The Planning Board, in considering an application
for the subdivision of land, shall be guided by but shall not be bound
by the following considerations and standards, upon which the Planning
Board shall be the determining agent. In general, these standards
shall be deemed to be the minimum requirements for the convenience,
health, safety and welfare of the Town.
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 increase
danger to health, life or property or aggravate a flood hazard, but
such land may be set aside for uses as shall not involve such danger
nor produce unsatisfactory living conditions.
B.
Preservation of natural features and values.
(1)
Land to be subdivided shall be designed in reasonable
conformity to existing topography in order to preserve wetlands and
minimize grading and cut and fill and to retain, insofar as possible,
the natural drainage system and the natural contours, to limit stormwater
runoff and to conserve the natural vegetative cover and soil of the
Town. No trees, topsoil or 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 plan. Topsoil shall be restored to
a depth of at least six inches and properly seeded and fertilized
in those disturbed areas not occupied by buildings or structures.
(2)
Existing natural features which are of ecological,
aesthetic or scenic value to residential development or to the Town
as a whole, such as wetlands, watercourses, water bodies, rock formations,
stands of trees, historic spots, views and vistas 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 in permanent reservations.
C.
Conformity to Town Development Plan and Official Map.
Streets, parks and other subdivision features shall conform to the
proposals shown on the Town Development Plan and the Official Map.
D.
Frontage on improved streets. The area proposed to
be subdivided shall have frontage on and direct access to a street
duly placed on the Official Map, and if such street is not improved
to the satisfaction of the Planning Board, such improvements shall
be a condition of subdivision approval.
A.
Location, width and improvement. Streets shall be
suitably located, of sufficient width and adequately improved to accommodate
the expected traffic and to afford satisfactory access to police,
fire-fighting, snow removal and other road maintenance equipment and
shall be coordinated so as to compose a safe and convenient system.
B.
Relation to topography. Streets shall be appropriately
related to the natural topography and shall be arranged so as to obtain
as many as possible of the building sites at or above the grades of
the streets. A combination of steep grades and curves shall be avoided.
C.
Intersections. Cross (four or more cornered) street
intersections shall be avoided insofar as possible, except at important
traffic locations. A distance at least equal to the minimum required
lot width shall be maintained between center lines of offset intersecting
streets. Within 60 feet of the center of an intersection, streets
shall be at approximately right angles and grades shall be limited
to 1.5%. Wherever two streets intersect at an angle of less than 75°,
special pavement, channelization and right-of-way and/or sight easement
restrictions may be required by the Planning Board.
D.
Continuation of streets into adjacent properties.
The arrangement of streets shall provide for their continuation between
adjacent properties where such continuation is determined necessary
for proper traffic movement, effective fire protection and efficient
provision of utilities and/or where such continuation is in accordance
with a proposal shown on the Town Development Plan. Alternatively,
if a street continuation is not determined to be warranted by the
circumstances or would result in unsafe traffic conditions or otherwise
jeopardize the public safety and welfare, the Planning Board may require
such street to be terminated short of the boundary lines of the subdivision.
(1)
Temporary turnaround. Where a continuation of a street
beyond the boundaries of a subdivision is warranted but the adjacent
property is undeveloped and the street must dead-end temporarily,
the Planning Board may require that the right-of-way and all improvements
be extended to the property line. A temporary circular turnaround
shall be provided on all temporary dead-end streets in excess of 100
feet in length, with a notation on the plat that land outside the
normal street right-of-way shall revert to abutting property owners
upon continuation of the street. The length of temporary dead-end
streets shall normally be limited to not more than double the permitted
length of permanent dead-end streets.
(2)
Turnaround removal and reconstruction. Where a turnaround
exists at the end of a street within an adjoining development to which
a proposed street is to connect, the applicant shall be required to
remove the portions of the turnaround pavement outside of the normal
width of the traveled way, perform any necessary reconstruction of
the pavement edge and regrade, seed and drain the disturbed areas
in such a manner as to blend them in with the surrounding landscape.
E.
Permanent dead-end streets.
(1)
Where a street does not extend to the boundary of
a subdivision and its future continuation is not required by the Board,
it shall be separated from such boundary by a distance not less than
the minimum required lot depth. The Planning Board may require the
reservation of an easement to the boundary to accommodate utilities,
drainage facilities and/or pedestrian traffic. A circular turnaround
shall be provided at the end of a permanent dead-end street.
(2)
Length. Permanent dead-end streets shall, in general,
be limited in length as deemed appropriate by the Planning Board in
the interest of convenience to traffic and more effective police and
fire protection.
F.
