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.
[1]
Editor's Note: See Ch. A174, Subdivision Road Construction Specifications.
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.
(2) 
Lot dimensions shall comply with the minimum standards of the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 170, Zoning.
(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:
(a) 
The relationship of the house and driveway to the street and topography.
(b) 
The location of suitable subsurface disposal areas.
(c) 
The usability of yards.
(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.