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.
A.
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.
B.
Preservation of natural features.
(1)
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 and related
facilities in accordance with the approved plan. All disturbed areas
not occupied by buildings or structures shall be restored to their
natural environment.
(2)
Existing natural features which are of ecological,
aesthetic or scenic value to residential development or to the Town
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.
C.
Conformity to Town Development Plan and Official Map.
Streets, parks and other subdivision features shall conform to the
Town Development Plan and the Official Map.
D.
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.
A.
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 road maintenance
equipment and shall be coordinated so as to compose a safe, efficient
and convenient system. The location, arrangement and design of streets
shall be such as to cause no undue hardship to adjoining properties.
[Amended 7-19-2007 by L.L. No. 10-2007]
B.
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 grade of
the streets. A combination of steep grades and curves shall be avoided.
C.
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%. 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.
D.
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 at the building line. In long blocks, the Planning Board may require the reservation, through the block, of a twenty-five-foot wide easement to accommodate utilities or pedestrian traffic. (See § 217-23C.)
E.
Continuation of streets into adjacent properties.
(1)
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 Town Development
Plan. Alternatively, if 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.
(2)
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.
(3)
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.
F.
A permanent dead-end street.
(1)
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 an easement to the boundary to accommodate utilities,
drainage facilities and/or pedestrian traffic. A circular turnaround
shall be provided at the end of a permanent dead-end street.
(2)
For greater convenience to traffic and more effective
police and fire protection, permanent dead-end streets shall, in general,
be limited in length, exclusive of the turnaround, to 1,500 feet.
G.
Street names. Street names shall be sufficiently different
in sound and in spelling from other 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. In general, street names shall conform to
the following classifications:
(1)
Avenue, street or road: major or collector street.
A.
Street improvements. Streets, shall be graded and
improved with pavement, sidewalks, curbs, gutters, streetlighting
standards (district), 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 these regulations and to the Town of Wappinger
Highway Specifications.[1]
B.
Drainage improvements.
(1)
The subdivider may be required by the Planning Board
to carry away by appropriate means 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 right-of-way where
feasible or in perpetual unobstructed easements of appropriate width
and shall be in accordance with the Town of Wappinger Highway Specifications.
[Amended 7-19-2007 by L.L. No. 10-2007]
(2)
Drainage facilities shall, in each case, be large
enough to accommodate potential runoff from their entire upstream
drainage area, whether inside or outside the subdivision, based on
a twenty-five-year storm and assuming conditions of maximum potential
development within the watershed as permitted by the Zoning Ordinance.
The applicant shall be responsible for submitting such computations
to the Engineer to the Town in sufficient detail to make possible
the ready determination of the adequacy of the proposed drainage installations,
and the Engineer to the Town shall be responsible for reviewing these
and preparing recommendations for the Planning Board.
(3)
The Planning Board may also require the subdivider
to prepare a study of the effects of the subdivision on existing downstream
drainage facilities. Where such study or the Planning Board, after
an independent analysis, determines that the additional runoff incident
to the development of the subdivision will overload an existing downstream
drainage facility, the Planning Board shall notify the owner of such
downstream facility of such potential condition and may withhold approval
of the subdivision until provision has been made for the correction
of said potential condition.
C.
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
underground 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 but, except in unusual
circumstances, within the street right-of-way. Underground service
connections shall be provided to the property line of each lot before
the street is paved and may pass under the traveled way of the street.
D.
Other improvements.
(1)
Monuments.
(a)
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 lines, preferably at street, lot
or easement corners or at points of curvature or tangency on curved
streets and spaced to be within the street right-of-way.
(2)
Traffic control and street signs. Traffic control
and street signs and signals shall be provided by the subdivider and
placed at all intersections, within the street right-of-way and in
other locations as required by the approving authority. Standard Town
street signs shall be approved by the Superintendent of Highways.
