[HISTORY: Adopted by the Town Board of the
Town of Crawford 2-8-1990 by L.L. No. 1-1990. Amendments noted where
applicable.]
[Added 5-9-2002 by L.L. No. 4-2002]
A.
Pursuant to the authority granted by § 276
of the Town Law and by Local Law No. 2-1990, adopted by the Town Board
of the Town of Crawford on February 9, 1990, the Planning Board of
the Town of Crawford is authorized to approve preliminary and final
subdivision plats showing lots, blocks or sites, with or without streets
or highways.
B.
The Town Board of the Town of Crawford had adopted
these regulations to guide the Planning Board's subdivision of land
for the purpose of providing for the orderly growth and coordinated
development of land in the Town of Crawford in accordance with the
Town zoning law and other police power laws and regulations and the
Town's Comprehensive Plan Update adopted July 12, 2001, so to assure
the comfort, convenience, health, welfare and safety of its citizens.
The Town Board has further adopted these regulations for the purpose
of promoting the following considerations upon which the approval
of subdivisions in the Town of Crawford shall be based:
(1)
To conform with the applicable parts of the Town of Crawford Comprehensive Plan Update 2001 and Chapter 137 (Zoning) of the Town of Crawford Code.
(2)
To help achieve the specific community-wide objectives
set forth in the Comprehensive Plan Update 2001, protecting not only
cultural landmarks and resources but also their surrounding visual
context, protecting significant agricultural lands and resources,
and protecting the rural appearance of the Town of Crawford, including
the preservation of natural assets such as streams, ponds, fields,
trees, and critical habitat areas.
(3)
To implement desirable standards of subdivision design,
including adequate provisions for vehicular traffic and surface water
runoff, and for creating suitable building sites, including house
locations, for uses permitted in the applicable zoning district or
districts.
(4)
To provide for and/or consider the necessary community
facilities to support the contemplated use, such as parks and recreation
facilities, school sites, firehouses and off-street parking.
(5)
To provide adequate utility services in a way that
minimizes adverse visual impacts.
[Amended 5-9-2002 by L.L. No. 3-2002; 5-9-2002 by L.L. No.
4-2002]
For the purposes of these regulations, certain words used herein are defined as follows. If a term is not listed below, but is defined in Article 16 of New York State Town Law or Chapter 137 of the Town Code, then for the purpose of these regulations, the meaning of that term shall be as defined therein. Otherwise, words not specifically listed in this section assume the definition employed in common usage.
The person or firm authorized to represent a property owner
before the Board, by a written authorization submitted to the Board.
The attorney employed by or assigned to the Board.
The Planning Board of the Town of Crawford.
A residential development that modifies the lot dimensional and area requirements in Chapter 137, Zoning, for the purpose of providing a benefit to the Town consistent with the Comprehensive Plan. Cluster developments shall in no case exceed the permitted number of building lots or dwelling units which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming with the minimum lot dimension, area and density requirements of Chapter 137, Zoning, applicable to the land in question and conforming to all other applicable requirements. The phrase "all other applicable requirements" means all applicable local zoning and land use laws and regulations and all applicable county, state and federal laws, regulations and requirements.
A dead-end street having only one point of access.
The authorization by a property owner for use by another,
for a specified purpose, of a less-than-fee interest in a designated
portion of his property. The creation of an easement shall not subdivide
a parcel into two or more lots as defined hereunder.
The final plan containing all required details which, after
approval, will be presented to the Orange County Clerk for recording.
The Town of Crawford Highway Superintendent.
The moving of one or more lot lines dividing two existing
parcels.
A comprehensive plan and any amendments thereto prepared
pursuant to § 272-a of New York State Town Law which indicates
the general locations recommended for various classes of activities
and for the general development of the Town.
A map established pursuant to § 270 of New York
State Town Law and adopted by the Town Board of the Town of Crawford
showing the street, highway and park systems laid out and established
by law, along with any additions or amendments thereto.
Areas where structural development of any kind is permanently
restricted by covenant or other devise.
A plan containing all required detail prior to public hearing,
and incorporated into a complete application.
An accessway, not owned or maintained by the Town of Crawford,
providing access for more than one lot.
An informal plan, which does not necessarily meet the requirements
for preliminary plan approval, which shows the salient existing features
of a tract and its surroundings and the general layout of a proposed
subdivision.
The New York State Environmental Quality Review Act, Article
8 of the New York State Environmental Conservation Law, and implementing
regulations, New York Code of Rules and Regulations Part 617.
Any road used for vehicular traffic purposes by the public.
The following functional classification applies herein:
STREET, ARTERIALA street which is used for fast or heavy traffic, primarily between communities or large areas.
STREET, COLLECTORA street which carries traffic from minor streets to arterial streets.
STREET, MINORA street which is intended primarily for access to abutting properties.
The division of any real property into two or more lots,
plots, parcels or sites for the purpose of conveyance, transfer, improvement,
development, gift or sale, including such as, without limitation,
a long-term lease. For purposes of this regulation, no stream, street,
highway or right-of-way shall be considered to create a natural subdivision
of any parcel.
A subdivision in which the lot or lots to be created do not
have frontage on an existing or new public street. Access to such
a property may be through easement, right-of-way or similar devise.
If a proposed lot line change does not create
any new building lots, plots, parcels or sites, nor create or increase
nonconformancies, nor create any significant planning issues, the
Planning Board may exempt such lot line change from any review at
its discretion. The Planning Board shall make a determination concerning
the plan requirements for a lot line change at the time of sketch
plan review.
When any subdivision of land is proposed to be made and before any contract for the conveyance, sale, gift or transfer of a fee interest in a part thereof is made, not contingent on subdivision approval, and before any permit for the erection of a structure thereon shall be granted, the owner thereof or his agent shall apply in writing to the Board for approval of that subdivision. Such application shall conform to the specifications in § 121-7 of these regulations.
A.
Sketch plan procedure.
(1)
Prior to applying for approval of a preliminary plan, the owner or his agent shall submit to the Board a sketch plan and data. Data to be submitted is described in § 121-7.
(2)
The owner or his agent shall discuss the sketch plan
with the Planning Board with regard to conformance to zoning requirements,
existing and proposed public developments and facilities and adequacy
thereof, conformance to the Master Plan and Official Map, if any,
and any special concerns, including but not limited to soils limitations,
topography, means of access, adequacy of street connections, the general
safety and flooding. Such discussion shall take place at a regular
meeting of the Board. Changes to the sketch plan shall be discussed
at a regular meeting and shall be stated in the Board's minutes, which
shall be made available to the owner or his agent on request.
B.
Preliminary plan procedure.
(1)
If the subdivision will use subsurface leach fields for sewage waste disposal, percolation and deep hole tests shall be made, notwithstanding the provisions of Town of Crawford Code § 137-20B.
(3)
The Planning Board shall hold a public hearing within
62 days from the date of submission of the complete preliminary application
as determined by the Planning Board. Within 62 days from the date
on which the public hearing is closed, the Planning Board shall render
its decision on the preliminary plan. The exact reason for the disapproval
or conditions on approval, if any, shall be stated in the minutes
of the meeting at which such decision was made, and such minutes shall
be made available to the subdivider. Notwithstanding the above-referenced
time limits, if insufficient information exists under SEQR for the
Planning Board to schedule a hearing or render its decision in a timely
fashion, the Board shall delay its decision until such information
is made available to it. The minutes of the meeting in which such
decision was made shall specify the additional materials needed, in
such case.
[Amended 5-9-2002 by L.L. No. 4-2002]
(4)
If waivers have been requested for any provisions
of this regulation, the Planning Board shall state in its minutes
the nature of the waivers which have been requested, and which, in
the opinion of the Planning Board, may be waived without jeopardy
to the public health, safety and general welfare, or which are inappropriate
because of inadequacy or lack of connecting facilities adjacent to
or in proximity to the proposed subdivision.
(5)
Approval of a preliminary plan shall not constitute
approval of the final plan unless specifically so stated by the Board.
(6)
Approval of a preliminary plan shall expire six months
after the date of approval. Extensions of preliminary approval for
periods of up to 12 months may be granted by the Planning Board upon
written application.
C.
Final plan procedure.
(1)
The final plan shall conform substantially to the
preliminary plan, as approved, and if desired by the subdivider, it
may constitute only a section of the approved preliminary plan which
he proposes to record and develop at the time.
(2)
Submissions.
(a)
At the time of filing the final plan, the subdivider
shall submit the following as needed:
[1]
Certification by a professional engineer as
to satisfactory completion of required improvements according to design.
