In considering applications for subdivision of land, the Planning Board shall adhere to and be guided by the requirements and standards hereinafter set forth. Such standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article VII herein, except that in no case shall the requirements of § 150-22 of this article be waived.
A.
Character of land. Land to be subdivided shall be of
such character that it can be used safely for building purposes or other uses
without danger to health or peril from fire, flood or other menace, while
minimizing impacts on existing natural or public resources.
B.
Conformity to Land Use Plan. Subdivisions shall be in
harmony with the Town of Hague Land Use Plan.
C.
Specifications for required improvements. All required
improvements shall be constructed or installed in accordance with town specifications,
which may be obtained from the Planning Board.
D.
Fire protection. The Planning Board may require necessary
improvements to ensure adequate protection from fire hazard. Where a public
water supply system is utilized, the Planning Board may require the installation
of fire hydrants.
A.
Relationship to natural features.
(1)
All streets and roads shall be logically related to the
existing topography, soils, vegetation and other natural features and shall
be coordinated into a logical and efficient system. All roads shall be arranged
so as to obtain a maximum number of building sites at or above the grade of
the roads.
(2)
Grades of roads shall conform as closely as possible to the original topography, except that in all cases the provisions concerning road grades in § 150-16B of this article shall be observed.
(3)
Installation of utility distribution and service lines
shall be planned at the time road layout is determined.
(4)
For these purposes, areas with steep slopes, shallow
soils, soils with a water table at or near the surface and soils that are
highly susceptible to erosion or slippage shall be avoided in so far as practical.
(5)
Road layout shall minimize stream crossings and perpendicular
to the road traversing existing slopes exceeding 25% measured perpendicular
to the road.
B.
Intersections. In general, all streets and roads shall
intersect so that for a distance of at least 100 feet each street is approximately
at right angles to the street it joins. Minor street intersections with collector
streets or arterial highways shall be separated by at least 300 feet.
C.
Special treatment along arterial highways. When a subdivision
abuts or contains an arterial highway, the Board may require marginal access
streets, reverse frontage with screen planting contained in a nonaccess reservation
along the rear property line, deep lots with rear service alleys or such other
treatment as may be necessary for adequate protection of residential properties
and to afford separation of through and local traffic.
D.
Minor streets. Minor streets shall be laid out so that
their use by through traffic will be discouraged.
E.
Dead-end streets. Dead-end or loop residential streets
will be permitted wherever the Board finds that such type of development will
not interfere with normal traffic circulation in the area. In the case of
dead-end streets, the Board may require the reservation of a twenty-foot-wide
easement to provide for continuation of pedestrian traffic and utilities to
the next street when the Board, in its discretion, feels such easement is
necessary or desirable. Where possible and desirable, subdivisions containing
20 lots or more shall have at least two street connections with existing public
streets.
F.
Continuation of projection of certain streets. The arrangement
of streets in the subdivision shall provide for the continuation of principal
streets of adjoining subdivisions, and for proper projection of principal
streets into adjoining properties which are not yet subdivided, in order to
make possible necessary fire protection, movement of traffic and the construction
or extension, presently or when later required, of needed utilities and public
services such as sewers, water and drainage facilities. Where, in the opinion
of the Planning Board, topographic or other conditions make such continuation
or projection undesirable or impracticable, this requirement may be modified.
G.
Other required streets. Where a subdivision borders on
or contains a railroad right-of-way or limited access highway right-of-way,
the Planning Board may require a street approximately parallel to and on each
side of such right-of-way at a distance suitable for the appropriate use of
the intervening land (as for park purposes in residential districts or for
commercial or industrial purposes in appropriate districts). Such distances
shall also be determined with due regard for the requirements of approach
grades and future grade separations.
H.
Resubdivision of large lots. Where a tract is subdivided into lots two or more times as large as the minimum size required in the zoning district in which a subdivision is located, the Board may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements contained in these regulations and Chapter 160, Zoning.
A.
Rights-of-way, surface widths and basic surfacing.
(1)
All subdivision roads having 25 or more lots per mile
of road or serving 25 lots or more (in each case including lots on both sides
of the road) shall have as a minimum a fifty-foot right-of-way, a twelve-inch-thick
crowned compacted gravel base, a driving width of 18 feet and four-foot-wide
shoulders. Subdivision roads having fewer than 25 lots (in each case including
lots on both sides of the road) shall have as a minimum a fifty-foot right-of-way,
a twelve-inch-thick crowned compacted gravel base, a driving width of 16 feet
and two-foot-wide shoulders.
