The Planning Board, in considering an application
for the subdivision of land, shall be guided by the following considerations
and standards, which 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 such uses as shall not involve such danger
nor produce unsatisfactory living conditions.
B.
Preservation of natural and historical features.
[Amended 2-9-1993 by L.L. No. 4-1993]
(1)
Land to be subdivided shall be designed in reasonable
conformity to existing topography in order to minimize grading and
cut and fill and to retain, insofar as possible, the natural contours,
to limit stormwater runoff and to conserve the natural vegetative
cover and soil. No tree, 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 construction plans. 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 and historical features that are
of ecological, aesthetic or scenic value to residential development
or to the Town as a whole, such as wetlands, watercourses, water bodies,
floodplains, aquifers and aquifer recharge areas, stands of trees,
wildlife habitats, hilltops, ridge lines, steep slopes, rock formations,
stone walls, historic sites and structures, archaeological sites 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
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 improvement shall be a condition of subdivision approval. Notwithstanding any provision of this chapter to the contrary and except with respect to the application of § 281 of the Town Law, the subdivision of property into lots having no street frontage and for which access to a street is derived by way of an easement shall be prohibited. Relief from this provision may be granted only upon application to and after hearing on due notice to the parties by the Zoning Board of Appeals upon a showing of unnecessary hardship as required in connection with the granting of a use variance pursuant to § 60-421.2 of Chapter 60, Zoning.
[Amended 2-11-1991 by L.L. No. 1-1991]
E.
Westchester County Greenway Compact Plan. By Local Law No. 5 of the Year 2007, the Town of New Castle has adopted the Westchester County Greenway Compact Plan, as amended from time to time and accepted by the Town of New Castle as set forth in Chapter 136, as a statement of policies, principles, and guides to supplement other established land use policies in the Town. In its discretionary actions under this chapter, the reviewing agency should take into consideration said statement of policies, principles and guides, as appropriate.
[Added 5-8-2007 by L.L. No. 5-2007]
F.
Required
model ordinance provisions affordable AFFH unit component. Within
all subdivisions of at least eight but less than 10 building lots,
at least one of the building lots must be created as a lot on which
a model ordinance provisions affordable AFFH unit will be located,
and within all subdivisions of 10 or more building lots, no less than
10% of the total number of building lots must be created as lots on
which model ordinance provisions affordable AFFH units will be located.
No preferences shall be used to prioritize the selection of income-eligible
tenants or purchasers of any model ordinance provisions affordable
AFFH unit created under this section.
[Added 8-9-2011 by L.L. No. 10-2011]
[Added 2-8-1999 by L.L. No. 2-1999]
In accordance with the Town Board authorization
contained in § 60-428 of the Town Code, the Planning Board
may, upon application of the property owner, or upon the Planning
Board's own motion, modify applicable zoning provisions simultaneously
with the approval of a subdivision plat in order to promote the purposes
and intent of that section. Any such action shall be taken within
the limitations imposed by § 278 of the Town Law and § 60-428
of the Town Code, as well as in compliance with the following rules
and regulations:
A.
An applicant desiring to use the standards set forth in § 60-428 of the Town Code shall file, with the Planning Board, the application and plans required for subdivision review and approval as set forth in Chapter 113, Subdivision of Land. Such application and plans shall have clearly marked upon their face that said plan is for development in accordance with these standards. The applicant shall also submit a written, detailed statement setting forth the nature of modifications, changes or supplementations of existing zoning provisions and the reasons for the same. Such statement shall include the manner in which such modifications, changes or supplementations of existing zoning provisions will benefit the Town and will further the public health, safety or welfare. The applicant may be required, at various stages of the planning process, to further justify the request to use the standards and procedures set forth in § 60-428 of the Town Code. The applicant shall also provide such additional information or data in support of its application as may reasonably be determined to be necessary by the Planning Board. Such application, and additional information or data, shall also be submitted in an electronic file format.
[Amended 3-27-2012 by L.L. No. 1-2012]
B.
