Subdivision plats, including related streets,
drainage, parks and other improvements and the provision for water
supply, sewage disposal and easements, shall be planned, designed
and constructed in accordance with the standards hereinafter specified,
including the following:
A.
Plans. Construction plans shall be prepared in accordance
with good professional design practice. Such plans shall be approved,
in writing, by the Planning Board and, at the discretion of the Board,
may be required to be approved, in writing, by the North Salem Superintendent
of Highways or his engineer or representative designated by the Town
Board, or the Town Consulting Engineer.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
B.
Construction. The construction of improvements shall
be carried out in a workmanlike manner, in accordance with the time
limits approved by the Planning Board and in accordance with the accepted
construction program. All construction shall be subject to inspection
and notification as follows:
(1)
The Planning Board, the Town Superintendent of Highways
or his engineer or representative designated by the Town Board, or
the Town Consulting Engineer shall have free access to the construction
work at all times and shall be deemed authorized to take material
samples, cores and other tests as deemed necessary to determine compliance
with the standards of the regulations.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(2)
The Planning Board, Town Superintendent of Highways
or the Town Consulting Engineer may require the applicant, at his
expense, to have such tests made and certified by the land surveyor
or professional engineer, or both, as required by law.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(3)
Other Town agencies and state and County agencies
having regulatory jurisdiction over portions of the plat, shall also
have free access to the construction work at all times.
(4)
The applicant or his contractor or agent shall give
timely notice to the Town Superintendent of Highways and the Town
Consulting Engineer at commencement and completion of each phase of
the work in accordance with procedures as may hereafter be adopted
by the Town Board or Planning Board.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(5)
The following items shall be subject to inspection,
during construction, by the Town Superintendent of Highways or Town
Consulting Engineer:
[Added 5-14-1991; amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(a)
Soil erosion control structures.
(b)
Clearing limit line for conformance to the plat.
(c)
Clearing of the roadway.
(d)
The location of topsoil stockpiles unless shown
on construction plans.
(e)
Rough grading and soil erosion maintenance.
(f)
Drainage structures and pipes. Pipes shall not
be backfilled prior to inspection.
(g)
Road subgrade for stability and as-built drawing,
showing conformance to line and grade.
(h)
Road surfacing.
(i)
Shoulder stabilization and/or topsoil and seeding.
(j)
Monuments with as-built drawings and final inspections.
(k)
Curbs.
(l)
Other improvements approved or required by the
Planning Board.
|
NOTE:
| |
|---|---|
|
At each phase of inspection and construction,
the soil erosion control structures must be in place and cleaned as
needed. No work should proceed on next phase until satisfactory completion
of previous items.
| |
In connection with the submission and approval
of construction plans and grading plans, the applicant shall submit
to the Planning Board a construction program and schedule, specifying
the timing and sequence of construction steps, including provisions
for:
A.
The control of soil erosion and sedimentation;
B.
The completion and operative condition of various
phases of streets and drainage facilities;
C.
The installation of underground utilities and connections
to lots; and
D.
The method and location for disposal of trees, stumps,
excess earth materials and construction debris.
The Planning Board may approve alternate design
and construction standards when:
A.
Such standards are prepared by a professional engineer
licensed by the State of New York;
B.
The Planning Board determines that such standards
will be in accord with the purpose and intent of these regulations;
and
C.
If constituting a modification of standards specified
in other ordinances, local laws or regulations, such alternate standards
are approved by the agency responsible for administration of such
ordinances, laws or regulations.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
Subdivision plats shall be planned and designed
in general conformity with any Town Comprehensive Plan adopted by
the Town Board under § 272-a of the Town Law for the Town
or the neighborhood encompassing the plat, particularly with regard
to but not limited to the following:
A.
The location and classification of streets.
B.
Water service, sanitary sewer and drainage systems
and service areas.
C.
Provision of a park or parks for playground or other
recreational purposes.
D.
Existing housing resources and future housing needs,
including affordable housing.
E.
Consideration of agricultural uses, educational facilities,
historic and cultural resources, natural resources and sensitive environmental
areas.
[Added 3-22-2005 by L.L. No. 1-2005]
The Town of North Salem has adopted the Westchester
County Greenway Compact Plan, as amended from time to time, as a statement
of policies, principles, and guides to supplement other established
land use policies in the Town.[1] In its discretionary actions under the subdivision regulations,
the Planning Board should take into consideration said statement of
policies, principles and guides, and the Greenway Criteria, as appropriate.
