Town of Amenia, NY Design and Improvements

Existing features which would add value to residential development or whose preservation would benefit the Town shall be preserved, insofar as possible, through sensitive design of the subdivision. The conservation analysis and findings requirements of § 121-20A of Chapter 121, Zoning, contain further detail with respect to any application requiring preparation of a conservation analysis under Chapter 121, Zoning. In all subdivisions, such existing features include but are not limited to:

	Groves of mature trees
	Large individual trees
	Hedgerows
	Woodlands along roadways, property lines and streams
	Scenic vistas
	Water features such as streams, ponds, lakes and wetlands
	Stone walls
	Steep slopes in excess of 15%
	Habitats of endangered or threatened species
	Prime agricultural soils
	Visually prominent agricultural landscape features such as fields, pastures and meadows on knolls and hilltops
	Historic structures or sites
	Similar irreplaceable assets

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. Where applicable, the conservation analysis required under § 121-20A of Chapter 121, Zoning, shall be used as a tool for accomplishing this result. The Planning Board may, in order to ensure the preservation of such resources, and to mitigate the potentially adverse impacts of land subdivision, encourage an applicant to place conservation easements upon such lands as should be protected, as a condition of subdivision approval. In the case of conservation subdivisions, conservation easements shall be required as provided in Chapter 121, Zoning.

Access through other municipalities. Whenever access to a subdivision is to be provided by a road located in or crossing through another municipality, prior to final subdivision approval the Planning Board shall obtain written confirmation from that municipality that such access is adequately improved or that a legal performance guaranty has been duly posted and of sufficient amount to assure the construction of the necessary roadway(s). The Planning Board may refer the application, including any written confirmation obtained from the neighboring municipality, to the Town Highway Superintendent for review and feedback.

Replatting and lot line adjustments. If an applicant proposes a lot line adjustment or replatting 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, except that the applicant may request and the Planning Board may grant waivers from the informational and procedural requirements in this chapter, provided that such waivers do not violate the provisions of §§ 276 and 277 of the Town Law.

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 or bicycle lanes or bicycle-compatible roadways 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 or bicycle accommodation may be situated within a public right-of-way or within a suitable easement.

Preservation of topsoil. Topsoil may not 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 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 30 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.

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 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.

Land subject to flooding, land contained within the floodplain boundaries designated and mapped by the Federal Emergency Management Agency (FEMA), land contained in the Floodplain Overlay District as shown on the Zoning Map, 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.

Any subdivision, including all proposed improvements and construction, must comply with all further applicable provisions of the National Flood Insurance Act of 1968 and Chapter 67 of the Town of Amenia Town Code, Flood Damage Prevention, as amended.

Solar access. In accordance with § 263 of New York State Town Law, solar energy systems and equipment and access to sunlight necessary therefor and energy conservation equipment shall be considered by the Town of Amenia in the review and approval of applications subject to this chapter.

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.

§ 105-21 Lots.

Buildable lots. 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. All lots must contain a buildable portion of 5,000 square feet providing sufficient suitable area for dwelling, driveway and other permitted accessory structures; additionally, lots to be served by subsurface sewage disposal systems must have an additional buildable portion of 5,000 square feet which includes suitable area for absorption fields and reserved area. This buildable portion shall be so positioned as to allow the siting of buildings meeting all zoning district requirements, as well as the following criteria:

Maximum slope of less than 15%.

A soil permeability of between five minutes per inch and 60 minutes per inch (unless served by public sewerage). Soils with permeability between one minute per inch and five minutes per inch will be evaluated by the Planning Board on a case-by-case basis, taking into consideration such factors as distance to surface waters, including wetlands, and proximity to aquifers.

A depth of undisturbed usable soil with respect to seasonal or prolonged high-water table and bedrock of not less than four feet.

No potential for flooding or ponding.

Any alterations of existing conditions or other mitigating measures to overcome severe or moderate soil limitations must be approved by the Planning Board with the recommendation of the Town Engineer.

Corner lots. Corner lots shall be of sufficient dimensions so that any structure placed thereon shall conform to the front and side yard requirements for the zoning district in which the lot is located consistent with the requirements of § 121-30B of Chapter 121, Zoning.

