Subdivision design shall preserve, insofar as is possible, the
natural features, terrain and drainage of the land to be developed.
Accordingly, proposed subdivisions which are to be located in areas
characterized by steep slope, wet soils, shallow soils or other physical
limitation for development shall be presumed to have significant problems
requiring special design features or mitigating measures if such problems
are to be satisfactorily overcome. In general, future uses upon land
to be subdivided should be able to blend harmoniously with the surrounding
topography, vegetation, and other natural features, and should avoid
the need for costly land alterations or intricate engineering to overcome
adverse site conditions.
B.
Lots to be buildable. There shall be a buildable area on each proposed
lot of sufficient size and suitably located for a building; an on-lot
wastewater disposal system except where a community sewage system
is proposed; and a well or other water source except where a community
water system is proposed. Such buildable area shall be free from such
restrictions as wetlands, wet soils, ponded or wet areas, flood hazard,
slope greater than 25%, rock outcrops, soil with bedrock close to
the surface, and other conditions which would create difficulties
for home construction or for sewerage treatment. Such buildable area
shall be suitable for an on-site wastewater treatment system consistent
with New York State Department of Health and New York State Adirondack
Park Agency standards.
C.
Access to roads.
(1)
(2)
Access to lots may be through an individual driveway, or through a shared driveway in accordance with § 143-16 herein. (Explanatory note: Subsection C(1)(b) above would allow two lots served by a shared driveway to share a twenty-five-feet-wide easement within which a driveway would be situated. The total minimum road frontage for two such lots would be 25 feet.)
D.
Driveway locations. Each lot shall have a suitable location for a driveway such that driveway slope at the intersection with the roadway does not exceed 3% within 20 feet of the intersection, driveway slope does not exceed 15% over any length, and such that to the extent practicable, sight distance in each direction at the entrance to the roadway complies with the standards of § 143-16 herein.
E.
Lot lines. Side lot lines shall generally be approximately at right
angles to the road except to follow natural features.
F.
Corner lots. Corner lots for residential use shall have extra width
to permit required building setback from both roads.
Features such as historic landmarks and buildings, existing
trails, country lanes, rock outcrops, cliffs, hilltop lookouts, rock
gorges, unique stands of vegetation, significant wildlife habitats,
and similar features of physical or cultural value that provide a
sense of uniqueness to the site shall be preserved where practicable.
The Planning Board may require the provision of a green space buffer
around such features. Shorelines of streams, lakes, and ponds shall
be left in their natural state except for areas where vegetation is
removed in compliance with shoreline vegetative cutting regulations
of the Adirondack Park Agency Act.[1]
[1]
Editor's Note: See the New York State Executive Law,
Art. 27.
Removal or damage to existing mature trees shall be avoided
to the extent practicable, especially if those trees provide privacy
or screening.
A.
Provision shall be made for future road ownership and maintenance
by means of one of the following alternatives:
(1)
Public roads:
(a)
The subdivision road is constructed, dedicated to the Town and
accepted by the Town Board prior to final plat approval.
(b)
The subdivision road is constructed, dedicated to the Town and
accepted by the Town Board and conveyed after final inspection and
posting of a maintenance bond before the first lot is sold. In the
event the road is not accepted by that time, it remains a private
road and will be owned and maintained in accordance with a plan approved
by the Planning Board.
(2)
Private roads:
(a)
The road is conveyed to a homeowners' association pursuant
to the terms of a recorded declaration of covenants and/or deeds.
(b)
The road is owned by the owners of lots in the subdivision pursuant
to the terms of a recorded declaration of covenants and/or deeds.
(c)
The road is maintained in accordance with the terms of a road
maintenance agreement which provides for sharing the obligations and
costs of repair and maintenance. This agreement shall be executed
by the owners of all lots and properties to which access is obtained
by use of said road. The agreement shall run with the land and be
binding on the owners, their successors, distributees and assigns
and shall be recorded in the office of the Hamilton County Clerk simultaneously
with the filing of the approved subdivision plat.
(d)
The road is owned and maintained by some other form of legally
binding recorded agreement which addresses ongoing maintenance responsibilities
of future lot owners.
B.
When any road is dedicated to the Town, the subdivision application
must address the contingency of the Town Board's refusal to accept
and the Planning Board must address that contingency in its decision.
The subdivider is responsible for maintenance of all subdivision roads
until conveyance to the Town or another entity.
All subdivision roads must meet Town of Inlet Minimum road design
and construction standards.
The Planning Board may require that one or more fifty-foot rights-of-way
be reserved in order to provide for future road access to interior
land.
A.
To the extent practicable, all intersections with any public road,
including driveway intersections, shall be designed so that minimum
safe sight distances and other standards set forth in "Policy and
Standards for Entrances to State Highways," State of New York Department
of Transportation publication No. M.A.P. 7.12-34, as such publication
may be amended or superseded from time to time, shall be maintained.
