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.
B.
Conformity to Official Map and Town Development Plan.
Subdivisions shall conform to the Official Map of the town and Ulster
County and shall be in harmony with the Town Development Plan, if
such exist.
C.
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 topsoil, sand or gravel
shall be removed from any lots shown on any subdivision plat except
for the purpose of improving such lots and for the laying out of streets
shown thereon. Topsoil so removed shall be restored to a depth of
six inches and properly seeded and fertilized on areas of such lots
not occupied by buildings or structures. No excess topsoil so removed
shall be disposed of outside of the boundaries of the town except
upon the approval of the Town Board.
D.
Preservation of existing features. Existing features
which would enhance the attractiveness of the site or the community
as a whole, such as trees, watercourses, ponds, historic places and
similar irreplaceable assets, shall be preserved insofar as possible
through harmonious design of the subdivision.
E.
Specifications for required improvements. All streets
and other required improvements shall be constructed or installed
to conform to the town specifications.
A.
General. 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. All streets shall be properly related
to the Town Development Plan and in conformance in location and design
to the Official Map, if such exist.
B.
Relation to topography. Streets shall be logically
related and conform insofar as possible to the original topography.
They shall be arranged so as to obtain as many building sites as possible
at or above the grade of the street. A combination of steep grades
and sharp curves shall be avoided.
C.
Continuation of streets into adjacent property. Streets
shall be arranged to provide for the continuation of principal streets
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 Development Plan, as it may be adopted.
Reserve strips controlling access to streets shall be prohibited except
where their control is placed with the town under conditions approved
by the Planning Board. If adjacent property is undeveloped and the
street must temporarily be a dead-end street, the right-of-way and
improvements shall be extended to the property line. A temporary circular
turnaround with pavement radius of at least 50 feet shall be provided
on all temporary dead-end streets, with the notation on the plat that
land outside the normal street right-of-way shall revert to abutting
properties.
D.
Treatment of major streets.
(1)
In residential areas. Where a subdivision abuts or
contains an existing or proposed major street, the Planning Board
may require marginal access streets, reverse frontage with screen
planting 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 business areas. In areas zoned or designed for
commercial use or where a change of zoning is contemplated for commercial
use, the Planning Board may require that the street width be increased
or that a service road be constructed 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 area.
E.
Dead-end streets. Permanent dead-end streets shall
normally not exceed 1,200 feet in length in order to provide for convenience
of traffic movement and facilitate more effective police and fire
protection. A depth suitable for an adequate building lot may be required
to be retained between the terminus of the road and adjoining property.
The Planning Board may require the reservation of a twenty-foot-wide
easement through this property to facilitate pedestrian traffic or
utilities. No permanent dead-end streets may be constructed having
more than 20 building lots. A circular turnaround with a minimum right-of-way
radius of 60 feet and a pavement radius of 50 feet shall be provided
at the end of permanent dead-end streets.
F.
Street names. All streets shall be named and such
names shall be subject to the approval of the Planning Board. Names
shall be sufficiently different in sound and spelling from other street
names in the town to avoid confusion. A street which is a continuation
of an existing street shall bear the same name. As general policy,
the use of personal names for new roads is discouraged. Historical
names are preferred or names appropriate to the particular development
or general neighborhood.
G.
Intersections.
(1)
Design. Intersections of major streets by other streets
shall be at least 800 feet apart. Cross (four-cornered) street intersections
shall be avoided, except at important traffic intersections. A distance
of at least 150 feet shall be maintained between offset intersections.
Within 40 feet of an intersection, streets shall be approximately
at right angles and grades shall be limited to 1 1/2%. All street
intersection corners shall be rounded by curves of at least 25 feet
in radius at the property line.
(2)
Visibility at intersections. Within the triangular area formed at corners by the intersecting street pavement lines, for a distance of 75 feet from their intersection, and a diagonal connecting the end points of these lines, visibility for traffic safety shall be provided by excavating, if necessary. Nothing in the way of fences, walls, hedges or other landscaping shall be permitted to obstruct such visibility. An easement for the enforcement of this provision shall be granted to the owner of the street and notation to this effect made on the subdivision plat [see § 105-24D(19)(c)].