[2]
A performance bond, approved by the Town Board, Town Engineer and Town Attorney as to form, sufficiency, manner of execution and surety, for the completion of required improvements. (See Chapter 64 of the Town of Crawford Code.)
[3]
Offers of dedication, in a form satisfactory
to the Town Attorney, of any land to be dedicated to the Town for
streets, parks, easements or any other public facilities. However,
final plan approval and tendering of offers of dedication shall not
constitute an acceptance by the Town of the dedication of any street,
park, easement or public facility.
(b)
The filer of the map shall also be required
to file with the County Clerk an affidavit from the record owner of
the parcel being subdivided, stating that the notes on the map constitute
a covenant. The language of such affidavit shall be in a form satisfactory
to the Town Attorney.
(3)
Within 62 days of submission of the final plan, the
Planning Board shall hold a public hearing, except that when the Planning
Board deems the final plan to be in substantial agreement with the
approved preliminary plan, it may waive the public hearing requirement.
The Planning Board shall act to approve, approve with modifications
or disapprove the plan within 62 days after the date of such hearing
or, if no such hearing is held, within 45 days of submission of the
final plan. The forty-five-day time limits shall not begin to run
until the Planning Board has taken final action under SEQRA. If the
plan is approved with modifications or disapproved, the minutes shall
state the reasons for such action. A copy of such minutes shall be
sent to the subdivider on request.
[Amended 5-9-2002 by L.L. No. 4-2002]
(4)
The Planning Board may permit the final plan to be
divided into two or more sections, subject to such conditions as it
deems necessary to ensure the orderly development of the subdivision.
(5)
Drawings showing the actual location and design of
all required improvements shall be certified by a surveyor, engineer,
architect or landscape architect, as appropriate, licensed and registered
in the State of New York, and filed with the Planning Board within
30 days prior to the acceptance of the improvements by the Town. Until
as-built plans are filed and approved by the Planning Board, no bond
or other surety instrument guaranteeing the completion of such improvements
shall be released, nor shall a permanent or final certificate of occupancy
be issued by the Town Building Inspector.
A.
Streets and driveways.
(1)
Block length shall not exceed eight times the required
minimum lot width or 1,200 feet.
(2)
Intersections shall be at angles as close to 90°
as possible. In no case shall angles be less than 60°.
(3)
The paved portion of Town roads shall have a width of 24 feet. However, where a Town road ends in a cul-de-sac or other turnaround area, then the width of the paved portion of the road (not including the cul-de-sac or turnaround area) shall be 20 feet. New Town roads shall have outlets at each end, when feasible, in order to facilitate the flow of traffic and to maintain the most reliable access for emergency services. When dead-end roads are unavoidable, there shall be a suitable cul-de-sac or turnaround at the end of the road, constructed pursuant to specifications in Chapter 118 of the Town Code. The maximum length of a permanent or temporary dead end shall be 750 feet to the center of the cul-de-sac, measured from the center line of the intersecting roadway. The Town Board may approve a dead end longer than 750 feet. In considering a request to waive the seven-hundred-fifty-foot requirement, the Town Board shall consider comments from the Planning Board, which shall refer the waiver request to the Town Board. Relevant factors include, but are not limited to, whether the request is part of a clustered subdivision design and particularly whether granting the request would help to achieve the specific community-wide objectives set forth in the Comprehensive Plan Update 2001. These objectives include but are not limited to protecting cultural landmarks and resources and their surrounding visual context, protecting significant agricultural lands and resources, and protecting the rural appearance of the Town of Crawford, including the preservation of natural assets such as streams and watercourses, aquifer recharge areas, ponds, fields, trees, and critical habitat areas.
[Amended 5-8-1987 by L.L. No. 4-1997; 5-9-2002 by L.L. No. 4-2002; 9-20-2018 by L.L. No. 5-2018]
(4)
The center lines of offset intersecting streets shall
be separated by a minimum distance of 150 feet. Grades shall be limited
to no more than plus or minus 2% within 50 feet of an intersection.
(5)
The minimum required sight distance is specified in Chapter 118 of the Code of the Town of Crawford. However, the Highway Superintendent may require additional sight distance where conditions such as speed or physical factors may require. Whenever the Planning Board, any other Town board or the Town Highway Superintendent requires that a property owner grant a sight-distance easement to the Town as a condition of any approval or permit, then the property owner shall be responsible to perpetually maintain the easement area in order to preserve the required sight-distance. The Town shall have the right, but not the duty or obligation, to enter upon the property and maintain said easement area for public purposes if it so chooses, unless other arrangements are specifically authorized by the Town Board or official requiring the easement. If the Town performs any such work, all of the Town's costs shall be paid by the property owner and, if not paid, may be assessed and levied as a lien against the property and collected in the same manner as real property taxes. The existence and location of the sight-distance easement shall be noted on any approved map or plan, and the Town may require the recording in the County Clerk's office of any sight-distance easement.
[1]
Editor's Note: This local law also provided
that it shall supersede any inconsistent provision of the Town Law.
(6)
At the discretion of the Planning Board, internal
roads shall be created to serve subdivisions of five or more lots
for land which fronts on a public road. This provision shall also
apply to subdivisions of land fronting on a state highway which is
capable of being further subdivided into more than five lots according
to the current zoning laws.
(7)
If a tract is divided into lots which are large enough
to permit resubdivision, such lots shall be arranged so as to allow
the opening of future streets and the logical further resubdivision,
except if such lots are prohibited from resubdivision by a deed restriction
at the time of their creation.
(8)
Reserve strips that would prevent the logical continuation
of a public street through to an adjoining property shall be prohibited.
Similarly, reserve strips shall not prevent access to a public improvement
such as a park or playground.
(9)
All proposed new public roads are to be named by the
Town Board prior to final approval. Roads which are planned as a continuation
of an existing road shall bear the same name.
(10)
The unpaved centers of culs-de-sac are to be
landscaped and seeded with a self-maintaining cover, such that regular
Town maintenance is not required in order to preserve a neat appearance.
(11)
All other relevant street and driveway design parameters are contained in Chapter 118 of the Code of the Town of Crawford, entitled "Streets and Sidewalks."
[Amended 5-8-1997 by L.L. No. 4-1997[2]]
[2]
Editor's Note: This local law also provided
that it shall supersede any inconsistent provision of the Town Law.
(12)
Driveways shall not exceed slopes of 12% at
any point.
(13)
Driveways shall be equipped with a turnaround
area at least 10 feet by 20 feet in size and not exceeding a grade
of 6%.
B.
Trees and natural features; tree conservation
(1)
Trees and natural features. The Planning Board may
specify reasonable requirements for the preservation of outstanding
natural features, such as large trees, watercourses or water bodies,
historic locations or scenic views, insofar as such are consistent
with the logical and harmonious design of the subdivision. In general,
trees in good health over 12 inches in diameter at breast height (dbh)
shall be preserved by the subdivider (eight inches at the request
of the Planning Board).
(2)
Tree conservation.
[Added 5-8-1997 by L.L. No. 4-1997[4]]
(a)
General prohibition.
[1]
It shall be prohibited to prepare wooded or
treed land for subdivision or site plan development by first stripping
any significant number of trees from the land, then applying for applicable
permits, then building, and then relandscaping.
[2]
Tree, shrubs and hedges shall be planted so
as to avoid complete obstruction of any important scenic view. Existing
vegetation can obscure important scenic views, and that vegetation
should be maintained by selective cutting or thinning to avoid this.
It is encouraged that vegetation be maintained so as to avoid complete
obstruction of the view. Obstruction of the view can be avoided by
selective cutting or thinning of vegetation rather than wholesale
removal. Use of deciduous vegetation will permit seasonal views.
[4]
Editor's Note: This local law also provided
that it shall supersede any inconsistent provision of the Town Law.
(3)
Tree conservation process. Before any application
for site plan or subdivision approval shall be deemed complete, the
applicant shall prepare a tree survey that shall:
[Added 5-8-1997 by L.L. No. 4-1997[5]]
(a)
Locate and identify on a scaled map both significant
groups of trees and specific trees with a diameter (as measured at
four feet above the ground), or diameter at breast height (dbh), of
12 or more inches in the area the land will be directly disturbed
by development.
(b)
Certify in writing, under penalty of perjury,
that the land has not been stripped of trees in contemplation of the
application.
(c)
Present a plan that will minimize development
impacts on existing trees.
[5]
Editor's Note: This local law also provided
that it shall supersede any inconsistent provision of the Town Law.
(4)
The Planning Board shall require such revisions as
it deems necessary and approve the map and conservation plan as part
of its application review.
C.
Drainage.
