Town of Wawayanda, NY
Orange County
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Table of Contents
Table of Contents
The purpose of this article is to ensure functional and attractive subdivision design, to minimize adverse impacts and to ensure that a project will be an asset to the community. In acting upon plats, the Planning Board shall require in the public interest, among other conditions, that the tract shall be adequately drained and that the streets shall be of sufficient width and suitable grade and suitably located to accommodate prospective traffic and to provide access for emergency equipment to all buildings and recreation areas. The Planning Board shall further require that all lots shown on the plats 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 minimum specifications established by the municipality. In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. Said standards shall be considered to be minimum requirements.
A. 
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.
B. 
Subdivisions shall conform to the Official Map and Zoning Law[1] of the Town and shall be in harmony with the Town Comprehensive Plan and Orange County Comprehensive Development Plan.
[1]
Editor's Note: See Ch. 195, Zoning.
C. 
Land to be subdivided shall be laid out and improved in reasonable conformity with existing topography in order to minimize grading, retain as much as possible the natural contours and vegetation, limit stormwater run-off, conserve the natural soil, cover and trees, to avoid adversely affecting groundwater and aquifer recharge and to minimize adverse effects of shadow, noise, odor, traffic, drainage and utilities on neighboring properties and promote and preserve public health and safety.
D. 
No topsoil, sand or gravel or other minerals shall be removed from any lots shown on any subdivision plat, except for the purpose of improving such lots and for the laying out of streets shown thereon, without further required approvals in accordance with the Town Zoning Law. Topsoil removed shall be restored to a depth of at least six inches and properly seeded and fertilized on areas of such lots not occupied by buildings or structures.
E. 
Existing features which enhance the attractiveness of the site or the community as a whole, such as trees, watercourses, ponds, historic places, stone walls and similar irreplaceable assets, shall be preserved to the greatest extent possible through harmonious design of the subdivision.
F. 
The following specific areas shall be preserved as undeveloped open space, to the extent consistent with the reasonable utilization of land, and in accordance with applicable local, state and federal regulations:
(1) 
Unique and/or fragile areas, including wetlands as defined in Section 404, Federal Water Pollution Control Act Amendments of 1972, and delineated on wetland maps prepared by the United States Fish and Wildlife Service, or as defined in Article 24 of the New York State Environmental Conservation Law; and fields verified by on-site inspection.
(2) 
Significant trees or stands of trees, defined as the largest known individual trees of each species in the state, large trees approaching the diameter of the known largest trees or species or clumps of trees that are rare to the area or of particular horticultural or landscape value.
(3) 
Lands in the floodplain, as defined by Article 36 of the New York State Environmental Conservation Law or by the Code of the Town of Wawayanda.[2]
[2]
Editor's Note:  See Ch. 92, Flood Damage Prevention.
(4) 
Steep slopes in excess of 20% as measured over a ten-foot interval, unless appropriate engineering measures concerning slope stability, erosion and resident safety are taken.
(5) 
Habitats of endangered or threatened wildlife or plants, as identified on federal or state lists.
(6) 
Historically significant structures or sites, as listed on the Federal or State Registers of Historic Places, or as identified as locally significant by the Town of Wawayanda.
(7) 
Prime agriculture soils.
(8) 
Visually prominent landscape features, such as fields, pastures and/or meadows on knolls and hilltops.
(9) 
Trees and hedges running along road walls, stone walls, streams and property lines.
G. 
All streets and other improvements shall be constructed and installed in conformance with Town specifications and requirements.[3]
[3]
Editor's Note: See Ch. 158, Street Specifications.
H. 
The Planning Board may vary lot areas and dimensions, yards and setbacks, in accordance with the cluster provisions found in § 195-56 of the Town Zoning Law, to encourage and promote flexibility, economy and environmental soundness in layout and design.
I. 
Where possible, residential lots shall front on rural or suburban streets, not on through streets.
J. 
Every lot shall provide access sufficient for emergency vehicles as well as for its intended purpose.
K. 
