Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
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.
(2) 
Drive or lane: local residential streets, except as follows:
(a) 
Court or place: permanent dead-end street.
(b) 
Circle or loop: street that returns to a starting point or a street both ends of which intersect another street at different locations.
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.
C. 
All subdivisions in a floodplain area are subject to the provisions of Chapter 78.
[Added 5-7-1984 by L.L. No. 5-1984]
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.
[1]
Editor's Note: This legislation also provided for the renumbering of former Subsection B(4), Cash payment in lieu of reservation, as Subsection B(5).
(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.