Prior to the Planning Board determining whether and
to what extent any modifications of the otherwise applicable zoning
provisions shall be required of an applicant who has not requested
such modifications, said Board shall determine that the modifications
would benefit the Town by satisfying one or more of the purposes set
forth in § 60-428 of the Town Code; and the modifications
are necessary to satisfactorily achieve one or more of the following
specific objectives:
(1)
The preservation of a unique or significant
natural feature of the site, including but not limited to a vegetative
feature, wildlife habitat, surface water supply, underground aquifer,
endangered species, rock formation and steep slopes.
(2)
The protection of a unique or significant feature
of the man-made environment of the site, including but not limited
to a building, structure or artifact of architectural, historical
or archaeological value.
(3)
The preservation of any unique or significant
aesthetic feature of the site, including but not limited to a community
vista, ridgeline or roadside character.
(4)
The creation of useful recreation or open space
areas, whether passive or active, to serve the needs of the residents
of the subdivision or of the town.
(5)
The creation of the most efficient layout of
new subdivisions, including the shape or location of house sites,
driveways or roads.
(6)
The protection of any other unique or significant
feature of the site which the Planning Board determines to be important
for recreation, education, historic, open space or similar purposes.
C.
Where the Planning Board on its own motion has required
a zoning modification not requested by the property owner, the degree
of such required modification shall be to the extent necessary to
properly accomplish the objective or objectives associated with the
criteria set forth above in the judgment of the Planning Board.
D.
In the case of modifications of applicable zoning
provisions required on the Planning Board's own motion, said Board
shall notify the applicant, in writing, of the specific modifications
which will be required. Such notification shall occur prior to the
time of conditional approval of a preliminary subdivision plat. The
required modifications shall then become a mandatory condition which
must be complied with as a part of the final plat application.
E.
In addition to compliance with the special requirements
and procedures for close conservation development, such development
shall also be subject to review and public hearing by the Planning
Board in accordance with the procedures otherwise applicable to conventional
subdivision plats.
F.
Upon the filing of a conservation development plat
in the office of the Westchester County Clerk, a copy shall also be
filed with the Town Clerk, who shall make appropriate notations and
references thereof on the official copy of the Town Zoning Map.
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 by police,
fire-fighting, snow-removal and other utility and 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-street (four-cornered) intersections
shall be avoided insofar as possible, except at important traffic
locations. A distance at least equal to the minimum required lot width
but not less than 150 feet shall be maintained between center lines
of offset intersecting streets. Within 70 feet of the center of an
intersection, streets shall be at approximately right angles, and
grades shall be limited to 3%. Wherever two streets intersect at an
angle of less than 75°, special pavement, channelization, right-of-way
and/or sight easement restrictions may be required by the Planning
Board.
[Amended 2-9-1993 by L.L. No. 4-1993]
D.
Continuation of streets into adjacent properties.
[Amended 2-26-1980]
(1)
The arrangement of streets shall provide for their
continuation between adjacent properties where such continuation is
determined necessary by the Planning Board for proper traffic movement,
effective fire protection, efficient provision of utilities, snow
removal and other services and/or where such continuation is in accordance
with the Town Development Plan. Alternatively, if a street continuation
is not determined by the Planning Board 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.
(2)
Where a continuation of a street beyond the boundaries
of a subdivision is determined to be warranted by the Planning Board
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. Where the Planning
Board, for reasons of traffic safety or efficiency, adequacy of emergency
access or for such other purposes as set forth above, determines that
the length of a temporary dead-end street should be limited until
such time as it can be connected through in the future, the Planning
Board shall so limit the length of such streets to the extent determined
necessary by said Board based upon the specific circumstances of the
proposed plat.
(3)
Where a turnaround exists at the end of a street within
an adjoining development to which a proposed street is to connect,
the applicant may be required to remove the portions of the turnaround
pavement outside the normal width of the traveled way, perform any
necessary reconstruction of the pavement edge, construct continuation
of any existing driveways to the new pavement edge and regrade and
seed and drain the disturbed areas in such a manner as to blend them
in with the surrounding landscape.
