The purpose of the following section is to insure that the highest standards of site, building, and landscape design are conscientiously met through the use of qualified technical and aesthetic judgment, compatible with the Master Plan of the Town. In acting upon plats, the Planning Board shall require among other conditions, in the public interest, that the tract shall be adequately drained, and the streets shall be of sufficient width and suitable grade and suitably located to accommodate the prospective traffic and to provide access for firefighting equipment to buildings. The Planning Board shall further require that all lots shown on the plats shall be adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace. Required improvements shall be designed and constructed to conform to the specifications as established by the Town. In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. The said standards shall be considered to be minimum requirements and may be waived by the Board only under circumstances set forth in Article VI herein.
A.
Character of land. Land to be subdivided shall be of such character
that it can be used safely for the development of open spaces or building
purposes without danger to health or peril from fire, flood or other
menace or loss or damage to adjacent properties.
B.
Conformity to Official Map, Chapter 235, Zoning, of the Code of the Town of Montgomery, and Master Plan. Subdivisions shall conform to the Official Map and Chapter 235, Zoning, of the Town and these regulations and shall be in harmony with the Comprehensive Plan and all state, county and Town land use requirements.
C.
Specifications for required improvements. All required improvements shall be constructed or installed to conform to the Town specifications, which may be obtained from the Building Inspector or Town Clerk. These specifications shall include all appropriate regulations, including the New York State Fire Prevention and Building Code, Town Road Specifications, Town Water and Sewer Code, Chapter 235, Zoning, and Stormwater and Erosion Control Regulations as well as applicable state and county regulations.
D.
All lots to be usable. Since all lots within a commercial, industrial
or residential subdivision could be sold upon approval, a planned
demonstration that a usable building site with related facilities
and safe and adequate access for all lots must be prepared to the
satisfaction of the Planning Board prior to approval. This requirement
applies even if the note "not for development purposes at this time"
or "not for development purposes without Planning Board approval"
is noted on such lot. This requirement has been established regardless
of lot area.
E.
Requirement
for deed and plat notification of right to farm. Prior to approval
of any application for subdivision, resubdivision or lot line change,
the Planning Board shall require that each and every deed conveying
all or any portion of the lands which lie within an agricultural district
thereby subdivided, as well as on any plat filed in the office of
the County Clerk, contain the following record notice to and waiver
by grantees of such present or future proximate farming uses, which
provision shall be made to run with the land: "By accepting title
to this property, the grantee hereby acknowledges notice that agricultural
activities exist throughout the Town and that there are presently
or may in the future be farm uses adjacent or in close proximity to
the within-described premises. The grantee acknowledges that farmers
have the right to undertake sound agricultural activities as defined
by the State of New York which may generate dust, odor, fumes, noise
and vibrations associated with agricultural practices, and that these
activities are permitted under the Town of Montgomery's Right-to-Farm
Law, and, by acceptance of this conveyance, the grantee does hereby
waive objection to such activities."
[Added 2-28-2023 by L.L. No. 2-2023]
A.
Width, location, and construction. Streets shall be of sufficient
width, suitably located, and adequately constructed to conform with
the Master Plan, and to accommodate the prospective traffic and afford
access for firefighting, snow removal and storage and other road maintenance
equipment. In certain cases, the Planning Board may require extra
width to accommodate children waiting for school buses. The arrangement
of streets shall be such as to cause no undue hardship to adjoining
properties and shall be coordinated so as to compose a convenient
traffic circulation system.
B.
Arrangement. The arrangement of streets in the subdivision shall
provide for the continuation of principal streets of adjoining subdivisions,
and for proper projection of principal 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 sewers, water and drainage facilities.
Where, in the opinion of the Planning Board, topographic or other
conditions make such continuance undesirable or impracticable, the
above conditions may be modified. The subdivision street traffic network
shall provide an orderly local access progression from marginal streets
to collector streets, to main highways and may include a continuous
network of public pedestrian walks, either independent or incorporated
within vehicular rights-of-way, to connect all properties and public
areas where desirable at the discretion of the Planning Board. Stub
streets may be required to be cleared and graded up to the property
lines and covered with grass or paved at the discretion of the Planning
Board. Houses adjacent to such stub street may be required to have
driveways off the stub street when possible to avoid future conflicts
with street intersections.
C.
Minor streets. Minor streets shall be so laid out that their use
by through traffic will be discouraged, but will be interconnected
to provide for multiple access points to collector streets and for
emergency services.
D.
Special treatment along major arterial streets. When a subdivision
abuts or contains an existing or proposed major arterial street, the
Planning Board may require marginal access streets, reverse frontage
with screen planting contained in a nonaccess reservation along the
rear property line, deep lots with rear service alleys, or such other
treatment as may be necessary for adequate protection of residential
properties and to afford separation of through and local traffic.
E.
Provision for future re-subdivision. Where a tract is subdivided
into lots substantially larger than the minimum size required in the
zoning district in which a subdivision is located, such parcels shall
be arranged so as to allow the opening of future streets and logical
further re-subdivision in accordance with the requirements contained
in these regulations.
F.
Block size for residential areas with lots of one acre or less on
average.
(1)
The length, width, and shape of blocks or acreage within bounding
roads shall be determined with due regard to:
(2)
Blocks generally shall not be less than 400 feet nor exceed 12 times
the required minimum lot widths. In general, no interior block width
shall be less than twice the normal lot depth. In blocks exceeding
800 feet in length, the Planning Board may require the reservation
of an easement of a minimum 20 feet wide, or up to 30 feet wide as
specified by the Planning Board through the block to provide for the
crossing of underground utilities and pedestrian traffic where needed
or desirable and may further specify, at its discretion, that a four-foot
wide paved sidewalk be included. Each normal block shall be planned
to provide two rows of lots, but irregular shaped blocks, oversize
blocks or "super-blocks" indented by culs-de-sac, parking courts,
or loop streets and containing interior block parks or playgrounds
will be acceptable when properly designed, as determined by the Planning
Board. Such blocks shall include adequate off-street parking, facilities
for pedestrian access from streets to all lots, proper easements for
utility lines, and satisfactory provision for maintenance of park
and open space, where included.
G.
