A.
The Planning Board, in considering an application
for the subdivision of land, shall be guided by the following considerations
and standards, which standards shall be deemed to be the minimum requirements
for the convenience, health, safety and welfare of the City.
B.
General standards.
(1)
Character of land. Land to be subdivided shall be
of such character that it can be used safely for building purposes
without danger to health or peril from fire, flood or other menace.
Land subject to such hazards shall not be subdivided nor developed
for residential purposes, nor for such other uses as may increase
danger to health, life or property, or aggravate a flood hazard, but
such land may be set aside for uses as shall not involve such danger
nor produce unsatisfactory living conditions.
(2)
Preservation of natural features.
(a)
Land to be subdivided shall be designed in reasonable
conformity to existing topography in order to minimize grading, cut
and fill, and to retain, insofar as possible, the natural contours,
to limit stormwater runoff, and to conserve the natural vegetative
cover and soil. No tree, topsoil or excavated material shall be removed
from its natural position except where necessary and incidental to
the improvement of lots and the construction of streets, private roads
and related facilities in accordance with the approved plan. Topsoil
shall be restored to a depth of at least six inches and properly seeded
and fertilized in those disturbed areas not occupied by buildings
or structures.
(b)
Existing natural features which are of ecological,
aesthetic or scenic value to residential development or to the City
as a whole, such as wetlands, watercourses, water bodies, rock formations,
stands of trees, historic spots, and similar irreplaceable assets,
shall be preserved, insofar as possible, through harmonious design
of the subdivision and, where appropriate, the Planning Board may
require the inclusion of such features in permanent reservations.
(3)
Conformity to City Development Plan and Official Map.
Streets, parks and other subdivision features shall conform to the
City Development Plan and the Official Map.
(4)
Frontage on improved streets. The area proposed to
be subdivided shall have frontage on and direct access to a street
duly placed on the Official Map, and if such street is not improved
to the satisfaction of the Planning Board, such improvements shall
be a condition of subdivision approval.
A.
Location, width and improvement. Streets shall be
suitably located, of sufficient width, and adequately improved to
accommodate the expected traffic and to afford satisfactory access
to police, fire-fighting, snow removal and other utility and street
maintenance equipment, and shall be coordinated so as to compose a
safe and convenient system. The location, arrangement or design of
street shall be such as to cause no undue hardship to adjoining properties.
B.
Relation to topography. Streets shall be appropriately
related to the natural topography and shall be arranged so as to obtain
as many as possible of the building sites at, or above, the grades
of the streets. A combination of steep grades and curves shall be
avoided.
C.
Intersections. Intersections of major streets shall
be at least 800 feet apart, if possible. Cross (four-cornered) street
intersections shall be avoided insofar as possible, except at important
traffic locations. A distance at least equal to the minimum required
lot width, but not less than 150 feet, shall be maintained between
center lines of offset intersecting streets. Within 60 feet of the
center of an intersection, streets shall be at approximately right
angles and grades shall be limited to 1.5%. All street intersection
corners shall be bounded by curves of at least 25 feet in radius at
the property line. Wherever two streets intersect at an angle of less
than 75°, special pavement, channelization, right-of-way and/or
sight easement restrictions may be required by the Planning Board.
D.
Block size. Within any zoning district, block dimensions
shall be at least twice the minimum lot depth and generally not more
than 12 times the minimum lot width. In long blocks, the Planning
Board may require the reservation through the block of a twenty-foot-wide
easement to accommodate utilities or pedestrian traffic.
E.
Continuation of streets into adjacent properties.
(1)
The arrangement of streets shall provide for their
continuation between adjacent properties where such continuation is
determined necessary for proper traffic movement, effective fire protection,
efficient provision of utilities, snow removal and other services,
and/or where such continuation is in accordance with the City Development
Plan. Alternatively, if a street continuation is not determined to
be warranted by the circumstances, or would result in unsafe traffic
conditions or otherwise jeopardize the public safety and welfare,
the Planning Board may require such street to be terminated short
of the boundary lines of the subdivision.
(2)
Where a continuation of a street beyond the boundaries
of a subdivision is warranted, but the adjacent property is undeveloped
and the street must dead-end temporarily, the Planning Board may require
that the right-of-way and all improvements be extended to the property
line. A temporary circular turnaround of a minimum of 50 feet in radius
shall be provided on all temporary dead-end streets in excess of 100
feet in length, with a notation on the plat that land outside the
normal street right-of-way shall revert to abutting property owners
upon continuation of the street. The length of temporary dead-end
streets shall normally be limited to not more than double the permitted
length of permanent dead-end streets.
