In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. The said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article VI herein.
A.
Character of land. Land to be subdivided shall be of such character
that it can be used safely for building purposes without danger to
health or peril from fire, flood or other menace.
C.
Specifications for required improvements. All required improvements
shall be constructed or installed to conform to the Town specifications,
which may be obtained from the Town Engineer.
D.
Lot counting rules and segmentation. The Town is concerned that intermittent
piecemeal subdivisions of large properties that circumvent major subdivision
regulations could have a detrimental impact on the Town's character,
preservation of open space and agricultural lands. As of the adoption
date of this chapter, if one large parcel has been subdivided four
times, and any portion of the original parcel is subdividable, then
any subsequent subdivision will cause the entire original parcel to
be treated as a major subdivision.
A.
Width, location and construction. Streets shall be of sufficient
width, suitably located and adequately constructed to conform to the
Comprehensive Plan and to accommodate the prospective traffic and
afford access for fire-fighting, snow removal and other road maintenance
equipment. The arrangement of streets shall be such as to cause no
undue hardship to adjoining properties and shall be coordinated so
as to compose a convenient system. The Planning Board shall ensure
that construction of new roads is consistent with rural road standards
and that emphasis be placed on aesthetics and rural character of these
roads.
B.
Arrangement. 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, 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.
C.
Minor streets. Minor streets shall be so laid out that their use
by through traffic will be discouraged.
D.
Special treatment along major arterial streets. When a subdivision
abuts or contains an existing or proposed major arterial street, the
Board may require marginal access streets, reverse frontage with screen
planting contained in a nonaccess reservation along the rear property
line, deep lots with rear service alleys or such other treatment as
may be necessary for adequate protection of residential properties
and to afford separation of through and local traffic.
E.
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.
F.
Dead-end streets. The Town of Kinderhook discourages the creation
of dead-end or loop residential streets. However, the creation of
dead-end streets will be allowed where the use of a grid or modified
grid system of streets is not applicable due to existing physical
constraints on the site. In the case of dead-end streets, where needed,
the Board may require the reservation of a twenty-foot-wide easement
to provide for continuation of pedestrian traffic and utilities to
the next street. Subdivisions containing 20 lots or more shall have
at least two street connections with existing public streets or streets
shown on the Official Map,[1] if such exists, or streets on an approved subdivision
plat for which a bond has been filed.
[1]
Editor's Note: Said map is on file in the Town offices.
G.
Block size. Blocks generally shall not be less than 400 feet nor
more than 1,200 feet in length. In general, no block width shall be
less than twice the normal lot depth. In blocks exceeding 800 feet
in length, the Planning Board may require the reservation of a twenty-foot-wide
easement through the block to provide for the crossing of underground
utilities and pedestrian traffic, where needed or desirable, and may
further specify, at its discretion, that a four-foot-wide paved footpath
be included.
H.
Intersections with collector or major arterial roads. Minor or secondary
street openings into such roads shall, in general, be at least 500
feet apart.
I.
Street jogs. Street jogs with center-line offsets of less than 125
feet shall be avoided.
J.
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 right angles to the street it joins.
K.
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.
L.
Other required streets. Where a subdivision borders on or contains
a railroad right-of-way or limited-access highway 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 or for commercial or industrial purposes in appropriate
districts. Such distances shall also be determined with due regard
for the requirements of approach grades and future grade separations.
A.
Widths of rights-of-way. Streets shall have the following widths:
(When not indicated on the Comprehensive Plan or Official Map,[1] if such exists, the classification of streets shall be
determined by the Board.)
|
Type of Street
|
Right-of-way Minimum
(feet)
|
Pavement Minimum
(feet)
| |
|---|---|---|---|
|
Major
|
60
|
35
| |
|
Collector
|
55
|
22
| |
|
Local
|
50
|
20
|
[1]
Editor's Note: Said map is on file in the Town offices.
B.
Improvements. Streets shall be graded and improved with pavements,
curbs and gutters, sidewalks, storm drainage facilities, water mains,
sewers, streetlights and signs, street trees and fire hydrants, except
where waivers may be requested, and the Planning Board may waive,
subject to appropriate conditions, such improvements as it considers
may be omitted without jeopardy to the public health, safety and general
welfare. Pedestrian easements shall be improved as required by the
Town Engineer. Such grading and improvements shall be approved as
to design and specifications by the Town Engineer. For collector and
local roads, the shoulder width should be three feet on two sides
in gravel or grass.
(1)
Fire hydrants. Installation of fire hydrants shall be in conformity
with all requirements of standard thread and nut as specified by the
New York Fire Insurance Rating Organization and the Division of Fire
Safety of the State of New York.
