The Planning Board, in considering an application
for the subdivision of land, shall be guided by the following considerations
and standards, which standards shall be deemed to be the minimum requirements
for the convenience, health, safety and welfare of the Town. In all
cases except where noted herein, the Planning Board shall be the determining
agent.
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.
Land subject to such hazards shall not be subdivided nor developed
for residential purposes, nor for such other uses as may endanger
health, life or property, or aggravate a physical hazard, but such
land may be set aside for uses as shall not involve such danger nor
produce unsatisfactory living conditions.
(1)
Land
disturbance activities on slopes greater than 1:2 (50%) shall be prohibited.
[Added 11-19-2009 by L.L. No. 10-2009]
(2)
Land
disturbance activities on slopes 1:3 (33%) or greater with building
site development soil limitations defined as “severe”
or soils having slow or very slow infiltration rates/high runoff potential,
as defined by the Soil survey of Ulster County, USDA Soil Conservation
Service in its most recent publication, shall be prohibited.
[Added 11-19-2009 by L.L. No. 10-2009]
B.
Conformity with Official Map and Town Comprehensive
Plan. Subdivisions shall conform to the Official Map of the Town and
Ulster County and shall be in harmony with the Town Comprehensive
Plan, if such exist.
C.
Preservation of natural cover.
(1)
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.
(2)
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.
D.
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.
E.
Specifications for required improvements. All required
improvements shall be constructed or installed to conform to Town
specifications, or to the specifications of the county, state or federal
agency with jurisdiction over such facilities or improvements.
F.
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 improved street duly placed on the Official Map. If such street be private, it shall be improved to the satisfaction of the Engineer for the Planning Board and approved by the Planning Board or there shall be a bond or letter of credit held by the Town to guarantee such improvement, pursuant to the provisions of Article VI of these regulations.
G.
Average density development subdivision. Pursuant
to § 278 of New York State Town Law, and the average density
development (cluster) provisions of the Town of Esopus Zoning Law,
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 the Zoning Law, 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. Average
density development shall be approved by the Planning Board only in
accordance with the procedures and standards of the Town of Esopus
Zoning Law, in addition to the applicable standards of these regulations.
H.
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(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 Esopus, and the SEQR regulations.
A.
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 Comprehensive Plan and in conformance in location and design to the Official Map and the standards set forth in Chapter 88 of the Town Code.
B.
Relation to topography. Streets shall be logically
related and conform insofar as possible to the original natural topography.
A combination of steep grades and sharp curves shall be avoided.
C.
Temporary dead-ends and street continuations.
(1)
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 Comprehensive 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 § 107-21D.
(2)
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 turnaround shall be provided on
all temporary dead-end streets, with a notation on the plat that land
outside the normal street right-of-way or street parcel shall revert
to abutting property owners upon continuation of the street.
(3)
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.
(4)
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.
D.
Permanent dead-end streets.
(1)
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 § 107-21C(1), 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 turnaround shall be provided at the end of a permanent dead-end street.
(2)
For greater convenience to traffic and more effective
police and fire protection, permanent dead-end streets shall be limited
in length, exclusive of the turnaround, to 1,200 feet from the nearest
connecting street.
(3)
No permanent dead-end may be constructed that provides
access to more than 20 building lots.
(4)
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.
E.
Treatment of major streets.
(1)
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.
(2)
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.
F.
Street names.
(1)
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.
(2)
Names shall be sufficiently different in sound and
spelling from other streets 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.
G.
Intersections.
(1)
Design. Intersections of major streets by other streets
shall be at least 800 feet apart. A distance of at least 150 feet
shall be maintained between offset intersections. Within 40 feet of
an intersection, streets shall be at right angles wherever possible,
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 90°, special pavement, channelization, right-of-way and/or
sight easement restrictions may be required by the Planning Board.
(2)
Sight triangles. On a corner lot, no fence, wall, hedge, structure or plantings more than 2 1/2 feet in height above the elevation of the street center line shall be erected, placed or maintained within the triangular area formed by the intersecting pavement lines of sufficient size to maintain stopping sight distance for the posted speed limit of each intersecting street. Sight easements on corner lots shall be described on the final plat as per § 107-29C(15)(b) of these regulations.
H.
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.
(3)
Roadway curves and grades. Horizontal and vertical curves, tangents between curves, grades and sight distances shall be designed in accord with accepted engineering standards and Chapter 88 of the Town Code subject to review by the Engineer for the Planning Board and the Town Highway Superintendent.
(4)
Turnarounds for dead-ends. Turnarounds shall be provided
at the end of permanent dead-end streets in accord with the provisions
of Section 88 of the Town Code.
(5)
Minimum construction requirements for roads. All proposed
public and private streets shall be built to the road construction
standards adopted by the Town of Esopus Highway Department and set
forth in Section 88 of the Town Code. The Town Engineer, Town Superintendent
of Highways and/or the Planning Board will not recommend, and the
Town Board will not accept or establish any new road which does not
meet these 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 roads. The subdivider and/or
contractor shall be responsible for obtaining and presenting to the
Planning Board a certificate signed by a licensed professional engineer
certifying that all roads and related improvements were built in accord
with the approval plans and specifications.
A.
Street improvements. Streets shall be graded and improved
with pavement, street signs, sidewalks, streets lighting 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 Planning Board Engineer,
who shall require that all pertinent Town standards and specifications
shall be met.
(1)
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.
(2)
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.
(3)
Street trees. The Planning Board may require the planting
of street trees. Such trees shall be of a species approved by the
Planning Board 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.
(4)
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.
B.
Monuments and markers. Permanent monuments shall be placed in accord with the standards of Chapter 88 of the Town Code.
C.
