking and all other signs posted for proper control and to safeguard life and property. (4)Park and leave a motor vehicle overnight in any area of a park, except as authorized by the Commission. (5)Park a motor vehicle on park property, unless the operator or owner thereof shall use or be making use of the recreation facilities of such park during the time that the said motor vehicle is parked in said park. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 136, PARKS AND RECREATION AREAS                     § 136-3. Traffic regulations.   (6)Operate a snowmobile, trail bike or unlicensed motor vehicle in any park in the town. B.No person in Red Wing Park shall: (1)Ride a bicycle on other than the paved road or parking area or park said vehicle in any place other than a bicycle rack, when so provided, or other than a parking area designated for the parking of bicycles. § 136-4. Recreational activities. A.No person in any park shall: (1)Take part in or abet in the playing of any game or other recreational entertainment except in areas so designated for such forms of entertainment. The throwing, shooting or projecting of any stones, arrows or javelins or the operation of any model airplane shall not be permitted in a park unless in an area specifically designated by the Commission. (2)Leave a picnic area before all trash and refuse is placed in receptacles, when provided, and if no such receptacles are provided, leave such picnic area without carrying away from said area the aforesaid trash or refuse. No person shall leave such picnic area before a fire being used by such person is completely extinguished. (3)Camp or erect a tent or any other temporary or any mobile shelter, except as otherwise permitted upon application to the Commission, and in such cases only in the area so designated for such camping purposes. B.No person in Red Wing Park shall: (1)Swim, enter into or wade in any waters located thereon, except in compliance with such rules and regulations pertaining thereto as are established from time to time by the Commission, such rules and regulations to be posted prominently within the confines of Red Wing Park. (2)Bring in or operate any boat, raft or other watercraft, whether motor-powered or not, upon any waters in the park, except at such time, in such places and under such conditions as are designated by the Committee. Motor-powered boats are to be strictly forbidden from Red Wing Park except as they are required for official duties authorized by the Commission. (3)Fish in any waters of Red Wing Park, whether by the use of a hook and line, net or other device, except in such waters and at such times as designated by the Commission. § 136-5. General conduct.   No person in a park shall: A.Bring in or upon, have brought in or upon or cause to be brought in or upon a park or grounds thereof any alcoholic beverage, nor sell, purchase, consume or drink any alcoholic beverage at any time in a park. Any person entering a park or found within a park to be under the influence of alcoholic liquor shall be immediately removed by a police officer. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 136, PARKS AND RECREATION AREAS                     § 136-5. General conduct.   B.Bring in or cause to be brought in, or have in his possession or set off or otherwise cause to be exploded, discharged or burned, any firecracker, torpedo, rocket or other fireworks or explosive or flammable material, or discharge them or throw them into any area of a park or from any area of a park upon the land adjacent thereto. Notwithstanding the foregoing, park grounds or facilities thereon may be used for a scheduled fireworks program under a permit granted by the Commission. C.Bring in or cause to be brought in or have in his possession: (1)Any pistol, revolver or objects upon which loaded or blank cartridges may be used. Official starters at authorized athletic events are excepted from this restriction. (2)Any rifle, shotgun, air gun, spring gun, slingshot, bow or other instrument or weapon in which the propelling force is a spring or air. D.Build or attempt to build a fire except in a fireplace designated and constructed for such purposes and under such regulations as may be adopted from time to time by the Committee. No person shall drop, throw or otherwise scatter lighted matches, burning cigars or cigarettes, tobacco or other flammable material within a park. Notwithstanding the foregoing, gas stoves and charcoal grills are permitted in authorized picnic areas but must be attended at all times when in use. E.Enter upon ice except such ice designated by the Commission for skating purposes, provided that a safety signal of the Commission is displayed on said ice or on an adjacent area. F.Engage in any disorderly conduct or any behavior tending to cause a breach of the public peace. No person shall disturb or otherwise interfere with any other person or group of persons occupying any area or engaging in any organized activity. G.Sell or offer for sale any object, merchandise or service or any other thing within a park, except by a permit from the Commission. H.Ride a bicycle or roller skate or rollerblade without wearing a helmet. Proper protective gear shall be worn for all sports and activities. EN § 136-6. Additional rules authorized; hours; fees; residency requirements. A.The Commission is hereby authorized to adopt any additional rules and regulations with respect to parks and recreational facilities of the town and with respect to the conduct of the public in said parks, provided that such rules and regulations are not inconsistent or in conflict with the provisions herein set forth, and provided that any material changes herein shall be approved by the Town Board. B.The opening and closing hours of the parks shall be set by the Commission and shall be posted at the entrance to each park so that opening and closing times will be easily noticeable by the public. No person or persons shall enter upon or remain in a park or any buildings or grounds thereof at times when the park is closed. C.There shall be no charges or fees for admission to or in the parks of the town except: (1)Red Wing Park for which there shall be a fee or charge which will be used solely to offset the expenses of such park. (2)As established or authorized by the Commission, provided that the proceeds thereof and therefrom, less the reasonable expenses of such event, shall be paid to the Commission and deposited and used by it as provided by law. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 136, PARKS AND RECREATION AREAS                     § 136-6. Additional rules authorized; hours; fees;  residency requirements.   D.Notwithstanding the provisions of Subsection C above, fees or admissions may be charged for special facilities and services in the parks of the town under the operation of the Commission. E.The parks and facilities of the town shall be open to residents of the Town of East Fishkill and their guests. The Commission may establish rules and regulations with respect to determining the number and eligibility of such guests. § 136-7. Permit required for certain activities; issuance; revocation. A.No permit shall be required for use of the parks and the facilities therein except as follows: (1)Whenever any organization or group desires to use a certain area of a park for its exclusive use for a period of one day or any part thereof, such organization or group shall make application to the Commission and shall set forth the name and address of the organization or group; the name and address of the person, persons, corporation or association sponsoring the activity, if any; the day and hours for which the permit is desired; an estimate of the anticipated attendance; the charges or fees, if otherwise permitted as aforesaid, being charged to members or persons attending; and any other information which the Commission shall find reasonably necessary to determine whether or not the permit should be issued hereunder. (2)If the Commission determines that the applicant is to be permitted to use the area of the park requested, such approval of such permit may be conditioned upon the issuance of a certificate of liability insurance to the organization or group, listing thereon the Town of East Fishkill as an additional insured on the said policy with coverage in the amount of $100,000/$300,000 for bodily property damage per accident. Such approval shall further be conditioned upon an agreement by the applicant to indemnify the town in the event that any damage or destruction is caused by members of such organization or as a result of such applicant's use. No such permit shall be issued until the aforesaid has been complied with. (3)Notwithstanding the aforesaid, no permit shall be issued to any organization other than an organization which has its principal office or meeting place in the Town of East Fishkill and of which more than 1/2 of its members shall be residents of the Town of East Fishkill. The Commission is further empowered to waive any provision of this Subsection A. B.The Commission shall only issue a permit hereunder when it determines: (1)That the proposed activity or use of the park or recreation facilities will not unreasonably interfere with or detract from the proper enjoyment of the area by others. (2)That the proposed activity or use will not unreasonably interfere with or detract from the promotion of the public health, welfare, safety and recreation. (3)That the proposed activity or use is not unreasonably anticipated to incite the participants therein or others to be disorderly. (4)That the proposed activity will not entail any additional expense to the Town of East Fishkill. (5)That the requested area or facilities desired have not been reserved for any other use or group on the day and hour requested in the application. (6)That the proposed activity or use will be supervised by or be under the immediate direction and control of responsible residents of the town. C.All applications shall be submitted at a regular meeting of the Commission and at least 10 days prior to the date requested, and the Commission shall apprise the applicant within five days thereafter as to whether or not the permit has been granted, and if so granted, any reasonable conditions that may be imposed by the Commission, such Commission being hereby authorized to impose any reasonable conditions to such permit. Any applicant, group or person denied a permit shall have the right to appeal to the Town Board, which shall consider the application under the aforesaid standards set forth in Subsection B and which may thereafter sustain or overrule the decision of the Commission. The decision of the Town Board shall be final. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 136, PARKS AND RECREATION AREAS                     § 136-7. Permit required for certain activities;  issuance; revocation.   D.All permits shall be subject to the rules and regulations established by the Commission, the applicable provisions herein contained and any conditions set forth in the permit. E.The Commission shall have the authority to revoke any permit upon the finding or determination by it, in its discretion, that there has been a violation of any conditions set forth in the permit, any rule or regulation of the Commission or any provision herein contained. § 136-8. Penalties for offenses. [Amended 7-25-1985 by L.L. No. 8-1985]   Any person committing an offense against any of the provisions of Chapter 48 of the East Fishkill Code shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. § 136-9. Construction; word usage.   In the interpretation of this chapter, the provisions shall be construed as follows: A.Any term in the singular shall include the plural. B.Any term in the masculine shall include the feminine and neuter. C.Any requirement or prohibition of any act shall, respectively, extend to and include the causing and procuring, directly or indirectly, of such act. D.No provision hereof shall make unlawful any act necessarily performed by any officer or employee of the Commission in the line of duty or work, as such, or by any person, his agent or employees in the proper and necessary execution of the terms of any agreement with the Commission. E.Any act otherwise prohibited by law or local ordinance shall be lawful if performed under, by virtue of and strictly within the provisions of a permit to do so, and to the extent authorized thereby.   Chapter 140, PEDDLING AND SOLICITING [HISTORY: Adopted by the Town Board of the Town of East Fishkill 9-14-1989 by L.L. No. 5-1989. Amendments noted where applicable.] § 140-1. Definitions. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 140, PEDDLING AND SOLICITING                     § 140-1. Definitions.     As used in this chapter, the following terms shall have the meanings indicated: PUBLIC STREET OR SIDEWALK -- All areas legally open to public use as public streets, sidewalks, roadways, highways, parkways, alleys and any other public way. SOLICITOR/PEDDLER/VENDOR -- Any person, including an employee or agent of another, who sells or offers to sell food, beverages, goods or merchandise on any public street or sidewalk from a stand, motor vehicle or from his or her person, or one who travels by foot, wagon, motor vehicle, pushcart or any other method of transportation from house to house or street to street selling or offering to sell food, beverages, goods or merchandise. STAND -- Any newsstand, table, bench, booth, rack, handcart, pushcart or any other fixture or device which is not required to be licensed and registered by the Department of Motor Vehicles, used for the display, storage or transportation of articles offered for sale by a vendor. STATIONARY SOLICITOR, PEDDLER OR VENDOR -- A solicitor, peddler or vendor who uses a vehicle or stand and who operates from the same location for more than three days. [Amended 9-13-1990 by L.L. No. 7-1990] § 140-2. License required; special permit required for stationary vendor. A.It shall be unlawful for any person, except as exempted herein, to solicit, peddle or vend within the Town of East Fishkill, without first obtaining a license from the East Fishkill Town Clerk, as herein provided. B.A stationary vendor as defined herein shall be required to obtain a special permit in accordance with § 194-66 in order to obtain a license pursuant to this chapter. § 140-3. Exemptions. A.No part of this chapter shall be enforced so as to conflict with Article 4, Section 32, of the General Business Law of the State of New York, providing for exemption for veterans. B.[Amended 9-12-1996 by L.L. No. 10-1996] The requirements of this chapter shall not apply to the following, provided that official uniforms, clothing or other suitable identification is displayed: (1)Any nonprofit religious, charitable, educational, civic or political organization. (2)Any such organization as the Boy Scouts, Girl Scouts or local volunteer firemen. (3)This exemption does not authorize any person to occupy any portion of a highway for the purpose of solicitation of monetary contributions, as prohibited by Vehicle and Traffic Law § 1157, Subdivision (c), and § 177-12 of the East Fishkill Code. C.Nothing in this chapter shall be held to apply to: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 140, PEDDLING AND SOLICITING                     § 140-3. Exemptions.   (1)Sales conducted pursuant to statute or by order of any court. (2)Persons selling personal property at wholesale to dealers in such articles. (3)The peddling of meats, fish, fruit and similar produce by farmers and persons who produce such commodities. (4)Dealers in milk, baked goods, heating oil, daily newspapers and books. (5)Licensed real estate brokers. § 140-4. License application requirements.   Applications for licenses or a renewal thereof by solicitors, peddlers or vendors shall be made to the Town Clerk, shall be sworn and in writing, and shall contain the following information: A.Name, age, telephone number, permanent address and current address, if different. B.Physical description of the applicant. C.A brief description of the nature of the business to be conducted and the goods to be sold. D.If employed, the name and address of the employer, together with credentials establishing the exact relationship. E.The names of all municipalities in which the applicant has carried on the business of soliciting, peddling or vending orders during the preceding six months. F.If a vehicle is to be used, a description of such vehicle and its license number. G.A description of the proposed location(s) of the vending business and the length of time during which it is proposed that the business shall be conducted. H.The place where the goods or property to be sold or offered for sale are manufactured or produced, where such goods or property are located at the time such application is filed and the proposed method of delivery. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 140, PEDDLING AND SOLICITING                     § 140-4. License application requirements.   I.A photograph of the applicant taken within 60 days immediately prior to the date of the application, which photograph shall clearly show the head and shoulders of the applicant and shall measure 2 inches by 2 inches. J.Two business references located in the County of Dutchess, State of New York, or, in lieu thereof, such other available evidence of the character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and responsibility. K.A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance regarding soliciting, peddling or vending, the nature of the offense and the punishment or penalty assessed therefor. L.If the application is for a license to handle food in any form, the applicant shall submit a valid permit issued by the Dutchess County Health Department establishing compliance with the provisions of the Dutchess County Public Health Regulations. M.If the applicant requires the use of weighing and/or measuring devices, such application shall be accompanied by a certificate, not more than six months old, from the County Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by applicant have been examined and approved. N.Proof that applicant holds a New York State Sales Tax Identification Number. O.A copy of any other license or permit required by any other governmental agency in connection with the applicant's business. P.Any change in circumstances with regard to the information provided in the application or on the license shall be reported to the Town Clerk within 30 days. Q.A certificate of insurance as required pursuant to § 140-7. § 140-5. License/application procedure. A.An application to solicit, peddle or vend accompanied by all required information shall be submitted to the East Fishkill Town Clerk. The Clerk shall refer the application to the Chief of Police. B.The Chief of Police shall review and investigate the application and make a determination within 30 days of receipt. The Chief of Police, after such investigation, may reject, in writing, an application for a license if the issuance of the license would involve an unreasonable risk to property or to the safety or welfare of specific individuals or of the general public. [Amended 9-13-1990 by L.L. No. 7-1990] C.In the absence of any such finding, the Chief of Police shall find the application satisfactory, shall endorse his approval subject to conditions of § 140-5D on the application and shall return the application to the Clerk. D.The police may impose reasonable conditions on a license to ensure that any peddling from a vehicle in the public way does not interfere with traffic flow and safety. Such conditions may include, but are not limited to, placement of vehicles used in peddling, parking and hours of operation. E.If approved, the Town Clerk will issue a license after payment of the appropriate fee pursuant to § 140-6 and the license shall contain the following information: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 140, PEDDLING AND SOLICITING                     § 140-5. License/application procedure.   (1)The name, address and photograph of the licensee. (2)The kind of goods to be peddled or solicited thereunder. (3)The amount of fee paid. (4)The peddler's license number. (5)The date of issuance and the date of expiration of such license. (6)The signature of the Town Clerk or authorized deputy. (7)Any conditions imposed by the Chief of Police. F.Denial of a license is subject to review by the Town Board, upon application within 30 days of the date of the denial. § 140-6. Fees. EN   An applicant for a license under this chapter shall pay an annual license fee, per vendor, as set from time to time by the Town Board. § 140-7. Insurance.   No license shall be issued to an applicant unless the applicant furnishes proof to the town of a public liability bond or insurance policy in an amount not less than $300,000 for property damage and injuries, including injury resulting in death, caused by the operation of the vending business. § 140-8. License to be carried; replacement of lost license.EN   Each licensee shall carry on his person all licenses issued by the Police Department at all times and shall exhibit same to any town official or police officer upon request. If such license is lost or stolen, such shall be reported to the Town Clerk within 10 days. Upon such notification, the Town Clerk shall issue a replacement license, payable to the Town Clerk, in an amount as set from time to time by the Town Board. § 140-9. Transferability. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 140, PEDDLING AND SOLICITING                     § 140-9. Transferability.     No license issued pursuant to this chapter may be used or displayed at any time by any person other than the person whose name and picture appear on the license. § 140-10. Restrictions. A.Restricted and prohibited locations. (1)Pursuant to § 1157, Subdivision (c), and § 1800 of the New York State Vehicle and Traffic Law, no solicitor/peddler/vendor shall occupy any part of a state highway in any manner for the purpose of selling or soliciting, except a veteran holding a peddler's license pursuant to Article 4 (§ 32 and following) of the General Business Law. Pursuant to § 177-12 of the East Fishkill Code, no person shall occupy any part of any highway in the Town of East Fishkill in any manner for the purposes of soliciting monetary contributions. [Amended 9-12-1996 by L.L. No. 10-1996] (2)No solicitor/peddler/vendor who is licensed by the town to sell from a vehicle shall solicit, peddle or vend on privately owned lands without permission from the owner unless specifically authorized by the Town Board to do so for an event such as a flea market, carnival, circus, community day or any similar activity. (3)It shall be unlawful for any solicitor, peddler or vendor in plying his trade to enter upon any premises or property, or to ring the doorbell or knock upon or enter any building whereon there is painted or otherwise affixed or displayed to public view any sign containing any or all of the following words: "No solicitors, peddlers or vendors," or other wording, the purpose of which purports to prohibit soliciting or peddling on the premises. (4)No solicitor/peddler/vendor who is licensed by the town shall permit any vehicle used in such business to stand or remain: (a)Within 200 feet of any intersection. (b)On any crosswalk. (c)Within 250 feet of any school, public building, residence or commercial establishment. (5)No solicitor/peddler/vendor shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location without a special permit, nor shall any be permitted to operate in a congested area where such operation might impede access to the entrance of any adjacent building or driveway or inconvenience the public. For the purpose of this chapter, the judgment of any police officer or Building Inspector exercised in good faith shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. B.Use of signs and displays. It shall be lawful for peddlers to use signs which are painted on or affixed to a peddler's vehicle, provided same do not exceed the dimensions of the vehicle on which they are placed, and such vehicle can be driven safely with the sign as affixed. Such permitted signs shall be exempt from the provisions of the East Fishkill Zoning Ordinance. EN The use of other movable, portable and/or freestanding signs by solicitors, peddlers or vendors is prohibited. C.Other restrictions: (1)No solicitor, peddler or vendor may operate in violation of any conditions imposed in his license. (2)Solicitors, peddlers or vendors are responsible for the cleanup of any debris associated with their business. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 140, PEDDLING AND SOLICITING                     § 140-11. Enforcement.   § 140-11. Enforcement.   The East Fishkill Police Department and the Building Inspector shall enforce the provisions of this chapter. § 140-12. Penalties for offenses. [Amended 9-13-1990 by L.L. No. 7-1990]   A violation of this chapter is a Class A misdemeanor. Each such violation shall, upon conviction, be punishable by a fine not to exceed $1,000 or imprisonment not to exceed 15 days, or both. Multiple violations shall be subject to the maximum penalties allowable by law. § 140-13. Revocation of license. [Amended 9-13-1990 by L.L. No. 7-1990]   Licenses issued under the provisions of this Chapter may be revoked by the Town Board of the Town of East Fishkill after notice and hearing, for any of the following causes: A.Fraud, misrepresentation or false statement contained in the application for license. B.Fraud, misrepresentation or false statement made in the course of carrying on business as a peddler/solicitor/vendor. C.Any violation of this chapter. D.Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. E.Upon the recommendation of the Dutchess County Department of Health that the sale of food or food products or other edibles is being conducted under unsanitary conditions or that there is a violation of law, regulation, code or ordinance cited by the Dutchess County Department of Health. § 140-14. Records.   The Town Clerk shall keep an accurate record of all licenses issued under this chapter. § 140-15. License period. [Amended 9-13-1990 by L.L. No. 7-1990]   A license issued pursuant to this chapter shall be good for one year from date of issuance. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 140, PEDDLING AND SOLICITING                     § 140-16. Renewal.   § 140-16. Renewal.   Application for renewal shall be processed as new applications. The town shall review each application for renewal to determine that: A.The applicant is in full compliance with the provisions of this chapter. B.The applicant has a currently effective insurance policy in the minimum amount provided for in § 140-7. If the town finds that the application meets the above requirements, the town shall issue a license for a period of one year.   Chapter 152, SEWERS [HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.] ARTICLE I, Standards for Sewer Construction [Adopted 4-10-1975] § 152-1. Scope. A.These specifications shall be used for the construction of sewers within the Town of East Fishkill. These include the public sewers within the streets and on rights-of-way and building sewers, including the necessary structures such as manholes, pump stations and appurtenances. These specifications shall be considered to be minimum acceptable standards for construction. B.Upon approval of the Engineer, the owner may use as alternative specifications applicable standards of the Dutchess County Health Department, the New York State Department of Environmental Conservation and other agencies of jurisdiction, if said standards meet or exceed the specifications herein, but the owner in no case shall be allowed to use standards which are less stringent than those listed herein. [Added 1-12-1989 by L.L. No. 1-1989] § 152-2. Definitions.   As used in this article, the following terms shall have the meanings indicated: ASTM -- The numbered specifications of the American Society for Testing and Materials, as revised at the time the design is approved. ENGINEER -- The Engineer for the Town of East Fishkill or his authorized deputy, agent or representative. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 152, SEWERS                 ARTICLE I, Standards for Sewer Construction [Adopted 4- 10-1975]                     § 152-2. Definitions.   OWNER -- The legal owner of the real estate to be improved or such person designated as his agent, in writing, to the Engineer. OWNER'S ENGINEER -- The engineer of record with reference to the sanitary sewer system. § 152-3. Permits.   The owner shall obtain such permits as are necessary for the opening of streets, building permits and such others as are required by local law. These shall be obtained prior to the start of construction and at no cost to the Town of East Fishkill. The owner shall be responsible for payment of all fees required by such local laws. § 152-4. Notice of construction.   The Engineer shall be notified at least seven working days in advance of the start of construction. § 152-5. Judge of quality and suitability. [Amended 1-12-1989 by L.L. No. 1-1989] A.All materials to be used for the permanent construction, as shown on the approved drawings and in the specifications, shall be first class in every respect and subject to the approval of the Engineer who shall be the sole judge of their quality and suitability. B.No shipment or order may be made or installation may begin until five copies of each shop drawing and/or literature is submitted to the Engineer for review. C.If any material brought to the site for use in the work is condemned by the Engineer after arrival at the site, as unsuitable or not in conformity with the specifications, the owner shall immediately remove such materials from the construction site. § 152-6. Approved drawings. [Amended 1-12-1989 by L.L. No. 1-1989]   Approved drawings shall consist of a set of plans and profiles prepared by the owner's engineer and submitted to the Engineer for review and approval as to conformity to the basic municipal sewer plan and the specifications. The Engineer's approval shall be affixed to the drawings, and a copy of such approved drawings shall be on the construction site at all times. No deviation shall be made from the line and grade, or by substitutions of materials, from that shown on the approved drawings, except by written authorization of the Engineer. § 152-7. Drawings of record. [Amended 1-12-1989 by L.L. No. 1-1989]   The owner's engineer shall provide the Engineer with a revised set of permanent reproducible drawings showing the as-built location, sizes and elevations of sewers, manholes, building sewers, building sewer terminations and easements, together with such legal descriptions as are required for proper recording of such easements. § 152-8. Excavation and earthwork. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 152, SEWERS                 ARTICLE I, Standards for Sewer Construction [Adopted 4- 10-1975]                     § 152-8. Excavation and earthwork.   