A. 
Character of land. Land of such a character that it cannot be used without danger to health or peril from firm, flood or other menace shall not be subdivided for residential purposes nor for such other uses as may increase danger to health, life or property or aggravate a flood hazard, but such land may be set aside for such uses as shall not involve such danger.
B. 
Frontage on improved street. The area to be subdivided shall have frontage on and access from a street on the Official Map, and, if such street is private, it shall be suitably improved, or there shall be a bond given by the developer to be held by the town to assure the completion of such improvement.
C. 
Monuments.
(1) 
Monuments shall be of a type which conforms to the Town Construction Standards and Specifications and shall be required wherever deemed necessary or appropriate by the Planning Board to enable all lines to be reproduced upon the ground.
(2) 
Concrete monuments shall be installed along county rights-of-way, on parklands and on other municipally owned property to delineate boundaries.
(3) 
Monumentation in subdivisions shall be by spikes in the center of the pavement, each spike with adequate ties [measurements from said spike to three or more suitably permanent structures, e.g., curbs, hydrant, house corner, etc.) to facilitate the replacement of any spike.
(4) 
Concrete monuments shall not be placed along the boundary of subdivisions abutting municipal boundaries.
(5) 
The Department of Engineering and Facilities Management is empowered to make additions and exceptions to the foregoing conditions.
[Amended 12-13-2018 by L.L. No. 9-2018]
A. 
Requirements. Streets shall be appropriately related to the topography with as many as possible of the building sites at or above the grades of the streets. Street grades shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided.
B. 
Block dimensions shall be generally wide enough to accommodate two lots in depth and generally not more than 12 times the minimum lot width required in the zoning district. In long blocks, the Planning Board may require the reservation of an easement through the block to accommodate utilities, drainage facilities or pedestrian traffic as required in § 254-25B and C.
C. 
Intersections.
(1) 
Intersections of streets shall be at angles as close to 90% as possible. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least 100 feet therefrom. Where three or more streets intersect, a turning circle or other special treatment may be required by the Planning Board. Wherever two streets intersect at an angle smaller than 75%, the right-of-way returns and the relation of gutter grades shall be given special treatment as determined by the Board, and islands to channel traffic may be required.
(2) 
Intersections of major streets by other streets shall be at least 800 feet apart, if possible. Cross-street (four-cornered) intersections shall be avoided, except as shown on the Town Master Plan or at other important traffic intersections. A distance of at least 150 feet shall be maintained between center lines of offset intersecting streets. Grades shall be limited to no more than 3% within 50 feet of an intersection.
D. 
The arrangement of streets shall provide for the continuation of streets between adjacent properties when when such continuation is necessary for convenient movement of traffic, effective fire protection or efficient provision of utilities and where such continuation is in accordance with the Town Master Plan. If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way shall be extended to the property line. A temporary T- or L-shaped turnaround shall be provided on all temporary dead-end streets, with the notation on the plat that land outside the normal street right-of -way shall revert to abutters whenever the street is continued. The Planning Board may limit the length of temporary dead-end streets in accordance with Subsection J.
E. 
Where a street does not extend to the boundary of the subdivision and its continuation is not required by the Board for access to adjoining property, its terminus shall normally not be nearer to such boundary than 50 feet. However, the Planning Board may require the reservation of a twenty-foot-wide easement to accommodate drainage facilities, pedestrian traffic or utilities. A circular turnaround shall be provided, unless an alternate design is allowed by the Planning Board, at the end of a permanent dead-end street in accordance with the Town Construction Standards and Specifications.[1] For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets shall be limited in length in accordance with Subsection J. Where it is impossible to subdivide a property except by a dead-end road which is longer than permitted by these regulations, the Board may require that a divided roadway with a center mall be constructed in a seventy-foot right-of-way (or greater width, if required) in such a manner that either side of the roadway could be used in emergencies for two-way traffic.
[1]
Editor's Note: See Ch. 109, Building Construction Administration.
F. 
