Town of Pleasant Valley, NY General Requirements and Design Standards

Rear lanes may be provided in residential, commercial and industrial districts as private accessways.

Intersections of rear lanes and sharp changes in alignment shall be avoided, but, where necessary, corners shall be cut off sufficiently to permit safe vehicular movements.

Dead-end rear lanes shall be avoided when possible, but, if unavoidable, shall be provided with adequate turnaround facilities at the dead end, as determined by the Planning Board.

Design standards. Subdivision streets shall be designed to reflect the rural character of the Town of Pleasant Valley. The design guides and standards following § 82-19Q, should be referenced in the design of subdivision roads.

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 of utilities and, particularly, where such continuation is in accordance with the Town Plan. If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way and improvements shall be extended to the property line. A temporary circular turnaround, a minimum of 50 feet in radius, shall be provided on all temporary dead-end streets, with the notation on the plat that land outside the street right-of-way shall revert to abutters whenever the street is continued.

Permanent dead-end streets (culs-de-sac).

The creation of dead-end loop residential street blocks is discouraged. Where a street does not extend to the boundary of the subdivision and is not needed for access to adjoining property, it shall be separated from such boundary by a distance of not less than 100 feet.

For greater convenience to traffic and more effective police and fire protection, dead-end streets shall be limited in length so as to serve no more than 10 lots and be of a maximum length of 800 feet. Dead-end streets of greater length shall require special consideration by the Planning Board.

Street names. All streets shall be named, and such names shall be subject to the approval of the Town Planning Board and subject to review by the county's E911 Department. Names shall be sufficiently different in sound and in spelling from the 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. Street name signs shall be installed at each street intersection by the subdivider according to the standards and location required by the Town and approved by the Superintendent.

Sidewalks. Sidewalks shall be provided when considered necessary by the Planning Board for pedestrian safety.

Improvements. Improvements shall be as indicated in Article VI.

Private roads. The Planning Board may approve paved or unpaved private roads to provide access to lots in subdivisions, provided that the Planning Board finds that the proposed subdivision will protect the rural, scenic and natural character of the Town. The private road requirements are as follows:

The maximum number of lots gaining access through any portion of a private road shall be six. Four additional lots may be granted at the discretion of the Planning Board.

Written approval from the Town Superintendent of Highways and the Town's engineer shall be secured before approval of any private roads.

A homeowners' association (HOA) must be created to own and provide for the perpetual care and maintenance of the private road. The Planning Board shall have discretion to determine whether a performance bond must be posted by the applicant to ensure the proper completion of the private road and, if so, how much the performance bond shall be and what form it shall take.

Such HOA must have the power to assess the subdivision lot owners for their share of the maintenance costs of the private road. The HOA shall ensure that the road will always be maintained and kept open to permit emergency vehicle access.

(5)

In the event that HOA does not ensure that the road is properly maintained, the Town of Pleasant Valley may assume maintenance responsibilities and charge the HOA for all reasonable costs thereof. Such costs, if unpaid for more than 60 days, shall, along with attorneys' fees for their collection, become a lien on the property and be enforceable in the same manner as a property tax lien.

(6)

The private road can only be offered for dedication to the Town of Pleasant Valley if it conforms to Town highway specifications for private roads in effect on the date of the offer of dedication. However, the Town Board shall be under no obligation to accept such an offer of dedication, even if the road conforms to Town highway specifications. In the event such dedication becomes necessary to ensure public safety, the cost of bringing the road up to Town highway specifications shall be borne by the HOA.

(7)

The subdivision plat shall show the road clearly labeled "private road."

(8)

Road design shall comply with the standards for private roads in this Code.

(9)

The Planning Board may waive the requirement of a private road maintained by a HOA if it finds, after consulting with the attorney for the Planning Board or the Town Attorney, that a common drive, as set forth in § 82-22B(6), maintained pursuant to a recorded maintenance agreement, executed by the applicant as a condition of subdivision approval, will provide the same protections to lot owners and the Town as would a private road owned by an HOA.

Rural road standards.