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:
(1)
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.
(2)
All water mains shall be at least six inches in diameter.
(3)
Sanitary sewers shall not be used for stormwater drainage.
(4)
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.
D.
Other utilities.
(1)
Underground utilities. In order to assure greater
safety and improved appearance, all utility lines and related equipment
for providing power and communication services shall be installed
underground, in the manner prescribed by the regulations of the utility
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.
(2)
Overhead utilities.
(a)
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.
(b)
Utility poles shall be set in such a location
that they will be as close to the right-of-way line as practical.
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.
(3)
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. Evidence of any security required by said utility
for providing such service to the properties in the subdivision shall
be provided to the Planning Board by the applicant prior to the signing
of the final plat by the Planning Board Chairman.
E.
Flood protection.
(1)
The Planning Board shall review subdivision proposals
and other proposed new developments to assure that:
(2)
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.
A.
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 the Zoning
Law, as it may be adopted, or in providing access to buildings on
such lots from an approved street. Dimensions of corner lots shall
be large enough to allow for erection of buildings, observing the
minimum front yard setback from both streets.
B.
Side lot lines. Side lot lines should be at right
angles to street lines wherever possible. Lot lines should coincide
with municipal boundaries rather than cross them wherever possible.
Where extra width has been dedicated for widening an existing street,
lot lines shall begin at such extra width line.
C.
Access from major streets. Lots should not have their vehicular access from a major street where other options are available. 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 § 107-21E, Treatment of major streets.)
E.
Lot dimensions. Except as provided elsewhere in these
regulations, lot area and dimensions shall comply with at least the
minimum standards of the Zoning Law for the district in which they
are located.
(1)
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 the
Zoning Law 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.
(2)
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 the Town of Esopus Zoning Local law, the subdivider may request approval of an average density development subdivision, as set forth in § 107-20G of these regulations. Alternatively, the subdivider may apply to the Esopus Zoning Board of Appeals for an area variance, pursuant to the Zoning Law, without the necessity of a decision or determination of the Building Inspector.
(3)
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.
F.
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 limitations
and/or buffer landscaping for such double-frontage lots where the
Board determines that such measures would be appropriate.
A.
Watercourses.
(1)
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 or design approved by the
Engineer for the Planning Board.
(2)
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 Engineer for
the Planning Board, with 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 and shall also provide for access by the Town when required
to maintain public safety.
(3)
The costs for all reviews of drainage and engineering
studies by the Engineer for the Planning Board shall be borne by the
project applicant.
B.
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 title fees of
the adjacent lots. The Planning Board may approve an alternate plan
where by 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.
C.
Required state and federal permits.
(1)
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 Parts 608
and 663 through 665 of the New York Codes, Rules and Regulations.
(2)
Any subdivider proposing to disturb or alter any federal
designated wetland, as established pursuant to Section 404 of the
United States Clean Water Act (United States Code, Part 1344), must
obtain the appropriate regional, conditioned nationwide or individual
permits from the New York District of the United States Army Corps
of Engineers, as specified in Sections 320 through 330 of Part 33,
Code of Federal Regulations.
D.
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.
E.
Stormwater management. Every subdivider shall comply with the provisions of Chapter 106 of the Town of Esopus Code which addresses stormwater management, erosion and sediment control.
[Amended 11-15-2007 by L.L. No. 8-2007]
F.
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.
A.
Parks and open space.
(1)
General. In accordance with § 277(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 Esopus, 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(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.
(2)
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 Comprehensive 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.
(3)
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."
(4)
Payment of money in lieu of land. In the event that
the Planning Board determines in writing that a suitable park or parks
of adequate size cannot be properly located in any such plat or is
otherwise not practical, the Planning Board may require a sum of money
in lieu thereof, in an amount established in accordance with the fee
schedule adopted by the Town Board. Any such monies required by the
Planning Board in lieu of land for a park, playground or other recreational
facility, pursuant to these regulations, shall be deposited into a
trust fund to be used by the Town of Esopus exclusively for park,
playground or other recreational facilities, including the acquisition
of property for such facilities.
B.
Widening or realignment of existing streets. Where
the subdivision borders an existing street and additional land is
required for realignment or widening of such street as indicated on
the Official Map or Town Comprehensive Plan, if such exist, or where
the Planning Board deems such reservation necessary, the Planning
Board may require that such areas be indicated on the plat and marked
"Reserved for Street Realignment, Widening or Maintenance Purposes."
Where such areas are intended to be dedicated to the Town or other
government agency by the subdivider, deeds that describe such areas
must be prepared by the subdivider and submitted to the Planning Board
for review prior to dedication to the Town or other government agency.
C.
Easements for utilities and drainage. 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
and drainage shall be provided across property outside the street
lines and with satisfactory access to the street. Such easements should
be located along lot lines, where possible.
D.
Easements for pedestrian access. The Planning Board
may require, in order to facilitate pedestrian access from streets
to schools, parks, playgrounds, or other nearby streets, perpetual
unobstructed easements at least 20 feet in width.
E.
Easements for maintenance of slopes. Where steep slopes
beyond the street right-of-way may require maintenance, an easement
may be required for such purposes. This requirement shall be based
upon a determination by the Engineer for the Planning Board, at the
request of the Planning Board.
F.
Responsibility for ownership of reservations. Title
to all reservations, if vested in interests other than the subdivider,
shall be clearly indicated on the plat.
G.
Access to public lands. No reserve strip controlling
access to land dedicated or to be dedicated for public use shall be
permitted.
The subdivider may place restrictions on any
of the land contained within the subdivision which are greater than
those required by the Zoning Law/Ordinance. Such restrictions shall
be indicated on the final subdivision plat.