The Greenway Criteria promote natural and cultural resource protection,
regional planning, compatible economic development (agriculture, tourism
and revitalization of community centers), public access to natural
and cultural resources and heritage and environmental education.
Subdivision plats shall be planned and designed
to conform to any Official Map adopted by the Town Board under the
provisions of §§ 270 and 273 of the Town Law, particularly
with regard to the location, classification, standards and layout
of streets, highways, drainage systems and parks.
The planning and design of the plat, including
related streets, drainage, parks and other improvements, shall provide
for preservation of significant natural features of the tract as follows,
provided that the Planning Board may approve plans which modify such
natural features after consideration of the alternatives to such modification
and the community benefits which may be achieved and when any required
permission for modification has been obtained by the applicant from
any regulatory agency having jurisdiction:
A.
By avoiding cuts or fills which result in potential
soil erosion and excessive tree removal or which disturb water resources.
B.
By avoiding construction which results in relocation
of or encroachment upon watercourses and water bodies.
C.
By avoiding filling or excavation of or encroachment
upon wetlands, floodplains and other land subject to potential flooding.
D.
By avoiding removal of large isolated trees and mature
woods and other desirable vegetation and removal of stone walls.
E.
By providing for preservation of wetlands, watercourses
and water bodies and for the protection thereof by easement, reservation
area or other controls to prevent excavation, filling or encroachment.
F.
By avoiding rock excavation by blasting which may
cause unintended damage or injury to property or persons in the vicinity.
[Added 2-9-1999 by L.L. No. 1-1999]
Proposed building lots shall be of such shape,
size, location, topography, access and character as to be occupied
and used for building purposes without danger to the health and safety
of the occupants, the neighborhood or the public. Any proposed lot
which is found unsuitable for occupancy or building, such as by reason
of water or flooding conditions, topography, ledge rock, unsuitable
soils or other conditions, shall be combined with another contiguous
lot that is suitable or shall be marked to indicate that it is not
an approved lot on the final plat map until necessary improvements
to the lot have been made and approved by the Planning Board and a
revised final plat map has been submitted to and approved by the Board.
Proposed building lots shall also conform to the following additional
standards:
A.
Use. Proposed building lots shall have a shape, size
and access suitable for the intended use, whether for dwelling or
other purposes, in accordance with the zoning district where located.
B.
Terrain. Proposed building lots shall be planned to
make the best use of the natural terrain, to preserve large trees,
woods, wetlands, watercourses and water resources and to avoid the
need for extensive regrading to build on the lot, particularly any
regrading which would adversely affect the ability of the lot to accommodate
on-site sewage disposal and/or water supply facilities or result in
potential soil erosion. In the event of doubt as to the usability
of any lot, the Planning Board may require additional information
from the applicant, such as a detailed site plan of the lot showing
a building site, driveway, sewage disposal system, well location and
proposed contours, in order to evaluate how the lot can be used.
C.
Access.
[Added 2-9-1999 by L.L. No. 2-1999]
(1)
Except as hereinafter provided, each lot shall have
access on:
(2)
The following access requirements are also applicable:
(a)
Access to a lot shall not be provided from a
state highway or County road, and restriction against such access
shall be noted on the final plat map, except that the Planning Board
may determine that there is no reasonable alternative and may authorize
access subject to requirements that special provision be made, such
as paired driveways, one-way driveways or frontage driveways, to protect
traffic on such highway or road.
(b)
Each lot shall be capable of accommodating vehicular
access from such street or private street, right-of-way or easement
to a parking space or spaces on the lot by means of a driveway having
a safe alignment and sight distances, having a grade no greater than
14% and meeting the street or private right-of-way or easement in
a manner that maintains the standard cross section therefor in accordance
with its classification.
D.
Zoning. Each lot shall conform to the Zoning Ordinance
of the Town of North Salem, New York,[1] provided that any lot may be required by these regulations
to be larger than the minimum standards in order to accommodate on-site
water supply and/or sewage disposal systems or to comply with other
requirements of this section.
E.
Lot numbers. All lots shall be numbered consecutively
beginning with the numeral one. Sections of a plat under the same
name shall have consecutive lot numbers.
F.
