The design standards and requirements set forth in this article
shall be observed as minimums by the subdivider in the design of each
subdivision within the Town of Lumberland. The Planning Board shall
require more restrictive standards where necessary to protect health,
safety and welfare of the public and where circumstances unique to
the property so dictate.
Except where such area would be less than one acre, not less
than 10% of the gross area of the entire tract, exclusive of lakes
or ponds, shall be reserved for common open space directly accessible
from the lots to be created. Such open space shall be suitable for
recreational use of the residents of the subdivision or the general
community. The following and similar facilities shall meet this requirement:
swimming pools, tennis courts, riding and cycling paths, playgrounds,
community centers, and other open areas. Such areas as are designated
for play lots, parks and other outdoor recreational facilities shall
be of a size, shape and other physical characteristics so as to be
free of health and safety hazards and suitable for the designated
use. No portion of the ten-percent requirement shall be met with wetlands,
slopes exceeding 15% in grade or other otherwise undevelopable areas.
Sites so dedicated shall not be deemed to be accepted by the Town
unless and until the Town Board has taken formal action to accept
the same. The subdivider and the Town may also agree to otherwise
provide recreational land for the use of residents pursuant to the
authority of § 277 of the Town Law, including fees in lieu
of dedication.
In the event that any subdivider shall intend to make land changes
by grading, filling, excavating or the removal or destruction of the
natural topsoil or vegetative covering thereon in accordance with
a subdivision plan submitted to the Town, the same shall only be approved
and accomplished after the developer has submitted to the Town an
erosion and sedimentation control plan. Erosion control measures shall
be employed as necessary to prevent loss of soil from erosion and
also to prevent resulting property damage, siltation and contamination
of watercourses or impoundments. Erosion control measures may include
hay bales, silt fences or other provisions or combinations thereof.
Multifamily dwelling projects shall be considered major subdivisions and processed accordingly. The standards of §
250-45 of the Town of Lumberland Zoning Law shall also apply.
Proposed conservation subdivisions shall be processed as major subdivisions and in accord with §
250-18 of the Town of Lumberland Zoning Law.