(2)
All street right-of-way lines at intersections shall
be rounded by curves of at least 20 feet in radius, and curbs, if any, shall
be adjusted accordingly.
B.
Grades. Road grades shall conform in general to the terrain
but shall not exceed a twelve-percent average grade over any length of 150
feet, and in no case shall exceed more than 3% within 50 feet of any intersection.
C.
All-weather surfacing of certain road sections. For subdivision
roads having 25 or more lots per mile of road or serving 25 or more lots,
sections of those roads with grades exceeding 10% over any length shall be
treated with stabilizing compounds to provide a durable all-weather driving
surface.
D.
Road ditches and drainage culverts. Finished grades of
all road ditches shall be a minimum of 11/2 feet below the center of the road
surfaces. Road ditches shall be designed to have a minimum hydraulic capacity
equal to the peak runoff rate from a five-year, twenty-four-hour rainfall.
Drainage culverts shall be adequately-sized and located so as to maintain
preconstruction surface drainage patterns, provided that such patterns were
acceptable prior to construction.
E.
Dead-end streets. Dead-end streets shall have pulloffs
and turnarounds at intervals of not more than 1/4 mile in strongly rolling
to mountainous terrain and not more than 1/2 mile in flat to gently rolling
terrain. Dead-end roads should terminate in a circular turnaround having a
minimum right-of-way radius of 60 feet and pavement radius of 50 feet; at
the end of temporary dead-end roads, a temporary turnaround with a pavement
radius of 50 feet shall be provided, unless the Planning Board approves a
different arrangement.
F.
Watercourses. Where a watercourse separates a proposed
street from abutting property, provision shall be made for access to all lots
by the utilization of culverts or other structures of design approved by the
Planning Board.
G.
Clearing and grading for roads and utilities. Clearing
and grading for road and utility installations shall be limited to that which
is necessary to construct safe roads, provide needed roadside and embankment
drainage, construct stable cuts and fills and provide for utility installation.
The typical clearing and grading cross sections shown in the appendix to these
regulations[1] shall be used as a design guide for the subdivider and a review
guide for the Planning Board.
[1]
Editor's Note: See Appendix A, which is included at the end of
this chapter.
H.
Construction of roads and installation of utilities.
(1)
The construction of roads and the installation of utilities
should be planned sequentially, so that construction operations do not conflict
and so that subsequent construction operations do not interfere with or destroy
completed work. For this purpose, installation of community sewer and water
lines, if proposed, shall be done prior to the installation of underground
electric, telephone, natural gas or cable television distribution lines.
(2)
The Planning Board may allow for different construction
of roads or placement of underground utilities. The following factors shall
be considered in making a determination of alternate construction methods:
(3)
Clearing and grading for roads, water, sewer, electric,
telephone, natural gas or cable television distribution lines shall be as
shown on the final grading plans for the project.
A.
Applicability and compliance. Areas on which vegetation
has been destroyed or removed, excluding areas proposed for road surfaces
or shoulders, driveways, building sites or parking lots, shall be successfully
revegetated or otherwise stabilized with structural measures to minimize the
potential for soil erosion as soon as practicable. Revegetation measures and
efforts shall be evaluated by visual inspection, which shall include identification
and measurement of the actual condition of new healthy vegetation. Such evaluation
shall be made not sooner than 180 calendar days from the date of planting.
Evaluation and determination of compliance with this standard shall be made
within 360 calendar days from the date of planting. Failure on the part of
the Planning Board or a designee thereof to make such evaluation and determination
of compliance shall relieve the subdivider of any obligation under this section.
Corrective action shall be instituted and completed within 15 working days
upon determination of unsatisfactory compliance with this section.
B.
Staging of revegetation operations. Construction operations
requiring revegetation of an aggregate area larger than 20,000 square feet
should generally be done in stages, each stage consisting of no more than
20,000 square feet of surface area. Each stage shall receive complete treatment
for revegetation or mulching as if the stages were individual constructions.
C.
