A subdivider who proposes to develop a subdivision in the Town
of Rhinebeck shall observe all general requirements for land subdivision
as herein provided.
A.
Character of land. Land to be subdivided shall be of such character
that, in the opinion of the Planning Board, it can be used safely
for building purposes without danger to health or peril from fire,
flood or other menace and with a minimum of detrimental effects on
the environment.
B.
Preservation of existing features. The Planning Board may require,
in subdivision design and through the subsequent dedication of conservation
easements, the preservation of natural and cultural features which
add value to residential developments and to the community, such as
active farmland, large trees or forested areas, water resources, beaches,
historic structures and features, scenic views, ridgelines, steep
slopes, rock outcrops, stone walls, hedgerows, biodiversity and wildlife
habitats, and similar irreplaceable assets.
C.
Conformance with Zoning Law and Comprehensive Plan. Subdivision plats
and improvements provided shall conform to the Zoning Law[1] and Freshwater Wetlands Law[2] of the Town of Rhinebeck and shall be in harmony with
the Town Comprehensive Plan, including the Significant Habitats Report
and the Open Space and Affordable Housing Implementation Plan, the
Dutchess County Plan: Directions, and the Greenway Compact Program
Guidelines: Greenway Connections. In addition, as an extension of
the Town Comprehensive Plan, the subdivision plat shall be consistent
with the intent, purposes and objectives of the environmental and
cultural protection programs which may be applicable to the proposed
subdivision location. These programs include the Town's Local
Waterfront Revitalization Program,[3] the Mid-Hudson Historic Shorelands Scenic District Management
Plan, scenic roads (including the Hudson Valley Scenic Roads Masterplan)
and scenic byways programs, scenic areas of statewide significance,
National Historic Landmark District, National and State Registers
of Historic Places sites and districts and any locally or state-designated
critical environmental areas (CEAs).
D.
Minimum dimensional standards. No lot in a conventional subdivision
shall have less than the minimum lot area and minimum lot dimension
required by the Zoning Law for the district in which it is located,
unless otherwise provided in the Zoning Law.[4] No lot in a conservation subdivision shall have less than the minimum dimensional standards and minimum open space required by Article V, § 125-43, of the Zoning Law for the district in which it is located. The Planning Board may impose higher planning and design standards than otherwise provided for lots in a conventional subdivision, including yield subdivision plans prepared for the purposes of determining density in conservation subdivisions, when there exists good reason in the nature of the land, including but not limited to topography, location, shape, size, drainage, surface water and groundwater resources, and other physical features of the site as well as the character of the surrounding community.
E.
Plats with access through other municipalities. Whenever access to
a subdivision is by crossing land in another municipality, the Planning
Board may require assurance from said municipality that such access
is adequately improved or that a legally adequate performance guarantee
has been duly posted and is sufficient in amount to assure the construction
of the necessary road or roads.
F.
Resubdivision. Resubdivision of all or part of land covered by an
existing plat which has been laid out prior to the compulsory subdivision
plat review, approval and filing shall comply with these regulations
as now required.
G.
Preservation of topsoil. No topsoil shall be removed from any subdivision
in the Town, except that in areas over which heavy equipment will
be operated, the topsoil shall be stripped and stockpiled on the property.
When final grades have been established and construction activities
have been completed, the entire property shall be suitably graded
and, to the extent practicable, recovered with topsoil, except that
portion of the site covered by buildings or included in the roads.
H.
Watercourses. Where a watercourse separates a proposed street from
an abutting property, provision shall be made for access to all lots
by culverts, bridges or other permanent structures, provided such
structures minimize adverse impacts on water resources. Such structures
shall be designed to accommodate access by construction, emergency,
fuel and other large vehicles and should have an unobstructed width
of 12 feet and the ability to support 65,000 pounds. Where a subdivision
is traversed by a watercourse, drainageway, channel, or stream, there
shall be provided a stormwater easement or drainage right-of-way,
not less than 30 feet in width. All such structures and rights-of-way
shall be of design and specification approved by the designated Town
Engineer and the Town Highway Superintendent, in consultation with
the Town's Conservation Advisory Council.
