[Amended 4-24-2003 by L.L. No. 8-2003]
In considering applications for the subdivision or resubdivision of land, the Planning Board shall be guided by the requirements and standards set forth hereinafter, in Chapter 138, Zoning, and in any other local laws pertaining to environmental protection or development of land. The enumerated standards are to be construed as minimum standards; they may be increased in cases where the Planning Board determines that such action is necessary for the convenience, health, safety and welfare of the Town, and they shall be waived by the Board only under circumstances set forth in Article VII of this chapter. In cases where standards or provisions in this chapter or within different chapters of the Town Code conflict, the more stringent standard shall apply.
Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace. (See also § 123-36B.)
A. 
Land to be subdivided and resubdivided shall be designed in reasonable conformity with existing topography in order to minimize grading, cut and fill and to retain, insofar as possible, the natural contours, to limit stormwater runoff and to conserve the natural vegetative cover and soil. No tree, topsoil of excavated material shall be removed from its natural position except where necessary and incidental to the improvement of lots and the construction of streets and related facilities in accordance with the approved final plat. Topsoil shall be restored to a compacted depth of at least four inches and properly seeded and fertilized in those disturbed areas not occupied by buildings, structures or pavement.
B. 
Existing natural features which are of ecological, aesthetic or scenic value to residential development or to the Town as a whole, such as wetlands, watercourses, water bodies, rock formations, stands of trees, historic spots and similar irreplaceable assets, shall be preserved, insofar as possible, through harmonious design of the subdivision or resubdivision, and, where appropriate, the Planning Board may require the inclusion of such features in permanent reservations.
C. 
Calculation of the number of lots permitted within a minor subdivision or major subdivision shall be done in accordance with the provisions of § 138-21, Resource protection plan, of Chapter 138, Zoning.
[Added 4-24-2003 by L.L. No. 8-2003]
A. 
Street planning, design, and construction.
(1) 
Planning and design of proposed streets and rights-of-way shall conform to the following:
(a) 
Proposed streets and rights-of-way shall be planned in such a manner as to provide safe and convenient access to proposed lots and with due consideration for accomplishing a suitable layout and development of the land in the subdivision and in the neighborhood. Provision of one or more loop roads within a subdivision shall be required in all major subdivisions except where environmental constraints preclude a loop road and a permanent dead-end street must be used.
[Amended 4-24-2003 by L.L. No. 8-2003]
(b) 
Streets should in general follow the contour of the land and should have a location and grade that preserves desirable trees and natural features. All streets should be located 50 feet from adjoining property lines wherever possible. All driveways should be located 10 feet from adjoining property lines wherever possible.
[Amended 11-18-2004 by L.L. No. 15-2004]
(c) 
Proposed local streets shall be planned to discourage through traffic but also to provide a safe and convenient system for present and perspective traffic in the immediate area surrounding the proposed subdivision or resubdivision.
(d) 
No cut or fill slope shall extend into private property inside or outside of the proposed subdivision or resubdivision unless appropriate slope rights are obtained for the holder of fee title of the street In the absence of such slope rights, appropriate retaining walls shall be constructed to prevent encroachment upon private property.
(e) 
Streets shall be arranged so as to obtain as many as possible of the building sites at or above the grade of the street
(f) 
Steep grades and sharp curves shall be avoided.
(g) 
Wherever reasonably feasible and consistent with other appropriate design requirements, consideration shall be given to street alignments that will encourage house siting with maximum exposure of roof and walls to the sun (maximum solar access).
(2) 
All streets shall be designed and constructed in accordance with the Road and Drainage Specifications of the Town of Southeast and this chapter and in accordance with the street classification prescribed by the Planning Board. Streets shall be graded and improved with pavement, street signs, sidewalks, streetlighting, curbs, curb ramps, gutters, monuments, guideposts, guardrails, trees, utilities and storm drains, except where the Planning Board may waive, subject to appropriate conditions, such improvements as it considers are not requisite in the interest of public health, safety and general welfare.
