The subdivider shall observe all design standards for land subdivision as hereinafter provided. These standards shall be considered minimum standards and shall be varied from or waived only as provided in Article VII. Particular attention should be given to matters outlined in § 277 of the Town Law as well as to the specific requirements of these regulations with regard to parks, playgrounds, open spaces, streets, pedestrianways, lots and blocks and public utilities.
A.
Character of land. Only land that is of such character
that it can be used without danger to or peril from fire, flood or
other menace shall subdivided for building purposes.
B.
Preservation of natural features. The Planning Board
may require the preservation of all natural features which add value
to residential developments and to the community, such as large trees
or groves, watercourses and falls, historic spots and similar irreplaceable
assets.
D.
Plats with access through other municipalities. Whenever
access to a subdivision is through the land of another municipality,
the Planning Board may require certificates, from authorities having
jurisdiction, that such access is adequately improved or that a legally
adequate performance bond has been duly posted and is sufficient in
amount to assure the construction of the necessary road or roads.
E.
Resubdivision. Resubdivision of all or part of land
covered by an existing plat which has been out prior to adoption of
these subdivision regulations shall follow requirements for an original
plat, including the vicinity map. Such replat shall show clearly what
area or areas have been vacated. It shall also show the file number
of all previous plats of the same area with dates of filing.
F.
Preservation of topsoil. No topsoil shall be removed
from any land, except that in areas over which heavy equipment will
be operated, the topsoil shall be stripped and piled on the property.
When final grades have been established and construction activities
have been completed, the entire property shall be suitably graded
and recovered with the topsoil.
G.
Monuments. Monuments shall be constructed in accordance
with the specifications of the Town and the requirements of the State
Department of Public Works. They shall be set at all corners, at angle
points of the boundaries of the original tract, at all street intersections
and points of curve and at such intermediate points as shall be required
by the Superintendent of Highways. The locations thereof shall be
shown on the subdivision plat. The corner of all lots shall be marked
with either metal markers 3/4 inch in diameter or concrete markers
three inches square. Markers shall be at least 24 inches in length
and placed into the ground to grade.
A.
Watercourses.
(1)
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.
(2)
Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way as required by the Town Engineer,
conforming substantially to the line of such width as will be adequate
to preserve natural drainage, but in no case less than 20 feet in
width. Such easements shall be maintained by the owners of the properties
traversed by the easement.
(3)
The costs for all reviews of drainage and engineering
studies by the Town Engineer shall be borne by the project applicant.
B.
Required state permits. Any subdivider proposing to
disturb or alter any state-designated protected stream as established
pursuant to Article 15 of the Environmental Conservation Law, or proposing
to disturb or alter any state designated wetland and buffer area as
established pursuant to Article 24 of the Environmental Conservation
Law, must obtain the appropriate permits from the New York State Department
of Environmental Conservation, as required for such disturbance or
alteration activities as specified in Parts 608 and 663 through 665
of the New York Code of Rules and Regulations.
C.
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 maintained by the owners
of the properties traversed by the easement.
D.
Drainage structures to accommodate potential development
upstream. A culvert or other drainage facility shall be suitably sized
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 this facility based on anticipated
runoff.
E.
Responsibility from drainage downstream. The subdivider's
engineer shall study the effect of the proposed plat 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, the Planning
Board shall notify the Town Board of such potential condition. In
such case, the Planning Board shall not approve the subdivision until
provisions have been made for the improvement of said condition.
F.
Stormwater runoff. The subdivider may provide, or
may be required by the Planning Board to provide, stormwater runoff
control techniques and measures, such as but not limited to retention
basins and ponds, and materials used to line drainage channels. Such
stormwater control facilities shall be located in perpetual unobstructed
easements of appropriate length and width maintained by the owners
of the properties traversed by the easement.
G.
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 condition.
A.
Recreation standards. The Planning Board shall require that land be reserved for parks and playgrounds or other recreation purposes in locations designated on the Town Development Plan or otherwise where such reservations would be appropriate except as provided in Subsection D below. Each reservation shall be of suitable size, dimension, topography and general character and shall have adequate road access for the particular purposes envisioned by the Planning Board. The area shall be shown and marked on the plat, "Reserved for Park and/or Recreation Purposes." When recreation areas are required, the Planning Board shall determine the number of acres to be reserved for such purposes in an amount not to exceed 10% of the gross area of the property to be subdivided.
B.
