Where the Planning Board finds that unique hardships
or practical difficulties may result from strict compliance with these
requirements and standards and/or that the purposes of these regulations
may be served to a greater extent by an alternative proposal, it may,
in its sole discretion, waive requirements of this Article. Such waiver,
however, shall not have the effect of nullifying the intent and purpose
of these regulations.
A.
Conformance to applicable rules and regulations. In
addition to the requirements established herein, all subdivision plats
shall comply with the following laws, rules and regulations:
(1)
All applicable statutory provisions.
(2)
Chapter 215, Zoning, the Uniform Fire Prevention and Building Code and all other applicable laws of the appropriate jurisdictions.
(3)
The Official Master Plan, Official Map, public utilities
plan and capital improvements program of the local government, including
all streets, drainage systems and parks shown on the Official Map
or Master Plan, as adopted.
(4)
The special requirements of these regulations and
any rules of the Health Department and/or appropriate state agencies.
(5)
The rules of the State Department of Transportation,
Dutchess County Department of Public Works and Town of Pawling Highway
Department if the subdivision or any lot contained therein abuts a
state highway or connecting street.
(6)
The standards and regulations adopted by all boards,
commissions, agencies and officials of the town.
(7)
Plat approval may be withheld if a subdivision is
not in conformity with the above guides or policy of these regulations.
B.
Self-imposed restrictions. If the owner places restrictions on any of the land contained in the subdivision greater than those required by Chapter 215, Zoning, or these regulations, such restrictions or reference thereto may be required to be indicated on the final plat, or the Planning Board may require that restrictive covenants be recorded with the County Recorder of Deeds in a form to be approved by the Town Attorney.
C.
Plats straddling municipal boundaries. Whenever access
to the subdivision is required across land in another local government,
the Planning Board may request assurance from the Town Attorney that
access is legally established and from the Town Superintendent of
Highways that the access road is adequately improved or that a performance
bond has been duly executed and is sufficient in amount to assure
the construction of the access road. In general, lot lines should
be laid out so as not to cross municipal boundary lines.
D.
Character of the land. Land which the Planning Board
finds to be unsuitable for subdivision or development due to flooding,
improper drainage, steep slopes, rock formations, adverse earth formations
or topography, utility easements or other features which will reasonably
be harmful to the safety, health and general welfare of the present
or future inhabitants of the subdivision and/or its surrounding areas
shall not be subdivided or developed unless adequate methods are formulated
by the developer and approved by the Planning Board to solve the problems
created by the unsuitable land conditions. Such land shall be set
aside for uses as shall not involve such a danger.
A.
Lot arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with Chapter 215, Zoning, and health regulations and in providing driveway access to buildings on such lots from an approved street.
B.
Lot dimensions. Lot dimensions shall comply with the minimum standards of Chapter 215, Zoning. Where lots are more than double the minimum required area for the zoning district, the Planning Board may require that such lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve such potential lots, all in compliance with Chapter 215, Zoning, and these regulations. In general, side lot lines shall be at right angles to street lines or radial to curving street lines, unless a variation from this rule will give a better street or lot plan. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum front yard setback from both streets. Depth and width of properties reserved or laid out for business, commercial or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated, as established in Chapter 215, Zoning.
C.
Double frontage lots and access to lots.
(1)
Double frontage lots. Double frontage and reversed
frontage lots shall be avoided except where necessary to provide separation
of residential development from traffic arterials or to overcome specific
disadvantages of topography and orientation.
(2)
Access to arterials. Lots shall not, in general, derive
access exclusively from an arterial street. Where driveway access
from a major or secondary street may be necessary for several adjoining
lots, the Planning Board may require that such lots be served by a
combined access drive in order to limit possible traffic hazard on
such street. Where possible, driveways should be designed and arranged
so as to avoid requiring vehicles to back into traffic on arterials.
A.
General. Existing features which would add value to
residential development or to the local environment as a whole, such
as trees, as herein defined, watercourses and falls, beaches, historic
spots and similar irreplaceable assets, shall be preserved through
harmonious design of the subdivision. No tree of four inches or more
DBH shall be removed from any subdivision nor any change of grade
of the land effected until approval of the preliminary plat has been
granted. All trees on the plat required to be retained shall be preserved,
and all trees, where required, shall be welled and protected against
change of grade. The plat shall show the number and location of existing
trees, as required by these regulations, and shall further indicate
all those marked for retention and the location of all proposed shade
trees required along the street side of each lot, as required by these
regulations.
B.
Shade trees planted by developer.
