The purpose of this article is to ensure that
the highest standards of design are conscientiously met through the
use of qualified technical and aesthetic judgment, compatible with
the Master Plan of the Town of Hamptonburgh. In action upon plats,
the Planning Board shall require, among other conditions, in the public
interest, that the proposed streets shall be of sufficient width and
suitable grade and suitably located to accommodate the prospective
traffic and to provide suitable access to the newly created lots.
The Planning Board shall further require that all lots shown on the
plat shall be suitable for the intended purposes. Required improvements
shall be designed and constructed to conform to the specifications
as established by the town. In considering applications for subdivision
of land, the Planning Board shall be guided by the standards set forth
hereinafter.
If at any time before or during the construction
of the required improvements it is demonstrated to the satisfaction
of the Town Engineer that unforeseen conditions make it necessary
or preferable to modify the location or design of such required improvements,
the Town Engineer may authorize modifications, provided that these
modifications are within the spirit and intent of the Planning Board's
approval and do not constitute a waiver or substantial alteration
of the function of any improvements required by the Board. The Town
Engineer shall issue any authorization under this section , in writing,
and shall transmit a copy of such authorization to the Planning Board
and Town Board at their next regular meeting.
The construction of all required improvements
shall be certified to New York State by a registered professional
engineer and to the Town Board that all required improvements have
been constructed as required and approved by the Board or modified
by the Board.
If the Town Engineer shall find, upon inspection
of the improvements performed before the expiration date of the performance
bond, that any of the required improvements have not been constructed
in accordance with plans and specifications filed by the subdivider,
he shall so report to the Town Board, Building Inspector and Planning
Board. The Town Board then shall notify the subdivider and, if necessary,
the bonding company, and take all necessary steps to preserve the
town's rights under the bond. The Town Board may thereupon declare
the performance bond in default and collect the sum remaining payable
thereunder, and upon receipt of the proceeds thereof, the town shall
install such improvements as are covered by such performance bond
and commensurate with the building development that has taken place
in the subdivision, but not exceeding in cost the amount of such proceeds.
In making such determination regarding streets, highways, parks and
required improvements, the Planning Board shall take into consideration
the prospective character of the development, whether residence, business
or industrial. No plat shall be approved by the Planning Board as
long as the subdivider is in default on a previously approved plat.
[Added 5-28-2008 by L.L. No. 2-2008]
A. Width, location and construction. Streets shall be
of sufficient width, suitably located and adequately constructed to
accommodate the prospective traffic and afford access for emergency
vehicles and 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 suitable system.
B. Arrangement. The arrangement of streets in the subdivision
shall be designed to provide for the continuation of principal streets
of adjoining subdivisions and for suitable continuation of principal
streets into adjoining properties which are not yet subdivided, such
as by use of stub streets, in order to make possible necessary 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 highways 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. 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 alley or
such other treatment as may be necessary for adequate protection of
residential properties and to afford separation of through and local
traffic.
D. 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 suitable location
of future streets for the logical further resubdivision in accordance
with the requirements contained in this chapter.
E. Dead-end street. 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 suitable, the Board may require the reservation of
a thirty-foot-wide easement to allow for pedestrian traffic and utilities
to the next street. Subdivisions containing 20 lots or more shall
have at least two street connections with existing public streets
or streets shown on the Official Map, if such exists, or streets on
an approved subdivision plat for which a bond has been filed.
[Added 5-28-2008 by L.L. No. 2-2008]
A. The length, width and shape of blocks or acreage within
bounding roads shall be determined with due regard to:
(1) Provision of adequate building sites suitable to the
needs of the type of use contemplated.
(2) Zoning requirements as to lot sizes and dimensions.
(3) Need for suitable access, circulation, control and
safety of street traffic.
(4) Limitations and opportunities of topography.
B. Blocks generally shall not be less than 400 feet nor
exceed 12 times the required minimum lot widths. In general, no 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 thirty-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 footpath 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.
[Added 5-28-2008 by L.L. No. 2-2008]
A. General requirements.
(1) 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. Cross (four-cornered)
street intersections shall be avoided insofar as possible, except
as shown on the Master Plan or at other important traffic intersections.
