The purpose of this article is to ensure that the highest standards of site, building and landscape design are conscientiously met through the use of qualified technical and aesthetic judgment compatible with the Community Master Plan of the municipality. In acting upon plats, the Planning Board shall require, among other conditions in the public interest, that the tract shall be adequately drained and the streets shall be of sufficient width and suitable grade and suitably located to accommodate the prospective traffic and to provide access for fire-fighting equipment to buildings. The Planning Board shall further require that all lots shown on the plats shall be adaptable for the intended purpose without danger to health or peril from flood, fire, erosion or other menace. Required improvements shall be designed and constructed to conform to specifications established by the municipality. In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. The said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article VI herein.
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.
C.
Specifications for required improvements. All required
improvements shall be constructed or installed to conform to municipal
specifications, which may be obtained from the Municipal Engineer.
A.
Width, location and construction. Streets shall be
sufficient width, suitably located and adequately constructed to conform
to the Master Plan and to accommodate the prospective traffic and
afford access for fire-fighting, snow removal and other road maintenance
equipment. The arrangement of streets shall be such as to cause no
undue hardship to adjoining properties and shall be coordinated so
as to compose a convenient system.
B.
Arrangement. The arrangement of streets in the subdivision
shall provide for the continuation of principal streets of adjoining
subdivisions and for proper projection of principal streets into adjoining
properties which are not yet subdivided, by use of stub streets, in
order to make possible necessary fire protection, movement of traffic
and the construction or extension, presently or when later required,
of needed utilities and public services such as sewers, water and
drainage facilities. Where, in the opinion of the Planning Board,
topographic or other conditions make such continuance undesirable
or impracticable, the above conditions may be modified. The subdivision
street traffic network shall provide an orderly local access progression
from marginal streets to collector streets, to main highway and shall
include a continuous network of public pedestrian walks, either independent
or incorporated within vehicular rights-of-way, to connect all properties
and public areas.
C.
Minor streets. Minor streets shall be so laid out
that their use by through traffic will be discouraged.
D.
Special treatment along major arterial streets. When
a subdivision abuts or contains an existing or proposed major arterial
street, the Planning Board may require marginal access streets, reverse
frontage with screen planting contained in a nonaccess reservation
along the rear property line, deep lots with rear service alleys or
such other treatment as may be necessary for adequate protection of
residential properties and to afford separation of through and local
traffic.
E.
Provision for future resubdivision. Where a tract
is subdivided into lots substantially larger than the minimum size
required in the zoning district in which a subdivision is located,
such parcels shall be arranged so as to allow the opening of future
streets and logical further resubdivision in accordance with the requirements
contained in this chapter.
F.
Dead-end streets. The creation of dead-end or loop
residential streets will be encouraged wherever the Planning Board
finds that such type of development will not interfere with normal
traffic circulation in the area. In the case of dead-end streets,
where needed or desirable, the Board may require the reservation of
a twenty-foot-wide easement to provide for continuation of pedestrian
traffic and utilities to the next street. Subdivisions containing
20 lots or more shall have at least two street connections with existing
public streets or streets shown on the Official Map, if such exists,
or streets on an approved subdivision plat for which a bond has been
filed.
G.
Block size.
(1)
The length, width and shape of blocks or acreage within
bounding roads shall be determined with due regard to:
(2)
Blocks generally shall not be less than 400 feet nor
exceed 12 times the required minimum lot widths. In general, no interior
block width shall be less than twice the normal lot depth. In blocks
exceeding 800 feet in length, the Planning Board may require the reservation
of a twenty-foot-wide easement through the block to provide for the
crossing of underground utilities and pedestrian traffic, where needed
or desirable, and may further specify, at its discretion, that a four-foot-wide
paved footpath be included. Each normal block shall be planned to
provide two rows of lots, but irregular-shaped blocks, oversize blocks
or "superblocks" indented by culs-de-sac, parking courts or loop streets
and containing interior block parks or playgrounds will be acceptable
when properly designed, as determined by the Planning Board. Such
blocks shall include adequate off-street parking, facilities for pedestrian
access from streets to all lots, proper easements for utility lines
and satisfactory provision for maintenance of park and open space,
where included.
H.
Intersections with collector or major arterial roads.
Intersections of minor streets with arterial or collector streets
shall be held to a minimum to avoid hazard and delay. Such intersections
shall be at least 800 feet apart, if possible. A distance of at least
150 feet shall be maintained between center lines of offset intersecting
streets. Grades shall be limited to no more than 2% within 50 feet
of an intersection.
I.
Street jogs. The center line of a street shall cross
an intersecting street as a straight line. Street jogs with center-line
offsets of less than 125 feet shall be avoided.
J.
