Town of Liberty, NY Design Standards

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.

Water supply. All subdivisions shall be served with an adequate water supply meeting the following standards:

Public water supply.

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.

Community water supply systems.

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.

(e)

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.

(f)

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.

On-site water supply systems. On-site water supply systems shall meet applicable New York State Department of Health guidelines.

Sewage disposal systems.

Public sewage systems.

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.

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.

(e)

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 sewage disposal systems.

On-site subsurface sewage disposal systems may be utilized for subdivisions located outside sewer districts, provided that suitable soil characteristics are present.

Suitable soil characteristics may be demonstrated by either:

[1]

Submission of a percolation test, performed by a licensed professional engineer, resulting in a percolation rate of one inch in 60 minutes; or

[2]

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.

Burden of proof. The burden of proving a particular parcel is suitable for subdivision shall be upon the subdivider.

§ 130-16 Lot design.

Lots to be buildable.

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 positioned so as to allow the sitting of a principal residence meeting all code requirements.

Have an average slope of 15% or less.

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).

Any alteration of existing conditions to overcome the limitations set forth in § 130-16A(1)(a), (b) or (c) must be approved by the Town Engineer.

Configuration of lots.

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.

If remnants of land exist after subdividing, they shall be incorporated in existing or proposed lots, unless designated as common area.

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.

(4)

All lots shall front on a public street or on a private street, with a minimum right-of-way width of 50 feet, accessing a public street.

§ 130-17 Common open space.

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.

§ 130-18 Street specifications.

Public streets. Streets built for dedication to the Town shall conform to the specifications contained in Chapter 128 of the Town of Liberty Code.

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:

Private streets shall be built to the same standards as those required for public streets unless different standards are approved by the Town Board.

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.