[Amended 4-24-2003 by L.L. No. 8-2003]
In considering applications for the subdivision or resubdivision of land, the Planning Board shall be guided by the requirements and standards set forth hereinafter, in Chapter 138, Zoning, and in any other local laws pertaining to environmental protection or development of land. The enumerated standards are to be construed as minimum standards; they may be increased in cases where the Planning Board determines that such action is necessary for the convenience, health, safety and welfare of the Town, and they shall be waived by the Board only under circumstances set forth in Article VII of this chapter. In cases where standards or provisions in this chapter or within different chapters of the Town Code conflict, the more stringent standard shall apply.
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. (See also § 123-36B.)
A.
Land to be subdivided and resubdivided shall be designed
in reasonable conformity with existing topography in order to minimize
grading, cut and fill and to retain, insofar as possible, the natural
contours, to limit stormwater runoff and to conserve the natural vegetative
cover and soil. No tree, topsoil of excavated material shall be removed
from its natural position except where necessary and incidental to
the improvement of lots and the construction of streets and related
facilities in accordance with the approved final plat. Topsoil shall
be restored to a compacted depth of at least four inches and properly
seeded and fertilized in those disturbed areas not occupied by buildings,
structures or pavement.
B.
Existing natural features which are of ecological,
aesthetic or scenic value to residential development or to the Town
as a whole, such as wetlands, watercourses, water bodies, rock formations,
stands of trees, historic spots and similar irreplaceable assets,
shall be preserved, insofar as possible, through harmonious design
of the subdivision or resubdivision, and, where appropriate, the Planning
Board may require the inclusion of such features in permanent reservations.
A.
Street planning, design, and construction.
(1)
Planning and design of proposed streets and rights-of-way
shall conform to the following:
(a)
Proposed streets and rights-of-way shall be
planned in such a manner as to provide safe and convenient access
to proposed lots and with due consideration for accomplishing a suitable
layout and development of the land in the subdivision and in the neighborhood.
Provision of one or more loop roads within a subdivision shall be
required in all major subdivisions except where environmental constraints
preclude a loop road and a permanent dead-end street must be used.
[Amended 4-24-2003 by L.L. No. 8-2003]
(b)
Streets should in general follow the contour
of the land and should have a location and grade that preserves desirable
trees and natural features. All streets should be located 50 feet
from adjoining property lines wherever possible. All driveways should
be located 10 feet from adjoining property lines wherever possible.
[Amended 11-18-2004 by L.L. No. 15-2004]
(c)
Proposed local streets shall be planned to discourage
through traffic but also to provide a safe and convenient system for
present and perspective traffic in the immediate area surrounding
the proposed subdivision or resubdivision.
(d)
No cut or fill slope shall extend into private
property inside or outside of the proposed subdivision or resubdivision
unless appropriate slope rights are obtained for the holder of fee
title of the street In the absence of such slope rights, appropriate
retaining walls shall be constructed to prevent encroachment upon
private property.
(e)
Streets shall be arranged so as to obtain as
many as possible of the building sites at or above the grade of the
street
(f)
Steep grades and sharp curves shall be avoided.
(g)
Wherever reasonably feasible and consistent
with other appropriate design requirements, consideration shall be
given to street alignments that will encourage house siting with maximum
exposure of roof and walls to the sun (maximum solar access).
(2)
All streets shall be designed and constructed in accordance
with the Road and Drainage Specifications of the Town of Southeast
and this chapter and in accordance with the street classification
prescribed by the Planning Board. Streets shall be graded and improved
with pavement, street signs, sidewalks, streetlighting, curbs, curb
ramps, gutters, monuments, guideposts, guardrails, trees, utilities
and storm drains, except where the Planning Board may waive, subject
to appropriate conditions, such improvements as it considers are not
requisite in the interest of public health, safety and general welfare.
[Amended 4-9-2020 by L.L. No. 4-2020]
B.
Block size. Block dimensions shall be at least twice
the minimum lot depth and generally not more than eight times the
minimum lot width required by zoning. In long blocks, the Planning
Board may require the reservation through the block of a twenty-foot-wide
easement to accommodate utilities or pedestrian traffic and may further
specify, at its discretion, that a four-foot concrete footwalk be
included.
C.
Continuation of streets into adjacent property.
