CITY OF BEACON
CITY COUNCIL
PROPOSED LOCAL LAW NO. ____ OF 2004
PROPOSED LOCAL LAW UPDATING AND REPLACING CHAPTER 195
OF THE CITY OF BEACON CODE WITH RESPECT TO THE
SUBDIVISION OF LAND
BE IT ENACTED by the City Council of the City of Beacon as follows:
The intent and purpose of this Local Law is to update and replace the regulations referenced in Chapter 195 of the City Code with the text contained in Section 3 of this Local Law.
Chapter 195, Subdivision of Land, is hereby updated and replaced with the following:
Chapter 195
SUBDIVISION OF LAND
ARTICLE I
General Provisions
§ 195.1. Authority.
§ 195.2. Jurisdiction.
§ 195.3. Resubdivision.
§ 195.4. Policy.
§ 195.5 Building permits.
§ 195.6. Modification of regulations.
§ 195.7. Amendments.
§ 195.8. Separability clause.
§ 195.9. Enactment.
ARTICLE II
Definitions
§ 195-10. Definitions.
ARTICLE III
Application Procedure
§ 195.11. General procedure.
§ 195.12. Initial conference and review.
§ 195.13. Preliminary plat.
§ 195.14. Final plat.
ARTICLE IV
Required Improvements and Agreements
§ 195.15. Completion of improvements or filing of bond.
§ 195.16. Inspection of improvements.
§ 195.17. Future status of streets, parks and easements.
§ 195.18. Waiver of required improvements.
§ 195.19. Certificates of occupancy for structures fronting on bonded streets.
ARTICLE V
General Requirements for Subdivision Design
§ 195.20. General.
§ 195.21. Streets.
§ 195.22. Improvements.
§ 195.23. Lots.
§ 195.24. Reservations and easements.
§ 195.25. Miscellaneous.
ARTICLE VI
Specifications for Plats and Plans
§ 195.26. Preliminary plat.
§ 195.27. Preliminary construction plans.
§ 195.28. Final subdivision plat.
§ 195.29. Final construction plans.
ARTICLE I
General Provisions
§ 195-1. Authority.
By authority of the City Council, pursuant to the provisions of the General City Law, the Planning Board has the power and authority to review and approve or disapprove plats showing lots, blocks or sites, with or without streets or highways, within the City of Beacon.
§ 195-2. Jurisdiction.
Land within the City of Beacon may be subdivided into lots, blocks or sites, with or without streets or highways, only if approved by the Planning Board in accordance with the procedures and requirements as set forth in this chapter and only if the approved plat is duly filed in the Office of the County Clerk of Dutchess County, New York. Construction, excavation, filling, regrading, clearing of vegetation, or other similar activities related to a proposed subdivision shall not be begun within any area proposed or intended for subdivision until said subdivision shall have been approved, or approved with modifications by the Planning Board.
§ 195-3. Resubdivision.
A resubdivision, as defined herein, is subject to the same procedure, rules and regulations applicable to an original subdivision.
§ 195-4. Policy.
It is declared to be the policy of the City to consider land subdivisions as part of a plan for the orderly, efficient and economical development of the City. Land to be subdivided shall be of such character that it can be used safely for building or development purposes without danger to health or peril from fire, flood or other menace, and without resulting in significant damage to the ecology of the area in which it is located. Proper provision shall be made for drainage, water, sewerage, electric, telephone, gas, and other needed improvements. The proposed streets shall compose a convenient system conforming to the Official Map and shall be properly related to the proposals shown on the City Development Plan. Streets shall be of such width, grade and location as to accommodate the prospective traffic, to afford adequate light and air, and to facilitate fire and police protection. In proper cases, and when required by the Planning Board, a park or parks of suitable location, size, and character for playground or other recreational purposes shall be shown on the subdivision plat.
§ 195-5. Building permits.
No permit shall be issued for the erection of any building within a proposed subdivision until said subdivision has been duly approved by the Planning Board and filed in the Office of the County Clerk, except that the Building Inspector may issue a building permit for a single building based upon the entire tract of land where there is no other existing building within the proposed subdivision and where the location of the proposed building is in accordance with an approved preliminary plat.
§ 195-6. Modification of regulations.
Where the Planning Board finds that, because of the special circumstances of a particular case, extraordinary hardship may result from strict compliance with this chapter, it may modify this chapter so that substantial justice may be done and the public interest secured provided, however, that any such modification will be consistent with the spirit and intent of this chapter, all City laws, the City Development Plan, and the Official Map. In permitting any such modification, the Planning Board shall attach such conditions as are, in its judgment, necessary to substantially secure the objectives of the standard or requirement so modified.