Lot lines. Insofar as practicable, the side lot lines
of all lots shall be at right angles or radial to the street on which
the lot has frontage. It shall be within the discretion of the Planning
Board to disapprove any lot crossed by a municipal or taxation district
boundary line, and, in the event of such disapproval, such boundary
line shall be made to constitute one of the lot lines. Also where
practicable, lot lines shall be made to coincide with existing stone
walls on the tract.
G.
Water supply and sewage disposal. Each lot shall be
provided with water supply and sewage disposal systems, whether on-site
or central systems, meeting the rules and regulations of and approved
by the Westchester County Department of Health and/or the New York
City Department of Environmental Protection, as required. Any proposed
lot shown on a preliminary plat and deemed by the Planning Board to
be unsuitable for on-site water supply and/or sewage disposal systems
may be disapproved by the Board at the time of preliminary consideration,
but such lot may be resubmitted for approval on the plat map if approved
for on-site systems by the Westchester County Department of Health
and/or the New York City Department of Environmental Protection. The
following requirements are applicable:
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(1)
The Planning Board may require the provision of central
water supply and/or sewage disposal systems for the plat, either as
an entirely new system or as an extension of an existing nearby system,
when deemed appropriate by the Board as part of a program for provision
of water supply and/or sewer service within the Town or neighborhood
and when approved by the Westchester County Department of Health.
(2)
Any central water supply or sewage disposal system
that is installed by the applicant and is within or an addendum to
an existing water or sewer district shall be offered to the Town of
North Salem at no cost. The applicant may offer the system to the
Town at no cost for incorporation in a new district. Otherwise, the
system shall be owned and operated by a public service company or
by a corporation formed under the Transportation Corporations Law
under guaranties of operation and maintenance set forth by written
agreement of the corporation and the Town Board.
(3)
Plans for any central water supply and/or sewage disposal
system to be offered to the Town of North Salem, including any system
extension within or as an addendum to an existing water or sewer district,
shall also be subject to the approval of the Town Board.
Streets shall be planned and designed in a manner
capable of acceptance for public use and maintenance by the Town of
North Salem and in accordance with the following standards:
A.
Classification.
(1)
Each street in the plat shall have one of the following
classifications in accordance with the function of the street as approved
by the Planning Board:
(a)
Thoroughfare. A street of considerable existing
or potential continuity on which traffic past abutting lots will be
dominant, and serving as an artery for intercommunication among large
areas of the Town or serving as a feeder to a neighborhood.
(b)
Commercial street. A street providing access
to lots in business and industrial areas.
(c)
Local street. A street primarily providing access
to abutting lots in residential areas.
(d)
Private street. A street primarily providing access to abutting lots in residential areas, which complies with the general design standards set forth in this section, but which has a reduced right-of-way and roadway width requirements as specified in § 200-23C and I. In all other respects, private streets shall meet the standards specified for local streets.
[Added 10-12-1993; amended 12-30-1996 by L.L. No. 10-1996]
(2)
Each existing street abutting the plat shall be deemed
to have the classification assigned to it upon any Official Map adopted
by the Town Board, provided that, in the absence of such Official
Map classification, the classification shall be determined by the
Planning Board as one of the above or as a rural street, which is
a local street lacking a paved surface.
B.
Street planning. Proposed streets and rights-of-way
shall be planned in accordance with the following criteria:
(1)
Streets shall provide safe and convenient circulation
for both present and prospective traffic within the plat and within
the neighborhood where the plat is located.
(2)
Streets should in general follow the contour of the
land and should have a location and grade which accomplishes an attractive
layout and development of the land and which preserves natural terrain,
with due consideration for enhancement of property values in and adjacent
to the plat.
(3)
Local streets should be planned to discourage through
traffic. Permanent dead-end local streets may be provided when:
(a)
There is an alternate system for safe and convenient
pedestrian and vehicular circulation within the neighborhood;
(b)
State highways, County roads and other thoroughfares
will not be unduly encumbered with local circulation traffic; and
(c)
There is assurance of suitable access for emergency
vehicles.
(4)
Proposed streets which may be projected into adjoining
property shall be carried to the boundary line of the plat. No reserve
strips to block extension of or access to a proposed street shall
be provided unless specifically approved by the Planning Board as
necessary for safety on the street.
(5)
Thoroughfares shall be provided as indicated on any
Town Comprehensive Plan or Official Map and otherwise as necessary
as a feeder to a network of local streets in residential neighborhoods.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(6)
Commercial streets shall have a design suitable for
the type of automobile and truck traffic, including turning movements,
anticipated in the plat.
