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.
B.
Conformity to Official Map and Comprehensive Plan.
Subdivisions shall conform to the Official Map of the Town and Ulster
County and shall be in harmony with the Town Comprehensive Plan, if
such exist.
C.
Preservation of natural cover. Land to be subdivided
shall be laid out and improved in reasonable conformity to existing
topography, in order to minimize grading and cut and fill, to retain,
insofar as possible, the natural contours, to limit stormwater runoff,
and to conserve the natural cover and soil. No topsoil, sand or gravel
shall be removed from any lots shown on any subdivision plat except
for the purpose of improving such lots and for laying out of streets
shown thereon. Topsoil so removed shall be restored to a depth of
six inches and properly seeded and fertilized on areas of such lots
not 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. Any change of the natural slope
of the land shall be permitted only by special consideration of the
Planning Board.
D.
Preservation of existing features. Existing features
which would enhance the attractiveness of the site or the community
as a whole, such as trees, watercourses, ponds, historic places, and
similar irreplaceable assets, shall be preserved insofar as possible
through harmonious design of the subdivision. The Board may require
easements in favor of the Town of Gardiner, other lot owners, and
other restrictions, including conservation easements under General
Municipal Law § 247, to insure the continuing preservation
of such features.
[Amended 8-12-2003 by L.L. No. 3-2003]
E.
Specifications for required improvements. All required
streets and other improvements shall be constructed or installed to
conform to Town specifications, which may be obtained from the Town
Clerk.
A.
General.
(1)
Streets shall be suitably located, of sufficient width,
and adequately improved to accommodate the prospective traffic, and
to afford satisfactory access to police, fire fighting, snow removal,
or other road maintenance equipment, and shall be coordinated so as
to compose a convenient system. All streets shall be properly related
to the Town Comprehensive Plan and in conformance in location and
alignment to the Official Map, if such exist.
(2)
The Town shall not accept an offer of dedication for
any street that does not have direct access to an existing public
street or highway.
B.
Relation to topography. Streets shall be logically
related and shall conform insofar as possible to the original topography.
They shall be arranged so as to obtain as many building sites as possible
at or above the grade of the street. A combination of steep grades
and sharp curves shall be avoided.
C.
Continuation of streets into adjacent property. Streets
shall be arranged to provide for the continuation of principal streets
between adjacent properties where such continuation is necessary for
convenient movement of traffic, effective fire protection, efficient
provision of utilities, and particularly where such continuation is
in accordance with the Town Comprehensive Plan, as it may be adopted.
Reserve strips, controlling access to streets, shall be prohibited
except where their control is placed with the Town under conditions
approved by the Planning Board. If adjacent property is undeveloped
and the street must temporarily be a dead-end street, the right-of-way
and improvements shall be extended to the property line. A temporary
circular turnaround with a traveled way radius of at least 50 feet
shall be provided on all temporary dead-end streets, with the notation
on the plat that land outside the normal street right-of-way shall
revert to abutting properties.
D.
Treatment of major streets.
(1)
In residential areas. Where a subdivision abuts or
contains an existing or proposed major street, the Planning Board
may require marginal access streets, reverse frontage with screen
planting contained in a nonaccess reservation along the rear property
line, or such other treatment as may be necessary for adequate protection
of residential properties and to afford separation of through and
local traffic.
(2)
In business areas. In areas zoned or designed for
commercial use, or where a change of zoning is contemplated for commercial
use, the Planning Board may require that the street width be increased
or that a service road be constructed, to assure the free flow of
through traffic without interference by parked or parking vehicles,
and to provide adequate and safe parking space for such commercial
area.
E.
Dead-end streets. Permanent dead-end streets shall
normally not exceed 1,200 feet in length in order to provide for convenience
of traffic movement and facilitate more effective police and fire
protection. A depth suitable for an adequate building lot may be required
to be retained between the terminus of the street and adjoining property.
The Planning Board may require the reservation of a twenty-foot-wide
easement through this property to facilitate pedestrian traffic or
utilities. No permanent dead-end streets may be constructed having
more than 20 building lots. A T-shaped turnaround shall be installed
at the end of a dead-end street. This "T" should be 50 feet each side
of the right-of-way and be the same width as the road (i.e., 50 feet
by 150 feet). Any deviation may be made only by written release from
the Town Board, Planning Board and Superintendent of Highways. Such
release should accompany the owner's petition.
F.
Street names. All streets shall be named and such
names shall be subject to the approval of the Planning Board. Names
shall be sufficiently different in sound and spelling from other street
names in the Town to avoid confusion. A street which is a continuation
of an existing street shall bear the same name. As general policy,
the use of personal names for new roads is discouraged. Historical
names are preferred, or names appropriate to the particular development
or general neighborhood.
G.
Intersections.
(1)
Design. Intersections of major streets by other streets
shall be at least 800 feet apart. Cross (four-cornered) street intersections
shall be avoided, except at important traffic intersections. A distance
of at least 150 feet shall be maintained between offset intersections.
Within 40 feet of an intersection, streets shall be approximately
at right angles, and grades shall be limited to 1.5%. All street intersection
corners shall be rounded by curves of at least 25 feet in radius at
the property line.