A.Clearing and grubbing. Areas to be excavated or filled areas to be used for the storage of excavated material and areas on which pavements or other structures will be constructed shall be cleared of all trees, brush, hedges, shrubs, rubbish and other objectionable matter. Such material shall be disposed of as approved by the Engineer. B.Stripping. After clearing and grubbing, all topsoil and other organic material shall be stripped within the limits to be graded, excavated or filled. A minimum of six inches of material shall be removed from all unpaved areas. All material removed shall be deposited beyond the limits of the work. The material which is of acceptable quality for use in the work as topsoil shall be kept separate from other excavated material and protected and maintained until needed. All other stripped material shall be considered as surplus and shall be disposed of as directed by the Engineer. C.Excavation. Excavation shall mean the removal from a place of all materials, including soil, structures above and below the ground, rock, topsoil, boggy waste, rubbish, ashes, cinders or organic materials such as peat or humus. D.Limit of excavations. Excavations shall be carried to the dimensions and depths indicated or as necessary to provide a firm base. Excavations carried below the depth necessary shall be refilled to the proper grade with thoroughly compacted foundation material. [Amended 1-12-1989 by L.L. No. 1-1989] E.Protection of existing structures. Excavations made adjacent to or in the proximity of existing structures shall be made with special care and in such manner as not to damage the structures or to disturb the supporting backfill and foundation of such structures. F.Sheeting and bracing. (1)Where excavations are made with vertical sides which require supporting, the sheeting and bracing shall be of sufficient strength to sustain the sides of the excavations and to prevent movement which could in any way injure the work or diminish the working space. Timber for sheeting and bracing shall be rough, square-sawed of any grade having the requisite strength for the purpose intended and shall not split in driving or fabrication. Steel sheet piling shall conform to the requirements of ASTM A-328. Piping shall be of an interlocking pattern and shall be of adequate weight and section to withstand the loads imposed. The owner shall furnish drawings showing sheeting and bracing methods. For excavations over 12 feet in depth, the owner shall certify to the Engineer that the sheeting and bracing design has been checked and approved as adequate and in accordance with existing laws and regulations by a licensed professional engineer, and that sheeting and bracing has been constructed in accordance with the design which was checked and approved by the owner's engineer. Upon request by the Engineer, the owner shall furnish computations and substantiating data for review. Certification for design shall be submitted prior to placing any sheeting and bracing, and certification for construction shall be submitted immediately after sheeting and bracing has been constructed. (2)Where the owner does not propose to sheet and brace excavations, he shall submit a drawing indicating the side slopes he proposes to maintain, and have those slopes certified by the owner's engineer as being safe and in accordance with existing laws and regulations. Upon request by the Engineer, the owner shall furnish design computations and substantiating data for review. If the owner elects to construct trenches using soldier beams and horizontal lagging, all such sheeting and soldier beams more than two feet below the finished surface shall be left in place. G.Explosives and blasting. All state, municipal and other regulations regarding the composition, transportation, storage and use of explosives shall be strictly complied with. The quantity of explosives kept on hand shall not exceed the amount that is necessary to avoid delay in the work. The composition of explosives shall be such as to cause the least amount of injurious fumes. Blasting shall be done with light charges sufficient to loosen the rock without damaging the adjoining or nearby property, or cracking or damaging rock upon or against which masonry is to be built. Whenever, in the opinion of the Engineer, blasting is liable to injure the rock upon or against which masonry is to be built, blasting shall be discontinued and the loosening of the rock continued by wedging and barring or other approved methods. Rock near structures liable to be damaged by blasting shall be loosened by approved means. Licensed blasters shall be employed. [Amended 1-12-1989 by L.L. No.1-1989] H.Responsibility of owner in blasting. The owner will be held responsible for all claims for damage caused by blasting. He shall satisfactorily cover all shots and open-cut excavations and shall take extra precautions when required by the Engineer, and shall at all times exercise caution to prevent accidents. I.Dewatering. The owner shall provide, operate and maintain satisfactory facilities and equipment, including well points, if necessary, with which to collect all water entering excavations or other parts of the work to suitable places for disposal. All excavations shall be kept free of water until the work or structure to be built therein is completed. Approved settling basins and sumps shall be provided for catching and temporarily holding water containing mud, clay, sand or other material in suspension, pumped from excavations. Such basins shall be large enough to allow storage time for the settlement of such suspended matter. The settled material shall be cleaned out frequently and disposed of in conformity with all governing agency regulations. Lowering of groundwater to the injury or detriment of other structures shall be part of the owner's risk and responsibility. The owner shall repair or replace to the satisfaction of the owner any structure damaged as a result of lowering of groundwater. [Amended 1-12-1989 by L.L. No. 1-1989] J.Storage disposal. Excavated material which is suitable and approved for backfill and fill shall be placed in storage piles unless/or until it can be placed in the work. It shall not be placed close to the sides of excavations where the weight of the material could create a surcharge on such sides whether sheeted or not. K.Borrow. Where additional material to that available from the work is required for backfill and fill or other purposes, it shall be obtained by the owner from outside sources. Borrow material shall be subject to approval by the Engineer. L.Backfill and fill. All backfill and fill, unless otherwise specified, shall consist of suitable and selected approved earth, generally from storage of approved excavated soil, free from rejected organic matter, boggy, peaty, humus or other unsuitable material such as silt, rubbish, waste, ashes or cinders. If sufficient suitable material for backfill and fill is not available from the excavated material as determined by the Engineer, the owner shall procure elsewhere a sufficient quantity of suitable material and shall furnish and place such material. Frozen earth shall not be used for backfill and fill. All rocks and stones more than six inches in the largest dimension shall be removed from accepted earth for backfill and fill. M.Placing and compacting backfill and fill. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 152, SEWERS                 ARTICLE I, Standards for Sewer Construction [Adopted 4- 10-1975]                     § 152-8. Excavation and earthwork.   (1)Backfill and fill shall be made to the slopes, grades and elevations required. (2)Backfill shall not be placed until the structure has been inspected in place and approved by the Engineer. Backfilling shall be carried out as soon as possible after such approval. The extent of pipe trench kept open shall be kept to a minimum. Backfill and fill shall be placed in layers not more than 12 inches thick, except as specified otherwise by the Engineer. Each layer shall be compacted thoroughly, evenly and in such manner to provide practically unyielding surfaces. The moisture content of the materials shall be such that proper compaction shall be obtained. (3)Trenches shall be backfilled to a depth not less than 12 inches above the top of the pipe or other structure therein for the full width of the trench. Such backfill shall be uniformly placed on each side of the pipe in six-inch layers where it is required and firmly compacted by approved mechanical tamping equipment. Care shall be taken not to damage the pipe or structure. (4)After a compacted coverage of 12 inches has been made, the remainder of the trench shall be compactly filled in an approved manner to a density of at least equal to that of the adjacent undisturbed soil, so as to avoid future unequal settlement. Puddling for compaction will not be permitted except with coarse to medium granular materials. Bulldozing of backfill material into trenches will be prohibited unless it is done in uniformly spread layers not over 12 inches thick or six inches thick under pavements, and each layer immediately machine tamped. Where sheeting is withdrawn, all cavities left thereby shall be filled with suitable granular earth, hosed or tamped in place so as to fill all voids thoroughly. Backfill and fill shall be carried to a subgrade which permits topsoil or paving of the required depth to be placed to bring it to the finished grade. As far as practicable, the underlying backfill and fill shall be given time to settle through several heavy rains or by artificial wetting before the topsoil and paving is placed. (5)All material shall be compacted to 95% standard proctor density (per ASTM: D698 method). If any compaction is questioned by the Engineer, the owner shall supply test results to verify the compaction. [Added 1-12-1989 by L.L. No. 1-1989] N.Foundation material. Foundation material shall consist of hard and clean gravel or crushed stone. It shall be free from any considerable amount of flat, laminated or elongated particles and shall be free from shells, clay, limestone, shale or other deleterious matter. Gravel or crushed stone shall be graded from 1/4 inch to No. 4 sieve size. Foundation material shall be placed and firmly compacted by mechanical compacting equipment. Care shall be taken to place and compact material under pipe haunches. § 152-9. Manholes. A.Materials. (1)Segmental concrete blocks shall conform to the requirements of ASTM: C139. (2)Precast concrete pipe manhole risers shall conform to the requirements of ASTM: C478, except that joints shall conform to the requirements of ASTM: C443 with rubber rings conforming to ASTM: D1869. (3)Mortar shall consist of two parts portland cement and five parts sand thoroughly mixed in the required proportions before adding water. (4)Grout shall consist of Type 1 and Type 2 portland cement and fine sand and shall contain a compound that will eliminate shrinkage of the grout. The nonshrink grout compound shall be equal to Sika Kemox-C and shall be used in strict accordance with the manufacturer's recommendations. B.Construction. Manholes shall be constructed of precast concrete manhole risers in accordance with the details furnished by the Engineer. The waterways of all manholes shall be formed of the same size and shapes as the pipes they connect to. Changes in diameter shall be made gradually and evenly. Special care shall be taken to form channels that will provide the best hydraulic conditions for smooth flow. Steel trowel finish shall be provided. Slopes shall be provided on the benches adjacent to the waterways as shown. Masonry for adjustment of height of manhole chimneys shall be laid in a full bed of mortar with mortar spread on the sides and ends of each unit filled solidly as the work is carried out. The inside of the block and the exterior surface of brick or block shall be rubbed with a burlap sack to clean it of spilled mortar. The exterior surface of brick or block shall be plastered with a one-half-inch layer of mortar. Watertight joints shall be secured between the masonry and the precast concrete on which it rests. [Amended 1-12-1989 by L.L. No. 1-1989] C.Appurtenances. Manholes, frames and covers shall be of the best quality, close-grained, gray iron castings conforming to the requirements of ASTM: A48 Class 30. Standard manhole frames and covers shall be equal to Campbell Foundry Company Pattern No. 1203. Frames and covers for shallow manholes shall be equal to Campbell Foundry Company Pattern No. 4430. Covers shall bear the words "East Fishkill" and "Sewer." Letters shall be two-inch flat Gothic. The castings shall be free from faults, sponginess, cracks, blowholes and other defects affecting their strength, and shall be properly cleaned and coated with a waterproof asphalt applied by immersion while castings are hot. Frames and covers shall be machined to ensure a nonchattering fit. Manhole frames shall be set to grade on a full bed of grout. [Amended 1-12-1989 by L.L. No. 1-1989] § 152-10. Pipe. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 152, SEWERS                 ARTICLE I, Standards for Sewer Construction [Adopted 4- 10-1975]                     § 152-10. Pipe.   A.[Amended 1-12-1989 by L.L. No. 1-1989] Pipe and fitting materials. Materials for pipe and fittings shall be in accordance with the following schedule: Pipe MaterialStandardClassNotes   ConcreteASTM: C-14Extra strength   Reinforced concreteASTM: C-76As specified(1)   SDR 35 PVCASTM: D3034As specified ANSI: A21.51   Ductile ironASA: A21.6 ASA: A21.8As specified(2) ASA: A21.10 _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 152, SEWERS                 ARTICLE I, Standards for Sewer Construction [Adopted 4- 10-1975]                     § 152-10. Pipe.   NOTES: (1)Only circular reinforcement will be permitted. Special designed pipe noted as Class VI shall have the following minimum three-edge-bearing test loads.   (a)D-load to produce a 0.01 inch crack: 3000 lbs./lin. ft.   (b)D-load to produce ultimate failure: 4500 lbs./lin. ft.   (2)All ductile iron fittings and joint types shall be proposed for specific uses and approved by the Engineer. All fittings and joints shall be compatible with the pipe being utilized. B.[Amended 1-12-1989 by L.L. No. 1-1989] Pipe joints. All pipe joints shall be of a flexible type and shall be in accordance with the following schedule: Pipe MaterialStandardNotes   ConcreteASTM: C43(1)   Reinforced concreteASTM: C443(1) _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 152, SEWERS                 ARTICLE I, Standards for Sewer Construction [Adopted 4- 10-1975]                     § 152-10. Pipe.   SDR 35 PVCASTM: D3034 ASTM: F477 ASTM: D3212   Ductile ironANSI: 21.10   NOTES: (1)Pipe joints shall be designed to meet the sheer loading requirements of ASTM: C425.   (2)Rubber rings shall conform to ASTM: D1869 and shall be of the oil-resistant type.   (3)United States Pipe and Foundry Company. Tyton Joint may also be used. (4)Where tied joints are required they shall be designed to resist the tensile loads, including water hammer. Anchorages and pipe shall be proportioned accordingly. C.Choice of pipe. [Amended 1-12-1989 by L.L. No. 1-1989]. (1)The choice of pipe shall be optional with the owner. The pipe type selected shall be suitable for use in particular installations and loadings. All pipe types shall conform to approved Dutchess County Department of Health and New York State Department of Environmental Conservation standards. The Town of East Fishkill, on the advice of the duly appointed Engineer, reserves the right to specify specific pipe types for certain installations. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 152, SEWERS                 ARTICLE I, Standards for Sewer Construction [Adopted 4- 10-1975]                     § 152-10. Pipe.   (2)Unless otherwise noted, no change in the class or material of sewer pipe shall be made between adjacent manholes, and the greatest depth of trench between the two adjacent manholes shall govern the class of pipe used for that particular section of sewer. (3)The drawings submitted to the Engineer by the owner shall contain a detailed list of the type of pipe to be used for the various sections of the work with the limits designated by street and station. D.Shop tests. The owner shall conduct or cause to have conducted tests for strength on selected lengths of pipe prior to and while furnishing the pipe. The owner shall notify the Engineer a minimum of five days prior to the date of testing so that the test may be witnessed. Strength test shall be in accordance with appropriate test measures of ASTM and ANSI standards for the pipe being utilized. [Amended 1-12-1989 by L.L. No. 1-1989] E.Pipe laying. [Amended 1-12-1989 by L.L. No. 1-1989] (1)All pipe and fittings shall be installed to the lines and elevations shown on the drawings approved by the Engineer and in accordance with the manufacturer's requirements. In general, all pipe shall be laid in accordance with the agreed requirements of ASTM: C12, utilizing foundation material as specified under Section S1 and the applicable portions of Ductile Iron Pipe Research Association Handbook or other applicable regulating authority. Pipe and fittings shall be installed to the proper line and grade preferably by utilizing a laser alignment instrument that is accepted by the Engineer. If the preferred installation method employing a laser instrument is not used, then alignment shall be maintained by stretching a guideline parallel to and at a determined distance above the pipe invert. The line shall be tight and shall be supported at the required elevation every 25 feet. The invert of each successive pipe shall be checked for alignment and elevation with the guideline. Suitable tools and equipment shall be used for proper handling, storage and laying pipe and fittings. In order to avoid damage to interior coatings of pipe, lifting hooks or bars shall not be inserted therein. Each pipe and fitting shall be checked for defective injuries as laying proceeds. Imperfect pipe material shall be rejected and removed from the work. Pipe found to be defective after laying shall be removed and replaced by undamaged pipe. Pipe shall be cut as required to meet required structures and/or stations. Where pipe must be cut to fit as closing pieces, such cuts shall be evenly and squarely made in a workmanlike manner with approved equipment. Injury to linings and coatings shall be satisfactorily repaired. (2)All pipe joints shall be made in accordance with the manufacturer's recommendations. Unless otherwise permitted, all finished joints of all kinds of pipe shall be left exposed for inspection and acceptance by the Engineer. F.Pipe flotation. Inasmuch as the submerging of the empty pipeline could cause flotation, the owner's attention is directed to the necessity of conducting his operations in such a manner as to prevent flooding of the trenches until the backfill has been placed. Wherever there is a danger to flooding prior to placing backfill, the pipe shall be filled with water or adequately braced to the sheeting to prevent flotation. The owner shall be responsible for relaying any pipe damaged or moved from proper line and grade. G.Sewer kept clean. The interior of the sewer shall be clean of dirt, cement and superfluous materials of every description and kept clean as the next section of the pipe is laid. During the progress of the work, the exposed ends of the pipe shall be provided with temporary covers fitted to the pipe so as to exclude earth and other materials. On completion of the sewer, the lower end shall be securely closed by an approved bulkhead or plug, which shall be removed only on order of the Engineer. H.Field tests. (1)The owner shall furnish all labor, testing equipment and materials and shall perform the tests described herein under the supervision and to the satisfaction of the Engineer. (2)Alignment and openness of joints shall be checked with reflected sunlight and flashlights and, if necessary, wooden balls and water. The pipe shall be true to both line and grade, shall be free of cracks and protruding joint materials and shall be clean. (3)Exfiltration or infiltration tests shall be conducted on completed sections of the sewers not to exceed 1,000 feet in length, and each test duration shall be not less than eight hours. Shorter test sections may be required for sewers laid on steep grades. All required pumping shall be carried out. (4)Sewer pipes shall be tested for exfiltration if they are located partially or entirely above the groundwater table at the time of testing. Plugs shall be provided in manholes to isolate the test section. The pipe and manholes shall be filled with water to provide, at the high points of the test section, a minimum head of five feet above groundwater or the top of the pipe, whichever is higher. Approved standpipes or test pits shall be provided to check the groundwater levels. This level must be maintained for the duration of the test. Volumetric measurement of the water added shall be made. Exfiltration shall be limited to a maximum of 4.2 gallons per hour per inch of internal diameter per mile of sewer pipe (100 gallons/inch diameter/mile/day). [Amended 1-12-1989 by L.L. No. 1-1989] (5)Sewer pipes located entirely below the groundwater table at the time of testing shall be tested for infiltration. Groundwater levels must be permitted to return to their normal levels prior to the test. Infiltration shall be checked using weirs, gauges and other measuring devices approved by the Engineer. Temporary bulkheads shall be provided to shut off all flow from above the section to be tested, and pumps shall be provided downstream from the weir to keep it continuously drained for the duration of the test. Infiltration shall be limited to a maximum of 4.2 gallons per hour per inch of internal diameter per mile of sewer pipe (100 gallons/inch diameter/mile/day). In addition, the owner and Engineer shall together inspect the interior of all pipe in wet weather, and all obvious leaks shall be repaired even though the total infiltration meets the requirements. [Amended 1-12-1989 by L.L. No. 1-1989] (6)For purpose of determining the maximum permissible infiltration and exfiltration, an allowance of 1/2 gallon per manhole per hour shall be assumed. However, no allowance shall be made for the various lengths of building sewers. If infiltration or exfiltration exceeds the specified amounts, the owner shall do whatever is necessary to reduce the infiltration and exfiltration to within the specified limit, as approved. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 152, SEWERS                 ARTICLE I, Standards for Sewer Construction [Adopted 4- 10-1975]                     § 152-10. Pipe.   (7)Force mains shall be bulkheaded as required and tested for leakage at a constant test pressure 10 pounds per square inch higher than the anticipated working pressure of the pipe under operation. The duration of the test shall not be less than four hours, and leakage shall not exceed 21/2 gallons per hour per inch of internal diameter per mile of pipe (60 gallons/inch diameter/mile/day). [Amended 1-12-1989 by L.L. No. 1-1989] § 152-11. Building sewers. A.Building sewers. (1)A building sewer shall be extended from the public sewer to within five feet of the inside face of the building foundation in a location which permits ready connection to the building drain. The building sewer shall be reviewed by the Engineer as to suitability of location, depth and slope. (2)The actual location of the end of the building sewer shall be indicated on the working drawings filed with the Engineer. Residential building sewers shall be uniformly four inches in diameter from public sewer to building drain and shall be constructed of SDR-35 PVC or Ductile Iron pipe. Adaptors shall be used where required. Larger pipe sizes may be required as determined by the Engineer or Building Inspector. [Amended 1-12-1989 by L.L. No. 1-1989] B.Building sewers for commercial installations. Building sewers for commercial installations shall be not less than six inches in diameter from the public sewer to the building line and shall be constructed of the materials hereinbefore specified. The size of the building sewer for commercial installations is subject to review by the Engineer, depending upon the intended usage and flow requirements. C.Bends. All major bends in building sewers shall be by standard fittings. Minor deflections may be made in building sewers without the use of fittings. Fittings shall demonstrate the same strength characteristics as the building sewer. D.Requirements. Building sewers shall be laid at a uniform grade of not less than 1/8 inch per foot.   Chapter 159, STREETS AND SIDEWALKS [HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.] ARTICLE I, Driveways [Adopted 8-8-1974 as Ch. 37 of the 1974 Code] § 159-1. Permit required before construction.   No driveway which shall enter upon a town highway shall be constructed without first obtaining a permit as hereinafter provided. A.The developer or property owner shall obtain a driveway entrance permit from the Town Superintendent of Highways and shall construct all driveway entrances to the satisfaction of the Town Superintendent of Highways. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 159, STREETS AND SIDEWALKS                 ARTICLE I, Driveways [Adopted 8-8-1974 as Ch.  37 of the 1974 Code]                     § 159-1. Permit required before construction.   B.Driveway entrance, curbing, gutter, drainage ditch and roadway interface shall be constructed so as: (1)Not to channel drainage water from driveway onto or across the roadway. (2)Not to channel drainage water from roadway onto driveway. (3)Not to interfere with drainage flow along curbing, gutter or drainage ditch. § 159-2. Changes to existing driveway entrances.   Any changes or improvements made to driveway entrances existing at the time of adoption of this article shall require a driveway entrance permit and conformance with all provisions of this article. § 159-3. Bond required. [Added 9-8-1977 by L.L. No. 8-1977]   The application for a driveway entrance permit must be accompanied by a bond, in an amount to be fixed from time to time by the Town Board by resolution, guaranteeing that the applicant will complete the construction of the driveway entrance within one year in accordance with the plans and specifications approved by the Superintendent of Highways. § 159-4. Penalties for offenses.   A violation of this article shall constitute an offense punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days. ARTICLE II, Notification of Defects [Adopted 4-14-1977 by L.L. No. 4-1977] § 159-5. Prior notice of conditions on highways, bridges and culverts required.   No civil action shall be maintained against the Town of East Fishkill or the Town Superintendent of Highways of the Town of East Fishkill or against any improvement district in the Town of East Fishkill for damages or injuries to person or property sustained by reason of any highway, bridge, culvert or any other property, either real or personal, of any type or description, owned by the Town of East Fishkill, or any property owned by any improvement district therein, being defective, out of repair, unsafe, dangerous or obstructed, unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge, culvert or any other property owned by the Town of East Fishkill or any property owned by any improvement district was actually given to the Town Clerk of the Town of East Fishkill or the Town Superintendent of Highways of the Town of East Fishkill and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of. No such action shall be maintained for damages or injuries to persons or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge, culvert or any other property owned by any improvement district in the Town of East Fishkill, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of East Fishkill or the Town Superintendent of Highways of the Town of East Fishkill and there was a failure or neglect to cause such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after receipt of such notice. § 159-6. Prior notice of conditions on sidewalks required.   No civil action shall be maintained against the Town of East Fishkill and/or the Town Superintendent of Highways of the Town of East Fishkill for damage or injuries to person or property sustained by reason of any defect in the sidewalks of the Town of East Fishkill or in consequence of the existence of snow or ice upon any of its sidewalks, unless such sidewalks have been constructed or are maintained by the Town of East Fishkill or the Superintendent of Highways of the Town of East Fishkill pursuant to statute; nor shall any action be maintained for damages or injuries to person or property sustained by reason of such defect or in consequence of such existence of snow or ice, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of East Fishkill or to the Superintendent of Highways of the Town of East Fishkill and there was a failure or neglect to cause such defect to be remedied, such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 159, STREETS AND SIDEWALKS                 ARTICLE II, Notification of Defects [Adopted 4-14- 1977 by L.L. No. 4-1977]                     § 159-7. Disposition of notices;  responsibility for corrective action.   § 159-7. Disposition of notices; responsibility for corrective action. EN   The Town Superintendent of Highways of the Town of East Fishkill shall transmit, in writing, to the Town Clerk of the Town of East Fishkill, within 10 days after receipt thereof, all written notices received by him pursuant to this chapter, and he shall take any and all corrective action with respect thereto as soon as possible. § 159-8. Index record of notices to be maintained.   The Town Clerk of the Town of East Fishkill shall keep an index record, in a separate book, of all written notices which shall be received on the existence of a defective, unsafe, dangerous or obstructed condition in or upon, or of an accumulation of ice and snow upon, any town highway, bridge, culvert or sidewalk or any other property described in § 159-5 by the Town of East Fishkill or any improvement district, which record shall state the date of the receipt of the notice, the nature and location of the condition stated to exist and the name and address of the person from whom the notice is received. The record of such notice shall be preserved for a period of five years from the date it is received. The Town Clerk, upon receipt of such written notice, shall immediately and in writing notify the Town Superintendent of Highways of the Town of East Fishkill of the receipt of such notice. § 159-9. Scope.   Nothing contained in this chapter shall be held to repeal, modify or waive any existing requirement or statute of limitations which is applicable to these causes of actions but, on the contrary, this chapter shall be held to be additional requirements to the right to maintain such action; nor shall anything herein contained be held to modify any existing rule of law relative to the question of contributory negligence, nor to impose upon the Town of East Fishkill, its officers and employees and any of its improvement districts any greater duty or obligations than that it shall keep its streets and sidewalks fit for public use and travel.   