The purpose of this article is to ensure that the highest standards of site, building and landscape design are conscientiously met through the use of qualified technical and aesthetic judgment, compatible with the Master Plan of the Town of Tuxedo. In acting upon plats, the Planning Board shall require among other conditions, in the public interest, that the tract shall be adequately drained and the streets shall be of sufficient width and suitable grade and suitably located to accommodate the prospective traffic and to provide access for fire-fighting equipment to buildings. The Planning Board shall further require that all lots shown on the plats shall be adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace. Required improvements shall be designed and constructed to conform to the specifications as established by the Town. In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. Said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in §§ 85-33 and 85-34 herein.
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.
C.
Specifications for required improvements. All required
improvements shall be constructed or installed toe conform to the
Town specifications and these regulations and shall be subject to
approval of the Town Engineer.
D.
Land design. The development of land for residential subdivisions shall comply with the land development plan as set forth in § 85-27C. In general, all residential development must form patterns of settlements consisting of not more than 30 house sites, each settlement separated by open space areas. In general, residences will have frontage on a local street.
A.
Width, location and construction. Streets shall be
of sufficient width, suitably located and adequately constructed to
conform to the Master Plan and to accommodate the prospective traffic
and afford access for fire-fighting, snow removal and other road maintenance
equipment. The arrangement of streets shall be such as to cause no
undue hardship to adjoining properties and shall be coordinated so
as to compose a convenient system.
B.
Arrangement. The arrangement of streets in the subdivision
shall provide for the continuation of principal streets of adjoining
subdivisions and for proper projection of principal streets into adjoining
properties which are not yet subdivided, by use of stub streets, in
order to make possible necessary fire protection, movement of traffic
and the construction or extension, presently or when later required,
of needed utilities and central services such as sewers, water and
drainage facilities. Where, in the opinion of the Planning Board,
topographic or other conditions make such continuance undesirable
or impracticable, the above conditions may be modified. The subdivision
street traffic network shall provide an orderly local access progression
from marginal streets to collector streets to main highway and shall
include a continuous network of public pedestrian walks, either independent
or incorporated within vehicular rights-of-way, to connect all properties
and public areas.
C.
Minor streets. Minor streets shall be so laid out
that their use by through traffic will be discouraged.
D.
Special treatment along major arterial streets. When
a subdivision abuts or contains an existing or proposed major arterial
street, the Planning Board may require marginal access streets, reverse
frontage with screen planting contained in a nonaccess reservation
along the rear property line, deep lots with rear service alleys or
such other treatment as may be necessary for adequate protection of
residential properties and to afford separation of through and local
traffic.
E.
Provision for future subdivision. Where a tract of
land is subdivided at less than the maximum density permitted by zoning
or with lots with a minimum size two or more times the minimum site
area required in the zoning district, such parcels shall be arranged
and improvements designed to allow logical future resubdivision in
accordance with the requirements in these regulations.
F.
Dead-end streets. The creation of dead-end or loop
residential streets will be encouraged wherever the Planning Board
finds that such type of development will not interfere with normal
traffic circulation in the area. In the case of dead-end streets,
where needed or desirable, the Board may require the reservation of
a twenty-foot-wide easement to provide for continuation of pedestrian
traffic and utilities to the next street. Subdivisions containing
20 lots or more shall have at least two street connections with existing
public streets, or streets shown on the Official Map, if such exists,
or streets on an approved subdivision plat for which a bond has been
filed. No permanent dead-end street shall exceed 1,200 feet in length.
G.
Block size.
(1)
The length, width and shape of blocks or acreage within
bounding roads shall be determined with due regard to:
(2)
Blocks generally shall not be less than 400 feet nor
exceed 12 times the required minimum lot widths. In general, no block
width shall be less than twice the normal lot depth. In blocks exceeding
800 feet in length, the Planning Board may require the reservation
of a twenty-foot-wide easement through the block to provide for the
crossing of underground utilities and pedestrian traffic where needed
or desirable and may further specify, at its discretion, that a four-foot-wide
paved footpath be included. Each normal block shall be planned to
provide two rows of lots, but irregular shaped blocks, oversize blocks
or superblocks indented by culs-de-sac, parking courts or loop street
and containing interior block parks or playgrounds will be acceptable
when properly designed, as determined by the Planning Board. Such
blocks shall include adequate off-street parking, facilities for pedestrian
access from streets to all lots, proper easements for utility lines
and satisfactory provision for maintenance of park and open space
where included.
H.
Intersections with collector and major arterial roads.
Intersections of minor streets with arterial or collector streets
shall be held to a minimum to avoid hazard and delay. Such intersections
shall be at least 800 feet apart. Cross-street (four-cornered) intersections
shall be avoided insofar as possible, except as shown on the Master
Plan or at other important traffic intersections. A distance of at
least 150 feet shall be maintained between center lines of offset
intersecting streets. Grades shall be limited to no more than 2% within
100 feet of an intersection.
