The Planning Board, in considering an application for the subdivision
of land, shall be guided by the following considerations and standards,
which standards shall be deemed to be the minimum requirements for
the convenience, health, safety and welfare of the Town.
A.
Character of land. Land to be subdivided shall be of such character
that it can be used safely for building purposes without danger to
health or peril from fire, flood or other menace. Land subject to
such hazards shall not be subdivided nor developed for residential
purposes, nor for such other uses as may increase danger to health,
life or property, or aggravate a flood hazard, but such land may be
set aside for uses as shall not involve such danger nor produce unsatisfactory
living conditions.
B.
Preservation of natural features.
(1)
Land to be subdivided shall be designed in reasonable conformity
with existing topography in order to minimize grading, cut and fill
and to retain, insofar as possible, the natural contours, to limit
stormwater runoff and to conserve the natural vegetative cover and
soil. No tree, topsoil or excavated material shall be removed from
its natural position except where necessary and incidental to the
improvement of lots and the construction of streets and related facilities
in accordance with the approved plan. Topsoil shall be restored to
a depth of at least six inches and properly seeded and fertilized
in those disturbed areas not occupied by buildings or structures.
(2)
Existing natural features which are of ecological, aesthetic or scenic
value to residential development or to the Town as a whole, such as
wetlands, watercourses, water bodies, rock formations, stands of trees,
historic spots and similar irreplaceable assets, shall be preserved,
insofar as possible, through harmonious design of the subdivision,
and where appropriate, the Planning Board may require the inclusion
of such features in permanent reservations.
C.
Conformity with Town Development Plan and Official Map. Streets,
parks and other subdivision features shall conform to the Town Development
Plan and the Official Map.
D.
Frontage on improved streets. The area proposed to be subdivided
shall have frontage on and direct access to a street duly placed on
the Official Map, and if such street is not improved to the satisfaction
of the Planning Board, such improvements shall be a condition of subdivision
approval.
A.
Location, width and improvement. Streets shall be suitably located,
of sufficient width and adequately improved to accommodate the expected
traffic and to afford satisfactory access to police, firefighting,
snow removal and other utility and road maintenance equipment and
shall be coordinated so as to compose a safe and convenient system.
The location, arrangement or design of streets shall be such as to
cause no undue hardship to adjoining properties.
B.
Relation to topography. Streets shall be appropriately related to
the natural topography and 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 curves shall be avoided.
C.
Intersections. Intersections of major streets shall be at least 800
feet apart, if possible. Cross (four-cornered) street intersections
shall be avoided insofar as possible, except at important traffic
locations. A distance equal to the minimum required lot width, but
not less than 400 feet, shall be maintained between center lines of
offset intersecting streets. Within 60 feet of the center of an intersection,
streets shall be at approximately right angles and grades shall be
limited to 2.0%. Wherever two streets intersect at an angle of less
than 75°, special pavement, channelization, right-of-way and/or
sight easement restrictions may be required by the Planning Board.
D.
Block size. Within any zoning district, block dimensions shall be at least twice the minimum lot depth and generally not more than 12 times the minimum lot width at the building line. In long blocks, the Planning Board may require the reservation through the block of a twenty-foot-wide easement to accommodate utilities or pedestrian traffic. See § 132-27.
E.
Continuation of streets into adjacent properties.
(1)
The arrangement of streets shall provide for their continuation between
adjacent properties where such continuation is determined necessary
for proper traffic movement, effective fire protection, efficient
provision of utilities, snow removal and other services and/or where
such continuation is in accordance with the Town Development Plan.
Alternatively, if a street continuation is not determined to be warranted
by the circumstances or would result in unsafe traffic conditions
or otherwise jeopardize the public safety and welfare, the Planning
Board may require such street to be terminated short of the boundary
lines of the subdivision.
(2)
Where a continuation of a street beyond the boundaries of a subdivision
is warranted but the adjacent property is undeveloped and the street
must dead-end temporarily, the Planning Board may require that the
right-of-way and all improvements be extended to the property line.
A temporary circular turnaround of a minimum of 50 feet in radius
shall be provided on all temporary dead-end streets in excess of 100
feet in length, with a notation on the plat that land outside the
normal street right-of-way shall revert to abutting property owners
upon continuation of the street. The length of temporary dead-end
streets shall normally be limited to not more than double the permitted
length of permanent dead-end streets.
