Any subdivider who proposes to develop a subdivision in the Town of Stockport shall observe all general requirements for land subdivision as herein provided.
A. 
Character of land. Land to be subdivided shall be of such character that, in the opinion of the Planning Board, it can be used safely for building purposes without danger to health or peril from fire, flood or other menace and with a minimum of detrimental effects on the environment.
B. 
Preservation of any significant existing features. The Planning Board may require, through subdivision design and the subsequent dedication of conservation easements, the preservation of natural features which add value to residential developments and to the community, such as large trees or wooded areas, watercourses and falls, beaches, historic spots and similar irreplaceable assets. In particular, all natural watercourses shall be protected from development encroachment by having the required minimum width or depth for all building lots measured from a point which lies a minimum of 75 feet from the center line of any DEC-classified stream or creek or from the boundary of any DEC-classified freshwater wetland.
C. 
Conformance with Official Map and Master Plan, if any. Subdivision plats and improvements provided shall conform to the Official Map Chapter 120, Zoning, of the Town of Stockport and shall be in harmony with the Master Plan, if any.
D. 
Minimum lot area. No lot in a subdivision shall have less than the minimum lot area and minimum lot dimensions required by Chapter 120, Zoning, for the district in which it is located, unless otherwise provided in the Chapter 120, Zoning, or as provided for residential cluster development by Article VII of this chapter.
E. 
Plats with access through other municipalities. Whenever access to a subdivision is by crossing land in another municipality, the Planning Board may require assurance from said municipality that such access is adequately improved or that a legally adequate performance guaranty or letter of credit has been duly posted and is sufficient in amount to assure the construction of the necessary road or roads.
F. 
Replatting. Replatting of all or part of land covered by an existing plat which has been laid out prior to compulsory subdivision plat review, approval and filing shall comply with this chapter as now required.
G. 
Preservation of topsoil. No topsoil shall be removed from any land in the Town, except that in areas over which heavy equipment will be operated, the topsoil shall be stripped and stockpiled on the property. When final grades have been established and construction activities have been completed, the entire property shall be suitably graded and, to the extent practicable, recovered with topsoil, except that portion of the site covered by buildings or included in the roads.
H. 
Watercourses. Where a watercourse separates a proposed street from abutting property, provision shall be made for access to all lots by culverts or other permanent drainage structures. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way, not less than 30 feet in width. All such structures and rights-of-way shall be of a design and specification approved by the designated Town Engineer and the Town Highway Superintendent.
I. 
Floodplains.[1] If any portion of the land within the subdivision is subject to periodic inundation or flood hazard caused by stormwater, this portion shall be clearly indicated on any submissions required by this chapter. In cases of doubt, the Planning Board may require the submission of a flood hazard study delineating the limits of the one-hundred-year floodplain. Such study shall be conducted by a licensed professional engineer.
(1) 
Land subject to flooding and land deemed by the Planning Board to be otherwise uninhabitable shall not be platted for residential occupancy nor for any such other use that may increase danger to health, life or property or aggravate the flood hazard.
(2) 
Any subdivision, including all proposed improvements and construction, must comply with all further applicable provisions of the National Flood Insurance Act of 1968, including all amendments thereto.
[1]
Editor's Note: See also Ch. 68, Flood Damage Prevention.
The subdivider shall additionally conform to all subdivision design standards as herein provided. These standards shall be considered minimum standards and shall be modified or waived by the Planning Board only as provided for in §§ 105-38 and 105-39 of this chapter.
A. 
Lots to be buildable. The lot arrangement shall be such that in constructing a building in compliance with Chapter 120, Zoning, there will be no foreseeable prohibitions to development based upon soils, topography or other natural conditions, including the presence of wetlands or floodplain areas.
B. 
Corner lots. Corner lots shall be of sufficient dimensions so that any structure placed thereon shall conform to the building setback line on both streets, as well as side yard requirements, for the zoning district in which the lot is located.
C. 
Minimum lot size. Except as provided by Article VII of this chapter in the case of cluster development, each lot shall be no smaller than the minimum lot area, lot frontage and lot width required by the Chapter 120, Zoning, for the district in which it is located.
D. 
Driveway grade.[1] Driveway grades between the street pavement and the building setback line shall not exceed 10%, with a negative grade of at least 0.5% provided within 20 feet of the street pavement. The remainder of the driveway shall be designed and built to afford suitable access to the building site in accordance with the provisions of the New York State Uniform Fire Prevention and Building Code and to prevent adverse impacts from either stormwater drainage or erosion on the public street or roadway.
[1]
Editor's Note: See also § 102-37.
E. 
Access from public streets.
(1) 
The subdividing of land shall be such as to provide each lot with satisfactory access, either directly or via suitably improved private streets, as may occur in the case of a cluster subdivision, for routine and emergency purposes from the community's system of public streets and roadways.