All roads shall be named, and such names must be reviewed by the Town Department of Engineering and Facilities Management, Superintendent of Highways and local postmaster before a formal application will be accepted. Names shall be sufficiently different in sound and spelling from other road names in the town so as not to cause confusion. A road which is or is planned as a continuation of an existing road shall bear the same name.
[Amended 12-13-2018 by L.L. No. 9-2018]
G. 
Streets shall be suitably located, of sufficient width and adequately improved to accommodate the prospective traffic and to afford satisfactory access to police, fire-fighting, snow-removal or other road maintenance equipment and shall be arranged in a convenient and safe system. The location, arrangement or design of streets shall be such as to cause no undue hardships to adjoining properties.
H. 
The creation of reserve strips adjacent to a proposed street so as to deny access from property abutting the street is not permitted.
I. 
Streets shall meet the design standards set forth in Subsection J. Street classification is as indicated on the Town Master Plan or Official Map but, if not, shall be determined by the Planning Board.
J. 
Design standards for new streets.[2]
[2]
Editor's Note: The Design Standards for New Street can be found at the end of this chapter.
A. 
Streets. Streets shall be graded and improved and conform to the Town Construction Standards and Specifications and shall be approved as to design and specifications by the Department of Engineering and Facilities Management.
[Amended 12-13-2018 by L.L. No. 9-2018]
B. 
Drainage improvements.
(1) 
The developer may be required by the Planning Board to carry away by pipe or open ditch any spring or surface water that may exist either previously to or as a result of the subdivision. Such drainage facilities shall be located in road rights-of-way, where feasible, or in perpetual unobstructed easements of appropriate width and shall be constructed in accordance with the Construction Standards and Specifications.
(2) 
A culvert or other drainage facility shall in each case be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The Town Department of Engineering and Facilities Management shall determine the necessary size of the facility based on the provisions of the Construction Standards and Specifications, assuming conditions of maximum potential watershed development permitted by the Zoning Regulations.[1]
[Amended 12-13-2018 by L.L. No. 9-2018]
[1]
Editor's Note: See Ch. 290, Zoning.
(3) 
The Department of Engineering and Facilities Management may require the examination of the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision.
[Amended 12-13-2018 by L.L. No. 9-2018]
(4) 
The Comprehensive Drainage Study for the Town of Clarkstown, prepared by Goodkind & O'Dea, September 1972, shall serve as a guide to needed improvements. 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 may withhold approval of the subdivision until provision has been made for the improvement of said potential condition.
C. 
Street signs.
(1) 
Street signs of a type approved by the Superintendent of Highways shall be provided by the developer and placed at all intersections in locations within the right-of-way approved by the Superintendent of Highways.
(2) 
When required by the Planning Board, the applicant shall contribute funds for the installation of stop sign(s).
D. 
Streetlighting standards. Where required by the Planning Board, streetlighting standards of a design conforming to the town's Construction Standards and Specifications shall be placed in a manner and location approved by the Department of Engineering and Facilities Management. In the case of a subdivision involving a county or state highway, approval shall be obtained from the County Superintendent of Highways.
[Amended 12-13-2018 by L.L. No. 9-2018]
E. 
Street trees. The Shade Tree Commission may require the planting of new street trees, consistent with the requirements of the Shade Tree Regulations.
F. 
Sanitary sewer facilities and sanitary sewer districts. The developer shall install sanitary sewer facilities in a manner prescribed by the Town Construction Standards and Specifications.
G. 
Fire hydrants and water supply districts. The developer shall petition the Town Board to extend or create a water supply district for the purpose of providing fire hydrants to the subdivision where public water is available.
H. 
All subdivision applications and applications for building permits will require that all utilities, including electric, telephone, cable television, etc., shall be installed underground. Electrical service shall be installed in a conduit. The manner in which this conduit is installed and the materials used will comply with the current edition of the National Electric Code being enforced. No certificates of occupancy shall be issued except where such certification has been received from the fire underwriter.
A. 
Lot arrangements. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the Zoning Regulations[1] and County Health Department Regulations and in providing driveway access to buildings on such lots from an approved street.
[1]
Editor's Note: See Ch. 290, Zoning.
B. 
