Town of Clinton, NY Design and Improvements

Existing features which would add value to residential development or whose preservation would benefit the Town, such as groves of mature trees, large individual trees, scenic vistas, watercourses, historic areas and similar irreplaceable assets, should be preserved, insofar as possible, through sensitive design of the subdivision. Lands designated for protection under provisions of regulations relating to wetlands, aquifers, and other environmental/cultural resources shall also be preserved, insofar as possible, through the subdivision process. The Planning Board may, in order to ensure the preservation of such resources, and to mitigate potentially adverse impacts of land subdivision, encourage an applicant to place easements upon such lands as should be protected or require such easements as a condition of subdivision approval.

Appendix D, Hamlet Design Guidelines, provides a reference for applicants and Planning Board members to encourage, through design guidelines, the preservation and orderly growth of Clinton's historic hamlets. Two companion documents, "Building Form Guidelines" (1994) and "Rural Development Guidelines" (1994) are available for review in the Town of Clinton Library or for purchase from Dutchess County Planning and Development.

Access through other municipalities. Whenever access to a subdivision is to be provided by crossing land or roadways in another municipality, the Planning Board shall require written assurance from that municipality that such access is adequately improved or that a legal performance guarantee has been duly posted and of sufficient amount to assure the construction of the necessary roadway(s).

Resubdivision. If an applicant proposes a lot line adjustment or resubdivision of all or part of land covered by an existing plat which has been laid out prior to the required subdivision process, approval and filing shall comply with the requirements and application process set forth in this chapter.

Pedestrian access. To the extent considered practicable by the Planning Board and in consideration of the public health, safety, welfare and convenience, the Planning Board may require that pedestrian walkways or paths be provided within a subdivision to provide access to parks or public spaces, school sites, neighborhood shopping facilities, or similar destinations. The Planning Board may determine that pedestrian access is suitable midway through a long block, and/or nonpaved pedestrian walkways or paths may be an appropriate alternative to sidewalks within rural subdivisions. Any pedestrian accessway may be situated within a public right-of-way or within a suitable easement.

Preservation of topsoil. Topsoil may not be removed during the creation or construction of any subdivision in the Town. 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 except that portion of the site covered by buildings or structures or included in the roads and driveways.

Watercourses. Where a watercourse separates a proposed road 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 20 feet in width. All such structures and rights-of-way shall be of design and specification approved by the Town Engineer and the Town Highway Superintendent. Storm drain facilities and culverts over 12 inches in diameter shall have grating over both exits and entrances to prevent small children or pets from entering.

Floodplains/Floodways. 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 this chapter. In cases of doubt, the Planning Board may require the submission of a flood hazard study delineating the limits of the floodplain. Such study shall be conducted by a licensed professional engineer at applicant's expense.

Land subject to flooding, and land contained within the floodplain boundaries designated and mapped by the Federal Emergency Management Agency (FEMA) shall not be platted for residential or commercial occupancy nor for any such other use that may increase danger to health, life or property, or aggravate the flood hazard, without mitigation for remedy of necessary conditions and all applicable permits obtained from appropriate governmental agencies.

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 recent amendments thereto.

Agriculture. If required, the Planning Board shall evaluate and consider the agricultural data statement in its review of the possible impacts of any proposed subdivision upon the functioning of farm operations within any designated New York State agricultural districts.

§ 206-16 Lots.

Buildable lots. The lot arrangement shall be such that in constructing a building in compliance with Chapter 250, 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.

Corner lots. Corner lots shall be of sufficient dimensions so that any structure placed thereon shall conform to the building setback line on both roads, as well as side yard requirements, for the zoning district in which the lot is located, as specified in Chapter 250, Zoning.

Minimum lot size. Except as provided by Article V of this chapter in the case of cluster development, each lot shall be no smaller than the minimum lot area, lot frontage and lot width required by Chapter 250, Zoning, for the district in which it is located, including the provision that not less than 75% of the minimum lot area within any zoning district must be fulfilled by land which is outside any NYS DEC-designated wetland. Likewise, not less than 75% of the minimum lot area within any zoning district must be fulfilled by land which is outside a FEMA-designated floodplain or Army Corps of Engineers designated wetland.