(2)
Streetlighting facilities. Lighting facilities shall be in conformance
with the lighting system of the Town. Such lighting standards and
fixtures shall be installed after joint approval by the appropriate
power company and the Town Planning Board. Streetlights shall use
full cutoff, shielded fixtures to reduce glare. Period-style street
fixtures, consistent with the rural nature of the Town, may be required
by the Planning Board for commercial developments.
C.
Utilities in streets. The Planning Board shall, wherever possible,
require that underground utilities and electrical wires be placed
in the street right-of-way between the paved roadway and street line
to simplify location and repair of lines when they require attention.
The subdivider shall install underground service connections to the
property line of each lot within the subdivision for such required
utilities before the street is paved.
D.
Utility easements. Where topography is such as to make impractical
the inclusion of utilities within the street rights-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.
E.
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 major or collector
streets or 10% for minor streets in residential zones, but in no case
more than 3% within 50 feet of any intersection.
F.
Changes in grade. All changes in grade shall be connected by vertical
curves of such length and radius as to meet with the approval of the
Town Engineer so that clear visibility shall be provided for a safe
distance.
G.
Curve radii at street intersections. All street right-of-way lines
at intersections shall be rounded by curves of at least a twenty-foot
radius, and curbs shall be adjusted accordingly.
H.
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[2] shall be cleared of all growth (except isolated trees)
and obstructions above the level three feet higher than the center
line of the street. If directed, ground shall be excavated to achieve
visibility.
[2]
Editor's Note: Sketch A is on file in the Town offices.
I.
Dead-end streets (culs-de-sac). Where dead-end streets are allowed,
they should, in general, not exceed 500 feet in length and shall terminate
in a circular turnaround having a minimum right-of-way radius of 40
feet and a pavement radius of 30 feet. At the end of temporary dead-end
streets, a temporary turnaround with a pavement radius of 50 feet
shall be provided, unless the Planning Board approves an alternate
arrangement.
J.
Watercourses.
(1)
Where a watercourse separates a proposed street from abutting property,
provision shall be made for access to all lots by means of culverts
or other structures of a design approved by the Town Engineer.
(2)
Where a subdivision is traversed by a watercourse, drainageway channel
or stream, there shall be provided a stormwater easement or drainage
right-of-way as required by the Town Engineer and in no case less
than 20 feet in width.
K.
Curve radii. In general, street lines within a block deflecting from
each other at any one point by more than 10° shall be connected
with a curve, the radius of which, for the center line of the street,
shall not be less than 400 feet on major streets, 200 feet on collector
streets and 100 feet on minor streets.
L.
Service streets or loading space in commercial development. Paved
rear service streets of not less than 20 feet in width or, in lieu
thereof, adequate off-street loading space, suitably surfaced, shall
be provided in connection with lots designed for commercial use.
M.
Free flow of vehicular traffic abutting commercial developments.
In front of areas zoned and designed for commercial use, or where
a change of zoning to a zone which permits commercial use is contemplated,
the street width shall be increased by such amount on each side as
may be deemed necessary by the Planning Board 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
or business district.
N.
Sewer and septic. 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.
A.
Type of name. All street names shown on a preliminary plat or subdivision
plat shall be approved by the Planning Board. In general, streets
shall have names and not numbers or letters.
B.
Names to be substantially different. Proposed street names shall
be substantially different so as not to be confused in sound or spelling
with present names, except that streets that join or are in alignment
with streets of an abutting or neighboring property shall bear the
same name. Generally, no street should change direction by more than
90° without a change in street name.
A.
Lots to be buildable. The lot arrangement shall be such that, in constructing a building in compliance with Chapter 250, 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. No parcel shall be created so as to be unbuildable for either residential or commercial uses.
B.
Setbacks in a conservation subdivision. The minimum setback shall
be 35 feet.
C.
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.
D.
Driveway access. All new driveways shall be designed to provide safe
ingress and egress to the public. This includes consideration of sight
distances, grades, drainage and winter conditions. All driveways shall
conform to the following standards:
[Amended 4-9-2007 by L.L. No. 4-2007]
(1)
Sight distance: 500 feet in both directions or as approved by the
Town Highway Superintendent.
(2)
Grades. All driveways shall be sloped away from the public road to
which they connect at 1 1/2% for 25 feet from the edge of the
pavement. The maximum slope within 25 feet of the public road to which
the driveway connects shall be 3%. The average slope of a driveway
shall not exceed 10%, and the maximum slope shall not exceed 12%.
Any driveway section that has a twelve-percent slope shall not be
longer than 200 feet. The combination of steep slopes and curves shall
be avoided.
(3)
Curves. Driveway curves shall be no less than 60 feet in radius.