I.
Street jogs. The center line of a street shall cross
an intersecting street as a straight line. Street jogs with center
line offsets of less than 150 feet shall be avoided.
J.
Angle of intersection. In general, all streets shall
join each other so that for a distance of at least 100 feet the street
is approximately at right angles to the street it joins, and in no
case shall two streets intersect at an angle smaller than 60°.
To this end, an oblique street should be curved approaching an intersection.
Where three or more streets intersect, a traffic circle or other special
treatment may be required by the Board. At block corners the traveled
way shall be rounded with a curve having a radius of not less than
25 feet.
K.
Relation to topography. The street plan of a proposed
subdivision shall bear a logical relationship to the topography of
the property, and all streets shall be arranged so as to obtain as
many of the building sites as possible at or above the grade of the
streets. Grades of streets shall conform as closely as possible to
the original topography. Location of roads on fill areas shall be
minimized and careful consideration given to avoid entrapment of storm
runoff at property lines.
L.
Other required streets. Where a subdivision borders
on or contains a railroad right-of-way or limited access highway right-of-way,
the Planning Board may require a street approximately parallel to
and on each side of such right-of-way, at a distance suitable for
the appropriate use of the intervening land (as for park purposes
in residential districts or for commercial or industrial purposes
in appropriate districts). Such distances shall also be determined
with due regard for the requirements of approach grades and future
grade separations.
A.
Widths of rights-of-ways.
(1)
Streets shall have the following widths. (When not
indicated on the Master Plan or Official Map, the classification of
streets shall be determined by the Planning Board.)
|
Type of Street
|
Minimum Right-of-way
(feet)
|
Minimum Pavement
(feet)
|
|---|---|---|
|
Major Arterial
|
100
|
48
|
|
Arterial
|
80
|
48
|
|
Collector
|
60
|
40
|
|
Local (minor and marginal)
|
50
|
30
|
|
*NOTE: Refer to Town of Tuxedo Road Specifications.
|
(2)
The right-of-way width for internal roads and alleys
in multifamily planned integrated development, commercial and industrial
developments shall be determined on an individual basis and shall,
in all cases, be of sufficient width and design to accommodate safely
the maximum anticipated traffic, parking, loading needs, site distances
and adequate horizontal and vertical control.
B.
Improvements. Streets shall be graded and improved
with pavements, curbs and gutters, sidewalks, storm drainage facilities,
water mains, sewers, streetlights and signs, street trees and fire
hydrants, except where waivers may be requested, and the Planning
Board may waive, subject to appropriate conditions, such improvements
as it considers may be omitted without jeopardy to the public health,
safety and general welfare. Curbs, gutters, sidewalks, street pavements,
fire hydrants, streetlights, shade trees, monuments, water mains,
storm sewers, sanitary sewers and any other improvements that maybe
required shall be designed and constructed to conform to the specifications
as established by resolution or local law of the Town Board. Pedestrian
easements shall be improved as required by the Town Engineer. All
rights-of-way shall be provided with paved, seeded or sodded areas
and properly prepared, graded and sloped in conformance with good
nursery practice. Where sidewalks and walkways are included with street
rights-of-way, suitable trees or shrubs are required to be planted
within the required planting strips. Such grading and improvements
shall be approved as to design and specifications by the Town Engineer.
(1)
Fire hydrants. Installation of fire hydrants shall
be in conformity with all requirements of standard thread and nut
as specified by the New York Fire Insurance Rating Organization and
the Division of Fire Safety of the State of New York.
(2)
Fire alarm systems. The installation of fire alarm
signal devices, including necessary connecting facilities, shall be
required or waived pursuant to this section only with the approval
of the Orange County Legislature, if the installation is to be made
in an area included in a central fire alarm system established pursuant
to Paragraph h of Subdivision 1 of § 225 of the County Law,
or the Town Board in any other case, unless the installation is to
be made in a fire district in a town in which no central fire alarm
system has been established pursuant to Subdivision 11-c of § 64
of the Town Law, in such event only the approval of the Board of Fire
Commissioners of such fire district shall be necessary. Required installations
of fire alarm signal devices, including necessary connecting facilities,
shall be made in accordance with standards, specifications and procedure
acceptable to the appropriate board.
(3)
Streetlighting facilities. Where required by the Planning
Board, streetlighting standards, in conformance with the lighting
system of the Town, of a design approved by the Town Engineer, shall
be installed by the subdivider in a manner, spacing and location approved
by the Town Engineer, the appropriate power company and the Highway
Superintendent. In the case of a subdivision involving a county or
state highway, approval shall be obtained from the County Superintendent
of Highways. Where a new lighting district is to be created or an
existing district expanded, the applicant shall petition the Town
Board to create said district or expansion before final approval.
(4)
Street signs. Street signs of a type approved by the
Highway Superintendent shall be provided by the developer and placed
at all intersections in locations within the right-of-way approved
by the Superintendent.