Density and lot size. Subdivisions shall comply with the density and lot size requirements of the Zoning Law. At least 75% of the minimum lot area must be fulfilled by land which is outside a FEMA-designated floodplain. In computing the number of lots potentially permitted based on the minimum lot sizes identified in the Dimensional Table contained in Chapter 121, Zoning,[1] the area of wetlands shall be subtracted from total acreage in the lot area calculation.

Editor's Note: The Dimensional Table is included at the end of Chapter 121, Zoning.

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 Driveway Specifications (Chapter 101 of the Town Code), the Town Zoning Law, and the New York State Uniform Fire Prevention and Building Code. In the event of a conflict between one or more of these standards, the Planning Board shall determine which standard shall control.

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. This access may be provided directly from a public roadway or by suitably improved and maintained rural lanes (rural lanes are the only private roads permitted in the Town of Amenia).

Lots shall not, in general, derive access exclusively from a major road or collector road except within the Hamlet Mixed-Use (HM) and Hamlet Residential (HR) Zoning Districts. Where driveway access from a major road or collector road may be necessary for several adjoining lots, the Planning Board may require that such lots be served by a common drive in order to limit possible traffic hazards on such roadway.

Flag lots. Flag lots (also referred to as "rear lots") are allowed only by express waiver of the Planning Board granted in its sole discretion. Such lots may be approved only where they will not endanger public health and safety, will not increase the otherwise allowable density of development, will provide an alternative to the development of new Town roads, will not conflict with existing residential uses, and will advance the purposes of this chapter and Chapter 121, Zoning, including, in particular, the preservation of natural and scenic resources together with compliance with the following:

The minimum area of a flag lot shall be twice the lot size otherwise required for a conventional subdivision in all zoning districts except the Rural Agricultural (RA) District, where the minimum lot area may remain as required. The area of the accessway may be included in the calculation of the required minimum lot area for the flag lot.

Each flag lot shall have a minimum frontage of 25 feet on an improved road to provide for an accessway as required by this chapter. No portion of a flag lot shall be less than 50 feet in lot width.

Except for Subsection F(1) and (2) above, flag lots must meet all other requirements for a lot in the applicable zoning district. For purposes of determining front yard setbacks, the front yard shall be the yard area lying between the principal structure and the road from which access is obtained. The front yard setbacks shall be measured as shown on the sketch below:

No more than two flag lots under one ownership may abut. Abutting flag lots under one ownership must share one private drive over the accessways. Where abutting flag lots are not under common ownership, landowners are encouraged to share one drive, subject to appropriate development and the filing of a common use and maintenance agreement in accordance with Subsection F(12) below.

Where at least one lot is a flag lot, a minimum distance of twice the minimum lot frontage of the applicable district is required between nonabutting accessways at their intersection with the improved road. The Planning Board may waive this requirement in the exercise of its sole discretion under appropriate circumstances.

The accessway shall be owned in fee simple by the owner of the flag lot.

(7)

For subdivisions of five or fewer lots, only one flag lot shall be permitted. For subdivisions of more than five lots, one additional lot may constitute a flag lot for each additional five lots.

(8)

If applicable, the applicant shall demonstrate that the proposed flag lot subdivision will, through the use of conservation easements or other legally binding restrictions, preserve important natural resource and landscape features, including but not limited to wetlands, agricultural land, scenic views and ridgelines.

(9)

When necessary to satisfy the criteria stated in Subsection F(8) above, the subdivision plan shall show the limits, on the flag lot, of the area within which the house and driveway may be constructed. The Planning Board may require that such limitation of the site be implemented through a conservation easement.

(10)

No subdivision plat that includes three or more flag lots shall be approved unless the Planning Board finds that allowing such flag lot(s) will result in no more lots than could have been permitted using a hypothetical layout that includes a Town road and does not include flag lots. In making such determination, the Planning Board shall find that hypothetical Town road layout is feasible considering driveway locations, road grades and other Town road design standards, and sanitary sewer facilities required for each lot. The Planning Board may ask the Town Highway Superintendent to review the hypothetical Town road layout for compliance with Town road design standards.

(11)

Any approved plat containing flag lots shall contain a note stating that no further subdivision of the flag lots (other than approved lot line changes which do not create the potential for new building lots) shall be permitted.

