The Planning Board, in considering an application
for the subdivision of land, shall be guided by the following considerations
and standards, which standards shall be deemed to be the minimum requirements
for the convenience, health, safety and welfare of the Town.
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.
A. Park reservations.
[Amended 9-24-2001 by L.L. No. 5-2001; 3-8-2004 by L.L. No.
4-2004; 8-28-2006 by L.L. No. 6-2006]
(1) General standards. The Planning Board may require
that land be reserved within subdivisions containing residential units
for a park or parks suitably located for playground or other recreational
purposes. Such locations shall be as designated on the Town 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 access for the
particular purpose or purposes envisioned by the Planning Board, taking
into consideration the recommendations of the Recreation Commission.
The area shall be shown and marked on the plat as "Reserved for Park
Purposes."
(2) Land for park, playground or other recreational purposes
may not be required until the Planning Board has made a finding that
a proper case exists for requiring that a park or parks be suitably
located for playgrounds or other recreational purposes within the
Town. Such findings shall include an evaluation of the present and
anticipated future needs for park and recreational facilities in the
Town based on projected population growth to which the particular
subdivision plat will contribute.
(3) 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 three acres. 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.
(4) 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.
(5) Cash payment in lieu of reservation. Where the Planning Board makes a finding pursuant to Subsection
A(2) of this section that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes but determines that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat, the Board may require, as a condition to approval of any such plat, a payment to the Town in an amount set forth in Chapter
122, Article
IV, §
122-16L of the Code. In making such determination of suitability, the Board shall assess the size and suitability of lands shown on the subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.
B. Widening or realignment of existing streets. Where
a subdivision borders on an existing street which is narrower than
the recommended right-of-way width as specified for such streets in
these regulations 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 Alignment (or Widening) Purposes." Land reserved for such
purposes may not be counted in satisfying yard or area requirements
of the Zoning Ordinance.
C. Utility and drainage easements.
(1) 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 of at
least 25 feet in width shall be provided for such utilities or drainage
facilities across properties outside the street lines and with satisfactory
access to the street. Drainage easements shall extend from the street
to the watercourse or other drainage facility and shall convey to
the holder of fee title of the street the perpetual right to discharge
stormwater runoff from the street and the surrounding area onto and
over the affected premises by means of pipes, culverts 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 and the surrounding area.
(2) 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 Town Attorney and suitable
for recording in the office of the County Clerk.
D. Slope easements. Where determined appropriate by the
Planning Board, said Board may permit an embankment alongside a proposed
street to extend beyond the normal right-of-way of such street, provided
that a slope easement is granted, conveying to the holder of fee title
of the street 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 Town Attorney and suitable for recording in the office of the
County Clerk.
E. Sight easements. Sight easements shall be provided
across all street corners, outside the street corners, outside the
street right-of-way, within the triangular area formed by the nearest
edges of street pavement and a straight line between two points at
a minimum or 40 feet back from the theoretical intersection of the
edge of such pavement prolonged. The easements shall provide that
the holder of fee title to the abutting streets 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 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.
F. Easements for pedestrian access. The Planning Board
may require, in order to facilitate pedestrian access from streets
to schools, parks or neighborhood areas, the reservation of perpetual
unobstructed easements of at least 25 feet in width for such purposes
and the construction of walkways thereon.
The subdivider may place restrictions on any
of the land contained within the subdivision which are greater than
those required by the Zoning Ordinance. Such restrictions shall be
indicated on the final subdivision plat.
Any application made for subdivision regulation
and any acts taken pursuant to the same shall also be subject to all
applicable ordinances, local laws, rules, regulations, highway specifications
or other acts of the Town of Wappinger relating to the use of land
or the development thereof, and each applicant for subdivision approval
is presumed, by making such application, to be fully knowledgeable
of the same.
[Added 3-11-2019 by L.L.
No. 4-2019]
Notwithstanding other provisions of this chapter to the contrary,
the Planning Board may, by resolution, at its sole discretion, allow
the felling of trees on a property after preliminary subdivision plat
approval and prior to final plat approval when the timing of such
tree felling is deemed by the Board to be in the best interest of
protecting the Indiana bat (Myotis sodalis). However, in this context,
the removal of stumps shall not be permitted and the movement of felled
trees on-site or off-site is prohibited. Further, if the Board approves
said tree felling, all of the following shall occur prior to the cutting
of any trees:
A. The applicant shall submit a sufficiently detailed plan prepared
by a design professional and acceptable to the Planning Board which
shows the area proposed for the tree felling.
B. A bond or other performance guarantee in an amount as determined
by the Town Engineer for the possible restoration of the land being
developed shall be filed with the Town.
C. A notice of intent (NOI) and a stormwater pollution prevention plan
(SWPPP) shall be approved by the Town, if applicable.
D. Applicable inspection fees and sufficient escrow shall be submitted
by the applicant to the Town.
E. Tree protection (for the trees to be preserved on-site), erosion
and sedimentation protection, and wetland protection measures, as
applicable, shall be implemented to the satisfaction of the Town Building
Department. No tree felling under this section shall take place in
any regulated wetland or regulated adjacent buffer area.
F. The applicant shall attend a pre-construction meeting with the Town
Building Department.