[Amended 7-13-2006 by L.L. No. 5-2006]
In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. The standards shall be considered to be minimum requirements and shall be waived by the Planning Board only under circumstances set forth in Article VI herein. Major subdivisions in the R Zone outside of the SCOZ must also refer to §§ 232-26.2, which shall take precedence.
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.
B.
Conformity to Official Map and Master Plan. Subdivisions
shall conform to the Official Map of the town and shall be in harmony
with the Master Plan, if such exists.
C.
Specifications for required improvements. All required
improvements shall be constructed or installed to conform to the town
specifications which may be obtained from the Town Engineer.
D.
Preservation of natural features. The Planning Board
may require the preservation of natural features which add value to
the town and area being subdivided, such as groves of trees, watercourses
and similar assets.
A.
Width, location and construction.
(1)
Streets shall be of sufficient width, suitably located
and adequately constructed to conform to the Master Plan, if such
exists, and to accommodate the prospective traffic and afford access
for fire fighting, snow removal and other road maintenance equipment.
(2)
The arrangement of streets shall be such as to cause
no undue hardship to adjoining properties and shall be coordinated
so as to compose a convenient system.
B.
Arrangement. The arrangement of streets in the subdivision
shall provide for the continuation of principal streets of adjoining
subdivisions and for proper projection of principal streets into adjoining
properties which are not yet subdivided in order to make possible
necessary fire protection, movement of traffic and the construction
or extension, presently or when later required, of needed utilities
and public services, such as sewers, water and drainage facilities.
Where, in the opinion of the Planning Board, topographic or other
conditions make such continuance undesirable or impracticable, the
above conditions may be modified.
C.
Minor streets. Minor streets shall be so laid out
that their use by through traffic will be discouraged.
D.
Special treatment along major streets. When a subdivision
abuts or contains an existing or proposed major street, the Planning
Board may require marginal access streets, reverse frontage with screen
planting contained in a nonaccess reservation along the rear property
line, deep lots with rear service alleys or such other treatment as
may be necessary for adequate protection of residential properties
and to afford separation of through and local traffic.
E.
Provision for future resubdivision. Where a tract
is subdivided into lots substantially larger than the minimum size
required in the zoning district in which a subdivision is located,
the Planning Board may require that streets and lots be laid out so
as to permit future resubdivision in accordance with the requirements
contained in this chapter.
F.
Dead-end streets. The creation of dead-end or loop
residential streets will be encouraged wherever the Planning Board
finds that such type of development will not interfere with normal
traffic circulation in the area. In the case of dead-end streets,
where needed or desirable, the Planning Board may require the reservation
of a twenty-foot wide easement to provide for continuation of pedestrian
traffic and utilities to the next street. Subdivisions containing
20 lots or more should have at least two street connections with existing
public streets or streets shown on the Official Map, if such exists,
or streets on an approved final plat for which a bond has been filed.
G.
Block size. Blocks generally shall not be less than
400 feet nor more than 1,200 feet in length. In general, no block
width shall be less than twice the normal lot depth. In blocks exceeding
800 feet in length, the Planning Board may require the reservation
of a twenty-foot wide easement through the block to provide for the
crossing of underground utilities and pedestrian traffic where needed
or desirable and may further specify, at its discretion, that a four-foot
wide paved foot path be included.
H.
Intersections with collector or major roads. Minor
or secondary street openings into such roads shall, in general, be
at least 800 feet apart.
I.
Street jogs. Street jogs with center line offsets
of less than 125 feet shall be avoided.
J.
Angle of intersection. In general, all streets shall
join each other so that for a distance of at least 100 feet the street
is approximately at right angles to the street it joins.
K.
Relation to topography. The street plan of a proposed
subdivision shall bear a logical relationship to the topography of
the property, and all streets shall be arranged so as to obtain as
many of the building sites as possible at or above the grade of the
streets. Grades shall conform as closely as possible to the original
topography.
L.
Other required streets. Where a subdivision borders
on or contains a railroad right-of-way or limited access highway right-of-way,
the Planning Board may require a street approximately parallel to
and on each side of such right-of-way, at a distance suitable for
the appropriate use of the intervening land (as for park purposes
in residential districts or for commercial or industrial purposes
in appropriate districts). Such distances shall also be determined
with due regard for the requirements of approach grades and future
grade separation.
A.
Widths of rights-of-way. Streets shall have the widths as set forth in Chapter 149, Highway Specifications. (When not indicated on the Master Plan or Official Map, if such exists, the classification of streets shall be determined by the Planning Board.)
B.
Improvements. Streets shall be graded and improved
in accordance with town specifications. Storm drainage facilities,
water mains, sewers, streetlights and signs, street trees and fire
hydrants shall be provided, except where waivers may be requested,
and the Planning Board may waive, subject to appropriate conditions,
such improvements as it considers may be omitted without jeopardy
to the public health, safety and general welfare. In making determinations
regarding the necessity and extent of the installation of such improvements,
the Planning Board shall take into consideration the prospective character
and uses in the proposed subdivision, whether dense residential, open
residential, business or industrial. Pedestrian easements shall be
improved as required by the Town Engineer. Such grading and improvements
shall be approved as to design and specifications by the Town Engineer.