The placement of units in residential developments shall take into consideration existing topography and vegetation, privacy, building height, orientation, drainage and aesthetics.
L. 
Reasonable landscaping shall be provided at site entrances, in public areas, along streets and adjacent to buildings. The type and amount of landscaping required may vary with the site conditions and the type of development. The plant or other landscaping material that best serves the intended function shall be selected. Landscaping materials shall be appropriate for the local environment, soil conditions and availability of water. The impact of the proposed landscaping plan at various time intervals shall also be considered. The Planning Board may require the proposed landscaping be bonded by the applicant by posting of a separate bond with the Town of Wawayanda in an amount as determined by the Planning Board for the replacement of the landscaping for a period of one year.
A. 
The arrangement, character, extent, width, grade and location of all proposed streets shall be designed to permit the safe, efficient and orderly movement of traffic; to meet but not exceed the needs of the present and future population served; to have a simple and logical pattern; to respect natural features and topography; to present an attractive streetscape; and shall be considered in their relation to existing and planned streets, to topographical condition and to public convenience and safety.
B. 
Streets shall be designed and constructed to accommodate the prospective traffic and afford access for emergency vehicles and snow removal and other 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 provide a safe and convenient system.
C. 
The arrangements of streets in the subdivision shall provide for the continuation of streets into adjoining subdivisions and for proper projection of 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 sewer, water and drainage facilities. Where, in the opinion of the Planning Board, topographic or other conditions make such continuance or projection undesirable or impracticable, the above conditions may be modified. The subdivision street traffic network shall provide an orderly local access progression from rural streets to suburban streets to through streets.
D. 
Suburban and rural streets shall be designed to serve the needs of the neighborhood so that their use by through traffic will be discouraged.
E. 
Where a tract is subdivided into lots substantially larger than the minimum size required in the zoning district in which a subdivision is located and where potential for further subdivision exists, such parcels and streets serving said lots 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. 
Cul-de-sac roads shall not be created to provide access to residential lots except in situations where, in the determination of the Planning Board, a through road cannot be provided. In making a determination as to whether or not to permit a cul-de-sac, the Planning Board shall consider the physical characteristics of the real property to be subdivided; improvements to be made within the subdivision; the number of lots to be created; lot size; maintenance of improvements; and public health, safety and welfare considerations. In the case of dead-end streets, where needed or desirable, the Planning 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 or proposed through streets.
G. 
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 locate as many of the building sites as possible at or above the grade of the street. Grades of streets shall conform as closely as possible to the original topography.
H. 
Where a subdivision abuts or contains an existing or proposed through street, the Planning Board may require internal access, or such other treatment as may be necessary, for adequate protection and buffering of residential properties from through and local traffic.
I. 
No new street shall be accepted until water, sanitary sewer, stormwater, underground electric and/or gas, street lighting and underground telephone systems have been installed in the street, curbs have been constructed and the road base has been brought to the proper grade and alignment with approved materials and all improvements are in compliance with the Town of Wawayanda Street Specifications.[2]
[2]
Editor's Note: See Ch. 158, Street Specifications.
J. 
Where appropriate, the Planning Board may require a pedestrian system for safety. In conventional developments, walks shall be placed parallel to the street, with exceptions permitted to preserve natural features or to provide visual interest. In planned developments, walks may be placed away from the road system, but they may also be required parallel to the street for safety reasons.
K. 
Bikeways, bicycle-compatible roadways, bicycle lanes or bicycle paths may be required at the discretion of the Planning Board.
L. 
On culs-de-sac or other dead-end streets, the designer shall provide adequate area for storage of snow.
M. 
Monuments shall be placed at the right-of-way angle points, points of curvature and other necessary points as may be required by the Board and the location thereof shown on the map of such plat.
[Amended 9-2-2010]
[1]
Editor's Note: See also Ch. 158, Street Specifications.
A. 
Right-of-way width.
(1) 
Street right-of-way widths shall be shown on the general plans submitted to the Planning Board and shall not be less than as outlined in Chapter 158, Street Specifications.