(7)
Unless otherwise approved by the Planning Board, proposed
streets shall provide for continuation of existing streets terminating
at the boundary of the plat.
(8)
Each street shall connect to an existing state highway,
County road or Town street or a street shown upon a plat approved
by the Planning Board and over which the applicant has rights of access,
provided that no new street shall connect to a private street unless
the Planning Board, after consultation with the Town Board and Town
Superintendent of Highways, finds that the private street has sufficient
right-of-way and travelway and drainage improvements to accommodate
the additional traffic to be generated by the new street.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
C.
Right-of-way. Streets shall have the following minimum
width of right-of-way according to their classification, or a greater
width and as approved by the Planning Board as necessary for anticipated
traffic capacity, type of traffic, turning movements and construction
requirements:
D.
Street lines. Street lines on each side of a proposed
street shall be parallel or shall be concentric arcs, except at intersections
or turnarounds designed in accordance with these regulations. No street
right-of-way shall be widened beyond the width specified in these
regulations, such as for the purpose of securing additional street
frontage for proposed lots, except as is necessary for the proper
operation or construction of the street.
E.
Existing streets. Proposed plats abutting an existing Town street or County road having a width of right-of-way less than specified for its classification under Subsections A and C shall provide for the proper widening of the right-of-way of such existing street or road in accordance with its classification, where required by the Planning Board. Where required by the Planning Board, such widening shall take into account the location of the existing travelway, proper continuity for the right-of-way line in accordance with the alignment standards of these regulations, conditions on the field, such as topography, walls and the location of buildings, and the potential for similar widening when land on the other side of the road is platted. The manner of such widening, where required by the Planning Board, may consist of a reservation for widening shown on a plat map, accompanied by an offer of cession, or a survey finding as to the precise location of the right-of-way.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
F.
Alignment. Connecting curves between tangents shall
be provided for all deflection angles in excess of five degrees. Suitable
tangents, not less than 100 feet, shall be provided between reverse
curves, and the minimum radius of curvature at the center line of
streets shall be as follows:
G.
Vertical curves. Appropriate vertical curves shall
be established on all streets and at street intersections to ensure
adequate sight distance in accordance with the classification of the
street. For vertical summit curves there shall be a clear line of
sight from a point 3.75 feet above the pavement to a point six inches
above the pavement. On thoroughfares and commercial streets such line
of sight shall be not less than 300 feet, and on local streets not
less than 200 feet. For vertical sag curves, the length of vertical
curve shall be not less than 100 feet for an algebraic difference
of percent of grade of up to 7%, but for greater differences, the
length of vertical curve shall be the product of the algebraic difference
times 15. Where a street approaches an intersection, a transition
area, having a maximum grade of 2%, shall be provided for a minimum
of 50 feet measured from the right-of-way line of the street intersected.
H.
Grade. The minimum grade for any street shall be 1.0%,
except that a minimum grade of from 0.5% to 1.0% may be established
for 100 feet or less and as tangents of vertical curves. The maximum
grade for any street shall not exceed the following according to its
classification:
I.
Width of pavement. Streets shall be designed with
the following minimum width of pavement centered between the right-of-way
lines or a greater width as approved by the Planning Board as necessary
for anticipated traffic capacity, type of traffic, turning movements
and curb parking:
J.
Dead-end streets. Unless otherwise approved by the
Planning Board, streets permanently closed at one end by building
lots and which will not be extended in the future shall provide sole
access to not more than 10 lots and shall not exceed a length of 1,000
feet. Temporary dead-end streets, which have a layout capable of extension
into adjoining property yet to be platted and in a manner conforming
to the standards for streets and lots under these regulations, may
exceed such length but only to the extent that there is safe and convenient
interim vehicular circulation, including access for emergency vehicles,
as approved by the Planning Board.
K.
Turnarounds. A turnaround with a minimum diameter
of 100 feet for the right-of-way shall be provided at the closed end
of a dead-end street providing sole access to one or more lots. The
right-of-way for a turnaround on a temporary dead-end street which
may at some future date be extended into adjoining property shall
be provided in the form of a temporary easement accompanied by a note
on the final plat map providing for automatic termination of the easement
upon extension of the street.
L.
