[Amended 11-7-2002 by L.L. No. 7-2002; 1-18-2023 by L.L. No. 1-2023]
Any subdivider who proposes to develop a subdivision in the Town of Union Vale 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 any significant existing features. The Planning Board may require in the subdivision design and through the subsequent dedication of conservation easements or provision of similarly acceptable legal mechanisms the preservation of natural or man-made features which add value to residential developments and the community, such as mature trees or wooded areas, watercourse and waterfalls, historic or archaeological features, stone walls and similar irreplaceable assets. Information on natural resources from the local sources such as but not limited to the Town of Union Vale Master Plan and the Natural Resource Inventory, County and State data shall be reviewed and pertinent natural features found on the site included on all plats and in plat notes.
C. 
Conformance with Master Plan, and Town Zoning Law, Town Code Chapter 210. Subdivision plats and improvements shall both conform to Town Code Chapter 210, Zoning, and be in harmony with Town and county land use policies as enunciated within the Town Master Plan, Dutchess County Directions, and Greenway Connections. In addition, as an extension of the Master Plan, the subdivision plat shall be consistent with the intent, objectives and regulations of not only the underlying residential or commercial zoning district classification of the subdivision parcel, as such terms are defined under Chapter 210, Zoning, but additionally the intent, objectives and regulations of the complementary Environmental Resource Overlay (ER-O), Scenic Corridor Overlay (SC-O), Flood- Fringe Overlay (FF-O) and Airport Overlay (A-O) Districts established under Chapter 210, Zoning.
D. 
Minimum lot area. No lot in a subdivision shall have less than the minimum lot area and other minimum lot dimensions required by Chapter 210, Zoning, for the district in which it is located unless otherwise specifically provided for therein in the case of an average density subdivision or a conservation subdivision or residential cluster subdivision.
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 guaranty 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 laid out prior to compulsory subdivision plat review, approval and filing shall comply with this chapter as now required. The resubdivision of such an early plat, as well as any resubdivision that may occur of a more recent Planning Board approved plat, shall include any change that affects any street layout shown on the plat, area shown thereon reserved for public use or open spaces purposes or the area or configuration of any lot or parcel shown thereon.
G. 
Preservation of topsoil. No topsoil shall be removed from any land 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 to a depth of at least six inches after rolling, except that portion of the site covered by buildings or included in the roads. Removal of topsoil and subsequent management of ground surfaces shall use best management practices for erosion and stormwater control. All New York State Stormwater Pollution Prevention Plan requirements shall be met when applicable to the subdivision.
H. 
Watercourses. Where a watercourse separates a proposed street from abutting property, provision shall be made for access to all lots by culverts or other permanent drainage structures. 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.
I. 
Floodplains.[1] 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 100-year floodplain. Such study shall be conducted by a 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 occupancy nor for any such other use that may increase danger to health, life or property or aggravate the flood hazard.
(2) 
Any subdivision, including all proposed improvements and construction, must comply with all further applicable provisions of the National Flood Insurance Act of 1968, including all amendments thereto.
(3) 
The riparian buffer area along a stream shall be protected from development to the maximum extent feasible.
[1]
Editor's Note: See also Ch. 135, Flood Damage Prevention.
[Amended 11-7-2002 by L.L. No. 7-2002; 11-7-2002 by L.L. No. 7-2002; 11-7-2002 by L.L. No. 7-2002; 2-4-2010 by L.L. No. 10-2010; 1-18-2023 by L.L. No. 1-2023]
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 § 192-25 and 192-26 or these regulations.
A. 
Lots.
(1) 
Lots to be buildable. The lot arrangement shall be such that in constructing a building in compliance with Chapter 210, Zoning, the existing soils, topography or other natural conditions, including the presence of wetlands, streams, steep slopes, or floodplain areas, or other critical natural resources such as, but not limited to critical habitats and significant biodiversity areas on the parcel will not make the lot unbuildable.
(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 dimensions.
(a) 
Except as provided for in Chapter 210, Zoning, in the case of an average density subdivision or a conservation subdivision or residential cluster subdivision, each lot shall be no smaller than the minimum lot area, lot frontage and lot width required by Chapter 210, Zoning, for the district in which the lot is located, including the further provisions that not less than 75% of the minimum lot area within any zoning district must be fulfilled by land which is outside either any wetland designated by the New York State Department of Environmental Conservation or any other wetland area subject to jurisdiction by the U.S. Army Corps of Engineers pursuant to Section 404 of the Federal Clean Waters Act, or a 100-year floodplain designated by the Federal Emergency Management Agency (FEMA) and that the entirety of the minimum lot area within any zoning district be achieved by any authorized flag lot beyond the line at which minimum lot width first occurs and continues to be maintained to at least the minimum building setback line.
