Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
A. 
All lots or open lands under water or subject to flooding shall be subject to the requirements for flood-prone areas as provided in the provisions of Chapter 78, Flood Damage Prevention and Article XIII, Conservation Cluster.
B. 
No more than 10% of the minimum area requirement of a lot may be fulfilled by land which is subject to periodic flooding as defined in Chapter 78 of the Town Code. All minimum front, side and rear yard requirements must be satisfied by measurement on dry land.
C. 
50% of lands under water, including streams, ponds and all designated state and federal wetland areas shall be deducted from the gross lot area for the purposes of determining minimum lot area requirements.
A. 
No building permit shall be issued for the construction of any permitted or accessory use in any district within 100 feet of the mean high-water mark of the Hudson River, nor within 50 feet of the normal water edge of the main and tributary branches of Fishkill, Clove and Sprout Creeks, nor within 30 feet of any other watercourse designated on the Town Open Space and Natural Resource Index. Distances shall be measured horizontally.
B. 
There shall be no removal or deposition of material, on lots or open lands in any district, within 100 feet of the mean high-water mark of the Hudson River, nor within 50 feet of the normal water edge of the main and tributary branches of Fishkill, Clove and Sprout Creeks, nor within 30 feet of any other watercourse designated on the Town Open Space and Natural Resource Index, except as hereinafter provided. Distances shall be measured horizontally.
C. 
All lots or open lands bordering watercourses shall, in addition, be subject to the provisions of § 150-91 of this chapter and also Article XII of this chapter where applicable.
D. 
Existing buildings or structures within the restricted areas designated in Subsection A hereof shall be permitted to continue but shall be deemed nonconforming within the meaning of §§ 150-25 and 150-28 of this chapter.