[Amended 4-9-2020 by L.L. No. 4-2020]
B. 
Block size. Block dimensions shall be at least twice the minimum lot depth and generally not more than eight times the minimum lot width required by zoning. In long blocks, the Planning Board may require the reservation through the block of a twenty-foot-wide easement to accommodate utilities or pedestrian traffic and may further specify, at its discretion, that a four-foot concrete footwalk be included.
C. 
Continuation of streets into adjacent property.
(1) 
Streets shall be arranged to provide for continuation between adjacent properties where such continuation is necessary for convenient movement of traffic, effective fire protection, efficient provision of utilities and particularly where such continuation is in accordance with the Town's Master Plan. Alternately, if a street continuation is not determined by the Planning Board 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 or resubdivision.
(2) 
Where a continuation of a street beyond the boundaries of a subdivision or resubdivision is determined to be warranted by the Planning Board but the adjacent property is undeveloped and the street must be a dead-end street temporarily, the Planning Board may require that the right-of-way and all improvements be extended to the property line. A temporary circular turnaround with a minimum radius of 65 feet shall be provided on all temporary dead-end streets, with the notation on the final plat that land outside the street right-of-way shall revert to abutting owners when the street is continued.
(3) 
Where a turnaround exists at the end of a street within an adjoining development to which a proposed street is to connect, the subdivider may be required to remove the portions of the turnaround pavement outside the normal width of the traveled way, perform any necessary reconstruction of the pavement edge, construct continuation of any existing driveways to the new pavement edge and regrade, seed and drain the disturbed areas in such a manner as to blend them in with the surrounding landscape.
D. 
Permanent dead-end streets (culs-de-sac).
(1) 
Where a street does not extend to the boundary of the proposed subdivision or resubdivision and its continuation is not needed for access to adjoining property, it shall be separated from such boundary by a distance of not less than 100 feet. Reserve strips of land shall not be left between the end of a proposed street and an adjacent piece of property; however, the Planning Board may require the reservation of a twenty-foot-wide easement to accommodate pedestrian traffic or utilities.
(2) 
A circular turnaround with a minimum right-of-way radius of 65 feet shall be provided at the end of a permanent dead-end street. For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets shall be limited in length to a maximum of 1,000 feet along the center line from the intersection of the street center lines to the center of the circular turnaround and shall provide sole access to not more than 10 building lots. Provision of a "boulevard" configuration or travel lanes separated by a median (either landscaped or hardscaped) of any width on a permanent dead-end street shall not cause the permanent dead-end street from being considered as two separate roadways or a loop road for purposes of extending a permanent dead-end street beyond 1,000 feet.
[Amended 4-24-2003 by L.L. No. 8-2003]
E. 
Street names. All streets shall be named, and such names shall be subject to the approval of the Town Board. Names shall be sufficiently different in sound and spelling from other street names in the Town or the Village of Brewster so as not to cause confusion; and the subdivider shall contact the Town Emergency 911 Coordinator to verify that this requirement has been met. The subdivider shall also contact the Town Historian to determine if historically significant names would be appropriate.
[Amended 11-18-2004 by L.L. No. 15-2004]
F. 
Existing streets.
(1) 
Proposed subdivisions or resubdivisions abutting an existing Town street shall provide for reservation of land for widening of the right-of-way of such street to 50 feet or to a greater width, depending upon the classification given such street by the Board and any requirements of plans of the Town, county or state for realignment or widening of the street. Land so reserved shall be dedicated on the final plat for public highway purposes.
(2) 
Where a proposed subdivision or resubdivision abuts an existing Town street or where the streets of a proposed subdivision or resubdivision intersect with an existing Town street and the Planning Board has determined that said existing Town street has serious deficiencies with respect to providing for safe and convenient vehicular and pedestrian access to the proposed subdivision or resubdivision, the Planning Board may not grant approval of the proposed subdivision or resubdivision. Such deficiencies include but are not limited to the following:
(a) 
The street is not in good repair.
