A. 
The purpose of this article is to ensure 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 Comprehensive Plan. 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 fire-fighting equipment to buildings. The Planning Board shall further require that all lots shown on the plats shall be adaptable for the intended purpose without danger to health or peril from flood, fire, erosion or other menace. Required improvements shall be designed and constructed to conform to specifications established by the Town. In considering applications for subdivision approval, the Planning Board shall be guided by the standards set forth herein. These standards shall be considered to be minimum requirements and may be waived by the Board pursuant to § 148-27.
B. 
Specifications for required improvements. All required improvements shall be constructed or installed to conform to municipal specifications, which may be obtained from the Town Engineer.
C. 
Existing features which would add value to the development, such as large trees, watercourses, historic sites and similar irreplaceable assets, should be preserved, insofar as possible, through harmonious design of the subdivision.
D. 
The Planning Board, in considering an application for the subdivision of land, shall be guided by the policy considerations specified in § 148-5 of this chapter. In addition, the Planning Board, in its deliberations on any discretionary actions under this chapter, shall ensure that the goals and policies of the Town Comprehensive Plan are implemented as far as practicable through this chapter.
The maximum number of density units (i.e., units per acre or DU) shall not exceed the maximum allowable DU for a subdivision in the district in which the property is located. Any regulations contained in this chapter and in the Town zoning law[1] restricting the number of dwelling units permitted in a subdivision shall apply. The calculation of buildable yield for a major subdivision shall be based on the following formula. The buildable yield (BY) shall be used to determine the allowable density units per the area, yard and bulk chart of the Town zoning law.
A. 
The BY calculation shall be determined by subtracting the constrained land areas of the property (i.e., NYSDEC and USACOE regulated wetlands, and lands within the 100-year floodplain area, steep slope areas of greater than 15% and public improvements) for which the applicant has not secured and has not submitted to the Planning Board permits or approvals that would allow development in such constrained land areas, as follows:
T - (W+F+S + I) = BY
Where:
T
=
Total acreage inside the boundary lines of the project parcel.
W
=
Total acreage inside the boundary lines of the project parcel and within a NYSDEC or USACOE regulated wetland (exclusive of any buffer area).
F
=
Total acreage inside the boundary lines of the project parcel and within the 100-year floodplain area where the base elevations and flood hazard are determined exclusive of any flood area within a regulated state or federal wetland.
S
=
Total acreage inside the boundary lines of the project parcel and containing slopes of 15% or greater.
I
=
The total acreage of required public improvements (i.e., roads, sidewalks, stormwater management facilities, utility easements).
BY
=
Maximum number of acres that can be developed and that form the basis for determining the maximum number of residential dwellings that may be created per the area, yard and bulk chart.
B. 
The BY calculation set forth in Subsection A above shall be adjusted to include, in whole or in part, the constrained land area(s) for which the applicant has secured the necessary permits or approvals from applicable local, state or federal agencies authorizing development in such area(s) and has submitted copies of said permits or approvals to the Planning Board. If the parcel is not proposed for connections to central sewage disposal facilities, the plan shall also include an assessment and certification by a professional engineer as to the suitability of the soils to accommodate individual sewage disposal systems. The Planning Board, in its sole discretion, shall determine whether the plan is realistic and reflects a development pattern that could reasonably be implemented.
[1]
Editor's Note: See Ch. 180, Zoning.
A. 
Relation to topography. Streets shall be logically related and conform, insofar as possible, to the original topography. They 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 sharp curves shall be avoided.
B. 
Streets. Streets shall comply with the applicable sections of Chapter 144, Streets and Sidewalks. Streets shall be graded and improved with pavement, street signs, sidewalks, streetlighting, curbs, gutters, trees, water mains, sanitary sewers, storm drains and fire hydrants in accordance with the State Highway Law, as amended. The Planning Board encourages the integration of environmentally friendly design and sustainable development practices such as walkways and paths, vegetated swales, rain gardens, and pervious pavers. The Planning Board may waive, subject to appropriate conditions and upon the recommendation of the Town Highway Superintendent and the Town Engineer, such improvements as it considers are not requisite in the interest of public health, safety and general welfare.
