Pursuant to resolution of the Town Board, the Planning Board is empowered to modify to the extent provided within Article V, § 164-23, of the Zoning Law applicable provisions of said law in accordance with the provisions of § 281 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands. The following shall be the standards and procedure utilized by the Planning Board in reviewing applications for approval of a cluster subdivision within the Town of Stanford.
B.
Sketch plat.
(1)
A subdivider shall present, along with the proposed
cluster sketch plat in accordance with the provisions of § 281
of the Town Law, a standard sketch plat which is consistent with all
the criteria established by these, Subdivision Regulations, including
lots being fully consistent with the Zoning Law.
(2)
Upon review of the standard sketch plat, the Planning
Board shall, by resolution, determine the number of lots that could
be accommodated on the land under a conventional subdivision approach
and, thus, the maximum number of lots or dwelling units that would
be authorized through application of the cluster subdivision concept.
C.
Lands for park, recreation, open space or other community
purposes. Conditions regarding the long-term ownership, use, maintenance
and permanent protection of all common lands within a cluster subdivision
shall be set forth by the subdivider in consultation with the Planning
Board. The following minimum standards shall be strictly met:
(1)
The open space land, which shall be not less than
75% of the area of the tract in a five-acre density area or 55% of
the tract in a less-restricted density area, shall be shown on the
plat and shall be labeled in a manner to indicate that such land is
not to be platted for building lots and is permanently reserved for
open space purposes.
(2)
A perpetual conservation easement leaving the open
space land forever wild or limiting use of such open space land to
agricultural, managed forest land, passive recreational or open space
use and prohibiting residential, industrial or commercial use of such
open space land, pursuant to § 247 of the General Municipal
Law and/or §§ 49-0301 through 49-0311 of the Environmental
Law, shall be granted to the Town, with the approval of the Town Board,
or to a qualified not-for-profit conservation organization acceptable
to the Planning Board. Such conservation easement shall be reviewed
and approved by the Planning Board and be required as a condition
of plat approval hereunder, shall not be amendable to permit commercial,
industrial or residential development and shall be recorded in the
Dutchess County Clerk's office simultaneously with the filing of an
approved cluster subdivision plat.
(3)
Open space land may be owned in common by a homeowners'
association, dedicated to the Town, or held in private ownership subject
to a permanent conservation easement. If owned by a homeowners' association,
the common open space land shall be protected by conservation easement
from future subdivision and development. The Planning Board shall
assure that proper provision has been made for ownership and maintenance
of the open space land. Ownership shall be structured in such a manner
that real property taxing authorities may satisfy property tax claims
against the open space lands by proceeding against all individual
owners in the homeowners' association and the dwelling units they
each own. Ongoing maintenance standards shall be established, enforceable
by the Town against an owner of open space land as a condition of
subdivision approval, to assure that the open space land does not
detract from the character of the neighborhood.
D.
Plat submission. Upon determination that such sketch
plat is suitable for the procedures under § 281 of the Town
Law and subsequent resolution by the Planning Board authorizing the
subdivider to proceed, a preliminary plat meeting all of the requirements
of the resolution shall be presented to the Planning Board within
six months, and thereafter the Planning Board shall proceed with the
required public hearings and satisfy all other procedural requirements
of these regulations.
E.
Filing; notation on Zoning Map. On the filing of a
final plat in the office of the Dutchess County Clerk in which § 281
of the Town Law has been used, the subdivider shall file a copy with
the Town Clerk, who shall make appropriate notations and reference
thereto on the Town Zoning Map. The Clerk of the Planning Board shall
notify the Building Inspector when such a subdivision plat is filed.
Pursuant to the resolution of the Town Board,
the Planning Board is further empowered to modify to the extent provided
within the Zoning Law applicable provisions of said law for the purpose
of encouraging the preservation of large tracts of open space by affording
flexibility to landowners in road layout and design and road frontage
requirements, if and only if such landowners commit to the permanent
preservation of significant open space resources. The following shall
be standards and procedure utilized by the Planning Board in reviewing
applications for approval of a conservation density subdivision within
the Town of Stanford.
A.