(3)
Where a turnaround exists at the end of a street within
an adjoining development to which a proposed street is to connect,
the applicant may be required to remove the portions of the turnaround
pavement outside of the normal width of the traveled way, perform
any necessary reconstruction of the pavement edge, construct continuations
of any existing driveways to the new pavement edge, and regrade, seed
and drain the disturbed areas in such a manner as to blend them in
with the surrounding landscape.
F.
A permanent dead-end street.
(1)
Where a street does not extend to the boundary of
a subdivision and its future continuation is not required by the Board,
it shall be separated from such boundary by a distance not less than
the minimum required lot depth. The Planning Board may require the
reservation of a twenty-foot-wide easement to the boundary to accommodate
utilities, drainage facilities and/or pedestrian traffic. A circular
turnaround of a minimum right-of-way radius of 65 feet shall be provided
at the end of a permanent dead-end street.
(2)
For greater convenience to traffic and more effective
police and fire protection, the nonlooped portion of permanent dead-end
streets shall, in general, be limited in length, exclusive of the
turnaround, to eight times the minimum lot width for the zoning district
in which it is located.
G.
Street names. All streets shall be named, and such
names shall be subject to the approval of the Planning Board. Prior
to naming streets, the Planning Board shall confer with the Beacon
Historical Society for the purpose of receiving recommendations for
the naming of streets after notable persons in Beacon's history. Street
names shall be sufficiently different in sound and in spelling from
other names in the City so as not to cause confusion. A street which
is a continuation of an existing street shall bear the same name.
In general, street names shall conform to the following classifications:
(1)
Avenue, street or road: major or collector street.
A.
General requirements. Notwithstanding other provisions
of this chapter which pertain to major, suburban and local streets,
the following general requirements shall apply to private roads.
(1)
Private roads of the design described in Subsection B below shall only be utilized to serve lots for single-family use. For the purposes of determining use of a private road, no distinction shall be made between developed and nondeveloped residential lots; lots in either condition shall be eligible for access by a private road.
(2)
A private road of the design described in Subsection B below shall not provide access for more than four residential lots, except that up to two additional lots may use the private road, if a private agreement so allows, provided that those two additional lots have the minimum required frontage on a public street.
(3)
Notwithstanding the subsection immediately above, in order to create in excess of four lots on a private road of the design described in Subsection B below (six if two additional lots have required frontage), said private road shall either be owned by a homeowners' or condominium association, or shall have first been improved to the current applicable street specifications, dedicated to and accepted by the City or other governmental authority, in which latter case it shall cease to be a private road.
(4)
For greater convenience to traffic and more effective
police and fire protection, the nonlooped portion of permanent dead-end
private roads shall, in general, be limited in length, exclusive of
the turnaround, to eight times the minimum lot width for the zoning
district in which it is located.
(5)
If the total length of all private roads in a subdivision
exceeds eight times the minimum lot width for the zoning district
in which they are located, then the private road(s) must be owned
by a homeowners' or condominium association.
(6)
The City Planning Board shall not approve the use
of a private road in any subdivision if it is determined that the
use of said private road is not consistent with the health, safety,
welfare and convenience of the proposed users of the road and the
people of the City in general.
(7)
To the extent practicable, the owner of any lot having
access only to an approved private road shall be the owner of the
portion of the private road adjacent to his lot to the center line
of said private road unless such other ownership provisions have been
shown on the filed subdivision plat, as approved by the Planning Board.
(8)
In all cases, dimensions used in determining compliance
with the applicable zoning district (i.e., area, setbacks, frontage,
etc.) shall be calculated and measured from or along the right-of-way
lines (easement lines) indicated for the private road.
(9)
Responsibility for maintenance.
(a)
Where a subdivision plat containing a private
road is approved and filed with the Dutchess County Clerk, such subdivision
plat shall contain a note clearly stating that the subdivision contains
a private road which the City of Beacon has no responsibility to maintain,
provide services for, nor make any improvements to; all such costs
shall be borne by the property owners using said road in accordance
with the terms of a maintenance declaration or agreement, as referenced
herein below.
