Town of Lewisboro, NY Article V Design Standards

§ 195-21 General provisions.

The Planning Board, in considering an application for the subdivision of land, shall be guided by the following considerations and standards. Said standards shall be deemed to be minimum requirements for the convenience, health, safety and welfare of the Town.

A. Character of land. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace. Land subject to such hazards shall not be subdivided nor developed for residential purposes, nor for such other uses as may increase danger to health, life or property or aggravate a flood hazard, but such land may be set aside for such uses as shall not involve such danger nor produce unsatisfactory living conditions or be improved to remedy such hazardous conditions in a manner satisfactory to the Planning Board and consistent with any applicable requirements of other Town regulations and/or ordinances.

B. Frontage on improved street. The area proposed to be subdivided shall have frontage on and direct access to a street duly placed on the Official Map, and if such street is not improved to the satisfaction of the Planning Board, such improvement shall be a condition of subdivision approval.

C. Streets to conform to Town development plan and Official Map. Streets in subdivisions shall conform to the Official Map and shall be properly related to the proposals shown on the Town development plan. The plat shall include all streets shown on the said map and plan which are within the site and such other streets as the Board may require.

D. Preservation of natural cover. Land to be subdivided shall be laid out and improved in reasonable conformity to existing topography, in order to minimize grading, cut and fill and to retain, insofar as possible, the natural contours, limit stormwater runoff and conserve the natural cover and soil. No trees, topsoil or excavated material shall be removed from any subdivision except where necessary and incidental to the improvements of lots and the construction of streets and related facilities. Topsoil shall be restored to a depth of at least six inches and properly seeded and fertilized in the areas not occupied by buildings or structures.

§ 195-22 Streets.

A. Location, width and improvement. Streets shall be suitably located, of sufficient width and adequately improved to accommodate the prospective traffic and to afford satisfactory access to police, fire-fighting, snow removal or other road maintenance equipment and shall be coordinated so as to compose a convenient system. The location, arrangement or design of streets shall be such as to cause no undue hardship to adjoining properties.

B. Relation to topography. Streets shall be related appropriately to the topography, and all streets shall be arranged so as to obtain as many as possible of the building sites at or above the grades of the streets. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided.

C. Block size. Block dimensions generally shall be at least twice the minimum lot depth and not more than 12 times the minimum lot width required for the zoning district in which the subdivision is located. Where long blocks are necessary, the Planning Board may require the reservation of a twenty-foot wide easement through the block to accommodate utilities or drainage facilities or for pedestrian access purposes (see § 195-26C).

D. Intersections.

(1) Angle of intersections. Intersections of streets shall be at angles as close to 90° as possible. Toward this end, an oblique street should be curved approaching an intersection and should be approximately at right angles for a distance of at least 100 feet therefrom. Where three or more streets intersect, a turning circle or other special treatment may be required by the Planning Board. Wherever two streets intersect at an angle smaller than 75°, the right-of-way returns and the relations of gutter grades shall be given special treatment, as determined by the Board, and islands to channelize traffic may be required.

(2) Distance between intersections. Intersections of major streets by other streets shall be at least 800 feet apart, if possible. Cross (four-cornered) street intersections shall be avoided insofar as possible, except as shown on the Town development plan or at other important traffic intersections. A distance at least equal to the minimum required lot width plus 25 feet shall be maintained between center lines of offset intersecting streets.

(3) Maximum grade. Grades shall be limited to no more than 3% within 75 feet of an intersection.

E. Continuation of streets into adjacent property.

(1) The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection or efficient provision of utilities and where such continuation is in accordance with the Town development plan. In the alternative, the Planning Board may require such street to be terminated short of the boundary line of the subdivision if a continuation of the street is not warranted by the circumstances, or would result in unsafe traffic conditions or otherwise jeopardize the public safety and welfare.

(2) Where a continuation of a street beyond the boundaries of a subdivision is warranted but the adjacent property is undeveloped and the street must dead-end temporarily, the Planning Board may require the extension of the right-of-way and the construction of all required street improvements to a point 10 feet from the property line. A temporary turnaround shall be constructed at the end of such dead-end street, with easements provided on abutting lots for the portions of the turnaround right-of-way and improvements outside of the normal street right-of-way, which easements are to be abandoned upon continuation of the street.

(3) The ten-foot-long section of the right-of-way between the end of the turnaround and the subdivision property line shall be held under separate title by the holder of fee title to the improved street. Right of access from the adjoining property over such section to the improved street shall be permitted only upon the approval of the Planning Board.