(1)
Streets shall be arranged to provide for continuation
between adjacent properties where such continuation is necessary for
convenient movement of traffic, effective fire protection, efficient
provision of utilities and particularly where such continuation is
in accordance with the Town's Master Plan. Alternately, if a street
continuation is not determined by the Planning Board to be warranted
by the circumstances or would result in unsafe traffic conditions
or otherwise jeopardize the public safety and welfare, the Planning
Board may require such street to be terminated short of the boundary
lines of the subdivision or resubdivision.
(2)
Where a continuation of a street beyond the boundaries
of a subdivision or resubdivision is determined to be warranted by
the Planning Board but the adjacent property is undeveloped and the
street must be a dead-end street temporarily, the Planning Board may
require that the right-of-way and all improvements be extended to
the property line. A temporary circular turnaround with a minimum
radius of 65 feet shall be provided on all temporary dead-end streets,
with the notation on the final plat that land outside the street right-of-way
shall revert to abutting owners when the street is continued.
(3)
Where a turnaround exists at the end of a street within
an adjoining development to which a proposed street is to connect,
the subdivider may be required to remove the portions of the turnaround
pavement outside the normal width of the traveled way, perform any
necessary reconstruction of the pavement edge, construct continuation
of any existing driveways to the new pavement edge and regrade, seed
and drain the disturbed areas in such a manner as to blend them in
with the surrounding landscape.
D.
Permanent dead-end streets (culs-de-sac).
(1)
Where a street does not extend to the boundary of
the proposed subdivision or resubdivision and its continuation is
not needed for access to adjoining property, it shall be separated
from such boundary by a distance of not less than 100 feet. Reserve
strips of land shall not be left between the end of a proposed street
and an adjacent piece of property; however, the Planning Board may
require the reservation of a twenty-foot-wide easement to accommodate
pedestrian traffic or utilities.
(2)
A circular turnaround with a minimum right-of-way
radius of 65 feet shall be provided at the end of a permanent dead-end
street. For greater convenience to traffic and more effective police
and fire protection, permanent dead-end streets shall be limited in
length to a maximum of 1,000 feet along the center line from the intersection
of the street center lines to the center of the circular turnaround
and shall provide sole access to not more than 10 building lots. Provision
of a "boulevard" configuration or travel lanes separated by a median
(either landscaped or hardscaped) of any width on a permanent dead-end
street shall not cause the permanent dead-end street from being considered
as two separate roadways or a loop road for purposes of extending
a permanent dead-end street beyond 1,000 feet.
[Amended 4-24-2003 by L.L. No. 8-2003]
E.
Street names. All streets shall be named, and such
names shall be subject to the approval of the Town Board. Names shall
be sufficiently different in sound and spelling from other street
names in the Town or the Village of Brewster so as not to cause confusion;
and the subdivider shall contact the Town Emergency 911 Coordinator
to verify that this requirement has been met. The subdivider shall
also contact the Town Historian to determine if historically significant
names would be appropriate.
[Amended 11-18-2004 by L.L. No. 15-2004]
F.
Existing streets.
(1)
Proposed subdivisions or resubdivisions abutting an
existing Town street shall provide for reservation of land for widening
of the right-of-way of such street to 50 feet or to a greater width,
depending upon the classification given such street by the Board and
any requirements of plans of the Town, county or state for realignment
or widening of the street. Land so reserved shall be dedicated on
the final plat for public highway purposes.
(2)
Where a proposed subdivision or resubdivision abuts
an existing Town street or where the streets of a proposed subdivision
or resubdivision intersect with an existing Town street and the Planning
Board has determined that said existing Town street has serious deficiencies
with respect to providing for safe and convenient vehicular and pedestrian
access to the proposed subdivision or resubdivision, the Planning
Board may not grant approval of the proposed subdivision or resubdivision.
Such deficiencies include but are not limited to the following:
(a)
The street is not in good repair.
(b)
The street does not have a suitable base and/or
does not have an all-weather-type pavement constructed with bituminous
materials.
(c)
The street does not have adequate drainage.
(d)
The street does not have a safe vertical or
horizontal alignment.
(e)
The street does not have an adequate width of
traveled way.
G.
Special treatment.
(1)
Lots shall not, in general, derive access exclusively
from a major or secondary thoroughfare. When a proposed subdivision
or resubdivision abuts or contains an existing or proposed major or
secondary thoroughfare, the Planning Board may require marginal access
streets, reverse frontage with screen plantings contained in a nonaccess
reservation along the rear property line or such other treatment as
may be necessary for adequate protection of residential properties
and to afford separation of through and local traffic.
(2)
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 widths 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.
