Subdivision plats, including related streets, drainage, parks and other improvements and the provision for water supply, sewage disposal and easements, shall be planned, designed and constructed in accordance with the standards hereinafter specified, including the following:
A. 
Plans. Construction plans shall be prepared in accordance with good professional design practice. Such plans shall be approved in writing by the Planning Board and, at the discretion of the Board, may be required to be approved in writing by the Philipstown Superintendent of Highways or by an engineer or representative designated by the Town Board.
B. 
Construction. The construction of improvements shall be carried out in a workmanlike manner, in accordance with the time limits approved by the Planning Board and in accordance with the accepted construction program. All construction shall be subject to inspection and notification as follows:
(1) 
The Planning Board and the Town Superintendent of Highways or an engineer or representative designated by the Town Board shall have free access to the construction work at all times and shall be deemed authorized to take materials samples, cores and other tests as deemed necessary to determine compliance with the standards of these regulations.
(2) 
The Planning Board, Superintendent of Highways or representative designated by the Town Board may require the applicant, at his expense, to have such tests made and certified by a land surveyor or professional engineer, or both, as required or permitted by law.
(3) 
Other Town agencies and state and county agencies having regulatory jurisdiction over portions of the plat shall also have free access to the construction work at all times.
(4) 
The applicant or his contractor or agent shall give timely notice to the Town Superintendent of Highways or engineer or representative designated by the Town Board at the commencement and completion of each phase of the work in accordance with procedures as may hereafter be adopted by the Town Board or Planning Board.
In connection with the submission and approval of construction plans and grading plans, the Planning Board may require the applicant to submit a construction program and schedule, specifying the timing and sequence of construction steps, including provision for:
A. 
Control of soil erosion and sedimentation.
B. 
The completion and operative condition of various phases of streets and drainage facilities.
C. 
The installation of underground utilities and connections to lots.
D. 
The method and location for disposal of trees, stumps, excess earth materials and construction debris.
The Planning Board may approve alternate design and construction standards when:
A. 
Such standards are prepared by a professional engineer licensed by the State of New York.
B. 
The Planning Board determines that such standards will be in accord with the purpose and intent of these regulations; and
C. 
If constituting a modification of standards specified in other ordinances, local laws or regulations, such alternate standards are approved by the agency responsible for administration of such ordinances, laws or regulations.
Subdivision plats shall be planned and designed in general conformity with any Comprehensive Master Plan of development adopted by the Planning Board under § 272-a of the Town Law for the Town or the neighborhood encompassing the plat, particularly with regard to but not limited to:
A. 
The location and classification of streets;
B. 
Water supply, sanitary sewer and drainage systems and service areas; and
C. 
Provisions for a park or parks for playground or other recreational purposes.
Subdivision plats shall be planned and designed to conform to any Official Map adopted by the Philipstown Town Board under the provisions of §§ 270 and 273 of the Town Law, particularly with regard to the location, classification, standards and layout of streets, highways, drainage systems and parks.
[Amended 11-2-2000 by L.L. No. 4-2000]
A. 
The planning, design and construction of the subdivision plat, including related streets, drainage and other improvements and land disturbance, shall provide for protection and management of environmentally sensitive areas and natural features on and adjacent to the tract as follows:
(1) 
By avoiding excessive tree removal, cuts or fills and land disturbance which result in uncontrolled soil erosion and sedimentation or which may degrade watercourses, wetlands and water resources.
(2) 
By avoiding relocation of or encroachment upon natural watercourses, including ponds and lakes, and watercourse buffer zones.
(3) 
By avoiding land disturbance on wetlands and wetlands buffer zones and special flood hazard areas and other land subject to potential flooding.
(4) 
By avoiding removal of large isolated trees and desirable woods and other vegetation.
(5) 
By providing for use of and restriction of land disturbance on steep terrain and within steep terrain wetland/watercourse transition areas in accordance with § 147-4, Criteria for use, protection and management of steep terrain of Chapter 147.
(6) 
By providing for protection and management of watercourses and controlled wetlands, and their buffer zones, and of steep terrain consisting of Class II and III slopes and steep terrain wetland/watercourse transition areas by means of easement, reservation area with restrictions set forth on the plat map or other controls intended to provide for use and restriction of land disturbance in accordance with the criteria, standards and requirements of Chapters 93 and 147.
B. 
