Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
For reasons of traffic and pedestrian safety, both on- and off-street, as well as to provide for possible future road widening or other improvements, all new driveways and sidewalk crossings entering onto any street shall comply with all requirements of these regulations and shall be subject to the approval of the Superintendent of Highways, except where such are part of a use subject to special permit or site development plan approval in accordance with Articles VIII and XI, in which case they shall be subject to review by the Planning Board and/or Board of Appeals.
[Amended 7-17-2002 by L.L. No. 7-2002]
A. 
Grades.
(1) 
The maximum grade for any new driveway accessory to a single-family dwelling and connecting its off-street parking area to a street shall be 12%, except where the approving authority has determined that, because of practical difficulty or unreasonable hardship affecting a particular property, the construction of a driveway with a grade greater than 12% should be permitted. Any such increase shall be the minimum required, and in no case shall such driveway grade be permitted to exceed 15%.
(2) 
The maximum grade for a new driveway accessory to uses other than single-family dwellings and connecting a required off-street parking area to the street shall not exceed 7%, except that the approving authority shall have the same power to permit increased grades here as in Subsection A(1) above. In no case shall the driveway grade for a use other than single-family dwellings exceed 10%.
(3) 
Notwithstanding the maximum permitted grades specified in Subsection A(1) above, no driveway serving a single-family dwelling shall have a grade in excess of 4% within 35 feet of the center line of the traveled way of the street or within 10 feet of the right-of-way line of the street, whichever measurement results in the greater distance from the center line of the traveled way (the "platform").
(4) 
Notwithstanding the maximum permitted grades specified in Subsection A(2) above, no driveway serving a use other than a single-family dwelling shall have a grade in excess of 3% within 50 feet of the center line of the traveled way of the street or within 25 feet of the property line of the street, whichever measurement results in the greater distance from the center line of the traveled way (the "platform"). The approving authority may require increased platform areas of this type in situations where, because of the nature of the proposed use, substantial traffic volumes are anticipated.
B. 
Driveway length.
(1) 
The maximum length for any new driveway accessory to a single-family dwelling and connecting its off-street parking area to a street shall be 1,000 feet, except where the approving authority has determined that, because of practical difficulty or unreasonable hardship affecting a particular property, the length of the constructed driveway should be permitted to be increased beyond 1,000 feet. Any such increase shall be the minimum required, and in no case shall the driveway length exceed 2,000 feet. Minimum acceptable lengths shall be at the discretion of the approving authority.
(2) 
Any driveway which exceeds 250 feet in length shall be provided with a pull-off area with a minimum width of 20 feet for a distance of 25 feet. A pull-off area shall be provided for each additional 250 feet of driveway length or portion thereof.
(3) 
For purposes of determining compliance with the provisions of this article, driveway length shall be measured along the center line of the proposed new driveway, beginning at the edge of pavement of the street and continuing to the face of the garage, or, in the absence of a garage, the face of the dwelling unit served by the driveway.
C. 
Shared driveways.
(1) 
Shared driveways shall be permitted to serve a maximum of three individual single-family dwellings, provided that each lot has sufficient physically accessible road frontage to allow for construction of a fully compliant, separate driveway for each dwelling unit. This maximum shall apply except where the approving authority has determined that, because of a practical difficulty or unreasonable hardship affecting a particular property, the number of individual single-family dwellings to be served should be permitted to be increased. In no case shall the number of dwellings served be greater than five. The approving authority in its discretion may waive the requirement for physically accessible road frontage in the event of a practical difficulty or unreasonable hardship affecting a particular property.
(2) 
Shared driveways shall be a minimum width of 18 feet up to the point at which the driveway splits to serve individual single-family dwellings.
(3) 
Shared driveways will not be permitted unless the owners of the individual parcels to be served by a shared driveway shall have entered into a written agreement, satisfactory to the approving authority, covering access, use and maintenance of the shared driveway. Such agreement shall be a recordable covenant running with the land, acceptable in form and content to the Planning Board Attorney, and binding on all parties.
D. 
Emergency vehicle access.
(1) 
All new driveways accessory to a single-family dwelling shall be a minimum width of 12 feet.
(2) 
All new driveways accessory to a single-family dwelling shall have and maintain a minimum overhead vertical clearance of 14 feet six inches extending the full width of the driveway.
(3) 
All new driveways accessory to a single-family dwelling shall be constructed with a pavement structure and related appurtenances (e.g., culverts, bridges, etc.) adequate to support a thirty-ton apparatus.
(4) 
All new driveways accessory to a single-family dwelling shall be constructed with a minimum horizontal center line radius adequate to allow access for any responding emergency vehicle.
(5) 
All new driveways accessory to a single-family dwelling longer than 100 feet shall have an adequate and convenient turnaround area accessible to, and for use by, responding emergency vehicles. The turnaround area need not be fully paved, but there shall be an adequate aggregate area of paved and unimproved cleared level surface to permit such vehicles to turn around easily.
E. 
Alignment and location. Any driveway entering onto a street shall be located and aligned in such a way as to create the minimum possible traffic hazard. The platform portion of a driveway required by § 150-72A(3) or (4) above shall be aligned at approximate right angles to the street.
F. 
Sight distance. Clear visibility shall be provided in both directions at all exit points so that the driver of an automobile stopped on the platform portion of any new driveway will have an unobstructed view of the highway for a reasonable distance (commensurate with the speed and volume of traffic on such highway) and so that the driver of an automobile traveling on the highway shall have a similar view of the automobile in the driveway.
[1]
Editor's Note: Former §§ 150-73, Alignment and location, and 150-74, Sight distance, were repealed 7-17-2002 by L.L. No. 7-2002. See now § 150-72E and F.