Collector	Residential Access	Residential Road	Private Cul-de-Sac
Right-of-way width (feet)	50*	50*	50*	50* Turnaround radius: 30 feet
Pavement width (feet) (minimum-maximum)	18 to 22	16 to 18	12 to 16	12 to 16
Shoulder width (feet) (minimum-maximum)	3 to 6 on 2 sides	1 to 2 on 2 sides	1 to 2 on 2 sides	1 to 2 on 2 sides
Grade (percent) (minimum-maximum)	1 to 10	1 to 10	1 to 10	1 to 10
Curb radii (feet) (minimum-maximum)	5 to 10	5 to 10	5 to 10	5 to 10
Minimum tangent length between reverse curves (feet)	100	100	50	50
Maximum grades within 150 feet of center-line intersections (percent)	1.5	1.5	1.5	1.5
Minimum distance between center-line offsets at street jogs (feet)	300	125	125	125
Maximum length of cul-de-sac (feet)				800**
Minimum outside radius of cul-de-sac pavement (feet)				40
Angle at intersections of street center lines (degrees)	90	90	90	90

	Notes:
	*	Fifty-foot right-of-way is required by State Highway Law, but grading and clearing should be reduced to the minimum necessary.
	**	Except where, in the judgment of the Planning Board, the cul-de-sac does not impose any problem and constitutes a positive design feature.
	Rear lanes, 12 feet to 16 feet in pavement width, are allowed in hamlet areas and where the size and configuration of the subdivision are conducive to rear lanes.
	Standards are not given for arterial streets, as they would in all probability be built by the state or county.

Residential collector road. A residential collector road collects traffic from residential areas and channels it to larger roads, such as county highways, state highways, arterials, and interstates. It is well-traveled and accommodates a variety of vehicles, including large delivery trucks, school buses, pick-up trucks, vans, and cars.

Specifications:

Right-of-way: 50 feet.

Pavement width: 18 feet to 22 feet, two lanes.

Shoulder width: three feet to six feet, on two sides; gravel/grass.

ADT: 50 to 400 vehicle trips per day.

Speed limit: 40 miles per hour to 50 miles per hour, depending upon the road's vertical and horizontal alignment.

(f)

Recommended bike path: six feet wide, separated from road by a six-foot grassy aisle.

Adjacent land uses include:

Agricultural, rural land uses.

Open spaces, environmentally sensitive land.

Small single-family lots (one acre to five acres).

Large single-family lots (five or more acres).

Drainage swales. The use of open drainage systems within the right-of-way should be encouraged for rural road systems.

Residential access road. A residential access road provides access to farms and residential areas and is primarily traveled by cars, small trucks, and farm vehicles. Traffic on this road is fairly light, but it may include occasional large trucks, such as milk trucks and farm equipment.

Specifications.

Right-of-way: 50 feet.

Pavement width: 16 feet to 18 feet, two lanes.

Shoulder width: one foot to two feet, on two sides; gravel/grass.

ADT: 50 to 400 vehicle trips per day.

Speed limit: 35 miles per hour to 45 miles per hour, depending upon the road's vertical and horizontal alignment.

(f)

Bike path: generally not needed.

(g)

Pull-outs: provided on one side at appropriate intervals.

Adjacent land uses include:

Agricultural, rural land uses.

Open spaces, environmentally sensitive land.

Drainage swales. The use of open drainage systems within the right-of-way should be encouraged for rural road systems.

Small single-family lots (one acre to five acres).

Large single-family lots (five or more acres).

Private road. A private road, which may be unpaved, serves a limited number of single-family residences or a recreational area. Gravel roads shall be maintained by a private homeowners' association.

Specifications.

Right-of-way: 50 feet.

Pavement width: 12 feet to 16 feet, two lanes.

Shoulder width: one foot to two feet, on two sides; gravel/grass.

ADT: fewer than 100 vehicle trips per day.

Speed limit: 25 miles per hour to 35 miles per hour, depending upon the road's vertical and horizontal alignment.

(f)

Bike path: generally not needed.

(g)

Pull-outs: may be provided on one side at appropriate intervals.

Adjacent land uses include:

Agricultural, rural land uses.

Open spaces, environmentally sensitive land.

Small single-family lots (one acre to five acres).

Large single-family lots (five or more acres).

Drainage swales. The use of open drainage systems within the right-of-way should be encouraged for rural road systems.

§ 82-20 Blocks.

General planning standards.

The length, width and shape of blocks shall be determined with due regard to:

Provision of adequate building sites suitable to the special needs of the type of use contemplated.

Residential lots shall conform to the provisions of the Zoning Ordinance[1] for the district in which they are located.

Editor's Note: See Ch. 98, Zoning.

The need for convenient access, circulation and control safety of street traffic.

Limitations as well as opportunities offered by topography.

Irregular-shaped blocks or oversize blocks indented by culs-de-sac, parking courts or loop streets and containing interior block parks or playgrounds will be acceptable when properly designed, as determined by the Planning Board. Such blocks shall include adequate off-street parking, facilities for pedestrian access from streets to all lots, proper easements for utility lines and satisfactory provision for maintenance of park and open space, where included.

