The design standards and requirements set forth in this chapter shall be observed as minimums by the subdivider in the design of each subdivision in the Town of Neversink. The Town may require more restrictive standards where necessary to protect the health, safety and welfare of the public and where circumstances unique to the property so dictate.
Those areas which are subject to such hazards to life, health or property as may arise from fire, flood or noise or are considered to be uninhabitable for other reasons may not be subdivided for building purposes unless the hazards have been eliminated or the plans show adequate safeguards correcting the hazards.
Information for determining and evaluating potential hazards may include references to historical records, soil evaluations, engineering studies, expert opinions, established standards used by licensed insurance companies and federal, state or local policies, such as, but not limited to, established floodplain lines.
The burden of proving a particular parcel is suitable for subdivision or building purposes shall be upon the subdivider.
Layout to be comprehensive. All portions of a tract being subdivided shall be taken up in lots, streets, public lands or other proposed uses, so that remnants or other landlocked areas shall not be created. The layout of a subdivision shall also be planned with consideration to existing nearby developments or neighborhoods, so that the development is coordinated in terms of traffic movement, drainage and other reasonable considerations, including aesthetic concerns.
Preservation of natural features. In all subdivisions, care shall be taken to preserve natural features, such as trees, watercourses, views and historical features, which will retain the attractiveness and value of the remainder of the Town. Damming, filling, relocating or other interference with the natural flow of surface water along any surface water drainage channel or natural watercourse shall not be permitted except with the approval of the Town and, where appropriate, the New York State Department of Environmental Conservation.
Erosion and sedimentation control. In the event that any subdivider shall intend to make changes in grade, excavate, remove or destroy the natural topsoil or vegetation covering a site in accordance with a subdivision plan, the Planning Board may require an erosion and sedimentation control plan. The erosion and sedimentation control measures in the plan shall be approved by the town's engineer.
Storm drainage. In the event that any subdivider shall intend to install public streets or interrupt or change existing drainage courses, the Planning Board may require a storm drainage plan. The storm drainage plan shall be approved by the town's engineer.
Lot lines. Wherever possible, lot lines shall follow town and county boundary lines rather than cross them. Reserve strips controlling access to lots, public rights-of-way, public lands or adjacent private lands are prohibited.
Lots to be buildable.
The lot arrangement shall be such that, in constructing a building in compliance with the Town Code of the Town of Neversink, there will be no foreseeable difficulties by reasons of topography or other natural conditions. A lot intended for use for single-family residential purposes must contain a buildable portion with a dwelling site and septic system site of not less than 10,000 square feet [5,000 square feet when served by public sewers]. The buildable portion shall:
Have a minimum dimension of 40 feet.
Be positioned so as to allow the siting of a principal residence meeting all Town Code requirements.
Have an average slope of 15% or less.
Have suitable soil characteristics, so as to permit construction of an underground septic disposal system (unless serviced by public sewers). Suitable soil characteristics may be demonstrated by either:
Submission of a percolation test, performed by a licensed professional engineer, resulting in a percolation rate of 30 minutes or less; or
Submission of a septic system design plan, prepared by a licensed professional engineer, meeting requirements of the New York State Department of Health and the City of New York, Department of Environmental Protection, Board of Water Supply.
Configuration of lots.
All side lines of lots shall be at approximate right angles to straight street lines and radial to curved street lines, except where variation to this rule will provide a safer layout or improve the orientation of the lots for purposes of solar access.
If remnants of land exist after subdividing, they shall be incorporated in existing or proposed lots, unless designated as common area.
Corner lots shall have a lot width of at least 100 feet on each right-of-way. Either of the two sides of a corner lot may be designated as the front, provided that the rear yard shall always be opposite the frontage so designated. All corner lots shall have a curve, with a minimum radius of 25 feet, joining the intersecting right-of-way lines.
All lots shall front on a public street or on a private street, with a minimum right-of-way width of 50 feet, accessing a public street. At the point of access, all lots shall have an actual physical means of access that is not less than 50 feet in width and is of such a nature that it is capable of enabling motor vehicles, including fire-fighting apparatus, ambulances and other emergency service vehicles, to gain ingress to and egress from the lot.
