The Planning Board, in considering an application for the subdivision of land, shall be guided by the policies specified in Article I of this chapter and the following standards. The purpose of this article is to ensure that the highest standards of site, building and landscape design are met conscientiously, through the use of qualified technical and aesthetic judgment consistent with the Comprehensive Plan.
A.
General standards. Before the approval of any plat,
the Planning Board shall require that the lots shown on the plat are
of such character that they can be used safely for building purposes
without danger to health or peril from fire, flood, drainage or other
menace to the public health, safety and welfare. The Planning Board
shall also require that all of the requirements of § 277
of the Town Law, as modified and superseded herein pursuant to the
authority of § 10 of the Municipal Home Rule Law, are met
prior to approving any plat.
B.
Standards. Subdivisions shall be subject to the following
standards. Subdivision standards are mandatory rules subject to modification
by the Planning Board.
(1)
In determining whether to modify a standard for a
proposed project, the Planning Board may take into consideration the
following:
(a)
The practical difficulties of applying the standard
to the particular project;
(b)
The potential adverse impact on surrounding properties
and the neighborhood of applying or not applying the standard to the
proposed project; and
(c)
Whether alternate means or measures attain the same
goal as the standard.
(2)
Where an applicant objects to the application of a
standard to his or her project and the Planning Board requires compliance,
in its resolution of approval or disapproval the Planning Board shall
state its findings and the reasons for its decision with reference
to the considerations set forth in the preceding paragraph.
C.
Infrastructure and improvements. The following infrastructure and improvements shall be constructed or installed, or construction and installation thereof secured by a letter of credit or other equivalent security pursuant to § 96-16 of this Code.
(1)
All proposed streets shall meet the road specifications in Appendix Chapter A111, and shall be of the grade and construction specified in Appendix Chapter A111.
(b)
All street signs, sidewalks, curbs, gutters and storm drains shall be installed in accordance with the standards and specifications contained in Appendix Chapter A111.
(c)
All streetlighting shall be installed in accordance
with the standards and specifications provided to the Planning Board
by the appropriate authorities.
(2)
All proposed streets shall be designed to conform
to the official map, if such exists, and to the Comprehensive Plan,
and shall be consistent with the following:
(a)
The paved width of two-lane minor streets serving
not more than 20 home sites shall be at least 18 feet. The paved width
of any major street collecting traffic from no more than 200 homes
shall be at least 22 feet.
(b)
Traffic congestion shall be reduced by creating new
street connections and parallel roads serving the various land use
forms and their cores.
(c)
Wherever the density of a residential use is four
or more dwelling units per acre, an additional eight feet shall be
added to the paved width on at least one side of a proposed street,
in order to permit on-street parking.
(d)
On-street parking shall be considered along all streets in any Business District and Hamlet Core as defined in Chapter 108, provided the governmental agency with authority over the street will permit the same.
(e)
Clearing of land to provide shoulders shall be permitted
only to the extent needed to install utilities and provide snow storage.
(f)
Curbs along low-volume roads shall not be installed
unless it is clearly established that they are necessary in order
to properly handle stormwater runoff.
(g)
Center-line curve radii shall be designed so that
they do not unnecessarily encourage higher vehicle speeds, taking
into consideration existing topographical and environmental conditions.
(h)
(i)
Within any Business District, all curb radii at street
intersections shall be minimized in order to shorten the curb-to-curb
pedestrian crossings. A radius of four feet to eight feet is recommended.
(j)
Street trees shall be provided in accordance with
the recommendations of the Hyde Park Shade Tree Commission.
(k)
Formal pedestrian circulation shall be provided where Article 5 of Chapter 108 indicates that it is appropriate.
(l)
Lighting shall be provided consistent with § 108-4.5H(1) of Chapter 108 and be pedestrian-scale. The use of highway-designed high-intensity sodium lamps and similar illumination devices shall be avoided.
(m)
All electric and communications lines shall be buried consistent with § 108-4.5I(6) of Chapter 108.
(n)
Relation to topography. Streets shall conform to the
original topography without sharp cuts and excavation. They shall
be arranged so the grade of the road is below as many of the building
sites as possible.
(3)
Block size. Block dimensions shall be at least twice the minimum lot depth and generally not more than 12 times the minimum lot width required by Chapter 108. 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.
(4)
Intersections. Intersections of major streets shall
be reviewed and approved by the Town Engineer or the necessary regulatory
agency and be at least 800 feet apart. A distance of at least 150
feet shall be maintained between offset intersections. Within 40 feet
of an intersection, street grades shall be limited to a maximum of
1 1/2%. All street intersection corners shall be rounded by curves
of at least 25 feet in radius at the property line.
(5)
Visibility at intersections. Within the triangular
area formed within 50 feet of corners of intersecting streets, visibility
for traffic safety shall be provided, if necessary by excavating.
