Town of Hurley, NY General Requirements and Design Standards

Land to be subdivided shall be laid out and improved in reasonable conformity to 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. Wetlands shall remain undisturbed insofar as possible.

No tree, topsoil, sand, gravel or other 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 plat. Topsoil so removed shall be restored to a depth of at least six inches and properly seeded and fertilized in those disturbed areas that are not to be occupied by buildings or structures. No excess topsoil so removed shall be disposed of outside of the boundaries of the town, except upon the approval of the Town Board.

Preservation of existing features. Existing natural and cultural features which are of ecological, aesthetic, scenic or historic value to the site or the town as a whole, such as individual trees, stands of trees, wetlands, watercourses, ponds, rock formations, historic places, stone walls and similar irreplaceable assets, shall be preserved, insofar as possible, through harmonious design of the subdivision, and, where appropriate, the Planning Board may require the inclusion of such features within permanent reservations.

Specifications for required improvements. All required improvements shall be constructed or installed to conform to the town specifications, where such exist, which may be obtained from the Town Engineer, Town Superintendent of Highways or Town Planning Board, or, in the absence of town specifications, to conform to the specifications of the county, state and federal agencies with jurisdiction over such improvements or facilities.

Frontage on improved streets. Except as otherwise permitted in these regulations, the area proposed to be subdivided shall have frontage on and/or direct access to an approved street duly placed on the Official Map, and, if such street be private, it shall be improved to the satisfaction of the Town Engineer and approved by the Planning Board, or there shall be a bond held by the town to guarantee such improvement, pursuant to the provisions for bonding in Article VI of these regulations.

Open space development subdivision. Pursuant to § 278 of New York State Town Law, and the open space development provisions of Chapter 210, Zoning, the Planning Board may require, upon its own determination, the creation of lots not in accord with the specified requirements for lot size, lot width, and yards, as specified in Chapter 210, Zoning, where the creation of such lots would result in a more efficient layout of streets, lots and utilities, and also in the preservation of natural features, important views, significant open spaces or recreation opportunities. Open space development shall be approved by the Planning Board only in accordance with the procedures and standards of Chapter 210, Zoning, in addition to the applicable standards of these regulations.

Effects upon farm operations. For any proposed subdivision occurring wholly or partially within an agricultural assessment district established pursuant to Article 25-AA of New York State Agriculture and Markets Law, and which includes or is within 500 feet of an active farm operation within that agricultural district, the Planning Board, pursuant to § 283-a, Subdivision 2, of New York State Town Law, must make a determination of possible impacts, if any, arising from the proposed subdivision upon the functioning of farm operations within such agricultural district. In making its determination, the Planning Board shall utilize the agricultural data statement (ADS) that is required to be submitted under these circumstances, along with any other relevant documentation that is permitted by laws and regulations, including but not limited to this chapter, other regulations of the Town of Hurley and the SEQR regulations.

A stormwater pollution prevention plan consistent with the requirements of Article I and II of Chapter 168 and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 168. The approved Final Subdivision Plat shall be consistent with the provisions of Chapter 168

[Added 12-21-2007 by L.L. No. 6-2007]

The amount of land disturbance in acres planned for the tract.

[Added 12-21-2007 by L.L. No. 6-2007]

§ 170-20 Streets.

General. Streets shall be suitably located, of sufficient width and adequately improved to accommodate the prospective traffic, and to afford satisfactory access to police, fire-fighting, snow removal or other utility and road maintenance equipment, and shall be coordinated so as to compose a convenient system. All streets shall be properly related to the town development plan and in conformance in location and design to the Official Map if such exist.

Relation to topography. Streets shall be logically related and conform insofar as possible to the original natural topography. They shall be arranged so as to obtain as many building sites as possible at or slightly above the grade of the street. A combination of steep grades and sharp curves shall be avoided.

Temporary dead-ends and street continuations.