Timing of operations. Upon completion of final grading
of any area, revegetation operations shall begin within five working days
and shall be completed within 10 working days; provided, however, that, where
this is not possible or desirable because of weather conditions or other circumstances,
such revegetation operations shall be performed as soon as reasonably possible.
All street names shown on a preliminary plat or subdivision plat shall
be subject to approval by the Planning Board. In general, streets shall have
names and not numbers or letters. Proposed street names shall be substantially
different so as not to be confused in sound or spelling with present street
names, except that streets that join or are in alignment with streets of an
abutting or neighboring property shall bear the same name. Generally, no street
should change direction by more than 90° without a change in street name,
except for residential loop streets.
A.
Lots to be buildable. The lot arrangement shall be such that, in constructing a building in compliance with Chapter 160, Zoning, there will be no foreseeable difficulties for reasons of topography, access or other existing physical or biological conditions.
B.
Side lines. Side lines of lots shall be generally at
right angles to straight street lines and radial to curved street lines, unless
a different alignment will give a better street or lot plan.
C.
Corner lots. In general, corner lots should be larger
than interior lots to provide for proper building setback from each street
and provide a desirable building site.
D.
E.
Monuments. Permanent monuments meeting town specifications
as to size, type and installation shall be set at such block corners, angle
points, points of curves in streets and other points as the Planning Board
may require, and their location shall be shown on the subdivision plat.
A.
Removal of water. The Planning Board may require the
subdivider to carry away by pipe or open ditch any spring- or surface water
that may exist either previous to or as result of the subdivision. Such drainage
facilities shall be located in the street right-of-way, where feasible, or
in perpetual unobstructed easements of appropriate width.
B.
Potential development upstream. Any culvert, bridge or other drainage facility shall be large enough to accommodate the peak runoff rate from its entire upstream drainage area, whether inside or outside the subdivision, under conditions of total potential development permitted by Chapter 160, Zoning, in such contributing drainage area, of:
(1)
A ten-year, twenty-four-hour rainfall if the contributing
drainage area is one square mile or less;
(2)
A twenty-five-year, twenty-four-hour rainfall if the
contributing area is between one and four square miles; or
(3)
A one-hundred-year, twenty-four-hour rainfall if the
contributing drainage area is more than four square miles.
C.
Responsibility for downstream drainage. The subdivider
shall also furnish a study of the effect of the subdivision on the existing
downstream drainage facilities outside the area of the subdivision. Where
it is anticipated that the additional runoff incident to the development of
the subdivision will overload an existing downstream drainage facility within
the town during a ten-year storm, the Planning Board shall notify the Town
Board of such potential condition. In such case, the Planning Board shall
not approve the subdivision until provision has been made for the alleviation
of said condition.
A.
Parks and playgrounds. Major subdivision plats must show
sites of a character, extent and location suitable for a park, playground
or other open space area. Not less than 10% of the total area of the subdivision
shall be provided for such purposes. The Planning Board, in its discretion,
may require that the developer satisfactorily grade or improve any such recreation
or open space areas shown on the plat. Such area or areas may be dedicated
to the town by the subdivider if the Town Board approves such dedication.
B.
Required information. In the event that an area to be
used for recreational or open space purposes is required to be so shown, the
subdivider shall submit, prior to final approval, to the Board three prints
drawn in ink showing, at a scale of not less than 30 feet to the inch, such
area and the following features thereof:
(1)
The boundaries of said area, giving lengths and bearings
of all straight lines; and radii, lengths/central angles and tangent distances
of all curves.
(2)
Existing features such as brooks, ponds, clusters of
trees, rock outcrops and structures.
(3)
Existing and, if applicable, proposed changes in grade
and contours of the area in question and of the area immediately adjacent.
(4)
Plans for recreational facilities or equipment, if any.
C.
Waiver of plat designation of area for park and playgrounds.