(5)
Street trees. It is required that shade trees be preserved
and/or furnished and planted, at the expense of the owner of the subdivision,
along both sides of the road within his subdivision, such trees to
be guaranteed to survive one growing season. These shade trees shall
be located at intervals not exceeding 40 feet. All tree varieties,
placement, condition and quality are subject to the approval of the
Planning Board prior to and after planting. Trees shall be hardy and
suitable to local soil and climate. All trees must meet the standards
of the American Standard for Nursery Stock. Poplars, box elders, catalpas,
horse chestnuts, willows and elms shall not be planted. New trees
shall measure at least one and one-half (1 1/2) inches in diameter
as measured at a point four feet above finished grade.
C.
Utilities in streets. All utility systems shall be
installed underground in accordance with approved plans accurately
locating such systems. Wherever possible, underground utilities are
to be placed in the street right-of-way between the paved roadway
and street right-of-way line to simplify location and repair of lines
when they require attention, or in perpetually unobstructed easements
of a width adequate for servicing. The subdivider shall install underground
service connections to the property line of each lot within the subdivision
for such required utilities before the street is paved.
D.
Utility easements.
(1)
Where topography or other conditions are such as to
make practical the inclusion of utilities or drainage facilities within
street rights-of-way, perpetual unobstructed easements at least 20
feet in width for such utilities or drainage facilities shall be provided,
centered on rear or side lot lines or across property outside the
road lines and with satisfactory access to the road. Wherever possible,
easements shall be continuous from block to block and shall present
as few irregularities as possible. Such easements shall be cleared
and graded where required. Easements shall be indicated on the plat.
In large-scale developments, easements along rear property lines or
elsewhere for utility installation may be required by the Planning
Board. Such easements shall be of the width and location determined
by the Board after consultation with the public utilities companies
or Town departments concerned.
(2)
Prior to release of any performance bonds therefor,
a location map of all underground utilities and improvements, as installed,
shall be prepared showing accurate locations and referenced to the
monumentation system.
E.
Assurance by utilities. As to utilities required by
the Planning Board, the Planning Board may accept assurance from each
public utility company whose facilities are proposed to be installed.
Such assurance shall be given in a letter addressed to the Board and
stating that such public utility company will make the installations
necessary for the furnishing of its services within the time therein
specified and satisfactory to the Board.
F.
Grades.
(1)
Grades of all streets shall be the reasonable minimum,
but shall be not less than 1% nor more than 5% for arterial streets,
more than 8% for collector streets or more than 10% for local streets,
but in no case more than 2% within 50 feet of any local street intersection,
except that the Planning Board may approve a grade up to 14% for minor
streets where topographic conditions make a lesser grade impracticable.
Line and grade shall always give a minimum sight distance in each
direction along the center line of such streets as follows:
(2)
Changes in grade. All changes in grade shall be connected
by vertical curves of such length and radius as meet with the approval
of the Town Engineer so that clear visibility shall be provided for
a safe distance, as well as a smooth transition.
G.
Curve radii at street intersections. All street right-of-way
lines at intersections shall be rounded by curves with a radius of
at least 25 feet, and curbs shall be adjusted accordingly.
H.
Steep grades and curves; visibility of intersections.
A combination of steep grades and curves shall be avoided. In order
to provide visibility for traffic safety, that portion of any corner
lot (whether at an intersection entirely within the subdivision or
of a new street with an existing street) which is shown shaded on
Sketch A shall be cleared of all growth (except isolated trees) and
obstructions above the level three feet higher than the center line
of the street. If directed, ground shall be excavated to achieve visibility.
 |
I.
Dead-end streets (culs-de-sac). Permanent dead-end
or cul-de-sac streets shall not in general exceed 10 times the required
minimum lot width or 1,200 feet and shall be equipped with a turnaround
roadway with a minimum diameter of right-of-way of 120 feet and a
minimum outside diameter of traveled way of 100 feet, unless the Planning
Board approves an equally safe and convenient form of turning space.
The Board may approve a longer permanent dead-end street where topographic
conditions and land ownership patterns so require. Temporary dead-end
streets shall not in general exceed 15 times the required minimum
lot width and shall be equipped with a turnaround which conforms to
the standards for permanent dead-end streets; a temporary turnaround
shall be provided with a notation on the plat that land outside the
normal street right-of-way shall revert to abutting property owners
whenever the street is continued.
J.
Watercourses. Where a watercourse separates a proposed
street from abutting property, provision shall be made for access
to all lots by means of culverts or other structures of design approved
by the Town Engineer.
K.
Curve radii. In general, street lines within a block
deflecting from each other at any one point by more than 10° shall
be connected with a curve, the radius of which for the center line
of the street shall not be less than 400 feet on a major street, 250
feet on collector streets and 100 feet on local streets. The outer
street line in each case shall be parallel to such inner street line.