(1)
Fire hydrants. Installation of fire hydrants shall
be in conformance with all requirements of standard thread and as
specified by the New York Fire Insurance Rating Organization and the
Division of Fire Safety of the State of New York.
(2)
Streetlighting facilities. Lighting facilities shall
be in conformance with the lighting system of the town. Such lighting
standards and fixtures shall be installed after approval by the appropriate
power company and the authorized town electrical inspector.
C.
Utilities in streets. The Planning Board shall, wherever
possible, require that underground utilities be placed in the street
right-of-way between the paved roadway and street line to simplify
location and repair of lines when they require attention. The subdivider
shall install underground service connections to the property line
of each lot within the subdivision for such required utilities before
the street is paved.
D.
Utility easements. Where topography is such as to
make impractical the inclusion of utilities within the street rights-of
way, perpetual unobstructed easements at least 20 feet in width shall
be otherwise provided with satisfactory access to the street. Wherever
possible, easements shall be continuous from block to block and shall
present as few irregularities as possible. Such easements shall be
cleared and graded where required.
E.
Grades. Grades of all streets shall conform in general
to the terrain and shall not be less than 1/2% nor more than 6% for
major or collector streets or 10% for minor streets in residential
zones, but in no case more that 3% within 50 feet of any intersection
or at the turnaround of a cul-de-sac.
F.
Changes in grade. All changes in grade shall be connected
by vertical curves of such length and radius as meet with the approval
of the Town Engineer so that clear visibility shall be provided for
a safe distance.
G.
Curve radii at street intersections. All street right-of
way lines at intersections shall be rounded by curves of at least
twenty-foot radius, and curbs shall be adjusted accordingly.
H.
Steep grades and curves; visibility of intersections. A combination of steep grades and curves shall be avoided. In order to provide visibility for traffic safety, that portion of any corner lot (whether at an intersection entirely within the subdivision or of a new street with an existing street) which is shown shaded on Diagram No. 2 in Chapter 149, Highway Specifications, shall be cleared of all growth (except isolated trees) and obstructions above the level three feet higher than the center line of the street. If directed, the ground shall be excavated to achieve visibility.
I.
Dead-end street (culs-de-sac). Where dead-end streets
are designed to be so permanently, they should, in general, not exceed
750 feet in length or five times the minimum lot width for the zoning
district in which located, whichever is greater, and shall terminate
in a circular turnaround having a minimum right-of-way radius of 60
feet and pavement radius of 50 feet. At the end of temporary dead-end
streets, a temporary turnaround with a pavement radius of 50 feet
shall be provided, unless the Planning Board approves an alternate
arrangement.
J.
Watercourses.
(1)
Where a watercourse separates a proposed street from
abutting property, provision shall be made for access to all lots
by means of culvert or other structures of design approved by the
Town Engineer.
(2)
Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way as required by the Town Engineer,
in no case less than 20 feet in width.
K.
Curve radii. In general, street lines with a block,
deflecting from each other at any one point by more than 10°,
shall be connected with a curve, the radius of which for the center
line of the street shall not be less than 400 feet on major streets,
200 feet on collector streets and 100 feet on minor streets.
L.
Service streets or loading space in commercial development.
Paved rear service streets of not less than 20 feet in width, or in
lieu thereof, adequate off-street loading space, suitable surfaced,
shall be provided in connection with lots designed for commercial
use.
M.
Free flow of vehicular traffic abutting commercial
developments. In front of areas zoned and designed for commercial
use or where a change of zoning to a zone which permits commercial
use is contemplated, the street width shall be increased by such amount
on each side as may be deemed necessary by the Planning Board to assure
the free flow of through traffic without interference by parked or
parking vehicles and to provide adequate and safe parking space for
such commercial or business district.
A.
Format for proposed road names. Upon receipt of a
proposed name of a road for an approved subdivision, the Planning
Board shall notify the following agencies for their comments: the
Columbia County Sheriff's Department, the Copake Chief of Police,
the Community Rescue Squad, the Fire Department that covers the proposed
road, the Copake Highway Superintendent and the Town Board. A thirty-day
comment period shall lapse to give the involved agencies time to consider
any problems that may arise due to similar road names in the area.
After the waiting period has lapsed and the proposed road name has
not received any negative comments from the involved agencies, then
the Planning Board shall make its decision and forward its recommendation
on to the Town Board for final approval.
B.
Names to be substantially different. Proposed street
names shall be substantially different so as not to be confused in
sound or spelling with present names, except that streets that join
or are in alignment with streets of an abutting or neighboring property
shall bear the same name. Generally, no street should change direction
by more than 90° without a change in street name.
A.
Lots to be buildable. The lot arrangement shall be such that in constructing a building in compliance with Chapter 232, Zoning, there will be no foreseeable difficulties for reasons of topography or other natural conditions. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear and in general shall not exceed three times the lot width.
