Any subdivider who proposes to develop a subdivision
in the Town of Stanford shall observe all general requirements for
land subdivision as herein provided.
A.
Character of land. Land to be subdivided shall be
of such character that, in the opinion of the Planning Board, it can
be used safely for building purposes without danger to health or peril
from fire, flood or other menace and with a minimum of detrimental
effects on the environment.
B.
Preservation of any significant existing features.
The Planning Board may require in subdivision design and through the
subsequent dedication of conservation easements the preservation of
natural features which add value to residential developments and to
the community, such as large trees or wooded areas, watercourses and
falls, beaches, historic spots and similar irreplaceable assets. In
particular, all natural watercourses shall be protected from development
encroachment by having the required minimum building setback measured
from a point which lies a minimum of 50 feet from the normal streambank
of any river, stream or creek or from the boundary of any Department
of Environmental Conservation-designated freshwater wetland.
C.
Conformance with Zoning Law and Master Plan. Subdivision
plats and improvements provided shall conform to the Zoning Law of
the Town of Stanford and shall be in harmony with the County and Town
Master Plans. In addition, as an extension of the Town Master Plan,
the subdivision plat shall be consistent with the intent and objectives
of the several environmental and cultural protection programs which
may be applicable to the proposed subdivision location.
D.
Minimum lot dimension. No lot in a subdivision shall have less than the minimum lot area and minimum lot dimension required by the Zoning Law for the district in which it is located, unless otherwise provided in the Zoning Law, or unless approved as a flag lot in accordance with § 140-18A(7) of this chapter, or as provided for residential cluster development by § 140-24 of this chapter.
[Amended 5-8-2003 by L.L. No. 3-2003]
E.
Plats with access through other municipalities. Whenever
access to a subdivision is by crossing land in another municipality,
the Planning Board may require assurance from said municipality that
such access is adequately improved or that a legally adequate performance
guaranty has been duly posted and is sufficient in amount to assure
the construction of the necessary road or roads.
F.
Replatting. Replatting of all or part of land covered
by an existing plat which has been laid out prior to compulsory subdivision
plat review, approval and filing shall comply with these regulations
as now required.
G.
Preservation of topsoil. No topsoil shall be removed
from any subdivision in the Town, except that, in areas over which
heavy equipment will be operated, the topsoil shall be stripped and
stockpiled on the property. When final grades have been established
and construction activities have been completed, the entire property
shall be suitably graded and to the extent practicable, recovered
with topsoil except that portion of the site covered by buildings
or included in the roads.
H.
Watercourses. Where a watercourse separates a proposed
street from abutting property, provision shall be made for access
to all lots by culverts or other permanent drainage structures. Where
a subdivision is traversed by a watercourse, drainageway, channel
or stream, there shall be provided a stormwater easement or drainage
right-of-way not less than 30 feet in width. All such structures and
rights-of-way shall be of design and specification approved by the
designated Town Engineer and the Town Highway Superintendent.
I.
Floodplains. If any portion of the land within the
subdivision is subject to periodic inundation or flood hazard caused
by stormwater, this portion shall be clearly indicated on any submissions
required by these regulations. In cases of doubt, the Planning Board
may require the submission of a flood hazard study delineating the
limits of the one-hundred-year floodplain. Such study shall be conducted
by a licensed professional engineer.
(1)
Land subject to flooding and land deemed by the Planning
Board to be otherwise uninhabitable 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.
(2)
Any subdivision, including all proposed improvements
and construction, must comply with all further applicable provisions
of the National Flood Insurance Act of 1968, including all amendments
thereto.
[Amended 5-8-2003 by L.L. No. 3-2003; 4-12-2007 by L.L. No.
1-2007]
The subdivider shall additionally conform to all subdivision design standards as herein provided. These standards shall be considered minimum standards and shall be modified or waived by the Planning Board only as provided for in § 140-27 of these regulations.
A.
Lots.