Intersection with collector or major arterial roads. Intersections
of minor streets with arterial or collector streets shall be held
to a minimum to avoid hazard and delay. Such intersections shall be
at least 800 feet apart, if possible. A distance of at least 150 feet
shall be maintained between center lines of offset intersecting streets.
Grades shall be limited to no more than 2% within 50 feet of an intersection.
H.
Street jogs. The center line of a street shall cross an intersecting
street as a straight line. Street jogs with center-line offsets of
less than 125 feet shall be avoided.
I.
Angle of intersection. 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 60°. To this end, an oblique street
should be curved approaching an intersection. Where three or more
streets intersect, a traffic circle or other special treatment may
be required by the Board. At block corners, the traveled way shall
be rounded with a curve having a radius of not less than 35 feet.
J.
Relation to topography. 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 obtain as many of the building
sites as possible at or above the grade of the streets. Grades of
streets shall conform as closely as possible to the original topography.
K.
Other required streets. Where a subdivision borders on or contains
a railroad right-of-way or limited access highway right-of-way, the
Planning Board may require a street approximately parallel to and
on each side of such right-of-way, at a distance suitable for the
appropriate use of the intervening land (as for park purposes in residential
districts, or for commercial or industrial purposes in appropriate
districts). Such distances shall also be determined with due regard
for the requirements of approach grades and future grade separations.
L.
Widths of rights-of-way.
(1)
Streets shall have the following widths, as set forth in the table
below. (When not indicated on the Master Plan or Official Map, if
such exists, the classification of streets shall be determined by
the Planning Board):
|
Parking Allowances
|
Minimum Right-of-Way
(feet)
|
Minimum Pavement*
(feet)
| |
|---|---|---|---|
|
Collector streets
|
Parking both sides
|
60
|
40
|
|
Local streets
|
Parking 1 side
|
50
|
30
|
|
Suburban rural
|
No parking
|
50
|
22
|
|
Common driveway
|
No parking
|
25**
|
16**
|
|
*
|
Actual pavement or surfacing type and width as well as right-of-way
widths shall be determined by Town, County, State or Highway Specifications
or authorities on a site-specific basis. These widths, unless waived,
are the minimums that will be required by the Planning Board unless
otherwise required by the applicable highway authority.
|
|
**
|
In the case of common driveways, the Planning Board, in its
discretion, may provide for different widths and surface types other
than asphalt/pavement. The surfaced width of the common drive shall
be the minimum that will be required unless waived by the Planning
Board.
|
(2)
The right-of-way width for internal roads in commercial and industrial
developments shall be determined 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. In all
other cases, the Town of Montgomery Highway Specifications shall control.
M.
Improvements. Streets shall be graded and improved with pavements,
curbs and gutters, sidewalks, storm drainage facilities, water mains,
sewers, streetlights and signs, street trees, and fire hydrants (except
where waivers may be requested, and the Planning Board may waive,
subject to appropriate conditions, such improvements as it considers
may be omitted without jeopardy to the public health, safety and general
welfare). Curbs, gutters, sidewalks, street pavements, fire hydrants,
streetlights, shade trees, monuments, water mains, storm sewers, sanitary
sewers and any other improvements that may be required shall be designed
and constructed to conform to the specifications as established by
resolution or local law of the Town Board. Pedestrian easements shall
be improved as required by the Planning Board. All rights-of-way shall
be provided with paved, seeded or sodded areas, properly prepared,
graded and sloped in conformance with good nursery practice. Where
sidewalks and walkways are included within the street's right-of-way,
suitable trees or shrubs may be required to be planted within a specified
area. Such grading and improvements shall be approved as to design
and specifications by the Planning Board, based upon the recommendations
of its Planner, Engineer and/or Landscape Architect. Landscape plans
and specifications shall be provided on a separate plan for review
by the Landscape Architect.
(1)
Fire hydrants. Installation of fire hydrants shall be in conformity
with all requirements of standard thread and nut as specified by the
New York Fire Insurance Rating Organization and the Division of Fire
Safety of the State of New York.
(2)
Streetlighting facilities. Where required by the Planning Board,
streetlighting standards in conformance with the lighting system of
the Town of a design approved by the Planning Board Engineer shall
be installed by the subdivider in a manner and location approved by
the Planning Board. In the case of a subdivision involving a county
or state highway, approval shall be obtained from the County Superintendent
of Highways. Where a new lighting district is to be created or an
existing district expanded, the applicant shall petition the Town
Board to create said district or extended district before final approval.
(3)
Street signs. Street signs of a type approved by the Highway Superintendent
shall be provided by the developer and placed at all intersections
in locations within the right-of-way approved by the Superintendent,
prior to public acceptance of the roads.
(4)
Street trees.
(a)
It is required that shade trees be preserved, and/or furnished
and planted, at the expense of the owner of the subdivision, along
both sides of the road within the subdivision and along an existing
road if the subdivision abuts the same. The quantity of shade trees
shall be calculated by dividing the linear footage of road frontage
(on both sides of the road) by 40. These shade trees shall be planted
in a regular arrangement at approximately forty-foot intervals on
center, or can be planted in a naturalistic arrangement with varied
spacing, with trees no closer than 20 feet and no further than 70
feet apart as directed by the Landscape Architect for the Town. Trees
shall be placed outside of the street right-of-way but no more than
five feet from the right-of-way. All tree varieties, placement, condition
and quality are subject to the approval of the Town Planning Board
prior to and after planting.
(b)
Crowns of trees shall be symmetrical, thick and full. All trees
shall meet the standards of the American Standard for Nursery Stock.
Trees shall be hardy and able to adapt to local soil and climate and
shall be at least two to 2 1/2 inches in caliper. All trees shall
be pruned and staked in accordance with standards set forth by the
International Society of Arboriculture. All street trees shall be
limbed up six feet above finished grade. Street trees shall not be
planted within intersection sight triangles, if possible. If necessary
to plant within sight triangles, larger trees should be specified
and trees must be limbed up to 10 feet above finished grade. Trees
shall not be planted within five feet of underground utilities. Trees
under power-lines shall meet standards set forth by the local power
company. Trees shall be planted at the same relationship to finished
grade as at the nursery, unless wet or highly compacted soils are
encountered. Planting soil shall be at least 24 inches deep, with
a minimum of 12 inches of topsoil, and must encompass an area at least
30 feet in diameter as measured from the trunk of the tree. Topsoil
shall contain a minimum of thirty-percent organic matter. Topsoil
shall be natural, friable, fertile soil, characteristic of productive
soil in the vicinity, reasonably free from stones, clay lumps, roots
and other foreign matter, with a pH level between 6 and 6.8.