(b) 
In addition, the following regulations shall apply to the extent of contiguous dry upland area within each lot:
[1] 
In the RD-10 District, not less than 50% of the required minimum lot area for the zoning district shall be provided through contiguous dry upland area.
[2] 
In all other zoning districts, not less than 60% of the required minimum lot area for the zoning district shall be provided through contiguous dry upland area.
(4) 
Driveway grade and design. All driveways shall be designed, constructed and maintained to afford suitable access throughout all seasons under both routine and emergency conditions to any residential dwelling or other habitable structure in accordance with § 280 of the Town Law. All driveways shall further be subject to the driveway construction permit requirements and the driveway design, construction and maintenance standards and requirements set forth at Chapter 111, Driveways, of the Town Code.
(5) 
Access from public streets.
(a) 
The subdividing of land shall be such as to provide each lot with satisfactory access, either directly or via suitably improved private streets, for routine and emergency purposes from the community system of public streets and roadways.
(b) 
A lot of less than 300 feet frontage fronting on a county or state highway shall be designed as to share a common curb cut with an 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 (or there is a possibility of creating four or more lots equal in size to the average area of the lots proposed for subdivision), frontage for all such lots shall be on internal streets, 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 from backing onto such highway. Similar provisions on Town highways shall be encouraged.
(c) 
Any such common curb cut and/or common driveway shall be subject to reciprocal easements and suitable maintenance agreements which shall be noted by reference on the subdivision plat, reviewed and approved by the Planning Board and recorded in the Dutchess County Clerk's office. Any such common driveway shall be further subject to criteria that may be promulgated by the Town Board for the design, construction and approval of common driveways.
(6) 
Access from private streets. Access from privately-owned and maintained streets, as may be specifically authorized in accordance with § 280-a of the Town Law, shall be deemed acceptable only if such streets are designed and improved in accordance with § 192-13B of these regulations and Chapter A215 (Street Specifications), and means satisfactory to the Planning Board is 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, suitably located and adequately constructed to accommodate the prospective road maintenance equipment and built to meet Town Highway Standards of A215 (Street Specifications). The arrangement of streets shall be coordinated such that they compose a convenient system, cause no undue hardship to adjoining properties 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 guaranty has been posted.
(2) 
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 the construction or extension, presently or when later required, of needed utilities and services. Any stub street shall be provided with a temporary turnaround with a pavement radius of at least 50 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.
(3) 
Street connections. Any new subdivision consisting of 20 or more lots or any subdivision of fewer lots either extending or otherwise connecting with, or tieing into, an existing subdivision's road network such that 20 or more lots would then be served by such road network shall have at least two connections with either existing public streets or streets shown on an approved subdivision plat for which a performance bond or similar performance guaranty has been posted and, as pertinent, either a draft irrevocable offer of cession extended to the Town or a homeowners' association or similar mechanism created.
(4) 
Cul-de-sac and dead end streets.
(a) 
Cul-de-sac or permanent dead-end 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. Street designs should minimize use of cul-de-sacs and dead ends. A connected roadway of streets in a grid pattern is preferred. Where dead ends are necessary for optimum site design a simple hammerhead or turning T design is preferred. 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 a through road network, not more than 12 single-family residential lots may gain access from such cul-de-sac street. Not more than one cul-de-sac street shall be authorized within any subdivision. In a conservation subdivision, a lot layout and design that includes more than 12 houses fronting on a cul-de-sac street and with more than one cul-de-sac may be approved by the Planning Board if such design is needed to preserve the maximum amount of open space and provision of other amenities as required in § 210-32.
(b) 
A turnaround with a radius of at least 30 feet and a pavement radius of at least 40 feet shall be provided at the end of any cul-de-sac or permanent dead-end street. The Planning Board may reduce the size of the pavement radius, in consultation with the Town Highway Department and emergency services in order to reduce pavement, and create a more efficient subdivision that maintains rural character. In all cases, the cul-de-sac should contain undisturbed native vegetation or landscaping but in no case shall the center of the circular cul-de-sac be paved.
(5) 
Minimum design standards.
(a) 
Streets and related improvements shall be laid out and constructed in accordance with the minimum design standards prescribed in the Street Specifications of the Town of Union Vale, Chapter A215 of the Town Code.
C. 
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 Union Vale.
(1) 
Amount of land dedicated.
