Village of Saugerties, NY General Requirements and Design Standards

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.

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.

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.

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.

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.

Cluster development subdivisions.

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.

Cluster development shall only be approved by the Planning Board only in accordance with the standards and procedures of Chapter 210, Zoning, in addition to the applicable standards of this chapter.

§ 168-20 Streets.

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.

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.

Temporary dead-end streets and street continuations.

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.

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.

The length of temporary dead-end streets shall be in accordance with the design standards of the Village Road Specifications.

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.

Permanent dead-end streets.

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.

The length of all permanent dead-end streets shall be in accordance with the standards of the Village Road Specifications.

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.

Treatment of major streets.

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.

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.

Street names.

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.

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.

Design standards for streets and intersections.

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.

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.

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.

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.

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.

Minimum width of street parcel or right-of-way:

Major and collector streets: 60 feet minimum.

Minor streets: 50 feet minimum.

Minimum width of pavement:

Major and collector streets: two twelve-foot lanes with eight-foot shoulders for parking on each side.

Minor streets: two ten-foot lanes with five-foot shoulders for parking on each side.

Minimum radius of horizontal curves:

Major streets: 400 feet.

Collector streets: 200 feet.

(c)

Minor streets: 100 feet.

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.

§ 168-21 Improvements.

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.

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.

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.

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.

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.

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.

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.

Other utilities.

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.

Overhead utilities.

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.

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.

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.

Flood protection.[1]

The Planning Board shall review subdivision proposals and other proposed new developments to assure that:

All public utilities and facilities such as sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage.

Adequate drainage is provided so as to reduce exposure to flood hazards.

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.

[1]

Editor's Note: See also Ch. 103, Flood Damage Prevention.

§ 168-22 Lots.

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.

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.

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.)

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.

Lot dimensions.

Except as provided for in § 168-19G and elsewhere in this chapter, lot area and dimensions shall comply with at least the minimum standards of Chapter 210, Zoning, for the district in which they are located.

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.

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.

Minimum frontage. All proposed lots, in addition to meeting the requirements of Chapter 210, Zoning, of the Code of the Village of Saugerties, shall have a minimum frontage on an existing street, or proposed subdivision street, of 50 feet as measured along the street line or right-of-way line.

Flag lots. The Planning Board will not generally approve as part of a subdivision the creation of "flag lots," as defined in this chapter, or the creation of similar irregular lots which do not meet the lot width standards established in Chapter 210, Zoning.

§ 168-23 Drainage.

Watercourses.

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.

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.

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.

Required state and federal permits.

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.

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.

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.

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.

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.

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.

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]

[1]

Editor's Note: See also Ch. 103, Flood Damage Prevention.

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.

§ 168-24 Reservations and easements.

Parks and open space.

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.

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.

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."