(1)
Lots to be buildable. The lot arrangement shall be
such that, in constructing a building in compliance with the Zoning
Law, there will be no foreseeable prohibitions to development based
upon soils, topography or other natural conditions, including the
presence of wetlands or floodplain areas.
(2)
Corner lots. Corner lots shall be of sufficient dimensions
so that any structure placed thereon shall conform to the building
setback line on both streets, as well as side yard requirements, for
the zoning district in which the lot is located.
(3)
Minimum lot size. Except as provided by § 140-24 of this chapter in the case of cluster development, and except for permitted flag lots as provided by § 140-18A(7) of this chapter, each lot shall be no smaller than the minimum lot area, lot frontage and lot width required by the Zoning Law 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 Department of Environmental Conservation-designated wetland or a Federal Emergency Management Agency-designated floodplain.
(4)
Driveway grade and design. Driveway grades within
50 feet of the front property line or within 75 feet of the center
line of a user highway shall not exceed 10%, with a suitable negative
grade provided within 20 feet of the intersecting street pavement.
The remainder of the driveway shall be designed and built to afford
suitable access to the building site in accordance with the provisions
of the New York State Uniform Fire Prevention and Building Code and
to prevent adverse impacts from either stormwater drainage or erosion
on the public street or roadway.
(5)
Access from public streets.
(a)
The subdividing of land shall be such as to
provide each lot with satisfactory access for routine and emergency
purposes from the community's system of public streets and roadways.
This access may be provided either directly or by suitably improved
and maintained private streets.
(b)
A lot of less than 300 feet of frontage fronting
on a county or state highway shall be designed as to share a common
curb-cut with an adjacent lot, if either adjacent lot has not been
previously granted a curb-cut permit. When more than three lots are
proposed to be subdivided from a parcel with frontage on a county
or state highway, frontage for all such lots shall be on internal
streets, not on the county or state highway. Each lot permitted to
front on a county or state highway shall provide for an improved on-site
turnaround so as to obviate the necessity of any vehicle from backing
onto such highway. Similar provision for on-site turnarounds on Town
highways shall be encouraged. Any such common curb-cut and/or common
driveway shall be subject to reciprocal easements and suitable maintenance
agreements, which shall be noted by reference on the subdivision plat,
reviewed and approved by the Planning Board and filed in the County
Clerk's office.
(6)
Access from private roads. The Planning Board may
approve private roads to provide access to single-family residential
lots, provided that the Planning Board finds that the proposed subdivision
will protect the rural, scenic and natural character of the Town,
and when such private right-of-way or easement is clearly identified
on the final plat map as being privately owned and privately maintained
and not offered for acceptance by the Town of Stanford. In determining
the appropriateness of a private road, a Planning Board shall consider
whether it will minimize adverse environmental effects on the site,
the length of the road, overall density, proposed offset of driveways,
road grades and center-line radius, present and future setback requirements
and all other generally accepted planning standards. The private road
requirements are as follows:
(b)
Each private road shall directly connect and
have only one access onto an existing Town, county, or state road.
(c)
Common driveways are prohibited on a private
road.
(d)
The maximum number of residential lots gaining
access through any portion of a private road shall be eight. Limited
resubdivision may be authorized by the Planning Board, only to the
extent that the total number of residential lots served by the private
road never exceeds eight.
[Amended 11-10-2022 by L.L. No. 2-2022]
(e)
Lots with frontage on both a private road and
a public road must be designed to gain driveway access from the private
road.
(f)
A turnaround area must be constructed at such
location or locations as the Planning Board may determine. Such turnarounds
shall be of sufficient size to accommodate emergency vehicles.
(g)
The boundary of each lot served by a private
road shall extend to the center line of the private road with the
right-of-way for ingress and egress across the private road granted
to each lot served by such road. These setbacks for structures on
the private road shall be measured from the edges of the easement
for the private road.
(h)
A permanent access easement shall be granted
to the Town allowing access at all times to Town vehicles, Fire Department
vehicles and to such other emergency vehicles as the Town may designate.