Driveway grade and design. Driveways shall be designed and built to afford suitable access to the building sites in accordance with the provisions of the Town highway specifications for driveways and with the NYS Uniform Fire Prevention and Building Code. A driveway shall be 12 feet wide and provide 12 feet of clearance for emergency vehicles, unless otherwise provided by Town highway specifications.[1]

Editor's Note: See Ch. 127, Driveways, and Ch. 201, Article I, Highway Specifications.

Access from public roads.

The subdividing of land shall be such as to provide each lot with satisfactory access for routine purposes and emergency vehicle access from public roadways. Each lot is required to have not less than 40 feet of frontage on and access to a public street or highway and shall be in accordance with Article IV of Chapter 250, Zoning. The Planning Board shall be satisfied that such access is feasible by a buildable driveway, whether or not construction is planned for the immediate future.

Lots shall not, in general, derive access exclusively from a major or collector road. Where driveway access from a major or collector road may be necessary for several adjoining lots, the Planning Board may require or allow such lots to be served by a common drive in order to limit possible traffic hazards on such roadway. The Planning Board may require construction of a public road in order to limit the number of rear lots.

Rear lots. Rear lots (also referred to as "flag lots") are allowed in any residential zone pursuant to Chapter 250, Zoning. Such lots may be approved only where they will not endanger public health and safety, and will advance the purposes of this chapter and Chapter 250, Zoning, including, in particular, the preservation of natural and scenic resources. In considering the best use of land in a subdivision, the Planning Board may reasonably limit the number and location of such rear lots and the length of the accessways.

§ 206-17 Subdivision roads.

General objectives. Subdivision roads shall be of sufficient width, suitably located and adequately constructed to accommodate the prospective traffic, normal road maintenance equipment, and emergency vehicles. The arrangement of roads shall be coordinated such that the roads compose a convenient roadway system, cause no undue hardship to adjoining properties, and render no property inaccessible from an existing road or from a proposed road in a subdivision for which a completion bond or similar performance guarantee has been posted.

Relation to topography. Roads shall be related to and conform as much as possible to the original topography of the site being subdivided. A combination of steep grades and sharp curves shall be avoided.

Arrangement of roads. To the extent practicable, the arrangement of roads in the subdivision shall provide for the continuation of principal roads of adjoining subdivisions, and for proper projection of principal roads into adjoining properties which are not yet subdivided by use of temporary stub road/cul-de-sacs, in order to make possible necessary fire protection, movement of traffic and the construction or extension of needed utilities and services. Any temporary stub road/cul-de-sac or other intended through road shall be constructed wholly to the property line and shall be provided with a temporary turnaround. See Subsection G, Cul-de-sac roads, below. A note on the subdivision plat shall specify that the land included within the turnaround which is outside the normal road right-of-way shall revert to abutting property owners upon any continuation of the temporary stub road/cul-de-sac and shall be regraded and seeded.

Feeder/Service road. In order to maintain the flow and circulation of traffic along roadways, provide improved access to commercial and industrial developments located on or adjacent to roadways, prevent a proliferation of turning movements and segregate local traffic from higher speed through traffic, the Planning Board, where appropriate, may require the construction of a feeder/service road.

The Planning Board, where appropriate, shall:

Approve the number, spacing and location of any entrance(s) and exit(s) from the property under review.

Require the interconnection of parking areas and land uses via access drives within and between adjacent lots; and/or

Require that land uses adjacent to or integrated in a shopping center or cluster of commercial or other facilities shall use common access drives with other establishments in that center or cluster.

(d)

Require road standards consistent with the intended use, in consultation with the Highway Superintendent and/or the Town Engineer.

The Planning Board may grant conditional approval which would allow direct access to the road until such time as the access drive is improved and available, at which time the direct access to the road would be eliminated.

The Planning Board shall require written assurance and/or deed restrictions, satisfactory to the Town Attorney, binding the owner and his heirs and assignees to permit and maintain such internal access and circulation and inter-use of parking facilities.

Intersections. Intersections of major roads by other roads shall be at least 800 feet apart, if possible. Cross (four-cornered) road intersections shall be maintained between offset intersections. Within 40 feet of an intersection, roads shall be approximately at right angles, and grades shall be limited to 1 1/2%. All road intersection corners shall be rounded by curves of at least 20 feet in radius at the property line.

