The purpose of the following sections is to insure that the highest standards of site, building, and landscape design are conscientiously met through the use of qualified technical and aesthetic judgment, compatible with the Community Master Plan of the municipality. In acting upon plats, the Planning Board shall require among other conditions, in the public interest, that the tract shall be adequately drained, and the streets shall be of sufficient width and suitable grade and suitably located to accommodate the prospective traffic and to provide access for fire-fighting equipment to buildings. The Planning Board shall further require that all lots shown on the plats shall be adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace. Required improvements shall be designed and constructed to conform to the specifications as established by the municipality. In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. The standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article VI herein.
A.
Character of land. 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.
B.
Conformity to Official Map and Master Plan. Subdivisions
shall conform to the Official Map and the Zoning Ordinance of the
Municipality and shall be in harmony with the Master Plan, if such
exists.
C.
Specifications for required improvements. All required
improvements shall be constructed or installed to conform to the municipal
specifications, which may be obtained from the Town Clerk's office.
A.
Width, location and construction. Streets shall be
of sufficient width, suitably located, and adequately constructed
to conform with the Master Plan, if such exists, and to accommodate
the prospective traffic and afford access for fire-fighting, snow
removal and other road maintenance equipment. The arrangement of streets
shall be such as to cause no undue hardship to adjoining properties
and shall be coordinated so as to compose a convenient system.
B.
Arrangement. The arrangement of streets in the subdivision
shall provide for the continuation of principal streets of adjoining
subdivisions, and for proper projection of principal streets into
adjoining properties which are not yet subdivided, by use of stub
streets, in order to make possible necessary fire protection, movement
of traffic and the construction or extension, presently or when later
required, of needed utilities and public services such as sewers,
water and drainage facilities. Where, in the opinion of the Planning
Board, topographic or other conditions make such continuance undesirable
or impracticable, the above conditions may be modified. The subdivision
street traffic network shall provide an orderly local access progression
from marginal streets to collector streets to main highway and shall
include a continuous network of public pedestrian walks, either independent
or incorporated within vehicular rights-of-way, to connect all properties
and public areas.
C.
Minor streets. Minor streets shall be so laid out
that their use by through traffic will be discouraged.
D.
Special treatment along major arterial streets. When
a subdivision abuts or contains an existing or proposed major arterial
street, the Planning Board may require marginal access streets, reverse
frontage with screen planting contained in a nonaccess reservation
along the rear property line, deep lots with rear service alleys,
or such other treatment as may be necessary for adequate protection
of residential properties and to afford separation of through and
local traffic.
E.
Provision for future resubdivision. Where a tract
is subdivided into lots substantially larger than the minimum size
required in the zoning district in which a subdivision is located,
such parcels shall be arranged so as to allow the opening of future
streets and logical further resubdivision in accordance with the requirements
contained in these regulations.
F.
Dead-end streets. The creation of dead-end or loop
residential streets will be encouraged wherever the Planning Board
finds that such type of development will not interfere with normal
traffic circulation in the area. In the case of dead-end streets,
where needed or desirable, the Board may provide for continuation
of pedestrian traffic and utilities to the next street.
G.
Block size.
(1)
The length, width, and shape of blocks or acreage
within bounding roads shall be determined with due regard to:
(2)
Blocks generally shall not be less than 400 feet nor
exceed 12 times the required minimum lot widths. In general, no interior
block width shall be less than twice the normal lot depth. In blocks
exceeding 800 feet in length, the Planning Board may require the reservation
of a twenty-foot-wide easement through the block to provide for the
crossing of underground utilities and pedestrian traffic where needed
or desirable and may further specify, at its discretion, that a four-foot-wide
paved foot path be included. Each normal block shall be planned to
provide two rows of lots, but irregular shaped blocks, oversize blocks
or "superblocks" indented by culs-de-sac, parking courts, or loop
streets and containing interior block parks or playgrounds will be
acceptable when properly designed, as determined by the Planning Board.
