In considering applications for subdivision
of land, the Planning Board shall be guided by the standards set forth
hereinafter and the Town of Galway Subdivision Design and Construction
Standards. Said standards shall be considered to be the minimum requirements and may be waived by the Planning Board only under circumstances set forth in Article
VII herein.
[Amended 7-8-1997 by L.L. No. 3-1997; 6-13-2000 by L.L. No. 1-2000]
A. Recreation areas shown on Town Comprehensive Plan. Where a proposed park, playground or greenspace shown on the Town Plan is located in whole or in part in a subdivision, the Board shall require that such area or areas be shown on the plat in accordance with the requirements specified in Subsection
B below. Such area or areas shall be dedicated to the town by the subdivider if the Town Board accepts such dedication.
B. Parks and playgrounds not shown on Town Comprehensive
Plan. The Planning Board may require suitable recreation areas and/or
green space be set aside by the developer in an amount not less than
5% of the accumulated building lot area. Such areas shall be dedicated
to the town by the subdivider if the Town Board accepts such dedication.
C. Information to be submitted. The subdivider shall
submit a detailed topographical map of all recreation areas prior
to approval by the Planning Board. The submittal shall consist of
five prints, plus one produced on Mylar at a scale of one inch equals
30 feet. The following features shall be included:
(1) The boundaries of said area, giving lengths and bearings
of all straight lines; radii, lengths, central angles and tangent
distances of all curves.
(2) The existing features, such as brooks, ponds, clusters
of trees, rock outcrops and structures.
(3) The existing and, if applicable, proposed changes
in grade contours of said area and of areas immediately adjacent.
D. Waiver of plat designation of area for parks and playground.
(1) In cases where the Planning Board finds that, due
to the size, topography or location of the subdivision, land for park,
playground or other recreation purposes cannot be properly located
therein or if, in the opinion of the Board, it is not desirable, the
Planning Board shall require, as a condition of approval of the plat,
that the owner pay to the town a $200 fee per new lot included in
the plat, which sum shall constitute a trust fund to be used by the
town exclusively for park, playground or recreation purposes, including
the acquisition of property.
[Amended 7-8-1997 by L.L. No. 3-1997]
(2) Such money shall be paid to the Town Board at the
time of final plat approval, and no plat shall be signed by the authorized
officer of the Planning Board until such payment is made. All such
payments shall be held by the Town Board in a special Town Recreation
Site Acquisition and Improvement Fund. This fund is to be used solely
for the acquisition of land that is suitable for permanent park, playground
or other recreational purposes or the physical improvement of existing
parks or recreation areas.
E. Special areas. Usable area or areas bordering streams,
lakes or other watercourses may be given special consideration by
the Planning Board in excess of the 5% The Planning Board may recommend
the Town Board acquire these areas by gift or purchase.
F. Reserve strips prohibited. Reserve strips of land
which might be used to control access from the proposed subdivision
to any neighboring property or to any land within the subdivision
itself shall be prohibited.
G. Preservation of natural features. The Planning Board
shall, wherever possible, preserve natural features which enhance
residential developments and the community. Features such as large
trees and groves, watercourses and falls, beaches, historic spots,
vistas and similar irreplaceable assets shall remain undisturbed.
No tree with a diameter of eight inches or more, as measured three
feet above the base of the trunk, shall be removed unless such tree
is within the right-of-way of a street shown on the final subdivision
plat. Removal of additional trees shall be subject to approval of
the Planning Board. In no case, however, shall a tree with a diameter
of eight inches or more, as measured three feet above the base of
the trunk, be removed without prior approval of the Planning Board.
H. Street trees. The Planning Board may require the planting
of street trees. The size, species and locations shall be approved
by the Planning Board.
I. Planting in right-of-way at street intersections.
No trees, hedges, shrubs, walls, etc., which would obstruct vision
from vehicles shall be placed within the street right-of-way or outside
a fifty-foot corner radius.