(c)
Trees shall be mulched with three inches of double shredded
bark mulch in three-foot diameter circles, keeping mulch away from
the trunk of the tree. All trees shall be warrantied for a period
of two years from the time of planting. During the course of the two-year
warranty, the developer shall replace trees that are missing, that
are more than twenty-five-percent dead, that appear unhealthy or unsightly
and that have lost their natural shape due to dead branches. Any tree
with a dead main leader shall be replaced.
(d)
Street trees shall be native, indigenous medium to large shade
trees unless specified under power lines. Acceptable species include
Sugar Maple, Red Maple, Pin Oak, Scarlet Oak, Red Oak, Swamp White
Oak, and disease-resistant American Elms. Trees specified shall be
trees reasonably resistant to disease or insect infestation. A variety
of trees shall be planted, with no more than one species encompassing
more than 30% of the mix. Trees with weak branching structure, weak
wood, and large fruit shall be avoided. Street trees shall be part
of both the preliminary and final plans.
N.
Utilities in streets. Underground utilities are to be placed in the
street right-of-way between the paved roadway and the street line
to simplify location and repair of utility lines when they require
attention. The subdivider shall install underground service connections
to the property line of each lot within the subdivision for such required
utilities before the street is paved.
O.
Utility and drainage 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
up to 30 feet in width for such utilities or drainage facilities shall
be provided centered on rear or side lot lines or across property
outside the road lines 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 and graded where required. Easements shall be indicated on
the plat. In large scale developments, easements along rear property
lines or elsewhere for utility installation may be required by the
Planning Board. Such easements shall be of the width and location
determined by the Board after consultation with the public utilities
companies or Town departments concerned. All drainage easements shall
be in a form acceptable to the Town and shall be recorded with the
Orange County Clerk at the expense of the subdivider.
P.
Assurance by utilities. As to utilities required by the Planning
Board, the Planning Board may accept assurance from each public utility
company whose facilities are proposed to be installed. Such assurance
shall be given in a letter addressed to the Board and stating that
such utility company will make the installations necessary for the
furnishing of its services within the time therein specified and satisfactory
to the Board.
Q.
Grades. Grades of all streets shall be the reasonable minimum, but
shall be not less than 1.0% nor more than 5% for arterial or major
streets, nor more than 8% for secondary or collector streets, nor
more than 10% for minor streets, but in no case more than 2% within
50 feet of any intersection, except that the Planning Board may approve
a grade up to 14% for minor streets where topographic conditions make
a lesser grade impracticable. Line and grade shall always give a minimum
sight distance along the length of the street and at intersections
to meet current AASHTO (American Association of State Highway and
Transportation Officials) standards and requirements relative to street
functions and traffic speeds.
R.
Changes in grade. All changes in grade shall be connected by vertical
curves of such length and radius as to meet with the approval of the
Planning Board Engineer and generally be in conformance with AASHTO
standards so that clear visibility shall be provided for a safe distance,
as well as a smooth transition.
S.
Curve radii at street intersections. All street right-of-way lines
at intersections shall be rounded by curves with at least a thirty-five-foot
radius.
T.
Steep grades and curves; visibility of intersection. A combination
of steep grades and curves shall be avoided in order to provide visibility
for traffic safety from both oncoming cars and intersections with
both streets and driveways. In order to provide for visibility at
intersections, all intersections with new and existing streets shall
be in conformance with Section 90-70 of the Zoning Law.[1]
U.
Dead-end streets.
(1)
The creation of dead-end or looped residential streets will be encouraged
wherever the Planning Board finds that such type of development will
not interfere with normal traffic circulation in the area or where
through roads are restricted by natural features. In the case of dead-end
streets in developed areas or near major roads or utility services,
the Planning Board may require the reservation of an easement of a
minimum 20 feet wide or up to 30 feet wide as specified by the Planning
Board for utility and/or pedestrian purposes or emergency access easement
to provide for continuation of pedestrian or emergency traffic or
utilities to the next street. Subdivisions containing 20 lots or more
shall have at least two street connections with existing public streets.
(2)
Permanent dead-end or cul-de-sac streets shall be at least 500 feet
in length, shall not exceed six times the required minimum lot width
in length, and shall be equipped with a turnaround as shown in the
Town's street specifications. This requirement of minimum and maximum
dead-end street lengths shall not apply to the RM-1, R-MHC, or B-1
Zoning Districts. For streets in the RM-1, R-MHC or B-1 Zoning Districts
where such minimum and maximum dead-end street lengths shall not apply,
the appropriate length of a cul-de-sac shall be determined by the
Planning Board based on lot types and sizes, adequate access for emergency
services and emergency service equipment, and sound planning design
criteria.
(3)
Dead-end streets shall be measured from the beginning of the right-of-way
with an existing street to the end of the right-of-way at the far
end of the turnaround. Multiple culs-de-sac all beginning at a single
point on an existing street shall be added together to calculate total
length for the purpose of these regulations.
(4)
Cul-de-sac lengths in excess of that described in Subsection U(2) above may only be allowed by waiver by the Planning Board where:
(a)
The additional length is found to be a benefit to the Town as part
of a clustered subdivision; or
(b)
The cul-de-sac cannot be extended due to natural conditions such
as extreme grades, wetlands or water bodies, etc.; or
(c)
The cul-de-sac will be extended into another property or phase of
an existing subdivision to connect development of roadways; and/or
(d)
The road is part of a Comprehensive Plan recommendation where other
objectives such as minimizing construction impacts or gaining conservation
easements might be achieved.
V.
Watercourses. Where a watercourse separates a proposed street from
abutting property, provision shall be made for access to all lots
by means of culverts or other structures of design approved by the
Planning Board Engineer. Realignment or disturbance of natural stream
corridors shall be avoided and natural drainage patterns shall be
maintained to the extent possible.