(12)

Driveway standards. The following standards shall be met to assure adequate access to a flag lot for emergency services:

Grade. Grades along any portion of the driveway shall not be less than 1% or more than 12%.

Clear right-of-way. At all times a clear right-of-way of at least 15 feet in width shall be maintained to permit vehicular travel from the public road to the principal structure and shall be sufficient to provide suitable access, ingress and egress for emergency vehicles in the opinion of the Town of Amenia Superintendent of Highways.

Certificate of occupancy. No certificate of occupancy shall be issued until the driveway is installed in accordance with all applicable provisions herein set forth and to the satisfaction of the Town Highway Superintendent or the Dutchess County Department of Public Works or the New York State Department of Transportation.

(d)

Declaration of covenants, restrictions and easements. Prior to final plat approval, the subdivider of any flag lot shall cause to be recorded in the County Clerk's office documentation in a form acceptable to the attorney for the Town, which documentation shall be noted on the proposed plat and at a minimum provide for:

Reciprocal easements for use of the drive by each owner of lots sharing such drive.

[2]

A maintenance agreement to be executed by all owners sharing such drive declaring that the Town of Amenia has no responsibility for maintenance of such drive, and further providing for maintenance and the sharing of the costs of such maintenance, including normal upkeep, reconstruction, drainage, snowplowing, and any and all additional costs which may be associated with such drive. The agreement shall further provide that in the event that the drive is offered to the Town of Amenia for dedication as a public highway, such drive will first be improved according to Town of Amenia highway specifications at the expense of the owners of the lots served by the drive. Notwithstanding, the Town Board shall not be obligated to accept such an offer of dedication.

§ 105-22 Roads.

General objectives. Roads shall be of sufficient width, suitably located, and adequately constructed to accommodate the prospective traffic and normal road maintenance equipment. The arrangement of roads shall be coordinated such that they 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 guaranty 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 or cul-de-sac roads, in order to make possible necessary fire protection, movement of traffic and the construction or extension of needed utilities and services. Any temporary stub or cul-de-sac road, or other intended through road, shall be constructed wholly to the property line and shall be provided with a temporary turnaround. 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 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 primary roadways, provide improved access to commercial, industrial and residential 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 road parallel to an existing or proposed 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. Such drives shall be located behind the principal structures in the development to the extent feasible.

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 covenants and/or deed restrictions, satisfactory to the attorney for the Planning Board, binding the owner and assignees to permit and maintain such internal access and circulation and inter-use of parking facilities. These covenants and/or deed restrictions shall run with the land and shall be recorded in the Dutchess County Clerk's office.

Intersections. Intersections of all U.S., New York State, and county 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 all intersections, 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 shall be permitted to obstruct visibility at intersections. The following minimum requirements also apply:

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

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

Cul-de-sac road. 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 10% grade and to a length of 1,500 feet.

A turnaround with a right-of-way radius of at least 50 feet and a pavement radius of 30 feet to 40 feet shall be provided at the end of any permanent cul-de-sac or permanent dead-end road. The cul-de-sac shall otherwise be governed by all stated requirements of the Town's Highway Specifications.

The center of all cul-de-sac road turnaround areas shall have a center landscape island area planted with landscape materials or left in its natural state.

If the cul-de-sac is a rural lane, as approved by the Planning Board, the stem of the cul-de-sac shall have a maximum right-of-way of 33 feet and shall comply with the standards set forth in Table A for rural lanes.

The Planning Board may waive one or more of these cul-de-sac road standards in its sole discretion, upon a determination that the requested waiver will not endanger public health and safety, will not increase the otherwise allowable density of development, will provide an alternative to the development of new Town roads, will not conflict with existing residential uses, and will advance the purposes of this chapter and the Zoning Law, including, in particular, the preservation of natural and scenic resources.

Road design standards.

The road design standards for public roadways are specified in the Town Highway Specifications.