Minimum size of park and playground reservations. In general, land reserved for recreation purposes shall have an area of at least one acre. When the size of the property would create less than one acre, the Board may require that the recreation area be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided. In no case shall an area of less than 1/2 acre be reserved for recreation purposes if it will be impractical or impossible to secure additional lands in order to increase its area. Where recreation land in any subdivision is not reserved, or the land to be reserved is less than 1/2 acre, the provisions of Subsection D below shall be applicable.
C.
Recreation sites. Land reserved for recreation purposes
shall be of a character and location suitable for use as a playground
or playfield or for other recreation purposes and shall be improved
by the developer to the standards required by the Planning Board,
which improvements shall be included in the performance bond. The
Planning Board may refer any subdivision proposed to contain a dedicated
park to the local government official or department in charge of parks
and recreation for a recommendation. All land to be reserved for dedication
to the local government for park purposes shall have prior approval
of the Town Board and shall be shown marked on the plat, "Reserved
for Park and/or Recreation Purposes."
D.
Alternative procedure: money in lieu of land. Where,
with respect to a particular subdivision, the reservation of land
required pursuant to this section does not equal the area required
to be reserved or where the Planning Board finds that land suitable
or appropriate for recreation purposes cannot properly be located
in the plat, the Planning Board shall require, prior to final approval
of the subdivision plat, that the applicant deposit with the Town
Board a cash payment in lieu of land reservation. Such deposit shall
be placed in a park and recreation improvement fund to be established
by the Town Board and shall be used for improvement of a neighborhood
park, playground or recreation area, including the acquisition of
property. The amount of such deposit shall be in accord with a schedule
for such payments determined by the Town Board.
A.
General objectives. Streets shall be of sufficient
width, suitably graded and located and adequately constructed to accommodate
the prospective traffic and to afford adequate light and air, to facilitate
fire protection and to provide access for fire fighting, snow removal
and other road maintenance equipment and shall be coordinated so as
to compose a convenient system properly related to the proposals shown
on the development plan. The arrangement of streets shall be such
as to cause no undue hardship to adjoining properties, and no property
shall be rendered inaccessible from an existing public street or from
a proposed street in a subdivision for which a completion bond has
been posted.
B.
Arrangement. The arrangement of streets in the subdivision
shall provide for the entrance and continuation of principal streets
from adjoining subdivisions and for the extension of principal streets
into adjoining land which has not yet been subdivided. Such arrangement
shall be required in order to facilitate fire protection, movement
of traffic and the construction or extension, currently or as needed
in the future, of necessary utilities and public services, such as
sewers, water and drainage facilities.
C.
Drains, culverts and ditches. All drains, culverts,
ditches and other necessary street drainage improvements required
by the Planning Board shall provide adequate drainage of all roads
and other public lands, shall conform to the Town specifications and
shall be acceptable to the Superintendent of Highways. The installation
of these improvements shall be at the expense of the subdivider.
D.
Arterial streets. Where the proposed subdivision contains
or is adjacent to an existing or proposed arterial street, the Planning
Board may require service streets, dead-end streets, reverse-frontage
lots, screen planting and other treatment to protect adjacent properties,
to separate arterial and local traffic and to create lots suitable
for the appropriate use of the land between the streets and the right-of-way
of the arterial street.
E.
Minor streets. Minor streets shall be laid out in
a manner to discourage their use by through traffic. Minor and collector
street openings onto any arterial street shall normally be at least
800 feet apart, if possible.
F.
Street connections. Subdivisions containing 50 lots
or more shall have at least two connections with existing streets.
G.
Standards for street design.
|
Minor Street
|
Collector Street
| ||
|---|---|---|---|
|
Minimum right-of-way width
|
50 feet
|
60 feet
| |
|
Minimum pavement width
|
24 feet
|
30 feet
| |
|
Minimum radius of horizontal curves
|
150 feet
|
250 feet
| |
|
Minimum length of vertical curves
|
100 feet, but not less than 20 feet for each
1% algebraic difference of grade
|
200 feet, but not less than 30 feet for each
1% algebraic difference of grade
| |
|
Minimum length of tangents between reverse curves
|
100 feet, except where excessive grades may
be reduced to reasonable grades by shortening tangen
|
200 feet
| |
|
Maximum grade
|
12%
|
8%
| |
|
Minimum grade
|
1/2 of 1%
|
1/2 of 1%
| |
|
Minimum site distance
|
150 feet
|
250 feet
|
H.
Widening or realignment of existing streets.
