The Planning Board, in considering an application
for the subdivision of land, shall be guided by the following considerations
and standards. These standards shall be deemed to be the minimum requirements
for the protection of the health, safety and welfare of the Town.
A.
Character of land. Land to be subdivided shall contain
such characteristics that allow it to be accessed safely and developed
for those uses permitted in the applicable zoning district without
danger to health or peril from fire, flood or other menace nor any
significant adverse impact to the environment. Land subject to such
hazards shall not be subdivided or developed for residential purposes,
nor for any other uses that would increase the danger to the health,
life or property, aggravate a flood or other form of hazard or create
a significant adverse impact to the environment. This land may be
set aside for those permitted uses that do not involve any such danger
or impact nor produce unsatisfactory living conditions.
B.
Preservation of natural features.
(1)
The subdivision shall be designed so that the location
of roads, driveways, house sites and other areas where construction
will occur will utilize the existing topography so as to minimize
grading, to retain to the maximum extent practicable the natural contours
of the site and to conserve the natural vegetative cover and soils.
No portions of the site will be disturbed except where necessary to
the improvement of lots and the construction of roads and related
improvements in accordance with the approved plan.
(2)
Existing natural and cultural features of townwide,
County, regional, state or natural significance including but not
limited to controlled areas as defined in the Town Wetlands Protection
and Preservation Law,[1] including the minimum activity setback, wetlands designated
under the State Freshwater Wetlands Law,[2] areas of steep slopes, rock formations and outcroppings, stone walls and other cultural artifacts, unique stands of trees and other irreplaceable assets, shall be preserved to the maximum extent practicable through the design of the subdivision. Where appropriate, the Planning Board may require the protection of such features through permanent reservations, easements or covenants or by establishing supplementary setbacks to circumscribe the building area in accordance with § 113-23 of the Zoning Ordinance or § A117-19I of these regulations.
C.
Conformity with Official Map and Town Plan. Subdivisions
shall conform to the roads and parks shown on the Official Map of
the Town and shall be properly related to the Town Plan as it is developed
and adopted by the Town Planning Board.
D.
Frontage on official improved road. The area proposed
to be subdivided shall have frontage on and direct access from an
existing state, County or Town road, a road duly placed on the Official
Map or a road shown upon a plat approved by the Planning Board or
shown on a plat duly filed and recorded in the office of the County
Clerk. If the road shown on the plat to provide frontage is private,
it shall be suitably improved to the satisfaction of the Planning
Board, or there shall be a bond held by the Town covering such improvement.
Whenever access to the subdivision can be established only across
land in another municipality, the Planning Board may request assurance
from the Pound Ridge Town Attorney that the access road is legally
established and from the Pound Ridge Town Engineer that the access
road is adequately improved, or that a performance bond has been duly
executed and is sufficient in amount to assure the adequate construction
of such access road within the adjoining municipality.
A.
Location, width and improvement of roads. Roads shall
be suitably located, of sufficient width and adequately improved to
accommodate the prospective traffic and to afford satisfactory access
to police, fire-fighting, ambulance, snow removal or other road maintenance
equipment and shall be coordinated so as to compose a convenient system.
The arrangement of roads shall be such as to cause no undue hardship
to adjoining properties.
B.
Design standards for new roads.
(1)
Design standards for new roads shall be as follows:
(a)
Minimum width of right-of-way: 50 feet.
(b)
Minimum width of pavement: 20 feet.
(c)
Minimum radius of horizontal curves at center
line: 200 feet.
(e)
Minimum length of tangent between reverse curves:
100 feet.
(f)
Maximum grade: 10%, except that grades up to
12% may be permitted for straight runs of 200 feet or less.
(g)
Minimum grade: 1%.
(h)
Minimum sight distance along road: 300 feet.
(i)
Minimum sight distance at intersection: across corner, 75 feet back from corner as explained in Subsection F of this section.
(k)
Maximum length of cul-de-sac: six times the minimum lot width at the building line specified for the zoning district. (See Subsection E.)
(l)
Maximum grade of cul-de-sac: 5%.
(2)
Notes:
(a)
The Planning Board reserves the right to modify
these minimum standards to meet specific and unusual conditions. However,
the specific reasons for such modification shall be stated as part
of any resolution of approval.