§ 195-7. Changes to this chapter.
A. Procedure. The City Council may, from time to time, on its own motion, on petition or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this chapter.
B. Referral of proposed change to Planning Board. Every such proposed change shall be referred to the Planning Board for report thereon before the public hearing required by law. In recommending the adoption of any such proposed change, the Planning Board shall state its reasons for such recommendation, describing any conditions that it believes make the change advisable. In recommending the rejection or revision of any proposed change, the Planning Board shall similarly state its reasons.
C. Referral of proposed change to Dutchess County Department of Planning and Development. At least 30 days prior to the meeting at which the adoption of such change is to be considered, the City Council, in accordance with the provisions of §§ 239-1 and 239-m of the General Municipal Law, shall refer said change to the Dutchess County Department of Planning and Development for its advisory opinion.
§ 195-8. Separability clause.
If any article, section, subsection, paragraph, sentence, clause, or other part of this chapter is held invalid, the remaining portion of this chapter shall continue in force as though adopted without the portion so held invalid.
§ 195-9. Enactment.
In order that land may be subdivided in accordance with the authority, jurisdiction and policy as set forth above, this chapter is hereby adopted.
ARTICLE II
Definitions
§ 195-10. Definitions.
Except where specifically defined herein, all words and terms shall carry their customary meaning. For the purpose of this chapter, certain words and terms used herein are defined as follows:
BUILDING LOT – means any lot upon which a principal residential or commercial building can be constructed in conformance with the requirements of the Zoning chapter.
CITY DEVELOPMENT PLAN – means a comprehensive plan for development of the City prepared and adopted by the Planning Board, pursuant to Section 28-a of the General City Law, and includes any part of such plan separately adopted and any amendment to such plan, or parts thereof.
CITY COUNCIL – means the City Council of the City of Beacon, New York.
CITY ENGINEER – means the City Engineer of the City of Beacon, New York.
CONSTRUCTION PLANS – means the maps and engineering drawings, described in § 195-28 of this chapter, accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with this chapter.
EASEMENT – means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
ENGINEER – means a civil engineer licensed as a professional engineer by the State of New York.
LOT – means a parcel of land not divided by streets.
MAINTENANCE BOND – means a bond to assure the maintenance of required subdivision improvements following dedication of such improvements for such period as required by the Planning Board.
OFFICIAL MAP – means the map as it may be established and adopted by the City Council, under Section 26 of the General City Law, showing the streets, highways and parks theretofore laid out, adopted and established by law, and any amendments or additions thereto resulting from the approval of subdivision plats by the Planning Board and the subsequent filing of such approved plats.
OFFICIAL SUBMITTAL DATE – means the date when a subdivision plat, accompanied by all other information required with the application for subdivision approval, is received by the Planning Board.
PLANNING BOARD – means the Planning Board of the City of Beacon, New York.
PLAT – means a drawing, in final form, as described in §§ 195-27 and 195-28 of this chapter, showing a proposed subdivision and containing all of the information required by these or other applicable regulations and certified by a licensed land surveyor or registered engineer.
PRELIMINARY PLAT – means the preliminary drawing or drawings, described in Section A1 of this chapter, showing the basic features of a proposed subdivision.
PREMATURE SUBDIVISION – means a subdivision which is either undeveloped or only partially developed, and contains an inadequate street system, lot arrangement or other similar design deficiency that would preclude or make impractical its full and proper future development in accordance with current development standards.
RESUBDIVISION – means any change of existing property lines or of property lines shown on a plat approved by the Planning Board and filed in the office of the County Clerk.
STREET – means an existing State, County or City road or highway, a street shown upon a plat approved by the Planning Board, or a street shown on a plat duly filed and recorded in the Office of the County Clerk prior to the authority granted to the Planning Board to approve such plats.
STREET, BUSINESS – means a street which serves, or is designed to serve, as an access to abutting business properties.
STREET, COLLECTOR – means a street which serves or is designed to serve primarily the function of carrying traffic from minor streets to major streets, and is designated as such on the City Development Plan.
STREET, DEAD-END – means a street, or a portion of a street, with only one vehicular traffic outlet.
STREET, LOCAL – means a street which serves or is designed to serve primarily as access to abutting residential properties.
STREET, MAJOR – means a street which serves or is designed to serve primarily as a route for traffic between communities and/or large areas of the City, and is designated as such on the City Development Plan.
STREET PAVEMENT – means the wearing or exposed surface of the street right-of-way designed to be used by vehicular traffic.