Street names. Streets names shall be sufficiently
different in sound and in spelling from other names in the Town so
as not to cause confusion. A street which is a continuation of an
existing street shall bear the same name. In general, street names
shall conform to the following classifications:
|
Type
|
Classification
|
|---|---|
|
Avenue, street or road
|
Major or secondary street
|
|
Road or lane
|
Local residential street (except as follows)
|
|
Court or place
|
Dead-end street
|
|
Circle or close
|
Street, both ends of which intersect the same
at different locations.
|
G.
House numbers. House numbers will be assigned by the
Town Engineer after consultation with local postal officials and notification
of appropriate police, fire and other safety officials.
H.
Design standards for new streets. Streets shall meet
the design standards set forth on the following table. Street classification
may be indicated on the Town Development Plan or may be determined
by the Planning Board. Standards are not shown for major streets,
which would be built by the state or County.
|
Design Standards for New Streets
| |||||
|---|---|---|---|---|---|
|
Zoning District
| |||||
|
Description
|
R-40
|
R-20 & R-10
|
R-5A &R-3A
|
Business & Industrial
| |
|
Minimum right-of-way width
| |||||
|
Local street (feet)
|
50
|
50
|
50
|
50
| |
|
Collector street (feet)
|
60
|
60
|
60
|
60
| |
|
Minimum pavement width
| |||||
|
Local street (feet)
|
24
|
24
|
36
|
36
| |
|
Collector street (feet)
|
28
|
32
|
40
|
40
| |
|
Maximum grade
| |||||
|
Local street (percent)
|
101
|
101
|
10
|
8
| |
|
Collector street (percent)
|
81
|
8
|
8
|
6
| |
|
Turnaround (percent)
|
3
|
3
|
3
|
3
| |
|
Minimum grade (percent)
|
1
|
1
|
1
|
1
| |
|
Turnaround diameter
| |||||
|
Right-of-way minimum (feet)
|
100
|
110
|
110
|
130
| |
|
Pavement minimum (feet)
|
85
|
90
|
90
|
110
| |
|
Maximum length of cul-de-sac
| |||||
|
Permanent dead-end street (feet)
|
6 x minimum lot width
|
500
| |||
|
Temporary dead-end street (feet)
|
6 x minimum lot width
|
1,000
| |||
|
Minimum center-line radius of curve
| |||||
|
Local street (feet)
|
250
|
350
|
350
|
500
| |
|
Collector street (feet)
|
400
|
500
|
500
|
500
| |
|
Minimum radius at intersection
| |||||
|
Right-of-way (feet)
|
20
|
20
|
20
|
30
| |
|
Pavement (feet)
|
30
|
30
|
30
|
40
| |
|
Sidewalks
| |||||
|
Local streets (feet)
|
1 to 3
|
1 to 4
|
1 to 4
|
2 to 10
| |
|
Pavement (feet)
| |||||
|
Minimum tangent length
| |||||
|
Local street (feet)
|
100
|
100
|
100
|
250
| |
|
Collector street (feet)
|
250
|
250
|
250
|
300
| |
|
Minimum sight distance
| |||||
|
Local street (feet)
|
240
|
240
|
240
|
240
| |
|
Collector street (feet)
|
280
|
280
|
280
|
280
| |
|
At Intersection (feet)
|
Across corner 75 from intersection
| ||||
|
Minimum length of vertical curve
| |||||
|
Local street
|
L=50A2
| ||||
|
Collector street
|
L=60A2
| ||||
|
NOTES:
|
|---|
|
1 Grades up to 14%
may be allowed at the discretion of the Planning Board for short,
straight runs.
|
|
2 L = Length of vertical
curve in feet. A = Algebraic difference in grades.
|
A.
Street improvements. Streets shall be graded and improved
with pavement, sidewalks, curbs, gutters, streetlighting standards,
street signs, street trees, water mains, sanitary sewers, storm drains,
fire alarm signal devices, fire hydrants and other utilities except
where waivers may be requested, and 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
welfare. The subdivider shall install underground service connections
to the property line of each lot before the street is paved. Except
where waivers are granted, all such grading and street improvements
shall conform in all respects to these regulations and to the Town
construction standards and specifications. Rock encountered in the
shoulder of a road shall be removed for a distance of 15 feet from
the curb or traveled way to the base of the rock and properly sloped
from this point on so as to guard against rock slides into the road
bed.
B.
Drainage improvements. The subdivider may be required
by the Planning Board to carry away by pipe or natural watercourse
any spring or surface water that may exist either previous to or as
a result of the subdivision. Such drainage facilities shall be located
in the street right-of-way, where feasible, or in perpetual unobstructed
easements of appropriate width and shall be constructed in accordance
with the Town construction standards and specifications.
