The Planning Board, in considering an application for the subdivision
of land, shall be guided by the following considerations and standards, which
standards shall be deemed to be the minimum requirements for the convenience,
health, safety and welfare of the Village. In all cases except where noted
herein, the Planning Board shall be the determining agent.
A.
Character of land. Land to be subdivided shall be of
such character that it can be used safely for building purposes without danger
to health or peril from fire, flood or other menace. Land subject to such
hazards shall not be subdivided nor developed for residential purposes, nor
for such other uses as may endanger health, life or property, or aggravate
a physical hazard, but such land may be set aside for uses as shall not involve
such danger nor produce unsatisfactory living conditions.
B.
Conformity with Official Map and Village Development Plan and Chapter 210, Zoning. Subdivisions shall conform to the Official Map of the Village and Ulster County and shall be in harmony with the Village Development Plan, if such exist, and Chapter 210, Zoning, of the Code of the Village of Saugerties.
C.
Preservation of natural cover.
(1)
Land to be subdivided shall be laid out and improved
in reasonable conformity to existing topography, in order to minimize grading,
cut and fill, and to retain, insofar as possible, the natural contours, to
limit stormwater runoff, and to conserve the natural vegetative cover and
soil. Wetlands shall remain undisturbed insofar as possible.
(2)
No tree, topsoil, sand, gravel or other excavated material
shall be removed from its natural position except where necessary and incidental
to the improvement of lots and the construction of streets and related facilities
in accordance with the approved plat. Topsoil so removed shall be restored
to a depth of at least six inches and properly seeded and fertilized in those
disturbed areas that are not to be occupied by buildings or structures. No
excess topsoil so removed shall be disposed of outside of the boundaries of
the Village, except upon the approval of the Village Board.
D.
Preservation of existing features. Existing natural and
cultural features which are of ecological, aesthetic, scenic or historic value
to the site or the Village as a whole, such as individual trees, stands of
trees, wetlands, watercourses, ponds, rock formations, historic buildings
and places, stone walls, and similar irreplaceable assets, shall be preserved,
insofar as possible, through harmonious design of the subdivision, and, where
appropriate, the Planning Board may require the inclusion of such features
within permanent reservations.
E.
Specifications for required improvements. All required
improvements shall be constructed or installed to conform to Village specifications,
where such exist, which may be obtained from the Village Engineer, Village
Superintendent of Highways or Village Planning Board; or, in the absence of
Village specifications, shall conform to the specifications of the county,
state and federal agencies with jurisdiction over such improvements or facilities.
F.
Frontage on improved streets. Except as otherwise permitted in this chapter, the area proposed to be subdivided shall have frontage on and/or direct access to an approved street duly placed on the Official Map, and if such street be private, it shall be improved to the satisfaction of the Village Engineer and approved by the Planning Board or there shall be a performance guarantee held by the Village to assure such improvement, pursuant to the provisions for such guarantees in Article VI of this chapter.
G.
Cluster development subdivisions.
(1)
Pursuant to § 7-738 of New York State Village Law, and the cluster development provisions of Chapter 210, Zoning, of the Code of the Village of Saugerties, the Planning Board may allow, upon request of the subdivider, or require, upon its own determination, the creation of lots at variance with the requirements of lot size, width and yards specified in Chapter 210, Zoning, where the creation of such lots would result in a more efficient layout of streets, lots and utilities, and in the preservation of natural features, important views, significant open spaces or recreation opportunities.
A.
General. Streets shall be suitably located, of sufficient
width, and adequately improved to accommodate the prospective traffic, and
to afford satisfactory access to police, fire-fighting, snow removal or other
utility and road maintenance equipment, and shall be coordinated so as to
compose a convenient system. All streets shall be properly related to the
Village Development Plan and in conformance in location and design to the
Official Map, if such exist.
B.
Relation to topography. Streets shall be logically related
and conform insofar as possible to the original natural topography. They shall
be arranged so as to obtain as many building sites as possible at or slightly
above the grade of the street. A combination of steep grades and sharp curves
shall be avoided.