C. 
Utilities. All telephone, natural gas, electric, cable and similar service lines serving the subdivision shall be underground. Underground utilities shall be placed between the paved roadway and street line to facilitate location and repair of the lines. The applicant shall install underground connections, where required, to the property line of each lot before the street is paved.
D. 
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 or duly authorized representative. In addition, development of the parcel shall conform to the State Pollutant Discharge Elimination System (SPDES) Phase II stormwater requirements and the Town zoning law.[1]
[1]
Editor's Note: See Ch. 180, Zoning.
E. 
Intersections. Intersections of major streets by other streets shall generally be at least 600 feet apart where practicable. Cross (four-cornered) street intersections shall be avoided, except at important intersections. A distance of at least 150 feet shall be maintained between offset intersections. Within 50 feet of an intersection, streets shall be approximately at right angles and grades shall be limited to 1.5%. All street intersection corners shall be rounded by curves of at least 25 feet in radius at the property line.
F. 
Trees. A conscious effort shall be made to preserve all trees and shrubs which exist on the site particularly along property lines and roadways. 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.
G. 
Sight lines and visibility at intersections. Within the triangular area formed at corners by the intersection of street center lines, for a distance of 75 feet from their intersection and the diagonal connecting the end points of these lines, visibility for traffic safety shall be provided. Fences, walls, hedges or other landscaping shall not be permitted or placed so as to obstruct such visibility.
H. 
Continuation of streets into adjacent property. Streets shall be arranged to provide for their continuation between adjacent properties where such continuation is necessary for convenient movement of traffic, effective fire protection, and efficient provision for utilities and particularly where such continuation is in accordance with the Town Comprehensive Plan. If the adjacent property is undeveloped and the streets must dead end temporarily, the right-of-way and the improvements must run to the property line. A turnaround, meeting Town specifications, shall be provided at the terminus of all dead-end streets together with a notation on the plat that the land outside the street right-of-way shall revert to abutters whenever the street is continued.
I. 
Permanent dead-end streets (cul-de-sac). A circular turnaround in accordance with the standards set forth in the Town specifications shall be provided at the end of the dead-end street for greater convenience to traffic and effective police and fire protection. Permanent dead-end streets shall, in general, be limited in length to 800 feet.
J. 
Street names. All streets shall be named, and such names shall be subject to the approval of the Town Board. Names shall be sufficiently different in sound and spelling from other street 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.
K. 
Future street system. Where the plat covers only a part of the applicant's tract, a sketch of the prospective future street system of the unsubmitted part shall be furnished and the street system of the part submitted shall be considered along with the potential future street system.
L. 
Private roads. There shall be a road maintenance agreement for the maintenance of private roads which shall include, at a minimum, snow plowing and repairs of the road.
A. 
Arrangement. The arrangement of lots shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in locating a building on each lot and in providing access to buildings on such lots from an approved street.
B. 
Flag lots. Lots which meet the definition of "flag lot," as defined in this chapter, shall meet the following additional standards:
(1) 
The access to the flag lot shall be by way of a driveway placed within the "flagpole" or "panhandle" portion of the lot or parcel, as recorded.
(2) 
Only that portion of the lot having adequate width to meet the minimum lot width requirements and allow for provision of meeting the minimum yard and setback requirements of the district shall be counted as part of the minimum lot area. The accessway (i.e., the "flagpole" or "panhandle") shall not be included in the calculation of minimum lot area.
(3) 
The access way shall maintain a constant minimum width of not less than the minimum highway frontage as set forth in Town zoning law,[1] for the district in which the property is located.
[1]
Editor's Note: See Ch. 180, Zoning.
(4) 
The flagpole shall not cross a flowing or intermittent stream, ravine or similar topographic feature without provision of an adequate structure or fill and culvert to carry traffic.
(5) 
The flagpole shall be conveyed with the ownership of the rear lot or parcel and shall be considered a permanent part of that lot or parcel, never to be resubdivided or conveyed separately from the parcel to which it provides access.