(1)
As a requirement of subdivision approval, the applicant
shall plant shade trees on the property of the subdivision. Such trees
are to be planted within five feet of the right-of-way of the road
or roads within and abutting the subdivision or, at the discretion
of the Planning Board, within the rights-of-way of such roads. One
tree shall be planted for every 40 feet of frontage along each road
unless the Planning Board, upon recommendation of the Town Superintendent
of Highways, shall grant a waiver. Such waiver shall be granted only
if there are trees growing along such right-of-way or on the abutting
property which, in the opinion of the Planning Board, comply with
these regulations.
(2)
New trees to be provided pursuant to these regulations
shall be approved by the Planning Board. Such trees shall have a minimum
of not less than one and one-half (1 1/2) inches DBH. Oak, honey
locust, hard maples, ginkgo or other long-lived shade trees, acceptable
to the Planning Board, shall be planted.
C.
Shade tree easement and dedication. The preliminary
plat and final plat shall reserve an easement authorizing the Town
to plant shade trees within five feet of the required right-of-way
of the town. No street shall be accepted for dedication until the
Town Superintendent of Highways shall inform the Planning Board and
the Town Board that compliance, where necessary, has been made with
these regulations.
A.
Parks and playgrounds. The Planning Board shall require
adequate, convenient and suitable areas for parks and playgrounds
or other recreational purposes to be reserved on the plat, but in
no case shall this be more than 10% of the gross area of any subdivision.
The area shall be shown and marked on the plat "Reserved for Park
and/or Playground Purposes."
(1)
Each reservation shall be of suitable size, dimension,
topography and general character and shall have adequate road access
for the particular purposes envisioned by the Planning Board.
(2)
The Planning Board may refer the proposed subdivision
or the proposed reservations to the Town official or department in
charge of parks and recreation for recommendation.
(3)
Minimum size of park and playground reservations.
In general, land reserved for recreation purposes shall have an area
of at least four acres. If the proposal would create an area less
than four acres, the Board may require that the recreation area be
located at a suitable place on the edge of the subdivision so that
additional land may be added at such time as the adjacent land is
subdivided. In no case shall an area of less than two acres be reserved
for recreation purposes if it will be impractical or impossible to
secure additional lands in order to increase its area.
(4)
Recreation sites. Land reserved for recreation purposes
shall be of a character and location suitable for use as a playground,
playfield or for other recreation purposes, and it shall be relatively
level and dry and shall be improved by the developer to the standards
required by the Planning Board, which improvements shall be included
in the performance bond. A recreation site shall have a total frontage
on one or more streets of at least 200 feet, and no other dimension
of the site shall be less than 200 feet in depth.
B.
Cash payment in lieu of reservation. Where the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in a subdivision or where such a reservation is otherwise not appropriate or practical, the Board may require, as a condition to approval of any such plat, a payment to the Town of a sum determined for such cases by the Town Board. (See § A230-34.)
C.
Ownership of park areas. The ownership of reservations
for park purposes shall be clearly indicated on the plat and established
in a manner satisfactory to the Planning Board so as to assure their
proper future continuation and maintenance.
D.
Other recreation reservations. The provisions of this
section are minimum standards. None of the subsections above shall
be construed as prohibiting a developer from reserving other land
for recreation purposes in addition to the requirements of this section.
E.
Other public uses.
(1)
Plat to provide for public uses. Except when an applicant utilizes planned development or zoning in which land is set aside by the developer as required by the provision of Chapter 215, Zoning, whenever a tract to be subdivided includes a school, recreation uses (in excess of the requirements of this section) or other public use as indicated on the Master Plan or any portion thereof, such space shall be suitably incorporated by the applicant into his preliminary plat. After proper determination of its necessity by the Planning Board and the appropriate Town official or other public agency involved in the acquisition and use of each such site and a determination has been made to acquire the site by the town, the site shall be suitably incorporated by the applicant into the preliminary and final plats.
(2)
Referral. The Planning Board shall refer the preliminary
plat to the appropriate public agency concerned with acquisition for
its consideration and report. The Planning Board may propose alternate
areas for such acquisition and shall allow the public agency 30 days
for reply. The agency's recommendation, if affirmative, shall include
a map showing the boundaries and area of the parcel to be acquired
and an estimate of the time required to complete the acquisition.
(3)
Notice of property owner. Upon a receipt of an affirmative
report, the Planning Board shall notify the property owner and shall
designate on the preliminary and final plats that area proposed to
be acquired by the public agencies.
A.
Soil preservation, grading and seeding.
(1)
Soil preservation and final grading. No certificate
of occupancy shall be issued until final grading has been completed
in accordance with the approved final subdivision plat and the lot
precovered with soil with an average depth of at least six inches,
which shall contain no particles over two inches in diameter over
the entire area of the lot, except that portion covered by buildings
or included in streets or where the grade has not been changed or
natural vegetation seriously damaged. Topsoil shall not be removed
from residential lots or used as spoil, but shall be redistributed
so as to provide at least six inches of cover on the lots and at least
four inches of cover between the sidewalks and curbs and shall be
stabilized by seeding or planting.
