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.
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.