(2)
Visibility at intersections. Within the triangular
area formed at corners by the intersecting street lines, for a distance
of 75 feet from their intersection and diagonal connecting the end
points of these lines, visibility for traffic safety shall be provided
by excavating, if necessary. Nothing in the way of fences, walls,
hedges, or other landscaping shall be permitted to obstruct such visibility.
An easement for the enforcement of this provision shall be granted
to the owner of the street and notation to this effect made on the
plat.
H.
Provision for future resubdivision. Where a tract
is subdivided into larger parcels than ordinary building lots, such
parcels shall be arranged to allow the provision of future streets
and logical further subdivision.
I.
Design standards for streets. Streets shall meet the
design standards set forth in the following table, based on the street
classification indicated on the Town Comprehensive Plan or the Official
Map, as they may be adopted. In the absence of a Town Comprehensive
Plan or Official Map, the classification shall be determined by the
Planning Board.
|
Design Element
|
Major
Street
|
Secondary
Street
|
Local
Street
| |
|---|---|---|---|---|
|
Minimum right-of-way width (feet)
|
60
|
60
|
50
| |
|
Minimum traveled-way width (excluding shoulders)
(feet)
|
30
|
30
|
20
| |
|
Maximum grade
|
6%
|
8%
|
10%
| |
|
Minimum grade
|
1%
|
1%
|
1%
| |
|
Minimum radius of horizontal curve at center
line (feet)
|
400
|
250
|
125
| |
|
Minimum length of vertical curve (feet)
|
300
|
2001
|
1002
| |
|
Minimum length of tangent between reverse curves
(feet)
|
300
|
200
|
100
| |
|
Minimum sight distance (feet)
|
400
|
300
|
200
| |
|
Road pavement, shoulders, sidewalks, drainage
structures, curbs, etc.
|
See Town Construction Standards and Specifications
| |||
|
Notes:
| ||||
|
1But not less than
40 feet for each 1% algebraic difference in grade.
| ||||
|
2But not less than
20 feet for each 1% algebraic difference in grade.
| ||||
Block dimensions shall be at least twice the
minimum lot depth in width and at least 400 feet in length, but generally
not more than 1,200 feet in length. In long blocks, the Planning Board
may require the establishment of easements or public ways through
the block to accommodate utilities or pedestrian access.
A.
Lots to be buildable. The lot size, width, depth, shape and arrangement shall be appropriate for the type of development and use contemplated and shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with Chapter 220, Zoning, as it may be adopted, or in providing access to buildings on such lots from an approved street. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum front yard setback from both streets.
B.
Side lot lines. Side lot lines shall generally be
at right angles to street lines unless a variation from this rule
will give, in the opinion of the Planning Board, a better street or
lot plan. Lot lines shall coincide with municipal boundaries rather
than cross them. Where extra width has been dedicated for widening
an existing street, lot lines shall begin at such extra width line.
C.
Access from major streets. Lots shall generally not have their vehicular access from a major street. Where driveway access from a major street may be necessary for several adjoining lots, the Planning Board may require that such lots be served by a combined access drive in order to limit possible traffic hazard on such street. (See Subsection D of § 188-19, Treatment of major streets.)
D.
E.
Access across a watercourse. Where a watercourse separates
the buildable area of a lot from the access street, provision shall
be made for the installation of a culvert or other structure, of a
design approved by the Town Engineer.
F.
Water bodies. If a tract being subdivided contains
a water body or portion thereof, lot lines shall be so drawn as to
distribute the ownership of the water body among the fees of the adjacent
lots. The Planning Board may approve an alternate plan whereby the
ownership of and responsibility for safe maintenance of the water
body is so placed that it will not become a Town responsibility. No
more than 25% of the minimum lot area required under the provisions
of the Zoning Law, as it may be adopted, may be satisfied by land
under water.
A.
Payments in lieu of the reservation of parkland on subdivision plats
containing residential units.
[Amended 6-14-2016 by L.L. No. 1-2016]
(1)
The Town Board has determined that subdivisions containing residential
units results in the demand for recreational space, activities and
uses. As land is subdivided for residential purposes and additional
residential units are constructed, the additional population places
demands on the existing recreational infrastructure and programs.
The impact on the recreational infrastructure has not been mitigated
by the types of parkland that have been previously donated by developers,
those lands often being substandard, undevelopable or unusable and
having little to no recreational value.
(2)
Every new residential subdivision shall make a payment in lieu of
donating parkland. The amount of the payment shall be set by the Town
Board by resolution on such terms and conditions as the Town Board
sees fit and shall be updated from time to time by the Town Board.
However, the fee schedule shall set forth different fees for lots
associated with major or minor subdivisions, as those terms are defined
in this chapter.
(3)
The monies collected pursuant to the provisions of this section shall
be deposited into a dedicated, separate fund to be used by the Town
exclusively for park, playground or other recreational purposes, including,
but not limited to, the acquisition of property or the operation of
recreational programs.