The arrangement of streets shall provide for their continuation 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 or is otherwise considered by the Planning Board to be in the public interest, so as to help create a convenient and safe system. Alternatively, if a street continuation is not determined to be warranted by the circumstances, including severe environmental constraints, or would result in unsafe traffic conditions or otherwise jeopardize the public safety and welfare, the Planning Board may designate such street as a "permanent dead-end" to be designed in accordance with the standards in Subsection D of this section.

Where the 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 or street parcel and all improvements be extended to the property line. A temporary circular turnaround shall be provided on all temporary dead-end streets in excess of 100 feet in length, with a notation on the plat that land outside the normal street right-of-way or street parcel shall revert to abutting property owners upon continuation of the street.

The length of temporary public dead-end streets designed to minor, collector or arterial street standards shall be limited to not more than 12 times the minimum lot width for the zoning district in which it is located.

All proposed temporary public dead-end streets designed to "rural street" specifications, and all proposed private dead-end streets not intended to be dedicated to the town, shall not exceed 1,200 feet in length. Any private temporary dead-end street or public temporary dead-end rural street, or their proposed extension, that will have a distance which exceeds 1,200 feet may be approved by the Planning Board on the condition that the subdivider improve, reconstruct and finish, to the town's design and construction standards for minor streets, all or a portion of the private temporary dead-end street or public temporary dead-end rural street, starting at the point of origin, such that the portion of the new temporary dead-end street which is not finished to the town's standards for minor public streets does not exceed 1,200 feet at the turnaround area or other terminal point of the dead-end street. The point of origin shall be construed to be access point of the dead-end street onto one of the following:

An existing state highway or county road.

A town highway in existence prior to 1969, the year when the subdivision regulations were initially adopted by the Town Board.

A town highway constructed and dedicated as part of subdivision approval by the Town Planning Board from 1974 onward.

(d)

An existing private road constructed as a part of subdivision approval by the Town Planning Board, constructed to the town's standards for minor public streets and offered for dedication to the town but not accepted as such.

(5)

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 extension and/or reconstruction of the pavement, construct continuations of any existing driveway, sidewalks and curbs 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.

Permanent dead-end streets.

Where a street does not extend to the boundary of a subdivision tract and its future continuation is determined by the Board not to be necessary, in accordance with Subsection C(1) of this section, 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 extending from the end of the road to the boundary, sufficiently wide enough to accommodate utilities, drainage facilities and/or pedestrian traffic. A circular turnaround 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, exclusive of the turnaround, to 1,200 feet.

No permanent dead-end street may be constructed that provides access to more than 20 building lots.

The Planning Board may require that a permanent dead-end street in a subdivision be designed as an internal loop system, so as to provide efficient access to all building lots and to avoid the need to create turnaround areas on the site.

Treatment of major streets.

In residential areas. Where a subdivision abuts or contains an existing or proposed major street, the Planning Board may require marginal access streets, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

In business areas. In areas zoned or designed for commercial use, or where a change of zoning is contemplated for commercial use, the Planning Board may require that the street width be increased or that a service road be constructed 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 use.

Service streets. Paved rear service streets of no less than 20 feet in width or, in lieu thereof, adequate off-street loading space, suitably surfaced, shall be provided in connection with all lots designed for commercial use.

Street names.

All streets shall be named, and such names shall be subject to the approval of the Planning Board. Prior to Planning Board approval, all proposed road names should be reviewed by the Ulster County Real Property Tax Service Agency, which shall indicate in writing its approval or disapproval of the proposed road name.

Names shall be sufficiently different in sound and spelling from other street names in the town and the local postal delivery area in which the subdivision is located, in order to avoid confusion. A street which is a continuation of an existing street shall bear the same name. As general policy, the use of personal names for new roads is discouraged. Historical names or names appropriate to the particular development or general neighborhood are preferred.

Intersections.