(4) In those cases where a proposed subdivision lies adjacent to an existing development and where the connection of a proposed street to an existing street by means of an extension over a previously platted but undeveloped or partially developed right-of-way is needed, the Planning Board may require the construction of such street extension as a condition of plat approval.

(5) Where a turnaround exists at the end of a street within another development to which a proposed street is to connect, the Planning Board shall require the removal of the portions of the turnaround pavement outside of the normal width of the traveled way, any necessary reconstruction of the pavement edge, the connection of any existing driveways off the turnaround to the new pavement edge and the regrading and seeding of the disturbed areas in such a manner as to blend them in with the surrounding landscape.

F. Permanent dead-end streets.

(1) Where a street does not extend to the boundary of the subdivision and its continuation is not required by the Board for access to adjoining property, its terminus shall normally not be nearer to such boundary than 100 feet. The Planning Board may require the reservation of a twenty-foot-wide easement to the boundary to accommodate drainage facilities or utilities. A circular turnaround shall be provided at the end of a street.

(2) Driveways on culs-de-sac shall be located so as not to interfere with the removal of or stockpiling of snow and ice.

[Added 12-12-1978]

(3) For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets shall, in general, be limited in length to six times the minimum lot width for the zoning district in which it is located, exclusive of the turnaround. Where it is impossible to subdivide a property except by a dead-end street which is longer than permitted by these regulations, the Board may permit greater lengths, provided that a divided roadway with center mall is constructed in a seventy-foot right-of-way, or greater width if required, in such a manner that either side of the roadway could be used, in emergencies, for two-way traffic.

G. Street names.

(1) Street names shall be sufficiently different in sound and in spelling from other names in the Town so as not to cause confusion. A street which is a continuation of an existing street shall bear the same name. As a general policy, the use of personal names for new streets is discouraged. Historical names are preferred or names appropriate to the particular development or general neighborhood.

(2) In general, street names shall conform to the following classifications:

(a) "Avenue" or "Road": major or secondary street.

(b) "Drive" or "Lane": minor residential street (except as follows).

(c) "Court" or "Place": permanent dead-end street.

(d) "Circle" or "Loop": street that returns to its starting point, or a street both ends of which intersect another street at different locations.

H. Design standards for new streets. Streets shall meet the design standards given in the table included at the end of this chapter. Street classification may be indicated on the Town development plan or Official Map. Otherwise, it shall be as determined by the Planning Board. Standards are not shown for major streets, which would be built by the state or county.

I. The subdivider's attention is called to § 195-25, Erosion control standards, which is to be considered as important to the project as the design and construction of the proposed facilities.

[Added 12-12-1978]

§ 195-23 Improvements.

A. Street improvements. Streets shall be graded and improved with pavement, curbs, gutters and storm drains in conformance with Article VI of these regulations and shall be approved as to design and specifications by the Town Engineer. Sidewalks and/or walkways may be required at the discretion of the Planning Board.

B. Underground utilities.

(1) Where, in the opinion of the Planning Board, connections to existing facilities are possible and warranted, the subdivider shall install sanitary sewers and/or water mains and fire hydrants of a type and in a manner prescribed by the regulations of the appropriate sewer, water or fire district or other municipal agency having jurisdiction.

(2) In order to ensure greater safety and improved appearance, all electric, telephone and other lines and equipment for providing power and/or communication shall be installed underground in the manner prescribed by the regulations of the utility company having jurisdiction.

(3) Except in unusual circumstances, underground utility lines shall be located outside of the traveled way of a street. If located outside of the street right-of-way, the necessary easements for this purpose must be provided before subdivision approval by the Planning Board. Underground service connections shall be provided to the property line of each lot and may pass under the traveled way of a street.

C. Drainage improvements.

[Amended 12-12-1978; 12-18-2007 by L.L. No. 6-2007]

(1) The subdivider may be required by the Planning Board to carry away by pipe or open ditch any springwater or surface water that may exist either previous to, or as a result of, the subdivision. Such drainage facilities shall be located in the street rights-of-way where feasible, or in perpetual, unobstructed easements of appropriate width, and shall be constructed in accordance with the requirements set forth in Article VI of these regulations and the performance and design criteria and standards as set forth in the Lewisboro Stormwater Management and Erosion and Sediment Control Law.[1]

[1] Editor's Note: See Ch. 189, Stormwater Management and Erosion and Sediment Control.

