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 Article X herein.
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.
Subdivisions shall conform to the Official Map
of the town and shall be in harmony with the Comprehensive Plan.
All required improvements shall be constructed
or installed to conform to the town specifications, which may be obtained
from the Town Engineer.
Existing features which would add value to residential
development, such as large trees, watercourses, historic spots and
similar irreplaceable assets, should be preserved, insofar as possible,
through harmonious design of the subdivision. Development shall cause
minimum disturbance to existing landscaping. Topsoil shall not be
removed from the site except with the approval of the Planning Board.
A.
Width, location and construction. Streets shall be
of sufficient width, suitably located and adequately constructed to
conform to the Master Plan, if such exists, 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.
Relation to topography. Streets shall be logically
related and conform insofar as possible to original topography. They
shall be arranged so as to obtain as many as possible of the building
sites at or above the grades of the streets. A combination of steep
grades and sharp curves shall be avoided.
C.
Block size. Block dimensions shall be at least twice
the minimum lot depth and generally not more than 12 times the minimum
lot width. In long blocks, the Planning Board may require the dedication
through the block of a twenty-five-foot-wide easement to accommodate
utilities or pedestrian traffic.
D.
Intersections. Intersections of major streets by other
streets shall be at least 800 feet apart, if possible. Cross (four-cornered)
street 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, but in no instance shall the
angle be less than seventy degrees (70°), and grades shall be
limited to 1%. All street intersection corners shall be rounded by
curves of at least 25 feet in radius at the property line.
E.
Visibility at intersections. Within the triangular
area formed at corners by the intersecting street lines, for a distance
of 40 feet from their intersection and the 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.
F.
Design and construction standards. Streets shall meet
standards which will be established by Town Highway Superintendent
and Town Engineer, unless otherwise indicated on the Master Plan (if
enacted).
G.
Dedication. The Town Board shall, in consideration
of an offer of dedication of roadway, have the right to reject the
same if all other municipal improvements concerning the lots fronting
on the said roadway are not also complete. No street shall be accepted
between November 1 and May 1. In making said offer of dedication,
the subdivider shall submit the following documents to the Town Attorney:
(1)
An abstract of title continued to recent date showing
marketable title to the premises offered for dedication or, in the
alternate, a policy of title insurance insuring the fee interest of
said roadway to the Town of Fort Edward in an amount to be determined
by the Town Board.
(2)
A copy of the survey of the subject roadway, certified
to the Town of Fort Edward by the person preparing the same, acceptable
to the Town Engineer.
(3)
A continued tax search of subject premises.
(4)
A written review by the Highway Superintendent and
Town Engineer.
(5)
If surfacing material has not been applied, then a
certified check, bond or letter of credit in an amount recommended
by the Town Highway Superintendent and Town Engineer to cover the
cost of satisfactorily completing construction of said roadway.
(6)
An affidavit signed by the subdivider agreeing to
complete surfacing of the roadway within two years or when 90% of
the units are completed, whichever is less. Said subdivider shall
bear the expense of any paving cost overruns if the certified check,
bond or letter of credit on deposit with the town, with accrued interest,
should be an insufficient amount. The letter of credit shall be an
irrevocable letter of credit, and the town shall require that the
letter of credit be presented to a local confirming bank. The draft
demand for payment shall be accompanied by a sworn statement, signed
by the appropriate official of the town (Town Supervisor), stating
the developer is in default. In addition, should any amount of moneys
remain after surfacing is satisfactorily completed, said moneys, plus
accrued interest, shall be refunded to the subdivider.
H.
Continuation of streets into adjacent property. Streets
shall be arranged to provide for the continuation of principal streets
between adjacent properties where such continuation is necessary for
convenient movement of traffic, effective fire protection, efficient
provision of utilities, and particularly where such continuation is
in accordance with the Comprehensive Plan. If the adjacent property
is undeveloped and the street must be a dead-end street temporarily,
the right-of-way and improvements shall be extended to the property
line. A temporary circular turnaround, a minimum of 50 feet in radius,
shall be provided on all temporary dead-end streets with the notation
on the plat that land outside the street right-of-way shall revert
to abutters whenever the street is continued.
I.
Inspection of improvements. If the Town Engineer shall
find, upon inspection of the improvements performed before the expiration
date of the performance bond, that any of the required improvements
have not been constructed in accordance with plans and specifications
filed by the subdivider, he shall so report to the Town Board and
the Planning Board. The Town Board then shall notify the subdivider
and, if necessary, the bonding company, and take all necessary steps
to preserve the town's rights under the bond. No plat shall be approved
by the Planning Board as long as the subdivider is in default on the
previously approved plat.
J.
Permanent dead-end streets (culs-de-sac). Where a
street does not extend to the boundary of the subdivision and its
continuation is not needed for access to adjoining property, it shall
be separated from such boundary a distance of not less than 100 feet.