Nonresidential blocks intended for commercial or industrial use shall be of such length and width as is suitable for their prospective use. Such blocks shall include adequate provisions for off-street parking and servicing.

Design standards.

Block lengths shall not exceed 1,200 feet or be less than 400 feet; except, however, that blocks abutting on designated arterial streets shall be not less than 1,000 feet and may exceed 1,200 feet.

Blocks over 800 feet in length may be required to have a crosswalk, if necessary, to facilitate pedestrian circulation to a school, park, recreation area, shopping center or other similar neighborhood facility.

§ 82-21 Driveways.

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 10%, except where it can be demonstrated to the satisfaction of the approving authority that, because of unreasonable hardship affecting a particular property, the construction of a driveway shall be permitted, provided that the increase in driveway grade is the minimum increase required, and further provided that in no case shall such driveway grade be permitted to exceed 15%.

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 there is a similar view of the automobile in the driveway.

Where driveway access from a major street may be necessary for several adjoining lots, the Planning Board may require that such lots be served by a combined access driveway, or private road, in order to limit possible traffic hazard on such street.

§ 82-22 Lots.

Number of lots. The maximum density that is allowed for residential development is determined based on the amount of "unconstrained land" that is available on the property. This land is calculated based upon the formula below.

To determine unconstrained land, subtract from the total (gross) acreage of the proposed development parcel the acreage of "constrained land." Constrained land includes all of the following:

Streams, wetlands and water bodies 1/2 acre and over, as defined in Chapter 53, Wetland, Water Body and Watercourse Protection, of the Town Code;

One-hundred-year floodplains;

Slopes over 25% which are 2,000 square feet or more of contiguous sloped area; and

Lands which are currently or are in the process of being placed under conservation easement.

To determine the base number of allowable residential units on the site, divide the unconstrained land by the allowable number of units per acre based on the recommended lot size for the zoning district. Round down fractional units of 0.5 or less. The resulting number is the maximum number of allowable residential units on the site.

[Amended 9-14-2011 by L.L. No. 3-2011]

Parcels in more than one district. For parcels that are located within more than one residential district, calculations shall be made separately for the portion of the parcel in each district. This density may then be combined and distributed anywhere within the parcel, provided that the plan reflects the resource analysis results.

The density permitted by this section is determined without reference to either the reservation of parkland which may be required during the subdivision process or the resource analysis required in § 82-26 below. The final lot count allowed may be affected by the results of the resource analysis or by a required reservation of parkland within the subdivision.

(5)

Unbuildable parcel of land. A parcel of land that is deemed unbuildable due to the lot calculation methods under Subsection A(1) above shall be allowed to be developed with no more than one single-family dwelling, provided that:

The parcel of land is not subdivided.

For a parcel of land of one acre or less in area, no more than 25% of the lot shall be subject to periodic flooding or be within the one-hundred-year floodplain.

For a parcel of land that is greater than one acre in area, at least 30,000 square feet of dry land shall be provided.

All minimum yard requirements for a lot must be satisfied by measurement on dry land.

It shall not conflict with Chapter 53 of the Code of Pleasant Valley, Wetland, Water Body and Watercourse Protection.

Lot arrangement and size determination.

[Amended 9-14-2011 by L.L. No. 3-2011]

Average density. The final number of lots permitted within a subdivision shall be determined by the Planning Board pursuant to the provisions of § 82-22A. Although there is no minimum lot size established pursuant to the Code, the Dutchess County Department of Health shall assure that, where on-site wells and on-site sewage treatment and disposal systems are planned, adequate minimum lot sizes are provided to assure the health and safety of the residents of the subdivision and that the subdivision meets the policies outlined in § 82-4 above. The minimum lot size allowable for any subdivision below the recommended lot size shall be at the discretion of the Planning Board after consideration of factors outlined in the resource analysis required by § 82-26 of this chapter and SEQRA review.

The minimum individual lot frontage shall be 50 feet.

Lots gaining access from an existing state or county highway shall comply with minimum road frontage requirements for the district.

Lots shall be arranged in a manner that protects land of conservation value and protects the scenic resources of the Town. Conservation (cluster) subdivision development shall be required as provided for in § 278 of the Town Law.

(5)

Side lot lines shall be substantially at right angles or radial to street lines.

