Subdivision plats, including related streets,
drainage, parks and other improvements and the provision for water
supply, sewage disposal and easements, shall be planned, designed
and constructed in accordance with the standards hereinafter specified,
including the following:
A.
Plans. Construction plans shall be prepared in accordance
with good professional design practice. Such plans shall be approved
in writing by the Planning Board and, at the discretion of the Board,
may be required to be approved in writing by the Philipstown Superintendent
of Highways or by an engineer or representative designated by the
Town Board.
B.
Construction. The construction of improvements shall
be carried out in a workmanlike manner, in accordance with the time
limits approved by the Planning Board and in accordance with the accepted
construction program. All construction shall be subject to inspection
and notification as follows:
(1)
The Planning Board and the Town Superintendent of
Highways or an engineer or representative designated by the Town Board
shall have free access to the construction work at all times and shall
be deemed authorized to take materials samples, cores and other tests
as deemed necessary to determine compliance with the standards of
these regulations.
(2)
The Planning Board, Superintendent of Highways or
representative designated by the Town Board may require the applicant,
at his expense, to have such tests made and certified by a land surveyor
or professional engineer, or both, as required or permitted by law.
(3)
Other Town agencies and state and county agencies
having regulatory jurisdiction over portions of the plat shall also
have free access to the construction work at all times.
(4)
The applicant or his contractor or agent shall give
timely notice to the Town Superintendent of Highways or engineer or
representative designated by the Town Board at the commencement and
completion of each phase of the work in accordance with procedures
as may hereafter be adopted by the Town Board or Planning Board.
In connection with the submission and approval
of construction plans and grading plans, the Planning Board may require
the applicant to submit a construction program and schedule, specifying
the timing and sequence of construction steps, including provision
for:
A.
Control of soil erosion and sedimentation.
B.
The completion and operative condition of various
phases of streets and drainage facilities.
C.
The installation of underground utilities and connections
to lots.
D.
The method and location for disposal of trees, stumps,
excess earth materials and construction debris.
The Planning Board may approve alternate design
and construction standards when:
A.
Such standards are prepared by a professional engineer
licensed by the State of New York.
B.
The Planning Board determines that such standards
will be in accord with the purpose and intent of these regulations;
and
C.
If constituting a modification of standards specified
in other ordinances, local laws or regulations, such alternate standards
are approved by the agency responsible for administration of such
ordinances, laws or regulations.
Subdivision plats shall be planned and designed
in general conformity with any Comprehensive Master Plan of development
adopted by the Planning Board under § 272-a of the Town
Law for the Town or the neighborhood encompassing the plat, particularly
with regard to but not limited to:
Subdivision plats shall be planned and designed
to conform to any Official Map adopted by the Philipstown Town Board
under the provisions of §§ 270 and 273 of the Town
Law, particularly with regard to the location, classification, standards
and layout of streets, highways, drainage systems and parks.
[Amended 11-2-2000 by L.L. No. 4-2000]
A.
The planning, design and construction of the subdivision
plat, including related streets, drainage and other improvements and
land disturbance, shall provide for protection and management of environmentally
sensitive areas and natural features on and adjacent to the tract
as follows:
(1)
By avoiding excessive tree removal, cuts or fills
and land disturbance which result in uncontrolled soil erosion and
sedimentation or which may degrade watercourses, wetlands and water
resources.
(2)
By avoiding relocation of or encroachment upon natural
watercourses, including ponds and lakes, and watercourse buffer zones.
(3)
By avoiding land disturbance on wetlands and wetlands
buffer zones and special flood hazard areas and other land subject
to potential flooding.
(4)
By avoiding removal of large isolated trees and desirable
woods and other vegetation.
(5)
By providing for use of and restriction of land disturbance
on steep terrain and within steep terrain wetland/watercourse transition
areas in accordance with § 147-4, Criteria for use, protection
and management of steep terrain of Chapter 147.
(6)
By providing for protection and management of watercourses and controlled wetlands, and their buffer zones, and of steep terrain consisting of Class II and III slopes and steep terrain wetland/watercourse transition areas by means of easement, reservation area with restrictions set forth on the plat map or other controls intended to provide for use and restriction of land disturbance in accordance with the criteria, standards and requirements of Chapters 93 and 147.