(4)
Surface width. The traveled surface shall be 12 feet in width to
allow access for emergency vehicles.
(5)
Drainage. All driveways shall be properly graded with drainage swales
and culverts sized to handle the anticipated runoff from a ten-year
storm event.
(6)
For all driveways which have an average slope of 5% or greater, the
subdivider shall submit a profile, drawn to scale, for review and
approval by the Planning Board.
E.
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.
F.
Monuments and lot corner markers. Permanent monuments meeting specifications
approved by the Town 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 Town Engineer may require, and their location
shall be shown on the subdivision plat.
G.
Lot width and area variation. Lot areas and lot widths in conservation
subdivisions shall vary at random, to the maximum extent possible,
in order to eliminate the appearance of a standard subdivision.
H.
Building envelopes. For conventional subdivisions, the Planning Board
shall ensure that the building envelope is placed, to the maximum
extent practicable, to preserve scenic views and open space in the
subdivision.
A.
Removal of springwater and surface water. The subdivider may be required
by the Planning Board to carry away, by pipe or open ditch, any springwater
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.
B.
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 Town Engineer shall approve the design and size of the facility based on anticipated runoff from a ten-year storm under conditions of total potential development permitted by Chapter 250, Zoning, in the watershed.
C.
Responsibility for drainage downstream. The subdivider's engineer
shall also study the effect of such subdivision on the existing downstream
drainage facilities outside the area of the subdivision; this study
shall be reviewed by the Town 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 Town Board 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.
D.
Land subject to flooding. Land subject to flooding or land deemed
by the Planning Board to be uninhabitable 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 shall be improved
in a manner satisfactory to the Planning Board to remedy said hazardous
conditions.
E.
Erosion and sedimentation control. The Planning Board shall ensure
that erosion and sedimentation, with its resulting negative impacts
on water quality, are minimized. The applicant shall demonstrate to
the Planning Board that the following measures are employed in development
of the site:
(1)
Minimization of site alteration/land clearing.
(a)
Site/building design shall preserve natural topography outside
of the development footprint to reduce unnecessary land disturbance
and to preserve natural drainage channels on the site.
(b)
Clearing for utility trenching shall be limited to the minimum
area necessary to maneuver a backhoe or other construction equipment.
Roots should be cut cleanly rather than pulled or ripped out during
utility trenching.
(c)
Tunneling for utilities installation should be utilized wherever
feasible to protect root systems of trees.
(2)
Minimization of cut and fill in site development.
(a)
Development envelopes for structures, driveways, wastewater
disposal, lawn areas and utility work shall be designated to limit
clearing and grading.
(b)
Other efforts to minimize the clearing and grading on a site
associated with construction activities shall be employed, such as
parking of construction vehicles, offices/trailers, stockpiling of
equipment/materials, etc., in areas already planned for permanent
structures.
(c)
Topsoil shall not be stockpiled in areas of protected trees,
wetlands, and/or their vegetated buffers.
(d)
Finished grades should be limited to no greater than a 2:1 slope,
while preserving, matching, or blending with the natural contours
and undulations of the land to the greatest extent possible.
(3)
Employment of proper site management techniques during construction.
(a)
Best management practices shall be employed to avoid detrimental
impacts to existing vegetation, soil compaction, and damage to root
systems.
(b)
The extent of a site exposed at any one time shall be limited
through phasing of construction operations. Effective sequencing shall
occur within the boundaries of natural drainage areas.
(4)
Protection of the site during construction through adequate erosion
and sedimentation controls.
(a)
Temporary or permanent diversions, berms, grassed waterways,
special culverts, shoulder dikes or such other mechanical measures
as are necessary may be required by the Board to intercept and divert
surface water runoff. Runoff flow shall not be routed through areas
of protected vegetation or revegetated slopes and other areas. Temporary
runoff from erosion and sedimentation controls shall be directed to
best management practices, such as vegetated swales. Retaining walls
may be required where side slopes are steeper than a ratio of 2:1.
(b)
Erosion and sedimentation controls shall be constructed in accordance
with the standards found in the publications:
[1]
Guidelines for Urban Erosion and Sediment Control, New York 1991;
[2]
Reducing the Impacts of Stormwater Runoff From New Development, New
York State DEC, Bureau of Water Quality Management, 1992;
[3]
Controlling Agricultural Nonpoint Source Water Pollution in New York
State: A Guide to Selection of Best Management Practices to Improve
and Protect Water Quality, New York State DEC, Division of Water,
Bureau of Technical Services and Research, 1991;
[4]
SPDES general permit for stormwater discharges from construction
activities, New York State DEC, Division of Water, 1993; and
[5]
Individual Residential Wastewater Treatment Systems Design Handbook,
New York State Department of Health, 1996.