STREET RIGHT-OF-WAY WIDTH – means the distance between property lines measured at right angles to the center line of the street.
SUBDIVIDER – means any person, firm, corporation, partnership, or association, who shall lay out, for the purpose of sale or development, any subdivision, or part thereof, as defined herein.
SUBDIVISION – means the division of any parcel of land, regardless of use, into two or more lots, plots, blocks, sites or parcels, with or without the creation of new streets, for the purpose, whether immediate or future, of transfer of ownership or building development, and shall include resubdivision as defined herein.
SURVEYOR – means a person licensed as a land surveyor by the State of New York.
ZONING CHAPTER – means the Zoning chapter of the Code of the City of Beacon, New York, and all amendments thereto.
ARTICLE III
Application Procedure
§ 195-11. General procedure.
Whenever any subdivision of land is proposed, and before any contract for the sale is carried out or title to any part thereof is transferred, the subdividing owner, or his duly authorized agent, shall proceed to secure approval of the proposed subdivision in accordance with the following steps:
A. Initial conference and review (recommended but not required).
B. Preparation of preliminary plat.
C. Preparation of final plat.
§ 195-12. Initial conference and review.
This step is recommended for the benefit of the applicant, but is not required. If followed, the procedure shall be as follows:
A. Initial conference. The applicant should notify the Planning Board Secretary, at least one week in advance of a regular Planning Board meeting, of his desire to be placed on the agenda for an initial conference. At such conference, he shall present a sketch layout of the proposed subdivision. It shall include a site location sketch (at a scale of 1" = 800') indicating the applicant's entire holdings in relation to neighboring streets and properties, and shall show the general nature of the proposed arrangement of streets, lots, recreation areas, and the proposed concept for providing utility service. The applicant should also discuss with the County Health Department its requirements in connection with subdividing. The sketch layout shall be drawn on a topographic map with a vertical contour interval of no more than 5 feet, at a scale of no smaller than 1" = 100.' It shall be submitted in 4 copies.
B. Field trip. After the initial conference, the Planning Board may schedule a field trip to the proposed subdivision site. The applicant, or his representative, should attend the site inspection and, prior to it, should have the centerline of all proposed streets located by temporary stakes.
C. Planning Board recommendations. At, or subsequent to the field trip, the Planning Board shall advise the applicant, or his representative, of the additions and modifications, if any, which should be made if an application for subdivision approval is to be submitted.
§195-13. Preliminary plat.
A. Application. Prior to requesting approval of a proposed final subdivision plat, the applicant shall file an application for approval of a preliminary plat, in duplicate, on forms available from the Planning Board Secretary. Such application shall be filed with the Planning Board Secretary at least one week prior to the regular Planning Board meeting at which it will be considered and shall:
(1) Be accompanied by a preliminary application fee, payable to the City of Beacon, in the following amount:
(a) For a subdivision creating a new road or roads - $100 plus $30 per lot shown on the proposed preliminary plat.
(b) For a subdivision without a new road - $50 plus $15 per lot shown on the proposed preliminary plat.
(2) Comply with all requirements of this chapter and the Zoning chapter of the Beacon code.
(3) Be accompanied by 3 copies each of the preliminary plat, including all contiguous land of the applicant, and preliminary construction plans, showing all items listed in §§ 195-25 and 195-26 of this chapter.
B. Field trip. The Planning Board may schedule a field inspection of the proposed subdivision, as described in § 195-11.B herein.
C. Study of plat. The Planning Board will study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the lands being subdivided. Particular attention will be given to the arrangement, location and width of streets, their relation to the topography of the land, drainage, lot sizes and arrangements, water supply and sewage disposal, the future development of adjoining land as yet unsubdivided, and the requirements of the City Development Plan and Official Map.
D. Public hearing. Within 62 days of the official submission date of the preliminary subdivision application and all accompanying material, in form satisfactory to the Planning Board, a public hearing shall be held by the Planning Board. The Planning Board Secretary shall submit a notice of said hearing to the official City newspaper for publication in said newspaper at least 5 days before such hearing. A copy of the proposed plat and construction plans shall be maintained on file in the City Hall, available for public inspection during normal business hours for the 5-day period immediately preceding the hearing.
E. Action by Planning Board. Within 62 days after the close of the public hearing, the Planning Board shall by resolution approve, with or without modification, or disapprove the proposed preliminary subdivision plat. The time in which the Planning Board must take action may be extended by mutual consent of the owner and the Planning Board.
F. Expiration of approval. Conditional approval of a preliminary application shall expire 6 months from the date of approval if no application for final approval is submitted within such period, except where such time limit is extended by the mutual consent of the Planning Board and the subdivider.