(6) 
A flag lot parcel shall not be approved which would create a flagpole that would be generally parallel to a public street, unless the flagpole is separated from the public street by a distance of not less than 200 feet.
(7) 
Adjoining flag lots are prohibited. The minimum distance between driveways serving individual flag lots shall be not less than 100 feet as measured along the public road or highway frontage.
(8) 
Flag lots shall be permitted in both major and minor subdivisions at the discretion of the Planning Board. Flag lots must meet all area, yard and bulk requirements for the zoning district applicable and shall be so arranged as to provide suitable all-weather access for passenger and emergency vehicles.
(9) 
The length of the "pole" of the flag lot from the roadway to the front yard line shall not be less than 200 feet.
(10) 
Where one flag lot parcel is preexisting, the adjoining lot or parcel shall not be divided into a flag lot shape.
(11) 
Notwithstanding any inconsistent provisions of this chapter or the Town zoning law, flag lots shall be permitted for the erection and maintenance of single-family dwellings only.
(12) 
Flag lots may not be further subdivided.
C. 
The Planning Board is authorized to modify the requirements for flag lots as set forth in Subsection A above, provided that the Board determines that such modification will result in an improved project design, will be protective of the environment, and will ensure the protection of the public health, safety and welfare.
D. 
A shared driveway may be used to access no more than three buildable lots. A shared driveway shall not be platted as a discrete lot that may be owned by an entity other than the development homeowner association, if applicable, or by one of the adjacent landowners using the driveway. Shared driveways may be used to access a flag lot and not more than two lots adjoining the flag lot, provided that each such lot has frontage on a public road or public highway. The establishment of a shared driveway requires an access easement and an agreement or covenant setting forth the rights and obligations of the owners of the lots to share in the cost of maintaining and repairing the shared driveway. Such agreement or covenant is subject to the approval of the Town Attorney. Shared driveways shall also be designed in general accordance with Town road standards to allow for adequate emergency vehicle access and shall be reviewed and approved by the Town Engineer.
A. 
Realignment or widening of existing streets. Where the subdivision borders an existing street and the Official Map or Comprehensive Plan indicates plans for realignment or widening of the street that would require reservation of some land of the subdivision, the Planning Board may require that such areas be shown in the plat as "Reserved for Street Purposes."
B. 
Utility and drainage easements. Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities within a street right-of-way, perpetual unobstructed easements shall be provided to the Town for such utilities or drainage facilities located outside of the street right-of-way. Said easements shall be a minimum 20 feet in width unless otherwise recommended by the Town of Forestburgh Town Engineer, or Town Highway Superintendent and approved by the Planning Board.
C. 
Easements for pedestrian access. The Planning Board may require, in order to facilitate pedestrian access from streets to schools, parks, playgrounds or other nearby streets, perpetual unobstructed easements at least 10 feet in width along the street right-of-way or at such other locations as the Board deems appropriate.
D. 
Ownership of reservations. Ownership shall be clearly indicated on all reservations and easements.
A. 
General provisions.
(1) 
In reviewing major subdivisions, the Planning Board shall ensure that the park and recreation demands generated by new residential development are addressed in accordance with the provisions of this article.
(2) 
To the extent that this section is inconsistent with Town Law § 274-a, Subdivision 6, or § 277, Subdivision 4, or any other provision of Article 16 of Town Law, the provisions of this chapter are expressly intended to and do hereby supersede any such inconsistent provisions.
B. 
Reservation of land for park, playground or parkland purpose. In all instances where appropriate, when a park, playground, natural or historic feature or other parkland is offered for reservation as part of a subdivision plat, the approval of said plat shall not constitute an acceptance of ownership by the Town of such park or playground. The ownership of said park, playground, natural or historic feature or other parkland shall be with the applicant, property owner and/or homeowners' association unless otherwise agreed to or approved by the Town Board.
(1) 
Land reservation requirement. Where the Planning Board determines that suitable land for a park, playground or other recreational purpose exists within the parcel boundaries of a proposed residential development, the Planning Board may require as a condition of site plan or subdivision approval that a portion of the development parcel be reserved for such purpose.