Access across a watercourse. Where a watercourse separates the buildable area of a lot from the street by which it has access, provisions shall be made for the installation of a culvert or other structure of a design approved by the Department of Engineering and Facilities Management.
[Amended 12-13-2018 by L.L. No. 9-2018]
C. 
Lot dimensions. Lot dimensions shall not be less than the minimum standards of the Zoning Regulations. Where lots are more than double the minimum required area for the zoning district, the Planning Board may require that such lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve such potential lots in compliance with the Zoning Ordinance and this chapter.
D. 
Side lot lines. Side lot lines shall be at right angles to street lines, or radial to curving street lines, unless a variation will result in a better street or lot plan.
E. 
Access from major and secondary streets. Lots shall not derive access exclusively from a major or secondary street. Where driveway access from a major or secondary street may be necessary for several adjoining lots, the Planning Board may require that such lots be served by a combined access drive in order to limit possible traffic hazards on such street. Driveways shall be designed and arranged so as to avoid requiring vehicles to back into traffic. Turnarounds on lots may be required in such cases.
F. 
Corner lots. Dimensions of corner lots shall be large enough to allow for the placement of a building observing the minimum front yard setback from both streets.
G. 
Water bodies. If a tract being subdivided contains a water body or portion thereof, lot lines shall be so drawn as to distribute the entire ownership of the water body among the fees of adjacent lots. The Planning Board may approve an alternate plan whereby the ownership of and responsibility for safe maintenance of the water body is so placed that it will not become a town responsibility.
A. 
Park and recreation standards. The Planning Board may require that land be reserved for various parks and types of park and recreation facilities in locations designated on the Town Master Plan or Official Map, or otherwise, where it deems that such reservations would be appropriate. Each reservation shall be of suitable size, dimension, topography and general character and shall have adequate road access for the particular purposes envisioned by the Planning Board. The area shall be shown and marked on the plat, "Reserved for Park and Recreation Purposes." When park and recreation areas are required, the Planning Board shall determine the number of acres to be reserved from the following table, which has been prepared on the basis of providing two acres of park and recreation areas for every 100 families.
Table of Park and Recreation Requirements
Zoning District
Percentage of Total and Land in Subdivision to be Reserved for
Park and Recreation Purposes
Residence R-160
0.5
Residence R-80
1.0
Residence R-40
2.0
Residence R-22
3.5
Residence R-15, R-10
5.0
B. 
Minimum size of park and recreation reservations. In general, land reserved for park and recreation purposes shall have an area of at least four acres. When the percentages from the table above would create less than four acres, the Board may require that the park and recreation area be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided. In no case shall an area of less than two acres be reserved for park and recreation purposes if it will be impractical or impossible to secure additional lands in order to increase its area.
C. 
Park and recreation sites. Land reserved for park and recreation purposes shall be of a character and location suitable for use as a playground, playfield or other recreation purpose and shall be relatively level and dry. A park and recreation site shall have a total frontage on one or more streets of at least 200 feet, and no other dimension of the site shall be less than 200 feet. The Planning Board may refer any subdivision proposed to contain a dedicated park to the Town Superintendent of Parks and Recreation and the Town Parks Board and Recreation Commission for their recommendations. All land to be reserved for dedication to the town for park and recreation purposes shall have prior approval of the Town Board.
D. 
Other park and recreation reservations. None of the subsections above shall be construed as prohibiting a developer from reserving other land for park and recreation purposes in addition to the requirements of this section.
[Amended 5-31-2005 by L.L. No. 4-2005]
A. 
Where the Planning Board determines, with respect to a particular plat, that a reservation of land would be inadequate in size for park or recreational use, either along or in conjunction with abutting reservations on adjoining properties, or otherwise inappropriate for such use, the Planning Board shall waive and replace such requirement with a condition that, instead of a reservation of land, the applicant shall, in advance of endorsement of the plat by the Chairman, make to the Town a payment by certified check in an amount corresponding to the rate established by resolution of the Town Board per approved single-dwelling lot, or in the case of multiple dwellings, the amount established per single unit or per bedroom.