§ 195-14. Final plat.
A. Application. Application for final subdivision plat approval shall be filed with the Planning Board. Such application shall comply with the modifications, if any, required by the Planning Board at the time of preliminary plat approval and shall be submitted in duplicate on forms available from the Planning Board Secretary. Application for final plat approval shall be accompanied by the following:
(1) A final subdivision application fee payable to the City of Beacon, in the following amount:
(a) For a subdivision creating a new road or roads - $50 plus $15 per lot shown on the proposed final plat.
(b) For a subdivision without a new road - $30 plus $15 per lot shown on the proposed final plat.
(2) Proof of ownership by the applicant of the premises affected by the application and certificate of title company covering all interests, liens, and objections to title, if any.
(3) Where subdivision roads and/or other improvements are involved and where the applicant intends to post a performance bond to cover the cost of such improvements, a statement from the applicant's engineer giving estimated cost of construction, together with the quantities and unit costs used in making the estimate.
(4) The proposed final plat shall be properly endorsed by the County Health Department, as meeting the standards of the State Sanitary Code, before any public hearing is scheduled. The Plat shall be in final form before Health Department approval.
(5) Where streets or park areas are included within the proposed subdivision, a formal offer of cession to the City of all such streets and park areas, in form approved by the City Attorney, except where the proposed final subdivision plat has a notation to the effect that no offer of dedication of such street and park areas, or any of them, is made to the public.
(6) Where there is no park area shown on the proposed plat, a recreation fee, payable to the City of Beacon, in the amount determined for such cases by resolution of the City Council.
(7) A written agreement, in form satisfactory to the City Attorney, permitting entry by the City onto any streets, easements and park areas, for the purposes of inspecting and installing any required improvements in the event of the failure of the applicant to make such installations, or to properly maintain such installations until such time as the City assumes the responsibility for them.
(8) A plan for the provisional delivery of mail as approved by the local postmaster.
(9) A list of any and all waivers of the provisions of this chapter which the applicant requests the Planning Board to grant in his specific case, with the reasons therefor.
(10) Three copies each of the proposed final subdivision plat, and 3 copies of the construction plans, showing all items listed in §§ 195-27 and 195-28 of this chapter.
B. Public hearing. Within 62 days of the official submission date of the final subdivision application and all accompanying material, in form satisfactory to the Planning Board, a public hearing shall be held by the Planning Board, provided, however, that when the Planning Board deems the final plat to be in substantial agreement with the approved preliminary plat, the Board may waive the requirement for such a public hearing. Where a hearing is to be held, the Planning Board Secretary shall submit a notice of said hearing to the official City newspaper for publication in said newspaper at least 5 days before such hearing. A copy of the proposed plat and construction plans shall be maintained on file in the City Hall, available for public inspection during normal business hours for the 5 day period immediately preceding the hearing.
C. Action by Planning Board. Within 62 days after the close of the public hearing, or within 62 days of the official submission date of the final application when a hearing is waived, the Planning Board shall by resolution conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of the plat. The time in which the Planning Board must take action may be extended by mutual consent of the owner and the Planning Board. Within 5 days of such resolution, the plat shall be certified by the Planning Board Secretary as conditionally approved and one copy of the resolution and plat shall be filed in the Planning Board office. Another copy of the resolution shall be mailed to the owner by certified mail, including the requirements which, when completed, will authorize the signing of the conditionally approved final plat.
D. Expiration of approval. Conditional approval of a final plat shall expire within 180 days after the date of the resolution granting conditional approval, unless such requirements have been certified as completed. The Planning Board may extend by not more than 2 additional periods of 90 days each the time in which a conditionally approved final plat must be submitted for signature if, in the Planning Board's opinion, such extension is warranted by the particular circumstances.
E. Action by applicant. Based upon the Planning Board resolution, the applicant shall have the final subdivision plat and construction plans revised, if necessary, in accordance with said resolution, and submit three copies of such revised maps to the Secretary of the Planning Board. Any performance bond which is to be posted shall be submitted to the City Attorney. The City Engineer shall check the revised final maps to determine whether they are in full compliance with the Planning Board's resolution of approval and, if so, shall so certify to the Planning Board. The City Attorney shall be responsible for determining and certifying to the Planning Board whether or not the surety, form, sufficiency and manner of execution of the bond is acceptable to and has been approved by the City Council.
F. Approval of construction plans. The construction plans, revised as necessary to meet the requirements of the Planning Board resolution, shall be endorsed by the Planning Board Chairman or other duly authorized member of the Planning Board, as "approved" prior to the signing of the plat or the beginning of any construction work within the proposed subdivision.