(3)
The Planning Board may require that the subdivider
reserve, clear, grade, pave and other wise improve an area of such
size and location as will provide a safe and suitable place for the
use of children awaiting school buses. In general, the size of such
area shall not be less than 100 square feet, and no dimension shall
be less than eight feet. Such area shall be included within the street
right-of-way and shall be maintained by the holder of fee title to
the street. The layout and design shall be subject to Planning Board
approval.
A.
Lot layout.
(1)
Building lots shall be so arranged and shall be of such shape, size, location and character that buildings can be reasonably constructed in conformity with the requirements of Chapter 138, Zoning, of the Town of Southeast and proper access can be provided to such buildings from an approved street. Side lot lines 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. Except in cases of unusual topography or property lines, through lots bounding on two generally parallel streets will not be permitted. In general, corner lots should be larger than interior lots to provide for proper building setback from each street and to provide a desirable building site.
(2)
Where lots are more than double the minimum area required
in the zoning district in which a subdivision or resubdivision is
located, the Planning Board may require that such lots be arranged
so as to allow further subdivision and the opening of future streets
where they would be necessary to serve such potential lots. Setback
of houses shall be alternately staggered as approved by the Planning
Board.
(3)
If a subdivision contains a water body or portion
thereof, lot lines shall be drawn so as to distribute the entire ownership
of the water body among the fees of the adjacent lots, unless the
Planning Board approves an alternate plan whereby the ownership of
and responsibility for the safety of the water body is so placed that
it will not become a Town responsibility.
(4)
Where a watercourse separates the buildable area of
a lot from the street by which it has access, provision shall be made
for the installation of a bridge, culvert or other drainage facility,
of a design approved by the Planning Board based upon recommendation
of the Town Engineer, to provide satisfactory access across such watercourse
for fire, police and other emergency equipment.
(5)
In general, a lot should not be divided by a zoning
district or municipal boundary. If it is, however, necessary for a
zoning district boundary to cross a lot, such lot shall be designed
so that it can be readily developed in accordance with the standards
of the more restrictive zoning district. If it is necessary for a
municipal boundary line to cross a lot, the Planning Board may require
suitable legal agreements to assure that the two portions of the lot
will not be separated in the future and that the portion of the lot
in the adjoining municipality will not be used for any purpose that
would make it nonconforming if the entire lot were located within
the Town of Southeast.
B.
Land unsuitable for building lots.
(1)
Land subject to flooding or land deemed by the Planning
Board to be uninhabitable by reason of unsuitable soil, topography,
ledge rock, high water table or other conditions shall not be platted
for residential occupancy nor for such other use 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
endanger the health and safety of the public. Where it can be demonstrated
to the satisfaction of the Planning Board that such land can be improved
so as to render it suitable for building lots without increasing hazards
to other people or property in the area, the Board may permit such
use, provided that the necessary improvements have been made to the
satisfaction of the Board.
(2)
Where it is proposed to fill and otherwise improve land at a permissible location in a floodplain, it will be the responsibility of the subdivider to demonstrate, by engineering calculations acceptable to the Planning Board, that such filling and improvements will not adversely affect other land owners in times of high- and extremely-high-frequency flows and will not conflict with the requirements and regulations of the National Flood Insurance Act and Program, Chapter 74, Flood Damage Prevention, and such Town ordinances, laws and Town Board resolutions adopted in support of said act and program.
A.
Construction of sidewalks will be required on both
sides of all new and major and secondary thoroughfares and on the
sides of existing major and secondary thoroughfares where they will
become an extension of existing or proposed sidewalks. The Planning
Board may require sidewalks on one or both sides of local streets
in the following cases:
[Amended 4-9-2020 by L.L. No. 4-2020]
Machine-extruded bituminous concrete lip curbing
or cement concrete curbing shall be installed on both sides of all
streets, as required by the Road and Drainage Specifications of the
Town of Southeast.[1] ADA compliant curb ramps shall be provided at all intersections,
crosswalks, and driveway crossings.
A.
Existing healthy trees shall be preserved wherever feasible as required by § 123-34, and all diseased trees shall be removed and all diseased and dead limbs pruned within 150 feet of all proposed buildings. Large significant trees shall be clearly marked for preservation on the tree and forest preservation plan, construction drawings, site development plan drawings and in the field. Such trees and their root systems shall be protected in a suitable manner during construction and, if damaged, shall be repaired by an approved tree surgeon. The Planning Board may require that any tree marked for preservation and removed erroneously or damaged beyond satisfactory repair shall be replaced with the same or similar species, six inches in caliper as measured three feet above ground level. Planting of such trees shall be by a competent nurseryman.