Chapter 163, SUBDIVISION OF LAND [HISTORY: Adopted by the Town Board of the Town of East Fishkill 8-8-1974 as Ch. A71 of the 1974 Code. Amendments noted where applicable.] GENERAL REFERENCES Planning Board -- See Ch. 33. Zoning -- See Ch. 194. Highway specifications -- See Ch. A197.  ARTICLE I, General Provisions § 163-1.  Authority of Planning Board. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE I, General Provisions                     § 163-1.  Authority of Planning Board.   By authority of the resolution adopted by the Town Board pursuant to the provisions of § 276 of the Town Law, the Planning Board has the power and authority to approve plats for subdivisions within the town. EN In order that land will be subdivided in accordance with the following statements of intent, these regulations are hereby adopted.  § 163-2.  Title. These regulations shall be known as and may be cited by the title "Subdivision Regulations, Town of East Fishkill."  § 163-3.  Policy and objectives. It is declared to be the policy of the Planning Board to consider land subdivisions as a part of the orderly and desirable development of land guided by the following regulations. These regulations provide a procedure and standards. Their intent is to encourage the most appropriate and best development of land in order to protect and promote the general welfare, which is intended to include the following:  A.To assure that land to be subdivided will produce building sites of such character and area that will permit their development for homes or buildings without danger to health or peril from fire, flood or other menace.  B.To facilitate the adequate and efficient provision of community facilities, services and utilities. The most desirable and appropriate systems for drainage, water supply, sewage disposal and other needed improvements, including any appropriate parks and playgrounds, shall be required.  C.To promote the safe and convenient circulation of vehicles and pedestrians. Roads and streets shall be designed, located and constructed so as to accommodate current traffic and future traffic where required.  D.To restrain the destruction of the natural character of the land and promote the conservation of all elements of topography and vegetation which contribute to the natural beauty of the land.  E.To provide, through all subdivision planning and development, for the privacy of family residence while enhancing the general appearance of the community.     ARTICLE II, Definitions § 163-4.  Terms defined. As used in this chapter, the following terms shall have the meanings indicated:  ARTERIAL STREET  -- A street which serves or is designed to be used primarily for fast or heavy traffic.   CLUSTER SUBDIVISION or CLUSTER DEVELOPMENT  -- A subdivision plat or plats, approved pursuant to Town Law § 278 and the provisions of the Town of East Fishkill Code, in which the Zoning Law is modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines, and other infrastructure, parks, and landscaping in order to preserve the natural and scenic qualities of open lands. [Added 11-14-2002 by L.L. No. 7-2002]   _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE II, Definitions                     § 163-4.  Terms defined.   COLLECTOR STREET  -- A street which carries traffic from minor streets to the major system of arterial streets; the principal entrance and circulation streets within a development.   CONDITIONAL APPROVAL OF A FINAL PLAT  -- Approval by a Planning Board of a final plat subject to conditions set forth by the Planning Board in a resolution conditionally approving such plat. Such conditional approval does not qualify a final plat for recording nor authorize issuance of any building permits prior to the signing of the plat by a duly authorized officer of the Planning Board and recording of the plat in the office of the County Clerk or Registrar as herein provided. [Added 6-14-2001 by L.L. No. 3-2001]   CUL-DE-SAC  -- A dead-end street or a portion of a street having only one vehicular outlet.   DWELLING UNIT, ATTACHED  -- A dwelling unit having common walls with two or more other dwelling units. In cluster subdivisions, attached unit structures shall not exceed four units. [Added 3-28-1985 by L.L. No. 6-1985]   DWELLING UNIT, SEMIDETACHED  -- A dwelling unit which has a common wall, floor or ceiling with only one other dwelling unit. [Added 3-28-1985 by L.L. No. 6-1985]   EASEMENT  -- Authorization by a property owner for the use by another, for a specified purpose, of any designated part of his property.   FINAL PLAT (formerly known as "subdivision plat")  -- A drawing, prepared in the manner prescribed by this code, that shows a proposed subdivision, containing in such additional detail as required in this code all information required to be shown on a preliminary plat and the modifications, if any, required by the Planning Board at the time of approval of the preliminary plat, if such preliminary plat has been so approved. [Added 6-14-2001 by L.L. No. 3-2001]   FINAL SUBDIVISION PLAT APPROVAL  -- The signing of a plat in final form by a duly authorized officer of a Planning Board pursuant to a Planning Board resolution granting final approval to the plat or after conditions specified in a resolution granting conditional approval of the plat are completed. Such final approval qualifies the plat for recording in the office of the County Clerk or Registrar in the county in which such plat is located. [Added 6-14-2001 by L.L. No. 3-2001]   FLAG LOT  -- A lot which has its buildable area (the so-called "flag") located behind another lot, either existing or proposed, and which derives access by means of a narrow strip of land (sometimes referred to as "the flagpole") which has frontage on a street. A flag lot allows the potential for the creation of two lots, one generally behind the other, which derive access from the same street. [Added 11-14-2002 by L.L. No. 9-2002]   LOT, FLAG  -- See "flag lot." [Added 11-14-2002 by L.L. No. 9-2002]   MINOR STREET  -- A street intended to serve primarily as an access to abutting residential properties.   OFFICIAL MAP  -- The map and any amendments thereto adopted by the Town Board under § 270 of the Town Law or by the county under § 239-h of the General Municipal Law.   OFFICIAL SUBMITTAL DATE  -- The date when a sketch plan, a preliminary plat or a subdivision plat shall be considered submitted to the Planning Board, hereby defined to be the date of the meeting of the Planning Board at least 10 days after all required surveys, plans and data have been submitted.   PLANNING BOARD, BOARD  -- The Town of East Fishkill Planning Board.   PRELIMINARY PLAT  -- A drawing prepared in the manner prescribed in this code showing the layout of a proposed subdivision including, but not restricted to, road and lot layout and approximate dimensions, key plan, topography and drainage, all proposed facilities unsized, including preliminary plans and profiles, at suitable scale and in such detail as this code requires. [Amended 6-14-2001 by L.L. No. 3-2001]   _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE II, Definitions                     § 163-4.  Terms defined.   PRELIMINARY PLAT APPROVAL  -- The approval of the layout of a proposed subdivision as set forth in a preliminary plat, but subject to the approval of the plat in final form in accordance with the provisions of this code. [Added 6-14-2001 by L.L. No. 3-2001]   RESUBDIVISION  -- A change in a subdivision plat previously approved and filed in the County Clerk's office, which change [Amended 6-14-2001 by L.L. No. 3-2001]   A.Affects any street layout shown on such plat;   B.Affects any area reserved thereon for public use; or   C.Diminishes the size of any lot, or changes or alters the boundaries, lot lines or dimensions of any lot, plot or site, including so-called "lot-line realignments."     SKETCH PLAN  -- A freehand sketch made on a topographic survey map, showing the proposed subdivision in relation to existing conditions.   STREET PAVEMENT  -- The wearing or exposed surface of the roadway used by vehicular traffic.   STREETS  -- A right-of-way for vehicular traffic, including road, avenue, lane, highway or other way.   STREET WIDTH  -- The distance between property lines.   SUBDIVIDER  -- Any person, firm, corporation, partnership, association or other entity who shall lay out any subdivision, or resubdivision, or part thereof, either on behalf of himself or for another or others. [Amended 6-14-2001 by L.L. No. 3-2001]   SUBDIVISION  -- The division of any parcel of land into two or more lots, plots, or sites, with or without streets or highways, for the purpose, with respect to any portion of the original parcel, of immediate or future development, or for the immediate or future sale, lease or any other transfer of any interest in any portion of such original parcel. The term "subdivision" shall include a resubdivision. EN [Amended 6-14-2001 by L.L. No. 3-2001]   SUPERINTENDENT  -- The duly elected Town Superintendent of Highways or other such authorized official.   TOWN PLAN  -- A comprehensive plan for the development of the town as prepared by the Planning Board pursuant to § 272-a of the Town Law, which includes the general locations recommended for various public works and reservations and for the general physical development of the town, and includes any part of such plan separately adopted and any amendment to such plan or parts thereof.    ARTICLE III, Procedure § 163-5.  Approval required. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE III, Procedure                     § 163-5.  Approval required.   Whenever any subdivision of land is proposed, before any offer or contract is made to sell any part or the entire subdivision, the subdivider shall apply in writing for approval of the proposed subdivision in accordance with the following procedure.  § 163-6.  Preliminary consideration. Before the subdivision of land, the owner or his representative shall meet with the Planning Board or its representative to express general intent to subdivide and determine sketch plan requirements.  § 163-7.  Sketch plan.  A.Submission of sketch plan. The subdivider shall submit three copies of sketch plan map and data for the proposed subdivision to the Planning Board at least 10 days before a regular meeting of the Board.  B.Required information for sketch plan. The plan should show at least the following information:  (1)A location map at a scale of 2,000 feet to the inch, indicating the relationship of the proposed subdivision to existing community facilities which serve it, such as roads, shopping areas and schools.  (2)A topographic map of the area to be subdivided, showing in simple sketch form the proposed layout of streets, lots and other features.  (3)General information necessary to explain and/or supplement the location map and sketch plan.  (4)Map of environmentally sensitive lands. [Added 11-14-2002 by L.L. No,. 2-2002]    C.Sketch plan study, modification and approval. The Planning Board shall review the sketch plan and within 30 days of the official submission date shall inform the applicant that the proposed subdivision as submitted or as modified will meet the objectives of these regulations. In the event the sketch plan is found unacceptable, the applicant will be asked to submit a new plan before proceeding with a preliminary plat submission.  D.Intent of sketch plan phase. The sketch plan phase in the procedure is for the convenience of the applicant and therefore is an optional step on behalf on the applicant. It is the intention of the Board to afford an opportunity to meet with the applicant and review the various requirements of this regulation prior to his presenting a formal preliminary plat for review and approval.    § 163-8.  Preliminary plat.  A.Application and fee. Prior to filing an application for the approval of a subdivision plat, the applicant shall file an application for the approval of a preliminary plat. The application shall:  (1)Be made in triplicate on forms available at the Town Clerk's office.  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE III, Procedure                     § 163-8.  Preliminary plat.   (2)Include the total holdings of the applicant and indicate the portion thereof that is proposed for subdivision.  (3)Be accompanied by three copies of the preliminary plat and other supplementary material required by these regulations.  (4)Comply in all respects with the requirements and design standards of these regulations and with the provisions of §§ 276 and 277 of the Town Law.  (5)Comply in all respects with the requirements of other governmental agencies having jurisdiction in the review procedure of subdivisions.  (6)Be accompanied by a fee as set from time to time by the Town Board. [Amended 12-11-1986 by L.L. No. 5-1986; 6-28-1994 by L.L. No. 4-1994; 6-14-2001 by L.L. No. 3-2001]  (7)Comply with the State Environmental Quality Review Act. A preliminary plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion. [Added 6-14-2001 by L.L. No. 3-2001]  (8)Agricultural data statement. If any portion of the project is located on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in an agricultural district, the application must include an agricultural data statement containing the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district, which land contains farm operations and is located within 500 feet of the boundary of the property upon which the project is proposed; and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement. [Added 6-14-2001 by L.L. No. 3-2001]    B.Study of preliminary plat. The Planning Board will carefully study the preliminary plat, taking into consideration the requirements of the community, the use of the land being subdivided and the policy set forth in these regulations. Particular attention will be given to:  (1)The proposed arrangement, location and width of streets.  (2)The relation of proposed streets to the topography of the land.  (3)Sewage disposal.  (4)Drainage.  (5)Proposed lot sizes, shape and layout, including the appropriate number of lots in compliance with the Zoning Law provisions and compliance with the minimum buildable area provisions of the Zoning Law. EN [Amended 11-14-2002 by L.L. No. 2-2002]  (6)Future development of adjoining land.  (7)The requirements of the Town Plan and the Official Map.  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE III, Procedure                     § 163-8.  Preliminary plat.   (8)Matters enumerated in § 277 of the Town Law.  (9)The potential environmental impact of the proposed action. The agricultural data statement, if any, shall be considered regarding the possible impacts of the proposed project upon the functioning of farm operations within the relevant agricultural district. The Clerk of the Planning Board shall mail written notice of any application requiring an agricultural data statement to the owners of land as identified in such statement. Such notice shall include a description of the proposed project and its location, and may be sent with any other notice required by law. [Added 6-14-2001 by L.L. No. 3-2001]    C.Applicant to attend meeting. The applicant shall be prepared to attend a regular meeting of the Planning Board to discuss the preliminary plat and the Planning Board's tentative conclusions.  D.Public hearing. [Amended 6-14-2001 by L.L. No. 3-2001]  (1)The Planning Board shall hold a public hearing on the preliminary plat within the applicable time period provided in Town Law § 276, and advertise such hearing according to the provisions of that section. The Planning Board may open the public hearing prior to the adoption of a finding of significance in order to obtain public comment on the issues of environmental concern. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened, unless the applicant has consented to a further continuation.  (2)Approval only constitutes an affirmative expression to the proposed development submitted in the preliminary plat, which is to guide the formulation of the final subdivision plat. Prior to final approval of the subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in its final form.    E.Decision. [Amended 6-14-2001 by L.L. No. 3-2001]  (1)Prior to making a decision on the preliminary plat, the Planning Board shall make a determination of significance under the State Environmental Quality Review Act.  (2)The Planning Board shall render a decision to approve, with or without modification, or disapprove the preliminary plat within the applicable time period provided in Town Law § 276. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. In approving a preliminary plat, the Planning Board shall state in writing any modifications it deems necessary for submission of the plat in final form.  (3)Approval only constitutes an affirmative expression to the proposed development submitted in the preliminary plat, which is to guide the formulation of the final subdivision plat. Prior to final approval of the subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in its final form.    F.Certification and filing of preliminary plat. Within five business days of the adoption of the resolution granting approval of such preliminary plat, such plat shall be certified by the Clerk of the Planning Board as having been granted preliminary approval, and a copy of the plat and resolution shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner. EN  G.Filing of decision. Within five business days from the date of adoption of the resolution stating the decision of the Board on the preliminary plat, the Chairman or other duly authorized member of the Planning Board shall cause a copy of such resolution to be filed in the office of the Town Clerk.EN  H.Revocation of approval of preliminary plat. Within six months of the approval of the preliminary plat the owner must submit the plat in final form. If the final plat is not submitted within six months, approval of the preliminary plat may be revoked by the Planning Board.EN    § 163-9.  Subdivision plat.  A.Application procedure. Within six months after the date approval of the preliminary plat was granted, the applicant shall file with the Planning Board an application for approval of a subdivision plat. The application shall:  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE III, Procedure                     § 163-9.  Subdivision plat.   (1)Be made on forms provided by the Planning Board.  (2)Include the entire subdivision or a section thereof which derives access from a street improved to town standards and accepted by the town or a street for which a bond covering such improvement is held by the town.  (3)Be accompanied by six copies of the subdivision plat and other supplementary material required by these regulations.  (4)Comply in all respects with the preliminary plat as approved.  (5)Comply in all respects with the state and local laws and with the ordinances, rules, regulations or resolutions and requirements of county and state agencies having jurisdiction in the subdivision review process.  (6)Comply with the improvement requirements of these regulations.  (7)Be presented to the Planning Board at least 15 days prior to a regular meeting of the Board.    B.Study of final plat; public hearing; decision. EN  (1)Upon receipt of a final plat, the Board shall examine it to determine if it is in substantial agreement with the approved preliminary plat. If the final plat is in substantial agreement with a preliminary plat, approved pursuant to this section, the Planning Board shall by resolution conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days of its receipt by the Clerk of the Planning Board.  (2)If the final plat is not in substantial agreement with the approved preliminary plat, the Planning Board shall hold a public hearing on the final plat within the applicable time period provided in Town Law § 276, and advertise such hearing according to the provisions of that section. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened, unless the applicant has consented to a further continuation.  (3)The Planning Board shall by resolution conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat within the applicable time period provided in Town Law § 276. The conditions imposed, if any, and the grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.    C.Certification and signature of final plats.EN  (1)Within five business days of the adoption of the resolution granting conditional or final approval of the final plat, the Clerk of the Planning Board shall certify such plat as having been granted conditional or final approval, and shall file a copy of such approval resolution, including a list of the conditions and requirements which must be completed prior to the signing of the plat, in his/her office. The Planning Board Clerk shall also mail a copy of the resolution, and any list of conditions, to the owner.  (2)Conditional approval of the final plat shall expire within 180 days after the resolution granting such approval unless all requirements stated in such resolution have been certified as completed. The Planning Board may extend by not more than two additional periods of 90 days each, the time in which a conditionally approved plat must be submitted for signature if, in the Planning Board's opinion, such extension is warranted by the particular circumstances.    D.Approval of plat in sections. In granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided and developed in two or more sections and may in its resolution granting conditional or final approval state that such requirements as it deems necessary to ensure the orderly development of the plat be completed before said sections may be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the sections of a final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the Planning Board.EN  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE III, Procedure                     § 163-9.  Subdivision plat.   E.Signing of plat. Upon proof of timely completion of all conditions and requirements imposed at the time of conditional approval, the plat shall be signed by the Chair of the Planning Board, or, in his absence, by the Vice Chair. The plat shall also carry the following note:         NOTE: The roadway and storm drainage system construction will be jointly inspected by the Town Engineer and the developer's engineer. The developer's engineer must certify to construction compliance upon completion of the project.        A copy of such signed plat shall be filed in the office of the Planning Board Clerk. [Amended 2-15-1979 EN]      F.Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made on any plat after approval has been given by the Board. In the event that any plat, when recorded, contains any such changes, the plat shall be considered null and void, and the Board shall institute proceedings to have said plat stricken from the records of the County Clerk.  G.Filing of approved plat.EN  (1)Within five business days from the date of the adoption of the resolution stating the decision of the Board on the final plat, the Planning Board Clerk shall file a copy of the resolution in the office of the Town Clerk.  (2)The owner shall file such approved plat, or a section of such plat, within 62 days of the date of final approval, or such approval shall expire. The following shall constitute final approval: the signature of the Chair or acting Chair of the Planning Board constituting final approval by the Planning Board of a plat as herein provided; or the approval by such Board of the development of a plat or plats already filed in the office of the County Clerk, if such plats are entirely or partially undeveloped; or the certificate of the Town Clerk as to the date of the submission of the final plat and the failure of the Planning Board to take action within the time herein provided.  (3)In the event the owner shall file only a section of such approved plat in the office of the County Clerk or Registrar, the entire approved plat shall be filed within 30 days of the filing of such section with the Town Clerk of each town in which any portion of the land described in the plat is situated. Such section shall encompass at least 10% of the total number of lots contained in the approved plat, and the approval of the remaining sections of the approved plat shall expire unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of § 265-a of the Town Law.    H.Drawings showing the location of all required improvements as built shall be certified by a licensed professional engineer or a licensed land surveyor and filed with the Planning Board at least 30 days prior to the acceptance of the improvements by the town. [Amended 10-12-1978]  I.Abandonment. The owner of an approved subdivision may abandon such subdivision pursuant to the provisions of § 560 of the Real Property Tax Law.EN    § 163-10.  Resubdivision. For a resubdivision, the same procedure, rules and regulations apply as for a subdivision.   ARTICLE IV, Improvements, Bonds and Agreements § 163-11.  Completion of improvements required. Prior to an action by the Planning Board approving a subdivision plat, the applicant shall complete, in accordance with the Planning Board's decision and to the satisfaction of appropriate town departments, all the street, sanitary and other improvements specified in the resolution approving the plat, or, as an alternative, file with the Town Board a bond in an amount set by the Planning Board to secure to the town the satisfactory construction and installation of the uncompleted portion of the required improvements.  § 163-12.  Performance bonds. EN _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE IV, Improvements, Bonds and Agreements                     § 163-12.  Performance bonds.   Performance bonds shall comply with the provisions of Town Law § 277 as to form, type and term. The Planning Board shall fix the term of the performance bond or security agreement, which shall in no case be longer than three years; provided, however, that the Planning Board may extend the term of the bond with consent of the parties thereto. The Planning Board shall also have authority to reduce the amount of improvements required, with the consent of the Town Board, and shall have the authority to reduce the amount of the security in accordance with Town Law § 277. In the event of a default, the town shall have the authority to proceed in accordance with Town Law § 277.  § 163-13.  Required improvements.  A.Inspections. The town may employ an inspector to act as agent of the Planning Board for the purpose of assuring the satisfactory completion of improvements required by the Planning Board and shall determine an amount sufficient to defray costs of inspection. The applicant shall pay this amount to the town prior to the signing of the subdivision plat for filing. If the Planning Board or its agent finds, upon inspection, that any of the required improvements have not been constructed in accordance with the approved drawings, the applicant and the bonding company will be severally and jointly liable for the costs of completing said improvements according to specifications.  B.Utilities. The Board may accept assurance from each public utility company whose facilities are proposed to be installed. Such assurance shall be in writing, addressed to the Board, stating that such public utility company will make the installations necessary for the furnishing of its services within a specified time, in accordance with the approved plat.  C.Monuments. Permanent monuments shall be set at block corners and at intervals of 500 feet, or such other distance or location as the Planning Board may designate. Each location must be indicated by a suitable symbol on the subdivision plat. The type of monument must be approved by the Town Engineer.  D.Waiver of required improvements. The Planning Board may waive, for such period as it may determine, the provisions of any such improvements as in its judgment are not necessary to fulfill the express purposes of these regulations. In the case of each waiver granted, the Planning Board shall enter on its records the reason why the particular improvement is not necessary and it shall attach appropriate conditions or require such guaranties as may be necessary to protect the public interest.  E.Time for completion of improvements. All required improvements shall be completed to the satisfaction of the Planning Board or its representative within one year after the date of initial title transfer with respect to any lot or dwelling fronting on a street shown on the subdivision plat, failing which the town may order such improvements to be installed and charge the expense to the subdivider. In a case where circumstances require, the Planning Board may grant a reasonable extension of time beyond the one year.  F.Acceptance of improvements. The acceptance of improvements will not be considered or processed until three sets of as-built plans are presented showing the improvements and, in addition, the submission of legal documents necessary for the dedication to the public of these improvements.    § 163-14.  Agreements.  A.Public acceptance of streets and reservations. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the town of any street, park, playground or other open space shown on said plat. The Planning Board may require said plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the town covering future title, dedication and provision for the cost of grading, development, equipment and maintenance of any park or playground area.  B.Responsibility for ownership of reservations. Ownership shall be clearly indicated on all reservations for park and playground purposes.  C.Offers of cession and releases.  (1)The plat shall be endorsed with the necessary agreements in connection with required easements or releases. Offers of easement or release shall be presented prior to plat approval.  (2)Formal offer of cession to the public of all streets and parks which are not marked on the plat with notation to the effect that such cession will not be offered shall be filed with the Planning Board prior to plat approval.  (3)The subdivider shall include with his offer of cession the necessary deeds and other documents in recordable form so as to show marketable title in the subdivider at the time of such offer of cession.       _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE V, Planning and Design Criteria   ARTICLE V, Planning and Design Criteria § 163-15.  Standards a guide.  [Amended 11-14-2002 by L.L. No. 1-2002] The Planning Board, in considering an application for the subdivision of land, shall be guided by the policy considerations specified in Article I, § 163-3, of these regulations and the following standards. The standards set forth herein have been found to be consistent with the guidelines set forth in Greenway Connections. The Planning Board, in its deliberations on any discretionary actions under this chapter, shall consider the statement of policies, principles and guidelines in Greenway Connections as the Planning Board deems appropriate and relevant in its deliberations on such discretionary actions.  § 163-16.  Preservation of existing features. Existing features which would add value to the development, such as large trees, watercourses, historic sites and similar irreplaceable assets, should be preserved, insofar as possible, through harmonious design of the subdivision.  § 163-17.  Streets.  A.Relation to topography. Streets shall be logically related and conform, insofar as possible, to the original topography. They shall be arranged so as to obtain as many as possible of the building sites at or above the grades of the streets. A combination of steep grades and sharp curves shall be avoided.  B.Block size. Block dimensions shall be at least twice the minimum lot depth and generally not more than 12 times the minimum lot width required by these regulations. In long blocks, the Planning Board may require a reservation through the block of a twenty-foot-wide easement to accommodate utilities or pedestrian traffic.  C.Intersections. Intersections of major streets by other streets shall be at least 800 feet apart, if possible. Cross (four-cornered) street intersections shall be avoided, except at important intersections. A distance of at least 150 feet shall be maintained between offset intersections. Within 40 feet of an intersection, streets shall be approximately at right angles and grades shall be limited to 11/2%. All street intersection corners shall be rounded by curves of at least 25 feet in radius at the property line.  D.Visibility at intersections. Within the triangular area formed at corners by the intersection of street center lines, for a distance of 75 feet from their intersection and the diagonal connecting the end points of these lines, visibility for traffic safety shall be provided by excavating, if necessary. Nothing in the way of fences, walls, hedges or other landscaping shall be permitted to obstruct such visibility.  E.Street design. Streets shall meet the standards set forth in Chapter A197 of the Code of the Town of East Fishkill entitled "Highway Specifications." [Amended 11-14-2002 by L.L. No. 5-2002]  F.Continuation of streets into adjacent property. Streets shall be arranged to provide for the continuation of principal streets between adjacent properties where such continuation is necessary for convenient movement of traffic, effective fire protection, efficient provision for utilities and particularly where such continuation is in accordance with the Town Plan. If the adjacent property is undeveloped and the streets must dead-end temporarily, the right-of-way and the improvements must run to the property line. A temporary circular turnaround having a minimum radius of 50 feet shall be provided on all temporary dead-end streets, with the notation on the plat that the land outside the street right-of-way shall revert to abutters whenever the street is continued.  G.Permanent dead-end streets (culs-de-sac). Where a street does not extend to the boundary of the subdivision and its continuation is not needed for access to adjoining property, it shall be separated from such boundary by a distance of not less than 100 feet. Reserve strips of land shall not be left between the end of the proposed street and an adjacent piece of property; however, the Planning Board may require a twenty-foot-wide easement to accommodate pedestrian traffic or utilities. A circular turnaround in accordance with the standards set forth in § A197-26 shall be provided at the end of the dead-end street for greater convenience to traffic and effective police and fire protection. Permanent dead-end streets shall, in general, be limited in length to six times the minimum lot width allowed in the district. [Amended 11-14-2002 by L.L. No. 5-2002]  H.Street names. All streets shall be named, and such names shall be subject to the approval of the Planning Board. Names shall be sufficiently different in sound and spelling from other street names in the town so as not to cause confusion. A street which is a continuation of an existing street shall bear the same name.  I.Future street system. Where the plat submitted covers only a part of the subdivider's tract, a sketch of the prospective future street system of the unsubmitted part shall be furnished and the street system of the part submitted shall be considered in the light of adjustments and connections with the future street system.    _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE V, Planning and Design Criteria                     § 163-18.  Street improvements.   § 163-18.  Street improvements.  A.Streets shall be graded and improved with pavement, street signs, sidewalks, streetlighting, curbs, gutters, trees, water mains, sanitary sewers, storm drains and fire hydrants, except where the Planning Board may waive, subject to appropriate conditions, such improvements as it considers are not requisite in the interest of public health, safety and general welfare.  B.Underground utilities required by the Planning Board shall be placed between the paved roadway and street line to facilitate location and repair of the lines. The subdivider shall install underground connections where required, to the property line of each lot before the street is paved.  C.Grading and improvements shall conform to town specifications and shall be approved as to design and specifications by the Town Engineer or duly authorized representative.    § 163-19.  Lots.  A.Arrangement. The arrangement of lots shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in locating a building on each lot and in providing access to buildings on such lots from an approved street.  B.Access across a watercourse. Where a watercourse separates the buildable area of a lot from the access street, provision shall be made for the installation of a culvert or other structure of a design approved by the Town Engineer.  C.Zoning requirements. Proposed lots shall meet all applicable requirements of the Zoning Law. EN The number of lots in a proposed subdivision shall not exceed the number of lots permitted under the provisions of § 194-14.1 of the Zoning Law. All lots must comply with the following two standards: [Amended 11-14-2002 by L.L. No. 2-2002]  (1)When a subdivision of land is proposed, the developer shall, at the sketch plan phase, or, if no sketch plan is submitted, at the preliminary stage, submit a map to the Planning Board delimiting the boundaries of all environmentally sensitive lands, as defined in the Zoning Law. The areas of the environmentally sensitive lands shall be deducted from the total site acreage according to the following percentages:         Type of Land   Percentage to be Discounted          Floodway   100%        Floodplain   50%        Steep slopes (greater than 20%)   50%        Water bodies   100%        Wetlands   50%       (a)Where any area of land is considered environmentally sensitive for more than one reason, no additional discount from area calculation shall be taken on such basis, although the more restrictive percentage would apply where there is a difference.  (b)From the acreage remaining after the deduction, the applicant shall further deduct the area of land necessary to provide roads, drainage facilities, and other infrastructure to serve the subdivision. The acreage remaining shall then be divided by the minimum lot size shown in the bulk schedule for conventional lots in the district in question. The number of lots to be created in the subdivision shall in no case be higher than the number derived in this calculation, subject to the incentive provisions of the Affordable Housing Law.EN    (2)Minimum buildable area:  (a)Each detached single-family lot shall provide a minimum buildable area as follows. The minimums provided herein are not subject to decrease under the Affordable Housing Law provisions.         Type of Subdivision   Minimum Buildable Area          With individual wells and individual sewage disposal systems   3/4 acre        With central water and individual sewage disposal systems, or vice versa   1/2 acre        With central water and central sewers   10,000 square feet average, with no lot smaller than 7,500 square feet       _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE V, Planning and Design Criteria                     § 163-19.  Lots.   (b)Where lots are more than double the minimum required area for the district, such lots shall be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve such potential lots.    (3)Lots in the CRD Zoning District are subject to exclusions of environmentally sensitive lands in that chapter. Accordingly, the requirements of Subsection C(1) and (2) above shall not apply to lots in CRD Zoning Districts.    D.Side lot lines. Side lot lines shall be at right angles to street lines unless variation from this rule will give a better street or lot plan.  E.Access from arterial or collector streets. Lots shall not, in general, derive access exclusively from an arterial or collector street. Where driveway access from an arterial or collector street may be necessary for several adjoining lots, the Planning Board may require that such lots be served by a combined access drive in order to limit possible traffic hazards on such street.  F.Lands subject to flooding. Land subject to flooding or periodic inundation as delineated by the United States Department of Housing and Urban Development Flood Hazard Maps and land deemed by the Board to be uninhabitable shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate the flood hazard. Such uses as shall not be endangered by periodic or occasional inundation or as shall not procure unsatisfactory living conditions may, at the discretion of the Planning Board, be permitted. [Amended 6-10-1976]  G.(Reserved)  H.Requirements for approval of flag lots. [Added 11-14-2002 by L.L. No. 9-2002]  (1)Each proposed flag lot shall meet the applicable standards of § 194-92.1 of the Zoning Law, and the buildable portion shall in no event be no smaller than one acre in size.  (2)In addition to the foregoing requirements, the subdivider shall demonstrate to the satisfaction of the Planning Board that:  (a)There are no visual obstructions at the intersection of the access point and the street.  (b)The relative locations of the flag lot driveway and adjoining driveways are appropriate.  (c)Adequate access for emergency vehicles to the house is provided.  (d)Appropriate privacy is provided to both the flag lot and surrounding lots. Landscaping is particularly important to visually separate the shared lot line where the front line of the flag lot adjoins the rear line of the lot in front of it. Where existing landscaping is insufficient, the Planning Board may require the placement of additional landscape screening to provide a ten-foot-deep buffer along shared property lines. In appropriate cases, the Planning Board may also require buffering along the access strip to provide appropriate privacy between adjoining lots.        § 163-20.  Reservations and easements.  A.Realignment or widening of existing streets. Where the subdivision borders an existing street and the Official Map or Town Plan indicates plans for realignment or widening of the street that would require reservation of some land of the subdivision, the Planning Board may require that such areas be shown and marked in the plat "Reserved for Street Purposes."  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE V, Planning and Design Criteria                     § 163-20.  Reservations and easements.   B.Utility and drainage easements. Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities within a street right-of-way, perpetual unobstructed easements at least 20 feet in width for such utilities or drainage facilities shall be provided across property outside the facilities' street lines and with satisfactory access to the street.  C.Easements for pedestrian access. The Planning Board may require, in order to facilitate pedestrian access from streets to schools, parks, playgrounds or other nearby streets, perpetual unobstructed easements at least 20 feet in width.  D.Ownership of reservations. Ownership shall be clearly indicated on all reservations and easements.  E.Land for park, playground or other recreational purposes. [Amended 5-13-1982 by L.L. No. 4-1982; 12-11-1986 by L.L. No. 5-1986; 9-13-1990 by L.L. No. 5-1990; 3-25-1999 by L.L. No. 3-1999]  (1)Before the Planning Board may approve a subdivision plat containing residential units, such subdivision plat shall also show, when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes.  (2)Land for park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the town based on projected population growth to which the particular subdivision plat will contribute.  (3)In the event the Planning Board makes a finding pursuant to Subsection E(2) that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat, the Planning Board shall require a sum of money in lieu thereof, payable at the time of final plat approval, in the amount of $2,000 per lot in the subdivision or section thereof, being considered for approval at the time. All moneys paid under this section shall be deposited into the East Fishkill Recreation Trust Fund, to be used by the town exclusively for park, playground or other recreational purposes, including the acquisition of property. In making its determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. [Amended 6-22-2000 by L.L. No. 3-2000]  (4)Such amount shall be paid to the town at the time of final plat approval. No plat shall be signed until such payment is made.  (5)The lot encompassing the residence of the subdivider shall be exempt from this fee.       ARTICLE VI, Requirements for Plans and Plats § 163-21.  General requirements. The following general requirements are applicable to both the preliminary plat and subdivision plat submittal:  A.Layouts and plats shall be clearly and legibly drawn on Mylar or its equivalent with black waterproof ink, at a convenient scale of not more than 100 feet to the inch. EN  B.Drawings shall be submitted on uniform size sheets not larger than 36 inches by 48 inches. When more than one sheet is required to show the plat, an index map on a sheet of the same size shall be submitted.  C.All submissions shall indicate:  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE VI, Requirements for Plans and Plats                     § 163-21.  General requirements.   (1)Type of submission.  (2)The proposed subdivision name (which shall not duplicate or too closely approximate that of any other development in the town).  (3)The words "Town of East Fishkill, Dutchess County, New York."  (4)The name and address of the record owner and/or subdivider.  (5)The name, address and seal of the professional engineer or land surveyor responsible for the plat.  (6)The date, North point and the graphic scale.      § 163-22.  Preliminary plat details. The preliminary plat submitted to the Planning Board shall show or be accompanied by the following information:  A.Location, bearings and distances of tract boundary.  B.Names of all adjoining property owners of record, the names of adjacent subdivisions and zoning districts.  C.Topography at a contour interval of not more than five feet, unless waived by the Planning Board, and referenced to a datum satisfactory to the Board.  D.Location, name and dimensions of existing streets, easements, property lines, buildings, parks and public property.  E.Location and owner of existing sewers, water mains, culverts and storm drains, if any, including pipe size, type of pipe, grades and direction of flow.  F.Location of pertinent natural features that may influence the design of the subdivision, such as watercourses, swamps, rock outcrops and large trees.  G.A vicinity map at a scale of 2,000 feet to the inch, indicating the relationship of the proposed subdivision to existing community facilities which serve it, such as roads, shopping areas and schools.  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE VI, Requirements for Plans and Plats                     § 163-22.  Preliminary plat details.   H.An area map, using the Town of East Fishkill Tax Map as a base, showing the proposed subdivision plat with respect to all streets and property within 1,000 feet of the applicant's tract and identifying all property in the area held by the applicant.  I.Location, width and approximate grade of all proposed streets, with elevations shown at the beginning and end of each street, at street intersections and all points where there is a change in the grade.  J.Proposed provisions for water supply, fire protection, sanitary waste disposal, stormwater drainage, street trees, streetlight fixtures, street signs and sidewalks.  K.Approximate shape, dimensions and area of all proposed or existing lots and suggested location of buildings.  L.Approximate location and dimensions of all property proposed to be reserved for park and public use, including a site plan indicating how it can be used for that proposed purpose.  M.Where required, typical cross sections of the proposed grading, roadway and sidewalk, type and depth of surfacing and subbase.  N.Where any part of the property is regraded and requires a cut or fill of greater than two feet, a contour map must be prepared indicating existing and proposed contours.    § 163-23.  Subdivision plat details. The subdivision plat submitted to the Planning Board shall show or be accompanied by the following information:  A.Data required in §§ 163-21 and 163-22B through H.  B.Location, width and name of each proposed street and typical cross sections showing street pavement and, where required, curbs, gutters and sidewalks.  C.Lengths and bearings of all straight lines and the radius, length, central angle, chord and tangent distance of all curves for each proposed street.  D.Profiles showing existing and proposed elevations along the center line of all proposed streets and the elevations of existing streets for a distance of 100 feet either side of their intersection with a proposed street.  E.Present elevations of all proposed streets shown every 100 feet at five points on a line at right angles to the center line of the street, said elevation points being indicated at the center line of the street, each property line and points 30 feet inside each property line (only when required by the Board because of the existence of steep side slopes).  F.Location, size and invert elevations of existing and proposed storm drains and sanitary sewers; the exact location of utilities and fire hydrants.  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE VI, Requirements for Plans and Plats                     § 163-23.  Subdivision plat details.   G.Location of street trees, streetlighting standards and street signs.  H.Area of all lots in hundredths of an acre; lot numbers in sequence; location, material and size of all permanent monuments.  I.Accurate location of all property to be offered for dedication for public use, with the purpose indicated thereon, and of all property to be reserved by deed covenant for the common use of the property owners.  J.Sufficient data to readily determine the location, bearing and length of all street boundary lines and to reproduce such lines upon the ground.  K.Necessary agreements in connection with required easements or releases.  L.Formal offers of cession to the town of all streets and public parks.     ARTICLE VII, Variances, Waivers, Conditions § 163-24.  Variances. Where the Board finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of the Official Map, if any, or these regulations.  § 163-25.  Waivers. Where the Board finds that, due to the special circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements, subject to appropriate conditions.  § 163-26.  Conditions. In granting variances and modifications, the Board may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified as provided in § 163-7.   ARTICLE VIII, Driveway Specifications  [Added 12-8-1977] § 163-27.  Purpose. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE VIII, Driveway Specifications  [Added 12-8-1977]                     § 163-27.  Purpose.   It is the purpose of these specifications to establish minimum acceptable standards of driveway construction for subdivision in the Town of East Fishkill.  § 163-28.  Design requirements.  [Amended 11-14-2002 by L.L. No. 9-2002] All driveways shall meet the applicable standards of the highway specifications (presently § A197-76).  § 163-29.  Authority for interpretation. Final decision as to the interpretation of any part of these driveway specifications shall rest with the Town Superintendent of Highways.   ARTICLE IX, Cluster Subdivisions  [Added 3-28-1985 by L.L. No. 6-1985; amended 6-28-1986 by L.L. No. 2-1986; 11-14-2002 by L.L. No. 7-2002] § 163-30.  Authorization and purpose.  A.The Planning Board is hereby authorized to approve a cluster development simultaneously with the approval of a plat or plats. Approval of a cluster development shall be subject to the conditions set forth in Town Law § 278 and in this chapter. This authorization shall be applicable to all residential zoning districts in the Town, except the CRD Zoning District.  B.The purpose of the cluster development shall be to enable and encourage flexibility of design and development of land in such a manner as to preserve the natural and scenic qualities of open lands.    § 163-31.  Permitted use. Permitted uses within a cluster subdivision shall be the same as those otherwise permitted in the zoning district in which it is located. In all single-family residential zoning districts, the dwelling units permitted may be, at the discretion of the Planning Board, in detached, semidetached, or attached ("townhouse") structures. Attached (townhouse) structures are permitted only if central water and sewer are provided. In no case shall any attached housing consist of more than four continuous units in a single structure.  § 163-32.  Conditions for cluster development.  A.Applicant's request. An applicant may apply for a cluster development, and the Planning Board may approve such a development if, in the Board's judgment, a cluster development would benefit the Town.  B.Planning Board request.  (1)The Planning Board may request such variations where it finds any one of the following elements justifying preservation:  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE IX, Cluster Subdivisions  [Added 3-28-1985 by L. L. No. 6-1985; amended 6-28-1986 by L.L. No. 2-1986; 11-14-2002 by L.L.                     § 163-32.  Conditions for cluster development.   (a)Steep slopes.  (b)Wetlands.  (c)Flood-prone area.  (d)Historic structures or areas.  (e)Unique natural or geological formations.  (f)Vegetation. Rare vegetation or habitats of endangered wildlife.  (g)Recreation. Lakes, ponds or other significant recreational areas or resources.  (h)Trails, bikeways and pedestrian routes. Potential and existing trails, bikeways and pedestrian routes, particularly the Appalachian Trail.  (i)Views. Significant scenic views, particularly ridgelines, water bodies and mountains.    (2)When the Planning Board requests a cluster. The developer and his professionals shall meet with the Board to discuss the possibilities of cluster development, especially as they relate to the SEQR review of the project. Nonetheless, this section shall not be construed as allowing the Planning Board to mandate a cluster development. Such mandating of cluster development can only take place under Subsection C hereof.    C.Mandatory cluster. The Town Board may, by resolution, authorize the Planning Board to require a cluster development on a particular tract or site under the following circumstances:  (1)Procedure.  (a)Where the Planning Board deems it in the interests of the Town, the Planning Board shall request the Town Board to authorize it to mandate cluster development.  [1]Such request shall specify the element or elements (set forth in Subsection B above), if any, which justify preservation, and shall specifically describe the means by which a cluster development would further the purposes set forth in § 278 of the Town Law, including the manner in which it will enable and encourage flexibility of design and development of land in such a manner as to preserve the natural and scenic qualities of open land.  [2]At the same time that the Planning Board's request is sent to the Town Board, a copy shall be sent by regular mail to the owner of the land in question at the owners last known address. Such owner shall have the right to submit any relevant information to the Town Board.    _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE IX, Cluster Subdivisions  [Added 3-28-1985 by L. L. No. 6-1985; amended 6-28-1986 by L.L. No. 2-1986; 11-14-2002 by L.L.                     § 163-32.  Conditions for cluster development.   (b)The Town Board shall review the information submitted by the Planning Board and the property owner. If the owner requests it, the Town Board shall further meet with the owner and owner's representatives to discuss the desirability of mandating a cluster development. At any such meeting the Planning Board or its designated representative(s) may be present. After reviewing the documents and evidence submitted and the criteria set forth in Town Law § 278 and § 163-32B and C of this chapter, the Town Board shall determine whether or not to authorize the Planning Board to require submission of a cluster development plan. The determination shall be considered a legislative determination by the Town Board. Copies of the Town Board's determination shall be sent by regular mail to the Planning Board and the property owner at the owner's last known address. If the Town Board declines to authorize a mandatory cluster, then the Planning Board shall continue to review any conventional subdivision plan submitted by the owner. If the Town Board authorizes a mandatory cluster, then the Planning Board shall forthwith determine whether or not to require such cluster development proposal, and proceed with the application under the applicable provisions of this chapter.    (2)Time of application.  (a)It is deemed in the best interests of the applicant and the Planning Board to determine the applicable development style at the earliest possible time. Accordingly, it is suggested that the Planning Board and property owner discuss the development alternatives at the sketch plan phase.  (b)An application by the Planning Board to the Town Board for permission to mandate cluster development may be made at any time during the sketch plan or preliminary plat review stage, but may not be made after preliminary approval of a conventional subdivision has been granted.        § 163-33.  Development standards and controls. Except as specified herein, all development standards and controls normally applicable to other residential subdivisions and uses shall also be applicable to cluster subdivisions.  A.Density.  (1)Conventional plan. The permitted number of dwelling units shall in no case exceed the number of units that, in the Planning Board's judgment, would be permitted if the land were subdivided into lots conforming to the minimum lot size and density requirement of this chapter, applicable to the district or districts in which such land is situated and conforming to all other requirements. For this purpose, the applicant will submit a sketch plan for a conventional subdivision to establish this maximum possible number of units, and the Planning Board may require any additional information it deems necessary to make this determination (the "conventional plan" or the "278 plan"). If the application does not include affordable housing units as provided for below, this maximum possible number of units shall constitute the proposed action for purposes of SEQR review.  (a)This section shall not be interpreted to prohibit the provision of additional incentive units pursuant to the Town's Affordable Housing Law (Chapter 194, Article XXIII), which allows units in addition to those established under the conventional plan. Where an applicant proposes to include affordable housing in a cluster subdivision, the number of permitted units established in the conventional plan shall also be deemed the base number of units under the affordable housing provisions. The maximum permitted number of affordable units shall be 15% of the base number of permitted units. The number of additional incentive market-rate units to be allowed shall be calculated, pursuant to the provisions of the Affordable Housing Law, based upon the proposed number of affordable units to be provided. In a cluster project, the proposed action for purposes of SEQR review shall consist of the total proposed number of units, including both the number of lots in the conventional plan, plus the proposed number of affordable units.  (b)When the applicant is proposing a cluster layout, the Planning Board need not require the preparation of an additional conventional lot count plan to demonstrate the viability of the inclusion of the additional incentive market-rate units if the additional incentive market-rate lots do not constitute more than a ten-percent-increase over the base number of permitted units, and the additional incentive market-rate lots can, in the Planning Board's judgment, be readily accommodated within the proposed cluster layout. If the Planning Board does require an additional conventional layout plan to demonstrate the viability of the inclusion of the incentive market-rate lots, such plan shall be prepared using the reduced lot size standards set forth in the Affordable Housing Law.  (c)If the SEQR process results in a reduction in the total number of units from that established in the initial conventional layout, the number of affordable units, and the number of incentive units shall be reduced accordingly.    (2)Environmentally sensitive lands. In making its determination of the permitted number of dwelling units, the Planning Board will seek the preservation of steep slopes, wetlands, floodplains, water bodies and other environmentally sensitive or unique open space or natural features. In calculating the permissible lot count and density under Subsection A(1), the Planning Board will apply the standards of § 194-14.1.    B.Frontage. The site must have a minimum street frontage of 100 feet, and access to the parcel must not create any traffic hazards.  C.Maximum coverage. The maximum permitted gross building coverage on any cluster subdivision site shall be 15%.  D.Screening and buffering for cluster subdivisions. All clusters shall provide a landscaped buffer of at least 50 feet in depth, between the outer perimeter of the property being subdivided and the boundary of any required yard of a newly created residential lot in the cluster. The Planning Board may eliminate the buffer, or reduce its width, in cases where a buffer is unnecessary because of the nature of adjoining property or land use, or where, in its judgment, topography, existing or proposed landscaping, or other proposed improvements provide sufficient screening and privacy for residents. Buffering and screening areas shall be landscaped or left in their natural state in accordance with the provisions of § 194-109 (Landscaping, screening and buffer areas). The Planning Board shall require such supplemental landscaping within the buffer as it may deem appropriate to provide sufficient screening. The yard requirements set forth in § 163-33L shall be measured from the inner edge of this buffer, and not from the subdivision tract perimeter.  _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE IX, Cluster Subdivisions  [Added 3-28-1985 by L. L. No. 6-1985; amended 6-28-1986 by L.L. No. 2-1986; 11-14-2002 by L.L.                     § 163-33.  Development standards and controls.   E.Open space and recreation areas. At least 30% of the gross acreage of any cluster subdivision shall be composed of land which is used for recreational purposes and/or preserved as open space. Open space may include buffers and environmentally sensitive lands, but may not include roadways, road rights-of-way, or required yards. Open space can include land owned privately and protected by conservation easement, or by an HOA, provided such land is permanently preserved as open space from future development or future use as part of a yard of any individual lot.  F.Open space. In the event that the application of this procedure results in a plat showing lands available for park, recreation, open space or other municipal purposes directly related to the plat, then the Planning Board as a condition of plat approval may establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. The Town Board hereby requires that such conditions shall be approved by the Town Board before the plat may be approved for filing.  G.Special layout design considerations for large-scale cluster subdivision. In large-scale subdivisions (those exceeding 100 acres), the Planning Board shall consider the layout of small neighborhoods or clusters within the development, each having some open space immediately surrounding it, as a goal of proper site planning so that a large, massive concentration of units, with little or no differentiation, can be avoided and so that the character of the cluster subdivision will match the character of the neighborhood in which it is located. In such cluster subdivision, a pedestrian circulation system shall be designed and installed in addition to the vehicular circulation system, which is sufficient for the needs of cluster residents. Such a system may be composed of a combination of paved and unpaved walkways and bikeways of appropriate width, design and location to serve their intended function. Applicants developing such cluster subdivisions may also apply for a special permit for accessory retail and/or professional services in a cluster (§ 194-65.1).  H.Utilities and services.  (1)Approvals. All buildings within cluster subdivisions shall be served by water supply and sewage treatment systems as approved by the appropriate governmental agency or agencies having jurisdiction thereof.  (2)Future needs. Where centralized facilities are provided, they shall be planned in such a way as to anticipate future utility needs and wherever reasonably feasible shall be sited to reduce the capital costs associated with any future central utility construction.  (3)Cooling systems. Cooling systems shall be designed so as to minimize adverse aesthetic impact.  (4)Surface water runoff. Surface water facilities shall be developed so that the peak rate of stormwater runoff after construction is no greater than the peak rate of runoff prior to development.    I.Energy efficiency. The plan for development of any site within cluster subdivisions shall be designed and arranged in such a way as to promote energy efficiency and assure solar access for all dwelling units.  J.Sidewalks. Sidewalks shall be provided in areas where lot sizes are 10,000 square feet or smaller, or when the Planning Board determines that sidewalks will provide essential pedestrian access to a hamlet center, shopping or public facilities such as parks, schools and churches. Such sidewalks shall be constructed in accordance with standards in the Highway Specifications. EN  K.Minimum lot area. The minimum lot area requirements shall be as follows:  (1)Detached units:  (a)Subdivision with individual wells and individual sewage disposal systems, minimum lot size: 3/4 acre.  (b)Subdivision with central water and individual sewage disposal systems (or vice versa), minimum lot size: 1/2 acre.  (c)Subdivision with central water and central sewers: average minimum lot size must be at least 10,000 square feet. In no event shall any lot be smaller than 7,500 square feet.    _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE IX, Cluster Subdivisions  [Added 3-28-1985 by L. L. No. 6-1985; amended 6-28-1986 by L.L. No. 2-1986; 11-14-2002 by L.L.                     § 163-33.  Development standards and controls.   (2)Semidetached units, including attached end units: (permitted only with central water and individual sewage disposal systems, or with central water and central sewers), minimum lot size: 4,000 square fee.  (3)Attached units (permitted only with central water and central sewers), minimum lot size: 2,500 square feet.    L.Bulk requirements for lots in cluster subdivisions:  (1)For detached units:  (a)Minimum front yard: 20 feet from curb, or 20 feet from the house side of the sidewalk, if provided, whichever is greater.  (b)Minimum rear yard: 30 feet.  (c)Minimum side yard: 15 feet.  (d)Minimum lot width: 75 feet.  (e)Minimum lot depth: 100 feet.  (f)Maximum floor area ratio (FAR): 0.30.    (2)For semidetached and attached units:  (a)Minimum front yard: 20 feet from curb, or 20 feet from the house side of the sidewalk, if provided, whichever is greater.  (b)Minimum rear yard: 30 feet.  (c)FAR: not applicable.        § 163-34.  (Reserved)   _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 163, SUBDIVISION OF LAND                 ARTICLE IX, Cluster Subdivisions  [Added 3-28-1985 by L. L. No. 6-1985; amended 6-28-1986 by L.L. No. 2-1986; 11-14-2002 by L.L.                     § 163-34.  (Reserved)     Chapter 168, TAXATION [HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.] ARTICLE I, Senior Citizens Tax Exemption [Adopted 8-8-1974 as Ch. 59, Art. I, of the 1974 Code] § 168-1. Purpose.   The purpose of this article is to grant a partial exemption from taxation to the extent of 50% of the assessed valuation of real property which is owned by certain persons with limited income who are 65 years of age or over and who meet the requirements set forth in § 467 of the Real Property Tax Law. § 168-2. Conditions.   Real property owned by persons 65 years of age or over shall be exempt from town taxes to the extent of 50% of the assessed valuation, subject to the following conditions: A.The owner or all of the owners must file an application annually in the Assessor's office at least 90 days before the day for filing the final assessment roll or such other time as may be hereafter fixed by law. B.[Last amended 1-11-2001 by L.L. No. 1-2001 EN] The income of the owner or the combined income of the owners must not exceed $28,900 for the income tax year immediately preceding the date the application was filed. "Income tax year" shall mean the twelve-month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of the capital assets which may be offset by a loss from the sale or exchange of a capital asset, in the same income tax year, net income from rental, salary or earnings, and net income from self-employment, but shall not include a return of capital, gifts or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. However, if the income of an eligible property owner or the combined income of the owners of the property is not greater than $28,899.99, then said owner shall be entitled to a partial exemption pursuant to the following schedule: Percentage Assessed Valuation Exempt Annual IncomeFrom Taxation   $20,500 or less50% _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 168, TAXATION                 ARTICLE I, Senior Citizens Tax Exemption [Adopted 8-8- 1974 as Ch. 59, Art. I, of the 1974 Code]                     § 168-2. Conditions.     More than $20,50045% but less than $21,500   $21,500 or more,40% but less than $22,500   $22,500 or more,35% but less than $23,500   $23,500 or more,30% but less than $24,400   $24,400 or more,25% but less than $25,300 _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 168, TAXATION                 ARTICLE I, Senior Citizens Tax Exemption [Adopted 8-8- 1974 as Ch. 59, Art. I, of the 1974 Code]                     § 168-2. Conditions.     $25,300 or more,20% but less than $26,200   $26,200 or more,15% but less than $27,100   $27,100 or more,10% but less than $28,000   $28,000 or more,5% but less than $28,900   No exemption shall be granted if the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceed the sum of $28,899.99. C.Title to the property must be vested in the owner or, if more than one, in one of the owners, for at least 12 consecutive months prior to the date that the application is filed. [Amended 3-27-1975 by L.L. No. 3-1975; 6-14-2001 by L.L. No. 3-2001] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 168, TAXATION                 ARTICLE I, Senior Citizens Tax Exemption [Adopted 8-8- 1974 as Ch. 59, Art. I, of the 1974 Code]                     § 168-2. Conditions.   D.The property must be used exclusively for residential purposes, be occupied in whole or in part by the owners and constitute the legal residence of the owners. ARTICLE II, Commercial, Business and Industrial Tax Exemption Reduction [Adopted 1-13-1977 by L.L. No. 1-1977] § 168-3. Purpose.   The purpose of this article is to provide for the reduction of the percent of the real property tax exemption for commercial, business or industrial activities provided for in § 485-b, Subdivision 2(a), of the Real Property Tax Law. § 168-4. Reduction of tax exemption percentage.   The real property tax exemption as set forth in Subdivision 2(a) of § 485-b of the Real Property Tax Law shall be reduced to 0%, pursuant to Subdivision 7 thereof. ARTICLE III, Economic Development Zone Exemption [Adopted 2-9-1995 by L.L. No. 1-1995] § 168-5. Title.   This article shall be entitled a "Local law adding Article III to Chapter 168 of the East Fishkill Code to be entitled "Economic Development Zone Exemption." § 168-6. Purpose and intent; implementation of exemption.   The Town of East Fishkill hereby enacts § 485-e of Real Property Tax Law, whereby real property constructed, altered, installed or improved in an area within the Town of East Fishkill designated as an Economic Development Zone pursuant to Article 18-B of the General Municipal Law shall be exempt from taxation and special ad valorem levies by the Town of East Fishkill for the period and to the extent hereinafter provided. Any such exemption shall be implemented in accordance with the procedures, and subject to the conditions, more fully set forth in § 485-e of the Real Property Tax Law. § 168-7. Applicability of statute.   This article is adopted pursuant to enabling legislation set forth in § 485-e of Real Property Tax Law of the State of New York entitled "Economic Development Zone Exemption," and interpretation of this article is to be consistent with interpretation of the enabling legislation. Any exemption provided pursuant to this article is subject to and limited by the provisions of § 485-e of the Real Property Tax Law. All terms used in this article shall have the definitions as set forth in 485-e. § 168-8. Term of exemption.   The exemption provided herein shall be for a term of 10 years commencing from the date on which the Economic Development Zone was designated. EN _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 168, TAXATION                 ARTICLE III,  Economic Development Zone Exemption [Adopted 2-9-1995 by L.L. No. 1- 1995]                     § 168-9. Amount of exemption.   § 168-9. Amount of exemption.   The amount of exemption shall be computed in accordance with the percentages delineated in Real Property Tax Law § 485-e, Subdivision 1(b) and (c), as applied to the "base amount" as defined in Real Property Tax Law § 485-e, Subdivision 2. ARTICLE IV, Fees for Duplicate Statement of Taxes [Adopted 9-14-1995 by L.L. No. 9-1995] § 168-10. Purpose.   The purpose of this article is to supersede provisions of Real Property Tax Law § 922 and authorize the Collecting Officer to charge a fee for issuing a duplicate statement of taxes, other than one mandated by statute. § 168-11. Authorization to charge fee. A.The Collecting Officer may charge a nonrefundable fee of $5 for the issuance of each duplicate statement of taxes for a parcel of real property, other than a duplicate statement of taxes mandated by statute. Presently, duplicate statements are mandated for: (1)The forwarding of a statement of taxes to any new owner of real property where the Collection Officer has received notice of such transfer of real property occurring subsequent to the taxable status date pursuant to Real Property Tax Law § 922, Subdivision (b); and (2)The forwarding of duplicate tax statements for elderly and disabled property owners pursuant to Real Property Tax Law §§ 922, Subdivision (d)1-a and 923. B.The amount of the above fee may be changed from time to time by a resolution of the Town Board. § 168-12. Definition.   For purposes of this article, a "duplicate statement of taxes" shall be deemed to include the compiling and transmitting of tax information pertaining to a single parcel of real property on memo bills and/or other forms provided by financial institutions and other tax escrow collecting agencies. ARTICLE V, Alternative Veterans Exemption [Adopted 2-25-1997 by L.L. No. 1-1997] § 168-13. Exemption established.   Pursuant to the provisions of Real Property Tax Law § 458-a, Subdivision 2(d)(ii), the maximum alternative veterans' exemption applicable to general real property taxes imposed by the Town of East Fishkill is established as set forth herein. As required by law, this exemption does not apply to school taxes, special ad valorem levies or special assessments. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 168, TAXATION                 ARTICLE V, Alternative Veterans Exemption [Adopted 2-25- 1997 by L.L. No. 1-1997]                     § 168-13. Exemption established.   A.Qualifying residential real property shall be exempt from taxation to the extent of 15% of the assessed value of such property; provided, however, that such exemption shall not exceed $18,000 or the product of $18,000 multiplied by the latest state equalization rate for the assessing unit, or in the case of a special assessing unit, the latest class ratio, whichever is less. B.In addition to the exemption provided by Subsection A of this section, where the veteran served in a combat theater or combat zone of operations, as documented by the award of a United States campaign ribbon or service medal, qualifying residential real property also shall be exempt from taxation to the extent of 10% of the assessed value of such property; provided, however, that such exemption shall not exceed $12,000; or the product of $12,000 multiplied by the latest state equalization rate for the assessing unit, or in the case of a special assessing unit, the class ratio, whichever is less. C.In addition to the exemptions provided by Subsections A and B of this section, where the veteran received a compensation rating from the United States veteran's administration or from the United States department of defense because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property multiplied by 50% of the veteran's disability rating; provided, however, that such exemption shall not exceed $60,000 or the product of $60,000 multiplied by the latest state equalization rate for the assessing unit, or in the case of a special assessing unit, the latest class ratio, whichever is less. For purposes of this subsection, where a person who served in the active military, naval or air service during a period of war died in service of a service connected disability, such person shall be deemed to have been assigned a compensation rating of 100%. ARTICLE VI, Exemption for Persons with Disabilities [Adopted 1-14-1999 by L.L. No. 1-1999] § 168-14. Exemption established. A.The Town of East Fishkill hereby grants the exemption authorized pursuant to § 459-c of the Real Property Tax Law. Real property owned by one or more persons with disabilities, or real property owned by a husband, wife, or both, or by siblings, at least one of whom has a disability, and whose income, as hereafter defined, is limited by reason of such disability, shall be exempt from taxation by the Town of East Fishkill to the extent provided herein. Notwithstanding any other provision of law to the contrary, the provisions of this section shall apply to real property held in trust solely for the benefit of a person or persons who would otherwise be eligible for a real property tax exemption, pursuant to this section, were such person or persons the owner or owners of such real property. B.As used herein, a person with a disability is one who has a physical or mental impairment, not due to current use of alcohol or illegal drug use, which substantially limits such person's ability to engage in one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working, and who: (1)Is certified to receive social security disability insurance (SSDI) or supplemental security income (SSI) benefits under the Federal Social Security Act; (2)Is certified to receive railroad retirement disability benefits under the Federal Railway Retirement Act; or (3)Has received a certificate from the state commission for the blind and visually handicapped stating that such person is legally blind. C.In order to receive the exemption provided herein, an award letter from the Social Security Administration or the Railroad Retirement Board or a certificate from the state commission for the blind and visually handicapped shall be submitted as proof of disability. D.As used herein, the term "sibling" shall mean a brother or a sister, whether related through half blood, whole blood or adoption. § 168-15. Extent of exemption. A.No exemption shall be granted if the income of the owner or the combined income of owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the sum of $28,900. Income tax year shall mean the twelve-month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum, except where the husband or wife, or ex-husband or ex-wife is absent from the property due to divorce, legal separation or abandonment, then only the income of the spouse or ex-spouse residing on the property shall be considered and may not exceed such sum. [Amended 1-11-2001 by L.L. No. 2-2001] B.Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings, and net income from self-employment. The methods of computing net rental income and net income from self-employment shall be those provided in New York State Real Property Tax Law § 459-c, Subdivision 5. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 168, TAXATION                 ARTICLE VI,  Exemption for Persons with Disabilities [Adopted 1-14-1999 by L.L. No.  1-1999]                     § 168-15. Extent of exemption.   C.Income shall not include a return of capital, gifts, inheritances or moneys earned through employment in the federal foster grandparent program. D.[Amended 1-11-2001 by L.L. No. 2-2001 EN] The extent of the exemption granted shall depend on the annual income as calculated in the above section, and be as follows: Percentage Assessed Valuation Annual IncomeExempt From Taxation   $20,500 or less50%   More than $20,500,45% but less than $21,500   $21,500 or more,40% but less than $22,500   $22,500 or more,35% but less than $23,500 _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 168, TAXATION                 ARTICLE VI,  Exemption for Persons with Disabilities [Adopted 1-14-1999 by L.L. No.  1-1999]                     § 168-15. Extent of exemption.     $23,500 or more,30% but less than $24,400   $24,400 or more,25% but less than $25,300   $25,300 or more,20% but less than $26,200   $26,200 or more,15% but less than $27,100 $27,100 or more,10% but less than $28,000 _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 168, TAXATION                 ARTICLE VI,  Exemption for Persons with Disabilities [Adopted 1-14-1999 by L.L. No.  1-1999]                     § 168-15. Extent of exemption.   $28,000 or more,5% but less than $28,900 E.Any exemption provided by this section shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed; provided, however, that no parcel may receive an exemption for the same municipal tax purpose pursuant to both this section and Real Property Tax Law § 467 (persons 65 years of age or over), as implemented by the town. § 168-16. Application for exemption.   Application for such exemption must be made annually by the owner, or all of the owners of the property, on forms prescribed by the State Board, and shall be filed in such Assessor's office on or before the appropriate taxable status date; provided, however, that proof of a permanent disability need be submitted only in the year exemption pursuant to this section is first sought or the disability is first determined to be permanent. At least 60 days prior to the appropriate taxable status date, the Assessor shall mail to each person who was granted exemption pursuant to this section on the latest completed assessment roll an application form and a notice that such application must be filed on or before taxable status date, and be approved in order for the exemption to continue to be granted. However, failure to mail such application form or the failure of such person to receive the same shall not prevent the levy, collection and enforcement of the payment of the taxes on property owned by such person.   Chapter 177, VEHICLES AND TRAFFIC [HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.] ARTICLE I, Parking [Adopted 8-8-1974 as Ch. 63, Art. I, of the 1974 Code] § 177-1. Parking prohibited.   No motor or other vehicle of any kind shall be allowed or permitted to stop, stand or park in the following streets, roads or highways in the Town of East Fishkill, Dutchess County, New York, at the locations set forth herein: A. ENOn the right-of-way of West Hook Road, a town highway, for a distance of 200 feet measured 100 feet in each direction from the center line of the Wiccopee Fire House as extended across said right-of-way. B.On the right-of-way of Hillside Lake Road, a county highway, for a distance of 250 feet measured 125 feet in each direction from the center line of the Hillside Lake Fire House as extended across said right-of-way. C.On the right-of-way of Old Route 52, a town highway, for the following distances: on the south side of Old Route 52 beginning at a Central Hudson Gas & Electric Corporation Pole No. 2800212, 57 feet east and 76 feet west, a total of 133 measured feet; thence on the north side of Old Route 52 beginning at a Central Hudson Gas & Electric Corporation Pole No. 52345 situate at the east side of the firehouse and running in front of the firehouse a total of 88 measured feet to the west as extended across said right-of-way. D.[Added 12-5-1985 by L.L. No. 10-1985] Along either side of Country Club Road or in any part of the road right-of-way of said Country Club Road, 1,000 feet in from Beekman Road. Along Fishkill Hook Road or in any part of the road right-of-way of said Fishkill Hook Road 200 feet on each side across from the General Store, 200 feet on each side adjacent to General Store and 200 feet south of the General Store on each side of said road. Along any road or in any part of the road right-of-way leading to a Park and Ride facility, 200 feet from any exit or entrance. Along any town road or in any part of the road right-of-way of said town road 100 feet in from a state or county road. Drafing pad at Seguine Pond on Rte. 376. Fill pad at Red Wing Park. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 177, VEHICLES AND TRAFFIC                 ARTICLE I, Parking [Adopted 8-8-1974 as Ch. 63, Art. I,  of the 1974 Code]                     § 177-1. Parking prohibited.   E.[Added 11-12-1992 by L.L. No. 7-1992] Along either side of Old Route 52, a town highway, for a distance of 250 feet in a southeasterly direction measured from the center line of Seaman Road at a point of intersection with Old Route 52. Along either side of Old Route 52, a town highway, for a distance of 250 feet in a northwesterly direction measured from the center line of Seaman Road at the point of intersection with Old Route 52. Along either side of Seaman Road for a distance of 250 feet in an easterly direction measured from the center line of Old Route 52, a town highway, at the point of intersection with Seaman Road. § 177-2. Seasonal parking restrictions. A.No motor vehicle, trailer or wheeled conveyance shall be allowed or permitted to stop, unattended by a licensed driver, or to stand or park on any town road or highway or on any state highway within the town during the winter season between November 1 and April 15 each year. B.The purpose of this section is to facilitate the orderly and unobstructed passage of snowplowing and snow removal equipment during each winter season. C.When any such vehicle, trailer or conveyance is found so stopped or standing or parked, the same may be removed at the direction of the Town Highway Superintendent. D.Storage and charges. After the removal of any such vehicle, trailer or conveyance as provided herein, the Superintendent of Highways may store the same in a suitable place at the expense of the owner thereof. Such owner may redeem the same upon payment to the Town Clerk of the amount of expenses actually and necessarily incurred in effecting such removal; such charge shall be as set from time to time by the Town Board. EN E.Notice of removal. The Town Highway Superintendent shall, without unreasonable delay, report the removal and disposition of any such vehicle, trailer or conveyance removed as provided in this section to the Town Clerk. It shall be the duty of the Town Clerk, to the reasonable extent possible, to notify the owner of the same by ordinary mail of such removal and disposition and of the amount which will be required to redeem the same as of the date of such notice. F.This section is in part an authorization of authority to the Town Highway Superintendent to permit removal of such vehicles, trailers or conveyances; the redemption charges contained in this section are not in themselves intended as a penalty for the violation of this article, nor is the payment of the same by the owner to be an alternative to the penalty provided under § 177-3 hereof. § 177-3. Penalties for offenses.   An offense against this article is hereby declared to be a traffic infraction, and a person violating same may, upon conviction, be fined by a fine not exceeding $50 or imprisonment not exceeding 15 days, or by both such fine and imprisonment. ARTICLE II, Parking, Stopping or Standing on Private Lands [Adopted 8-8-1974 as Ch. 63, Art. II, of the 1974 Code; amended 1-12-1989 by L.L. No. 3-1989] § 177-4. Short title.   This article shall be known and may be cited as a "Local Law Amending Article II of the Town of East Fishkill Code to Prohibit Parking, Stopping or Standing of Motor Vehicles on Private Lands." § 177-5. Definitions. A.Words used herein shall have the same meanings as defined in the Vehicle and Traffic Law of the State of New York and the Zoning Ordinance of the Town of East Fishkill.EN _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 177, VEHICLES AND TRAFFIC                 ARTICLE II, Parking,  Stopping or Standing on Private Lands [Adopted 8-8-1974 as Ch. 63, Art.  II, of the 1974 Code; amended 1-12                     § 177-5. Definitions.   B."Owner" is a person in general charge of the operation and control of a parking area. C.Fire lanes are areas designated as "No Parking" or "No Standing" pursuant to this Article II of the East Fishkill Code to provide access to buildings for fire and emergency vehicles. § 177-6. Legislative findings.   It is hereby declared and found that it is vital to the public welfare of the inhabitants and visitors of the town that roadways and parking areas in shopping plazas and other areas of concentrated public use be maintained in such a manner that all such areas shall have access for emergency and fire vehicles into said areas, and that in controlling said private roadways and areas it will contribute to the protection and preservation of the property of the town and its inhabitants' benefit and generally secure the general welfare of the public, and that the adoption of this article is within the public interest. § 177-7. Establishment of a fire lane.   The Town Board may designate a fire lane by local law: A.Upon written request of the owner of a parking area or private streets of a shopping center, multifamily complex, fire station or industrial complex or other private lands; or B.Upon request of the Fire Chief of the Fire Department serving such area. § 177-8. Designation of areas; signs and maintenance. A.Fire lanes shall be designated with appropriate signs or markings, as directed by the Town Board. B.The town shall supply and maintain the designations and markings and the charge shall be a town charge, provided: (1)The need for such maintenance is not caused by an act of the owner or his agents. (2)Any owner who removes a sign or alters road markings due to reconstruction of parking areas shall be required to replace such signs and markings at his own expense. § 177-9. Parking and standing prohibited in designated areas. A.Parking, standing or stopping of vehicles within the area designated as fire lane is prohibited except for vehicles delivering merchandise, provided such vehicles are not left unattended. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 177, VEHICLES AND TRAFFIC                 ARTICLE II, Parking,  Stopping or Standing on Private Lands [Adopted 8-8-1974 as Ch. 63, Art.  II, of the 1974 Code; amended 1-12                     § 177-9.  Parking and standing prohibited in designated areas.   B.[Amended 9-21-1989 by L.L. No. 10-1989] The following areas are hereby designated as fire lanes. EN § 177-10. Removal and storage of vehicles. A.The Town Police Department is authorized, in areas designated by this article and properly posted, to seize, remove and store any motor vehicle which is parked or abandoned in said areas during a snowstorm, flood, fire or other public emergency. It shall be the duty of the Police Department to ascertain the owner or the person in charge of such vehicle and to advise him of the seizure and disposition of the vehicle. B.The owner or other person in charge of such vehicle may redeem the vehicle by paying the expenses actually and necessarily incurred, as set from time to time by the Town Board.EN § 177-11. Penalties for offenses.   Any person committing an offense against any provision of this article relating to parking of a motor vehicle shall be guilty of a traffic infraction and shall, for the first conviction thereof, be punished by a fine of not more than $50 and for a second or subsequent offense within 18 months after the first conviction, such person shall be punished by a fine of not more than $100 or by imprisonment of not more than 15 days, or by both such fine and imprisonment. ARTICLE III, Use of Highway for Solicitation [Adopted 9-12-1996 by L.L. No. 10-1996] § 177-12. Prohibitions on pedestrian activity within highway.   