(b)
Pavement width as defined above shall be measured
from face of curb to face of curb where curbs are required and from
the edge of pavement where curbs are not required.
(c)
Where required by the Planning Board, a landscaped
island shall be located in the center of permanent turnarounds. The
paved portion shall have an outside radius no less than 50 feet and
an inside radius no greater than 30 feet.
C.
Relationship to existing features.
(1)
Roads shall be logically related to the topography,
and all roads shall be arranged so as to obtain as few building sites
as necessary below the grades of the roads. Grades of roads shall
conform as closely as possible to the original topography. A combination
of steep grades and curves shall be avoided.
(2)
To the maximum extent practicable, roads shall be
located so as to avoid unique natural and cultural features, including
but not limited to unique stands of trees and other vegetation, cultural
artifacts such as stone walls, and both controlled areas and the minimum
activity setback as defined in the Town Wetlands Protection and Preservation
Law.[1]
D.
Continuation of streets into adjacent properties.
(1)
The arrangement of streets shall provide for their
construction between adjacent properties where such continuation is
determined necessary for proper traffic movement, effective fire protection,
efficient provision of utilities, snow removal and other services
and/or where such continuation is in accordance with the Town Development
Plan.
(2)
Where a continuation of a street beyond the boundaries
of a subdivision is warranted, but the adjacent property is undeveloped
and the street must dead-end temporarily, the Planning Board may require
that the right-of-way and all improvements be extended to the property
line. Alternatively, if a street continuation is not determined to
be warranted by the circumstances or would result in unsafe traffic
conditions or otherwise jeopardize the public safety and welfare,
the Planning Board may require such street to be terminated short
of the boundary lines of the subdivision.
(3)
Where the Planning Board, for reasons of traffic safety
or efficiency, adequacy of emergency access or for such other purposes
as set forth above, determines that the length of a temporary dead-end
street should be limited until such time as it can be connected through
in the future, the Planning Board shall so limit the length of such
streets to the extent determined necessary by said Board based upon
the specific circumstances of the proposed plat.
(4)
In no case shall the length of a temporary dead-end
road exceed 10 times the minimum lot width for the zoning district
in which the road is proposed.
(5)
A temporary circular turnaround shall be provided
on all temporary dead-end streets with a notation on the plat that
land outside the normal street right-of-way shall revert to abutting
property owners upon continuation of the street.
(6)
Where a turnaround exists at the end of a street within
an adjoining development to which a proposed street is to connect,
the applicant may be required to remove the portions of the turnaround
pavement outside of the normal width of the traveled way, perform
any necessary reconstruction of the pavement edge, construct continuations
of any existing driveways, sidewalks and curbs to the new pavement
edge, relocate mailboxes and entrances of driveways and regrade, seed
and drain the disturbed areas or make other improvements as required
by the Planning Board in such a manner as to blend them in with the
surrounding landscape.
E.
Permanent dead-end streets.
(1)
Where a street does not extend to the boundary of
a subdivision and its future continuation is not required by the Board,
it shall be separated from such boundary by a distance not less than
the minimum required lot depth. The Planning Board may require the
reservation of an easement to the boundary to accommodate utilities,
drainage facilities and/or pedestrian traffic. A turnaround shall
be provided at the end of a permanent dead-end street.
(2)
For greater convenience to traffic and more effective
police and fire protection, the length of any permanent dead-end streets
shall be limited to six times the minimum lot width for the zoning
district in which the street is located.
F.
Intersections.
(1)
Intersections of state or County roads by other roads
shall be at least 800 feet apart, if possible. Crossroad (four-cornered)
intersections shall be avoided insofar as possible, except at important
traffic intersections. A distance of at least 200 feet shall be maintained
between offset intersections.
(2)
Within 60 feet of an intersection, roads shall be
at approximately right angles and grades shall be limited to 1 1/2%.
All road intersection corners shall be rounded by curves at least
25 feet in radius at the property line.
(3)
Sight easements shall be provided across all corners
at intersections within the triangular area formed by the intersecting
right-of-way lines of the two roads and a straight line connecting
points along said right-of-way lines, each point 75 feet back from
the intersection of the road lines. For the purpose of traffic safety,
there shall be a clear line of sight in either direction across such
triangular area between an observer's eye 3.5 feet above the road
surface at the nearest edge of the road and an object one foot above
the nearest edge of pavement on the intersecting road. In the case
of roads which must intersect at other than right angles, the Planning
Board may require that the dimensions of the sight easement be modified
to provide adequate sight distance.