Design. Intersections of major streets by other streets shall be at least 800 feet apart. Cross (four-leg) street intersections shall be avoided insofar as possible, except at important traffic intersections. A distance of at least 150 feet shall be maintained between offset intersections. Within 40 feet of an intersection, streets shall be approximately at right angles, but in no case less than 60°, and grades shall be limited to 1 1/2%. All street intersection corners shall be rounded by curves of at least 25 feet in radius at the property line. When two streets intersect at an angle of less then 75°, special pavement, channelization, right-of-way and/or sight easement restrictions may be required by the Planning Board.

Corner lots.

On a corner lot, no fence, wall, hedge structure or plantings more than 2 1/2 feet in height above the adjacent street center line elevation shall be erected, placed or maintained within the triangular area formed by the intersecting pavement line, or their projection, where corners are rounded, and a straight line joining the pavement line at points 50 feet distance from their point of intersection. Land at the corners of intersecting street shall be graded so as not to exceed in elevation at any point the surface of an imaginary triangular plane established as follows: The apex shall be at a point 3 1/2 feet above the intersection of the street center line. The other two corners shall be a vertical distance of two and one-half feet above point 100 feet from the apex along the center line of the intersecting streets.

Sight easements on corner lots shall be described on the final plat as per § 170-28C(16)(b) of these regulations.

Design standards for streets. The requirements of this section will normally be considered as minimum standards. The Planning Board may, because of problems in a specific development, waive one or more of these requirements.

Minimum width of right-of-way or street parcel.

Major and collector streets: 60 feet minimum.

Minor streets: 50 feet minimum.

Rural streets and private streets: 50 feet minimum.

Minimum width of pavement.

Major and collector streets: twelve-foot lanes with five-foot shoulders for parking on each side.

Minor streets: ten-foot lanes with five-foot shoulders for parking on each side.

Rural streets and private streets: ten-foot lanes with five-foot shoulders on each side.

Minimum radius of horizontal curves.

Major streets: 400 feet.

Collector streets: 200 feet.

Minor, rural and private streets: 100 feet.

Minimum length of vertical curves shall be 300 feet on major roads, 200 feet on a collector but not less than 40 feet for each 1% algebraic difference in grade, 100 feet but not less than 20 feet for each 1% algebraic difference in a grade for a minor, rural or private streets.

(5)

Minimum length of tangents between reverse curves shall be 300 feet on a major street, 200 feet on a collector street and 100 feet on a minor, rural or private streets.

(6)

Maximum grade shall be 12% on all streets.

(7)

Minimum sight distances shall be 450 feet on major and collector streets and 350 feet on minor, rural and private streets.

(8)

Turnarounds for dead-ends. A circular turnaround with a minimum right-of-way radius of 60 feet and a pavement radius of 50 feet shall be provided at the end of permanent dead-end streets. A temporary circular turnaround with a minimum right-of-way radius of 50 feet and a pavement radius of 50 feet shall be provided at the end of temporary dead-end streets.

(9)

Minimum construction requirements for roads.

All proposed public streets must be built to the road construction standards adopted by the Town of Hurley Highway Department. The Town Engineer, Town Superintendent of Highway and/or the Planning Board will not recommend, and the Town Board will not accept or establish, any new town road which does not meet the following minimum requirements and standards. These requirements and standards must be met and paid for by the subdivider, and the town shall hold both the subdivider and/or the contractor responsible for the proper completion of said proposed town roads.

All proposed private streets must be constructed to the minimum standards necessary to permit access into the street and abutting lots by emergency vehicles, school buses and delivery vehicles. The Planning Board shall request that all proposed private streets be reviewed by local fire district officials, other emergency service providers and the Town Highway Superintendent in order to determine the type and scope of road construction necessary to provide adequate safe access on the private street.

§ 170-21 Improvements.

Street improvements. Streets shall be graded and improved with pavement, street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, sanitary sewers, storm drains, and fire hydrants, except where waivers may be requested, and the Planning Board may waive, where subject to appropriate conditions, such improvements as it considers are not requisite in the interest of the public health, safety and general welfare or may result in unnecessary hardship. Such grading and improvements shall be approved as to design and specifications by the Town Engineer, who shall require that all pertinent town standards and specifications shall be met.