(1)
Upstream drainage. Drainage facilities shall, in each
case, be large enough to accommodate potential runoff from their entire
upstream drainage area, whether inside or outside the subdivision,
based on a fifty-year storm and assuming conditions of maximum potential
development within the watershed as permitted by the Zoning Ordinance.[1] The applicant shall be responsible for submitting such
computations to the Town Engineer in sufficient detail to make possible
the ready determination of the adequacy of the proposed drainage installations,
and the Town Engineer shall be responsible for reviewing these and
preparing recommendations for the Planning Board. Concentrated drainage
from lots onto the street right-of-way shall not be permitted.
(2)
Downstream drainage. The Planning Board may also require
a study of the effects of the subdivision on existing downstream drainage
facilities. Where it is anticipated that the additional runoff incident
to the development of the subdivision will overload an existing downstream
drainage facility, the Planning Board shall notify the owner of such
downstream facility of such potential condition and may withhold approval
of the subdivision until provision has been made for the correction
of said potential condition.
(3)
Increased site drainage. Drainage from roofs and paved
areas shall be connected via leaders and other facilities to existing
drainage systems if available or shall be accommodated on the site
in dry wells or in a manner satisfactory to the Planning Board and
appropriate Town officials or departments.
C.
Underground utilities. In order to ensure greater
safety and improved appearance, all utility lines and related equipment
for providing power and communication services shall be installed
underground in the manner prescribed by the regulations of the utility
company having jurisdiction. Underground utility lines shall be located
outside of the traveled way of the streets but, except in unusual
circumstances, within the street right-of-way. Underground service
connections shall be provided to the property line of each lot before
the street is paved and may pass under the traveled way of the street.
All utilities shall be shown on the construction drawings and brought
up to date on the as-built drawings.
D.
Other improvements.
(1)
Monuments.
(a)
Monuments shall be required wherever deemed
necessary by the Planning Board and/or Town Engineer to enable all
lines to be reproduced on the ground.
(b)
In general, monuments shall be located no more
than 500 feet apart on street lines, preferably at street or lot corners
or at points of curvature or tangency on curved streets, and spaced
to be within sight of one another along lines entirely within the
street right-of-way. Monuments shall be set vertically in solid ground
three inches above ground surfaces with accurate reference to a permanently
identifiable fixed point and shall meet or exceed the construction
requirements specified in the Town construction standards and specifications.
(2)
Street signs. Street signs of the type approved by
the Superintendent of Highways, including highway warning and directional
signs, shall be provided by the subdivider and placed at all intersections,
within the street right-of-way and in locations approved by the Planning
Board and the Division of Traffic and Safety Control of the Mount
Pleasant Police Department.
(3)
Streetlighting standards. Where required by the Planning
Board, streetlighting standards of a design and location approved
by the appropriate utility company and the Town Engineer shall be
provided and installed by the subdivider.
(4)
Sanitary sewers, water mains and fire hydrants. Where
required by the Planning Board, the subdivider shall install sanitary
sewers and/or water mains and fire hydrants of the type and in a manner
prescribed by the regulations of the appropriate sewer, water or fire
district or other municipal agency having jurisdiction and consistent
with State and County Health Department requirements. All work shall
be done in accordance with Recommended Standards of Water Works and
Designing Community Water Systems, adopted by the New York State Department
of Health.
(5)
Drafting hydrants. Where the installation of water
mains and fire hydrants is not immediately required, the Planning
Board may require the installation of drafting hydrants where it is
determined that such hydrants are desirable and a satisfactory source
of water supply can be made available in a reasonable future period
of time. In situations determined appropriate by the Planning Board,
it may require the construction or enlargement of a pond or other
water body for the purpose of providing such a water supply. Drafting
hydrant hose connections shall be located at suitable points along
improved streets. Such drafting hydrants shall be installed and constructed
in accordance with specifications approved by the Town Engineer and
consistent with State and County Health Department requirements. All
work shall be done in accordance with Recommended Standards of Water
Works and Designing Community Water Systems, adopted by the New York
State Department of Health.
(6)
Fire alarm signal devices. Where required by the Planning
Board, the subdivider shall install fire alarm signal devices, including
necessary ducts, cables and other connecting facilities, of a type
and in a manner and location prescribed by the appropriate fire district
or other municipal agency having jurisdiction.
(7)
Street trees. No trees or other foliage shall be removed
from any property under subdivision review. The Planning Board may
require the planting of street trees in subdivisions which are lacking
in trees or in which a substantial loss of trees will occur in the
process of street construction. Such trees shall be of a hardwood
variety indigenous to the neighborhood and shall be at least two inches
caliper at a height of six inches above ground planting level. Where
they are required by the Planning Board, such trees shall be planted
along both sides of the street within the street right-of-way and
spaced approximately 60 feet on center. The Planning Board shall also
ensure adequate protection of existing trees in the subdivision and
may require specific protection measures.
