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Town of Kingston, NY
Ulster County
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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.
B. 
Conformity to Official Map and Town Development Plan. Subdivisions shall conform to the Official Map of the Town and Ulster County and shall be in harmony with the Town Development Plan, if such exists.
C. 
Preservation of natural cover. Land to be subdivided shall be laid out and improved in reasonable conformity to existing topography, in order to minimize grading, cut and fill and to retain, insofar as possible, the natural contours, limit stormwater runoff, and conserve the natural cover and soil. No topsoil, sand or gravel shall be removed from any lots shown on any subdivision plat, except for the purpose of improving such lots and for the laying out of streets shown thereon. Topsoil so removed shall be restored to a depth of six inches and properly seeded and fertilized on areas of such lots not occupied by buildings or structures. No excess topsoil so removed shall be disposed of outside of the boundaries of the Town, except upon approval of the Town Board.
D. 
Preservation of existing features. Existing features which would enhance the attractiveness of the site or the community as a whole, such as trees, watercourses, ponds, historic places, and similar irreplaceable assets, shall be preserved insofar as possible through harmonious design of the subdivision.
E. 
Specifications for required improvements. All streets and other required improvements shall be constructed or installed to conform to Town specifications.
A. 
General requirements. New streets shall be suitably located, of sufficient width, and adequately improved to accommodate the prospective traffic and to afford satisfactory access to police, firefighting, ambulances and other emergency vehicles, snow removal or other road maintenance equipment and shall be coordinated so as to compose a convenient system. Local streets shall have a minimum right-of-way width of 50 feet; commercial or business streets shall have a minimum right-of-way width of 60 feet. All streets shall be properly related to the Town Development Plan and in conformance in location and design to the Official Map, if such exists.
B. 
Relation to topography. Streets shall be logically related and conform insofar as possible to the original topography. They shall be arranged so as to obtain as many building sites as possible at or above the grade of the street. A combination of steep grades and sharp curves shall be avoided.
C. 
Continuation of streets into adjacent property. Streets shall be arranged to provide for the continuation of commercial or business streets between adjacent properties where such continuation is necessary for convenient movement of traffic, effective fire protection, and efficient provision of utilities. Reserve strips, controlling access to streets, shall be prohibited except where their control is placed with the Town under conditions recommended by the Planning Board and approved by the Town Board. If adjacent property is undeveloped and the street must temporarily be a dead-end street, the right-of-way and improvements shall be extended to the property line. A temporary circular turnaround with pavement radius of at least 50 feet shall be provided on all temporary dead-end streets, with the notation on the plat that land outside the normal street right-of-way shall revert to abutting properties.
D. 
Treatment of streets.
(1) 
In residential areas. Where a subdivision abuts or contains existing or proposed commercial or business streets, the Planning Board may require treatments as may be necessary (desirable) for adequate protection of residential properties and to afford separation of through and local traffic.
(2) 
In business areas. In areas zoned or designated as MU-1 or MU-2, the Planning Board may require that the street width be increased or that a service road be constructed, 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 area. The Planning Board may reject a plat plan on the basis that the projected increase in traffic would make the existing roadway inadequate.
E. 
Dead-end streets. Permanent dead-end streets shall normally not exceed 1,200 feet in length in order to provide convenience of traffic movement and facilitate more effective police and fire protection. A depth suitable for an adequate building lot may be required to be retained between the terminus of the road and adjoining property. The Planning Board may require the reservation of a twenty-foot-wide easement through this property to facilitate pedestrian traffic or utilities. No permanent dead-end streets may be constructed having more than 20 building lots. A circular turnaround with a minimum right-of-way radius of 60 feet and a pavement radius of 50 feet shall be provided at the end of permanent dead-end streets.
F. 
Street names; new addresses. All streets shall be named, and such names shall be subject to the approval of the Planning Board. Names shall be sufficiently different in sound and spelling from other street names in the Town to avoid confusion. A street which is a continuation of an existing street shall bear the same name. As general policy, the use of personal names for new roads is discouraged. Historical names are preferred or names appropriate to the particular development or general neighborhood. New addresses shall be obtained from the Town Assessor.
G. 
Intersections.
