By authority of the resolution of the Town Board, pursuant to
the provisions of Article 16 of the Town Law, the Planning Board has
the power and authority to review and approve or disapprove plats
showing lots, blocks or sites, with or without streets or highways,
within the Town of Fishkill.
Land within the Town of Fishkill may be subdivided into lots,
blocks or sites, with or without streets or highways, only if approved
by the Planning Board in accordance with the procedure and requirements
as set forth in this chapter and only if the approved plat is duly
filed in the office of the County Clerk of Dutchess County, New York.
Construction, excavation, filling, regrading, clearing of vegetation
or other similar activities related to a proposed subdivision shall
not be begun within any area proposed or intended for subdivision
until said subdivision shall have been approved, or approved with
modifications, by the Planning Board.
[Amended 7-14-2021 by L.L. No. 2-2021]
A resubdivision, as defined herein, is subject to the same procedure,
rules, and regulations applicable to an original subdivision. A revised
lot line, defined herein, is not a resubdivision; and accordingly,
is subject to specific regulations as provided herein.
It is declared to be the policy of the Town to consider land
subdivisions as part of a plan for the orderly, efficient and economical
development of the Town. Land to be subdivided shall be of such character
that it can be used safely for building or development purposes without
danger to health or peril from fire, flood or other menace and without
resulting in significant damage to the ecology of the area in which
it is located. Proper provision shall be made for drainage, water,
sewerage, electric, telephone, gas and other needed improvements.
The proposed streets shall compose a convenient system conforming
to the Official Map and shall be properly related to the proposals
shown on the Town Development Plan. Streets shall be of such width,
grade and location as to accommodate the prospective traffic, to afford
adequate light and air and to facilitate fire and police protection.
In proper cases and when required by the Planning Board, a park or
parks of suitable location, size and character for playground or other
recreational purposes shall be shown on the subdivision plat.
[Added 9-19-2001 by L.L. No. 9-2001]
The Town of Fishkill has adopted, pursuant to Chapter 149, Greenway Compact, of the Town Code, Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities, as amended from time to time pursuant to § 149-2 of the Town Code, as a statement of land use policies, principles, and guides to supplement other established land use policies in the Town. In exercising its discretionary actions under this Chapter 132 of the Town Code, any reviewing agency should take into consideration said statement of policies, principles and guides, as appropriate.
No permit shall be issued for the erection of any building within
a proposed subdivision until said subdivision has been duly approved
by the Planning Board and filed in the office of the County Clerk,
except that the Building Inspector may issue a building permit for
a single building based upon the entire tract of land where there
is no other existing building within the proposed subdivision and
where the location of the proposed building is in accordance with
an approved preliminary plat.
Where the Planning Board finds that because of the special circumstances
of a particular case, extraordinary hardship may result from strict
compliance with this chapter, it may modify this chapter so that substantial
justice may be done and the public interest secured; provided, however,
that any such modification will be consistent with the spirit and
intent of this chapter, all Town laws and ordinances, the Town Development
Plan and the Official Map. In permitting any such modification, the
Planning Board shall attach such conditions as are, in its judgment,
necessary to secure substantially the objectives of the standard or
requirement so modified.
A.Â
Procedure. This chapter may be amended by the Planning Board after
public hearing and subject to the approval of the Town Board. Notice
of the time, place and purpose of such hearing shall be given by publication
in the official Town newspaper at least five days prior to the date
on which it is to be held. A copy of the proposed amendment shall
be placed on file in the office of the Town Clerk, where it shall
be available for public inspection during normal working hours for
a period of at least five days before such hearing.
B.Â
Applicability. Amendments adopted by the Planning Board shall take
effect on the date of Town Board approval, or at such time as provided
in the resolution of approval, and shall apply to any preliminary
subdivision which has not received approval, or approval with modification,
prior to such date and to any preliminary subdivision, approved with
or without modification, for which a formal application for final
approval is not received within six months of the date of such approval.
In order that land may be subdivided in accordance with the
authority, jurisdiction and policy as set forth above, this chapter
is hereby adopted.
