In the R and R-1 Zoning Districts only, the Town Planning Board may
permit the subdivision of property having an unpaved road or roads in the
subdivision, provided that the total development on the subdivision road or
roads is limited to 15 or fewer lots. Any such approved subdivision shall
be known as a "private road subdivision" (hereinafter referred to as a "PRS").
Before permitting a PRS, the Planning Board must make the following
findings:
A. The proposed alignment and usage of the road is suitable for a minor street and not an appropriate location for a major street as those terms are further defined in Chapter
197 of the Code of the Town of Copake.
B. The PRS complies with the procedures and standards set forth in §
180-3 hereafter.
The following are the minimum standards for construction of private
roads in a PRS:
A. All construction shall be in accordance with this chapter
and shall be under the immediate inspection, supervision, and approval of
the Town Highway Superintendent.
B. The right-of-way for a private road shall be not less
than 50 feet wide with a traveled way of not less that 18 feet with two-foot
wide shoulders on each side of the traveled way portion of the private road.
C. Whenever possible and as far a practicable, private roads
shall follow natural terrain contours.
D. The subgrade and foundation course shall be constructed in accordance with the Town Highway Specifications set forth in Chapter
149 of the Code of the Town of Copake.
E. All other provisions of Chapter
149 of the Code of the Town of Copake shall be applicable to the roads in a PRS.
F. Where the Town Highway Superintendent determines that
due to special circumstances certain required improvements which are not requisite
to the interest of the public health and safety, the Town Highway Superintendent
may waive or modify such requirements subject to such appropriate conditions
as determined by the Highway Superintendent.