(b) 
The street does not have a suitable base and/or does not have an all-weather-type pavement constructed with bituminous materials.
(c) 
The street does not have adequate drainage.
(d) 
The street does not have a safe vertical or horizontal alignment.
(e) 
The street does not have an adequate width of traveled way.
G. 
Special treatment.
(1) 
Lots shall not, in general, derive access exclusively from a major or secondary thoroughfare. When a proposed subdivision or resubdivision abuts or contains an existing or proposed major or secondary thoroughfare, the Planning Board may require marginal access streets, reverse frontage with screen plantings 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.
(2) 
In front of areas zoned and designed for commercial use or where a change of zoning to a zone which permits commercial use is contemplated, the street widths shall be increased by such amount on each side as may be deemed necessary by the Planning Board to assure the free flow of through traffic without interference by parked or parking vehicles and to provide adequate and safe parking space for such commercial or business district.
(3) 
The Planning Board may require that the subdivider reserve, clear, grade, pave and other wise improve an area of such size and location as will provide a safe and suitable place for the use of children awaiting school buses. In general, the size of such area shall not be less than 100 square feet, and no dimension shall be less than eight feet. Such area shall be included within the street right-of-way and shall be maintained by the holder of fee title to the street. The layout and design shall be subject to Planning Board approval.
A. 
Lot layout.
(1) 
Building lots shall be so arranged and shall be of such shape, size, location and character that buildings can be reasonably constructed in conformity with the requirements of Chapter 138, Zoning, of the Town of Southeast and proper access can be provided to such buildings from an approved street. Side lot lines shall be at right angles to straight street lines and radial to curved street lines, unless a variance from this rule will give a better street or lot plan. Except in cases of unusual topography or property lines, through lots bounding on two generally parallel streets will not be permitted. In general, corner lots should be larger than interior lots to provide for proper building setback from each street and to provide a desirable building site.
(2) 
Where lots are more than double the minimum area required in the zoning district in which a subdivision or resubdivision is located, 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. Setback of houses shall be alternately staggered as approved by the Planning Board.
(3) 
If a subdivision contains a water body or portion thereof, lot lines shall be drawn so as to distribute the entire ownership of the water body 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 the water body is so placed that it will not become a Town responsibility.
(4) 
Where a watercourse separates the buildable area of a lot from the street by which it has access, provision shall be made for the installation of a bridge, culvert or other drainage facility, of a design approved by the Planning Board based upon recommendation of the Town Engineer, to provide satisfactory access across such watercourse for fire, police and other emergency equipment.
(5) 
In general, a lot should not be divided by a zoning district or municipal boundary. If it is, however, necessary for a zoning district boundary to cross a lot, such lot shall be designed so that it can be readily developed in accordance with the standards of the more restrictive zoning district. If it is necessary for a municipal boundary line to cross a lot, the Planning Board may require suitable legal agreements to assure that the two portions of the lot will not be separated in the future and that the portion of the lot in the adjoining municipality will not be used for any purpose that would make it nonconforming if the entire lot were located within the Town of Southeast.
B. 
Land unsuitable for building lots.
(1) 
Land subject to flooding or land deemed by the Planning Board to be uninhabitable by reason of unsuitable soil, topography, ledge rock, high water table or other conditions shall not be platted for residential occupancy nor for such other use as may increase danger to health, life or property or aggravate the flood hazard, but such land within the plat shall be set aside for such uses as shall not endanger the health and safety of the public. Where it can be demonstrated to the satisfaction of the Planning Board that such land can be improved so as to render it suitable for building lots without increasing hazards to other people or property in the area, the Board may permit such use, provided that the necessary improvements have been made to the satisfaction of the Board.