(2) 
The right-of-way width for internal private roads in multifamily, commercial and industrial developments shall be determined by the Planning Board 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, while considering conditions imposed by climate, terrain and natural features.
B. 
Street grades.
(1) 
Street grades shall not exceed the following:
Street Type
Grade
Through
8%
Commercial
8%
Suburban and rural
10%
(2) 
No street grade shall be less than 1%.
(3) 
No street grade shall exceed 2% within the right-of-way of any intersection, measured from the projected edge of pavement of the intersected street.
(4) 
The Planning Board may allow maximum suburban and rural street grades of 12% for short distances, not exceeding 10% of the overall length of the road, where special circumstances warrant, provided that the Planning Board determines that unsafe conditions would not result.
C. 
Changes in grade shall be connected by vertical curve transitions of such lengths as determined from Figure 8 of the Street Specifications[1] and American Association of State Highway and Transportation Officials (AASHTO) Standards.
[1]
Editor's Note: See Ch. 158, Street Specifications.
D. 
Horizontal curves.
(1) 
Streets shall have the following minimum curve radii (as required from the center line of the road):
Speed Limit
(mph)
Minimum Radius
(feet)
30 or less
150
35 or greater
250
(2) 
Curve functions for all horizontal curves on plans shall include radius, arc length and central angle.
E. 
A tangent at least 100 feet long shall be introduced between reverse curves on through and commercial streets.
F. 
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 less than 60º.
G. 
Intersections of suburban and rural streets with through or commercial streets shall be minimized in order to avoid creating hazards and delays. Such intersections shall be at least 800 feet apart.
H. 
The center line of a street shall cross an intersection as a straight line. Street jogs at intersections with center line offsets of less than 125 feet shall not be permitted.
I. 
Property lines at street intersections and turnarounds shall be rounded with curves of a minimum radius of 25 feet or of a greater radius where the Planning Board may deem it necessary.
J. 
Sight distance.
(1) 
Minimum sight distance, measured 10 feet from the street edge of pavement at an eye height of 3.5 feet to an object height of 4.0 feet, shall be maintained as follows:
Speed Limit
(mph)
Minimum Sight Distance
(feet)
35 or less
325
40
400
45
450
50
500
55
550
(2) 
Adequate sight distance shall be verified on the site by the Town Engineer and Highway Superintendent.
(3) 
Sight easements and maintenance covenants may be required to ensure that sight distance is not obstructed.
K. 
Dead-end streets or culs-de-sac.
(1) 
The length of permanent dead-end streets or culs-de-sac shall not exceed four times the minimum lot width required in the Zoning Law[2] for the applicable zoning district.
[2]
Editor's Note: See Ch. 195, Zoning.
(2) 
Where a through road is designed and bonded, the temporary cul-de-sac length shall not exceed six times the minimum lot width required in the Zoning Law for the applicable zoning district.
(3) 
Permanent and temporary dead-end streets shall be provided, at the terminal end, with a cul-de-sac with a minimum right-of-way diameter of 140 feet and a minimum pavement outside diameter of 120 feet. The Planning Board, with the advice of the Town Highway Superintendent, may approve an equally safe and convenient alternate form of turnaround.
(4) 
Cul-de-sac and turnaround grades shall not exceed 5%.
(5) 
Turnarounds for temporary dead-end streets shall be indicated on plats with a notation that temporary right-of-way land outside the future proposed through street right-of-way shall revert to abutting property ownership when the street is extended.
(6) 
The Planning Board may require the reservation of easements to provide for the continuation of pedestrian traffic, utilities, drainage and for snow storage.
(7) 
Performance bonds for temporary dead-end streets or culs-de-sac shall include improvements of the street from the temporary turnaround to the limit of the proposed extension.
L. 
All proposed streets shall include proposed street names on the plats. All street names shall be approved by the Town Board and 911 Coordinator. Proposed street names shall be substantially different and coordinated with local emergency services so as not to be confused in sound or spelling with present names. Streets that join or are in alignment with streets of an abutting or neighboring property shall bear the same name.
M. 