C.
Temporary dead-end streets and street continuations.
(1)
The arrangement of streets shall provide for their continuation between adjacent properties, where such continuation is determined necessary for proper traffic movement, effective fire protection, efficient provision of utilities, snow removal and other services, and/or where such continuation is in accordance with the Village Development Plan or is otherwise considered by the Planning Board to be in the public interest, so as to help create a convenient and safe system. Alternatively, if a street continuation is not determined to be warranted by the circumstances, including severe environmental constraints, or would result in unsafe traffic conditions or otherwise jeopardize the public safety and welfare, the Planning Board may designate such street as a "permanent dead-end" to be designed in accordance with the standards in Subsection D.
(2)
Where the continuation of a street beyond the boundaries
of a subdivision is warranted, but the adjacent property is undeveloped and
the street must dead-end temporarily, the Planning Board may require that
the right-of-way or street parcel and all improvements be extended to the
property line. A temporary turnaround area shall be provided on all temporary
dead-end streets in accordance with the Village Road Specifications, with
a notation on the plat that land outside the normal street right-of-way or
street parcel shall revert to abutting property owners upon continuation of
the street.
(3)
The length of temporary dead-end streets shall be in
accordance with the design standards of the Village Road Specifications.
(4)
Where a turnaround exists at the end of a street within
an adjoining development to which a proposed street is to connect, the applicant
may be required to remove the portions of the turnaround pavement outside
of the normal width of the traveled way, perform any necessary extension and/or
reconstruction of the pavement, construct continuations of any existing driveway,
sidewalks and curbs to the new pavement edge, and regrade, seed and drain
the disturbed areas in such a manner as to blend them in with the surrounding
landscape.
D.
Permanent dead-end streets.
(1)
Where a street does not extend to the boundary of a subdivision tract, and its future continuation is determined by the Planning Board not to be necessary, in accordance with Subsection C(1), it shall be separated from such boundary by a distance not less than the minimum required lot depth. The Planning Board may require the reservation of an easement extending from the end of the road to the boundary, sufficiently wide enough to accommodate utilities, drainage facilities and/or pedestrian traffic. A "T" shaped or equivalent circular turnaround shall be provided, designed in accordance with the standards of the Village Road Specifications.
(2)
The length of all permanent dead-end streets shall be
in accordance with the standards of the Village Road Specifications.
(3)
The Planning Board may require that a permanent dead-end
street in a subdivision be designed as an internal loop system, so as to provide
efficient access to all building lots, and to avoid the need to create turnaround
areas on the site.
E.
Treatment of major streets.
(1)
In residential areas. Where a subdivision abuts or contains
an existing or proposed major street or controlled access highway, the Planning
Board may require marginal access streets, reverse frontage with 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.
(2)
In business areas. In areas zoned or designed for commercial
use, or where a change of zoning is contemplated for commercial use, the Planning
Board may require that the street width be increased or that a service road
be constructed, to assure the free flow of through traffic without interference
by parked or parking vehicles, and to provide adequate and safe parking space
for such commercial uses.
F.
Street names.
(1)
All streets shall be named and such names shall be subject
to the approval of the Planning Board. Prior to Planning Board approval, all
proposed road names should be reviewed by the Ulster County Real Property
Tax Service Agency, which shall indicate in writing its approval or disapproval
of the proposed road name.
(2)
Names shall be sufficiently different in sound and spelling
from other street names in the Village and/or postal delivery area, in order
to avoid confusion. A street which is a continuation of an existing street
shall bear the same name. As general policy, the use of personal names for
new roads is discouraged. Historical names are preferred or names appropriate
to the particular development or general neighborhood.
G.
Design standards for streets and intersections.
(1)
The requirements of the Village Road Specifications,
as adopted by the Village of Saugerties Highway Department, and as may be
subsequently amended, will normally be considered as minimum standards for
design and construction of all proposed streets.