I.
Floodplains. If any portion of the land within the subdivision is
subject to periodic inundation or flood hazard caused by stormwater,
this portion shall be clearly indicated on any submissions required
by these regulations. In cases of doubt, the Planning Board may require
the submission of a flood hazard study delineating the limits of the
one-hundred-year floodplain. Such study shall be conducted by the
applicant's licensed professional engineer.
(1)
Land subject to flooding, and land deemed by the Planning Board
to be otherwise uninhabitable, shall not be platted for residential
or commercial occupancy or for any such other use that may increase
danger to life, health, or property or aggravate the flood hazard.
(2)
Any subdivision, including all proposed improvements and construction,
shall comply with all further applicable provisions of the National
Flood Insurance Act of 1968, including all amendments thereto, with
the Town of Rhinebeck Flood Damage Prevention Law,[5] and with the Town of Rhinebeck Flood Fringe Overlay District regulations found at Article V, § 125-41, of the Zoning Law. In the event of a conflict, the more stringent regulation shall apply.
The subdivider shall additionally conform to all subdivision design standards as herein provided. These standards shall be considered minimum standards and shall be modified, or waived, by the Planning Board only as provided for in Article X of these regulations. In addition to the design standards, Appendix B of these Subdivision Regulations contains illustrated subdivision and house siting design guidelines to be consulted for the design and siting of all uses in all zoning districts.[1]
A.
Lots.
(1)
Lots to be buildable. The lot arrangement shall be such that
construction of a building and related improvements is in compliance
with the Zoning Law[2] and there will be no foreseeable prohibitions to development
based upon soils, topography or other natural conditions, including
the presence of wetlands or floodplain areas.
(2)
Corner lots. Corner lots shall be of sufficient dimensions so
that any structure placed thereon shall conform to the building setback
line on both streets, as well as side yard requirements, for the zoning
district in which the lot is located.
(3)
Minimum lot size. Except as provided by Article VIII of these regulations for conservation subdivisions, each lot shall be no smaller than the minimum lot area, lot frontage and lot width required by the Zoning Law[3] for the district in which it is located, including the
provision that no less than three-fourths (75%) of the minimum lot
area within any zoning district must be fulfilled by land which is
outside any regulated wetland, water body, or a FEMA-designated one-hundred-year
floodplain.
(4)
Driveway grade and design. Driveway grades between the street
pavement and the required building setback line shall not exceed 10%,
with suitable negative grade provided within 20 feet of the intersecting
street pavement. The remainder of the driveway shall be designed and
built to afford suitable access to the building site in accordance
with the provisions of the New York State Uniform Fire Prevention
and Building Code, with any design guidelines or standards which may
be adopted by the Town Board, and to prevent adverse impacts from
either stormwater drainage or erosion on the public street or roadway.
(5)
Access from public streets.
(a)
The subdividing of land shall be such as to provide each lot
with satisfactory access for routine and emergency purposes from the
community's system of streets. This access may be provided either
directly or, in the case of an approved conservation subdivision or
conservation density subdivision, by suitably improved and maintained
private streets, which the Planning Board is authorized to approve.
(b)
A lot with frontage of less than 300 feet fronting on a county
or state highway shall be designed so as to share a common curb cut
with any adjacent lot, if either adjacent lot has not been previously
granted a curb cut permit. When more than three lots are proposed
to be subdivided from a parcel with frontage on a county or state
highway, frontage for all such lots shall be on an internal street,
not on the county or state highway. Each lot permitted to front on
a county or state highway shall provide for an improved on-site turnaround
so as to obviate the necessity of any vehicle backing onto such highways.
Similar provision for on-site turnarounds on Town highways shall be
encouraged. Any such common curb cut and/or common driveway shall
be subject to reciprocal easements and suitable maintenance agreements,
which shall be reviewed and approved by the Planning Board and filed
in the County Clerk's office.