Where a subdivision borders or includes existing roads that do not conform to street right-of-way widths as shown on the Official Map or that do not conform to the width requirements of this chapter, or when the County or Town Comprehensive Plans or Highway Departments indicate plans for the realignment or widening of a road that would require use of some of the land in the subdivision, the subdivider shall be required to provide a dedication of land for widening or realigning such roads on the plat, along one or both sides of such streets. Land dedicated for such purposes may not be counted in satisfying yard or area requirements of the Zoning Ordinance.[3]
[3]
Editor's Note: See Ch. 195, Zoning.
N. 
(Reserved)[4]
[4]
Editor's Note: Former Subsection N, regarding certificates of occupancy issued for dwelling units serviced by public streets, was repealed 5-3-2007 by L.L. No. 3-2007.
O. 
Street trees must be provided where deemed necessary by the Planning Board. Street trees are to be spaced at forty-foot intervals on both sides of the street outside the right-of-way and shall be a minimum 2 1/2 inches in caliper, measured at a height of four feet above existing grade. Such street trees shall be proposed in accordance with § 162-21L of these regulations.
A. 
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 30 feet in width for such utilities or drainage facilities shall be provided, centered on rear or side lot lines where possible or across property outside the right-of-way 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, graded and improved where required. Easements shall be indicated on the plat by metes and bounds description. 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 appropriate width and location as determined by the Board after review by the public utility companies or municipal department concerned.
B. 
Where subdivision improvements are traversed by a watercourse, drainageway or other drainage feature, a drainage easement defined by metes and bounds conforming substantially to the lines of such feature, of sufficient length and width to provide for widening, construction and maintenance, may be required by the Planning Board. Where easements are not provided, it shall be noted on the subdivision plat that the individual property owner is responsible for maintaining such drainage feature.
C. 
Pedestrian easements may be required by the Planning Board to provide pedestrian access and thoroughfare.
D. 
The Planning Board may require proposed easements for access by emergency vehicles to ponds and other water sources and other appropriate improvements for public safety considerations.
E. 
Conservation easements, as provided for in Environmental Conservation Law Article 49, may be requested to preserve desirable natural features and conditions.
Improvements shall be designed and constructed in accordance with Town of Wawayanda specifications and as required by the Planning Board. All improvement design and installation shall be approved by the Town Engineer and Highway Superintendent. All subsurface construction under roadways shall be completed prior to the paving of streets.
A. 
Streets shall be constructed in conformance with the minimum standard requirements of the Town Road Specifications.[1]
[1]
Editor's Note: See Ch. 158, Street Specifications.
B. 
If determined necessary by the Planning Board, curbs, sidewalks and street lighting shall be provided to adequately serve the future residents of the subdivision and the community.
C. 
Street signs and traffic control signs shall be installed as required by the Planning Board and in accordance with Town Highway Department requirements and the latest edition of the New York State Manual of Uniform Traffic Control Devices.
D. 
Driveways.
(1) 
Driveways shall be installed in approved locations. Driveways must provide emergency vehicle access to all buildings pursuant to specifications required by the Town Engineer.
(2) 
Adequate sight distance must be available at all driveway locations.
(3) 
Driveways may serve not more than one lot unless specifically approved by the Planning Board.
(4) 
Driveway grades shall not exceed 15%. All driveways with grades in excess of 10% shall be paved with a minimum of two inches of asphaltic concrete top course for the entire length prior to issuance of a certificate of occupancy.
(5) 
Driveways shall slope from the street at a grade of not greater than 2% percent for a minimum distance of 20 feet measured from the edge of the pavement.
(6) 
As a minimum, all driveways shall be paved and properly crowned for a minimum of 20 feet from the edge of the pavement.
(7) 
Turnarounds shall be provided to prevent vehicles from backing on to public roads.
E. 
Utilities.
(1) 
The Planning Board shall require all utilities to be installed underground.
(2) 
Service connections to all lots shall be provided for all utilities and shall extend to the lot property lines. The developer shall, at his own expense, install the necessary bases, connections and metal utility poles for the street lighting of the development, as required.
