Village of Kinderhook, NY General Requirements and Design Standards

The street layout shall form an interconnected system of streets primarily in a rectilinear grid pattern or modified grid pattern. The use of culs-de-sac shall be minimized. The Village discourages dead-end roads.

The street layout shall incorporate a hierarchy of street types as specified below:

(a)

Type 1: residential collector street.

(b)

Type 2: residential local street.

(c)

Type 3: lane or alley.

The arrangement of streets in the subdivision shall provide for the continuation of principal streets of the adjoining subdivisions and for proper projection of principal streets into adjoining properties that are not yet subdivided, in order to make possible necessary fire protection, movement of traffic and the construction or extension, presently or when later required, of needed utilities and public services such as sewers, water and drainage facilities. Where, in the opinion of the Planning Board, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified. As for any paper streets, the Planning Board shall require that such future streets be identified on the plat. The identification of such streets shall not be deemed to constitute an offer or acceptance of dedication and the plat shall so specify. No building permit may thereafter be issued for construction within the right-of-way of a paper street.

Subdivisions containing 20 lots or more may, in the discretion of the Planning Board, have at least two street connections with existing public streets, or streets shown on the Official Map, if such exists, or streets on an approved subdivision plat for which a bond has been filed.

Residential local streets. Residential local streets shall be so laid out that their use by through traffic will be discouraged.

Provision for future resubdivision. Where a tract is subdivided into lots substantially larger than the minimum size required in the zoning district in which a subdivision is located, the Board may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements contained in this chapter.

Dead-end streets. The Village of Kinderhook discourages the creation of dead-end residential streets. However, the creation of dead-end streets will be allowed where the use of a grid system of streets is not applicable. In the case of dead-end streets, the Planning Board may require the reservation of a twenty-foot easement to provide for continuation of pedestrian and other access to the next street.

Blocks.

Size. Blocks generally shall not be less than 400 feet or more than 800 feet in length. In general, no block width shall be less than twice the normal lot depth.

Lanes or alleys shall be permitted to bisect blocks.

Shape. Blocks should be generally rectilinear or another distinct geometric shape. Amorphously shaped blocks are discouraged, except where topographic or other conditions necessitate such a shape.

Intersections with collector or major arterial roads. Street openings into such roads shall, in general, be at least 500 feet apart.

Street jogs. Street jogs with center-line offsets of less than 125 feet shall be avoided.

Angle of intersection. In general, all streets shall join each other so that for a distance of at least 100 feet the street is approximately at an angle of 70º to 90º to the street it joins.

Relation to topography. The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property, and all streets shall be arranged so as to obtain as many of the building sites as possible at or above the grade of the streets. Grades of streets shall conform as closely as possible to the original topography.

Other required streets. Where a subdivision borders on or contains a railroad right-of-way or limited-access highway utility or similar limited-access 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 (as for park purposes in residential districts). Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

§ 110-14 Street and infrastructure design.

Street widths and types.

Widths of rights-of-way shall conform to existing specifications established by the Village Board.

Type 1, residential collector streets. Residential collector streets collect traffic from other streets, primarily local streets, and channel the traffic to streets that are designed to accommodate higher traffic volume. Residential collector streets also provide access to residential property. The average daily traffic is normally 400 or more vehicles. Such streets shall have a minimum paved width of 22 feet and a right-of-way width of 60 feet. Sidewalks shall be required on both sides of the street.

[Amended 6-14-2006 by L.L. No. 3-2006]

Type 2, residential streets. Residential local streets primarily provide access to adjacent residential property. The average daily traffic is normally less than 400 vehicles. Such streets shall have a minimum paved width of 20 feet and a right-of-way width of 60 feet. Sidewalks may be required on both sides of the street, depending on topography, drainage and vehicle volume. Shade trees shall be planted on both sides of the street outside of but within six feet of the right-of-way line.

[Amended 6-14-2006 by L.L. No. 3-2006]

Type 3, lanes or alleys. Lanes or alleys shall be treated as private streets. Any lot having access from a lane shall additionally front upon one of the other types of streets. Such streets may be dedicated to a homeowners' association or may be dedicated as common easements across the rear portions of lots. They shall have a twelve-foot minimum paved width with a twenty-foot width of easement. Buildings or fences shall be set back a minimum of three feet. No parking shall be permitted on either side of the lane or alley. Lane or alley lighting shall be provided on all garages or on poles adjacent to parking areas.

