The owner shall observe the following general
requirements and principles of land subdivision.
A.
The arrangement, character, extent, width and location
of all streets shall conform to the Master Plan and to the Official
Map, if any, and shall be considered in their relation to other existing
and planned streets, to topographical conditions, to public convenience
and safety and in their appropriate relation to the proposed uses
of land to be served and/or abutted by such streets.
B.
Where such is not shown in the Master Plan, the arrangement
of streets in a subdivision shall either:
(1)
Provide for the continuation or appropriate projection
of existing principal streets in surrounding areas.
(2)
Conform to a plan for the neighborhood approved or
adopted by the Planning Board to meet a particular situation where
topographical or other conditions make continuance or conformance
to existing streets impracticable or undesirable.
C.
Local streets shall be so laid out that their use
by through traffic will be discouraged.
D.
Where a subdivision abuts or contains an arterial
street, the Planning Board may require marginal access streets, reverse
frontage lots with screen planting contained in a nonaccess reservation
along the rear property line or such other treatment as may be necessary
for adequate protection of residential properties and to afford separation
of through and local traffic.
E.
The Board may require that street names be approved
by the Chief of the Bureau of Fire Protection.
[Amended 4-6-1998 by L.L. No. 2-1998]
F.
Public access shall be provided to streets, water
plants, sewage treatment plants or to other land dedicated or to be
dedicated to public use.
G.
Where a subdivision is traversed by a watercourse,
there shall be a stormwater easement not less than 25 feet in width
conforming substantially to the lines of such watercourse and such
further width or construction, or both, as will be adequate to confine
a design storm as specified in the subdivision storm drainage design
standards. Parallel streets or parkways may be required in connection
therewith.
H.
Where a residential subdivision is proposed with more
than 18 dwelling units, two means of access must be provided, except
in extreme circumstances where the Board may waive the requirements.
Wherever practical, said entrances should be at least 300 feet apart.
[Amended 6-28-1993 by L.L. No. 11-1993]
I.
Two means of access may be required for nonresidential
development if deemed necessary by the Board.
J.
Intersections with arterial streets should be held
to a minimum and preferably spaced at least 1,000 feet apart. The
need for nonvehicular transportation ways shall be required where
deemed essential to provide circulation or access to schools, playgrounds,
shopping centers, transportation and other community facilities.
[Amended 4-6-1998 by L.L. No. 2-1998]
[Amended 4-6-1998 by L.L. No. 2-1998]
A.
The length, width and shape of lots shall be determined
with due regard to:
B.
Land subject to flooding and land within the one-hundred-year
floodplain as described by the Federal Emergency Management Agency
National Flood Insurance Program Maps shall not be platted for residential
occupancy nor for such other uses as may increase danger to life or
property or aggravate the flood hazard unless it can be demonstrated
to the satisfaction of the Planning Board and Town Engineer that such
construction could be accomplished safely and that said construction
would not impede the natural flow and condition of the floodwater.
C.
The subdividing of the land shall be such as to provide
that each lot abuts a public street which provides satisfactory access
via public streets to an existing public street or highway. In no
cases shall a subdivided lot have less than 40 feet of frontage on
said public street. In addition, keyhole- or flag-type lots shall
be large enough to contain the minimum lot acreage required by the
Zoning Ordinance,[1] without including the area within the driveway access
strip.
D.
Double-frontage and reverse-frontage lots should be avoided except where essential to provide separation of residential development from arterial streets or other disadvantageous uses (see § 179-25D) or to overcome specific disadvantages of topography and orientation.
E.
Side lot lines shall be substantially at right angles
or radial to street right-of-way lines, unless otherwise required
by the Planning Board.
F.
In case a tract is subdivided into larger parcels
than normal building lots, such parcels shall be arranged so as to
allow the opening of future streets and logical further subdivision,
when appropriate.
A.
Offer by subdivider.