Angle of intersection. In general, all streets shall
join each other so that for a distance of at least 100 feet the street
is approximately at right angles to the street it joins, and in no
case shall two streets intersect at an angle smaller than 60º.
To this end, an oblique street should be curved approaching an intersection.
Where three or more streets intersect, a traffic circle or other special
treatment may be required by the Board. At block corners the traveled
way shall be rounded with a curve having a radius of not less than
15 feet.
K.
Relation to topography. The street plan of a proposed
subdivision shall bear a logical relationship to the topography of
the property, and all streets shall be arranged so as to obtain as
many of the building sites as possible at or above the grade of the
streets. Grades of streets shall conform as closely as possible to
the original topography.
L.
Other required streets. Where a subdivision borders
on or contains a railroad right-of-way or limited access highway right-of-way,
the Planning Board may require a street approximately parallel to
and on each side of such right-of-way, at a distance suitable for
the appropriate use of the intervening land, as for park purposes
in residential districts or for commercial or industrial purposes
in appropriate districts. Such distances shall also be determined
with due regard for the requirements of approach grades and future
grade separations.
M.
Roads in open-development areas. The following standards
will apply to roads and common drives within an open-development area
subdivision (as designated by the Planning Board or by the Town Board
according to the provisions of § 280-a of the Town Law of
the State of New York) consisting of two or more dwelling units or
lots:
(2)
In the alternative, a subdivider may submit surfacing specifications other than those referenced in Subsection M(1) above, for the approval of the Planning Board upon the advice of the Town Engineer.
(3)
No certificate of occupancy shall be granted for any
dwelling unit serviced by an open-development area road until that
road is constructed according to the approved specifications for the
full length connecting to the public road and certified as completed
by the Town Engineer.
A.
Widths of rights-of-way.
(1)
Streets shall have the following widths [Note: When
not indicated on the Master Plan or Official Map, if such exists,
the classification of streets shall be determined by the Planning
Board]:
|
Classification
of Streets
|
Minimum
Right-of-Way
(feet)
|
Minimum
Pavement
(feet)
| |
|---|---|---|---|
|
Arterial or major
|
84
|
64
| |
|
Collector
|
60
|
40
| |
|
Local
(minor and marginal)
|
50
|
30
|
(2)
The right-of-way width for internal roads and alleys
in multifamily, commercial and industrial developments shall be determined
on an individual basis and shall in all cases be of sufficient width
and design to accommodate safely the maximum anticipated traffic,
parking and loading needs.
B.
Improvements. Streets shall be graded and improved
with pavements, curbs and gutters, sidewalks, storm drainage facilities,
water mains, sewers, streetlights and signs, street trees and fire
hydrants (except where waivers may be requested, and the Planning
Board may waive, subject to appropriate conditions, such improvements
as it considers may be omitted without jeopardy to the public health,
safety and general welfare). Curbs, gutters, sidewalks, street pavements,
fire hydrants, streetlights, shade trees, monuments, water mains,
storm sewers, sanitary sewers and any other improvements that may
be required shall be designed and constructed to conform to the specifications
as established by resolution or ordinance of the Town Board. Pedestrian
easements shall be improved as required by the Municipal Engineer.
All rights-of-way shall be provided with paved, seeded or sodded areas,
properly prepared, graded and sloped in conformance with good nursery
practice. Where sidewalks and walkways are included with streets'
rights-of-way, suitable trees or shrubs may be required to be planted
within the specified planting strips. Such grading and improvements
shall be approved as to design and specifications by the Municipal
Engineer.
(1)
Fire hydrants. Installation of fire hydrants shall
be in conformity with all requirements of standard thread and nut
as specified by the New York Fire Insurance Rating Organization and
the Division of Fire Safety of the State of New York.
(2)
Fire alarm system.
(a)
The installation of fire alarm signal devices,
including necessary connecting facilities, shall be required or waived
only the approval of:
[1]
The legislative body of the county if the installation
is to be made in an area included in a central fire alarm system established
pursuant to Paragraph (h) of Subdivision 1 of § 225 of the
County Law;
[2]
The Town Board in any other case unless the
installation is to be made in a fire district in a Town in which no
central fire alarm system has been established pursuant to Subdivision
11-c of § 64 of the Town Law, in which event only the approval
of the Board of Fire Commissioners of such fire district shall be
necessary.
(b)
Required installations of fire alarm signal
devices, including necessary connecting facilities, shall be made
in accordance with standards, specifications and procedures acceptable
to the appropriate board.
(3)
Streetlighting facilities. Where required by the Planning
Board, streetlighting standards in conformance with the lighting system
of the municipality, of a design approved by the Municipal Engineer,
shall be installed by the subdivider in a manner and location approved
by the Municipal Engineer, the appropriate power company and the Commissioner
of Public Works. In the case of a subdivision involving a county or
state highway, approval shall be obtained from the County Superintendent
of Highways. Where a new lighting district is to be created or an
existing district expanded, the applicant shall petition the Town
Board to create said district or expansion before final approval.