(2) A culvert or drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. Drainage structures shall be designed for a storm event with an intensity likely to occur once in a period of 10 years to 100 years as determined appropriate by the Planning Board. The necessary size of each drainage facility shall assume conditions of maximum potential watershed development permitted by the Zoning Ordinance.[2]

[2] Editor's Note: See Ch. 220, Zoning.

(3) Pre- and post-construction stormwater management controls and improvements shall be designed and provided in accordance with the requirements set forth in Article VI of these regulations and consistent with the requirements, standards and performance and design criteria as set forth in the Lewisboro Stormwater Management and Erosion and Sediment Control Law.[3] Copies of the drainage calculations, area and soil maps shall be supplied to the Town Engineer for his review and approval.

[3] Editor's Note: See Ch. 189, Stormwater Management and Erosion and Sediment Control.

(4) The Planning Board will consider the effect of each subdivision on 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, the Planning Board shall notify the Town Board or other appropriate owners of downstream property of such potential condition. In such case, the Planning Board may withhold approval of the subdivision until provision has been made for the correction of said potential condition.

D. Other improvements.

(1) Monuments. Monuments shall be of a type approved by the Town Engineer and shall be required wherever deemed necessary by the Planning Board to enable all lines to be reproduced on the ground. In general, monuments shall be located on street lines; usually block or lot corners shall be spaced so as to be within sight of each other, the sight lines being contained wholly within the street limits, and shall not be more than 500 feet apart. Monuments shall be set three inches above the ground surface, except that they may be set flush with this surface when, as in a driveway, they would otherwise present an obstruction. The elevation of all monuments shall be shown on as-built drawings.

(2) Street signs. Standard Town street signs shall be provided by the subdivider and placed within the right-of-way at all intersections in locations approved by the Superintendent of Highways and as per requirements of the New York State Manual of Uniform Traffic Control Devices.

[Amended 12-12-1978]

(3) Street trees. The Planning Board may require the planting of new street trees in subdivisions which are lacking in trees or in which a substantial loss of trees has occurred or will occur in the process of street construction. Such trees shall preferably be of a hardwood variety, shall be of a type indigenous to the neighborhood, shall be planted in fertile or fertilized ground and shall be watered and nurtured until growth is assured. Trees shall have a minimum diameter of trunk at a point six feet above ground level of at least three inches. If a planting of such trees is required, the subdivider shall first submit a planting plan to the Planning Board for approval. In general, trees shall be planted on both sides of the street, within the street right-of-way but outside of any sidewalks, and at intervals of 60 feet on centers.

(4) Streetlighting standards. Where, in the opinion of the Planning Board, connections to existing facilities is possible and warranted, streetlighting standards of a design approved by the appropriate lighting district or other municipal agency having jurisdiction shall be placed in a manner and location approved by New York State Electric and Gas Company.

(5) Fire alarm signal devices. 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.

(6) Dry hydrants. When the installation of water mains and fire hydrants is not required, the Planning Board may require the installation of dry hydrants where it determines that such hydrants are needed and a suitable source of water supply is or can be made available. Where practicable, dry hydrant hose connections shall be located alongside an improved street or other all-weather traveled way capable of accommodating fire equipment, and shall be spaced approximately 500 feet apart, as measured along such street or traveled way. The materials and method of installation of such hydrants shall be in accordance with the specifications set forth in § 195-31E of these regulations.

(7) School bus pick-up areas. Wherever a proposed new subdivision road intersects with a major or collector street, the subdivider shall reserve, clear, grade and pave an area safe, suitable and adequate for the use of children awaiting school buses. The size of such area(s) shall generally be equal to at least 10 square feet for each lot within the proposed subdivision, but in no case less than 100 square feet nor more than 200 square feet in total area or less than 10 feet in any dimension. The layout and design of such area shall be subject to Planning Board approval. Such areas shall be included within the street right-of-way and shall be maintained by the holder of fee title to such street.

§ 195-24 Lots.

A. Lot and driveway arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the Zoning Ordinance[1] and County Health Department regulations and in providing driveway access to buildings of such lots from an approved street. The Planning Board may require the developer to furnish necessary topographic and design information to demonstrate to the satisfaction of the Board that driveways from existing or new roads to the building sites can be constructed with a grade of 3% or less within 30 feet of the edge of the street pavement and 14% or less at all other points.

[1] Editor's Note: See Ch. 220, Zoning.

B. Dimensions. Lot dimensions shall comply with the minimum standards of the Zoning Ordinance. Side lot lines shall be at right angles to street lines (or radial to curving street lines) unless a variation from this rule will give a better street or lot plan. Dimensions of corner lots shall be large enough to allow for erection of buildings observing the minimum front yard setback from both streets.