Improvements by the subdivider. Streets shall be graded and improved with pavement, storm drainage facilities, water mains and fire hydrants, streetlighting, street signs and sidewalks. The Planning Board may require curbs, gutters and a parking lane or lanes. Pedestrian easements shall be improved as required by the Village Engineer. The Village Engineer shall approve such grading and improvements as to design and specifications.

Water distribution system. Prior to approval of a subdivision plat, the applicant must receive, in writing, a statement from the Village Board indicating that the subdivision may be served and hooked up to the Village water system. Installation of the water distribution system shall be in conformity with the Water System Specifications of the Village of Kinderhook.

Sewer and septic systems. Each proposed lot within a subdivision must be suitable for an individual septic system, pursuant to state law as implemented by the Columbia County Department of Health. However, lots within a conservation subdivision and any major subdivision may be served jointly by a community system designed to manage wastes from each household. In a conservation subdivision the required open space may be used, without restriction, for underground drainage fields for individual or community septic systems. However, mound systems protruding above grade shall be limited to no more than 10% of the required minimum open space.

Streetlights. Lighting facilities shall be in conformance with the lighting system of the Village. Such lighting standards and fixtures shall be installed after approval by the appropriate power company and the authorized Village electrical inspector. Period-style streetlights, consistent with the historical nature of the Village, shall be required.

Sidewalks, curbs and gutters. Sidewalks are required for all new subdivisions and shall be a minimum of four feet in width. In commercial areas, walkways shall be raised and curbed along buildings and within parking lots, where suitable. Curbs and gutters may be required but curbing should only be required where natural drainage systems are impractical. The Village Engineer shall approve such improvements for design and specification.

Street signs. Street signs shall be placed consistent with Village standard street signs.

(6)

Street trees. Shade trees shall be provided along each side of all new streets. Shade trees shall also be massed at critical points along new streets, such as at focal points along a curve in the roadway. In locations where healthy and mature shade trees currently exist, the requirements for new trees may be waived or modified. Shade trees shall have a minimum caliper of 3 1/2 inches and/or a minimum height of 12 feet at the time of planting and an average spacing of 40 feet on center. Exact spacing shall be evaluated with the advice of the landscaper. The particular species of shade trees shall be determined based on location, considering soil types and other planting-related factors. No tree root ball shall be planted within the easement or right-of-way for underground electrical, telephone or cable lines.

[Amended 6-14-2006 by L.L. No. 3-2006]

(7)

Grading and clearing. Grading and clearing width shall be reduced to the minimum necessary, depending on roadway design.

[Amended 6-14-2006 by L.L. No. 3-2006]

Utilities. The Planning Board shall require all utilities to be placed underground and, wherever possible, require that they be placed in the street right-of-way between the paved roadway and the street line to simplify location and repair of lines when they require attention. The subdivider shall install underground service connectors to the property line of each lot within the subdivision for such required utilities before the street is paved. Placement of electric, telephone and cable lines shall conform to the requirements of the service providers. The service easement and line placement shall be indicated on the final plat.

[Amended 6-14-2006 by L.L. No. 3-2006]

Public utility easements. Where topography is such as to make impractical the inclusion of public utilities within the street right-of-way, perpetual unobstructed easements at least 20 feet in width shall be otherwise provided with satisfactory access to the street. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required.

[Amended 6-14-2006 by L.L. No. 3-2006]

Grades. Grades of all streets shall conform in general to the terrain and shall not be less than 1/2% nor more than 6% for residential collector streets, or 10% for residential local streets, but in no case more than 3% within 50 feet of any intersection.

Changes in grade. All changes in grade shall be connected by vertical curves of such length and radius as meet with the approval of the Village Engineer so that clear visibility shall be provided for a safe distance.

Curve radii at street intersections. All street right-of-way lines at intersections shall be rounded by curves with a radius of at least 30 feet.

Steep grades and curves; visibility at intersections. A combination of steep grades and curves shall be avoided. In order to provide visibility for traffic safety, that portion of any corner lot (whether at an intersection entirely within the subdivision or of a new street with an existing street) which is shown shaded on Sketch A shall be cleared of all growth (except isolated trees) and obstructions above the level 2 1/2 feet higher than the center line of the street. If directed, ground shall be excavated to achieve visibility.