G.
Solar access considerations. To permit maximum solar
access to proposed lots and future buildings, wherever reasonably
feasible, consistent with other appropriate design considerations,
lots and new streets shall be located so as to maximize solar access.
This encourages house siting with the maximum exposure of roof and
wall area to the sun. The Board shall also consider the slope of the
property and the nature and location of existing vegetation as they
affect solar access.
H.
Road names. All roads, whether offered for dedication
or not, shall be named, and such names shall be subject to the approval
of the Planning Board. Historical names or names appropriate to the
particular development or general neighborhood are preferred. Names
shall be sufficiently different in sound and in spelling from other
road names in the Town so as not to cause confusion. A road which
is a continuation of an existing road shall bear the same name.
[Amended 5-14-1992 by L.L. No. 2-1992]
A.
Road improvements. Roads shall be graded and improved with pavement, road signs, sidewalks, road lighting standards, curbs, gutters, road trees and other landscaping, water mains, sanitary sewers, storm drains and fire hydrants, except that the Planning Board may waive, subject to appropriate conditions, those improvements that it considers are not requisite for the provision of the public health, safety and general welfare. If placed in the road right-of-way, underground utilities required by the Planning Board shall be placed between the paved roadway and road line to simplify the location and repair of the lines. Where possible, underground service connections shall be installed to the property line of each lot before the top course has been applied to the road. Such grading and improvements shall conform to Article VII of these regulations and shall be approved as to design and specifications by the Town Engineer. The developer, before the approval of the final subdivision plat, shall complete all improvements to the satisfaction of the Town Engineer or post the required performance and maintenance bonds to insure the satisfactory completion of such improvements.
B.
Drainage improvements.
(1)
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. Such
drainage facilities (located in the road right-of-way, where feasible,
or in perpetual unobstructed easements of appropriate width) shall
be constructed in accordance with the standards in this ordinance
and with appropriate erosion control measures as determined by the
Planning Board and/or the Water Control Commission where a permit
is required under the Town Wetlands Protection and Preservation Law,[1] and in accordance with the recommendations of the Town
Engineer.
(2)
Drainage facilities shall, for watersheds greater
than 50 acres in area, be large enough to accommodate potential runoff
from their entire upstream drainage area, whether inside or outside
the subdivision, based on a one-hundred-year storm and assuming conditions
of maximum potential development within the watershed as permitted
by the Zoning Ordinance.[2] For upstream watershed areas less than 50 acres in area,
drainage facilities shall be designed to accommodate potential runoff
from such upstream drainage area, whether inside or outside the subdivision,
based on a fifty-year storm and assuming conditions of maximum potential
development within the watershed as permitted by the Zoning Ordinance.
The applicant shall be responsible for submitting such computations
to the Town Engineer in sufficient detail to make possible the ready
determination of the adequacy of the proposed drainage improvements,
and the Town Engineer shall be responsible for reviewing these and
preparing recommendations for the Planning Board.
(3)
The Planning Board may also require the subdivider
to prepare a study of the effects of the subdivision on existing downstream
drainage facilities. Where such study or the Planning Board determines
that the additional runoff incident to the development of the subdivision
will overload an existing downstream drainage facility, the Planning
Board shall notify the owner of the downstream facility of the potential
condition. If the Planning Board determines that such drainage problem(s)
may be alleviated or eliminated through modification of the subdivision
design, then the Board may require the applicant to modify that design
in order to correct the potential flooding condition.
C.
Utilities.
(1)
Underground utilities. In order to assure greater safety and improved appearance, all utility lines and related equipment for providing power and communication services shall be installed underground, in the manner prescribed by the regulations of the utility company having jurisdiction. Such requirement may be waived by the Planning Board for subdivisions when undergrounding of utilities is not required by the utility company. Underground utility lines shall be located outside of the traveled way of the streets but, except in unusual circumstances, within the street right-of-way. Underground service connections shall be provided to the property line of each lot before the street is paved and may pass under the traveled way of the street. The plan for undergrounding of utilities shall be submitted to the Town Engineer for review and approval along with the construction plans as required in § A117-14A of these regulations. A Mylar showing the as-built locations of all underground utilities shall be filed with the Town Engineer upon completion of all such improvements.