(1)
As set forth in the above-cited publication, the minimum unobstructed
line of sight in each direction at the entrance to a public road shall
be as follows:
|
Design Speed of Highway
(mph)
|
Left Turn
(feet)
|
Right Turn
(feet)
| |
|---|---|---|---|
|
30
|
396
|
286
| |
|
40
|
583
|
484
| |
|
50
|
814
|
770
|
(2)
Said distances shall be measured from the point of entry onto the
public road.
B.
If the location of one or more proposed driveways is such that a
traffic hazard is created on an existing roadway due to inadequate
sight distance, the Planning Board may require an alternative lot
arrangement making use of a shared driveway or short access road which
enters the existing roadway at a safer location.
C.
This section is intended to insure that the best location for a driveway
or entrance to a roadway is chosen given the unique circumstances
of the lot to be subdivided. It is not intended to prevent the subdivision
of a lot, but to minimize any possible hazard.
A.
No more than two lots shall be served by a shared driveway.
B.
Sufficient legal arrangement, such as a right-of-way easement, shall
be made to provide for the future use and maintenance of shared driveways.
C.
Shared driveways shall be constructed so as to be passable by emergency
vehicles during all seasons of the year.
D.
The right-of-way easement for any shared driveway shall be at least
25 feet wide.
E.
Minimum width of the driving surface shall be 12 feet.
F.
Maximum grade shall be 12%.
G.
A shared driveway shall only serve lots occupied by a one- or two-family
dwelling.
A.
Off-site stormwater runoff shall not create damage or difficulty
to downstream properties, shall not overload downstream culverts and
other drainage facilities, and shall not introduce significant amounts
of pollutants to surface waters of the Town of Inlet. Features of
the natural terrain shall be used to the extent practical to reduce
runoff from the site. Retention basins, dry wells and other infiltration
structural devices to reduce runoff from the site may be required
by the Planning Board.
B.
All major subdivisions, as defined herein, and any subdivision that
involves one acre or more of land disturbance shall comply with applicable
Stormwater Phase II permit and state pollution discharge permit requirements
of the New York State Department of Environmental Conservation, including
the preparation of a stormwater pollution prevention plan (SWPPP),
and the construction and/or implementation of all drainage control
measures prescribed by such SWPPP.
C.
Ditch bottoms shall be constructed and maintained to minimize soil
erosion by means of sodding, mulching, netting, stone paving, rip-rap,
or other suitable materials.
D.
All cleared areas associated with the construction of roads and installation
of utilities, excluding those areas comprising road surfaces or shoulders,
all exposed borrow areas, and all cut and fill slopes, including ditch
banks, shall be successfully vegetated to grasses or legumes that
are suited to site conditions.
E.
Areas on which vegetation has been destroyed or removed, excluding
roadways, driveways, building sites and parking lots, shall be successfully
revegetated or otherwise stabilized with structural erosion control
measures.
F.
Upon completion of final grading of any area, mulching and revegetation
operations shall begin within five working days and shall be completed
within 10 working days; provided, however, that where this is not
possible or desirable because of weather conditions or other circumstances,
such revegetation operations shall be performed as soon as reasonably
possible.
G.
Revegetation measures shall be evaluated for compliance between 180
and 360 calendar days from the date of planting. Corrective action
shall be instituted and completed within 15 working days upon determination
of unsatisfactory compliance. In making their determination, the Planning
Board or designee thereof shall consider rills, gullies, loss of mulch,
loss of seed, or failure of seed germination as evidence of unsatisfactory
compliance.
Provisions shall be made to ensure the continuity of existing
trail systems and, where deemed appropriate, the Planning Board may
also require unimproved walking trails within the subdivision, connecting
to existing or possible future trails through adjacent properties
or along roadways.
Clearing and grading for road and utility installations shall
be limited to that which is necessary to construct safe roads, provide
needed roadside and embankment drainage, construct stable cuts and
fills and provide for utility installation.
If at any time before or during construction of improvements
it is demonstrated that unforeseen conditions make it necessary to
modify the location or design of improvements, the Chairman of the
Planning Board may authorize such modifications, provided these modifications
are within the spirit and intent of the Planning Board's approval
and do not amount to a waiver or substantial alteration of any improvements
required by the Board. The Chairman shall issue any authorization
under this section in writing, and shall submit a copy of such authorization
to the Planning Board at its next meeting. If such authorization should
result in a modified final plat, the revised final plat shall be filed
with the County Clerk.
A.
Where the Planning Board finds that compliance with these requirements
would cause unusual hardship or unreasonable difficulties, and/or
where the lots created by subdivision have no reasonable expectation
of being used for any use except an open space use, such as forestry,
agriculture, or open space recreation, the minimum requirements of
this article may be waived or modified provided that:
B.
The Planning Board shall record the reasons for any such waiver in
its minutes.