Traffic control and street signs. Traffic signals, controls and street signs shall be provided by the subdivider and placed at all intersections within the street parcel or right-of-way and in other locations as required by the responsible approving authority. The type and location of all traffic control and street signs shall be approved by the Town Superintendent of Highways and/or by the appropriate state or county agency.

Streetlighting standards. When required by the Planning Board, streetlighting standards of a design and location specified by the Town Engineer or Town Superintendent of Highways shall be provided and installed by the subdivider.

Street trees. The Planning Board may require the planting of street trees. Such trees shall be of a variety indigenous to the neighborhood and shall be at least three inches caliper at a height of five feet above ground level. When required by the Planning Board, such trees shall be planted along both sides of the street, no more than five feet beyond the street parcel or right-of-way, on private property away from the sidewalk, curbing or street, and spaced approximately 40 feet on center.

School bus pickup areas. The Planning Board may require that the subdivider reserve, clear, grade, pave and otherwise improve an area on a street of such size and location as will provide a safe and suitably sheltered place for the use of children awaiting school buses.

Monuments and markers. Permanent monuments shall be placed at all block corners, angle points, points of curvature and points of tangency in streets and intermediate points as required by the Town Engineer to enable all property lines to be readily reproduced on the ground. In no case shall there be less than four permanent monuments per block. Monuments shall be set so as to prevent movement by frost upheaval and other pressures. Markers of a material size and length suitable to the Town Engineer shall be placed at all points where road lines intersect plat boundaries and at all lot corners.

Water and sewerage facilities. Facilities for water and sewerage shall be provided in each new subdivision in accordance with the requirements of the appropriate agency having jurisdiction over the planning and installation of these in the area of the subdivision; however, the following minimum requirements of the town shall be met:

Central water supply systems shall be designed with adequate pressures, mains and fire hydrants to meet Association of Fire Underwriters specifications for a Class C protected area.

All water mains shall be at least six inches in diameter.

Sanitary sewers shall not be used for stormwater drainage.

Central sewerage systems shall provide a four-inch minimum size connection to each lot.

(5)

Any subdivision contiguous to an existing water or sewer district or contiguous to or within a planned expansion of an existing water or sewer district shall make application to become a part of or to be serviced by the existing district. No subdivision shall be approved where it is intended to use individual wells and/or septic tanks where the facilities of an existing water or sewer district may be utilized.

Other utilities.

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 companies having jurisdiction. Underground utility lines shall be located outside of the paved roadway of the street, but, except in unusual circumstances, within the street right-of-way or parcel, to simplify location and repair of the lines. 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. A plan showing the "as-built" locations of all utilities shall be filed with the Planning Board and the Highway Department upon completion of all such improvements.

Overhead utilities.

The placement of overhead utilities, such as electric and telephone and other communication distribution facilities, shall be permitted only upon demonstration by the subdivider to the Planning Board that the placement of these facilities underground is economically unfeasible and would create an unnecessary hardship.

Utility poles shall be set in such a location that they will normally be in back of the curbline and between the curbline and the theoretical sidewalk line. Where overhead utility wires are to exist, trees of a type that will grow to a limited height and not interfere with the wiring shall be used.

Utility company 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 said 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 Chairperson.

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.

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.

§ 170-22 Lots.

Lots to be buildable. The lot size, width, depth, shape and arrangement shall be appropriate for the type of development and use contemplated and 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 Chapter 210, Zoning, as it may be adopted, or in providing access to buildings on such lots from an approved street. Dimension of corner lots shall be large enough to allow for erection of buildings, observing the minimum front yard setback from both streets.