(i)
A homeowners' association (HOA) or other mechanism
acceptable to the Planning Board and the Town Attorney must be created
to own and provide for the perpetual care and maintenance of the private
road. The Planning Board shall have discretion to determine whether
a performance bond must be posted by the applicant to ensure the proper
completion of the private road and, if so, how much the performance
bond shall be and what form it should take.
[Amended 11-10-2022 by L.L. No. 2-2022]
(j)
Such HOA or other mechanism must have the power
to assess the subdivision lot owners for their share of the maintenance
costs of the private road. The HOA or other mechanism shall ensure
that the road will always be maintained and kept open to permit emergency
vehicle access.
[Amended 11-10-2022 by L.L. No. 2-2022]
(k)
In the event that the HOA or other mechanism
does not ensure that the road is properly maintained, the Town of
Stanford may assume maintenance responsibilities and charge the HOA
or lot owners for all reasonable costs thereof. Such costs, if unpaid
for more than 60 days, shall, along with attorneys’ fees for
their collection, become a lien on the lots and be enforceable in
the same manner as a property tax lien.
[Amended 11-10-2022 by L.L. No. 2-2022]
(l)
The private road can only be offered for dedication
to the Town of Stanford if it conforms to the Town highway specifications
for private roads in effect on the date of the offer of dedication.
However, the Town Board shall be under no obligation to accept such
an offer of dedication, even if the road conforms to Town highway
specifications. In the event such dedication becomes necessary to
ensure public safety, the cost of bringing the road up to Town highway
specifications shall be borne by the HOA, if any, or by the lot owners,
as the case may be.
[Amended 11-10-2022 by L.L. No. 2-2022]
(m)
The subdivision plat shall show the road clearly
labeled "private road."
(7)
Flag lots. Flag lots may be considered by the Planning Board as an alternative to a conventional lot configuration. In instances where the Planning Board does consider such modification of conventional lot configurations by flag lots so as to permit reasonable use of the land, protect and enhance vital natural, scenic and environmental resources, and where it is possible to do so without adverse environmental impact, conflict with the goals of the Town's Master Plan or contravene the public health, safety and welfare, certain lots of less than the minimum lot dimensional standards prescribed in § 164-9 of the Town Zoning Code may be authorized in all zoning districts for all permitted uses and deemed to be conforming lots, subject to the standards and criteria hereinafter set forth.
(a)
Site criteria. Consideration by the Planning
Board to allow flag lot layouts shall be based on the following site
qualifications:
[1]
That for reasons of topography, land form, existing
lot patterns, and available lot frontage, it is reasonable to create
a flag lot;
[2]
A flag lot will provide for the preservation
of natural and scenic resources and natural landmarks, when applicable;
[3]
A flag lot will not increase permitted land
use density;
[4]
A flag lot will conform to the principles of
the Town's Master Plan;
[5]
A flag lot will not create problems with road
access or cause traffic conflicts; and
[6]
A flag lot will provide for adequate, safe traffic
patterns and emergency services accessibility.
(b)
General standards. Approval of a flag lot shall
be based on the Planning Board's review of compliance with the following
standards and criteria:
[1]
Except in the case of a minor subdivision, or
a major subdivision proposing four lots or fewer serviced by a private
street or road, the maximum number of flag lots allowed in a subdivision
shall be determined at the sole discretion of the Planning Board,
based on application of qualifying site criteria and reasonableness
of the proposed layouts, with due consideration of existing and future
planning significance.
[2]
With regard to a minor subdivision, or a major subdivision proposing four lots or fewer serviced by a private street or road, unless otherwise previously restricted, the following numbers of flag lots shall be permitted on lots existing as of May 8, 2003, with the following acreage limitations: one flag lot for existing lots up to 20 acres; two flag lots for existing lots over 20 and up to 40 acres; three flag lots for existing lots over 40 and up to 60 acres; four flag lots for existing lots over 60 acres, provided that in the case of a minor subdivision, the center line of the driveways and/or shared driveways (whichever type is preferred by the applicant) are a minimum of 50 feet apart. For clarification purposes, a subdivision proposing four lots or less serviced by a private street or road is considered a major subdivision, as same is defined in § 140-3 of this chapter, and is permitted. In the event such subdivision is requested by an applicant, the above-mentioned acreage limitations are applicable.
