The Planning Board, in considering an application for the subdivision of land, shall be guided by, but shall not be bound by, the following considerations and standards, upon which the Planning Board shall be the determining agent. In general, these standards shall be deemed to be the minimum requirements for the convenience, health, safety and welfare of the Town and shall be waived by the Planning Board only under circumstances set forth in Article
I, §
180-9, herein.
The Planning Board may require that the applicant make adequate
provision for stormwater or floodwater runoff channels or basins.
The stormwater drainage system shall be separate and independent of
any sanitary sewer system.
A. Removal of springwater and surface water. The applicant may be required
by the Planning Board to carry away by pipe or open ditch any springwater
or surface water that may exist either previous to, or as a result
of, the subdivision. Such drainage facilities shall be located in
the road right-of-way where feasible, or in perpetual unobstructed
easements of appropriate width, and shall be constructed in accordance
with the Town construction standards and specifications.
B. Accommodation of upstream drainage areas. Drainage facilities shall
in each case be large enough to accommodate potential runoff from
their entire upstream drainage area, whether inside or outside the
subdivision, based on a fifty-year storm and assuming conditions of
maximum potential development within the watershed. The applicant
shall be responsible for submitting such computations to the Planning
Board in sufficient detail to make possible the ready determination
of the adequacy of the proposed drainage installations. Concentrated
drainage from lots onto the road right-of-way shall not be permitted.
C. Effect on downstream drainage area. The Planning Board may also require
a study of the effects of the subdivision on existing downstream drainage
facilities. Where it is anticipated 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 and the Town Board of such potential condition
and may withhold approval of the subdivision until provision has been
made for the correction of said potential condition.
D. Wetlands. Areas shown on DEC maps as official freshwater wetlands
shall be regulated according to the provisions contained in Article
24 of the New York State Environmental Conservation Law, including
subsequent amendments, which is adopted herein by reference.
E. Floodplain areas. Floodplain areas shall be those defined on the
Official HUD Flood Hazard Maps. These flood areas shall be preserved
from any and all destruction or damage resulting from clearing, grading
or dumping of earth, waste material or stumps.
F. Drainage easements.
(1) 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 to the lines of such watercourse,
and of such width and construction as will be adequate for the purpose
as required by the Road Review Committee, and in no case less than
20 feet in width.
(2) Where topography or other conditions are such as to make impractical
the inclusion of drainage facilities within the road right-of-way,
perpetual unobstructed easements shall be provided for such across
properties outside the road lines and with satisfactory access to
the road.
(3) Drainage easements shall extend from the road to the watercourse
or other drainage facilities and shall convey to the holder of fee
title of the road the perpetual right to discharge stormwater runoff
from the road 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
road and the surrounding area. When a proposed drainage system will
carry water across private land outside the subdivision, appropriate
drainage rights must be secured in a form satisfactory to the Town
Attorney and suitable for recording in the office of the County Clerk.
(4) A note to this effect shall be shown on the final plat.