The Planning Board, in considering an application for the subdivision of land, shall be guided by the policies specified in §
206-2 of this chapter and the following standards.
Land for parks and other common open space purposes
will be provided, in an adequate amount, in any subdivision of land
for residential purposes throughout the Town of Clinton. Where applicable,
open space areas shall also be provided within commercial sites. However,
alternatives to the parkland requirement are described in this section.
A. Amount of land reserved. In general, the Planning
Board shall require that up to 10%, or an amount as otherwise required
by New York State Town Law, of the total land area within the subdivision
be set aside and shown on the plat for park, playground and common
open space purposes, including trails and other linkages between neighborhoods.
All lands designated on the plat as park playground or common open
space must be deemed suitable for this purpose by the Planning Board
based upon overall consistency with the Town Master Plan and a site-specific
analysis of the lands' topographic, geologic, hydrological and locational
characteristics. The Planning Board may establish such conditions
on the subdivision concerning access, use, and maintenance of such
park and common open space lands as deemed necessary to ensure the
preservation of the lands, in perpetuity, for their intended purposes.
Such conditions shall be clearly noted by the licensed land surveyor
on the plat prior to final plat approval and subsequent recording
of the plat in the office of the Dutchess County Clerk.
B. The Planning Board may require land to be set aside
for park, playground or other recreational purposes after the Planning
Board or Town Board has made a finding that a proper case exists for
requiring that a park(s) be suitably located for these recreational
purposes within the Town. Such findings, as specified in § 277
of the New York State Town Law, include an evaluation of the present
and anticipated future needs for park and recreational facilities
in the Town of Clinton based on projected population growth to which
the particular subdivision plat will contribute, and are contained
in the Town of Clinton Master Plan.
C. Information to be submitted. In the event that an
area to be used for park, playground or common open space is required
to be shown, the applicant shall submit, prior to final plat approval,
to the Planning Board, drawings at a scale of not less than 20 feet
to the inch of any portion of such area intended for active recreation
or park development, including the following features thereof:
(1) The boundaries of the area, giving lengths and bearings
of all straight lines; and radii, lengths and long chords of all curves.
(2) Existing features such as streams, ponds, clusters
of trees, rock outcrops and structures, existing and proposed.
(3) Existing and, if applicable, proposed changes in grade
contours of the area and of the area immediately adjacent, for a distance
of not less than 100 feet, with such contours to be at an interval
of not more than two feet.
(4) Plans for improvements of said area, not limited to
grading, seeding, fencing, landscaping, the provision of play and
related equipment, and the address of conditions relating to the protection
of the public health and safety.
(5) Plans for pedestrian access to/from parkland or open
space areas; including provisions for easements to cover pedestrian
access and ownership of easements.
D. Payment in lieu of land reservation. In cases where
because of the size, topography, or location of the subdivision, or
because of the size of the individual lots provided within the subdivision
or of the proposed open space, the requirement for land dedication
or reservation for parks, playground and other public open space purposes
would be deemed unreasonable or undesirable by the Planning Board,
the Planning Board shall alternatively require, under § 277
of the New York State Town Law, that a payment be made to the Town,
deposited in a special fund established for Town recreation site acquisition
and/or capital improvement, in lieu of such land dedication or reservation
within the subdivision. Such recreation payment shall be a condition
of approval of the final plat and shall be assessed as a per-lot basis
for residential subdivisions; recreation payments shall not be assessed
for lots on which residential uses are not permitted. The recreation
payment shall not apply to the original (first) lot. No final plat
shall be signed by the Chairperson of the Planning Board until the
recreation payment has been received by the Planning Board.
In making determinations regarding the necessity
and extent of the provision and installation of required subdivision
improvements, the Planning Board shall take into consideration the
prospective character, density and uses within the proposed subdivision,
whether residential, commercial or industrial uses.