(a) 
Except for major subdivisions designed as a conservation subdivision, 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 open space purposes, including trails and other linkages between neighborhoods, community facilities and other settlement areas. All lands designated on the plat as park or open space must be deemed suitable for this purpose by the Planning Board based upon overall consistency with the Town Master Plan and a site-specific analysis of the land's topographic, geologic, hydrological and locational characteristics. Conservation subdivisions shall preserve a minimum of 50% of the parcel pursuant to § 210-32.
(b) 
The Planning Board may establish such conditions on the subdivision concerning access, use and maintenance of such park- and 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 Dutchess County Clerk's office.
(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 Planning Board, drawings at a scale of not less than 20 feet to the inch of such area and the following features thereof. All information required to identify primary and secondary open space areas that are part of a conservation subdivision pursuant to § 210-32 shall also be submitted.
(a) 
The boundaries of the said area, giving lengths and bearings of all straight lines; and radii, lengths, central angles and tangent distances of all curves.
(b) 
Existing features, such as streams, ponds, clusters of trees and rock outcrops, and structures, existing and proposed.
(c) 
Existing and, if applicable, proposed changes in grade contours of the said 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 the address of conditions relating to the protection of the public health and safety.
(3) 
Payment in lieu of dedication. Except for conservation subdivisions, where open space is a required component of the design, in cases where because of the size, topography or location of the subdivision, or because of the size of the individual lots provided within the subdivision or of the proposed open space, the requirement for land dedication or reservation for parks and other public open space purposes would be deemed unreasonable or undesirable by the Planning Board, the Planning Board shall alternatively require, under § 277 of the 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 in accordance with the subdivision fee schedule established and annually reviewed by the Town Board upon recommendation of the Planning Board. No final plat shall be signed by the Chairperson of the Planning Board until such payment has been received by the Town Clerk and receipt therefor provided to the Planning Board.
D. 
Public improvements and utilities.
(1) 
Placement. Underground improvements required by the Planning Board in accordance with § 192-12, 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 that 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 public 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 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) 
Sanitary sewers. Where an appropriate public sanitary sewer system is reasonably accessible physically and legally, the subdivider shall install at his expense the necessary connections into the system and provide a sewer connection for each lot.
(c) 
Storm drainage system.
[1] 
The subdivider shall install all necessary storm drainage sewers and appurtenant facilities at his expense, in accordance with standards of the Town and of all authorities having jurisdiction. Where an appropriate storm drainage system is reasonably accessible, the subdivider shall make proper connection thereto. Otherwise the subdivider shall provide appropriate means and methods for stormwater runoff satisfactory to the Planning Board and all other authorities having jurisdiction. In either event the storm drainage facilities provided shall be fully consistent with storm drainage design standards which may be promulgated and from time to time reviewed and modified by the Planning Board.
[2] 
The drainage 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 a 25-year storm under conditions of total potential development permitted by Chapter 210, Zoning, 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 prorated among the upstream property owners.
[3] 
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 25-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.
E. 
Pedestrianways.
(1) 
Adequate provision shall be made for the convenient and safe movement of pedestrians and bicyclists in any subdivision of land for residential purposes throughout the Town of Union Vale. All streets designated as collector roads shall have an improved pedestrian path, sidewalk or bikeway 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 four feet between the sidewalk and the street pavement. A bikeway, or combined bicyclist/pedestrian path, not less than four feet in width, may be situated adjacent 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 convenience, the Planning Board may require that additional or alternatively located pedestrianways be provided within a residential subdivision to provide access to parks or public spaces, school sites, neighborhood shopping facilities or similar destinations. Any such pedestrianway may be situated within either a public right-of-way or established within a suitable easement.
F. 
Private water supply and sewage disposal facilities. Where public 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 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.
G. 
Street trees. Native species of trees shall be planted on both sides of a newly installed street or roadway, 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 and be spaced approximately 50 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 height.
(3) 
Be approved as to species by the Planning Board.
(4) 
Be maintained and all individual trees that perish within five years of planting shall be replanted.
H. 
Realignment or widening of existing streets and roadways. 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 of the State of New York, the reservation of all land within 24.75 feet of 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.
I. 
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 impact on significant environmental features, including but not limited to wetlands 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 to the extent authorized as a matter of right within the Town Zoning Code.[1] The maximum development envelope, which shall generally not be limited to less than one acre of a residential building lot, might otherwise be cited as a "maximum disturbance area."
[1]
Editor's Note: See Ch. 210, Zoning.
(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.
(3) 
Should the Town not be the holder of the conservation easement, the Town shall otherwise be afforded third-party enforcement rights within any conservation easement agreement executed with a public land trust or other qualified conservation organization or granted through duly executed recorded agreement such enforcement rights with respect to any alternative covenant or deed restriction which may be approved by the Planning Board.