H.
Provision for future resubdivision. Where a tract
is subdivided into larger parcels than ordinary building lots, such
parcels shall be arranged to allow the provision of future streets
and logical further subdivision.
I.
Design standards for streets. Design standards will
vary considerably from one community to another because of differences
in topography, density of development and desired character. For example,
in rural areas parking for guests will normally be provided on each
individual property and therefore a pavement width of 20 feet should
suffice. In more densely populated areas, guest parking is generally
in the street and therefore the pavement should be wider. If paths
were to be developed for walking or bicycling, the pavement might
be narrower than if pedestrian movement were not separated. Therefore,
there is no model which can be adapted to all circumstances. These
details should be decided upon by the Town Board, Planning Board and
the Town Highway Superintendent. Factors to be considered are:
(1)
Different standards for different types of streets,
e.g., major, collector, minor streets.
(2)
Minimum width of right-of-way: no less than 50 feet;
60 feet or more for collector or major roads.
(3)
Minimum width of pavement: generally nine-to-ten-foot
lanes for moving traffic, except for higher speed roads, and eight-foot
lanes for parking.
(4)
Minimum radius of horizontal curves. Common standards
used are 400 feet on major roads, 200 feet on collector, 100 feet
on minor streets, measured at the center line.
(5)
Minimum length of vertical curves. An example would
be 300 feet on a major street, 200 feet on a collector but not less
than 40 feet for each 1% of algebraic difference in grade, 100 feet
but not less than 20 feet for each 1% of algebraic difference in grade
for a minor street.
(6)
Minimum length of tangents between reverse curves.
An example would be 300 feet on a major street, 200 feet on a collector,
100 feet on a minor street.
(7)
Maximum grade: generally no more than 10% for minor
streets, 6% to 8% for others.
(8)
Minimum grade: generally 1% to assure proper drainage.
(9)
Minimum sight distance: depends upon intended speed
of traffic; should be no less than 150 feet for minor streets.
Block dimensions shall generally not be less
than 400 feet nor more than 1,200 feet in length. In general, block
width should not be less than twice the normal lot depth. In long
blocks, the Planning Board may require the establishment of easements
or public ways through the block to accommodate utilities or pedestrian
access.
A.
Lots to be buildable. The lot size, width, depth,
shape and arrangement shall be appropriate for the type of development
and use contemplated and 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, as it may be adopted,[1] or in providing access to buildings on such lots from
an approved street. Dimensions of corner lots shall be large enough
to allow for the erection of buildings, observing the minimum front
yard setback from both streets.
B.
Side lot lines. Side lot lines shall be at right angles
to street lines unless a variation from this rule will give, in the
opinion of the Planning Board, a better street or lot plan. Lot lines
shall coincide with municipal boundaries rather than cross them. Where
extra width has been dedicated for widening an existing street, lot
lines shall begin at such extra-width line.
C.
Access from major streets. Lots shall generally not have their vehicular access from a major street. Where driveway access from a major street may be necessary for several 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. (See § 105-18D, Treatment of major streets.)
D.
Access across a watercourse. Where a watercourse separates
the buildable area of a lot from the access street, provision shall
be made for the installation of a culvert or other structure, of a
design approved by the Town Engineer.
E.
Water bodies. If a tract being subdivided contains
a water body or portion thereof, lot lines shall be so drawn as to
distribute the ownership of the water body among the fees of the adjacent
lots. The Planning Board may approve an alternate 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 lot area required under zoning regulations,
if such exist,[2] may be satisfied by land under water.
A.
Land for recreational purposes.
(1)
General. In accordance with § 277 of the
Town Law, the Planning Board may require either the reservation of
land for park or recreational purpose or the payment of a fee to a
trust fund to be used for recreation purposes in the area of the subdivision.
(2)
Reservation of land. The Planning Board may require
the reservation of land for a park or recreational purposes to be
reserved on the plat, but in no case to be more than 10% of the gross
area of the subdivision. The location of such reservation shall be
in accordance with the Town Development Plan or Official Map, if such
exist, or otherwise where the Planning Board shall deem such reservation
to be appropriate. In general, such reservations should have an area
of at least two acres and have adequate street access.