(2)
All proposed public streets shall be built to the Village
Road Specifications. These requirements and standards must be met and paid
for by the person or firm proposing that the Village accept dedication of
the street parcel or right-of-way. Dedication of the street parcel or right-of-way
to the Village will not be accepted unless the developer's professional
engineer or licensed land surveyor and the Village Superintendent of Highways
shall have certified to the Village Board in writing that the construction
of the street or road has been completed in accordance with these specifications.
(3)
All proposed private streets must be constructed to the
minimum standards necessary to permit access into the street and abutting
lots by emergency vehicles, school buses and delivery vehicles. The Planning
Board may request that all proposed private streets be reviewed by local fire
district officials, other emergency service providers and the Village Highway
Superintendent in order to determine the type and scope of road design and
construction necessary to provide adequate safe access on the private street.
(4)
No building permit shall be issued for any site having
access onto a private street, until the private street has been constructed
and improved to these standards. The Planning Board may request that the Village
Engineer or Village Highway Superintendent inspect the construction of the
private street to determine the adequacy of improvements.
H.
Design standards for streets. The requirements of this
section will normally be considered as minimum standards. The Planning Board
may, because of problems in a specific development, waive one or more of these
requirements.
(4)
Minimum length of vertical curves: 300 feet on major
roads, 200 feet on a collector but not less than 40 feet for each 1% algebraic
difference in grade, 100 feet but not less than 20 feet for each 1% algebraic
difference in a grade for a minor street.
(5)
Minimum length of tangents between reverse curves: 300
feet on a major street, 200 feet on a collector street and 100 feet on a minor
street.
(6)
Maximum grade: 12% on all streets.
(7)
Minimum sight distances: 450 feet on major and collector
streets and 350 feet on minor streets.
(8)
Turnarounds for dead-ends: A circular turnaround with
a minimum right-of-way radius of 50 feet and a pavement radius of 40 feet
shall be provided at the end of permanent dead-end streets.
A.
Street improvements. Streets shall be graded and improved
with pavement, street signs, sidewalks, streetlights, curbs, gutters, street
trees, water mains, sanitary sewers, storm drains, and fire hydrants. The
Planning Board may waive, subject to appropriate conditions, such improvements
as it considers are not requisite in the interest of the public health, safety
and general welfare or may result in unnecessary hardship. Such grading and
improvements shall be approved as to design and specifications by the Village
Engineer, who shall require that all pertinent Village standards and specifications
shall be met.
(1)
Traffic control and street signs. Traffic signals, controls
and street signs shall be provided by the subdivider and placed at all intersections,
within the street parcel or right-of-way, and in other locations as required
by the responsible approving authority. The type and location of all traffic
control and street signs shall be approved by the Village Superintendent of
Highways and/or by the appropriate state or county agency.
(2)
Streetlighting standards: When required by the Planning
Board, streetlighting standards, of a design and location specified by the
Village Engineer or Village Superintendent of Highways, shall be provided
and installed by the subdivider.
(3)
Street trees. The Planning Board may require the planting
of street trees. Such trees shall be of a variety indigenous to the neighborhood,
and shall be at least three inches caliper at a height of five feet above
ground level. When required by the Planning Board, such trees shall be planted
along both sides of the street, no more than five feet beyond the street parcel
or right-of-way, on private property away from the sidewalk, curbing or street,
and spaced approximately 40 feet on center.
(4)
School bus pickup areas. The Planning Board may require
that the subdivider reserve, clear, grade, pave and otherwise improve an area
on a street of such size and location as will provide a safe and suitably
sheltered place for the use of children awaiting school buses.
B.
Monuments and markers. Permanent monuments shall be placed
at all block corners, angle points, points of curvature and points of tangency
in streets and intermediate points as required by the Village Engineer to
enable all property lines to be readily reproduced on the ground. In no case
shall there be fewer than four permanent monuments per block. Monuments shall
be set so as to prevent movement by frost upheaval and other pressures. Markers
of a material size and length suitable to the Village Engineer shall be placed
at all points where road lines intersect plats boundaries and at all lot corners.
C.