(6)

Double-frontage and reverse-frontage lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least 10 feet, across which there shall be no right of access, shall be provided along the line of lots abutting such traffic artery or other disadvantageous use. As an alternate, where driveway access from a major street may be necessary for several adjoining lots, the Planning Board may require that such lots be served by a combined access driveway, or private road, in order to limit possible traffic hazard on such street.

(7)

The plat shall provide each lot with satisfactory access to an existing public street or to a subdivision street that will be ceded to public use at the time of final plan approval. Private streets may be permitted only by resolution of the Board.

(8)

Corner lots and lots adjacent to pedestrian crosswalks shall have extra width of at least 10 feet or as required by the Zoning Ordinance,[1] to permit appropriate building setback from the orientation to side streets or crosswalks.

Editor's Note: See Ch. 98, Zoning.

(9)

Radial corners shall be provided on the property line substantially concentric with the curb radius corners.

Flag (rear) lots. It is the policy of the Town of Pleasant Valley to discourage flag lots. Flag lots should only be created in instances where the development of such lots will help to preserve natural, historic, and scenic resources and they will not endanger public health or safety.

Land in floodplain. Land subject to flooding or other menace shall not be platted for residential or any other use where there is potential danger to life or property or where its development will aggravate flood conditions or other hazards. Such land should be set aside for uses which will not be endangered by periodic or occasional inundation, subject to the provisions of the Zoning Ordinance.[2]

[2]

Editor's Note: See Ch. 98, Zoning.

Design standards.

Shared driveways are encouraged where appropriate to maintain rural character and provide an economical and attractive method of serving up to four homes. Driveway access is typically controlled by sight line, grades, and environmental factors, such as wetlands and stream crossings. All shared driveways shall be subject to a maintenance agreement between the owners of each and every lot, subject to approval of the Planning Board Attorney.

[Amended 9-14-2011 by L.L. No. 3-2011]

Pursuant to § 82-22B(1) above, Average density, it shall be noted on the final plat that any future subdivision on the parcel will be limited in accordance with the net density formula per § 82-22A above. Any restrictions on further development will be enforceable by the Town and in deed enforcement by adjoining landowners.

If the arrangement of lots results in large expanses of preserved open space, the preserved open space may be included as a portion of one or more large lots, or may be contained in a separate open space lot. Such open space may be owned by a homeowners' association, private landowner(s), utility company, a nonprofit organization, or the Town or other governmental entity, as long as it is protected from development by a conservation easement or, in some cases, a deed restriction and noted on the final plat. Open space set aside in a subdivision shall be permanently preserved as required by this section.

Permanent preservation by conservation easement.

A perpetual conservation easement restricting development of the open space land and allowing use only for agriculture, forestry, passive recreation, protection of natural resources, or similar conservation purposes, pursuant to § 247 of the General Municipal Law and/or §§ 49-0301 through 49-0311 of the Environmental Conservation Law, may be granted to the Town, with the approval of the Town Board, or to a qualified not-for-profit conservation organization acceptable to the Planning Board. Such conservation easement shall be approved by the Planning Board and shall be required as a condition of final plat approval. The conservation easement shall be recorded in the Dutchess County Clerk's office prior to or simultaneously with the filing of the final subdivision plat in the County Clerk's office. In the alternative, a restrictive covenant in the deed, and a map not on the final plat, enforceable by the Town, may be substituted for a conservation easement held in common by an HOA. The Town, via the Zoning Administrator, shall maintain a record of all lands under easement or deed restricted.

[2]

The conservation easement or restrictive covenant shall prohibit residential, industrial, or commercial use of open space land (except in connection with agriculture, forestry, and passive recreation). Access roads, driveways, wells, local utility distribution lines, underground sewage disposal facilities, stormwater management facilities, trails, temporary structures for passive outdoor recreation, and agricultural structures may be permitted on preserved open space land with Planning Board approval, provided that they do not impair the conservation value of the land. Forestry shall be conducted in conformity with applicable best management practices.

Ownership of open space land.

Open space land shall under all circumstances be protected by a perpetual conservation easement, but may be owned in common by a homeowners' association (HOA), offered for dedication to Town, county, or state governments, transferred to a nonprofit organization acceptable to the Planning Board, held in private ownership, or held in such other form of ownership as the Planning Board finds appropriate to properly manage the open space land and to protect its conservation value.

[2]

If the land is owned in common by an HOA, such HOA shall be established in accordance with the following:

[a]

The HOA must be established before the approved subdivision final plat is signed, and must comply with all applicable provisions of the General Business Law.

[b]

Membership must be mandatory for each lot owner, who must be required by recorded covenants and restrictions to pay fees to the HOA for taxes, insurance, and maintenance of common open space, private roads, and other common facilities.