(2)
Lot drainage. Lots shall be laid out so as to provide
positive drainage away from all buildings, and individual lot drainage
shall be coordinated with the general storm drainage pattern for the
area. Drainage shall be designed so as to avoid concentration of storm
drainage water from each lot to adjacent lots.
(3)
Lawn-grass seed and sod. Lawn-grass seed shall be
sown at not less than four pounds to each 1,000 square feet of land
area. In the spring, the seed shall be sown between March 15 and May
15; and in the fall, the seed shall be sown between August 15 and
September 30. All lots shall be seeded from the roadside edge of the
unpaved right-of-way back to a distance of 25 feet behind the principal
residence on the lot. No certificate of occupancy shall be issued
until respreading of soil and seeding of lawn has been completed;
except that, between October 1 and March 15 and between May 15 and
August 15, the applicant shall submit an agreement, in writing, signed
by the developer and the property owner, with a copy to the Code Enforcement
Officer, that respreading of soil and seeding of the lawn will be
done during the immediate following planting season as set forth in
this section and leave a cash escrow for performance in such amount
as shall be determined by the Code Enforcement Officer. Sod may be
used to comply with any requirement of seeding set forth herein.
B.
Debris and waste. No cut trees, timber, debris, rocks,
stones, junk, rubbish or other waste materials of any kind shall be
buried in any land or left or deposited on any lot or street at the
time of the issuance of a certificate of occupancy, and removal of
the same shall be required prior to issuance of any certificate of
occupancy on a subdivision; nor shall any be left or deposited in
any area of the subdivision at the time of expiration of the performance
bond or dedication of public improvements, whichever is sooner.
C.
Fencing. Each subdivider and/or developer shall be
required to furnish and install fences wherever the Planning Board
determines that a hazardous condition may exist. The fences shall
be constructed according to standards established by the Town Engineer
and shall be noted as to height and material on the final plat. No
certificate of occupancy shall be issued until said fence improvements
have been duly installed.
D.
Water bodies and watercourses. If a tract being subdivided
contains a water body or portion thereof, lot lines shall be so drawn
as to distribute the entire ownership of the water body among the
adjacent lots. The Planning Board may approve an alternative plan
whereby the ownership of and responsibility for safe maintenance of
the water body is so placed that it will not become a Town government
responsibility. Where a watercourse separates the buildable area of
a lot from the street by which it has access, provisions shall be
made for installation of a culvert or other structure of design approved
by the Town Superintendent of Highways and installed by the developer.
E.
Performance bond to include lot improvement.
(1)
The performance bond shall include an amount to guarantee
completion of all requirements contained in these regulations, including
but not limited to soil preservation, final grading, lot drainage,
lawn-grass seeding, removal of debris and waste, fencing and all other
lot improvements required by the Planning Board.
(2)
Whether or not a certificate of occupancy has been
issued, at the expiration of the performance bond, the Town government
may enforce the provisions of the bond where the provisions of this
section or any other applicable law, ordinance or regulation have
not been complied with.
A.
General requirements.
(1)
Where a public water main is accessible, the subdivider
shall install adequate water facilities, including fire hydrants,
subject to the specifications of the state or local authorities.
(2)
Water main extensions shall be approved by the officially
designated agency of the state or local government.
(3)
To facilitate the above, the location of all fire
hydrants, all water supply improvements and the boundary lines of
proposed districts, indicating all improvements proposed to be served,
shall be shown on the preliminary plat, and the cost of installing
the same shall be included in the performance bond to be furnished
by the developer.
B.
Individual wells and central water systems.
(1)
At the discretion of the Planning Board, if a public
water system is not available, individual wells may be used or a central
water system provided in such a manner that an adequate supply of
potable water will be available to every lot in the subdivision. Water
samples shall be submitted to the Health Department for its approval,
and individual wells and central water systems shall be approved by
the appropriate health authorities. Orders of approval shall be submitted
to the Planning Board.
(2)
If the Planning Board requires that a connection to
a public water main be eventually provided as a condition to approval
of an individual well or central water system, the applicant shall
make arrangements for future water service at the time the plat received
final approval. Performance or cash bonds may be required to insure
compliance.
A.
General requirements. The applicant shall install
sanitary sewer facilities in a manner prescribed by the local government
construction standards and specifications. All plans shall be designed
in accordance with the rules, regulations and standards of the town,
Health Department and other appropriate agencies. Plans shall be approved
by the above agencies.
B.
Sanitary sewerage systems shall be constructed as
follows:
(1)
Where a public sanitary sewerage system is reasonably
accessible, the applicant shall connect with the same and provide
sewers accessible to each lot in the subdivision.