Water and sewerage facilities. Facilities for water and
sewerage shall be provided in each new subdivision in accordance with the
requirements of the Village Engineer and the appropriate agency having jurisdiction
over the planning and installation of these in the area of the subdivision.
D.
Other utilities.
(1)
Underground utilities. In order to assure greater safety
and improved appearance, all utility lines and related equipment for providing
power and communication services shall be installed underground, in the manner
prescribed by the regulations of the utility company having jurisdiction.
Underground utility lines shall be located outside of the paved roadway of
the street but, except in unusual circumstances, within the street right-of-way
or parcel, to simplify location and repair of the lines. Underground service
connections shall be provided to the property line of each lot before the
street is paved and may pass under the traveled way of the street. A plan
showing the "as-built" locations of all utilities shall be filed with the
Planning Board and the Highway Department upon completion of all such improvements.
(2)
Overhead utilities.
(a)
The placement of overhead utilities, such as electric
and telephone and other communication distribution facilities, shall be permitted
only upon demonstration by the subdivider to the satisfaction of the Planning
Board that the placement of these facilities underground is economically unfeasible
and would create an unnecessary hardship.
(b)
Utility poles shall be set in such a location that they
will normally be in back of the curbline and between the curbline and the
theoretical sidewalk line. Where overhead utility wires are to exist, trees
of a type that will grow to a limited height and not interfere with the wiring
shall be used.
(3)
Utility company service. The Planning Board shall require
as a condition of subdivision approval that the applicant present evidence
satisfactory to the Village Attorney and the Village Engineer that the appropriate
utility company will provide services at the time of issuance of the first
building permit for construction in the subdivision. Any security required
by said utility for providing such service to the properties in the subdivision
shall be posted by the applicant prior to the signing of the final plat by
the Planning Board Chairman.
E.
Flood protection.[1]
(1)
The Planning Board shall review subdivision proposals
and other proposed new developments to assure that:
(2)
The Planning Board shall require new or replacement water
supply systems and/or sanitary sewerage systems to be designed to minimize
or eliminate infiltration of flood waters into the systems and discharge from
the systems into flood waters, and require on-site waste disposal systems
to be located so as to avoid impairment of them or contamination from them
during flooding.
A.
Lots to be buildable. The lot size, width, depth shape and arrangement shall be appropriate for the type of development and use contemplated, and shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with Chapter 210, Zoning, as it may be adopted, or in providing access to buildings on such lots from an approved street. Dimension of corner lots shall be large enough to allow for erection of buildings, observing the minimum front yard setback from both streets.
B.
Side lot lines. Side lot lines shall be at right angles to street lines unless a variation from this rule will give, in the opinion of the Planning Board, a better street or lot plan. Lot lines shall coincide with municipal boundaries rather than cross them, as set forth in § 168-8B of this chapter. Where extra width has been dedicated for widening an existing street, lot lines shall begin at such extra width line.
C.
Access from major streets. Lots shall generally not have their vehicular access from a major street. 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 drive in order to limit possible traffic hazard on such street. (See § 168-20E, Treatment of major streets.)
D.
Driveways. Proposed driveway locations shall be shown
on the construction plans. The maximum driveway gradient to the building site
shall not exceed 12%, unless waived by the Planning Board, and the intersection
of driveways with the road shall be so oriented and graded that vehicles may
use the driveways safely. All proposed driveway access points on existing
village, county or state roads shall be reviewed and approved by the appropriate
agency prior to final plat approval by the Planning Board. The Planning Board
may require that the applicant submit necessary topographic and design information
to demonstrate that the lot layout will allow driveways that meet these criteria
and provide proper drainage.
E.
Lot dimensions.
(2)
Where lots are more than double the minimum required area, the Planning Board may require that they be arranged so as to allow for further subdivision and the opening of future streets where necessary to serve such potential lots, all in compliance with Chapter 210, Zoning, and this chapter. Where, in the opinion of the Planning Board, lots of larger than minimum size are required for purposes of property drainage, water supply waste disposal, or the preservation of important natural features, the Board may require such oversized lots to be deed restricted as a condition of plat approval.