C. Parcels with land in two or more zoning districts or municipalities.

(1) Whenever the parcel of land shown on a plat lies in two or more zoning districts and/or municipalities, the location of the zoning district and/or municipal boundary lines shall be shown on the plat. In addition, where zoning boundaries are involved, a notation shall be added as to the effective date of such zoning, e.g., "Existing zoning boundaries as of _______________, 20____."

(2) Wherever possible, a lot should not be divided by a zoning boundary. If such a division is necessary in the interest of the overall layout, the boundaries of that lot shall be so laid out that it may be developed in accordance with the standards of the more restrictive zoning district.

[Amended 12-12-1978]

(3) In general, lot lines shall be laid out so as not to cross municipal boundary lines. Where this is necessary, the Planning Board shall require that the deed for any such lot specify that the portion in the other municipality may not be separated from the portion within the Town, nor occupied by any other use that would make the lot or use nonconforming if the lot were entirely within the Town.

D. Oversized lots. Where lots are more than double the minimum required area for the zoning district, 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, all in compliance with the Zoning Ordinance and these regulations.

E. Lots for existing large residences. Where a proposed subdivision is to include an existing residence larger in size than can appropriately be placed on a lot of the size permitted in the zoning district, the Planning Board may require that the lot created for such existing residence be of such size and so related to the proposed street system that the existing residence will be an appropriate part of the subdivision.

[Amended 12-12-1978]

F. Double-frontage lots. Double-frontage lots other than corner lots shall be avoided except where deemed essential by the Planning Board in order to provide separation of residential development from traffic arteries, as noted in Subsection G, or to overcome specific disadvantage of topography and orientation. An easement or reserve strip, at least 20 feet in width and across which there shall be no right of access, shall be provided along the line of lots abutting such traffic artery or other disadvantageous use, and, where required, such easement shall be planted and maintained in a manner approved by the Planning Board.

G. Access from major and secondary streets. Except in unusual cases, lots shall not derive access from a major or secondary street as classified on the Town Development Plan, or as determined by the Planning Board, but shall front on a marginal service street or on a local interior street. Where driveway access from a major or secondary street may be necessary for two adjoining lots, the Planning Board may require that such lots be served by a combined-access drive in order to limit possible traffic hazard on such street. The Planning Board may require the builder to furnish necessary topographic and design information to demonstrate, to the satisfaction of the Board, that driveways can be designed and arranged so as to eliminate the necessity of requiring vehicles to back into traffic on access streets.

H. Access across a watercourse. 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 Town Engineer, to provide satisfactory access across such watercourse for fire, police or other emergency equipment.

I. Water bodies. If a tract of land being subdivided contains a water body or portion thereof, lot lines shall be so drawn as to distribute the entire ownership of the water body among the fees of adjacent lots. The Planning Board may approve an alternative plan whereby the ownership of and responsibility for safe maintenance of the water body is so placed that it will not become a Town responsibility. No more than 25% of the minimum area of a lot required under the Zoning Ordinance may be satisfied by land which is under water.

§ 195-25 Erosion control standards.

[Added 12-12-1978; amended 12-18-2007 by L.L. No. 6-2007]

The following minimum erosion control standards shall be stated on the construction plans, as shall be the details specified in the construction standard details, in addition to any other standards or details necessary for the particular project. All erosion and sedimentation controls shall also be consistent with the standards and design criteria as set forth in the Lewisboro Stormwater Management and Erosion and Sediment Control Law.[1]

A. Road and drainage improvements.

(1) All topsoil to be stripped from the area being developed shall be stockpiled not less than 200 feet from any body of surface water and shall be immediately seeded to Manhattan rye grass.

(2) On all embankment fill slopes, topsoil shall be stripped at least five feet wider than required for the embankment toe of slope. A protective berm of topsoil shall be left in this area, running parallel to the contours for the purpose of restricting drainage runoff. The topsoil berm shall be seeded as required for stockpiles.

(3) In addition to the above, further erosion and siltation control measures, including, but not limited to, slit trench silt traps, staked hay bales, brush checkdams shall also be employed where necessary for supplementary erosion control measures.

(4) All cut slopes and embankment fills are to be immediately laid back and stabilized as follows:

(a) Graded to finished slopes.

(b) Scarified.

(c) Topsoiled with not less than four inches of suitable topsoil material.