Reserve strips of land shall not be left between the end of a proposed
street and adjacent pieces of property. However, the Planning Board
may require the dedication of a twenty-foot-wide easement to accommodate
pedestrian traffic or utilities. A circular turnaround with a minimum
right-of-way radius of 65 feet shall be provided at the end of a permanent
dead-end street. For greater convenience to traffic and more effective
police and fire protection, permanent dead-end streets should, in
general, be limited in length to 800 feet.
K.
Street names. All streets shall be named, and such
names shall be subject to the approval of the Town Board. Names shall
be sufficiently different in sound and spelling from other street
names in the town so as not to cause confusion. A street which is
a continuation of an existing street shall bear the same name.
L.
Improvements. Streets shall be graded and improved
with pavement, street signs, sidewalks, streetlighting standards,
curbs, gutters, trees, water mains, sanitary sewers, storm drains
and fire hydrants and underground electric cable television and telephone
services, except where the Planning Board may waive, subject to appropriate
conditions, such improvements as it considers are not requisite to
the interest of public health, safety and general welfare.
M.
Underground utilities. Underground utilities required
by the Planning Board shall be placed between the paved roadway and
street line to simplify location and repair of the lines, and the
subdivider shall install underground service connections to the property
line of each lot before the street is paved.
N.
Grading and improvements shall conform to the town
minimum road specifications and other town standards and shall be
approved as to design and specifications by the Town Engineer or other
duly designated Town Official.
A.
Arrangement. The arrangement of lots shall be such
that there will be no foreseeable difficulties for reasons of topography
or other conditions in locating a building on each lot and in providing
access to buildings on such lots from an approved street. All lots
shall be numbered by the system used by the Assessor of the Town of
Fort Edward.
B.
Access across watercourses. Where a watercourse separates
the buildable area of a lot from the access street, provisions shall
be made for the installation of a culvert or other structure, of a
design approved by the Town Engineer or a duly designated town official.
Nothing in this section shall conflict or supersede provisions of
the New York State Freshwater Wetlands Act,[1] if applicable.
[1]
Editor's Note: See § 24-0101 et
seq. of the Environmental Conservation Law.
C.
Side lot lines. Side lot lines shall be at right angles
or radial to the street lines unless a variation from this rule will
give a better street or lot plan.
D.
Access from major streets. Lots shall not, in general,
derive access exclusively from a major street Where driveway access
from a major street may be necessary for several adjoining lots, the
Planning Board may require that such lots be served by a combined
access drive in order to limit possible traffic hazard on such street.
A.
Purpose. The purpose of this section is to provide
an equitable and effective development standard for securing adequate
land for parks, playgrounds and open space recreation uses in subdivisions
throughout the town.
B.
Land dedication. The subdivider proposing land dedication
shall file with the Town Board a plat detailing the sites for the
development of a park, playground or other recreational facility.
Recreation space shall be provided by the subdivision on the basis
of at least 1,000 square feet per lot but in no case shall the amount
be more than 10% of the total area of the subdivision. Such area or
areas may be dedicated to the town by the developer if the Town Board
approves such dedication. All lands designated on the plat as park,
playground or other recreation area not in town ownership shall be
subject to such conditions as the Planning Board may establish, such
as hours of operation, access to the general public, use and maintenance
of such lands as deemed necessary to assure the preservation of such
land for their intended purposes. Such conditions shall be shown on
the plat prior to plat approval and recording. The Planning Board
shall consider the following in determining the suitability of the
served land for recreational purposes:
C.
Fee in lieu of land. When requested by the subdivider, or in cases where the Board finds that, due to the size, shape, topography or location of the subdivision, land for park, playground or other recreation purpose cannot be properly located therein, the Town Board may waive the requirement that the plat show land for such purposes. The Board shall then require as a condition of approval of the plat a payment of recreation fees in lieu of land, such amount shall be in the amount adopted by the Town Board pursuant to Town Code § 50-1 and listed on the Fee Schedule.[1] Such amount shall be paid to the Town Board at the time
of final plat approval, and no plat shall be approved by the authorized
officer of the Planning Board until such payment is made. Such payments
shall be held in a special fund for acquisition and development of
recreation land, All money in this fund is to be used only for:
[Amended 6-13-2005 by L.L. No. 6-2005]
(1)
The purchase of land that is suitable for new or enlarged
parks, playgrounds or open spaces and located so as to serve the inhabitants
of the town's residential neighborhoods; and
(2)
The improvement of new or existing park, playground
and open space lands which serve the Town's residential neighborhoods.
D.
In any case, the Planning Board shall be satisfied
that required recreation land will be maintained and will not be used
for other than recreation purposes.
E.
Nothing in this section will be construed as prohibiting
a developer from reserving other land for recreation purposes in addition
to the requirements of this section.
F.
The Planning Board shall not at any time authorize
the waiver of both the land dedication and fee-in-lieu-thereof requirements.