Such blocks shall include adequate off-street parking, facilities
for pedestrian access from streets to all lots, proper easements for
utility lines, and satisfactory provision for maintenance of park
and open space, where included.
H.
Intersections with collector or major arterial roads.
Intersections of minor streets with arterial or collector streets
shall be held to a minimum to avoid hazard and delay. Such intersections
shall be at least 800 feet apart, if possible. A distance of at least
150 feet shall be maintained between center lines of offset intersecting
streets. Grades shall be limited to no more than 2% within 50 feet
of an intersection.
I.
Street jogs. The center line of a street shall cross
an intersecting street as a straight line. Street jogs with center-line
offsets of less than 125 feet shall be avoided.
J.
Angle of intersection. In general, all streets shall
join each other so that for a distance of at least 100 feet the street
is approximately at right angles to the street it joins, and in no
case shall two streets intersect at an angle smaller than 60°.
To this end, an oblique street should be curved approaching an intersection.
Where three or more streets intersect, a traffic circle or other special
treatment may be required by the Board. At block corners the traveled
way shall be rounded with a curve having a radius of not less than
35 feet.
K.
Relation to topography. The street plan of a proposed
subdivision shall bear a logical relationship to the topography of
the property, and all streets shall be arranged so as to obtain as
many of the building sites as possible at or above the grade of the
streets. Grades of streets shall conform as closely as possible to
the original topography.
L.
Other required streets. Where a subdivision borders
on or contains a railroad right-of-way or limited 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 (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.
B.
Improvements. Streets shall be graded and improved
with pavements, curbs and gutters, sidewalks, storm drainage facilities,
water mains, sewers, streetlights and signs, street trees, and fire
hydrants, except where waivers may be requested, and the Planning
Board may waive, subject to appropriate conditions, such improvements
as it considers may be omitted without jeopardy to the public health,
safety and general welfare. Curbs, gutters, sidewalks, street pavements,
fire hydrants, streetlights, shade trees, monuments, water mains,
storm sewers, sanitary sewers and any other improvements that may
be required shall be designed and constructed to conform to the specifications
as established by resolution or ordinance of the Municipal Legislature.
Pedestrian easements shall be improved as required by the Commissioner
of Public Works. All rights-of-way shall be provided with paved, seeded
or sodded areas, properly prepared, graded and sloped in conformance
with good nursery practice. Where sidewalks and walkways are included
with streets' rights-of-way, suitable trees or shrubs may be required
to be planted within the required planting strips. Such grading and
improvements shall be approved as to design and specifications by
the Commissioner of Public Works.
(2)
Streetlighting facilities. Where required by the Planning
Board, streetlighting standards in conformance with the lighting system
of the municipality of a design approved by the Commissioner of Public
Works shall be installed by the subdivider in a manner and location
approved by the Commissioner of Public Works and the appropriate power
company. In the case of a subdivision involving a county or state
highway, approval shall be obtained from the County Superintendent
of Highways. Where a new lighting district is to be created or an
existing district expanded, the applicant shall petition the Town
Board to create said district or expansion before final approval.
(3)
Street signs. Street signs for a private road are to be of a type
(blue signs with Town of Wallkill logo) as purchased by the developer
through Town of Wallkill and as approved by the Commissioner of Public
Works. Signs shall be placed at all intersections in locations within
the right-of-way approved by the Commissioner.
[Amended 5-26-2016 by L.L. No. 10-2016]
(4)
Street trees. It is required that shade trees be furnished
and planted outside the street row, at the expense of the owner of
the subdivision, along both sides of the road within his subdivision.
These shade trees shall be planted at no more than forty-foot intervals.
All tree varieties, placement, condition and quality are subject to
the approval of the municipal Planning Board prior to and after planting.
Trees shall be hardy and suitable to local soil and climate. All trees
must meet the standards of the American Standard for Nursery Stock.
Poplars, box elders, catalpas, horse chestnuts, willows and elms shall
not be planted. New trees shall measure at least 1 1/2 inches
in diameter as measured at a point four feet above finished grade
level.
C.