Location. A conservation density subdivision may be
created in the CR, AR and RR Zoning Districts.
B.
Minimum lot area. A conservation density subdivision
shall require a minimum lot area of five acres and a minimum average
lot area of 25 acres. All lots created within a conservation density
subdivision shall be permanently restricted by a conservation easement
from further subdivision and shall, by virtue of the expressed language
of said easement, be restricted to the development of one principal
single-family dwelling unit and permitted accessory buildings and
structures per approved lot, including a guest cottage, except as
may be otherwise authorized on active farm parcels.
[Amended 11-10-2022 by L.L. No. 2-2022]
C.
Maximum number of lots. The maximum number of lots
and/or principal residences within a conservation density subdivision
shall be eight.
[Amended 11-10-2022 by L.L. No. 2-2022]
D.
Conditions for waiver of road frontage requirements
and authorization of private roads. In a conservation density subdivision,
the Planning Board may waive the requirement for lot frontage on a
public road and may permit the construction of private roads to lesser
specifications than normally required for Town roads, provided that
the following conditions are met:
(1)
All road designs must be approved by the Planning
Board and the Town Engineer. Specifications for such roads shall be
adequate to service the maximum number of lots that can be developed
on such roads, as provided on the plat and in the restrictions on
future subdivision. Unpaved roads may be permitted, provided that
all other Town highway specifications except those related to the
pavement surface and pavement width are met.
(2)
A homeowners' association or other mechanism acceptable
to the Planning Board and the Town Attorney must be created to maintain
all private roads and must have adequate powers to collect funds needed
to assure road maintenance, including the ability to impose liens
against all lot owners. The adequacy of the homeowners' association
or other documents shall be reviewed and approved by the Town Attorney.
(3)
The homeowners' association or other documentation
and conservation easements shall state that the private roads may
not be deeded to the Town unless they are improved to Town highway
specifications at the sole cost of the lot owners, each sharing equally
in the cost of such upgrading of the road, which costs may be made
a lien against the property.
(4)
All reasonable engineering and legal costs for Town
review of the adequacy of the road designs, conservation easements
and homeowners' association or other documents shall be paid by the
applicant for a conservation density subdivision.
(5)
The subdivider should also consider the applicability
of § 352-e and related sections of Article 23-A of the General
Business Law of the State of New York, and whether the filing of an
Offering Plan or other submission with the Attorney General's
office or the receipt of a no action letter from that office may be
required.
[Amended 11-10-2022 by L.L. No. 2-2022]
[Added 9-13-1990[1]]
The following criteria are established as the
minimum acceptable local standards for the design, construction and
approval of common driveways within the Town of Stanford:
A.
That the term "common driveway" be defined as a private
street providing access from not more than four single-family residential
lots to a public roadway.
[Amended 5-8-2003 by L.L. No. 3-2003]
B.
That such common driveway intersects the public roadway
at a location and in a design configuration satisfactory to the New
York State Department of Transportation, the Dutchess County Department
of Public Works or the Town of Stanford Highway Superintendent, whichever
party or agency shall have jurisdiction in the matter.
C.
That the common driveway be situated within a mapped
right-of-way or easement not less than 36 nor more than 48 feet in
width.
D.
That, except as provided below, the common driveway
be constructed to a minimum grade of 1.0% to facilitate drainage and
to a maximum grade of 12% to facilitate vehicular movement, particularly
under adverse weather conditions.
(1)
A maximum grade of 3% shall, however, be authorized
within 50 feet of the right-of-way line of the intersecting highway
or within 75 feet of the center line of the intersecting highway,
if a user road. In addition, horizontal alignment shall be governed
by the authority having jurisdiction over the intersected highway.
(2)
A maximum grade of 15% may be authorized for limited
straightaway sections of the common driveway which, individually,
do not exceed 150 feet in length or, in the aggregate, exceed 20%
of the total length of the common driveway.
E.
That the common driveway be improved, surfaced and
maintained to a cartway width of not less than 16 feet and graded
to a width of not less than 24 feet.
F.
That the common driveway be designed with a minimum
center line radius of 100 feet and that the minimum tangent distance
between reverse curves be 50 feet.