(2)
Where public sanitary sewerage systems are not reasonably
accessible but will become available within a reasonable time, the
applicant may choose one of the following alternatives:
(a)
A central sewerage system, the maintenance cost
to be assessed against each property benefited. Where plans for future
public sanitary sewerage systems exist, the applicant shall install
the sewer lines, laterals and mains to be in permanent conformance
with such plans and ready for connection to such public sewer mains;
or
(b)
Individual disposal systems, provided that the
applicant shall install sanitary sewer lines, laterals and mains from
the street curb to a point in the subdivision boundary where a future
connection with the public sewer main shall be made. Sewer lines shall
be laid from the house to the street line, and a connection shall
be available in the home to connect from the individual disposal system
to the sewer system when the public sewers become available. Such
sewer systems shall be capped until ready for use and shall conform
to all plans for installation of the public sewer system, where such
exist, and shall be ready for connection to such public sewer main.
C.
Mandatory connection to public sewer system. If a
public sanitary sewer is accessible and a sanitary sewer is placed
in a street or alley abutting upon property, the owner thereof shall
be required to connect to said sewer for the purpose of disposing
of waste, and it shall be unlawful for any such owner or occupant
to maintain upon any such property an individual sewage disposal system.
D.
Individual disposal system requirements. If public sewer facilities are not available and individual disposal systems are proposed, minimum lot areas shall conform to the requirements of Chapter 215, Zoning, and percolation tests and test holes shall be made as directed by the Health Department and the results submitted to the Health Department. The individual disposal system, including the size of the septic tanks and size of the tile fields or other secondary treatment device, shall also be approved by the Health Department.
A.
General requirements. The Planning Board shall not approve any plat which does not make adequate provision for storm- or floodwater runoff channels or basins. The stormwater drainage system shall be separate and independent of any sanitary sewer system. Storm sewers, where required, shall be designed by a method approved by the Planning Board, and a copy of design computations shall be submitted along with plans. Inlets shall be provided so that surface water is not carried across or around any intersection. Catch basins shall meet the standards established in Chapter A229, Road Construction Standards, § A229-14B. When calculations indicate that curb capacities are exceeded at a point, no further allowance shall be made for flow beyond that point, and basins shall be used to intercept flow at that point. Surface water drainage patterns shall be shown for each and every lot and block.
B.
Nature of stormwater facilities.
(1)
Location. The applicant may be required by the Planning
Board to carry away by pipe or open ditch any spring or surface water
that may exist either previously to or as a result of the subdivision.
Such drainage facilities shall be located in the road right-of-way,
where feasible, or in perpetual unobstructed easements of appropriate
width and shall be constructed in accordance with the construction
standards and specifications.
(2)
Accessibility to public storm sewers.
(a)
Where a public storm sewer is accessible, the
applicant shall install storm sewer facilities, or, if no outlets
are within a reasonable distance, adequate provision shall be made
for the disposal of stormwaters, subject to the specifications of
the Town Superintendent of Highways.
(b)
If a connection to a public storm sewer will
be provided eventually, as determined by the Town Superintendent of
Highways and the Planning Board, the developer shall make arrangements
for future stormwater disposal by a public utility system at the time
the plat receives final approval. Provision for such connection shall
be incorporated by inclusion in the performance bond required for
the final plat.
(3)
Accommodation of upstream drainage areas. A culvert or other drainage facility shall in each case be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The Town Superintendent of Highways shall determine the necessary size of the facility, based on the provisions of the construction standards and specifications assuming conditions of maximum potential watershed development permitted by Chapter 215, Zoning.
(4)
Effect on downstream drainage areas. The Town shall
also study the effect of each subdivision on existing downstream drainage
facilities outside the area of the subdivision. Area drainage studies,
together with such other studies as shall be appropriate, shall serve
as a guide to needed improvements. Where it is anticipated that the
additional runoff incident to the development of the subdivision will
overload an existing downstream drainage facility, the Planning Board
may withhold approval of the subdivision until provision has been
made for the improvement of said potential condition in such sum as
the Planning Board shall determine. No subdivision shall be approved
unless adequate drainage will be provided to an adequate drainage
watercourse or facility.
(5)
Floodplain areas. The Planning Board may, when it
deems it necessary for the health, safety or welfare of the present
and future population of the area and necessary to the conservation
of water, drainage and sanitary facilities, prohibit the subdivision
of any portion of the property which lies within the floodplain of
any stream or drainagecourse. These floodplain areas shall be preserved
from any and all destruction or damage resulting from clearing, grading
or dumping of earth, waste material or stumps, except at the discretion
of the Planning Board.
(6)
Lot area. Not more than 10% of the minimum area requirement
of a lot may be filled by land which is under water or subject to
periodic flooding. All minimum front, side and rear yard requirements
must be satisfied by measurement on dry land.
C.
Dedication of drainage easements.