Visibility at intersections. No fences, walls, hedges, or other landscaping items shall be permitted to obstruct visibility at intersections. (See also Chapter 250, Zoning.) The following minimum requirements also apply:

Minimum sight distance, measured 12 feet before the intersected street edge of pavement projections at a height of 44 inches, shall be maintained as follows:

	Speed Limit (mph)	Minimum Sight Distance (feet)
	30 or less	200
	35	250
	40	325
	45	400
	50	475
	55	550

Cul-de-sac roads. Cul-de-sac roads shall not be created to provide access to residential lots except in situations where, in the view of the Planning Board, a through road cannot reasonably be provided due to the physical characteristics of the subdivision parcel and adjoining properties.

Where a cul-de-sac road is authorized either as a permanent dead-end road or as a temporary dead-end road pending completion of a through road network, not more than 15 single-family residential lots may gain access from such cul-de-sac road.

A cul-de-sac road shall be restricted to a maximum of ten-percent grade and to a length of 1,500 feet.

A permanent cul-de-sac road at its end shall be separated from the boundary to the adjoining property (in the direction of continuation) by a distance of not less than 100 feet.

Where a temporary cul-de-sac is authorized, the right-of-way and improvements shall be extended to the property line.

A turnaround with a right-of-way radius of at least 50 feet and a pavement radius of 27 to 43 feet shall be provided at the end of any permanent cul-de-sac or permanent dead-end road The cul-de-sac, including island surface, shall otherwise be governed by all stated requirements of the Town's highway specifications.[1]

Editor's Note: See Ch. 201, Art. I, Highway Specifications.

Road design standards. All public roads proposed, including cul-de-sac roads, shall meet Town of Clinton highway specifications, or, in the absence of any specification to the contrary, the Planning Board may, in consultation with the Town Highway Superintendent and/or the Town Engineer, require any of the following:

Minimum curvature. When continuing street lines (projected right-of-way tangents) deflect from each other at any one point by more than 10°, they shall be connected by a curve, with a radius at the inner street right-of-way line, determined from Subsection H(2), Alignment standards.

Alignment standards in relation to design speeds. Alignment standards in relation to design speeds are provided in the following table:

Design Speed (miles/ hour)	Minimum Radius of Horizontal Curves (feet)	Maximum Percent of Grade	Minimum Forward Sight Distance (feet)	Minimum Length of Vertical Curve for Each 1% Change in Grade (feet)
20	100	10%	150	10
25	200	10%	175	15
30	250	10%	200	20
35	350	10%	250	30
40	450	8%	325	35
45	600	8%	400	55
50	750	8%	475	70

Pavement of gutters. Where street grades exceed 5%, gutters shall be paved.

Alleys.

Alleys may be provided in Hamlet and Industrial Districts, as private accessways.

Intersections of alleys and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movements.

Dead-end alleys shall be avoided when possible, but if unavoidable shall be provided with adequate turnaround facilities at the dead-end as determined by the Planning Board.

Design standards for streets. Streets shall meet Town highway specifications for the Town of Clinton.[2]

[2]

Editor's Note: See Ch. 201, Art. I, Highway Specifications.

(6)

Street names. All streets shall be named, and such names shall be subject to approval of the Town Board.

Driveways and common drives. The Planning Board shall assure that driveways are suitably laid out to provide safe access to improved roads, taking into consideration the rural character of the Town and the expressed policies of minimizing environmental disruption. Where common drives are used, the Planning Board shall assure that there are no more than four dwelling units accessing from the common drive and that safe access is feasible over the improved common traveled way. The Planning Board may approve a subdivision in which lots are served by a common drive, only if legally adequate recorded common drive maintenance agreements are agreed to as a condition of subdivision approval and provided by the applicant. Driveways and common drive entrances require the approval of the Highway Superintendent, whose jurisdiction may extend beyond the Town-owned right-of-way in order to protect the motoring public (e.g., from water runoff due to slope). The Planning Board shall require that a statement be placed on the final plat, to be filed in the Dutchess County Clerk's office, that a common driveway has been approved for the subdivision and a maintenance agreement(s) has been filed. Each lot served by a common driveway shall have road frontage and access as further regulated by Chapter 250, Zoning, and § 206-16, Lots, of this chapter.[3]

[3]

Editor's Note: For additional driveway provisions, see Ch. 127, Driveways.

