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.
A. 
Character of land. Land to be subdivided shall be of such character that it can be used safely for building purposes.
B. 
Conformity to Map and Master Plan. Subdivisions shall conform to the Official Map and Chapter 150, Zoning, of the town and shall be in harmony with the Master Plan.
C. 
Specifications for required improvements. All required improvements shall be constructed or installed to conform to the town specifications.
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.
A. 
Routine inspection.
(1) 
All improvements will be inspected by the Town Engineer to ensure satisfactory completion. In no case shall any paving (including prime and seal coats) work to be done without permission from the Town Engineer. At least five days' notice shall be given to the Town Engineer prior to any such construction, so that a representative of the town may be present at the time work is to be done. The Town Engineer shall be notified after each of the following phases or the work has been completed so that he or his representative may inspect the work:
(a) 
Road subgrade.
(b) 
Curb and gutter forms.
(c) 
Road paving, after each coat in the case of priming and sealing.
(d) 
Sidewalk forms.
(e) 
Sanitary sewers, drainage pipe and other drainage structures before backfilling.
(f) 
All underground utilities prior to backfilling.
(2) 
If the Town Engineer does not carry out inspection of required improvements during construction, the subdivider or the bonding company shall not in any way be relieved of their responsibilities.
B. 
Final inspection. A final inspection of all improvements will be made to determine whether the work is satisfactory and in substantial agreement with the approved final plat drawings and in compliance with the town specifications as of the time the offer of dedication of the roads is made to the Town Board. The general condition of the site shall also be considered. Upon a satisfactory final inspection report, action will be taken to release the performance bond covering such improvements and utilities.
C. 
Fee. An inspection fee as set forth in the Standard Schedule of Fees shall be paid to the town prior to the time that the Chairman of the Planning Board signs the final plat.[1]
[1]
Editor's Note: Said Fee Schedule is on file in the town offices.
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,[1] and the County Health Department regulations, and in providing driveway access to buildings on such lots from approved streets.
[1]
Editor's Note: See Ch. 150, Zoning.
(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[2] for the district in which they are located.
[2]
Editor's Note: See Ch. 150, Zoning.
(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.