Street A*	Distance to Left (DL) (feet)	Distance to Right (DR) (feet)
Broad Street and Chatham Street	360	230
Hudson Street, Albany Avenue, Eichybush Road and Best Road	320	205
Gaffney Lane and Sunset Avenue	280	180
All other streets	145	90

NOTES:
*	When the following conditions exist, the Village Engineer shall determine the appropriate clear distance to the edge of pavement (DL or DR):
	(1)	When Street A is curved and the intersecting street is on the inside of the curve.
	(2)	When the intersecting street is not 90º with Street A.
	(3)	When the grades on Street A and/or the intersecting street exceed 3%.

Dead-end streets and culs-de-sac. The Village of Kinderhook discourages the construction of cul-de-sac and dead-end streets. However, should the Planning Board deem a dead-end street or cul-de-sac street to be the best alternative street design, it shall have a cul-de-sac with a radius of 30 feet and a right-of-way radius of 50 feet. Culs-de-sac may be designed with a central island containing native trees and shrubs. The outside radius shall be 45 feet and the center island radius shall be 20 feet with a right-of-way radius of 65 feet.

[Amended 9-10-2003 by L.L. No. 2-2003; 6-14-2006 by L.L. No. 3-2006]

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, drainage channel or stream, there shall be provided a stormwater easement or drainage right-of-way as required by the Village Engineer, and in no case less than 20 feet in width.

Curve radii. In general, street lines within a block deflecting from each other at any one point by more than 10º shall be connected with a curve, the radius of which for the center line of street shall not be less than 200 feet on residential collector streets and 100 feet on residential local streets.

§ 110-15 Street names and numbers.

[Amended 6-14-2006 by L.L. No. 3-2006]

Review by the Columbia County 911 office. Prior to the submission of the final plat for minor subdivisions or the preliminary plat for major subdivisions, the developer shall contact the Columbia County 911 office to correlate lot numbers with address numbers. The proposed street name shall also be reviewed by Columbia County 911 to assure that street names do not duplicate street names in nearby municipalities. The final plat submission for minor subdivisions and the preliminary plan submission for major subdivisions shall include a letter from the Columbia County 911 office confirming this review and that street names and numbers are acceptable.

Type of name. All street names shown on a preliminary plat or subdivision plat shall be approved by the Planning Board and shall be selected from an approved list, if such list exists. In general, streets shall have names and not numbers or letters.

Generally, no street should change direction by more than 90° without a change in street name.

§ 110-16 Lots.

The lot arrangement shall be such that in constructing a building in compliance with Chapter 130, Zoning, there will be no foreseeable difficulties for reasons of topography or other natural conditions. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear.

Lot setback and area variations

Setback variation. A build-to line shall be set, to be within or equal to the maximum and minimum required. Eighty percent of all buildings shall conform to this set build-to line of the subdivision while 20% may vary from the line.

Lot width and area variation. Lot areas and lot widths in both conventional and conservation subdivisions shall vary at random to the greatest extent possible, in order to eliminate the appearance of a standardized subdivision.

Corner lots. In general, corner lots should be larger than interior lots to provide for proper building setback from each street and provide a desirable building site.

Driveway access. Driveway access and grades shall conform to driveway specifications available from the Village. Driveway grades between the street and the setback line shall not exceed 10%.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Access from private streets. Access from private streets shall be deemed acceptable only if such streets are designed and improved in accordance with this chapter.

Monuments and lot corner markers. Permanent monuments meeting specifications approved by the Village Engineer as to size, type and installation shall be set at such block corners, angle points, points of curves in streets and other points as the Village Engineer may require, and their location shall be shown on the subdivision plat.

§ 110-17 Drainage improvements.

Subdivisions shall be designed to minimize off-site stormwater runoff by minimizing grading, cutting and filling; retaining existing vegetation; using gently sloped vegetated swales. Other nonstructural or structural measures, including retention or detention basins and other erosion control measures may be required. The objective of such measures shall be to maintain or improve predevelopment conditions and to minimize erosion and control sedimentation. Stormwater management ponds or basins may be included as part of the minimum required open space.

Removal of 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 right-of-way where feasible or in perpetual unobstructed easements of appropriate width.