Fences, walls, hedges or other landscaping shall not be permitted
to obstruct such visibility.
(6)
Continuation of streets into adjacent property. In accordance with the Town Board June 26, 2006 Resolution 12 to amend Appendix Chapter A111, streets shall be arranged to avoid culs-de-sac.[2] Streets shall also be arranged to provide for the continuation
of principal streets between adjacent properties where such continuation
is necessary for convenient movement of traffic, effective fire protection,
efficient provision of utilities and particularly where such continuation
is in accordance with the Official Map, if such exists. If the street
must be a dead-end street temporarily, the right-of-way and improvements
shall be extended to the property line and an appropriate offer of
cession to the Town filed with the County Clerk. A temporary circular
turnaround, a minimum of 50 feet in radius, or a hammerhead shall
be provided on all temporary dead-end streets, with temporary snow
storage provisions, with the notation on the plat that land outside
the street right-of-way shall revert to abutting owners when the street
is continued.
(7)
Street names. All streets shall be named, and such
names shall be subject to the approval of the Town Board. Names shall
be sufficiently different in sound and in spelling from other street
names in the Town so as not to cause confusion. A street which is
a continuation of an existing street shall bear the same name, although
indicators such as East, West, North or South may be permitted.
(8)
Improvements.
(a)
Sanitary sewers, water mains, fire hydrants and trees
shall be installed in accordance with applicable specifications established
by the Dutchess County Department of Health and local fire district
and also in accordance with any specifications for such improvements
which may be established by the Town Board.
(b)
Underground utilities shall be placed between the
paved roadway and street right-of-way line to simplify location and
repair of the lines. The subdivider shall install underground service
connections, where required, to the property line of each lot before
the street is paved.
(9)
Storm drainage. All stormwater drainage systems shall be installed in accordance with plans approved by the Planning Board and the Town Engineer. Any subdivision approved under the provisions of this article shall provide stormwater management practices and standards required by § 108-4.5I of Chapter 108 to address stormwater runoff of all lands contained within the subdivision and any off-site runoff entering the proposed subdivision. When catch basins are installed for new projects, the drain gate must have molded into the metal of the grate the words, "NO DUMPING - DRAINS TO WATERWAY."
[Amended 8-24-2009 by L.L. No. 3-2009]
(10)
Water and sewer shall be provided in accordance with the provisions of § 108-4.5I of Chapter 108 for any major subdivision approved under the provisions of this chapter.
(a)
Water mains and sanitary sewers shall be installed
in accordance with the standards and specifications of the Dutchess
County Department of Health or as otherwise provided by the Town Engineer.
(b)
Simultaneously with the approval of any residential
subdivision plat that requires the provision of central sewer or water,
the applicant shall sign an agreement with the Town to convey the
entire sewer collection and treatment facilities and/or the entire
water distribution, pumping source and storage facilities, together
with all other facilities necessary for the proper operation of such
systems, at the option of the Town, at no cost to the Town.
(12)
Snow storage. Snow storage areas shall be constructed
to minimize threats to groundwater quality. Where the recharge areas
for wells are downhill of snow storage areas, the snow storage areas
shall be impervious and drain to controlled stormwater outlets.
D.
Lots. All lots shall comply with the requirements of Chapter 108 except as may otherwise be provided herein.
(1)
Whenever a lot is hereafter formed from part of any existing parcel, such separation shall be effected in such a manner that each lot thus created conforms to all of the requirements of Chapter 108.
(c)
Flag lots. No more than three adjoining access strips to flag lots shall be permitted in a new average density subdivision (see § 96-9); no more than five adjoining access strips to flag lots shall be permitted in new cluster subdivisions (see § 96-9F). Each access strip shall have a minimum frontage of 25 feet and a minimum width of 25 feet throughout the access strip. All flag lots shall have safe access for fire, police, and emergency vehicles. No flag lot shall result in degradation of important natural resources and landscape features, including, but not limited to, ponds, streams, steep slopes (over 20% grade), ridgelines, and wetlands.
(2)
The size of any residential lot created under the provisions of this chapter shall be no smaller than is necessary to accommodate water and sewer service for a single-family dwelling as permitted under the provisions of Chapter 108 for the applicable zoning district.
(3)
Arrangement. The arrangement of lots shall be such
that there will be no foreseeable difficulties, for reasons of topography
or other conditions, locating a building on each lot and providing
access to buildings on such lots from an approved street or driveway.
(4)
Access across a watercourse. Where a watercourse separates
the buildable area of a lot from the access street, provision shall
be made for the installation of a culvert or other crossing structure
of a design approved by the Town Engineer.
(5)
Side lot lines. Side lot lines shall be at right angles
to street lines unless a variation from this rule will give a better
street or lot plan.