The Planning Board may at its sole discretion approve plans for the subdivision plat which modify such environmentally sensitive lands and natural features only when the Planning Board:
(1) 
Has made findings as to the existing conditions and causes for consideration of modification; and
(2) 
Has considered the alternatives to such modification; and
(3) 
Either has identified environmental benefits which may be achieved by modification or has determined that the modification will enable access to or within the tract when no practical alternative for access is available and that without the modification substantially all reasonable use of the tract would be precluded; and
(4) 
Only when permission for modification, as required by law, has been obtained by the applicant from any regulatory agency having jurisdiction.
A. 
Proposed building lots shall be of such shape, size, location, topography, access and character as to be occupied and used for building purposes, whether dwelling, business or industrial as permitted by law, without danger to the health and safety of the occupants, the neighborhood or the public. Any proposed lot which is found unsuitable for occupancy or building, such as by reason of water or flooding conditions, topography, unsuitable soils or other conditions, shall be combined with another contiguous lot that is suitable or shall be marked "This is not an approved lot" on the final plat map, until necessary improvements to the lot have been made and approved by the Planning Board and a revised final plat map has been submitted to and approved by the Planning Board.
B. 
Proposed building lots shall also conform to the following additional standards:
(1) 
Use. Proposed building lots shall have a shape, size and access suitable for the intended use, whether for dwelling or other purposes, in accordance with the zoning district where located.
(2) 
Lot size and zoning. Each lot shall conform to the Zoning Law of the Town of Philipstown[1] unless required by these regulations to be larger as follows:
(a) 
To accommodate on-site water supply and/or sewage disposal systems.
(b) 
When sole access to the lot is given by an open development area private right-of-way or easement created after the effective date of these regulations (July 3, 1980), in which case each lot shall contain an area of 120,000 square feet or more and shall be of such shape that a square with 250 feet on each side will fit on the lot.
(c) 
To comply with other requirements of this section.
[1]
Editor's Note: See Ch. 175, Zoning.
(3) 
Access. Each lot shall have access on a state, county or Town of Philipstown highway; a street shown upon a subdivision plat approved by the Planning Board; or a private right-of-way or easement approved under the Open Development Area General Regulations of the Town of Philipstown.[2] In addition, each lot shall be capable of accommodating vehicular access from such street or private right-of-way or easement to a parking space or spaces on the lot by means of a driveway[3] having a safe alignment and sight distances, having a grade no greater than 14% and meeting the street or private right-of-way or easement in a manner that maintains the standard cross section therefor in accordance with its classification under § 112-34A and the Town Road Specifications.[4]
[2]
Editor's Note: See Part 2 of this chapter.
[3]
Editor's Note: See Ch. 78, Driveways.
[4]
Editor's Note: See Ch. 150, Streets and Sidewalks, Art. III.
(4) 
Terrain. Proposed building lots shall be planned to make the best use of the natural terrain, to preserve substantial trees, woods, swamps and water resources and to avoid extensive regrading, particularly any regrading which would adversely affect the ability of the lot to accommodate on-site sewage disposal and/or water supply facilities or result in potential soil erosion and sedimentation.
(5) 
Lot numbers. All lots shall be numbered consecutively beginning with the numeral one. Sections of a subdivision plat under the same name shall have consecutive lot numbers. Letter designations, however, may be used for revision of lots.
(6) 
Municipal boundary. It shall be within the discretion of the Planning Board to disapprove any lot crossed by a municipal or special district boundary line. In the event that a lot crossed by a municipal boundary is to be approved, the portion of the lot within the Town of Philipstown and outside of the Villages of Cold Spring and Nelsonville shall conform in all respects to the Zoning Law and these regulations.
(7) 
Water supply and sewage disposal. Each lot shall be provided with water supply and sewage disposal systems, whether by on-site or central system, meeting the rules and regulations of and approved by the Putnam County Department of Health. Any proposed lot shown on a preliminary plat and deemed by the Planning Board to be unsuitable for on-site water supply and/or sewage disposal systems may be disapproved by the Board at the time of preliminary consideration, but such lot may be shown on the final plat map if approved for on-site systems by the Putnam County Department of Health.
(8) 
Building area and access. Each lot intended for use for a dwelling shall have a minimum buildable area and a motor-vehicle driveway thereto, or location for such driveway, in accordance with the criteria of § 85-4 of Chapter 85 and § 175-30 of Chapter 175.
[Added 11-2-2000 by L.L. No. 4-2000]
Streets shall be planned and designed in accordance with the Town Road Specifications and the following supplementary standards:
A. 