(1)
Where a subdivision borders an existing street and
the Official Map or Master Plan indicates plans for realignment or
widening of the street that would require reservation of some land
of the subdivision, the Planning Board may require that such areas
be shown and marked on the plat "Reserved for Street Realignment (or
Widening) Purposes."
(2)
Where a development abuts an existing road and future widening may be required, the Planning Board may require that the subdivider dedicate additional right-of-way equal to 1/2 the additional required right-of-way width to meet the requirements of Subsection B above, if the subdivision abuts one side of the street, and the additional required right-of-way width to meet the requirements of Subsection G above, if the subdivision abuts both sides of the street.
I.
Street intersections.
(1)
The intersection of streets shall be at angles of
approximately 90º, but in no case shall two streets intersect
any angle smaller than 60º. To achieve this, an oblique street
should be curved when approaching an intersection. Cross (four-cornered)
street intersections shall be avoided insofar as possible, except
at important traffic intersections. All corners of pavement at street
intersections shall be rounded by curves of at least 25 feet in radius.
(2)
On a corner lot in any residence district, no fence,
wall, hedge, structure or planting more than 2 1/2 feet in height
shall be erected, placed or maintained within the triangular area
formed by the intersecting pavement lines, or their projections where
corners are rounded, and a straight line joining the pavement lines
at points 50 feet distance from their point of intersection. Land
at the corners of intersecting streets shall be graded so as not to
exceed in elevation, at any point, the surface of an imaginary triangular
plane established as follows:
J.
Street jogs. Street jogs with center-line offsets
of less than 150 feet shall not be permitted.
K.
Dead-end streets. No streets which are designed as
permanent dead ends shall be permitted. The Planning Board may require
that a temporary circular turnaround of a minimum of 50 feet in radius
be provided on temporary dead-end streets, with the notation on the
plat that the land outside the street right-of-way shall revert to
abutting property owners whenever the street is continued.
L.
Cul-de-sac. Culs-de-sac shall not exceed 750 feet
in length or six times the minimum lot width for the zoning district
in which located, whichever is greater, measured from the center line
of the continuous street providing the only access to the cul-de-sac,
along the center line of the cul-de-sac to the center of the turnaround
or if the cul-de-sac has several branches, to the center of the farthest
turnaround. The cul-de-sac shall terminate in a circular turnaround
having a minimum radius of 45 feet for the outside curb at the closed
end and minimum right-of-way radius of 60 feet.
M.
Easements in cul-de-sac. Where needed or desirable,
the Planning Board may require the reservation of a twenty-foot-wide
easement at the end of culs-de-sac to provide for continuation of
pedestrian traffic and utilities into the next streets.
N.
Street names.
(1)
Type of street name. All street names shown on a preliminary
plat or subdivision plat shall be approved by the Planning Board.
In general, the streets shall have names and not numbers or letters.
The developer shall pay for the cost of approved street signs and
sign posts. All approved street signs shall be to the specifications
established by the Town Highway Superintendent.
(2)
Street names to be substantially different. Proposed
street names shall be substantially different so as not to be confused
in sound or spelling with the present names, except that streets that
join or are in alignment with streets of any abutting or neighboring
property shall bear the same name. Generally, no street should change
direction by more than 90º without a change in street name.
(3)
County review. All proposed street names shall, prior
to final plat approval, be referred to the Ulster County Real Property
Tax Service Agency, which shall indicate in writing its approval or
disapproval of the proposed road name.
(4)
The Planning Board may also request that the subdivider
refer all proposed street names to the local post office(s) having
delivery jurisdiction over the area in which the proposed subdivision
is located.
O.
Clearing, grading, subbase and paving. All plans shall
conform to the Town minimum road specifications and shall be subject
to approval by the Town Engineer.
P.
Street trees. Trees shall be planted on both sides
of a street, in locations approved by the Planning Board, except where
unnecessary because of existing tree growth or undesirable because
of special circumstances. They shall generally:
(1)
Be located near the property line and be spaced approximately
50 feet apart, subject to variations made necessary by driveways and
street corners as well as by the species of trees planted.
(2)
Have a caliper of two inches or larger, measured at
a height of at least six inches above the ground level, and shall
have a minimum height of 12 feet from the ground level. The species
of trees shall be approved by the Planning Board.
Q.
Electric utility and communications distribution wires
and facilities. Nothing contained herein shall automatically require
the undergrounding of electric and telephone, cable television and
other communication distribution facilities such as poles and wires.
However, the Planning Board shall discuss with the subdivider the
economic feasibility of placing such utilities underground.
