City of Beacon, NY General Requirements for Subdivision Design

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. Land subject to such hazards shall not be subdivided nor developed for residential purposes, nor for such other uses as may increase danger to health, life or property, or aggravate a flood hazard, but such land may be set aside for uses as shall not involve such danger nor produce unsatisfactory living conditions.

Preservation of natural features.

Land to be subdivided shall be designed in reasonable conformity to existing topography in order to minimize grading, cut and fill, and to retain, insofar as possible, the natural contours, to limit stormwater runoff, and to conserve the natural vegetative cover and soil. No tree, topsoil or excavated material shall be removed from its natural position except where necessary and incidental to the improvement of lots and the construction of streets, private roads and related facilities in accordance with the approved plan. Topsoil shall be restored to a depth of at least six inches and properly seeded and fertilized in those disturbed areas not occupied by buildings or structures.

Existing natural features which are of ecological, aesthetic or scenic value to residential development or to the City as a whole, such as wetlands, watercourses, water bodies, rock formations, stands of trees, historic spots, and similar irreplaceable assets, shall be preserved, insofar as possible, through harmonious design of the subdivision and, where appropriate, the Planning Board may require the inclusion of such features in permanent reservations.

Conformity to City Development Plan and Official Map. Streets, parks and other subdivision features shall conform to the City Development Plan and the Official Map.

Frontage on improved streets. The area proposed to be subdivided shall have frontage on and direct access to a street duly placed on the Official Map, and if such street is not improved to the satisfaction of the Planning Board, such improvements shall be a condition of subdivision approval.

§ 195-21 Streets.

Location, width and improvement. Streets shall be suitably located, of sufficient width, and adequately improved to accommodate the expected traffic and to afford satisfactory access to police, fire-fighting, snow removal and other utility and street maintenance equipment, and shall be coordinated so as to compose a safe and convenient system. The location, arrangement or design of street shall be such as to cause no undue hardship to adjoining properties.

Relation to topography. Streets shall be appropriately related to the natural topography and 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 curves shall be avoided.

Intersections. Intersections of major streets shall be at least 800 feet apart, if possible. Cross (four-cornered) street intersections shall be avoided insofar as possible, except at important traffic locations. A distance at least equal to the minimum required lot width, but not less than 150 feet, shall be maintained between center lines of offset intersecting streets. Within 60 feet of the center of an intersection, streets shall be at approximately right angles and grades shall be limited to 1.5%. All street intersection corners shall be bounded by curves of at least 25 feet in radius at the property line. Wherever two streets intersect at an angle of less than 75°, special pavement, channelization, right-of-way and/or sight easement restrictions may be required by the Planning Board.

Block size. Within any zoning district, block dimensions shall be at least twice the minimum lot depth and generally not more than 12 times the minimum lot width. In long blocks, the Planning Board may require the reservation through the block of a twenty-foot-wide easement to accommodate utilities or pedestrian traffic.

Continuation of streets into adjacent properties.

The arrangement of streets shall provide for their continuation between adjacent properties where such continuation is determined necessary for proper traffic movement, effective fire protection, efficient provision of utilities, snow removal and other services, and/or where such continuation is in accordance with the City Development Plan. Alternatively, if a street continuation is not determined to be warranted by the circumstances, or would result in unsafe traffic conditions or otherwise jeopardize the public safety and welfare, the Planning Board may require such street to be terminated short of the boundary lines of the subdivision.

Where a continuation of a street beyond the boundaries of a subdivision is warranted, but the adjacent property is undeveloped and the street must dead-end temporarily, the Planning Board may require that the right-of-way and all improvements be extended to the property line. A temporary circular turnaround of a minimum of 50 feet in radius shall be provided on all temporary dead-end streets in excess of 100 feet in length, with a notation on the plat that land outside the normal street right-of-way shall revert to abutting property owners upon continuation of the street. The length of temporary dead-end streets shall normally be limited to not more than double the permitted length of permanent dead-end streets.

Where a turnaround exists at the end of a street within an adjoining development to which a proposed street is to connect, the applicant may be required to remove the portions of the turnaround pavement outside of the normal width of the traveled way, perform any necessary reconstruction of the pavement edge, construct continuations of any existing driveways to the new pavement edge, and regrade, seed and drain the disturbed areas in such a manner as to blend them in with the surrounding landscape.