W.
Curve radii. In general, street lines within a block, deflecting
from each other at any one point by more than 10°, shall be connected
with a curve, the radius of which for the center line of street shall
be dependent upon the posted speed limit. A tangent of at least 100
feet long shall be introduced between reverse curves on arterial and
collector streets. The minimum curve radii shall be based on the table
below:
|
Posted Speed Limit
(mph)
|
Minimum Curve Radii
(feet)
|
|---|---|
|
20
|
110
|
|
30
|
260
|
|
40
|
470
|
|
50
|
770
|
|
55
|
960
|
X.
Service streets or loading space in commercial development. Paved
rear service streets of not less than 20 feet in width, or in lieu
thereof, adequate off-street loading space, suitably surfaced, shall
be provided in connection with lots designed for commercial use.
Y.
Free flow of vehicular traffic abutting commercial developments.
In front of areas zoned and designed for commercial use, or where
a change of zoning to a zone which permits commercial use is contemplated,
the street width shall be increased by such amount on each side as
may be deemed necessary by the Planning Board to assure the free flow
of through traffic without interference by parked or parking vehicles,
and to provide adequate and safe parking space for such commercial
or business district.
Z.
Undersized existing streets. Where a subdivision borders or includes existing narrow roads that are not owned in fee by the Town for a width of 50 feet or do not conform to street widths as shown on the Master Plan or Official Map or that do not conform to the street width requirements of these regulations or when the Master Plan indicates plans for realignment or widening of a road that would require use of some of the land in the subdivision, the subdivider shall be required to show areas for widening or realigning such roads on the plat, marked "Reserved for Road Realignment (or Widening) Purposes" along either one or both sides of such streets of substandard width. If the subdivision is along one side only, 1/2 of the required width shall be dedicated. It shall be mandatory to indicate such reservation on the plat when a proposed widening or realignment is shown on the Town or County Official Maps. Land reserved for such purposes may not be counted in satisfying yard or area requirements of Chapter 235, Zoning. Said reservations may be required to be dedicated to the Town.
AA.
Walkways and sidewalks. Subdivision designs shall indicate consideration
for suitable protection of different types of land uses and the segregation
of vehicular and pedestrian traffic where necessary. The pedestrian
walk network (whether independent or combined with the vehicular road
network) shall conveniently link dwellings to all possible generators
of pedestrian traffic both within or without the subdivision, including,
but not necessarily limited to, parking areas, recreation areas, schools,
stores, bus stops and other walks. Such walks shall be so designed
and constructed so as to encourage their use by their proximity to
generators of traffic, convenient arrangement, evenness and durability
of surface, pleasant appearance, and exposure to scenic areas and
views. Where sidewalks cross driveways, they shall be reinforced and
of the same material and elevation as that on both sides of such driveways.
BB.
Monuments. Monuments shall be concrete or granite, sunk 18 inches
deep. These monuments shall be 30 inches in length, five inches at
the top and six inches square at the bottom and shall be imbedded
the full depth. A map certified by a licensed surveyor showing at
least three survey ties to each monument shall be furnished to the
Town. Concrete monuments shall be furnished with brass cap plates
to provide for accurate center punching of survey points.
CC.
Roads. The requirements contained in "Street Specifications for Subdivision
and Proposed Town Roads for the Town of Montgomery, New York," approved
by the Town Board of the Town of Montgomery and by the Superintendent
of Highways of the Town of Montgomery, and as hereafter may be amended,
shall apply, and all road construction or design shall conform thereto.
A.
Type of name. All street names shown on a preliminary plat or subdivision
plat shall be approved by the Town Board after review by the Post
Office, 911 Coordinator and Town Historian. In general, street names
should reference an historical person or event and shall have names
and not numbers or letters.
B.
Names to be substantially different. Proposed street names shall
be substantially different so as not to be confused in sound or spelling
with present names, except that streets that join or are in alignment
with streets of an abutting or neighboring property shall bear the
same name. Generally, no street should change direction by more than
90° without a change in street name.
C.
Street name signs. See Article IV, § 200-19M(3), above.
E.
Address locations. Street address numbers shall be placed on both
sides of a mailbox, on all houses, and at individual driveways where
common driveways or private streets are involved.
A.
Lots to be buildable. The lot arrangement shall be such that in constructing a building in compliance with Chapter 235, Zoning, there will be no foreseeable difficulties for reasons of topography or other natural conditions. A lot intended for use for single-family or two-family residential purposes must contain a buildable area for a dwelling site, deck and/or patio of not less than 10,000 square feet of land, with a minimum dimension of 50 feet for all lots in excess of two acres, or any size lot with a septic system, and 8,000 square feet of land, with a minimum dimension of 40 feet for all lots of two acres or less or 2,500 square feet for lots with both public water and sewers, meeting all zoning district requirements relative to setbacks, etc., plus meeting the following criteria:
(1)
An average slope of less than 15% without grading (based on natural
existing grading).
(2)
The buildable area shall not contain wetlands, wetland buffer areas,
water bodies or stormwater control easements or facilities.
(3)
The buildable area shall not contain floodway or flood-fringe areas
as shown on the latest FEMA maps.
(4)
The buildable area shall not contain any easements or rights-of-way
of any kind.
(5)
Any alterations of existing conditions for lots to be built as shown
on plans must be approved by the Planning Board Engineer prior to
final plan approval. Any substantial changes to plans for a building
permit must be approved by the Planning Board.
C.
Side lines. All side lines of lots shall be substantially at right
angles to straight street lines and radial to curved street lines,
unless a waiver from this rule will give a better street or lot plan.
D.
Corner lots. In general, corner lots should be larger than interior
lots to provide for proper building setback from each street and provide
a desirable building site.
E.
Driveway access. Driveway access and grades shall be limited as follows:
plus or minus 2% for 20 feet from the street pavement, 10% within
the front building setback line and 15% beyond that point and no more
than 5% within 20 feet of garage entrance or at parking area.
F.
Access from public streets.
(1)
The subdividing of land shall be such as to provide, by means of
a public street, each lot with satisfactory access to an existing
public street.
