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.
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.
(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.
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]
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]
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.
D.
Horizontal curves.
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.
(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]
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.
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]
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.
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.
(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.