G.
That the common driveway subbase depth and material
be specified by the subdivider's engineer in accordance with the American
Association of State Highway and Transportation Officials' rating
of the underlying soils, with 12 inches of mechanically compacted
subbase being the minimum acceptable depth.
H.
That side slopes be restricted to a maximum of one
vertical to three horizontal in fill sections and to one vertical
to two horizontal in stabilized cut sections within 12 feet of the
common driveway's minimum graded width of 24 feet. If a steeper slope
exists or will be created, the use of retaining structures on the
uphill side of the common driveway and guide rails on the downhill
side shall be required. In these instances, grading easements may
also be required beyond the width of the common driveway right-of-way
or easement.
I.
That the common driveway include suitable drainage
improvements and erosion control measures.
(1)
These shall achieve the following objectives:
(a)
Maintain natural drainage flow.
(b)
Protect the structural integrity of the common
driveway improvement.
(c)
Prevent erosion and sedimentation both during
construction and over the life of the common driveway improvement.
(d)
Provide for appropriate placement of topsoil
and the seeding of all disturbed areas associated with the common
driveway, including any on-site spoil areas which may be used.
(2)
Appropriate reports and documentation shall be submitted
for the review and approval of the Town Engineer demonstrating the
adequacy of the proposed drainage improvements under a minimum design
storm of 25 years, 24 hours.
J.
That any extension of the mapped right-of-way or easement
area required to accommodate the long-term maintenance of side slope
improvements, drainage improvements and permanent erosion control
measures be similarly mapped and shown on the subdivision plat.
K.
That the common driveway surface be constructed per
the typical cross-section detail except where the common driveway
grade exceeds 10% at any location or exceeds 5% within 200 feet and
uphill of the right-of-way of the intersecting public highway, in
which case the affected portion shall be paved to the satisfaction
of the Planning Board and upon recommendation of the Town Engineer.
All driveway surfaces shall be crowned.
L.
That the common driveway shall be improved with a
hammerhead turn-around suitable for maneuvering a fire truck at the
point the common driveway terminates (i.e. at the point the common
driveway becomes a private driveway serving only one residence.) The
applicant shall obtain a letter from the responsible Fire Department
having jurisdiction in the area of the subdivision providing that
Department's review comments on the acceptability of the proposed
design of the common driveway as an accessway for emergency vehicles.
The hammerhead turnaround shall not exceed a maximum grade of 2%.
M.
That the common driveway be subject to a road maintenance
agreement, acceptable to the Town Planning Board, in accordance with
the following guidelines:
(1)
The Town of Stanford Planning Board considers suitably-drafted
maintenance agreements essential to provide for the long-term ownership
and maintenance of common driveways serving lots with frontage on
public highways. The agreement for the long-term ownership and maintenance
of the right-of-way and associated common driveway should, in each
instance, include at a minimum the following features:
(a)
The described common driveway should be clearly
defined and dimensioned, and the lots affected should be clearly identified.
This should be done by making specific reference in the agreement
to the final subdivision map or plat.
(b)
A permanent easement and right-of-way over and
upon the common driveway for access, with and without vehicles, should
be granted to each lot affected.
(c)
There should be an affirmative covenant that
the common driveway and all associated improvements, such as bridges,
guide rails and drainage structures shall be maintained in a good
and passable condition under all traffic and weather conditions and
kept open so that fire-fighting equipment and other emergency vehicles
can reach the individual access driveways.
(d)
There should be an equitable apportionment of
the expenses of maintenance, repair and/or restoration of the common
driveway among the lot owners which obligation should be clearly and
completely set forth.
(e)
The agreement should be designed to run with
the land and be appurtenant thereto in perpetuity and should be binding
on and enforceable by all lot owners affected thereby.
(f)
There should be a clear statement that the Town
shall have no liability or responsibility for the care and maintenance
of said common driveway.
(g)
The agreement should be acknowledged before
a notary public by all parties who are vested at the time of execution
and own a fee interest in either the common driveway or any of the
affected lots, and should be duly recorded in the Dutchess County
Clerk's office at the time of filing of the subdivision plat.
