[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]]
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]]
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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.
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Lot count formula is:
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GPA-WWW-FW-FB-50% SS-10% GPA
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N.=
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--------------------------------------------------
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MLS
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(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]
[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.
(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.
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Type of Subdivision
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Minimum Buildable Area
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|---|---|---|
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With individual wells and individual sewage
disposal systems
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3/4 acre
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With central water and individual sewage disposal
systems, or vice versa
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1/2 acre
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With central water and central sewers
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10,000 square feet average, with no lot smaller
than 7,500 square feet
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(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.
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.
[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.