(6)
Access from private streets. Access from privately owned and maintained streets, as may be specifically authorized in accordance with § 280-a of Town Law, shall be deemed acceptable only if such streets are designed and improved in accordance with Article V, § 101-5.2B, of these regulations, and means satisfactory to the Planning Board are provided for the long-term ownership and maintenance of said privately owned and maintained streets.
B.
Streets.
(1)
General objectives. Streets shall be of sufficient width for
their intended purposes, suitably located, and adequately constructed
to accommodate the prospective traffic, both vehicular and pedestrian,
and normal road maintenance equipment. The arrangement of streets
shall be coordinated such that they compose a convenient system, cause
no undue hardship to adjoining properties, are consistent with and
avoid or minimize adverse impacts upon any adopted critical environmental
area (CEA) designations under SEQR, and render no property inaccessible
from an existing street or from a proposed street in a subdivision
for which a completion bond or similar performance guarantee has been
posted.
(2)
Relation to topography. Streets shall be logically related and
conform insofar as possible to the original topography. They shall
be arranged so as to obtain as many as possible of the building sites
at or above the grades of the streets. A combination of steep grades
and sharp curves shall be avoided.
(3)
Arrangement of streets. To the extent practicable, the arrangement
of streets in the subdivision shall provide for the continuation of
principal streets of adjoining subdivisions, and for proper projection
of principal streets into adjoining properties which are not yet subdivided,
by use of stub streets, in order to make possible necessary fire protection,
movement of traffic and pedestrians and the construction or extension,
presently or when later required, of needed utilities and services.
Any stub street or other intended through street shall be provided
with a temporary turnaround with a pavement radius of at least 40
feet. A note on the subdivision plat shall state that the land included
within the turnaround which is outside the normal street right-of-way
shall revert to abutters upon continuation of the stub street and
shall be regraded and seeded.
(4)
Street connections. Subdivisions containing 12 or more lots
shall have at least two connections with existing public streets,
with streets shown on the Town's Official Map as may be developed
in accordance with § 270 of the Town Law, or streets shown
on an approved subdivision plat for which a performance bond or similar
performance guarantee has been posted.
(5)
Cul-de-sac streets. Cul-de-sac streets shall not be created
to provide access to residential lots except in situations where,
in the view of the Planning Board, a through street cannot reasonably
be provided due to the physical characteristics of the subdivision
parcel and adjoining properties. Where a cul-de-sac street is authorized,
either as a permanent dead-end street or as a temporary dead-end street
pending completion of the through road network, not more than 12 single-family
residential lots may gain access from such cul-de-sac street.
(a)
A cul-de-sac street shall be restricted to a maximum grade of
7% and to a length of 2,000 feet in the HP20 Zoning District, 1,500
feet in the RA10 Zoning District, and 1,000 feet in the other zoning
districts.
(b)
A turnaround with a right-of-way radius of at least 60 feet
and a pavement radius of at least 40 feet, with an island in the center,
shall be provided at the end of any cul-de-sac or permanent dead-end
street as illustrated in the graphic.[4] The cul-de-sac street shall otherwise be governed by all
stated requirements of the Town's highway specifications.
(6)
Private streets. The Planning Board may approve paved or unpaved
private roads to provide access to lots in conservation subdivisions
and conservation density subdivisions, provided that the Planning
Board finds that the proposed subdivision will protect the rural,
scenic and natural character of the Town. The private road requirements
are as follows:
(a)
The maximum number of lots gaining access through any portion
of a private road shall be 10.
(b)
Written approval from the Town Engineer shall be secured before
approval of any private road. The Town Superintendent of Highways
shall approve the intersection of the private road with any Town road.
Any required permit for the intersection of a private road with a
state or county highway shall be the sole responsibility of the applicant.
(c)
A homeowners' association (HOA) must be created to own
and provide for the perpetual care and maintenance of the private
road. The Planning Board shall have discretion to determine whether
a performance bond must be posted by the applicant to ensure the proper
completion of the private road and, if so, how much the performance
bond shall be and what form it shall take.