(3)
Where a turnaround exists at the end of a street within an adjoining
development to which a proposed street is to connect, the applicant
may be required to remove the portions of the turnaround pavement
outside of the normal width of the traveled way, perform any necessary
reconstruction of the pavement edge, construct continuations of any
existing driveways to the new pavement edge and regrade, seed and
drain the disturbed areas in such a manner as to blend them in with
the surrounding landscape.
F.
Permanent dead-end streets.
(1)
Where a street does not extend to the boundary of a subdivision and
its future continuation is not required by the Board, it shall be
separated from such boundary by a distance not less than the minimum
required lot depth. The Planning Board may require the reservation
of an easement to the boundary to accommodate utilities, drainage
facilities and/or pedestrian traffic. A circular turnaround shall
be provided at the end of a permanent dead-end street.
(2)
For greater convenience to traffic and more effective police and
fire protection, permanent dead-end streets shall, in general, be
limited in length, exclusive of the turnaround, to eight times the
minimum lot width for the zoning district in which it is located.
G.
Street names. All streets shall be named and such names shall be
subject to the approval of the Planning Board. Street names shall
be sufficiently different in sound and in spelling from other 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. In general, street
names shall conform to the following classifications:
(1)
Avenue, street or road: major or collector street.
H.
Design standards for new streets. Streets shall meet the design standards
set forth in the table.[1] Street classification may be indicated on the Town Development
Plan or may be determined by the Planning Board. Standards are not
shown for major streets, which would be built by the state or county.
[1]
Editor's Note: The Table of Design Standards for New Streets is included as an attachment to this chapter.
Streets shall be graded and improved with pavement, sidewalks,
curbs, gutters, streetlighting standards, street signs, street trees,
water mains, sanitary sewers, storm drains, fire alarm signal devices,
fire hydrants and other utilities, except that the Planning Board
may waive, subject to appropriate conditions, such improvements as
it considers are not requisite in the interest of the public health,
safety and welfare. The subdivider shall install underground service
connections to the property line of each lot before the street is
paved. Except where waivers are granted, all such grading and street
improvements shall conform in all respects to this chapter and to
the Town construction standards and specifications.
A.
The subdivider may be required by the Planning Board to carry away
by pipe or open ditch any spring- or surface water that may exist
either previous to or as a result of the subdivision. Such drainage
facilities shall be located in the street right-of-way where feasible,
or in perpetual unobstructed easements of appropriate width, and shall
be constructed in accordance with the Town construction standards
and specifications.
B.
Drainage facilities shall, in each case, be large enough to accommodate potential runoff from their entire upstream drainage area, whether inside or outside the subdivision, based on a ten-year storm and assuming conditions of maximum potential development within the watershed as permitted by Chapter 150, Zoning. The applicant shall be responsible for submitting such computations to the Town Engineer in sufficient detail to make possible the ready determination of the adequacy of the proposed drainage installations, and the Town Engineer shall be responsible for reviewing these and preparing recommendations for the Planning Board.
C.
The Planning Board may also require the subdivider to prepare a study
of the effects of the subdivision on existing downstream drainage
facilities. Where such study or the Planning Board, after an independent
analysis, determines that the additional runoff incident to the development
of the subdivision will overload an existing downstream drainage facility,
the Planning Board shall notify the owner of such downstream facility
of such potential condition and may withhold approval of the subdivision
until provision has been made for the correction of said potential
condition.
D.
To offset the costs incurred by the Town in making drainage improvements
resulting from development taking place within the Town, all applicants
for approval of subdivisions involving the construction of any homes,
streets or other improvements shall be required to submit a downstream
drainage improvements fee, payable to the Town of Fishkill, in accordance
with the current fee schedule.
[Added 1-4-1988]
In order to assure greater safety and improved appearance, all
utility lines and related equipment for providing power and communication
services shall be installed underground in the manner prescribed by
the regulations of the utility company having jurisdiction. Underground
utility lines shall be located outside of the traveled way of the
streets but, except in unusual circumstances, within the street right-of-way.
Underground service connections shall be provided to the property
line of each lot before the street is paved and may pass under the
traveled way of the street.
A.
Monuments shall be required wherever deemed necessary by the Planning
Board to enable all lines to be readily reproduced on the ground.