(3) 
Written assurance may be required by the Planning Board stating that any involved utility company, public or private, will provide service and service installations, as required, to the proposed development within a specified time period. The developer shall also contact the telephone, electric and gas companies and have underground facilities installed in the street right-of-way and on the lots. These requirements are under Public Service Commission and Planning Board rulings.
(4) 
Utility companies shall allow for the future location of facilities and prevent accidental damage to buried facilities by physically marking their location, documenting their as-built location and/or uniformly aligning them with streets or other physical features.
(5) 
Conduit placed beneath roadways shall be capable of withstanding the anticipated load and shall meet requirements for AASHTO H-20 loading.
F. 
Drainage improvements.
(1) 
A stormwater management system and other drainage improvements shall be installed as required. Stormwater drainage systems shall be designed to protect natural waterways, convey upstream and on-site stormwater runoff to a natural watercourse or to a storm drainage facility, provide protection from the storm event and prevent property damage and loss of life.
(2) 
Drainage systems shall be designed in relation to the drainage pattern affecting the areas involved, with proper provision to be made for adequate stormwater control 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. Drainage facilities shall be located in the street right-of-way, where feasible, or in perpetual unobstructed easements of appropriate length and width. A culvert or other drainage structure shall, in each case, be of adequate size to accommodate the potential runoff from the entire upstream drainage area, whether inside or beyond the subdivision area. The design and size of drainage structures shall be subject to the approval of the Town Engineer.
(3) 
Drainage structure capacity shall be based on anticipated runoff from the following storm frequencies:
(a) 
For watersheds with drainage areas of less than 320 acres, all structures shall be designed to convey and control peak runoff for a twenty-five-year storm event.
(b) 
For watersheds with drainage areas of between 320 and 640 acres, the structures shall be designed to convey and control peak runoff for a fifty-year storm event.
(c) 
For watersheds with drainage areas larger than 640 acres (one square mile), all structures shall be designed to convey and control peak runoff for a one-hundred-year storm event.
(4) 
Drainage facilities shall be designed to control stormwater runoff so that peak runoff flow rates after development do not exceed peak flow rates prior to the proposed development. Deviation from this requirement may be permitted by the Planning Board only when the subdivider proves to the satisfaction of the Board that no detrimental effects will result and special circumstances warrant.
(5) 
Drainage facilities shall be designed, at a minimum, to attenuate "first flush" accumulated contaminants contained in initial runoff during a storm event and shall be in compliance with the New York State Department of Environmental Conservation's most current publication regarding reducing the impacts of stormwater runoff from new development.
(6) 
The subdivider's engineer shall study all drainage considerations and submit a written drainage report on the effect of the proposed development on the existing drainage basin and downstream drainage facilities, including those outside the area of the development. This report shall also adequately support the sizing and capacity of all existing and proposed drainage structures. Such study shall be reviewed by the Town Engineer.
(7) 
Adequate drainage of individual lots and dwellings, including footing drain, roof, driveway and other impervious surface runoff, shall be required by the Planning Board.
(8) 
Site grading necessary for proper drainage shall be indicated on the plans.
G. 
A developer shall install water mains and sanitary sewers with services to the right-of-way line. All such utilities shall be designed in accordance with Town specifications and with the guidelines established by the New York State Department of Health and the New York State Department of Environmental Conservation. Proposed and as-built prints of the water and sanitary sewer improvements shall be given to the electric, gas and telephone company and the Town.
H. 
Erosion and sedimentation control.
(1) 
Erosion and sedimentation control plans are to be submitted to the Planning Board. Such plans shall include adequate temporary and permanent measures for the control of erosion and siltation, governed by the guidelines and policies contained herein, the most current United States Department of Agriculture (USDA) publication regarding New York guidelines for urban erosion and sedimentation control and the most current New York State Department of Environmental Conservation (NYSDEC) publication regarding reducing the impacts of stormwater runoff from new development.
(2) 
Submitted erosion and sedimentation control plans may be subject to review by the Orange County Soil and Water Conservation District.