(1)
Adequate provision shall be made for storm drainage
facilities necessitated by the subdivision, subject to the review
and recommendations of the Town Engineer. All subdivisions shall be
related to the existing drainage pattern for the involved areas, and
in no case shall the volume or flow of drainage be increased to the
detriment of off-site properties.
(2)
The design storm which shall be used for planning
all subdivision drainage facilities is the twenty-five-year storm.
However, this standard shall be reviewable by the Planning Board should
the Town Engineer recommend a different design storm for a specific
subdivision.
(3)
Any drainage structures, easements or rights-of-way
created on a subdivision shall be the responsibility of the lot owner
to perpetually maintain; however, the lot owner shall allow the Town
the right to enter and maintain such facilities for public reasons
if it so chooses, unless other arrangements are specifically approved
by the Planning Board in writing. The disposition of drainage structures,
easements or rights-of-way shall be certified by a note on the map.
D.
General requirements.
(1)
Land subject to flooding or periodic inundation shall not be planned for residential occupancy, nor for other uses which may increase the flood hazard or which may increase or create danger to life, property or the general public welfare. This includes lands in the floodway (the flood watercourse as mapped by the Federal Emergency Management Agency), the flood fringe (the flood fringe area as mapped by the Federal Emergency Management Agency) or areas bordering on watercourses. Land deemed by the Planning Board to be uninhabitable for other reasons that would produce unsatisfactory living conditions, such as excessive slope, also shall not be planned for residential occupancy, as per §§ 121-5 and 121-6 of these regulations.
(2)
Parks and playgrounds. A reservation of 10% of the
total lot areas within a subdivision shall be made for park or playground
purposes; or a fee in lieu of dedicating parkland shall be collected
on a per-lot basis for new residential lots. The Town Board, with
the advice of the Planning Board, shall have the option of deciding
whether to accept parkland or the fee in lieu of parkland.
(3)
In general, the proposed subdivision shall conform
to the Master Plan, and also to the Official Map, if any.
(4)
Solar access. Buildings depicted on a subdivision plat shall be located
(i) to take advantage of solar access, including orientation of proposed
buildings with respect to the proposed street layout, sun angles,
and the potential shading by existing and proposed vegetation on and
off site, and (ii) to not detrimentally impact solar access of adjoining
buildings and property.
[Added 9-15-2016 by L.L. No. 7-2016]
A.
Purpose. For the purpose of promoting the public health, safety and general welfare; determining, establishing and defining soil groups; and to provide guidance for the use and potential limitations of those soils, the entire area of the Town of Crawford is hereby divided into 15 soil groups. (See the Table of Soil Groups, § 121-6.)
B.
Map. The groups are comprised of several soil types as identified in § 121-6, and which soil types are shown on the map designated as the Town of Crawford Soil Map, dated January 1974, and made a part of this regulation (NOTE: On file in the office of the Building Inspector). All pertinent notations, soil mapping unit designators and other information shown upon said map shall be as much a part of this regulation as if the matter and things set forth by said map were fully described herein. The soils map is not intended to substitute for on-site soils investigations. These regulations recognize the accuracy limitations of the Soil Map for individual site planning purposes.
C.
Preparation. The soil groups and the Town of Crawford
Soil Map were prepared with the assistance and cooperation of the
United States Department of Agriculture, Soil Conservation Service,
Orange County, New York, published in January 1974.
D.
Applicability. These regulations shall not repeal,
impair or modify private covenants or other public laws, except that
it may apply whenever it imposes stricter regulations.
E.
Nonrepresentation. The granting of a permit due to
the designations, grouping, characteristics and special foundation
requirements shall not constitute a representation, guaranty or warranty
of the suitability of lands, practicability or safety of any structure,
use or other plan proposed.
F.
Sediment control.
(1)
The subdivider shall provide effective sediment control
measures before planning and during construction of subdivisions.
Use of the following technical principles shall be applied:
(a)
The smallest practical area of land shall be
exposed at any one time during the development.
(b)
When land is exposed during development, the
exposure shall be kept to the shortest practical period of time.
(c)
Temporary vegetation and/or emulsion shall be
used to protect critical areas exposed during development.
(d)
Sediment basins, debris basins (silting basins
or silt traps) shall be installed and maintained to remove sediment
from runoff waters on lands undergoing development.
(e)
Provision shall be made to effectively accommodate
the increased runoff caused by changing soils and surface conditions
during and after development.
(f)
Permanent final vegetation and structures should
be installed as soon as practical in the development.
(g)
The development plan should be fitted to the
type of topography and soils so as to create the least erosion potential.
(h)
Whenever feasible, natural vegetation should
be retained and protected.
(2)
Site plan approval is required to grade and/or shape
the topography, and is subject to the same restrictions and reviews
as are subdivisions with respect to sediment control. (Preparation
of agricultural land fitting to seed crops for harvest is not considered
grading.)
(3)
Proper erosion, sediment and drainage control shall
be maintained at all times during construction. If a subdivider or
developer fails to maintain such adequate controls, the Town may enter
the property for purposes of implementing such adequate control and
the cost of implementing the same shall be, if not promptly paid by
the property owner or developer, a lien upon the property. Notwithstanding
any longer term provided for the completion of public improvements,
a property owner, developer or principal may be called in default
and moneys obtained by virtue of the performance bond to provide for
adequate erosion, sediment and drainage controls.
H.
Utilization.
(1)
It is recognized that the soil maps and the information
found in the Orange County Soil Report do not eliminate the need for
future on-site investigations. The delineated areas of a given soil
mapping unit may contain small areas of other kinds of soil that have
strongly contrasting properties. The small areas, between 10% to 15%
of the total area, are called inclusions and cannot be separated out
on the scale of mapping used in Orange County.
(2)
The Planning Board shall have full authority to make
additional requirements to fit conditions that may be observed in
the field and as a result of subsequent tests.
(3)
A permit applicant whose plan does not meet minimum
requirements of the regulation may:
(a)
Incorporate in the plans accepted methods of
construction and/or accepted materials whose use will meet the added
requirements; or
(b)
Petition the Planning Board for a waiver or modification of these requirements in accordance with § 121-9 hereof. In considering a request for a waiver of these requirements, the Planning Board may request the Soil and Water Conservation District to conduct an on-site soil inspection for the purpose of determining the specific soil type and subsequent group, or require that a subsurface soil investigation be conducted by a registered professional engineer to determine the soil-bearing capacity, its stability, drainage characteristics, permeability and other properties that may be in question.
The Table of Soil Groups shall be as follows:
|
Table of Soil Groups
|
|
GROUP I.
|
SOILS DEVELOPED IN SANDS AND GRAVEL, NEARLY
LEVEL THROUGH SLOPING.
| ||
|---|---|---|---|
|
A.
|
Characteristics. The soils in this group are
excessively well-through-well drained, medium and coarse-textured
and are formed in glacial outwash plains, terraces and stream valleys.
They are underlain by water deposited beds of sand or sand and gravel.
These soils have moderately rapid to very rapid permeability. The
seasonal high-water table and bedrock are below six feet. Slope ranges
from 0% through 15%. Soils included in this group are 1A, 1B, 1C,
2A, 2B, 2C, 9A, 9B, 9C, 10A, 10B, 10C, 13A, 13B and 13C.
| ||
|
B.
|
Use and requirements.
| ||
|
(1)
|
These soils may be used for on-site septic systems
that are adequately designed. These soils have slight limitations
for septic systems on A and B slopes, and moderate limitations on
C slopes.
| ||
|
(2)
|
Buildings with and without basements may be
installed on these soils. These soils have slight limitations for
homesites with and without basements on A and B slopes, and moderate
limitations on C slopes.
| ||
|
(3)
|
Erodability on these soils is low to medium
and may be a problem on the steeper C slopes.
| ||
|
GROUP II.
|
SOILS DEVELOPED IN VERY FINE SAND AND SILTS,
NEARLY LEVEL TO GENTLY SLOPING.
| ||
|---|---|---|---|
|
A.
|
Characteristics. The soils in this group are
well-drained and occur in areas where glacial lake sediments have
accumulated. These sediments contain very fine sands and silts. These
soils are moderately permeable and have a seasonal high-water table
of five feet plus. Bedrock generally occurs at six feet plus. Slope
ranges from 0% through 8%. Soils included in this group are 78A, 78B,
79A and 79B.
| ||
|
B.
|
Use and requirements.
| ||
|
(1)
|
These soils may be used for on-site septic systems
that are adequately designed. These soils have slight limitations
for septic systems.
| ||
|
(2)
|
Buildings with and without basements may be
installed on these soils. These soils have slight limitations for
homesites with and without basements.
| ||
|
(3)
|
Erodability of these soils is high and may be
a problem on all slopes.
| ||
|
GROUP III.
|
SOILS DEVELOPED IN COARSE SILTS AND LOAM WITH
A FIRM BASAL TILL LAYER, NEARLY LEVEL THROUGH SLOPING.
| ||
|---|---|---|---|
|
A.
|
Characteristics. The soils in this group are
well-drained, medium to moderately coarse-textured and are developed
in thick glacial till deposits of the upland. These soils are moderately
permeable in the upper 30 inches and slowly permeable below 30 inches.
