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 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.
E.
Low-impact development design features shall be incorporated
into all proposed conservation subdivisions that limit the impervious
surfaces and increase the open space areas. These design features
may include concentration of dwelling units in a portion of the development
site, reduced road widths, alternative pavers such as paving blocks,
gravel, cobbles and natural stone for driveways and walkways, and
alternative turnarounds or reduced cul-de-sac lengths, and natural
landscape features on individual lots. In addition, the property's
predevelopment hydrologic regime shall be emulated through runoff
volume control, peak runoff rate control, flow frequency/duration
control, and water quality control through the implementation of best-management
practices on every newly created lot and for all impervious surfaces
created. Best-management practices (BMPs) shall be implemented in
conservation subdivisions including wet swales, bioretention facilities,
dry wells, rain barrels, rain gardens, and rock trench level spreaders.
[Added 5-8-2003 by L.L. No. 5-2003]
F.
Preservation of natural features. The planning and
design of the plat, including related streets, drainage, parks and
other improvements, shall provide for preservation of significant
natural features of the tract as follows, provided that the Planning
Board may approve plans which modify such natural features after consideration
of the alternatives to such modification and the community benefits
which may be achieved:
[Added 9-11-2003 by L.L. No. 9-2003]
(1)
By avoiding cuts or fills which may result in potential
soil erosion, excessive tree removal or disturbance of water resources.
(2)
By avoiding construction which results in relocation
of, construction in or encroachment upon watercourses and water bodies.
(3)
By avoiding filling, construction in, excavation of
or encroachment upon wetlands, wetlands buffers, floodplains and other
land subject to potential flooding.
(4)
By avoiding removal of large isolated or specimen
trees, mature woods or other desirable vegetation or the removal of
stone walls.
(5)
By providing for preservation of wetlands, watercourses
and water bodies and for the protection thereof by easements, reservation
area or other controls to prevent excavation, filling or encroachment
of same.
(6)
By avoiding rock excavation by blasting which may
cause unintended damage or injury to property or persons in the vicinity.
(7)
By avoiding construction on steep slopes.
G.
Westchester County Greenway Compact Plan. By Local
Law No. 13 of the year 2004, the Town of Somers has adopted the Compact
Plan, as amended from time to time, as a statement of policies, principles,
and guides to supplement other established land use policies in the
Town. In its discretionary actions under this Subdivision Code, the
reviewing agency should take into consideration said statement of
policies, principles, and guides as appropriate.
[Added 10-14-2004 by L.L. No. 13-2004]
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 reservations of a twenty-foot-wide easement through the block to accommodate utilities or drainage facilities or for pedestrian access purposes. (See § 150-24C.)
D.
Intersections.
(1)
Angle of intersections. Intersections of streets shall
be at angles as close to 90º 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 75º,
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 travelled 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)
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)
All streets shall be named, and such names must be
approved by the Town Board before a final application will be accepted.
Names shall be sufficiently different in sound and in spelling from
other street 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 roads. Roads shall meet
the design standards given in the following table. Road classification
shall be as determined by the Planning Board. Standards are not shown
for major roads, which would be built by the state or county.
[Amended 9-22-1982; 1-25-1984; 1-18-1996 by L.L. No. 2-1996]
|
Design Standards for New Roads
| |||
|---|---|---|---|
|
Road Classifications
| |||
|
A Road
|
B Road
| ||
|
Type of Improvements
|
Town Road
|
Private Road
| |
|
Minimum width of right-of-way (feet)
|
50
|
50
| |
|
Minimum width of pavement, excluding curbs (feet)
|
24
|
22
| |
|
Minimum radius at intersections (feet):
| |||
|
Right-of-way
|
25
|
25
| |
|
Pavement
|
25
|
25
| |
|
Minimum radius of horizontal curves at road
center line (feet)
|
150
|
150
| |
|
Minimum length of vertical curves (feet)
|
1001
|
1001
| |
|
Minimum length of tangents between reverse curves
(feet)
|
100
|
100
| |
|
Maximum grade (percent)
|
10
|
12
| |
|
Maximum grade within 60 feet of intersection
(percent)
|
3
|
3
| |
|
Minimum grade (percent)
|
1 1/2
|
1 1/2
| |
|
Minimum sight distance along road (feet)
|
200
|
200
| |
|
Maximum cul-de-sac grade (percent)2
|
5
|
5
| |
|
Minimum cul-de-sac diameter (feet)
|
90
|
90
| |
|
Maximum length of permanent dead-end (feet)
|
6 times the minimum lot width for the zoning
district in which it is located, exclusive of the turnaround
| ||
|
NOTES:
1But not less than
28 and 35 feet for each 1% algebraic difference in grade for crest
and sag curve, respectively.