(2)
Double frontage and reverse frontage lots shall be avoided. Reverse
frontage lots which have their rear yard abutting a collector or major
street shall be provided with effective shrubs or screening along
the full width of the rear property line to screen the rear yard from
adjacent traffic and be provided with a described buffer zone on a
subdivision plat and a restrictive covenant if deemed necessary by
the Planning Board.
(3)
In all cases where lots front on a public street or road, the Planning
Board may require common curb cuts with an adjacent lot, if either
adjacent lot has not been granted a curb cut permit, whenever in its
sole discretion it deems them to be necessary. Common curb cuts and
driveway aprons to each lot shall be paved by the developer and be
bonded as part of the street improvements as required by the appropriate
municipal agency. The requirements of Section 140-50-32 of the Town
of Montgomery Zoning Law[1] regarding common curb cuts and shared parking apply in
commercial districts.
[1]
Editor's Note: So in original. See now, perhaps § 235-16.5C(2), Site plan access and parking requirement.
(4)
When more than four lots are proposed to be subdivided from a parcel
with frontage on a county or state road (or there is the possibility
of creating five or more lots equal in size to the average area of
the lots proposed for subdivision), frontage for all must be on internal
streets (not on the county or state highway). Each lot permitted to
front on a county or state road must provide for an on-site turnaround
so as to obviate the necessity of any vehicle from backing onto such
roadway.
G.
Monuments and lot corner markers. Permanent monuments meeting specifications set forth above in § 200-19BB shall be set at such block corners, angle points, points of curves in streets and other points as the Planning Board Engineer may require, and their location shall be shown on the subdivision plat.
H.
Dedication of land for widening of existing streets. Where extra
width has been dedicated or set aside for widening of existing streets,
lots shall begin at such extra width line, and all setbacks shall
be measured from such line.
I.
Shape of lots. In addition to each lot having a minimum area as prescribed by the bulk requirements of Chapter 235, Zoning, according to the zoning district in which it is located, each residential lot newly created shall be of such shape that a square of the following side dimension may be inscribed within its boundaries:
J.
Topsoil. If any topsoil is removed from its natural position in the
process of grading the subdivision site, such topsoil shall be replaced
to a depth approximately equivalent to that existing prior to such
grading, except in streets, driveways and foundation areas, but in
no case less than a depth of six inches, and 12 inches where trees
or shrubs are to be planted. Topsoil shall contain no less than five-percent
nor more than twenty-percent organic matter nor contain more than
forty-percent fine materials (silt and clay).
K.
Additional standards. 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 and freight access
as recognition of the relationship between the railroad and the subdivision.
L.
House relocation.
(1)
The following note may be required by the Planning Board to be placed
on all future residential subdivision plans prior to final approval.
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"The owner/builder of each lot shall be allowed to relocate
the dwellings shown on the approved final plan without further Planning
Board approval provided the following requirements are met. If all
of these requirements cannot be met, the matter must be referred back
to the Planning Board for further review.
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1.)
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The relocated dwelling remains on 20% of the area of the originally
approved dwelling location.
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2.)
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The relocated house is within required setback lines.
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3.)
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The well shall not be relocated and the sewage disposal shall
not be relocated off the area where approved percolation tests were
recorded. If the project was approved by the Orange County Department
of Health, relocation of wells and sewage disposal systems are subject
to all of the terms and conditions of such approval, including the
prohibition of any such relocations, if so stated.
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4.)
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The driveway meets maximum grade requirements.
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5.)
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The sewage from the dwelling will discharge by gravity to the
sewage disposal field unless a lift or pump station has already been
approved for the lot.
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6.)
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Drainage patterns on the lot may not be changed so as to adversely
impact adjacent properties.
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7.)
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Driveway curb cut or lot access may not be relocated.
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8.)
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House relocation shall not be shifted onto an environmentally
sensitive site feature such as a federal or state wetland or buffer.
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9.)
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House relocation shall not be shifted into a previously approved
agricultural buffer.
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10.)
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House shall not be shifted to a location which is otherwise
in contravention of a requirement of the Subdivision Regulations,
Zoning Law, as may be amended, or of the findings or determination
under the SEQRA for the subdivision of which the house lot is a part."
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(2)
This note shall appear on the site plan or subdivision and a copy
of the plan, plat or map shall be recorded in the Orange County Clerk's
office so as to provide notice to all lot owners.
M.
Water supply. For lots in all subdivisions without central water
supply, the Planning Board may require that wells shall be drilled
and tested for quantity and quality.
(1)
As part of its application and submission, every applicant shall
locate and identify on the proposed plat all existing wells within
200 feet of the outer boundary of the land to be subdivided. The applicant
shall present, through its design professionals, all available information
regarding well yield information in regard to each such well.
(2)
The Planning Board may require the drilling of test wells. If testing
is required, the Planning Board will establish the location and number
of test wells required. The Planning Board in consultation with the
Planning Board Engineer and/or hydrogeologist, shall also specify
the duration of the pumping tests and the extent of monitoring of
adjoining wells based upon information presented by the applicant
and existing hydrogeological data for the area in question.
(3)
Where wells yield significantly below five gpm, a community public
water supply system may be required to serve the project, or additional
wells may be required to be installed and tested.
(4)
All yields shall meet the requirements of 10 NYCRR Part 74, as amended
from time to time.
(5)
All wells shall be set back from the property line and subdivision
boundaries in accordance with the requirements of 10 NYCRR Part 74,
as amended from time to time.
(6)
Any subdivision involving a lot with an existing well and/or sanitary
system that does not conform to current requirements of 10 NYCRR Part
74, as amended from time to time, shall be required to show a replacement
well and/or sanitary system meeting such current requirements on the
subdivision plat, in the event that it shall be needed. It shall not
be required to construct such well or sanitary system unless needed.
N.
Avigation easement (for properties within the Airport Overlay Zone).
(1)
The following note shall be added to all plans of properties located
within the Airport Overlay Zone as shown on the Town of Montgomery
Zoning Map. The blanks before the words "feet" are to be filled in
based on ground elevations at the building locations at the Airport
Overlay height requirement at those points: "No building may be constructed
on any lot of this subdivision with a finished floor elevation higher
than _____ feet, or with a maximum building elevation of _____ feet
for any appurtenance thereto. Heights in feet are referenced to USGS
datum."