[3]
Proposed subdivision(s) of four lots or fewer,
whether proposed at the time of application or having been created
in the aggregate by the original owner of the parent parcel or his
successors, subsequent to the May 8, 2003, adoption of these flag
lot provisions, located in the CR, AR, RR, and the Upton Lake LR Districts
may have minimum flag lot areas of five acres, without credit for
the area of the access strip leading to the buildable portion of the
flag lot. The minimum area of a flag lot in all other types of subdivisions
and in all other districts shall be at least two times the minimum
lot area required in the applicable zoning district without credit
for the area of the access strip leading to the buildable portion
of the flag lot. The buildable portion of a flag lot shall be considered
the flag rear portion of the lot, which does not include the land
access strip, which is known as the "flag pole" portion of the lot.
[4]
All yard setback requirements must be maintained in the flag portion of the flag lot. For purposes of determining front yard setbacks, the "front yard" of a flag lot shall be defined as the yard extending across the principal street side of the flag portion of a flag lot measured between the side yard lines and along a line parallel with the adjacent front lot(s)'s rear property line. The minimum depth of a front yard in a flag lot shall be the minimum front yard dimension as specified for the applicable zoning district in Chapter 164, Zoning, at § 164-9, District Schedule of Area and Bulk Zoning Regulations, with measurements taken from the rear property line of the adjacent front lot(s) toward the rear of the flag lot and along a line perpendicular to the adjacent front lot(s)'s rear property line;
[5]
The flag pole portion of the lot shall have
a minimum width of 15 feet, and to greater widths where necessary
to construct and maintain a driveway that provides accommodation for
site topography and other natural features. Flag lot access strips
shall not exceed 48 feet in width at the lot frontage.
[6]
In the case of a major subdivision, two contiguous flag lots must use a shared driveway. Three or four contiguous flag lots must use a common drive. Shared and/or common driveways shall have maintenance agreements acceptable to the Planning Board. Common driveways shall conform to the requirements of § 140-26, Common driveways.
[7]
A maximum of four contiguous flag lot land access
strips may abut.
[8]
In the case of a major subdivision, except as
otherwise permitted in § 140-18(7)(b)[2], a minimum separation
distance of twice the minimum lot width of the applicable zoning district
is required between nonabutting flag lot land access strips at their
intersection with the public roadway.
[9]
Flag lot access driveways and shared driveways shall accommodate adequate and safe access by service and emergency vehicles, based both on generally accepted engineering standards and on the opinion of the Planning Board, with due consideration of advisory opinions based on generally accepted engineering standards as well as other applicable data from the Town of Stanford Building Inspector and the Town of Stanford Fire Department. The Town of Stanford Building Inspector and/or the Town of Stanford Fire Department may give advisory opinions or shall have the option to refer the matter back to the Planning Board's consulting engineer to give a determination of adequate emergency access. Such consulting fees shall be paid from the applicant's escrow account. Common driveways shall be constructed in accordance with the requirements of § 140-26.
(c)
Application review requirements.
[1]
No subdivision plat that includes flag lots
shall be approved unless and until the Planning Board reviews the
specific site conditions that might warrant consideration for permitting
a flag lot, based on the Planning Board's evaluation of a conceptual
layout sketch which must be submitted by the applicant in advance
of the sketch plan subdivision submittal procedures. Such a conceptual
layout sketch shall be drawn to a convenient scale and include site
topography, the general location and character of natural landmarks
and natural resources, existing driveway locations, and proposed buildable
area site features.
