Any subdivider who proposes to develop a subdivision in the Town of Red Hook shall observe all general requirements for land subdivision as herein provided. Conservation subdivisions plats shall also adhere to the supplemental design standards set forth in § 120-21.
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 the 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 waterfalls, historic
or archaeological features and similar irreplaceable assets.
C.
Conformance with Chapter 143, Zoning, and Master Plan. Subdivision plats and improvements provided shall conform to Chapter 143, Zoning, 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. These programs include the Town's historic and coastal management districts, the Department of Environmental Conservation scenic district and scenic roads programs and any locally or state-designated critical environmental areas.
D.
Minimum lot area and dimensions. No lot in a subdivision shall have less than the minimum lot area and other minimum lot dimensions required by Chapter 143, Zoning, for the district in which it is located unless otherwise provided in Chapter 143, Zoning, or as provided for residential cluster development by Article VIII of this chapter.
E.
Plats with access through other municipalities. Whenever access to
a subdivision occurs 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.
Resubdivision. Resubdivision 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 this chapter as
now required. Such resubdivision shall include any change that affects
any street layout shown on the plat, area shown thereon reserved for
public use or open space purposes or the area or configuration of
any lot or parcel shown thereon.
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 this chapter. In cases of doubt, the Planning Board may require
the submission of a flood hazard boundary 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.
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 specifically provided for in Article X, §§ 120-32 and 120-33, of this chapter.
A.
Lots.
(1)
Lots to be buildable. The lot arrangement shall be such that, in constructing a building in compliance with Chapter 143, Zoning, there will be no foreseeable prohibitions to development based upon soils, topography or other natural conditions, including the presence of wetlands or floodplain areas.
(2)
Corner lots. Corner lots shall be of sufficient dimensions so that
any structure placed thereon shall conform to the front 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 dimensions. Each lot shall be no smaller than the minimum lot area, lot frontage and lot width required by Chapter 143, Zoning, for the district in which the lot is located, except in the case of a conservation subdivision.
(4)
Driveway grade and design. Driveway grades between the street pavement
and the minimum building setback line 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, in the case of an approved residential
cluster or open space density subdivision, by suitably improved and
maintained private streets.
(b)
A lot of less than 300 feet frontage fronting on a county or
state highway shall be designed so 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.
(c)
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 recorded in the Dutchess County
Clerk's office. Any such common driveway shall be further subject
to criteria that may be promulgated by the Planning Board for the
design, construction and approval of common driveways.
(6)
Access from private streets. Access from privately owned and maintained streets, as may be specifically authorized by the Town Board in accordance with § 280-a of the Town Law, shall be deemed acceptable only if such streets are designed and improved in accordance with Subsection B(5) of this section and means satisfactory to the Planning Board are provided for the long-term ownership and maintenance of said privately owned and maintained streets.
B.
Streets.
(1)
General objectives. Streets shall be of sufficient width, suitably
located and adequately constructed to accommodate the prospective
traffic and normal road maintenance equipment. The arrangement of
streets shall be coordinated such that the streets compose a convenient
system, cause no undue hardship to adjoining properties and render
no 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 50 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, with any excess pavement removed
and the land area to be suitably regraded and seeded.
(3)
Street connections. Subdivisions containing 13 or more single-family
lots or, in the case of two-family and multifamily development, 13
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.
(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 either the initial development or extension of such cul-de-sac
street. In the case of two-family and multifamily development, not
more than 12 dwelling units may gain access from either the initial
development or extension of such cul-de-sac street.
(b)
A cul-de-sac street shall be restricted to a maximum of seven-percent
grade in all zoning districts and to a length of 1,500 feet in the
LD Zoning District, 1,200 feet in the RD5 Zoning District, 1,000 feet
in the RD3 Zoning District and 820 feet in all other zoning districts.
(c)
A turnaround shall be provided at the end of any cul-de-sac
or permanent dead-end street. Circular turnarounds shall have a right-of-way
radius of at least 40 feet and a pavement radius of at least 30 feet.
T- or Y-shaped turnarounds shall have a right-of-way at least 80 feet
by 40 feet and the paved area shall be at least 60 feet by 20 feet.
The cul-de-sac street shall otherwise be governed by all stated requirements
of the Town's Street and Highway Specifications.
(5)
Minimum design standards. Streets and related improvements shall
be laid out and constructed in accordance with the minimum design
standards prescribed in the Town Street and Highway Specifications
of the Town of Red Hook, as adopted by the Town Board and incorporated
by reference in this chapter.
C.
Parks and public open space. Adequate lands for parks and other public
open space purposes shall be provided in any subdivision of land for
residential purposes throughout the Town of Red Hook.
(1)
Amount of land dedicated.
(a)
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 open space purposes, including trails and other
linkages between neighborhoods. All lands designated on the plat as
park or 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.