A.
Driveway access, grade and construction shall conform to Chapter 64, Driveways, and the Town of Southeast, New York, Specifications Concerning Construction of Driveways Abutting Town Highways.
B.
All proposed driveways in subdivisions or resubdivisions
shall be paved from the edge of the street pavement back to the street
right-of-way boundary or the high point of the driveway, whichever
is the greater distance.
A.
When required by the Planning Board, street- and area
lighting facilities shall be installed on streets and in parking areas
to provide at least the following levels of illumination:
|
Designation
|
Average Horizontal Footcandles
| |
|---|---|---|
|
Major thoroughfare
|
0.9
| |
|
Secondary thoroughfare
|
0.6
| |
|
Local street
|
0.35
| |
|
Parking areas (commercial and industrial)
|
2.0
|
B.
Lighting standards and fixtures shall meet the approval
of the New York State Electric and Gas Corporation and the Planning
Board as to number, type, design, material, height and spacing.
A.
Where, in the judgment of the Planning Board, a public
water supply and/or sanitary sewer system is within reasonable distance
of a proposed subdivision or resubdivision or where such systems are
planned and will be capable of serving a proposed subdivision or resubdivision,
then the Planning Board may require installation of a public water
supply distribution system and/or a public sanitary sewer system within
the subdivision or resubdivision, which systems shall be capped and
available for future use. Where such facilities are required, provisions
shall be made in the plumbing installation of each habitable dwelling
for the convenient connection to the public water supply and sanitary
sewage systems at such time as such connection is required. The design
and installation of public water supply and sanitary sewerage systems
and facilities shall be in accordance with the standards and requirements
of the State and County Departments of Health, the State Department
of Environmental Conservation and the Town of Southeast.
B.
Where a public water supply system is to be provided,
fire hydrants shall be installed in accordance with appropriate standards
of the New York State Department of Health, the New York Fire Insurance
Rating Organization, the Division of Firesafety of the State of New
York and the Town of Southeast. Each hydrant shall be provided with
a separate isolating valve.
C.
Each dwelling unit served by a pubic water supply
system shall be provided with an approved water meter having a remote
outdoor mounted register.
D.
Where public (community) water supply facilities are
proposed to be provided to serve the proposed subdivision or resubdivision,
the facilities shall include a master water metering facility to indicate
and record the total water use in the subdivision or resubdivision.
The type and size of the master meter shall be as approved by the
Planning Board.
E.
Provisions shall be made in the layout and design
of public water supply systems to facilitate the future connections
of such systems to an area-wide municipal water supply system and
to permit rapid interconnection of adjacent or nearby public water
supply systems in the event of a water supply emergency. Compliance
with any or all of the requirements of this section shall in no way
be deemed to constitute acceptance of a public water supply system
by the Town Board of the Town of Southeast.
A.
Electric power, telephone and cable television wires
and cables shall be installed underground, except that the Planning
Board may waive this requirement at the request of the subdivider
in cases where the Board shall determine that the installation of
underground service will result in unusual difficulty or hardship.
In making such determination, the Planning Board shall take into account
the following:
B.
The Planning Board may grant a full or partial waiver
of this requirement and, in approving such waiver, may require the
installation of electric and telephone wires on poles or may require
a combination of underground and overhead services.
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 the lines, pipes, conduits and appurtenances when they require
attention. The subdivider shall install underground service connections
to the property line of each lot within the subdivision or resubdivision
for such required utilities before the street is paved.
Where topography or other conditions are 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.
Where the installation of water mains and fire
hydrants is not required, the Planning Board may require the installation
of dry hydrants where it is determined that such hydrants are desirable
and a satisfactory source of water supply can be made available. In
situations determined appropriate by the Planning Board, it may require
the construction or enlargement of a pond or other water body for
the purpose of providing such a water supply. Dry-hydrant hose connections
shall be located at suitable points along improved streets. Such dry
hydrants shall be installed and constructed in accordance with specifications
approved by the Town Engineer.
Where required by the Planning Board, the subdivider
shall install fire alarm signal devices, including necessary ducts,
cables and other connecting facilities, of a type and in a manner
and location prescribed by the appropriate fire district or other
municipal agency having jurisdiction.
A.
General provisions.