[Amended 6-23-1988 by L.L. No. 1-1988]
(4)
Street signs. Street signs of a type approved by the
Commissioner of Public Works shall be provided and installed by the
developer at all intersections in locations within the right-of-way
approved by the Commissioner of Public Works, prior to public dedication
of the roads.
[Amended 6-23-1988 by L.L. No. 1-1988]
(5)
Street trees. It is required that shade trees be preserved
and/or furnished and planted, at the expense of the owner of the subdivision,
along both sides of the road within his subdivision, such trees to
be guaranteed to survive one growing season. These shade trees shall
be located at no more than forty-foot intervals. All tree varieties,
placement, condition and quality are subject to the approval of the
Town Shade Tree Commission prior to and after planting. Trees shall
be hardy, suitable to local soil and climate. All trees must meet
the standards of the American Standard for Nursery Stock. Poplars,
box elders, catalpas, horse chestnuts, willows and elms shall not
be planted. New trees shall measure at least 1 1/2 inches in diameter
as measured at a point 4 1/2 feet above finished grade level.
C.
Utilities in streets. The Planning Board shall require
the underground installation of all utility systems, if it is deemed
aesthetically desirable, unless such installation is determined to
be economically unfeasible and prohibitive in terms of cost to the
developer. The subdivider shall install underground service connections
to the property line of each lot within the subdivision for such required
utilities before the street is paved.
D.
Utility easements. 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, centered on rear or side lot lines or across property
outside the road lines and with satisfactory access to the road. Wherever
possible, easements shall be continuous from block to block and shall
present as few irregularities as possible. Such easements shall be
cleared and graded where required. Easements shall be indicated on
the plat. In large-scale developments, easements along rear property
lines or elsewhere for utility installations may be required by the
Planning Board. Such easements shall be of the width and location
determined by the Board after consultation with the public utilities
companies or municipal departments concerned.
E.
Assurance by utilities. As to utilities required,
the Planning Board may accept assurance from each public utility company
whose facilities are proposed for installation. Such assurance shall
be given in a letter addressed to the Board and stating that such
public utility company will make the installations necessary for the
furnishing of its services within the time therein specified and satisfactory
to the Board.
F.
Grades. Grades of all streets shall be the reasonable
minimum, but shall be not less than 1% nor more than 5% for arterial
or major streets, nor more than 8% for secondary or collector streets,
nor more than 10% for minor streets, but in no case more than 2% within
50 feet of any intersection, except that the Planning Board may approve
a grade of up to 14% for minor streets where topographic conditions
make a lesser grade impracticable. Line and grade shall always give
a minimum sight distance of:
G.
Changes in grade. All changes in grade shall be connected
by vertical curves of such length and radius as meet with the approval
of the Municipal Engineer so that clear visibility shall be provided
for a safe distance, as well as a smooth transition.
H.
Curve radii at street intersections. All street right-of-way
lines at intersections shall be rounded by curves of at least 15 feet
radius, and curbs shall be adjusted accordingly.
I. 
Steep grades and curves; visibility at intersections.
A combination of steep grades and curves shall be avoided. In order
to provide visibility for traffic safety, that portion of any corner
lot (whether at an intersection entirely within the subdivision or
of a new street with an existing street) which is shown shaded on
Sketch A shall be cleared of all growth (except isolated trees) and
obstructions above the level three feet higher than the center line
of the street. If directed, ground shall be excavated to achieve visibility.
K.
Dead-end streets (culs-de-sac). Permanent dead-end
or cul-de-sac streets shall not in general exceed six times the required
minimum lot width and shall be equipped with a turnaround roadway
having a minimum diameter of right-of-way of 120 feet and a minimum
outside diameter of traveled way of 100 feet unless the Planning Board
approves an equally safe and convenient form of turning space. The
Board may approve a longer permanent dead-end street where topographic
conditions and land ownership patterns so require. Temporary dead-end
streets shall not in general exceed 12 times the required minimum
lot width and shall be equipped with a turnaround which conforms to
the standards for permanent dead-end streets; a temporary turnaround
shall be provided with a notation on the plat that land outside the
normal street right-of-way shall revert to abutting property owners
whenever the street is continued.
L.
Watercourses. Where a watercourse separates a proposed
street from abutting property, provision shall be made for access
to all lots by means of culverts or other structures of a design by
the Municipal Engineer.
M.
Curve radii. In general, street lines within a block
deflecting from each other at any one point by more than 10º
shall be connected with a curve, the radius of which for the inner
street lines shall not be less than 400 feet on major streets, 250
feet on collector streets and 100 feet on minor streets. The outer
street line in each case shall be parallel to such inner street line.
