A.
Conformance to applicable rules and regulations.
(1)
In addition to the requirements established herein, except where waived in accordance with § 230-27, all subdivision plans shall comply with the following laws, rules, and regulations:
(a)
All applicable statutory provisions, including the New York
State Town Law, except as may be superseded by this chapter.
(b)
The Zoning Law of the Town of Pine Plains, including specifically
the design standards applicable to conservation subdivisions.
(c)
The special requirements of these regulations and any rules
of the Health Department and/or appropriate state agencies.
(d)
The laws, rules or regulations of the State Department of Transportation,
Dutchess County Department of Public Works and Town of Pine Plains
Highway Department if the subdivision or any lot contained therein
abuts a Town, county, or state highway or connecting street or proposes
a new street.
(e)
The standards and regulations adopted by all boards, commissions,
agencies, and officials of the Town.
(2)
Plan approval may be withheld if a subdivision is not in conformity
with the above guides or policy of these regulations.
B.
Character of the land. Land which the Planning Board finds to be
unsuitable for subdivision or development due to flooding, improper
drainage, steep slopes, shallow depth to bedrock, utility easements,
or other features which will reasonably be harmful to the safety,
health or general welfare of the present or future inhabitants of
the subdivision and/or its surrounding areas shall not be subdivided
or developed unless adequate methods are formulated by the subdivider,
and approved by the Planning Board, to remediate the harmful conditions
imposed by the unsuitable land conditions.
C.
Modification of design improvements. If subsequent to the final approval
of a subdivision plan, and at any time before or during construction
of the required improvements, it is demonstrated to the satisfaction
of the Town Engineer and the Planning Board that unforeseen conditions
make it necessary to modify the location or design of such required
improvements, the Planning Board may authorize said modifications,
provided they are within the spirit and intent of the Planning Board's
approval and do not extend to the waiver or substantial alteration
of the function of any improvements required by the Planning Board.
The subdivider must demonstrate that unforeseen conditions make it
necessary or preferable to modify the location or design of such required
improvements. The Planning Board shall issue any such authorization
under this provision in writing, with a copy of such authorization
to be filed with the Town Clerk, as the case may be.
D.
Plans straddling municipal boundaries; notice to adjoining municipalities.
(1)
Whenever access to the subdivision is required across land in another
municipality, the Planning Board shall forward the subdivision plan
to the adjoining community for its review and determination as to
what approvals, if any, may be required. Where construction of said
access requires approval from an adjoining municipality, the Planning
Board may condition its approval on obtaining approval from the adjoining
municipality. The Planning Board may also, as a condition of approval,
require evidence that access can be legally established and adequately
improved, or that a performance bond has been duly executed and is
sufficient in amount to ensure the construction of the access road.
(2)
Subdivisions shall be designed so that lot lines do not cross municipal
boundary lines. To the maximum extent practicable, subdivisions should
be designed so that lot lines do not cross zoning district or special
district boundary lines.
(3)
As required by § 239-nn of the New York State General Municipal
Law, the Planning Board shall give notice to an adjacent municipality
when a hearing is held by same relating to a subdivision review and
approval on property that is within 500 feet of an adjacent municipality.
A.
Lot to be buildable. The lot size, width, depth, shape and arrangement
shall be appropriate for the type of development and use contemplated,
and shall be such that there will be no foreseeable difficulties,
for reasons of topography or other conditions, in securing building
permits to build on all lots in compliance with the Zoning Law, or
in providing access to buildings on such lots from an approved street.
Dimensions of corner lots shall be large enough to allow for erection
of buildings, observing the minimum front yard setback from both streets.
B.
Lot arrangement. The lot arrangement shall be such that there will
be no foreseeable difficulties, for reasons of topography or other
conditions, in securing building permits to build on all lots in compliance
with the Zoning Law, applicable Health Department regulations, and
in providing driveway access to buildings on such lots from an approved
street.
C.
Access from highway. Lots shall generally not have their vehicular
driveway access from a major or through highway or a commercial or
industrial highway as those terms are described in the Town Highway
Specifications. Where driveway access to said classes of roads may
be necessary for several adjoining lots, the Planning Board may require
that such lots be served by a combined access drive in order to limit
possible traffic hazard on said roads.
D.