(b)
All private roads will have provisions for the
maintenance of the private road, drainage facilities and other improvements
incorporated in a maintenance declaration or agreement which shall
be recorded in the Dutchess County Clerk's Office at the time of the
filing of the subdivision plat and prior to the transfer of any subdivision
lot (with a copy of the recorded documents submitted to the City Clerk
for filing).
(c)
A private road may not be offered for dedication
to the City unless the owners of the private road shall first have
caused it to meet or exceed the specifications set forth in this chapter
for a public street for acceptance by the City of Beacon.
(10)
The Planning Board shall require, as a condition
of approval, that a performance guarantee and inspection fees be posted
with the City of Beacon, in a manner set forth in this chapter, to
guarantee the proper installation and the upkeep of the private road
and associated improvements.
(11)
An index shall be kept by the City Clerk of
all subdivisions approved by the Planning Board which contain private
roads. Said subdivision shall be indexed by name, Tax Map designation(s)
and date of approval.
B.
Construction specifications and additional requirements
for private roads serving up to six lots. Notwithstanding other provisions
of this chapter which pertain to major, suburban and local streets,
the following construction specifications and additional requirements
shall apply to private roads serving up to six lots. If the Planning
Board shall authorize the construction of a private road in accordance
with the standards set forth in this chapter, said private road shall
conform to the minimum standards set forth below:
(1)
The private road will have the subbase prepared and
compacted to maximum density (minimum 95%). Where grade alteration
is required, the same shall be accomplished by the use of Item 4,
compacted to maximum density (minimum 95%). Materials shall be certified
by the design engineer as suitable for the purposes indicated.
(2)
Said private road will have a base course which shall
consist of a minimum of eight inches of crushed stone or graded gravel
base, with a four-inch choker course of stone tailings or fine dust-free
material placed on top of said base course, all of which will be compacted
to maximum density (minimum 95%). A two-inch binder course and a final
surface treatment finish of one-inch top course shall be placed, to
result in a dust-free surface.
(3)
A private road shall not be less than 18 feet in width
(finished surface). In areas where the road will be in a cut through
the existing topography, the road shall be provided with one-foot
wide shoulders which shall be constructed of Item 4. Swales adjacent
to the shoulders shall be a minimum of eight inches in depth and 1.5
feet wide. The swales shall be grass lined or stone lined, as deemed
appropriate for the site condition, as determined by the Street Superintendent
and City Engineer.
(4)
All side slopes adjacent to or part of any private
road shall not be steeper than a slope of two to one in areas where
the road will be in a cut through the existing topography. A "two-to-one
slope" is defined as a drop of one unit of distance vertically for
every two units of distance horizontally. In areas where the road
will be in a fill section, side slopes shall not exceed a three-to-one
slope.
(5)
The right-of-way reserved for all private roads shall
not be less than 50 feet in width; rights-of-way for cul-de-sacs shall
not be less than 120 feet in diameter. If the private road contains
utilities that are to be publicly owned and maintained, then an easement
shall be granted to the City of Beacon over the entire right-of-way
reserved for the private road.
(6)
If any private road shall end in a cul-de-sac, said
cul-de-sac shall have a finished surface being not less than 100 feet
in roadway diameter. Alternate layouts will be considered, subject
to Planning Board approval, when site conditions make construction
of the full-size cul-de-sac impractical.
(7)
If a private road is constructed over a place where
water runs regularly or seasonally underneath said road, or will be
caused to do so as part of the proposed subdivision, smooth-line polyethylene
pipe culvert or Planning Board approved equal shall be installed underneath
the road to permit the passage of water under said road. The size
of said pipe shall be calculated by the applicant's engineer and shall
be as acceptable to the City Engineer.
(8)
All private roads will be required to have a street
name, which shall not duplicate the name of an existing street or
be so similar to the name of an existing street as to be easily confused
with it. Such name shall be posted by street sign in equal construction
and character as those signs currently installed by the City for public
roadways and shall also include a separate and similar sign with identification
as a private road.
C.
Construction specifications and additional requirements
for private roads serving other than up to six lots. A private road
serving more than six lots, serving an attached single-family (townhouse)
or multifamily residential development, or owned by a homeowners'
or condominium association shall be designed to such standards and
construction specifications as deemed appropriate by the Planning
Board, taking into consideration such matters including, but not necessarily
limited to traffic generation and capacity, the minimizing of adverse
environmental impacts, the length of the private road, overall density,
setback requirements, health safety and welfare, and all other generally
accepted planning standards.