A permanent dead-end street.

Where a street does not extend to the boundary of a subdivision and its future continuation is not required by the Board, it shall be separated from such boundary by a distance not less than the minimum required lot depth. The Planning Board may require the reservation of a twenty-foot-wide easement to the boundary to accommodate utilities, drainage facilities and/or pedestrian traffic. A circular turnaround of a minimum right-of-way radius of 65 feet shall be provided at the end of a permanent dead-end street.

For greater convenience to traffic and more effective police and fire protection, the nonlooped portion of permanent dead-end streets shall, in general, be limited in length, exclusive of the turnaround, to eight times the minimum lot width for the zoning district in which it is located.

Street names. All streets shall be named, and such names shall be subject to the approval of the Planning Board. Prior to naming streets, the Planning Board shall confer with the Beacon Historical Society for the purpose of receiving recommendations for the naming of streets after notable persons in Beacon's history. Street names shall be sufficiently different in sound and in spelling from other names in the City so as not to cause confusion. A street which is a continuation of an existing street shall bear the same name. In general, street names shall conform to the following classifications:

Avenue, street or road: major or collector street.

Drive or lane: minor residential streets, except as follows:

Court or place: permanent dead-end street.

Circle or loop: street that returns to a starting point, or a street both ends of which intersect another street at different locations.

§ 195-22 Private roads.

General requirements. Notwithstanding other provisions of this chapter which pertain to major, suburban and local streets, the following general requirements shall apply to private roads.

Private roads of the design described in Subsection B below shall only be utilized to serve lots for single-family use. For the purposes of determining use of a private road, no distinction shall be made between developed and nondeveloped residential lots; lots in either condition shall be eligible for access by a private road.

A private road of the design described in Subsection B below shall not provide access for more than four residential lots, except that up to two additional lots may use the private road, if a private agreement so allows, provided that those two additional lots have the minimum required frontage on a public street.

Notwithstanding the subsection immediately above, in order to create in excess of four lots on a private road of the design described in Subsection B below (six if two additional lots have required frontage), said private road shall either be owned by a homeowners' or condominium association, or shall have first been improved to the current applicable street specifications, dedicated to and accepted by the City or other governmental authority, in which latter case it shall cease to be a private road.

For greater convenience to traffic and more effective police and fire protection, the nonlooped portion of permanent dead-end private roads shall, in general, be limited in length, exclusive of the turnaround, to eight times the minimum lot width for the zoning district in which it is located.

If the total length of all private roads in a subdivision exceeds eight times the minimum lot width for the zoning district in which they are located, then the private road(s) must be owned by a homeowners' or condominium association.

The City Planning Board shall not approve the use of a private road in any subdivision if it is determined that the use of said private road is not consistent with the health, safety, welfare and convenience of the proposed users of the road and the people of the City in general.

(7)

To the extent practicable, the owner of any lot having access only to an approved private road shall be the owner of the portion of the private road adjacent to his lot to the center line of said private road unless such other ownership provisions have been shown on the filed subdivision plat, as approved by the Planning Board.

(8)

In all cases, dimensions used in determining compliance with the applicable zoning district (i.e., area, setbacks, frontage, etc.) shall be calculated and measured from or along the right-of-way lines (easement lines) indicated for the private road.

(9)

Responsibility for maintenance.

Where a subdivision plat containing a private road is approved and filed with the Dutchess County Clerk, such subdivision plat shall contain a note clearly stating that the subdivision contains a private road which the City of Beacon has no responsibility to maintain, provide services for, nor make any improvements to; all such costs shall be borne by the property owners using said road in accordance with the terms of a maintenance declaration or agreement, as referenced herein below.

All private roads will have provisions for the maintenance of the private road, drainage facilities and other improvements incorporated in a maintenance declaration or agreement which shall be recorded in the Dutchess County Clerk's Office at the time of the filing of the subdivision plat and prior to the transfer of any subdivision lot (with a copy of the recorded documents submitted to the City Clerk for filing).

(c)

A private road may not be offered for dedication to the City unless the owners of the private road shall first have caused it to meet or exceed the specifications set forth in this chapter for a public street for acceptance by the City of Beacon.

