[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.
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.
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 1 1/2%. 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 (cul-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, not exceed a length of 1,000 feet as measured from the center line of the intersecting street which has two access points to the center point of the turnaround radius along the center line of the cul-de-sac or dead-end street. Cul-de-sac length may exceed 1,000 feet if an acceptable emergency access is provided and it is approved by the Town Engineer and/or Highway Superintendent.
[Amended 11-14-2002 by L.L. No. 5-2002; 2-27-2014 by L.L. No. 1-2014]
H. 
No-outlet roads. Where a public street is created that does not connect to an existing public road that has secondary access to a public road, acceptable emergency access must be provided. Subdivisions created with driveways onto existing Town roads are exempt from this requirement. The Town engineer may waive this requirement with the consent of the Highway Superintendent. Roads that do not have a secondary outlet shall not exceed 1,000 feet in length.
[Added 2-27-2014 by L.L. No. 1-2014[1]]
[1]
Editor's Note: This local law also redesignated former Subsections H and I as Subsections I and J, respectively.
I. 
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.
J. 
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.
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.
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.[1] 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) 
Standards for lot count. For all subdivision applications, the maximum number of lots or dwelling units (N) which the Planning Board may approve for land to be subdivided shall be the whole number (all fractions excluded) which results from the following calculation:
[Amended 9-27-2007 by L.L. No. 7-2007[2]]
Gross parcel area (GPA), minus areas of wetlands, water bodies and watercourses (WWW) as defined in the Town Code Wetlands Ordinance,[3] minus areas of freshwater wetlands (FW), as defined in Article 24 of the NYS Environmental Conservation Law, minus areas within the one-hundred-year flood boundaries (FB) as defined on the Flood Boundary and Floodway Map issued by the Federal Emergency Management Agency, minus 50% of steep slopes (SS) over 20% minus 10% of the gross parcel area (GPA) (the ten-percent GPA deduction is to be made only when streets, shared driveways or private roads are included within the subdivision); all divided by the minimum lot size (MLS) required in the zoning district in which the parcel is located.
Lot count formula is:
GPA-WWW-FW-FB-50% SS-10% GPA
N.=
--------------------------------------------------
MLS
(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.[4]
[4]
Editor's Note: See Ch. 194, Zoning, Art. XXIII, Affordable Housing.
[2]
Editor's Note: This local law provided that it will not apply to any application which has received preliminary approval upon the effective date of this law nor will this local law apply to any application for which a determination of significance has been adopted as of the effective date of this law and, in addition, for which a DEIS has heretofore been submitted to the lead agency conducting environmental review or for which a DEIS will be submitted within nine months from the effective date of this law.
[3]
Editor’s Note: See Ch. 110, Freshwater Wetlands, Water Bodies and Watercourses.
(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
(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.
[1]
Editor's Note: See Ch. 194, Zoning.
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; amended 10-28-2010 by L.L. No. 6-2010]
(1) 
Each proposed flag lot shall meet the applicable standards of § 194-92.1 of the Zoning and must be created in accordance with all ordinances of the zoning district in which they are located. The buildable portion of the flag lot shall be at least 50% greater than the minimum lot area in the underlying zoning district, but in no event less than one acre.
(2) 
It must be shown to the satisfaction of the Planning Board that the parcel has an environmental or topographical hardship, which prevents a non-flag-configured division of the property.
(3) 
It must be shown to the satisfaction of the Planning Board that the proposed flag lot will not, for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography, or for any other reason be harmful to the health, safety or welfare of the property owner, adjacent landowners, or the community.
(4) 
No more than one flag lot may be created through the division of a single parcel.
(5) 
The Planning Board shall designate the property line from which the depth of the yard on a flag lot will be measured after considering the optimum orientation of the principal dwelling to minimize negative impacts on surrounding properties. The designated property line shall serve as the abutting street right-of-way for building setback purposes.
(6) 
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.
I. 
Upon receipt of a proper application, fee, and a survey illustrating existing and proposed lot lines, a lot line adjustment between two lots, which does not create a new lot, shall be reviewed internally by the Engineering Department, the Town Assessor's Office, and the Town Attorney's Office. Planning Board review shall only be required if any lot increases or decreases in size by more than five acres. All submitted surveys must show existing subsurface sanitary systems and potable wells if not serviced by municipal water.
[Added 6-26-2008 by L.L. No. 2-2008; amended 9-22-2022 by L.L. No. 7-2022]
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."
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 for lots reserved for placement of affordable housing units, as defined under § 194-164 of this Code, and $4,000 per lot for all other lots 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; 10-28-2004 by L.L. No. 7-2004[1]]
[1]
Editor's Note: This local law also stated that it would apply to subdivisions which received conditional final approval after the effective date of the law and that applicants would receive credit for any fees previously paid.
(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.