Intersections. The following standards shall apply
to street intersections:
(1)
No more than two streets shall intersect at one point.
Intersections on local streets shall be spaced not less than 150 feet
apart, and on thoroughfares and commercial streets not less than 400
feet apart, except when, in the opinion of the Planning Board, conditions
justify a variation from this requirement.
(2)
Streets shall intersect one another at as near to
a right angle as is practical. No intersection shall be at an angle
of less than 75° measured for a distance of 100 feet from the
right-of-way of the street intersected.
(3)
At street intersections, property line corners shall
be rounded by an arc having a minimum radius of 25 feet.
M.
Street names. Streets shall bear names which are appropriate
to the character of the Town and which do not duplicate or too closely
approximate in spelling or sound existing street names in the Town
of North Salem or any adjoining Town. All street names shall be subject
to the approval of the Planning Board.
N.
Street signs. Street name signs shall be installed
at all street intersections in locations approved by the Town Superintendent
of Highways. Such signs shall be of a design and material approved
by the Town Board.
All streets shall be designed and constructed
in accordance with the Minimum Specifications for Road Improvements
adopted by the Town Board.[1]
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
A.
Monuments shall be set on all right-of-way lines of
streets at all street intersections, angle points, points of curve
and subdivision corners. There shall be clear foresight and backsight
to adjacent monuments on the right-of-way line or lines on which a
monument is set.
C.
Monuments shall not be set before all street construction
is completed or while frost is on the ground. They shall be set so
that the top is flush with the finished grade. They shall be set and
tamped as to prevent settlement and shifting.
D.
All property corners shall be marked with three-fourths-inch-diameter
by eighteen-inch-long iron pipes installed by a licensed New York
State surveyor, and a certified survey showing these property corners
shall be furnished to the Building Inspector prior to the issuance
of a certificate of occupancy.
Storm drainage shall be planned and designed
in accordance with the following standards and criteria:
A.
General. The storm drainage system shall provide for
drainage from the entire area of the plat and shall take into account
land outside the plat which normally drains across the area of the
plat as well as the effects of the plat upon downstream drainage systems.
The drainage system for the plat shall make use of and protect and
improve, if needed, the natural drainage system. The drainage system
shall comply with the permitting requirements, standards and specifications
of the Town’s regulations for stormwater management and erosion
and sediment control[1] and shall provide for the following:
[Amended 3-27-2007 by L.L. No. 3-2007; 12-26-2007 by L.L. No.
8-2007]
(1)
Adequate drainage of proposed streets, including future
extensions thereof into adjoining property, and adequate drainage
from existing streets that are extended into the plat.
(2)
Interception or management of existing channeled drainage
coming from any adjoining property or street.
(3)
Protection of locations necessary for on-site sewage
disposal and water supply facilities.
(4)
Prevention of flooding and soil erosion and protection
of wetlands, watercourses and water bodies.
(5)
On-site stormwater detention as needed to maintain
existing site peak flow runoff and provide for continuity of flow
in watercourses.
B.
Design storm. Drainage shall be designed under the
United States Soil Conservation Service formula or other method that
conforms to sound engineering practice; provided, however, that the
Rational Formula, whereby Q = CIA, may not be used to compute flows
from drainage areas of more than 200 acres or from one-hundred-year
storms. Street drainage systems shall be designed on the basis of
a ten-year storm. Cross culverts and passages under bridges, and channel
and encroachment lines, shall be designed on the basis of both of
the following:
(1)
A twenty-five-year storm without causing the depth
of the headwater pool to exceed 1.2 times the height of the culvert
barrel or flooding of the street pavement or nearby buildings, sewage
disposal systems or water supply systems.
(2)
A one-hundred-year storm without causing flood damage
to the culvert, bridge or pavement or nearby buildings, sewage disposal
systems or water supply systems and so that bridges have a minimum
underclearance (the water surface to the closest bottom projection
of the bridge) of one foot at the design flow.
C.
Pipe design. The minimum size of stormwater pipe shall
be 15 inches in diameter. Coefficients used in design for pipe shall
be in accordance with the most recent, accepted engineering data available
for the piping proposed. The minimum slopes of pipes shall be 0.5%.
Pipe size and slope shall be such that the head on the culvert will
not exceed 1.5 diameters at design storm, and there is at least one
foot underclearance from the bottom of the catch basin inlet grate.
