Land to be subdivided shall be of such character that it can
be used safely for development without danger to public health or
safety; the subdivision plan shall be in harmony with the Comprehensive
Plan for the community; and all required improvements shall be constructed
and installed in conformance with Town specifications.
Where land is subdivided into lots substantially larger than
the minimum size required in the zoning district in which the subdivision
is located, the lots and roads shall be laid out so as to permit future
resubdivision in accordance with the requirements contained in this
chapter.
All parcels shall comply with the provisions of Chapter 240, Zoning, except that the Planning Board may, in unique circumstances, approve parcels which are substandard in terms of size or dimension in the following circumstances:
A.
For road or access rights-of-ways;
B.
Where the parcel is intended to be used permanently for nonstructural
recreational purposes;
C.
Where land is intended to be conveyed to an adjacent landowner for
purposes of combination with an adjacent parcel;
D.
Where the land is intended to be left permanently undeveloped; or
A.
The lot arrangement shall be such that in constructing a building in compliance with Chapter 240, Zoning, there will be no foreseeable difficulties for reasons of topography or other natural conditions, and each lot shall have a buildable area, free from development restrictions such as wetlands, floodplains, steep slopes, rock outcrops or unbuildable soils.
C.
Lots fronting on two roads, other than corner lots, shall be avoided.
D.
Corner lots shall have sufficient width to allow appropriate building
setbacks from, and orientation to, all abutting roads.
E.
Extremely elongated lots having a depth to width ratio greater than
5:1 shall be avoided.
F.
Side lot lines shall be approximately at right angles to straight
roads or radial to curved roads. Lot lines shall generally not joint
at less than an angle of 75° or greater than an angle of 105°.
Lot lines shall be straight on large lots, except where the topography
of the site would make this impractical.
G.
Where a community sewage disposal system is not required, each lot
shall have sufficient area so as to make adequate provision for such
on-site sanitary disposal systems as are required by the New York
State and County Health Departments.
A.
Each lot shall directly abut a public or approved private road meeting
the requirements of this chapter, as required by Town Law § 280-a.
This abutment shall include at least 20 feet of road frontage suitable
for access by emergency vehicles. Easements may be considered for
access.
B.
All lots shall be designed so as to allow for safe access.
C.
All lots shall be designed so as to allow for the construction of
driveways within the road right-of-way not exceeding a grade of 10%.
D.
Where a watercourse separates a road from abutting lots, provision
shall be made for access to all lots by means of culverts or other
structures.
E.
At least one fifty-foot right-of-way shall be reserved at a location
suitable to the Planning Board, allowing access to land behind road
frontage lots.
F.
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.
Permanent monuments shall be set at the subdivision boundaries
at all corners, and at such other points as required by the Planning
Board. Such monuments shall be of either iron rods or pipes, or concrete.
All on-site sanitation and water supply facilities shall be
designed to meet the minimum specifications of the New York State
and County Health Department.
Topsoil moved during the course of construction shall be replaced
so as to cover all areas of the subdivision and shall be stabilized
by seeding and plantings. Existing vegetation should be conserved
by the subdivider where possible. Care shall be exercised in construction
so as to avoid damage to existing trees and shrubs. Streams, lakes,
ponds, and wetlands shall be left unaltered unless such alteration
would serve to enhance the utility and quality of the subdivision.
Easements along watercourses as a part of a comprehensive recreational
and open space plan for the development are encouraged. Unique physical,
historical, and cultural sites which add value to the community, such
as large trees or groves, watercourses and falls, historic spots,
vistas and similar irreplaceable assets shall be preserved where possible.
Upon a finding by the Planning Board that a proper case exists
for requiring that park/recreational space be suitably located on
the plat for playgrounds or other recreational purposes, the Planning
Board may require that the developer satisfactorily develop any such
area shown on the plat. Any such findings shall include an evaluation
of the present and anticipated future needs for park and recreational
facilities in the Town based on projected population growth to which
the particular subdivision will contribute. Upon such finding, the
Planning Board shall require that not more than 10% of the total area
of the subdivision be allocated for park or recreational use. Such
area may be dedicated to the Town by the subdivider if the Town Board
approves such dedication. Alternatively, park or recreational space
may be conveyed to a homeowners' association for control and
joint private ownership and maintenance.
No stormwater shall be caused to be discharged upon neighboring
properties, across public sidewalks or into public streets. Surface
water drainage facilities shall be designed to handle all on-site
runoff (ten-year-storm frequency as the minimum design criteria),
and the discharge into public storm sewers shall be at a rate which
can be adequately handled by existing storm sewers and drainageways.
Where storm sewers do not exist, the Planning Board may approve alternative
means of discharging stormwater upon approval of a stormwater management
plan, where such alternative adequately protects the public health,
safety and welfare.
All subdivisions shall comply with the provisions of Chapter 125, Flood Damage Prevention, of the Code of the Town of Martinsburg, as subsequently amended.
Development of steep slope sites of a grade of over 15% will
be conditionally accepted only if there is no prudent or feasible
alternative site, erosion and sedimentation control measures are incorporated
in the design, construction, and operation of the development according
to standards set by the U.S. Natural Resource Conservation Service.
