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]
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.