Under certain circumstances, an applicant may construct rural lanes. A "rural lane" is a private road servicing a subdivision which consists of no greater than 15 residential lots, has a rural character, and prohibits further subdivision. However, the Planning Board may permit more than 15 lots on a rural lane if it determines, in its sole discretion, that permitting additional proposed lots on the rural lane will not endanger public health and safety, will not increase the otherwise allowable density of development, will provide an alternative to the development of additional new roads, will not conflict with existing abutting residential uses, and will advance the purposes of this chapter and Chapter 121, Zoning, including, in particular, the preservation of open space and natural and scenic resources.

Rural lanes shall meet the standards specified in Table A, unless otherwise indicated in the Town Highway Specifications, and shall comply with the rural lane maintenance provisions contained in § 105-27 of this chapter and, to the extent practical, the rural siting principles contained in § 121-31 of Chapter 121, Zoning.

Table A: Rural Lane Design Specifications
Street Classification		Rural Lane
(a)	Minimum right-of-way width	33 feet
(b)	Maximum right-of-way width	33 feet
(c)	Minimum clearing width	33 feet¹
(d)	Minimum grading width	33 feet
(e)	Minimum pavement width	18 feet
(f)	Minimum grade	1.0%²
(g)	Maximum grade	10%
(h)	Minimum curb radii	20 feet
(i)	Minimum tangent length between reverse curves	See Note 3.
(j)	Maximum grades within 150 feet of center-line intersection	1.5%
(k)	Minimum sight distance	150 feet
(l)	Minimum distance between center-line offsets at road jogs	150 feet
(m)	Angle at intersection of road center lines	90°
(n)	Minimum foundation course	12 inches thick
(o)	Minimum initial pavement	3 coats of oil and stone
(p)	Minimum surface (asphalt concrete)	None
(q)	Curbs	As required by Planning Board
(r)	Sidewalks or nonpaved walkways	As required by Planning Board
(s)	Monuments	Yes
(t)	Street name signs	Yes

	NOTES:
	¹	The applicant shall clear areas within the limits of the road right-of-way, except for trees designated by the Planning Board to remain intact; stream channels and ditches; accessways. All roots and stumps shall be grubbed, excavated and removed from these areas.
	²	Grades under 1.0% acceptable when approved stormwater drainage facilities are provided.
	³	One hundred feet, except where excessive grades may be reduced to reasonable grades by shortening tangent.

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 lots accessing from the common drive and that safe access is feasible over the improved common travelway. If such access is acceptable, and legally binding recorded common drive maintenance agreements or homeowners' agreements are required as conditions of subdivision approval, the Planning Board may approve a subdivision in which lots served by a common drive have road frontage that is not physically suitable for the placement of a driveway. When a common driveway has been approved, the Planning Board shall require that a statement be placed on the final plat Mylar, to be filed in the Dutchess County Clerk's office, stating that a common driveway has been approved for the subdivision conditioned upon the recording of the approved common drive maintenance agreement in the Dutchess County Clerk's office.

Where appropriate, the Planning Board may require a pedestrian system for safety. In conventional subdivisions, walks shall be placed parallel to the road, with exceptions permitted to preserve natural features or to provide visual interest. In open space and other types of planned developments (such as those in the RDO or MCO Overlay Zoning District), walks may be placed away from the road system, but they may also be required parallel to the road for safety reasons.

Bikeways, bicycle-compatible roadways, bicycle lanes or bicycle paths may be required at the discretion of the Planning Board.

Driveways.

Driveways shall be installed in approved locations. Driveways must provide emergency vehicle access to all buildings pursuant to specifications required by the Town Engineer.

Adequate sight distance, as specified in Subsection F(1), must be available at all locations.

Driveways may not serve more than one lot unless specifically approved by the Planning Board.

Driveway grades shall not exceed 12%. All driveways with grades in excess of 10% shall be provided with appropriate drainage swales, diversion ditches and/or water bars to prevent excess erosion of the driveway and shall be subject to review by the appropriate fire department.

Driveways shall slope from the road at a grade of not greater than 2% for a minimum distance of 20 feet measured from the edge of pavement.

The Planning Board may require the construction of turnarounds to prevent vehicles from backing onto public roads.

Off-street parking. For multifamily residential uses, all off-street parking shall be located behind or to the side of the principal building, except as otherwise allowed by § 121-38(A)(4).[1]

Editor's Note: See Ch. 121, Zoning, § 121-38(A)(4), Design, layout, and construction of parking areas for nonresidential and multifamily residential uses.

