The purpose of this article is to ensure functional
and attractive subdivision design, to minimize adverse impacts and
to ensure that a project will be an asset to the community. In acting
upon plats, the Planning Board shall require in the public interest,
among other conditions, that the tract shall be adequately drained
and that the streets shall be of sufficient width and suitable grade
and suitably located to accommodate prospective traffic and to provide
access for emergency equipment to all buildings and recreation areas.
The Planning Board shall further require that all lots shown on the
plats 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 minim specifications
established by the municipality. In considering applications for subdivision
of land, the Planning Board shall be guided by the standards set forth
hereinafter. Said standards shall be considered to be minimum requirements.
All streets proposed as part of subdivisions, or extensions of existing streets as part of subdivisions, shall have all improvements in connection with the streets constructed in conformance with the requirements of the Code of the Town of New Windsor, Chapter
252, Article
II, Street Specifications for Proposed Town Roads and Construction on Existing Town Roads.
A. Right-of-way width.
(1) Street right-of-way widths shall be shown on the general plans submitted to the Planning Board and shall not be less than as outlined in Code of the Town of New Windsor, Chapter
252, Article
II, Street Specifications for Proposed Town Roads and Construction on Existing Town Roads.
(2) The right-of-way width for private roads or shared
commercial access ways serving multifamily, commercial and industrial
developments shall be determined by the Planning Board on an individual
basis and shall, in all cases, be of sufficient width and design to
accommodate safely the maximum anticipated traffic, parking and loading
needs, while considering conditions imposed by climate, terrain and
natural features.
B. All proposed streets shall include proposed street
names on plats. All street names shall be approved by the Town Board
and 911 Coordinator. Proposed street names shall be substantially
different and coordinated with local emergency services so as not
to be confused in sound or spelling with present names. Streets that
join or are in alignment with streets of an abutting or neighboring
property shall bear the same name.
C. Where a subdivision borders or includes existing roads that do not conform to street right-of-way widths as shown on the Official Map or that do not conform to the width requirements of this chapter, or when the County or Town Comprehensive Plans or Highway Departments indicate plans for the realignment or widening of a road that would require use of some of the land in the subdivision, the subdivider shall be required to provide a dedication of land for widening or realigning such roads on the plat, along one or both sides of such streets. Land dedicated for such purposes may not be counted in satisfying yard or area requirements of Chapter
300, Zoning.
D. No certificate of occupancy shall be issued for any
dwelling unit serviced by a proposed public street unless said street
and improvements are constructed and completed in conformance with
all Town road specifications and approved and certified as acceptable
by the Town Engineer and Highway Superintendent and dedicated to the
Town of New Windsor. Any exceptions must be approved and bonded to
the satisfaction of the Town Engineer and Highway Superintendent.
E. Street trees must be provided where deemed necessary by the Planning Board. Street trees are to be spaced at forty-foot intervals on both sides of the street outside the right-of-way and shall be a minimum of 2 1/2 inches in caliper, measured at a height of four feet above existing grade in accordance with §
257-20L of these regulations.
Improvements shall be designed and constructed
in accordance with Town of New Windsor specifications and as required
by the Planning Board. All improvement design and installation shall
be approved by the Town Engineer and Highway Superintendent. All subsurface
construction under roadways shall be completed prior to the paving
of streets.
A. Streets shall be constructed in conformance with the
minimum standard requirement of the Town road specifications.
B. If determined necessary by the Planning Board, curbs,
sidewalks and streetlighting shall be provided to adequately serve
the future residents of the subdivision and the community.
C. Street signs and traffic control signs shall be installed
as required by the Planning Board and in accordance with the Town
Highway Department requirements and the latest edition of the New
York State Manual of Uniform Traffic Control Devices.
D. Driveways.
(1) Driveways shall be installed in approved locations.
Driveways must provide emergency vehicle access to all buildings pursuant
to specifications required by the Town.
(2) Adequate sight distance, as acceptable to the Town
Highway Superintendent, must be available at all driveway locations.
(3) Driveways may serve only one lot or residential use.
(4) Driveway grades shall not exceed 15%. All driveways
with grades in excess of 10% shall be paved with a minimum of two
inches of asphaltic concrete top course for the entire length prior
to issuance of a certificate of occupancy.
(5) Driveways within the Town right-of-way shall be constructed
in slope, width, and detail to conform to the standard details of
construction and permitting requirements as established by the Town
Highway Superintendent.
(6) As a minimum, all driveways shall be paved and properly
crowned for a minimum of 20 feet from the edge of the pavement.
(7) Wherever reasonably practicable, turnarounds shall
be provided to prevent vehicles from backing on to public roads.
E. Utilities.
(1) In all subdivisions with five or more lots, or where
deemed appropriate on minor subdivisions, the Planning Board shall
require all utilities to be installed underground.
(2) Service connections to all lots shall be provided
for all utilities and shall extend to the lot property lines. The
developer shall, at his own expense, install the necessary bases,
connections and metal utility poles for the streetlighting of the
development, as required.