Drainage structure to accommodate potential development upstream. A culvert or other drainage facility shall, in each case, be large enough 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 facility based on anticipated runoff from a ten-year storm under conditions of total potential development permitted by Chapter 30, Zoning, in the watershed.

Responsibility for drainage downstream. The subdivider's engineer shall also study the effect of each subdivision 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 during a five-year storm, the Planning Board shall notify the Village Board of Trustees of such potential condition. In such case, the Planning Board shall not approve the subdivision until provision has been made for the improvement of said condition.

Land subject to flooding. Lands within the 100-year floodplain shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate the flood hazard, but such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or improved in a manner satisfactory to the Planning Board to remedy said hazardous conditions. Lands within the 100-year floodplain may be included as part of the open space.

§ 110-18 Parks, open spaces and natural features.

Reserve strips prohibited. Reserve strips of land, which might be used to control access from the proposed subdivision to any neighboring property or to any land within the subdivision itself, shall be prohibited.

Preservation of natural features. The Planning Board shall, wherever possible, establish the preservation of all natural features, such as large trees or groves, watercourses and falls, beaches, historic spots, vistas and similar irreplaceable assets. The Village of Kinderhook encourages the use of conservation subdivision to preserve natural features.

Recreation areas shown on Village Plan. Where a proposed park, playground or open space shown on the Village Plan is located in whole or in part in a subdivision, the Board shall require that such area or areas be shown on the plat, in accordance with the requirements specified in Subsection D below. Such area or areas may be dedicated to the Village by the subdivider if the Village Board approves such dedication.

Parks and playgrounds not shown on Village Plan.

The Planning Board shall require that the plat show sites of a character, extent and location suitable for the development of a park, playground or other recreation purpose. The Planning Board may require that the developer satisfactorily grade any such recreation areas shown on the plat.

The Planning Board shall require that not less than three acres of recreation space be provided per 100 dwelling units shown on the plat. However, in no case shall the amount be more than 10% of the total area of the subdivision. Subdivisions of fewer than 100 dwelling units will be prorated on a per lot basis for the recreation space. Such area or areas may be dedicated to the Village by the subdivider if the Village Board approves such dedication.

Information to be submitted. In the event that an area to be used for a park or playground is required to be so shown, the subdivider shall submit, prior to final approval, to the Planning Board three prints showing, at a scale of not less than 30 feet to the inch, such area and the following features thereof:

The boundaries of the said area, giving lengths and bearings of all straight lines, and radii, lengths, central angles and tangent distances of all curves.

Existing features, such as brooks, ponds, clusters of trees, rock outcrops and structures.

Existing and, if applicable, proposed changes in grade and contours of the said area and of the area immediately adjacent.

Waiver of plat designation of area for parks and playgrounds; fee in lieu of parklands.

In cases where the Planning Board finds that, due to the size, topography or location of the major or minor subdivision, land for park, playground or other recreation purpose cannot be properly located therein, or if in the opinion of the Board it is not desirable, the Board may waive the requirement that the plat show land for such purposes. The Board shall then require as a condition to approval of the plat a payment to the Village per lot as set from time to time by resolution of the Village Board of Trustees.

[Amended 9-10-2003 by L.L. No. 2-2003]

Such amount shall be paid to the Village Board at the time of final plat approval, and no plat shall be signed by the authorized officer of the Planning Board until such payment is made. All such payments shall be held by the Village Board in a special Village Recreation Site Acquisition and Improvement Fund, to be used for the acquisition of land that is suitable for permanent park, playground or other recreational purposes and is so located that it will serve primarily the Village in which the land covered by the plat lies, and to be used only for park, playground or other recreational land acquisition or improvement. Such money may also be used for the physical improvement of existing parks or recreation areas serving the Village in which the land shown on the plat is situated, provided that the Village Board finds there is need for such improvements.

§ 110-19 Special conservation subdivision standards.

Setbacks. Appropriate minimum setbacks in a conservation subdivision shall depend upon the lot sizes, the type of road frontage and the character of the subdivision. Accordingly, setback requirements shall be established at the time of plat approval and shall be shown in a chart on the plat.

Open space criteria in conservation subdivision. The minimum percentage of land that shall be designated as permanent open space, not to be further subdivided, and protected as stated below:

A minimum of 50% of the land suitable for building.