A. Improvements. The Planning Board may require the provision
and installation of improvements, in accordance with New York State
Town Law, and may specify that the applicant design such improvements,
including but not limited to the following:
(1) Parks, playgrounds, or other public open spaces of
adequate size and location for recreational purposes;
(2) Paved roads, common driveways, and driveway aprons;
(6) Sidewalks or nonpaved walkways;
(7) Road trees and treatment of buffer areas and other
required landscaping;
(8) Water supply and fire protection facilities;
(9) Sanitary sewage disposal facilities;
(10)
Storm drainage facilities;
(12)
Seeding and other means of erosion control for
all lands within the subdivision tract, including all lots, common
areas and rights-of-way; and
(13)
Monuments or other acceptable markers suitably
placed and installed.
B. Standards for installation. All improvements required
by the Planning Board shall be installed in accordance with standards,
specifications, and procedures acceptable to the appropriate Town
departments or as provided in this chapter.
C. Modification of the design of improvements shown on
the approved plat. If at any time before or during construction of
the required improvements shown on the approved plat it is demonstrated
to the Town Engineer that unforeseen conditions make it necessary
or preferable to modify the location or design of such required improvements,
the Town Engineer may, upon concurrence of the Chairperson of the
Planning Board, authorize minor modifications which are within the
spirit and intent of the Planning Board's approval and do not constitute
the waiver or substantial alteration of the function of any of the
improvements required by the Planning Board. The Town Engineer shall
issue any such authorization under this provision in writing and shall
transmit a copy of such authorization to the Planning Board for consideration
at its next regular meeting.
D. Grading and improvements. Roads shall be graded and improved in accordance with Article
IV, §
206-17, of this chapter and specifications in the Town Highway Regulations for public roads. Grading and improvements of all roads shall be approved as to design and specifications by the Town Highway Superintendent in consultation, if appropriate, with the Town Engineer. The inspection and certification of all roads shall be performed by the Town Highway Superintendent to verify that the road construction complies with the approved plans and specifications.
E. Inspection of improvements. At least five business days prior to commencing construction of required improvements, the applicant shall pay to the Town Clerk, for purposes of establishing an escrow account, the inspection fee, if any, required by the Town Board. The applicant shall also notify the Town Board, in writing, of the time when he/she proposes to commence construction of such improvements so that the Town Board may cause such inspection to be made to assure that all Town specifications and requirements shall be met during the construction of required improvements, and to assure the satisfactory completion of improvements and utilities as required by the Planning Board. The inspection fee shall provide reimbursement to the Town for actual direct cost incurred for such engineering services, and the remainder shall be returned. (Refer to §
206-28, Performance guarantees for required improvements.)
(1) In order to facilitate inspection of required improvements
during construction, the applicant shall notify the Town Engineer
at least five working days before reaching each of the following stages
of construction:
(b)
Drainage and other underground facilities installed,
but prior to backfilling;
(c)
After gravel base is spread and compacted;
(d)
When each pavement course is being applied;
and
(e)
After completion of all improvements.
(2) The applicant shall not proceed to work on any stage
subsequent to the first stage until the work of the previous stage
has been inspected and approved by the Town Engineer, Town Highway
Superintendent, or a representative who may be duly authorized by
the Town Board. In the case of any other improvements, the Town Engineer
shall inspect the work at such progressive stages as specified. The
Town Engineer shall certify in writing to the Town Board that the
work was inspected and was found to be in accordance with the approved
plans and specifications.
F. Proper installation of improvements. If the Town Engineer
shall find, upon inspection of the improvements performed before the
expiration date of the performance guarantee, that any of the required
improvements have not been constructed in accordance with plans and
specifications filed by the applicant, he/she shall so report to the
Town Board, the Building Inspector and the Planning Board. The Town
Board shall then notify the applicant and, if necessary, the bonding
company, and take all necessary steps to preserve the Town's rights
under the performance guarantee. No plat shall be approved by the
Planning Board as long as the applicant is in performance default
on any previously approved plat within the Town of Clinton.