In interpreting and applying this chapter, the
requirements contained herein are declared to be the minimum requirements
for the protection of the public health, morals, safety, comfort,
convenience and general welfare. This chapter shall not be deemed
to affect in any manner whatsoever any easements, covenants or other
agreements between parties; provided, however, that where this chapter
imposes greater restrictions upon the use of buildings or land or
upon the erection, construction, establishment, moving, alteration
or enlargement of buildings than are imposed by other ordinances,
rules, regulations, licenses, certificates or other authorizations
or by easements, covenants or agreements, the provisions of this chapter
shall prevail. Except as hereinafter provided, the general regulations
contained in this article shall apply.
No building shall be erected, moved, altered,
rebuilt or enlarged, nor shall any land or building be used, designed
or arranged to be used, for any purpose or in any manner except in
conformity with this chapter and particularly with the specific regulations
for the district in which such building or land is located. Any use
not specifically permitted by this chapter is prohibited.
Every building hereafter erected shall be located
on a lot as herein defined. There shall be not more than one main
building and its accessory buildings on one lot, except for nonresidential
buildings in districts where such uses are permitted.
No yard or other open space provided about any
building for the purpose of complying with the provisions of these
regulations shall be included as any part of the yard or open space
for any other building; no yard or any other open space on one lot
shall be considered as a yard or open space for a building on any
other lot.
Should a lot hereafter be formed from the part
of a lot already occupied by a building, such separation shall be
affected in such manner as not to impair conformity with any of the
requirements of this chapter with respect to the existing building
and all yards and other required spaces in connection therewith, and
no permit shall be issued for the erection of a building on the new
lot thus created unless it complies with all the provisions of this
chapter.
Where a question exists as to the proper application
of any of the regulations of this chapter to a particular lot or parcel
because of the peculiar or irregular shape of the lot or parcel, the
Board of Appeals shall determine how such regulations shall be applied.
[Amended 11-14-2002 by L.L. No. 9-2002]
No permit for the erection of any building shall
be issued unless the plot on which such building is proposed to be
erected has access to a street or highway in accordance with the provisions
of § 280-a of the Town Law. This section shall not preclude
access by means of a shared driveway, if the Planning Board approves
a special permit therefor.
Notwithstanding the provisions as to bulk in
the Schedule of Residential District Regulations of this chapter,[2] a parcel of land in the three-acre (R-3) zone may hereafter
be divided into lots smaller than three acres in size, pursuant to
a subdivision approved by the Planning Board pursuant to the Town
subdivision regulations,[3] provided that:
A.
Minimum lot size. Every lot shall have a minimum lot
requirement of two acres.
B.
Bulk requirements. The bulk requirements of the R-2
District, as contained in the Schedule of Residential District Regulations,
shall apply to all lots.
C.
Maximum number of lots. The maximum number of lots
which may be created shall be equal to the number achieved by dividing
the parcel by three and rounding to the next lowest number. The subdivision
will also have to meet the standards of the Zoning Law relating to
environmentally sensitive lands.
D.
Legal assurances. The Planning Board shall require
sufficient legal assurances to prevent the future subdivision of any
lot which is larger than the minimum required lot size, if such subdivision
would reduce the average density of the subdivision below an average
of three acres per lot.
E.
In the course of review of a proposed average density
subdivision, the Planning Board can request the applicant to consider
a cluster subdivision alternative.
[1]
Editor's Note: This local law also provided
that any application for an average density subdivision of land in
the R-2 Zoning District which has received preliminary Planning Board
approval after January 1, 2002, and prior to the effective date of
this local law (December 5, 2002), may continue to be processed, and
lots created thereby shall be entitled to building permits, under
the following conditions:
1. The subdivision meets all standards of § 194-14 as in effect prior to the adoption of this local law.
2. A legally sufficient application for final
subdivision approval is submitted to the Planning Board within six
months of the effective date of this local law.
3. Final subdivision approval is granted within
six months after submission of the application, and the final plat
is duly and timely filed in the Dutchess County Clerk's office pursuant
to Town Law § 276.
[3]
Editor's Note: The Schedule of Bulk Regulations, including residential districts, is included at the end of this chapter.
[Added 11-14-2002 by L.L. No. 2-2002]
A.
Designation. For the purpose of these regulations, "environmentally sensitive lands" shall include lands defined as "floodways," "water bodies," "wetlands," "one-hundred-year floodplains," and "steep slopes" as defined in § 194-3.
B.
Proposed lots in conventional subdivisions must comply
with the following two standards:
(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[1]]
|
Gross parcel area (GPA), minus areas of wetlands,
water bodies and watercourses (WWW) as defined in the Town Code Wetlands
Ordinance,[2] 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 Laws.[3]
[1]
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. 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
|
C.
Proposed site plans for nonresidential development.
Environmentally sensitive lands shall be counted at the following
percentages of their gross land area in meeting the requirements of
minimum lot area or floor area ratio under the bulk regulations of
the Zoning Law.
|
Type of Land
|
Percentage to be Discounted
| |
|---|---|---|
|
Floodway
|
100%
| |
|
Floodplain
|
50%
| |
|
Steep slopes (greater than 20%)
|
50%
| |
|
Water bodies
|
100%
| |
|
Wetlands
|
50%
|
(1)
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.
D.
Applicability.
(1)
This provision shall apply to all lots created after December 5,
2002 (the effective date of this section), including subdivisions
and resubdivisions, and shall apply to all site plans approved after
the effective date, including site plan amendments or expansions,
except that this section shall not apply to lots on a subdivision
map which has received preliminary subdivision approval by the East
Fishkill Planning Board on or before December 5, 2002 (the effective
date of this section), provided that a legally sufficient application
for final subdivision approval is submitted to the Planning Board
within six months after the effective date of this section.
(2)
Redevelopment of a lot which is currently or previously has been
improved shall be exempt but shall be subject to federal and state
regulations.
[Added 6-22-2017 by L.L.
No. 2-2017]
[Added 10-28-2010 by L.L. No. 6-2010; amended 2-27-2014 by L.L. No.
2-2014]
The facade of a house must face the street. Houses on corner
lots should be oriented in the same direction as the adjacent houses,
which is usually the street with the least frontage. Where no other
method determines conclusively the front of a lot, the Planning Board
shall designate the property line from which the front yard will be
measured after considering the optimum orientation of the principal
dwelling to minimize negative impacts on surrounding properties.
[Added 2-27-2014 by L.L. No. 2-2014]
When an approving agency other than the Town creates a condition
of an approval which may require enforcement, maintenance, or other
action by the Town, the application must be referred to the Town Board
for approval.
[Added 2-27-2014 by L.L. No. 2-2014]
Applications pending before the Planning Board and the Zoning
Board shall be deemed to be dormant and withdrawn by the applicant
if the application does not appear on a Board agenda with new or additional
information for a period of two years or more (including those applications
awaiting submission of a draft environmental impact statement). Said
time period may not be extended by the Board.