2Unless the cul-de-sac
is temporary and the road will be extended in the future, the future
road grade shall be considered.
|
A.
Street improvements. Streets shall be graded and improved
with sidewalks, pavement, curbs, gutters and storm drains. Such grading
and improvements shall conform to the town's Standard Specifications
for Subdivision Road Construction,[1] and shall be approved as to design and specifications
by the Town Engineer.
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 travelled
way of a street.
C.
Drainage improvements.
[Amended 1-18-1996 by L.L. No. 2-1996]
(1)
The subdivider may be required by the Planning Board to carry away by pipe or open ditch any surface or subsurface water that may exist either previous to or as a result of the subdivision. Such drainage facilities shall be located in the road right-of-way, where feasible, or in perpetual, unobstructed easements of appropriate width and shall be constructed in accordance with Chapter A174, Subdivision Road Construction Specifications, of the Code of the Town of Somers.
(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. Local drainage from watersheds of 100 acres or less shall be designed, except in an unusual case, for an intensity of two inches per hour likely to occur in a ten-year storm. Where flowing streams are involved and larger watersheds contribute to the drainage structure, these structures shall be designed for an intensity likely to occur in a twenty-five-year storm or as may be determined by the Planning Board, with the advice of the Town Engineer. The necessary size of each drainage facility shall be based upon the above criteria, assuming conditions of maximum watershed development within the proposed subdivision permitted by Chapter 170, Zoning, of the Code of the Town of Somers. The Rational Formula or the Soil Conservation Service (SCS) methodology may be used in engineering calculations for the above criteria.
(3)
The Planning Board shall consider the effect of each
subdivision on existing downstream drainage facilities outside the
area of the subdivision. If the downstream facilities cannot handle
the expected flows, the Planning Board shall, with the advice of the
Town Engineer, require the installation of detention basins or downstream
improvements as deemed necessary. 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 shown in Chapter A174, Subdivision Road Construction Specifications of the Code of the Town of Somers and shall be required whenever 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 1,000 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.
[Amended 1-18-1996 by L.L. No. 2-1996]
(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 Town Engineer.
[Amended 1-18-1996 by L.L. No. 2-1996]
(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, 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 the 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, connection 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 or Consolidated Edison Company, as appropriate.
(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 travelled way capable of accommodating fire equipment and shall be spaced approximately 500 feet apart, as measured along such street or travelled way. The materials and method of installation of such hydrants shall be in accordance with the specifications set forth in Chapter A174, Subdivision Road Construction Specifications, of the Code of the Town of Somers.
[Amended 1-18-1996 by L.L. No. 2-1996]
(7)
School bus pickup 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
or 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.
A.
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 Chapter 170, Zoning; Chapter 167, Wetlands Protection,; and Chapter 148, Steep Slopes Protection, of the Code of the Town of Somers and County Health Department regulations and in providing driveway access to buildings of such lots from an approved street. Driveways shall be built in accordance with § 170-36E, Article VI, § A174-29 of Chapter A174, Subdivision Road Construction Specifications, of the Code of the Town of Somers, unless otherwise modified by the Planning Board.
[Amended 9-26-1979; 1-18-1996 by L.L. No. 2-1996; 9-14-2006 by L.L. No. 8-2006]
B.
Dimensions.
[Amended 10-9-1997 by L.L. No. 11-1997]
(1)
It is the intent of these regulations to promote reasonable
uniformity in lot configuration and dimensions, and to allow deviation
and/or variation from side lot line dimensional requirements solely
in order to preserve and/or follow natural or historic features (e.g.,
stonewalls), or to create a lot configuration which protects, promotes
or enhances the environment or community character.
(3)
Side lot lines shall be at right angles to street
lines or radial to curving street lines and straight from the front
lot line to the rear lot line, unless it is found by the Planning
Board that a deviation or variation from this rule is necessary or
desirable in order to preserve and/or follow a natural, cultural or
historic feature (e.g., stonewalls), or to create a lot configuration
which, in the opinion of the Planning Board, protects, promotes or
enhances the natural or cultural environment or lot design considerations,
such as:
(4)
Dimensions of corner lots shall be large enough to
allow erection of buildings observing all applicable zoning requirements
from both streets.