Pipes, except for underdrains, shall be laid on straight alignments,
both horizontally and vertically, with manholes spaced not more than
400 feet apart, providing access at all deflection points or at the
junction of two or more lines. The open end of any pipe shall be provided
with a headwall and/or an end section. The minimum cover over the
top of the pipe shall be 24 inches. Culverts under streets shall extend
to the edge of the right-of-way.
[Amended 3-27-2007 by L.L. No. 3-2007; 12-26-2007 by L.L. No.
8-2007]
D.
Spacing of catch basins. Catch basins shall be connected
to a stormwater pipe and shall be provided in order that surface water
will not cross any intersection nor travel on any street more than
400 feet on streets with grades up to and including 5% and not more
than 300 feet on streets with grades over 5%.
E.
Discharge.
(1)
The discharge of all stormwater that has been collected
or otherwise artificially channeled shall be into suitable natural
streams or into Town, County or state drainage systems with adequate
capacity to carry the discharge. There shall be no discharge onto
or over private property within or adjoining the plat unless:
(2)
No stormwater shall be diverted from one watershed
to another. Discharge shall be made in a manner that protects wetlands,
watercourses and water bodies from pollution, erosion and siltation.
F.
Encroachment lines. Each watercourse that functions
as part of the drainage system, and any related wetland or floodplain,
shall be provided with channel, building or other encroachment lines
to prevent encroachment, constriction or diversion by building, filling
or excavation. The encroachment lines shall be shown on the final
plat map accompanied by a note specifying the restrictions in a manner
approved by the Planning Board.
[Amended 3-27-2007 by L.L. No. 3-2007; 12-26-2007 by L.L. No.
8-2007]
Storm drainage shall be constructed in accordance
with the minimum specifications for road improvements adopted by the
Town Board.[1] The drainage system shall comply with the permitting requirements,
standards and specifications of the Town’s regulations for stormwater
management and erosion and sediment control.[2]
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996; 3-27-2007 by L.L. No.
3-2007; 12-26-2007 by L.L. No. 8-2007]
Provision shall be made for control of erosion
and sedimentation, both during and after construction of streets,
drainage, parks and other improvements. The New York State Stormwater
Management Design Manual (New York State Department of Environmental
Conservation) is an acceptable basis for design and construction.
Easements for access to and use of land, or
other necessary restriction of use of land, outside of a street right-of-way
shall be provided as required or approved by the Planning Board and
shall be shown on the final plat map with adequate survey information
so that the land subject to easement may be accurately located by
a field survey. Easements are required in the following types of cases
as applicable to the particular plat:
A.
For access to bridges and culverts with construction
and maintenance equipment.
B.
For stormwater pipes and water mains and sanitary
sewers and appurtenances, if any, which easements shall be not less
than 20 feet in width.
C.
For use and access to stormwater detention basins.
D.
For identification of points or areas of storm drainage
spillage rights from streets when storm drainage conduits are not
to be installed.
F.
Temporary construction easements for grading and other
construction work in the front 25 feet of each lot along a proposed
street.
G.
Sight easements across corners of lots at all street
intersections to assure safe line of sight on the street and to authorize
the owner of the abutting street to remove obstructions or regrade
within the easement area.
H.
Easements at least 10 feet in width for pedestrianways
to parks, playgrounds, schools and other public or semipublic places
where the street system does not conform to a convenient pattern of
pedestrian circulation.
I.
For horse-riding trails or bicycle paths as part of
a plan and program for a neighborhood.
J.
For protection of environmentally sensitive features,
including but not limited to freshwater wetlands, areas where slopes
exceed 25%, floodplains, sensitive soils and unique geological features,
by conservation easements, as necessary, where such features are located
on lands proposed for subdivision.
[Added 10-12-1993; amended 12-30-1996 by L.L. No. 10-1996]
When recommended by the Board of Fire Commissioners,
the Planning Board may require that suitable existing ponds within
the plat be designated as available for fire protection purposes and
be provided with suitable permanent access by means of a driveway
and/or hydrant for use in connection with Town fire-protection services.
Where there is no existing pond, the Planning Board may, where feasible,
require the creation of such a pond on a watercourse within the plat
if recommended by the Board of Fire Commissioners and approved by
any agency having regulatory jurisdiction over the watercourse. As
recommended by the Board of Fire Commissioners, the Planning Board
may require the provision of suitably improved fire access rights-of-way,
such as between nearby dead-end streets, so as to assure alternate
access for emergency services.
