The owner shall observe the following general
requirements and principles of land subdivision.
A. Streets.
(1) 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.
(2) The arrangement of streets in a subdivision shall
either:
(a)
Provide for the continuation or appropriate
projection of existing and/or proposed collector or arterial streets
to surrounding areas; or
(b)
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)
Conform to the guidelines established by the
APA.
(3) Local streets should be so laid out that their use
by through traffic may be discouraged.
(4) Where a subdivision abuts or contains an arterial
street, the Planning Board may require marginal access streets, double
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 adjacent properties, afford separation
of through and local traffic and to minimize direct access points
onto arterial streets.
(5) Where a subdivision abuts or contains a railroad right-of-way
or controlled access highway right-of-way, the Planning Board may
require a street approximately parallel to and on each side of such
right-of-way at a distance suitable for the appropriate use of the
intervening land, such as for park purposes in residential districts
or for commercial or industrial purposes in appropriate districts.
Such distances shall also be determined with due regard for the requirements
of approach grades and future grade separations.
(6) The Board may require that street names be approved
by the Town Highway Superintendent or officials designated by the
Town Board to avoid duplications or use of similarly sounding or spelled
names.
(7) Public access shall be provided to streets, water
plants, sewage treatment plants or to other land dedicated or to be
dedicated to public use.
(8) Where a subdivision is traversed by a watercourse,
there shall be a stormwater easement not less than 25 feet in width
conforming substantially with 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 to ensure that the road right-of-way abuts the drainage
easement.
(9) No subdivision shall be built with a single access
road exceeding 800 feet in length or serving 19 or more residential
units. When a street is extended a distance greater than 800 feet
beyond an intersection or will service 19 or more residential units,
a second means of access must be provided to the end of the street.
Generally, an intersection with a cross section which connects to
another street within the subdivision is sufficient. In addition,
a second means of access shall be provided for nonresidential development
as deemed necessary by the Board.
(10)
Any damage to an existing street occurring during
the course of development of lands adjacent to the street shall be
the responsibility of the owner of the subdivision that was the cause
of such damage and shall be repaired to the satisfaction of the Town
prior to the issuance of a certificate for use of utilities or a certificate
of occupancy. If such damage occurs during the winter months, the
owner shall post a cash escrow to cover the cost of said repairs.
Said escrow agreement shall specify a date by when such repairs shall
have been completed. If the repairs are not completed by the date
specified, the town shall have the authority to use the escrow moneys
to complete the repairs.
B. Blocks and lots.
(1) The lengths, widths and shapes of blocks and lots
shall be determined with due regard to:
(a)
Provision of adequate building sites suitable
to the special needs of the type of use contemplated;
(b)
Applicable town law, if any.
[Amended 12-5-1996 by L.L. No. 2-1996]
(c)
Needs for convenient access, circulation, control
and safety of street traffic;
(d)
Limitations and opportunities of topography;
(e)
Block length generally shall not exceed 2,000
feet, nor be less than 600 feet;
(f)
Intersections with arterial streets generally
should be held to a minimum and preferably spaced at least 500 feet
apart;
(g)
Need for pedestrian access, not less than 10
feet in width, property line to property line, which shall be required
where deemed essential to provide circulation or access to schools,
playgrounds, shopping centers, transportation and other community
facilities; and
(h)
Applicable regulations established by the APA.
(2) No residence shall be constructed in an area of a
lot subject to flooding nor may it be constructed so as to increase
the danger to life or property or aggravate the flood hazard.
(3) Whenever a flag lot is proposed, such lot shall have
a driveway access strip with a minimum width of 20 feet fronting on
a public road, which will provide access to the buildable portion
of the lot in accordance with local rules. The flag lot shall be large
enough to contain the minimum lot area required by applicable town
law, if any, without including the area within the driveway access
strip. Building setbacks shall be measured from the lot lines of the
buildable portion of the lot. Buildings must comply with the zoning
requirements for the particular zone.
[Amended 12-5-1996 by L.L. No. 2-1996; 4-8-2004 by L.L. No. 4-2004]
(4) Double frontage lots should be avoided, except where
essential to provide separation of development from arterial streets
or other disadvantageous uses or to overcome specific disadvantages
of topography and orientation.
(5) Side lot lines shall be substantially at right angles
or radial to street right-of-way lines.
(6) 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.
C. Park land and open space.
(1) The owner shall offer to the town usable land equal
in size to 5% of the owner's subdivided tract for major subdivisions
only. This land shall be used by the town for parks, playgrounds or
for other specific public recreational uses (to be defined as "park
land") or may be left as passive open space (to be defined as "open
space"), as deemed desirable by the town. The Board shall refer such
offers to the Town Board for review and recommendations.
(2) If the Planning Board determines that the 5% area
offered by the owner is not desirable, would not be useful for a public
purpose 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 recreation fee per dwelling unit 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. This fee shall be as set forth in the fee
schedule in Appendix 1. If the Board determines that only a portion of the 5%
area offered by the owner is acceptable for public use, then the owner
shall dedicate the acceptable land and pay a fee equal to the difference
in the percentage of land offered with any improvements constructed
by the developer at the Board's direction and at the Board's approval
and the 5% required. Any funds required under this section shall be
transferred to the town general fund and shall be administered pursuant
to the above section.
[Amended 12-5-1996 by L.L. No. 2-1996]
(3) The Planning Board may require that more than 5% of
the subdivider's tract be offered to the town.
(4) In lieu of the above, the town may require that park
land and/or open space be dedicated and maintained by the designated
homeowners' association for the development.
D. Unique and scenic areas. 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. Where such sites and open spaces are deemed essential by the Planning Board, upon consideration of the particular type of development proposed in the subdivision, and especially in large scale neighborhood unit developments, the Planning Board may recommend that the Town Board require the offering of reservation of areas in excess of the requirements set forth in Subsection
C(1) and
(2) of parkland and open space above. Under such conditions, a money payment at a fair market value determined at the time the application for approval of the final subdivision plat is made to the Planning Board shall be made to the owner to compensate his loss in excess of the 5% contribution. "Fair market value," for purpose of this subsection, shall mean the percent created by determining the amount of acreage taken as a percent of the total acreage proposed by the owner for subdivision. That percent so determined shall be applied against the total assessed value to determine the fair market value of the land taken (i.e., one acre of a ten-acre parcel equals 10% by $100,000 total assessed value equals $10,000 fair market value for a one acre parcel taken).
E. Utilities.
(1) It shall be the responsibility of the owner to provide
waterlines, storm drains, sanitary sewers, bridges and street pavement
to the limits of the subdivision. It shall also be the responsibility
of the owner, at the direction of the Board, to provide appropriate
streetlighting at the intersection of proposed streets with an existing
arterial street. 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.
(2) If individual lot water supply and sanitary waste
disposal are proposed, the Board may require the owner to provide
dry waterlines and sanitary sewers to the limits of the subdivision
or the establishment of an escrow account for the purpose of serving
the subdivision when these services become available. The facilities
shall be constructed as required for inclusion in future town systems.
(3) If it will be necessary to construct utilities or
do any improvements within the right-of-way of an existing town road,
it will be the responsibility of the owner to apply for permission
or 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.
(4) 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.
(5) Option to purchase.
(a)
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 easements or rights-of-way incidental thereto within or without
the limits of the subdivision.
(b)
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.
(c)
No final subdivision approval may be granted
until and unless such purchase option(s) shall have been granted.