Subdivision on existing road. Where the subdivision borders an existing New York State or county road, the standards for those jurisdictions shall apply to such entrances or frontages. Where the subdivision borders an existing Town road, the Planning Board may require that land be reserved on the subdivision plat to permit any future improvements to be carried out. Similarly, the Planning Board may require in its review of any subdivision plat abutting a user roadway, as defined under § 189 of the New York State Highway Law, the reservation of, or require an easement on, 24.75 feet from the center line of such user roadway for highway purposes or for future utility improvements, and recommend Town Board acceptance of such land when offered for dedication by the applicant. Nothing in this subsection, however, shall be construed to mean that land may be reserved by the Town, unless donated, without due process, or without a determination by the Planning Board that the reservation is required by conditions caused by the proposed development for the regulation of the health, safety and welfare of the public.

§ 206-18 Parks and open space.

Land for parks and other common open space purposes will be provided, in an adequate amount, in any subdivision of land for residential purposes throughout the Town of Clinton. Where applicable, open space areas shall also be provided within commercial sites. However, alternatives to the parkland requirement are described in this section.

Amount of land reserved. In general, the Planning Board shall require that up to 10%, or an amount as otherwise required by New York State Town Law, of the total land area within the subdivision be set aside and shown on the plat for park, playground and common open space purposes, including trails and other linkages between neighborhoods. All lands designated on the plat as park playground or common 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 lands' topographic, geologic, hydrological and locational characteristics. The Planning Board may establish such conditions on the subdivision concerning access, use, and maintenance of such park and common 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 on the plat prior to final plat approval and subsequent recording of the plat in the office of the Dutchess County Clerk.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The Planning Board may require land to be set aside for park, playground or other recreational purposes after the Planning Board or Town Board has made a finding that a proper case exists for requiring that a park(s) be suitably located for these recreational purposes within the Town. Such findings, as specified in § 277 of the New York State Town Law, include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town of Clinton based on projected population growth to which the particular subdivision plat will contribute, and are contained in the Town of Clinton Master Plan.

Information to be submitted. In the event that an area to be used for park, playground or common open space is required to be shown, the applicant 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 any portion of such area intended for active recreation or park development, including the following features thereof:

The boundaries of the area, giving lengths and bearings of all straight lines; and radii, lengths and long chords of all curves.

Existing features such as streams, ponds, clusters of trees, rock outcrops and structures, existing and proposed.

Existing and, if applicable, proposed changes in grade contours of the 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.

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.

Plans for pedestrian access to/from parkland or open space areas; including provisions for easements to cover pedestrian access and ownership of easements.

Payment in lieu of land reservation. 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, playground 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 New York State Town Law, that a payment be made to the Town, deposited in a special fund established for Town recreation site acquisition and/or capital improvement, in lieu of such land dedication or reservation within the subdivision. Such recreation payment shall be a condition of approval of the final plat and shall be assessed as a per-lot basis for residential subdivisions; recreation payments shall not be assessed for lots on which residential uses are not permitted. The recreation payment shall not apply to the original (first) lot. No final plat shall be signed by the Chairperson of the Planning Board until the recreation payment has been received by the Planning Board.

§ 206-19 Required improvements.

In making determinations regarding the necessity and extent of the provision and installation of required subdivision improvements, the Planning Board shall take into consideration the prospective character, density and uses within the proposed subdivision, whether residential, commercial or industrial uses.

Improvements. The Planning Board may require the provision and installation of improvements, in accordance with New York State Town Law, and may specify that the applicant design such improvements, including but not limited to the following:

Parks, playgrounds, or other public open spaces of adequate size and location for recreational purposes;

Paved roads, common driveways, and driveway aprons;

Road signs and posts;

Road lighting;

Curbs or swales;

(6)

Sidewalks or nonpaved walkways;

(7)

Road trees and treatment of buffer areas and other required landscaping;

(8)

Water supply and fire protection facilities;

(9)

Sanitary sewage disposal facilities;

(10)

Storm drainage facilities;

(11)

Franchise utilities;

(12)

Seeding and other means of erosion control for all lands within the subdivision tract, including all lots, common areas and rights-of-way; and

(13)

Monuments or other acceptable markers suitably placed and installed.