(2)
Flood protection. The Planning Board shall review
subdivision proposals and other proposed new developments to assure
that all public utilities and facilities, such as sewer, gas, electrical
and water systems, are located, elevated and constructed to minimize
or eliminate flood damage and adequate drainage is provided so as
to reduce exposure to flood hazards. The Planning Board shall require
new or replacement water supply systems and/or sanitary sewerage systems
to be designed to minimize or eliminate infiltration of floodwaters
into the systems and discharge from the systems into floodwaters,
and require on-site waste disposal systems to be located so as to
avoid impairment of them or contamination from them during flooding.
(3)
Utility service. The Planning Board shall require
as a condition of subdivision approval that the applicant present
evidence satisfactory to the Town Attorney and the Town Engineer that
the appropriate utility company will provide services at the time
of issuance of the first building permit for construction in the subdivision.
Any security required by such utility for providing such service to
the properties in the subdivision shall be posted by the applicant
prior to the signing of the final plat by the Planning Board Chairman.
D.
Monuments.
(1)
Monuments shall be required wherever deemed necessary
by the Planning Board and/or the Town Engineer to enable all lot corners
and property lines to be readily reproduced on the ground. In general,
monuments shall be located no more than 500 feet apart on street lines,
preferably at street, lot or easement corners or at points of tangency
on curved streets, and spaced to be within sight of one another along
lines entirely within the street right-of-way. Where possible, monuments
should be set at lot boundaries.
(2)
Monuments shall be set vertically in solid ground
three inches above the ground surface with accurate reference to a
permanently identifiable fixed point and shall meet or exceed the
construction requirements specified in these regulations. Installation
of monuments shall be completed prior to the acceptance by the Town
of any dedicated road or other improvements. As-built drawings locating
the monuments shall be submitted to the Town Engineer.
E.
Other improvements.
(1)
Road signs. Whether a road is to be offered for dedication or not, standard Town road signs made to the specifications of or constructed by the Town Highway Department shall be provided by the developer and shall be placed in accordance with the requirements of Article VII.
[Amended 5-14-1992 by L.L. No. 2-1992]
(2)
Road lighting standards. Where required by the Planning
Board, road lighting standards, of a design approved by the appropriate
lighting district or other municipal agency having jurisdiction, shall
be placed in a manner and location approved by New York State Electric
and Gas.
(3)
Landscaping. The Planning Board may require the planting
of new trees and other plantings within the right-of-way limits in
subdivisions which are lacking in trees, in areas where substantial
loss of trees has or will occur in the process of road construction
and in areas where screening is necessary to prevent glare, noise
or other nuisance from affecting neighboring properties. The Board
may also require landscaping in order to stabilize slopes, provide
wildlife habitat and for other purposes. Such trees shall be preferably
of hardwood variety and of a type indigenous to the neighborhood.
Such trees shall be planted in fertile or fertilized ground and shall
be watered and nurtured after planting until growth is assured. The
trees shall have a minimum diameter of trunk at a point six feet above
ground level of at least 2 1/2 inches and shall be planted close
to the property line and at locations to be determined in accordance
with a planting plan to be approved by the Planning Board. However,
shrubs and other varieties of plant material may be used where approved
by the Board for screening, slope stabilization and other purposes.
(4)
Stone walls. The Planning Board may require the applicant
to relocate and/or rebuild stone walls where such is necessary to
permit construction. Stone walls shall be relocated so as to provide
for adequate sight distance or to provide screening from other properties.
In order to maintain the visual characteristics of a neighborhood,
the Board may require the applicant to build new stone walls, constructed
to specifications approved by the Board along the new road constructed
to serve the subdivision for a length not to exceed 250 feet from
the intersection of the new road with any existing road(s).
(5)
School bus pickup areas. The Planning Board may require
that the subdivider reserve, clear, grade, pave and otherwise improve
an area of such size and location as will provide a safe and suitable
place for the use of children awaiting school buses. The layout and
design of such areas shall be subject to Planning Board approval.