(1)
Surface water, groundwater and stormwater drainage
facilities shall be designed and constructed in accordance with the
Road and Drainage Specifications of the Town of Southeast[1] and these regulations. Drainage facilities shall be designed and installed with sufficient capacity to carry existing watercourses and to drain the proposed subdivision or resubdivision and all upgradient land when such lands are developed to their full potential under Chapter 138, Zoning, of the Town of Southeast.
(2)
In performing the drainage studies required by the
Road and Drainage Specifications of the Town of Southeast,[2] the subdivider's engineer shall include the effect of
the proposed subdivision or resubdivision on existing downstream drainage
facilities outside of the area of the proposed subdivision or resubdivision.
B.
Preservation of natural drainage features. The natural
drainage features of the site on which the proposed subdivision or
resubdivision is to be situated shall be preserved to the maximum
extent feasible, except for those alterations deemed necessary by
the Town Engineer to allow for development of the site, to ensure
that there will be no increase of surface water runoff onto or soil
erosion or sedimentation on adjacent properties or Town streets or
streets intended to be dedicated to the Town.
C.
Provisions for concentrated streams of water.
(1)
Individual lots and parcels in the proposed subdivision
or resubdivision shall be graded to prevent concentrated streams of
water from the lot or parcel from flowing across adjacent lots or
parcels or causing soil erosion or sedimentation on such adjacent
lots or parcels.
(2)
Particular attention shall be given during design
and construction of all proposed improvements to the satisfactory
collection and conveyance of all concentrated streams of water from
roof drains, area drains, yard drains, underdrains (foundation drains,
basement drains and curtain drains) and driveway drains or ditches
to designated points of discharge into the street storm drainage system
or into existing streams having adequate capacity to accept the additional
water.
(3)
No roof drain, area drain, yard drain or any underdrain
of any kind or driveway ditch or drain shall discharge upgradient
of or into a Town street or a street proposed to be dedicated to the
Town at a future date. Any such drains or ditches shall be connected
into the storm drainage system in the street, unless otherwise permitted
by the Superintendent of Highways. The location and connection of
any such drain or ditch shall be approved and inspected by the Superintendent
of Highways.
D.
Mitigation of impact of increased drainage flows and
velocities.
(1)
Where the Planning Board determines that existing
downstream drainage facilities and/or existing watercourses and water
bodies do not have the capacity for the increased volume, flow rate
or velocity of surface water, groundwater or stormwater flows that
will result from development of the proposed subdivision or resubdivision,
the Planning Board shall not approve the proposed subdivision or resubdivision
unless and until the subdivider has proposed such mitigating measures
as may be acceptable to the Board. Such mitigating measures may include
but are not limited to the following:
(2)
Where retention/detention facilities are proposed as mitigating measures under Subsection D(1) above, the following requirements shall apply.
(a)
The applicant shall submit a plan for ownership,
construction, operation and maintenance of stormwater facilities.
This plan shall provide for the inspection, operation and maintenance
of each and every component of such facilities and shall specify the
methods and procedures to be used to provide and ensure the funds
required for such inspection, operation and maintenance and who will
be responsible therefor. A four-year performance guarantee shall be
provided for the entire stormwater management system by the developer
to cover any modifications, corrections, or material failures. In
addition, the developer shall fund or otherwise guarantee an inspection
and maintenance program for a period of no less than 10 years. The
Town may require the creation of a stormwater drainage special district
to collect revenue and to fund inspection, operation and maintenance
of such facilities under the coordination of the Town Engineer and/or
Highway Superintendent.
[Amended 4-24-2003 by L.L. No. 8-2003; 12-20-2007 by L.L. No.
10-2007]
(b)
The retention/detention facilities shall be
designed in conformance with all applicable requirements of the Road
and Drainage Specifications of the Town of Southeast[3] and in accordance with sound engineering principles. Final
discharge points shall be as approved by the Planning Board.
(c)
Adequate easements and rights-of-way shall be
provided to permit access for inspection, operation and maintenance
of such retention/detention facilities.
(d)
All such retention/detention facilities shall
be accessible at all times for Town inspection.
(e)
Appropriate safety features and devices shall
be installed to protect humans and animals from such accidents as
falling or drowning.
(f)
All such retention/detention facilities shall
be laid out, designed and landscaped so as to be visually compatible
with the surrounding landscape.
E.
Drainage easements. Easements shall be provided to
the holder of fee title of streets for the following drainage facilities:
(1)
Easements, at least 30 feet in width, shall be provided
for all storm drainage facilities that are not installed within the
rights-of-way of existing or proposed streets.