(2) 
Where it is proposed to fill and otherwise improve land at a permissible location in a floodplain, it will be the responsibility of the subdivider to demonstrate, by engineering calculations acceptable to the Planning Board, that such filling and improvements will not adversely affect other land owners in times of high- and extremely-high-frequency flows and will not conflict with the requirements and regulations of the National Flood Insurance Act and Program, Chapter 74, Flood Damage Prevention, and such Town ordinances, laws and Town Board resolutions adopted in support of said act and program.
A. 
Construction of sidewalks will be required on both sides of all new and major and secondary thoroughfares and on the sides of existing major and secondary thoroughfares where they will become an extension of existing or proposed sidewalks. The Planning Board may require sidewalks on one or both sides of local streets in the following cases:
(1) 
Where such streets give access to or lead toward a school, school site or other public or semipublic building not more than one mile distant, or
(2) 
Where residential density or expected pedestrian traffic make sidewalks necessary in the interest of public safety.
B. 
Sidewalks shall be four feet wide, constructed in conformance with the Road and Drainage Specifications of the Town of Southeast.[1]
[1]
Editor's Note: See Ch. A143, Road and Drainage Specifications.
[Amended 4-9-2020 by L.L. No. 4-2020]
Machine-extruded bituminous concrete lip curbing or cement concrete curbing shall be installed on both sides of all streets, as required by the Road and Drainage Specifications of the Town of Southeast.[1] ADA compliant curb ramps shall be provided at all intersections, crosswalks, and driveway crossings.
[1]
Editor's Note: See Ch. A143, Road and Drainage Specifications.
A. 
Existing healthy trees shall be preserved wherever feasible as required by § 123-34, and all diseased trees shall be removed and all diseased and dead limbs pruned within 150 feet of all proposed buildings. Large significant trees shall be clearly marked for preservation on the tree and forest preservation plan, construction drawings, site development plan drawings and in the field. Such trees and their root systems shall be protected in a suitable manner during construction and, if damaged, shall be repaired by an approved tree surgeon. The Planning Board may require that any tree marked for preservation and removed erroneously or damaged beyond satisfactory repair shall be replaced with the same or similar species, six inches in caliper as measured three feet above ground level. Planting of such trees shall be by a competent nurseryman.
B. 
Where no trees exist in the front yard of a lot, street trees shall be planted along the streets as required and specified in the Road and Drainage Specifications of the Town of Southeast.[1]
[1]
Editor's Note: See Ch. A143, Road and Drainage Specifications.
A. 
Driveway access, grade and construction shall conform to Chapter 64, Driveways, and the Town of Southeast, New York, Specifications Concerning Construction of Driveways Abutting Town Highways.
B. 
All proposed driveways in subdivisions or resubdivisions shall be paved from the edge of the street pavement back to the street right-of-way boundary or the high point of the driveway, whichever is the greater distance.
A. 
When required by the Planning Board, street- and area lighting facilities shall be installed on streets and in parking areas to provide at least the following levels of illumination:
Designation
Average Horizontal Footcandles
Major thoroughfare
0.9
Secondary thoroughfare
0.6
Local street
0.35
Parking areas (commercial and industrial)
2.0
B. 
Lighting standards and fixtures shall meet the approval of the New York State Electric and Gas Corporation and the Planning Board as to number, type, design, material, height and spacing.
A. 
Where, in the judgment of the Planning Board, a public water supply and/or sanitary sewer system is within reasonable distance of a proposed subdivision or resubdivision or where such systems are planned and will be capable of serving a proposed subdivision or resubdivision, then the Planning Board may require installation of a public water supply distribution system and/or a public sanitary sewer system within the subdivision or resubdivision, which systems shall be capped and available for future use. Where such facilities are required, provisions shall be made in the plumbing installation of each habitable dwelling for the convenient connection to the public water supply and sanitary sewage systems at such time as such connection is required. The design and installation of public water supply and sanitary sewerage systems and facilities shall be in accordance with the standards and requirements of the State and County Departments of Health, the State Department of Environmental Conservation and the Town of Southeast.
B. 