(d) Seeded with Manhattan rye grass. Seed shall be applied at the rate of not less than five pounds per 1,000 square feet.

(e) Mulched with not less than one inch and not more than three inches of straw (two tons per acre) and anchored in a suitable manner.

(5) Temporary on-site siltation basins for the immediate control of erosion and siltation are to be provided when and where required or ordered. The length, width and depth of such basins are to be determined in the field in accordance with United States Department of Agriculture Natural Resources Conservation Service practices.

(6) All erosion control structures are to be maintained in proper functioning order and are to be replaced as necessary.

B. Streams.

(1) Filter fabric is to be Mirafi 140 as manufactured by the Celanese Corporation or approved equal.

(2) All construction activities in or around streams are to be provided with temporary erosion control structures as shown in detail, Silt Fence-Hay Bale Erosion and Sediment Control Standard Arrangement,[2] located immediately downstream from such activity. These structures are to be in place as shown prior to the start of any upstream construction activity.

[2] Editor's Note: See the details included at the end of this chapter.

(3) Construction of temporary erosion control structures are to begin with the farthest downstream (the silt fence) and thence proceeding upstream until all four structures are in place.

(4) After construction, the temporary erosion control structures are to be removed in reverse order with the most upstream structure removed first and thence proceeding downstream to the silt fence. The silt fence is to be removed only after the stream is flowing clear downstream of the fence.

(5) Construction activities are to begin with the farthest downstream work and proceed to activities farther upstream.

(6) All temporary erosion control structures are to be left in place, maintained and replaced as needed until all work upstream therefrom has been completed and all related temporary erosion control structures have been removed.

(7) All embankments to be graded and seeded immediately upon being laid back.

C. General.

(1) Construction equipment shall not unnecessarily cross live streams except by means of bridges and culverts or other approved methods.

(2) Wherever feasible, natural vegetation should be retained and protected.

(3) Only the smallest practical area of land should be exposed at any one time during development.

(4) When land is exposed during development, the exposure shall be kept to the shortest practical period of time.

(5) The permanent final vegetation and structures shall be installed as soon as practical, and as may be directed by the engineer.

[1] Editor's Note: See Ch. 189, Stormwater Management and Erosion and Sediment Control.

§ 195-26 Reservations and easements.

A. Reservations for parks and playgrounds.

(1) General standards.

(a) The Planning Board may require that land be reserved within subdivisions for a park or playground or other recreational purpose. Each reservation shall be appropriately located and be of suitable size, dimensions, topography and general character, and shall have adequate street access, for the particular purpose or purposes envisioned. The area shall be shown and marked on the plat as "Reserved for Park or Playground Purposes."

(b) When such areas are required, the Planning Board shall determine the minimum area to be reserved from the following table:

[Amended 12-12-1978; 11-26-1991 by L.L. No. 12-1991]

	Zoning District	Percentage of Land in Subdivision to be Reserved
	R-4A	5%
	R-2A	7%
	R-1A	9%
	R-1/2A	11%
	R-1/4A	13%
	Other	15%

(2) Minimum size. In general, it is desirable that land reserved for park or playground purposes have an area of at least five acres. The Board may require that such areas be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided.

(3) Character of site. Land reserved for park or playground purposes shall be of a character, configuration and location suitable for the particular use intended. A site to be used for active recreation purposes, such as a playground or a playfield, should be relatively level and dry, and have no major dimensions of less than 200 feet. The configuration of sites selected primarily for scenic or passive recreation purposes shall be as deemed adequate by the Board to encompass the scenic attributes to be preserved, together with sufficient areas for trails, lookouts, etc., where necessary and appropriate. All sites shall have one or more access points to public streets, each such point being no less than 25 feet in width.

(4) Ownership. Ownership shall be clearly indicated on all reservation for park or playground purposes and shall be clearly established in a manner satisfactory to the Town Attorney so as to ensure the continuation of responsibility for ownership and maintenance.

(5) Fee in lieu of reservation.

(a) Where the Planning Board deems that such a reservation of land within a subdivision would be inappropriate because of the character, location or size of the land which could be reserved, the Planning Board may waive such a requirement, subject to appropriate conditions. Such appropriate conditions may include the requirement that the applicant pay a fee to the Town of Lewisboro, which moneys shall be deposited in a trust fund to be used for the purchase and development of permanent park and playground sites within the Town.

(b) In those cases where a fee is required, the amount of this fee shall be as determined by the Town Board.

(6) Additional park reservations. None of the subsections above shall be construed as prohibiting a developer from reserving land for recreation purposes in addition to the requirements of this section.