A.
Street improvements. Streets shall be graded and improved with pavement, sidewalks, curbs, gutters, street signs, street trees, water mains, sanitary sewers, storm drains, fire alarm signal devices, fire hydrants and other utilities, except that the Planning Board may waive, subject to appropriate conditions, such improvements as it considers are not requisite in the interest of the public health, safety and welfare. The subdivider shall install underground service connections to the property line of each lot before the street is paved. Except where waivers are granted, all such grading and street improvements shall conform in all respects to this chapter and to Chapter 192, Street Specifications.
B.
Drainage requirements.
(1)
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 previous to, or as a result of, the subdivision.
Such drainage facilities shall be located in the street or private
road right-of-way where feasible, or in perpetual unobstructed easements
of appropriate width, and shall be constructed in accordance with
the City Construction Standards and Specifications.
(2)
If a subdivision contains an existing drainage channel
conveying surface water from an off-site upstream drainage area, the
applicant shall be required to provide for the conveyance of such
surface water runoff through the project. Drainage pipes and/or other
conveyance facilities shall be provided large enough, in each subdivision
and for each existing drainage channel, to convey potential runoff
from the entire upstream drainage area through the subdivision, based
on a one-hundred-year storm. The intent of this provision is to maintain
the existing watershed drainage pattern as closely as possible and
to safely convey stormwater runoff from the upstream drainage area
through the subdivision. Further, the applicant shall also be required
to install drainage pipes and/or other conveyance facilities in the
subdivision to accommodate on-site-generated stormwater runoff which
traverses the subdivision for a twenty-five-year storm based on postdevelopment
conditions.
(3)
The Planning Board may require the applicant to prepare
a study of the effects of the subdivision on existing downstream drainage
facilities based on the one-hundred-year storm. Where such study or
the Planning Board, after an independent analysis, determines that
the additional runoff resulting from the development of the subdivision
will adversely impact existing downstream properties or drainage facilities,
the Planning Board may withhold approval until provision has been
made for the correction of said potential condition. An acceptable
corrective provision may be the addition of on-site retention and/or
detention of the increased postdevelopment stormwater runoff from
the subdivision so that there will be no net increase in the peak
rate of stormwater runoff over the subdivision's predevelopment rate.
(4)
The applicant shall be responsible for submitting
computations to the City Engineer in sufficient detail to make possible
the ready determination of the adequacy of the proposed drainage facilities,
and the City Engineer shall be responsible for reviewing these and
preparing recommendations for the Planning Board.
C.
Underground utilities. In order to assure greater
safety and improved appearance, all utility lines and related equipment
for providing power and communication services shall be installed
in the manner prescribed by the regulations of the utility company
having jurisdiction. Underground utility lines shall be located outside
of the traveled way of the streets and private roads but, except in
unusual circumstances, within the right of way. Underground service
connections shall be provided to the property line of each lot before
the street or private road is paved and may pass under the traveled
way of the street or private road.
D.
Other improvements.
(1)
Monuments.
(a)
Monuments shall be required wherever deemed
necessary by the Planning Board to enable all lines to be readily
reproduced on the ground. In general, monuments shall be located no
more than 500 feet apart on street or private road lines, preferably
at street, private road, lot, or easement corners or at points of
curvature or tangency on curved streets or private roads, and spaced
to be within sight of one another along lines entirely within the
street or private road right-of-way.
(b)
Monuments shall be set vertically in solid ground
three inches above ground surface with accurate reference to a permanently
identifiable fixed point, and shall meet or exceed the construction
requirements specified in the City Construction Standards and Specifications.
(3)
Streetlighting standards. Where required by the Planning
Board, street and private road lighting standards, of a design and
location approved by said Board, shall be provided and installed by
the subdivider.
(4)
Sanitary sewers and sewerage facilities, water mains
and water supply facilities, and fire hydrants. The subdivider shall
install sanitary sewers and sewerage facilities and/or water mains
and water supply facilities and fire hydrants of the type and in a
manner prescribed by appropriate City regulations.
(5)
Street and private road trees. The Planning Board
may require the planting of street and private road trees. Such trees
shall be of a hardwood variety indigenous to the neighborhood, and
shall be at least four inches caliper at a height of four feet above
ground level. Where they are required by the Planning Board, such
trees shall be planted along both sides of the street or private road,
within the street or private road right-of-way, and spaced approximately
40 feet on center. Such trees shall be guaranteed to survive two growing
seasons.
