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.
Conformity to Official Map and Comprehensive Plan.
Subdivisions shall conform to the streets and parks shown on the Official
Map of the Town as may be adopted and shall be properly related to
the Town Comprehensive Plan as it is developed and adopted by the
Town Planning Board.
Subdivisions shall be so designed as to provide a
street pattern which is curvilinear in design. The design of the street
pattern shall be based upon a local residential or minor street pattern
connected to a residential collector street system.
The arrangement of streets in new subdivisions shall
make provision for the continuation of existing streets in adjoining
areas, or their proper protection where adjoining land is not subdivided,
at the same or greater width, insofar as such may be deemed necessary
for public equipments.
All right-of-way street widths and street roadways
shall be measured at right angles or radial to the center line of
the street and shall not be less than the following:
The grades of streets shall be in accordance with
specifications established by the Town Engineer, and such grades as
submitted on subdivision plats shall be approved by him prior to final
approval by the Planning Board.
All proposed subdivisions shall be designed to provide
access to adjacent properties. When a proposed subdivision abuts an
existing subdivision, the subdivider shall make every attempt to design
the street system of the proposed subdivision to connect with dead-end
or stub streets of the existing subdivision.
Unless there is the expectation of extending
the street through to the adjoining property, a cul-de-sac street
shall not be brought to the property boundary line but shall be placed
so that the lots can back on the property line of the subdivision.
All culs-de-sac shall have a turnaround at the
end of the street which shall have a right-of-way radius of 65 feet;
the outer curb at the turn shall have a minimum radius of 50 feet;
and a twenty-foot paving width which will permit a turning radius
of 30 feet at the inner curb.
If a dead-end street is of a temporary nature, a similar
turnaround shall be provided and provisions made for future extension
of the street through to adjacent property and reversion of the excess
right-of-way to the adjoining properties.
New half or partial streets shall not be permitted,
except that wherever a proposed subdivision borders a half or partial
street, the Planning Board may require that the other part of the
street be platted in the proposed tract if it is found that such a
requirement would increase the effectiveness of the circulation system
in the area.
Arterial streets shall not be intersected by
local residential streets and/or collector streets less than 800 feet
apart, measured from center line to center line.
To avoid confusion, no street shall have a name
which will duplicate or nearly duplicate the names of existing streets.
The continuation of an existing street shall have the same name.
The minimum radius of horizontal curve, minimum
length of vertical curves, and minimum length of tangents between
reverse curves shall be in accordance with specifications established
by the Town Engineer, and said items shall be approved by him prior
to final approval of the subdivision plat by the Planning Board.
The lot size, width, depth, shape, orientation, and
the minimum building setback lines shall be appropriate for the location
of the subdivision and for the type of development and use contemplated.
All lots shown on the subdivision plat must conform to the minimum requirements of Chapter 275, Zoning, as to area and dimensions, for the zone in which the subdivision is located. However, in the event of utilizing § 278 of the Town Law, the Planning Board may use its discretion in determining lot sizes.[1]
Where extra width has been dedicated for widening
of existing streets, lots shall begin at such extra width line, and
all setbacks shall be measured from such line.
Where there is a question as to the suitability of
a lot or lots for their intended use due to factors such as rock formations,
flood conditions or similar circumstances, the Planning Board may,
after adequate investigation, withhold approval of such lots.
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 275, Zoning, and to provide for convenient access, circulation control, and safety of street traffic. Block lengths shall not exceed 1,200 feet nor be less than 400 feet; blocks abutting arterial streets shall have a minimum length of 1,000 feet and may exceed 1,200 feet. Blocks over 800 feet in length may be required to have a crosswalk, if necessary, to facilitate pedestrian circulation to a school, park, recreation area, shopping center, or other similar neighborhood facility. The minimum block width for two tiers of lots shall be 250 feet or twice the minimum lot depth as specified in Chapter 275, Zoning. Where double frontage lots are necessary, the minimum block width shall be 150 feet.
Blocks intended for commercial or industrial
use shall be designed specifically for such purposes with adequate
space set aside for off-street parking and service facilities.
Easements. An easement shall be provided for all natural
drainageways and all utility lines when such utility line or lines
do not fall within a dedicated right-of-way. All easements shall be
platted on the sketch plat and subdivision plat. A clause shall be
inserted in the deed of each lot affected by an easement indicating
that the easement exists and its purpose. Except as further required
in this section, easements shall have a minimum width of 10 feet.