[Amended 1-23-2008 by L.L. No. 1-2008]
Parcels of land separated by a public road or by a private road depicted on a subdivision plat approved on or after January 1, 2008, shall be considered separate lots. Each such lot shall meet the minimum lot area, lot frontage, lot width and lot dimension requirements of the Town of Neversink Zoning Law.
[Added 2-13-2008 by L.L. No. 3-2008]
Where deemed essential by the Planning Board, the Board may require the dedication or reservation of certain areas within the proposed subdivision of such character and location as may be suitable to the needs created by such development for schools, parks or other community purposes.
Where dedication is required, in no case shall the Board require more than 10% of the gross area of the entire tract, exclusive of lakes or ponds, to be so dedicated. The minimum area acceptable in fulfillment of this provision shall be three acres.
In cases where the Board finds that, due to size, topography or location of the subdivision, the requirement for land dedication would be unreasonable or undesirable [as in instances where the average lot size is five acres or more or for minor subdivisions], the Board may waive the dedication requirement. Where dedication is waived, the Board shall require that a fee be paid (such fee to be determined from a schedule of fees as adopted by the Town Board from time to time by resolution) for each proposed lot in the subdivision, such moneys going into a special fund for the future acquisition and/or improvement of recreational facilities in the Town.
Undesirable development areas can be given special consideration by the Planning Board in excess of the minimum prescribed dedication area.
Common open space areas designated for play lots, parks and other outdoor recreational facilities shall be of a size, shape and other physical characteristics so as to be free of health and safety hazards and suitable for the designated use. Sites so designated and developed shall not be deemed to be accepted by the Town until a resolution to that effect is actually passed.
Public streets. Streets built for dedication to the Town of Neversink shall conform to the specifications contained in the Town Code of the Town of Neversink.
Private streets. Where it is proposed to, and approved by the Planning Board to create a subdivision with private street(s) not intended for dedication to the Town of Neversink, the following requirements shall be met:
Private streets shall be built to the same standards as those required for public streets unless different standards are approved by the Town Board.
Rights-of-way for private streets shall include a grant for easements necessary for the installation of utilities and shall not deny access to such street to any abutting property owner or owner of any lot to which the street is intended to provide access.
Prior to final plat approval, the Town Board shall review and approve a private maintenance agreement relative to all proposed private streets.
The final plat for the subdivision shall include the following statement as to any private streets:
"The street(s) depicted on this plat are private in nature and the Town of Neversink bears no responsibility now or in the future for their maintenance. Responsibility for maintenance is specified in a private maintenance agreement."
The Town Board shall, from time to time by resolution and on advice of the Planning Board, establish fees for each of the following:
Application packet. Fee to be charged for purchase of an application packet from the Planning Board Secretary or his/her designee.
Application fee. Fee to be paid at the time of submission of an application for subdivision approval to the Planning Board Secretary or his/her designee, which fee shall be charged on a per-plat or per-lot basis, or both.
Public hearing fee. Fee to be paid to the Planning Board Secretary or his/her designee prior to the scheduling of a public hearing, which fee shall be charged on a per-hearing or per-notice basis, or both.
In addition, where applicable, a subdivider shall pay to the Town, the Town's actual costs for the following:
Technical review fee. Fee to be paid to the Planning Board to defray costs associated with review of major subdivisions by the Town Engineer, Town Attorney and/or Town Planner. The technical review fee shall be paid at the time of submission of the preliminary plat and shall be charged on a per-lot basis.
Inspection fees. Fees to cover inspections and related costs. Prior to certification of any improvements or related performance guaranties, the subdivider shall pay all inspection and related costs (for professional services and expenses) associated with the performance guaranties. These costs will be assessed as a special fee, apart from the regular fees provided for in any other provisions of this chapter.
Environmental review fee. Prior to submission of a final plat, the subdivider shall pay all costs (for professional services and expenses) associated with the Planning Board's state environmental quality review process. These costs will be assessed as a special fee, apart from the regular fees provided for in any other provisions of this chapter.