Classification.
(1) 
Each street in the subdivision plat shall have one of the following classifications in accordance with the function and location of the street as approved by the Planning Board:
(a) 
Local residential street: a street primarily providing access to abutting lots to be used for residential purposes.
(b) 
Collector street: a street of considerable existing or potential continuity on which traffic past abutting lots will be dominant and serving as an artery for intercommunication among large areas of the Town or serving as a feeder to a neighborhood.
(c) 
Commercial street: a street providing access to abutting lots used for business or industrial purposes or giving access to or circulation within business or industrial areas.
(d) 
Private way: a street that is a private right-of-way or easement providing sole access to not more than four abutting lots, each used only for a single-family detached dwelling for one family, and when such private right-of-way or easement is clearly identified on the final plat map as being privately owned and privately maintained and not offered for acceptance by the Town of Philipstown; provided, however, that a private way may provide access to additional lots that have practical and usable access on a state highway or county road when access by means of the private way will assist traffic safety by avoiding construction of additional driveways onto such highway or road.
(2) 
In addition, the Planning Board may assign each existing street abutting the subdivision plat as one of the above classifications unless such abutting street is a state highway or county road.
B. 
Street planning. Proposed streets and rights-of-way shall be planned in accordance with the following criteria:
(1) 
Streets shall provide safe and convenient circulation for both present and prospective traffic within the subdivision plat and within the neighborhood where the plat is located, taking into account, among other factors, the topography of the neighborhood, access by fire protection and other emergency vehicles and school bus service.
(2) 
Each local residential street, collector street and commercial street shall connect to an existing state, county or Town of Philipstown road or street or to a street other than a private way, shown upon a subdivision plat approved by the Planning Board and over which the applicant has rights of access.
(3) 
Each private way shall connect to:
(a) 
An existing state highway or county road;
(b) 
An existing Town of Philipstown street or highway;
(c) 
A proposed Town street or highway shown on a plat approved by the Philipstown Planning Board and filed in the Putnam County Clerk's office; or
(d) 
A private right-of-way or easement meeting the requirements of the Open Development Area General Regulations of the Town of Philipstown[1] and giving sole access to no more existing or potential lots, including the lots proposed under the application, than permitted by such general regulations.
[1]
Editor's Note: See Part 2 of this chapter.
(4) 
Street should in general follow the contour of the land and should have a location and grade which accomplishes an attractive layout and development of the land, which preserves natural terrain, large isolated trees and desirable woods and other vegetation and which will enhance property values in the subdivision plat.
(5) 
Proposed streets which may be projected into adjoining property shall be carried to the boundary line. No reserve strips to block access to a street shall be provided unless specifically approved by the Planning Board as necessary for safety on the street.
(6) 
Unless otherwise approved by the Planning Board, proposed streets shall provide for continuation of existing Town streets terminating at the boundary of the subdivision.
(7) 
No street shall be located on steep terrain consisting of Class III Slopes or within steep terrain wetland/watercourse transition areas, on controlled wetlands and/or wetlands buffer zones or on special flood hazard areas unless the considerations, findings and requirements of § 112-32B have been fulfilled.
[Added 11-2-2000 by L.L. No. 4-2000]
C. 
Right-of-way. Streets shall have the following minimum width of right-of-way according to their classification or such greater width as approved by the Planning Board as necessary for anticipated traffic capacity, type of traffic, turning movements and construction requirements:
Type of Street
Right-of-Way Width
(feet)
Local residential street
50
Collector street
50
Commercial street
60
Private way
50
D. 
Street lines. Street lines on each side of a proposed street shall be parallel or shall be concentric arcs, except in intersections and turnarounds designed in accordance with these regulations. No street right-of-way shall be widened beyond the width specified in these regulations for the purpose of securing additional street frontage for proposed lots.
E. 
Existing streets. Proposed subdivisions abutting an existing county road or Town street shall provide for proper or proportionate widening of the right-of-way of such road or street to the width established by the County Superintendent of Highways or corresponding to the classification assigned such street by the Planning Board under Subsection A above.
F. 
Dead-end streets. Unless otherwise approved by the Planning Board, streets to be constructed to the Town Road Specifications, permanently closed at one end by building lots and which will not be extended in the future, shall not exceed a length of 1,000 feet. Temporary dead end streets, which may be projected into adjoining property at some future date, may exceed such length but shall not exceed a reasonable interim length for safe and convenient vehicular access, including emergency vehicles, as approved by the Planning Board.