(2)
Property within this subdivision will be subject to frequent over-flights
of aircraft and such flights will be expected to produce a level of
noise commonly associated with airport traffic.
(3)
Per Section 60-30 of the Zoning Law[2] and Map of the Town of Montgomery, all applications for
building permits shall include a site survey with accurate USGS elevations
of all construction and the Building Inspector shall refuse to issue
a permit if it is determined there will be a danger to aircraft.
O.
Agricultural note. The following note shall be added to all subdivisions
lying adjacent to or in the area of an active agricultural operation
as determined by the Planning Board during the course of the review
of the subdivision.
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"Property in the area of the subdivision is in active agricultural
operation and production and residents must be aware that such property
may be protected by New York State "right to farm laws" as regulated
by the Department of Agriculture and Markets. From time to time during
and prior to the normal growing season land and crops may be sprayed
from the ground or by air, manure may be applied, and periodic noise
may occur from machinery operation at various times throughout the
day and year. Residents should be aware of this action by the area
property owners."
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Section 85 of the Zoning Law,[1] as amended from time to time, shall be applicable to all
subdivisions and re-subdivisions of land and shall be addressed during
the review and approval of all such applications. The appropriate
notes, based on these requirements, shall be placed on subdivision
plans as required by the Town Engineer and Planning Board. Subdivisions,
in addition to the requirements of Section 85 of the Zoning Law as
amended from time to time, shall satisfy the requirements of this
section:
A.
Removal of spring and surface water. All subdivisions shall be related
to the drainage pattern affecting the areas involved, with proper
provisions to be made for adequate storm drainage facilities. Applications
shall include an engineering assessment of downstream stormwater impacts
resulting from the project and identifying proposed mitigation measures
needed for review and acceptance of the Planning Board. The assessment
shall be prepared by a professional engineer. 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. Such drainage facilities shall be
located in the street right-of-way where feasible, or in perpetual
unobstructed easements of appropriate width. The perpetual unobstructed
easements shall be in favor of and under control of the Town of Montgomery
or a home or condominium association or special drainage district
approved by the Town. A culvert or other drainage facility shall,
in each case, be of adequate size to accommodate the potential runoff
from the entire upstream drainage area, whether inside or outside
the subdivision area. The design and size of this facility shall be
subject to the approval of the Planning Board Engineer.
B.
Drainage structure to accommodate potential development upstream - design criteria. A culvert of other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, not only the anticipated discharge from the property being subdivided but also the anticipated runoff that will occur when property at a higher elevation in the drainage basin is developed. The Planning Board Engineer shall approve the design and size of the facility based on anticipated runoff from the following storm frequencies under conditions of total potential development permitted by Chapter 235, Zoning, in the watershed based on the following design criteria:
(1)
Generally, for watersheds with drainage areas less than 320 acres,
all structures should be designed to carry the peak runoff for a twenty-five-year
storm.
(2)
Generally, for watersheds with drainage areas between 320 and 640
acres, the structures should be designed to carry peak runoff for
a fifty-year storm.
(3)
Generally, for watersheds with drainage areas larger than one square
mile, all structures should be designed to carry peak runoff for a
one-hundred-year storm. Acceptable hydrologic methods shall be: the
Rational or Modified Rational Method for watersheds up to five acres
in size, and Soil Conservation Service[2] Technical Release No. 55, Urban Hydrology for Small Watersheds,
for watersheds in excess of five acres in size.
[2]
Editor's Note: The United States Department of Agriculture’s
Soil Conservation Service (SCS) has been changed to the Natural Resources
Conservation Service (NRCS).
(4)
Provisions for overflow of facilities shall be made for protection
against loss of life and damage to personal property for storms of
one-hundred-year frequency and greater.
(5)
Provision must be made for conveying drainage entering the site from
upland watershed areas.
(6)
Provision must be made for positive drainage from the site to an
existing drainage system or defined drainage course.
C.
Submission requirements.
(1)
The developer shall submit a written stormwater management report
(e.g., engineering assessment) and accompanying data as outlined below:
(a)
Overall watershed map at a scale of one inch equals 2,000 feet
(USGS). Sufficient information must be provided on the mapping to
document general drainage patterns in the project area, drainage from
upland areas, and potential impacts on downstream and adjacent property.
(2)
This report shall be certified by a licensed professional, shall
be reviewed by the Planning Board Engineer, and must be satisfactory
to the Planning Board Engineer.
D.
Land subject to flooding. Land subject to periodic or occasional flooding, or land deemed by the Planning Board to be uninhabitable shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life or property, or aggravate the flood hazard, but such land within the plat may, at the discretion of the Town, be set aside for park purpose or open space in addition to that area which is required in Article IV, § 200-23.
E.
Easements. Where a subdivision is traversed by a watercourse, drainageway,
channel or stream, there shall be provided a stormwater easement or
drainage right-of-way conforming substantially with the lines of such
course and such further width or construction, or both, as the Planning
Board Engineer may deem adequate to the purpose, but in no case less
than 20 feet in width and of such width as to encompass the flood
of record plus three feet in elevation. Drainage easements shall be
carried from the road to a natural watercourse or to other drainage
facilities. When a proposed drainage system will carry water across
private land outside the subdivision, appropriate rights must be secured
and indicated on the plat, and by separate document to be recorded
by the subdivider with the Orange County Clerk at the expense of the
applicant.
F.
House and lot drainage. Drainage of individual lots and dwellings
including footing drains discharging to a free-flowing outlet to assure
proper runoff from roofs, driveways and paved surfaces shall be required
for Planning Board approval. The installation of such facilities shall
be required prior to the issuance of a certificate of occupancy.
Purpose - The purposes of this section are as follows: to provide
an equitable and effective development standard for securing adequate
land for parks, playgrounds, schools and recreation purposes in new
subdivisions throughout the Town; and to preserve natural features
of conservation value in the design and layout of a subdivision, as
set forth in this section. Land to be considered for parkland purposes
shall be of suitable physical qualities to fulfill desired community
goals and not unduly encumbered by easements that compromise the intended
use of the land.
