Town of North Castle, NY General Requirements for Subdivision Design

Land to be subdivided shall be designed in reasonable conformity to existing topography in order to minimize grading, cut and fill and to retain, insofar as possible, the natural contours, to limit stormwater runoff and to conserve the natural vegetative cover and soil. No tree, topsoil or excavated material shall be removed from its natural position except where necessary and incidental to the improvement of lots and the construction of streets and related facilities in accordance with the approved plan. Topsoil shall be restored to a depth of at least six inches and properly seeded and fertilized in those disturbed areas not occupied by buildings or structures.

[Amended 5-23-2012 by L.L. No. 2-2012]

Existing natural features which are of ecological, aesthetic or scenic value to residential development or to the Town as a whole, such as wetlands, watercourses, water bodies, rock formations, stands of trees, historic spots and similar irreplaceable assets, shall be preserved, insofar as possible, through harmonious design of the subdivision, and where appropriate, the Planning Board may require the inclusion of such features in permanent reservations.

Conformity to Town Development Plan and Official Map. Streets, parks and other subdivision features shall conform to the Town Development Plan and the Official Map.

Frontage on improved streets. The area proposed to be subdivided shall have frontage on and/or direct access to an approved street duly placed on the Official Map, and if such street is private, it shall be improved to the satisfaction of the Town Engineer and approved by the Planning Board or there shall be a bond held by the Town to guarantee such improvement.

§ 275-24 Streets.

Location, width, grade and improvement. Streets and highways shall be of sufficient width and suitable grade and shall be suitably located to accommodate the prospective traffic, to afford adequate light and air, to facilitate fire protection and to provide access of fire-fighting equipment to buildings, and to facilitate police protection, snow removal and other utility and road maintenance equipment. If there is an Official Map, Town Comprehensive Plan or functional/master plans, such streets and highways shall be coordinated so as to compose a convenient system conforming to the Official Map and properly related to the proposals shown in the Comprehensive Plan of the Town.

[Amended 11-15-2006 by L.L. No. 20-2006]

Relation to topography. Streets shall be appropriately related to the natural topography and shall be arranged so as to obtain as many as possible of the building sites at or above the grades of the streets. A combination of steep grades and curves shall be avoided.

Grading and stormwater improvements. Site grading and improvements related to management of stormwater quality and quantity shall conform to Town specifications and shall be approved as to design and specifications by the Town Engineer. In addition, development of the parcel shall conform with the State Pollutant Discharge Elimination System (SPDES) Phase II stormwater requirements and Chapter 267, Stormwater Management, of the Code of the Town of North Castle.

[Added 11-18-2015 by L.L. No. 9-2015]

Trees. A conscious effort shall be made to preserve all worthwhile trees which exist on the site. Such features may well be suggested for park or playground areas. On individual lots or parcels, care should be taken to preserve selected trees to enhance the landscape treatment of the development.

[Added 11-18-2015 by L.L. No. 9-2015]

Intersections. Cross (four-cornered) street intersections shall be avoided insofar as possible, except at important traffic locations. A distance at least equal to the minimum required lot width, but not less than 200 feet, shall be maintained between center lines of offset intersecting streets. Within 60 feet of the center of an intersection, streets shall be at approximately right angles and grades shall be limited to 1.5%. When two streets intersect at an angle of less than 75%, special pavement, channelization, right-of-way and/or sight easement restrictions may be required by the Planning Board. Grades for private streets shall be limited to 4% within 35 feet of the center of the intersection or within 10 feet of the right-of-way line of the street, whichever distance is greater.

[Amended 7-11-2007 by L.L. No. 14-2007]

Continuation of streets into adjacent properties.

The arrangement of streets shall provide for their continuation between adjacent properties where such continuation is determined necessary for proper traffic movement, effective fire protection, efficient provision of utilities, snow removal and other services and/or where such continuation is in accordance with the Town Development Plan. Alternatively, if a street continuation is not determined to be warranted by the circumstances or would result in unsafe traffic conditions or otherwise jeopardize the public safety and welfare, the Planning Board may require such street to be terminated short of the boundary lines of the subdivision.

Where a continuation of a street beyond the boundaries of a subdivision is warranted but the adjacent property is undeveloped and the street must dead-end temporarily, the Planning Board may require that the right-of-way and all improvements be extended to the property line. A temporary circular turnaround shall be provided on all temporary dead-end streets in excess of 100 feet in length, with a notation on the plat that land outside the normal street right-of-way shall revert to abutting property owners upon continuation of the street. The length of temporary dead-end streets shall be limited to not more than 12 times the minimum lot width for the zoning district in which it is located.