A tangent at least 150 feet long shall be introduced between reverse
curves on arterial and collector streets and 100 feet on local streets.
Transition curves may be required where appropriate.
L.
Service streets or loading space in commercial development.
Paved rear service streets of not less than 20 feet width or, in lieu
thereof, adequate off-street loading space, suitably surfaced, shall
be provided in connection with lots designed for commercial use.
M.
Free flow of vehicular traffic abutting commercial
developments. In front of areas zoned and designed for commercial
use, or where a change of zoning to a zone which permits commercial
use is contemplated, the street width shall be increased by such amount
on each side as may be deemed necessary by the Planning Board 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 or business district.
N.
Undersized existing streets. Where a subdivision borders
or includes existing narrow roads that do not conform to street widths
as shown on the Master Plan Official Map or that do not conform to
the street width requirements of these regulations or when the Master
Plan indicates plans for realignment or widening of a road that would
require use of some of the land in the subdivision, the subdivider
shall be required to show areas for widening or realigning such roads
on the plat, marked "Reserved for Road Realignment (or Widening) Purposes,"
along either one or both sides of such streets of substandard width.
If the subdivision is along one side only, one-half (1/2) of the required
width shall be dedicated. 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 Maps. Land reserved for such purposes may
not be counted in satisfying yard requirements of the Zoning Local
Law;[1] said reservations may be required to be dedicated to the
Town.
O.
Walkways and sidewalks. Subdivision designs shall
indicate consideration for suitable protection of different types
of land uses and the segregation of vehicular and pedestrian traffic
where desirable. The pedestrian walk network, whether independent
or combined with the vehicular road network, shall conveniently link
dwellings to all possible generators of pedestrian traffic both within
and without the subdivision, including but not necessarily limited
to parking areas, recreation areas, schools, stores, bus stops and
other walks. Such walks shall be so designed and constructed so as
to encourage their use by their proximity to generators of traffic,
convenient arrangement, evenness and durability of surface, pleasant
appearance and exposure to scenic areas and views. Where sidewalks
cross driveways, they shall be reinforced and of the same material
and elevation as that on both sides of such driveways.
P.
Monuments. All monuments shall be of concrete, 30
inches in length, five inches square at the top and six inches square
at the bottom. Each monument shall be embedded not less than 18 inches
deep with not less than eight inches showing. Monuments shall be located
by a licensed surveyor who shall prepare a certified survey of the
monument system with reference ties to adequately locate all monuments.
The system shall have at least three survey ties to each monument.
Q.
Roads. The requirements contained in the Town of Tuxedo
Road Specifications, approved by the Town Board of the Town of Tuxedo
and by the Superintendent of Highways of the Town and as hereafter
may be amended, shall apply, and all road construction or design shall
conform thereto. Said minimum standards are attached hereto and made
a part hereof.[2]
[2]
Editor's Note: The Town of Tuxedo Road Specifications
are on file and available for inspection by the public in the office
of the Town Clerk.
A.
Type of name. All street names shown on a preliminary
plat or subdivision plat shall be approved by the Planning Board.
In general, streets shall have names and not numbers or letters.
B.
Names to be substantially different. Proposed street
names shall be substantially different so as not to be confused in
sound or spelling with present names, except that streets that join
or are in alignment with streets of an abutting or neighboring property
shall bear the same name. Generally, no street should change direction
by more than 90° without a change in street name.
B.
Side lines. All side lines of lots shall be substantially
at right angles to straight street lines and radial to curved street
lines, unless a variance from this rule will give a better street
or lot plan.
C.
Corner lots. In general, corner lots should be larger
than interior lots to provide for proper building setback from each
street and provide a desirable building site.
D.
Driveway access. Driveway access and grades shall
conform to specifications of the Town Driveway Local Law, if one exists.
Driveway grades between the street pavement and the building setback
line shall not exceed 10%.
E.
Access from public streets.
(1)
The subdividing of land shall be such as to provide,
by means of a public street, each lot with satisfactory access to
an existing public street.
(2)
Double frontage and reverse frontage lots should be
avoided except to preclude driveway access on a major thoroughfare.
Reverse frontage lots which have their rear yard abutting a collector
or major street shall be provided with effective shrubs or screening
along the full width of the rear property line to screen the rear
yard from adjacent traffic.
(3)
A lot of less than 200 feet of frontage fronting on
a county or state road must be so designed as to share a common curb
cut with an adjacent lot, if either adjacent lot has been granted
a curb cut permit. When more than three lots are proposed to be subdivided
from a parcel with frontage on a county or state road, or there is
the possibility of creating four or more lots equal in size to the
average area of the lots proposed for subdivision, frontage for all
must be on internal streets, not on the county or state highway. Each
lot permitted to front on a county or state road must provide for
an improved on-site turnaround so as to obviate the necessity of any
vehicle from backing onto such roadway.