Side lot lines. Side lot lines shall be at right angles to street lines unless a variation from this rule will give, in the opinion of the Planning Board, a better street or lot plan. Lot lines shall coincide with municipal boundaries rather than cross them. Where extra width has been dedicated for widening an existing street, lot lines shall begin at such extra width line.

Access from major streets. Lots shall generally not have their vehicular access from a major street. Where driveway access from a major street may be necessary for several adjoining lots, the Planning Board may require that such lots be served by a combined access drive in order to limit possible traffic hazard on such street. (See § 170-20E, Treatment of major streets.)

Driveways. Driveway locations shall be shown on the construction plans. The maximum driveway gradient to the building site shall not exceed 12%, unless waived by the Planning Board, and the intersection of driveways with the road shall be so oriented and graded that vehicles may use the driveways safely. All proposed driveway access points on existing town, county, state or New York City roads shall be reviewed and approved by the appropriate agency prior to final plat approval by the Planning Board. The Planning Board may require that the applicant submit necessary topographic and design information to demonstrate that the lot layout will allow driveways that meet these criteria and provide proper drainage. The finished surface of any driveway shall be of a dust-free material.

Lot dimensions. Except as provided elsewhere in these regulations, lot area and dimensions shall comply with at least the minimum standards of Chapter 210, Zoning, for the district in which they are located.

Where lots are more than double the minimum required area, the Planning Board may require that they be arranged so as to allow for further subdivision and the opening of future streets where necessary to serve such potential lots, all in compliance with Chapter 210, Zoning, and these regulations. Where, in the opinion of the Planning Board, lots of larger than minimum size are required for purposes of property drainage, water supply, waste disposal or the preservation of important natural features, the Board may require such oversized lots to be deed restricted as a condition of plat approval.

In the event that a sketch subdivision plat proposes the creation of one or more lots which will not comply with the minimum lot size or other bulk regulations set forth in Chapter 210, Zoning, of the Code of the Town of Hurley, the subdivider may request approval of an open space development subdivision, as set forth in § 170-19G of these regulations. Alternatively, the subdivider may apply to the Hurley Zoning Board of Appeals for an area variance, pursuant to the Chapter 210, Zoning, without the necessity of a decision or determination of the Code Enforcement Officer. In reviewing such a request, the Zoning Board of Appeals shall request from the Planning Board a written recommendation concerning the proposed variance. Any area variance so granted shall be considered by the Planning Board as the conclusion of the sketch plan review phase as set forth in Article III above.

Where a proposed subdivision includes an existing residence larger in size than can appropriately be placed on a lot of the minimum size permitted in the zoning district, the Planning Board may require that the lot be of such size and relationship to the proposed street system that the structure will be an appropriate and harmonious part of the subdivision.

Double frontage lots. Lots fronting on two streets, other than corner lots, shall be avoided except where deemed essential by the Planning Board in order to provide separation of residential development from major or collector streets, or to overcome problems of topography or orientation. The Planning Board may require or limitations and/or buffer landscaping for such double frontage lots where the Board determines that such measures would be appropriate.

Minimum frontage. All proposed lots, in addition to meeting the requirements of Chapter 210, Zoning, shall have a minimum frontage on an existing street, or proposed subdivision street, of 50 feet, as measured along the street line or right-of-way line.

§ 170-23 Drainage.

Watercourses.

Where a watercourse separates a proposed street from abutting property, provision shall be made for access to all lots by means of culverts or other structures of design approved by the Town Engineer.

Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way as required by the Town Engineer, conforming substantially with the line of such width as will be adequate to preserve natural drainage but in no case less than 20 feet in width. Such easements shall be maintained by the owners of the properties traversed by the easement.

The costs for all reviews of drainage and engineering studies by the Town Engineer shall be borne by the project applicant.

Water bodies. If a tract being subdivided contains a water body or portion thereof, lot lines shall be so drawn as to distribute the ownership of the water body among the fees of the adjacent lots. The Planning Board may approve an alternate plan whereby the ownership of and responsibility for safe maintenance of the water body is so placed that it will not become a town responsibility. No more than 25% of the minimum lot area required under zoning regulations if such exist may be satisfied by land under water.