Such areas shall be included within the road right-of-way and shall
be maintained by the holder of fee title to such road.
(6)
Sanitary sewers, water mains and fire hydrants. Where
required by the Planning Board, the subdivider shall install sanitary
sewers and/or water mains and fire hydrants of a type and in a manner
prescribed by the regulations of the appropriate sewer, water or fire
district or other municipal agency having jurisdiction.
(7)
Fire alarm signal devices. Where required by the Planning
Board, the developer shall install fire alarm signal devices, including
necessary ducts, cables and other connecting facilities, of a type
and in a manner and location prescribed by the appropriate fire district
or other municipal agency having jurisdiction.
(8)
Dry hydrants. When the installation of water mains and fire hydrants is not required, the Planning Board may require the installation of dry hydrants where it determines that such hydrants are needed and a suitable source of water supply is or can be made available. When practicable, dry hydrant hose connections shall be located alongside an improved street or other all-weather traveled way capable of accommodating fire equipment and shall be spaced approximately 500 feet apart, as measured along such street or traveled way. In the alternative, dry hydrants will be located so as to be easily accessible. The Board may also require the provision of access by fire vehicles to water bodies on the site. The materials and method of installation of such hydrants shall be in accordance with the Town's road specifications (Article VII).
A.
Lot arrangement. 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 Ordinance,[1] County Health Department regulations, the Town Wetlands
Protection and Preservation Law[2] or other applicable requirements or in providing safe
and adequate driveway access to buildings on the lots from an approved
road. The Planning Board shall review the arrangement of the lots
to assure that they can be developed without unnecessary disturbance
to unique natural, historical and archeological features of the site.
The Planning Board shall also consider the arrangement of lots with
respect to the promotion of energy conservation and the maximizing
of solar access.
B.
Driveways.
(1)
General requirements.
(a)
The Planning Board may require the developer to furnish necessary topographic and design information to demonstrate to the satisfaction of the Planning Board that driveways from the approved road to the building site can be constructed using the standards described below in Subsection B(2) and that such driveways are designed and arranged to eliminate the necessity of vehicles backing onto the road when leaving the parcel. The curb-cut location, length, width, grade, configuration and associated drainage channeling as it affects Town roads and neighboring properties of all driveways in new subdivisions shall be subject to the review and approval of the Town Engineer prior to any approval of a curb-cut permit.
(b)
Where the Planning Board determines that it
would be appropriate for traffic safety, environmental conservation,
energy-related or other similar public purposes for lots to be served
by a single common access driveway, the Planning Board shall require
that access to such lots be by means of a single common access driveway
and shall be responsible for approving its location. However, except
in unusual circumstances, no more than three lots may be served by
such a single common access driveway. The design and construction
of common driveways, including paving, drainage and other associated
improvements, shall be subject to the review and approval of the Town
Engineer.
(2)
Design standards for driveways.
(a)
Design standards for driveways shall be as follows:
|
Standard
|
Single Driveway
|
Common Driveway
(Serving 2 Houses)
|
Common Driveway
(Serving 3 Houses)
|
|---|---|---|---|
|
Minimum width (feet)
|
12
|
14
|
15
|
|
Maximum grade (percent)
|
14
|
12
|
10
|
|
Maximum length (feet)
|
1,000*
|
500
|
500
|
|
Maximum radius of horizon- tal curve (feet)
|
50
|
60
|
60
|
|
NOTES:
* The length of single driveways that branch
off from common driveways shall not exceed 1,000 feet, including the
length of the common driveway to the point that the single driveway
begins.
|
(b)
Notes:
[1]
Standards specified for common driveways are
applicable to the common portion of such driveways.
[2]
All driveways are to be constructed to standards
as required by the Town Engineer and, where applicable, the Water
Control Commission.
[3]
As a condition of plat approval, the Planning
Board shall require the filing of maintenance agreements, including
maintenance of the required 911 common driveway identification sign,
and easements for common driveways in a form suitable to the Town
Attorney.
[Amended 5-14-1992 by L.L. No. 2-1992]
[4]
Paved turnoffs wide enough to provide 18 feet
of total width and 30 feet long shall be located at appropriate intervals
to be determined by the Planning Board and/or the Town Engineer.