Where a turnaround exists at the end of a street within an adjoining development to which a proposed street is to connect, the applicant may be required to remove the portions of the turnaround pavement outside of the normal width of the traveled way, perform any necessary reconstruction of the pavement edge, construct continuations of any existing driveways, sidewalks and curbs to the new pavement edge and regrade, seed and drain the disturbed areas in such a manner as to blend them in with the surrounding landscape.

Permanent dead-end streets.

Where a street does not extend to the boundary of a subdivision and its future continuation is not required by the Board, it shall be separated from such boundary by a distance not less than the minimum required lot depth. The Planning Board may require the reservation of an easement to the boundary to accommodate utilities, drainage facilities and/or pedestrian traffic. A circular turnaround shall be provided at the end of a permanent dead-end street.

For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets shall be limited in length, exclusive of the turnaround, to six times the minimum lot width for the zoning district in which it is located.

Solar access considerations. To permit maximum solar access to proposed lots and future buildings, wherever reasonably feasible, consistent with other appropriate design considerations, new streets shall be located on an east-west access. This encourages house siting with the maximum exposure of roof and wall area to the sun. The Board shall also consider the slope of the property and the nature and location of existing vegetation as they affect solar access.

Street names.

Street names shall be sufficiently different in sound and in spelling from other names in the Town so as not to cause confusion. A street which is a continuation of an existing street shall bear the same name.

In general, street names shall conform to the following classifications, or as required by the Street-Naming Committee:

Avenue, street or road: major or collector street.

Drive or lane: minor residential streets, except as follows:

[1]

Court or place: permanent dead-end street.

[2]

Circle or loop: street that returns to a starting point, or a street both ends of which intersect another street at different locations.

New street names shall be subject to a separate application to and approval by the Town Board.

Design standards for new streets. Streets shall meet the design standards set forth in the table contained in § 275-25B. Street classifications may be indicated on the Town Development Plan or may be determined by the Planning Board. Standards are not shown for streets which would be built by the state or county.

Pavement width for new streets. Pavement width for new streets as defined in § 275-25B shall be measured from back of curb to back of curb.

§ 275-25 Improvements.

Street improvements. Streets shall be graded and improved with pavement, sidewalks, curbs, gutters, streetlighting standards, street signs, street trees, water mains, sanitary sewers, storm drains, fire alarm signal devices, fire hydrants and other utilities, except that the Planning Board may waive, subject to appropriate conditions, such improvements as it considers are not requisite in the interest of the public health, safety and welfare. The subdivider shall install underground service connections to the property line of each lot before the street is paved. Except where waivers are granted, all such grading and street improvements shall conform in all respects to these regulations and to the Town of North Castle Construction Standards Ordinance.

Design standards for new streets.

[Amended 8-16-2006 by L.L. No. 15-2006]

Private streets.

When the Planning Board determines that the construction of a street to conventional standards will result in the excessive excavation or disturbance to natural features or not be in keeping with the existing neighborhood, it may direct the applicant to design the roadway to a private-street standard as defined herein.

When applying the private-street standard to the development of a piece of property, the applicant may not achieve a density that would otherwise be created if the land was subdivided in accordance with conventional subdivision standards and in accordance with Chapter 355, Zoning, these land subdivision regulations or the Westchester County Department of Health regulations and all other applicable regulations. The basis for this determination by the Planning Board shall be a conventional preliminary subdivision plat for the property, plus any other information as may be required by the Board.

(c)

When considering this Subsection B(1), the private street shall terminate as a permanent dead end, which cannot be further extended to other roadways or properties, nor that can be developed as a through or connecting roadway.

(d)

For any private road designed under this Subsection B(1), the number of residences that front on the street shall be limited to four for any parcel located in any residential zoning district.

(e)

The maximum length of any private street shall be as prescribed below in Table A.

Table A Roadway Widths for Private Streets
Number of Lots	Length of Road (feet)	Width of Road (feet)
1 to 2	Less than 400	14
1 to 2	Greater than 400	16 with turnoffs
3 to 4	Less than 600	16
3 to 4	Greater than 600	18 with turnoffs

Design standards for new public roads and private streets.