(2) 
In determining whether or not to require the reservation of land for a park, playground or other recreational purpose, the Planning Board, in the case of residential site plans and subdivisions, shall be guided by the criteria and procedures outlined in Subsections C, D and E below.
C. 
Amount of land reservation. The minimum amount of land area to be reserved for park, playground or other recreational purpose shall be a minimum of 5% of the buildable yield as defined in § 148-20A or one acre, whichever is greater.
D. 
Criteria for land reservation. In determining whether the proposed parkland is suitable, the Planning Board, in its review of subdivisions, shall consider the following factors:
(1) 
Whether suitable land exists within the parcel boundaries of the proposed development, in terms of its size, shape, and dimensions, to reasonably accommodate a park, playground or other recreation use.
(2) 
Whether the characteristics of the land in terms of topography, soils, vegetative cover, hydrology and/or other natural features readily lend themselves to development of the site for parkland.
(3) 
Whether there are state or federal regulatory restrictions that would limit the usefulness of the site for parkland.
(4) 
Whether the site, in terms of its physical characteristics, would provide an attractive and safe area for recreational use.
(5) 
Whether the site is located such that reasonable and safe pedestrian, bicycle and vehicular access can be provided between the site and surrounding residential areas.
(6) 
Whether the character of the proposed residential development and that of the surrounding area are compatible with parkland.
(7) 
Whether the anticipated population of the proposed residential development, together with the population density of surrounding neighborhoods, is sufficient to justify development and long-term maintenance of a parkland at the location.
(8) 
Whether the site is located near or duplicates parkland opportunities provided in the area.
(9) 
Where the Town has agreed or approved ownership of parkland, whether development and long-term maintenance of the site would place an undue burden on the Town, given other commitments and priorities of the Town.
(10) 
Whether the site contains any unique and significant physical, aesthetic or ecological features that would make it particularly suited for environmental education, trail development, a nature preserve, or other passive recreation use.
(11) 
Whether reservation of the land is consistent with recommendations contained in the Comprehensive Plan for the Town of Forestburgh and/or any other plans for parks and recreation in the Town of Forestburgh, if any, in effect at the time the development application is made.
(12) 
Whether reservation of the land is consistent with the general goals and objectives of the Town Parks and Recreation Department and the Town Board with respect to parks and recreation facility development.
E. 
Satisfaction of land reservation requirement.
(1) 
All subdivision maps shall include a notation, which shall appear on the final subdivision plat, that the parkland is so reserved and cannot be further subdivided or built upon without further approval by the Planning Board.
(2) 
The placing of deed restrictions upon the site. Said deed restrictions shall be in a manner and form acceptable to the Town Attorney and shall indicate that the land is reserved for parkland and cannot be further subdivided or built upon without further approval by the Planning Board. Said deed restrictions shall be filed in the office of the County Clerk by the applicant, and upon their filing the land so reserved shall become part of the Official Map of the Town of Forestburgh, if one exists.
F. 
Fee in lieu of parkland.
(1) 
Fee in lieu of land reservation. Where the applicant does not provide for the reservation of land for a parkland, the applicant shall be required to pay a fee in lieu of said land.
(2) 
Amount of fee. The fee in lieu of parkland shall be determined and published by the Town Board in the Fee Schedule.
(3) 
Timing of fee payment. Payment of the fee shall be made in full to the Town prior to the Chairperson signing the final plat.
(4) 
Fees to constitute separate trust fund. All fees collected pursuant to this section shall be placed in a separate trust fund(s) to be established and used by the Town exclusively for the acquisition of parkland and/or the improvement of public park and recreation facilities.
A. 
Improvements.
(1) 
The applicant shall provide the following improvements when required by the Planning Board:
(a) 
Paved streets which shall comply with the requirements of Chapter 144[1] of the Town of Forestburgh Town Code.
[1]
Editor's Note: See Ch. 144, Streets and Sidewalks.