§ 105-23 Parks and open space.

Land for parks and other open space purposes will be provided, in an adequate amount, in any subdivision of land or site plan application for residential purposes throughout the Town of Amenia as provided below. Where applicable, open space areas shall also be provided within commercial sites. In conservation subdivisions, land shall be preserved as perpetual open space as required in § 121-20 of Chapter 121, Zoning. Such preservation may satisfy some or all of the requirements of this § 105-23, as determined by the Planning Board, but such preservation of open space does not necessarily relieve that applicant of the need to comply with the requirement to provide land for park, playground, or other recreational purposes or to pay a recreation fee in lieu of providing such land, if a proper case exists for such land or fee and the subdivision does not contain recreational land that satisfies the documented need.

Amount of land reserved. In subdivisions or residential site plan applications that are not conservation subdivisions or small-scale subdivisions, the Planning Board shall require that 10% of the total land area be set aside and shown on the plat or site plan for park, playground and common open space purposes, including trails and other linkages between neighborhoods. All lands designated on the plat or site plan 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 Comprehensive Plan, the Town Recreation 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 or site plan concerning physical 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 or site plan prior to final approval and subsequent filing of the plat or site plan in the office of the Dutchess County Clerk.

The Planning Board may not require land to be set aside for park, playground or other recreational purposes, or require the applicant to pay a fee in lieu of providing such land, until the Planning 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 §§ 274-a and 277 of New York State Town Law, shall include an evaluation of i) the present and anticipated future needs for park and recreational facilities in the Town of Amenia; ii) the demand for recreational facilities generated by the proposed subdivision (or site plan); and iii) the likely benefit inuring to the benefit of the residents of the proposed subdivision (or site plan) if land is set aside for recreational purposes or a fee is paid into a dedicated Town Recreation Fund for the purpose of acquiring additional parkland and/or for the construction, rehabilitation or expansion of existing park or recreational facilities. In conducting this evaluation, the Planning Board shall consider the Town of Amenia Recreation 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, prior to final plat or site plan approval, and subject to the fee-in-lieu-of-land reservation provisions contained in § 105-23D of this chapter, the applicant shall submit 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 said area, giving lengths and bearings of all straight lines; and radii, lengths, central angles and tangent distances 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 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.

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 the event the Planning Board finds that the proposed subdivision or site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat, the Planning Board shall alternatively require, under §§ 274-a and 277 of the New York State Town Law, that a payment be made to the Town Recreation Fund, a special fund established for Town recreation site acquisition and/or improvement, in lieu of such land dedication or reservation within the subdivision or site plan. Such recreation payment shall be a condition of approval of the final plat or site plan and shall be assessed on a per-dwelling-unit basis. The recreation payment shall not apply to any existing dwelling unit presently existing on the land that is the subject of the subdivision or site plan application. No final plat or site plan shall be signed by the Chairperson of the Planning Board until the recreation payment has been received by the Planning Board. In a conservation subdivision, where the open space to be protected meets the recreational needs of the community as provided in Subsection B above, such open space may be counted toward the requirements of this section. Where such open space does not meet all of the recreational needs of the residents of the subdivision or site plan, a proper case may be shown for requiring payment of a fee as provided in §§ Sections 274-a and 277 of the Town Law.

§ 105-24 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, or a combination thereof.

Improvements. The Planning Board shall require the provision and installation of the following improvements in accordance with New York State Town Law, unless it shall specifically waive in writing any such improvements as the Planning Board considers are not requisite to the interest of public health, safety and general welfare, as provided in Article IX, § 105-35, of this chapter. (The Planning Board's authority to waive certain public improvements does not include the option to waive any of the highway specifications for public roads.)