(2)
The final subdivision plat should also contain a notation
to the effect that the common driveway is a private drive and that
all lots or house sites to which access is gained from such common
driveway are subject to a common driveway maintenance agreement which
is a condition of approval. The resolution granting final approval
of the plat should set forth the minimum requirements of the common
driveway maintenance agreement. The common driveway maintenance agreement
might also contain other or further terms and provisions at the discretion
of the subdivider and/or the Planning Board.
(3)
The subdivider should also consider the applicability
of § 352-e and related sections of Article 23-A of the General
Business Law of the State of New York and whether the filing of an
Offering Plan or other submission with the Attorney General's
office or the receipt of a no action letter from that office may be
required.
[Amended 11-10-2022 by L.L. No. 2-2022]
N.
That, in addition to the data required to comply with
the above-noted guidelines, the common driveway maintenance agreement
include a reasonable estimate based on current dollars of the annual
charges to each of the participating lot owners for maintenance of
the common driveway and for the cost that would be incurred for replacing
any of the significant elements of the common driveway, e.g., a bridge
or culvert structure, which could be severely damaged by an act of
nature.
O.
That the common driveway be designed and installed
by the subdivider as a required improvement within the subdivision,
and that final plat approval be withheld by the Planning Board until
the common driveway has been satisfactorily installed or made the
subject of a performance guaranty in accordance with the provisions
of § 277 of the Town Law.
P.
That the installation of the common driveway be inspected
and approved by the Town Engineer and that the work at the point of
intersection with the public roadway be further inspected and approved
by the New York State Department of Transportation, the Dutchess County
Department of Public Works or the Town of Stanford Highway Superintendent,
whichever shall have jurisdiction in the matter, for conformance with
previously-reviewed plans and the conditions established within the
previously-issued access or work permit.
Q.
That the common driveway be approved by the Town of
Stanford Building Inspector as suitable to meet the access criteria
established by § 280-a of the Town Law, which criteria must
be met in the judgment of the Town Building Inspector as a condition
precedent to the issuance of a building permit.
R.
That a conservation easement be granted to the Town
of Stanford, or similar binding covenant be provided, limiting further
subdivision of the lots which gain access via the common driveway.
(1)
This shall be regulated as set forth below:
(a)
If the number of lots served by the common driveway
is four, no further subdivision of any of the lots shall be authorized.
(b)
If the number of lots served by the common driveway
is fewer than four, limited resubdivision may be authorized, but only
to the extent that the total number of lots served by the common driveway
never exceeds four.
(2)
This conservation easement shall be accepted by the
Town of Stanford or the similar binding covenant approved by the Town
Planning Board prior to the approval of the final plat and shall be
filed in the Dutchess County Clerk's office at the time of filing
of the approved plat. Should the applicant fail to file the conservation
easement or other approved document in a timely manner and prior to
the sale of any of the lots which gain access from the common driveway,
the Town Planning Board shall move to have the approved plat stricken
from the records of the County Clerk's office.
S.
The maximum length of the common driveway shall be 2,000 feet, provided that the criteria for the design, construction and approval of common driveways set forth in this section have been satisfied. The Planning Board may, however, restrict the common driveway length to less than 2,000 feet on a case-by-case basis where the Board specifically finds that extraordinary circumstances are present that were neither addressed nor anticipated by the general design, construction and approval criteria set forth herein and that such further restriction is necessary in its view to protect the public health, safety and welfare to achieve the objectives set forth in § 140-2 of this chapter.
T.
That the applicant shall submit necessary plans, profiles,
sections, grading plans and details for Planning Board review so as
to demonstrate that the proposed common driveway improvement will
comply with all above-stated design and construction criteria and
with the explanatory material which follows:
A.
Waiver of specific improvements. The Planning Board
may waive upon specific request and by specific resolution, subject
to appropriate conditions and guaranties, for such period as it may
determine, the requirements of these regulations relative to the provision
and design of any or all required improvements which, in its judgment
of the special circumstances of a particular plat or plats, are not
requisite to the interests of the public health, safety and general
welfare of the Town or are not appropriate because of the inadequacy
or lack of connecting facilities adjacent to or in the proximity of
the proposed subdivision.