(6)
School bus pickup areas. The Planning Board may require
that the subdivider reserve, clear, grade, pave and otherwise improve
an area of such size and location as will provide a safe and suitable
place for the use of children awaiting school buses. In general, the
size of such area shall not be less than 100 square feet, and no dimensions
shall be less than eight feet. Such area shall be included within
the street or private road right-of-way and shall be maintained by
the holder of fee title to the street or private road. The layout
and design shall be subject to Planning Board approval.
(7)
Flood protection. The Planning Board shall review
subdivision proposals and other proposed new developments to assure
that:
(8)
The Planning Board shall require new or replacement
water supply systems and/or sanitary sewerage systems to be designed
to minimize or eliminate infiltration of floodwaters into the systems
and discharges from the systems into floodwaters, and require on-site
waste disposal systems to be located so as to avoid impairment of
them or contamination from them during flooding.
A.
Lot and driveway arrangement. The lot arrangement
shall be such that there will be no foreseeable difficulty, for reasons
of topography or other conditions, in securing building permits to
build on all lots in compliance with the Zoning chapter,[1] and the County Health Department regulations, and in providing
driveway access to buildings on such lots from an approved street
or private road in compliance with the driveway requirements of the
Zoning chapter. Subject to the provision of access easements and a
maintenance declaration or agreement suitable to the City Attorney,
which documents shall be filed with the deeds to the subject lots,
the Planning Board may approve the use of a common driveway for a
maximum of two lots, if the Board determines that the use of said
common driveway is more beneficial to the safety, welfare or convenience
of the proposed users of the driveway and/or the people of the City
in general than would be the case with separate driveways.
B.
Lot dimensions.
(1)
Except as provided elsewhere in this chapter or otherwise
permitted by the City Council, lot area and dimensions shall comply
with at least the minimum standards of the Zoning chapter for the
district in which they are located. Where lots are more than double
the minimum required area, the Planning Board may require that they
be arranged so as to allow for further subdivision and the opening
of future streets where necessary to serve such potential lots, all
in compliance with the Zoning chapter and this chapter. Where, in
the opinion of the Planning Board, lots of larger than minimum size
are required for purposes of proper drainage, water supply, waste
disposal, or the preservation of important ecological features, the
Board may require such oversized lots as a condition of plat approval.
(2)
Side lot lines shall generally be at right angles
to street or private road lines (or radial to curving street or private
road lines) unless the Planning Board allows a variation from this
rule to give a better street, private road or lot arrangement. Dimensions
of corner lots shall be large enough to allow for erection of buildings
observing the minimum front yard setback from both streets or private
roads.
(3)
Where a proposed subdivision includes an existing
residence larger in size than can appropriately be placed on a lot
of the minimum size permitted in the zoning district, the Planning
Board may require:
C.
Access from major and collector streets. Lots shall
not, in general, derive access from a major or collector street, but
shall front on a minor interior street or private road. Where driveway
access from a major or collector street may be necessary for two adjoining
lots, the Planning Board may require that such lots be served by a
common access drive in order to limit the possible traffic hazard
on such street. Any such driveways, where permitted, shall be designed
in such a way as to provide adequate and convenient area for the turnaround
of vehicles so as to avoid requiring them to back into traffic on
such streets and private roads.
D.
Double frontage lots. Lots fronting on two streets
or private roads, other than corner lots, shall be avoided except
where deemed essential by the Planning Board in order to provide separation
of residential development from major or collector streets, or to
overcome problems of topography or orientation. The Planning Board
may require access limitation and/or buffer landscaping for such double
frontage lots where the Board determines that such measures would
be appropriate.
E.
Water bodies. If a subdivision contains a water body,
or portion thereof, lot lines shall be drawn so as to distribute the
entire ownership of the water body among the fees of the adjacent
lots, unless the Planning Board approves an alternate plan whereby
the ownership of and responsibility for the safety of the water body
is so placed that it will not become a City responsibility.
F.
Access across a watercourse. Where a watercourse separates
the buildable area of a lot from the street or private road by which
it has access, provision shall be made for the installation of a bridge,
culvert or other drainage facility of a design approved by the Planning
Board based upon recommendation of the City Engineer, to provide satisfactory
access across such watercourse for fire, police and other emergency
equipment.
G.
Subdivisions with land in two or more zoning districts
or municipalities.