A.
Recreational areas shown on Master Plan.
(1)
Where a proposed park, playground or open space shown on the Master Plan is located in whole or in part in a subdivision, the Board shall require that such area or areas be shown on the plat in accordance with the requirements specified in Subsection B below. Such area or areas may be dedicated to the Town or county by the subdivider if the Town Board approves such dedication. While the plan may show only a general location of such proposed sites, the required reservation of land for recreation purposes must be specifically located and designated on the subdivision plat.
(2)
Residential developments of all varieties place a demand on recreation facilities within the Town. Therefore, during the review of the plans, the Planning Board shall evaluate the demand relative to recreation facilities available in the Town and specifically in the general area of the subdivision. It shall determine if the subdivision lands, or portion thereof, are suitable for use as parkland or if a fee should be assessed for parkland acquisition and/or development as described in Subsection D below.
B.
Parks and playgrounds not shown on Master Plan.
(1)
The Planning Board shall require that the plat show sites of a character,
extent, and location suitable for the development of a park, playground,
or other recreation purpose. The Planning Board may require that the
developer satisfactorily grade and seed any such recreation areas
shown on the plat. Such area or areas may be dedicated to the Town
by the subdivider if the Town Board approves such dedication.
(2)
All lands designated on the plat as park, playground and recreation
area may be retained in private ownership and shall be subject to
such conditions as the Planning Board may establish on the subdivision
concerning access, use and maintenance of such lands as deemed necessary
to assure the preservation of such land, in perpetuity, for their
intended purposes. Such conditions shall be shown on the plat prior
to plat approval and recording.
(3)
If the Town Board does not accept either the dedication or purchase
of the land offered or mapped for recreational purposes, the subdivider
may apply for redesignation of that land from recreational purposes
to residential lots upon the earlier of the following happening:
C.
Information to be submitted. In the event that an area to be used
for a park or playground is required to be so shown, the subdivider
shall submit, prior to final approval, to the Planning Board, three
prints (one on Mylar) drawn in ink showing, at a scale of not less
than 30 feet to the inch, such area and the following features thereof:
(1)
The boundaries of the said area, giving lengths and bearings of all
straight lines; radii, lengths, central angles and tangent distances
of all curves.
(2)
Existing features such as brooks, ponds, clusters of trees, rocks
outcrops, and structures.
(3)
Existing, and, if applicable, proposed changes in grade and contours
of the said area and of areas immediately adjacent.
D.
Waiver of plat designation of area from parks and playgrounds. In
cases where the Planning Board finds that due to the size, topography,
or location of the subdivision, land for park, playground or other
recreation purpose cannot be properly located therein, or, if in the
opinion of the Board it is not desirable, the Board may waive the
requirement that the plat show land for such purposes. The Board shall
then require as a condition to approval of the plat that a fee in
lieu of parkland be paid to the Town Board based on the current fee
schedule and based on the prior findings of the Town Board that residential
development increases the demand for recreational facilities and the
Town Park system should be expanded. Such amount shall be paid to
the Town Board at the time of final plat approval, and no plat shall
be signed by the authorized officer of the Planning Board until such
payment is made. All such payments shall be held by the Town Board
in a special Town Recreation Site Acquisition and Improvement Fund
to be used for the acquisition of land that a) is suitable for permanent
park, playground or other recreational purposes, and b) is so located
that it will serve primarily the general area of the Town in which
the land covered by the plat lies, and c) shall be used only for park,
playground or other recreational land acquisition or improvements.
Such money may also be used for the physical improvement of existing
parks or recreation areas serving the general area of the Town in
which the land shown on the plat is situated, providing the Town Board
finds there is a need for such improvement.
E.
Reserve strips prohibited. Reserve strips of land, which might be
used to control access from the proposed subdivision to any neighboring
property, or to any land within the subdivision itself, shall be prohibited.
F.
Preservation of natural features and trees. The Planning Board shall,
wherever possible, require the preservation of all natural features
which add value to residential developments and to the community such
as large and specimen trees or groves, watercourses, historic buildings
and sites, vistas, stonewalls and hedge rows, steep grades and similar
irreplaceable assets.
(1)
Natural terrain. Subdivision design shall preserve, insofar as possible,
the natural terrain and natural watercourses and natural and cultural
features, and drainage areas. These include steep slopes of 25% and
greater, wetlands, wetland buffers, vernal pools, and tree lines including
stone walls. These features shall become a part of a conservation
easement in clustered subdivisions or conservation developments.
(2)
Trees. A conscious effort shall be made to preserve all worthwhile
trees and shrubs which exist on the site. Such features may well be
suggested for park, recreation and buffer areas in particular. On
individual lots or parcels, care shall be taken to preserve selected
trees to enhance the landscape treatment of the development. No tree
with a diameter of eight inches or more at breast height shall be
removed unless it is within the clearance area or the right-of-way
of a street as shown on the final subdivision plat. Removal of additional
trees shall be subject to the approval of the Planning Board. In no
case, however, shall a tree 12 inches in diameter in breast height
be removed without approval of the Planning Board and without replacement
with trees that are equivalent in variety to a tree that was removed.
The Planning Board, in its discretion, may require an inventory of
existing trees over eight inches in diameter at breast height and
significant or specimen trees and a plan for replacement of trees
that have been or will be removed.
(3)
Soil. Natural fertility of the soil shall be preserved by disturbing
it as little as is possible, and no topsoil shall be removed from
the site.
(4)
Watercourses. Open watercourses shall be recognized as community assets. Subdivision design may well be enhanced by featuring streams and brooks. Floodplain land areas bordering on watercourses, drainage and other lands which cannot be used safely for building purposes without danger to health or peril from flood may be offered to the Town as a gift to be used as public open space or for recreational purposes, at the discretion of the Planning Board and may be in addition to that required in Subsection A and/or B of this section. No structures or buildings shall be erected within 100 feet of the high-water mark of a stream or within 50 feet of an intermittent stream. This separation shall not apply to swales or drainage channels designed for a site. There shall be no site disturbance within 50 feet of the high-water mark of a stream or within 25 feet of an intermittent stream. All development or site disturbance within 100 feet of any stream shall be reviewed with the intent of mitigating any adverse water quality issues that could impact the stream.
