The design standards and requirements set forth
in this chapter shall be observed as minimums by the subdivider in
the design of each subdivision within the Town. The Planning Board
may require more restrictive standards when necessary to protect health,
safety and welfare of the public and where circumstances unique to
the property so dictate.
Those areas which are subject to such hazards to life,
health or property as may arise from fire, flood or noise or are considered
to be uninhabitable for other reasons may not be subdivided for building
purposes unless the hazards have been eliminated or the plans show
adequate safeguards correcting the hazards.
Information for determining and evaluating potential
hazards may include references to historical records, soil evaluations,
engineering studies, expert opinions, established standards used by
insurance companies and federal, state or local standards, such as,
but not limited to, established floodplain lines.
Layout to be comprehensive. All portions of a tract
being subdivided shall be taken up in lots, streets, public lands
or other proposed uses so that remnants, reserve strips or other landlocked
areas are not created. The layout of a subdivision shall also be planned
with consideration to existing nearby developments or neighborhoods
so that the development is coordinated in terms of traffic movement,
drainage and other reasonable considerations, including aesthetic
concerns.
Preservation of natural features. In all subdivisions,
care shall be taken to preserve natural features, such as trees, watercourses,
views and historical features, which will retain the attractiveness
and value of the remainder of the Town. Damming, filling, relocating
or other interference with the natural flow of surface water along
any surface water drainage channel or natural watercourse shall not
be permitted except with the approval of the Town and, where appropriate,
the New York State Department of Environmental Conservation.
When a proposed subdivision is located within
an existing water district or where a public water supply is available
within 1,000 feet of the proposed subdivision, the subdivider shall,
if technically feasible, construct a system of water mains tied to
such system and provide a connection for each lot.
Plans and specifications for extension of an existing system shall be prepared by a licensed professional engineer and shall conform to the requirements of the New York State Department of Health and Chapter 144 of the Town of Liberty Code.
Suitable agreements with the water district
shall be made for design, specifications, construction, ownership
and maintenance of such distribution system and copies thereof provided
to the Planning Board for review and approval prior to final approval
of the subdivision.
All public water supply system installations
and testing thereof shall be inspected by the Chief Water and Wastewater
Treatment Plant Operator or his designee before any backfilling of
lines, unless the subdivider shall have provided for full-time inspection
by a licensed professional engineer. A licensed professional engineer's
certification shall be required prior to dedication of improvements
to the Town.
Where it is proposed to provide water supply
to a subdivision by constructing a new or connecting to an existing
private community water supply, the subdivider shall have plans and
specifications, conforming to accepted engineering practices, prepared
by a licensed professional engineer. The system shall be designed
to furnish adequate main sizes and, where necessary, fire hydrants
located to meet the specifications of the Association of Fire Underwriters
and applicable fire district requirements. Adequate documents providing
for the ownership and maintenance of such system shall be developed
and copies thereof provided to the Planning Board for review and approval
prior to final approval of the subdivision.
The applicant must demonstrate ability to provide
a minimum of 150 gallons of water per capita (GPCD) or 400 gallons
per day (GPD) for each single-family residential dwelling unit or
equivalent to be serviced. Service to industrial or commercial establishments
shall meet standards established by the American Water Works Association
or insurance industry underwriting standards.
New community water supply wells shall be sited,
drilled and tested under the direct supervision of a licensed professional
engineer or a professional groundwater geologist.
All community water system installations and
testing thereof shall be inspected by the Chief Water and Wastewater
Treatment Plant Operator or his designee before any backfilling of
lines, unless the subdivider shall have provided for full-time inspection
by a licensed professional engineer. A licensed professional engineer's
certification shall be required prior to final approval of the subdivision.
Performance guarantees shall accompany a final
plat application involving a community water supply system. Any such
guaranty must be provided pursuant to a written security agreement
with the Town, approved by the Town Attorney as to form and manner
of execution and by the Town Engineer as to sufficiency.
Where a community system is to be transferred
to a property owners association (POA), the Town Board shall be satisfied
that the POA possesses the administrative and financial ability to
operate and maintain such system before the performance guarantee
is released.
When a proposed subdivision is located within
an existing sewer district or when a public sewage disposal system
is located within 1,000 feet of the proposed subdivision, the subdivider
shall, if technically feasible, provide a system of collection lines
to connect to said system.
Plans and specifications for extension of an existing system shall be prepared by a licensed professional engineer and shall conform to the requirements of the New York State Department of Environmental Conservation and Chapter 121 of the Town of Liberty Code.
Suitable agreements with the sewer district
shall be made for design, specifications, construction, ownership
and maintenance of such collection system and copies thereof provided
to the Planning Board for review and approval prior to final approval
of the subdivision.
All public sewage disposal system installations
and testing thereof shall be inspected by the Chief Water and Wastewater
Treatment Plant Operator or his designee before any backfilling of
lines, unless the subdivider shall have provided for full-time inspection
by a licensed professional engineer. A licensed professional engineer's
certification shall be required prior to dedication of improvements
to the Town.
Community sewage disposal systems are required
for all subdivisions where public sewage disposal systems are unavailable
and a licensed professional engineer is unable to certify that soil
conditions are suitable for on-site sewage disposal systems meeting
New York State Department of Health criteria.