(1)
In general, a lot should not be divided by a zoning
district or municipal boundary. If it is, however, necessary for a
zoning district boundary to cross a lot, such lot shall be designed
so that it can be readily developed in accordance with the standards
of the more restrictive zoning district. If it is necessary for a
municipal boundary line to cross a lot, the Planning Board may require
suitable legal agreements to assure that the two portions of the lot
will not be separated in the future and that the portion of the lot
in the adjoining municipality will not be used for any purpose that
would make it nonconforming if the entire lot were located within
the City of Beacon.
(2)
Whenever a subdivision includes land in two or more
zoning districts and/or municipalities, the location of the zoning
district and/or municipal boundary line shall be shown on the plat
and, in addition, where zoning boundaries are involved, the following
notation shall be added: "Existing zoning boundaries as of ____________________,
20 ________."
H.
Driveways.
[Amended 9-4-2018 by L.L.
No. 16-2018]
I.
Common driveways.
(1)
The developer and/or owner shall design and construct
all common driveways within the limits of the right-of-way with sufficient
sight distance and with a grade of no more than one-half inch per
foot from the curbline or edge of roadway pavement to a point 20 feet
from the curbline or edge of roadway pavement. The minimum width of
the driveway pavement at the curbline or street line shall be 16 feet.
At locations where individual driveways branch off from the common
driveway, these driveways shall be a minimum of 10 feet in width.
(2)
All common driveways shall be graded to the satisfaction
of the Street Superintendent and City Engineer prior to the surfacing
of such driveways.
(3)
The common driveway surface shall be constructed of
a dust-free surface material and shall be six inches in depth.
(4)
Common driveways shall be permitted in residential
districts when approved by the Planning Board. In determining the
appropriateness of a common driveway, the Planning Board shall consider
whether it will minimize adverse environmental effects on the site,
the length of the road, overall density, proposed offset of driveways,
road grades and center line radius, setback requirements, and all
other generally accepted planning standards.
All reservations and easements shall be clearly
indicated on the final subdivision plat, along with appropriate notations
indicating the rights which exist with respect to each such reservation
and/or easement.
A.
Park reservations.
[Amended 12-5-2011 by L.L. No. 14-2011]
(1)
General
standards. The Planning Board may require that land be reserved within
subdivisions for a park or parks suitably located for playground or
other recreational purposes. Such locations shall be as designated
on the City Development Plan or Official Map, or as otherwise deemed
appropriate by the Planning Board. Each reservation shall be of suitable
size, dimensions, topography and general character, and shall have
adequate street or private road access, for the particular purpose
or purposes envisioned by the Planning Board. The area shall be shown
and marked on the plat as "Reserved for Park Purposes."
(2)
Minimum
size. The Planning Board may require the reservation of up to 10%
of the area of the subdivision for recreation purposes. In general,
it is desirable that land reserved for park and playground purposes
have an area of at least one acre. The Board may require that such
areas 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.
(3)
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. When the Planning Board requires that an area for
park, playground or recreational purposes be reserved on the subdivision
plat, such requirement shall not constitute an acceptance by the City
of such area.
(4)
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, at its sole discretion, may
require, as a condition to approval of any such plat, a payment to
the City of a sum determined for such cases by the City Council.
(5)
Referral.
In the event the Planning Board intends to require a reservation of
parkland, the Planning Board should request a report and recommendation
from the City Council as to the reservation of such land for park
or recreation purposes.
(6)
Resubdivision.
In the event of a resubdivision of a plat, nothing shall preclude
the additional reservation of parkland or money donated in lieu thereof.
B.
Widening or realignment of existing streets. Where
a subdivision borders an existing street which is narrower than the
recommended right-of-way width as specified for such streets in this
chapter, or where a subdivision borders an existing street planned
for widening or realignment in such a way as to require the use of
some land in the subdivision, the Planning Board may require the subdivision
plat to show such areas which shall be marked "Reserved for Street
Realignment (or Widening) Purposes." Land reserved for such purposes
may not be counted in satisfying yard or area requirements of the
Zoning chapter.[1]
C.
Utility and drainage easements.