B.
Side lines. All side lines of lots shall be at right
angles to straight street lines and radial to curved street lines,
unless a variance from this rule will give a better street or lot
plan.
C.
Corner lots. In general, corner lots should be larger
than interior lots to provide for proper building setback from each
street and provide a desirable building site.
D.
Driveway access. Driveway access and grades shall
conform to specifications of the town driveway ordinance, if one exists.
Driveway grades between the street and the setback line shall not
exceed 10%. Lots shall be laid out so that driveways have access to
the street which is intended to carry the least traffic when alternate
driveway locations exist.
E.
Access from private streets. Access from private streets
shall be deemed acceptable only if such streets are designed and improved
in accordance with this chapter.
F.
Monuments and lot corner markers. Permanent monuments meeting the specifications approved by the Town Engineer, or as otherwise provided in Chapter 149, Highway Specifications, as to size, type and installation, shall be set at such block corners, angle points, points of curves in streets and other points as the Town Engineer may require or as otherwise provided in Chapter 149, Highway Specifications, and their location shall be shown on the final plat.
A.
Removal of spring and surface water. The subdivider
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.
B.
Drainage structure to accommodate potential development upstream. A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The Town Engineer shall approve the design and size of facility based on anticipated runoff from a ten-year storm under conditions of total potential development permitted by Chapter 232, Zoning, in the watershed.
C.
Responsibility from drainage downstream. The subdivider's
engineer shall also study the effect of each subdivision on the existing
downstream drainage facilities outside the area of the subdivision;
this study shall be reviewed by the Town Engineer. Where it is anticipated
that the additional runoff incident to the development of the subdivision
will overload an existing downstream drainage facility during a five-year
storm, the Planning Board shall notify the Town Board of such potential
condition. In such case, the Planning Board shall not approve the
subdivision until provision has been made for the improvement of said
condition.
D.
Land subject to flooding. Land subject to flooding
or land deemed by the Planning Board to be uninhabitable shall not
be platted for residential occupancy, nor for such other uses as may
increase danger to health, life or property or aggravate the flood
hazard, but such land within the plat shall be set aside for such
uses as shall not be endangered by periodic or occasional inundation
or improved in a manner satisfactory to the Planning Board to remedy
said hazardous conditions.
A.
Recreation areas shown on master plan. Where a proposed park, playground or open space shown on the Master Plan is located in whole or in part in a subdivision, the Planning Board shall require that such area or areas be shown on the plat in accordance with the requirements specified in Subsection B below. Such area or areas may be dedicated to the town or county by the subdivider, if the Town Board approves such dedication.
B.
Parks and playgrounds not shown on Master Plan.
(1)
The Planning Board shall require that the plat show
sites of a character, extent and location suitable for the development
of a park, playground or other recreation purpose. The Planning Board
may require that the developer satisfactorily grade any such recreation
areas shown on the plat.
(2)
The Planning Board shall require that not less than
three acres of recreation space be provided per 100 dwelling units
shown on the plat. However, in no case shall the amount required be
more than 10% of the total area of the subdivision. Such area or areas
may be dedicated to the town or county by the subdivider if the Town
Board approves such dedication.
C.
Information to be submitted. In the event that an
area to be used for a park or playground is required to be so shown,
the subdivider shall submit to the Planning Board, prior to final
approval, six prints drawn at a scale of not less than 30 feet to
the inch, showing such areas and the following features thereof:
(1)
The boundaries of said area, giving lengths and bearings
of all straight lines; radii, lengths, central angles and tangent
distances of all curves.
(2)
Existing features such as brooks, ponds, clusters
of trees, rock outcrops and structures.
(3)
Existing and, if applicable, proposed changes in grade
and contours of said area and of area immediately adjacent.
D.
Waiver of plat designation of area for parks and playgrounds.
(1)
In cases where the Planning Board finds that due to
the size, topography or location of the subdivision, land for park,
playground or other recreation purpose cannot be properly located
therein or if in the opinion of the Planning Board it is not desirable,
the Planning Board may waive the requirement that the plat show land
for such purposes.
(2)
The Planning Board shall then require as a condition
of approval of the plat a payment to the Town of Copake of the sum
as established by the Town Board.
(3)
Such amount shall be paid to the Town Board at the
time of final plat approval, and no plat shall be signed by the authorized
officer of the Planning Board until such payment is made. All such
payments shall be held by the Town Board in a special Town Recreation
Site Acquisition and Improvement Fund to be used for the acquisition
of land that is suitable for permanent park, playground or other recreational
purposes, is so located that it will serve primarily the general neighborhood
in which the land covered by the plat lies and shall be used only
for park, playground or other recreational land acquisition or improvement.
Such money may also be used for the physical improvement of existing
parks or recreation areas serving the general neighborhood in which
the land shown on the plat is suited, provided that the Planning Board
finds there is a need for such improvements.
E.
Reserve strips prohibited. Reserve strips of land,
which might be used to control access from the proposed subdivision
to any neighboring property or to any land within the subdivision
itself shall be prohibited.