(2) 
A lot of less than 300 feet frontage fronting on a county or state highway shall be designed as to share a common curb cut with an adjacent lot, if either adjacent lot has not been previously granted a curb cut permit. When more than three lots are proposed to be subdivided from a parcel with frontage on a county or state highway (or there is a possibility of creating four or more lots equal in size to the average area of the lots proposed for subdivision), frontage for all such lots shall be on internal streets, not on the county or state highway. Each lot permitted to front on a county or state highway shall provide for an improved on-site turnaround so as to obviate the necessity of any vehicle from backing onto such highway. Similar provision on Town highways shall be encouraged.
(3) 
Any access shall be constructed with a driveway apron installed wholly to the edge of the right-of-way and of the same material specification as the adjoining street.
F. 
Access from private streets. Access from privately owned and maintained streets, as may be specifically authorized in accordance with § 280-a of the Town Law, shall be deemed acceptable only if such streets are designed and improved, in accordance with § 105-14B of this chapter, and means satisfactory to the Planning Board are provided for the long-term ownership and maintenance of said privately owned and maintained streets.
A. 
General objectives. Streets shall be of sufficient width, suitably located and adequately constructed to accommodate the prospective road maintenance equipment. The arrangement of streets shall be coordinated such that they compose a convenient system, cause no undue hardship to adjoining properties and render no property inaccessible from an existing street or from a proposed street in a subdivision for which a completion bond or similar performance guaranty or letter of credit has been posted.
B. 
Arrangement of streets. To the extent practicable, the arrangement of streets in the subdivision shall provide for the continuation of principal streets of adjoining subdivision 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 services. Any stub street or other intended through street shall be constructed wholly to the property line and shall be provided with a temporary turnaround with a pavement radius of at least 40 feet. A note on the subdivision plat shall state that the land included within the turnaround which is outside the normal street right-of-way shall revert to abutters upon continuation of the stub street and shall be suitably regraded and seeded.
C. 
Street connections. Subdivisions containing 20 or more lots shall have at least two connections with existing public streets, with streets shown on the Town's Official Map as may be developed in accordance with § 270 of the Town Law, or streets shown on an approved subdivision plat for which a performance bond or letter of credit has been posted.
D. 
Cul-de-sac streets.
(1) 
Cul-de-sac or permanent dead-end streets shall not be created to provide access to residential lots except in situations where, in the view of the Planning Board, a through street cannot reasonably be provided due to the physical characteristics of the subdivision parcel and adjoining properties. Where a cul-de-sac street is authorized, either a permanent dead-end street or as a temporary dead-end street pending completion of a through road network, not more than 12 single-family residential lots may gain access from such cul-de-sac street. Not more than one cul-de-sac street shall be authorized within any subdivision.
(2) 
A turnaround with a radius of at least 60 feet and a pavement radius of at least 50 feet shall be provided at the end of any cul-de-sac or permanent dead-end street.
E. 
Minimum design standards. Streets and related improvements shall be laid out and constructed in accordance with Chapter 102, Streets and Sidewalks, Article II, Street Specifications.
Adequate lands for parks and other public open space purposes shall be provided in any subdivision of land for residential purposes throughout the Town of Stockport.
A. 
Amount of land dedicated. In general, the Planning Board shall require that 10% of the total land area within the subdivision be set aside and shown on the plat for park and public open space purposes, including trails and other linkages between neighborhoods. The minimum area of contiguous open space acceptable for this use shall be five acres; a smaller public open space may be approved by the Planning Board if the difference in area between the open space offered and the five-acre minimum may reasonably be expected to be provided by future subdivision of adjacent land for residential purposes. All lands designated on the plat as park or public open space must be deemed suitable for this purpose by the Planning Board based upon analysis of the lands' topographic, geologic, hydrological and locational characteristics. The Planning Board may establish such conditions on the subdivision concerning access, use and maintenance of such park and public open space lands as deemed necessary to ensure the preservation of the lands, in perpetuity, for their intended purposes. Such conditions shall be clearly noted by the licensed land surveyor and/or professional engineer on the plat prior to final plat approval and subsequent recording of the plat in the office of the Columbia County Clerk.
B. 
Information to be submitted. In the event that an area to be used for park or public open space is required to be shown, the subdivider shall submit, prior to final plat approval, to the Planning Board, drawings at a scale of not less than 20 feet to the inch of such area and the following features thereof:
(1) 
The boundaries of said area, giving lengths and bearings of all straight lines; and radii, lengths, central angles and tangent distances of all curves.
(2) 
Existing features such as streams, ponds, clusters of trees, rock outcrops and structures, existing and proposed.
(3) 
Existing and, if applicable, proposed changes in grade contours of said area and of the area immediately adjacent, for a distance of not less than 100 feet, with such contours to be at an interval of not more than two feet.
(4) 
Plans for improvements of said area, not limited to grading, seeding, fencing, landscaping, the provision of play and related equipment and the address of conditions relating to the protection of the public health and safety.
C. 