(d)
Such HOA must have the power to assess the subdivision lot owners
for their share of the maintenance costs of the private road. The
HOA shall ensure that the road will always be maintained and kept
open to permit emergency vehicle access.
(e)
In the event the HOA does not ensure that the road is properly
maintained, the Town of Rhinebeck may assume maintenance responsibilities
and charge the HOA for all reasonable costs thereof. Such costs, if
unpaid for more than 60 days, shall, along with attorneys' fees
for their collection, become a lien on the property and enforceable
in the same manner as a property tax lien.
(f)
The private road can only be offered for dedication to the Town
of Rhinebeck if it conforms to the Town highway specifications in
effect on the date of the offer of dedication. However, the Town Board
shall be under no obligation to accept such an offer of dedication,
even if the road conforms to Town highway specifications. In the event
such dedication becomes necessary to ensure public safety, the cost
of bringing the road up to Town highway specifications shall be fully
borne by the HOA.
(g)
The subdivision plat shall show the road clearly labeled "private
road."
(h)
Road design shall comply with the standards for private roads
in these Subdivision Regulations.
(i)
When a private road is approved, the subdivider shall establish
a road maintenance endowment fund, of a sum to be specified by the
Planning Board, to ensure the proper long-term maintenance of the
road(s). This fund shall be administered by the HOA, with the Town
Board named as a third-party enforcing agent, and shall be used for
road reconstruction and its supporting engineering review and inspection.
The Planning Board shall devise a maintenance schedule prior to approval,
and this schedule shall be incorporated into the documents creating
the fund.
(j)
The Planning Board may waive the requirement of a private road
maintained by a HOA if it finds, after consulting with the attorney
for the Planning Board or the Town Attorney, that a common drive providing
access to a maximum of four dwelling units, maintained pursuant to
a recorded maintenance agreement, executed by the applicant as a condition
of subdivision approval, will provide the same protections to lot
owners and the Town as would a private road owned by an HOA. Issuance
of a "no action" letter from the New York State Attorney General's
Office shall be a condition of such waiver.
(7)
Common driveways. Common driveways will be permitted in the
Town of Rhinebeck in accordance with the following specifications,
in addition to any design guidelines or standards which may be adopted
by the Town Board. The common driveway is defined as that portion
of the driveway that provides access to two or more individual parcels.
The common driveway becomes a private access at the point at which
it provides access to one parcel. A plan and profile for the common
driveway shall be prepared by a licensed professional engineer and
submitted for approval by the Planning Board.
(a)
Number of lots. A maximum of four lots can be served by one
common driveway.
(b)
Length. The common portion of the driveway shall not exceed
1,200 feet in length. The individual private extensions leading from
the common driveway are not restricted by this section.
(c)
Design. Common driveways shall be designed and built in accordance
with the approved subdivision plan to allow for the passage of all
vehicles expected to use the driveway year round.
(d)
The traveled way shall be a minimum width of 12 feet with two-foot
shoulders on each side.
(e)
Maximum grade shall be 12% and minimum grade shall be 0.5%.
Grades at intersecting roadways shall not exceed 3% for the first
30 feet from the sidelines of the intersecting edge of pavement.
(f)
The driveway may be gravel or paved. A minimum gravel base of
12 inches, with no aggregate larger than six inches, shall be required.
An additional two-inch wearing surface shall be dense, graded, crushed
stone for all common driveways.
(g)
The driveway shall be paved 15 feet from the edge of existing
pavement or to the property line, whichever distance is lesser, unless
other specifications are approved by the Planning Board.
(h)
Culverts or water crossings shall comply with the Town highway
specifications.
(i)
Common driveway identification. A permanent marker, meeting
the specifications of the Planning Board and the Dutchess County 911
addressing system, shall be placed at the end of the driveway where
it meets the street. The marker shall show all 911 locations and street
numbers. Should the common driveway split, permanent markers shall
also be placed at the intersections indicating which homes are located
on either side of the split. Lettering shall have a minimum size of
four inches and shall be painted black or another contrasting color
or shall be permanently etched in the marker.