A tangent of at least 100 feet long shall be introduced between reverse
curves on arterial and collector streets.
N.
Service streets or loading space in commercial development.
Paved rear service streets of not less than 20 feet in width (or in
lieu thereof, adequate off-street loading space, suitably surfaced)
shall be provided in connection with lots designed for commercial
use.
O.
Free flow of vehicular traffic abutting commercial
development. In front of areas zoned and designed for commercial use
or where a change of zoning to a zone which permits commercial use
is contemplated, the street width shall be increased by such amount
on each side as may be deemed necessary by the Planning Board 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 or business district.
P.
Undersized existing streets. Where a subdivision borders
or includes existing narrow roads that do not conform to street widths
as shown on the Master Plan or Official Map or that do not conform
to the street width requirements of this chapter, or when the Master
Plan indicates plans for realignment or widening of a road that would
require use of some of the land in the subdivision, the subdivider
shall be required to show areas for widening or realigning such roads
on the plat, marked "Reserved for Road Realignment (or Widening) Purposes,"
along one or both sides of such streets of substandard width. If the
subdivision is along one side only, 1/2 of the required width shall
be dedicated. It shall be mandatory to indicate such reservation on
the plat when a proposed widening or realignment is shown on the Municipal
or County Official Maps. Land reserved for such purposes may not be
counted in satisfying yard or area requirements of the Zoning Ordinance;[2] said reservations may be required to be dedicated to the
municipality.
Q.
Walkways and sidewalks. Subdivision designs shall
indicate consideration for suitable protection of different types
of land uses and the segregation of vehicular and pedestrian traffic
where desirable. The pedestrian walk network, whether independent
or combined with the vehicular road network, shall conveniently link
dwellings to all possible generators of pedestrian traffic both within
and outside of the subdivision, including, but not necessarily limited
to, parking areas, recreation areas, school, stores, bus stops and
other walks. Such walks shall be so designed and constructed as to
encourage their use by their proximity to generators of traffic, convenient
arrangement, evenness and durability of surface, pleasant appearance
and exposure to scenic areas and views. Where sidewalks cross driveways,
they shall be reinforced and of the same material and elevation as
that on both sides of such driveways.
R.
Monuments. Monuments shall be concrete, sunk 18 inches
deep. These monuments shall be 30 inches in length, five inches square
at the top and six inches square at the bottom. A map certified by
a licensed surveyor, showing at least three survey ties to each monument,
shall be furnished to the municipality.
S.
Roads. The requirements contained in Minimum Standards
for Proposed Roads to Be Taken Over by the Town,[3] approved by the Town Board of the Town of Warwick and
by the Commissioner of Public Works of the Town of Warwick, and as
these standards may hereafter be amended, shall apply, and all road
construction or design shall conform thereto said minimum standards
being attached hereto and made a part hereof.
[Amended 6-23-1988 by L.L. No. 1-1988]
A.
Type of name. All street names shown on a preliminary
plat or subdivision plat shall be approved by the Town Board. In general,
streets shall have names and not numbers or letters.
B.
Names to be substantially different. Proposed street
names shall be substantially different so as not to be confused in
sound or spelling with present names, except that streets that join
or are in alignment with streets of an abutting or neighboring property
shall bear the same name. Generally, no street should change direction
by more than 90º without a change in street name.
C.
Street name signs. See Article IV, § 137-19B(4) above.
A.
Lots to be buildable. The lot arrangement shall be
such that in constructing a building in compliance with the Zoning
Ordinance[1] there will be no foreseeable difficulties for reasons
of topography or other natural conditions. A lot intended for use
for single-family residential purposes must contain a buildable portion,
a dwelling and septic system site of not less than 5,000 square feet
(4,000 square feet where served by public sewerage) with a minimum
dimension of 40 feet. This buildable portion shall be so positioned
as to allow the siting of a principal building meeting all zoning
district requirements relative to setbacks, etc., as well as the following
criteria:
(1)
Average slope of less than 15%.
(2)
A rating of the soil with respect to permeability
of "slight" or "moderate"* (unless served
by public sewerage).
(3)
A rating of the soil with respect to depth to seasonal
or prolonged high-water table and bedrock of "slight" or "moderate"* 1 1/2 plus feet (unless served by public sewerage).
(4)
A rating of the site with respect to flood hazard
(stream overflow) and ponding of "slight."
(5)
Any alterations of existing conditions to overcome
severe or moderate soil limitations must be approved by the Town Engineer
and the Soil Conservation Service.
|
[*NOTE: As rated
by the soil scientists assigned to the Orange County Soil and Water
Conservation District. See Appendix A of the Town of Warwick Soil
Report.)
|
B.
Utilization.
