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.
A.
Hazardous areas.
(1)
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.
(2)
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.
(3)
The burden of proving a particular parcel is suitable
for subdivision or building purposes shall be upon the subdivider.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
Lots to be buildable.
(1)
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:
(a)
Have a minimum dimension of 40 feet.
(b)
Be positioned so as to allow the siting of a
principal residence meeting all Town Code requirements.
(c)
Have an average slope of 15% or less.
(d)
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:
[1]
Submission of a percolation test, performed
by a licensed professional engineer, resulting in a percolation rate
of 30 minutes or less; or
[2]
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.
B.
Configuration of lots.
(1)
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.
(2)
If remnants of land exist after subdividing, they
shall be incorporated in existing or proposed lots, unless designated
as common area.
(3)
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.
(4)
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]
(5)
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.[1]
[Added 2-13-2008 by L.L. No. 3-2008]
A.
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.
B.
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.
C.
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.
D.
Undesirable development areas can be given special
consideration by the Planning Board in excess of the minimum prescribed
dedication area.
E.
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.
A.
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.
B.
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:
(1)
Private streets shall be built to the same standards
as those required for public streets unless different standards are
approved by the Town Board.
(2)
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.
(3)
Prior to final plat approval, the Town Board shall
review and approve a private maintenance agreement relative to all
proposed private streets.
(4)
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."
|
A.
The Town Board shall, from time to time by resolution
and on advice of the Planning Board, establish fees for each of the
following:
(1)
Application packet. Fee to be charged for purchase
of an application packet from the Planning Board Secretary or his/her
designee.
(2)
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.
(3)
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.
B.
In addition, where applicable, a subdivider shall
pay to the Town, the Town's actual costs for the following:
(1)
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.
(2)
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.
(3)
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.