(8)
Sidewalks and school bus pickup areas. Sidewalks shall
be provided as deemed appropriate by the Planning Board and in cooperation
and coordination with the school district having jurisdiction. Construction
shall be to Town standards. Where a new subdivision contains or abuts
a major or collector street, the Planning Board may require that the
subdivider reserve, clear, grade, pave and otherwise improve an area
of such size and location as will provide a safe and suitable place
for the use of children awaiting school buses. In general, the size
of such area shall not be less than 100 square feet nor more than
200 square, and no dimensions shall be less than 10 feet. Such area
shall be included within the street right-of-way and shall be maintained
by the holder of fee title to the street. The layout and design shall
be subject to Planning Board approval in coordination with and as
may be recommended by the school district having jurisdiction.
A.
Lot and driveway arrangement. The lot arrangement
shall be such that there will be no foreseeable difficulty, for reasons
of topography or other conditions, in securing building permits to
build on all lots in compliance with the Zoning Ordinance,[1] the Wetlands Ordinance,[2] if any, and the County Health Department regulations and
in providing driveway access to buildings on such lots from an approved
street in compliance with the driveway requirements of the Zoning
Ordinance. The Planning Board may require one or more off-street parking
spaces at the base of any driveway with a portion exceeding a grade
of 10% to facilitate parking in inclement weather. No driveway shall
be permitted with any portion in excess of 14% grade.
B.
Lot dimensions. Except as provided elsewhere in these
regulations or otherwise permitted by the Town Board, lot area and
dimensions shall comply with at least the minimum standards of the
Mount Pleasant Zoning Ordinance[3] for the district in which they are located. Where lots
are more than double the minimum required area, the Planning Board
may require that they be arranged so as to allow for further subdivision
and the opening of future streets where necessary to serve such potential
lots, all in compliance with the Town Development Plan, the Zoning
Ordinance and these regulations. Where, in the opinion of the Planning
Board, lots of larger than minimum size are required for purposes
of proper drainage, water supply, waste disposal or the preservation
of important ecological features, the Board may require such oversized
lots as a condition of plat approval.
(1)
Lot line orientation. Side lot lines shall generally
be at right angles to street lines (or radial to curving street lines)
unless the Planning Board allows a variation from this rule to give
a better street or lot arrangement. Dimensions of corner lots shall
be large enough to allow for erection of buildings observing the minimum
front yard setback from both streets.
(2)
Existing large residence lot size. Where a proposed
subdivision includes an existing residence larger in size than can
appropriately be placed on a lot of the minimum size permitted in
the zoning district, the Planning Board may require that the lot be
of such size and relationship to the proposed street system that the
structure will be an appropriate and harmonious part of the subdivision.
C.
Lot averaging. In accordance with § A227-9, in any subdivision, if the subdivider can demonstrate to the satisfaction of the Planning Board that unusual and/or unique or extraordinary topographic or other physical conditions exist and/or where lot sizes of abutting properties are less than the minimum lot size of the particular zoning district within which it is located, the Board shall, at the request of the subdivider made at the time of submission of the preliminary plat, consider averaging the lot size density in accordance with § 281 of the Town Law,[4] insofar as permitted by the Town of Mount Pleasant Zoning
Ordinance[5] and subject to the following:
(1)
Lot layout. The preliminary plat shall show the layout
of lots in entire development in a conventional subdivision complying
with all requirements of these regulations and the Mount Pleasant
Zoning Ordinance.
(2)
Lot size computation. For the purpose of computing
the average size of lots, only the land area available for building
lots shall be considered and all other portions of the subdivision
shall be excluded.
(4)
Access from major and collector streets. Lots shall
not, in general, derive access from a major or collector street but
shall front on a minor interior street wherever possible. Where driveway
access from a major or collector street may be necessary for two or
more adjoining lots, the Planning Board may require that such lots
be served by a combined access drive in order to limit or minimize
the possible traffic hazard on such street. Any such driveways, where
permitted, shall be designed in such a way as to provide adequate
and convenient area for the turnaround of vehicles so as to avoid
requiring them to back into traffic on such streets.
(5)
Double frontage lots. Lots fronting on two streets,
other than corner lots, shall be avoided except where deemed essential
by the Planning Board in order to provide separation of residential
development from major or collector streets or to overcome problems
of topography or orientation. The Planning Board may require access
limitations and/or buffer landscaping for such double frontage lots
where the Board determines that such measures would be appropriate.