(1)
General requirements. Where a subdivision is traversed
by a watercourse, drainageway, channel or stream, there shall be provided
a stormwater easement or drainage right-of-way conforming substantially
to the lines of such watercourse and of such width and construction,
or both, as will be adequate for the purpose. Wherever possible, it
is desirable that the drainage be maintained by an open channel with
landscaped banks and adequate width for maximum potential volume of
flow.
(2)
Drainage easements.
(a)
Where topography or other conditions are such
as to make impractical the inclusion of drainage facilities within
road rights-of-way, perpetual unobstructed easements at least 20 feet
in width for such drainage facilities shall be provided across property
outside the road lines and with satisfactory access to the road. Easements
shall be indicated on the plat. Drainage easements shall be carried
from the road to a natural watercourse or to other drainage facilities.
(b)
When a proposed drainage system will carry water
across private land outside the subdivision, appropriate drainage
rights must be secured and indicated on the plat.
(c)
The applicant shall dedicate, either in fee
or by drainage or conservation, easement of land on both sides of
existing watercourses to a distance to be determined by the Planning
Board.
(d)
Low-lying lands along watercourses subject to
flooding or overflowing during storm periods, whether or not included
in areas for dedication, shall be preserved and retained in their
natural state as drainageways. Such land or lands subject to periodic
flooding shall not be computed in determining the number of lots to
be utilized for average density procedure nor for computing the area
requirement of any lot.
Location. All utility facilities, including
but not limited to gas, electric power, telephone and cable television
(CATV) cables, shall be located underground throughout the subdivision.
Wherever existing utility facilities are located aboveground, except
where existing on public roads and rights-of-way, they shall be removed
and placed underground. All utility facilities existing and proposed
throughout the subdivision shall be shown on the final plat. Underground
service connections to the street property line of each platted lot
shall be installed at the subdivider's expense. At the discretion
of the Planning Board, the requirement for service connections to
each lot may be waived in the case of adjoining lots to be retained
in single ownership and intended to be developed for the same primary
use.
A.
General requirements.
(1)
Frontage on improved roads. No subdivision shall be
approved unless the area to be subdivided shall have frontage on and
access from an existing street on the Official Map or, if there is
no Official Map, unless such street is:
(a)
An existing state, county or Town road; or
(b)
A street shown upon a plat approved by the Planning
Board and recorded in the County Recorder of Deeds' office. Such street
or highway must be suitably improved as required by the highway rules,
regulations, specifications or orders or be secured by a performance
bond required under these subdivision regulations, with the width
and right-of-way required by these subdivision regulations or the
Official Map Plan.
(2)
Grading and improvement plan. Roads shall be graded
and improved and shall conform to the Town road construction standards
and specifications[1] and shall be approved as to design and specifications
by the Town Superintendent of Highways, in accordance with the construction
plans required to be submitted prior to final plat approval.
(3)
Topography and arrangement.
(a)
Roads shall be related appropriately to the
topography. Rural/suburban (minor) streets shall be curved wherever
possible to avoid conformity of lot appearance. All streets shall
be arranged so as to obtain as many as possible of the building sites
at or above the grades of the streets. Grades of streets shall conform
as closely as possible to the original topography. A combination of
steep grades and curves shall be avoided.
(b)
All streets shall be properly integrated with
the existing and proposed system of thoroughfares and dedicated rights-of-way
as established on the Official Map and/or Master Plan.
(c)
All thoroughfares shall be properly related
to special traffic generators, such as industries, business districts,
schools, churches and shopping centers, to population densities and
to the pattern of existing and proposed land uses.
(d)
Rural/suburban (minor) streets shall be laid
out to conform as much as possible to the topography, to discourage
use by through traffic, to permit efficient drainage and utility systems
and to require the minimum number of streets necessary to provide
convenient and safe access to property.
(e)
The rigid rectangular gridiron street pattern
need not necessarily be adhered to, and the use of curvilinear streets,
culs-de-sac or U-shaped streets shall be encouraged where such use
will result in a more desirable layout.
(f)
Proposed streets shall be extended to the boundary
lines of the tract to be subdivided, unless prevented by topography
or other physical conditions or unless, in the opinion of the Planning
Board, such extension is not necessary or desirable for the coordination
of the layout of the subdivision with the existing layout or the most
advantageous future development or adjacent tracks.
(g)
In business and industrial developments, the
streets and other accessways shall be planned in connection with the
grouping of buildings, location of rail facilities and the provision
of alleys, truck-loading and maneuvering areas and walks and parking
areas so as to minimize conflict of movement between the various types
of traffic, including pedestrian.
B.
Highway classification.