A distance of at least 150 feet shall be maintained between center
lines of offset intersection streets. Grades shall be limited to no
more than 1.5% within 60 feet of an intersection.
(2) 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.
(3) 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.
(4) 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. Utilities in streets. The Planning Board may require
the underground installation of all utility systems.
(1) Wherever possible, underground utilities are to 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.
(2) 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 30 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 installations 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 Town departments concerned.
(3) 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 herein
specified and satisfactory to the Board.
C. Dead-end street; cul-de-sac. Permanent dead-end or
cul-de-sac streets shall not in general exceed 10 times the required
minimum lot width and shall be equipped with a turnaround roadway
with a minimum diameter of right-of-way of 150 feet with a minimum
outside diameter of traveled way of 130 feet unless the Planning Board
approves an equally safe and convenient form of turning space. The
Board may approve a longer permanent dead-end street where topographic
conditions and land ownership patterns so require. Temporary dead-end
streets shall not in general exceed 15 times the required minimum
lot width and 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.
D. Watercourses. Where a watercourse separated a proposed
street from abutting property, provision shall be made for access
to all lots by means of culverts or other structures of a design approved
by the Town Engineer.
E. Undersized existing streets. Where a subdivision borders or includes existing roads that do not conform to street right-of-way widths, 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. If the subdivision is along one side only, a minimum of 1/2 of the required width shall be dedicated. Land reserved for such purposes may not be counted in satisfying yard or area requirements of Chapter
150, Zoning; said reservations may be required to be dedicated to the Town.
F. Excavation, filling and rough grading.
(1) The developer shall complete the shaping of the right-of-way,
streams and ditches and easement areas to the line and grade as shown
on the approved plan and as otherwise may be directed by the Town.
All unsuitable or unstable materials shall be completely excavated
and removed from the right-of-way, and all rocks or boulders larger
than six inches in diameter shall be excavated at least eight inches
below the finished subgrade of road pavement, drainage or drainage
structures, curbs and sidewalks.
(2) Where fills are necessary to complete the required
line and grade or to backfill trenches or other excavation, the materials
incorporated in the work shall be acceptable to the Town and shall
be placed in layers not exceeding eight inches in depth, each layer
to be thoroughly compacted to 98% modified proctor by rolling with
a three-wheel, sheepsfoot, pneumatic tire or padded wheel roller or
by impact rammer or vibrator equipment in areas inaccessible to power
rollers. A compaction shall continue until the fills are firm and
unyielding.
(3) The rough grade of the road pavement, curb and sidewalk
areas shall be completed to within one inch above or below the finished
subgrade as shown on the approved cross section of the right-of-way
improvement.
(4) Earth shoulders and flow line of ditches and gutters
shall be maintained in satisfactory condition at the developer's expense
at all times during the course of construction of the subdivision
and until such time as the Town Board has accepted dedication of the
right-of-way.
(5) The areas between the curbline and the right-of-way
line must be graded, topsoiled and seeded in order to prevent erosion.
A minimum of four inches of topsoil shall be used and seed shall be
perennial rye grass.
G. Lots.
(1) Lot arrangement. The lot arrangement shall be such
that there will be no foreseeable difficulty, for reasons of topography
or other conditions, in securing building permits to build all lots
in compliance with the Zoning Chapter, and the County Health Department regulations, and in providing
driveway access to buildings on such lots from approved streets.
(2) Lot dimensions.
(a)
Except as provided elsewhere in this chapter,
or otherwise permitted by the Town Board, lot area and dimensions
shall comply with at least the minimum standards of the Zoning Chapter for the district in which they are located.
(b)
Side lot lines shall generally be at right angles
to streets (or radial to curving streets) unless the Planning Board
allows a variation from this rule to give a better street or lot arrangement.
(3) Lot grading. Lots shall be graded to ensure positive
drainage away from houses, and to minimize disturbance. The first
floor elevation and lowest sewerable elevation shall be provided for
each house.