(1)
Underground utilities. Underground electric and communications facilities, where proposed, must be located as provided for in § 60-32.
(2)
Aboveground or overhead utilities. Utility poles shall
be set in such a location that they will normally be in back of the
curbline and between the curbline and the theoretical sidewalk line.
Where overhead utility wires are to exist, trees of a type that will
grow to a limited height and not interfere with the wiring shall be
used.
R.
Any deviation from any of the above-specified engineering
and construction requirements can only be made by a written release
from the Town Superintendent of Highways, such release to accompany
the owner's petition for the acceptance of the proposed Town highway.
S.
Private streets.
(1)
Any proposed private street, as defined in these regulations, which is intended to serve five or more proposed lots, shall be constructed and improved to the design standards set forth in § 60-29G above, and to the road construction standards as adopted by the Rosendale Town Highway Department. The type of finished travel surface is not required to be pavement or concrete, but shall be a dustless surface suitable for access under normal weather conditions at any time of the year.
(2)
The Planning Board may request that all proposed private
streets be reviewed by the local fire district officials, other emergency
service providers and the Town Highway Superintendent in order to
assist in the Board's determination of type of road design, construction
and finished travel surface necessary to provide adequate safe access
on the private street.
(3)
Road maintenance agreement (RMA) for private roads. As a condition to the approval of a private road, the Planning Board shall require the applicant to submit to the Planning Board for its approval a road maintenance agreement. Such agreement shall provide for the sharing of the obligation and cost of the repair and maintenance of the proposed road to be executed by the owners of all lots or parcels to which access is obtained by use of said road. Said agreement shall run with the land and be binding on the owners, their successors, distributees and assigns. The Planning Board shall refer the RMA to the Town Attorney, and may also refer the RMA to the New York State Attorney General's office, for the review of the scope and content of the agreement. The RMA shall be recorded in the office of the County Clerk simultaneously with the filing of the approved subdivision plat. A performance guaranty to ensure maintenance of the road, or establishment of a maintenance fund, may be required as per § 60-23.
A.
Sidewalks on collector streets. All streets designated
as "collector streets" shall have a sidewalk at least four feet wide
on both sides of the street, except that, at the discretion of the
Planning Board, one or both sidewalks may be eliminated. All such
sidewalks shall be so placed that there will be a distance of at least
three feet between the sidewalks and the street paving or 2 1/2 feet
between the sidewalk and curb and a distance of at least three feet
between the outer edge of the sidewalk and the right-of-way line.
Planting of street trees will be permitted in the space between the
sidewalk and the right-of-way line only.
B.
Sidewalks on minor streets. All minor streets shall
be provided with sidewalks on both sides of the street, except that,
at the discretion of the Planning Board, one or both sidewalks may
be eliminated. The size and location of such sidewalks shall be the
same as for collector streets.
A.
Lot layout. Lots shall be laid out and arranged to avoid any foreseeable difficulties by reason of unusual topography or other natural conditions and to permit construction of buildings in full compliance with Chapter 75, Zoning.
B.
Deep lots. Lots shall not be of unreasonable depth,
thus encouraging the later creation of a second building lot at the
rear, but if such depth is unavoidable, provision should be made wherever
possible in the layout of the subdivision for streets which may be
added later, through resubdivision, to serve the development of the
rears of deep lots.
C.
Corner lots. Corner lots shall be of sufficient dimensions
so that any structure placed thereon shall conform to the building
setback line and side yard requirement of the zoning district in which
the lot is located and generally should be of increased size.
D.
Double-frontage lots. Double-frontage lots shall be
avoided, except where necessary to separate residential areas from
major traffic arteries or other incompatible use. In such cases a
planting screen easement at least 10 feet wide providing no right
of access to the lot shall extend along the lot line abutting the
traffic artery right-of-way or incompatible use.
E.
Minimum lot size and density.
(1)
Each lot shall meet the minimum area, width and depth requirements as established by Chapter 75, Zoning.
(2)
In the event that a sketch plat proposes the creation of one or more lots which will not comply with the minimum lot size or other bulk regulations set forth in Chapter 75, Zoning, the subdivider may apply to the Rosendale Zoning Board of Appeals for an area variance, pursuant to § 75-44 of the Rosendale Town Code, without the necessity of a decision or determination of the Building Inspector. In reviewing such a request the Zoning Board of Appeals shall request that the Planning Board provide a written recommendation concerning the proposed variance. Any area variance so granted shall be considered by the Planning Board as completing the sketch plan review process.
F.