(1)
COMMERCIAL/INDUSTRIAL (BUSINESS) STREET
MAJOR/THROUGH (COLLECTOR) STREET
RURAL/SUBURBAN (MINOR) STREET
As used herein, the following terms shall have the
meanings indicated:
A street which serves or is designed to serve abutting business
lots.
A street which carries traffic from minor streets to the
major arterial streets; the principal entrance and circulation streets
within a development.
A street intended to serve primarily as an access to abutting
residential lots.
C.
General. In order to provide for roads of suitable
location, width and improvement to accommodate prospective traffic
and afford satisfactory access to police, fire-fighting, snow removal,
sanitation and road maintenance equipment and to coordinate roads
so as to compose a convenient system and avoid undue hardships to
adjoining properties, the following design standards for roads are
hereby required:
|
Street Classification
| ||||
|---|---|---|---|---|
|
Improvement
|
Rural/ Suburban
(minor)
|
Major/ Through
(collector)
|
Commercial Industrial
(business)
| |
|
Minimum width of right-of-way (feet)
|
50
|
60
|
60
| |
|
Minimum width of pavement or travel
surface (feet)
|
24
|
36
|
42
| |
|
Minimum radius of horizontal curves(feet)
|
150, except for street intersection
corners
|
300
|
400
| |
|
Minimum length of tangents between
reverse curves (feet)
|
100, except where excessive grades
may be reduced to reasonable grades by shortening tangent
|
200
|
200
| |
|
Maximum grade (percent)
|
10
|
10
|
10
| |
|
Minimum grade (percent)
|
2
|
2
|
2
| |
(1)
Minimum standard requirements. Minimum standard requirements for establishing new Town roads for the Town of Pawling as outlined in Chapter A229, Road Construction Standards, shall prevail.
(2)
Excess right-of-way. Right-of-way widths in excess
of the standards designated in these regulations shall be required
whenever, due to topography, additional width is necessary to provide
adequate earth slopes. Such slopes shall not be in excess of three
to one (3:1).
(3)
Railroads and limited-access highways. Railroad rights-of-way
and limited-access highways, where so located as to affect the subdivision
of adjoining lands, shall be treated as follows:
(a)
In residential districts, a buffer strip at
least 25 feet in depth in addition to the normal depth of the lot
required in the district shall be provided adjacent to the railroad
right-of-way or limited-access highway. This strip shall be part of
the platted lots and shall be designated on the plat: "This strip
is reserved for screening. The placement of structure hereon is prohibited."
(b)
In districts zoned for business, commercial
or industrial uses, the nearest street extending parallel or approximately
parallel to the railroad shall, wherever practicable, be at a sufficient
distance therefrom to ensure suitable depth for commercial or industrial
sites.
(c)
Streets parallel to the railroad when intersecting
a street which crosses the railroad at grade shall, to the extent
practicable, be at a distance of at least 150 feet from the railroad
right-of-way. Such distance shall be determined with due consideration
of the minimum distance required for future separation of grades by
means of appropriate approach gradients.
D.
Improvements.
(1)
Streets shall be graded and improved with pavement,
street signs, sidewalks, streetlighting standards, curbs, gutters,
trees, water mains, sanitary sewers, storm drains and fire hydrants,
except where the Planning Board may waive, subject to appropriate
conditions, such improvements as it considers are not requisite in
the interest of public health, safety and general welfare.
(2)
Underground utilities required by the Planning Board
shall be placed outside the paved roadway to simplify location and
repair of the lines, and the subdivider shall install underground
service connections to the property line of each lot before the street
is paved. The water line depth shall not be less than four feet.
(3)
Grading and improvements shall conform to the Town
minimum road specifications and shall be approved as to design and
specifications by the Town Superintendent of Highways and by the county
and state where they are concerned.
(4)
All road pavement, shoulders, drainage improvements
and structures, curbs, turnarounds and sidewalks shall conform to
all construction standards and specifications adopted by the Planning
Board, Town Superintendent of Highways or Town Board and shall be
incorporated into the construction plans required to be submitted
by the developer for plat approval.
(5)
Bridges. Bridges of primary benefit to the applicant,
as determined by the Planning Board, shall be constructed at the full
expense of the applicant without reimbursement from the town. The
sharing expense for the construction of bridges not of primary benefit
to the applicant, as determined by the Planning Board, will be fixed
by special agreement between the Town and the applicant. Said cost
shall be charged to the applicant pro rata as the percentage of his
land developed and so served.
(6)
Road dedications and reservations.
(a)
New perimeter streets. Street systems in new
subdivisions shall be laid out so as to eliminate or avoid new perimeter
half-streets. Where an existing half-street is adjacent to a new subdivision,
the other half of the street shall be improved and dedicated by the
subdivider. The Planning Board may authorize a new perimeter street
where the subdivider improves and dedicates the entire required street
right-of-way width within his own subdivision boundaries.