(4)
An applicant for subdivision approval may apply to the Town Board for a waiver of this § 188-22A requiring payment in lieu of parkland by proposing a significant park or recreational facility to serve the community.
(5)
The Town Board will assess the size and suitability of lands proposed
for the park or recreational facilities, the nature of the facilities
proposed, the costs or value of the proposed facilities as well as
other practical factors including whether there is a need for additional
facilities in the immediate neighborhood and the assessed value or
cost of the lands to be dedicated.
(6)
The Town Board will refer the waiver request to the Planning Board
for its review and recommendation.
(7)
The determination by the Town Board to grant the waiver shall be
deemed a legislative decision.
B.
Widening or realignment of existing streets. Where
the subdivision borders an existing street and additional land is
required for realignment or widening of such street as indicated on
the Official Map, or Town Comprehensive Plan, if such exist, or where
the Planning Board deems such reservation necessary, the Planning
Board may require that such areas be indicated on the plat and marked
"Reserved for Street Realignment (or Widening) Purposes."
C.
Easements for utilities and drainage. Where topography
or other conditions are such as to make impractical the inclusion
of utilities or drainage facilities within street right-of-way, perpetual
unobstructed easements at least 20 feet in width for such utilities
shall be provided across property outside the street lines and with
satisfactory access to the street. Such easements shall be centered
on rear or side lot lines.
D.
Easements for pedestrian access. The Planning Board
may require perpetual unobstructed easements at least 20 feet in width
in order to facilitate pedestrian access from streets to schools,
parks, playgrounds, or other nearby streets.
E.
Easements for maintenance of slopes. Where steep slopes
beyond the street right-of-way may require maintenance, an easement
may be required for such purpose.
F.
Responsibility for ownership of reservations. Title
to all reservations, if vested in interests other than the subdivider,
shall be clearly indicated on the plat.
A.
Monuments and markers. Permanent monuments shall be
placed at all block corners, angle points, points of curvature, and
point of tangency in streets, and at intermediate points as required
by the Town Engineer. In no case shall there be less than four permanent
monuments per block. Monuments shall be set so as to prevent movement
by frost upheaval and other pressures. Markers of a material, size,
and length suitable to the Town Engineer shall be placed at all points
where road lines intersect plat boundaries and at all lot corners.
B.
Street improvements.
(1)
General. Streets shall be graded and improved with
pavement, street signs, sidewalks, street lighting standards, curbs,
gutters, street trees, water mains, sanitary sewers, storm drains,
and fire hydrants, except where waivers may be requested; the Planning
Board may waive, subject to appropriate conditions, such improvements
as it considers are not requisite in the interest of the public health,
safety, and general welfare, or may result in unnecessary hardship.
If underground utilities are required by the Planning Board, they
shall be placed between the paved roadway and street right-of-way
line, where possible, to simplify location and repair of the lines.
The subdivider shall install underground service connections to the
property line of each lot before the street is paved. Such grading
and improvements shall be approved as to design and specifications
by the Town Engineer, who shall require that all pertinent Town standards
and specifications shall be met.
(2)
Utility poles. Where possible, utility poles shall
be within the right-of-way of any street and shall be placed not further
than two feet from the boundary line of such right-of-way.
C.
Water and sewerage facilities. Facilities for water
and sewerage shall be provided in each new subdivision in accordance
with the requirements of the appropriate agency having jurisdiction
over the planning and installation of these in the area of the subdivision;
however, the following minimum requirements of the Town shall be met:
(1)
Central water supply systems shall be designed with
adequate pressures, mains and fire hydrants to meet Association of
Fire Underwriters' Specifications for a Class C protected area.
(2)
All water mains shall be at least six inches in diameter.
(3)
Sanitary sewers shall not be used for stormwater drainage.
(4)
Central sewerage systems, if any, shall provide a
four-inch minimum size connection to each lot.
(5)
Where possible, an access to ponds or water holes
may be made available for fire purposes.
D.
Storm drainage facilities. Storm drainage facilities
shall provide a clear and protected channel fully adequate to handle
runoff from a twenty-five-year storm and designed so that heavy runoffs
which exceed the capacity of the channels can be handled with the
least possible damage to improvements and structures.
E.
Public utilities. The Planning Board may accept assurance
from each public utility company whose facilities are proposed to
be installed. Such assurance shall be in writing, addressed to the
Planning Board, stating that such public utility company will make
the installations necessary for furnishing of its services within
a specified time, in accordance with the approved plat.
F.
Water supply. The Planning Board in these subdivision
regulations will implement the Ulster County Department of Health
recommendations of central water and sewerage for subdivision of 50
or more building lots. However, the Planning Board reserves the right
to require central water and sewerage for any subdivision where, in
its judgment, conditions warrant it.
G.
Fire ponds. If a water source is available, the subdivider
shall provide, at his/her cost, a fire pond with a dry hydrant, piping,
and cistern installation if required by the Planning Board after consultation
with the appropriate fire chief and an access road to the hydrant
and to the pond. An access easement in favor of the Town shall be
provided if required for annual maintenance of the hydrant system.
[Added 2-7-2006 by L.L. No. 5-2006]