Driveways. Driveways shall be designed to comply with Section 49,
Driveways, of the Town Highway Specifications. The Planning Board
may allow use of common driveways, which shall be designed in accordance
with Section 53, Common Driveways, of the Town Highway Specifications.
E.
Lot dimensions and area. Lot dimensions and lot area shall conform
to the standards and regulations set forth in the Town Zoning Law,
unless a variance has been granted by the Zoning Board of Appeals.
Where variances have been granted, the subdivision plan shall include
notes stating the date any variance was approved and a description
of said variance.
F.
Monuments and lot corner markers. Permanent monuments meeting specifications
approved by the Town Engineer as to size, type and installation shall
be set at block corners, angle points, points of curves in streets,
easements, and other points as the Town Engineer may require, and
their location shall be shown on the final subdivision plan. Monuments
shall be set before the plan is signed by the Planning Board Chairperson,
except in the case that a performance bond for the subdivision is
provided.
A.
General. Existing features which would add value to residential development
or to the local environment as a whole, such as trees, including heritage
trees, watercourses and falls, beaches, historic buildings or features,
and similar irreplaceable assets, shall be preserved through harmonious
design of the subdivision. All trees on the plan required to be retained
shall be preserved, and all trees, where required, shall be welled
and protected against change of grade. The plan shall show the number
and location of existing trees, as required by these regulations,
and shall further indicate all those marked for retention, and the
location of all proposed shade trees required along the street side
of each lot as required by these regulations.
(1)
The subdivision shall be designed to cause the least practicable
disturbance to natural infiltration and percolation of precipitation
to the groundwater table through careful planning of vegetation and
land disturbance activities.
(2)
Disturbance to streams, wetlands, and areas with seasonally high
water tables shall be avoided.
(3)
Existing flora and fauna shall be evaluated by the subdivider to
determine the extent to which ecological habitat should be conserved.
Evaluation criteria for this shall include size, present conditions,
site potential, ecological functions, relationship of woodlands on
adjoining properties.
(4)
Wooded areas along roadways, property lines, streams and hedgerows
that screen views of development from public travel ways, especially
scenic roads, shall be preserved.
(5)
Preferred locations for development include soils that have not been
designated as prime farmland soils or soils of statewide importance
and locations where development may be screened from public view.
(6)
Disturbances to steep slopes shall be avoided. Grading on slopes
greater than 15% shall be minimized wherever practicable.
(7)
The subdivision layout shall be designed to protect historic resources
to the maximum extent practicable.
B.
Shade tree easement and dedication. As set forth in the Town of Pine
Plains Highway Specifications, the Planning Board, in its discretion,
may require the installation of street trees within a subdivision.
The Planning Board shall identify the species of trees and spacing
of any plantings. The location of street tree plantings shall be as
specified in the Highway Specifications. The Planning Board may require
that a shade tree easement area be shown on the subdivision plan which
would authorize the Town to enter the easement area and maintain said
trees.
A.
Offers of dedication. In accordance with § 279 of the Town
Law, the subdivider may add a notation on the final plan that no offer
of streets, parks, or easements shown on the plan is made to the public.
Failure to make such notation will constitute a continuing offer of
dedication to the Town, which may be accepted by the Town Board at
any time prior to revocation of said offer by the owner of the land
or his agent. Prior to rendering any decision on a subdivision application,
the Planning Board shall consult with the Town Board to determine
whether the Town Board will accept any offers of dedication. Formal
offers of dedication to the public of all streets, parks, and easements,
except for those streets, parks and easements not offered, shall be
filed with the Planning Board prior to approval of the plan. The subdivider
shall tender offers of dedication in a form certified as satisfactory
by the Town Attorney. In general, no reserve strips controlling access
to land dedicated, or to be dedicated, to public use shall be permitted.
B.
Acceptance by Town Board. Acceptance of any such offer of dedication
shall rest with the Town Board. In the event that such approved plan
is not filed or recorded prior to the expiration date of the plan
approval as provided in § 276 of the Town Law, then such
offer of dedication shall be deemed to be invalid, void, and of no
effect on and after such expiration date. The approval by the Planning
Board of a final plan shall not be deemed to constitute or imply the
acceptance by the Town Board of any street, park, easement, or open
space shown on said plan. The Planning Board may require said plan
to be endorsed with a note to this effect.
C.
Reservation of parkland on subdivision plans containing residential
units. Before the Planning Board may approve a subdivision plan containing
residential units, such subdivision plan 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 plan will contribute.