F.
Access from private streets. Access from private streets
(under § 280-a of the Town Law) shall be deemed acceptable
only if such streets are designed and improved in accordance with
these regulations.
G.
Monuments and lot corner markers. Permanent monuments,
in accordance with § 85-22P, shall be set at such block
corners, angle points, points of curves in streets and other points
as the Town Engineer may require, and their location shall be shown
on the subdivision plat.
H.
Dedication of land for widening of existing streets.
Where extra width has been dedicated or set aside for widening of
existing streets, lots shall begin at such extra width line, and all
setbacks shall be measured from such line.
I.
Minimum lot size. Lot dimensions shall conform to
the requirements of the Zoning Local Law.[2] Lots should not be of such depth as to encourage the later
creation of a second building lot at the front or rear, and excessive
depth in relation to the width shall be avoided. A proportion of two
and one-half to one (2 1/2:1) will normally be considered maximum.
J.
Land reserved for future development. Land reserved from the subdivision for future development shall be in accordance with the approved land development plan, in accordance with § 85-20E.
K.
Topsoil. If any topsoil is removed from its natural
position in the process of grading the subdivision site, such topsoil
shall be replaced to a minimum depth approximately equivalent to that
existing prior to such grading, except in streets, driveways and foundation
areas.
L.
Additional standards. Where the property to be subdivided
is next to or includes a railroad right-of-way, suitable provisions
shall be made for such things as road crossings, screening and freight
access as recognition of the relationship between the railroad and
the subdivision.
A.
Removal of spring and surface water. All subdivision
shall be related to the drainage pattern affecting the areas involved,
with proper provision to be made for adequate storm drainage facilities.
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. A culvert or other drainage
facility shall, in each case, be of adequate size to accommodate the
potential runoff from the entire upstream drainage area, whether inside
or outside the subdivision area. The design and size of this facility
shall be subject to the approval of the Town Engineer.
B.
Drainage structure to accommodate potential development
upstream. A culvert or other drainage facility shall, in each case,
be large enough to accommodate potential runoff from its entire upstream
drainage area, not only the anticipated discharge from the property
being subdivided but also the anticipated runoff that will occur when
property at a higher elevation in the drainage basin is developed.
The Town Engineer shall approve the design and size of facility based
on anticipated runoff from the following storm frequencies under conditions
of total potential development permitted by the Zoning Local Law[1] in the watershed.
(1)
For watersheds with drainage areas of less than 320
acres, all structures should be designed to carry the peak runoff
for a twenty-five-year storm.
(2)
For watersheds with drainage areas of between 320
and 640 acres, the structures should be designed to carry peak runoff
for a fifty-year storm.
(3)
For watersheds with drainage areas larger than one
square mile, all structures should be designed to carry peak runoff
for a one-hundred-year storm. The only acceptable method for calculating
anticipated runoff shall be computed by the soil cover complex method
as utilized by the Soil Conservation Service of the United States
Department of Agriculture.
C.
Responsibility from drainage downstream. The subdivider's
engineer shall study and submit a written report of the effect of
each subdivision on the existing downstream drainage facilities outside
the area of the subdivision; this study shall be reviewed by the Town
Engineer and the Orange County Soil and Water Conservation District.
Where it is anticipated that the additional runoff incident to the
development of the subdivision will overload an existing downstream
drainage facility during a twenty-five-year storm, provision for the
storage of the increased runoff must be made by the developer. (See
Appendix B, Stormwater Management, found in the Town Soil Report.)[2]
[2]
Editor's Note: Copies of the Town Soil Report,
and of Appendix B thereto, are available in the office of the Town
Clerk.
D.
Land subject to flooding. Land subject to periodic
or occasional flooding or land deemed by the Planning Board to be
uninhabitable shall not be platted for residential occupancy, or for
such other uses as may increase danger to health, life or property
or aggravate the flood hazard, but such land within the plat shall
be set aside for park purposes.[3]
E.
Easements. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width or construction, or both, as the Town Engineer may deem adequate to the purpose, but in no case less than 20 feet in width and of such width as to encompass the flood volume as determined in § 85-24B, and in no case less than the flood of record plus three feet in elevation. Drainage easements shall be carried from the road to a natural watercourse or to other drainage facilities. When a proposed drainage system will carry water across private land outside the subdivision, appropriate rights must be secured and indicated on the plat.
F.
House and lot drainage. Drainage of individual lots
and dwellings, including footing drains to assure proper runoff from
roofs, driveways and paved surfaces, shall be required for the Planning
Board approval. The installation of such facilities shall be required
prior to the issuance of a certificate of occupancy. Guidelines for
Erosion Control in Urban Areas of New York State, published by the
United States Department of Agriculture Soil Conservation Service,
shall be used as the standard for erosion control measures on house
and lot drainage. Such standards shall apply to the subdivider, developer
or individual constructing, grading or improving any subdivision lot.