E.
Permanent dead-end streets.
[Amended 2-26-1980]
(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)
For purposes of traffic convenience and safety, greater
efficiency in providing utilities and services, more effective police
and fire protection and for such other purposes as are set forth in
this Code, the Planning Board may limit the length of any permanent
dead-end street to eight times the minimum lot width for the zoning
district in which it is located, exclusive of the turnaround area,
or to such other length in excess thereof as said Board determines
appropriate after considering the specific circumstances of the proposed
plat.
F.
Street names. Street names shall be sufficiently different
in sound and in spelling from other street 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:
(1)
Avenue, street or road: major or collector street.
G.
Design standards for streets. Streets shall meet the design standards set forth in Appendix I hereof.[1] Street classification may be indicated on the Town Development
Plan or may be determined by the Planning Board. Standards are not
shown for major roads, which in most cases would be built by the state
or county.
[1]
Editor's Note: Appendix I, Design Standards for Streets, is included at the end of this chapter.
H.
Solar access. To permit maximum solar access to proposed
lots and future buildings wherever reasonably feasible and consistent
with other appropriate design considerations, new streets shall be
located on an east-west axis to encourage house siting with maximum
exposure of roof and wall areas to the sun.
[Added 9-14-1982]
[Amended 2-9-1993 by L.L. No. 4-1993]
Streets shall be graded and improved with pavement,
sidewalks, gutters and curbs or swales, shoulders, streetlighting
standards, street signs, street trees, water mains, sanitary sewers,
storm drains, fire alarm signal devices, fire hydrants and other,
utilities, except that the Planning Board may waive, subject to appropriate
conditions, such improvements as it considers 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.
A.
The subdivider may be required by the Planning Board
to carry away by pipe or open ditch 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.
B.
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 one-hundred-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.
C.
The Planning Board may also require the subdivider
to prepare a study of the effects of the subdivision on existing downstream
drainage facilities. Where such study or the Planning Board, after
an independent analysis, determines 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.
In order to assure 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.
A.
Monuments.
(1)
Monuments shall be required wherever deemed necessary
by the Planning Board to enable all lines to be readily reproduced
on the ground. In general, monuments shall be located no more than
500 feet apart on street lines, preferably at street, lot or easement
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.
(2)
Monuments shall be set vertically in solid ground
three inches above ground surface 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.
B.
Traffic control and street signs. Traffic control
and street signs shall be provided by the subdivider and placed at
all intersections, within the street right-of-way, and in other locations
as required by the approving authority. In the case of traffic control
signs, their type and location shall be approved by the Chief of Police
of the Town of New Castle, and in the case of street signs, by the
Superintendent of Highways of the Town of New Castle.
C.
Streetlighting standards. Where required by the Planning
Board, streetlighting standards, of a design and location approved
by said Board, shall be provided and installed by the subdivider.
D.
Sanitary sewers and sewerage facilities; water mains
and water supply facilities; fire hydrants. Where required by the
Planning Board, the subdivider shall install sanitary sewers and sewerage
facilities and/or water mains and water supply facilities 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.
E.
Dry hydrants. Where the installation of water mains
and fire hydrants is not required, the Planning Board may require
the installation of dry hydrants where it is determined that such
hydrants are desirable and a satisfactory source of water supply can
be made available. 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.
Dry hydrant hose connections shall be located at suitable points along
improved streets. Such dry hydrants shall be installed and constructed
in accordance with specifications approved by the Town Engineer.
F.
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.
G.
Street trees. The Planning Board may require the planting
of street trees. Such trees shall be of a hardwood variety indigenous
to the neighborhood and shall be at least four inches caliper at a
height of four feet above ground 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
75 feet on center.
H.
School bus pickup areas. 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, and no dimension
shall be less than eight 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.
[Added 4-9-1974; amended 9-27-1977; 9-13-1988 by L.L. No. 16-1988]
Within areas of special flood hazard, the Planning Board shall also review subdivision proposals for compliance with the requirements of Chapter 70, Flood Damage Prevention.