(1)
Any area reserved for parkland shall be of suitable size, dimension,
topography, and general character and shall have adequate road access
for the recreational use for which the land is intended.
(2)
The Planning Board may refer the proposed reservations to the Town
official or department in charge of parks and recreation for recommendation.
(3)
Minimum size of park and playground reservations. In general, land
reserved for recreational purposes shall have an area of at least
four acres. If the proposal would create an area less than four acres,
the Planning Board may require that the recreation land be located
on the edge of the subdivision so that additional land may be added
at such time as the adjacent land is subdivided. In general, no recreational
area less than two acres shall be reserved for recreational purposes
if it will be impractical or impossible to secure additional lands
in order to increase its area.
(4)
In the event the Planning Board makes a finding pursuant to this Subsection C that the proposed subdivision plan 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 plan, the Planning Board may require a sum of money in lieu thereof, in an amount to be established by the Town Board. In making such determination of suitability, the Board shall assess the size and suitability of lands shown on the subdivision plan 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 subsection, 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.
(5)
Ownership and maintenance of recreation land. The ownership of lands
reserved for recreation purposes shall be clearly indicated on the
plan and the ownership and maintenance shall be determined in a manner
satisfactory to the Planning Board so as to assure their proper future
continuation and maintenance.
D.
Other recreational reservations. The provisions of this section are
minimum standards. None of the subsections above shall be construed
as prohibiting a subdivider from reserving land for recreational purposes
in addition to the requirements of this section.
E.
Maintenance of roads and other facilities. In those cases where no
offer of dedication to the public is made for the roads, parks and
required easements shown on the plan, there shall be submitted with
the plan copies of agreements or other documents providing for and
fixing responsibility for their suitable maintenance and statements
of all rights which exist with respect to the use of such property
or properties. Such documents shall be reviewed by the Town Attorney
for legal adequacy and competency.
A.
General.
(1)
Where a municipal water main is accessible or where the Planning
Board finds it necessary, the subdivider shall connect to said water
main (including fire hydrants), subject to applicable state and local
standards.
(2)
Water main extensions must be approved by the applicable state and/or
county agency and Town water department, including, if applicable,
extension of the service area by the Town Board.
(3)
When a subdivision is required to connect to municipal facilities,
the location of all fire hydrants, water supply improvements, the
boundary lines of existing or proposed water districts, indicating
all locations proposed to be served, shall be shown on the subdivision
plan, and the cost of installing same shall be included in the performance
bond to be furnished by the subdivider.
(4)
All material and work performed on a central water system, whether
private or public, shall be completed in accordance with the Pine
Plains water improvement area regulations.
B.
Individual wells and central water systems.
(1)
At the discretion of the Planning Board, if a municipal water system
is not available, individual wells and/or a privately owned central
water supply system shall serve every lot in the subdivision. Water
quality sampling shall be conducted in accordance with Health Department
standards of approval, and individual wells and central water systems
shall be approved by the applicable Health Department. Evidence of
Health Department or other applicable agency approval shall be submitted
to the Planning Board.
(2)
The Planning Board may condition approval of the subdivision on future
connection to a municipal public water system. The subdivider shall
arrange for future water service at the time the plan receives final
plan approval. A performance guarantee may be required to insure compliance.
A.
General requirements. The subdivider shall install sanitary sewer
facilities in a manner prescribed by the Town standards and specifications.
All plans shall be designed in accordance with the rules, regulations,
and standards of the Town, any Health Department having jurisdiction,
and any other agency having approval or permitting authority.
B.
Sanitary sewerage systems shall be constructed as follows:[1]
(1)
Where the Planning Board determines that connection to a municipal
sanitary sewerage system is feasible, the subdivision and all lots
therein shall be designed to connect to same. Where the Planning Board
determines that a municipal sanitary sewerage system is not nor will
not be made available, a subdivision shall be served by a private
central sewer system and/or by on-site individual sanitary disposal
systems. All such systems shall be designed to conform to applicable
state and county Health Department requirements and applicable environmental
regulations.