G. Final approval of subdivision plat. The Chairman, or other duly authorized member of the Planning Board, shall endorse the Board's final approval on the plat only after receipt of certification from the City Engineer that all required improvements have been completed in accordance with the Planning Board's approval of the plat and construction plans, or alternatively that a bond of the required amount and surety has been filed and that all other required conditions of the resolution of approval, including the payment of all fees, have been complied with. Said endorsement shall be by signature and date on the original of the plat (which shall be returned to the applicant for filing) and on a print of the plat (which shall be retained in the record files of the Planning Board).
H. Filing plat with county clerk. The approved plat shall be filed with the Dutchess County Clerk within 62 days of the date of Planning Board signing. The approval of any plat not so filed shall expire 62 days from the date of signing.
I. Plat void if revised after approval. No changes, erasures, modifications, or revisions shall be made in any final plat after approval has been given by the Board and endorse, in writing, on the plat. In the event that any final plat, when recorded, contains any such changes, the plat shall be considered null and void, and the Board shall institute proceedings to have said plat stricken from the records of the County Clerk.
ARTICLE IV
Required Improvements and Agreements
§ 195-15. Completion of improvements or filing of bond.
A. Build or bond. After adoption of a resolution approving a final subdivision plat, and before the plat is endorsed by the Planning Board Chairman or other duly authorized member, the applicant shall be required to complete, at his expense and without reimbursement by the City or any special district, all street and other improvements as shown on the approved construction plans or otherwise specified in the resolution, or, as an alternative, file with the City Council a bond in an amount fixed by the Planning Board in its resolution as sufficient to secure to the town the satisfactory construction, installation, and completion of the required improvements. Such bond shall state the period within which the required improvements must be completed, which period shall be that specified in the Planning Board resolution. The bond shall also provide that:
(1) an amount determined adequate by the Planning Board but not less than 10% of the bond, or 10% of the estimated costs of improvements if a bond is not filed, shall be retained for a period of one year after the date of completion of the required improvements, to assure their satisfactory conditions, and
(2) that the road shall be maintained in "all-weather passable" condition if certificates of occupancy are issued during the term of the bond under the provisions of § 195-18 of this chapter.
All improvements shall be performed to the satisfaction of the Planning Board, in accordance with the approved construction plans and the requirements of this chapter and The City Construction Standards and Specifications.
B. Failure to complete improvements.
(1) Where a bond is not filed. If all required improvements are not completed within the period specified in the Planning Board resolution of approval, such approval shall be deemed to have expired, unless, upon request of the applicant, the period has been extended by resolution of the Planning Board.
(2) Where a bond is filed. If all required improvements are not completed within the term specified by the Planning Board and set forth in the filed bond, and if no application for the extension of such period and bond has been made by the applicant and approved by the Planning Board, the City Council may thereupon declare said bond to be in default and collect the sum remaining payable thereunder and, upon receipt of the proceeds thereof, the City shall install such improvements as are covered by the bond and are commensurate with the extent of building development that has taken place in the subdivision but not exceeding, in cost, the amount of such proceeds.
C. Modification of bond. Extension of period specified in bond. The time period specified for the completion of all required improvements, as set forth in the bond, may be extended only by resolution of the Planning Board upon request by the applicant setting forth, in detail, the amount of work which has been completed as certified by the applicant's engineer, reasons for failure to complete the remainder of the work within the specified period, the maximum estimated time required to complete the remainder of the work, and the time period extension which is requested.
D. Reduction of bond. An applicant may request, in writing, that the Planning Board authorize a reduction in the amount of the bond. Such request shall itemize the extent of required improvements already completed, the estimated cost of improvements remaining to be completed, and the amount of bond reduction requested. Then, upon approval of the City Council, and after due notice and public hearing, the Planning Board may, if it determines that sufficient required improvements have been installed to warrant such action, reduce the face amount of the bond by an appropriate amount so that the new amount will cover the cost in full of all required improvements remaining to be completed, and any security deposited with the bond may be reduced proportionately.
E. Modification of requirements. If, at any time, either before or during the course of construction of the required improvements, it is determined by the Planning Board that unforeseen conditions make it necessary to modify the location or design of any improvements, the Board may modify the terms and conditions of the approval so as to require such changes as may be necessary to comply with the spirit and intent of the Board's original approval and to conform to accepted engineering practices. If such modification affects the scope of work covered by a bond, the Board may require or allow appropriate modification of such bond.