Utilities in street rights-of-way. The Planning Board
may require the underground installation of all utility systems, if
it is deemed aesthetically desirable and if such installation is determined
to be economically feasible and not prohibitive in terms of cost to
the developer. 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 lines when they require attention or in perpetually unobstructed
easements of a width adequate for servicing. The subdivider shall
install underground service connections to the property line of each
lot within the subdivision for such required utilities before the
street is paved.
D.
Utility easements. Where topography or other conditions
are such as to make impractical the inclusion of utilities or drainage
facilities within street rights-of-way, perpetual unobstructed easements
at least 20 feet in width for such utilities or drainage facilities
shall be provided centered on rear or side lot lines or across property
outside the road lines and with satisfactory access to the road. 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. Easements shall be indicated on
the plat. In large-scale developments, easements along rear property
lines or elsewhere for utility installation may be required by the
Planning Board. Such easements shall be of the width and location
determined by the Board after consultation with the public utilities
companies or municipal departments concerned.
E.
Assurance by utilities. As to utilities required by
the Planning Board, the Planning Board may accept assurance from each
public utility company whose facilities are proposed to be installed.
Such assurance shall be given in a letter addressed to the Board and
stating that such public utility company will make the installations
necessary for the furnishing of its services within the time therein
specified and satisfactory to the Board.
F.
Grades. Grades of all streets shall be the reasonable
minimum, but shall be not less than 1%, nor more than 5% for arterial
or major streets, nor more than 8% for secondary or collector streets,
nor more than 10% for minor streets, but in no case more than 2% within
50 feet of any intersection, except that the Planning Board may approve
a grade up to 14% for minor streets where topographic conditions make
a lesser grade impracticable. Line and grade shall always give a minimum
sight distance of:
G.
Changes in grade. All changes in grade shall be connected
by vertical curves of such length and radius as meet with the approval
of the Commissioner of Public Works so that clear visibility shall
be provided for a safe distance, as well as a smooth transition.
H.
Curve radii at street intersections. All street right-of-way
lines at intersections shall be rounded by curves of at least thirty-five-foot
radius, and curbs shall be adjusted accordingly.
I.
Steep grades and curves; visibility of intersections.
A combination of steep grades and curves shall be avoided. In order
to provide visibility for traffic safety, that portion of any corner
lot (whether at an intersection entirely within the subdivision or
of a new street with an existing street) which is shown shaded on
Sketch A shall be cleared of all growth (except isolated trees) and
obstructions above the level three feet higher than the center line
of the street. If directed, the ground shall be excavated to achieve
visibility.
J.
Dead-end streets (culs-de-sac). Permanent dead-end or cul-de-sac streets shall be equipped with a turnaround roadway with a minimum diameter of the right-of-way of 140 feet and a minimum outside diameter of the traveled way of 120 feet unless the Planning Board approves an equally safe and convenient form of turning space. Temporary dead-end streets shall be equipped with a turnaround which conforms to the standards for permanent dead-end streets; a temporary turnaround shall be provided with a notation on the plat that land outside the normal street right-of-way shall revert to abutting property owners whenever the street is continued. See § 249-24.2, Dead end roads and culs-de-sac, for additional requirements.
[Amended 12-9-2009 by L.L. No. 8-2009]
K.
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 Commissioner of Public Works.
L.
Curve radii. In general, street lines within a block,
deflecting from each other at any one point by more than 10°,
shall be connected with a curve, the radius of which for the center
line of street shall not be less than 400 feet on major streets, 200
feet on collector streets and 100 feet on minor streets. The outer
street line in each case shall be parallel to such inner street line.
A tangent of at least 100 feet long shall be introduced between reverse
curves on arterial and collector streets.
M.
Service streets or loading space in commercial development.
Paved rear service streets of not less than 20 feet in width or, in
lieu thereof, adequate off-street loading space, suitably surfaced,
shall be provided in connection with lots designed for commercial
use.
N.
Free flow of vehicular traffic abutting commercial
developments. 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 width 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.
O.