When required by the Planning Board, sidewalks
shall be installed along either or both sides of any street, and in
pedestrian easements, where necessary to provide safe pedestrian passage,
particularly in the vicinity of schools, parks, playgrounds and other
public facilities, at school bus loading sites and along thoroughfares
and commercial streets. Sidewalks shall be designed and constructed
in accordance with the Minimum Specifications for Road Improvements
adopted by the Town Board.[1]
Except as hereinafter provided, each plat intended
for residential purposes shall show, in proper cases and when required
by the Planning Board, a park or parks suitably located for playground
or other recreational purposes. The following standards are applicable
to the provision of a park or parks:
A.
Suitability. The park or parks shall consist of a
parcel or parcels of land within the plat having a size, location,
shape, topography and general character as to be suitable to satisfy
the needs determined by the Planning Board. Proper vehicular and pedestrian
access shall be provided to each park for both use and maintenance
purposes. Parks shall be provided in accordance with any Town Comprehensive
Plan adopted by the Town Board.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
B.
Area. The park or parks shall equal not less than
10% of the area of the plat unless a lesser area is approved by the
Planning Board as suitable for the park purpose intended. In general,
five acres is the minimum area for a park intended for active playground
use, but a lesser area as well as parks of unusual shape and topography
may be approved if supporting preservation of the natural features
of the tract and providing a park for passive recreation purposes.
C.
Improvements. As deemed necessary by the Planning
Board, parks shall be suitably graded, seeded, fenced and improved
with facilities to make the park usable for the purpose intended.
Park areas on the plat shall not be used for storage of equipment
and materials or deposit of debris and shall not be excavated, filled
or graded, nor shall trees be removed therefrom, except in accordance
with approved construction plans for the park.
D.
Ownership. The applicant shall offer a plan of ownership,
use, operation and maintenance of each park shown upon the plat, and
the plan shall be subject to the approval of the Planning Board. In
general, the provision for ownership shall assure long-term reservation
and maintenance of the park and may provide ownership of the following
types:
(1)
By the Town of North Salem, if accepted by the Town;
(2)
By establishment of a park district that encompasses
no less than the plat;
(3)
By an incorporated association of the owners of lots
in the plat;
(4)
By a not-for-profit trust or corporation having as
its principal purpose the ownership, operation and maintenance of
parks and similar open areas; or
(5)
By encumbrance, such as encroachment restrictions,
conservation easement or other permanent restriction upon private
land.
E.
Alternate site. The applicant may offer and the Planning
Board may approve the provision of a park or parks on land apart from
the plat to meet the park requirements of these regulations.
F.
Payment in lieu of park. If the Planning Board determines
that a suitable park or parks of adequate size cannot be located within
the plat or is otherwise not suitable, the Board may require that
the applicant make a payment to the Town of North Salem in lieu of
all or part of the park requirement, which payment shall constitute
a trust fund to be used by the Town exclusively for neighborhood park,
playground or recreation purposes, including the acquisition of property.
The payment in lieu of a park, when required, shall be as follows:
(1)
The amount of payment to the Town shall be in accordance
with the standard Schedule of Fees for the Town of North Salem; excluding,
however, from such computation the first lot of the proposed subdivision.
[Amended 7-27-1993 by L.L. No. 3-1993]
(2)
In the event that a park or parks have been shown
on the plat but in an amount equal to less than 10% of the area of
the plat, the payment required shall be equal to that proportion by
which the park or parks are less than 10%.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
Trees shall be planted along both sides of any
street, other than a private street, where there are no suitable existing
trees capable of being retained within or near the street right-of-way.
Trees shall be planted approximately 50 feet apart, subject to variations
made necessary by driveways, street corners and walks, and shall be
located either within the front 20 feet of the abutting lots or within
the right-of-way of the street and three feet from the edge of the
pavement. Trees to be planted shall be not less than two inches in
caliper at breast height and not less than 10 feet tall. The variety
of tree and manner of planting shall be subject to the approval of
the Planning Board and shall not be trees which create hazards to
traffic or pedestrians, are disease-bearing or cause damage to sewers.
Where a plat or portion of a plat is substantially clear of trees
and an existing specimen tree is to be removed due to construction
of required roads, drainage or other improvements, the Planning Board
may require planting of a suitable replacement tree or trees in an
appropriate location.