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

Paved roads, roadways, common driveways and driveway aprons;

Road signs and posts;

Road lighting;

Curbs or swales;

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 and 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 Planning Board Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Planning Board 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 extend to constitute the waiver or substantial alteration of the function of any of the improvements required by the Planning Board. The Planning Board 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 V, § 105-22, of this chapter for private rural lanes and specifications in the Town Highway Regulations for public roads. Grading and improvements of all roads except rural lanes shall be approved as to design and specifications by the Town Highway Superintendent and the Town Engineer. In the case of rural lanes, the Planning Board Engineer shall review plans and specifications to certify that the rural lanes meet the standards set forth in Article V, § 105-22, of this chapter. Inspection and certification of rural lanes shall be performed by the Planning Board Engineer, or his/her designee, to verify that the road construction complies with the approved plans and specifications. The inspection and certification of all roads other than rural lanes shall be performed by the Town Highway Superintendent and the Town Engineer to verify that the road construction complies with the approved plans and specifications.

Inspection of improvements.

Prior to final plat approval, the applicant shall pay to the Town Clerk, for purposes of establishing an escrow account, the inspection fee required by the Planning Board for the inspection of required improvements and utilities. At least five days prior to the commencement of the required improvements or utilities, the applicant shall notify the Town Engineer in writing of the time when the applicant proposes to commence construction of such improvements so that the Town 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 inspection services, and any unexpended portion of the inspection fee shall be returned upon completion of the project and dedication of the required improvements and utilities to the Town (if applicable).

In order to facilitate inspection of required improvements during construction, the applicant shall notify the Town Engineer at least three 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 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 Planning 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 guaranty, 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 guaranty. No plat shall be approved by the Planning Board, nor shall any building permit or certificate of occupancy be issued by the Building Inspector, as long as the applicant is in performance default on any previously approved plat within the Town of Amenia.

§ 105-25 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 shall ascertain as a part of subdivision plat review and approval that each prospective lot and dwelling unit may be adequately served by acceptable privately owned 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.

To the extent authorized by the Public Health Law and the Dutchess County Health Department, the Planning Board may, in accordance with Article IX of this chapter, waive this requirement for proposed lots in excess of five acres. Instead, the Planning Board may 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 Amenia; the 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 V, § 105-24, 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 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. 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 on a rural lane, provided that a public easement of satisfactory size is obtained for such improvement or utility. Before the road is paved, the applicant shall install underground service connections for all required improvements and utilities to the property line of each lot within the subdivision.

Service connections.

Water. Where an appropriate public water main already exists and is physically and legally accessible, the applicant may 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 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.

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.

Storm drainage system.

The applicant shall install all necessary storm drainage sewers and appurtenant facilities at his/her expense, in accordance with 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.

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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 the Zoning Law[1] in the watershed.

Editor's Note: See Ch. 121, Zoning.

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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. Ownership of these easements shall be indicated on all reservations and on the final subdivision plat.

Realignment or widening of existing road. Where the subdivision borders an existing road 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 New York State 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 applicant.

Central water supply and sewage disposal. It is the policy of the Town of Amenia that all central sewer and water systems shall be owned and operated by the municipality, the Dutchess County Wastewater Authority, or other governmental or public authority acceptable to the Planning Board and Town Board. It is required as a condition to final approval of the plat that where central sewer and/or water systems are to be installed, such central sewer and water systems, with appurtenances, shall be offered for dedication without cost to the Town, to any other governmental or public authority that the Town may designate, and to any improvement district that the Town or its designee may form or extend for the purposes of owning or operating the system. In the event that the offer of dedication is not accepted at the time of final plat approval, the system shall be owned and operated by a transportation corporation formed under the laws of the State of New York for this purpose, and the offer of dedication of the system, with appurtenances and without costs, shall remain open and shall be binding on the transportation corporation. In the event that the offer of dedication is accepted by the Town, or any other governmental or public authority that the Town may designate, then an improvement district shall be legally formed or extended.

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 subdivider after approval of the preliminary 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 Board, a public sanitary and/or water system may be required for any subdivision.

Ordinance. The requirements contained in the New York State Department of Health Waste Treatment Handbook, as may be amended from time to time, shall apply, and all individual household sewage disposal systems shall be constructed in conformance therewith.

Dedication. Such water and sewer mains and systems shall be located in the road rights-of-way or in perpetually unobstructed easements of a width adequate for servicing. Water and sewer mains and systems are to be offered for dedication to the municipality or duly constituted improvement district. Upon acceptance, such water and sewer mains and systems are to be maintained by the municipality.

Connections. The developer shall be responsible not only for the laterals within the development but also for any lines or connections that may be necessary to bring service to the development.