Side yard lines. All side yard lines of lots shall
be approximately at right angles to straight street lines and radial
or nearly radial to curved street lines.
G.
Driveways.
(1)
Wherever possible, lots shall be laid out so that
intended driveways have access to a street which is to carry the least
traffic.
(2)
All proposed driveway access points onto existing
public streets must be approved by the agency having jurisdiction
over said public street, be it the Town of Rosendale Highway Department,
the Ulster County Department of Public Works, or New York State Department
of Transportation.
(3)
All proposed driveways must maintain a minimum travel
surface width of 12 feet. The minimum width of a shared driveway,
serving no more than two for which further subdivision shall be prohibited,
shall be 16 feet.
(4)
The maximum allowable gradient on any proposed driveway
shall not exceed 12%, unless waived by the Planning Board. In considering
such a waiver, the Board may consult with the Town Highway Superintendent,
local fire district officials, and/or other emergency service providers.
H.
Block design. Each block shall normally be designed
to provide two rows of lots, but irregularly shaped blocks indented
by cul-de-sac streets and which contain interior parks will be acceptable.
Block lengths generally shall not exceed 1,500 feet in length. In
long blocks, the Planning Board may require the reservation through
the block of a twenty-five-foot-wide easement to accommodate utilities
and/or pedestrian traffic.
I.
Oversized lots. Where a proposed subdivision includes
lots of less than 10 acres of area but more than twice the area and
width required by the prevailing zoning regulations, the preliminary
plat shall indicate potential subdivision of such oversized lots in
a manner which conforms to all provisions of these regulations. Such
requirement may be waived if the plat includes a binding condition
which prohibits further subdivision of such oversized lots.
A.
Underground public improvements and utilities required
by the Planning Board shall be placed within street rights-of-way
in accordance with standards designated by the Town Engineer. Where
topography makes such placement impracticable, perpetual unobstructed
easements at least 15 feet wide shall be provided for utilities along
lot frontages abutting the street lines, with satisfactory access
to the street. Wherever possible, easements shall be continuous from
block to block, and their layout shall be as regular as possible.
If placed in the street right-of-way, underground utilities required
by the Planning Board shall be placed between the paved roadway and
the sidewalk or right-of-way line to simplify location and repair
of lines.
B.
The subdivider shall install, at his own expense,
such additional drainage structures as may be required by the Town
Engineer, if in his opinion such additional structures will further
improve the durability and maintenance of rights-of-way.
C.
Subject to the discretion of the Town Board, an underground
public improvement or utility operated for revenue by the Town or
special district may be installed by the Town in a private street,
provided that a public easement of size satisfactory to the Town Board
is obtained for such improvement or utility.
Where a water main does not exist or is not
accessible but the subdivision is located reasonably near a water
supply network, the subdivider shall install such main together with
all necessary valves, cutoffs, fire hydrants, pumps, booster tanks,
storage tanks, meters and other equipment necessary to make such water
system conform to the standards of the Town. All such mains and appurtenant
items of the water system equipment as may be necessary shall be installed
at the expense of the subdivider in accordance with Town specifications
and subject to the approval of the Town Engineer and all other authorities
having jurisdiction. Where practical, water mains shall be located
in the street right-of-way, between the paved roadway and street line,
to simplify location and repair of lines.
A.
Where a public sanitary sewer system is reasonably
accessible, the subdivider shall connect into the sewer and provide
a sewer connection for each lot.
B.
Where a public sanitary sewer system is not reasonably
accessible, but where the plans for the sanitary sewer district in
which the subdivision is located have been prepared, the subdivider
shall install sewers in conformity with those plans although a connection
with an existing main may not be immediately possible. In such cases
and until such connection can be made with the sewer system of the
district, the subdivider shall provide private separate sewer facilities
which shall conform to the requirements of all authorities having
jurisdiction.
C.
Where no existing or planned public sewers exist,
lots shall be provided with separate sewer facilities. Such lots shall
be of sufficient size, according to the character of the land and
the size of the system, to provide adequate leaching or satisfactory
performance of the system, in compliance with regulations of the Town,
the Ulster County Health Department and other appropriate authorities.
The subdivider shall install all necessary storm
drainage and appurtenant facilities at his expense, in accordance
with standards of the Superintendent of Highways and of all other
authorities having jurisdiction. Where an appropriate storm drainage
system is reasonably accessible, the subdivider shall make proper
connection thereto; otherwise the subdivider shall provide appropriate
means and methods for stormwater runoff satisfactory to the Planning
Board and all other authorities having jurisdiction.