Where a subdivision is traversed by a drainage way, channel, or stream,
a drainage way easement conforming substantially with the lines of
such water course shall be provided. The easement shall be twenty-foot
wide or such width as will be adequate to preserve natural drainage
and provide sufficient width for maintenance. Where it is found that
additional easement width is needed, such width shall be determined
by the Planning Board in consultation with the Town Engineer. To the
fullest extent possible, easements, shall be centered on or adjacent
to rear or side lot lines. All utility lines which are primarily intended
to provide service to the lots within the subdivision shall be installed
underground at a depth and at such locations as will minimize the
risk of interruption of services and to the highest standards and
specifications of applicable utility services and municipal authorities.
All lot areas which are not covered by structures
or paving shall be properly seeded and/or landscaping by the developer
in conformity with the planting plan of the subdivision.
Each lot shall be provided with a minimum of two trees
which shall be in addition to the street shade trees. This requirement
may be waived by the Planning Board in wooded areas where the subdivider
intends to preserve existing trees. Said trees shall meet and be installed
in accordance with the standards of the American Association of Nurserymen.
When a proposed subdivision borders upon an existing
commercial or industrial establishment, or any other use which, in
the opinion of the Planning Board, may be visually detrimental to
the tranquility of the future residents of the subdivision the Planning
Board may require a landscape buffer zone to screen the subdivision
from the visually noncompatible use.
Topsoil moved during the course of construction shall
be redistributed so as to provide a minimum depth of six inches of
cover to all areas of the subdivision and shall be stabilized by seeding
or planting. At no time shall topsoil be removed from the subdivision
without written permission from the Planning Board.
To the fullest extent possible, all existing trees
and shrubbery shall be conserved by the subdivider. Special consideration
shall be given to the arrangement and ultimate improvement or development
of the lots to this end. Precautions shall also be taken to protect
existing trees and shrubbery during the process of grading the lots
and roads. Where there is a question as to the desirability of removing
a group of trees, which serve to add interest and variety to the proposed
subdivision, in order to allow for use of the land for a lot or lots,
the Planning Board may, after proper investigation, withhold approval
of such lot or lots. Where any land other than that included in public
rights-of-way is to be dedicated to public use, the developer shall
not remove any trees from the site without written permission from
the Planning Board.
Where as subdivision is traversed by a natural lake,
pond, or stream, the boundaries or alignment of said watercourse shall
be preserved unless, in the opinion of the Planning Board, a change
or realignment will enhance the development and beauty of the subdivision
or the utilization of such features by the future residents of the
subdivision. All proposed changes in water course alignment shall
be in accordance with the New York State Environmental Conservation
Law.[2]
Unique physical features such as historic landmarks
and sites, rock outcroppings, hilltop lookouts, desirable natural
topography, and similar features shall be preserved if possible.
Mapping. If any portion of the land within the subdivision
is subject to inundation or flood hazard by stormwater, such fact
and portion shall be clearly indicated on the sketch plat and a prominent
note on each map whereon any portion shall be shown.
Use. Land subject to flooding, and land deemed by
the Planning Board to be otherwise 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.
Self-imposed restrictions. The owner may place restrictions on the development greater than those required by Chapter 275, Zoning. Such restrictions, if any, shall be indicated on the final subdivision plat.
Modification of standards. The Planning Board may
modify the specified requirements in any individual case where, in
the Board's judgment, such modification is in the public interest
or will avoid the imposition of unnecessary individual hardship.
Land shall be reserved for park, playground, open
space, or other recreational purposes in locations designated on the
Town Comprehensive Plan, or elsewhere where the Planning Board deems
that such reservations would be appropriate. Each reservation shall
be of an area equal to 10% of the total land area within the subdivision,
but in no case shall a reservation be less than five acres. The area
to be reserved shall possess the suitable topography, general character,
and adequate road access necessary for its recreational purposes.
Where a subdivision is too small to establish an adequate
recreation area site, or where the land in a subdivision is unsuitable
in character, or where the Town Comprehensive Plan or good planning
judgment would not locate a recreation area, the applicant will be
required to provide a cash equivalent of $50 per lot, separate from
the performance bond and deposited with the Town Clerk at the time
of subdivision plat approved for the account of the Town of Sullivan
Park, Playground, and Open Space Fund to be used for acquisition of
such areas in suitable locations.
Where the Planning Board requires land to be set aside
for parks, playgrounds, or other recreational purposes, the Board
shall require that the site be graded, loamed and seeded, and may
require it to be fenced.
When area for park, playground, recreational purposes,
or open space shall have been required on the subdivision plat, the
approval of said subdivision plat shall not constitute an acceptance
by the Town of such an area.