Payment in lieu of dedication. In cases where, because of the size, topography or location of the subdivision or because of the size of the individual lots provided within the subdivision or of the proposed open space, the requirement for land dedication or reservation for parks and other public open space purposes would be deemed unreasonable or undesirable by the Planning Board, the Planning Board shall alternatively require, under § 277 of the Town Law, that a payment be made into a special fund for Town recreation site acquisition and/or improvement in lieu of such land dedication or reservation within the subdivision. Such payment shall be a condition of approval of the final plat and shall be assessed in accordance with the subdivision fee schedule established and annually reviewed by the Town Board upon recommendation of the Planning Board. No final plat shall be signed by the Chairman of the Planning Board until such payment has been received by the Town Clerk and receipt therefor provided to the Planning Board.
A. 
Placement. Underground improvements required by the Planning Board in accordance with § 105-13 and public franchise utilities shall be placed in the street right-of-way between the street paving and the right-of-way line. Where topography makes such placement impracticable, perpetual unobstructed easements at least 20 feet in width shall be provided for along lot frontages abutting the street lines, with satisfactory access to the street. Wherever possible, easements shall be continuous from block to block, and their layout shall be as regular as possible. Subject to the discretion of the Town Board, an underground public improvement or utility operated for revenue by the Town or by a special district may be installed by the Town in a private street, provided that a public easement of satisfactory size is obtained for such improvement or utility. Before the street is paved, the subdivider shall install underground service connections for all required improvements and utilities to the property line of each lot within the subdivision.
B. 
Service connections.
(1) 
Water. Where an appropriate public water main already exists and is physically and legally accessible, the subdivider may connect into said main and provide a water connection for each lot in accordance with Article 12 of the Town Law, the Public Health Law and other applicable laws, rules and regulations. Where an appropriate water main does not exist or is not accessible, the subdivider shall install, at his own expense, such main together with all necessary valves, cutoffs, fire hydrants, pumps, storage tanks, meters and other equipment necessary to make such water system conform to the standards of the Town and other permit-approving agencies.
(2) 
Sanitary sewers. Where an appropriate public sanitary sewer system is reasonably accessible physically and legally, the subdivider shall install, at his expense, the necessary corrections into the system and provide a sewer connection for each lot.[1]
[1]
Editor's Note: See also Ch. 95, Sewers.
(3) 
Storm drainage system.
(a) 
The subdivider shall install all necessary storm drainage sewers and appurtenant facilities at his expense, in accordance with standards of the Town and of all authorities having jurisdiction. Where an appropriate storm drainage system is reasonably accessible, the subdivider shall make proper connection thereto. Otherwise, the subdivider shall provide appropriate means and methods for stormwater runoff satisfactory to the Planning Board and all other authorities having jurisdiction. In either event, the storm drainage facilities provided shall be fully consistent with storm drainage design standards which may be promulgated and from time to time reviewed and modified by the Planning Board.
(b) 
The drainage system shall be large enough to accommodate potential runoff from the entire upstream drainage area, whether inside or outside of the subdivision. The designated Town Engineer shall approve the design and size of facilities based on anticipated runoff from a twenty-five year storm under conditions of total potential development permitted by Chapter 120, Zoning, in the watershed. The cost of a culvert or other drainage facility in excess of that required for the particular subdivision may be deemed to be the responsibility of the Town or may be prorated among the upstream property owners.
(c) 
The subdivider's engineer shall also study and report on the effect of each subdivision on the existing downstream drainage system outside the area of the subdivision; and this report shall be reviewed by the designated Town Engineer. When 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 of one-hour duration, the Planning Board shall notify the Town Board of such potential condition. In such case, the Planning Board shall not approve the plat until provision has been made for the improvement of said condition.
A. 
Adequate provision shall be made for the convenient and safe movement of pedestrians and bicyclists in any subdivision of land throughout the Town of Stockport.
B. 
To the extent considered practicable by the Planning Board and in consideration of public health, safety and convenience, the Planning Board may require that additional or alternatively located pedestrianways (either pedestrian path, sidewalk or bikeway) be provided within a residential subdivision to provide access to parks or public spaces, school sites, neighborhood shopping facilities or similar destinations. Any such pedestrianway may be situated within either a public right-of-way or established within a suitable easement.
Where public water supply and/or sewage disposal facilities are not available, the Planning Board shall ascertain as a part of subdivision plat review and approval that each prospective lot and dwelling unit may be adequately served by acceptable water supply and sewage disposal facilities and ensure that all such on-site water supply and sewage disposal facilities shall be designed and installed in accordance with the requirements of the Town of Stockport and the Columbia County Health Department.
Trees shall be planted on both sides of a newly installed street or roadway, in locations approved by the Planning Board, except where unnecessary due to the presence of significant, preservable existing vegetation, which shall be identified on the subdivision plat. Street trees shall generally:
A. 
Be located near the property line and be spaced approximately 50 feet apart, subject to variations made necessary by driveways and street corners as well as by the species of trees planted;
B. 
Have a caliper of three inches or larger, measured at breast height, and be not less than 10 feet in height; and
C. 
Be approved as to species by the Planning Board.