B.
The Planning Board may at its sole discretion approve
plans for the subdivision plat which modify such environmentally sensitive
lands and natural features only when the Planning Board:
(1)
Has made findings as to the existing conditions and
causes for consideration of modification; and
(2)
Has considered the alternatives to such modification;
and
(3)
Either has identified environmental benefits which
may be achieved by modification or has determined that the modification
will enable access to or within the tract when no practical alternative
for access is available and that without the modification substantially
all reasonable use of the tract would be precluded; and
(4)
Only when permission for modification, as required
by law, has been obtained by the applicant from any regulatory agency
having jurisdiction.
A.
Proposed building lots shall be of such shape, size,
location, topography, access and character as to be occupied and used
for building purposes, whether dwelling, business or industrial as
permitted by law, without danger to the health and safety of the occupants,
the neighborhood or the public. Any proposed lot which is found unsuitable
for occupancy or building, such as by reason of water or flooding
conditions, topography, unsuitable soils or other conditions, shall
be combined with another contiguous lot that is suitable or shall
be marked "This is not an approved lot" on the final plat map, until
necessary improvements to the lot have been made and approved by the
Planning Board and a revised final plat map has been submitted to
and approved by the Planning Board.
B.
Proposed building lots shall also conform to the following
additional standards:
(1)
Use. Proposed building lots shall have a shape, size
and access suitable for the intended use, whether for dwelling or
other purposes, in accordance with the zoning district where located.
(2)
Lot size and zoning. Each lot shall conform to the
Zoning Law of the Town of Philipstown[1] unless required by these regulations to be larger as follows:
(a)
To accommodate on-site water supply and/or sewage
disposal systems.
(b)
When sole access to the lot is given by an open
development area private right-of-way or easement created after the
effective date of these regulations (July 3, 1980), in which case
each lot shall contain an area of 120,000 square feet or more and
shall be of such shape that a square with 250 feet on each side will
fit on the lot.
(c)
To comply with other requirements of this section.
(3)
Access. Each lot shall have access on a state, county
or Town of Philipstown highway; a street shown upon a subdivision
plat approved by the Planning Board; or a private right-of-way or
easement approved under the Open Development Area General Regulations
of the Town of Philipstown.[2] In addition, each lot shall be capable of accommodating
vehicular access from such street or private right-of-way or easement
to a parking space or spaces on the lot by means of a driveway[3] having a safe alignment and sight distances, having a grade no greater than 14% and meeting the street or private right-of-way or easement in a manner that maintains the standard cross section therefor in accordance with its classification under § 112-34A and the Town Road Specifications.[4]
(4)
Terrain. Proposed building lots shall be planned to
make the best use of the natural terrain, to preserve substantial
trees, woods, swamps and water resources and to avoid extensive regrading,
particularly any regrading which would adversely affect the ability
of the lot to accommodate on-site sewage disposal and/or water supply
facilities or result in potential soil erosion and sedimentation.
(5)
Lot numbers. All lots shall be numbered consecutively
beginning with the numeral one. Sections of a subdivision plat under
the same name shall have consecutive lot numbers. Letter designations,
however, may be used for revision of lots.
(6)
Municipal boundary. It shall be within the discretion
of the Planning Board to disapprove any lot crossed by a municipal
or special district boundary line. In the event that a lot crossed
by a municipal boundary is to be approved, the portion of the lot
within the Town of Philipstown and outside of the Villages of Cold
Spring and Nelsonville shall conform in all respects to the Zoning
Law and these regulations.
(7)
Water supply and sewage disposal. Each lot shall be
provided with water supply and sewage disposal systems, whether by
on-site or central system, meeting the rules and regulations of and
approved by the Putnam County Department of Health. Any proposed lot
shown on a preliminary plat and deemed by the Planning Board to be
unsuitable for on-site water supply and/or sewage disposal systems
may be disapproved by the Board at the time of preliminary consideration,
but such lot may be shown on the final plat map if approved for on-site
systems by the Putnam County Department of Health.
Streets shall be planned and designed in accordance
with the Town Road Specifications and the following supplementary
standards:
A.
Classification.
(1)
Each street in the subdivision plat shall have one
of the following classifications in accordance with the function and
location of the street as approved by the Planning Board:
(a)
Local residential street: a street primarily
providing access to abutting lots to be used for residential purposes.