(3) Written assurance may be required by the Planning
Board stating that any involved utility company, public or private,
will provide service and service installations, as required, to the
proposed development within a specified time period. The developer
shall also contact the telephone, electric and gas companies and have
underground facilities installed in the street right-of-way and on
the lots. These requirements are under Public Service Commission and
Planning Board rulings.
(4) Utility companies shall allow for the future location
of facilities by physically marking their location, documenting their
as-built location and/or uniformly aligning them with streets or other
physical features.
(5) Conduit placed beneath roadways shall be capable of
withstanding the anticipated load and shall meet requirements for
AASHTO H-20 loading.
F. Drainage improvements.
(1) A stormwater management system and other drainage
improvements shall be installed as required. Stormwater drainage systems
shall be designed to protect natural waterways, convey upstream and
on-site stormwater runoff to a natural watercourse or to a storm drainage
facility, provide protection from the storm event and prevent property
damage and loss of life.
(2) Drainage systems shall be designed in relation to
the drainage pattern affecting the areas involved, with proper provision
to be made for adequate stormwater control facilities. The subdivider
may be required by the Planning Board to carry away, by pipe or open
ditch, any spring or surface water that may exist either previous
to or as a result of the subdivision. Drainage facilities shall be
located in the street right-of-way, where feasible, or in perpetual
unobstructed easements of appropriate length and width. A culvert
or other drainage structure shall, in each case, be of adequate size
to accommodate the potential runoff from the entire upstream drainage
area, whether inside or beyond the subdivision area. The design and
size of drainage structures shall be subject to the approval of the
Town Engineer.
(3) Drainage structure capacity shall be based on anticipated
runoff from the following storm frequencies:
(a)
For watersheds with drainage areas of less than
320 acres, all structures shall be designed to convey and control
peak runoff for a twenty-five-year storm event.
(b)
For watersheds with drainage areas of between
320 and 640 acres, the structures shall be designed to convey and
control peak runoff for a fifty-year storm event.
(c)
For watersheds with drainage areas larger than
640 acres (one square mile), all structures shall be designed to convey
and control peak runoff for a one-hundred-year storm event.
(4) Drainage facilities shall be designed to control stormwater
runoff so that peak runoff flow rates after development do not exceed
peak flow rates prior to the proposed development. Deviation from
this requirement may be permitted by the Planning Board only when
the subdivider proves to the satisfaction of the Board that no detrimental
effects will result and special circumstances warrant.
(5) Drainage facilities shall be designed, at a minimum,
to attenuate “first flush” accumulated contaminants contained
in initial runoff during a storm event and shall be in compliance
with the New York State Department of Environmental Conservation’s
most current publication regarding reducing the impacts of stormwater
runoff from new development.
(6) The subdivider’s engineer shall study all drainage
considerations and submit a written drainage report on the effect
of the proposed development on the existing drainage basin and downstream
drainage facilities, including those outside the area of the development.
This report shall also adequately support the sizing and capacity
of all existing and proposed drainage structures. Such study shall
be reviewed by the Town Engineer.
(7) Adequate drainage of individual lots and dwellings,
including footing drain, roof, driveway and other impervious surface
runoff, shall be required by the Planning Board.
(8) Site grading necessary for proper drainage shall be
indicated on the plans.
(9) Stormwater detention basins, retention basins and
water quality ponds shall also be subject to the following requirements:
(a)
A homeowner’s association shall not be
tasked with owning and maintaining the drainage basins or ponds.
(b)
The Town shall accept dedication of the properties
on which the basin and improvements are located and assume maintenance
responsibilities, this being determined the best alternative to guarantee
the long-term proper function of the improvements.
(c)
In order to create a device to financially support
the maintenance of needed drainage facilities, a drainage district
shall be created, and the drainage district shall incorporate all
lots of the subdivision, or the lots as the Town may determine, benefited
by the improvements. The drainage district shall be initiated, before
subdivision approval, and all costs for the formation of the district
shall be borne by the developer.
(d)
Drainage districts so formed shall contract
out for grass mowing maintenance and cleanout of the basins approximately
six times per year; and the Highway Department shall maintain the
inlet and outlet structures as required.
(e)
Prior to subdivision approval, the developer
shall provide the deed, including metes and bounds description, for
the basin parcel or easement to the Attorney for the Town, Engineer
for the Town, and Highway Superintendent for review and approval.
(f)
The following basin design criteria shall be
incorporated into all basins and ponds:
[1]
Landscaping is required where buffers or screening
are necessary, in the opinion of the Planning Board, staggered white
pine plantings and berms being deemed preferable for these situations.
[2]
Basins shall include stone channels between
inlet and outlet locations. The channel shall be over-excavated, filled
with stone during construction and have a final course of riprap placed
after initial siltation occurs and the basin is stabilized.