(2)
Where municipal sanitary sewerage systems are not reasonably accessible
but will become available within a reasonable time as approved by
the Planning Board, the subdivider may choose one of the following
alternatives:
(a)
Central sewerage system, the maintenance cost to be assessed
against each property benefited. Where plans for future municipal
sanitary sewerage systems exist, the subdivider shall install the
sewer lines, laterals, and mains to be in permanent conformance with
such plans and ready for connection to such public sewer mains; or
(b)
Individual sewage disposal systems (i.e., septic systems), provided
the subdivider shall install sanitary sewer lines, laterals, and mains
from the street curb to a point in the subdivision boundary where
a future connection with the public sewer main shall be made. Sewer
lines shall be laid from the house to the street line, and a connection
shall be available in the home to connect from the individual disposal
system to the sewer system when municipal sewers become available.
Such sewer systems shall be capped until ready for use and shall conform
to all plans for installation of the municipal sewer system, where
such exist, and shall be ready for connection to such municipal sewer
main.
C.
Mandatory connection to municipal sewer system. If a municipal sanitary
sewer is accessible and a sanitary sewer is placed in a street or
alley abutting upon the property, the owner thereof shall be required
to connect to same, and it shall be unlawful for any such owner or
occupant to maintain upon any such property an individual sewage disposal
system.
D.
Individual disposal system requirements.
(1)
As per the regulations promulgated in Article 17 of the Environmental
Conservation Law, certain subdivisions with fewer than five residential
lots do not require Health Department approval. The Planning Board,
in its discretion, may require that a subdivision that would not otherwise
require Health Department approval obtain said approval where it finds,
on the basis of information regarding soils, groundwater, or other
limiting environmental conditions, that a septic system may not be
able to be feasibly constructed on the lot to be subdivided. Alternatively,
the Planning Board may require that the applicant submit data regarding
soil conditions, groundwater, surface water levels, or percolation
tests witnessed by the Town Engineer, or such other information necessary
to assure the Planning Board that an approvable septic system may
be constructed on the lot proposed to be subdivided.
(2)
Where individual disposal systems are proposed, minimum lot areas
shall conform to the requirements of the Town Zoning Law and percolation
tests and test holes shall be made as directed by the Health Department
and the results submitted to the Health Department where Health Department
approval is required. The individual disposal system, including the
size of the septic tanks and size of the tile fields or other secondary
treatment device, shall also be approved by the Health Department,
and such approval shall be a condition of final subdivision approval
for both minor and major subdivisions.
A.
Stormwater management facilities. The Planning Board shall not approve any plan which does not include adequate provision to manage post-construction stormwater runoff. Stormwater management facilities, where required, shall be approved by the Planning Board. All stormwater management facilities shall be regulated and designed in accordance with § 275-42, Stormwater management, of the Town Zoning Law. Nothing herein shall limit the Planning Board from requiring drainage improvements to be installed in a subdivision which may disturb less than one acre, and where the Board determines that said improvement is necessary to mitigate potential drainage impacts. The Planning Board shall have the option to also require that the proposed stormwater system shall collect and manage not only the increase in peak rate of runoff but also any increase in the total volume of runoff.
B.
Flood hazard areas. All requirements, procedures and standards of Chapter 160, Flood Damage Prevention, of the Town Code shall be met for all areas identified by the Federal Emergency Management Agency on Flood Insurance Rate Maps. A subdivision shall be designed to avoid any disturbances to, or construction within, the one-hundred-year floodplain. These floodplain areas shall be preserved from any and all destruction or damage resulting from clearing, grading, or dumping of earth, waste material, or stumps, and from any obstruction or restriction of the floodway.
C.
Snow storage. Snow storage areas shall be located and constructed
to minimize threats to groundwater quality. Where the recharge areas
for wells are downhill of snow storage areas, the snow storage areas
shall be impervious and drain to controlled stormwater outlets.
D.
Dedication of drainage easements.
(1)
General requirements. This Subsection D shall apply to all subdivisions. Where a subdivision is traversed by a watercourse, drainageway, channel, or stream, the Planning Board may require that an easement or right-of-way be established conforming substantially to the lines of the watercourse, and of such width and construction, or both, as will be adequate for the purpose of obtaining access and maintaining same. Watercourses should be maintained in a natural state wherever possible, unless improvements are necessary to protect the health, safety and welfare of residents from flooding.
(2)
Standards.