G.
Storm drainage.
(1)
Standards.
(a)
The drainage system and/or culverts shall be
designed in accordance with established engineering principles, approved
by the Town Engineer. The minimum grade of any drainage pipe or culvert
shall not be less than five hundredths percent (.05%). No culvert
shall be smaller than 18 inches in diameter unless by approval of
the Town Engineer. Such drainage shall be installed where natural
watercourses cross the highways or at locations which warrant drainage.
The width of the trench in which the pipe is placed shall be sufficient
to permit thorough tamping of the backfill under the haunches and
around the pipe. In no case shall the top of any drainage pipe be
less than 18 inches below the finished grade of the pavement. Where
soft, spongy or unsuitable soil is encountered or where rocks, boulders
or ledges are present, such shall be removed and replaced with suitable
materials and in a manner as directed by the Town Engineer. The pipe
shall be laid to true line and grade on the prepared bed of the trench.
The installation, whether for coated corrugated metal pipe or reinforced-concrete
culvert pipe shall be in accordance with the acceptable standard practice.
The backfilling of the trench shall be in accordance with good engineering
procedure and as directed by the Town Engineer.
(b)
All coated corrugated metal pipe and reinforced-concrete
pipe shall conform to the items covering such in the latest New York
State Department of Transportation specifications.
(c)
Drainage pipe or culverts shall be installed
to carry the present requirements of the subdivisions, as well as
that which may reasonably be anticipated from future development,
both from within the subdivision and from adjoining properties which
normally drain across the area of the proposed development.
(d)
The discharge of established natural watercourses
and stormwater in open ditches shall be permitted only after specific
approval by the Planning Board. If, in its opinion, public health
or safety is jeopardized or there is danger of erosion, approval shall
be denied. In such case, pipe of the proper kind and size shall be
installed or the required paved sluiceways constructed. It shall be
the responsibility of the developer to set aside areas for the collection
and passage of both natural and stormwaters.
(e)
Catch basins or drop inlets shall be constructed
in order to properly intercept stormwater runoff.
(f)
Headwalls of concrete or stone masonry shall
be constructed at the inlet and discharge end of the culvert pipe.
Culverts shall extend sufficiently beyond the toe of the embankment
or, if carried in easements through or along lots, to a point no less
than 75 feet beyond the rear of proposed residences.
(g)
If, in the opinion of the Planning Board, it
is necessary to intercept and carry away groundwater to protect the
stability of the roadbed, the subdrainage required by the Planning
Board shall be installed by the developers. Perforated pipe having
a minimum diameter of four inches, shall be used for such purpose
as deemed necessary by the Town Engineer.
(h)
Manholes shall be provided in drain lines not
more than 350 feet apart and wherever branches are connected or sizes
are changed and wherever there is a change in alignment or grade.
(i)
Alignment of pipes shall be in a straight line
between manholes.
(j)
Drain lines shall be placed between the center
line of the road and the gutter line and shall, as far as practical,
parallel the center line of the road.
(k)
Not more than two catch basins shall be interconnected
before being connected to a manhole.
(l)
Drainage structures which are located on state
or county highway rights-of-way shall be approved by the state or
county highway engineer's office, and a letter from said office indicating
such approval shall be directed to the Town Planning Board.
(m)
Surface drainage in gutters shall be limited
to the equivalent of that flowing from 1.5 impervious acres; however,
where the tributary impervious area exceeds the runoff from 1.0 impervious
acre, a double-inlet catch basin shall be used.
(n)
Planned use of natural and other open drainage
lines shall be based on an investigation and a written report to the
Planning Board as to the downstream conditions anticipated as a result
of such use.
(o)
All open drainage lines (watercourses and ditches)
shall be protected by easements guaranteeing to the Town the right
of access and power to improve the channels, as well as prohibiting
structural or terrain encroachments within the easement except on
approval by the Town Engineer. Such easements shall have a minimum
width of 50 feet.
(p)
All open drainage lines and swales shall be
protected against erosion by suitable stabilizing materials and/or
protective construction in accordance with Guidelines for Erosion
Control in Urban Areas of New York State, United States Department
of Agriculture Soil Conservation Service.
(2)
Inconsistency. Where the technical provisions of this
subsection are in conflict or disagreement with provisions of other
local laws, specifications or regulations applicable to the subdivision,
then the most recently adopted provision shall be utilized unless
specifically indicated otherwise by the Planning Board.
The purpose of this section is to provide an
equitable and effective development standard for securing adequate
land for parks, playgrounds and recreation purposes in new subdivisions
throughout the Town of Tuxedo. Except as hereinafter provided, lands
shall be reserved for parks, playgrounds or recreation purposes in
a location with suitable public access within the subdivision, as
selected and determined by the Planning Board.
A.