H. Lots developed on existing Town roads. The following
conditions must be fulfilled to develop lots along existing Town roads:
(1) The area between the center line of existing roadway
and new right-of-way must be cleared, grubbed and graded as described
elsewhere in these specifications.
(2) Existing Town roadways may require pavement widening
and installation of curbing to satisfy requirements of applicable
road cross sections.
[Added 5-28-2008 by L.L. No. 2-2008]
A. The approval by the Planning Board of a subdivision
plat shall not be deemed to constitute or be evidence of any acceptance
for dedication by the Town of any street, utility, easement, part
or other open space shown on such subdivision plat.
B. Every street shown on a plat that is filed or recorded
in the office of the County Clerk as provided in this chapter shall
be deemed to be a private street until such time as it has been formally
offered for cession to the public and formally accepted as a public
street by resolution of the Town Board or, alternatively, until it
has been condemned by the Town for use as a public street.
C. After such plat is approved and filed, subject, however,
to review by court as hereinafter provided, the streets shown on such
plat shall be and become a part of the Plan for the Town. The owner
of the land or his agent who filed the plat shall add as part of the
plat a notation to the effect that an offer of dedication of such
street, highways and other public improvements are made to the public.
D. Street improvement prerequisite to building permit.
No permit for the erection of any building shall be issued unless
a street or highway giving access to such proposed structure has been
duly placed on the Official Map or Plan or, if there be no Official
Map or Plan, unless such street or highway is one of the following:
(1) An existing state, county or Town highway.
(2) A street shown upon a plat approved by the Planning
Board as provided under the provisions of this article as in effect
at the time such plat was approved.
(3) A street on a plat duly filed and recorded in the
office of the County Clerk approved by the Town Board as an open area
development.
E. Dedication and acceptance of public improvements.
The conditions to be satisfied before the Town Board considers the
acceptance of a new highway are as follows:
(1) A set of as-built plans of the highway showing right-of-way
lines, drainage and utility easements and a road center line profile
must be submitted to the Town Clerk. These plans must bear the stamps
of both a licensed land surveyor and, if they are a portion of a subdivision
or site plan, they must also bear the stamp of approval of the Planning
Board.
(2) Metes and bounds descriptions of all rights-of-way
and easements prepared by a licensed land surveyor must be submitted
to the Town Clerk.
(3) The plans and specifications must be reviewed by the
Town Engineer, who shall indicate his approval by letter to the Town
Board.
(4) The submitted deeds must be checked by the Town Attorney
as to form and sufficiency. A title search must be made of the land
offered to assure the validity of the title and the cost of the work.
F. The work completed on the highways at the date of
submittal must be approved by the Town Engineer, and the Town Board
shall be notified of this approval.
G. Approved permanent concrete or other acceptable monuments
shall be set according to the street specifications or as directed
by the Town Engineer, and their location shall be shown on the road
plan.
[Added 5-28-2008 by L.L. No. 2-2008]
A. The developer shall design and construct all driveways
within the limits of the right-of-way with sufficient sight distance
and with a grade of no more than one inch per foot from the curb to
the right-of-way line. The minimum width of the driveway pavement
at the curb or street pavement line shall be 15 feet, tapering to
a minimum of 10 feet at the right-of-way line.
B. All driveways that have received a waiver from the
Planning Board to allow any portion of said driveway to have a slope
over 10%, which in any case may not exceed 12%, shall be paved for
the entire length of the driveway.
C. All driveways that exceed 250 feet in length must
provide a turnaround area sufficient for emergency vehicles as well
as provide at least one area of the driveway that is wide enough for
two emergency vehicles to simultaneously pass one another.
[Added 5-28-2008 by L.L. No. 2-2008]
A. Type of name. All street names shown on a preliminary
plat or subdivision plat shall be approved by the Town Board. A list
of proposed names of historical and geographic significance in the
Town has been established as the exclusive source for the naming of
streets, roads and other public or private thoroughfares in the Town
and is available at the Town Clerk's office.
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 which 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 final subdivision plat shall have all roads labeled
with road names that have been approved by the Town Board prior to
submission for final approval.