[Amended 7-11-2007 by L.L. No. 14-2007]

Design Standards for Public and Private Streets
			R-4A, R-2A, R-1.5A, R-1A, R-3/4A Districts	Other Residential Districts	Commercial Districts
Minimum right-of-way width (feet):
	Local road		50	50	60
	Private street		30 to 40	40	N/A
Minimum pavement width (feet):
	Local road		24	28	40
	Private street		See Table A	See Table A	N/A
Maximum grade (road):
	Local road		10%	10%	6%
	Private street		12%	12%	N/A
Maximum grade (cul-de-sac):
	Local road		5%	5%	3%
	Private street		7%	7%	N/A
Minimum grade:
	Local road		1.5%	1.5%	1.5%
	Private street		1.5%	1.5%	N/A
Minimum center-line radius (feet):
	Local road		200	200	250
	Private street		150 less than 5%	150 less than 5%	N/A
			175 less than 8%	175 less than 8%
			200 greater than 8%	200 greater than 8%
Minimum right-of-way radius at intersections (feet):
	Local road		25	25	30
	Private street		25	25	N/A
Minimum pavement radii at intersections (feet):
	Local road		25	25	25
	Private street		25	25	25
Minimum length of vertical curves (crest):
	Local road		100 feet, but not less than 20 times for each 1% algebraic difference in grade
	Private street:
		R-4A, R-2A, R-1.5A, R-1A and R-3/4A Districts	75 feet, but not less than 15 times for each 1% algebraic difference in grade
		All other residential districts	100 feet, but not less than 15 times the algebraic difference in grade
Minimum length of vertical curves (sag):
	Local road		75 feet, but not less than 15 times the algebraic difference in grade
	Private street		75 feet, but not less than 15 times the algebraic difference in grade
Minimum length of tangent between reverse curves (feet):
	Local road		100	100	200
	Private street		50	50	N/A
Minimum diameter of turnaround (right-of-way) (feet):
	Local road		110	110	110
	Private street		100	100	N/A
Minimum diameter of turnaround (pavement) (feet):
	Local road		90	90	90
	Private street		80*	80*	N/A

Alternative designs will be considered, subject to acceptability by the Fire Department.

Drainage improvement.

The subdivider may be required by the Planning Board to carry away by pipe or open ditch any spring water 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, shall be constructed in accordance with the Town of North Castle Construction Standards Ordinance and with appropriate erosion control measures as determined by the Planning Board and in accordance with the recommendations of the Town Engineer.

Drainage facilities shall, for watersheds greater than 200 acres in area, be large enough to accommodate potential runoff from their entire upstream drainage area, whether inside or outside the subdivision, based on a one-hundred-year storm and assuming conditions of maximum potential development within the watershed as permitted by Chapter 355, Zoning. For upstream watershed areas less than 200 acres in area, drainage facilities shall be designed to accommodate potential runoff from such upstream drainage area, whether inside or outside the subdivision, based on a twenty-five-year storm and assuming conditions of maximum potential development within the watershed as permitted by Chapter 355, Zoning. The applicant shall be responsible for submitting such computations to the Town Engineer in sufficient detail to make possible the ready determination of the adequacy of the proposed drainage installations, and the Town Engineer shall be responsible for reviewing these and preparing recommendations for the Planning Board.

The Planning Board may also require the subdivider to prepare a study of the effects of the subdivision on existing downstream drainage facilities. Where such study or the Planning Board determines that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the Planning Board shall notify the owner of such downstream facility of such potential condition and may withhold approval of the subdivision until provision has been made by the applicant for the correction of said potential condition if the Planning Board determines that correction of such drainage problem may be corrected on the subdivision site.

Underground utilities.

In order to assure greater safety and improved appearance, all utility lines and related equipment for providing power and communication services shall be installed underground, in the manner prescribed by the regulations of the utility company having jurisdiction. Underground utility lines shall be located outside of the traveled way of the streets but, except in unusual circumstances, within the street right-of-way. Underground service connections shall be provided to the property line of each lot before the street is paved and may pass under the traveled way of the street. A plan showing the as-built locations of all underground utilities shall be filed with the Town Engineer upon completion of all such improvements.

Flood protection.

The Planning Board shall review subdivision proposals and other proposed new developments to assure that all public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage and that adequate drainage is provided so as to reduce exposure to flood hazards.

The Planning Board shall require new or replacement water supply systems and/or sanitary sewerage systems to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.

Utility company service. The Planning Board shall require as a condition of subdivision approval that the applicant present evidence satisfactory to the Town Attorney and the Town Engineer that the appropriate utility company will provide services at the time of issuance of the first building permit for construction in the subdivision. Any security required by said utility for providing such service to the properties in the subdivision shall be posted by the applicant prior to the signing of the final plat by the Planning Board Chairman.

Other improvements.

Monuments.