Recreation areas shown on Master Plan. Where a proposed park, playground or open space shown on the Master Plan is located in whole or in part in a subdivision, the Board shall require that such area or areas be shown on the plat in accordance with the requirements specified in Subsection B below. Such area or areas may be dedicated to the Town or county by the subdivider upon approval by the Town Board. While the plan may show only a general location of such proposed sites, the required reservation of land for recreation purposes must be specifically located and designated on the subdivision plat.
B.
The Board shall not accept areas of less than three acres and shall require that not less than 10 acres of recreation and open space be provided per 100 dwelling units shown on the plat. Open spaces of a lesser area may be approved where the difference may be made up in conjunction with the future subdivision of adjacent land. Such area or areas may be dedicated to the Town by the subdivider if the Town Board approves such dedication. All lands designated on the plat as park, playground and recreation areas not in Town ownership, as set forth in § 85-15, shall be subject to such conditions as the Planning Board may establish on the subdivision concerning access, use and maintenance of such lands as deemed necessary to assure the preservation of such land, in perpetuity, for their intended purposes. Such conditions shall be shown on the plat prior to plat approval and recording.
C.
Information to be submitted. In the event that an
area to be used for a park or playground is required to be so shown,
the subdivider shall submit to the Planning Board prior to final approval
three prints (one on cloth) drawn in ink showing, at a scale of not
less than 30 feet to the inch, such area and the following features
thereof:
(1)
The boundaries of said area, giving lengths and bearings
of all straight lines, and the radii, lengths, central angles and
tangent distances of all curves, prepared by a New York State licensed
land surveyor.
(2)
Existing features such as brooks, ponds, clusters
of trees, rock outcrops and structures.
(3)
Existing and, if applicable, proposed changes in grade
and contours of said area and of the area immediately adjacent.
D.
Waiver of plat designation of area for parks and playgrounds.
In cases where the Planning Board finds that due to size, topography
or location of the subdivision, land for park, playground or other
recreational purposes cannot be properly located therein, or if, in
the opinion of the Town Board, it is not desirable, the Planning Board
may waive the requirement that the plat show land for such purposes.
The Planning Board shall then require as a condition of approval of
the plat a payment to the Town in accordance with the following schedule
(certified check) for each proposed dwelling unit or building lot,
whichever provides the grater amount, except that a lot created to
accommodate an existing dwelling shall be exempt from this requirement.
Such amount shall be paid to the Town Board at the time of final plat
approval, and no plat shall be signed by the authorized officer of
the Planning Board until such payment is made: fee per lot: $1,500.
All such payments shall be deposited in a fund to be designated by
the Supervisor and may, at the sole discretion of the Town Board,
he utilized for the acquisition of recreation land and/or construction
of recreation facilities, improvements and maintenance.
[Amended 4-12-1982 by L.L. No. 2-1982; 2-26-1985 by L.L. No.
2-1986; 6-23-1987 by L.L. No. 2-1987]
E.
Reserve strips prohibited. Reserve strips of land
which might be used to control access from the proposed subdivision
to any neighboring property or to any land within the subdivision
itself shall be prohibited.
F.
Preservation of natural features.[1] The Planning Board shall, wherever possible, establish
the preservation of all natural features which add value to residential
developments and to the community, such as large trees or groves,
watercourses and waterfalls, beaches, historic spots, vistas and similar
irreplaceable assets.
(1)
Natural terrain. Subdivision design shall preserve,
insofar as possible, the natural terrain and natural watercourses,
improvements and drainage areas.
(2)
Trees. A conscious effort shall be made to preserve
all worthwhile trees and shrubs which exist on the site. Such features
may well be suggested for park or playground areas. On individual
lots or parcels care shall be taken to preserve selected trees to
enhance the landscape treatment of the development. No tree with a
diameter of eight inches or more, as measured three feet above the
base of the trunk, shall be removed unless such tree is within the
right-of-way of a street as shown on the final subdivision plat. Removal
of additional trees shall be subject to the approval of the Planning
Board. In no case, however, shall a tree with a diameter of eight
inches or more, as measured three feet above the base of the trunk,
be removed without prior approval by the Planning Board.
(3)
Soil. Natural fertility of the soil shall be preserved
by disturbing it as little as is possible, and no topsoil shall be
removed from the site.
(4)
Watercourses. Open watercourses shall be recognized
as community assets. Subdivision design may well be enhanced by featuring
streams and brooks. Floodplain land, areas bordering on watercourses,
drainageways and other lands which cannot be used safely for building
purposes without danger to health or peril from flood may be offered
to the Town as a gift to be used as public open space or for recreational
purposes.
(5)
Lots. On a lot intended for single-family purposes,
no more than 5,000 square feet shall be cleared for development purposes.
[1]
Editor's Note: See also Ch. 46, Environmental
Quality Review.
G.
School sites. Upon receipt of a letter from the School
Board declaring its interest in a school site of a specific size and
location within a proposed subdivision, the Planning Board may require
a subdivider to set aside such area in the design of the subdivision.