B.
Modification of specific requirements. Where the Planning
Board finds that compliance with these regulations would cause unusual
hardship or extraordinary difficulties to the applicant because of
exceptional and unique conditions of topography, access, location,
shape, size, drainage or other physical features of the site, the
minimum requirements of these regulations may be modified upon specific
request and by specific resolution of the Planning Board to mitigate
the hardship, provided that the public interest is protected and the
development is in keeping with the general spirit and intent of these
regulations. The Planning Board may additionally modify the specific
requirements of these regulations in situations where, due to the
unique circumstances of a particular tract, strict application of
these regulations would inhibit achievement of the Town's Master Plan
objectives, provided that public health, safety and welfare are protected
and the requirements of the Town's Zoning Law are wholly met.
C.
Review of decisions of the Planning Board. Any officer,
department, board or bureau of the Town, with the specific approval
of the Town Board, or any person or persons jointly or severally aggrieved
by any decision of the Planning Board concerning a plat decision may
bring a proceeding to review such decision in the manner provided
by Article 78 of the Civil Practice Law and Rules in a court of record
on the ground that such decision is illegal in whole or in part. Such
proceeding must be commenced within 30 days after the filing of the
decision in the office of the Town Clerk. Commencement of such proceeding
shall stay all further proceedings upon the decision appealed from.
D.
Modification of flag lot layout requirements. In situations where, due to the unique circumstances of a particular tract, strict application of the flag lot regulations, as provided for in § 140-18A(7) of this chapter, would inhibit achievement of the Town's Master Plan objectives, the Planning Board is empowered to modify the criteria, standards, and review requirements for flag lot layouts, for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands, provided that public health, safety and welfare are protected and the intent of the Town's Zoning Law is fulfilled.
[Added 5-8-2003 by L.L. No. 3-2003]
The sole officer authorized to sign approved
subdivision plats is the Chairman of the Planning Board or, in his
absence, the Vice Chairman. The Clerk of the Planning Board is authorized,
however, to carry out any ministerial acts on behalf of the Planning
Board or its Chairman that are required by these regulations.
No changes, erasures, modifications or revisions
shall be made in any subdivision plat after approval has been given
by the Planning Board and endorsed in writing on the plat, unless
said plat is first resubmitted to the Planning Board and such Board
approves in writing any such modifications. In the event that any
subdivision plat is recorded in the office of the Dutchess County
Clerk without complying with these requirements, the same shall be
considered null and void, and the Planning Board shall institute proceedings
to have the plat stricken from the records of the office of the Dutchess
County Clerk.
In their interpretation and application, the
provisions of these regulations shall be held to be the minimum requirements
established by the Planning Board of the Town of Stanford for the
subdivision of land and the provision of required improvements within
the Town. Should the requirements of these regulations conflict with
or otherwise be inconsistent with any provision or requirement of
any other lawfully adopted rules, regulations, ordinances or laws,
the more stringent provisions or those imposing the higher standards
shall govern.
These regulations may be amended by the Planning
Board after public hearing and subject to the approval of the Town
Board. Notice of the time, place and purpose of such hearing shall
be given by publication in the official Town newspaper at least five
days prior to the date on which it is to be held. A copy of the proposed
amendment shall be placed on file in the office of the Town Clerk,
where it shall be available for public inspection during normal working
hours for a period of at least five days before such hearing. Amendments
adopted by the Planning Board shall take effect on the date of Town
Board approval or at such time as provided in the Town Board's resolution
of approval and shall apply to any preliminary subdivision which has
not received approval or approval with modification prior to such
date and to any preliminary subdivision approval, with or without
modification, for which a formal application for final approval is
not received within six months of the date of such approval.
Should any section or provision of these regulations
contained herein, or as amended, or the application thereof to any
person or circumstance, hereinafter be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity
of these regulations as a whole, or any part thereof, other than the
part so declared to be invalid. The Planning Board hereby declares
that it would have enacted these regulations or the remainder thereof
and the Town Board declares that it would have approved the same even
if the invalidity of such section or provision or its application
had been apparent.