B. Widening or realignment of existing streets. Where a subdivision borders an existing street which is narrower than the recommended right-of-way width specified in these regulations for such streets or where a subdivision borders an existing street planned for widening or realignment in such a way as to require the use of some land in the subdivision, the Planning Board shall require the subdivision plat to show areas dedicated for widening or realignment of such streets, which areas shall be marked "Dedicated for Highway Purposes." Land dedicated for such purposes may not be counted in satisfying yard requirements of the Zoning Ordinance.[1]

[1] Editor's Note: See Ch. 220, Zoning.

C. Utility and drainage easements.

(1) Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities within street rights-of-way, perpetual unobstructed easements at least 20 feet in width for such utilities or drainage facilities shall be provided across property outside the street lines and with satisfactory access to the street.

[Amended 12-12-1978]

(2) Drainage easements shall be carried from the street to a natural watercourse or to other drainage facilities, and shall convey to the holder of fee title of the street the perpetual right to discharge stormwater runoff from the street and from the surrounding area onto and over the affected premises by means of pipes, culverts or ditches, or a combination thereof, together with the right to enter said premises for purposes of making such installations and doing such maintenance work as the holder of such fee title may deem necessary to adequately drain the street and the surrounding area.

(3) When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured in a form satisfactory to the Town Attorney and suitable for recording in the office of the County Clerk and indicated on the plat.

(4) Under certain conditions, where it is not possible to discharge stormwater runoff from a catch basin into an existing watercourse, the Planning Board may permit such catch basin to discharge onto and across a lot in the subdivision without being restricted to a specific channel. In such cases, a drainage discharge point shall be indicated on the plat, rather than a drainage easement.

(5) All utility and drainage easements shall be shown on the plat, and notations included which are worded as indicated in Appendix A, § A-5J(1) and/or (4), as appropriate, of these regulations.[2]

[2] Editor's Note: Appendix A is included at the end of this chapter.

D. Slope easements. The final plat shall contain the following note: "All lots shown hereon are subject to temporary easements for slope grading until such time as the road is accepted into the Town Highway System."

[Amended 12-12-1978]

(1) In those cases where the necessary embankment slope for a proposed street or for the future widening of an existing or proposed street may extend beyond the normal right-of-way of such street, the normal right-of-way should, if possible, be widened to accommodate the full extent of the embankment slope. Where this is not possible, the Planning Board shall require the developer to provide slope easements for such embankments. The slope easements shall convey to the holder of the fee title to the street the right to enter the premises for the purpose of cutting and maintaining a stable earth slope.

(2) Where such easements are on land not under the subdivider's control, the easement rights shall be obtained from the owner of such land in a form satisfactory to the Town Attorney and suitable for recording in the office of the County Clerk.

E. Sight easements.

(1) A minimum sight distance of 200 feet, in either direction, measured from a point 12 feet back from the existing edge of traveled way of existing or proposed new road, to the center line of the same road, shall be provided in all cases. In addition, sight easements shall be provided across all corners at intersections, outside the street right-of-way, within the triangular area formed by the nearest edges of street pavement and a straight line between two points each 75 feet back from the theoretical intersection of the nearest edges of pavement prolonged. The easement shall provide that the holder of the fee title to the abutting streets, or other approved designee, shall have the right to enter the easement area for the purpose of clearing, regrading and maintaining a clear line of sight in either direction across such triangular area.

[Amended 12-12-1978]

(2) The clearing and regrading of the area within the sight easement by the subdivider shall be made a condition of plat approval.

(3) In those cases where the land within the sight easement area is not under the subdivider's control, the easement rights shall, if possible, be obtained from the owner of such land in a form satisfactory to the Town Attorney and suitable for recording in the office of the County Clerk.

(4) The plat shall bear the notation of the explanation of the sight easement rights given in Appendix A, § A-5J(3), of these regulations.[3]

[3] Editor's Note: Appendix A is included at the end of this chapter.

F. Easements for pedestrian access. The Planning Board may require, in order to facilitate pedestrian access from streets to schools, parks, playgrounds or other nearby streets, perpetual unobstructed easements at least 15 feet in width. Such easements shall be indicated on the plat.

§ 195-27 Self-imposed restrictions.

The owner may place restrictions on any of the land contained in the subdivision greater than those required by the Zoning Ordinance.[1] Such restrictions shall be indicated on the subdivision plat.

[1] Editor's Note: See Ch. 220, Zoning.