(b)
Widening and realignment of existing non-town roads. Where a subdivision borders an existing narrow road or when the Master Plan, Official Map or zoning setback regulations indicate plans for realignment or widening a road that would require use of some of the land in the subdivision, the applicant may be required to improve at his expense such areas for widening or realignment of such roads. Such roads and streets shall be improved by the applicant at his own expense to the full width as required by these subdivision regulations. Land reserved for any road purposes may not be counted in satisfying yard or area requirements of Chapter 215, Zoning, whether the land is to be dedicated to the municipality in fee simple or an easement is granted to the town.
(7)
Continuation of streets into adjacent property. Streets
shall be arranged so as to provide for the continuation of principal
streets between adjacent properties where such continuation is necessary
for convenient movement of traffic, effective fire protection, efficient
provision of utilities and particularly where such continuation is
in accordance with the Town Plan. If the adjacent property is undeveloped
and the street must be a dead-end street temporarily, the right-of-way
and improvements shall be extended to the property line. A temporary
circular turnaround, a minimum of 60 feet in radius, shall be provided
on all temporary dead-end streets, with the notation on the plat that
land outside the street right-of-way shall revert to abutters whenever
the street is continued.
(8)
Temporary streets. The Planning Board may limit the
length of temporary dead-end streets in accordance with the design
standards of these regulations.
(9)
Permanent dead-end streets (culs-de-sac). Where a
street does not extend to the boundary of the subdivision and its
continuation is not needed for access to adjoining property, it shall
be separated from such boundary by a distance of not less than 100
feet. Reserve strips of land shall not be left between the end of
a proposed street and an adjacent piece of property; however, the
Planning Board may require the reservation of a twenty-foot-wide easement
to accommodate pedestrian and/or bicycle traffic and utilities. A
circular turnaround with a minimum right-of-way radius of 70 feet
shall be provided at the end of a permanent dead-end street. For greater
convenience to traffic and more effective police and fire protection,
permanent dead-end streets shall, in general, be limited in length
to one block.
(10)
Street names. All streets shall be named and
such names shall be subject to the approval of the Town Planning Board.
Names shall be sufficiently different in sound and in spelling from
other street names in the Town so as not to cause confusion. A street
which is a continuation of an existing street shall bear the same
name.
(11)
Sight distance.
(a)
Unless specifically waived by the Planning Board,
minimum sight distances shall be provided in accordance with the following
table, except that for downgrades in excess of 3%, the minimum stopping
sight distance shall be increased as determined by the Town Superintendent
of Highways:
|
Traffic Speed
(miles per hour)
|
Minimum Stopping Sight Distance
(feet)
| |
|---|---|---|
|
30
|
200
| |
|
40
|
275
| |
|
50
|
350
| |
|
55
|
425
|
(b)
Stopping sight distance is measured from the
driver's eye, three and one-half (3 1/2) feet above the pavement,
to the top of an object six inches high on the pavement.
(12)
Sight easements shall be provided across all
street corners, outside the street corners, outside the street right-of-way,
within the triangular area formed by the nearest edges of street pavement
and a straight line between two points each 75 feet back from the
theoretical intersection of the edges of such pavement prolonged.
The easements shall provide that the holder of fee title to the abutting
streets shall have the right to enter the easement area for the purpose
of clearing, pruning or regrading so as to maintain a clear line of
sight in either direction across such triangular area between an observer's
eye 3.5 feet above the pavement surface on one street and an object
one foot above the pavement surface on the other. The initial establishment
of clear sight lines within the sight easement area shall be the responsibility
of the subdivider. Nothing in the way of fences, walls, hedges or
other landscaping shall be permitted to obstruct such visibility.
E.
Feeder road.
(1)
In order to maintain the flow and circulation of traffic
along 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 along an existing or
proposed road. The Planning Board, where appropriate, shall:
(a)
Approve the number, spacing and location of
any entrance(s) and exit(s) from the property under review.
(b)
Require the interconnection of parking areas
and land uses via access drives within and between adjacent lots.
(c)
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.
(2)
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.
(3)
The Planning Board shall require written assurance
and/or deed restrictions, satisfactory to the Town Attorney, binding
the owner and his heirs and assignees to permit and maintain such
internal access and circulation and interuse of parking facilities.
F.
Blocks.
(1)
Blocks shall have sufficient width to provide for
two tiers of lots of appropriate depths. Exceptions to this prescribed
block width shall be permitted in blocks adjacent to major streets,
railroads or waterways.
(2)
The lengths, widths and shapes of blocks shall be
such as are appropriate for the locality and the type of development
contemplated, but the combined total footage of all blocks to be included
in any one application shall not exceed 2,200 feet nor shall any individual
block be less than 400 feet in length, Wherever practicable, blocks
along major arterials and collector streets shall not be less than
1,000 feet in length.
