[Amended 2-9-2004 by L.L. No. 1-2004]
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 menaces.
B.
Treatment of unique features. Existing features of
the site which would add value to residential or other development,
such as desirable trees, water bodies and watercourses, historic spots
and similar irreplaceable assets, should be preserved through harmonious
design of the subdivision.
C.
Conformity to Official Map and Comprehensive Plan.
Subdivisions shall conform to the streets and parks shown on the Official
Map of the town, as may be adopted, and shall be properly related
to the Town Comprehensive Plan as it is developed and adopted by the
Town Planning Board.
[Amended 2-9-2004 by L.L. No. 1-2004]
The layout and design of streets, roads and driveways shall be governed by the applicable provisions of Chapter 38, Design Criteria.
The following regulations shall govern the layout
of lots:
A.
The lot size, width, depth, shape, orientation and
the minimum building setback lines shall be appropriate for the location
of the subdivision and for the type of development and use contemplated.
B.
All lots shown on the subdivision plat must conform to the minimum requirements of Chapter 95, Zoning, as to area and dimensions for the zone in which the subdivision is located. However, in the event of utilizing § 278 of the Town Law, the Planning Board may use its discretion in determining lot sizes.
C.
Each lot shall abut on a street built to the town's
specifications. The exception to this might be when § 278
of the Town Law or a planned unit development (PUD) approach is planned
with private drives.
D.
Corner lots shall have extra width sufficient for maintenance of required building lines on both streets as required by Chapter 95, Zoning.
E.
Where extra width has been dedicated for widening
of existing streets, lots shall begin at such extra width line, and
all setbacks shall be measured from such line.
F.
Side lines of lots shall be at right angles to straight
streets and radial to curved streets.
G.
Where there is a question as to the suitability of
a lot or lots for their intended use due to factors such as rock formations,
flood conditions or similar circumstances, the Planning Board may,
after adequate investigation, require modification of such lots.
H.
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 95, Zoning, and to provide for convenient access, circulation control and safety of street traffic.
I.
Blocks intended for commercial or industrial use shall
be designed specifically for such purposes, with adequate space set
aside for off-street parking and delivery facilities.
J.
Double frontage lots will not, in general, be approved.
K.
Where lots abut existing town, county, state or federal
streets, marginal access roads or a reverse frontage approach shall
be used with a minimum number of driveways and/or streets entering
onto these roads.
[Amended 2-9-2004 by L.L. No. 1-2004]
Easements for the installation and maintenance of public utilities, and along drainageways and watercourses, shall be required, of such width and design as shall comply with the applicable provisions of Chapter 38, Design Criteria.
A.
All lot areas which are not covered by structures
or paving shall be properly seeded by the developer.
B.
When a proposed subdivision borders upon an existing
commercial or industrial establishment or any other use which, in
the opinion of the Planning Board, may be visually detrimental to
the tranquillity of the future residents of the subdivision, the Planning
Board will require a landscape screen to buffer the subdivision from
the visually noncompatible use. The setback from residential land
is to be a minimum of 100 feet, with the last 50 feet thoroughly landscaped.
A.
Topsoil moved during the course of construction shall
be redistributed so as to provide at least six inches of cover to
all areas of the subdivision and shall be stabilized by seeding or
planting. At no time shall topsoil be removed from the site without
written permission from the Planning Board.
B.
To the fullest extent possible, all existing trees
and shrubbery shall be conserved by the subdivider. Special consideration
shall be given to the arrangement and ultimate improvement or development
of the lots to this end. Precautions shall also be taken to protect
existing trees and shrubbery during the process of grading the lots
and roads. In order to allow for use of the land for a lot or lots,
where there is a question as to the desirability of removing a group
of trees which serves to add interest and variety to the proposed
subdivision, the Planning Board may, after proper investigation, require
modification of such lots. Where any land other than that included
in public rights-of-way is to be dedicated to the public use, the
developer shall not remove any trees from the site without written
permission from the Planning Board.
C.
Where a subdivision is traversed by a natural lake,
pond or stream, the boundaries or alignment of said watercourse shall
be preserved unless, in the opinion of the Planning Board, a change
or realignment will enhance the development and beauty or the subdivision
or the utilization of such features by the future residents of the
subdivision. All proposed changes in watercourse alignment shall be
in accordance with the New York State Department of Environmental
Conservation.