(1)
The owner shall be required to offer to the town either
Class A type usable land equal in size to at least 5% of the owner's
subdivided tract, Class B type usable land equal in size to up to
10% of the owner's subdivided tract, money in lieu of land or a combination
of all three. Class A type usable land shall be used for parks, playgrounds
or other specific public recreational uses (to be defined as "park
land"). Class B type usable land shall be left as passive open space
(to be defined as "open space"). The Board shall refer such offers
to the Office of Community Affairs for review and recommendations.
(2)
If the Planning Board determines that the five-percent
area offered by the owner would not be useful for a public purpose
or if the dedication of land within the subdivision would not conform
to the Master Plan or Official Map or is otherwise not practical,
the Board shall require, as a condition to approval of the plat, that
the owner pay to the town a fee per lot included in the plat, which
sum shall constitute a trust fund to be used by the town exclusively
for neighborhood park, playground or recreation purposes, including
the acquisition of property (NOTE: Revised Addenda No. 2, adopted
March 1980). This fee shall be as set forth in the fee schedule in
Local Law No. 12-1988.[1]
(3)
The Planning Board shall require that more than 5%
of the subdivider's tract be offered to the town if such is required
to comply with the Master Plan or Official Map. If the amount of land
to be dedicated as Class A type usable land exceeds 5% of the tract
or as Class B type usable land exceeds 10% of the subdividers tract,
then compensation shall be paid for the excess dedication. Compensation
shall be determined by independent appraisals by the town and the
owner. If necessary a third independent appraisal shall be sought.
B.
Unique and scenic areas and those areas bordering
streams, lakes or other watercourses may be given special consideration
by the Planning Board should they be desirable for public open spaces.
A.
It shall be the responsibility of the owner to provide
waterlines, storm drains, sanitary sewers and street pavement to the
limits of the subdivision. It shall also be the responsibility of
the owner to provide appropriate streetlighting at the intersection
of a proposed street with an existing arterial street in accordance
with all Illuminating Engineering Society, NMPC and NYSEG requirements.
These facilities shall be constructed as required for inclusion in
future town systems. Each owner shall be responsible for the complete
construction even though larger than normal sizes may be required.
[Amended 4-6-1998 by L.L. No. 2-1998]
B.
If individual lot water supply and sanitary waste
disposal are proposed, it shall be the responsibility of the owner
to provide easements for waterlines and sanitary sewers to the limits
of the subdivision for the purpose of serving the subdivision when
these services become available.
C.
If it will be necessary to construct utilities within
the right-of-way of an existing town road, it will be the responsibility
of the owner to apply for a permit for construction of utilities from
the Town Highway Department. It shall be the responsibility of the
owner, following approval of the application, to comply with all conditions
and restrictions set forth in the permit.
D.
It shall be the responsibility of the owner to provide
all street signs (road name signs), stop signs and speed limit signs
required by the town prior to the dedication of any street to the
town.
E.
The owner shall grant or shall cause to be granted
to the town for the sum of $10 an exclusive option, in a writing or
writings, in a form required for a deed to be recorded, to purchase,
for the sum of $10, the waterlines, sanitary sewers and all appurtenances
thereto installed or to be installed within the limits of the subdivision
and all easement or rights-of-way incidental thereto within or without
the limits of the subdivision and all easements or rights-of-way.
F.
Subdivisions which apply for approval with a new private
sewer system shall be required to post guaranties and bonding beyond
the five-year period required by Transportation Corporation Law. The
applicant shall agree, in writing, that the system will be turned
over to Saratoga County Sewer District No. 1 or other appropriate
entity when requested for the sum of $10.
[Added 4-6-1998 by L.L. No. 2-1998[1]]
[1]
Editor's Note: This local law also provided
for the redesignation of former Subsections F and G as G and H, respectively.
G.
Each such option shall provide that it may be exercised
at any time within 50 years after the date of the grant of such purchase
option.
H.
No final subdivision approval may be granted until
and unless such purchase option(s) shall have been granted.
