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 Town Plan. Subdivision shall conform to the Official Map of the town and shall conform to Chapter 155, Zoning.
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, cut and fill, and to retain,
insofar as possible, the natural contours, limit stormwater runoff,
and 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 the laying out of streets
shown thereon.
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.
E.
Specifications for required improvements. All required
improvements shall be constructed or installed to conform to town
specifications, which may be obtained from the Town Clerk.
A.
General. Streets shall conform to current town highway
specifications and 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's development plan and in conformance to the Official
Map, if such exists, in location and design.
B.
Relation to topography. Streets shall be logically
related and 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 when such continuation is
in accordance with the Town 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 "T" in accordance with Town highway
specifications 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.
[Amended 7-13-2021 by L.L. No. 3-2021]
D.
Treatment of major streets.
(1)
In residential areas. Where a subdivision abuts or
contains an existing or proposed major street, the Town Board or authorized
agent 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 Town Board or its authorized agent 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. The Town Board or its authorized agent may require the
reservation of a fifty-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"
in accordance with the Town highway specifications shall be provided
at the end of permanent dead-end streets.
[Amended 7-13-2021 by L.L. No. 3-2021]
F.
Street names.
(1)
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.
(2)
The developer shall be responsible for the supply
and erection of street signs in accordance with the town highway specifications.
G.
Intersections.
(1)
Design. Intersections of state highways 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 2%. 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 diagonally 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. When 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.
Block dimensions shall be at least twice the
minimum lot depth and generally at least 400 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.
Buildable lots. 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 the Town
Law 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 building, observing the minimum front
yard setback from both streets.
B.
Side lot lines. Side lot lines shall 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 streets. (See § 133-17D, Treatment of major streets.)
D.
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 Board or its authorized agent.
E.
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 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 zoning regulations
may be covered by water.
A.
Parks and open space.
(1)
General. In accordance with § 277 of the
Town Law, the Planning Board may require either the reservation of
land for park or recreational purpose or payment of a fee to a trust
fund to be used for recreational purposes in the area of the subdivision.
(2)
Reservation of land. The Planning Board may require
the reservation of land for a park or recreational purposes to be
reserved on the plat, but in no case to be more than 10% of the gross
area of the subdivision. The location of such reservation shall be
in accordance with the Town Plan or Official Map, if such exist, or
otherwise where the Planning Board shall deem such reservation to
be appropriate. In general, such reservations should have an area
of at least two acres and have adequate street access.
(3)
Payment of fee. Where the Planning Board deems that
the reservation of land would be inappropriate, the Planning Board
may waive the requirement of land reservation, on the condition that
the subdivider deposits a cash payment in lieu of land reservation
with the Secretary of the Planning Board. Such payment shall be placed
in a trust fund to be used exclusively for the purchase and development
of neighborhood sites for parks, playgrounds, or other recreational
purposes. The amount of such payment shall be computed by the Planning
Board. This fee shall be paid upon tentative approval of the final
plat.
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 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 rights-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, in order to facilitate pedestrian access from streets
to schools, parks, playgrounds, or other nearby streets, perpetual
unobstructed easements at least 20 feet in width.
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.
G.
Monuments and improvements.
(1)
Monuments and markers. Monuments shall be placed at
all block corners, angle points, points or curvature and points of
tangency in streets and at intermediate points as required by the
Town Board or its authorized agent. 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 Superintendent
of Highways or his authorized agent shall be placed at all points
where road lines intersect plat boundaries and at all lot corners.
(2)
Street improvements. Streets shall be graded and improved
with pavement and street signs in accordance with town highway specifications.
Where 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 connection 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 Board or its authorized agent, who shall require that
all pertinent town standards and specifications shall be met.
(3)
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 least
possible damage to improvements and structures or as may be approved
by the Town Board or its authorized agent.
(4)
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
Board, stating that such public utility company will make the installations
necessary for the furnishing of its services within a specified time,
in accordance with the approved subdivision plat.
(5)
Central water and sewage facilities. Where central
water and/or central sewage for a subdivision is required by the Planning
Board or other governmental agency or where central water and/or central
sewage is to be placed in the subdivision by the developer, said systems
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 facilities.
In the event the Planning Board deems it necessary,
it may retain professional consultants to aid said Planning Board
in arriving at decisions concerning any particular subdivision. The
fee of the professional consultant shall be paid by the subdivider
whose subdivision is being reviewed by said professional consultant.
A deposit of 50% of the estimated fee is required from the subdivider
or his agents at the beginning of each phase of review by the Planning
Board. The subdivider may appeal the decision of the Planning Board
under the provisions of this section to the Town Board.