(1)
It is recognized that the soil maps and the information
found in the Orange County Soil Report do not eliminate the need for
future on-site investigations. The delineated areas of a given soil
mapping unit may contain small areas of other kinds of soil that have
strongly contrasting properties. The small areas (between 10% and
15% of the total area) are called "inclusions" and cannot be separated
on the scale of mapping used in Orange County.
(2)
The Building Inspector and/or the Town Engineer shall
have full authority to make additional requirements to fit conditions
that may be observed in the field and as a result of subsequent tests.
(3)
A permit applicant whose construction plan does not
meet minimum requirements of the regulation may:
(a)
Incorporate in the construction plans accepted
methods of construction and/or accepted materials whose use will meet
the added requirements; or
(b)
Petition the Board of Appeals for a variance
from the decision of the Building Inspector. This Board may request
the Soil and Water Conservation District to conduct an immediate on-site
soil inspection for the purpose of determining the specific soil type
and subsequent group or insist that a subsurface soil investigation
be conducted by a registered engineer to determine the soil-bearing
capacity, its stability, drainage characteristics, permeability and
other properties that may be in question.
C.
Side lines. All side lines of lots shall be substantially
at right angles to straight street lines and radial to curved street
lines, unless a variance from this rule will give a better street
or lot plan.
D.
Corner lots. In general, corner lots should be larger
than interior lots to provide for proper building setback from each
street and provide a desirable building site.
F.
Access from public streets.
(1)
The subdivision of land shall be such as to provide
each lot with satisfactory access to an existing public street by
means of a public street.
(2)
Double-frontage and reverse-frontage lots shall be
avoided. But when they are unavoidable, reverse-frontage lots which
have their rear yard abutting a street shall be provided with effective
shrubs or screening along the full width of the rear property line
to screen the rear yard from adjacent traffic.
(3)
Lots of less than 200 feet frontage apiece fronting
on a county or state road must be so designed as to share a double-width
common curb cut with an adjacent lot if either adjacent lot has not
been granted a curb cut permit. When more than eight lots are proposed
for subdivision from a parcel with frontage on a county or state road,
or there is the possibility of creating nine or more lots of a size
meeting the minimum zoning district requirements, frontage for all
must be on internal streets, not on the county or state highway. Each
lot permitted to front on a county or state road must provide for
an on-site turnaround so as to obviate the necessity of any vehicle's
backing onto such roadway.
G.
Access from private streets. Access from private streets
(under § 280-a of the Town Law) shall be deemed acceptable
only if such streets are designed and improved in accordance with
these regulations.
H.
Monuments. Permanent monuments meeting specifications
approved by the Municipal Engineer as to size, type and installation
shall be set at such block corners, angle points, points of curves
in streets and other points as the Municipal Engineer may require,
and their location shall be shown on the subdivision plat.
I.
Dedication of land for widening of existing streets.
Where extra width has been dedicated or set aside for widening of
existing streets, lots shall begin at such extra-width line and all
setbacks shall be measured from such line.
J.
Minimum lot size. Lots should not be of such depth
as to encourage the later creation of a second building lot at the
front or rear, and excessive depth in relation to the width shall
be avoided. A proportion of 2 1/2:1 will normally be considered ideal.
K.
Shape of lots.
(1)
In addition to each lot's having a minimum area as
prescribed by the bulk requirements of the Zoning Ordinance according
to the zoning district in which it is located, each residential lot
newly created shall be of such shape that a square of the following
side dimension may be inscribed within its boundaries:
[Amended 6-12-2003 by L.L. No. 3-2003]
|
District
|
Side Dimension
(feet)
| |
|---|---|---|
|
Agricultural
|
200
| |
|
Local Business
|
185
| |
|
Mountain Residential
|
350
| |
|
Rural Residential District
|
200
| |
|
Suburban Residential District
|
135
| |
|
Conservation
|
400
| |
|
Land Conservation
|
400
|
(2)
Flag lots.
(a)
Flag lots shall be permitted in both major and
minor subdivisions at the discretion of the Planning Board and by
specific waiver of said Board.
[1]
The applicant shall show to the satisfaction
of the Board that each lot so created will provide suitable, safe
and prudent access for emergency vehicles.
[2]
Flag lots must meet all bulk requirements for
the zoning district applicable, and the combined frontage of the flag
lot and front lot so created must be twice the minimum frontage within
that zone. In no case shall the flag lot width be less than 50 feet
at any point. The depth of the strip from the roadway to the front
yard line shall not be less than 200 nor greater than 300 feet.
[3]
Each lot created must be provided with a driveway
at a grade not to exceed 15%, and all driveways shall be paved.
(b)
No flag lot shall be permitted with frontage
on a state or county highway.
(c)
No further subdivision of a flag lot so created
after the effective date of this amendment shall be allowed.