The water table and bedrock are generally six feet or deeper. Slope
ranges from 0% to 15%. Soils included in this group are 38C, 39A,
39B, 63B and 63C.
| ||
|
B.
|
Use and requirements.
| ||
|
(1)
|
These soils may be used for on-site septic systems
that are adequately designed. These soils have moderate limitations
for septic systems.
| ||
|
(2)
|
Buildings with and without basements may be
installed on these soils. These soils have slight to moderate limitations
for homesites.
| ||
|
(3)
|
Erodability on these soils is low to medium,
and erosion may be a problem on the C slopes.
| ||
|
GROUP IV.
|
SOILS DEVELOPED IN COARSE SILTS AND LOAM WITH
A FIRM FRAGIPAN, NEARLY LEVEL THROUGH SLOPING.
| ||
|---|---|---|---|
|
A.
|
Characteristics. The soils in this group are
well-drained to moderately well-drained and occur mostly on the tops
and sides of drumlin hills. The soils are underlain by compact glacial
till, and have a fragipan 16 to 30 inches below the soil surface.
These soils are moderately through very slowly permeable and have
a seasonal high-water table at 1 1/2 through four feet. Bedrock
is usually below six feet. Soils included in this group are 5A, 5B,
20B, 20C, 35A, 35B, 35C, 40B, 40C, 41B, 41C, 64B and 64C.
| ||
|
B.
|
Use and requirements.
| ||
|
(1)
|
These soils may be used for on-site septic systems
that are adequately designed to overcome the noted limitations. These
soils have moderate to severe, and severe limitations for on-site
septic systems. The Bath (40) and Swartwood (20) soils have a slowly
permeable layer at 24 to 30 inches, and the Troy (41), Wurtsboro (35)
and Braceville (5) soils have a slowly permeable layer at 16 to 24
inches. If the well-drained layers are removed during grading or if
systems are installed below the well-drained layers, problems can
be expected. On-site investigation is necessary to determine site
conditions, with special attention given to time of year, and field
conditions under which tests are taken. (See New York State Department
of Health bulletins.)
| ||
|
(2)
|
Buildings with and without basements may be
installed on these soils. In cases where buildings are installed deeper
than four feet on the Bath and Swartswood and three feet on the Troy
and Wurtsboro, a free-flowing outlet should be provided. These soils
have slight to moderate limitations for buildings. The Castile (Braceville)
soils are influenced by the seasonal high table and position in the
landscape.
| ||
|
(3)
|
Erodability is low to medium on these soils,
and erosion may be a problem on the C slopes.
| ||
|
GROUP V.
|
SOILS DEVELOPED IN HEAVY SILTS AND CLAYS, NEARLY
LEVEL TO GENTLY SLOPING.
| ||
|---|---|---|---|
|
A.
|
Characteristics. The soils in this group are
moderately well-drained and occur in areas where glacial lake sediments
have accumulated. These sediments contain clay and heavy silts. These
soils are slowly permeable, very unstable and have a high shrink and
swell potential. The water table is from 1 1/2 to three feet.
Bedrock is generally below six feet. Slope ranges from 0% to 8%. Soils
included in this group are 80A, 80B and 84B.
| ||
|
B.
|
Use and requirements.
| ||
|
(1)
|
These soils may be used for septic systems if
it is proven that the limitations as stated in the Soils Interpretation
Report for Orange County have been or will be overcome. These soils
have severe limitations for septic systems.
| ||
|
(2)
|
Buildings with and without basements may be
installed on these soils. In cases where basements are constructed
at depths greater than three feet, adequate foundation drainage to
a free outlet should be provided. These soils have slight through
severe limitations for homesites.
| ||
|
(3)
|
Erodability on these soils is high, and erosion
may be a problem on all slopes.
| ||
|
GROUP VI.
|
SOILS DEVELOPED IN MEDIUM SANDS AND SILTS INFLUENCED
BY BEDROCK AND SURFACE STONES, NEARLY LEVEL THROUGH SLOPING.
| ||
|---|---|---|---|
|
A.
|
Characteristics. The soils in this group are
well-drained to moderately well-drained and occur on the tops and
sides of drumlin hills. The soils are underlain by compact glacial
till and have a fragipan that ranges from 16 to 30 inches. The soils
in this group have a surface stoniness condition and shallowness to
bedrock problem. On-site investigation is a must on these soils. Slope
ranges from 0% to 15%. Soils included in this group are 22AC, 65AC,
77B, 77C and 020 BC.
| ||
|
B.
|
Use and requirements.
| ||
|
(1)
|
In cases where deep pockets of Bath soils are
found in the Bath-Nassau complex unit (77), these soils may be used
for on-site septic systems if adequately designed. On-site septic
systems may also be used in cases where the extreme stoniness of the
Bath Swartswood (020) soils is found to be only a surface condition.
On-site investigation is necessary to determine to extent of stoniness
or the bedrock condition of these soils. The soils have severe limitation
for septic systems.
| ||
|
(2)
|
Buildings with and without basements may be
installed on these soils if adequate foundation drainage is provided
to a free-flowing outlet. These soils have moderate to severe limitations
for homesites.
| ||
|
(3)
|
Erodability on these soils is low to medium.
Erosion may be a problem on the C slopes.
| ||
|
GROUP VII.
|
SOILS DEVELOPED IN SILTS, CLAYS AND VERY FINE
SANDS THAT ARE WET, NEARLY LEVEL TO GENTLY SLOPING.
| ||
|---|---|---|---|
|
A.
|
Characteristics. The soils in this group are
somewhat poorly drained and occur in concave areas in the glacial
till upland. These soils are very fine sands through silty clay loam
texture. Permeability is slow to very slow. The seasonal high-water
table is 1/2 to one and 1 1/2 feet. Bedrock is generally six
feet plus. These soils are subject to ponding. Soils in this group
are 4A, 4B, 7, 25A, 42A, 42B, 81, 85A, 85B and 025B.
| ||
|
B.
|
Use and requirements.
| ||
|
(1)
|
Septic systems shall not be installed on these
soils.
| ||
|
(2)
|
Homesites with basements shall not be installed
on these soils. Homesites without basements may be installed if adequate
drainage is provided to a free-flowing outlet.
| ||
|
(3)
|
Erosion on these soils ranges from low to high.
| ||
|
(4)
|
Red Hook (7) and Raynham (81) are placed in
this group, but, in some cases, these soils are subject to ponding
and flooding. On-site investigation is necessary to determine the
location of these soils on landscape.
| ||
|
GROUP VIII.
|
SOILS DEVELOPED IN SILTS THAT ARE INFLUENCED
BY BEDROCK, NEARLY LEVEL THROUGH SLOPING.
| ||
|---|---|---|---|
|
A.
|
Characteristics. The soils in this group occur
mostly in the rougher areas of the upland. The soils are underlain
by hard bedrock, and some areas contain exposed rock outcrops. In
most places, hard rock is found from 20 to 40 inches below the soil's
surface. Permeability is moderate to slow above the bedrock. Where
limestone bedrock occurs, severe cracks and voids in the rock must
be considered. Slope ranges from 0% to 15%. Soils included in this
group are 3A, 3B, 3C, 48B, 75AB, 75C, 070BC, 071BC, 073AC, 074AC,
077AC and 088AB.
| ||
|
B.
|
Use and requirements.
| ||
|
(1)
|
Septic systems shall not be installed on these
soils.
| ||
|
(2)
|
Homesites may be installed on these soils, but
adequate foundation drainage should be provided to a free-flowing
outlet.
| ||
|
(3)
|
Erodability on these soils is low to medium.
Erosion may be a problem on the C slopes.
| ||
|
GROUP IX.
|
SOILS DEVELOPED IN SILTS, CLAY AND VERY FINE
SANDS THAT POND, NEARLY LEVEL.
| ||
|---|---|---|---|
|
A.
|
Characteristics. The soils in this group are
poorly drained to very poorly drained, with a seasonal high-water
table at zero to 1/2 foot. These soils are located in flat concave
areas on the landscape. Permeability is very slow. A ponding condition
will occur during most of the year. In some areas these soils are
located along streams and are subject to infrequent flooding. Slope
ranges from 0% to 3%. Soils included in this group are 8, 26, 43,
82, 86, 87, 97, 98 and 026.
| ||
|
B.
|
Use and requirements.
| ||
|
(1)
|
Septic systems shall not be installed on these
soils.
| ||
|
(2)
|
Buildings should not be installed on these soils.
