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.
[Amended 11-7-2002 by L.L. No. 7-2002]
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.
[Amended 11-7-2002 by L.L. No. 7-2002]
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 residential cluster subdivision or development.
[Amended 11-7-2002 by L.L. No. 7-2002]
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.
[Amended 11-7-2002 by L.L. No. 7-2002]
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.
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. If any portion of the land within the subdivision is subject
to periodic inundation or flood hazard caused by stormwater, this
portion shall be clearly indicated on any submissions required by
these regulations. In cases of doubt, the Planning Board may require
the submission of a flood hazard study delineating the limits of the
one-hundred-year floodplain. Such study shall be conducted by a licensed
professional engineer.
(1) Land subject to flooding, and land deemed by the Planning
Board to he 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.
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, there will be no foreseeable prohibitions to development based upon soils, topography or other natural conditions, including the presence of wetlands or floodplain areas.
(2) Corner lots. Corner lots shall be of sufficient dimensions
so that any structure placed thereon shall conform to the building
setback line on both streets, as well as side yard requirements, for
the zoning district in which the lot is located.
(3) Minimum lot dimensions.
[Amended 11-7-2002 by L.L. No. 7-2002; 2-4-2010 by L.L. No. 10-2010]
(a) Except as provided for in Chapter
210, Zoning, in the case of an average density subdivision or a residential cluster subdivision or development, 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 one-hundred-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.
[Amended 11-7-2002 by L.L. No. 7-2002; 2-4-2010 by L.L. No. 10-2010]
(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.
[Added 11-7-2002 by L.L. No. 7-2002]
(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 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. 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.
[Amended 11-7-2002 by L.L. No. 7-2002]
(4) Cul-de-sac 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. 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.
(b)
A turnaround with a radius of at least 60 feet
and a pavement radius of at least 50 feet shall be provided at the
end of any cul-de-sac or permanent dead-end street.
(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.
(b)
A summary of these street specifications is
presented below:
|
Requirement
|
Collector Road
|
Commercial Street
|
Subdivision Street
|
---|
|
Right-of-way width (feet)
|
60
|
60
|
50
|
|
Clearing width (feet)
|
60
|
60
|
50
|
|
Grading width (feet)
|
60
|
60
|
50
|
|
Pavement width (feet)
|
36
|
42
|
26
|
|
Storm drains
|
Yes
|
Yes
|
Yes
|
|
Foundation course (inches thick)
|
12
|
12
|
12
|
|
Base (inches of penetration)
|
4
|
5
|
3
|
|
Pavement
|
|
|
|
|
Top (inches)
|
1
|
1
|
2
|
|
Binder (inches)
|
1 1/2
|
1 1/2
|
|
|
Curbs (inches of blacktop)
|
6
|
6
|
6
|
|
Sidewalks
|
As required by Town
|
|
Monuments
|
Yes
|
Yes
|
Yes
|
|
Street name signs
|
Yes
|
Yes
|
Yes
|
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.
[Amended 11-7-2002 by L.L. No. 7-2002]
(a)
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.
(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.
(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. 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.
[Amended 11-7-2002 by L.L. No. 7-2002]
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 twenty-five-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 twenty-five-year
storm, the Planning Board shall notify the Town Board of such potential
condition. In such case, the Planning Board shall not approve the
plat until provision has been made for the improvement of said condition.
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. 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.
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.
[Added 11-7-2002 by L.L. No. 7-2002]
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.
[Added 2-4-2010 by L.L. No. 10-2010]
(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. 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."
(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.