The Planning Board shall also determine the front lot line and all
setbacks or yard dimensions.
(6)
Water bodies. If a subdivision contains a water body
or portion thereof, lot lines shall be drawn so as to distribute the
entire ownership of the water body among the fees of the adjacent
lots, unless the Planning Board determines such water body to be appropriate
as part of any recreation land reservation or approves an alternate
plan whereby the ownership of and responsibility for the safety of
the water body is so placed that it will not become a Town responsibility.
No more than 25% of the minimum area of a lot under the Zoning Ordinance
may be satisfied by land under water.
(7)
Access across a watercourse. Where a watercourse separates
the buildable area of a lot from the street by which it has access,
provision shall be made for the installation of a bridge, culvert
or other drainage facility, of a design approved by the Planning Board
based upon recommendation of the Town Engineer, to provide satisfactory
access across such watercourse for fire, police and other emergency
equipment.
(8)
Subdivisions with land in two or more zoning districts
or municipalities.
(a)
In general, a lot of minimum size as permitted
by zoning shall not be divided by a zoning district or municipal boundary.
However, if it is necessary for a zoning district boundary to cross
a lot, such lot shall be designed so that it can be readily developed
in accordance with the standards of the more restrictive zoning district.
If it is necessary for a municipal boundary line to cross a lot, the
Planning Board may require suitable legal agreements to assure that
the two portions of the lot will not be separated in the future and
that the portion of the lot in the adjoining municipality will not
be used for any purpose that would make it nonconforming if the entire
lot were located within the Town of Mount Pleasant.
(b)
Where a subdivision includes land in two or
more zoning districts and/or municipalities, the location of the zoning
district and/or municipal boundary line shall be shown on the plat
and, in addition, where zoning boundaries are involved, the following
notation shall be added: "Existing zoning boundaries as of (date of
approval) 19__."
All reservations and easements shall be clearly
indicated on the final subdivision plat, along with appropriate notations
indicating the rights which exist with respect to each such reservation
and/or easement. Title, if vested in interests other than the developer,
shall be clearly indicated on all reservations for park and playground
purposes.
A.
Park reservations.
(1)
General standards. Land shall be reserved for parks
for playground or other recreation purposes in locations designated
on the Town Development Plan or Official Map or otherwise where the
Planning Board shall deem such reservation to be appropriate. Each
reservation shall be of suitable size, location, dimension, topography
and general character for a park for playground or other recreation
purposes and shall have adequate street access for the purpose. The
area shall be shown and marked on the plat as "Reserved for Park for
Playground or Other Recreation Purposes." In no case shall the Planning
Board require that more than 15% of the gross area of the subdivision
be dedicated or reserved for recreation purposes. In calculating such
percentage, the Board may give due credit for open areas reserved
as wetlands or by covenants in all deeds for the common use of such
open areas for all property owners in the proposed subdivision.
(2)
Minimum size. Except for parcels considered by the
Planning Board to be ecologically significant, land in subdivisions
dedicated or reserved for park and recreation purposes generally shall
have an area which the Planning Board deems adequate and suitable.
When a proposed subdivision is too small to require such an area,
the Planning Board may require that the recreation area be located
on the edge of the subdivision so that additional land may be added
at such time as the adjacent land is subdivided.
(3)
Ownership of park areas. The ownership of reservations
for park purposes shall be clearly indicated on the plat and established
in a manner satisfactory to the Planning Board so as to assure their
proper future continuation and maintenance.
(4)
Cash payment in lieu of reservation. Where the Planning
Board determines that a suitable park or parks of adequate size cannot
be properly located in a subdivision or where such a reservation is
otherwise not practical, the Board may require, as a condition to
approval of any such plat, a payment to the Town of a sum determined
for such cases by the Town Board. In residential subdivisions, the
recreation fee shall be based upon the number of new building lots
to be created. In nonresidential subdivisions, the recreation fee
shall be based upon the number of theoretical residential lots that
could be developed on the property as zoned. Such payments shall be
deposited in a trust fund to be used by the Town Board exclusively
for the acquisition of land for park, playground or recreation purposes,
including capital improvements on such property. Such payments shall
be made prior to endorsement of the plat for filing.
B.
Widening or realignment of existing streets. Where
a subdivision borders an existing street which is narrower than the
recommended right-of-way width as specified for such streets in these
regulations or where a subdivision borders an existing street planned
for widening or realigning in such a way as to require the use of
some land in the subdivision, the Planning Board may require the subdivision
plat to show such areas which shall be marked "Reserved for Street
Realignment (or Widening) Purposes." Land reserved for such purposes
may not be counted in satisfying yard or lot area requirements of
the Zoning Ordinance.[1]
C.