[3]
Editor's Note: Adopted by the Town Board acting
on a planning matter.
L.
Land reserved for future development. Land reserved
from the subdivision for future development shall be of a useful dimension
for permissible forms of development.
M.
Topsoil. If any topsoil is removed from its natural
position in the process of grading the subdivision site, such topsoil
shall be replaced to a depth approximately equivalent to that existing
prior to such grading, except in streets, driveways and foundation
areas.
N.
Additional standards. Where the property to be subdivided
is next to or includes a railroad right-of-way, suitable provisions
shall be made for such things as road crossings, screening and freight
access as recognition of the relationship between the railroad and
the subdivision.
A.
Removal of spring- and surface water. All subdivisions
shall be related to the drainage pattern affecting the areas involved,
with proper provision to be made for adequate storm drainage facilities.
The subdivider may be required by the Planning Board to carry away
by pipe or open ditch any spring- or surface water that may exist
either previous to or as a result of the subdivision. Such drainage
facilities shall be located in the street right-of-way, where feasible,
or in perpetual unobstructed easements of appropriate width. A culvert
or other drainage facility shall, in each case, be of adequate size
to accommodate the potential runoff from the entire upstream drainage
area, whether inside or outside the subdivision area. The design and
size of this facility shall be subject to the approval of the Municipal
Engineer.
B.
Drainage structure to accommodate potential development
upstream. A culvert or other drainage facility shall, in each case,
be large enough to accommodate potential runoff from its entire upstream
drainage area, not only the anticipated discharge from the property
being subdivided but also the anticipated runoff that will occur when
property at a higher elevation in the drainage basin is developed.
The Municipal Engineer shall approve the design and size of facility
based on anticipated runoff from the following storm frequencies under
conditions of total potential development permitted by the Zoning
Ordinance[1] in the watershed:
(1)
Generally, for watersheds with drainage areas of less
than 320 acres, all structures should be designed to carry the peak
runoff for a twenty-five-year storm.
(2)
Generally, for watersheds with drainage areas of between
320 and 640 acres, the structures should be designed to carry peak
runoff for a fifty-year storm.
(3)
Generally, for watersheds with drainage areas larger
than one square mile, all structures should be designed to carry peak
runoff for a one-hundred-year storm.
C.
Responsibility for drainage downstream. The subdivider's
engineer shall study and submit a written report of the effect of
each subdivision on the existing downstream drainage facilities outside
the area of the subdivision; this study shall be reviewed by the Municipal
Engineer and the Orange County Soil and Water Conservation District.
Where it is anticipated that the additional runoff incident to the
development of the subdivision will overload an existing downstream
drainage facility during a twenty-five-year storm, provision for the
rerouting or storage of the increased runoff must be made by the developer.
(See Appendix B, Storm Water Management, found in the Town of Warwick
Soil Report.)
D.
Land subject to flooding. Land subject to periodic or occasional flooding or land deemed by the Planning Board to be uninhabitable shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate the flood hazard, but such land within the plat shall be set aside for park purposes in addition to that area which is required in Article IV, § 137-23.
E.
Easements. Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially with the
lines of such watercourse and such further width or construction,
or both, as the Municipal Engineer may deem adequate to the purpose,
but in no case less than 20 feet in width and of such width as to
encompass the flood of record plus three feet in elevation. Drainage
easements shall be carried from the road to a natural watercourse
or to other drainage facilities. When a proposed drainage system will
carry water across private land outside the subdivision, appropriate
rights must be secured and indicated on the plat.
F.
House and lot drainage. Drainage of individual lots
and dwellings, including footing drains discharging to a freeflowing
outlet to assure proper runoff from roofs, driveways and paved surfaces,
shall be required for Planning Board approval.
A.
Purposes.
(1)
The purpose of this section is to provide an equitable
and effective development standard for securing adequate land for
parks, playgrounds and recreation purposes in all new major subdivisions
throughout the municipality.
(2)
Except as hereinafter provided, lands comprising approximately
10% of the total area to be developed shall be reserved for parks,
playgrounds or recreational purposes in a location with suitable public
access within all major subdivisions as selected and determined by
the Planning Board.
B.
Recreation areas shown on Master Plan. Where a proposed park, playground or open space shown on the Master Plan is located in whole or in part in a subdivision, the Board shall require that such area or areas be shown on the plat in accordance with the requirements specified in Subsection C below. Such area or areas may be dedicated to the municipality or county by the subdivider if the Town Board approves such dedication. While the plan may show only a general location of such proposed sites, the required reservation of land for recreation purposes must be specifically located on the subdivision plat.
C.
Parks and playgrounds not shown on Master Plan.
(1)
The Planning Board shall require that the show sites
of a character, extent and location suitable for the development of
a park, playground, or other recreation purpose. The Planning Board
may require that the developer satisfactorily grade and seed any such
recreation areas shown on the plat.