Monuments shall be required wherever deemed necessary by the Town Engineer to enable all property lines to be readily reproduced on the ground. In general, monuments shall be located no more than 500 feet apart on street lines, preferably at street, lot or easement corners or at points of curvature of tangency on curved streets and spaced to be within sight of one another along lines entirely within the street right-of-way.

Monuments shall be set vertically in solid ground three inches above the ground surface with accurate reference to a permanently identifiable fixed point and shall meet or exceed the construction requirements specified in the Town Construction Standards Ordinance.

Traffic control and street signs. Traffic signals, controls and street signs shall be provided by the subdivider and placed at all intersections, within the street right-of-way, and in other locations, as required by the approving authority. In the case of traffic control signs, their type and location shall be approved by the Chief of Police of the Town of North Castle and, in the case of street signs, by the Town Engineer of the Town of North Castle or by the appropriate state or county agency.

Streetlighting standards. When required by the Planning Board, streetlighting standards, of a design and location specified in the Town Construction Standards Ordinance, shall be provided and installed by the subdivider.

(4)

Sanitary sewers and sewerage facilities, water mains and water facilities, fire hydrants and dry hydrants. Where required by the Planning Board, the subdivider shall install sanitary sewers and sewerage facilities and/or water mains and water supply facilities and fire hydrants of the type and in a manner specified in the Town Construction Standards Ordinance. Where appropriate, the Planning Board may also require the installation of dry hydrants. The Planning Board may require the installation of dry sewer lines in subdivisions located in the Sewer District No. 2 planning area and of dry water lines in subdivisions located within possible expansion areas to Water District No. 3. The design and capacity of such lines shall be as approved by the Town Engineer.

(5)

Street trees. The Planning Board may require the planting of street trees. Such trees shall be of a hardwood variety indigenous to the neighborhood and shall be at least three inches' caliper at a height of five feet above ground level. When required by the Planning Board, such trees shall be planted along both sides of the street, no more than five feet behind the right-of-way, on private property away from the sidewalk, curbing or street and spaced approximately 40 feet on center.

(6)

School bus pickup areas. The Planning Board may require that the subdivider reserve, clear, grade, pave and otherwise improve an area of such size and location as will provide a safe and suitable place for the use of children awaiting school buses.

§ 275-26 Lots.

Lot arrangement. The lot arrangement shall be such that there will be no foreseeable difficulty, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with Chapter 355, Zoning, Chapter 340, Wetlands and Watercourse Protection, and the County Health Department regulations. The Planning Board shall also consider the arrangement of lots with respect to the promotion of energy conservation and the maximization of solar access.

[Amended 5-23-2012 by L.L. No. 2-2012]

Driveways. Driveway locations shall be shown on the construction plans. The maximum driveway gradient to the building site shall not exceed 14%, unless waived by the Town Engineer, and the intersection of driveways with the road shall be so oriented and graded that vehicles may use the driveways safely. The Planning Board may require that the applicant submit necessary topographic and design information to demonstrate that the lot layout will allow driveways that meet these criteria and provide proper drainage. The finished surface of any driveway shall be of a dust-free material.

Lot dimensions.

Except as provided elsewhere in these regulations, lot area and dimensions shall comply with at least the minimum standards of Chapter 355, Zoning, for the district in which the lots are located. Where lots are more than double the minimum required area, the Planning Board may require that they be arranged so as to allow for further subdivision and the opening of future streets where necessary to serve such potential lots, all in compliance with Chapter 355, Zoning, and these regulations. Where, in the opinion of the Planning Board, lots of larger than minimum size are required for purposes of proper drainage, water supply, waste disposal or the preservation of important natural features, the Board may require such oversized lots as a condition of plat approval.

Side lot lines shall generally be at right angles to street lines (or radial to curving street lines) unless the Planning Board allows a variation from this rule to give a better street or lot arrangement. Dimensions of corner lots shall be large enough to allow for erection of buildings observing the minimum front yard setback from both streets.

Where a proposed subdivision includes an existing residence larger in size than can appropriately be placed on a lot of the minimum size permitted in the zoning district, the Planning Board may require that the lot be of such size and relationship to the proposed street system that the structure will be an appropriate and harmonious part of the subdivision.

Access from major and collector roads. Lots shall not, in general, derive access from a major or collector road, but shall front on a minor interior road. Where driveway access from a collector road may be necessary for two or more adjoining lots, the Planning Board may require that such lots be served by a combined access drive in order to limit the possible traffic hazard on such street. Any such driveways, where permitted, shall be designed in such a way as to provide adequate and convenient area for the turnaround of vehicles so as to avoid requiring them to back into traffic on such roads. As a condition of plat approval, the Planning Board may require the filing of maintenance easements and agreements for such common driveways, suitable in form to the Town Attorney.

