In order to facilitate pedestrian access from
roads to schools, parks, playgrounds or other nearby roads, the Planning
Board may require perpetual unobstructed strips of land at least 20
feet in width in fee title to said land to be dedicated to the town.
Such access shall be indicated on the plat of the property to be subdivided.
The land covered by such access shall not be counted in the bulk requirements
of each lot.
Where topography or other conditions are such
as to make impractical and inclusion of utilities or drainage facilities
within road rights-of-way, perpetual unobstructed easements at least
20 feet in width for such utilities or drainage facilities shall be
provided across property outside the road lines and with satisfactory
access to the road. Easements shall be indicated on the plat. Drainage
easements shall be carried from the road to a natural watercourse
or other drainage facilities. When a proposed drainage system will
carry water across private land outside the subdivision, appropriate
drainage rights must be secured by the developer and indicated on
the plat.
Where a subdivision borders an existing road,
the subdivider shall be required to show areas for widening or realigning
such road on the plat, marked "To be gratuitously dedicated to the
town (or county) for municipal purposes." It shall be mandatory to
indicate such reservation on the plat when a proposed widening or
realignment is shown on the Town or County Official Map. Land reserved
for such purposes may not be counted in satisfying minimum yard or
area requirements of the Zoning Law.[1]
The preliminary plat and final plat shall reserve
an easement within which the required shade trees shall be planted.
The shade tree easement shall lie adjacent to the required street
right-of-way of the town and be five feet in width.
A.
No trees shall be removed from any subdivision until
approval of the preliminary plat has been granted.
B.
All trees on the plat required to be retained shall be preserved, and all trees, where required, shall be welled and protected against a change of grade. The sketch plat shall show the number and location of existing trees as required by §§ A176-17 and A176-18, all trees marked for retention and the location of all proposed shade trees to be placed along the street side of each lot as required by § A176-72.
In approving plats, the Planning Board may require
that the land shown on such plats shall be of such a character that
it can be used safely for building purposes without danger to health
or peril from fire, flood or other menace.
Existing features which would add value to residential
development or to the town as a whole, such as watercourses, falls,
beaches, historic spots and similar irreplaceable assets, shall be
preserved in the design of the subdivision. No change of grade of
the land shall be effected until approval of the final plat has been
granted.
If the developer places restrictions on any
of the land contained in the subdivision greater than those required
by the Zoning Law,[1] these subdivision regulations and the Planning Board,
such restrictions or reference thereto may be required to be indicated
on the subdivision plat.
Acceptance of formal offers of all cessions
before signing of the subdivision plat shall rest with the Town Board.
In the event that the applicant shall elect not to file the plat in
the office of the County Clerk within the ninety-day period required
by New York State Town Law and the Haverstraw Town Code, then such
formal offers of cession shall be deemed to be void. The approval
by the Planning Board of a subdivision plat shall not be deemed to
constitute or imply the acceptance by the town of any street, easement
or park shown on said plat. The Planning Board may require said plat
to be endorsed with appropriate notes to this effect.
