Town of Kent, NY Article V General and Specific Requirements and Design Standards

§ 66A-21 General standards.

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 while avoiding or minimizing, to the extent practicable, adverse environmental effects.

B. Preservation of any significant existing features. The Planning Board may require in subdivision design and through the subsequent dedication of conservation easements the preservation of natural features which add value to residential developments and to the community, including but not limited to large trees or wooded areas, stone walls, watercourses and falls, beaches, historic and prehistoric areas and similar irreplaceable assets.

C. Conformance with Zoning Law[1] and Comprehensive Plan. Subdivision plats and improvements provided shall conform to the Zoning Law of the Town of Kent and shall be in harmony with the Putnam County and Town Comprehensive Plans.

[1] Editor's Note: See Ch. 77, Zoning.

D. Minimum lot area. No lot in a subdivision shall have less than the minimum lot area and minimum lot dimension required by Chapter 77 for the district in which it is located, unless otherwise provided in the Zoning Law.

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 has been duly posted and is sufficient in amount to assure the construction of the necessary road or roads.

F. Preservation of topsoil. No topsoil shall be removed from any subdivision 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.

G. 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 design and specification approved by the Planning Board Engineer and the Town Highway Superintendent, subject to the review and recommendation of the Planning Board Planner and the Planning Board Environmental Consultant.

H. Floodplains. 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 these regulations. 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 or commercial occupancy or 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.

§ 66A-22 Specific design standards.

A. Lots to be buildable. The lot arrangement shall be such that, in constructing a building in compliance with Chapter 77,[1] there will be no foreseeable prohibitions to development based upon soils, topography or other natural conditions, including the presence of regulated wetlands or floodplain areas.

[1] Editor's Note: See Ch. 77, Zoning.

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 yard requirements for the zoning district in which the lot is located as set forth in Chapter 77.

C. Access from public streets. Each lot of any subdivision shall be designed to provide satisfactory access for routine and emergency purposes from the community's system of public streets and roads.

D. Private roads, driveways and common driveways. Private roads, driveways and common driveways shall be designed, installed and maintained in accordance with Chapter 57 of the Town Code.[2]

[2] Editor's Note: See Ch. 57, Roads and Driveways.

§ 66A-23 Private water supply and sewage disposal facilities.

A. 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 Putnam County Health Department.

B. To the extent authorized by the Public Health Law and the Putnam County Health Department, the Planning Board may, in accordance with these regulations, waive this requirement for proposed lots in excess of five acres and instead accept a note on the plat advising of applicable Health Department permit requirements which must be met prior to the issuance of a building permit by the Town of Kent.

§ 66A-24 Utilities.

A. Service connections. When public franchise utilities are to be installed, the subdivider shall submit to the Planning Board written assurances from each public utility company that such company will make the necessary service installations within a time limit and according to specifications satisfactory to the Planning Board, which shall include undergrounding in strict accordance with regulations promulgated by the New York State Public Service Commission.

B. Easements or other releases. The final plat shall depict all necessary easements where required for the installation of public franchise utilities.

§ 66A-25 Parks and playgrounds.

[Amended 3-7-2017 by L.L. No. 2-2017]

The Planning Board may require adequate, convenient and suitable areas for parks and playgrounds or other recreational purposes to be reserved on the plat but in no case more than 10% of the gross area of any subdivision. The area shall be shown and marked on the plat "Dedicated for Park or Playground Purposes." Alternatively, if the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in any such plat or is otherwise not practical, the Board may require, as a condition to approval of any such plat, a payment in lieu of land to the Town of Kent in an amount as set by resolution of the Town Board. In requiring the set-aside of land for recreation or the payment of a fee in lieu of recreation land, the Planning Board shall adhere to the requirements of § 277, Subdivision 4, of the Town Law, which provides for the reservation of parkland on subdivision plats containing residential units.

§ 66A-26 Private roads; common driveways; private driveways.

All private roads, common driveways and private driveways shall be designed and constructed in accordance with the requirements of Chapter 57 of the Town Code.[1]

[1] Editor's Note: See Ch. 57, Roads and Driveways.

§ 66A-27 (Reserved)