Undersized existing streets. Where a subdivision borders
or includes existing narrow roads that do not conform to street widths
as shown on the Master Plan or Official Map or that do not conform
to the street width requirements of this chapter or when the Master
Plan indicates plans for realignment or widening of a road that would
require use of some of the land in the subdivision, the subdivider
shall be required to show areas for widening or realigning such roads
on the plat, marked "Reserved for Road Realignment (or Widening) Purposes"
along either one or both sides of such streets of substandard width.
If the subdivision is along one side only, 1/2 of the required width
shall be dedicated. It shall be mandatory to indicate such reservation
on the plat when a proposed widening or realignment is shown on the
Municipal or County Official Maps. Land reserved for such purposes
may not be counted in satisfying yard or area requirements of the
Zoning Ordinance; said reservations may be required to be dedicated
to the municipality.
P.
Walkways and sidewalks. Subdivision designs shall
indicate consideration for suitable protection of different types
of land uses and the segregation of vehicular and pedestrian traffic
where desirable. The pedestrian walk network, whether independent
or combined with the vehicular road network, shall conveniently link
dwellings to all possible generators of pedestrian traffic both within
and without the subdivision, including, but not necessarily limited
to, parking areas, recreation areas, schools, stores, bus stops and
other walks. Such walks shall be so designed and constructed so as
to encourage their use by their proximity to generators of traffic,
convenient arrangement, evenness and durability of surface, pleasant
appearance, and exposure to scenic areas and views. (See Town of Wallkill
Road Specifications for construction details.)[3]
Q.
Monuments. Monuments shall be concrete, 30 inches
deep, 30 inches in length, five inches square at the top and six inches
square at the bottom. Monuments and a map certified by a licensed
surveyor showing at least three survey ties to each monument shall
be furnished to the municipality.
R.
Roads. The requirements contained in "Street and Sewer
Specifications", approved by the Town Board of the Town of Wallkill
and by the Commissioner of Public Works of the Town of Wallkill, and
as hereafter may be amended, shall apply, and all road construction
or design shall conform thereto; said minimum standards being attached
hereto and made a part hereof.[4]
S.
Improvement of existing roads bordering a subdivision.
Existing roads shall be upgraded from the edge of the existing pavement
to the subdivision property line to meet the current road standards
of the Town of Wallkill.
A.
Type of name. All street names shown on a preliminary
plat or subdivision plat shall be approved by the Planning Board.
In general, streets shall have names and not numbers or letters.
B.
Names to be substantially different. Proposed street
names shall be substantially different so as not to be confused in
sound or spelling with present names, except that streets that join
or are in alignment with streets of an abutting or neighboring property
shall bear the same name. Generally, no street should change direction
by more than 90° without a change in street name.
C.
The two previous points must be clarified with the
United States Postal Service, as far as street names are concerned.
A.
Lots to be buildable. The lot arrangement shall be
such that in constructing a building in compliance with the Zoning
Ordinance, there will be no foreseeable difficulties for reasons of
topography or other natural conditions. A lot intended for use for
single-family residential purposes must contain a dwelling and septic
system site of not less than 5,000 square feet (with a minimum dimension
of 25 feet) of land, meeting all zoning district requirements relative
to setbacks, etc., and meeting the following criteria:
(1)
Average slope of less than 15%;
(2)
A rating of the soil with respect to permeability
of "slight" or "moderate"* (unless served by public sewage);
(3)
A rating of the soil with respect to depth to seasonal
or prolonged high water table of "slight" or "moderate"* (unless served
by public sewage); and
B.
Side lines. All side lines of lots shall be substantially
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.
C.
Corner lots. In general, corner lots should be larger
than interior lots to provide for proper building setback from each
street and provide a desirable building site.
E.
Access from public streets.
(1)
The subdividing of land shall be such as to provide,
by means of a public street, each lot with satisfactory access to
an existing public street.
(2)
Double frontage and reverse frontage lots shall be
avoided. Reverse frontage lots which have their rear yard abutting
a collector or major street shall be provided with effective shrubs
or screening along the full width of the rear property line to screen
the rear yard from adjacent traffic.