B. 
The Town Board is authorized to establish the amount to be paid as a condition of approval instead of a reservation of land upon the recommendation of the Planning Board, which shall periodically make such recommendation after inquiry to evaluate current facilities, community needs, and comparative costs for acquisition of recreation and parkland.
C. 
Such payment shall be held in a special Park and Recreation Site Acquisition and Improvement Fund, to be used for the acquisition of sites that are properly located for neighborhood park, playground or recreational purposes or for the physical improvement of such sites or for eligible equipment.
A. 
Widening or realignment of existing roads. Where a subdivision borders an existing narrow road or when the Town Master Plan indicates plans for the realignment or widening of a road that would require the use of some of the land in the subdivision, the developer may be required to show areas for widening or realigning such roads on the plat, marked "Reserved for Road Realignment (or widening) Purposes." It shall be mandatory to indicate such reservation on the plat when a proposed widening or realignment is shown on the Town or County Official Map.
B. 
Utility and drainage easements.
(1) 
Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities within road rights-of-way, perpetual unobstructed easements at least 15 feet in width for such utilities or drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Such easements shall be indicated on the plat. Drainage easements shall be carried from the road to a natural watercourse or to other drainage facilities.
(2) 
When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat.
C. 
Easements for pedestrian access. The Planning Board may require, in order to facilitate pedestrian access from roads to schools, parks, playgrounds or other nearby roads, perpetual unobstructed easements at least 20 feet in width or fee title to said land. Such access shall be indicated on the plat and shall be on the property to be subdivided.
D. 
Conservation easements. In order to protect environmentally sensitive land or to otherwise protect the environment or preserve special environmental or man-made features, or to otherwise protect land due to special characteristics, the Planning Board may require the provision of conservation easements. Where a conservation easement has been required by the Planning Board, prior to the Chairman's endorsement, such easement shall be provided in a form acceptable to the Town Attorney and shall be filed with the Rockland County Clerk's office. A map note shall be placed on the subdivision plan, indicating that the conservation easement is on file in the Rockland County Clerk's office, Number ________________, Page ____________, dated ___________ .
A. 
Preservation of existing features and trees.
(1) 
The Planning Board may refer proposed subdivisions to the Town Shade Tree Commission to inspect the site and recommend the preservation of trees. If, in the opinion of the Commission, certain outstanding trees or clumps of trees should be preserved, the Shade Tree Commission may request and the Planning Board may require that the subdivision be designed to permit such trees to be saved.
(2) 
Existing features which would add value to residential development or the town as a whole, such as trees, watercourses and falls, beaches, historic spots and similar irreplaceable assets, shall be preserved insofar as possible through harmonious design of the subdivision.
B. 
Self-imposed restrictions. If the owner places restrictions on any of the land contained in the subdivision greater than those required by the Zoning Regulations.[1] such restrictions or reference thereto may be required to be indicated on the subdivision plat. Such restrictions shall comply in all respects with the laws of the State of New York.
[1]
Editor's Note: See Ch. 290, Zoning.
C. 
Subdivisions including land zoned for business or industry. If a proposed subdivision includes land that is zoned for business or industrial purposes, the layout of the subdivision shall make such provisions as the Planning Board may require for safe and convenient access to automobile parking and loading and unloading spaces as may be required by the Zoning Regulations or otherwise for the safe and convenient access to such land.
D. 
Flag lots. As flag lots can result in development which is prone to poor emergency access and drainage, privacy and aesthetic concerns, and often result in negative impacts on the character of the neighborhood, their creation is prohibited.
[Added 1-23-2023 by L.L. No. 1-2024]
Where the Planning Board finds that, because of special circumstances of a particular plat, extraordinary hardships may result from strict compliance with these regulations, it may adjust the regulations so that substantial justice may be done and the public interest secured, provided that any such adjustment will not have the effect of nullifying the intent and purpose of this chapter, the Town Master Plan or the Official Map of the town. In granting any adjustment, the Planning Board shall attach such conditions as are, in its judgment, necessary to secure substantially the objectives of the standards or requirements so adjusted.