(5)
Lot and tree clearing limits. On a lot intended for single-family
or two-family residential purposes, no more than 10,000 square feet
of tree-covered land and no more than a total of 20,000 square feet
of land shall be cleared for development purposes on a lot of two
acres or more. On lots of under two acres and above one acre, these
dimensions shall be reduced to 8,000 square feet of trees and 18,000
square feet of total disturbance. Lots under one acre shall be limited
to 6,000 square feet of tree disturbance and 15,000 square feet of
total disturbance. Disturbances shall include tree removal, erection
of decks, patios and structures, regrading of land, driveways, parking
areas, septic areas and wells. The anticipated lot clearing limits,
including, without limitation, the driveway, shall be shown on the
site utility and grading plan and landscape plans. Details for tree-protection
measures shall be included in the subdivision plan set.
G.
School site. Upon receipt of a letter or correspondence from the
Valley Central School District, or other public school system, declaring
its interest in a school site or addition to a present school site
of a specific size and location within a proposed subdivision, the
Planning Board may require the applicant to set aside such area in
the design of the subdivision. Upon failure of the School Board to
secure an option to acquire or to purchase such school site prior
to the date of the final approval of the plat, the subdivider shall
be relieved of the responsibility of showing such land for public
purposes.
A.
Purpose. For the purpose of promoting the public health, safety and
general welfare; determining, establishing and defining soil groups;
providing guidance for the review of plans and development of land;
and to adopt such regulations for each group, the entire area of Montgomery
is hereby divided into 15 soils groups. The Table of Soil Groups is
found in Appendix A.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B.
Map. The groups are comprised of several soil types as identified
in Appendix A and which soil types are shown on the map designated
as the Town of Montgomery Soil Map, dated January 1974, made a part
of this regulation and also on file at the office of the Building
Inspector. A similar map on an aerial photo base is also found in
the "Soil Survey of Orange County, New York" first published by the
USDA Soil Conservation Service[2] on October 1981. All pertinent notations, soil mapping
unit designators and other information shown upon said map shall be
as much a part of this regulation as if the matter and things set
forth by the soil map were fully described herein.
[2]
Editor's Note: The United States Department of Agriculture’s
Soil Conservation Service (SCS) has been changed to the Natural Resources
Conservation Service (NRCS).
C.
Preparation. The soil groups and the Town of Montgomery Soil Map
were prepared with the assistance and cooperation of the USDA, Soil
Conservation Service, Orange County, New York and the Orange County
Planning Department, published in January of 1974.
D.
Applicability. These regulations shall not repeal, impair or modify
private covenants or other public laws and may be superseded by detailed
topographical studies and soil testing by licensed professionals and
as accepted by the Planning Board.
E.
Utilization.
(1)
The primary purpose for the soil maps and the information found in
the Orange County Soil Report is to assist applicants and the Planning
Board in the design and review of plans for the development and/or
preservation of land. It is recognized that the soils maps and the
information found in the Orange County Soil Report do not eliminate
the need for future on-site investigations. The delineated areas of
a given soil mapping unit may contain small areas of other types of
soil that have strongly contrasting properties. These small areas
(between 10% to 15% of the total area) are called "inclusions" and
cannot be separated out on the scale of mapping provided.
(2)
The Planning Board, Building Inspector or the Town Engineer shall
have full authority to make additional requirements to fit conditions
that may be observed in the field and as a result of subsequent tests.
(3)
A permit applicant whose construction plan does not meet minimum
requirements of the regulation may:
(a)
Incorporate in the construction plans accepted methods of construction
and/or accepted materials whose use will meet the added requirements;
or
(b)
Petition the Zoning Board of Appeals for an appeal and/or variance
from the decision of the Building Inspector. Said Board may request
the Soil and Water Conservation District to conduct an immediate on-site
soil inspection for the purpose of determining the specific soil type
and subsequent group, or insist that a subsurface soil investigation
be conducted by a registered professional engineer to determine the
soil-bearing capacity, its stability, drainage characteristics, permeability
and other properties that may be in question.
F.
Table of soil groups. The Table of Soil Groups is found in Appendix
A[3] of this chapter.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
It is generally recommended that all central sewer and water
systems be owned and operated by the Town. Any proponent of such systems
shall seek Town Board approval. At the discretion of the Planning
Board and Town Board it may be required as a condition to final approval
of the plat that where central sewer and/or water systems are to be
installed, that an improvement district be legally formed or extended,
or that a transportation corporation be formed. Such systems with
appurtenances shall be offered for dedication to such districts without
cost to the district.
A.
Water and sewer facilities.
(1)
Endorsement. The proposed subdivision plat shall be properly endorsed
and approved by the Orange County Department of Health. Such endorsement
and approval shall be secured by the subdivider after approval of
the preliminary plat by the Planning Board.
(2)
Local requirements. Orange County Department of Health approval shall
constitute only the minimum requirement necessary and where considered
essential by the Board, a public sanitary and/or water system may
be required for any subdivision.
(3)
Dedication. Such water and sewer mains and systems shall be located
in the street rights-of-way or in perpetually unobstructed easements
of a width adequate for servicing (twenty-foot minimum for one utility
line, thirty-foot minimum for two utility lines). Water and sewer
mains and systems are to be offered for dedication to the Town or
the duly constituted improvement district. Upon acceptance, such water
and sewer mains and systems are to be maintained by the Town.
(4)
Connections. The developer shall be responsible, not only for the
laterals and appurtenances within the development, but also for any
lines or connections and appurtenances that may be necessary to bring
the service to the development.
(5)
Capacity of public or community well.
(a)
The Planning Board may require that prior to final approval
the Planning Board Engineer shall determine the capacity of a well
to adequately supply a development with water. In order to assure
adequate water supply for the safety, health and comfort of the residents,
a seventy-two-hour test shall be taken during which time an amount
equal to at least 600 gallons per day per dwelling unit shall be obtained
on a sustained basis.
(b)
All yields shall meet the requirements of 10 NYCRR Part 74,
as amended from time to time.