(3) 
The following measures, among others, shall be utilized to control erosion and sedimentation and stabilize all areas disturbed during site work and construction:
(a) 
The smallest practical area of land shall be disturbed at any one time during construction.
(b) 
When land is exposed during construction, the exposure shall be kept to the shortest practical period of time.
(c) 
Temporary vegetation, mulch, silt fences, hay bale dikes and other measures shall be used as necessary to protect areas disturbed during clearing, grading and construction.
(d) 
Temporary or permanent sediment basins (silt traps) shall be installed and maintained to remove sediment from stormwater runoff.
(e) 
Runoff shall be temporarily or permanently diverted to avoid flowing over or through disturbed areas.
(f) 
Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after construction.
(g) 
Permanent final vegetation, drainage structures and erosion and sedimentation control measures shall be installed as soon as practical during construction.
(h) 
The development plan shall be fitted to the topography and soils so as to create the least erosion potential.
(i) 
Natural vegetation shall be retained and protected to the greatest extent possible.
(j) 
The natural topography shall be maintained to the greatest extent possible.
(k) 
New drainage swales shall be stabilized, as necessary, immediately following construction.
(4) 
Control measures must be installed prior to the commencement of any site work, including clearing and grading.
(5) 
The estimated cost of constructing and maintaining the required control measures shall be included in the performance bond.
I. 
All rights-of-way shall be properly graded and prepared for vegetation establishment. Rights-of-way shall be paved, seeded, or sodded, and landscaped in coordination with the Town Highway Superintendent and Planning Board.
J. 
All improvement shall be constructed and completed in close coordination with the Town Engineer and Highway Superintendent to ensure that adequate inspections are performed.
A. 
The size, width, depth, shape and orientation of lots and minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated; and lot dimensions shall conform to the requirements of the Zoning Law.[1]
[1]
Editor's Note: See Ch. 195, Zoning.
B. 
Lots to be buildable. The lot arrangement shall be such that in constructing a building in compliance with the Zoning Law, there will be no foreseeable difficulties for reasons including, but not limited to, topography, soil types, wetlands, floodplains or other natural conditions. All lots must contain a buildable portion of 5,000 square feet providing sufficient suitable area for dwelling, driveway construction and other permitted accessory structures; additionally, lots to be served by subsurface sewage disposal systems must have an additional buildable portion of 5,000 square feet which includes suitable area for absorption fields and reserved area. This buildable portion shall be so positioned as to allow the siting of buildings meeting all zoning district requirements, as well as the following criteria:
(1) 
Maximum slope of less than 15%.
(2) 
A soil permeability of between five and 60 minutes per inch (unless served by public sewerage). Soils with permeability between one and five minutes will be evaluated by the Planning Board on a case-by-case basis, taking into consideration such factors as proximity to surface waters, aquifers, public water supplies, bedrock and seasonal high groundwater.
(3) 
A depth of undisturbed usable soil with respect to seasonal or prolonged high-water table and bedrock of not less than four feet.
(4) 
No potential for flooding or ponding.
(5) 
Any alterations of existing conditions or other mitigating measures to overcome severe or moderate soil limitations must be approved by the Planning Board with the recommendation of the Town Engineer.
C. 
Soils testing is required for septic system design. A minimum of one deep test pit and one percolation test per system shall be witnessed by the Town Engineer or his or her representative for those subdivisions not required to obtain Orange County Department of Health approval. The Planning Board may require that a subsurface soil investigation be conducted by a licensed engineer and witnessed by the Town Engineer to determine the soil bearing capacity, stability, permeability and other properties that may be questionable.
D. 
All side lines of lots shall be substantially at right angles to straight street lines and radial to curved street lines, unless deviation from this rule will produce a better street or lot plan, as determined by the Planning Board.
E. 
Corner lots shall maintain the appropriate front building setback per the Town Zoning Law.
F. 
Access from public streets.
(1) 
The subdivision of land shall be such as to provide each lot with satisfactory access to 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 an effective natural screen, such as shrubs or landscape berms along the full width of the rear property line to screen the rear yard from adjacent traffic.