(b) 
Corner curves and paved aprons.
(c) 
Sidewalks.
(d) 
Water mains and fire hydrants.
(e) 
Sanitary sewage disposal facilities.
(f) 
Storm drainage system facilities.
(g) 
Street signs.
(h) 
Streetlighting.
(i) 
Street trees.
(j) 
Seeding or sodding of planting strips with lawn grass, groundcover, shrubs and perennials, vegetated swales or rain gardens.
(k) 
Parklands in accordance with this chapter and the Town zoning law.[2]
[2]
Editor's Note: See Ch. 180, Zoning.
(2) 
In making a determination to require such improvements, the Planning Board shall take into consideration the prospective character of the development.
B. 
Surety. As outlined below, the Town shall require that a performance surety in the form of a bond, cash, or an irrevocable letter of credit, as determined by the Town, shall be delivered to the Town to guarantee that the applicant will faithfully cause to be constructed and completed, within two years, the required public improvements and where deemed appropriate by the Planning Board and approved by the Town Board will convey the required lands and improvements to the Town free and clear of encumbrances. Extensions of this two-year period may be granted by the Planning Board, for good cause shown.
(1) 
The Planning Board shall require as a condition of final plat approval, based upon an estimate prepared by the Town Engineer, that the applicant shall file with the Town Clerk either a performance bond, cash escrow account, or an irrevocable letter of credit from a bank having a credit acceptable to the Town to cover the cost of the required public improvements. Any such surety shall comply with the requirements of § 277 of the Town Law and, further, shall be satisfactory to the Town Attorney or his/her designee as to form, sufficiency, duration, renewability, and manner of execution. The term of the surety shall be sufficient, as determined by the Town, to permit the completion of improvements by the applicant.
(2) 
The required public improvements shall not be considered to be completed until the Town Engineer has approved the improvements as installed and an as-built map has been submitted to the Town. The map shall indicate the location of monuments marking all underground utilities as actually installed. The performance surety shall not be released until the improvements have been accepted by the Town Board upon the recommendation of the Town Engineer.
(3) 
The applicant shall complete all public improvements required for the lots, or part thereof, to the satisfaction of the Town before any certificate of occupancy may be issued.
(4) 
If the Town Board decides at any time during the term of the performance surety that the extent of the building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such performance surety, or that required improvements have been installed in sufficient amount to warrant reduction in the face amount of said surety, or that the character and extent of such development require additional improvements previously waived for a period stated at the time of fixing the original terms of such surety, the Town Board may modify its requirements for any or all such improvements, and the face value of such performance surety shall thereupon be reduced or increased by an appropriate amount so that the new face value will cover the cost in full of the amended list of improvements required by the Town Board and any security deposited with the surety may be reduced or increased proportionately.
C. 
Maintenance surety. The applicant shall file with the Town Board a maintenance surety in an amount which shall be adequate to assure the satisfactory condition of the initial public improvements for a minimum period of one year and for such period of time that is determined by the Planning Board following their completion and acceptance by the Town Board. Such surety shall be a bond, cash, or an irrevocable letter of credit, as determined by the Town, and shall be satisfactory to the Town Attorney as to form and manner of execution.
D. 
Supervision of improvements. The construction of all required improvements shall be supervised by the Town Engineer who, after completion of construction, shall certify to the Town Board that all required improvements have been constructed as required and approved by the Planning Board or as modified by the Planning Board.
E. 
Inspections. The Town may employ an inspector for the purpose of assuring the satisfactory completion of improvements required by the Planning Board and shall determine an amount sufficient to defray costs of inspection. The Town shall invoice the actual cost of the inspection to the applicant, who shall pay all amounts due in advance prior to the inspection. If the Planning Board or its agent finds, upon inspection, that any of the required improvements have not been constructed in accordance with the approved drawings, the applicant and the surety company will be severally and jointly liable for the costs of completing said improvements according to specifications. All improvements will be inspected to ensure satisfactory completion. In no case shall any paving work, including prime and seal coats, be done without at least 48 hours' notice to be given to the Town Engineer prior to any such construction so that a representative of the Town may be present at the time work is to be done. If the Town Engineer or other duly designated official does not carry out inspection of required improvements during construction, the applicant or the surety company shall not in any way be relieved of their responsibilities. The Town Engineer shall be notified after each of the following phases of the work has been completed so that he/she or his/her representative may inspect the work:
(1) 
Road subgrade.