(1)
In cases where the Planning Board finds that, due to
the size, topography or location of the subdivision, land for park, playground
or other recreational or open space purpose cannot be properly located therein;
or if, in the opinion of the Board, such reservation is not desirable; or
if, in the opinion of the Board, existing recreational facilities and open
space areas can adequately meet the subdivision's needs, the Board may
waive the requirement that the plat show land for such purposes. The Board
may then require as a condition to approval of the plat a payment of a fee
as set from time to time by resolution of the Town Board.[1]
(2)
Such amount shall be paid to the Town Board at the time
of final plat approval, and no plat shall be signed by the authorized officer
of the Planning Board until such payment is made. All such payments shall
be held by the Town Board in a special recreation site acquisition and improvement
fund to be used for the acquisition of land that is suitable for permanent
park, playground or other recreational or open space purposes; and is so located
that, if possible, it will serve primarily the general neighborhood in which
the land covered by the plat lies; and shall be used only for park, playground
or other recreational or open space land acquisition or improvements. Such
money may also be used for the physical improvement of existing parks or recreation
areas serving the general neighborhood in which the land shown on the plat
is situated.
D.
Preservation of natural features. The subdivider shall,
wherever possible, provide for the preservation of all natural features which
add value to residential developments and to the community, such as large
trees or unusual groves of trees, watercourses and waterfalls, beaches, historic
spots and scenic vistas. In no case shall a living tree with a diameter of
24 inches or more as measured at breast height be removed unless such tree
is within the limit of clearing for roads and utilities of a street as shown
on the typical clearing and grading cross section being employed. Removal
of such trees not lying within such limit of clearing shall be subject to
prior approval of the Planning Board.
When a proposed subdivision is a regional subdivision, the provisions
of this section shall apply, in addition to all other provisions of these
regulations. For the purpose of these regulations, if a subdivision constitutes
both a Class B regional subdivision and a Class A regional subdivision, it
shall be deemed a Class A regional subdivision in its entirety.
A.
Special review for Class B regional subdivisions. When
a proposed subdivision is a Class B regional subdivision, the Planning Board
shall not render any approvals unless the Board first determines that the
subdivision would not have an undue adverse impact upon the natural, scenic,
aesthetic, ecological, wildlife, historic, recreational or open space resources
of the town or upon the ability of the public to provide supporting facilities
and services made necessary by the subdivision, taking into account the commercial,
industrial, residential, recreational or other benefits that might be derived
from the subdivision. In making this determination, the Planning Board shall
consider the following:
B.
Special permit for Class B regional subdivisions. When the Planning Board renders final approval of a Class B regional subdivision, the Board shall issue a permit authorizing the subdivider to undertake the subdivision in accordance with any terms and conditions set forth therein. The Planning Board, in conjunction with its approval of any Class B regional subdivision, may impose such requirements and conditions as are allowable within the proper exercise of the police power, including the restriction of land against further development of principal buildings, whether by deed restriction, restrictive covenant or other similar appropriate means, to ensure that guidelines as to intensity of development as provided in Chapter 160, Zoning, shall be respected, and the imposition of reasonable conditions to ensure that the subdivision will be adequately supported by services and improvements made necessary thereby and to ensure that the subdivision will be completed in accordance with the terms of the approval and permit.
C.
Special procedures for Class B regional subdivisions. When a proposed subdivision is a Class B regional subdivision, within 10 days following receipt of a completed application under Article III, the Planning Board shall furnish the Adirondack Park Agency a copy of the application and plat, together with such further pertinent information as the Agency may deem necessary. The Planning Board shall also mail a copy of the notice of public hearing on the subdivision to the Agency at least five days before such hearing. The Agency shall be a full party in interest with standing to participate in the hearing and other proceedings pursuant to this section relative to Class B regional subdivisions.
D.
Special procedures for Class A regional subdivisions.
As soon as possible after the Planning Board has received notice that a Class
A regional subdivision has been filed with the Adirondack Park Agency, the
Planning Board or its designee shall consult with the Agency to determine
whether the subdivision meets the requirements of the town land use program.
Not later than 30 days following this notice, the Planning Board shall provide
the Agency with its determination whether the subdivision meets the requirements
of the Town Land Use Plan. The Adirondack Park Agency shall not approve a
Class A regional subdivision unless it first determines, after consultation
with the Planning Board, that the subdivision would comply with all the requirements
of the Town Land Use Plan.
E.
Criteria for review of regional subdivisions. The principal
natural and public resource criteria of a proposed subdivision to be considered
in regional subdivision review are included and made a part of these regulations
in the appendix to these subdivision regulations titled "Regional Project
Review Criteria for the Town of Hague."[1]
[1]
Editor's Note: See Appendix B, which is included at the end of
this chapter.