In general, monuments shall be located no more than 500 feet apart
on street lines, preferably at street, lot or easement corners or
at points of curvature or tangency on curved streets, and spaced to
be within sight of one another along lines entirely within the street
right-of-way.
B.
Monuments shall be set vertically in solid ground six inches above
ground surface with accurate reference to a permanently identifiable
fixed point and shall meet or exceed the construction requirements
specified in the Town construction standards and specifications.
C.
In those cases where land is to be deeded to the Town for recreation
purposes, the Planning Board shall require that monuments be set delineating
said land.
[Added 2-8-1983]
Traffic control and street signs shall be provided by the subdivider
and placed at all intersections, within the street right-of-way, and
in other locations as required by the approving authority. Standard
Town street signs shall be approved by the Superintendent of Highways.
Where required by the Planning Board, streetlighting standards
of a design and location approved by said Board shall be provided
and installed by the subdivider.
A.
Where required by the Planning Board, the subdivider shall install
sanitary sewers and sewerage facilities and/or water mains and water
supply facilities and fire hydrants of the type and in a manner prescribed
by the regulations of the appropriate sewer, water or fire district
or other municipal agency having jurisdiction.
B.
Upon application for subdivision or resubdivision approval in an
area of the Town which is known to have conditions of uncertain water
quantity or quality based upon the latest geodetic information, the
Planning Board, may require that a hydrological study, addressing
parameters specified by the Planning Board, be prepared by a trained
hydrologist at the expense of and be submitted by the applicant.
[Added 2-8-1983]
Where the installation of water mains and fire hydrants is not
required, the Planning Board may require the installation of dry hydrants
where it is determined that such hydrants are desirable and a satisfactory
source of water supply can be made available. In situations determined
appropriate by the Planning Board, it may require the construction
or enlargement of a pond or other water supply. Dry hydrant hose connections
shall be located at suitable points along improved streets. Such dry
hydrants shall be installed and constructed in accordance with specifications
approved by the Town Engineer or appropriate fire district.
Where required by the Planning Board, the subdivider shall install
fire alarm signal devices, including necessary ducts, cables and other
connecting facilities, of a type and in a manner and location prescribed
by the appropriate fire district or other municipal agency having
jurisdiction.
The Planning Board may require the planting of street trees.
Such trees shall be of a hardwood variety indigenous to the neighborhood
and shall be at least two inches caliper at a height of four feet
above ground level. Where they are required by the Planning Board,
such trees shall be planted along both sides of the street, within
the street right-of-way, and spaced approximately 50 feet on center.
The Planning Board may require that the subdivider reserve,
clear, grade, pave and otherwise improve an area of such size and
location as will provide a safe and suitable place for the use of
children awaiting school buses. In general, the size of such area
shall not be less than 100 square feet, and no dimensions shall be
less than eight feet. Such area shall be included within the street
right-of-way and shall be maintained by the holder of fee title to
the street. The layout and design shall be subject to Planning Board
approval.
A.
The Planning Board shall review subdivision proposals and other proposed
new developments to assure that all public utilities and facilities,
such as a sewer, gas, electrical and water systems, are located, elevated
and constructed to minimize or eliminate flood damage and that adequate
drainage is provided so as to reduce exposure to flood hazards.
B.
The Planning Board shall require new or replacement water supply
systems and/or sanitary sewerage systems to be designed to minimize
or eliminate infiltration of floodwaters into the systems and discharges
from the systems into floodwaters and require on-site waste disposal
systems to be located so as to avoid impairment of them or contamination
from them during flooding.
A.
Lot and driveway arrangement. The lot arrangement shall be such that there will be no foreseeable difficulty, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with Chapter 150, Zoning, and the County Health Department regulations and in providing driveway access to buildings on such lots from an approved street in compliance with the driveway requirements of Chapter 150, Zoning.
B.
Lot dimensions.
(1)
Except as provided elsewhere in these regulations or otherwise permitted by the Town Board, lot area and dimensions shall comply with at least the minimum standards of Chapter 150, Zoning, for the district in which they are located. Where lots are more than double the minimum required area, the Planning Board may require that they be arranged so as to allow for further subdivision and the opening of future streets where necessary to serve such potential lots, all in compliance with Chapter 150, Zoning, and this chapter. Where, in the opinion of the Planning Board, lots of larger than minimum size are required for purposes of proper drainage, water supply, waste disposal or the preservation of important ecological features, the Board may require such oversized lots as a condition of plat approval.