D.
Unique physical features, such as historic landmarks
and sites, rock outcroppings, hilltop lookouts, desirable natural
contours and similar features, shall be preserved if possible.
E.
The subdivider shall not be permitted to leave any
surface depressions which will collect pools of water except when
specifically designed for the purpose of retaining water.
F.
The subdivider shall not be permitted to leave any
hills or mounds of dirt around the tract. All surfaces shall be restored
within six months of the time of the completion of the section of
the subdivision.
A.
Mapping. If any portion of the land within the subdivision
is subject to inundation or flood hazard by stormwater or lies within
a flood hazard area as designated by the Federal Flood Insurance Administrator
in accordance with the Flood Disaster Protection Act of 1973, such
tract and portion shall be clearly indicated on the preliminary plat,
with a prominent note on each sheet of such map whereon any such portion
shall be shown.
B.
Use. The subdivider shall conform to land use and
control measures required by the Flood Insurance Administrator or
for flood hazard areas in accordance to the Flood Disaster Protection
Act of 1973.
C.
Flood hazard prevention.
(1)
Flood hazard prevention shall include the control
of soil erosion of land surface and drainage channels and the prevention
of inundation and excessive groundwater seepage by comprehensive site
grading and the establishment of adequate elevations of buildings,
building openings and roadways above the observed, anticipated or
computed water levels of storm sewers, streams, channels, floodplains,
detention basins and swales.
(2)
Particular attention shall be paid to development
in the vicinity of Black Creek and its floodplain, and no alteration
of the existing characteristics of the areas shall take place without
the specific approval of the Town as to the adequacy of the protective
measures taken, if any, and the effects of such development on upstream
and downstream reaches of the watercourse and adjacent properties.
(3)
All development proposed within the special flood
hazard area, as defined by the Federal Insurance Administrator, shall
comply with the various regulations set forth by the Federal Insurance
Administrator.
(4)
Development within or adjacent to the floodplain or
floodplain district shall comply with current Town zoning ordinances
and regulations.
The owner may place restrictions on the development greater than those required by Chapter 95, Zoning. Such restrictions, if any, shall be indicated on the preliminary and final subdivision plat.
The Planning Board, by resolution, may modify
the specified requirements in any individual case where, in the Board's
judgment, such modification is in the public interest or will avoid
the imposition of unnecessary individual hardship. All modifications
shall be shown on the final subdivision plat.
A.
Pursuant to § 277 of the Town Law, subdivision
plats shall show, in proper cases and when required by the Planning
Board, suitable areas for neighborhood parks or playgrounds.
B.
When such recreation areas are required by the Planning
Board, they shall be provided on the basis of at least three acres
for every 100 families to be accommodated within the subdivision.
They shall have physical characteristics and locations which render
them readily usable for appropriate recreation purposes, and their
locations shall be selected with a view to minimizing hazards from
vehicular traffic for children walking between such facilities and
their homes in the neighborhood. No such area may be smaller than
two acres and, in general, any recreation area of less than four acres
shall be located at a suitable place on the edge of the subdivision
so that additional land may be added at such time as the adjacent
land is subdivided.
C.
The subdivision plat shall include a detailed site
development plan for each neighborhood park or playground. As a minimum,
the site development plan shall provide for an approximately level
area at least 175 feet square for children's field games. The site
plan shall show how the entire area is to be graded, drained and landscaped
to make it a useful and attractive feature of the neighborhood. All
improvements shown on the site development plan shall be made by the
subdivider as part of the required improvements of the subdivision
as a whole.
D.
If the Planning Board does not require the developer
to provide recreation areas as above, they shall require the developer
to pay a playground or recreation site and development fee at a rate
per lot to be set by the Town Board. Such fee shall be paid to the
Town at the time of the issuance of a building permit for new residential
construction. Such fees shall be deposited in the Town of Riga Recreation
Account -- Special Fund and shall be exclusively for the use of the
Recreation Commission to purchase, acquire, develop and equip park,
playground and other recreational areas.