[5]
Driveway widths may be increased on curves as
required by the Town Engineer.
[6]
The Planning Board may vary the standards specified
above only where it shall find that either specific characteristics
of the site or the proper provision of site access to the lots make
strict compliance with said standards impractical.
[7]
There shall be no more than one curb cut for
each driveway from the road from which the lot receives access.
[8]
A turnaround meeting the above requirements
for turning radii, width and grade as well as other criteria established
by the Planning Board may be required by that Board at the terminus
of the common portion of the common driveway.
[9]
Landscaping and/or other forms of screening
may be required by the Planning Board along driveways in order to
limit the effects of headlights, noise, dust or other nuisances from
the driveway on adjacent or neighboring properties.
[10]
911 common driveway identification
signs are required to be installed by the developer according to the
common driveway requirements outlined in the 911 Identification Law.
[Added 5-14-1992 by L.L. No. 2-1992]
C.
Wetlands and water bodies.
(1)
Access. Wherever possible, the arrangement of lots
and the location of driveways shall be such that access across a wetland,
water body or other controlled areas as defined in the Town Wetlands
Protection and Preservation Law[3] is avoided. Where the buildable area of the lot is separated
from the street by which it has access, provision shall be made for
the installation of a structure to cross the wetland or water body
of a design approved by the Water Control Commission. This structure
shall be adequate to provide safe and adequate access for emergency
and other vehicles.
(2)
Ownership. If a subdivision contains wetlands, water
bodies or other controlled areas, lot lines shall be drawn so as to
distribute the entire ownership of such areas among the fees of the
adjacent lots, unless the Planning Board approves an alternate plan
whereby the ownership of and responsibility for the safety of said
areas is so placed that it will not become a Town responsibility.
D.
Lot dimensions. Lot dimensions shall comply with the
minimum standards of the Zoning Ordinance.[4] Where lots are more than double the minimum area required
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 roads where they would be necessary to serve such potential
lots, all in compliance with the Zoning Ordinance and these regulations.
Each lot shall have at least 25 feet of frontage on either an improved
road shown on the Official Map or on a proposed road shown on the
plat of the subdivision under consideration.
(1)
Plats affecting land in more than one zoning district.
If a plat affects land in two or more zoning districts, the location
of the zoning boundaries shall be shown on the plat, with a notation
as to the effective date of such zoning; e.g., "Existing zoning boundaries
as of ______ ." The location of the boundaries shall be accurately
determined from the Town's Zoning Map.
(2)
Lots divided by a zoning boundary. Wherever possible,
a lot shall not be divided by a zoning boundary. If such a division
is necessary in the interest of the overall layout, the boundaries
of that lot shall be so laid out that it may be developed in accordance
with the standards of the zoning district in which the building site
lies. The lot shall also be laid out in such manner that any applicable
standards of the Zoning Ordinance regarding such cases can be met.
(3)
Lots divided by a municipal boundary. In general,
lot lines shall be laid out so as not to cross Town boundary lines.
In any event, to be considered a building lot in the Town of Pound
Ridge, the lot area requirement for the particular zoning district
must be satisfied by land wholly within the Town. Where the building
area will lie in an adjacent community with its principal access in
Pound Ridge, the Planning Board shall determine whether the lot meets,
or appears to meet, the zoning requirements for the particular zoning
district in the adjoining Town. Approval by the Pound Ridge Planning
Board will be necessary only for that portion lying within the Town
of Pound Ridge. Approval of that portion of the subdivision lying
in the adjacent community should be sought from the Planning Board
having jurisdiction.
E.
Side lot lines. Side lot lines shall be at right angles
to street lines, unless a variation from this rule will give a better
street or lot plan.
F.
Access from state or County roads. Except in unusual
cases, lots shall not derive access from a state or County road, as
classified on the Town Development Plan or as determined by the Planning
Board, but shall front on a local road.
G.
Corner lots. Dimensions of corner lots shall be large
enough to allow for erection of buildings observing the minimum front
yard setback from both roads.
H.
Lots for existing large residences. Where a proposed
subdivision is to include an existing residence larger in size than
can appropriately be placed on a lot of the size permitted in the
zoning district, the Planning Board may require that the lot created
for such existing residence be of such size and so related to the
proposed street system that the existing residence will be an appropriate
part of the subdivision.