(3)
Payment of money in lieu of land. Where the Planning
Board determines that a suitable park or parks of adequate size cannot
be properly located in any such plat or is otherwise not practical,
the Planning Board may waive the requirement of land reservation on
the condition that the subdivider deposit a cash payment with the
Town Clerk in lieu of land reservation. Such payment shall be placed
in a trust fund to be used exclusively for the purchase and development
of neighborhood sites for parks, playgrounds or other recreational
purposes. The amount of such payment shall be $25 for each lot approved
on the plat.
B.
Widening or realignment of existing streets. Where
the subdivision borders an existing street and additional land is
required for realignment or widening of such street as indicated on
the Official Map or Town Development Plan, if such exist, or where
the Planning Board deems such reservation necessary, the Planning
Board may require that such areas be indicated on the plat and marked
"Reserved for Street Realignment (or Widening) Purposes."
C.
Easements for utilities and drainage. 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
shall be provided across property outside the street lines and with
satisfactory access to the street. Such easements shall be centered
on rear or side lot lines.
D.
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 20 feet in width.
E.
Easements for maintenance of slopes. Where steep slopes
beyond the street right-of-way may require maintenance, an easement
may be required for such purpose.
F.
Responsibility for ownership of reservations. Title
to all reservations, if vested in interests other than the subdivider,
shall be clearly indicated on the plat.
G.
Improvements.
(1)
Monuments and markers. Permanent monuments shall be
placed at all block corners, angle points, points of curvature and
points of tangency in streets and intermediate points as required
by the Town Engineer. In no case shall there be less than four permanent
monuments per block. Monuments shall be set so as to prevent movement
by frost upheaval and other pressures. Markers of a material, size
and length suitable to the Town Engineer shall be placed at all points
where road lines intersect plat boundaries and at all lot corners.
(2)
Street improvements. Streets shall be graded and improved
with pavement, street signs, sidewalks, street lighting standards,
curbs, gutters, street trees, water mains, sanitary sewers, storm
drains and fire hydrants, except where waivers may be requested, and
the Planning Board may waive, subject to appropriate conditions, such
improvements as it considers are not requisite in the interest of
the public health, safety and general welfare or may result in unnecessary
hardship. If underground utilities are required by the Planning Board,
they shall be placed between the paved roadway and street right-of-way
line, where possible, to simplify location and repair of the lines.
The subdivider shall install underground service connections to the
property line of each lot before the street is paved. Such grading
and improvements shall be approved as to design and specifications
by the Town Engineer, who shall require that all pertinent town standards
and specifications shall be met.
(3)
Water and sewerage facilities. Facilities for water
and sewerage shall be provided in each new subdivision in accordance
with the requirements of the appropriate agency having jurisdiction
over the planning and installation of these in the area of the subdivision;
however, the following minimum requirements of the town shall be met:
(a)
Central water supply systems shall be designed
with adequate pressures, mains and fire hydrants to meet Association
of Fire Underwriters' specifications for a Class C protected area.
(b)
All water mains shall be at least six inches
in diameter.
(c)
Sanitary sewers shall not be used for stormwater
drainage.
(d)
Central sewerage systems shall provide a four-inch
minimum size connection to each lot.
(e)
Any subdivision contiguous to an existing water
or sewer district or contiguous to or within a planned expansion of
an existing water or sewer district shall make application to become
a part of or to be serviced by the existing district. No subdivision
shall be approved where it is intended to use individual wells and/or
septic tanks where the facilities of an existing water or sewer district
may be utilized.
(4)
Storm drainage facilities. Storm drainage facilities
shall provide a clear and protected channel fully adequate to handle
runoff from a five-year storm and designed so that heavy runoffs which
exceed the capacity of the channels can be handled with least possible
damage to improvements and structures.
(5)
Public utilities. The Board may accept assurance from
each public utility company whose facilities are proposed to be installed.
Such assurance shall be in writing, addressed to the Board, stating
that such public utility company will make the installations necessary
for the furnishing of its services within a specified time, in accordance
with the approved subdivision plat.