These are ponding soils and give temporary storage during heavy rainfalls.
In cases where buildings are installed on these soils, the storage
eliminated by draining these areas must be replaced with holding ponds
so as not to increase runoff to areas below.
| ||
|
GROUP X.
|
SOILS DEVELOPED IN VERY FINE SANDS AND SILTS
THAT FLOOD, NEARLY LEVEL.
| ||
|---|---|---|---|
|
A.
|
Characteristics. The soils in this group are
nearly level and are in the floodplains of stream valleys. All these
soils are subject to flooding with the lower-lying, poorly drained
soils being flooded most frequently. The seasonal high-water table
fluctuates with the stream level. Permeability is moderate though
very slow. Slope ranges from 0% to 3%. Soils included in this group
are 88, 89, 91, 92, 93, 99, 100, 101, 193 and 293.
| ||
|
B.
|
Use and requirements.
| ||
|
(1)
|
These soils shall not have septic systems installed
on them.
| ||
|
(2)
|
Buildings with and without basements shall not
be constructed on these soils.
| ||
|
NOTE: Red Hook (7) and Raynham (81) soils are
placed in Group VII, but, in some cases, these soils are located along
small streams and are subject to ponding and flooding. On-site investigation
is necessary to determine location of these soils on the landscape.
| |||
|
GROUP XI.
|
SOILS DEVELOPED IN VERY FINE SANDS, HEAVY SILTS
AND CLAYS, GENTLY SLOPING.
| ||
|---|---|---|---|
|
A.
|
Characteristics. The soils in this group are
well-drained to moderately well-drained and occur in areas where glacial
lake sediments have accumulated. These sediments are in layers composed
of silts, very fine sands and clay. These soils are slowly permeable,
very unstable and have a high shrink and swell potential. The water
table ranges from 1 1/2 to six feet. Erosion and sluffing on
these soils is severe. Bedrock is generally below six feet. Slope
ranges from 8% to 15%. Soils included in this group are 78C, 79C and
84C.
| ||
|
B.
|
Use and requirements.
| ||
|
(1)
|
These areas shall not be used for on-site septic
systems except in cases where it can be proven that erosion and sluffing
will not occur, or necessary measures have been taken to prevent them.
| ||
|
(2)
|
Buildings with and without basements shall not
be installed on these soils except in cases where it can be proven
that erosion and sluffing will not occur, or necessary measures have
been taken to prevent them.
| ||
|
(3)
|
Erodability on these soils is high, and erosion
and sluffing may be a severe problem.
| ||
|
GROUP XII.
|
SOILS DEVELOPED IN SANDS AND SILTS THAT ARE
INFLUENCED BY STEEP SLOPES, MODERATELY STEEP TO STEEP.
| ||
|---|---|---|---|
|
A.
|
Characteristics. The soils in this group are
all soils that occur on slopes ranging from 15% through 25%. Slope
percentages in some units are combined. The range of these soils is
15% through 35%. These soils are rated rapid for surface runoff. Soils
included in this group are 1D, 9D, 13D, 20D, 22DE, 38D, 40D, 64D,
65DE, 77D, 020DE, 070DE, 071DE, 074DE, 075DE, 076DE and 077DE.
| ||
|
B.
|
Use and requirements.
| ||
|
(1)
|
Septic systems shall not be installed on these
soils.
| ||
|
(2)
|
Buildings shall not be constructed on these
soils except in cases where 50% of the area where the buildings are
to be constructed is less than 15% slope (or 4,000 square feet).
| ||
|
(3)
|
Erodability on these soils is a very serious
hazard.
| ||
|
GROUP XIII.
|
SOILS DEVELOPED IN SANDS, SILTS AND CLAYS THAT
ARE DOMINATED BY VERY STEEP SLOPES.
| ||
|---|---|---|---|
|
A.
|
Characteristics. The soils in this group are
all soils that occur on slopes ranging from 25% through 45%. These
soils are rated very rapid for surface runoff. Soils included in this
group are 01E, 20E, 22F, 40E, 65F, 84D, 020F, 071F, 074F, 076F and
077F.
| ||
|
B.
|
Use and requirements.
| ||
|
(1)
|
Septic systems shall not be installed on these
soils.
| ||
|
(2)
|
Buildings shall not be installed on these soils.
| ||
|
(3)
|
Erosion is a problem on these steep slopes.
| ||
|
GROUP XIV.
|
SOILS DEVELOPED IN ORGANIC MATERIAL, NEARLY
LEVEL.
| ||
|---|---|---|---|
|
A.
|
Characteristics. The soils in this group occur
in depressional areas where surface organic materials are generally
five feet or greater. These areas are subject to either flooding or
ponding, and are covered with water most of the year. Soils included
in this group are 94, 96, 194, 197, 294 and 295.
| ||
|
B.
|
Use and requirements.
| ||
|
(1)
|
These soils shall not have septic systems on
them.
| ||
|
(2)
|
Buildings, other than those that are agriculturally
related, shall not be installed on these soils.
| ||
|
(3)
|
These soils are best suited for agricultural
use.
| ||
|
GROUP XV.
|
WATER BODIES AND MARSHLAND.
| ||
|---|---|---|---|
|
A.
|
Characteristics. This group consists of marshland
and water bodies within the Town of Crawford. The marshland has approximately
one to two feet of water during most of the year. All ponds and lakes
are also included in this group. The mapping unit in this group is
103.
| ||
|
B.
|
Use and requirements.
| ||
|
(1)
|
This group shall not have septic systems installed
on it.
| ||
|
(2)
|
Buildings shall not be installed on this soil
group.
| ||
A.
Sketch plan.
(1)
Sketch plans should be on a survey map or on a portion
of a United States Geological Survey (USGS) topographic quadrangle.
(2)
Sketch plans should be drawn to scale, with a scale
not smaller than one inch equals 200 feet. For properties that are
less than 10 acres, the scale should be at one inch equals 100 feet
or greater.
(3)
Sketch plans should contain the following:
(a)
A map showing subdivision boundaries.
(b)
A title, scale, the date prepared, name of preparer,
North arrow, name of property owner and subdivider and location map.
The location map shall not be to a scale smaller than one inch equals
2,000 feet.
(c)
The location of existing property lines, easements,
structures, utilities, water bodies, wetlands or other relevant natural
or man-made features, and width and location of streets, easements
or rights-of-way; along with locations of any proposed new features
or modifications to existing features.
(d)
Existing drainage features such as culverts,
ditches or swales; along with any proposed new drainage features.
(e)
Means and locations of water supply and sewage
treatment for proposed and existing lots, along with the locations
of on-site well and septic systems on adjoining lots if such are within
200 feet of the property line.
(f)
The number of lots proposed, dimensions of such
lots and appropriate acreage.
(4)
At least six copies of such plan shall be submitted
to the Board.
(5)
In general, no SEQR form (long- or short-form EAF)
need be submitted to the Board for sketch plan approval, nor does
the Board need to begin SEQR review at the sketch plan submission
stage, as sketch plan discussions do not require any Board approval.
However, it is recognized that in some cases, where there appear to
be substantial significant alternatives with regard to a plan, SEQR
shall be implemented at the sketch plan review phase. This regulation
shall not foreclose the Board's option to begin SEQR review at the
sketch plan review stage where it finds such that the information
to be provided through the SEQR process is needed in order to furnish
meaningful direction to the subdivider.
B.
Preliminary and final plans.
(1)
Preliminary and final plans shall be drawn to scale
and shall contain title, scale, North arrow, map date and date(s)
of any revisions to the map, name, license number, original seal and
signature of licensed professional surveyor or engineer who prepared
the map, name of property owner and subdivider and location map. Six
copies of such plan shall be provided to the Board.
(2)
The map sheet size shall be not greater than 34 x
44 inches. Properties less than 10 acres shall be drawn at a scale
no smaller than one inch equals 50 feet; properties greater than 10
acres shall be drawn at a scale no smaller than one inch equals 100
feet. Nothing in this regulation shall prevent a subdivider who is
subdividing a small portion from a large parcel from providing a detail
map showing the area to be subdivided, with a larger scale location
map showing the remaining parcel, if such is acceptable to the Board.