[c]

The open space restrictions must be in perpetuity.

[d]

The HOA must be responsible for liability insurance, property taxes, and the maintenance of recreational and other facilities and private roads.

[e]

Property owners must pay their pro rata share of the costs in Subsection E(3)(b)[2][d] above, and the assessment levied by the HOA must be able to become a lien on the property.

[f]

The HOA must be able to adjust the assessment to meet changing needs.

[g]

The applicant shall make a conditional offer of dedication to the Town, binding upon the HOA, for all open space to be conveyed to the HOA. Such offer may be accepted by the Town, at the discretion of the Town Board, upon the failure of the HOA to take title to the open space from the applicant or other current owner, upon dissolution of the association at any future time, or upon failure of the HOA to fulfill its maintenance obligations hereunder, or to pay its real property taxes.

[h]

Ownership shall be structured in such a manner that real property taxing authorities can satisfy property tax claims against the open space lands by proceeding against individual owners in the HOA and the dwelling units they each own.

[i]

The attorney for the reviewing board shall find that the HOA documents presented satisfy the conditions in Subsection E(3)(b)[2][a] through [h] above, and such other conditions as the Planning Board shall deem necessary.

If the arrangement of lots results in large expanses of preserved farm use, as defined by Agricultural and Markets Law § 305-a, Subdivision 1, the land shall be contained in a separate agricultural use lot. Such agricultural use will be encouraged by conservation easement or deed restriction and noted on the final plat.

§ 82-23 Reservations and easements.

Public sites, parks, playgrounds and recreational areas. The Planning Board may require adequate, convenient and suitable areas for parks and playgrounds, or other recreational purposes, to be reserved on the plat, but in no case not less than 10% of the gross area of any subdivision. The area shall be shown and marked on the plat "reserved for park, playground or recreational purposes."

Dedications.

Where a dedication is required, it shall be accomplished as follows. The subdivider shall provide not less than 10% of the gross area of the subdivision as shown on the preliminary layout. At the discretion of the Planning Board, where such dedication would amount to less than two acres, the subdivider shall, in lieu thereof, pay a fee to the Town for each lot in his/her subdivision, to be determined by the fee schedule set by the Town Board.

As an alternative, the Planning Board may require a trail easement, where appropriate, to facilitate a public trail.

The Planning Board shall give due credit for the provision of open spaces reserved for the common use of all property owners within the proposed subdivision by covenants in the deeds.

Moneys received by the municipality from such payments shall be placed in a parkland acquisition and development fund, such moneys to be expended for acquiring parklands.

Money in lieu of dedication. If the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in any such plat or is otherwise not practical, the Board may require, as a condition to approval of any such plat, a payment to the Town of an amount to be determined by the fee schedule set by the Town Board, which sum shall constitute a trust fund to be used by the Town exclusively for the acquisition and/or development of property for neighborhood park, playground or other recreational purposes, including the acquisition of property.

School site. The Board may also require a subdivider to set aside such area as it may deem to be required for a school. Upon the failure of the proper authorities to purchase such school site within one year after the date of the approval of the plat, the subdivider, upon application to the Board and approval of such application, shall be relieved of the responsibility of reserving such land for public purposes.

Natural and historic sites. The Board may require the preservation of all natural or historical features which add value to residential developments and to the community.

Unusable areas or areas bordering watercourses. Unusable areas or areas bordering streams, lakes or other watercourses may be given special consideration by the Planning Board in excess of the minimum established by Subsection B above. The Town may accept these areas as a gift or may purchase them should they be desirable for public open spaces.

Reservation of areas in excess of minimum dedications. Where such sites and open spaces are not shown on the Town Plan, and where deemed essential by the Planning Board upon consideration of the particular type of development proposed in the subdivision, and especially in large-scale developments, the Planning Board may require the dedication or reservation of areas in excess of the minimum dedication.

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 on the plat "reserved for street alignment (or widening) purposes."

Utility and drainage easements.

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 at least 20 feet in width for such utilities shall be provided across property outside the street lines and with satisfactory access to the street. Such easements shall be centered on rear or side lot lines.

All subdivisions shall be related to the drainage pattern affecting the areas involved, with proper provision to be made for adequate storm drainage facilities. Storm drainage plans shall reflect potential surface runoff within the drainage area after development and shall comply with the requirements of the Town Engineer.

Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a storm easement or drainage right-of-way conforming substantially with the lines of such watercourse, and of such width as to encompass the twenty-five-year flood area of such watercourse.