(6)
Access from major streets. Lots in subdivisions shall
be arranged to minimize driveway access from major streets. Where
driveway access from a major street may be necessary for several adjoining
lots, the Planning Board may require that such lots be served by a
combined access driveway in order to limit possible traffic hazard
on such street.
(7)
Future street system. Where the plat submitted covers
only a part of the subdivider's tract, a sketch of the prospective
future street system of the unsubmitted part shall be furnished, and
the street system of the part submitted shall be considered in the
light of adjustments and connections with the future street system.
E.
Design standards. In addition to the standards established in Articles 4 and 5 of Chapter 108, the following standards apply in the review of any proposed major subdivision:
(1)
There are many possible types of blocks for new or
modified neighborhoods. Any organic approach shall encourage that
certain values be retained:
(2)
Open space is a defining element of a neighborhood.
There are myriad specialized types of such space and the subdivider
shall consider all of them when designing the specifics of the subdivision.
Particular consideration shall be given to the following:
(a)
Playgrounds can be incorporated into any block;
(b)
A courtyard can provide common shared space within
a block;
(c)
Attached and detached "squares" have both practical
and symbolic importance as places of gathering and of importance;
and
(d)
Plazas, greens, commons, parks and buffers all provide
a sense of spaciousness.
(3)
Whether a particular building is to have a courtyard,
side yard, rear yard or perimeter shall be at the discretion of the
developer.
(4)
Preservation of natural features. Natural features
which add value to residential developments and to the community,
such as large trees or groves, watercourses and waterfalls, beaches,
historic sites, vistas and similar irreplaceable assets, shall be
preserved.
A.
The design and size of storm drainage facilities shall
be subject to the review and approval of the Town Engineer.
B.
Easements. Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, a stormwater easement or drainage
right-of-way shall be provided, which shall conform substantially
with the lines of such watercourse and such further width or construction,
or both, as the Town Engineer may deem adequate to the purpose. In
no case shall such stormwater easement or drainage right-of-way be
less than 20 feet wide.
A.
Parks, playgrounds, and recreational areas. The purpose
of this subsection is to provide an equitable and effective development
standard for securing adequate land for parks, playgrounds, and recreational
purposes in all new subdivisions throughout the Town. Except as herein
provided, lands comprising approximately 10% of the total area to
be developed shall be reserved for parks, playgrounds or recreational
areas within all major subdivisions as approved by the Planning Board.
(1)
The Planning Board shall require that the subdivision
plat show sites of a character, extent and location suitable for the
development of a park, playground, or other recreation purpose. The
Planning Board may require the subdivider to satisfactorily grade
and seed any such recreation area shown on the plat.
(2)
The Planning Board shall not accept areas of less
than three contiguous acres and shall require that not less than three
acres of recreation space be provided per 100 dwelling units shown
on the plat. Recreational spaces of a lesser area may be approved
where the difference may be made up in conjunction with the future
subdivision of adjacent land. However, in no case shall the required
amount be more than 10% of the total area of the subdivision.
(3)
All lands designated on the plat as park, playground
and recreation area may be retained in private ownership and shall
be subject to such conditions as the Planning Board may establish
for the subdivision concerning access, use, and maintenance of such
lands as deemed necessary to assure the preservation of such lands
for their intended purposes in perpetuity. Such conditions shall be
shown on the plat prior to plat approval and recording.
(4)
If the Planning Board finds that, due to size, topography
or location of the subdivision, land for parks, open space, playgrounds
or other recreational purpose cannot be properly located therein or
if, in the opinion of the Planning Board, it is not desirable, the
Planning Board shall require, prior to the signing of the plat, payment
to the Town of Hyde Park Recreation Trust Fund of a fee as listed
in the Schedule of Fees adopted by the Town Board. Such amount shall
be paid to the Town at the time of final plat approval, and no final
plat shall be signed until such payment is made. The lot encompassing
the residence of the subdivider shall be exempt from this fee.
B.
Realignment or widening of existing streets. Where
the subdivision borders an existing street and the Comprehensive Plan
or Official Map indicates plans for realignment or widening of the
street that would require reservation of some land of the subdivision,
the Planning Board may require that such areas be shown and marked
on the plat, "Reserved for Street Alignment or Widening Purposes."
C.
Utility and drainage easements. Where topography or
other conditions are such as to make impractical the inclusion of
utilities or drainage facilities within street rights-of-way, perpetual
unobstructed easements at least 20 feet in width for such utilities
shall be provided across property outside the street lines and with
satisfactory access to the street.
D.
Easements for pedestrian access. The Planning Board
may require perpetual unobstructed easements at least 20 feet in width
in order to facilitate pedestrian access from streets to schools,
parks, playgrounds or other nearby streets.