Utility and drainage easements.
(1)
Where topography or other conditions are such as to
make impractical the inclusion of utilities or drainage facilities
within street rights-of-way, perpetual unobstructed easements shall
be provided for such utilities or drainage facilities across properties
outside the street lines and with satisfactory access to the street.
Drainage easements shall extend from the street to the watercourse
or other drainage facility and shall convey to the holder of fee title
of the street the perpetual right to discharge stormwater runoff from
the street and the surrounding area onto and over the affected premises
by means of pipes, culverts or ditches, or a combination thereof,
together with the right to enter said premises for the purpose of
making such installations and doing such maintenance work as the holder
of such fee title may deem necessary to adequately drain the street
and the surrounding area.
(2)
Drainage easements. When a proposed drainage system
will carry water across private land outside the subdivision, appropriate
drainage rights must be secured in a form satisfactory to the Town
Attorney and suitable for recording in the office of the County Clerk.
D.
Slopes easements. Where determined appropriate by
the Planning Board, said Board may permit an embankment alongside
a proposed street to extend beyond the normal right-of-way of such
street, provided that a slope easement is granted, conveying to the
holder of fee title of the street the right to enter the premises
for the purpose of maintaining such slope. Where the embankment slope
is located on private land outside the subdivision, such easement
shall be permitted only where the appropriate rights have been secured
in a form satisfactory to the Town Attorney and suitable for recording
in the office of the County Clerk.
E.
Sight easements. Sight easements shall be provided
across all street corners, outside the street right-of-way, within
the triangular area formed by the nearest edges of street pavement
and a straight line between two points each 75 feet back from the
theoretical intersection of the edges of such pavement prolonged.
The easements shall provide that the holder of fee title to the abutting
streets shall have the right to enter the easement area for the purpose
of clearing, pruning or regrading so as to maintain a clear line of
sight in either direction across such triangular area between an observer's
eye 3.5 feet above the pavement surface on one street and an object
one foot above the pavement surface on the other. The initial establishment
of clear sight lines within the sight easement area shall be the responsibility
of the subdivider.
F.
Easements for pedestrian access. The Planning Board
may require, in order to facilitate pedestrian access from streets
to schools, parks, public areas, streets or neighboring areas, the
reservation of perpetual unobstructed easements for such purposes.
A.
Vehicular access. Each lot shall have adequate width
of space between the street frontage giving it vehicular access and
the portion or portions of the lot where parking and loading areas
can be located, allowing for the location of a building or buildings
on the lot. Such width of access to such parking and loading areas
shall be adequate for two directions of vehicular travel, unless a
one-way traffic flow is to be planned, in which case a notation to
that effect shall be placed on the subdivision plat in a form satisfactory
to the Planning Board and Town Attorney.
B.
Traffic flow. Areas planned for off-street parking
and loading on adjoining lots in the subdivision shall be so located
that movement of traffic between adjoining lots will be possible,
thereby minimizing the number of necessary vehicular entrances and
exits crossing the street sidewalk in the subdivision, increasing
safety to pedestrians on the sidewalk, increasing convenience to those
using the lots in the business or industrial subdivision and making
possible a more unified development of business or industrial buildings
in the subdivision. An easement or easements, in form satisfactory
to the Town Attorney, permitting such flow of traffic between parking
areas on adjoining lots shall be indicated on the plat.
C.
Sidewalks. Sidewalks, if deemed necessary and required,
shall be at least four feet in width with a tree planting area of
at least four feet in width along the street curb.
D.
Buffer planting areas. An area at least 30 feet in
width containing a planting screen at least 10 feet in width, or more
if required by the Zoning Ordinance[1] as part of a development plan, shall be reserved along
all boundaries of a lot adjoining a residential zoning district. Where
this part of the lot is on a slope, the buffer area shall be located
at the top of such slope and shall be reasonably level to accommodate
the buffer planting.
E.
Development plan. The applicant for approval of the
subdivision shall cause to be prepared and shall file with the application
a plan showing that a business or industrial development meeting all
the above-described standards, as well as applicable zoning standards
and requirements, is feasible on each of the lots in the proposed
subdivision. The Planning Board shall approve such a plan, which approved
plan shall be filed in the records of the Planning Board with the
approved subdivision plat.
The subdivider may place restrictions on any
of the land contained within the subdivision which are greater than
those required by the Zoning Ordinance.[1] Such restrictions shall be indicated on the final subdivision
plat.