Standards for installation. All improvements required by the Planning Board shall be installed in accordance with standards, specifications, and procedures acceptable to the appropriate Town departments or as provided in this chapter.

Modification of the design of improvements shown on the approved plat. If at any time before or during construction of the required improvements shown on the approved plat it is demonstrated to the Town Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Engineer may, upon concurrence of the Chairperson of the Planning Board, authorize minor modifications which are within the spirit and intent of the Planning Board's approval and do not constitute the waiver or substantial alteration of the function of any of the improvements required by the Planning Board. The Town Engineer shall issue any such authorization under this provision in writing and shall transmit a copy of such authorization to the Planning Board for consideration at its next regular meeting.

Grading and improvements. Roads shall be graded and improved in accordance with Article IV, § 206-17, of this chapter and specifications in the Town Highway Regulations for public roads. Grading and improvements of all roads shall be approved as to design and specifications by the Town Highway Superintendent in consultation, if appropriate, with the Town Engineer. The inspection and certification of all roads shall be performed by the Town Highway Superintendent to verify that the road construction complies with the approved plans and specifications.

Inspection of improvements. At least five business days prior to commencing construction of required improvements, the applicant shall pay to the Town Clerk, for purposes of establishing an escrow account, the inspection fee, if any, required by the Town Board. The applicant shall also notify the Town Board, in writing, of the time when he/she proposes to commence construction of such improvements so that the Town Board may cause such inspection to be made to assure that all Town specifications and requirements shall be met during the construction of required improvements, and to assure the satisfactory completion of improvements and utilities as required by the Planning Board. The inspection fee shall provide reimbursement to the Town for actual direct cost incurred for such engineering services, and the remainder shall be returned. (Refer to § 206-28, Performance guarantees for required improvements.)

In order to facilitate inspection of required improvements during construction, the applicant shall notify the Town Engineer at least five working days before reaching each of the following stages of construction:

Rough grading complete;

Drainage and other underground facilities installed, but prior to backfilling;

After gravel base is spread and compacted;

(d)

When each pavement course is being applied; and

(e)

After completion of all improvements.

The applicant shall not proceed to work on any stage subsequent to the first stage until the work of the previous stage has been inspected and approved by the Town Engineer, Town Highway Superintendent, or a representative who may be duly authorized by the Town Board. In the case of any other improvements, the Town Engineer shall inspect the work at such progressive stages as specified. The Town Engineer shall certify in writing to the Town Board that the work was inspected and was found to be in accordance with the approved plans and specifications.

Proper installation of improvements. If the Town Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance guarantee, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the applicant, he/she shall so report to the Town Board, the Building Inspector and the Planning Board. The Town Board shall then notify the applicant and, if necessary, the bonding company, and take all necessary steps to preserve the Town's rights under the performance guarantee. No plat shall be approved by the Planning Board as long as the applicant is in performance default on any previously approved plat within the Town of Clinton.

§ 206-20 Private and public utilities.

Private water supply and sewage disposal facilities.

Where public water supply and/or sewage disposal facilities are not available, the Planning Board, as a part of subdivision plat review and approval, shall ascertain that each proposed lot and dwelling unit will be adequately served by acceptable privately owned water supply and sewage disposal facilities. The Planning Board may require an engineer's plan subject to review and approval by the Town Engineer. During its review, the Planning Board may consult with the Dutchess County Health Department, the Dutchess County Water and Wastewater Authority, the Dutchess County Planning Department or other agency. Where such subdivision is under its jurisdiction, the Dutchess County Health Department approval is required.

Under Articles 16 and 19 of the Dutchess County Sanitary Code, lots not requiring approval by the Health Department as part of subdivision approval still require approval prior to construction. As a condition for subdivision approval the Planning Board requires a signature on the plat by the Health Department advising: (1) of Health Department approval or nonapproval, or (2) that the subdivision does not require Health Department approval since applicable Health Department permit requirements must be met prior to the issuance of a building permit by the Town of Clinton; a note shall also include verification by the applicant's engineer that there is sufficient area on each lot where on-site water supply and sewage disposal facilities can be located.