(3)
Lots of less than 200 feet frontage apiece fronting
on a county or state road must be so designed as to share a double
width common curb cut with an adjacent lot, if either adjacent lot
has not been granted a curb-cut permit. When more than eight lots
are proposed to be subdivided from a parcel with frontage on a county
or state road (or there is the possibility of creating nine or more
lots equal in size to the average area of the lots proposed for subdivision),
frontage for all must be on internal streets (not on the county or
state highway). Each lot permitted to front on a county or state road
must provide for an on-site turnaround so as to obviate the necessity
of any vehicle from backing onto such roadway.
F.
Access from private streets. Access from private streets
(under § 280A of the Town Law) shall be deemed acceptable
only if such streets are designed and improved in accordance with
these regulations.
G.
Monuments. Permanent monuments meeting specifications
approved by the Commissioner of Public Works as to size, type and
installation shall be set at such block corners, angle points, points
of curves in streets and other points as the Commissioner of Public
Works may require, and their location shall be shown on the subdivision
plat.[2]
H.
Where extra width has been dedicated or set aside
for widening of existing streets, lots shall begin at such extra width
line, and all setbacks shall be measured from such line.
I.
Minimum lot size. Lots should not be of such depth
as to encourage the later creation of a second building lot at the
front or rear, and excessive depth in relation to the width shall
be avoided. A portion of 2 1/2 to one will normally be considered
maximum.
J.
Land reserved for future development. Land reserved
from the subdivision for future development shall be of a useful dimension
for permissible forms of development.
K.
Topsoil. If any topsoil is removed from its natural
position in the process of grading the subdivision site, such topsoil
shall be replaced to a depth approximately equivalent to that existing
prior to such grading, except in streets, driveways and foundation
areas.
L.
Additional standards. Where the property to be subdivided
is next to, or includes, a railroad right-of-way, suitable provisions
shall be made for such things as road crossings, screening, and freight
access as recognition of the relationship between the railroad and
the subdivision.
M.
Lot clearance. On a lot intended for single-family
residential purposes, no more than 5,000 square feet of land shall
be cleared for development purposes.
A.
Removal of spring and surface water. All subdivision
shall be related to the drainage pattern affecting the areas involved,
with proper provision to be made for adequate storm drainage facilities.
The subdivider shall 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. A culvert or
other drainage facility shall, in each case, be of adequate size to
accommodate the potential run-off from the entire upstream drainage
area, whether inside or outside the subdivision area. The design and
size of this facility shall be subject to the approval of the Commissioner
of Public Works.
B.
Drainage structure to accommodate potential development
upstream. A culvert or other drainage facility shall, in each case,
be large enough to accommodate potential runoff from its entire upstream
drainage area, not only the anticipated discharge from the property
being subdivided but also the anticipated run-off that will occur
when property at a higher elevation in the drainage basin is developed.
The Commissioner of Public Works shall approve the design and size
of facility based on anticipated run-off from the following storm
frequencies under conditions of total potential development permitted
by the Zoning Ordinance in the watershed:
(1)
Generally, for watersheds with drainage areas less
than 320 acres all structures should be designed to carry the peak
runoff for a twenty-five-year storm.
(2)
Generally, for watersheds with drainage areas between
320 and 640 acres, the structures should be designed to carry peak
runoff for a fifty-year storm.
(3)
Generally, for watersheds with drainage areas larger
than one square mile, all structures should be designed to carry peak
runoff for a one-hundred-year storm.
(4)
Notwithstanding the above, the developer must certify
that the first floor elevation will not flood with a one-hundred-year
storm.
(5)
The only acceptable method for calculating anticipated
run-off shall be computed by the Soil Cover Complex Method as utilized
by the Soil Conservation Service of the U.S. Department of Agriculture.
C.