Where the subdivision borders an existing street
and the Official Map or Comprehensive Plan or Master Plan (if enacted)
indicates plans for realignment or widening of the streets that would
require reservation of some land of the subdivision, the Planning
Board may require that such areas be shown and marked on the plan
"reserved for street alignment (or widening) purposes."
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.
The Planning Board may require, in order to
facilitate pedestrian access from street to schools, parks, playground
or other nearby streets, perpetual unobstructed easements at least
eight feet in width.
A.
All components of the water system shall meet the
requirements of the Water Department and the Rural Water Supply Manual
of the New York State Department of Health and the New York State
Department of Health Regulations for Realty Subdivisions. Hydrants
shall meet town standards.
B.
Supply. A source of supply shall be developed which
yield 100 gallons per resident in approximately 16 hours over a prolonged
period of time without disturbing the normal groundwater reserve.
C.
Quality. Water supplies for community water systems
shall meet all requirements of the New York State Public Drinking
Water Standards.
A.
Where an existing sanitary sewer is within 500 feet
of the subdivision and within the sewer district, the developer shall
extend it to accommodate the proposed subdivision. All elements of
the system must be approved by the sewer districts of Washington County
and the Town of Fort Edward, the State Department of Environmental
Conservation and the State Department of Health.
B.
Individual septic systems. Where the daily discharge
of sanitary sewage into an individual system for an individual residential
structure is less than 1,000 gallons per day per structure, the waste
treatment (septic) system shall be designed and constructed according
to the provisions and standards of the Waste Treatment Handbook, Individual
Household Systems (bluebook), New York State Department of Health,
Division of Sanitary Engineering, as amended.
C.
Combined septic systems. Where the daily discharge
from a structure, group of structures or units into a single sewage
treatment system exceeds 1,000 gallons per day, the standard and approval
of the New York State Department of Environmental Conservation will
be required.
Drainage shall meet a ten-year- or twenty-five-year-storm
maximum velocity of water; maximum runoff cannot exceed predevelopment
stage.
A.
General. A storm drainage plan must be approved by
the Planning Board encompassing all drainage elements for the drainage
of the subdivision, areas feeding the subdivision and areas downstream
from the subdivision. In designing for storm drainage, the Water Pollution
Control Federation Manual of Practice on Design and Construction of
Sanitary and Storm Sewers (MOP-9) shall be used as a guide. The procedures
of the manual are not binding, and other good engineering practices
may be accepted as approved by the Town Engineer.
B.
Removal of spring and surface water. 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.
C.
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, whether inside or outside the subdivision. The Town
Engineer shall approve the design and size of facility based on anticipated
runoff from a ten-year storm under conditions of total potential development
permitted by the Zoning Ordinance[1] in the watershed.
D.
Responsibility from drainage downstream. The subdivider's
engineer may also study 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. Where it is anticipated
that the additional runoff incident to the development of the subdivision
will overload an existing downstream drainage facility during a five-year
storm, the Planning Board shall notify the Town Board of such potential
condition. In such case, the Planning Board shall not approve the
subdivision until provision has been made for the improvement of said
condition.
E.
Land subject to flooding. Land subject to flooding
or land deemed by the Planning Board to be uninhabitable shall not
be platted for residential occupancy, nor 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 such
uses as shall not be endangered by periodic or occasional inundation
or improved in a manner satisfactory to the Planning Board to remedy
said hazardous conditions.
When the Planning Board renders final approval
of a subdivision, the Board shall issue a permit authorizing the subdivision
to undertake terms and conditions for control therein.
A landscape plan shall be prepared by a licensed
landscape architect for subdivisions of 20 lots or more. Such landscape
plan shall include:
A.
The location and species of street trees, if retained
within the right-of-way or proposed to be planted by the subdivider.
B.
Details of methods of tree protection and tree planting.
C.
Plans and details of any site improvements related
to park or recreation planning, including layout, grading, planting
and details of any improvements.
D.
Plans and details of any other public amenities provided
in the subdivision.
E.
The date and scale.
F.
The title under which the proposed subdivision is
to be recorded with the names of the owner and landscape architect
who prepared the landscape plan; the license number and seal of the
landscape architect shall be affixed to the drawing.
In order to enable and encourage 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 standards and
procedures:
A.
Standards.
(3)
The minimum acreage to which this section may be applicable
shall be five times the minimum lot area for the zoning district involved.
(4)
In the event that the utilization of this section
results in a plat showing lands available for park, recreation or
other municipal purposes directly related to the plat or in a plat
showing lands to be retained in open space in order to comply with
the average density of lots, the Planning Board may establish, in
the case of lands for park, recreation or other municipal purposes,
such conditions on the ownership, use and maintenance of such lands
as it deems necessary to assure the reservation of such lands for
their intended purposes, and, further, in the case of lands to be
retained in open space, it may require that such lands be restricted
by deed restriction, restrictive covenant, conveyance of a scenic
easement or other conservation restriction to the town, or other appropriate
means against development of land use inconsistent with their retention.
Ownership shall be clearly marked on the plat
for all reservations.