(3)
Preliminary and final plans shall contain the following:
(a)
The location and dimensions of existing and
proposed streets, public facilities or lands, easements and similar
features.
(b)
The location of existing and proposed utilities
on and adjacent to the parcel(s), including invert elevations of sanitary
sewers, invert elevations of sewer connections, waterlines, culverts,
drainage pipes or catch basins; fire hydrants, electric and telephone
facilities and streetlights; and may include stormwater drainage study
if requested by the Board.
(c)
Where required by the Board, topographic contour
lines at two- , five- or ten-foot contour intervals and reference
datum.
(d)
The location of septic percolation and deep hole tests sites, results of percolation and deep hole tests and date tests were taken, notwithstanding the provisions of Town of Crawford Code § 137-20B.
(e)
A metes and bounds description of proposed lot
lines (required for final); also the area and dimensions of each lot.
(f)
For plans which include proposed new public or private roads, all information as required in Chapter 118 of the Town of Crawford Code, entitled "Streets and Sidewalks."
(g)
The location of existing property lines, reference
monuments, easements, structures, water bodies, wetlands or other
essential natural or man-made features, along with locations of any
proposed new features or modifications to existing features.
(h)
The text of legal restrictions or any other
agreements that will apply to the proposed subdivision, such as covenants
prohibiting future subdivision, access restrictions and similar agreements
(required for final).
(i)
Means and locations of water supply and sewage
treatment for proposed and existing lots, along with the locations
of on-site well and septic systems on adjoining lots if such systems
are within 200 feet of the property line.
(j)
The names of adjoining property owners and Tax
Map parcel numbers of adjoining lots.
(4)
Offers of dedication and the language of any maintenance
agreement shall be submitted to the Town Board prior to final approval.
(5)
Lots and blocks, if any within a subdivision shall
be numbered or lettered in a clear and unambiguous fashion.
(6)
SEQR Environmental Assessment Form (EAF). If the subdivision
constitutes a Type I Action under SEQR, the long-form EAF is required;
if not, the subdivider may submit the short-form EAF. The Board may
request the subdivider to submit a long-form EAF and specific additional
information to supplement an EAF, regardless of the action type.
[Added 5-9-2002 by L.L. No. 3-2002]
A.
Authority. Pursuant to the authority granted by § 278 of the Town Law, for the purpose of enabling and encouraging the flexibility of design, the development of land in such a manner as to promote the most appropriate use of land, and to further the goals of the Town of Crawford Comprehensive Plan Update including preserving the scenic and open quality of the Town's rural landscape and protecting historical and agricultural resources, the Planning Board is authorized simultaneously with subdivision plat approval to approve a cluster development in the RA, R and RM Zoning Districts, modifying the applicable provisions of Chapter 137 of the Town Code, subject to the following conditions:
(1)
This procedure may be followed at the discretion
of the Planning Board if, in the Board's judgment, its application
would benefit the Town. In addition, an applicant may request Planning
Board approval for a cluster development subject to the same criteria
as set forth in this section.
(2)
A cluster development shall in no case result
in a permitted number of building lots or dwelling units which exceeds
the number that could be permitted, in the Planning Board's judgment,
if the land were subdivided into lots conforming to the minimum lot
size and all other applicable requirements pertaining to the district
or districts in which the land is situated. Where the plat falls within
two more contiguous districts, the Planning Board may approve a cluster
development representing the cumulative density as derived from the
summing of all units allowed in such districts pursuant to all other
applicable requirements, and may authorize actual construction to
take place in all or any portion of such districts. The phase "all
other applicable requirements" means all applicable local zoning and
land use laws and regulations, and all applicable county, state and
federal laws, regulations and requirements.
(3)
As a condition of plat approval, the Planning
Board may establish conditions on the ownership, use, and maintenance
of such open lands shown on the plat as it deems necessary to assure
the natural, scenic, agricultural, open space or other characteristics
of such open lands. No such final plat shall be approved by the Planning
Board until such conditions are approved by the Town Board.
(4)
The plat showing such cluster development shall
include areas within which structures may be located, the height and
spacing of buildings, open spaces and their landscaping, open or enclosed
off-street parking spaces, streets, driveways, and any other features
that may reasonably be required by the Planning Board. At the discretion
of the Planning Board, residential dwelling units may be detached,
semidetached or attached.
B.
Procedure and regulations for cluster development.
(1)
Planning Board initiative. The Planning Board
may on its own motion require a subdivider to seek Town Board authorization
for a cluster development subject to the criteria in this section
if, in the Planning Board's judgment, cluster development of a requested
subdivision would benefit the public interest or protect characteristics
of the subdivision site consistent with goals and objectives of the
Town of Crawford Comprehensive Plan Update.
(2)
Subdivider initiative. If a cluster plan is
proposed by the subdivider, the following procedure shall apply:
(a)
The subdivider shall make a written request
identifying the number and type of housing units proposed in the cluster
plan and noting the requested modifications to the applicable dimensional
requirements, and the supporting rationale for a cluster development.
(b)
The Planning Board shall conduct an initial
review and discussion with the applicant to determine whether the
requested use of clustering appears appropriate and desirable for
the site. The Planning Board may request other information it may
need, including a proposed clustering plan, in order to make its recommendation
to the Town Board concerning authorization to approve a clustered
subdivision plan.
(c)
If the Planning Board determines that clustering
may be appropriate, it shall direct the subdivider to prepare a yield
plan to determine the number of residential lots and/or dwellings
units, as applicable, which can be obtained by subdividing the property.
A yield plan shall be prepared in accordance with zoning requirements
and conventional lot layouts. Each residential lot, its building envelope
and the entire subdivision layout must comply with all applicable
laws and regulations affecting the use of land, including Town, county,
state and federal laws and regulations, and all applicable road requirements,
including cul-de-sac length limit. The yield plan shall comply with
the requirements for a preliminary plan submission, although the Planning
Board may waive specific requirements if it deems that such items
are not necessary for consideration of the site and for determination
of allowable density thereon. The Planning Board shall render a determination
of the permissible number of dwelling units, in its judgment, based
on an acceptable yield plan.
(d)
The Planning Board shall report its recommendation
to the Town Board, which report shall address the appropriateness
and desirability of the site for clustering, the benefits to be achieved
by clustering, conditions necessary to help achieve those benefits,
whether and how the plan promotes the objectives of the Comprehensive
Plan Update, the number and type of housing units that would be developed
on the property, and any applicable Town Board waivers that would
be required to accomplish the clustered development plan. With a favorable
recommendation, the Planning Board shall also request Town Board authority
to approve the clustered development plan and shall simultaneously
request approval of any other Town Board waivers that may be required
to accomplish the clustered development plan.
(e)
After receipt and review of the Planning Board
recommendation, the Town Board shall determine whether it will authorize
the cluster. If the Town Board authorizes clustered development, it
shall set forth the maximum number and type of dwellings authorized
and such other conditions as it deems appropriate. Such conditions
may include, but not be limited to, limitations regarding the ownership
and/or use of the open space land resulting from the clustered development,
so that the land shall not become a possible burden or nuisance.
(f)
After the number of residential dwellings or units in a yield plan has been authorized, the proposed building lots and the open space areas shall be identified and shown on the plan. The plan shall show the location and dimensions of building envelopes for the clustered residential lots and shall show structural and nonstructural uses, including any open space easements. All applicable setback requirements for houses and accessory uses and structures shall be shown. Locations of wells and septic systems, if applicable, shall be shown along with driveway and other accessway locations. Open space areas shall be identified as either primary conservation areas or secondary conservation areas, as required in Subsection B(4) below.
(g)
Such clustered development authorization by
the Town Board shall expire and become null and void unless a clustered
subdivision plan complying with the terms and conditions of the Town
Board's authorization is granted preliminary subdivision approval
within two years of the date of the Town Board authorization, and
is granted final approval and filed in the Orange County Clerk's office
within three years of the date of the Town Board authorization. However,
upon request of either the subdivider or Planning Board, the Town
Board may extend its authorization for up to three periods of one
year each at its sole discretion.
(3)
Active farm waiver. At the request of the owner/operator of an active farm, the Town Board and Planning Board may approve a cluster subdivision of a portion of the farm without requiring submission and review of a yield plan and without requiring separate recordable documents to enforce open space preservation as otherwise required in Subsection B(4)(d). All other procedures and requirements of this section shall apply, including the requirement that any cluster subdivision comply with and promote the goals and objectives of the Town's Comprehensive Plan Update. After two lots or sites have been approved on an active farm pursuant to this provision, then the Town Board may require submission of a yield plan and open space enforcement documents prior to approval of a third lot or site. All dwelling units authorized and building lots and sites created pursuant to this provision shall be counted in determining the total number of lots, sites and dwelling units that may be approved on the property.