Where a public water supply system is to be provided, fire hydrants shall be installed in accordance with appropriate standards of the New York State Department of Health, the New York Fire Insurance Rating Organization, the Division of Firesafety of the State of New York and the Town of Southeast. Each hydrant shall be provided with a separate isolating valve.
C. 
Each dwelling unit served by a pubic water supply system shall be provided with an approved water meter having a remote outdoor mounted register.
D. 
Where public (community) water supply facilities are proposed to be provided to serve the proposed subdivision or resubdivision, the facilities shall include a master water metering facility to indicate and record the total water use in the subdivision or resubdivision. The type and size of the master meter shall be as approved by the Planning Board.
E. 
Provisions shall be made in the layout and design of public water supply systems to facilitate the future connections of such systems to an area-wide municipal water supply system and to permit rapid interconnection of adjacent or nearby public water supply systems in the event of a water supply emergency. Compliance with any or all of the requirements of this section shall in no way be deemed to constitute acceptance of a public water supply system by the Town Board of the Town of Southeast.
A. 
Electric power, telephone and cable television wires and cables shall be installed underground, except that the Planning Board may waive this requirement at the request of the subdivider in cases where the Board shall determine that the installation of underground service will result in unusual difficulty or hardship. In making such determination, the Planning Board shall take into account the following:
(1) 
The size and nature of the subdivision or resubdivision.
(2) 
Unusual topographic or other nature conditions.
(3) 
The type of service existing in the area adjacent to the subdivision or resubdivision at the time of application for waiver.
B. 
The Planning Board may grant a full or partial waiver of this requirement and, in approving such waiver, may require the installation of electric and telephone wires on poles or may require a combination of underground and overhead services.
The Planning Board shall, wherever possible, require that underground utilities be placed in the street right-of-way between the paved roadway and street line to simplify location and repair of the lines, pipes, conduits and appurtenances when they require attention. The subdivider shall install underground service connections to the property line of each lot within the subdivision or resubdivision for such required utilities before the street is paved.
Where topography or other conditions are such as to make impractical the inclusion of utilities within the street rights-of-way, perpetual unobstructed easements at least 20 feet in width shall be otherwise provided with satisfactory access to the street. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required.
Where the installation of water mains and fire hydrants is not required, the Planning Board may require the installation of dry hydrants where it is determined that such hydrants are desirable and a satisfactory source of water supply can be made available. In situations determined appropriate by the Planning Board, it may require the construction or enlargement of a pond or other water body for the purpose of providing such a water supply. Dry-hydrant hose connections shall be located at suitable points along improved streets. Such dry hydrants shall be installed and constructed in accordance with specifications approved by the Town Engineer.
Where required by the Planning Board, the subdivider 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.
A. 
General provisions.
(1) 
Surface water, groundwater and stormwater drainage facilities shall be designed and constructed in accordance with the Road and Drainage Specifications of the Town of Southeast[1] and these regulations. Drainage facilities shall be designed and installed with sufficient capacity to carry existing watercourses and to drain the proposed subdivision or resubdivision and all upgradient land when such lands are developed to their full potential under Chapter 138, Zoning, of the Town of Southeast.
[1]
Editor's Note: See Ch. A143, Road and Drainage Specifications.
(2) 
In performing the drainage studies required by the Road and Drainage Specifications of the Town of Southeast,[2] the subdivider's engineer shall include the effect of the proposed subdivision or resubdivision on existing downstream drainage facilities outside of the area of the proposed subdivision or resubdivision.
[2]
Editor's Note: See Ch. A143, Road and Drainage Specifications.
B. 
Preservation of natural drainage features. The natural drainage features of the site on which the proposed subdivision or resubdivision is to be situated shall be preserved to the maximum extent feasible, except for those alterations deemed necessary by the Town Engineer to allow for development of the site, to ensure that there will be no increase of surface water runoff onto or soil erosion or sedimentation on adjacent properties or Town streets or streets intended to be dedicated to the Town.
C. 
Provisions for concentrated streams of water.