Responsibility for drainage downstream. The subdivider's
engineer shall study and submit a written report of the effect of
each subdivision on the existing downstream drainage facilities outside
the area of the subdivision; this study shall be reviewed by the Commissioner
of Public Works and the Orange County. Soil & Water Conservation
District. Where it is anticipated that the additional run-off incident
to the development of the subdivision will overload an existing downstream
drainage facility during a twenty-five-year storm, provision for the
storage of the increased run-off must be made by the developer. (See
Appendix B, Stormwater Management, found in the Town Soil Report.)
D.
Land subject to flooding. Land subject to periodic
or occasional 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 park purposes in addition to that area which is required
in the Town of Wallkill Park Requirements.
E.
Easements. Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially with the
lines of such watercourse and such further width or construction,
or both, as the Commissioner of Public Works may deem adequate to
the purpose, but in no case less than 20 feet in width and of such
width as to encompass the flood of record plus three feet in elevation.
Drainage easements shall be carried from the road to a natural watercourse
or to other drainage facilities. When a proposed drainage system will
carry water across private land outside the subdivision, appropriate
rights must be secured and indicated on the plat.
F.
House and lot drainage. Drainage of individual lots
and dwellings, including footing drains designed to a free-flowing
outlet to assure proper run-off from roofs, driveways and paved surfaces,
shall be required for Planning Board approval. The installation of
such facilities shall be required prior to the issuance of a certificate
of occupancy.
H.
Reserve strips prohibited. Reserve strips of land,
which might be used to control access from the proposed subdivision
to any neighboring property or to any land within the subdivision
itself shall be prohibited.
I.
Preservation of natural features. The Planning Board
shall, wherever possible, establish the preservation of all natural
features which add value to residential developments and to the community,
such as large trees or groves, watercourses and falls, beaches, historic
spots, vistas and similar irreplaceable assets.
(1)
Natural terrain. Subdivision design shall preserve,
in so far as possible, the natural terrain and natural watercourses,
improvements and drainage areas.
(2)
Trees. A conscious effort shall be made to preserve
all worthwhile trees and shrubs which exist on the site. Such features
may well be suggested for park or playground areas. On individual
lots or parcels care shall be taken to preserve selected trees to
enhance the landscape treatment of the development. No tree with a
diameter of eight inches or more as measured three feet above the
base of the trunk shall be removed unless such tree is within the
right-of-way of a street as shown on the final subdivision plat. Removal
of additional trees shall be subject to the approval of the Planning
Board. In no case, however, shall a tree with a diameter of eight
inches or more as measured three feet above the base of the trunk
be removed without prior approval by the Planning Board.
(3)
Soil. Natural fertility of the soil shall be preserved
by disturbing it as little as is possible, and no topsoil shall be
removed from the site.
(4)
Watercourses. Open watercourses shall be recognized as community assets. Subdivision design may well be enhanced by featuring streams and brooks. Floodplain land, areas bordering on watercourses, drainageways and other lands which cannot be used safely for building purposes without danger to health or peril from flood may be offered to the municipality as a gift to be used as public open space or for recreational purposes, but shall be in addition to that required in Article IV, § 209-22B.
J.
School site. Upon receipt from the School Board of
a letter declaring its interest in a school site of a specific size
and location within a proposed subdivision, the Planning Board may
ask a subdivider to set aside such area in the design of the subdivision.
Purposes. The purpose of this section is to
provide an equitable and effective development standard for securing
adequate land for parks, playgrounds, and recreation purposes in new
subdivisions throughout the municipality. Except as hereinafter provided,
lands comprising approximately 10% of the total area to be subdivided
shall be reserved for parks, playgrounds or recreational purposes
in a location with suitable public access within the subdivision,
as selected and determined by the Planning Board.
A.
Park, playground and recreational sites. Before the
approval by the Planning Board of a plat showing lots, blocks or sites,
with or without streets or highways, or the approval of a plat already
filed in the office of the Clerk of the county wherein such plat is
situated if such plat is entirely or partially undeveloped, such plat
shall also show, in proper cases and when required by the Planning
Board, a park or parks suitably located for playground or other recreational
purposes. Where a proposed park, playground or other permanent recreation
area is shown on the Comprehensive Development Plan to be located
in whole or part in a proposed subdivision, the Planning Board shall
require that such area or areas be shown on said plat.