§ 195-16. Inspection of improvements.
The City Engineer shall be responsible for inspecting required improvements during construction to insure their satisfactory completion and, upon such completion, shall furnish the Planning Board with a statement to that effect. If the City Engineer determines that any of the required improvements have not been constructed in accordance with the approved plan, the applicant shall be responsible for properly completing said improvements. Failure of the City Engineer to carry out inspections of required improvements during construction shall not in any way relieve the applicant or the bonding company of their responsibilities related to the proper construction of such improvements.
A. Inspection of stages of construction. To facilitate inspection of required improvements during construction, the applicant shall notify the City Engineer at least three working days before reaching each of the following states of construction:
(1) Rough grading completed.
(2) Drainage and other underground facilities installed, but prior to backfilling.
(3) After gravel base is spread and compacted.
(4) When each pavement course is being applied.
(5) After completion of all improvements.
The applicant shall not proceed to work on any stage subsequent to the first stage until the work of the previous stage has been inspected and approved by the City Engineer or his duly authorized representative. In the case of any other improvements, the City Engineer shall inspect the work at such progressive stages as he shall specify, and he shall certify to the Planning Board that the work was inspected by him and was in accordance with the approved plans and specifications.
B. Certification of mix data. Upon request of the City Engineer or his duly authorized representative, the applicant shall furnish a certification from the bituminous concrete supplier providing mix data, including aggregate source and grading, quantities of all ingredients, and critical temperatures.
C. Test specimens. When test specimens are requested by the City Engineer or his duly authorized representative, the contractor shall cut and transport the necessary sample to a laboratory selected by the City Engineer. Costs of tests and reports shall be borne entirely by the applicant.
D. Certificate of construction. At such time as the applicant has completed construction of all required improvements, he shall furnish to the City Engineer 3 copies of "as built" plans and profiles which show the actual location of all paved streets, culverts, headwalls, drains, manholes, catch basins, sidewalks, curbs, utility lines and equipment, monuments, street signs, street trees, and all other required improvements, as constructed, and all other pertinent information, such as cross sections of the streets at intervals determined by the City Engineer, the culvert and drain grades, sewer grades, sidewalk and curb grades, and invert elevations at manholes. Such plans and profiles shall bear a dated certification by a professional engineer or licensed surveyor to the effect that the data shown thereon was accurately determined by filed survey. If the location or accuracy of improvements does not, in the opinion of the Planning Board, fully comply with the approved construction plans and specifications, the Planning Board shall have the right to refuse to sign the final plat or release the bond until such situation is corrected.
E. Inspection fee. To offset the costs incurred by the City in conducting inspections, all applicants for approval of subdivisions involving the construction of streets and/or other improvements shall be required to submit an inspection fee, payable to the City of Beacon, in an amount equal to $1.00 per linear foot of new road to be constructed as a condition of plat approval.
§ 195-17. Future status of streets, parks and easements.
A. Offers of cession. All streets, parks and easements shall be indicated on the plat. In accordance with the General City Law, the applicant may add as part of the plat a notation, if he so desires, to the effect that no offer of dedication of such streets or parks, or any of them, is made to the public. All offers of cession to the public of all streets and parks not so marked shall be filed with the Planning Board at the time of submission of the final application.
B. Petition for dedication. Upon completion of the subdivision and the road(s), a petition in the form required by the City Council shall be filed with such Council for the acceptance and dedication of the road(s) and the acceptance of parks or any other reservations or easements.
C. Acceptance by city. Acceptance of any offer of cession of streets or parks shall rest with the City Council. In the event that the applicant shall elect not to file the plat in the Office of the County Clerk within the period prescribed for such filing, then such formal offer of cession shall be deemed void. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute nor imply the acceptance by the City of any streets, parks or other areas shown on said plat and the Planning Board may require the addition of appropriate notes to this effect on the plat.
D. Maintenance. In the event that no offer of cession to the public is made for the streets, parks and required easements shown on the plat, there shall be submitted with the final application, copies of agreements or other documents providing for the suitable maintenance of such facilities and a statement of all rights which exist with respect to each of them. The adequacy of such documents shall be subject to Planning Board approval.
§ 195-18. Waiver of required improvements.
The Planning Board may waive, subject to appropriate conditions, the provision of any or all such improvements and requirements as, in its judgment of the special circumstances of a particular plat, are not requisite in the interest of the public health, safety and general welfare, or which in its judgment are inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.
§ 195-19. Certificates of occupancy for structures fronting on bonded streets.