(3)
Sanitary sewer and sewerage facilities, water mains
and water supply facilities and fire regulations. Where required by
the Planning Board, the subdivider shall install sanitary sewers and
sewerage facilities and/or water mains and water supply facilities
and meet fire regulations of the appropriate sewer, water or fire
district or other municipal agency having jurisdiction.
(4)
Dry hydrants. Where the installation of water mains
and fire hydrants is not required, the Planning Board may require
the installation of dry hydrants where it is determined that such
hydrants are desirable and a satisfactory source of water supply can
be made available. In situations determined appropriate by the Planning
Board, it may require the construction or enlargement of a pond or
other water supply. Dry hydrant hose connections shall be located
at suitable points along improved streets. Such dry hydrants shall
be installed and constructed in accordance with specifications approved
by the Engineer to the Town.
(5)
Fire alarm signal devices. Where required by the Planning
Board, the subdivision shall install fire alarm signal devices, including
necessary ducts, cables and other connecting facilities, of a type
and in a manner and location prescribed by the appropriate fire district
or other municipal agency having jurisdiction.
(6)
Street trees. The Planning Board may require the planting
of street trees. Such trees shall be of a hardwood variety indigenous
to the neighborhood, shall not include invasive species, and shall
be at least four inches in caliper at a planted height of 10 inches
above ground level. Where they are required by the Planning Board,
such trees shall be planted along both sides of the street, outside
of the street right-of-way and spaced approximately 75 feet on center.
[Amended 7-19-2007 by L.L. No. 10-2007]
(7)
School bus pickup area. 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 200 square feet and no dimensions
shall be less than 10 feet. Such area shall be included within the
street right-of-way and shall be maintained by the holder of fee title
to the street. The layout and design shall be subject to Planning
Board approval, in conjunction with the Highway Superintendent and
school officials.
E.
Flood protection.
(1)
Public utilities. The Planning Board shall review
subdivision proposals and other proposed new developments to assure
that:
(2)
Water and sewerage systems. 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.
A.
Lot and driveway arrangement. The lot arrangement
shall be such that there will be no foreseeable difficulty, for reason
of topography or other conditions, in securing building permits to
build on all lots in compliance with the Zoning Chapter and the County
Health Department regulations and in providing driveway access to
buildings on such lots from an approved street in compliance with
the driveway requirements of the Zoning Chapter and the Town Highway
Specifications.[1] Each such lot shall constitute a good dwelling site taking
full advantage of topography, sunlight and solar access. The lot on
which a one-family or two-family dwelling is located shall have a
maximum of one driveway curb cut.
[Amended 9-10-2020 by L.L. No. 3-2020]
B.
Lot dimensions.
(1)
Except as provided elsewhere in these regulations
or otherwise permitted by the Zoning Board and/or Town Board, lot
area and dimensions shall comply with at least the minimum standards
of the Zoning Ordinance 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 Ordinance and
these regulations. Where, in the opinion of the Planning Board, lots
of larger than minimum size are required for purposes of proper drainage
or the preservation of important ecological features, the Board may
require such oversized lots as a condition of plat approval.
(2)
Side lot lines shall generally be at right angles
to street lines (or radial to curving street lines) unless the Planning
Board allows a variation from this rule to give a better street 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.
(3)
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 system that the structure will be an appropriate
and harmonious part of the subdivision.
C.
Double frontage lots. Lots fronting on two streets,
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
limitations and/or buffer landscaping for such double frontage lots
where the Board determines that such measures would be appropriate.
D.
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 owners 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 Town responsibility.
E.
Access across a watercourse. Where a watercourse separates
the buildable area of a lot from the street by which it has access,
provisions shall be made for the installation of a bridge, culvert
or other drainage facility of a design approved by the Planning Board
based upon recommendations of the Engineer to the Town to provide
satisfactory access across such water source for fire, police and
other emergency equipment.
F.
Subdivision with land in two or more zoning districts
or municipalities.
(1)
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 in the
Town of Wappinger.
(2)
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 _________,
19___."
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.
