The lot arrangement shall be such that there
will be no foreseeable difficulties, by reason of topography or other
conditions, in securing building permits to build on all lots in compliance
with the Zoning Law[1] and Rockland County Health Department regulations and
in providing driveway access to buildings on such lots from an approved
street perpendicular to the street line. Lots shall be so arranged
that they shall preserve natural features.
Where a watercourse separates the buildable
area of a lot from the street by which it has access, provisions shall
be made for the installation of a culvert or other structure, of a
design approved by the Town Engineer.
A.Â
Lot dimensions shall not be less than the minimum
standards of the Zoning Law. Where lots are more than double the minimum
required area for the zoning district, the Planning Board may require
that such lots be arranged so as to allow further subdivision and
the opening of future streets where they would be necessary to serve
such potential lots, all in compliance with the Zoning Law and this
chapter.
B.Â
The subdivider should avoid dimensions of less than
50 feet. Where, for design reasons, it is impractical to retain a
minimum fifty-foot dimension, the area with less than said dimension
shall not be more than 25% of the minimum lot area required by the
Zoning Law. Areas with dimension of less than 25 feet shall not be
computed as part of minimum required for lot area.
In general, side lot lines shall be at right
angles to straight street lines or radial to curving street lines.
Lots shall not, in general, derive access exclusively
from a state or county road. Where possible, access should always
be from the street with the least potential traffic. Where driveway
access from a state or county road may be necessary for several adjoining
lots, the Planning Board may require that such lots be served by a
combined access drive constructed in accordance with the Town Construction
Standards[1] in order to limit possible traffic hazards on such street.
Driveways shall be designed and arranged so as to avoid requiring
vehicles to back into traffic on state or county roads.
A.Â
Dimensions of corner lots shall be large enough to
allow for the erection of buildings, observing the minimum front yard
setback from both streets. No hedge, fence or wall over two feet in
height and no accessory off-street parking space shall be located
within the triangular area prescribed by lines connecting the corner
of the plot and a point on each of the intersecting lot lines forming
said corner located 25 feet from the corner. Shade trees may be permitted,
provided that foliage, branches, etc., do not obstruct motorist visibility
on any street.
B.Â
The Planning Board shall require a sight easement
to be kept clear of any dangerous visual obstruction and encompassing
the above curvature of radius and any additional areas which would,
in the opinion of the Superintendent of Highways, be required in order
to preserve proper site distance at an intersection.
If a tract being subdivided contains a water
body or portion thereof, lot lines shall be so drawn as to distribute
the entire ownership of the water body among the fees of the adjacent
lots. The Planning Board may approve an alternative plan whereby the
ownership and responsibility for safe maintenance of the water body
is placed so that it will not become a town responsibility. No more
than 25% of the minimum area of a lot required under the Zoning Law[1] may be satisfied by land which is underwater.
If a tract being subdivided contains a power
line or gas transmission line easement or portion thereof, the lot
lines shall be drawn so as to have the center line of the easement
fall along the lot line. No more than 25% of the minimum area of a
lot required under the Zoning Law may be satisfied by land included
within the easement.
Where, pursuant to resolution of the Town Board,
the Planning Board is empowered to modify applicable provisions of
the Zoning Law of the Town of Haverstraw in accordance with the provisions
of § 281 of the New York State Town Law for the purpose
of enabling and encouraging flexibility of design and development
of land in such a manner as to promote the most appropriate use of
land, to facilitate the adequate and economic use of streets and utilities
and to preserve the natural and scenic qualities of open lands, the
following shall be the procedure and standards:
A.Â
General procedure. A subdivider may request the application of § 281 of New York State Town Law simultaneously with or subsequent to the presentation of the sketch plat as per procedure described in § A176-17. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plat review.
B.Â
Documentation. A subdivider shall present, along with
a proposal in accordance with the provisions of § 281 of
New York State Town Law, a standard sketch plat which is consistent
with all the criteria established by this chapter, including but not
limited to streets being consistent with the Construction Standards[1] and lots being consistent with the requirements of the
Zoning Law,[2] good planning practices and this Article of this chapter.
C.Â
Town Board review. Upon the recommendation of the
Planning Board, the sketch plat shall be submitted to the Town Board
for its approval of the utilization of the procedures in § 281.
If the application of this procedure results in a plat showing land
available for park, recreation, open space or other municipal purposes
directly related to the plat, then conditions as to the ownership,
use and maintenance of such lands as are necessary to ensure the preservation
of such lands for their intended purposes shall be set forth by the
Planning Board, subject to the approval of the Town Board.
D.Â
Town Board approval. Upon determination by the Town
Board that such sketch plat is suitable for the procedures under § 281
and subsequent to the resolution authorizing the Planning Board to
proceed, a preliminary plat meeting all of the requirements of the
resolution shall be presented to the Planning Board, and thereafter
the Planning Board shall proceed with the required public hearings
and all other requirements of these regulations.
E.Â
Filing with County Clerk and Town Clerk. Upon filing
a final subdivision plat in the office of the County Clerk in which
§ 281 has been applied, the subdivider shall file a copy
with the Town Clerk, who shall make appropriate notations and references
thereto in the Zoning Map.[3] The Town Clerk shall notify the Building Inspector when
such a plat has been filed.
[3]
Editor's Note: The Zoning Map is on file in
the office of the Town Clerk.