B.
If the Planning Board determines that a suitable park
or parks of adequate size cannot be properly located in any such plat
or are otherwise not practical, the Board may require as a condition
to approval of any such plat a payment to the Town of an amount to
be determined by the Town Board, which amount shall be available for
use by the Town for neighborhood park, playground or recreation purposes,
including acquisition of property.
C.
When said permanent recreational areas are required
to be so shown, the subdivider shall submit to the Planning Board
a suitable tracing, at a scale of not less than 30 feet to an inch,
indicating:
D.
The minimum area of contiguous open space acceptable
in fulfillment of this requirement shall be generally three acres.
However, in the case of subdivisions of less than 10 acres, smaller
recreation areas may be approved by the Planning Board whenever it
deems that the difference between the area shown and three acres may
be made up in connection with the subdivision of adjacent land.
E.
In applicable cases, the Planning Board shall require
the execution and filing of a written agreement between the applicant
and the Town Board regarding costs of grading, development, equipment,
and maintenance of said recreation areas, as well as the conveyance
of whatever rights and title is deemed necessary to insure that said
premises will remain open for use by the residents of the Town of
Wallkill.
F.
No monies received by the Town in lieu of land, as
aforesaid, shall be returned to any subdivider or developer by reason
of the nullification of his building permits for failure to comply
with Section 11.1.5 of the Town Ordinance, nor shall any rights or
title in land conveyed to the Town as aforesaid be affected by same.
G.
Requirements for computing recreational land or money
in lieu of land. For every 100 people in a development, one acre of
land or its equivalent in money must be provided for by the developer.
For the purposes of computation, townhouses and single-family units
are considered to have four people per dwelling unit. Garden apartments
and condominiums are considered to have three people per dwelling
unit. The following is the method of payment:
(1)
Ten percent of the money is to be paid when final
approval is granted by the Planning Board.
(2)
When 20% or less of building permits are requested,
an additional 25% of the money will be paid.
(3)
Thereafter, for every additional 20% of building permits
requested, 25% of the money will be paid until the entire amount has
been submitted.
(4)
When the developer requests his first certificate
of occupancy, the entire amount of money will become due, regardless
of how many building permits he has heretofore requested.
(5)
In the case where the Planning Board deems it in the
best interest of the Town to require land instead of money, the Town
will enter into a contract agreement with the developer. This contract
will be executed before final approval is granted by the Planning
Board. Among other things, this contract will include a specific time
and date when title to such land will be conveyed to the Town. This
will occur before 70% of the building permits are issued or before
any certificates of occupancy are issued. The value of the land will
be determined by the Assessor.
A.
Purpose. For the purpose of promoting the public health,
safety and general welfare; determining, establishing and defining
soil groups; and to adopt such regulations for each group, the entire
area of the Town of Wallkill is hereby divided into 15 soils groups.
(See Table of Soil Groups, included at the end of this chapter.)
B.
Map. The groups are comprised of several soil types
as identified hereinafter and which soil types are shown on the map
designated as the Town of Wallkill Soil Map, dated January 1973, and
made a part of this regulation.[1] All pertinent notations, soil mapping unit designators
and other information shown upon said map shall be as much a part
of this regulation as if the matter and things set forth by said map
were fully described herein.
[1]
Editor's Note: The Soil Map is on file in
the office of the Town Clerk.
C.
Preparation. The soil groups and the Town of Wallkill
Soil Map were prepared with the assistance and cooperation of the
USDA, Soil Conservation Service, Orange County, New York, published
in January of 1972.
D.
Applicability. These regulations shall not repeal,
impair or modify private covenants or other public laws, except that
it shall apply whenever it imposes stricter regulations.
E.
Nonrepresentation. The granting of a permit due to
the designations, grouping, characteristics and special foundation
requirements shall not constitute a representation, guarantee or warranty
of the suitability of lands, practicability or safety of any structure,
use, or other plan proposed.
F.
Sediment control.