(10)

The Planning Board shall require, as a condition of approval, that a performance guarantee and inspection fees be posted with the City of Beacon, in a manner set forth in this chapter, to guarantee the proper installation and the upkeep of the private road and associated improvements.

(11)

An index shall be kept by the City Clerk of all subdivisions approved by the Planning Board which contain private roads. Said subdivision shall be indexed by name, Tax Map designation(s) and date of approval.

Construction specifications and additional requirements for private roads serving up to six lots. Notwithstanding other provisions of this chapter which pertain to major, suburban and local streets, the following construction specifications and additional requirements shall apply to private roads serving up to six lots. If the Planning Board shall authorize the construction of a private road in accordance with the standards set forth in this chapter, said private road shall conform to the minimum standards set forth below:

The private road will have the subbase prepared and compacted to maximum density (minimum 95%). Where grade alteration is required, the same shall be accomplished by the use of Item 4, compacted to maximum density (minimum 95%). Materials shall be certified by the design engineer as suitable for the purposes indicated.

Said private road will have a base course which shall consist of a minimum of eight inches of crushed stone or graded gravel base, with a four-inch choker course of stone tailings or fine dust-free material placed on top of said base course, all of which will be compacted to maximum density (minimum 95%). A two-inch binder course and a final surface treatment finish of one-inch top course shall be placed, to result in a dust-free surface.

A private road shall not be less than 18 feet in width (finished surface). In areas where the road will be in a cut through the existing topography, the road shall be provided with one-foot wide shoulders which shall be constructed of Item 4. Swales adjacent to the shoulders shall be a minimum of eight inches in depth and 1.5 feet wide. The swales shall be grass lined or stone lined, as deemed appropriate for the site condition, as determined by the Street Superintendent and City Engineer.

All side slopes adjacent to or part of any private road shall not be steeper than a slope of two to one in areas where the road will be in a cut through the existing topography. A "two-to-one slope" is defined as a drop of one unit of distance vertically for every two units of distance horizontally. In areas where the road will be in a fill section, side slopes shall not exceed a three-to-one slope.

The right-of-way reserved for all private roads shall not be less than 50 feet in width; rights-of-way for cul-de-sacs shall not be less than 120 feet in diameter. If the private road contains utilities that are to be publicly owned and maintained, then an easement shall be granted to the City of Beacon over the entire right-of-way reserved for the private road.

If any private road shall end in a cul-de-sac, said cul-de-sac shall have a finished surface being not less than 100 feet in roadway diameter. Alternate layouts will be considered, subject to Planning Board approval, when site conditions make construction of the full-size cul-de-sac impractical.

(7)

If a private road is constructed over a place where water runs regularly or seasonally underneath said road, or will be caused to do so as part of the proposed subdivision, smooth-line polyethylene pipe culvert or Planning Board approved equal shall be installed underneath the road to permit the passage of water under said road. The size of said pipe shall be calculated by the applicant's engineer and shall be as acceptable to the City Engineer.

(8)

All private roads will be required to have a street name, which shall not duplicate the name of an existing street or be so similar to the name of an existing street as to be easily confused with it. Such name shall be posted by street sign in equal construction and character as those signs currently installed by the City for public roadways and shall also include a separate and similar sign with identification as a private road.

(9)

Private roads shall be designed in accordance with the City Street Specifications[1] with regard to sight distance, road grades, horizontal and vertical curves, and intersection design.

Editor's Note: See Ch. 192, Street Specifications.

Construction specifications and additional requirements for private roads serving other than up to six lots. A private road serving more than six lots, serving an attached single-family (townhouse) or multifamily residential development, or owned by a homeowners' or condominium association shall be designed to such standards and construction specifications as deemed appropriate by the Planning Board, taking into consideration such matters including, but not necessarily limited to traffic generation and capacity, the minimizing of adverse environmental impacts, the length of the private road, overall density, setback requirements, health safety and welfare, and all other generally accepted planning standards.

§ 195-23 Improvements.