(2) 
Curb and gutter forms.
(3) 
Road paving, after each coat in the case of priming and sealing.
(4) 
Sidewalk forms.
(5) 
Waterlines, sanitary sewer lines, stormwater drainage pipes and other drainage structures before backfilling.
(6) 
All underground utilities prior to backfilling.
F. 
Final inspection. A final inspection of all improvements will be made to determine whether the work is satisfactory and in substantial agreement with the approved final plat drawings and in compliance with the Town specifications as of the time the offer of dedication of the roads and other facilities is made to the Town Board. The general condition of the site as to cleanup and installation of sod or landscaping shall also be considered. Upon a satisfactory final inspection report, the Town Engineer shall recommend to the Town Board the release of the performance surety covering the improvements.
G. 
Proper installation of improvements. If the Town Engineer finds, upon inspection of the improvements performed before the expiration date of the performance surety, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the applicant and approved by the Planning Board, he shall so report to the Town Board and Planning Board. The Town Board then shall notify the applicant and, if necessary, the issuer of the bond or the irrevocable letter of credit and take all necessary steps to preserve the Town's rights under the surety. The Town Board may thereupon declare the applicant in default and collect the sum remaining payable under the surety agreement, and upon receipt of the proceeds thereof the Town shall install such improvements as are covered by the performance surety commensurate with the building development that has taken place in the subdivision, but not exceeding in cost the amount of such proceeds. With regard to a subdivision approved in parts or phases, no subsequent parts of such a plat shall be approved by the Planning Board as long as the applicant is in default on a previously approved part of the plat.
H. 
Survey monuments. Permanent monuments shall be set at block corners and at intervals or locations as the Planning Board may designate. Each location must be indicated by a suitable symbol on the subdivision plat. The type of monument must be approved by the Planning Board.
I. 
Time for completion of improvements. All improvements, or any part thereof required to service the lots as shown on a partial plat filing, shall be completed to the satisfaction of the Town Engineer before a building permit is issued with respect to any lot or dwelling fronting on a street shown on the subdivision plat.
J. 
Acceptance of improvements. The acceptance of improvements will not be considered or processed until three sets of as-built data in accordance with the approved plan are presented and approved by the Town Engineer showing the improvements and, in addition, the submission of legal documents necessary for the dedication to the public of these improvements.
A. 
Public acceptance of streets.
(1) 
The approval of the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the Town. As a condition of final plat approval, the applicant shall submit an irrevocable offer of cession for review by the Town Board and the Town Attorney. The irrevocable offer of cession shall be in a form suitable for recording and shall not be filed until approved by the Town Board.
(2) 
Every street shown on a plat that is filed or recorded in the office of the County Clerk as provided in these regulations shall be deemed to be a private street until such time as it has been formally offered for cession to be public and formally accepted as a public street by resolution of the Town or, alternatively, until it has been condemned by the Town for use as a public street.
(3) 
After such plat is approved and filed, the streets, highways and parks shown on such plat shall be and become a part of the Official Map or plan of the Town. The filing of the plat with the County Clerk shall constitute a continuing offer of dedication of the streets, highways or parkland areas, water supply and sewage disposal facilities, and said offer of dedication may be accepted by the Town Board at any time.
B. 
Street access and improvement prior to issuance of building permits.
(1) 
No permit for the erection of any building shall be issued unless the lot on which the building is proposed has frontage on a street or highway that has been duly placed on the Official Map or plan or, if there shall be no Official Map or plan, unless such street or highway is:
(a) 
An existing state, county or Town highway.
(b) 
A street shown upon a plat approved by the Planning Board.
(c) 
A street on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of the Planning Board and the grant to such Board of the power to approve plats.