(2)
The Board shall not accept areas of less than three contiguous acres and shall require that not less than three acres of recreation space be provided per 100 dwelling units shown on the plat. Open spaces of a lesser area may be approved where the difference may be made up in conjunction with the future subdivision of adjacent land. However, in no case except in planned and cluster developments shall the required amount be more than 10% of the total area of the subdivision. [NOTE: See also Article IV, § 137-22.] Such area or areas may be dedicated to the municipality by the subdivider if the Town Board approves such dedication.
(3)
All lands designated on the plat as park, playground
and recreation area may be retained in private ownership and shall
be subject to such conditions as the Planning Board may establish
for the subdivision concerning access, use and maintenance of such
lands as deemed necessary to assure the preservation of such lands,
in perpetuity, for their intended purposes. Such conditions shall
be shown on the plat prior to plat approval and recording.
(4)
If the Town Board does not accept either the dedication
or purchase of the land offered or mapped for recreational purposes,
the subdivider may apply for redesignation of that land from recreational
purposes to residential lots:
D.
Information to be submitted. In the event that an
area to be used for a park or playground is required to be shown,
the subdivider shall submit, prior to final approval, to the Planning
Board, three prints (one on cloth) drawn in ink showing, at a scale
of not less than 30 feet to the inch, such area and the following
features thereof:
(1)
The boundaries of the said area, giving lengths and
bearings of all straight lines; radii, lengths, central angles and
tangent distances of all curves.
(2)
Existing features such as brooks, ponds, clusters
of trees, rock outcrops, structures.
(3)
Existing and, if applicable, proposed changes in grade
and contours of the said area and of the area immediately adjacent.
E.
Waiver of plat designation of area for parks and playgrounds.
In cases where the Planning Board finds that because of the size,
topography or location of the subdivision, land for park, playground
or other recreation purpose cannot be properly located therein, or
if, in the opinion of the Town Board, it is not in the public interest
to accept municipal dedication of a proposed recreational facility
nor would a private recreational facility serve the public interest,
the Planning Board may waive the requirement that the plat show land
for such purposes. The Board shall then require as a condition to
approval of the plat a payment to the municipality of an amount equal
to the fair market value of 10% of the development site as unimproved
acreage, said market value to be determined by the Municipal Assessor.
Such amount shall be paid to the Town Board at the time of final plat
approval, and no plat shall be signed by the authorized officer of
the Planning Board until such payment is made. All such payments shall
be held by the Town Board in a special Municipal Recreation Site Acquisition
and Improvement Fund, to be used for the acquisition of land that
is suitable for permanent park, playground or other recreational purposes
and is so located that it will serve primarily the general neighborhood
in which the land covered by the plat lies, and shall be used only
for park, playground or other recreational land acquisition or improvements.
Such money may also be used for the physical improvement of existing
parks or recreation areas serving the general neighborhood in which
the land shown on the plat is situated, provided that the Planning
Board finds there is a need for such improvements.
F.
Reserve strips prohibited. Reserve strips of land
which might be used to control access from the proposed subdivision
to any neighboring property or to any land within the subdivision
itself shall be prohibited.
G.
Preservation of natural features. The Planning Board
shall, wherever possible, encourage the preservation of all natural
features which add value to residential developments and to the community,
such as large trees or groves, watercourses and waterfalls, beaches,
historic spots, vistas and similar irreplaceable assets.
(1)
Natural terrain. Subdivision design shall preserve,
insofar as possible, the natural terrain and natural watercourses,
improvements and drainage areas.
(2)
Trees. A conscious effort shall be made to preserve
all worthwhile trees and shrubs which exist on the site. Such features
may well be suggested for park or playground areas. On individual
lots or parcels, care shall be taken to preserve selected trees to
enhance the landscape treatment of the development. No tree with a
diameter of eight inches or more as measured 4 1/2 feet above the
base of the trunk shall be removed unless such tree is within the
right-of-way of a street as shown on the final subdivision plat. Removal
of additional trees shall be subject to the approval of the Planning
Board. In no case, however, shall a tree with a diameter of eight
inches or more as measured 4 1/2 feet above the base of the trunk
be removed without prior approval of the Planning Board.
(3)
Soil. Natural fertility of the soil shall be preserved
by disturbing it as little as is possible, and no topsoil shall be
removed from the site.
(4)
Watercourses. Open watercourses shall be recognized as community assets. Subdivision design may well be enhanced by featuring streams and brooks. Floodplain land, areas bordering on watercourses, drainageways and other lands which cannot be used safely for building purposes without danger to health or peril from flood may be offered to the municipality as a gift to be used as public open space or for recreational purposes, but shall be in addition to that required in Subsection C.