(2)
Side lot lines shall generally be at right angles to street lines
(or radial to curving street lines) unless the Planning Board allows
a variation from this rule to give a better street or lot arrangement.
Dimensions of corner lots shall be large enough to allow for erection
of buildings observing the minimum front yard setback from both streets.
(3)
Where a proposed subdivision includes an existing residence larger
in size than can appropriately be placed on a lot of the minimum size
permitted in the zoning district, the Planning Board may require that
the lot be of such size and relationship to the proposed street system
that the structure will be an appropriate and harmonious part of the
subdivision.
C.
Access from major and collector streets. Lots shall not, in general,
derive access from a major or collector street, but shall front on
a minor interior street. Where driveway access from a major or collector
street may be necessary for two or more adjoining lots, the Planning
Board may require that such lots be served by a combined access drive
in order to limit the possible traffic hazard on such street. Any
such driveways, where permitted, shall be designed in such a way as
to provide adequate and convenient area for the turnaround of vehicles
so as to avoid requiring them to back into traffic on such street.
D.
Double frontage lots. Lots fronting on two streets, other than corner
lots, shall be avoided except where deemed essential by the Planning
Board in order to provide separation of residential development from
major or collector streets or to overcome problems of topography or
orientation. The Planning Board may require access limitations and/or
buffer landscaping for such double frontage lots where the Board determines
that such measures would be appropriate.
E.
Water bodies. If a subdivision contains a water body or portion thereof,
lot lines shall be drawn so as to distribute the entire ownership
of the water body among the fees of the adjacent lots, unless the
Planning Board approves an alternate plan whereby the ownership of
and responsibility for the safety of the water body is so placed that
it will not become a Town responsibility.
F.
Access across a watercourse. Where a watercourse separates the buildable
area of a lot from the street by which it has access, provision shall
be made for the installation of a bridge, culvert or other drainage
facility of a design approved by the Planning Board based upon recommendation
of the Town Engineer to provide satisfactory access across such watercourse
for fire, police and other emergency equipment.
G.
Subdivisions with land in two or more zoning districts or municipalities.
(1)
In general, a lot should not be divided by a zoning district or municipal
boundary. If it is, however, necessary for a zoning district boundary
to cross a lot, such lot shall be designed so that it can be readily
developed in accordance with the standards of the more restrictive
zoning district. If it is necessary for a municipal boundary line
to cross a lot, the Planning Board may require suitable legal agreements
to assure that the two portions of the lot will not be separated in
the future and that the portion of the lot in the adjoining municipality
will not be used for any purpose that would make it nonconforming
if the entire lot were located within the Town of Fishkill.
(2)
Whenever a subdivision includes land in two or more zoning districts
and/or municipalities, the location of the zoning district and/or
municipal boundary line shall be shown on the plat and, in addition,
where zoning boundaries are involved, the following notation shall
be added: "Existing zoning boundaries as of __________ 19 _____."
A.
All reservations and easements shall be clearly indicated on the
final subdivision plat, along with appropriate notations indicating
the rights which exist with respect to each such reservation and/or
easement.
B.
Park reservations.
(1)
General standards. The Planning Board may require that land be reserved
within subdivisions for a park or parks suitably located for playground
or other recreational purposes. Upon determining that it will require
land for recreational purposes, the Planning Board shall inform the
Town Board of said determination. Such locations shall be as designated
on the Town Development Plan or Official Map or as otherwise deemed
appropriate by the Planning Board. Each reservation shall be of suitable
size, dimensions, topography and general character and shall have
adequate street access for the particular purpose or purposes envisioned
by the Planning Board. The area shall be shown and marked on the plat
as "reserved for park purposes."
[Amended 2-8-1983]
(2)
Minimum size. The Planning Board may require the reservation of up
to 10% of the area of the subdivision for recreation purposes. In
general, it is desirable that land reserved for park and playground
purposes have an area of at least three acres. The Board may require
that such areas be located at a suitable place on the edge of the
subdivision so that additional land may be added at such time as the
adjacent land is subdivided.
(3)
Ownership of park areas. The ownership of reservations for park purposes
shall be clearly indicated on the plat and established in a manner
satisfactory to the Planning Board so as to assure their proper future
continuation and maintenance.