Street improvements. Streets shall be graded and improved with pavement, sidewalks, curbs, gutters, street signs, street trees, water mains, sanitary sewers, storm drains, fire alarm signal devices, fire hydrants and other utilities, except that the Planning Board may waive, subject to appropriate conditions, such improvements as it considers are not requisite in the interest of the public health, safety and welfare. The subdivider shall install underground service connections to the property line of each lot before the street is paved. Except where waivers are granted, all such grading and street improvements shall conform in all respects to this chapter and to Chapter 192, Street Specifications.

Drainage requirements.

The applicant 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 or private road right-of-way where feasible, or in perpetual unobstructed easements of appropriate width, and shall be constructed in accordance with the City Construction Standards and Specifications.

If a subdivision contains an existing drainage channel conveying surface water from an off-site upstream drainage area, the applicant shall be required to provide for the conveyance of such surface water runoff through the project. Drainage pipes and/or other conveyance facilities shall be provided large enough, in each subdivision and for each existing drainage channel, to convey potential runoff from the entire upstream drainage area through the subdivision, based on a one-hundred-year storm. The intent of this provision is to maintain the existing watershed drainage pattern as closely as possible and to safely convey stormwater runoff from the upstream drainage area through the subdivision. Further, the applicant shall also be required to install drainage pipes and/or other conveyance facilities in the subdivision to accommodate on-site-generated stormwater runoff which traverses the subdivision for a twenty-five-year storm based on postdevelopment conditions.

The Planning Board may require the applicant to prepare a study of the effects of the subdivision on existing downstream drainage facilities based on the one-hundred-year storm. Where such study or the Planning Board, after an independent analysis, determines that the additional runoff resulting from the development of the subdivision will adversely impact existing downstream properties or drainage facilities, the Planning Board may withhold approval until provision has been made for the correction of said potential condition. An acceptable corrective provision may be the addition of on-site retention and/or detention of the increased postdevelopment stormwater runoff from the subdivision so that there will be no net increase in the peak rate of stormwater runoff over the subdivision's predevelopment rate.

The applicant shall be responsible for submitting computations to the City Engineer in sufficient detail to make possible the ready determination of the adequacy of the proposed drainage facilities, and the City Engineer shall be responsible for reviewing these and preparing recommendations for the Planning Board.

Underground utilities. In order to assure greater safety and improved appearance, all utility lines and related equipment for providing power and communication services shall be installed in the manner prescribed by the regulations of the utility company having jurisdiction. Underground utility lines shall be located outside of the traveled way of the streets and private roads but, except in unusual circumstances, within the right of way. Underground service connections shall be provided to the property line of each lot before the street or private road is paved and may pass under the traveled way of the street or private road.

Other improvements.

Monuments.

Monuments shall be required wherever deemed necessary by the Planning Board to enable all lines to be readily reproduced on the ground. In general, monuments shall be located no more than 500 feet apart on street or private road lines, preferably at street, private road, lot, or easement corners or at points of curvature or tangency on curved streets or private roads, and spaced to be within sight of one another along lines entirely within the street or private road right-of-way.

Monuments shall be set vertically in solid ground three inches above ground surface with accurate reference to a permanently identifiable fixed point, and shall meet or exceed the construction requirements specified in the City Construction Standards and Specifications.

Traffic control, street and private road signs. Traffic control, street and private road signs shall be provided by the subdivider. See § 192-17 of Chapter 192, Street Specifications, for additional regulations.

Streetlighting standards. Where required by the Planning Board, street and private road lighting standards, of a design and location approved by said Board, shall be provided and installed by the subdivider.

Sanitary sewers and sewerage facilities, water mains and water supply facilities, and fire hydrants. The subdivider shall install sanitary sewers and sewerage facilities and/or water mains and water supply facilities and fire hydrants of the type and in a manner prescribed by appropriate City regulations.

Street and private road trees. The Planning Board may require the planting of street and private road trees. Such trees shall be of a hardwood variety indigenous to the neighborhood, and shall be at least four inches caliper at a height of four feet above ground level. Where they are required by the Planning Board, such trees shall be planted along both sides of the street or private road, within the street or private road right-of-way, and spaced approximately 40 feet on center. Such trees shall be guaranteed to survive two growing seasons.