Double-frontage lots. Lots fronting on two streets, other than corner lots, shall be avoided except where deemed essential by the Planning Board in order to provide separation of residential development from major or collector streets or to overcome problems of topography or orientation. The Planning Board may require access limitations and/or buffer landscaping for such double-frontage lots where the Board determines that such measures would be appropriate.

Water bodies. If a subdivision contains a water body, or portion thereof, lot lines shall be drawn so as to distribute the entire ownership of the water body among the fees of the adjacent lots, unless the Planning Board approves an alternate plan whereby the ownership of and responsibility for the safety of the water body is so placed that it will not become a Town responsibility. No more than 25% of the minimum lot area required under Chapter 355, Zoning, may be satisfied by land which is under water or is defined as a wetland by Chapter 340, Wetlands and Watercourse Protection.

[Amended 5-23-2012 by L.L. No. 2-2012]

Access across a watercourse. Where a watercourse separates the buildable area of a lot from the street by which it has access, provision shall be made for the installation of a bridge, culvert or other drainage facility, of a design approved by the Planning Board based upon recommendation of the Town Engineer, to provide satisfactory access across such watercourse for fire, police and other emergency equipment.

Subdivision with land in two or more zoning districts or municipalities.

In general, a lot should not be divided by a zoning district or municipal boundary. however, if it is necessary for a zoning district boundary to cross a lot, such lot shall be designed so that it can be readily developed in accordance with the standards of the more restrictive zoning district. If it is necessary for a municipal boundary line to cross a lot, the Planning Board may require suitable legal agreements to assure that the two portions of the lot will not be separated in the future and that the portion of the lot in the adjoining municipality will not be used for any purpose that would make it nonconforming if the entire lot were located within the Town of North Castle.

Whenever a subdivision includes land in two or more zoning districts and/or municipalities, the location of the zoning district and/or municipal boundary line shall be shown on the plat and, in addition, where zoning boundaries are involved, the following notation shall be added and completed: "Existing zoning boundaries as of __________, 20___."

§ 275-27 Reservations and easements.

All reservations and easements shall be clearly indicated on the final subdivision plat, along with appropriate notations indicating the rights which exist with respect to each such reservation and/or easement.

Reservation of parkland on subdivision plats containing residential units.

[Amended 11-15-2006 by L.L. No. 20-2006]

General standards.

Before the Planning Board may approve a subdivision plat containing residential units, such subdivision plat shall also show, when required by such Board, a park or parks suitably located for playground or other recreational purposes.

Land for park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular subdivision plat will contribute.

Minimum size.

Areas for parks shall be of reasonable size for neighborhood playgrounds or other recreational uses. In general, not less than 10% of the area of the subdivision shall be set aside for these purposes.

In general, sites reserved for recreational purposes shall have an area of at least one acre. The Planning Board may require the location of such areas along the boundary of a subdivision so that additional land may be added at such time as the adjacent property is subdivided.

Ownership of park area. The ownership of reservations for park purposes shall be clearly indicated on the plat and established in a manner satisfactory to the Planning Board and Town Attorney so as to assure their proper future continuation and maintenance.

(4)

Cash payment in lieu of reservation. In the event the Planning Board makes a finding that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat, the Planning Board may require a sum of money in lieu thereof, in an amount as required in § 275-37 of this chapter. In making such determination of suitability, the Board shall assess the size and suitability of lands shown on the subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.

Widening or realignment of existing streets. Where a subdivision borders an existing street which is narrower than the recommended right-of-way width as specified for such streets in these regulations or where a subdivision borders an existing street planned for widening or realignment in such a way as to require the use of some land in the subdivision, the Planning Board may require the subdivision plat to show such areas which shall be marked "Reserved for Street Realignment (or Widening) Purposes." Land reserved for such purposes may not be counted in satisfying yard or area requirements of Chapter 355, Zoning.

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 of at least 15 feet in width shall be provided for such utilities or drainage facilities across properties outside the street lines and with satisfactory access to the street. Drainage easements shall extend from the street to the watercourse or other drainage facility and shall convey to the holder of fee title of the street the perpetual right to discharge stormwater runoff from the street and the surrounding area onto and over the affected premises by means of pipes, culverts or ditches, or a combination thereof, together with the right to enter said premises for the purpose of making such installations and doing such maintenance work as the holder of such fee title may deem necessary to adequately drain the street and the surrounding area.