[3]
Maximum side slopes shall be 1:3 (vertical:horizontal).
[4]
Fences shall generally not be required, but
may be added a the discretion of the Planning Board. All fences shall
be black vinyl-coated chain link, four-foot height, as a minimum standard.
G. A developer shall install water mains and sanitary
sewers with services to the right-of-way line. All such utilities
shall be designed in accordance with Town specifications and with
the guidelines established by the New York State Department of Health
and the New York State Department of Environmental Conservation. Proposed
and as-built prints of water and sanitary sewer improvements shall
be given to the electric, gas and telephone company and the Town.
H. Erosion and sedimentation control.
(1) Erosion and sedimentation control plans are to be
submitted to the Planning Board. Such plans shall include adequate
temporary and permanent measures for the control of erosion and siltation,
governed by the guidelines and policies contained herein, the most
current United States Department of Agriculture (USDA) publication
regarding New York guidelines for urban erosion and sedimentation
control and the most current New York State Department of Environmental
Conservation (NYSEC) publication regarding reducing the impacts of
stormwater runoff from new development.
(2) Submitted erosion and sedimentation control plans
may be subject to review by the Orange County Soil and Water Conservation
District.
(3) The following measures, among others shall be utilized
to control erosion and sedimentation and stabilize all areas disturbed
during site work and construction:
(a)
The smallest practical area of land shall be
disturbed at any one time during construction.
(b)
When land is exposed during construction, the
exposure shall be kept to the shortest practical period of time.
(c)
Temporary vegetation, mulch, silt fences, hay
bale dikes and other measures shall be used as necessary to protect
areas disturbed during clearing, grading and construction.
(d)
Temporary or permanent sediment basins (silt
traps) shall be installed and maintained to remove sediment from stormwater
runoff.
(e)
Runoff shall be temporarily or permanently diverted
to avoid flowing over or through disturbed areas.
(f)
Provisions shall be made to effectively accommodate
the increased runoff caused by changed soil and surface conditions
during and after construction.
(g)
Permanent final vegetation, drainage structures
and erosion and sedimentation control measures shall be installed
as soon as practical during construction.
(h)
The development plan shall be fitted to the
topography and soils so as to create the least erosion potential.
(i)
Natural vegetation shall be retained and protected
to the greatest extent possible.
(j)
The natural topography shall be maintained to
the greatest extent possible.
(k)
New drainage swales shall be stabilized, as
necessary, immediately following construction.
(4) Control measures must be installed prior to the commencement
of any site work, including clearing and grading.
(5) The estimated cost of constructing and maintaining
the required control measures shall be included in the performance
bond.
I. All rights-of-way shall be properly graded and prepared
for vegetation establishment. Rights-of-way shall be paved, seeded,
or sodded, and landscaped in coordination with the Town Highway Superintendent
and Planning Board.
J. The developer shall make such notifications and shall
appropriately schedule all work such that the work is completed with
continuous or periodic inspections (level of review as determined
by Town) by Town representatives performed. All work is subject to
removal and reconstruction where such notifications and inspections
are not made.
To provide for the establishment of adequate
land for parks, playgrounds, recreation and schools, or other public
use shown on the Town Comprehensive Plan, the Planning Board shall
require either the reservation of land or the payment of a fee to
the Town, to be used for said land acquisition or improvements.
A. The Planning Board may require the reservation of
land for park or recreational purposes to be designated on the plat.
The land area required to be reserved for these purposes shall not
exceed 10% of the total gross area of the larger area. Such reservation
must be of character, extent and location suitable for the development
of a park, playground or other recreational purpose. In general, such
reservation shall have an area of at least 10 acres and adequate street
access. The Planning Board may require that the developer satisfactorily
grade and seed any such recreation areas shown on the plat.
(1) Such reserved area may be dedicated to the Town by
the subdivider, if approved by the Town Board.
(2) Such reserved area may be retained in private ownership
and shall be subject to such conditions as the Planning Board may
establish for the subdivision concerning access, use and maintenance
of lands as deemed necessary to assure the preservation of such lands,
in perpetuity, for their intended purposes. Such conditions shall
be shown on the plat prior to plat approval and recording.
B. In cases where the Planning Board finds that, because
of the size, topography, location or character of the subdivision,
land for park, playground or other recreation purposes cannot be properly
located therein, or if, in the opinion of the Town Board, it is not
in the public interest to accept municipal dedication of a proposed
recreation facility nor would a private recreational facility serve
the public interest, the Planning Board may waive the requirement
that the plat show land reserved for such purposes. The Planning Board
shall then require, as a condition to final approval of the plat,
a payment to the Town of a fee in lieu of land reservation. Such fee
shall be of the amount specified and approved by the Town Board in
the most current Town fee schedule. Such fee shall be used for the
purchase and development of sites for parks, playgrounds or other
recreational purposes. If the Town Board feels that recreational facilities
only partially serve the public interest, the Board may approve a
partial fee in lieu of providing additional parkland.