G. 
Turnarounds. A turnaround shall be provided at the closed end of a dead-end street providing sole access to one or more building lots as follows:
(1) 
Streets to Town specifications. The turnaround shall have a diameter of 120 feet. The right-of-way for a turnaround on a temporary dead-end street, which may at some future date be projected into adjoining property, shall be provided in the form of a temporary easement noted on the final plat map.
(2) 
Private way. The turnaround shall have a diameter of 75 feet or may be a hammerhead- or branch-type turnaround capable of accommodating the turn and backing movements of a vehicle 40 feet in length.
H. 
Controlled access to streets. In general, the layout of building lots and streets, unless otherwise approved by the Planning Board, shall avoid vehicular driveway access to lots from state highways and county roads. Where such driveway access is approved by the Planning Board, the Board may specify the location of such access or require combined driveways to serve two or more lots.
I. 
Width of pavement. Streets shall be designed with the following width of pavement centered between the right-of-way lines:
Type of Street
Pavement Width
(feet)
Local residential street
20
Collector street
24
Commercial street
36
Private way
14
J. 
Grade. The minimum grade for any street shall be 1%, and the maximum grade shall not exceed the following:
Type of Street
Maximum Grade
(percent)
Local residential street
10
Collector street
10
Commercial street
8
Private way
14
Turnaround
3
K. 
Intersections: The following standards shall apply to street intersections:
(1) 
No more than two streets shall intersect at one point. Intersections shall be spaced not less than 400 feet apart.
(2) 
Streets shall intersect one another at as near to a right angle as possible; no intersection shall be at an angle of less than 60°.
(3) 
At street intersections, property line corners shall be rounded by an arc having a minimum radius of 25 feet.
L. 
Alignment. Connecting curves between tangents shall be provided for all deflection angles in excess of five degrees. Suitable tangents, not less than 100 feet, shall be provided between reverse curves, and the minimum radius of curvature at the center line of streets shall be as follows:
Type of Street
Radius of Curvature
(feet)
Local residential street
200
Collector street
500
Commercial street
300
Private way
75
M. 
Street names. Streets shall bear names which are appropriate to the character of the Town and which do not duplicate or too closely approximate in spelling or sound existing street names in the Town or any adjoining municipality. All street names shall be subject to the approval of the Town Board.
N. 
Other. Streets to be constructed to Town Road Specifications shall also be planned to conform to the sight distance, vertical curve, monumentation and other applicable standards of such specifications.[2]
[2]
Editor's Note: See Ch. 150, Streets and Sidewalks, Art. III.
[Amended 11-4-2022 by L.L. No. 3-2021]
A. 
Private ways providing access to 10 or more lots shall be built to the standards of the Town Road Specifications. Provided, however, that owners or developers on private ways providing access to 10 or more lots may apply to the Planning Board for authorization to improve the same to a lesser standard as set forth under the Open Development Area General Regulations of the Town of Philipstown if they are unable to comply with the applicable Town Road Specifications.
B. 
Private ways providing access to nine or fewer lots shall be constructed as follows:
(1) 
Travelway. Private ways shall be provided with at a fourteen-foot travelway constructed with a suitable compacted gravel or crushed stone base eight inches in depth, meeting the specifications for a foundation course set forth in the Town Road Specifications.
(2) 
Drainage. The travelway shall be provided with sufficient drainage to protect the stability of the travelway and to prevent water from crossing the travelway surface.
(3) 
The travelway shall have suitable grades and alignment to provide safe and convenient access to cars, fire apparatus and emergency vehicles, as well as for clearing of snow and ice.
Provided, however, if compliance with the said standards in regard to width of the travelway is not possible, the travelway may be improved to a lesser standard under the Open Development Area General Regulations of the Town of Philipstown if authorized by the Plarming Board.
C. 
Road maintenance agreement. All private ways shall have a legally established private road maintenance agreement as provided in Town Code § 112-64J(4).
Storm drainage shall be planned and designed in accordance with the Town Road Specifications and the following standards:
A. 
General. The storm drainage system shall provide for drainage from the entire area of the subdivision plat and shall take into account land outside the plat which normally drains across the area of the plat as well as the effects of the plan upon downstream drainage systems. The drainage systems for the subdivision plat shall make use of and protect, and improve as needed, the natural drainage system; artificial ditches are to be avoided. The drainage system shall provide for the following:
(1) 
Adequate drainage of proposed streets, including future extensions thereof into adjoining property, and adequate drainage from existing streets that are extended into the plat.