(a)
Where topography or other conditions are such as to make impractical
the inclusion of drainage facilities within road rights-of-way, perpetual
unobstructed easements at least 20 feet in width for such drainage
facilities shall be provided across property outside the road lines
and with satisfactory access to the road. Easements shall be indicated
on the plan. Such easements shall be centered on rear or side lot
lines to the maximum extent practicable. Drainage easements shall
be carried from the road to a natural watercourse or to other drainage
facilities.
(b)
When a proposed drainage system will carry water across private
land outside the subdivision, appropriate drainage easements must
be secured and indicated on the plan.
(c)
The subdivider shall dedicate in fee or restrict by drainage
easement land on both sides of existing watercourses, to a distance
to be determined by the Planning Board.
(d)
Establishment of a drainage easement in no manner creates an
obligation on the part of the Town to accept or maintain the easement.
(e)
Stormwater management facilities not within a dedicated right-of-way
shall be within an easement area, the boundary of which shall be a
minimum of 10 feet outside of the facility grading limits, and which
shall include within the easement a maintenance access with a minimum
twenty-foot width from a public road, or private road where the Planning
Board has approved a homeowners' association. The stormwater management
facility discharge shall also be within the easement, and the easement
shall extend to the edge of the receiving watercourse, water body
or wetland.
E.
The Planning Board may recommend to the Town Board that a drainage
district be created to own and/or maintain stormwater management facilities.
The Planning Board may condition approval of a subdivision plan on
the formation of said drainage district, where the Town Board has
agreed said district is to be established. In the alternative, the
Planning Board may require, as a condition of approval, that a homeowners'
association be established to maintain said facilities.
The Planning Board may require that utilities, including but
not limited to gas, electric power, telephone, and cable, be located
underground. Where the Planning Board deems it appropriate, existing
utility facilities located aboveground, except those existing on public
roads and rights-of-way, shall be removed and placed underground.
Utilities, existing and proposed, shall be shown on the final plan.
Underground service connections to the street property line of each
platted lot shall be installed at the subdivider's expense. At the
discretion of the Planning Board, the requirement for service connections
to each lot may be waived in the case of adjoining lots to be retained
in single ownership and intended to be developed for the same primary
use.
A.
General requirements.
(1)
Compliance with highway specifications. Roads shall comply with the
standards set forth in the Town of Pine Plains Highway Specifications.
(2)
Frontage.
(a)
Lots shall front to a road as required by § 275-17A of the Town Zoning Law. Consistent with § 280-a of the New York State Town Law, no permit for the erection of any building shall be issued unless a street or highway giving access to such proposed structure has been duly placed on the Town Official Map, or if there is no Official Map, unless such street or highway is:
[1]
An existing state, county or Town road; or
[2]
A street shown upon a plan approved by the Planning Board and
recorded in the office of the County Clerk; or
[3]
A street on a plan duly filed and recorded in the office of
the County Clerk prior to the appointment of such Planning Board and
the grant to the Board of such power to approve plans.
(b)
Where a parcel does not front on a street or highway as required by Subsection A(2)(a) above, an area variance granted by the Zoning Board of Appeals shall be required to allow a lot to front to a private right-of-way or easement.
(c)
The Town Board may, by resolution, establish an open development
area or areas within the Town of Pine Plains, wherein permits may
be issued for the erection of structures to which access is given
by right-of-way or easement, upon such conditions and subject to such
limitations as may be prescribed by the Planning Board. The Town Board,
before establishing any such open development area, shall refer the
matter to the Planning Board for its advice and shall allow the Planning
Board a reasonable time to report.
(d)
Where a lot or lots front to a private road or easement, the
Planning Board may require, as a condition of approval, the creation
of a homeowners' association or similar entity to maintain the private
right-of-way or easement. The Town Attorney shall review any agreement
or legal documents establishing a homeowners' association or other
entity and shall find it to be satisfactory as to form and content
prior to the Planning Board rendering a decision on a final subdivision
plan.
(3)
In any case where there is an inconsistency between the requirements
of these Subdivision Regulations and the Town Highway Specifications,
the Town's Highway Specifications shall govern.
(4)
Grading and improvements. Grading and improvements of all proposed
roads shall be shown on the final subdivision plan. Roads shall conform
to the Town Highway Specifications. The Town Engineer and Superintendent
shall approve the improvements as may be required by the Town Highway
Specifications.
(5)
Topography and arrangement. A road shall be related appropriately
to the topography. Roads shall be arranged so as to obtain as many
as possible of the building sites at or above the grade of the road.