F.
Double frontage lots. Lots fronting on two streets, other
than corner lots, shall be avoided except where deemed essential by the Planning
Board in order to provide separation of residential development from major
or collector streets, or to overcome problems of topography or orientation.
The Planning Board may require limitations and/or buffer landscaping for such
double frontage lots where the Board determines that such measures would be
appropriate.
A.
Watercourses.
(1)
Where a watercourse separates a proposed street from
abutting property, provision shall be made for access to all lots by means
of culverts or other structures of design approved by the Village Engineer.
(2)
Where a subdivision is traversed by a watercourse, drainageway,
channel or stream, there shall be provided a stormwater easement or drainage
right-of-way as required by the Village Engineer, conforming substantially
with the line of such width as will be adequate to preserve natural drainage
but in no case less than 20 feet in width. Such easements shall be maintained
by the owners of the properties traversed by the easement.
B.
Water bodies. If a tract being subdivided contains a
water body or portion thereof, lot lines shall be drawn so as to distribute
the ownership of the water body among the fees of the adjacent lots. The Planning
Board may approve an alternate plan where by the ownership of and responsibility
for safe maintenance of the water body is so placed that it will not become
a Village responsibility. No more than 25% of the minimum lot area required
under zoning regulations, may be satisfied by land under water.
C.
Required state and federal permits.
(1)
Any subdivider proposing to disturb or alter any state-designated
protected stream as established pursuant to Article 15 of Environmental Conservation
Law, or proposing to disturb or alter any state-designated wetland and buffer
area as established pursuant to Article 24 of Environmental Conservation Law,
must obtain the appropriate permits from the New York State Department of
Environmental Conservation, as required for such disturbance or alteration
activities as specified in Parts 608 and 663 through 665 of the New York Code
of Rules and Regulations.
(2)
Any subdivider proposing to disturb or alter any federal
designated wetland over one acre in area, as established pursuant to Section
404 of the United States Clean Water Act (United States Code § 1344),
must obtain the appropriate regional, conditioned national or individual permits
from the New York District of the United States Army Corps of Engineers, as
specified in Sections 320 through 330 of Part 33, Code of Federal Regulations.
D.
Removal of spring and surface water. The subdivider may
be required by the Planning Board to carry away by pipe or open ditch any
spring or surface water that may exist either previous to or as a result of
the subdivision. Such drainage facilities shall be located in the street parcel
or right-of-way where feasible. If not feasible, such drainage facilities
shall be located in perpetual unobstructed easements of appropriate width
maintained by the owners of the properties traversed by the easement. The
Village will generally not accept ownership of, or maintenance responsibility
for, any off-road drainage easement, except where specifically recommended
by the Village Engineer or Village Highway Superintendent.
E.
Drainage structures to accommodate potential development
upstream. A culvert or other drainage facility shall be suitably sized to
accommodate potential runoff from its entire upstream drainage area, whether
inside or outside the subdivision. The Village Engineer shall approve the
design and size of this facility based on the anticipated runoff.
F.
Responsibility from drainage downstream. The subdivider's engineer shall study the effect of the proposed plat on the existing downstream drainage facilities outside the area of the subdivision. This study shall be reviewed by the Village Engineer. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the Planning Board shall notify the Village Board of such potential condition. In such case the Planning Board shall not approve the subdivision until provisions have been made for the improvement of said condition or for on-site control of stormwater runoff, in accordance with Subsection B below.
G.
Stormwater runoff. The subdivider may provide, or may
be required by the Planning Board to provide, stormwater runoff control techniques
and measures, such as, but not limited to, detention basins and ponds, and
materials used to line drainage channels. Such stormwater control facilities
shall be located in perpetual unobstructed easements of appropriate length
and width maintained by the owners of the properties traversed by the easement.
The Village will generally not accept ownership of, or maintenance responsibility
for, any easement in which stormwater runoff control facilities are located,
except where specifically recommended by the Village Engineer or Village Highway
Superintendent.
H.