(1)
The subdivider shall provide effective sediment control
measures for planning and construction of subdivisions. Use of the
following technical principles shall be applied as deemed appropriate
by the Orange County Soil and Water Conservation District:
(a)
The smallest practical area of land shall be
exposed at any one time during the development.
(b)
When land is exposed during development, the
exposure shall be kept to the shortest practical period of time.
(c)
Temporary vegetation and/or emulsion shall be
used to protect critical areas exposed during development.
(d)
Sediment basins, debris basins (silting basins
or silt traps) shall be installed and maintained to remove sediment
from runoff waters on lands undergoing development.
(e)
Provision shall be made to effectively accommodate
the increased runoff caused by changing soils and surface conditions
during and after development.
(f)
Permanent final vegetation and structures should
be installed as soon as practical in the development.
(g)
The development plan should be fitted to the
type of topography and soils so as to create the least erosion potential.
(h)
Wherever feasible, natural vegetation should
be retained and protected.
(2)
A permit is required to grade and/or shape the topography,
and is subject to the same restrictions and reviews as are subdivisions.
(Preparation of agricultural land fitting to seed crops for harvest
is not considered grading.)
G.
Drainage channels. All primary drainage channels which
are located within or immediately adjacent to an improvement or a
subdivision shall be protected by the developer.
H.
Utilization.
(1)
It is recognized that the soil maps and the information
found in the Orange County Soil Report do not eliminate the need for
future on-site investigations. The delineated areas of a given soil
mapping unit may contain small areas of other kinds of soil that have
strongly contrasting properties. The small areas (between 10% to 15%
at the total area) are called "inclusions" and cannot be separated
out on the scale of mapping used in Orange County.
(2)
The Commissioner of Public Works shall have full authority
to make additional requirements to fit conditions that may be observed
in field and as a result of subsequent tests.
(3)
A permit applicant whose construction plan does not
meet minimum requirements of the regulation may:
(a)
Incorporate in the construction plans accepted
methods of construction and/or accepted materials whose use will meet
the added requirements; or
(b)
Petition the Board of Appeals for a variance
from the decision of the Building Inspector. Said Board may request
the Soil and Water Conservation District to conduct an immediate on-site
soil inspection for the purpose of determining the specific soil type
and subsequent group, or insist that a subsurface soil investigation
be conducted by a registered Soil Engineer to determine the soil-bearing
capacity, its stability, drainage characteristics, permeability and
other properties that may be in question.
It is the policy of the Town of Wallkill that
all central sewer and water systems be owned and operated by the Town.
It is required as a condition to final approval of the plat that where
central sewer and/or water systems are to be installed, an improvement
district shall be legally formed or extended. Such systems with appurtenances
shall be offered for dedication to such districts without cost to
the district.
A.
Water and sewage facilities.
(1)
Endorsement. The proposed subdivision plat shall be
properly endorsed and approved by the Orange County Department of
Health. Such endorsement and approval shall be secured by the subdivider
after approval of the preliminary plat by the Planning Board.
(2)
Local requirements. Orange County Department of Health
approval shall constitute only the minimum requirement necessary,
and where considered essential by the Board, a public sanitary and/or
water system may be required for any subdivision.
(3)
Ordinance. The requirements contained in the "Town
of Wallkill Sewage Disposal Ordinance" approved by the Town Board
of the Town of Wallkill, and as hereafter may be amended, shall apply,
and all sewage disposal systems shall be constructed in conformance
thereto; said Sewage Disposal Ordinance being attached hereto and
made a part hereof.[1]
(4)
Dedication. Water and sewer mains and systems are
to be offered for dedication to the municipality or duly constituted
improvement district and upon completion of acceptance shall be maintained
by the Municipality and shall be located in the street rights-of-way
or in perpetually unobstructed easements of a width adequate for servicing.
(5)
Connections. The developer shall be responsible, not
only for the laterals within the development, but also for any lines
or connections that may be necessary to bring the service to the development.
(6)
The Planning Board shall require that prior to final
approval the Commissioner of Public Works shall determine the capacity
of a well to adequately supply a development with water.