Where the Planning Board finds that extraordinary
hardships may result from strict compliance with these regulations,
it may adjust the regulations so that substantial justice may be done
and the public interest secured, provided that any such adjustment
will not have the effect of nullifying the intent and purpose of these
regulations, the Town Zoning Ordinance,[1] the Town Master Plan or the Official Map of the Town.
In granting any adjustment, the Planning Board shall attach such conditions
as are, in its judgment, necessary to secure substantially the objectives
of the standards or requirements so adjusted.
A.
Preliminary plat. The preliminary plat shall be clearly
marked "preliminary plat," shall be drawn to a scale of one inch equals
50 feet preferably, but not less than one inch equals 100 feet, and
shall show the following information:
(1)
The proposed subdivision name or identifying title,
the name and address of the property owner and the subdivider (if
other than owner), the name and address of the surveyor and/or engineer
preparing the plan, the scale, the approximate true North point and
the date.
(2)
The approximate location and dimensions of all property
lines, the total acreage of the proposed subdivision, the location
of any zoning, special district or municipal boundary lines affecting
the subdivision, including school district, and the names of owners
of record or properties adjoining and directly across the street from
the proposed subdivision.
(3)
The location of all existing structures and pertinent
features, including railroads, water bodies, watercourses, wetlands,
rock outcroppings, wooded areas, major trees and stone walls, that
may influence the design of the subdivision, plus accurate topography
at a vertical contour interval of not more than two feet. The topographic
data shall be determined by field survey unless the Planning Board
specifically waives this requirement and/or permits the substitution
of topographic information obtained from other sources determined
satisfactory for the particular case.
(4)
The location and status of existing streets, easements
and rights-of-way (if any), proposals for the layout of new streets
(including widths and approximate curve radii) and any proposed easements,
rights-of-way and/or reservations.
(5)
The names of existing streets and proposed names for
new streets.
(6)
The proposed arrangement of lots, including identifying
numbers and approximate area and dimensions of each. Map designations
and lot numbers shall be submitted to and approved by the Town Assessor.
(7)
The location, size and nature of any area proposed
to be reserved for park purposes.
(8)
A site location sketch, at a maximum scale of one
inch equals 400 feet, showing the general situation of the applicant's
property with respect to surrounding properties and streets, including
all utility lines. (Note: Marked-up prints of Tax Maps are suggested
for this purpose.)
(9)
Where the preliminary plat includes only a portion
of an applicant's contiguous holding, the applicant shall also indicate,
on a sketch at a scale of not less than one inch equals 100 feet,
the probable future street system, lot arrangement and location of
park and other reservation for the remaining portion of the tract.
Such sketch shall be for the purpose of guiding the Planning Board
in reviewing the proposed preliminary plat and shall include topographic
data with a vertical contour interval of not more than five feet,
plus any other information determined necessary by the Planning Board.
B.
Preliminary construction plans. The preliminary construction
plans shall be drawn at the same scale as the preliminary plat and
shall include the following information:
(1)
The location and sizes of any existing water, sewer,
storm drainage and other utility lines, roadways and other structures
within and nearby the proposed subdivision.
(2)
The proposed system for the provision of water supply
and fire protection facilities, sewage disposal, stormwater drainage
and other utility services.
(3)
Proposed street profiles and cross sections showing
the approximate grade of proposed streets, the relationship of existing
to proposed grades and the proposed vertical curvature along the center
line of all new streets.
C.
Final subdivision plat. The final subdivision plat
shall be drawn clearly and legibly on transparent tracing cloth with
black waterproof ink, at a scale preferably of one inch equals 50
feet but, in any case, no smaller than one inch equals 100 feet. The
sheet size shall not exceed 36 inches by 48 inches. If the size of
the proposed subdivision requires a drawing larger than this, two
or more sheets may be submitted, with match lines clearly indicated,
and an index map shall be prepared on the same size sheet. The final
plat shall contain the following information:
(1)
The proposed subdivision name or identifying title,
the name and address of the owner of record and of the subdivider
(if other than owner), the certification and seal of the registered
engineer or licensed land surveyor who prepared the plat, the names
of the owners of record of adjoining properties and of properties
directly across the street, the graphic scale, the approximate true
North point and the date.
(2)
The location and dimensions of all property and municipal
boundary lines of the proposed subdivision and all existing and proposed
streets, lot lines, easements, rights-of-way and special districts,
with sufficient data to readily determine the location, bearing and
length of all such lines and to reproduce such lines upon the ground.
(3)
The names of all existing and proposed streets.
(4)
The location of all water bodies and watercourses.
(5)
The location of all existing buildings, including
identification of all buildings to be removed as a condition of plat
approval.
(6)
The total acreage included in the entire subdivision,
and the identification number and acreage of all lots and land reservation
within the proposed subdivision.