[2]
Prior to determining whether to approve a flag
lot, the Planning Board shall refer the preapplication sketch of the
flag lot layout proposal to the Town of Stanford Building Inspector
and the Town of Stanford Fire Department for an advisory opinion regarding
adequate emergency services access and safety issues based on acceptable
engineering standards as well as other applicable data. The Town of
Stanford Building Inspector and/or the Town of Stanford Fire Department
may give advisory opinions or shall have the option to refer the matter
back to the Planning Board's consulting engineer to give a determination
of adequate emergency access. Such consulting fees shall be paid from
the applicant's escrow account.
(d)
Standard subdivision plan notes. The following
plan notes must be added to the final plan of subdivisions that incorporate
flag lot layouts:
[1]
Access driveways must adequately accommodate
the operational requirements for a standard fire truck.
[2]
The residence street address shall be prominently
displayed at the access driveway entrance at the public road.
[3]
No further subdivision, nor modification of the access strip within 50 feet of the lot frontage, is permitted for any new flag lot(s) created subsequent to May 8, 2003, with 48 feet or less frontage. Unless previously restricted, existing lots of record deemed flag lots, by virtue of the definition of "lot, flag" in these adopted regulations of May 8, 2003, will not be prohibited from further subdivision nor modification of the access strip within 50 feet of the lot frontage, subsequent to the creation of said new flag lot(s), if the remaining portion of the parent parcel has sufficient acreage and access frontage. This shall not prevent boundary line alterations designed to maintain or increase the buildable area of a flag lot, where no new lots are created and as long as the applicable minimum area and bulk regulations of Chapter 164, § 164-9 are maintained.
[4]
A certified as-built plan, drawn to a convenient
scale, indicating the horizontal and vertical location of the constructed
driveway, including a driveway profile with center line grades indicated
thereon, shall be prepared by a qualified professional and submitted
to the Town of Stanford Building Inspector.
[5]
No flag lot access strips, portions thereof,
or combinations thereof, shall be accepted by the Town for dedication
as a Town road.
(e)
This subsection shall not affect any application
before the Planning Board which has preliminary approval as of May
8, 2003.
B.
Streets.
(1)
General objectives. Streets shall be of sufficient
width, suitably located and adequately located and adequately constructed
to accommodate the prospective traffic and normal road maintenance
equipment. The arrangement of streets shall be coordinated such that
they compose a convenient system, cause no undue hardship to adjoining
properties and render to property inaccessible from an existing street
or from a proposed street in a subdivision for which a completion
bond or similar performance guaranty has been posted.
(2)
Arrangement of streets. To the extent practicable,
the arrangement of streets in the subdivision shall provide for the
continuation of principal streets of adjoining subdivisions, and for
proper projection of principal streets into adjoining properties which
are not yet subdivided, by use of stub streets, in order to make possible
necessary fire protection, movement of traffic and the construction
or extension, presently or when later required, of needed utilities
and services. Any stub street or other intended through street shall
be constructed wholly to the property line and shall be provided with
a temporary turnaround with a pavement radius of at least 40 feet.
A note on the subdivision plat shall state that the land included
within the turnaround which is outside the normal street right-of-way
shall revert to abutters upon continuation of the stub street and
shall be regraded and seeded.
(3)
Street connections. Subdivisions containing 20 or more lots or which provide for the development of 20 or more dwelling units shall have at least two connections with existing public streets, with streets shown on the Town's Official Map as may be developed in accordance with § 270 of the Town Law or streets shown on an approved subdivision plat for which a performance bond or similar performance guaranty has been posted. Rural-type residential (low-volume) roads (as defined in Chapter 138, Article III, § 138-19 in the Town Code) shall not provide direct access to more than 25 single-family lots, including existing and potential future single-family lots.
(4)
Cul-de-sac streets.
(a)
Cul-de-sac streets shall not be created to provide
access to residential lots except in situations where, in the view
of the Planning Board, a through street cannot reasonably be provided
due to the physical characteristics of the subdivision parcel and
adjoining properties. Where a cul-de-sac street is authorized, either
as a permanent dead-end street or as a temporary dead-end street pending
completion of a through road network, not more than 12 single-family
residential lots may gain access from such cul-de-sac street.