A certificate of occupancy shall not be issued for a structure within a subdivision where the improvements are guaranteed by a performance bond unless it is determined by the Planning Board that both of the following conditions have been complied with:
A. Status of street improvements. The improvement of the street or streets giving access to the structure has progressed to a stage deemed adequate by the Planning Board to render safe all-weather vehicular access for both routing and emergency purposes.
B. Maintenance agreements. Written agreements have been filed providing for the maintenance of the bonded street or streets in such all-weather passable condition, including snow removal and sanding, during the period between the issuance of the certificate of occupancy and the acceptance of the fully completed street by the City Council. If the street is not to be offered for dedication to the City, such an agreement will have been required in accordance with § 195-16.D of this chapter.
ARTICLE V
General Requirements for Subdivision Design
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.
§ 195-20. General.
A. 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.
B. Preservation of natural features. 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 storm water 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 and related facilities in accordance with the approved plan. Topsoil shall be restored to a depth of at least 6 inches and properly seeded and fertilized in those disturbed areas not occupied by buildings or structures.
Existing natural features which are of ecological, aesthetic or scenic value to residential development or to the City as a whole, such as wetlands, water courses, 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.
C. 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.
D. 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.
§ 195-21. Streets.
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 road 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 centerlines 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 degrees, 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 20 foot wide easement to accommodate utilities or pedestrian traffic.
E. Continuation of streets into adjacent properties. 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.
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 turn-around of a minimum of 50' 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.
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. 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 20 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.
For greater convenience to traffic and more effective police and fire protection, 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. 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.
(2) Drive or Lane: minor residential streets, except as follows:
(a) Court or Place: permanent dead-end street.
(b) Circle or Loop: street that returns to a starting point, or a street both ends of which intersect another street at different locations.
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H. Design standards for new streets. Streets shall meet the design standards set forth in the following table. Street classification may be indicated on the City Development Plan or may be determined by the Planning Board. Standards are not shown for major streets, which would be built by the State or County.
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Street Classification |
Local |
Collector |
Business |
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Minimum Width of Right-of-Way |
50 feet |
60 feet |
60 feet |
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Minimum Width of Pavement |
24 feet |
24 feet |
40 feet |
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Minimum Radius of Horizontal Curves |
150 feet except for street intersection corners |
400 feet |
400 feet |
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Minimum Length of Vertical Curves: |
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Local Street, Crest Curve |
100', but not less than 20' for each 1 percent algebraic difference in grade. |
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Local Street, Sag Curve |
75', but not less than 15' for each 1 percent algebraic difference in grade. |
Same as Crest Curve |
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Collector Street, Crest Curve |
150', but not less than 30' for each 1 percent algebraic difference in grade. |
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Collector Street, Sag Curve |
100', but not less than 25' for each 1 percent algebraic difference in grade. |
Same as Crest Curve |
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Minimum Length of Tangents between Reverse Curves |
100' except where excessive grades may be reduced to reasonable grades by shortening tangent. |
200 feet |
200 feet |
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Maximum Grade |
10%, except that grades up to 14% may be approved on short runs. |
8% |
6% |
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Minimum Grade |
1% |
1% |
1% |
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Minimum Sight Distance |
150 feet |
250 feet |
350 feet |
§ 195-22. Improvements.
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 the City Construction Standards and 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 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 100-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 25-year storm based on post-development 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 100-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 post-development 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 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 is paved and may pass under the traveled way of the street.
D. Other improvements.
(1) Monuments. 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 lines, preferably at street, lot, or easement corners or at points of curvature or tangency on curved streets, and spaced to be within sight of one another along lines entirely within the street right-of-way.
Monuments shall be set vertically in solid ground 3 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.
(2) Traffic control and street signs. Traffic control and street signs shall be provided by the subdivider and placed at all intersections, within the street right-of-way, and in other locations as required by the approving authority. Standard City street signs shall be approved by the City Street Superintendent.
(3) Street lighting standards. Where required by the Planning Board, street 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) Fire alarm signal devices. Where required by the Planning Board, the subdivider shall install fire alarm signal devices, including necessary ducts, cables and other connecting facilities, of a type and in a manner and location prescribed by the appropriate fire district or other municipal agency having jurisdiction.
(6) Street trees. The Planning Board may require the planting of street trees. Such trees shall be of a hardwood variety indigenous to the neighborhood, and shall be at least 4 inches caliper at a height of 4 feet above ground level. Where they are required by the Planning Board, such trees shall be planted along both sides of the street, within the street right-of-way, and spaced approximately 75 feet on center.
(7) 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 8 feet. Such area shall be included within the street right-of-way and shall be maintained by the holder of fee title to the street. The layout and design shall be subject to Planning Board approval.