C.
Parcels with land in two or more zoning districts
or municipalities.
(1)
Whenever the parcel of land shown on a subdivision
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 ...................., ......"
[Amended 1-18-1996 by L.L. No. 2-1996]
(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 may be developed in accordance with the standards of the
Zoning Ordinance regarding such cases can be met.
(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 shall 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 that
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 is of such size and so related to the
proposed street system that the existing residence will be an appropriate
part of the subdivision.
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 shall 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.
J.
Vehicular access to improved road. All lots must obtain
vehicular access from where the front lot line zoning requirement
is met and connect to the improved street or from the side yard as
may be appropriate. When the Planning Board determines, as may be
permitted in other sections of the Town of Somers Code, that a common
driveway would be appropriate to reduce impervious surfaces, or as
may be required in the Code, the applicant shall demonstrate to the
Planning Board that individual vehicular access from each lot using
the common driveway can reasonably be constructed from where the lot’s
front lot line is established.
[Added 9-14-2006 by L.L. No. 8-2006]
A.
Reservations for parks and playgrounds on subdivision
plats containing residential units.
[Amended 9-26-1979; 1-18-1996 by L.L. No. 2-1996]
(1)
General standards. Before the Planning Board may approve
a subdivision plat containing residential units, such subdivision
plat shall also show, when required by the Planning Board, a park
or parks suitably located for playground or other recreational purposes.
(a)
Land for park, playground or other recreational
purposes may not be required until the Planning Board has made a finding
that a proper case exists for requiring that a park or parks be suitably
located for playgrounds or other recreational purposes within the
town. Such findings shall include an evaluation of the present and
anticipated future needs for park and recreational facilities in the
town based on projected population growth to which the particular
subdivision plat will contribute. Each reservation shall be appropriately
located and shall 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 subdivision 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 6-12-1997 by L.L. No. 8-1997]
|
Zoning District
|
Percentage of Land in Subdivision to be
Reserved
| |
|---|---|---|
|
R120
|
6
| |
|
R80
|
6
| |
|
R40
|
8
| |
|
R10
|
12
| |
|
Other
|
12
|
(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 50 feet in width.
(4)
Ownership. Ownership shall be clearly indicated on
all reservations 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)
In the event that the Planning Board makes a finding pursuant to Subsection A(1)(a) above that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat, the Planning Board may require a sum of money in lieu thereof, in an amount to be established by the Town Board. In making such determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any moneys required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of § 277 of the Town Law, shall be deposited into a trust fund to be used by the town exclusively for park, playground or other recreational purposes, including the acquisition of property.
(b)
No credit shall be given for the original lot
in computing this payment, unless there is an existing residence on
the property that will occupy one of the newly created lots.
(c)
If a subdivision includes parcels which are
capable of being further subdivided in accordance with existing zoning
standards, the required payment shall be based solely on the number
of lots shown on the subdivision plat under consideration. An additional
payment shall be required at such time as the oversized lots are resubdivided.
(6)
Additional park reservations. None of the subsections
above shall be construed as prohibiting a developer from reserving
land for recreational purposes in addition to the requirements of
this section.
B.
Reservations for 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 reserved for widening or realignment
of such streets, which areas shall be marked "reserved for highway
purposes." Land reserved for such purposes may not be counted in satisfying
yard requirements of the Zoning Ordinance.
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.
(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 § 150-30J(1) and/or (4), as appropriate, of these regulations.
D.
Slope easements.
(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.
(3)
Such easements shall be shown on the subdivision plat and a notation included which is worded as indicated in § 150-30J(2) of these regulations.
E.
Sight easements.
(1)
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 between an
observer's eye 3.5 feet above the pavement surface at its nearest
edge and an object one foot above the nearest edge of pavement on
the intersecting road. In the case of streets which must intersect
at other than right angles, the Planning Board may require that the
dimensions of the sight easement be modified to provide adequate sight
distance.
(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 § 150-30J(3) of these regulations.
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 20 feet in width. Such easements shall
be indicated on the plat.
The owner may place restrictions on any of the
land contained in the subdivision greater than those required by the
Zoning Ordinance. Such restrictions shall be indicated on the subdivision
plat.