(b)
The Planning Board may establish such conditions on the subdivision
concerning access, use and maintenance of such park and 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 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 such area and 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 or proposed.
(c)
Existing and, if applicable, proposed changes in the grade and
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 dedication. In cases where, because of the size,
topography or location of the subdivision or because of the area 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 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 into a special trust fund 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 on 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 Chair of the Planning Board until such payment has been
received by the Town and receipt thereof provided to the Planning
Board.
D.
Public improvements and utilities.
(1)
Placement. Underground improvements required by the Planning Board in accordance with Article V, § 120-14, and franchise utilities shall be placed where appropriate within the street right-of-way. 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, such 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 an 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 shall 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 of 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.
[2]
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. 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 twenty-five-year storm under conditions of total potential development permitted by Chapter 143, Zoning, 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 twenty-five-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 alleviation, to the extent
that may be practicable, of said condition.
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 of the State of New York, 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.
Pedestrianways.
(1)
Adequate provision shall be made for the convenient and safe movement
of pedestrians and bicyclists in any subdivision of land for residential,
institutional or commercial purposes throughout the Town of Red Hook.
All streets designated as through roads shall have an improved pedestrian
path, sidewalk or bikeway provided on at least one side of the street.
Any such sidewalk or pedestrian path shall be so placed that there
will be a distance of not less than five feet between the sidewalk
and the street pavement. A bikeway or combined bicyclist/pedestrian
path, not less than four feet in width, may be alternatively situated
adjacent to the street pavement and be visually separated therefrom
by striping on both its inner and outer edges.
(2)
To the extent considered practicable by the Planning Board and in
consideration of public health, safety and convenience, the Planning
Board may require that additional or alternatively located pedestrianways
be provided within a subdivision to provide access to parks or public
spaces, school sites, neighborhood shopping facilities or similar
destinations. Any such pedestrianway may be situated within either
a public right-of-way or established within a suitable easement.
G.
Private water supply and sanitary sewage disposal facilities.
(1)
Where public water supply and/or sanitary sewage disposal facilities
are not available, the Planning Board shall ascertain, as part of
subdivision plat review and approval process, that each prospective
lot and dwelling unit may be adequately served by acceptable water
supply and sanitary sewage disposal facilities and ensure that all
such on-site water supply and sanitary 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 this chapter, 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 Red Hook. As a prerequisite to such waiver, the Planning Board shall require that certification be provided by a licensed professional engineer that an approvable individual sewage disposal system location exists on each of the proposed lots and that it is likely that a suitable individual on-site water supply may also be developed on each of the proposed lots.
(3)
The Planning Board shall ensure that the visual impacts of septic
systems that cannot be installed subsurface are mitigated to the greatest
extent practicable.
H.
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 specifically identified on the
subdivision plat. Street trees shall generally:
(1)
Be located near the property line and be spaced approximately 30
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.
(3)
Be approved as to species by the Planning Board.
(4)
Be installed and maintained so as to not restrict sight distance
for either vehicles or pedestrians.
I.
Agricultural buffer. When a parcel of land is proposed for subdivision
for residential purposes, the Planning Board may require that buildings
on such parcel shall be sited a minimum of 200 feet from the property
line contiguous to land in the AB District or land in a New York State
certified agricultural district. The two-hundred-foot buffer is a
guideline to be applied when appropriate and with flexibility in the
case of small lots where provision of a two-hundred-foot buffer may
not be feasible. The Planning Board may require installation and maintenance
of vegetative screening in the buffer area.
A.
Dimensional standards. The dimensional standards set forth in § 143-33D of the Code shall apply to conservation subdivisions.
B.
Open space. In exchange for flexibility in the design layout, a conservation subdivision shall permanently preserve a minimum percentage of the tract's total gross acreage as open space. Minimum percentages by zoning district are set forth in § 143-33D(1) of the Code. Parking areas and roads shall not be included in the calculation of the minimum open space.
C.
Permanent protection of open space. Open space shall be permanently protected as provided in § 143-33E of the Zoning Law.
D.
Documentation of ownership entity. If a homeowners' association,
condominium or other legal entity is proposed, it shall be established
to the satisfaction of the Planning Board and its attorney. Such entities
shall be subject to all of the applicable provisions set forth in
New York State laws and regulations. The applicant shall provide the
Planning Board with a description of the organization of the proposed
association, including its bylaws, and all documents governing ownership,
maintenance and use restrictions for common facilities.
E.
Open space standards.
(1)
The required open space land consists of a combination of primary conservation areas and secondary conservation areas, as described in § 120-28A. Primary conservation areas shall be included in the required open space area to the greatest extent practical. The proposed subdivision design shall strictly minimize disturbance of the environmentally sensitive resources of the primary conservation areas, and the applicant shall demonstrate that such features will be protected by the proposed subdivision plan. Secondary conservation areas shall be included in the required open space area to the greatest extent practical such that protecting these resources will, in the judgment of the Planning Board, achieve the purposes of this section.