Required state and federal permits.

Any subdivider proposing to disturb or alter any state designated protected stream, as established pursuant to Article 15 of Environmental Conservation Law, or proposing to disturb or alter any state designated wetland and buffer area, as established pursuant to Article 24 of Environmental Conservation Law, must obtain the appropriate permits from the New York State Department of Environmental Conservation, as required for such disturbance or alteration activities as specified in Part 608 and Parts 663 through 665 of the New York Code of Rules and Regulations.

Any subdivider proposing to disturb or alter any federal designated wetland over one acre in area, as established pursuant to § 404 of the United States Clean Water Act (United States Code Part 1344), must obtain the appropriate regional, conditioned national or individual permits from the New York District of the United States Army Corps of Engineers, as specified in §§ 320 through 330 of Part 33 of the Code of Federal Regulations.

Removal of spring and surface water. 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 shall be located in the street right-of-way where feasible or in perpetual unobstructed easements of appropriate width maintained by the owners of the properties traversed by the easement.

Drainage structures to accommodate potential development upstream. A culvert or other drainage facility shall be suitably sized to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The Town Engineer shall approve the design and size of this facility based on the anticipated runoff.

Responsibility from drainage downstream. The subdivider's engineer shall study the effect of the proposed plat on the existing downstream drainage facilities outside the area of the subdivision. This study shall be reviewed by the Town Engineer. Where is anticipated that the additional runoff incident to the development of the subdivision will overload and existing downstream drainage facility, the Planning Board shall notify the Town Board of such potential condition. In such case, the Planning Board shall not approve the subdivision until provisions have been made for the improvement of said condition.

Stormwater runoff. The subdivider may provide, or may be required by the Planning Board to provide, stormwater runoff control techniques and measures, such as but not limited to detention basins and ponds, and materials used to line drainage channels. Such stormwater control facilities shall be located in perpetual unobstructed easements of appropriate length and width maintained by the owners of the properties traversed by the easement.

Land subject to flooding. Land subject to flooding or land deemed by the Planning Board to be uninhabitable shall not be platted for residential occupancy, nor for such other uses 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 use as shall not be endangered by periodic or occasional inundation or improved in a manner satisfactory to the Planning Board to remedy said hazardous condition.

§ 170-24 Reservations and easements.

Parks and open space.

General. In accordance with § 277, Subdivision 4, of the Town Law, the Planning Board may require either the reservation of land for park or recreational purpose or payment of a fee to a trust fund, administered by the Town of Hurley, to be used for recreation purposes in the area of the subdivision. The Planning Board must first determine that a proper case exists for requiring the provision of parkland or of a recreation fee payment. A proper case exists when the Planning Board has made a determination, in accordance with § 277, Subdivision 4(b), of the Town Law, that due to the increase of population resulting from development and occupancy of the subdivision, the resultant demand for recreation space will not be able to be adequately served by existing town facilities.

Reservation of land. The Planning Board may require the reservation of land for a park or recreational purposes to be reserved on the plat, but in no case to be more than 10% of the gross area of the subdivision. The location of such reservation shall be in accordance with the Town Development Plan or Official Map, if such exist, or otherwise when the Planning Board shall deem such reservation to be appropriate. In general, such reservations should have an area of at least two acres and have adequate street access.

Character of recreation sites. Land reserved for recreation purposes shall be of a character and land location suitable for use as a playground, playfield or for other recreation purposes and shall be improved by the developer to the standards required by the Planning Board, which improvements shall be included in the performance bond. The Planning Board may refer any subdivision proposed to contain a dedicated park to the local government official or department in charge of parks and recreation for a recommendation. All land to be reserved for dedication to the local government for park purposes shall have prior approval of the Town Board and shall be shown marked on the plat "Reserved for Park and/or Recreation Purposes."