All elements of any community sewage disposal
system shall be designed and constructed in strict accordance with
New York State Department of Environmental Conservation standards,
and any permits required thereunder shall be obtained as a prerequisite
to final approval of any subdivision.
All community sewage disposal system installations
and testing thereof shall be inspected by the Chief Water and Wastewater
Treatment Plant Operator or his designee before any backfilling of
lines, unless the subdivider shall have provided for full-time inspection
by a licensed professional engineer. A licensed professional engineer's
certification shall be required prior to final approval of the subdivision.
Performance guarantees shall accompany a final
plat application involving a community sewage disposal system. Any
such guaranty must be provided pursuant to a written security agreement
with the Town, approved by the Town Attorney as to form and manner
of execution and by the Town Engineer as to sufficiency.
Where a community system is to be transferred
to a property owners association (POA), the Town Board shall be satisfied
that the POA possesses the administrative and financial ability to
operate and maintain such a system before the performance guarantee
is released.
On-site subsurface sewage disposal systems may
be utilized for subdivisions located outside sewer districts, provided
that suitable soil characteristics are present.
Submission of a subsurface septic system design
plan, prepared by a licensed professional engineer, meeting the requirements
of the New York State Department of Health.
Erosion and sedimentation control. In the event that
a subdivider shall intend to make changes in grade, excavate, remove
or destroy the natural topsoil or vegetation covering a site in accordance
with a subdivision plan, the Planning Board may require an erosion
and sedimentation control plan. The erosion and sedimentation control
shall be prepared by a licensed professional engineer in cooperation
with the Sullivan County Water Conservation District and shall be
approved by the Town Engineer.
Storm drainage. In the event that any subdivider shall
intend to install public streets or interrupt or change existing drainage
courses, the Planning Board may require a storm drainage plan. The
storm drainage plan shall be prepared by a licensed professional engineer
in cooperation with the Sullivan County Water Conservation District
and shall be approved by the Town Engineer.
Lot lines. Lot lines shall follow municipal and County
boundary lines rather than cross them. Reserve strips controlling
access to lots, public lands or adjacent private lands are prohibited.
The lot arrangement shall be such that, in constructing
a building in compliance with the Town of Liberty Zoning Law and New
York State Uniform Fire Prevention and Building Code, there will be
no foreseeable difficulties by reasons of topography or other natural
conditions. All lots intended for single-family residential purposes
must contain a buildable portion with a dwelling site and septic system
site of not less than 10,000 square feet (5,000 square feet when served
by public or community sewer). The buildable portion shall:
Be serviced by a public or community sewer system
or have suitable soil characteristics so as to permit construction
of a subsurface sewage disposal system (septic system).
All side lines of lots shall be at approximate right
angles to straight street lines and radial to curved street lines,
except where variation to this rule will provide a safer layout or
improve the orientation of the lots for purposes of solar access.
Corner lots shall have a lot width of at least 100
feet on each street. Either of the two sides of a corner lot may be
designated as the front, provided that the rear yard shall always
be opposite the frontage so designated. All corner lots shall have
a curve, with a minimum radius of 25 feet, joining the intersecting
street lines.
Where deemed essential by the Planning Board, the
Planning Board may require the dedication or reservation of certain
areas within the proposed subdivision of such character and location
as may be suitable to the needs created by such development for schools,
parks or other community purposes.
Where dedication is required, in no case shall the
Planning Board require more than 10% of the gross area of the entire
tract, exclusive of lakes or ponds, to be so dedicated. The minimum
area acceptable in fulfillment of this provision shall be three acres.
In cases where the Planning Board finds that, due
to size, topography or location of the subdivision, the requirement
for land dedication would be unreasonable or undesirable (as in instances
where the average lot size is five acres or more or for minor subdivisions),
the Planning Board may waive the dedication requirement. Where dedication
is waived, the Planning Board shall require that a fee be paid (such
fee to be determined from a schedule of fees as adopted by the Town
Board from time to time by resolution) for each proposed lot in the
subdivision, such monies going into a special fund for the future
acquisition or improvement of recreational facilities in the Town.
Common open space areas designated for play lots,
parks and other outdoor recreational facilities shall be of a size,
shape and other physical characteristics so as to be free of health
and safety hazards and suitable for the designated use. Sites so designated
and developed and intended for public dedication shall not be deemed
to be accepted by the Town until a resolution to that effect is actually
passed.
Private streets. Where it is proposed to and approved
by the Planning Board to create a subdivision with private street(s)
not intended for dedication to the Town of Liberty, the following
requirements shall be met:
Rights-of-way for private streets shall include a
grant for easements necessary for the installation of utilities and
shall not deny access to such street to any abutting property owner
or owner of any lot to which the street is intended to provide access.
The final plat for the subdivision shall include the
following statement as to any private streets:
"The street(s) depicted on this plat are private
in nature and the Town of Liberty bears no responsibility now or in
the future for their maintenance. Responsibility for maintenance is
specified in a private road maintenance agreement."
No building permits shall be issued by the Town for
any structure within a subdivision served by a private street until
final plan approval has been granted and the street has been constructed
and inspected by the Town Engineer and found to meet the specifications
as approved by the Town Board.