(1) 
Individual lots and parcels in the proposed subdivision or resubdivision shall be graded to prevent concentrated streams of water from the lot or parcel from flowing across adjacent lots or parcels or causing soil erosion or sedimentation on such adjacent lots or parcels.
(2) 
Particular attention shall be given during design and construction of all proposed improvements to the satisfactory collection and conveyance of all concentrated streams of water from roof drains, area drains, yard drains, underdrains (foundation drains, basement drains and curtain drains) and driveway drains or ditches to designated points of discharge into the street storm drainage system or into existing streams having adequate capacity to accept the additional water.
(3) 
No roof drain, area drain, yard drain or any underdrain of any kind or driveway ditch or drain shall discharge upgradient of or into a Town street or a street proposed to be dedicated to the Town at a future date. Any such drains or ditches shall be connected into the storm drainage system in the street, unless otherwise permitted by the Superintendent of Highways. The location and connection of any such drain or ditch shall be approved and inspected by the Superintendent of Highways.
D. 
Mitigation of impact of increased drainage flows and velocities.
(1) 
Where the Planning Board determines that existing downstream drainage facilities and/or existing watercourses and water bodies do not have the capacity for the increased volume, flow rate or velocity of surface water, groundwater or stormwater flows that will result from development of the proposed subdivision or resubdivision, the Planning Board shall not approve the proposed subdivision or resubdivision unless and until the subdivider has proposed such mitigating measures as may be acceptable to the Board. Such mitigating measures may include but are not limited to the following:
(a) 
Measures for the retention and/or detention and controlled release of such increased volumes of waters.
(b) 
Measures for increasing the safe carrying capacity of downstream drainage facilities.
(c) 
A combination of measures in Subsection D(1)(a) and (b) above.
(2) 
Where retention/detention facilities are proposed as mitigating measures under Subsection D(1) above, the following requirements shall apply.
(a) 
The applicant shall submit a plan for ownership, construction, operation and maintenance of stormwater facilities. This plan shall provide for the inspection, operation and maintenance of each and every component of such facilities and shall specify the methods and procedures to be used to provide and ensure the funds required for such inspection, operation and maintenance and who will be responsible therefor. A four-year performance guarantee shall be provided for the entire stormwater management system by the developer to cover any modifications, corrections, or material failures. In addition, the developer shall fund or otherwise guarantee an inspection and maintenance program for a period of no less than 10 years. The Town may require the creation of a stormwater drainage special district to collect revenue and to fund inspection, operation and maintenance of such facilities under the coordination of the Town Engineer and/or Highway Superintendent.
[Amended 4-24-2003 by L.L. No. 8-2003; 12-20-2007 by L.L. No. 10-2007]
(b) 
The retention/detention facilities shall be designed in conformance with all applicable requirements of the Road and Drainage Specifications of the Town of Southeast[3] and in accordance with sound engineering principles. Final discharge points shall be as approved by the Planning Board.
[3]
Editor's Note: See Ch. A143, Road and Drainage Specifications.
(c) 
Adequate easements and rights-of-way shall be provided to permit access for inspection, operation and maintenance of such retention/detention facilities.
(d) 
All such retention/detention facilities shall be accessible at all times for Town inspection.
(e) 
Appropriate safety features and devices shall be installed to protect humans and animals from such accidents as falling or drowning.
(f) 
All such retention/detention facilities shall be laid out, designed and landscaped so as to be visually compatible with the surrounding landscape.
E. 
Drainage easements. Easements shall be provided to the holder of fee title of streets for the following drainage facilities:
(1) 
Easements, at least 30 feet in width, shall be provided for all storm drainage facilities that are not installed within the rights-of-way of existing or proposed streets.
(2) 
Easements shall be provided for the full width of the channel plus 20 feet from each top of bank for any stream or drainage ditch in the proposed subdivision or resubdivision which will carry drainage from any proposed street, existing street or streets which may be constructed in the future on the undeveloped land within the watershed.