(c)
Erosion control measures shall include the use of erosion control
matting, mulches and/or temporary or permanent cover crops. Mulch
areas damaged from heavy rainfalls, severe storms and construction
activity shall be repaired immediately.
(d)
Erosion control matting or mulch shall be anchored where plantings
are on areas subject to mulch removal by wind or water flows or where
side slopes are steeper than 2:1 or exceed 10 feet in height. During
the months of October through March, when seeding and sodding may
be impractical, anchored mulch may be applied at the Board's
discretion.
(e)
Runoff from impervious surfaces shall be recharged on the site
by stormwater infiltration basins, vegetated swales, constructed wetlands
or similar systems covered with natural vegetation. Runoff shall not
be discharged directly to rivers, streams, or other surface water
bodies. Dry wells shall be used only where other methods are not feasible.
All such basins and wells shall be preceded by oil, grease, and sediment
traps. The mouths of all catch basins shall be fitted with filter
fabric during the entire construction process to minimize siltation,
or such basins shall be designed as temporary siltation basins with
provisions made for final cleaning.
(f)
The applicant shall be required to conduct weekly inspections
of all erosion and sedimentation control measures on the site to ensure
that they are properly functioning, as well as to conduct inspections
after severe storm events.
(5)
Revegetation of the site immediately after grading.
(a)
Proper revegetation techniques shall be employed using native
plant species, proper seedbed preparation, fertilizer and mulching
to protect germinating plants. Revegetation shall occur on cleared
sites within seven calendar days of final grading and shall occur
during the planting season appropriate to the selected plant species.
(b)
A minimum of four inches of topsoil shall be placed on all disturbed
surfaces which are proposed to be planted.
(c)
Finished grade shall be no higher than the trunk flare(s) of
trees to be retained. If a grade change of six inches or more at the
base of the tree is proposed, a retaining wall or tree well may be
required.
F.
Basement elevation standards. The elevation of the bottom of basement
footings of new residences shall be no less than two feet above the
highest recorded water table level as shown on USGS maps entitled
"Altitude of Water Table" or as determined through the evaluation
of Town-Engineer-monitored test holes dug on site, whichever footing
elevation would be greater. Soil test holes shall not be required
if there is adequate elevation change within 100 feet of the foundation
which permits footing drains to daylight year round.
[Added 11-14-2005 by L.L. No. 16-2005]
A.
Recreation areas shown on Town plan. Where a proposed park, playground or open space shown on the Town 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 B below. Such area or areas may be dedicated to the Town or county by the subdivider if the Town Board approves such dedication.
B.
Parks and playgrounds not shown on Town plan.
(1)
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.
(2)
The 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. Such area or areas may be dedicated to the Town or
county by the subdivider if the Town Board approves such dedication.
C.
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 Board three prints (one
on cloth) drawn in ink showing, at a scale of not less than 30 feet
to the inch, such area and the following features thereof:
(1)
The boundaries of the said area, giving lengths and bearings of all
straight lines, radii, lengths, central angles and tangent distances
of all curves.
(2)
Existing features such as brooks, ponds, clusters of trees, rock
outcrops, structures.
(3)
Existing and, if applicable, proposed changes in grade and contours
of the said area and of the area immediately adjacent.
D.
Waiver of plat designation of area for parks and playgrounds.
(1)
In cases where the Planning Board finds that, due to the size, topography or location of the 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 Town of $5,000 per gross acre of land which otherwise would have been acceptable as a recreation site. The amount of land which otherwise would have been acceptable as a recreation site shall be determined in accordance with the standards set forth in Subsection B of this section.
(2)
Such amount shall be paid to the Town 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 Town Board in a special Town 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 general
neighborhood in which the land covered by the plat lies and shall
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 general neighborhood
in which the land shown on the plat is situated, provided the Planning
Board finds there is a need for such improvements.
E.
School sites. Upon receipt from the School Board of a letter declaring
its interest in a school site of a specific size and location within
a proposed subdivision, the Planning Board may require a subdivider
to set aside such area. Upon the failure of the proper authorities
to purchase such school site within 36 months after the date of the
approval of the plat, the subdivider, upon application to the Planning
Board and approval of such application, shall be relieved of the responsibility
of showing such land for public purposes.
F.
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.
G.
Preservation of natural features. The Planning Board shall, wherever
possible, establish the preservation of all natural features which
add value to residential developments and to the community, such as
watercourses and waterfalls, beaches, historic spots, vistas and similar
irreplaceable assets. The Town of Kinderhook encourages the use of
conservation subdivisions to preserve natural features.