(1)
Where topography or other conditions are such as to
make impractical the inclusion of utilities or drainage facilities
within street or private road right-of-way, perpetual unobstructed
easements of at least 20 feet in width shall be provided for such
utilities or drainage facilities across properties outside the street
or private road lines and with satisfactory access to the street or
private road. Drainage easements shall extend from the street or private
road to the watercourse or other drainage facility, and shall convey
to the holder of fee title of the street or private road, the perpetual
right to discharge stormwater runoff from the street or private road
and the surrounding area onto and over the affected premises by means
of pipes, culverts, or ditches, or a combination thereof, together
with the right to enter said premises for the purpose of making such
installations and doing such maintenance work as the holder of such
fee title may deem necessary to adequately drain the street or private
road and the surrounding area.
(2)
When a proposed drainage system will carry water across
private land outside the subdivision, appropriate drainage rights
must be secured in a form satisfactory to the City Attorney and suitable
for recording in the Office of the County Clerk.
D.
Slope easements. Where determined appropriate by the
Planning Board, said Board may permit an embankment alongside a proposed
street or private road to extend beyond the normal right-of-way of
such street or private road provided a slope easement is granted,
conveying to the holder of fee title of the street or private road
the right to enter the premises for the purpose of maintaining such
slope. Where the embankment slope is located on private land outside
the subdivision, such easement shall be permitted only where the appropriate
rights have been secured in a form satisfactory to the City Attorney
and suitable for recording in the Office of the County Clerk.
E.
Sight easements. Sight easements shall be provided
across all street or private road corners, outside the street or private
road right-of-way, within the triangular area formed by the nearest
edges of street or private road pavement and a straight line between
two points each 25 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 or private roads
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 or private road
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.
F.
Easements for pedestrian access. The Planning Board
may require, in order to facilitate pedestrian access from streets
or private roads to schools, parks or neighboring areas, the reservation
of perpetual unobstructed easements of at least 20 feet in width for
such purposes and the construction of walkways thereon.
A.
Preservation of existing features. Existing features
which would add value to residential development, such as large trees,
watercourses and falls, historic spots and similar irreplaceable assets,
should be preserved, insofar as possible, through harmonious design
of the subdivision.
C.
Subdivisions including land zoned for business. If
a proposed subdivision includes land that is zoned for business purposes,
and if such land is not restricted against business use by the imposition
of deed restrictions by the owner, the layout of the subdivision with
respect to such land shall make such provision as the Planning Board
may require for safe and convenient access to such automobile parking
and loading and unloading spaces as may be required by the Zoning
chapter, or otherwise for safe and convenient service access to such
land.
D.
Premature subdivision. The Planning Board shall investigate,
identify and report to the City Council any subdivision within the
City, a plat for which has been placed on file in the Office of the
Dutchess County Clerk prior to October 6, 1958, which is a premature
subdivision as defined herein. One copy of such report shall be sent,
by certified mail, to the property owner or owners involved, at the
address indicated on the City's assessment records, and the owner
or owners invited to meet and discuss with the Planning Board the
possible redesign of their subdivision. Another copy of that report
shall be sent to the Building Inspector. Upon its receipt of the Planning
Board's report, the City Council may redesignate such a subdivision
as premature.
E.
Modification of standards. The Planning Board may
modify the specified requirements in any individual case where, in
the Board's judgment, such modification is in the public interest
or will avoid the imposition of unnecessary individual hardship.
F.
Penalties for violation.
(1)
Any person, partnership or corporation who shall violate
any provision of this chapter, or who shall alter or use any land
in violation of any statement or plan submitted and approved hereunder,
or who shall knowingly assist therein, shall be liable to a fine of
not less than $500 and not more than $100,000 or imprisonment not
exceeding 15 days, or both such fine and imprisonment. Each week's
continued violation shall constitute a separate and additional violation.
(2)
In addition, where construction subject to a building
permit is involved, the Building Inspector shall, at the recommendation
of the City Engineer, issue an order to stop all work on the project
or revoke the building permit, as may be necessary or appropriate
to the situation.
(3)
No certificate of occupancy shall be issued for any
new construction on the property on which occurred any violation of
this chapter unless and until the provisions of this section have
been complied with.
(4)
In addition to any other penalty authorized by this
section, any person, partnership or corporation shall be required
to restore the site to the condition existing prior to the violation
or to bear the expense of such restoration.
(5)
The remedies contained within this chapter shall not
be exclusive, but shall be in addition to any other remedy provided
by law, so long as not inconsistent herewith, nor shall the invoking
of any remedy or procedure contained within this chapter preclude
the pursuit of any and all other remedies, and the same are intended
to be cumulative.