(4)
Open space areas. A clustered subdivision shall
include substantial open space areas that are permanently protected
against structural use by the imposition of easements or covenants
and restrictions. When approved by the Planning Board pursuant to
a clustered development plan and, if applicable, approved by all other
agencies with jurisdiction, a portion of the required open space may
be used for septic disposal systems, required stormwater management/erosion
control facilities, and/or water supply wells. Open space areas shall
be shown and identified as primary conservation areas and secondary
conservation areas.
(a)
Conservation areas.
[1]
Primary conservation areas are areas that are
prohibited by existing law or other regulation from residential or
other structural development, e.g., water bodies, streams and floodways,
wetlands; and areas that constitute significant barriers to development,
such as, but not limited to, a slope of 30% or more.
[2]
Secondary conservation areas are areas that
are not included as primary conservation areas but are deemed worthy
of protection by the Town Board or Planning Board. Such areas may
include, but are not limited to, public views of the parcel are part
of the Town's rural streetscape, historic and cultural resources including
locally important houses, barns and other structures, individual trees
or stands of trees, agricultural fields or other agricultural lands,
or plant or animal habitat areas as determined by local review or
other relevant sources. Secondary conservation areas may also include
buffer areas of 50 to 100 feet separating development from water bodies,
waterways and wetlands unless such areas are otherwise required to
be located in the primary conservation area.
(b)
The permissible number of lots determined by
the Planning Board from the acceptable yield plan shall be designed
to preserve and protect the mapped primary and secondary conservation
areas to the maximum extent feasible. House locations shall be identified
first, then access road locations, with lot line delineations as the
last step.
(c)
Open space areas shall be designed be to visually
accessible, and if appropriate, physically accessible to as many lots
within the subdivision as practicable, as well as visually accessible
to the general public. Open space areas in adjoining subdivisions
shall, if possible, be interconnected in order to maximize the integrity
of the open space. Provision of limited pedestrian access to open
space areas by owners of lots within the subdivision may be permitted
unless such access is not compatible with the open space objective(s).
(d)
Open space ownership and maintenance.
[1]
As an integral part of the clustered development
plan, the ownership of any resulting open space area must be determined
relative to its intended function and the lot layout. Provisions shall
be made to ensure the proper management, maintenance and care of the
open space area. Its relationship to the lots, its purpose and habitat
or other function within the subdivision shall be considered in this
regard, including but not limited to periodic maintenance of septic
systems and stormwater/erosion control facilities located in an open
space areas. If the Board determines that it is visually or culturally
important for land to be preserved in field or meadow vegetation,
then some minimum level of maintenance needed to preserve the ground
cover shall be provided. The open space easement area shall be planned
with the objective of minimizing maintenance requirements using suitable
native landscape elements. The owner(s) of the open space area(s)
shall be responsible for all expenses of maintenance and care.
[2]
All lands designed and delineated for open space
or other purposes of this section that are not accepted for dedication
in fee by the Town shall be owned in fee by individual lot owners,
a duly established homeowners' association or such other ownership
approved by the Town Board. If a homeowners' association is formed,
it shall be mandatory that all lot owners be members of the association.
Adequate provision shall be made to ensure that such open space or
other areas remain dedicated to its approved use, cannot be further
subdivided, is adequately maintained and cannot be abandoned for tax
or other reasons by the owner(s). The Town Board shall review and
approve the association bylaws and/or restrictive covenants in order
to ensure that they are adequate with regard to use and maintenance
of the open space, and enforcement of all such requirements and provisions.
The Town Board may also require the subdivider/owner(s) to petition
for establishment of a special improvement district to assure continued
compliance with use and maintenance requirements and provisions.
[3]
Such open space areas shall not be improved
or used except as shown on the approved subdivision plan.
[4]
The approved plan shall be filed in the Orange
County Clerk's office and shall contain reference to recorded declarations
setting forth all covenants and restrictions limiting the use of the
property and providing for continuing and proper maintenance of the
property, as well as any limitations or requirements imposed on the
property as conditions of authorization and approval of the clustered
development plan.
(5)
Criteria. The Planning Board shall evaluate
the proposed cluster subdivision layout according to the extent that
the subdivision:
(a)
Recognizes existing scenic views and vistas
and preserves the existing visual character of the site area. This
includes protecting the visual character and appearance of the site
as viewed from existing public roads, thereby protecting the Town's
open rural streetscape. New construction shall be sited to avoid visual
prominence, where possible. Where new construction will be unavoidably
prominent in visually or culturally sensitive areas, such structures
shall be designed and detailed in a manner that is consistent with
the appropriate architectural design vernacular. Where possible, existing
field hedgerows and stone walls shall be preserved.
(b)
Preserves active farm fields and open fields
wherever possible, particularly when associated with actual or potential
agricultural use or culturally or historically significant houses
and agricultural structures such as barns. Farm fields shall be preserved
for continued use where possible and appropriate.
(c)
Provides contiguous open space and/or avoids
habitat fragmentation. Open space resulting from the subdivision shall
avoid fragmenting habitat to the greatest extent possible, in keeping
with the resources identified for protection. Open space areas in
contiguous subdivisions shall connect where possible in order to maintain
wildlife habitat and corridors. Consideration shall be given to simple
methods of maintaining land cover types where deemed beneficial by
the Planning Board for visual, aesthetic, or habitat purposes. Maintenance
measures shall be identified and implemented.
(d)
Minimizes intrusion into wetlands, floodways
and floodplains, water bodies and steep slope areas of thirty-percent
slope or more. Any intrusion to obtain roadway access to the site
for building purposes shall be the minimum necessary. Any pedestrian
access that is provided to primary and secondary conservation areas
shall also be designed to minimize impacts on these resources.
(e)
If appropriate and if desired, provides for
pedestrian access to and/or within preserved open space areas for
property owners within the subdivision. Such access, if provided,
does not imply a right of access to the general public unless explicitly
so provided.
(f)
If appropriate and as may be required by the
Town, provides for pedestrian needs along the subdivision access road(s)
and street tree plantings located outside of the road right-of-way.
[Amended 5-9-2002 by L.L. No. 4-2002]
The Town Board may designate an open development
area (ODA) subdivision where it determines that the approval of such
ODA will result in a public benefit. Examples of public benefits that
a particular ODA may provide include, but are not limited to, protecting
not only cultural landmarks and resources but also their surrounding
visual context, protecting agricultural lands and resources, and protecting
the rural appearance of the Town of Crawford, including the preservation
of natural assets such as streams and watercourses, aquifer recharge
areas, ponds, fields, trees, and critical habitat areas. In evaluating
the public benefit resulting from a requested ODA, the Town Board
shall also consider the proposed length of the ODA accessway, which
shall not be of such unreasonable length as to pose a potential threat
to health and safety as relates to emergency services access to the
property.
A.
If property is designated by the Town Board as an
open development area subdivision, or ODA, access to lots therein
shall be provided by a private drive located within an easement or
by private road, as set forth below:
(1)
A single, discrete ODA lot shall be served by its
own individual driveway which shall be located within an easement
established for that purpose. In no case shall the driveway be of
such dimension and design that emergency vehicles cannot obtain access
to the lot, and the Planning Board shall approve said driveway for
adequacy of access as to slope, drainage, width, alignment, and any
other relevant factors. In addition to providing for an access drive,
said easement shall also provide for the extension of utility services,
including but not limited to electric, telephone, cable, and central
water and sewer services as applicable, unless other easements are
provided and incorporated in the subdivision.
(2)
Where an ODA subdivision has more than one lot having no public road frontage or access on a public road, said ODA lots shall be served by a private road meeting specifications set forth in Subsection E of this section. For purposes of this requirement, any lot that has frontage on a public road but does not use or is restricted in any manner from using such frontage for direct driveway access and instead uses an easement, right-of-way or private road over other property for access shall be deemed an ODA lot. Extensions of existing accessways that currently serve two or more ODA lots shall also meet the private road specifications set forth in Subsection E. Private roads shall include provision for the extension of utility services, including but not limited to electric, telephone, cable, and central water and sewer services as applicable, unless other easements are provided and incorporated in the subdivision.
(3)
The Town Board shall have the power to waive any of the private road requirements set forth in Subsection E of this section if it deems that such waiver is advisable in order to advance the goals of the Town of Crawford Comprehensive Plan. In granting such waiver, the Town Board shall first determine that such waiver will not render the ODA lots inaccessible to emergency services, and the Town Board may establish such conditions that it deems necessary in order to ensure sufficient access to the ODA lots.