(3) 
Access to existing county or state roads shall conform to county or state specifications, and the required permits must be submitted to the Planning Board.
G. 
Driveway locations shall be indicated on the plat. Adjacent lots shall have driveways combined at the road cut, if possible.
H. 
Where land has been, or shall be, dedicated or reserved for widening of existing streets, lots shall begin at the limits of the reservation and all setbacks shall be measured from such line.
I. 
Lots should not be of such depth as to encourage the later creation of a second lot at the front or rear. Lot dimensions shall be well proportioned, and length-to-width ratios shall not exceed 2.5:1 unless the Planning Board determines that extenuating circumstances justify the irregular lot shape.
J. 
Where a tract is subdivided into lots substantially larger than the minimum size required in the Zoning Law,[2] such parcels and streets serving said lots shall be arranged so as to allow logical further resubdivision and the location of future streets in accordance with the requirements contained in this chapter. Land which may be used for future development shall be of suitable dimensions for permissible forms of development.
[2]
Editor's Note: See Ch. 195, Zoning.
K. 
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, safety barriers and freight access as recognition of the relationship between the railroad and the subdivision.
L. 
No lot may be approved without plans for providing satisfactory water and sewage disposal facilities.
M. 
Parcels of greater than five acres that are not proposed for building purposes shall be proved to be "buildable" by means of satisfactory soils testing prior to subdivision approval.
N. 
Where the property to be subdivided is next to, or includes, a stream rated as Class A or better by the NYSDEC, a three-hundred-foot setback for all proposed septic systems shall be maintained.
O. 
Criteria for flag lots.
(1) 
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.
(a) 
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.
(b) 
Each flag lot must meet all bulk requirements for the zoning district applicable, and the combined lot width of the flag lot and front lot so created must be twice the minimum lot width 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 line to the front yard line of the flag lot shall not be less than 200 nor greater than 400 feet.
(c) 
Each lot created must be provided with a driveway at a grade not to exceed 15%, and all driveways shall be paved with a minimum six inches of crushed stone subbase and two inches of wear course paving.
(d) 
Notwithstanding any inconsistent provisions of the Zoning Law,[3] flag lots shall be permitted for the erection and maintenance of single-family dwellings only.
[3]
Editor's Note: See Ch. 195, Zoning.
(2) 
No further subdivision of a flag lot created after the effective date of this amendment shall be allowed. A note shall be placed upon the subdivision map further evidencing such restriction against further subdivision, and the same shall be placed in all deeds of conveyance of such lot.
To provide for the establishment of adequate land for parks, playgrounds, recreation and schools, or other public use shown on the Town Comprehensive Plan, the Planning Board shall require either the reservation of land or the payment of a fee to the Town, to be used for said land acquisition or improvements.
A. 
The Planning Board may require the reservation of land for park or recreational purposes to be designated on the plat. The land area required to be reserved for these purposes shall not exceed 10% of the total gross area of the subdivision, but the applicant may choose to offer a larger area. Such reservation must be of character, extent and location suitable for the development of a park, playground or other recreational purpose. In general, such reservation shall have an area of at least 10 acres and adequate street access. The Planning Board may require that the developer satisfactorily grade and seed any such recreation areas shown on the plat.
(1) 
Such reserved area may be dedicated to the Town by the subdivider, if approved by the Town Board.
(2) 
Such reserved 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.
B. 
In cases where the Planning Board finds that, because of the size, topography, location or character of the subdivision, land for park, playground or other recreation purposes 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 recreation facility nor would a private recreational facility serve the public interest, the Planning Board may waive the requirement that the plat show land reserved for such purposes. The Planning Board shall then require, as a condition to final approval of the plat, a payment to the Town of a fee in lieu of land reservation. Such fee shall be of the amount specified and approved by the Town Board in the most current Town fee schedule. Such fee shall be used for the purchase and development of sites for parks, playgrounds or other recreational purposes. If the Town Board feels that recreational facilities only partially serve the public interest, the Board may approve a partial fee in lieu of providing additional parkland.