All undivided open space and any lot capable of further subdivision shall be restricted from further subdivision by an appropriate designation on the approved plat and, in addition, through one of the following recorded instruments:

(a)

A conservation easement (which is the preferred instrument), in a form acceptable to the Village and recorded at the County Clerk's office. Refer to § 110-2 of this chapter for the definition of "conservation easement."

(b)

A declaration of covenants or deed restriction, in a form acceptable to the Village and recorded in the County Clerk's office, where a conservation easement has been shown not to be practicable.

The conservation easement, declaration of covenants or deed restriction shall restrict development of the open space and allow the use of such space only for agriculture, forestry, recreation or similar purposes. The Planning Board, with the advice of the Village Attorney, shall approve the form and content of any easement, declaration or restriction. The filing of an approved easement, declaration or restriction shall be made a condition of final plat approval.

The required open space may be used, without restriction, for underground drainage fields or for individual or community septic systems.

Stormwater management ponds or basins may be included as part of the minimum required open space, as may land within the rights-of-way for underground pipelines. However, land within the rights-of-way of high-tension power lines shall not be included as comprising part of the minimum required open space.

Location of open space and lot layout. Other characteristics of qualifying open space are detailed below. Preserved open space may be included as a portion of one or more large lots in single ownership or may be on a separate open space lot. The preserved open space shall not include the area within a building envelope.

The protected open space must have historic, ecological, agricultural, water resource, scenic or other natural resource value such as floodplains and wetlands. Examples of lands with conservation value include view corridors along scenic roads, agricultural land, ridgelines and hillsides visible from public areas. High-quality agricultural land containing prime soils, even if suitable for development, shall be considered land of conservation value.

To the extent practicable, open space shall be directly accessible or viewable from as many homesites as possible within a conservation subdivision.

Access roads, local utility distribution lines, trails, temporary structures for outdoor recreation and agricultural structures shall be permitted on land devoted to open space provided they do not impair the conservation value of the open space land.

Evaluation criteria. Diversity and originality in lot layout shall be encouraged to achieve the best possible relationship between development and conservation. Lot layout shall also be in such a manner so as to promote traditional residential streets and streetscapes and to facilitate connection to existing streets. The Planning Board shall evaluate proposals to determine whether the proposed layout:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Protects all floodplains, wetlands and steep slopes from clearing, grading, filling or construction (except as may be approved by the Village for essential infrastructure or active or passive recreational amenities).

Preserves and maintains mature woodlands, existing fields, pastures, meadows and orchards, and creates sufficient buffer areas to minimize conflicts between residential and agricultural uses to the extent possible.

Sites dwellings on the least prime agricultural soils.

Maintains or creates a buffer of natural vegetation of at least 100 feet in depth adjacent to wetlands and surface waters, including creeks, streams, springs and ponds.

Designs around existing hedgerows and tree lines between fields or meadows and minimizes impacts on large woodlands greater than five acres.

(6)

Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen from public thoroughfares. A deep no-build, no-plant buffer is recommended along the road where those views or vistas are prominent or locally significant.

(7)

Protects wildlife habitat areas of species listed as endangered, threatened or of special concern by the New York State Department of Environmental Conservation.

(8)

Designs around and preserves sites of historic, archeological or cultural value insofar as needed to safeguard the character of the feature.

(9)

Protects Village streetscape character and improves public safety and pedestrian networks through use of sidewalks and street trees. Landscapes common areas and both sides of new streets with native species of shade trees, located every 40 feet.

(10)

Provides open space that is reasonably contiguous.

(11)

Minimizes Village infrastructure.

Ownership of open space. Open space land may be held in any form of ownership that protects its conservation values such as owned in common by a homeowners' association (HOA), dedicated to Village, county or state governments, transferred to a nonprofit organization, held in private ownership or held in any other form of ownership. Any development permitted in connection with the setting aside of open space land shall not compromise the conservation or agricultural value of such open space land.

If the open space is to be owned by a HOA, the HOA must be incorporated before the final subdivision plat is approved.

The open space restrictions must be in perpetuity.

If land is held in common ownership by a HOA, the ownership shall be arranged in a manner that real property tax claims may be satisfied against the open space lands by proceeding against individual owners and the residences they own. The HOA must be responsible for liability insurance, local taxes and the maintenance of the conserved land areas. The HOA shall have the power to adjust assessments to meet changing needs.

The Planning Board shall find that the HOA documents satisfy the conditions above.