School bus pickup areas. The Planning Board may require that the subdivider reserve, clear, grade, pave and otherwise improve an area of such size and location as will provide a safe and suitable place for the use of children awaiting school buses. In general, the size of such area shall not be less than 100 square feet, and no dimensions shall be less than eight feet. Such area shall be included within the street or private road right-of-way and shall be maintained by the holder of fee title to the street or private road. The layout and design shall be subject to Planning Board approval.

(7)

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

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

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

(8)

The Planning Board shall require new or replacement water supply systems and/or sanitary sewerage systems to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.

§ 195-24 Lots and driveways.

Lot and driveway arrangement. The lot arrangement shall be such that there will be no foreseeable difficulty, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the Zoning chapter,[1] and the County Health Department regulations, and in providing driveway access to buildings on such lots from an approved street or private road in compliance with the driveway requirements of the Zoning chapter. Subject to the provision of access easements and a maintenance declaration or agreement suitable to the City Attorney, which documents shall be filed with the deeds to the subject lots, the Planning Board may approve the use of a common driveway for a maximum of two lots, if the Board determines that the use of said common driveway is more beneficial to the safety, welfare or convenience of the proposed users of the driveway and/or the people of the City in general than would be the case with separate driveways.

Editor's Note: See Ch. 223, Zoning.

Lot dimensions.

Except as provided elsewhere in this chapter or otherwise permitted by the City Council, lot area and dimensions shall comply with at least the minimum standards of the Zoning chapter for the district in which they are located. Where lots are more than double the minimum required area, the Planning Board may require that they be arranged so as to allow for further subdivision and the opening of future streets where necessary to serve such potential lots, all in compliance with the Zoning chapter and this chapter. Where, in the opinion of the Planning Board, lots of larger than minimum size are required for purposes of proper drainage, water supply, waste disposal, or the preservation of important ecological features, the Board may require such oversized lots as a condition of plat approval.

Side lot lines shall generally be at right angles to street or private road lines (or radial to curving street or private road lines) unless the Planning Board allows a variation from this rule to give a better street, private road or lot arrangement. Dimensions of corner lots shall be large enough to allow for erection of buildings observing the minimum front yard setback from both streets or private roads.

Where a proposed subdivision includes an existing residence larger in size than can appropriately be placed on a lot of the minimum size permitted in the zoning district, the Planning Board may require:

That the lot be of such size and relationship to the proposed street or private road system that the structure will be an appropriate and harmonious part of the subdivision; and

Restrictions such that the lot not be resubdivided in the future.

Access from major and collector streets. Lots shall not, in general, derive access from a major or collector street, but shall front on a minor interior street or private road. Where driveway access from a major or collector street may be necessary for two adjoining lots, the Planning Board may require that such lots be served by a common access drive in order to limit the possible traffic hazard on such street. Any such driveways, where permitted, shall be designed in such a way as to provide adequate and convenient area for the turnaround of vehicles so as to avoid requiring them to back into traffic on such streets and private roads.

Double frontage lots. Lots fronting on two streets or private roads, other than corner lots, shall be avoided except where deemed essential by the Planning Board in order to provide separation of residential development from major or collector streets, or to overcome problems of topography or orientation. The Planning Board may require access limitation and/or buffer landscaping for such double frontage lots where the Board determines that such measures would be appropriate.

Water bodies. If a subdivision contains a water body, or portion thereof, lot lines shall be drawn so as to distribute the entire ownership of the water body among the fees of the adjacent lots, unless the Planning Board approves an alternate plan whereby the ownership of and responsibility for the safety of the water body is so placed that it will not become a City responsibility.

Access across a watercourse. Where a watercourse separates the buildable area of a lot from the street or private road by which it has access, provision shall be made for the installation of a bridge, culvert or other drainage facility of a design approved by the Planning Board based upon recommendation of the City Engineer, to provide satisfactory access across such watercourse for fire, police and other emergency equipment.

Subdivisions with land in two or more zoning districts or municipalities.

In general, a lot should not be divided by a zoning district or municipal boundary. If it is, however, necessary for a zoning district boundary to cross a lot, such lot shall be designed so that it can be readily developed in accordance with the standards of the more restrictive zoning district. If it is necessary for a municipal boundary line to cross a lot, the Planning Board may require suitable legal agreements to assure that the two portions of the lot will not be separated in the future and that the portion of the lot in the adjoining municipality will not be used for any purpose that would make it nonconforming if the entire lot were located within the City of Beacon.