[Amended 2-8-2005 by L.L. No. 1-2005]
(3)
Long blocks.
(a)
In long blocks, the Planning Board may require
the reservation of a twenty-foot-wide easement through the block to
accommodate utilities, drainage facilities or pedestrian traffic.
(b)
Pedestrianways or crosswalks, not less than
10 feet wide, may be required by the Planning Board through the center
of blocks more than 800 feet long where deemed essential to provide
circulation or access to schools, playgrounds, shopping centers, transportation
or other community facilities. Blocks designed for industrial uses
shall be of such length and width as may be determined suitable by
the Planning Board for prospective use.
(4)
Where the general character of the area surrounding
the proposed subdivision indicates it desirable, a pattern of block
size and shape known as "cluster type" will be encouraged.
G.
Intersections.
(1)
Streets shall be laid out so as to intersect as nearly
as possible at right angles. An oblique street should be curved approaching
an intersection and should be approximately at right angles for at
least 100 feet therefrom.
(2)
Intersections of major streets by other streets shall
be at least 800 feet apart, if possible. Cross-street (four-cornered)
intersections shall be avoided except at important traffic intersections.
A distance of at least 150 feet shall be maintained between offset
intersections. All street intersection corners shall be rounded by
curves of at least 25 feet in radius at the property line.
(3)
Proposed new intersections along one side of an existing
street shall, wherever practicable, coincide with any existing intersections
on the opposite side of such street. Where streets intersect major
streets, their alignment shall be continuous.
(4)
In hilly or rolling areas, at the approach to an intersection,
a leveling area shall be provided having not greater than one-and-one-half-percent
rate at a distance of 60 feet, measured from the nearest right-of-way
line of the intersecting street.
A.
Required improvements.
(1)
Sidewalks shall be included within the dedicated nonpavement
right-of-way of all roads as determined by the Planning Board.
(2)
Curbs are required for all roads where sidewalks are
required by these regulations or where required in the discretion
of the Planning Board.
(3)
Sidewalks shall be improved as required in Town regulations
and these regulations. A median strip of grassed or landscaped areas
at least two feet wide shall separate all sidewalks from adjacent
curbs.
B.
Pedestrian and bicycle easements. The Planning Board
may require, in order to facilitate pedestrian and bicycle access
from the roads to schools, parks, playgrounds or other nearby roads,
perpetual unobstructed easements at least 20 feet in width. Easements
shall be indicated on the plat.
C.
Access. In recognition of the mobility needs of aged
and handicapped residents, the Planning Board, at its option, may
require that the following provisions be met in areas that are intended
for public use, such as but not limited to parks, commercial establishments
and community facilities.
(1)
Sidewalks. Pedestrian ramps should be provided whenever
walks cross streets, parking lots or driveways to preclude abrupt
changes in level. Where constructed, the grade level, width and length
of ramps shall be approved by the Town Superintendent of Highways.
(2)
Access to buildings. A safe and convenient means of
pedestrian access from a vehicular unloading area and from parking
areas without intervening stairs or steps should be provided.
A.
General.
(1)
If a proposed subdivision includes land that is zoned
for commercial or industrial purposes, the layout of the subdivision
with respect to such land shall make such provision as the Planning
Board may require.
(2)
A nonresidential subdivision shall also be subject to all the requirements of site plan approval set forth in Chapter 215, Zoning. Site plan approval and nonresidential subdivision plat approval may proceed simultaneously at the discretion of the Planning Board. A nonresidential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the Planning Board, and shall conform to the proposed land use and standards established in the Master Plan, Official Map and Chapter 215, Zoning.
B.
Standards. In addition to the principles and standards
in these regulations, which are appropriate to the planning of all
subdivisions, the applicant shall demonstrate to the satisfaction
of the Board that the street, parcel and block pattern proposed is
specifically adapted to the uses anticipated and takes into account
other uses in the vicinity. The following principles and standards
shall be observed:
(1)
Proposed industrial parcels shall be suitable in area
and dimensions to the types of industrial development anticipated.
(2)
Street rights-of-way and pavement shall be adequate
to accommodate the type and volume of traffic anticipated to be generated
thereupon.
(3)
Special requirements may be imposed by the Town with
respect to street, curb, gutter and sidewalk design and construction.
(4)
Special requirements may be imposed by the local government
with respect to the installation of public utilities, including water,
sewer and stormwater drainage.
(5)
Every effort shall be made to protect adjacent residential
areas from potential nuisance from a proposed commercial or industrial
subdivision, including the provision of extra depth in parcels backing
up on existing or potential residential development and provisions
for a permanently landscaped buffer strip when necessary.
(6)
Streets carrying nonresidential traffic, especially
truck traffic, shall not normally be extended to the boundaries of
adjacent existing or potential residential areas.