(b)
Collector street: a street of considerable existing
or potential continuity on which traffic past abutting lots will be
dominant and serving as an artery for intercommunication among large
areas of the Town or serving as a feeder to a neighborhood.
(c)
Commercial street: a street providing access
to abutting lots used for business or industrial purposes or giving
access to or circulation within business or industrial areas.
(d)
Private way: a street that is a private right-of-way
or easement providing sole access to not more than four abutting lots,
each used only for a single-family detached dwelling for one family,
and when such private right-of-way or easement is clearly identified
on the final plat map as being privately owned and privately maintained
and not offered for acceptance by the Town of Philipstown; provided,
however, that a private way may provide access to additional lots
that have practical and usable access on a state highway or county
road when access by means of the private way will assist traffic safety
by avoiding construction of additional driveways onto such highway
or road.
(2)
In addition, the Planning Board may assign each existing
street abutting the subdivision plat as one of the above classifications
unless such abutting street is a state highway or county road.
B.
Street planning. Proposed streets and rights-of-way
shall be planned in accordance with the following criteria:
(1)
Streets shall provide safe and convenient circulation
for both present and prospective traffic within the subdivision plat
and within the neighborhood where the plat is located, taking into
account, among other factors, the topography of the neighborhood,
access by fire protection and other emergency vehicles and school
bus service.
(2)
Each local residential street, collector street and
commercial street shall connect to an existing state, county or Town
of Philipstown road or street or to a street other than a private
way, shown upon a subdivision plat approved by the Planning Board
and over which the applicant has rights of access.
(3)
Each private way shall connect to:
(a)
An existing state highway or county road;
(b)
An existing Town of Philipstown street or highway;
(c)
A proposed Town street or highway shown on a
plat approved by the Philipstown Planning Board and filed in the Putnam
County Clerk's office; or
(4)
Street should in general follow the contour of the
land and should have a location and grade which accomplishes an attractive
layout and development of the land, which preserves natural terrain,
large isolated trees and desirable woods and other vegetation and
which will enhance property values in the subdivision plat.
(5)
Proposed streets which may be projected into adjoining
property shall be carried to the boundary line. No reserve strips
to block access to a street shall be provided unless specifically
approved by the Planning Board as necessary for safety on the street.
(6)
Unless otherwise approved by the Planning Board, proposed
streets shall provide for continuation of existing Town streets terminating
at the boundary of the subdivision.
(7)
No street shall be located on steep terrain consisting of Class III Slopes or within steep terrain wetland/watercourse transition areas, on controlled wetlands and/or wetlands buffer zones or on special flood hazard areas unless the considerations, findings and requirements of § 112-32B have been fulfilled.
[Added 11-2-2000 by L.L. No. 4-2000]
C.
Right-of-way. Streets shall have the following minimum
width of right-of-way according to their classification or such greater
width as approved by the Planning Board as necessary for anticipated
traffic capacity, type of traffic, turning movements and construction
requirements:
|
Type of Street
|
Right-of-Way Width
(feet)
| |
|---|---|---|
|
Local residential street
|
50
| |
|
Collector street
|
50
| |
|
Commercial street
|
60
| |
|
Private way
|
50
|
D.
Street lines. Street lines on each side of a proposed
street shall be parallel or shall be concentric arcs, except in intersections
and turnarounds designed in accordance with these regulations. No
street right-of-way shall be widened beyond the width specified in
these regulations for the purpose of securing additional street frontage
for proposed lots.
E.
Existing streets. Proposed subdivisions abutting an existing county road or Town street shall provide for proper or proportionate widening of the right-of-way of such road or street to the width established by the County Superintendent of Highways or corresponding to the classification assigned such street by the Planning Board under Subsection A above.
F.
Dead-end streets. Unless otherwise approved by the
Planning Board, streets to be constructed to the Town Road Specifications,
permanently closed at one end by building lots and which will not
be extended in the future, shall not exceed a length of 1,000 feet.
Temporary dead end streets, which may be projected into adjoining
property at some future date, may exceed such length but shall not
exceed a reasonable interim length for safe and convenient vehicular
access, including emergency vehicles, as approved by the Planning
Board.
G.