(2)
Easements shall be provided for the full width of
the channel plus 20 feet from each top of bank for any stream or drainage
ditch in the proposed subdivision or resubdivision which will carry
drainage from any proposed street, existing street or streets which
may be constructed in the future on the undeveloped land within the
watershed.
(3)
Easements, at least 30 feet in width, shall be provided
for storm drainage facilities that may need to be installed in the
future to serve undeveloped land within the watershed whose waters
normally drain across the site of the proposed subdivision or resubdivision.
F.
Rights to discharge. Rights to discharge shall be
obtained by the subdivider and provided to the Town where the discharge
of proposed storm drainage facilities will be onto private property
adjoining the proposed subdivision or resubdivision. In situations
where drainage will flow across lots or parcels in the proposed subdivision
or resubdivision, the subdivider shall establish rights to discharge
on those properties, and the deeds of said lots or parcels shall be
so encumbered. All such rights to discharge shall include the right
of the Town to enter and maintain existing or proposed drainage facilities
if such facilities are proposed to be dedicated to public use.
A.
Conformance with Town plan. Where a proposed park, playground, recreation area or open space shown on the Comprehensive Plan is located in whole or in part in a proposed subdivision or resubdivision, the Planning Board shall require that such area or areas be shown on the final plat in accordance with the requirements of Subsection B below. Such area or areas may be dedicated to the Town or county or special park district by the subdivider if the Town Board approves such dedication.
B.
Park, playground and recreation areas not shown on
Town Master Plan. The Planning Board shall require that the final
subdivision plat show sites of a character, extent and location suitable
for the development of a park, playground or other recreation purpose.
The Board shall require not less than 1,000 square feet of park, playground
or recreation area for each building lot, with a minimum reservation
of one acre. However, in no case shall the required amount be more
than 10% of the total area of the subdivision or resubdivision. Where
a property line of a proposed subdivision or resubdivision abuts an
existing park, playground or recreation area, the Board may require
the new park, playground or recreation area to form a continuation
of the existing areas to provide a single, large, unified area. Such
parks, playgrounds or recreation areas shall abut or have direct access
to a public right-of-way dedicated to public use. No privately owned
reserved strips which control access to such areas will be permitted.
The right-of-way shall not be included in the required area, shall
be at least 20 feet wide and shall be leveled off in a manner suitable
for pedestrian and vehicular traffic with a maximum grade of 12%.
Such area or areas may be dedicated to the Town or county by the subdivider
if the Town Board approves such dedication.
C.
Improvements. Proposed parks, playgrounds and recreation
areas shall be graded, landscaped, fenced, drained, equipped with
playground and recreational facilities or otherwise improved as deemed
necessary by the Board to make the facility usable for the purpose
intended. Land to be used as public open space shall be left in a
condition for the purpose intended. Undesirable growth and debris
shall be removed from all such areas. Wooded and brook areas shall
be left natural. Open spaces shall be graded to properly dispose of
surface water and shall be properly seeded.
D.
Ownership. The ownership of proposed parks, playgrounds, recreation areas and open spaces shall be clearly indicated on the final subdivision plat and established in a manner satisfactory to the Planning Board so as to assure their proper future continuation and maintenance. (See also § 123-13O.)
E.
Waiver of plat designation of areas for parks, playgrounds
and recreation areas. In cases where the Planning Board finds that,
due to the size, topography or location of the proposed subdivision
or resubdivision, land for park, playground or other recreation purposes
cannot be properly located therein or if, in the opinion of the Board,
it is not desirable, the Board may waive the requirements that the
final plat show land for such purposes. The Board shall then require
as a condition to approval of the final plat a payment to the Town
equal to the amount per subdivision lot established in the Schedule
of Planning Board Fees times the total number of lots shown on the
final subdivision plat, which payment shall be used by the Town for
neighborhood park, playground or recreation purposes, including the
acquisition of property. Such amount shall be paid at the time of
final plat approval, and no final plat shall be signed by the authorized
officer of the Planning Board until such payment is made.
Bridges, box culverts, retaining walls, deep
manholes and other special structures shall be designed in accordance
with good engineering practice and shall be subject to the approval
of the Planning Board and Town Highway Superintendent.
Construction and installation of streets, drainage
and other improvements required by this chapter shall not be commenced
until the proposed final subdivision plat has received the final approval
of the Planning Board and all of the conditions of final approval
have been met with exception of the completion of improvements or
posting of a security to guarantee such completion.