(1) 
Design. Intersections of commercial or business streets by other streets shall be at least 800 feet apart. Cross-street (four-cornered) intersections shall be avoided, except at important traffic intersections. A distance of at least 150 feet shall be maintained between offset intersections. Within 40 feet of an intersection, streets shall be approximately at right angles, and grades shall be limited to 1 1/2%. All street intersection corners shall be rounded by curves of at least 25 feet in radius at the property line.
(2) 
Visibility. Within the triangular area formed at corners by the intersecting street pavement lines, for a distance of 75 feet from their intersection and diagonal connecting the end points of these lines, visibility for traffic safety shall be provided by excavating, if necessary. Nothing in the way of fences, walls, hedges or other landscaping shall be permitted to obstruct such visibility. An easement for the enforcement of this provision shall be granted by the owner of the street and notation to this effect made on the subdivision plat. [See § 350-19D(19)(c)].
H. 
Provision for future resubdivision. Where a tract is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged to allow the provision of future streets and logical further subdivision.
I. 
Design standards. Note: Design standards will vary considerably from one community to another because of differences in topography, density of development, and desired character. For example, in rural areas, parking for guests will normally be provided on each individual property, and therefore a pavement width of 20 feet should suffice. In more densely populated areas, guest parking is generally in the street, and therefore the pavement should be wider. If paths were to be developed for walking or bicycling, the pavement might be narrower than if pedestrian movement were not separated. Therefore, there is no model which can be adapted to all circumstances. These details should be decided upon by the Planning Board after consulting with the Town Board, the Town Highway Department, and the Town Engineer, engineering consultant or other authorized person. Factors to be considered are:
(1) 
Different standards for different types of streets: for example, commercial or business, local, and minor streets.
(2) 
Minimum width of streets: no less than 50 feet, 60 feet or more for local, commercial or business roads.
(3) 
Minimum width of pavement: The standard to be used is nine to ten-foot lanes for moving traffic, except for commercial or business streets, and eight-foot lanes for parking.
(4) 
Minimum radius of horizontal curves: The standard to be used is 400 feet on commercial or business roads, 200 feet on local, 100 feet on minor streets, measured at the center line.
(5) 
Minimum length of vertical curves: The standard to be used is 300 feet on a commercial or business streets, 200 feet on a local but not less than 40 feet for each one-percent algebraic difference in grade, 100 feet but not less than 20 feet for each one-percent algebraic difference in grade for a minor street.
(6) 
Minimum length of tangents between reverse curves: The standard to be used is 300 feet on a commercial or business streets, 200 feet on a local, 100 feet on a minor street.
(7) 
Maximum grade: The standard to be used is no more than 10% for minor streets; 6% to 8% for others.
(8) 
Minimum grade: The standard to be used is 1% to assure proper drainage.
(9) 
Minimum sight distance: should be no less than 150 feet for minor streets.
Block dimensions shall not be less than 1,200 feet nor more than 1,200 feet in length. In general, block width should not be less than twice the normal lot depth. In blocks longer than 1,200 feet, the Planning Board may require the establishment of easements or public ways through the block to accommodate utilities or pedestrian access.
A. 
Conformance with zoning provisions. All lots shall conform to current Zoning Law.[1]
[1]
Editor's Note: See Ch. 425, Zoning.
B. 
Side lot lines. Side lot lines shall be at right angles to street lines unless a variation from this rule will give, for good reason shown, a better street or lot plan. Lot lines shall coincide with municipal boundaries rather than cross them.
C. 
Access from commercial or business streets. Lots shall not have their vehicular access from a commercial or business street, except for good cause shown. Where driveway access from a commercial or business street may be necessary for several adjoining lots, the Planning Board may, except for good cause shown, require that such lots be served by a combined access drive in order to limit possible traffic hazards on such street. (See § 350-11C, Maintenance of roads and other facilities, and § 350-13D, Treatment of streets.)
D. 
Access across watercourse. Where a watercourse separates the buildable area of a lot from street, provision shall be made for the installation of a culvert or other structure, of a design approved by the Town Engineer or other authorized person.
E. 