(7)
The location of all existing and proposed monuments.
(8)
A site location map, at a scale of one inch equals
800 feet, showing the location of the subject property with respect
to neighboring properties and streets.
(9)
Notations explaining any drainage, sight, slope, road
widening, park area or other reservations or easements, as may be
required by the Planning Board, including any self-imposed restrictions
or covenants.
(10)
The following notes, placed upon the plat:
(a)
"No building permit shall be issued to any property
owner within this subdivision other than the owner or applicant unless
all improvements are completed and approved in accordance with the
Planning Board's resolution of approval of this plat."
(b)
"Sanding and other similar maintenance of traffic
to and within the subdivision shall be the responsibility of the developer
until such time as the Town accepts the roads. Further, the developer
acknowledges and agrees to this condition if he requests and is granted
a certificate of occupancy prior to the Town acceptance of the roads."
(11)
An endorsement of approval or statement of no
jurisdiction by the Westchester County Health Department.
(12)
The endorsement of the owner as follows:
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"Approved for filing:
| |
|
| |
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Owner
|
Date"
|
|
(13)
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An endorsement by the Planning Board Chairman
as follows:
|
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"Approved by Resolution No. _____ of the Mount
Pleasant Town Planning Board:
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|
| |
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Chairman
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Date"
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D.
Final construction plans. Final construction plans
and profiles shall be prepared for all proposed streets and other
required improvements. Plans shall be drawn at the same scale as the
final plat and on the same size sheets, but not on the same sheets.
The following information shall be shown:
(1)
Plans and profiles showing the location and a typical
cross section of street pavements, including curbs and gutters, sidewalks,
manholes and catch basins; the location of street trees, streetlighting
and street signs; the location, size and invert elevations of existing
and proposed sanitary sewers, stormwater drains and fire hydrants;
the location and size of all water, gas or other underground utilities
or structures; and the location and design of any other required improvements.
(2)
Profiles showing existing and proposed elevations
along the center line of all streets. Where a proposed street intersects
an existing street or streets, the elevation along the center line
of the existing street or streets within 100 feet of the intersection
shall be shown.
(3)
The Planning Board may require, where steep slopes
exist, cross sections showing existing and proposed elevations of
all new streets every 100 feet at five points on a line at right angles
to the center line of the street, said elevation points to be at the
center line of the street, each property and points 25 feet inside
each property line.
(4)
The location, size, elevation and other appropriate
description of any existing facilities which will be connected to
proposed facilities and utilities within the subdivision.
(5)
Where the design of the subdivision requires the regrading
of land, the regraded contours shall be shown along with estimates
of the quantity of material to be added or removed and the proposed
measures to be implemented by the subdivider to rehabilitate the disturbed
area or areas.
(6)
The title of all sheets, the name, address, signature
and seal of the licensed engineer preparing the construction plans,
the date prepared, including revision dates if any, the approximate
true North point, the scale and consecutive numbering as "Sheet _____
of ______."
(7)
A notation as follows:
|
"All specifications, materials and methods of
construction to be in accordance with the Town Construction Standards
and Specifications and with the requirements of the Planning Board
resolution of approval dated _____________________, 20__."
|
[Added 4-13-2021 by L.L. No. 4-2021]
A.
Definition.
"Cluster development" shall have the same meaning as set forth in
Town Law § 278.
B.
By this
section, the Town Board of the Town of Mt. Pleasant authorizes the
Planning Board of the Town to approve cluster developments simultaneously
with the approval of a plat or plats within the Town's R-40, R-20,
R-10, R-5A, R-3A, R-3AU, and PRDT Zoning Districts in conformance
with Town Law § 278 and the Town Code, where applicable.
C.
Accessory
structures as identified in the Town Code, including, but not limited
to, sheds, fences, pools, detached garages, tennis courts, basketball
courts, etc., proposed during the cluster development process shall
meet the zoning setback regulations in which the cluster development
lies. The Planning Board is granted authority, in its sole discretion,
to waive any setback requirements for accessory structures during
its review of a cluster development.
D.
After
final cluster development approval, if a property owner within the
cluster development seeks to construct an accessory structure as identified
in the Town Code, including, but not limited to, sheds, fences, pools,
detached garages, tennis courts, basketball courts, etc., and said
accessory structure is not on the approved final cluster development
plat, such accessory structure shall comply with the zoning setback
regulations in which the cluster development lies. If the accessory
structure does not comply with the zoning setback regulations in which
the cluster development lies, the property owner shall be required
to seek a variance from the Zoning Board of Appeals.
E.
If a
parcel is located in two different zoning districts, the Building
Inspector shall apply the laws of the more restrictive district.