Grades of roads shall conform as closely as possible to the original
topography. A combination of steep grades and curves shall be avoided.
(6)
All roads shall be properly integrated with the existing and proposed
system of thoroughfares and dedicated right-of-way as may be established
on a Town Official Map.
(7)
All roads shall be properly designed to handle adequately the traffic
volumes anticipated to be generated by the uses served.
(8)
All subdivisions, major and minor, that are proposed on a highway
by use, shall deed an easement and/or a right-of-way in fee to the
Town 50 feet in width to allow for future maintenance and/or expansion
of the highway by use by the Town. A twenty-five-foot half or a fifty-foot
full dedication, as applicable, shall be made along all roads within
or along the applicant's holdings.
B.
Road improvements. Roads shall be graded and improved with pavement,
street signs, sidewalks, streetlighting, curbs, gutters, trees, water
mains, sanitary sewers, storm drains and fire hydrants, consistent
with the Town Zoning Law and Town Highway Specifications.
C.
Utilities. Underground utilities shall be placed outside the paved
roadway to simplify location and repair of the lines, and conduits
or sleeves shall be constructed where such facilities cross under
the travel way. The subdivider shall install underground service connections,
where required, to the property line of each lot before the street
is paved.
D.
Bridge. The construction of any bridge that may be required to provide
access to a subdivision shall be the responsibility of, and at the
expense of, the subdivider. The plans shall be subject to the approval
by the Town Engineer and the Town Highway Superintendent and, in the
case of a bridge with a twenty-five-foot or greater span, the Dutchess
County Department of Public Works.
E.
Road design.
(1)
Perimeter road. Roads shall be laid out so as to eliminate the creation
of perimeter half-streets. Where an existing half-street is adjacent
to a new subdivision, the other half of the street shall be improved
and dedicated by the subdivider. The Planning Board may authorize
a new perimeter street where the subdivider improves and dedicates
the entire required street right-of-way width within his own subdivision
boundaries.
(2)
Widening and realignment of existing roads. Where the subdivision
borders an existing road and additional land is required for realignment
or widening of such road as indicated on the Official Map or Comprehensive
Plan, if such exist, or where the Planning Board deems such reservation
necessary, the Planning Board may require that such areas be indicated
on the plan and marked "Reserved for Street Realignment (or Widening)
Purposes." The subdivider may be responsible for making improvements
to realign or widen the road where the Planning Board finds that said
improvements are required to adequately handle traffic generated by
the subdivision.
(3)
Continuation of streets into adjacent property. Streets shall be
arranged so as to provide for their continuation as required by the
Town Highway Specifications. A temporary circular cul-de-sac at the
project boundary shall be provided, if required by the Planning Board.
(4)
A rigid rectangular gridiron road pattern need not be adhered to,
and the use of curvilinear roads shall be encouraged where such design
will result in a more desirable layout. Subdivision lots stacked one
behind another, rather than each lot fronting to a road giving access
thereto, is discouraged.
(5)
In a subdivision that will serve commercial, industrial or other
nonresidential uses, the roads or driveways serving same shall be
planned in connection with the grouping of buildings, the provision
of alleys, truck loading and maneuvering areas, and walks and parking
areas so as to minimize conflict of movement between vehicles and
pedestrians.
(6)
Permanent dead-end streets (cul-de-sacs). Where a street does not
extend to the boundary of the subdivision and its continuation is
not needed for access to adjoining property, it shall be separated
from such boundary by a distance of not less than 100 feet. Reserve
strips of land shall not be left between the end of a proposed street
and an adjacent piece of property. The Planning Board may require
the reservation of a twenty-foot-wide easement to accommodate pedestrian
and/or bicycle traffic and utilities. A circular turnaround shall
be provided at the end of a permanent dead-end street.
(7)
Road names. The Town Board shall approve road names as set forth
in the Town Highway Specifications.
F.
Blocks. Where residential blocks are planned in a residential subdivision,
the length, width, and shapes of blocks shall be of a character appropriate
to its setting, e.g., rural area versus hamlet area. The length of
a block length between two roads shall not exceed 2,200 feet or 12
times the minimum lot width required, nor be less than 400 feet in
length. The Planning Board may require the reservation of an easement
no less than 10 feet wide through the block to accommodate utilities,
drainage facilities, or to facilitate pedestrian access. Sidewalks,
not less than five feet wide, may be required by the Planning Board
through the center of blocks to provide circulation or access to schools,
playgrounds, shopping centers, transportation, or other community
facilities.