Public improvements and utilities.

Placement. Underground improvements required by the Planning Board in accordance with Article IV, § 206-19, and public franchise utilities shall be placed in the road right-of-way between the road paving and the right-of-way line in order to simplify location and repair of the utility lines. Where topography or width of the right-of-way makes such placement impracticable, perpetual unobstructed easements at least 20 feet in width shall be provided for along lot frontages abutting the road lines, with satisfactory access to the road. Wherever possible, easements shall be continuous from block to block and their layout shall be as regular as possible. Before the road is paved and/or dedicated to the Town, the applicant shall install underground service connections for all required improvements and utilities to the property line of each lot within the subdivision. Such improvements shall be subject to inspections by the Town Engineer, at the applicant's expense, during construction. Easements shall be clearly shown on the plat; if across private property, deed restrictions with legal descriptions shall be shown.

Service connections.

Water. Where an appropriate public water main already exists and is physically and legally accessible, the applicant must connect into said main and provide a water connection for each lot in accordance with Article 12 of the New York State 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 applicant shall be required to 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 standards of the Town, as approved by appropriate regulatory agencies. The applicant's design of such connections will be reviewed during the subdivision approval process.

Sanitary sewers. Where an appropriate public sanitary sewer system is reasonably accessible physically and legally, the applicant shall install at his/her expense the necessary connections into the system and provide a sewer connection for each lot, providing a design of such connections during the subdivision approval process.

Storm drainage system.

The applicant shall install all necessary storm drainage sewers and appurtenant facilities at his/her expense, in accordance with any existing standards of the Town and of all authorities having jurisdiction. Where an appropriate storm drainage system is reasonably accessible, the applicant shall make proper connection thereto. Otherwise the applicant 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 put into effect, 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 Town Engineer shall approve the design and size of the drainage facilities based on anticipated runoff from a fifty-year storm under conditions of total potential development permitted by Chapter 250, Zoning, in the watershed.

[3]

If requested by the Planning Board, the applicant's engineer shall also study and report on the effect of the subdivision on the existing downstream drainage system outside the area of the subdivision; and this report shall be reviewed by the Town Engineer. When it is anticipated that the additional runoff incidental to the development of the subdivision will overload an existing downstream drainage facility during a fifty-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.

Utility and drainage easements. Where topography or other conditions make inclusion of utilities or drainage facilities within road rights-of-way impractical, perpetual unobstructed easements at least 20 feet in width for such utilities shall be provided across property outside the road lines and with satisfactory access to the road. Location and ownership of these easements shall be indicated on all reservations and on the final subdivision plat, and no construction shall be allowed thereon.

Existing road. Where the subdivision borders an existing road the Planning Board may require that land be reserved on the subdivision plat to permit any future improvements to be carried out. Similarly, the Planning Board may require in its review of any subdivision plat abutting a user roadway, as defined under § 189 of the New York State Highway Law, the reservation of, or require an easement on, 24.75 feet from the center line of such user roadway for highway purposes or for future utility improvements, and recommend Town Board acceptance of such land when offered for dedication by the applicant. Nothing in this subsection, however, shall be construed to mean that land may be reserved by the Town, unless donated, without due process, or without a determination by the Planning Board that the reservation is required by conditions caused by the proposed development for the regulation of the health, safety and welfare of the public.

Central water supply and sewage disposal. It is the intent of the Town of Clinton that all central sewer and water systems shall be owned and operated by the municipality or by another public authority, such as the Dutchess County Water and Wastewater Authority. As a condition of final approval of a plat where central sewer and/or water systems are to be installed, an improvement district shall be legally formed or extended. Such systems, with appurtenances, shall be offered for dedication to such districts without cost to the district.

Endorsement. The proposed subdivision plat shall be properly endorsed and approved by the Dutchess County Department of Health. Such endorsement and approval shall be secured by the applicant prior to approval of the final plat by the Planning Board.

Local requirements. Dutchess County Department of Health approval shall constitute only the minimum requirement necessary, and where considered essential by the Town and/or other county agencies, a public sanitary and/or water system may be required for any subdivision.