I.
Supplementary setbacks.
(1)
In order to assure that all new development is appropriately
located on the individual lots, the Planning Board is empowered to
establish supplementary setbacks for all structures to be located
on the lots. These supplementary setback requirements may be established
where the Planning Board has determined that the minimum setback requirements
established for the particular residence district in which a lot is
located would alone be inadequate to ensure the appropriate relationship
of buildings to sites, other buildings, adjacent properties or roads.
The supplementary setback requirements shall in no case be less than
the existing setback requirements for the specified district in which
the lot is located. In determining whether setback requirements should
be required, the Planning Board shall utilize the following criteria:
(a)
The presence on the site of unique natural resources,
including but not limited to controlled areas as defined in the Town's
Wetlands Protection and Preservation Law,[5] steep slopes and rock formations, unique vegetation and
areas of wildlife habitat.
(b)
The presence on the site of unique cultural
resources, including but not limited to buildings, structures, stone
walls or artifacts of architectural, historical or archaeological
value.
(c)
The presence on the site of unique aesthetic
features, including but not limited to views and vistas.
(d)
The relationship of the property to adjoining
and nearby property, buildings and structures.
(2)
Application for modification of supplementary setback
requirements shall be made to the Planning Board and shall include
such information as would normally be required for building permits
with additional information as may be required by the Planning Board.
The Planning Board shall render its decision at a regularly scheduled
meeting of the Board in a timely fashion and the results of that decision
shall be kept on file with the Building Inspector and the Planning
Board Secretary. If the proposed activity is regulated under the Pound
Ridge Wetlands Protection and Preservation Law,[6] then approval by the Water Control Commission shall also be obtained. Relief from the minimum setback requirements or other requirements listed in § 113-23A, B and C of the Pound Ridge Zoning Ordinance shall require action by the Zoning Board of Appeals.
A.
All reservations and easements shall be clearly identified
on the final subdivision plat along with appropriate notations indicating
the rights which exist with respect to each such reservation and/or
easement
B.
Park reservations.
(1)
General standards. In accordance with § 277 of the Town Law, in proper cases and when required by the Planning Board, park areas of suitable location, size and character for use as playground or recreational purposes shall be reserved and shown on the subdivision plat. Such locations shall be as designated on the Town Plan or Official Map or otherwise where the Board deems that such reservations would be appropriate. Each reservation shall be of suitable size, dimensions, 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 plan as "Reserved for Recreation Purposes." Where a developer elects to offer land reserved for recreation purposes for dedication to the public, such offer shall be made in accordance with Subsection C of this section of these regulations.
(2)
Minimum size. The Planning Board may require the reservation
of up to 10% of the area of the subdivision for recreation purposes.
In general, it is desirable that recreation areas should have an area
of at least three acres. If the application of the above standard
would create an area of less than three acres, the Board may require
that the 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. Except in unusual cases, no area
of less than two acres should be reserved for recreation purposes
if it will be impossible or impractical to secure additional lands
in order to increase its area. Land reserved for recreation purposes
shall be of a character, configuration and location suitable for the
particular use intended. A site to be used for active recreation purposes,
such as a playground, playfield, etc., should have a total frontage
on one or more streets of at least 200 feet, and no major dimension
of the site should be less than 200 feet. Sites selected primarily
for scenic or passive recreation purposes shall have such road frontage
as the Board may deem necessary for access purposes, but in no case
less than 50 feet The configuration of such sites shall be as deemed
adequate by the Board to encompass the scenic attributes to be preserved,
together with sufficient areas for trails, lookouts, etc., where necessary
and appropriate.
(3)
None of the subsections above shall be construed as
prohibiting a developer from reserving other land for recreation purposes
in addition to the requirements of this subsection.
(4)
Where the Planning Board deems that such a reservation
of land within a subdivision would be inappropriate because of the
character, location or size of the land which could be reserved, the
Planning Board may waive such a requirement subject to appropriate
conditions. Such appropriate conditions may include the requirement
that the applicant deposit an amount of money with the Planning Board
Secretary, which moneys shall be deposited in a special trust fund
to be used for the purchase and proposed development of permanent
sites for recreation available, but not limited to residents of the
subdivision concerned.