A.
Policy. It is the policy of the Town of Tuxedo that
all central water and sewer systems be constructed to standards for
municipal operation and that such systems can be easily phased into
regional or Town-wide systems. Where such facilities are extensions
of or interconnect with existing municipal systems, such new systems,
including land and appurtenances thereto shall be irrevocably offered
to the Town of Tuxedo for public operation for the sum of $1. Where
such systems are to be owned and operated by private corporations,
pursuant to New York State law, the fixed assets of such private corporations
shall be irrevocably offered to the Town of Tuxedo where such private
corporation ceases to operate said systems in accordance with the
regulations of the New York State Public Service Commission and the
Department of Environmental Conservation or where such private corporation
is dissolved or subject to liquidated distribution. Such offers of
dedication will be in a form acceptable to the Town Attorney and Town
Board. Offer of dedication or approvals hereunder shall not be deemed
acceptance by the Town of any such facilities. The operation of private
utilities within the public right-of-way shall be subject to grant
of franchise pursuant to § 64 of New York State Town Law.
B.
Water and sewage facilities.
(1)
Endorsement. The proposed subdivision plat shall be
properly endorsed and approved by the Orange County Department of
Health. Such endorsement and approval shall be secured by the subdivider
after approval of the preliminary plat by the Planning Board.
(2)
Local requirements. Orange County Department of Health
approval shall constitute only the minimum requirement necessary,
and, where considered essential by the Board, a public sanitary and/or
water system may be required for any subdivision.
(3)
Connections. The developer shall be responsible not
only for the laterals within the development but also for any lines
or connections that may be necessary to bring the service to the development.
(4)
The Planning Board may require that prior to final
approval the Town Engineer shall review the certified test of a well
to adequately supply a development with water. In order to assure
adequate water supply for the safety, health and comfort of the residents,
a seventy-two-hour test shall be taken, during which time an amount
equal to at least 600 gallons per dwelling unit shall be obtained
on a sustained basis.
C.
Standards for water systems.
(1)
All water mains shall be of cast iron to meet American
Water Works Association (AWWA) requirements.
(2)
Hydrants shall be installed on the end of system,
at the end of all branches and at five-hundred-foot intervals throughout
the subdivision.
(3)
Hydrants shall be four-inch inlet, as manufactured
by Eddy Valve Company, or equal, with two-and-one-half-inch nozzle
connections and no pumper connection.
(4)
Threads on nozzle connections of hydrants shall be
National Standard.
(5)
All water mains shall be valved in such manner that
repairs may be made without shutting down the entire system.
(6)
Corporation cocks shall be installed at a forty-five-degree
angle to the water main and not from the top of the main.
(7)
A curb box and cock shall be installed on each lot,
same to be 18 inches inside the curbline and brought to finish grade.
(8)
All valve boxes in the street shall be brought to
finish grade line of said street.
(9)
All water mains shall be laid four deep to the top
of the pipe.
(10)
All service lines to buildings shall be three-fourths-inch
Type K copper tubing, as manufactured by Chase Brass, or equal.
(11)
All water mains shall be inspected by the Town
Engineer before any backfilling is started.
(12)
A water meter shall be installed in each building,
same to be as manufactured by Rockwell Meter Company, or equal.
(13)
Before any water district is accepted by the
Town, it shall meet with the approval of the Town Engineer as to capacity
and output of water from wells.
(14)
If necessary, proper chlorine equipment shall
be installed in the proper manner to safeguard water supply.
(15)
All water mains shall be tested to withstand
normal pressures plus 50%.
D.
Standards for sewage systems.
(1)
The minimum size of sanitary sewers shall be eight
inches.
(2)
Sewers shall be of cement asbestos or vitrified clay,
ASTM Specification C-13.
(3)
Manholes shall be constructed at all changes in direction,
street intersections and otherwise at five-hundred-foot intervals.
(4)
All sanitary sewers shall be installed in accordance
with requirements and approval of the New York State Department of
Health.
(5)
Manholes shall be constructed of eight-inch brick
walls, eight inch sewer blocks or precast concrete masonry units conforming
to ASTM Designation C 139-65. If constructed of blocks, the exterior
of the manhole shall be plastered with three-fourths (3/4) inch of
cement plaster.
(6)
Iron steps shall be installed in the masonry and shall
not exceed 15 inches on center.
(7)
Twenty-four-inch heavy (highway type) cast-iron tops
shall be installed over the masonry hole.
(8)
Sewer lines shall be inspected by the Town Engineer
before any backfilling is started.
(9)
All house sewer lines shall run from house to sewer
through cast-iron pipe unless otherwise approved.
(10)
All sewage treatments plants shall be inspected
during construction and shall be subject to approval by the Town Engineer
before final acceptance.
(11)
Chlorine treatment for sewage plants shall be
gas type, as manufactured by Wallace and Tiernan, or equal.