Whenever a subdivision includes land in two or more zoning districts and/or municipalities, the location of the zoning district and/or municipal boundary line shall be shown on the plat and, in addition, where zoning boundaries are involved, the following notation shall be added: "Existing zoning boundaries as of ____________________, 20 ________."

Driveways.

[Amended 9-4-2018 by L.L. No. 16-2018]

All driveways shall be constructed in accordance with the provisions set forth in § 100-6.

All driveways shall be graded to the satisfaction of the Street Superintendent and City Engineer prior to the surfacing of such driveways.

The driveway surface shall be constructed of a dust-free surface material and shall be six inches in depth.

Common driveways.

The developer and/or owner shall design and construct all common driveways within the limits of the right-of-way with sufficient sight distance and with a grade of no more than one-half inch per foot from the curbline or edge of roadway pavement to a point 20 feet from the curbline or edge of roadway pavement. The minimum width of the driveway pavement at the curbline or street line shall be 16 feet. At locations where individual driveways branch off from the common driveway, these driveways shall be a minimum of 10 feet in width.

All common driveways shall be graded to the satisfaction of the Street Superintendent and City Engineer prior to the surfacing of such driveways.

The common driveway surface shall be constructed of a dust-free surface material and shall be six inches in depth.

Common driveways shall be permitted in residential districts when approved by the Planning Board. In determining the appropriateness of a common driveway, the Planning Board shall consider whether it will minimize adverse environmental effects on the site, the length of the road, overall density, proposed offset of driveways, road grades and center line radius, setback requirements, and all other generally accepted planning standards.

§ 195-25 Reservations and easements.

All reservations and easements shall be clearly indicated on the final subdivision plat, along with appropriate notations indicating the rights which exist with respect to each such reservation and/or easement.

Park reservations.

[Amended 12-5-2011 by L.L. No. 14-2011]

General standards. The Planning Board may require that land be reserved within subdivisions for a park or parks suitably located for playground or other recreational purposes. Such locations shall be as designated on the City Development Plan or Official Map, or as otherwise deemed appropriate by the Planning Board. Each reservation shall be of suitable size, dimensions, topography and general character, and shall have adequate street or private road access, for the particular purpose or purposes envisioned by the Planning Board. The area shall be shown and marked on the plat as "Reserved for Park Purposes."

Minimum size. The Planning Board may require the reservation of up to 10% of the area of the subdivision for recreation purposes. In general, it is desirable that land reserved for park and playground purposes have an area of at least one acre. The Board may require that such areas be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided.

Ownership of park areas. The ownership of reservations for park purposes shall be clearly indicated on the plat and established in a manner satisfactory to the Planning Board so as to assure their proper future continuation and maintenance. When the Planning Board requires that an area for park, playground or recreational purposes be reserved on the subdivision plat, such requirement shall not constitute an acceptance by the City of such area.

Cash payment in lieu of reservation. Where the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in a subdivision, or where such a reservation is otherwise not appropriate or practical, the Board, at its sole discretion, may require, as a condition to approval of any such plat, a payment to the City of a sum determined for such cases by the City Council.

Referral. In the event the Planning Board intends to require a reservation of parkland, the Planning Board should request a report and recommendation from the City Council as to the reservation of such land for park or recreation purposes.

Resubdivision. In the event of a resubdivision of a plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.

Widening or realignment of existing streets. Where a subdivision borders an existing street which is narrower than the recommended right-of-way width as specified for such streets in this chapter, or where a subdivision borders an existing street planned for widening or realignment in such a way as to require the use of some land in the subdivision, the Planning Board may require the subdivision plat to show such areas which shall be marked "Reserved for Street Realignment (or Widening) Purposes." Land reserved for such purposes may not be counted in satisfying yard or area requirements of the Zoning chapter.[1]

Editor's Note: See Ch. 223, Zoning.

Utility and drainage easements.

Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities within street or private road right-of-way, perpetual unobstructed easements of at least 20 feet in width shall be provided for such utilities or drainage facilities across properties outside the street or private road lines and with satisfactory access to the street or private road. Drainage easements shall extend from the street or private road to the watercourse or other drainage facility, and shall convey to the holder of fee title of the street or private road, the perpetual right to discharge stormwater runoff from the street or private road and the surrounding area onto and over the affected premises by means of pipes, culverts, or ditches, or a combination thereof, together with the right to enter said premises for the purpose of making such installations and doing such maintenance work as the holder of such fee title may deem necessary to adequately drain the street or private road and the surrounding area.

When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured in a form satisfactory to the City Attorney and suitable for recording in the Office of the County Clerk.

Slope easements. Where determined appropriate by the Planning Board, said Board may permit an embankment alongside a proposed street or private road to extend beyond the normal right-of-way of such street or private road provided a slope easement is granted, conveying to the holder of fee title of the street or private road the right to enter the premises for the purpose of maintaining such slope. Where the embankment slope is located on private land outside the subdivision, such easement shall be permitted only where the appropriate rights have been secured in a form satisfactory to the City Attorney and suitable for recording in the Office of the County Clerk.

Sight easements. Sight easements shall be provided across all street or private road corners, outside the street or private road right-of-way, within the triangular area formed by the nearest edges of street or private road pavement and a straight line between two points each 25 feet back from the theoretical intersection of the edges of such pavement prolonged. The easements shall provide that the holder of fee title to the abutting streets or private roads shall have the right to enter the easement area for the purpose of clearing, pruning or regrading so as to maintain a clear line of sight in either direction across such triangular area between an observer's eye 3.5 feet above the pavement surface on one street or private road and an object one foot above the pavement surface on the other. The initial establishment of clear sight lines within the sight easement area shall be the responsibility of the subdivider.

Easements for pedestrian access. The Planning Board may require, in order to facilitate pedestrian access from streets or private roads to schools, parks or neighboring areas, the reservation of perpetual unobstructed easements of at least 20 feet in width for such purposes and the construction of walkways thereon.

§ 195-26 Miscellaneous.

Preservation of existing features. Existing features which would add value to residential development, such as large trees, watercourses and falls, historic spots and similar irreplaceable assets, should be preserved, insofar as possible, through harmonious design of the subdivision.

Self-imposed restrictions. The subdivider may place restrictions on any of the land contained within the subdivision which are greater than those required by the Zoning chapter.[1] Such restrictions shall be indicated on the final subdivision plat.

Editor's Note: See Ch. 223, Zoning.

Subdivisions including land zoned for business. If a proposed subdivision includes land that is zoned for business purposes, and if such land is not restricted against business use by the imposition of deed restrictions by the owner, the layout of the subdivision with respect to such land shall make such provision as the Planning Board may require for safe and convenient access to such automobile parking and loading and unloading spaces as may be required by the Zoning chapter, or otherwise for safe and convenient service access to such land.

Premature subdivision. The Planning Board shall investigate, identify and report to the City Council any subdivision within the City, a plat for which has been placed on file in the Office of the Dutchess County Clerk prior to October 6, 1958, which is a premature subdivision as defined herein. One copy of such report shall be sent, by certified mail, to the property owner or owners involved, at the address indicated on the City's assessment records, and the owner or owners invited to meet and discuss with the Planning Board the possible redesign of their subdivision. Another copy of that report shall be sent to the Building Inspector. Upon its receipt of the Planning Board's report, the City Council may redesignate such a subdivision as premature.

Modification of standards. The Planning Board may modify the specified requirements in any individual case where, in the Board's judgment, such modification is in the public interest or will avoid the imposition of unnecessary individual hardship.

Penalties for violation.

Any person, partnership or corporation who shall violate any provision of this chapter, or who shall alter or use any land in violation of any statement or plan submitted and approved hereunder, or who shall knowingly assist therein, shall be liable to a fine of not less than $500 and not more than $100,000 or imprisonment not exceeding 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and additional violation.

In addition, where construction subject to a building permit is involved, the Building Inspector shall, at the recommendation of the City Engineer, issue an order to stop all work on the project or revoke the building permit, as may be necessary or appropriate to the situation.

No certificate of occupancy shall be issued for any new construction on the property on which occurred any violation of this chapter unless and until the provisions of this section have been complied with.

In addition to any other penalty authorized by this section, any person, partnership or corporation shall be required to restore the site to the condition existing prior to the violation or to bear the expense of such restoration.