(5)
Cash payment in lieu of reservation. In those cases
where the deposition of such funds is required, the amount to be deposited
shall be in the amount specified in Appendix A for each new building
lot created by the subdivision.[1] No credit shall be given for the original lot in computing
this payment, unless there is an existing residence on the property
that will occupy one of the newly created lots.
[1]
Editor's Note: Appendix A is included at the
end of these regulations.
(6)
If a subdivision includes parcels which are capable
of being divided further under existing zoning, the required payment
shall be based solely on the number of lots shown on the present plat.
An additional payment would be required at such time as the oversize
lots are resubdivided.
C.
Reservation area dedication procedure. At the time
that a developer offers to the Town the land within a recreation area
or a widening or realignment reservation (as, for example, where necessary
to reserve access from the subdivision to an official road), the Planning
Board may request the assistance of the Town Attorney to assure that
such conveyance will be acceptable in form and procedure to the Town.
In general, such conveyances should satisfy the following requirements:
(1)
The deed should be in the form of a bargain sale deed
with covenant against the grantor's acts.
(2)
In the case of road widening or realignment reservations,
the conveyance shall be in fee simple and unrestricted; i.e., the
grant should not be conditioned upon the property's being used for
road widening or any other limited purpose.
(3)
The description in the deed should correspond to the
description set forth in the subdivision survey.
(4)
The deed should be accompanied by a copy of the grantor's
title report showing the status of the title to his or her property.
D.
Conservation restrictive covenants. Where the Planning
Board determines that unique features on the site such as wetlands
and other controlled areas as defined in the Town Wetlands Protection
and Preservation Law,[2] steep slopes, unique stands of trees or other vegetation
or cultural artifacts, wildlife habitat or passage that are to be
included as part of a lot or lots and require protection, the Board
may require that such areas be placed under a conservation easement.
Such an easement shall be noted on the plat and documented in recordable
form and shall specify that such areas are to be left undisturbed
and/or left in their natural state. However, the Board may permit
activities intended to maintain and enhance the resource or resources
protected by the easement.
E.
Widening or realignment of existing roads. Where the
subdivision borders an existing road and the Official Map or Master
Plan indicates plans for realignment or widening of the road that
would require reservation of some land of the subdivision, or elsewhere
where the Planning Board determines that such a realignment or widening
would be in the public interest, the Planning Board may require that
such areas be shown and marked on the plat as "Reserved for Road Realignment
(or Widening) Purposes." A deed or deeds to such realignment area(s)
shall be submitted to the Town Engineer and the Town Attorney prior
to the signing of the linen by the Planning Board Chairman.
F.
Utility and drainage easements. 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 20 feet in width for such utilities
shall be provided across property outside the road lines and with
satisfactory access to the road. Easements shall be indicated on the
plat and documented in recordable form. When a proposed drainage system
will carry water onto or across private land outside the subdivision,
appropriate drainage rights must be secured and also indicated on
the plat and documented in recordable form.
G.
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. Easements shall be indicated
on the plat and documented in recordable form.
H.
Responsibility for ownership of reservations. Ownership
shall be clearly indicated on all reservations for park and playground
purposes.
I.
Slope easements.
(1)
In certain cases, the necessary embankment or cut
slopes for a proposed road or for an existing road or for the future
widening or realignment of an existing or proposed road may extend
beyond the normal right-of-way of such road. Where possible, the normal
right-of-way should be widened to accommodate the full extent of the
slope. Where this is not possible, the Planning Board may require
the developer to obtain or provide slope easements for such embankments.
The slope easements shall be indicated on the subdivision plat and
documented in recordable form. A notation shall be added to the plat,
as follows:
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"The slope easement shown hereon convey to the
(insert here 'Town of Pound Ridge,' or `holder of fee title of the
highway' or other phrase as directed by the Planning Board) the right
to enter said premises for the purpose of cutting and maintaining
a stable earth slope."
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(2)
Where such easements are on land not under the subdivider's
control, the subdivider shall attempt to obtain the rights from the
owner of record of such land in a form satisfactory to the Town Attorney
and suitable for recording in the office of the County Clerk. The
Planning Board may also require that the grantor of such rights indicate
his approval by a suitable notation and dated signature on the plat.
