The Planning Board, in considering an application for the subdivision of land, shall be guided by the policy considerations specified in § 82-4 of these regulations and the following standards.
Existing features which would add value to residential development,
such as large trees, watercourses, historic spots, scenic views from
roadways, scenic views from a public trail, ridgelines, water resources,
steep slopes, active farmland, rock outcrops, forested areas, stonewalls,
hedgerows, wildlife habitats or corridors and similar irreplaceable
assets, shall be preserved through harmonious design of the subdivision.
A.
General planning standards. The arrangement, character, extent, width,
grade and location of all streets shall be considered in relation
to the proposed uses of the land to be served by such streets.
B.
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.
C.
Intersections. Intersections of streets by other streets shall be
at least 1,000 feet apart, if possible. Cross (four-cornered) street
intersections shall be avoided, except at important traffic intersections.
D.
Visibility at intersections. Within the triangular area formed at
corners by the intersecting street 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
at all intersections, and all landscaping shall be maintained over
time so that visibility is preserved.
E.
Layout of minor streets. Minor streets shall be so laid out that
their use by through traffic will be discouraged.
F.
Treatment of arterial streets. Where a subdivision abuts or contains
an existing or proposed arterial street, the Planning Board may require
marginal access streets, reverse frontage and screen planting contained
in a nonaccess reservation along the rear property line or such other
treatment as may be necessary for adequate protection of residential
properties and to afford separation of through and local traffic.
G.
Treatment of railroad or limited-access highway rights-of-way. Where
a subdivision borders on or contains a railroad right-of-way or limited-access
highway right-of-way, the Planning Board may require a street approximately
parallel to and on each side of such right-of-way, at a distance suitable
for the appropriate use of the intervening land, such as for park
purposes in appropriate districts. Such distances shall also be determined
with due regard for the requirements of approach grades and future
grade separations.
H.
Minimum curvature. When continuing street lines (projected right-of-way tangents) deflect from each other at any one point by more than 10°, they shall be connected by a curve with a radius at the inner street right-of-way line determined from the alignment standards specified in Subsection I below.
I.
Alignment standards in relation to design speeds. Alignment standards
in relation to design speeds are provided in the following table:
Design Speed
(miles per hour)
|
Minimum Radius of Horizontal Curves
(feet)
|
Maximum Percent of Grade
|
Minimum Forward Sight Distance
(feet)
|
Minimum Length of Vertical Curve for Each 1% of Change
in Grade
(feet)
| |
---|---|---|---|---|---|
20
|
100
|
10%
|
150
|
10
| |
25
|
200
|
10%
|
175
|
15
| |
30
|
250
|
10%
|
200
|
20
| |
35
|
350
|
10%
|
250
|
30
| |
40
|
450
|
8%
|
275
|
35
| |
45
|
600
|
8%
|
325
|
55
| |
50
|
750
|
8%
|
350
|
70
|
J.
Rear lanes.
(1)
Rear lanes may be provided in residential, commercial and industrial
districts as private accessways.
(2)
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.
(3)
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.
K.
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.
L.
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.
M.
Permanent dead-end streets (culs-de-sac).
(1)
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.
(2)
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.
N.
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.
O.
Sidewalks. Sidewalks shall be provided when considered necessary
by the Planning Board for pedestrian safety.
Q.
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:
(1)
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.
(2)
Written approval from the Town Superintendent of Highways and the
Town's engineer shall be secured before approval of any private
roads.
(3)
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.
(4)
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.
R.
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.
|
S.
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.
(1)
Specifications:
(a)
Right-of-way: 50 feet.
(b)
Pavement width: 18 feet to 22 feet, two lanes.
(c)
Shoulder width: three feet to six feet, on two sides; gravel/grass.
(d)
ADT: 50 to 400 vehicle trips per day.
(e)
Speed limit: 40 miles per hour to 50 miles per hour, depending
upon the road's vertical and horizontal alignment.
(3)
Drainage swales. The use of open drainage systems within the right-of-way
should be encouraged for rural road systems.
T.
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.
(1)
Specifications.
(a)
Right-of-way: 50 feet.
(b)
Pavement width: 16 feet to 18 feet, two lanes.
(c)
Shoulder width: one foot to two feet, on two sides; gravel/grass.
(d)
ADT: 50 to 400 vehicle trips per day.
(e)
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.
U.
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.
(1)
Specifications.
(a)
Right-of-way: 50 feet.
(b)
Pavement width: 12 feet to 16 feet, two lanes.
(c)
Shoulder width: one foot to two feet, on two sides; gravel/grass.
(d)
ADT: fewer than 100 vehicle trips per day.
(e)
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.
(3)
Drainage swales. The use of open drainage systems within the right-of-way
should be encouraged for rural road systems.
A.
General planning standards.
(1)
The length, width and shape of blocks shall be determined with due
regard to:
(2)
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.
(3)
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.
B.
Design standards.
(1)
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.
(2)
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.
A.
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%.
B.
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.
C.
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.
A.
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.
(1)
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:
(a)
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;
(b)
One-hundred-year floodplains;
(c)
Slopes over 25% which are 2,000 square feet or more of contiguous
sloped area; and
(d)
Lands which are currently or are in the process of being placed under
conservation easement.
(2)
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]
(3)
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.
(4)
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:
(a)
The parcel of land is not subdivided.
(b)
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.
(c)
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.
(d)
All minimum yard requirements for a lot must be satisfied by
measurement on dry land.
B.
Lot arrangement and size determination.
[Amended 9-14-2011 by L.L. No. 3-2011]
(1)
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.
(2)
The minimum individual lot frontage shall be 50 feet.
(3)
Lots gaining access from an existing state or county highway shall
comply with minimum road frontage requirements for the district.
(4)
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.
(9)
Radial corners shall be provided on the property line substantially
concentric with the curb radius corners.
C.
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.
D.
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]
E.
Design standards.
(1)
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]
(2)
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.
(3)
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.
(a)
Permanent preservation by conservation easement.
[1]
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.
(b)
Ownership of open space land.
[1]
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.
(4)
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.
A.
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."
B.
Dedications.
(1)
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.
(2)
As an alternative, the Planning Board may require a trail easement,
where appropriate, to facilitate a public trail.
(3)
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.
(4)
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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."
I.
Utility and drainage easements.
(1)
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.
(2)
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.
(3)
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.
(4)
Rights-of-way for storm drainage must be sufficient for facilities
to handle not only the anticipated discharge from the property being
subdivided, but also the anticipated runoff that will occur when property
at a high elevation in the drainage basin is developed.
J.
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.
K.
Responsibility for ownership of reservations. Ownership and responsibility
for maintenance shall be clearly indicated on all reservations.