(2)
Open space lands shall be laid out in a manner consistent with the
Town's Comprehensive Plan to better enable an interconnected
network of open space and to enable potential connections within the
Town's long-range open space and trail networks as reflected
in its adopted Open Space Plan, Official Map, and Trails Map, if any.
(3)
Active agricultural land and associated agricultural buildings may
be used to meet the minimum required open space land. The Planning
Board may require that land used for agricultural purposes be buffered
from residential dwellings, either bordering or within the tract,
by a two-hundred-foot setback. The two-hundred-foot buffer is a guideline
to be applied when appropriate and with flexibility in the case of
small lots where provision of a two-hundred-foot buffer may not be
feasible. The Planning Board may require installation and maintenance
of vegetative screening in the buffer area.
(4)
Open space land should generally remain undivided. No individual
parcel of common open space shall be less than one acre except as
to roadway median strips, traffic islands, walkways, trails, courtyards,
village greens, play areas, recreation facilities, drainageways leading
directly to streams, historic sites or unique natural features requiring
common ownership protection.
F.
Recreation needs. In addition to the required open space, up to 10% of the total acreage may be required to be set aside for recreational use to meet the recreational needs of the residents of the proposed subdivision in accordance with § 120-20C of the Code. Subject to acceptance by the Town Board, land may be deeded to the Town for recreational purposes. This acreage may be used to provide potential connections within the Town's long-range trail network or for other recreational needs of the Town. Where such set aside or dedication of land is not deemed appropriate, a recreation fee in lieu of land, as set forth in the Town's fee schedule, shall be imposed to accommodate the foreseeable recreational needs of the proposed subdivision's residents. The Planning Board may determine whether the required open space meets all or some of the recreational needs pursuant to § 120-20C.
G.
House lot standards. Development areas for the location of house
lots include the necessary building envelope for each dwelling unit,
constituting the remaining lands of the tract outside of the designated
open space areas. House lots shall be designed in accordance with
the following standards:
(1)
House lots shall be located so as not to encroach upon primary conservation areas and in accordance with Step 4 of the four-step design process set forth in § 120-28 and illustrated in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(2)
Views of house lots from existing roads shall be minimized by changes
in topography, existing vegetation or additional landscaping.
(3)
House lots shall generally be accessed from interior streets, rather
than from roads bordering the tract. New intersections with existing
public roads shall be minimized. Although two accessways into and
out of subdivisions containing more than 12 dwellings are generally
required for safety, proposals for more than two entrances onto public
roads shall be discouraged if they would unreasonably disrupt traffic
flow or unduly impact the environment.
(4)
Setbacks for wells. If active agricultural lands constitute the open
space, the minimum setback for wells from such active agricultural
lands shall be 100 feet.
H.
Streets and driveways.
(1)
Common driveway access may be provided to serve up to four dwellings.
Common driveways should be 16 feet wide or, at a minimum, provide
for vehicle pull-offs that are 16 feet in width at intervals no less
than every 500 feet.
(2)
Streets shall meet the Town Highway Specifications, unless an open
development area is established in accordance with § 280-a
of the Town Law.
(3)
New streets should align with existing intersections where possible.
(4)
From an aesthetic and speed control perspective, curving roads are
preferred in an informal rural conservation subdivision to avoid long
straight segments. Shorter straight segments connected by ninety-degree
and one-hundred-thirty-five-degree bends are preferred in a more formal
or traditional arrangement in hamlets and adjacent to villages.
(5)
Whenever appropriate, street systems should produce terminal vistas
of open space in accordance with the conservation emphasis of the
subdivision design and to positively contribute to the Town's
open space goals.
(6)
Single-loaded streets are encouraged alongside conservation areas
to provide views of the conservation lands for residents and visitors.
(8)
A pedestrian circulation and/or trail system shall be designated
and installed sufficient for the needs of residents, as deemed practical
by the Planning Board.
I.
The Town of Red Hook encourages shared or community sanitary sewage
disposal systems for conservation subdivision developments. Such systems
may be located in the required open space lands, provided that such
areas are not paved or covered with other impervious surfaces. Sanitary
sewage disposal systems of an individual nature may also be located
within or extend into required open space areas. Regardless of the
type of subsurface sewage disposal methods employed, all required
separation distances shall be observed and the ownership and maintenance
responsibilities associated therewith shall be clearly defined in
agreements submitted for approval as part of the subdivision application.
No application shall be approved that does not provide lot buyers
with both the legal authority and the responsibility, individually
or collectively, to maintain all sewage disposal facilities on a continuing
basis. This may include the creation of a special district under New
York State Town Law or County Law.
