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.
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.
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.
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.
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.
(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.