B.
In computing lot sizes or yard setbacks for purposes of determining compliance of an ODA lot with Chapter 137, Zoning, requirements, no portion of a private access right-of-way or easement shall be considered to be part of a lot.
C.
The Planning Board shall consider whether lots or
parcels proposed for ODA subdivisions may be further subdivided. Where
further subdivision of an ODA lot or parcel is possible, a minimum
fifty-foot-wide access right-of-way must be provided.
D.
For new ODA subdivisions or expansion or further subdivision
of existing ODA subdivisions, the final plan must bear a note listing
the ODA lot(s) and stating that such lot(s) do not have frontage or
access on a public road, and further stating that the access drive
and easement or private road shall not be maintained by the Town of
Crawford as a public street, and cannot be accepted by the Town of
Crawford as a public street without being improved by its owners to
the current Town of Crawford public street specifications. The same
note must also be filed with the Orange County Clerk as a covenant
in accordance with this chapter.
E.
Private road specifications. Private roads and extensions of existing
private roads, including but not limited to private roads within an
ODA subdivision, shall meet the following specifications:
[Amended 9-20-2018 by L.L. No.
5-2018]
(1)
Regardless of the width of the private road right-of-way, the private
road shall be a minimum of 20 feet in width, and shall have, in addition,
three-foot-wide compacted shoulders on each side of the road. Adequate
drainage swales shall be provided adjacent to each shoulder (adequacy
to be determined by the Town's professional engineer).
(2)
The private road will have the subbase prepared and
compacted to maximum density. Where filling is required under the
private road and/or its shoulders, fill shall be run-of-bank or other
material that is determined by the Town Engineer not to be susceptible
to frost action.
(3)
The private road will have a base course consisting
of a minimum of eight inches of crushed shale or graded gravel base,
with a two-inch course of tailings or fine dust-free material placed
on top of the base course, both courses being compacted to maximum
density. A final surface treatment finish of double application oil
emulsion and stone shall be applied to result in a dust-free surface.
Each oil application shall be 0.5 gallons per square yard. Stone chip
shall be 3/8 inch.
(4)
No portion of any private road shall exceed 12% in
grade.
(5)
All side slopes adjacent to or part of a private road
shall not exceed 2:1. A two-to-one slope is defined as a drop of one
unit of distance vertically for every two units of distance horizontally.
(6)
A private road ending in a cul-de-sac shall be provided
with a turnaround constructed to the specifications listed in this
subsection. If a circular turnaround is provided, the finished surface
shall have not less than a fifty-foot radius, with a right-of-way
having a radius of 100 feet. Alternate turnaround layouts such as
a T-shaped or "hammerhead" turnaround may be provided, with Planning
Board approval. If a T-turnaround is provided, not less than 80 feet
of finished surface shall be provided within the top of the "T."
(7)
If an existing or proposed watercourse or drainageway
runs beneath the private road location, an appropriate culvert shall
be installed underneath the private road in order to permit the passage
of water. The size and type of said culvert shall satisfy the requirements
of the Town Engineer.
(8)
All private roads shall be required to have a street
name, which shall not duplicate the name of an existing or approved
street. Said name shall not be so similar to the name of any existing
street as to be easily confused with it. The private road name shall
be clearly posted on a reflective sign which is visible at night.
A reflective private road sign topper shall also be provided. The
design and manner of posting shall conform to the posting requirements
for Town roads.
F.
All lots on a private road shall have a maintenance
agreement acceptable to the Town Attorney, prior to the approval of
such lots. Such agreement will be noted on the map and filed with
the County Clerk.
G.
The private road shall be constructed to the specifications in Subsection E of this section and certified by a licensed engineer as to its compliance with said specifications prior to the issuance of any certificate of occupancy by the Building Inspector. Said certification shall be filed with the County Clerk. However, nothing in this subsection shall prevent the Building Inspector from issuing a certificate of occupancy for a structure on a private road if a performance bond is posted with the Town. Said performance bond shall be approved, consistent with the conditions set forth in § 64-6 of the Town of Crawford Code:
(1)
By the Planning Board for the amount;
(2)
By the Town Attorney for the form, sufficiency and
execution of the bond;
(3)
By the Town Board for the bond security or surety;
and
(4)
By the Town Engineer to certify that the amount of
the bond is sufficient for the municipality to construct all required
improvements.
H.
All other requirements applicable to sketch, preliminary
and final plans as listed in these regulations shall also apply to
open development area subdivisions.
I.
The maximum number of lots that may be served by a
private road is four.
A.
Where the Planning Board finds that compliance with
these regulations would cause unusual hardship or extraordinary difficulties
due to exceptional conditions of topography, access, location, shape
or other physical features of the site, or where the Planning Board
finds that compliance with these regulations would result in a subdivision
that is not in harmony with the goals of the Comprehensive Plan Update,
the minimum requirements of these regulations may be waived or modified
in order to mitigate the hardship or difficulties, provided that the
public health, safety and welfare is protected, the subdivision maintains
conformance with the general intent and spirit of these regulations
and the Planning Board specifies the reason(s) for such waiver or
modification.
[Amended 5-9-2002 by L.L. No. 4-2002]
B.
No such modifications may be granted if it would have the effect of nullifying the intent and purpose of Chapter 137, Zoning, the Master Plan or these regulations. No modifications may be granted where they are specifically prohibited in these regulations or other provisions of Town of Crawford Code.
C.
The Board may, in granting waivers or modifications
to these regulations, incorporate such reasonable conditions as will,
in its judgment, substantially secure the objectives of the requirements
so waived.
D.
No waiver or modification may be deemed approved or
granted by implication. All waivers and modifications must be expressly
set forth in the minutes of the Board.
Whenever the requirements of these regulations
are at variance with any other lawfully adopted rules, regulations
or ordinances, the most restrictive or that imposing the highest standards
shall govern.
It is prohibited to subdivide land within the
Town of Crawford except as approved by the Town of Crawford Planning
Board in accordance with these regulations.
[Added 5-8-1997 by L.L. No. 4-1997[1]]
In the event that an application for subdivision
shall remain inactive for a period of 12 months, the same shall be
deemed abandoned. Nothing herein shall preclude an applicant from
reapplying to the Planning Board.
[1]
Editor's Note: This local law also provided
that it shall supersede any inconsistent provision of the Town Law.
[Added 3-11-1999 by L.L. No. 1-1999]
A.
It is prohibited to relocate residential site components
from the location shown on the approved and filed plat, except as
provided herein. Residential site components shall include, without
limitation, dwellings or houses, accessory buildings, driveways and
parking areas, wastewater disposal systems, drainage facilities and
wells.
B.
The owner/builder of each lot shall be allowed to
relocate the dwelling or house shown on the approved final plat without
further Planning Board approval, provided that the following requirements
are met. If all these requirements cannot be met, the matter must
be referred back to the Planning Board for further review.
(1)
The relocated dwelling must remain on 20% of the area
of the originally approved dwelling location, and the relocated house
must still be within the required setbacks.
(2)
The well shall not be relocated and the sewage disposal
system shall not be relocated off the area where approved percolation
tests were recorded. If the project was approved by the Orange County
Department of Health, relocation of wells and sewage disposal systems
are subject to all of the terms and conditions of such approval, including
the prohibition of any such relocations, if so stated.
(3)
The driveway shall not exceed the maximum grade allowance
of 12%.
(4)
The sewage from the dwelling will discharge by gravity
to the sewage disposal field unless a lift or pump station has already
been approved for the lot.
(5)
Drainage patterns on the lot may not be changed from
what is approved so as to adversely impact adjacent properties.
(6)
Driveway curb cut or lot access may not be relocated.
(7)
The house location shall not be shifted onto an environmentally
sensitive site feature such as a federal or state wetland or buffer
as identified on the approved plan.
(8)
The house shall not be shifted in a location which is otherwise in contravention of a requirement of the subdivision regulations, Chapter 137, Zoning, as may be amended, or of the findings or determination under the State Environmental Quality Review (SEQR) for the subdivision of which the house lot is a part.
C.
The subdivider shall place a note on any plat submitted
for approval outlining and setting forth the aforementioned requirements
and any other notes pertaining to this subject as the Planning Board
may be authorized to require. The failure to place such a note on
the map shall not relieve any person of the requirement to comply
with these regulations.
D.
The subdivider, simultaneously with the filing of
a plat, shall record a restrictive covenant noting the requirements
set forth on the approved plat. The failure of an owner to file such
a restrictive covenant shall not relieve any person of the obligation
to comply with said notes.