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 Chapter 60, Zoning, Chapter 64, Environmental Protection Overlay Regulations if the property is located within an Environmental Protection Overlay District, Chapter 70, Flood Damage Prevention, Chapter 108, Steep Slope Protection, Chapter 137, Wetlands, and the County Health Department regulations and in providing adequate driveway access to buildings on such lots from an approved street in compliance with the driveway requirements of Chapter 60, Zoning. The Planning Board shall review the arrangement of the lots to assure that they can be developed without unnecessary disturbance to unique natural and historical features of the site. The Planning Board shall also consider the arrangement of lots with respect to the promotion of energy conservation and the maximization of solar access.
[Amended 9-14-1982; 9-13-1988 by L.L. No. 16-1988; 2-9-1993 by L.L. No. 4-1993; 7-23-2002 by L.L. No. 5-2002]
B.
Lot dimensions.
[Amended 2-11-1991 by L.L. No. 1-1991]
(1)
Except as provided elsewhere in these regulations
or otherwise permitted by the Town Board, lot areas and dimensions
shall comply with at least the minimum standards of the Zoning Ordinance
for the district in which they are located. Where relief from the
frontage requirement has been granted by the Zoning Board of Appeals
pursuant to § 60-421.2 of the Zoning Ordinance, the lot
line which is generally parallel to and nearest the street from which
the lot derives access shall be deemed the front lot line. A yard
equal to the required front yard shall be provided with respect to
any lot line at an angle of 45° or less to the street and located
between the street and a principal building contained thereon if such
line is wholly or partially in front of said building, as well as
with respect to any lot line that is generally opposite the front
facade of the principal building located on said lot. A yard equal
to the required rear yard shall be provided with respect to any side
lot line at an angle of 45° or less to the street if such line
is wholly or partially behind the principal building, as well as with
respect to any lot line that is generally opposite the rear facade
of the principal building located on said lot. 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 Zoning Ordinance and with 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.
(2)
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 provide a better street
or lot arrangement. Dimensions of corner lots and double-frontage
lots shall be large enough to allow for erection of buildings observing
the minimum front yard setback from all streets.
(3)
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 a size and relationship
to the proposed street system that the structure will be an appropriate
and harmonious part of the subdivision.
C.
Density averaging. In an R-2A (two-acre) One-Family
Residence District, if the subdivider can demonstrate to the satisfaction
of the Planning Board that unusual topographic conditions exist, or
where lot sizes of abutting properties are less than two acres, the
Board may, at the request of the subdivider made at the time of submission
of the preliminary plat, permit averaging the density as permitted
by resolution of the Town Board adopted June 28, 1960,[1] and subject to the following:
(1)
No lot shall be less than 1.5 acres.
(2)
For the purpose of computing the average size of lots,
only the land area available for building lots can be considered and
all other portions of the subdivision shall be excluded, and the acreage
in excess of 3.5 acres of any single lot shall be excluded.
(3)
In no subdivision shall the number of lots having
less than two acres exceed 25% of the total number of building lots.
(4)
The preliminary plat, in addition to the above considerations,
shall show the layout of lots in the entire development.
[1]
Editor's Note: The resolution adopted by the
Town Board of the Town of New Castle on June 28, 1960, read as follows:
"RESOLVED, that the Planning Board of the
Town of New Castle be, and it hereby is, granted the power under § 281
of the Town Law, simultaneously with the approval of a plat within
the Town of New Castle outside the limits of the Village of Mount
Kisco, to make any reasonable change in the provisions of the Zoning
Ordinance of the Town of New Castle relating to the land so platted
as shown on the Official Zoning Map of said town, provided that, in
addition to the restrictions contained in said § 281, the
power hereby granted is further restricted as follows:
A. It shall apply to R-1 (two-acre) Districts
[Editor's Note: The former R-1 (two-acre) Districts are known as R-2A
(two-acre) Districts in the current Zoning Ordinance adopted June
21, 1971.]