Turnarounds. A turnaround shall be provided at the
closed end of a dead-end street providing sole access to one or more
building lots as follows:
(1)
Streets to Town specifications. The turnaround shall
have a diameter of 120 feet. The right-of-way for a turnaround on
a temporary dead-end street, which may at some future date be projected
into adjoining property, shall be provided in the form of a temporary
easement noted on the final plat map.
(2)
Private way. The turnaround shall have a diameter
of 75 feet or may be a hammerhead- or branch-type turnaround capable
of accommodating the turn and backing movements of a vehicle 40 feet
in length.
H.
Controlled access to streets. In general, the layout
of building lots and streets, unless otherwise approved by the Planning
Board, shall avoid vehicular driveway access to lots from state highways
and county roads. Where such driveway access is approved by the Planning
Board, the Board may specify the location of such access or require
combined driveways to serve two or more lots.
I.
Width of pavement. Streets shall be designed with
the following width of pavement centered between the right-of-way
lines:
|
Type of Street
|
Pavement Width
(feet)
| |
|---|---|---|
|
Local residential street
|
20
| |
|
Collector street
|
24
| |
|
Commercial street
|
36
| |
|
Private way
|
14
|
J.
Grade. The minimum grade for any street shall be 1%,
and the maximum grade shall not exceed the following:
|
Type of Street
|
Maximum Grade
(percent)
| |
|---|---|---|
|
Local residential street
|
10
| |
|
Collector street
|
10
| |
|
Commercial street
|
8
| |
|
Private way
|
14
| |
|
Turnaround
|
3
|
K.
Intersections: The following standards shall apply
to street intersections:
(1)
No more than two streets shall intersect at one point.
Intersections shall be spaced not less than 400 feet apart.
(2)
Streets shall intersect one another at as near to
a right angle as possible; no intersection shall be at an angle of
less than 60°.
(3)
At street intersections, property line corners shall
be rounded by an arc having a minimum radius of 25 feet.
L.
Alignment. Connecting curves between tangents shall
be provided for all deflection angles in excess of five degrees. Suitable
tangents, not less than 100 feet, shall be provided between reverse
curves, and the minimum radius of curvature at the center line of
streets shall be as follows:
|
Type of Street
|
Radius of Curvature
(feet)
| |
|---|---|---|
|
Local residential street
|
200
| |
|
Collector street
|
500
| |
|
Commercial street
|
300
| |
|
Private way
|
75
|
M.
Street names. Streets shall bear names which are appropriate
to the character of the Town and which do not duplicate or too closely
approximate in spelling or sound existing street names in the Town
or any adjoining municipality. All street names shall be subject to
the approval of the Town Board.
A.
Streets other than private ways shall be constructed
in accordance with the Town Road Specifications.
B.
Private ways shall be constructed as follows:
(1)
Travelway. Private ways shall be provided with a fourteen-foot
travelway constructed with a suitable compacted gravel or crushed
stone base eight inches in depth, meeting the specifications for a
foundation course as set forth in the Town Road Specifications.
(2)
Drainage. The travelway shall be provided with sufficient
drainage to protect the stability of the travelway and to prevent
water from crossing the travelway surface.
C.
Existing private ways. A private way which is an extension
of an existing private right-of-way or easement may, if authorized
by the Planning Board, be improved to the lesser standards specified
for existing rights-of-way or easements under the Open Development
Area General Regulations of the Town of Philipstown.[1]
Storm drainage shall be planned and designed
in accordance with the Town Road Specifications and the following
standards:
A.
General. The storm drainage system shall provide for
drainage from the entire area of the subdivision plat and shall take
into account land outside the plat which normally drains across the
area of the plat as well as the effects of the plan upon downstream
drainage systems. The drainage systems for the subdivision plat shall
make use of and protect, and improve as needed, the natural drainage
system; artificial ditches are to be avoided. The drainage system
shall provide for the following:
(1)
Adequate drainage of proposed streets, including future
extensions thereof into adjoining property, and adequate drainage
from existing streets that are extended into the plat.
(2)
Interception or management of existing channeled drainage
coming from any adjoining property or street.
(3)
Protection of locations necessary for on-site sewage
disposal and water supply facilities.
(4)
Prevention of flooding, soil erosion and sedimentation.
