The Planning Board, in considering an application
for the subdivision of land, shall be guided by the following considerations
and standards, which standards shall be deemed to be the minimum requirements
for the convenience, health, safety and welfare of the town. In all
cases except where noted herein, the Planning Board shall be the determining
agent.
A. Character of land. Land to be subdivided shall be
of such character that it can be used safely for building purposes
without danger to health or peril from fire, flood or other menace.
Land subject to such hazards shall not be subdivided nor developed
for residential purposes, nor for such other uses as may endanger
health, life or property, or aggravate a physical hazard, but such
land may be set aside for uses as shall not involve such danger nor
produce unsatisfactory living conditions.
B. Conformity with Official Map and Town Development
Plan. Subdivisions shall conform to the Official Map of the town and
Ulster County and shall be in harmony with the Town Development Plan,
if such exist.
C. Preservation of natural cover.
(1) Land to be subdivided shall be laid out and improved
in reasonable conformity to existing topography, in order to minimize
grading, cut and fill and to retain, insofar as possible, the natural
contours, to limit stormwater runoff and to conserve the natural vegetative
cover and soil. Wetlands shall remain undisturbed insofar as possible.
(2) No tree, topsoil, sand, gravel or other excavated
material shall be removed from its natural position, except where
necessary and incidental to the improvement of lots and the construction
of streets and related facilities in accordance with the approved
plat. Topsoil so removed shall be restored to a depth of at least
six inches and properly seeded and fertilized in those disturbed areas
that are not to be occupied by buildings or structures. No excess
topsoil so removed shall be disposed of outside of the boundaries
of the town, except upon the approval of the Town Board.
D. Preservation of existing features. Existing natural
and cultural features which are of ecological, aesthetic, scenic or
historic value to the site or the town as a whole, such as individual
trees, stands of trees, wetlands, watercourses, ponds, rock formations,
historic places, stone walls and similar irreplaceable assets, shall
be preserved, insofar as possible, through harmonious design of the
subdivision, and, where appropriate, the Planning Board may require
the inclusion of such features within permanent reservations.
E. Specifications for required improvements. All required
improvements shall be constructed or installed to conform to the town
specifications, where such exist, which may be obtained from the Town
Engineer, Town Superintendent of Highways or Town Planning Board,
or, in the absence of town specifications, to conform to the specifications
of the county, state and federal agencies with jurisdiction over such
improvements or facilities.
F. Frontage on improved streets. Except as otherwise permitted in these regulations, the area proposed to be subdivided shall have frontage on and/or direct access to an approved street duly placed on the Official Map, and, if such street be private, it shall be improved to the satisfaction of the Town Engineer and approved by the Planning Board, or there shall be a bond held by the town to guarantee such improvement, pursuant to the provisions for bonding in Article
VI of these regulations.
G. Open space development subdivision. Pursuant to § 278 of New York State Town Law, and the open space development provisions of Chapter
210, Zoning, the Planning Board may require, upon its own determination, the creation of lots not in accord with the specified requirements for lot size, lot width, and yards, as specified in Chapter
210, Zoning, where the creation of such lots would result in a more efficient layout of streets, lots and utilities, and also in the preservation of natural features, important views, significant open spaces or recreation opportunities. Open space development shall be approved by the Planning Board only in accordance with the procedures and standards of Chapter
210, Zoning, in addition to the applicable standards of these regulations.
H. Effects upon farm operations. For any proposed subdivision
occurring wholly or partially within an agricultural assessment district
established pursuant to Article 25-AA of New York State Agriculture
and Markets Law, and which includes or is within 500 feet of an active
farm operation within that agricultural district, the Planning Board,
pursuant to § 283-a, Subdivision 2, of New York State Town
Law, must make a determination of possible impacts, if any, arising
from the proposed subdivision upon the functioning of farm operations
within such agricultural district. In making its determination, the
Planning Board shall utilize the agricultural data statement (ADS)
that is required to be submitted under these circumstances, along
with any other relevant documentation that is permitted by laws and
regulations, including but not limited to this chapter, other regulations
of the Town of Hurley and the SEQR regulations.
I. A stormwater pollution prevention plan consistent with the requirements of Article
I and
II of Chapter
168 and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article
II of Chapter
168. The approved Final Subdivision Plat shall be consistent with the provisions of Chapter
168[Added 12-21-2007 by L.L. No. 6-2007]
J. The amount of land disturbance in acres planned for
the tract.
[Added 12-21-2007 by L.L. No. 6-2007]
The subdivider may place restrictions on any of the land contained within the subdivision which restrictions are greater than those required by Chapter
210, Zoning. Such restrictions shall be indicated on the final subdivision plat.