(5)
Lots. On a lot intended for single-family purposes,
no more than 5,000 square feet of tree growth shall be cleared for
development purposes.
H.
School site. Upon receipt from the School Board of
a letter declaring its interest in a school site of a specific size
and location within a proposed subdivision, the Planning Board may
require a subdivider to set aside such area in the design of the subdivision.
Upon failure of the School Board to secure an option to acquire or
to purchase such school site prior to the date of the final approval
of the plat, the subdivider shall be relieved of the responsibility
of showing such land for public purposes.
A.
Sediment control.
(1)
The subdivider shall provide effective sediment control
measures for planning and construction of subdivisions. Use of the
following technical principles shall be applied as deemed appropriate
by the Orange County Soil and Water Conservation District:
(a)
The smallest practical area of land shall be
exposed at any one time during the development.
(b)
When land is exposed during development, the
exposure shall be kept to the shortest practical period of time.
(c)
Temporary vegetation and/or emulsion shall be
used to protect critical areas exposed during development.
(d)
Sediment basins (debris basins, silting basins
or silt traps) shall be installed and maintained to remove sediment
from runoff waters on lands undergoing development.
(e)
Provision shall be made to accommodate effectively
increased runoff caused by changing soils and surface conditions during
and after development.
(f)
Permanent final vegetation and structures should
be installed as soon as practical in the development.
(g)
The development plan should be fitted to the
type of topography and soils so as to create the least erosion potential.
(h)
Wherever feasible, natural vegetation should
be retained and protected.
(2)
A permit is required to grade and/or shape the topography
and is subject to the same restrictions and reviews as are special
uses. (Preparation of agricultural land fitting to seed crops for
harvest is not considered grading.)
B.
Drainage channels. All primary drainage channels which
are located within or immediately adjacent to an improvement or a
subdivision shall be protected by the developer.
It is the policy of the Town of Warwick that
all central sewer and water systems shall be owned and operated by
the municipality. It is required as a condition to final approval
of the plat that where central sewer and/or water systems are to be
installed, an improvement district shall be legally formed or extended.
Such systems, with appurtenances, shall be offered for dedication
to such districts without cost to the district.
A.
Endorsement. The proposed subdivision plat shall be
properly endorsed and approved by the Orange County Department of
Health. Such endorsement and approval shall be secured by the subdivider
after approval of the preliminary plat by the Planning Board.
B.
Local requirements. Orange County Department of Health
approval shall constitute only the minimum requirement necessary,
and where considered essential by the Board, a public sanitary and/or
water system may be required for any subdivision.
C.
State requirements; Town approval. The requirements
contained in the New York State Department of Health Waste Treatment
Handbook, as approved by the Town Board of the Town of Warwick and
as the handbook may be amended, shall apply; and all individual household
sewage disposal systems shall be constructed in conformance therewith.
D.
Dedication. Such water and sewer mains and systems
shall be located in the street rights-of-way or in perpetually unobstructed
easements of a width adequate for servicing. Water and sewer mains
and systems are to be offered for dedication to the municipality or
duly constituted improvement district. Upon acceptance, such water
and sewer mains and systems are to be maintained by the municipality.
E.
Connections. The developer shall be responsible not
only for the laterals within the development, but also for any lines
or connections that may be necessary to bring service to the development.
F.
Capacity of well. The Planning Board may require that
prior to final approval the Municipal Engineer shall determine the
capacity of a well to supply a development adequately with water.
In order to assure adequate water supply for the safety, health and
comfort of the residents, a seventy-two-hour test shall be taken,
during which time an amount equal to at least 600 gallons per dwelling
unit shall be obtained on a sustained basis.
G.
No more
than a total of 49 lots may be created either simultaneously or sequentially
from a parent parcel for which both central sewer and water services
do not exist. Should more than 49 total lots be applied for at any
subsequent time, the applicant will have to provide a plan for providing
central sewer and water services to the previously subdivided lots
at no additional costs to their present owners as part of his present
application for subdivision. Such plan shall include the formation
of Town improvement districts and the provision of individual hookups
to the existing lots. Existing lot owners shall be responsible for
operation and maintenance costs and also for the increase and improvement
of facilities necessitated at a subsequent time. The requirement for
central water and sewer services can only be waived upon the following
conditions:
[Added 2-5-2009 by L.L. No. 1-2009]
(1)
The
Town Board waives the requirement upon advice of the Planning Board,
satisfactory proof that the waiver is warranted by soils characteristics
of the particular site, and a determination of a public benefit in
the waiver, including but not limited to the provision of affordable
housing. The determination of the Town Board shall be a legislative
determination; and
(2)
The
appropriate state and/or county agencies have either concurred in
the waiver as warranted by soil characteristics or have indicated
a lack of jurisdiction over the application.