Water bodies. If a tract being subdivided contains a water body or portion thereof, lot lines shall be so drawn as to distribute the ownership of the water body among the fees of the adjacent lots. The Planning Board may approve an alternate plan whereby the ownership of and responsibility for safe maintenance of the water body is so placed that it will not become a Town responsibility. No more than 25% of the minimum lot area required under zoning regulations, if such exist, may be satisfied by land under water.
A. 
General requirements. In accordance with § 277 of the Town Law, the Planning Board may require either the reservation of land for park or recreational purpose or payment of a fee to a trust fund to be used for recreation purposes in the area of the subdivision.
(1) 
Reservation of land. The Planning Board may require the reservation of land for a park or recreational purposes to be reserved on the plat, but in no case to be more than 10% of the gross area of the subdivision. The location of such reservation shall be in accordance with the Town Development Plan or Official Map, if such exist, or otherwise where the Planning Board shall deem such reservation to be appropriate. In general, such reservations should have an area of at least two acres and have adequate street access.
(2) 
Payment of money in lieu of land. Where the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in any such plat or are otherwise not practical, the Planning Board may waive the requirement of land reservation, on the condition that the subdivider deposit a cash payment with the Town Clerk in lieu of land reservation. Such payment shall be placed in a trust fund to be used exclusively for the purchase and development of neighborhood sites for parks, playgrounds, or other recreational purposes. The amount of such payment shall be 10% of the individual lot value for each lot approved on the plat.
B. 
Widening or realignment of existing streets. Where the subdivision borders an existing street and additional land is required for realignment or widening of such street as indicated on the Official Map or Town Development Plan, if such exist, or where the Planning Board deems such reservation necessary, the Planning Board may require that such areas be indicated on the plat and marked "Reserved for Street Realignment (or Widening) Purposes."
C. 
Easements for utilities and drainage. Where topography 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 20 feet in width for such utilities shall be provided across property outside the street lines and with satisfactory access to the street. Such easements shall be centered on rear or side lot lines.
D. 
Easements for pedestrian access. The Planning Board may require, in order to facilitate pedestrian access from streets to schools, parks, playgrounds, or other nearby streets, perpetual unobstructed easements at least 20 feet in width.
E. 
Easements for maintenance of slopes. Where steep slopes beyond the street right-of-way may require maintenance, an easement may be required for such purpose.
F. 
Responsibility for ownership of reservations. Title to all reservations, if vested in interests other than the subdivider, shall be clearly indicated on the plat.
G. 
Improvements.
(1) 
Monuments and markers. Permanent monuments shall be placed at all block corners, angle points, points of curvature and points of tangency in streets and intermediate points as required by the Town Engineer or other authorized person. In no case shall there be fewer than four permanent monuments per block. Monuments shall be set so as to prevent movement by frost upheaval and other pressures. Markers of a material, size, and length suitable to the Town Engineer or other authorized person shall be placed at all points where road lines intersect plat boundaries and at all lot corners.
(2) 
Street improvements. Streets shall be graded and improved with pavement, street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, sanitary sewers, storm drains, and fire hydrants, except where waivers may be requested, and the Planning Board may waive, subject to appropriate conditions, such improvements as it considers are not requisite in the interest of the public health, safety and general welfare or may result in unnecessary hardship. If underground utilities are required by the Planning Board, they shall be placed between the paved roadway and street right-of-way line, where possible, to simplify location and repair of the lines. The subdivider shall install underground service connections to the property line of each lot before the street is paved. Such grading and improvements shall be approved as to design and specifications by the Town Engineer or other authorized person, who shall require that all pertinent Town standards and specifications shall be met.
(3) 
Water and sewerage facilities. All facilities for water and sewerage must meet all Ulster County Board of Health requirements.
(4) 
Storm drainage facilities. Storm drainage facilities shall provide a clear and protected channel fully adequate to handle runoff from a five-year storm and designed so that heavy runoffs which exceed the capacity of the channels can be handled with least possible damage to improvements and structures.
(5) 
Public utilities. The Planning Board may accept assurance from each public utility company whose facilities are proposed to be installed. Such assurance shall be in writing, addressed to the Planning Board, stating that such public utility company will make the installations necessary for the furnishing of its services within a specified time, in accordance with the approved subdivision plat.