(3) 
Easements, at least 30 feet in width, shall be provided for storm drainage facilities that may need to be installed in the future to serve undeveloped land within the watershed whose waters normally drain across the site of the proposed subdivision or resubdivision.
F. 
Rights to discharge. Rights to discharge shall be obtained by the subdivider and provided to the Town where the discharge of proposed storm drainage facilities will be onto private property adjoining the proposed subdivision or resubdivision. In situations where drainage will flow across lots or parcels in the proposed subdivision or resubdivision, the subdivider shall establish rights to discharge on those properties, and the deeds of said lots or parcels shall be so encumbered. All such rights to discharge shall include the right of the Town to enter and maintain existing or proposed drainage facilities if such facilities are proposed to be dedicated to public use.
A. 
Conformance with Town plan. Where a proposed park, playground, recreation area or open space shown on the Comprehensive Plan is located in whole or in part in a proposed subdivision or resubdivision, the Planning Board shall require that such area or areas be shown on the final plat in accordance with the requirements of Subsection B below. Such area or areas may be dedicated to the Town or county or special park district by the subdivider if the Town Board approves such dedication.
B. 
Park, playground and recreation areas not shown on Town Master Plan. The Planning Board shall require that the final subdivision plat show sites of a character, extent and location suitable for the development of a park, playground or other recreation purpose. The Board shall require not less than 1,000 square feet of park, playground or recreation area for each building lot, with a minimum reservation of one acre. However, in no case shall the required amount be more than 10% of the total area of the subdivision or resubdivision. Where a property line of a proposed subdivision or resubdivision abuts an existing park, playground or recreation area, the Board may require the new park, playground or recreation area to form a continuation of the existing areas to provide a single, large, unified area. Such parks, playgrounds or recreation areas shall abut or have direct access to a public right-of-way dedicated to public use. No privately owned reserved strips which control access to such areas will be permitted. The right-of-way shall not be included in the required area, shall be at least 20 feet wide and shall be leveled off in a manner suitable for pedestrian and vehicular traffic with a maximum grade of 12%. Such area or areas may be dedicated to the Town or county by the subdivider if the Town Board approves such dedication.
C. 
Improvements. Proposed parks, playgrounds and recreation areas shall be graded, landscaped, fenced, drained, equipped with playground and recreational facilities or otherwise improved as deemed necessary by the Board to make the facility usable for the purpose intended. Land to be used as public open space shall be left in a condition for the purpose intended. Undesirable growth and debris shall be removed from all such areas. Wooded and brook areas shall be left natural. Open spaces shall be graded to properly dispose of surface water and shall be properly seeded.
D. 
Ownership. The ownership of proposed parks, playgrounds, recreation areas and open spaces shall be clearly indicated on the final subdivision plat and established in a manner satisfactory to the Planning Board so as to assure their proper future continuation and maintenance. (See also § 123-13O.)
E. 
Waiver of plat designation of areas for parks, playgrounds and recreation areas. In cases where the Planning Board finds that, due to the size, topography or location of the proposed subdivision or resubdivision, 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 Board may waive the requirements that the final plat show land for such purposes. The Board shall then require as a condition to approval of the final plat a payment to the Town equal to the amount per subdivision lot established in the Schedule of Planning Board Fees times the total number of lots shown on the final subdivision plat, which payment shall be used by the Town for neighborhood park, playground or recreation purposes, including the acquisition of property. Such amount shall be paid at the time of final plat approval, and no final plat shall be signed by the authorized officer of the Planning Board until such payment is made.
Bridges, box culverts, retaining walls, deep manholes and other special structures shall be designed in accordance with good engineering practice and shall be subject to the approval of the Planning Board and Town Highway Superintendent.
Construction and installation of streets, drainage and other improvements required by this chapter shall not be commenced until the proposed final subdivision plat has received the final approval of the Planning Board and all of the conditions of final approval have been met with exception of the completion of improvements or posting of a security to guarantee such completion.