(4)
To be provided.
[Added 2-8-1983[1]]
(a)
In those cases where land is to be deeded to the Town for recreation
purposes, the following items are to be provided to the Planning Board:
[1]
The deed to the subject land, properly executed and in a form
fit for recording in the Dutchess County Clerk's office.
[2]
A certificate of title from a title company licensed to do business
in the State of New York certifying the marketability of the title.
[3]
A check payable to the Dutchess County Clerk in the amount necessary
to cover the recording cost of the deed.
[4]
Receipted tax bills showing that all real property taxes have
been paid.
(b)
These items will be referred to the Town Attorney by the Planning
Board for his review of their form and sufficiency. The final subdivision
plat shall not be signed by the Planning Board prior to notification
from the Town Board that the Town Attorney has approved these items.
(5)
Cash payment in lieu of reservation. Where the Planning Board determines
that a suitable park or parks of adequate size cannot be properly
located in a subdivision or where such a reservation is otherwise
not appropriate or practical, the Board may require, as a condition
to approval of any such plat, a payment to the Town of a sum determined
for such cases by the Town Board. This payment shall be paid by certified
check or cash.
[Amended 2-8-1983]
C.
Widening or realignment of existing streets. Where a subdivision borders an existing street which is narrower than the recommended right-of-way width as specified for such streets in this chapter or where a subdivision borders an existing street planned for widening or realignment in such a way as to require the use of some land in the subdivision, the Planning Board may require the subdivision plat to show such areas, which shall be marked "reserved for street realignment (or widening) purposes." Land reserved for such purposes may not be counted in satisfying yard or area requirements of Chapter 150, Zoning.
D.
Utility and drainage easements.
(1)
Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities within street rights-of-way, perpetual unobstructed easements of at least 20 feet in width shall be provided for such utilities or drainage facilities across properties outside the street lines and with satisfactory access to the street. Drainage easements shall extend from the street to the watercourse or other drainage facility and shall convey to the holder of fee title of the street the perpetual right to discharge stormwater runoff from the street and the surrounding area onto and over the affected premises by means of pipes, culverts or ditches, or a combination thereof, together with the right to enter said premises for the purpose of making such installations and doing such maintenance work as the holder of such fee title may deem necessary to adequately drain the street and the surrounding area. The requirement to provide the aforesaid drainage easement(s) is in addition to any easement(s) required pursuant to Chapter 130.
[Amended 11-10-2007 by L.L. No. 9-2007]
(2)
When a proposed drainage system will carry water across private land
outside the subdivision, appropriate drainage rights must be secured
in a form satisfactory to the Town Attorney and suitable for recording
in the office of the County Clerk.
E.
Slope easements. Where determined appropriate by the Planning Board,
said Board may permit an embankment alongside a proposed street to
extend beyond the normal right-of-way of such street, provided that
a slope easement is granted, conveying to the holder of fee title
of the street the right to enter the premises for the purpose of maintaining
such slope. Where the embankment slope is located on private land
outside the subdivision, such easement shall be permitted only where
the appropriate rights have been secured in a form satisfactory to
the Town Attorney and suitable for recording in the office of the
County Clerk.
F.
Sight easements. Sight easements shall be provided across all street
corners, outside the street corners, outside the street right-of-way,
within the triangular area formed by the nearest edges of street pavement
and a straight line between two points, each 75 feet back from the
theoretical intersection of the edges of such pavement prolonged.
The easements shall provide that the holder of fee title to the abutting
streets shall have the right to enter the easement area for the purpose
of clearing, pruning or regrading so as to maintain a clear line of
sight in either direction across such triangular area between an observer's
eye 3.5 feet above the pavement surface on one street and an object
one foot above the pavement surface on the other. The initial establishment
of clear sight lines within the sight easement area shall be the responsibility
of the subdivider.
G.
Easements for pedestrian access. The Planning Board may require,
in order to facilitate pedestrian access from streets to schools,
parks or neighboring areas, the reservation of perpetual unobstructed
easements of at least 20 feet in width for such purposes and the construction
of walkways thereon.
The subdivider may place restrictions on any of the land contained within the subdivision which are greater than those required by Chapter 150, Zoning. Such restrictions shall be indicated on the final subdivision plat.