(5)
On-site detention, where feasible, in order to lessen
the time of downstream concentration and provide for continuity of
flow in watercourses.
B.
Encroachment lines. Floodplains, each stream that
functions as part of the drainage system and any related swamp or
floodplain shall be provided with channel, building or other encroachment
lines to prevent encroachment, constriction or diversion by building,
excavation, grading or filling. The encroachment lines shall be shown
on the final plat map, accompanied by a note specifying the restrictions
in a manner approved by the Planning Board.
Storm drainage other than for private ways shall
be constructed in accordance with the Town Road Specifications.[1]
Bridges, box culverts, deep manholes and other
special structures shall be designed and constructed, where required,
in accordance with good engineering practice and as approved by the
Planning Board or the engineer or representative designated by the
Town Board.
Easements for access to and use of land outside
of a street right-of-way shall be provided as required or approved
by the Planning Board and shall be shown on the final plat map with
adequate survey information so that the land subject to easement may
be accurately located by field survey. Easements shall be provided
in at least the following cases:
A.
For access to bridges and culverts with construction
and maintenance equipment on streets to be constructed to the Town
Road Specifications.
B.
For stormwater pipes, water mains and sanitary sewers
and appurtenances to be constructed to Town specifications, which
easements shall be not less than 20 feet in width.
C.
Easements for temporary turnarounds as provided in § 112-34G(1).
D.
Temporary construction easements, for grading and
other construction work, in the front 25 feet of each lot along a
proposed street to be constructed to Town Road Specifications.
E.
Where deemed necessary by the Planning Board, sight
easements across corners of lots at intersections to assure safe lines
of sight on the street.
F.
Easements at least 10 feet in width for pedestrian
ways to parks, playgrounds, schools and other public or semipublic
places where the street system does not conform to a convenient pattern
of pedestrian circulation.
Sidewalks shall be installed in places deemed
necessary by the Planning Board, such as but not limited to in pedestrian
easements, along collector streets and commercial streets and along
other streets in the vicinity of schools, parks and playgrounds. Sidewalks
shall be constructed in accordance with the Town Road Specifications.[1]
Provision shall be made for control of erosion
and sedimentation, both during and after construction of streets,
drainage, parks and other improvements; the Guidelines for Erosion
and Sediment Control in Urban Areas of New York State, dated 1972
and published by the United States Department of Agriculture Soil
Conservation Service, is an acceptable basis for design and construction.
When recommended by the Board of Fire Commissioners
of the applicable fire district, the Planning Board may require that
suitable existing ponds within the plat be designated as available
for fire protection purposes and be provided with suitable permanent
access by means of a driveway and/or hydrant for use in connection
with Town fire protection services. Where there is no existing pond,
the Planning Board may, where feasible, require the creation of such
a pond on a watercourse within the plat, if recommended by the Board
of Fire Commissioners and approved by any agency having regulatory
jurisdiction over the watercourse. As recommended by the Board of
Fire Commissioners, the Planning Board may require the provision of
suitably improved fire access rights-of-way, such as between nearby
dead-end streets, so as to assure alternate access for emergency services.
[Amended 5-12-1988, approved 6-2-1988]
In subdivision plats establishing lots to be
used for residential purposes, a park or parks, suitably located for
playground or other recreational purposes, shall be provided within
the plat when required by the Planning Board. The maximum area of
such park which may be required by the Planning Board is 10% of the
total area covered by the plat. The park area provided shall be of
such size, location, shape, topography and general character as to
be useful to satisfy the needs determined by the Planning Board. Proper
pedestrian and vehicular access shall be provided to each such park
area.
A.
Payment in lieu of reservation. If the Planning Board determines that a suitable park or parks of adequate size cannot be properly located within the plat or is otherwise not practical, the applicant shall pay to the Town a sum to be determined by the Philipstown Town Board to be used by the Town Board exclusively for neighborhood park, playground or recreation purposes, including the acquisition of property. FNOTEEditor's Note: See Art. II of Ch. 71, Development Fees.
B.
Ownership. The method of ownership, operation and
maintenance of a park area provided in a subdivision plat, whether
by means of a neighborhood association, special district, cooperative
or otherwise, shall be specified by the applicant and subject to the
approval of the Planning Board.