(j)
Bond. The common driveway shall meet the Subdivision Regulations'
bonding requirements.
(k)
(l)
Building permits and certificates of occupancy. The common driveway
shall be complete up to a point 15 feet beyond the common access point,
between the dwelling and the Town road, including drainage, crushed
gravel and grading, and all identification markers shall be installed
prior to the issuance of a building permit.
(8)
Minimum design standards.
(a)
Streets and related improvements shall be designed to reflect
the rural, scenic and agricultural character of the Town of Rhinebeck.
Where approval is sought for a subdivision on land of a rural, scenic,
environmentally sensitive or agricultural nature, the Planning Board
is empowered to and may, in consultation with the Town Highway Superintendent
and designated Town Engineer, waive strict compliance with the requirements
of the Town Street and Highway Specifications in order to allow roads
more in keeping with the character of the rural landscape. In such
cases, the Board will consider the following factors before approving
a deviation from the Town Street and Highway Specifications requirements:
[1]
Zoning district and density of land use.
[2]
Number of lots and probable traffic volume generated by the
proposed subdivision.
[3]
Projected future development likely to use the road.
[4]
Other public uses of the road (e.g., farm or recreational access).
[5]
Road length.
[6]
Design of the road and of the development with respect to preservation
of open space, scenic resources, and other conservation measures.
(b)
The following design guidelines and standards shall apply to
rural roads:
|
Residential Collector
|
Residential and Farm Access
|
Private Road
|
Cul-de-Sac
| ||
|---|---|---|---|---|---|
|
Right-of-way width (feet)
|
50*
|
50*
|
50*
|
50*
| |
|
Pavement width (feet) (minimum-maximum)
|
18 - 22
|
16 - 18
|
12 - 16
|
12 - 16
| |
|
Shoulder width (feet) (minimum-maximum)
|
3 - 6 on 2 sides
|
1 - 2 on 2 sides
|
1 - 2 on 2 sides
|
1 - 2 on 2 sides
| |
|
Grade (percent) (minimum-maximum)
|
1% - 10%
|
1% - 10%
|
1% - 10%
|
1% - 10%
| |
|
Curb radii (feet) (minimum-maximum)
|
5 - 10
|
5 - 10
|
5 - 10
|
5 - 10
| |
|
Minimum tangent length between reverse curves (feet)
|
100
|
100
|
50
|
50
| |
|
Maximum grades within 150 feet of center-line intersections
(%)
|
1.5
|
1.5
|
1.5
|
1.5
| |
|
Minimum distance between center line offsets at street jogs
(feet)
|
300
|
125
|
125
|
125
| |
|
Angle at intersections of street center lines (degrees)
|
90
|
90
|
90
|
90
|
|
Notes:
| ||
|---|---|---|
|
*
|
A 50-foot right-of-way is required by State Highway Law, but
grading and clearing within the right-of-way should be reduced to
the minimum necessary.
| |
|
Note: Standards are not given for arterial streets, as they
would in all probability be built by the state or county.
| ||
|
(c)
Residential collector road. A residential collector road collects
traffic from residential areas and channels it to larger roads, such
as county and state highways. These roads are designed for a speed
of 30 miles per hour to 35 miles per hour. It is well-traveled and
accommodates a variety of vehicles, including large delivery trucks,
school buses, pick-up trucks, vans, and cars. Average annual daily
traffic (AADT) ranges from 50 trips to 400 trips. Bicycle lanes and
sidewalks or trails are separated from the road by at least a six-foot
grassy aisle.
|
(d)
Residential and farm access road. A residential and farm access
road provides access to farms and residential areas and is primarily
traveled by cars, small trucks, and farm vehicles and is shared with
pedestrians and bicyclists. AADT is generally 50 trips to 200 trips.
These roads are designed for a speed of 25 miles per hour to 30 miles
per hour. Traffic on this road is fairly light, but it may include
occasional school buses and large trucks, such as milk trucks and
farm equipment.
|
(e)
Private road. A private road, which may be unpaved, serves a
limited number of single-family residences or a recreational area.