(b)
A cul-de-sac street shall be restricted to a
maximum grade of 10%, with a maximum grade of 3% within the dead and
turnaround area.
(c)
A turnaround with a right-of-way radius of at
least 55 feet and a pavement radius of at least 40 feet shall be provided
at the end of any cul-de-sac or permanent dead-end street. The cul-de-sac
shall otherwise be governed by all stated requirements of the Town's
Highway Specifications.
(d)
Minimum design standards. Streets roads and sidewalks and related improvements shall be laid out and constructed in accordance with the minimum design standards prescribed in the Chapter 138, Article III, Street and Road Specifications in the Town Code, and incorporated by reference in these regulations.
C.
Parks and public open space. Adequate lands for parks
and other common open space purposes shall be provided in any subdivision
of land for residential purposes throughout the Town of Stanford.
(1)
Amount of land reserved. In general, the Planning
Board shall require that 10% of the total land area within the subdivision
be set aside and shown on the plat for park and common open space
purposes, including trails and other linkages between neighborhoods.
All lands designated on the plat as park 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
and/or professional engineer on the plat prior to final plat approval
and subsequent recording of the plat in the office of the Dutchess
County Clerk.
(2)
Information to be submitted. In the event that an
area to be used for park or common open space is required to be shown,
the subdivider shall submit, prior to final plat approval, to the
Planning Board drawings at a scale of not less than 20 feet to the
inch of any portion of such area intended for active recreation or
park development, including the following features thereof:
(a)
The boundaries of said area, giving lengths
and bearings of all straight lines; and radii, lengths, central angles
and tangent distances of all curves.
(b)
Existing features such as streams, ponds, clusters
of trees, rock outcrops and structures, existing and proposed.
(c)
Existing and, if applicable, proposed changes
in grade contours of said area and of the area immediately adjacent,
for a distance of not less than 100 feet, with such contours to be
at an interval of not more than two feet.
(d)
Plans for improvements of said area, not limited
to grading, seeding, fencing, landscaping, the provision of play and
related equipment and the address of conditions relating to the protection
of the public health and safety.
(3)
Payment in lieu of 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 and other public open space purposes would
be deemed unreasonable or undesirable by the Planning Board, the Planning
Board shall alternatively require, under § 277 of the Town
Law, that a payment be made to the Town Recreation Trust Fund, a special
fund established for Town recreation site acquisition and/or improvement,
in lieu of such land dedication or reservation within the subdivision.
Such payment shall be a condition of approval of the final plat and
shall be assessed as a per lot or per dwelling unit basis in accordance
with the subdivision fee schedule established and annually reviewed
by the Town Board upon recommendation of the Planning Board. This
fee shall not apply to any proposed lot presently developed with a
residential structure and legally occupied within the past 12 months
for residential purposes. No final plat shall be signed by the Chairman
of the Planning Board until such payment has been received by the
Town Clerk and receipt therefor provided to the Planning Board.
D.
Public improvements and utilities.
(1)
Placement. Underground improvements required by the Planning Board in accordance with Article IV, § 140-12, and public franchise utilities shall be placed in the street right-of-way between the street paving and the right-of-way line. Where topography makes such placement impracticable, perpetual unobstructed easements at least 20 feet in width shall be provided for along lot frontages abutting the street lines, with satisfactory access to the street. Wherever possible, easements shall be continuous from block to block, and their layout shall be as regular as possible. Subject to the discretion of the Town Board, an underground public improvement or utility operated for revenue by the Town or by a special district may be installed by the Town in a private street, provided that a public easement of satisfactory size is obtained for such improvement or utility. Before the street is paved, the subdivider shall install underground service connections for all required improvements and utilities to the property line of each lot within the subdivision.
(2)
Service connections.
(a)
Water. Where an appropriate public water main
already exists and is physically and legally accessible, the subdivider
may connect into said main and provide a water connection for each
lot in accordance with Article 12 of the Town Law, the Public Health
Law and other applicable laws, rules and regulations. Where an appropriate
water main does not exist or is not accessible, the subdivider shall
install at his own expense such main, together with all necessary
valves, cutoffs, fire hydrants, pumps, storage tanks, meters and other
equipment necessary to make such water system conform to the standards
of the Town.