Land within floodways. Land within the floodway depicted
on maps published by the Federal Emergency Management Agency (FEMA) shall
not be platted for residential or nonresidential occupancy, nor for such other
uses as may increase danger to health, life or property or aggravate the flood
conditions. However, such land within the plat shall be set aside for such
use as shall not be endangered by periodic or occasional inundation.[1]
I.
Development within the one-hundred-year flood hazard zone. Land within the one-hundred-year flood hazard zone, as depicted on the Flood Insurance Rate Maps (FIRM) published by FEMA, and other land deemed by the Planning Board to be subject to the threat of flooding, shall not normally be platted for residential or nonresidential occupancy, except that in situations where the subdivision layout cannot be arranged to avoid the creation of lots within these flood hazard areas, such lots shall be developed only in accordance with the standards of Chapter 103, Flood Damage Prevention, of the Code of the Village of Saugerties prior to the issuance of a building permit, and a corresponding notation to that effect shall be made on the plat.
A.
Parks and open space.
(1)
General. In accordance with § 7-730 of the
Village Law, the Planning Board may require either the reservation of land
for park or recreational purpose or payment of a fee to a trust fund to be
used for recreation purposes in the area of the subdivision.
(2)
Reservation of land. The Planning Board may require the
reservation of land for a park or recreational purposes to be reserved on
the plat, but in no case to be more than 10% of the gross area of the subdivision.
The location of such reservation shall be in accordance with the Village Development
Plan or Official Map, if such exist, or otherwise when the Planning Board
shall deem such reservation to be appropriate. In general, such reservations
should have an area of at least one acre and have adequate street access.
(3)
Character of recreation sites. Land reserved for recreation
purposes shall be of a character and location suitable for use as a playground,
playfield, or for other recreation purposes; and shall be improved by the
developer to the standards required by the Planning Board, which improvements
shall be included in the performance guarantee. The Planning Board may refer
any subdivision proposed to contain a dedicated park to the local government
official or department in charge of parks and recreation for a recommendation.
All land to be reserved for dedication to the local government for park purposes
shall have prior approval of the Village Board and shall be shown marked on
the plat "Reserved for Park and/or Recreation Purposes."
(4)
Payment of money in lieu of land. Where the Planning
Board determines in writing that a suitable park or parks of adequate size
cannot be properly located in any such plat or is otherwise not practical,
the Planning Board may waive the requirement of land reservation, on the condition
that the subdivider deposit a cash payment with the Village Clerk in lieu
of land reservation. Such payment shall be placed in a trust fund to be used
exclusively for the purchase and development of neighborhood sites for parks,
playgrounds, or other recreational purposes. The amount of such payment shall
be in accordance with the fee schedule adopted by the Village Board.
B.
Widening or realignment of existing streets. Where the
subdivision borders an existing street and additional land is required for
realignment or widening of such street as indicated on the Official Map, or
Village Development Plan, if such exist, or where the Planning Board deems
such reservation necessary, the Planning Board may require that such areas
be indicated on the Plat and marked "Reserved for Street Realignment (or Widening)
Purposes." Where such areas are intended to be dedicated to the Village or
other government agency by the subdivider, deeds that describe such areas
must be prepared by the subdivider and submitted to the Planning Board for
review prior to dedication to the Village or other government agency.
C.
Easements for utilities and drainage. 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 and drainage 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.
D.
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
of at least 10 feet in width.
E.
Easements for maintenance of slopes. Where steep slopes
beyond the street right-of-way may require maintenance, an easement may be
required for such purposes. This requirement shall be based upon a determination
by the Village Engineer, at the request of the Planning Board.
F.
Responsibility for ownership of reservations. Title to
all reservations, if vested in interests other than the subdivider shall be
clearly indicated on the plat.
G.
Access to public lands. No reserve strip controlling
access to land dedicated or to be dedicated for public use shall be permitted.
The subdivider may place restrictions on any of the land contained within the subdivision which restrictions are greater than those required by Chapter 210, Zoning. Such restrictions shall be indicated on the final subdivision plat.