Pedestrians and bicyclists share the road with vehicles. Private roads
are designed for a speed of 15 miles per hour to 25 miles per hour.
Private roads are maintained by homeowners' associations or through
common use and maintenance agreements, approved by the Planning Board
and Town Attorney.
 |
C.
Bicycle paths and sidewalks. The Planning Board shall consider the
design of bicycle paths in the subdivision, and if required, such
paths shall be designed to maximize the safety of path users, shall
be a minimum width of six feet, should be constructed of bituminous
concrete over a gravel foundation, and shall be constructed as necessary
to connect the proposed subdivision with the Town's network of
trails and bicycle paths. The Planning Board shall consider the design
of sidewalks in the subdivision, and if deemed appropriate and required
by the Planning Board, such sidewalks shall be a minimum width of
five feet, shall be constructed of concrete to ADA standards and shall
connect the proposed subdivision with the Town's network of trails
and bicycle paths. Shared paths accommodating both bicyclists and
pedestrians are also desirable as illustrated below.
|
D.
Parks and public open space. Adequate lands for parks and other public
open space purposes shall be provided in any subdivision of land for
residential purposes throughout the Town of Rhinebeck.
(1)
Amount of land dedicated. In general, the Planning Board shall
require that 10% of the total land area within the subdivision be
set aside and shown on the plat for park and public open space purposes,
including trails and other linkages between neighborhoods. All lands
designated on the plat as park or public open space must be deemed
suitable for this purpose by the Planning Board based upon overall
consistency with the Town Comprehensive 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 public 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
and/or professional engineer on the plat prior to final plat approval
and subsequent recording of the plat in the Office of the Dutchess
County Clerk.
(2)
Information to be submitted. In the event that an area to be
used for park or public open space is required to be shown, the subdivider
shall submit, prior to final plat approval, to the Clerk of the Planning
Board, drawings of such area at a scale of not less than 20 feet to
the inch and showing the following features thereof:
(a)
The boundaries of the area, giving lengths and bearings of all
straight lines; and radii, lengths, central angles and tangent distances
of all curves.
(b)
Existing features such as streams, ponds, clusters of trees,
rock outcrops and structures, existing and proposed.
(c)
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.
(d)
Plans for improvements of said area, not limited to grading,
seeding, fencing, landscaping, the provision of play and related equipment,
and addressing conditions relating to the protection of the public
health and safety.
(3)
Payment in lieu of dedication. 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 requirements for land dedication or reservation
for parks and other public open space, the Planning Board shall alternatively
require, under § 277 of the Town Law, that a payment be
made into a special fund for Town recreation site acquisition and/or
improvement in lieu of such land dedication or reservation within
the subdivision. Such payment shall be a condition of approval of
the final plat and shall be assessed on a per-lot or per-dwelling-unit
basis in accordance with the Subdivision Fee Schedule established
and annually reviewed by the Town Board upon recommendation of the
Planning Board. Such fee shall be imposed only after the Planning
Board has made a finding that a proper case exists for requiring that
park or recreational facilities are needed by the subdivision's
residents for recreational purposes. The Planning Board, in making
such findings, shall evaluate present and anticipated future needs
for park and recreational facilities, based upon the cumulative demands
of all recently approved and pending subdivision applications on Town
recreational facilities and the resulting need to expand recreational
facilities in the near future as a result of the proposed subdivision
and other subdivisions and may rely on the projections and other analysis
of need in the Recreational Needs Assessment for the Rhinebeck Community
dated September 12, 2006, as updated from time to time. This fee shall
not apply to any proposed lot presently developed with a residential
structure and legally occupied within the past 12 months for residential
purposes. No final plat shall be signed by the Chair of the Planning
Board until such payment has been received by the Town Clerk and receipt
therefor provided to the Clerk of the Planning Board.
E.
Public improvements and utilities.