(2) 
Interception or management of existing channeled drainage coming from any adjoining property or street.
(3) 
Protection of locations necessary for on-site sewage disposal and water supply facilities.
(4) 
Prevention of flooding, soil erosion and sedimentation.
(5) 
On-site detention, where feasible, in order to lessen the time of downstream concentration and provide for continuity of flow in watercourses.
B. 
Encroachment lines. Floodplains, each stream that functions as part of the drainage system and any related swamp or floodplain shall be provided with channel, building or other encroachment lines to prevent encroachment, constriction or diversion by building, excavation, grading or filling. The encroachment lines shall be shown on the final plat map, accompanied by a note specifying the restrictions in a manner approved by the Planning Board.
Bridges, box culverts, deep manholes and other special structures shall be designed and constructed, where required, in accordance with good engineering practice and as approved by the Planning Board or the engineer or representative designated by the Town Board.
Easements for access to and use of land outside of a street right-of-way shall be provided as required or approved by the Planning Board and shall be shown on the final plat map with adequate survey information so that the land subject to easement may be accurately located by field survey. Easements shall be provided in at least the following cases:
A. 
For access to bridges and culverts with construction and maintenance equipment on streets to be constructed to the Town Road Specifications.
B. 
For stormwater pipes, water mains and sanitary sewers and appurtenances to be constructed to Town specifications, which easements shall be not less than 20 feet in width.
C. 
Easements for temporary turnarounds as provided in § 112-34G(1).
D. 
Temporary construction easements, for grading and other construction work, in the front 25 feet of each lot along a proposed street to be constructed to Town Road Specifications.
E. 
Where deemed necessary by the Planning Board, sight easements across corners of lots at intersections to assure safe lines of sight on the street.
F. 
Easements at least 10 feet in width for pedestrian ways to parks, playgrounds, schools and other public or semipublic places where the street system does not conform to a convenient pattern of pedestrian circulation.
Sidewalks shall be installed in places deemed necessary by the Planning Board, such as but not limited to in pedestrian easements, along collector streets and commercial streets and along other streets in the vicinity of schools, parks and playgrounds. Sidewalks shall be constructed in accordance with the Town Road Specifications.[1]
[1]
Editor's Note: See Ch. 150, Streets and Sidewalks, Art. III.
Provision shall be made for control of erosion and sedimentation, both during and after construction of streets, drainage, parks and other improvements; the Guidelines for Erosion and Sediment Control in Urban Areas of New York State, dated 1972 and published by the United States Department of Agriculture Soil Conservation Service, is an acceptable basis for design and construction.
When recommended by the Board of Fire Commissioners of the applicable fire district, the Planning Board may require that suitable existing ponds within the plat be designated as available for fire protection purposes and be provided with suitable permanent access by means of a driveway and/or hydrant for use in connection with Town fire protection services. Where there is no existing pond, the Planning Board may, where feasible, require the creation of such a pond on a watercourse within the plat, if recommended by the Board of Fire Commissioners and approved by any agency having regulatory jurisdiction over the watercourse. As recommended by the Board of Fire Commissioners, the Planning Board may require the provision of suitably improved fire access rights-of-way, such as between nearby dead-end streets, so as to assure alternate access for emergency services.
[Amended 5-12-1988, approved 6-2-1988]
In subdivision plats establishing lots to be used for residential purposes, a park or parks, suitably located for playground or other recreational purposes, shall be provided within the plat when required by the Planning Board. The maximum area of such park which may be required by the Planning Board is 10% of the total area covered by the plat. The park area provided shall be of such size, location, shape, topography and general character as to be useful to satisfy the needs determined by the Planning Board. Proper pedestrian and vehicular access shall be provided to each such park area.
A. 
Payment in lieu of reservation. If the Planning Board determines that a suitable park or parks of adequate size cannot be properly located within the plat or is otherwise not practical, the applicant shall pay to the Town a sum to be determined by the Philipstown Town Board to be used by the Town Board exclusively for neighborhood park, playground or recreation purposes, including the acquisition of property. FNOTEEditor's Note: See Art. II of Ch. 71, Development Fees.
B. 
Ownership. The method of ownership, operation and maintenance of a park area provided in a subdivision plat, whether by means of a neighborhood association, special district, cooperative or otherwise, shall be specified by the applicant and subject to the approval of the Planning Board.