(b)
Sanitary sewers. Where an appropriate public
sanitary sewer system is reasonably accessible physically and legally,
the subdivider shall install at his expense the necessary connections
into the system and provide a sewer connection for each lot.
(c)
Storm drainage system.
[1]
The subdivider shall install all necessary storm
drainage sewers and appurtenant facilities at his expense, in accordance
with standards of the Town and of all authorities having jurisdiction.
Where an appropriate storm drainage system is reasonably accessible,
the subdivider shall make proper connection thereto. Otherwise the
subdivider shall provide appropriate means and methods for stormwater
runoff satisfactory to the Planning Board and all other authorities
having jurisdiction. In either event, the storm drainage facilities
provided shall be fully consistent with storm drainage design standards
which may be promulgated and from time to time reviewed and modified
by the Planning Board.
[2]
The drainage system shall be large enough to
accommodate potential runoff from the entire upstream drainage area,
whether inside or outside of the subdivision. The designated Town
Engineer shall approve the design and size of facilities based on
anticipated runoff from a fifty-year storm under conditions of total
potential development permitted by the Zoning Law in the watershed.
The cost of a culvert or other drainage facility in excess of that
required for the particular subdivision may be deemed to be the responsibility
of the Town or may be prorated among the upstream property owners.
[3]
The subdivider's engineer shall also study and
report on the effect of each subdivision on the existing downstream
drainage system outside the area of the subdivision, and this report
shall be reviewed by the designated Town Engineer. When it is anticipated
that the additional runoff incident to the development of the subdivision
will overload an existing downstream drainage facility during a 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.
[4]
A drainage analysis shall be prepared and submitted to the Planning Board for review in accordance with the standards and criteria specified in Chapter 138, Article III § 138-28 in the Town Code. Erosion and sediment control plans shall be prepared for all projects that propose land disturbance, and evidence of strict compliance with the NYSDEC’s Stormwater SPDES General Permit requirements, when applicable, must be submitted for the Planning Board’s review and approval prior to final subdivision approval.
E.
Realignment or widening of existing streets. Where
the subdivision borders an existing street proposed for realignment
or widening, the Planning Board may require that land be reserved
on the subdivision plat to permit the proposed improvement to be carried
out. Similarly, the Planning Board shall require in its review of
any subdivision plat abutting a user roadway, as defined under § 189
of the Highway Law, the reservation of 24.75 feet from the center
line of such user roadway for highway purposes and recommend Town
Board acceptance of such land when offered for dedication by the subdivider.
F.
Private water supply and sewage disposal facilities.
(1)
Where public water supply and/or sewage disposal facilities
are not available, the Planning Board shall ascertain as a part of
subdivision plat review and approval that each prospective lot and
dwelling unit may be adequately served by acceptable water supply
and sewage disposal facilities and ensure that all such on-site water
supply and sewage disposal facilities shall be designed and installed
in accordance with the requirements of the Dutchess County Health
Department.
(2)
To the extent authorized by the Public Health Law and the Dutchess County Health Department, the Planning Board may, in accordance with Article X of these regulations, waive this requirement for proposed lots in excess of five acres and instead accept a note on the plat advising of applicable Health Department permit requirements which must be met prior to the issuance of a building permit by the Town of Stanford.
G.
Street trees. Trees shall be planted on both sides
of a newly installed street or roadway, in locations approved by the
Planning Board, except where unnecessary due to the presence of significant,
preservable existing vegetation, which shall be identified on the
subdivision plat. Street trees shall generally:
(1)
Be located near the property line and be spaced approximately
50 feet apart, subject to variations made necessary by driveways and
street corners as well as by the species of trees planted;
(2)
Have a caliper of three inches or larger measured
at breast height and be not less than 10 feet in overall height; and
(3)
Be approved as to species by the Planning Board.