(1)
Placement. Underground improvements required by the Planning Board in accordance with Article V, § 101-5.1, and public franchise utilities shall be placed in the street right-of-way between the street paving and the right-of-way line. Where topography makes such placement impracticable, perpetual unobstructed easements at least 20 feet in width shall be provided for along lot frontages abutting the street lines, with satisfactory access to the street. Wherever possible, easements shall be continuous from block to block and their layout shall be as regular as possible. Subject to the discretion of the Town Board, an underground public improvement or utility operated for revenue by the Town or by a special district may be installed by the Town in a private street, provided a public easement of satisfactory size is obtained for such improvement or utility. Before the street is paved, the subdivider shall install underground service connections for all required improvements and utilities to the property line of each lot within the subdivision.
(2)
Service connections.
(a)
Water. Where an appropriate community water main already exists
and is physically and legally accessible, the subdivider may connect
into said main and provide a water connection for each lot in accordance
with Article 12 of the Town Law, the Public Health Law, and other
applicable laws, rules and regulations. Where an appropriate water
main does not exist or is not accessible, the subdivider shall install
at his or her own expense such main, together with all necessary valves,
cutoffs, fire hydrants, pumps, storage tanks, meters and other equipment
necessary to make such water system conform to the standards of the
Town.
(b)
Sewage disposal. Where an appropriate community sanitary sewer
system is reasonably accessible physically and legally, the subdivider
shall install at his or her expense the necessary connections into
the system and provide a sewer connection for each lot. The Planning
Board may require shared or community sanitary sewage disposal systems
for conservation subdivisions, where single-family attached dwellings
or small hamlet-sized lots are proposed. Shared or community sanitary
sewage disposal systems are encouraged for all other conservation
subdivisions except for large farm or conservancy lots.
(c)
Stormwater management system. The subdivider shall install all
necessary stormwater management facilities at his or her expense,
in accordance with the standards of the Town and of all authorities
having jurisdiction. Where an appropriate stormwater management system
is reasonably accessible, the subdivider shall make proper connection
thereto.
[1]
Otherwise, the subdivider shall provide means and methods for
stormwater management satisfactory to the Planning Board and all other
utilities having jurisdiction. In either event, the stormwater management
facilities provided shall be fully consistent with the stormwater
management design standards which may be promulgated and from time
to time reviewed and modified by the Planning Board and the State
of New York. The stormwater management system shall be large enough
to accommodate potential runoff from the entire upstream drainage
area, whether inside or outside of the subdivision. The designated
Town Engineer shall approve the design and size of facilities based
on anticipated runoff from at least the twenty-five-year storm under
conditions of total potential development permitted by the Zoning
Law[6] in the watershed. The cost of a culvert or other drainage
facility in excess of that required for the particular subdivision
may be deemed to be the responsibility of the Town, or may be pro
rated among the upstream property owners.
[2]
The subdivider's engineer shall also study and report on
the effect of each subdivision on the existing downstream drainage
system outside the area of the subdivision; and this report shall
be reviewed by the designated Town Engineer. When it is anticipated
that the additional runoff incident to the development of the subdivision
will overload an existing downstream drainage facility during a twenty-five-year
storm, the Planning Board shall notify the Town Board of such potential
condition. In such case, the Planning Board shall not approve the
plat until provision has been made for the improvement of said condition.
F.
Realignment or widening of existing streets. Where the subdivision
borders an existing street proposed for realignment or widening, the
Planning Board may require that land be reserved on the subdivision
plat to permit the proposed improvement to be carried out. Similarly,
the Planning Board shall require in its review of any subdivision
plat abutting a user/roadway, as defined under § 189 of
the Highway Law, the reservation of 24 3/4 feet from the center
line of such user roadway for highway purposes and recommend Town
Board acceptance of such land when offered for dedication by the subdivider.
G.
Pedestrian and bicycle ways.
(1)
Adequate provision shall be made for convenient and safe movement
of pedestrians and bicyclists in any subdivision of land for residential
purposes throughout the Town of Rhinebeck. All streets designated
as collector roads shall have an improved pedestrian path, sidewalk,
bikeway or bike path provided on at least one side of the street.