B. It shall be subject to amendment of the
Land Subdivision Regulations of the Planning Board of the Town of
New Castle, Westchester County, New York following a public hearing
by the Planning Board, and subsequent approval by the Town Board of
the Town of New Castle."
D.
Access from major and collector roads. Lots shall not, in general, derive access from a major or collector road but shall derive access from a local road. Where driveway access from a major or collector road may be necessary for two or more adjoining lots, the Planning Board may require that such lots be served by a common access driveway in order to limit the possible traffic hazard on such street. Any such driveways, where permitted, shall be designed in compliance with § 113-31 hereof.
[Amended 2-9-1993 by L.L. No. 4-1993]
E.
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.
F.
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 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.
G.
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.
H.
Subdivisions with land in two or more zoning districts
or municipalities.
(1)
In general, a lot should not be divided by a zoning
district or municipal boundary. If it is, however, 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 New Castle.
(2)
Whenever 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 ..............,
19 ...."
[Added 2-9-1993 by L.L. No. 4-1993[1]]
A.
Where the Planning Board determines that it would be appropriate for traffic safety, environmental conservation or other similar public purposes, as set forth in this chapter and/or the Town Development Plan, for two or more lots to be served by a shared driveway, it may require that access to such lots be by means of a single common access driveway and shall be responsible for approving its design and location. Except as set forth below, no more than three lots may be served by such a single common access driveway. In unusual circumstances arising out of the Planning Board's desire to further advance the objectives set forth above, said Board may permit up to four lots to be served by a common access driveway. Vehicular traveled ways serving more than four lots shall be designed and constructed in accordance with the requirements of § 113-24G hereof.
B.
Design and construction standards for common access driveways. Common access driveways shall meet the design and construction standards set forth in Appendix II hereof.[2] The Planning Board may vary the standards specified therein
only where it finds that, owing to traffic safety, environmental or
other specific characteristics of the site, strict compliance with
said standards is not in the public interest.
[2]
Editor's Note: Appendix II is included at the end of this chaper.
C.
Additional requirements for common access driveways.
As a condition of Planning Board approval, the applicant shall be
required to submit in recordable form satisfactory to the Town Counsel
an instrument establishing the access easement(s) over and providing
for the maintenance of the common access driveway(s).
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.
A.
Park reservations.
[Amended 9-12-1995 by L.L. No. 9-1995]
(1)
General standards. Consistent with the provisions
of § 277 of the Town Law, in a proper case the Planning
Board may require that land be reserved within subdivisions for a
park or parks suitably located for playground or other recreational
purposes. Such locations shall be as designated on the Town Development
Plan or Official Map or as otherwise deemed appropriate by the Planning
Board. Each reservation shall be of suitable size, dimensions, topography
and general character and shall have adequate street access for the
particular purpose or purposes envisioned by the Planning Board. The
area shall be shown and marked on the plat as "Reserved for Park Purposes."
(2)
Minimum size.
(a)
Where the reservation of park areas is required,
the Planning Board shall determine the minimum acreage to be reserved
from the following table:
|
Zoning District
|
Minimum Percentage of Land in Subdivision
to be Reserved for Park Purposes
(acres)
| |
|---|---|---|
|
R-2A
|
3
| |
|
R-1A
|
5
| |
|
R-1/2A
|
8
| |
|
R-1/4A
|
12
|
(b)
In general, sites reserved for park purposes
shall have an area of at least three acres. The Planning Board may
require the location of such areas along the boundary of a subdivision
so that additional land may be added at such time as the adjacent
property 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. Consistent with
the provisions of § 277 of the Town Law, in a proper case
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 appropriate or 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. Such fee shall be set forth by resolution of the Town Board
in the Master Fee Schedule, which may be amended.
[Amended 9-10-2002 by L.L. No. 8-2002]
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 realignment 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 area requirements of the
Zoning Ordinance.[1]
C.
Utility and drainage easements.
(1)
Where topographic 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
15 feet in width 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)
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.
Slope 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 or neighboring areas, the reservation of perpetual
unobstructed easements at least 10 feet in width for such purposes
and the construction of walkways thereon.