In addition to the activities prohibited under Vehicle and Traffic Law § 1157, the following activities are prohibited within all highways within the Town of East Fishkill other than state highways maintained by the state: A.No person shall occupy any part of any highway in the Town of East Fishkill in any manner for the purposes of soliciting monetary contributions. § 177-13. Penalties for offenses.   Every person convicted of a violation of this section shall be guilty of a traffic infraction, and shall, for a first conviction thereof, be punished by a fine of not more than $100 or by imprisonment for not more than 15 days, or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of 18 months, such person shall be punished by a fine of not more than $100 or by imprisonment for not more than 45 days, or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of 18 months, such person shall be punished by a fine of not more than $300 or by imprisonment for not more than 90 days or by both such fine and imprisonment. Fire Lane Designations Town of East Fishkill Fire Lane Designations   NameLocationTax Map No.Fire Lane Designation _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 177, VEHICLES AND TRAFFIC                 ARTICLE III, Use of Highway for Solicitation [Adopted 9- 12-1996 by L.L. No. 10-1996]                     Fire Lane Designations   Hopewell Hose Fire Co. #1Route 3766457-03-395326North and south of bay doors Stormville Fire Co. #2Old Route 526657-03-098246West of building; in front of bay doors Stormville Fire Co. #2 SubstationMountaintop6655-02-865913West of building; in front of bay doors Road Hillside Lake Fire Co.Hillside Lake Road6458-06-482898North of building Wiccopee Fire Co. #4West Hook Road6355-00-395502Front of bay doors on west and north of buildings Wiccopee Fire Co. #4 SubstationTownsend Road6455-00-742910Front of bay doors on north of building Grand Union Plaza I & IIRoute 376 & 826457-01-328570Front of building from northwest corner of Grand Union, southeast to southeastern corner Plaza at Route 82 (presentlyRoute 826457-01-280546Front of building; from northeast corner to containing Sandy’s Camera Shop,southwest corner Van Vlack Cleaners, Jeans-n-T’s, Plaza Barber Shop) Plaza at Route 82 (presentlyRoute 826457-01-280546Front of building; from northeast corner to containing Italian Delight Deli,southwest corner Hopewell Sporting Goods, Hopewell Bakery, Norge Village Laundry) Plaza at Route 82 (presentlyRoute 826457-01-274544Front of building; from northeast corner to containing Cracker Barrel, Hunamsouthwest corner Restaurant, Midvalley Decorations, Carvel Ice Cream)   Town of East Fishkill Fire Lane Designations   NameLocationTax Map No.Fire Lane Designation Betterway BeverageRoute 826357-04-851415Front of building; southeast corner of loading dock to southwest corner Saint Columbia SchoolRoute 826457-01-301646Front of building; west corner of convent extending south to southwest corner of school, then south to southwest corner of school Croniser ConstructionRoute 826457-01-232559Rear of building (north); and west of building Russo Wines and LiquorsRoute 826457-01-247570Rear of building (north) Hillside Lake Fire Co. Hillside Lake Road6458-06-482898Front of bay doors, north of building Grand Union PlazaRoutes 376 & 826457-01-328570Front of building from northwest corner of  Grand Union to northeast corner, south to Neustadt Drugs, east to Hopewell Hardware, then south to southeastern rear corner of building Betterway BeverageRoute 826357-04-851415Front of building. Steel posts should be removed so that the fire lane is not obstructed Don Ward’s Auto BodyRoute 826457-01-220586Driveway northeast of building William Tell HardwareRoute 826457-01-210545West side of building, from curb north to fence Bank of New York  Route 826457-01-220511Front of structure; from northeast corner of building extending to northwest corner of building   Town of East Fishkill Fire Lane Designations   NameLocationTax Map No.Fire Lane Designation Saint Columbia SchoolRoute 826457-01-301646Front of building; from edge of sidewalk west of building then easterly and southerly to southernmost corner of building Saint Columbia ConventRoute 826457-01-301646Front of building; along south side, from sidewalk to driveway Plaza at Route 82: (presentlyRoute 826457-01-328570Front of building; northwest corner to northeast containing Fishkill National Bank,corner, then south to current striped parking Great Mane, All Season Real Estate, Thad’s Cleaners, The Lookout Computer Shop, The Rose Garden, Pat’s Sweet and Things) Sisto’s Super Seven PlazaRoute 3766358-02-911567Front of building; from southwest corner to southeast corner Hopewell PharmacyRoute 826457-01-252530Front of building from northwest to northeast corner, then along side of building to southeastern corner Pizza Village/Anthony’s CateringRoute 826457-01-221552Rear of building (north) Plaza at Route 82 (presentlyRoute 826457-01-231518Front of building; northeast corner extending containing Peter’s Unisex, Villagesouthwest to southwest corner Shoes, Fishkill Department Store, Hopewell Men’s Store) William Tell HardwareRoute 826457-01-210545Rear of building (north) Plaza at Route 82 (presentlyRoute 826457-01-242524From northeast corner extending in front of containing Video Pit, Hopewellsouthwest corner Hot Bagels, Dutchess Beauty Supply, Pied Piper Party Outlet, Barones Paint Plus   Town of East Fishkill Fire Lane Designations   NameLocationTax Map No.Fire Lane Designation Hopewell PharmacyRoute 826457-01-252530Front and sides; northeast corner to southwest corner Wiccopee PlazaRoute 526356-03-455073Front of building facing Route 52, from southwest northeast corners Robert Mark BuildingRoute 526356-04-613216Front of building Sisto’s Super Seven PlazaRoute 3766358-02-911567Front of building; from southwest to northwest corners Bank of New York Route 826457-01-220511Front of structure; from northwest of building extending to southwest corner Dutchess BankRoute 826457-01-266580Rear of building (north) Steve’s Garage and Don Ward’sRoute 826457-01-220586Rear of building (north) Auto Body Plaza at Route 82 (presentlyRoute 826457-01-328570Front of building; northwest corner of bank to containing Fishkill National Bank,southeast of building Great Mane, Virgo Travel, Thad’s Cleaners   Chapter 186, WATER [HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.] ARTICLE I, Standards for Installation of Water Mains, Valves and Hydrants [Adopted 4-10-1975] § 186-1. Scope. [Amended 1-12-1989 by L.L. No. 2-1989] A.These specifications shall be used for construction of water lines within the Town of East Fishkill. These include the mains within the streets and on rights-of-way and building connections, including the necessary items such as valves, hydrants and appurtenances. These specifications shall be considered to be minimum acceptable standards for construction. B.Upon approval of the Engineer, the owner may use as alternative specifications applicable standards of the Dutchess County Health Department and New York State Department of Environmental Conservation or other agencies of jurisdiction, as long as such specifications meet or exceed the specifications herein, but the owner in no case shall be allowed to use standards which are less stringent than those adopted herein. § 186-2. Definitions.   As used in this article, the following terms shall have the meanings indicated: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE I, Standards for Installation of Water Mains,  Valves and Hydrants [Adopted 4-10-1975]                     § 186-2. Definitions.   ANSI -- The numbered specifications of the American National Standards Institute, as revised at the time design is approved. AWWA -- The numbered specifications of the American Water Works Association, as revised at the time design is approved. ENGINEER -- The Engineer for the Town of East Fishkill or his authorized deputy, agent or representative. OWNER -- The legal owner of the real estate to be improved, or such person designated as his agent, in writing, to the Engineer. OWNER'S ENGINEER -- The engineer of record with reference to the water system. § 186-3. Permits.   The owner shall obtain such permits as are necessary for the opening of streets, building permits and such others as are required by local law. These shall be obtained prior to the start of construction and at no cost to the Town of East Fishkill. The owner shall be responsible for payment of all fees required by such local laws. § 186-4. Notice of construction.   The Engineer shall be notified at least seven working days in advance of the start of construction. § 186-5. Judge of quality and suitability.   All materials becoming a part of the permanent construction, as called for on the approved drawings and in the specifications, shall be first class in every respect and subject to the approval of the Engineer who shall be the sole judge of their quality and suitability for the purposes that they are to be used. If any material, brought on the site for use in the work, is condemned by the Engineer after arrival at the site, as unsuitable or not in conformity with the specifications, the owner shall immediately remove such materials from the construction site. § 186-6. Approved drawings. [Amended 1-12-1989 by L.L. No. 2-1989]   Approved drawings shall consist of a set of plans and profiles prepared by the owner's engineer and submitted to the Engineer for review and approval as to conformity to the basic municipal water supply system plan and the specifications. The Engineer's approval shall be affixed to the drawings, and a copy of such approved drawings shall be on the construction site at all times. No deviation shall be made from the line and grade, or by substitution of materials, from that shown on the approved drawings, except by written authorization of the Engineer. § 186-7. As-built drawings.   The owner's engineer shall provide the Engineer with a revised set of permanent reproducible drawings showing the as-built location, sizes and elevations of water lines, valves, hydrants, building connection, water main and service terminations and easements, together with such legal descriptions as are required for proper recording of such easements. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE I, Standards for Installation of Water Mains,  Valves and Hydrants [Adopted 4-10-1975]                     § 186-8. Water main sizes.   § 186-8. Water main sizes.   All water mains shall be no smaller than eight-inch diameter. Written requests for exceptions shall be submitted to the Engineer for approval. The Engineer may require the installation of water mains of greater size than eight-inch diameter if, in his judgment, service conditions so require. § 186-9. Water main materials. [Amended 1-12-1989 by L.L. No. 2-1989] A.Ductile iron pipe. (1)Type and class of pipe. All ductile pipe shall meet the requirements of the specifications tabulated below and shall be in accord with the pressure and thickness classifications tabulated: Material Specifications   ANSI A21.51-86AWWA C151-86 ANSI A21.4-85AWWA C104-85 (2)Joints. (a)Mechanical joints shall meet the requirements of ANSI Specification A21.11-86 (AWWA C111-86) and shall have the same pressure rating as the pipe of which it is a part. Assembly of mechanical joint fittings shall be completed with a torque wrench. Torque to be applied to each bolt shall be between 60 pounds and 90 pounds. After all pipe and fitting joints have been completed, there shall be inserted in each joint two bronze wedges as furnished by the pipe manufacturer. They shall be firmly driven between the outside surface of the pipe and the inside surface of the socket. The wedges shall be placed 180° apart on the horizontal axis. (b)Except as necessary to connect into existing pipe, rubber-ring-type gaskets shall be used with bell and spigot pipe, mechanical joints or push-on joints, which gaskets shall be equal to Fastite as made by the American Cast Iron Pipe Company; Bell-Tite as made by Clow Company; Tyton as made by the U.S. Cast Iron Pipe Company. (c)A thin coat of lubricant shall be applied to each spigot end, as required by ANSI Specification A21.11-7.4-86. (3)Fittings. All bell and spigot cast-iron fittings and mechanical joint ductile-iron pipe fittings shall meet the specification of ANSI A21.10-87. (4)Coating and lining. All ductile-iron pipe and fittings shall be coal tar pitch coated on the outside and cement lined on the inside, in conformance with ANSI A21.4-85 specification (AWWA C104-85). Coating and lining shall be accomplished at the point of manufacture. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE I, Standards for Installation of Water Mains,  Valves and Hydrants [Adopted 4-10-1975]                     § 186-9. Water main materials. [Amended 1-12- 1989 by L.L. No. 2-1989]   B.Polyvinyl chloride (PVC) pressure pipe, four-inch through twelve-inch diameter for water main. (1)Material and class. All PVC pressure pipe for water systems and appurtenances therefor shall conform to the current (latest revision) AWWA Standard Specification C900-81 in all respects, including the following: (a)The class of the pipe to be furnished shall be Class 200 for pipe sizes up to eight-inch diameter pipe and Class 150 above eight-inch diameter pipe. (b)Certified records of tests made by the manufacturer or by an approved commercial laboratory, or by both, as required by the Engineer, shall be submitted to the Engineer with each shipment of pipe, demonstrating that the pipe delivered complies with the specifications herein. (2)All couplings, fittings, valves, gaskets (elastomeric) and other such related appurtenances shall be in conformance with current AWWA Standards governing such appurtenances for the pipe being provided. C.Marking. (1)Ductile-iron pipe and fittings. (a)Each length of pipe and each random and short length of pipe shall be marked with the manufacturer's name, trade name, nominal size, class, hydrostatic test pressure, a "T" to signify it was tested and the date of manufacture. (b)Each coupling shall be marked by the manufacturer with the manufacturer's identification, the size, the year of manufacture and the class of pipe with which it can be used. § 186-10. Water main installation. A.Excavation. (1)Trench width. (a)The trench width may vary with and depend upon the depth of trench and the nature of the excavated material encountered but, in any case, shall be of ample width to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted properly. (b)The minimum width of unsheeted trench shall be at least 18 inches larger than the outside diameter of the pipe except by consent of the Engineer; the maximum clear width of trench shall be not more than two feet greater than the outside pipe diameter. When sheeting and bracing is used, the trench width shall be increased accordingly. All trenching operations shall be performed in compliance with OSHA safety standards. [Amended 1-12-1989 by L.L. No. 2-1989] (2)Pipe cover. Minimum cover over top of water mains shall be five feet measured from established grade of street. Cover in excess of five feet may be approved by the Engineer. [Amended 1-12-1989 by L.L. No. 2-1989] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE I, Standards for Installation of Water Mains,  Valves and Hydrants [Adopted 4-10-1975]                     § 186-10. Water main installation.   (3)Bedding. (a)The trench, unless otherwise specified, shall be excavated at least four inches below the bottom of the pipe and bottom shall be brought back to grade by thoroughly compacting selected backfill which meets the requirements of Subsection A(6). This bedding requirement may be waived by the Engineer if pipe foundation soil condition warrants same. Said waiver is to be solely determined by the Engineer. [Amended 1-12-1989 by L.L. No. 2-1989] (b)When the uncovered trench bottom at subgrade is soft and, in the opinion of the Engineer, cannot support the pipe, a further depth and/or width shall be excavated and refilled to pipe foundation grade with slag, stone and/or other approved materials, or other approved means shall be adopted to secure a firm foundation for the pipe. (c)Ledge rock, boulders, large stones and shale shall be removed to provide a clearance of at least six inches below all parts of the pipe, valves or fittings, and a clear width of nine inches on each side of all pipe shall be provided. (d)Bell holes of ample dimensions shall be dug at each joint to permit the jointing to be made properly. Adequate clearance for properly jointing pipe laid in rock shall be provided at bell holes. (4)Sheeting and bracing. Sheeting and bracing shall be used as required or ordered by the Engineer to support the sides of trenches or other excavation. Such sheeting and bracing shall be removed as the trench or excavation is backfilled, unless the Engineer shall order the same left in place. (5)Backfilling. The backfilling shall be first done over the middle portion of each length of pipe, bringing the cover to a depth of at least one foot over the top of the pipe and leaving all joints exposed until after the pipe has been tested and passed by the Engineer. The rest of the backfilling shall be done in the same manner. (6)Selected backfill. All backfill under, around and to a depth of one foot over the top of all pipes and valves shall be made with a selected material thoroughly tamped. The material to be used for selected backfill embedment shall be a natural bank sand graded from fine to coarse, not lumpy or frozen and free from slag, cinders, ashes, rubbish or other deleterious or objectionable material. It shall not contain a total of more than 5% by weight of loam and clay, and all material must be capable of being passed through a three-fourths-inch sieve. Not more than 5% shall remain on a No. 4 sieve. Samples of the material to be used shall be submitted to and be approved by the Engineer or his authorized agent. Limestone screenings, sand, bank-run gravel and approved excavated material may be utilized with the approval of the Engineer. (7)Earth backfill. (a)Only after the backfill previously mentioned has been satisfactorily compacted may work proceed in placing the remaining backfill which must be carefully placed and compacted by tamping, puddling or rolling. All precautions must be taken to eliminate future settlement. (b)Where pavements, driveways, curbing and sidewalks are to be placed or are to be replaced, all backfill placed over the pipe shall be compacted with the use of approved vibratory or flat-faced mechanical tampers in layers not more than 12 inches thick, loose measurements, to 95% standard proctor density (per ASTM: D698 method). If any compaction is questioned by the Engineer, the owner shall supply test results to verify the compaction. [Amended 1-12-1989 by L.L. No. 2-1989] (c)Backfilling shall not be done in freezing weather, except by permission of the Engineer, and it shall not be made with frozen materials nor shall any fill be made where the material already in the ditch is frozen. (d)All backfill above a plane one foot above the top of all pipes may be made with material excavated from the trenches, provided that the same is satisfactory to the Engineer. If, in the opinion of the Engineer, the material excavated is unsatisfactory, other material suitable for backfill shall be used. All backfill shall be free from slag, cinders, rubbish and other objectionable material. (8)Pipe laying. (a)Pipe, couplings and fittings shall be handled and installed in accordance with the recommendations of the pipe manufacturer. Proper and suitable tools and appliances for the safe and convenient handling and laying of the pipes and fittings shall be used. Under no circumstances shall pipe or accessories be dropped or dumped into the trench or bumped while handling. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE I, Standards for Installation of Water Mains,  Valves and Hydrants [Adopted 4-10-1975]                     § 186-10. Water main installation.   (b)Great care shall be taken to prevent the pipe coating from being damaged, particularly on the inside of the pipes and fittings, and any such damage shall be remedied as directed. All pipes and fittings shall be carefully examined for defects just before laying, and no pipe or fitting shall be laid which is known to be defective. Pipes shall be laid only in properly prepared trenches and on compacted sand cradle, true to line and grade and with no dips or rises except as required by the design. (c)All pipes and fittings shall be thoroughly cleaned before they are laid, shall be kept clean until they are used in the completed work and, when laid, shall conform to the lines and grades of the design. Open ends of pipe shall be kept plugged with a bulkhead during construction. (d)Pipe laid in trench shall be laid to a firm and even bearing in material for its full length. [Amended 1-12-1989 by L.L. No. 2-1989] (e)No pipe shall be laid in wet trench conditions which preclude proper bedding as specified or on frozen trench bottom, or when in the opinion of the Engineer the trench conditions or weather are unsuitable for proper installation. (f)It is the intention of these specifications to secure first class workmanship in the placing of pipe and accessories. (9)[Amended 1-12-1989 by L.L. No. 2-1989] Nonstandard deflections. Whenever changes in line and grades of the main are not standard fitting deflections, combinations of standard fittings and small deflections, in the adjoining lengths of pipe will be permitted, subject to the following limitations: (a)For ductile iron bell and spigot pipe, the maximum deflection at each joint shall be 3°. (b)For ductile iron mechanical joint pipe, the above deflection shall be limited to 5°. (c)For PVC pipe, the above deflection shall not exceed that recommended as maximum by the pipe manufacturer. (10)Buttresses and anchorages. Bends, T's and plugged ends shall be buttressed or anchored with poured concrete as directed by the Engineer. (11)Operating valves. The operation of all gate valves on existing mains for making connections or tests, or for any other cause, shall be done by the town water district (if such districts are created), and sufficient notice shall be given to the town water district by the contractor so that the work may be done with a minimum of inconvenience to the public and delay to the contractor. § 186-11. Testing and sterilization. A.Testing. (1)After the pipe is laid and before backfill is placed around joints, such length of the water main as the Engineer may have determined shall be tested under hydrostatic pressure. The section of pipe to be tested shall be filled with water for a minimum period of 48 hours and then subjected to the test. The test pressure shall be 50% greater than the operating pressure measured at the lowest elevation of the system. [Amended 1-12-1989 by L.L. No. 2-1989] (2)[Amended 1-12-1989 by L.L. No. 2-1989] The duration of the test shall be two hours unless otherwise directed by the Engineer. Under test, pipelines shall show leakage not exceeding the following: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE I, Standards for Installation of Water Mains,  Valves and Hydrants [Adopted 4-10-1975]                     § 186-11. Testing and sterilization.   (a)Ductile iron: L =    SDP        133,200   (b)PVC: L =   ND P         7400 Where "L" is the allowable leakage in gallons per hour, "N" is the number of joints in the length of pipeline being tested, "S" is the length of pipe in feet, "D" is the nominal pipe diameter in inches and "P" is the average test pressure during the leakage test in pounds per square inch gauge. (3)Tests shall be under the direction of the Engineer or his designate. The contractor shall furnish a pressure gauge for measuring the pressure on the water main and shall also furnish a suitable pump, pipes and all appliances, labor, fuel and other appurtenances necessary to make these tests. The test pressure shall be maintained for a sufficient length of time to allow for a thorough examination of leakage where necessary. The pipeline shall be made watertight under the test pressure. B.Disinfecting mains. (1)Water mains shall be disinfected in accordance with AWWA C651-86 prior to being placed into service. For short lengths of main, the contractor may use the tablet method, if conditions so warrant and it is approved by the Engineer and Health Department. Disinfected water must lay in mains for a minimum of 24 hours before being thoroughly flushed for usage. [Amended 1-12-1989 by L.L. No. 2-1989] (2)The contractor shall furnish the necessary labor, equipment and material required for such chlorination. The contractor shall furnish the necessary labor for excavating and backfilling which will be required for the chlorination work. Chlorination by the contractor shall be continued or repeated until tests conducted by the Town Engineer shall indicate an acceptable residual of chlorine is present in the water. (3)Following chlorination, all treated water shall be thoroughly flushed from the newly laid pipe at its extremities until the replacement water throughout its length shall, upon test, both chemically and bacteriologically, be proven equal the water quality served the public from the existing water supply system. § 186-12. Valves. A.Gate valves. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE I, Standards for Installation of Water Mains,  Valves and Hydrants [Adopted 4-10-1975]                     § 186-12. Valves.   (1)All gate valves shall conform to the AWWA Specifications for Water Valves, Designation C500-86, except as herein modified. Gate valves three inches and larger in size shall be equal to Darling AWWA Gage Valves as manufactured by the Darling Valve and Manufacturing Company of Williamsport, Pennsylvania, or to Rensselaer Valve Company, Troy, New York. [Amended 1-12-1989 by L.L. No. 2-1989] (2)All gate valves three inches and larger in size shall be of the iron body bronze mounted, double disc, parallel seat type, with nonrising bronze stem, shall open by turning to the left and shall be operated by nut or handwheel as required. (3)All valves (gate) shall be of the same size as the water main in which they are to be installed. B.Tapping sleeves and valves. (1)Tapping sleeves and valves shall be used for all connections, six inches and larger in size, to any existing main where 10 or more domestic services would be shut off if a T or other connection were to be made. (2)The tapping sleeves shall be properly sized to fit the existing mains to which connections are to be made. (3)The sleeves shall be of the bolted type, of rugged cast-iron construction of ample strength for the service intended, and shall be caulked with lead the full length of the sleeve after attachment to the existing main. The existing pipe shall be thoroughly cleaned prior to installation of the tapping sleeve. (4)Tapping valves shall be not less than one size smaller than the diameter of the existing main to which connection is to be made unless otherwise permitted by the Engineer. (5)The tapping valves shall meet the AWWA Specifications for Gate Valves, except that oversized seat rings shall be provided to permit the use of full-sized cutters through the valve. The valve ends shall be flanged, with flanges plain faced and drilled to ANSI one-hundred-twenty-five-pound standards. The valves shall be nut operated and shall open by turning to the left. Tapping valves shall be installed and open vertically. C.Valve boxes and covers. Valve boxes and covers shall be installed over each vertically set, buried valve and elsewhere as directed. Valve boxes and covers shall be of the adjustable type and shall be equal to standard valve box No. F-2450, of the required length, as manufactured by the Clow Company. Valve box covers shall be of the stay-put type (Claw F-2494) with the word "WATER" cast thereon in raised block capital letters. Base size and extension piece length shall be as required for each individual size and depth of bury. D.Corporation stops. A corporation stop shall be installed at each service connection. Corporation stops shall be as manufactured by the Mueller Company and equal to Grinnell Figure H-1003 with Mueller inlet thread and IP outlet thread one size larger than body. § 186-13. Hydrants. A.Location and number of hydrants shall be approved by the Town Engineer. B.Size and type: (1)All hydrants shall be six inches in size with a six-inch mechanical joint inlet connection, and shall be equal to the Model H100 as manufactured by the A.P. Smith Manufacturing Company, East Orange, New Jersey. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE I, Standards for Installation of Water Mains,  Valves and Hydrants [Adopted 4-10-1975]                     § 186-13. Hydrants.   (2)Each hydrant shall have the name of the maker, the year when made and the size of main valve opening cast upon it in raised letters. (3)Unless otherwise directed by the Town Engineer, each hydrant shall be fitted with one four-and-one-half-inch National Standard thread steamer nozzle and two-and-one-half-inch National Standard thread hose nozzles. The size and thread of all outlets shall meet the standards of the local Fire Department. (4)The main valve shall open by turning in a counterclockwise direction and shall open against the pressure. This valve shall be faced with rubber which shall seat against an accurately machined bronze seat. (5)The top cap of the hydrant shall be provided with a waste or drip to prevent the cap from filling with water. (6)The hydrants shall be provided with automatically operated drainage valves to permit drainage of the hydrant when the main valve is in closed position. (7)The head of the revolving nut or operating nut and nozzle cap nuts shall be of the exact dimensions of those in use in the local water district. (8)The nozzle caps shall be secured to hydrants by means of galvanized or cadmium plated steel chain of not less than one-eighth-inch diameter links. (9)The hydrant bottom, connecting pipe, head, packing dome, date, nozzle cap and umbrella operating nut shall be made of cast iron. (10)All bolts and nuts shall be of the best quality of wrought iron or steel, rustproofed; the heads, nuts and threads shall be of standard size. All joints shall be faced true and smooth so as to make a perfectly watertight joint. (11)All castings, whether of iron or bronze, shall be of uniform thickness in their several parts and shall be sound and smooth, without cold-shuts, sand holes or other defects of any description. All materials shall conform to those standards as required by AWWA Specification C502-85. [Amended 1-12-1989 by L.L. No. 2-1989] C.Cleaning and painting. (1)All iron parts of the hydrant, inside and outside, shall be thoroughly cleaned and, thereafter, all surfaces inside and outside, except the exterior portion above ground line, shall be shop painted with two coats of asphalt varnish conforming to the requirements of Federal Specification TT-V-51A or Army-Navy Specification JAN-P-450. The first coat shall be allowed to dry thoroughly before the second coat is applied. (2)The outside of the hydrant above the finished ground line shall be thoroughly cleaned and thereafter painted in the shop with two coats of paint of a durable and weatherproof composition conforming to Federal Specification TT-P-86A (Type IV). The color or colors of finish paint above the ground line shall be as required by the local Fire Department. D.Hydrostatic test. (1)After completion of fabrication, each hydrant shall be tested at the shop by hydraulic pressure, as follows: a pressure of 300 pounds per square inch shall be applied to the body of the hydrant before the protection case is put on; after the hydrant is assembled complete, with a test elbow, a pressure of 300 pounds per square inch shall be applied below the compression valve, and 200 pounds per square inch above the valve. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE I, Standards for Installation of Water Mains,  Valves and Hydrants [Adopted 4-10-1975]                     § 186-13. Hydrants.   (2)Any hydrant showing a sweating of the metal under any of these tests, or leaking at the valve or stuffing boxes, or showing any other defects shall be rejected. E.Hydrant connection. The connection from the wafer main to the hydrant shall be cast-iron six inches in diameter and shall be provided with a six-inch gate valve and adjustable valve box and cover. F.Installation. Hydrants shall be set plumb on a poured concrete base six inches thick, extending across the full width of the trench and affording buttress support against the end wall of the trench. Weep hole drainage shall be provided by means of one cubic foot of coarse gravel or crushed stone mixture with coarse sand. Hydrant installation shall conform, in all respects, with AWWA Standard C600-87, Sections 11 and 12. [Amended 1-12-1989 by L.L. No. 2-1989] § 186-14. Connections. A.Main connections. All connections with the mains of the Town of East Fishkill shall be made under the supervision of water district employees, at the expense of the owner. The owner shall furnish such labor and do and perform such excavation, sheeting, pumping, etc., as may be directed. The owner shall, before the water is turned on, pay such fees as required in the schedules for the water district. All taps and service connections shall be installed under the supervision of water district employees at the expense of the owner and/or contractors and in trenches to be excavated and backfilled by said owner. A separate tap shall be required for each building served. [Amended 1-12-1989 by L.L. No. 2-1989] B.Building connections. All building connections shall have a check valve installed ahead of the meter. Service lines from the main to house shall be Type K copper having mechanical joints only unless directed by the Town Engineer. [Amended 1-12-1989 by L.L. No. 2-1989] C.Pump house connections. All piping within any pump house shall be installed with threaded connections. Where a connection is to be made at the main line to the distribution station the contractor will be required to install short lengths of pipe and swing joints. § 186-15. Inspections; approval and acceptance by the town. A.Inspection and tests. All material and workmanship shall be subject to inspection, examination and test by the Town Engineer or authorized town representative. The contractor shall submit manufacturer's certifications, standards, fabrications and working drawings as required. Requests for changes in types of materials and specifications must be submitted to the Town Engineer in writing. B.Final inspection. Final inspection and acceptance of the facilities by the town shall be one year after completion of construction. During the probationary period of one year, the contractor is to remedy, at his expense, all defects in the work as may become evident or as may be required by the Town Engineer. ARTICLE II, Water Use [Adopted 4-14-1983 by L.L. No. 2-1983] § 186-16. Purpose.   It is the purpose of this article to establish rules and regulations concerning the taking and using of water furnished and supplied by municipal water districts in the Town of East Fishkill, and to provide enforcement measures for the protection of the continued operation of these systems. § 186-17. Definitions.   As used in this article, the following terms shall have the meanings indicated: _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE II, Water Use [Adopted 4-14-1983 by L.L. No. 2- 1983]                     § 186-17. Definitions.   OWNER or CONSUMER -- The owner or owners of the premises supplied or furnished with water. SERVICE PIPE or SERVICE MAIN -- The pipe and attachments of every kind and nature thereto connecting the street main with the house or building piping. SUPERINTENDENT OF HIGHWAYS -- The Superintendent of Highways of the Town of East Fishkill. WATER DEPARTMENT -- That department or agency of the town which is authorized by the Town Board to operate, maintain and in general terms manage the water system(s) of the municipality. WATER MAIN or STREET MAIN -- The pipe, attachments and appurtenances of every kind and nature conveying water along the streets of the town. § 186-18. Application. A.This article shall apply to all municipal water districts in the Town of East Fishkill, and shall govern the taking and use of any water furnished and supplied by said district. B.The Town Board may, from time to time, enact further regulations to govern any or all municipal water districts in the Town of East Fishkill, by resolution, ordinance or local law. C.Every owner taking water or permitting water to be taken for use on premises of such owner shall be bound by these rules and regulations and by such other rules and regulations as may hereinafter be established by law. § 186-19. District and owner responsibility. A.The district shall be responsible for the operation and maintenance of the district wells, water mains and street mains. B.The individual property owner shall be responsible for the maintenance and repair of the service pipes or service mains, and all fixtures connected therewith, from the building to the curb stop, and shall keep them in good repair at his own expense, and prevent all unnecessary waste of water. When an owner is notified by the district that a repair under this section is necessary, such repair shall be made by the owner within five days of service of such notice. Upon failure to comply with this rule, the district may enter the property and make such repairs, and charge them to the owner, as provided in Subsection F. Upon failure to comply with this rule, the district may also disconnect the water supply as provided in § 186-34. C.If repairs to the service main or its appurtenances and fixtures becomes necessary, the repair and the cost of such repair will be made at the expense of the water district if the defect is located between the street main and the curb stop. If the defect is between the curb stop and the building, the repair and full cost of the repair shall be the responsibility of the owner of the premises. D.The owner shall have the responsibility of reporting any defect in a water meter to the Water Department immediately. The district shall repair and maintain water meters, when necessary, except that when the Water Department determines that the repairs have been necessitated by negligence or tampering by the owner, the cost of repair shall be charged to the owner. E.The owner shall have the responsibility of duly paying any water rents or other fees and charges established and assessed by the district. Continued provision of water to premises is specifically conditioned upon prompt payment of these duly imposed charges. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE II, Water Use [Adopted 4-14-1983 by L.L. No. 2- 1983]                     § 186-19. District and owner responsibility.   F.Whenever repair services are performed by the district and determined to be the responsibility of an owner pursuant to this section, a bill for the expense thereof shall be remitted to the owner. Such repair bill shall be payable within 30 days of the date of issuance. Any failure to pay such repair bills shall be dealt with in the same manner as delinquent water rates as provided in § 186-32. § 186-20. Limits on water usage. A.The water district reserves the right to shut off the water in the mains at any time for the purpose of making repairs or extensions or for other necessary purposes and will, where possible, give due notice, except in cases of breaks and emergencies. The water district will not be responsible for any damages resulting directly or indirectly from any interruption of the water supply. In cases where boilers or other appliances in a premises depend upon the pressure in the service line to keep them supplied with water, the owner or occupant shall place suitable safety devices to guard against the possibility of collapse or explosion when the water supply is interrupted. Likewise such owner or occupant shall protect water-cooled compressors for refrigeration systems by means of high-pressure safety cutout devices and shall provide means for the prevention of the transmission of water hammer or noise of operation of any valve or appliance through his piping to any adjacent premises. Failure of the owner or occupant to provide such safety devices shall in no way make the district responsible for any damage. B.The water district may, in times of water shortage or emergency, limit the amount of public water supply to each owner or building. The Town Board shall determine when such a water shortage or emergency exists, by resolution. In case of such emergency or water shortage, notice of the finding of the emergency, and the restrictions imposed by the Town Board shall be given by posting same on the Town Clerk's bulletin board, and by mail, telephone, or delivery of printed notices, to the properties within the district. Any person failing to comply with the conditions or restrictions imposed upon a finding of water shortage or emergency shall be guilty of an offense against this article, punishable as provided in § 186-34. C.The town and/or water district shall not be liable for any damage resulting from leaks, broken pipes or from any other cause, occurring to or within or without any house or building, and it is expressly stipulated by and between the water district and the consumer that no claim shall be made against said town and/or water district on account of the bursting or breaking of any main or service pipe or any attachment to said waterworks. D.The town and/or water district shall not be liable for any deficiency or failure in the supply when occasioned by shutting off water to make repairs or connections or by failure from any cause beyond control. E.The water district reserves the right to restrict the supply of water whenever the public welfare may require it, as the water district may determine. The Town and the water district make no guaranty as to the amount or consistency of pressure or volume of the water it furnishes and will not under any circumstances be responsible for any loss or damage from excess, deficiency or variation in the pressure, volume or supply of water or for loss or damage caused by water escaping from or obstructions in a service line due to frost or any other cause or for any loss or damage as a result of water escaping from laterals, fixtures, appliances or pipes owned by consumers. § 186-21. Cross connections with nonpotable water supplies. A.If an owner has any source of water other than from the municipal public water system, such source will be considered nonpotable. Before making any service connection between the municipal public water supply and a consumer's premises, it is required that all connections between individual wells or other outside sources of water supply physically be disconnected from the consumer's plumbing fixtures, which are connected to the municipal potable water supply. B.All owners of property within the confines of a municipal water district shall not use nonpotable water as a source of water supply for any purpose. Nonpotable water is defined as any source of water other than from a municipally owned water system. § 186-22. Service outside water district area.   No water main shall be tapped for, nor any main extended, outside the boundaries of any water district. Any person violating this section shall be guilty of an offense against this article punishable as provided in § 186-34. § 186-23. Obstruction of fixtures.   No person shall obstruct access to any fire hydrant, stop cock or curb box connected with the water mains or service mains or pipes in any street. A violation of this provision shall be an offense against this article punishable as provided in § 186-34. § 186-24. Opening of streets; permits. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE II, Water Use [Adopted 4-14-1983 by L.L. No. 2- 1983]                     § 186-24. Opening of streets; permits.   A.No street, sidewalk or other public ground shall be opened, for the purpose of laying or repairing or performing any work connected with a water pipe or service pipe, unless a permit is obtained from the Town Superintendent of Highways and the Town Board. Any such permit shall provide for the inspection of construction by the Town Highway Superintendent, the Town Engineer and the Town Water Department. The fee for such permit shall be set from time to time by the Town Board by resolution. B.Before any permit shall be granted, such owner shall file a bond in the office of the Town Clerk in an amount to be set by the Town Board, not less than $10,000, properly conditioned to indemnify the Town of East Fishkill against any loss which the town may sustain by reason of the negligence of such owner or his agent, or other failure to comply with these rules. Such bond shall be approved by the Town Board as to form and sufficiency prior to granting any permit. C.All persons performing any street opening pursuant to a permit issued by the Town Board shall duly regard public safety and convenience. Any excavation shall be adequately guarded and properly lighted at night to warn and protect the public. § 186-25. Connection with mains.   No person shall tap any street main or make any connection or disconnection therewith or otherwise connect or disconnect water service, except upon permission of the Water Department. All tapping of mains shall be performed by the Town Water Department, or its duly authorized agents. The fee for such tapping shall be set from time to time by the Town Board by resolution. If any unauthorized connection is made, it shall be sufficient cause for shutting off that water connection without notice. § 186-26. Service mains. A.No person shall lay any service main or make any attachment, alteration or repair thereto except by permission by the Town Water Department. Such application for a permit shall authorize the Town Water Department to inspect and examine the pipes and materials which have been installed or the repairs performed. The fee for such permit shall be set from time to time by the Town Board by resolution. B.Service main requirements and specifications: (1)There shall be no tap, provision for tap, plugged tee or other such fitting in the service main between the street main and the meter inside the building. Any yard hydrant, fountain or hose must be connected on the discharge side of the meter. (2)All service pipe shall be of the best grade and weight standard type "K" copper tubing for sizes through two inches meeting AWWA Specification 7S-CR. Service pipe over two inches shall be ductile iron meeting AWWA Specifications C 151-65. All pipe shall be rated for service of 150 psi or greater. No service shall be less than 3/4 inch. (3)Service pipe shall be laid not less than 41/2 feet below the surface of grade and its vertical and horizontal alignment in relation to any sewer or other parallel pipe shall conform to Health Department Standards and to the requirements of the Town Sewer Ordinance EN and other town local laws. (4)Only one property or property unit shall be supplied through a single service pipe. (5)Every service main shall have a cock or other approved valved tap in the main, an inverted key stop cock, or other approved valve with a metal protecting box, at the curb or property line and a gate valve or other approved valve just before the meter. It shall be the duty and responsibility of the property owner to keep the curb box in good repair, above ground, and accessible at all times. (6)Any variation from these specifications must be approved in writing by the Town Board prior to installation. C.No person shall open or close any valve on the street main or service main or any cocks in any curb box, or molest or interfere with same in any way whatsoever, except when acting by specific permission of the Water Department. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE II, Water Use [Adopted 4-14-1983 by L.L. No. 2- 1983]                     § 186-26. Service mains.   D.The entire expense, both in labor and materials, of installing the service from the curb stop at the street line to the gate valve at the meter, shall be borne by the owner of the premises. In districts where service pipe from the street main to the curb stop at the property line has not been provided, the entire expense of labor and materials of installing the service from the corporation cock in the main to the gate valve at the meter shall be borne by the owner of the premises and the street surface and walks, and other surface elements shall be replaced after the construction at the property owner's expense. § 186-27. Voluntary disconnection of service; application for new service. A.When a property within a water district is to be sold, the seller may give notice to the Town Water Department, at least 10 days prior to the closing, to obtain an accurate water reading as of the date of the closing. B.Water service billing records shall be changed into the name of the purchaser as of the date of the closing, without any disconnection of service, upon proper filing of an application for water service filed by the purchaser with the town. Such application shall be signed by the purchaser and be upon a form subscribed by the Water Department. C.It shall be the responsibility of all owners selling property within the district to notify the Town Water Department of the date of any change in ownership at least 10 days prior to the sale of the property. D.Unless the Town Water Department receives an application for water service by the new owner on or before the date of the closing, the Water Department shall have the authority to disconnect the water supply as of that date. E.Any new connections of water service shall be made upon the proper filing of an application therefor and with payment of the connection fee to be set, from time to time, by the Town Board by resolution. F.No person shall turn on any water service nor shut off any water service except with the permission of the Town Water Department. § 186-28. Water charges. A.All water used in and upon premises shall be charged to the owner of the property. The amount consumed shall be metered, estimated or otherwise charged by the Town Board. B.All water bills shall be the responsibility of the property owner. If requested in writing by the owner, the Town Board may consent to send water bills and notices to agents or tenants in the owner's name, but the town shall do so only upon written acknowledgment by the owner of the owner's responsibility for the payment of all water rents, charges and penalties. § 186-29. Special provisions applying to districts with water meters. A.In all districts having water meters, all water service shall be supplied through a meter, and, except as otherwise provided herein, all meters are the property of the Water District. No person shall in any way interfere or tamper with the water meter or the valves and fittings connected therewith, or in any manner distort or attempt to distort the accurate operation of the meter, nor shall such person in any manner obtain, or attempt to obtain water otherwise than through the meter. B.Only one meter shall be set in any service main. If more than one meter is desired or required for a building or premises, a separate service main must be run to the street main for each and every additional meter. However, the Town Board shall have the right to issue a temporary special permit to allow more than one meter on any one service main. Such special permit shall have a maximum term of six months, and may be revoked by the Town Board at any time. The fee for such permit shall be set from time to time by the Town Board by resolution. C.No meter shall be installed or connected to the water system without a permit from the Water Department. All water meters of one inch size or less shall be procured from the Water Department and shall be the property of the town water district servicing the area. Owners may apply to the Water Department for permission to install larger meters. If approved, these larger meters shall be provided by and at the expense of the owner of the premises requiring the meter and shall be of the size and type acceptable to the Water Department. Notwithstanding the provisions of § 186-19D, all repair costs on such larger meters shall be charged to the owner of the premises. All meters shall be set at the expense of the property owner in such location, position and manner as to be readily accessible for reading and repair. Each owner shall keep the meter free from any obstruction whatsoever and fully protected from freezing and damage, and shall provide clear access for meter reading by the district. Any damage to a meter caused by the negligence or other act of the property owner shall be repaired at the property owner's expense. All meters and any other equipment accessory to the meters shall be under the exclusive control of the water district and subject to inspection at all times by the Water Department or other agent of the Town Board. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE II, Water Use [Adopted 4-14-1983 by L.L. No. 2- 1983]                     § 186-29.  Special provisions applying to districts with water meters.   D.All water passing through meters will be charged for, whether used or wasted. Owners shall report any defect in a water meter as soon as it is discovered. Meters will be tested at the owner's request. However, if the meter is found to be accurate, the consumer shall bear the expense of the test. Meters will be considered accurate if registering within 2% of actual usage. The Water Department shall also have the authority to authorize the testing of any meter for accuracy. If a meter of size greater than one inch is found to be inaccurate, the owner shall, upon written notification by the Water Department, have the meter repaired within 20 days of the notice, at the owner's expense. If a meter is out of order and fails to register correctly, the consumer shall be charged on the basis of average daily consumption as shown by the meter when in accurate working condition. E.All meters shall be sealed. The seal may be broken only by an authorized agent of the Town Board. Should the seal be broken in any other manner, the property owner will be held responsible and the Town Board reserves the right to order the meter removed for tests at the expense of the property owner. F.The water district, inspector, meter reader or other properly authorized representative shall have access at all reasonable hours to the premises supplied for the purpose of setting, reading, repairing or removing meters or for making necessary inspections. § 186-30. Water rates. A.In districts without meters, the Town Board shall set the charges for water use according to a formula to be established for each district by resolution. B.In districts with meters, the Town Board shall set the water rate to be applied based upon quantity of water used. C.All such water rates, for districts with or without meters, shall be set and reviewed by the Town Board at least once a year. The Town Board shall have authority to modify the water rates during the year when required in order to raise the necessary funds for operation and maintenance of the district. D.The Town Board shall also, for all districts, set a minimum water rate by resolution which shall be payable even though no water is consumed within a billing period. E.Water rates, when collected, shall be applied, first, toward the maintenance, operation, enlargement or improvement of the water system, and second, for the payment of principal and interest on bonds issued for the purpose of such district. § 186-31. Imposition and computation of water rates. A.All water rates shall be payable quarterly, unless the Town Board by resolution determines that such rates shall be payable at greater or lesser frequency. In districts with meters, quarterly charges shall be determined by a water meter reading made some time within 30 days prior to the billing date. In the event that the Town Board or its agent may not obtain access to a meter for accurate reading, the Board will have the right to estimate the bill based upon prior usage. B.The owner shall be obligated to pay the minimum water charge set by resolution of the Town Board regardless of the actual consumption of water. § 186-32. Payment and enforcement of water rates. A.All water bills for water rates and repairs shall be due and payable within 30 days of the billing date. After 30 days, a penalty equal to 10% of the amount remaining due shall be added to said bill. When a bill remains unpaid for 30 days, the Town Water Department shall send a notice to the customer that unless the bill is paid in 30 days, the water service will be disconnected without further notice. Any customer whose water bill is not paid after 60 days from the billing date shall have their service disconnected, pursuant to such notice. After such disconnection for delinquency, service shall be restored only upon payment of a reconnection fee to be set by the Town Board by resolution. B.The payment of water rents must include all arrears and charges, including repair costs charged, to date of billing. No partial payment will be received which leaves a previous charge unpaid. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE II, Water Use [Adopted 4-14-1983 by L.L. No. 2- 1983]                     § 186-32. Payment and enforcement of water rates.   C.All water charges shall constitute a lien upon the real property served by the water system of the district and such lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment, water rate, sewer rent or other lawful charges imposed by the town. D.All other lawful charges in connection with the water system and any and all penalties for the violations of any rules and regulations adopted for such water district, if not promptly paid, shall likewise constitute a lien upon the real property and premises in the same manner as unpaid water rents. E.All water rents, penalties and other lawful charges remaining due and unpaid at the time of the annual tax roll of the water district is compiled shall be included therein and levied against the real property on which the water shall have been used, and shall be collected with and in the same manner as other town taxes with the additional fees, charges and penalties incident to the collection of such taxes. § 186-33. Fees.   The Town Board shall, from time to time, act by resolution to set fees for the following items: A.Street opening permits as provided for in § 186-24A. B.Fee for tapping into main as provided in § 186-25. C.Service main permit for installation and repair as provided in § 186-30. D.New connection of water service fee as provided in § 186-27E. E.Reconnection of water service after disconnection for delinquency, or other failure to comply with rules. F.Special permits to allow more than one meter on any one service main as provided for in § 186-29B. G.Fee for permit to install meter as provided in § 186-29. § 186-34. Enforcement. A.Pursuant to §§ 135 and 198, Subdivision 3(c), of the Town Law, a violation of any of the provisions of this article is hereby declared to be a violation, punishable by a fine for each violation not exceeding $250, or imprisonment for a period not to exceed 15 months, or both. Each day said violation continues shall constitute a separate violation. The proper local authorities of the town, in addition to other remedies, may institute any appropriate action or proceeding to prevent unlawful violation of these rules and regulations to restrain, correct or abate such violation or to prevent any illegal action, conduct or use in or about said water district. B.In case of any violation of this article, the Water Department may shut off the supply upon 24 hours' notice, and water shall not be turned on again until the rules are complied with and all unpaid charges and rents are paid, together with a reconnection fee to be set by the Town Board, from time to time, by resolution. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 186, WATER                 ARTICLE II, Water Use [Adopted 4-14-1983 by L.L. No. 2- 1983]                     § 186-35. Method of service of notice.   § 186-35. Method of service of notice. A.Service of any notice, provided for in this article, may be upon the owner or consumer personally or by leaving the same at the premises where water is supplied or by sending the same by mail to such party at the last known address. B.Service of any notice to the Town Board or water district shall be by delivery to the Town Clerk. § 186-36. Reservation.   The Town Board reserves the right to change, modify, supplement or amend these rules and regulations from time to time. The right is also reserved to make such additional rules and regulations which the Town Board deems best to regulate the water supply and the proper and efficient administration of the town water districts and to make contracts for the use of water in special cases.   Chapter 194, ZONING [HISTORY: Adopted by the Town Board of the Town of East Fishkill 8-8-1974 as Ch. 67 of the 1974 Code. Amendments noted where applicable.] Part 1, General Provisions ARTICLE I, Purposes § 194-1. Purposes enumerated.   There is hereby established a comprehensive zoning plan for the Town of East Fishkill, New York, which plan is set forth in the text, map and schedules which constitute this chapter. This plan is adopted, pursuant to Article 16, Chapter 61 of the Consolidated Laws of the State of New York, EN for the purpose of promoting the health, safety, morals and general welfare of the community in the following respects: A.To guide the future growth and development of an integrated town in accordance with the future land use plan by establishing population densities that will reflect a beneficial influence, considering the most appropriate use of land relative to population trends, existing land use, topographical features, soil types, economic activity and building development and recognizing such conditions and trends both within the town and in surrounding areas. B.To secure safety from fire, flood, panic and other dangers; provide adequate light and air; prevent overcrowding of the land; and avoid undue concentration of population. C.To conserve the value of land and buildings in accordance with the character of the district and its peculiar suitability for particular uses; protect the economic stability of the entire town; and provide for orderly and beneficial growth commensurate with the availability and capacity of public facilities and services. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 1, General Provisions                 ARTICLE I, Purposes                     § 194-1. Purposes enumerated.   D.To establish the most beneficial relationship between land use, buildings and the circulation of traffic throughout the town, with particular regard to the lessening of congestion, the safe and efficient movement of vehicles and pedestrians, the provision of adequate parking facilities and convenient access appropriate to the respective use. E.To guide public policy so as to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and guide private enterprise in building development, investment and other economic activity relating to land use and buildings. F.To safeguard the natural resources; prevent the contamination of wells, streams and ponds; and preserve the integrity, stability and beauty of the community. G.To assure privacy for residences and freedom from nuisances and harmful, unsightly uses; and protect the community against unsightly, obtrusive and noisome land uses and operations. ARTICLE II, Definitions and Word Usage § 194-2. Word usage.   Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future; the plural includes the singular; the word "lot" includes the word "plot" or "parcel"; the word "building" includes the word "structure"; the word "shall" is intended to be mandatory; the word "may" is permissive; the word "person" includes a corporation as well as an individual; the word "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied." § 194-3. Definitions.   As used in this chapter, the following terms shall have the meanings indicated: ACH RESIDENT -- A person who is unable to live independently and is housed in a facility designed and approved for his/her specific needs. [Added 3-28-1985 by L.L. No. 3-1985] ADVERTISING SIGN (BILLBOARD) -- A sign or a structure which directs attention to an idea, product, business activity, service or entertainment which is conducted, sold or offered elsewhere than upon the lot on which such sign is situated. AFFORDABLE HOUSING UNIT (also called "DWELLING UNIT, AFFORDABLE")  -- A dwelling unit, the rental or sales price of which does not exceed the maximum allowable level established by § 194-164D, constructed for low/moderate-income households pursuant to Article XXIII. [Added 11-14-2002 by L.L. No. 3-2002]   ALTERATIONS -- As applied to a building, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another. ALTERNATIVE CARE HOUSING -- A facility designed for those persons who are unable to live independently at a particular time. Alternative care housing (ACH) facilities include, but are not limited to, community residences, supervised living facilities, supportive living facilities, family care homes, private property homes for adults, proprietary homes for adults, proprietary residences for adults, boardinghouses and rooming houses, nursing homes, domiciliary care facilities, residential schools for the developmentally disabled and other like facilities as determined by the Planning Board. Alternative care housing does not include "hospital." [Added 3-28-1985 by L.L. No. 3-1985] ARCHITECTURAL FEATURES -- The exterior architectural characteristics of a building or structure, including building form, facade design and roof design, color, texture, material, inclusion or exclusion of architectural elements and the shape of the building footprint. [Added 4-24-1997 by L.L. No. 3-1997] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 1, General Provisions                 ARTICLE II, Definitions and Word Usage                     § 194-3. Definitions.   AREA, BUILDING -- The total of areas, taken on a horizontal plane at the main grade level, of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. AUTOMOBILE SERVICE FACILITY (FORMERLY CALLED "GARAGE") -- A facility principally used for the routine maintenance of motor vehicles, excluding large trucks and tractor trailers, including activities such as engine diagnostics, tuneups, changes of fluids, filters and belts, tire and shock replacement, brake and muffler repair, vehicle cleaning (detailing), engine and transmission repair and replacement, chassis and suspension repair. "Automotive service facility" shall not include body work, vehicle painting, repair of trucks with a wheel base (distance from axle to axle) in excess of 15 feet or vehicles with more than two axles, and shall not be construed to include either self-service or mechanized car or truck washes. Permitted accessory uses in an automobile service facility may include sale of parts, tires, oil or similar items as determined by the Zoning Board of Appeals, but shall not include car or truck washes or the sale of food, convenience items or gasoline. [Added 3-27-1997 by L.L. No. 2-1997] BASEMENT -- A story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story where more than 1/2 of its height is above the average level of the adjoining ground. BED-AND-BREAKFAST -- A private residence with not more than 12 rooms for rent to transient guests. It might serve breakfast but does not have a sit-down restaurant for serving meals. [Added 6-12-1986 by L.L. No. 4-1986] BOARDINGHOUSE -- A building or portion thereof, other than a hotel, where lodging and meals are provided to three or more persons individually or as families, for compensation. BUILDABLE AREA  -- The contiguous area of a lot, after deducting all environmentally sensitive lands. [Added 11-14-2002 by L.L. No. 2-2002]   BUILDING -- A structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels. When separated by a party wall, each portion of such building shall be deemed a separate building. BUILDING, ACCESSORY -- A subordinate building, the use of which is customarily incidental to that of the main building on the same lot. BUILDING HEIGHT -- The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs. BUILDING LINE -- The closed traverse upon a lot which exactly encloses the exterior limits of a building. BUILDING, MAIN -- A building in which is conducted the principal use of the lot on which it is located. BULK -- A term used to describe the size, volume, area and shape of buildings and structures and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures or other walls of the same building, and all open spaces required in connection with a building, other structure or tract of land. CAMP -- Any one or more of the following, other than a hotel, motel, tourist home, hospital, place of detention or school offering general instruction: A.Type 1. Any area of land or land and water on which are located two or more cabins, tents, shelters or other accommodations of a design or character suitable for seasonal or other accommodations of a design or character suitable for seasonal or other more or less temporary living purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise. B.Type 2. Any area of land, including any building thereon, used for any assembly of persons for what is commonly known as "day camp" purposes; and any of the foregoing establishments whether or not occupied by adults or by children, either as individuals, families or groups. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 1, General Provisions                 ARTICLE II, Definitions and Word Usage                     § 194-3. Definitions.   CAR WASH -- A building, the use of which is devoted to the washing of automobiles, including but not limited to one of the following types: A.Conveyor type. A car wash facility where automobiles progress through the washing process pulled by a conveyor or by some other means than their own power. B.Drive-through type. A car wash facility where automobiles are driven through the washing process under their own power. C.Self-service type. A car wash facility where automobiles are washed by the driver of the automobile using machinery provided by the management of the facility. CLINIC -- An ambulatory health care facility where patients are admitted for examination, diagnosis and treatment on an outpatient basis by one or more physicians, dentists or other medical personnel, and where patients are not lodged overnight. [Added 4-13-1995 by L.L. No. 2-1995] CLUB, MEMBERSHIP -- A corporate or noncorporate organization catering exclusively to members and their guests for recreational, athletic or social purposes and not conducted primarily for gain. CLUSTER SUBDIVISION or CLUSTER DEVELOPMENT  -- A subdivision plat or plats, approved pursuant to Town Law § 278 and the provisions of the Town of East Fishkill Code, in which the Zoning Law is modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines, and other infrastructure, parks, and landscaping in order to preserve the natural and scenic qualities of open lands. [Added 11-14-2002 by L.L. No. 7-2002]  COLLOCATION -- The placement of a commercial communication antenna on an existing tower or other permissible structure, usually owned by another entity. The types of structures eligible for collocation are set forth in this chapter. [Added 6-11-1998 by L.L. No. 5-1998] COMMERCIAL COMMUNICATIONS TOWER -- Any lattice structure, framework, pole, monopole, spire or similar structure, or combination thereof, taller than 15 feet if ground mounted or taller than 11 feet if mounted on a building or other tall structure, intended primarily for the purpose of mounting one or more commercial communication antenna installations above grade for the purpose of receiving or transmitting signals for the purpose of communications. Such tower shall be deemed to include supporting lines, cables, wires, braces and masts. A commercial communications tower includes a tower duly approved under former § 194-76 of this chapter, although modifications to such a tower require approval under this law EN as provided herein. [Added 6-11-1998 by L.L. No. 5-1998] COMMUNICATION ANTENNA INSTALLATION -- An antenna structure or device used for the purpose of providing commercial communication services, including ancillary structures and equipment necessary for their operation and use (including, for example, electrical equipment, computer equipment structures housing such equipment, cabling and related improvements). [Added 6-11-1998 by L.L. No. 5-1998] COMMUNICATIONS FACILITY -- A term intended to include all of the various facilities which provide communication services, including tower, antenna and any accessory structures or equipment designed and constructed for use by a commercial provider of such services. [Added 6-11-1998 by L.L. No. 5-1998] COMMUNITY RESIDENCE -- A dwelling providing room and board, recreation and rehabilitative services for the mentally disabled under responsible supervision. See also "alternative care housing." [Added 3-28-1985 by L.L. No. 3-1985] CONVALESCENT HOME or NURSING HOME -- Any establishment where three or more persons suffering from, afflicted with or convalescing from any infirmity, disease or ailment are habitually kept, boarded or housed for remuneration, other than municipal or incorporated hospitals, or establishments for the care of the mentally ill. See also "alternative care housing." [Added 3-28-1985 by L.L. No. 3-1985] COVERAGE -- That percentage of the plot or lot area covered by buildings, including accessory buildings. DAY-CARE CENTER -- An institution or commercial establishment providing daily care and/or instruction to more than six children under six years of age. [Added 6-12-1986 by L.L. No. 3-1986] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 1, General Provisions                 ARTICLE II, Definitions and Word Usage                     § 194-3. Definitions.   DAY-CARE FACILITIES -- Includes day-care center and family day-care home. [Added 6-12-1986 by L.L. No. 3-1986] DAY-CARE HOME -- See "family day-care home." [Added 6-12-1986 by L.L. No. 3-1986] DWELLING -- A building used exclusively as living quarters. The term shall not be deemed to include motel, hotel, rooming house or tourist home. DWELLING, MULTIFAMILY  -- A building containing three or more dwelling units, of which at least one unit is located over another. [Added 11-14-2002 by L.L. No. 6-2002]   DWELLING UNIT -- A building or portion thereof providing complete housekeeping facilities for one family. DWELLING UNIT, AFFORDABLE (also called "AFFORDABLE HOUSING UNIT")  -- A dwelling unit, the rental or sales price of which does not exceed the maximum allowable level established by § 194-164D, constructed for low/moderate-income households pursuant to Article XXIII. [Added 11-14-2002 by L.L. No. 3-2002]   DWELLING UNIT, ATTACHED -- A dwelling unit having common walls with two or more other dwelling units. In cluster subdivisions, attached unit structures shall not exceed four units. [Added 3-28-1985 by L.L. No. 6-1985] DWELLING UNIT, SEMIDETACHED -- A dwelling unit which has a common wall, floor or ceiling with only one other dwelling unit. [Added 3-28-1985 by L.L. No. 6-1985] ENVIRONMENTALLY SENSITIVE LANDS  -- Lands wherein defined as one-hundred-year floodplains, steep slopes, or wetlands. [Added 11-14-2002 by L.L. No. 2-2002]  FAMILY -- One or more persons occupying a dwelling unit and living as a single housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond. FAMILY DAY-CARE HOME -- A private residence where a certified provider provides daily care services for up to six children under six years of age. [Added 6-12-1986 by L.L. No. 3-1986] FARM, FARM USE, CUSTOMARY AGRICULTURAL OPERATION -- A parcel, or group of parcels, used for gain in producing agricultural or horticultural commodities, including livestock, dairy, or poultry farms on sites of at least 10 acres, and fruit, vegetable, field crop farms, orchards, and nurseries on sites of at least five acres. The term "farm" shall not be construed to include gardens accessory to a residential use, riding academies, livery or boarding stables, animal kennels, or the breeding, raising or maintaining of hogs or fur-bearing animals. Customary agricultural operations accessory to the operation of a farm shall include the conducting of usual farm activities and the accessory processing of agricultural products, not including mineral or earth products, of the farm on which such agricultural processing is conducted. [Amended 9-26-2000 by L.L. No. 5-2000] FILLING STATION -- Any area of land, including buildings and other structures thereon, that is used to dispense motor vehicle fuels, oils and accessories at retail, where repair service is incidental and no storage or parking space is offered for rent. It shall not include the operation of a body shop or a car wash or heavy automotive repair work. FLAG LOT  -- A lot which has its buildable area (the so-called "flag") located behind another lot, either existing or proposed, and which derives access by means of a narrow strip of land (sometimes referred to as "the flagpole") which has frontage on a street. A flag lot allows the potential for the creation of two lots, one generally behind the other, which derive access from the same street. [Added 11-14-2002 by L.L. No. 9-2002]   FLOODWAY  -- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 108-5B of the Code of the Town of East Fishkill. [Added 11-14-2002 by L.L. No. 2-2002]   _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 1, General Provisions                 ARTICLE II, Definitions and Word Usage                     § 194-3. Definitions.   FLOOR AREA OF A BUILDING  -- The sum of the gross horizontal areas of the floors of the stories of a building measured to the exterior of the outside wall, but excluding cellar, basement, up to 400 square feet of attached or detached garage space, terraces, breezeways, open spaces and open porch floors. [Amended 11-14-2002 by L.L. No. 9-2002; 11-14-2002 by L.L. No. 11-2002]   FLOOR AREA RATIO  -- The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet. [Added 11-14-2002 by L.L. No. 9-2002; 11-14-2002 by L.L. No. 11-2002]   FRONTAGE -- That dimension of a plot measured along the front street line. FRONT YARD SETBACK LINE -- A line parallel to the front lot line and at a distance therefrom equal to the minimum front yard dimension for the district in which located. GARAGE, PRIVATE -- An accessory building or part of a main building used only for the storage of motor vehicles as an accessory use. GASOLINE FILLING STATION -- A facility primarily engaged in the retail sale, direct to the motorist, of motor vehicle fuels. Permitted accessory uses may include an automobile service facility, a car wash, and sale of oil, vehicle fluids, food and other convenience items. [Added 3-27-1997 by L.L. No. 2-1997] HEALTH SERVICES -- This term includes health care facilities, as well as establishments providing support to the medical and dental professions and patients, such as medical and dental laboratories, blood banks, oxygen and miscellaneous types of medical supplies and services. [Added 4-13-1995 by L.L. No. 2-1995] HOME OCCUPATION -- Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. The conducting of a clinic, hospital, mortuary or any similar use shall not be deemed to be a home occupation. HOSPITAL  -- Unless otherwise specified, the term "hospital" shall be deemed to include sanitarium and any other place for the diagnosis, treatment or other care of human ailments. The term shall not include a rest home, medical clinic, nursing home, convalescent home, alternative care housing or specialized care facilities designed to treat human ailments, including those for epileptic, drug addiction or alcohol addiction patients or those suffering from psychological disorders. See also "alternative care housing." [Amended 3-28-1985 by L.L. No. 3-1985; 6-14-2001 by L.L. No. 3-2001] HOTEL -- A building or any part thereof containing rooms which are provided or offered for sleeping purposes to transient guests for compensation and where only a general kitchen and dining room are provided within the building or in any accessory building. EN INDOOR RECREATION -- Sports or gymnasium uses undertaken entirely within a building, including team or individual sports and related health and exercise facilities. Video parlors, computer gaming facilities, movie theaters and bars do not constitute indoor recreation facilities. However, an indoor recreation use may be accompanied by customary accessory uses, which may include food service facilities, meeting room or banquet facilities, serving of alcoholic beverages, video or computer game facilities, video theater facilities, sales of sport or exercise-related equipment or clothing and other customary accessory uses. [Added 6-23-1994 by L.L. No. 3-1994; amended 10-27-1994 by L.L. No. 8-1994] KENNEL (COMMERCIAL) -- An establishment for the treatment, care, boarding or breeding of dogs or cats or similar animals or birdlife (excluding poultry) for a fee. [Added 3-28-1985 by L.L. No. 5-1985] LAND EXCAVATION AND FILLING [Added 9-26-2000 by L.L. No. 11-2000] -- The excavation or extraction of earth, sand, gravel, stone, quarry material, clay, loam, humus, topsoil, or other earth material from a lot, and removal thereof from that lot; or the bringing to a lot, for filling or regrading at that lot, of earth, sand, gravel, stone, quarry material, clay, loam, humus, topsoil, or other earth material from another lot; or any temporary storage of such materials, by stockpiling, if permitted; or any processing of excavated or stockpiled materials, if permitted; or any of the related land use activities engaged in during the above activities, such as construction of buildings, barriers, and other structures, clearing of property, removal or placement of trees, vegetation, and earth material. The following activities do not constitute land excavation and filling, provided that they meet the supplemental use regulations in § 194-75: A.The regrading or movement of earth material within the boundaries of a single lot, provided that no earth material is removed from the lot and no earth material is brought to the lot from elsewhere; and that no stockpiling or processing of earth material takes place; and that the earth material so moved is promptly revegetated. B.The movement of earth material to or from or within existing or proposed road rights-of-way, or grading easements along such rights-of-way, for the installation of roads; or within the boundaries of a single lot, for the installation of a parking lot pursuant to an approved site plan; provided that no processing takes place. _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 1, General Provisions                 ARTICLE II, Definitions and Word Usage                     § 194-3. Definitions.   C.The placement of fill for a septic system approved by the Dutchess County Health Department in amounts as authorized by the approved plans. D.In R-1 and R-2 Zones, in connection with the construction and development of a subdivision, the excavation and removal from, or delivery to the property for use thereon, earth materials of a total quantity that does not exceed the smaller of the following: (1)A total amount of 10,000 tons or 7,500 cubic yards (whichever is less); or (2)The number of tons or cubic yards computed by multiplying the total number of lots to be created by the subdivision times the amount of 500 tons or 375 cubic yards per lot (whichever is less). E.In connection with the construction and development of a site plan, the excavation and removal from, or delivery to the property for use thereon, earth materials of a total quantity that does not exceed 500 tons or 375 cubic yards, whichever is less, in accordance with § 194-75. LANDSCAPE BUFFER -- An area of open space that is appropriately planted with trees or other vegetation to screen views or enhance the aesthetics of a property. [Added 8-24-1993 by L.L. No. 4-1993] LARGE-SCALE PLANNED RECREATIONAL DEVELOPMENT -- A tract of land of 50 acres or more which is developed as a recreational unit with a grouping of related buildings and uses, together with their accessory buildings and all appurtenant roadways, parking areas, loading spaces, service buildings and facilities. LOT -- A parcel of land occupied or capable of being occupied by one building or use and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter. LOT DEPTH  -- The distance between the front and rear lot lines measured at right angles thereto at the midpoint between the two side lot lines. For the purposes of measuring lot depth for a flag lot (see definition), the front lot line shall be considered that lot line (excluding the lot line along the street) which is closest and most parallel to the street right-of-way line. The front lot line shall be deemed to include an extension across the "flag pole." [Amended 11-14-2002 by L.L. No. 9-2002]   LOT, FLAG  -- See "flag lot." [Added 11-14-2002 by L.L. No. 9-2002]   LOT WIDTH  -- The distance between the side lot lines measured at right angles to the lot depth (see definition), along a line which is parallel to the street between the front and rear lot lines. For the purposes of measuring lot width for a flag lot (see definition), the front lot line shall be considered that lot line (excluding the lot line along the street) which is closest and most parallel to the street right-of-way line. The front lot line shall be deemed to include an extension across the "flag pole." [Amended 11-14-2002 by L.L. No. 9-2002]   LOW/MODERATE-INCOME HOUSEHOLD (also called "LOW/MODERATE-INCOME FAMILY")  -- A family or household whose aggregate annual income does not exceed 80% of the median Dutchess County family income for a family of the appropriate particular size as determined annually by the United States Department of Rousing and Urban Development (HUD). [Added 11-14-2002 by L.L. No. 3-2002]   MEDICAL CENTER -- A building that contains establishments dispensing health services. [Added 4-13-1995 by L.L. No. 2-1995] MOBILE HOME -- A dwelling unit or residence on wheels, skids or rollers, without motive power, designed to be used for human habitation or for carrying persons or property, including a trailer coach or house trailer. EN MOBILE HOME PARK -- A land area occupied or designed for occupancy by two or more mobile homes for living purposes.EN _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 1, General Provisions                 ARTICLE II, Definitions and Word Usage                     § 194-3. Definitions.   MODIFICATION OF AN EXISTING ANTENNA INSTALLATION -- Any proposed change in the maximum power input or output, number of antennas, change in operating frequency of an existing antenna installation. [Added 6-11-1998 by L.L. No. 5-1998] MODIFICATION OF AN EXISTING TOWER -- Any proposed increase in dimensions or any change in marking or lighting of an existing tower or other structure designed to support one or more antenna installations. [Added 6-11-1998 by L.L. No. 5-1998] MONOPOLE -- A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation, with no guy wires. [Added 6-11-1998 by L.L. No. 5-1998] MOTEL -- A building or group of buildings containing individual living and sleeping accommodations primarily consisting of one-bedroom-and-bath units, each of which is provided with a separate exterior entrance and a parking space, offered principally for rental and use by motor vehicle travelers. The term "motel" includes but is not limited to every type of similar establishment known variously as an autel, auto court, motor hotel, motor court, motor inn, motor lodge, tourist court, tourist cabins or roadside hotel. MOTOR VEHICLE REPAIR FACILITY -- A facility principally used for the maintenance and repair of motor vehicles, large trucks and tractor trailers. A motor vehicle repair facility may include any of the activities associated with an automobile service facility, as well as body work, vehicle painting and repair of trucks with a wheel base (distance from axle to axle) in excess of 15 feet or vehicles with more than two axles. Permitted accessory uses in a motor vehicle repair facility may include sale of parts, tires, oil or similar items as determined by the Zoning Board of Appeals, car and/or truck washes and the sale of food, convenience items and gasoline. [Added 3-27-1997 by L.L. No. 2-1997] NONCOMMERCIAL COMMUNICATIONS TOWER -- Facilities used for private citizen's bands, amateur radio and other private residential communications. These towers are not eligible for collocation of commercial telecommunications antenna installations. [Added 6-11-1998 by L.L. No. 5-1998] NONCONFORMING USE -- The use of a building or plot of land existing at the time of enactment of this chapter or amendments thereto which does not conform to the use regulations of the district or zone in which it is situated. A building or plot of land which is conforming in use but does not conform to the bulk regulations of this chapter shall not be considered a nonconforming use. NURSERY SCHOOL -- An institution or commercial establishment providing daytime care and/or instruction to more than six children under six years of age. [Amended 6-12-1986 by L.L. No. 3-1986] NURSING HOME OR CONVALESCENT HOME -- Any establishment where three or more persons suffering from, afflicted with or convalescing from any infirmity, disease or ailment are habitually kept, boarded or housed for remuneration, other than municipal or incorporated hospitals, or establishments for the care of the mentally ill. See also "alternative care housing." [Added 3-28-1985 by L.L. No. 3-1985] ONE-HUNDRED-YEAR FLOOD -- The highest level of flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year). [Added 9-9-1976 by L.L. No. 1-1976] ONE-HUNDRED-YEAR FLOODPLAIN  -- An area of special flood hazard and as defined on the Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency. [Added 11-14-2002 by L.L. No. 2-2002] OPEN SPACE -- That percentage of the land area open to the air, pervious and not covered by the combined area of all buildings, structures and paved areas on all of that portion of the lot within the same zoning district as the main buildings. [Added 8-24-1993 by L.L. No. 4-1993] OUTDOOR RECREATION DEVELOPMENT -- A tract of land 10 acres or more developed as a recreational unit for outdoor recreation or sport use primarily undertaken by individuals, and where related buildings and any indoor uses are clearly accessory and incidental to the primary outdoor recreational use. Team and spectator oriented athletic fields and courts, such as those for baseball, football and basketball, are not considered outdoor recreational developments. Outdoor recreation developments do not include archery, any shooting activity, including airguns, or motorized vehicles. [Added 10-24-1996 by L.L. No. 11-1996] OVERLAY DISTRICT -- A district in which additional regulations and requirements apply. The regulations of the overlay district supplement the regulations which apply by virtue of the underlying zone. Land in an overlay district continues in its underlying zoning category, but is also subject to the additional provisions set forth in the overlay district. [Added 9-26-2000 by L.L. No. 5-2000] PARKING SPACE -- An off-street area suitable for parking one automobile, which, in this chapter, is held to be a space at least 10 feet wide and 18 feet long and, in addition, contains sufficient other areas for ingress, egress and maneuvering. Requirements for off-street parking are contained in Article XIV of this chapter (§ 194-113 and following.) [Amended 9-12-1996 by L.L. No. 9-1996] _________________________   CODE OF THE TOWN OF EAST FISHKILL, NEW YORK, v2 Updated 12-15-2002     PART II GENERAL LEGISLATION         Chapter 194, ZONING             Part 1, General Provisions                 ARTICLE II, Definitions and Word Usage                     § 194-3. Definitions.   PREPARATION OF MULCHED MATERIALS -- The screening and grinding of certain types of natural vegetation, as permitted by the Zoning Board of Appeals, to produce mulch, followed by the screening of the material to separate the wood (mulch), dirt and stone into separate piles, which will be temporarily stockpiled for future use, for the periods of time and under the conditions imposed by the Zoning Board of Appeals pursuant to a duly issued special permit. Preparation of mulched materials shall not be deemed to authorize logging, processing and production of firewood, mining, stone processing, excavating or any other activity not specifically authorized by the Zoning Board pursuant to its special permit. [Added 2-12-1998 by L.L. No. 2-1998] PROCESSING -- Any mechanical manipulation of excavated earth material, including blasted rock, including crushing, screening, blending, washing, and any procedure which changes the size of the particles or the particle size distribution or gradation from in-situ characteristics, including that of blasted but unexcavated rock. Processing also includes any mechanical combining or blending of earth materials from one or more sources in order to manufacture a product with certain specification requirements. Processing does not mean simply excavating and loading earth material directly into a transport vehicle. [Added 9-26-2000 by L.L. No. 11-2000] RIDING ACADEMY/COMMERCIAL STABLES -- Any establishment where horses are kept for riding, boarding, stabling, training or education for remuneration, hire or sale. It does not include dude ranches, which are permitted only as part of a large scale recreational use. [Ad