G.
Intersections. Intersections shall be designed in accordance with
the Town Highway Specifications.
A.
Required improvements. Pedestrian movement shall be an integral method
of transportation, as opposed to being understood as incidental to
vehicular routes. Sidewalks shall be provided where deemed appropriate
by the Planning Board.
B.
Pedestrian and bicycle easements. The Planning Board may require
that a subdivision include pedestrian or bicycle trails or sidewalks
to connect to schools, parks, playgrounds, or other nearby roads.
Said trail or sidewalk connection shall be established within an easement
at least 10 feet in width. Easements shall be indicated on the plan.
C.
Access. In recognition of the mobility needs of aged and handicapped
residents, the Planning Board, at its option, may require that the
following provisions be met in areas that are intended for public
use such as, but not limited to, parks, commercial establishments,
and community facilities.
(1)
Sidewalks. Pedestrian ramps should be provided wherever walks cross
streets, parking lots or driveways to preclude abrupt changes in level.
Where constructed, the grade level, width, and length of ramps shall
be approved by the Town Superintendent of Highways.
(2)
Access to buildings. A safe and convenient means of pedestrian access
from a vehicular unloading area and from parking areas without intervening
stairs or steps should be provided.
A.
General. The subdivision of land for nonresidential uses (e.g., a
business park) may also be subject to special use permit and/or site
plan approval as set forth in the Zoning Law. A nonresidential subdivision
shall be subject to all the requirements of these regulations, as
well as the standards set forth for said uses in the Zoning Law.
B.
Standards. In addition to the principles and standards in these regulations
which are appropriate to the planning of all subdivisions, the subdivider
shall demonstrate to the satisfaction of the Planning Board that the
street, parcel, and block pattern proposed is specifically adapted
to the uses anticipated and takes into account other uses in the vicinity.
The following principles and standards shall be observed:
(1)
Lots within a nonresidential development shall conform to the minimum
requirements set forth in the Town Zoning Law, and said lots shall
be suitable in area and dimension to mitigate against any potential
negative impacts to adjoining uses.
(2)
Road rights-of-way and pavement shall be adequate to accommodate
the type and volume of traffic anticipated to be generated thereupon.
(3)
Based on the anticipated nonresidential use and the specific operational
characteristics of same, additional requirements not set forth in
these Subdivision Regulations may be imposed by the Town with respect
to street, curb, gutter, and sidewalk design and construction.
(4)
Based on the anticipated nonresidential use and the specific operational
characteristics of same, additional requirements not set forth in
these Subdivision Regulations may be imposed by the Planning Board
with respect to the installation of public utilities, including water,
sewer, and stormwater drainage.
(5)
Adjacent residential uses and neighborhoods shall be protected from
potential nuisances emanating from the operation of uses within a
nonresidential subdivision. The Planning Board may require larger
yard setbacks or larger lot areas for lots that adjoin existing or
future residential development in order to accommodate a screen or
buffer to where necessary to mitigate potential nuisances.
(6)
Roads serving a nonresidential subdivision shall not be extended
to the boundaries of adjacent existing or potential residential areas.
A.
Waiver of standards set forth in Article III of these regulations. As set forth in § 277, Subdivision 7, of the New York State Town Law, the Planning Board may waive, when reasonable, any requirements or improvements for the approval, approval with modifications, or disapproval of subdivisions submitted for its approval. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event that such standard or improvement is found not to be requisite in the interest of the public health, safety, and general welfare or is found to be inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision. Such waiver, however, shall not have the effect of nullifying the intent and purpose of these regulations. The subdivider shall request any waiver, and the Planning Board shall record the reason for any waiver it may grant.
B.
Waiver of submission requirements. The Planning Board, in its discretion and when it deems reasonable, may waive the application submission requirements set forth in §§ 230-8, 230-10, 230-11, 230-12 and 230-15 of these Subdivision Regulations. Such waiver may be exercised in the event that such submission requirement is found not to be requisite in the interest of the public health, safety, and general welfare. The subdivider shall request any waiver, and the Planning Board shall record the reason for any waiver it may grant.