Any such sidewalk or pedestrian path shall be so placed that there
will be a distance of not less than six feet between the sidewalk
and the street pavement. A bikeway, or combined bicyclist/pedestrian
path, not less than six feet in width, may be alternatively situated
adjacent to the street pavement and be visually separated therefrom
by striping on both its inner and outer edges.
(2)
To the extent considered practicable by the Planning Board,
and in consideration of public health, safety and general welfare,
the Planning Board may require that additional or alternatively located
pedestrian and bicycle ways be provided within a residential subdivision
to provide access to parks or public spaces, school sites, neighborhood
shopping facilities, or similar destinations. Any such pedestrian
or bicycle way may be situated within either a public right-of-way
or established within a suitable easement.
H.
Private water supply and sewage disposal facilities.
(1)
Where community water supply and/or sewage disposal facilities
are not available, the Planning Board shall ascertain as a part of
subdivision plat review and approval that each prospective lot and
dwelling unit may be adequately served by acceptable water supply
and sewage disposal facilities, including shared or community septic
disposal facilities, and ensure that all such on-site water supply
and sewage disposal facilities shall be designed and installed in
accordance with the requirements of the Dutchess County Health Department.
(2)
To the extent authorized by the Public Health Law and the Dutchess County Health Department, the Planning Board may, in accordance with Article X of these regulations, waive this requirement for proposed lots in excess of five acres and instead accept a note on the plat advising of applicable Health Department permit requirements which must be met prior to the issuance of a building permit by the Town of Rhinebeck. No waiver shall be granted unless an examination of soil conditions and percolation and deep tests have been conducted by a licensed professional engineer and written certification is provided to the Planning Board that an on-site system(s), complemented by an appropriate water supply system, can be designed to serve not less than a three bedroom dwelling in accordance with Dutchess County Health Department requirements and design standards.
I.
Street trees. Trees shall be planted on both sides of a newly installed
street, in locations approved by the Planning Board, except where
unnecessary due to the presence of significant, preservable existing
vegetation, which shall be identified on the subdivision plat. Street
trees shall generally:
(1)
Be located near the property line, in a manner that will not
obstruct sight distance nor impede street maintenance, and be spaced
approximately 30 feet to 40 feet apart, subject to variations made
necessary by driveways and street corners as well as by the species
of trees planted;
(2)
Have a caliper of three inches or larger measured at breast
height and be not less than 10 feet in overall height at the time
of planting; and
(3)
Be approved as to species by the Planning Board, in consultation
with the Conservation Advisory Council.
J.
Maximum development envelopes and conservation areas on lots. The
Planning Board shall consider, as part of subdivision plat review
and approval, the required depiction of a maximum development envelope
within any proposed residential building lot for the purposes of protecting
and otherwise mitigating potential adverse impacts on significant
environmental features, including but not limited to wetlands, wetland
buffers, and stream corridors, historic and archaeological sites,
scenic and other visual resources, mature woodlands and wildlife habitat,
and maintaining natural buffers, whether of landform or vegetation,
between individual residential building sites, two or more subdivisions,
either public or private streets and roadways, or adjacent nonresidential
land uses.
(1)
Any such maximum development envelope shall encompass the land
area occupied by the residential building, driveway access thereto,
and supporting improvements, including water supply and sanitary sewage
facilities, stormwater improvements and franchise utilities, and shall
further provide reasonable land area for lawn and accessory structures.
The maximum development envelope might otherwise be cited as a "maximum
disturbance area."
(2)
The remainder of the lot shall be considered a private conservation
area subject to a conservation easement, covenant or other restriction,
approved by the Planning Board and recorded in the Dutchess County
Clerk's office simultaneously with the filing of the approved
subdivision plat. The conservation easement or other restriction shall
typically prohibit the construction of any residential accessory structures
or related improvements within the conservation area except as may
be specifically set out therein and either prohibit or otherwise restrict
clearing, grading, and removal of vegetation.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