(8) Flood protection. The Planning Board shall review subdivision proposals and other proposed new developments to assure that:
(a) all public utilities and facilities, such as a sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage, and
(b) adequate drainage is provided so as to reduce exposure to flood hazards.
(9) 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 flood waters into the systems and discharges from the systems into flood waters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.
§ 195-23. Lots.
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, and the County Health Department regulations, and in providing driveway access to buildings on such lots from an approved street in compliance with the driveway requirements of the Zoning chapter.
B. Lot dimensions. 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.
Side lot lines shall generally be at right angles to street lines (or radial to curving street lines) unless the Planning Board allows a variation from this rule to give a better street 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.
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 that the lot be of such size and relationship to the proposed street system that the structure will be an appropriate and harmonious part of the subdivision.
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. Where driveway access from a major or collector street may be necessary for two or more adjoining lots, the Planning Board may require that such lots be served by a combined 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.
D. Double frontage lots. Lots fronting on two streets, 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 water course. Where a water course separates the buildable area of a lot from the street 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 water course for fire, police and other emergency equipment.
G. Subdivisions with land in two or more zoning districts or municipalities. 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.
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________."
§ 195-24. Reservations and easements.
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.
(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 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 1 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.
(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.
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.
C. Utility and drainage easements. Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities within street 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 lines and with satisfactory access to the street. Drainage easements shall extend from the street to the water course or other drainage facility, and shall convey to the holder of fee title of the street, the perpetual right to discharge storm water runoff from the street 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 and the surrounding area.
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 to extend beyond the normal right-of-way of such street provided a slope easement is granted, conveying to the holder of fee title of the street 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 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.
F. Easements for pedestrian access. The Planning Board may require, in order to facilitate pedestrian access from streets 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.
§ 195-25. Miscellaneous.
A. Preservation of existing features. Existing features which would add value to residential development, such as large trees, water courses and falls, historic spots and similar irreplaceable assets, should be preserved, insofar as possible, through harmonious design of the subdivision.
B. Self-imposed restrictions. The subdivider may place restrictions on any of the land contained within the subdivision which are greater than those required by the Zoning chapter. Such restrictions shall be indicated on the final subdivision plat.
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. Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine not exceeding $100 in amount, or by imprisonment not exceeding 100 days, or by both such fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense.
ARTICLE VI
Specifications for Plats and Plans
§ 195-26. Preliminary plat.
The preliminary plat shall be clearly marked "Preliminary Plat," shall be drawn to a convenient scale but not less than 1" = 100,' and shall show the following information:
A. Proposed subdivision name or identifying title, name and address of property owner and subdivider (if other than owner), name and address of the surveyor and/or engineer preparing the plan, scale, approximate true north point, and date.
B. The approximate location and dimensions of all property lines, the total acreage of the proposed subdivision, the location of any zoning, special district or municipal boundary lines affecting the subdivision, and the names of owners of record of properties adjoining and directly across the street from the proposed subdivision.
C. The location of all existing structures and pertinent features, including railroads, water bodies, water course, wetlands, rock outcroppings, wooded areas, major trees, and stone walls, that may influence the design of the subdivision, plus accurate topography at a vertical contour interval of not more than two feet. The topographic data shall be determined by field survey unless the Planning Board specifically waives this requirement and/or permits the substitution of topographic information obtained from other sources determined satisfactory for the particular case.
D. The location and status of existing streets, easements and rights-of-way (if any), proposals for the layout of new streets (including widths and approximate curve radii) and any proposed easements, rights-of-way and/or reservations.
E. The names of existing streets and proposed names for new streets.
F. The proposed arrangement of lots, including identifying numbers and approximate area and dimensions of each.
G. Location, size and nature of any area proposed to be reserved for park purposes.
H. A site location sketch, at a scale of 1" = 400,' showing the general situation within 1,000' of the applicant's property with respect to surrounding properties and streets.
I. Where the preliminary plat includes only a portion of an applicant's contiguous holding, the applicant shall also indicate, on a sketch at a scale of not less than 1" = 200,' the probable future street system, lot arrangement and location of park and other reservations for the remaining portion of the tract. Such sketch shall be for the purpose of guiding the Planning Board in reviewing the proposed preliminary plat and shall include topographic data with a vertical contour interval of not more than 5 feet plus any other information determined necessary by the Planning Board.
J. Such additional information as may be required by this chapter, the Zoning chapter or the Planning Board.
§ 195-27. Preliminary construction plans.
The preliminary construction plans shall be drawn at the same scale as the