[Amended 5-17-1994 by L.L. No. 18-1994]
B.
The Board is empowered to impose higher planning and
design standards that herein set forth where it finds that because
of exceptional and unique conditions of topography, location, shape,
size, drainage, or other physical features of the site, or because
of the special nature and character of surrounding development, the
minimum standards would not reasonably protect or provide for public
health, safety or welfare.
A.
The layout, character, extent, width, grade and location
of proposed streets shall be established with due regard to:
(1)
Public convenience and safety.
(2)
Proposed uses of the land to be served by said streets.
(3)
Proper relation to and connection with, continuation
and projection of, streets in the adjacent areas; and whether these
streets are existing or proposed in another subdivision, in a neighborhood
plan, in the Comprehensive Plan or in the Official Map, as approved
or adopted by the Board.
(4)
Topography and other land features.
B.
The layout of proposed streets shall furthermore be
arranged in a manner acceptable to the Board.
C.
Minor streets shall be laid out so as to discourage
their use by through traffic.
D.
Where a subdivision abuts or contains an existing
or proposed arterial street, limited access highway or railroad, the
Board may require marginal access or service streets, reverse frontage
lots with screen planting contained in a nonaccess reservation along
the rear property line, parks or such other treatment as may be necessary
for protection of residential properties and for separation of through
and local traffic with due regard for the requirements of future approach
grades and grade separations.
E.
Reserve strips controlling access to streets shall
be prohibited.
F.
Certain proposed streets may be required to extend to the boundary line of the subdivision to provide access to tracts which may be subdivided in the future. Wherever necessary, when a street is carried to the boundary line of the subdivision, the Board may require at the stub end a temporary turnaround improved to the satisfaction of the Town Engineer and of the size specified in Subsection O below.
G.
The Board shall determine the number of streets in
the proposed subdivision connecting with existing streets.
H.
Cross (four-corner) street intersections shall be
avoided except where necessary. Street jogs shall be prohibited. A
center-line offset of at least 200 feet shall be maintained between
minor streets intersecting opposite sides of a major street.
I.
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets, and may
be required on all other streets.
J.
Street right-of-way lines deflecting from each other
at any point shall be connected with a curve, the radius of which
for the inner right-of-way lines shall be not less than 500 feet on
arterial streets, 300 feet on collector streets and 100 feet on minor
streets. The outer right-of-way line in each case shall be parallel
to said inner right-of-way line.
K.
Streets shall be laid out so as to intersect at right
angles as nearly as possible. The inner right-of-way line of a street
intersecting another street at an angle of less than 90º shall
be tangent to and follow a curve with a minimum radius of 150 feet
centered on the nearest right-of-way line of the intersecting street.
The outer right-of-way line shall be parallel to said inner right-of-way
line.
L.
Street right-of-way lines at intersections shall be
connected with a curve, the radius of which shall be not less than
30 feet.
M.
Street right-of-way widths shall be as shown on the
Official Map or Comprehensive Plan; and if not shown thereon, said
widths for the various street types shall be not less than as follows:
[Amended 5-18-1976]
|
Street Type
|
Right of Way
(feet)
|
Roadway
(feet)
| |
|---|---|---|---|
|
Arterial
|
80
|
48+12 ft. mall
| |
|
Collector
|
60
|
40
| |
|
Minor, for row houses and apartment
|
60
|
40
| |
|
Minor, for other residences
|
50
|
30
| |
|
Minor, for other residences in low-density areas
(one unit per acre or less)
|
50
|
24
| |
|
Minor, dead end, 400 feet long or less
|
50
|
24
| |
|
Minor, in areas of steep slopes and soils with
high rock content (to be determined by Town Engineer)
|
50
|
24
| |
|
Minor, in R1-160 District
[Added 7-16-1987 by L.L. No. 25-1987] |
50
|
20
|
|
NOTE: The proposed width of 24 feet or 20 feet
allows for a two-lane road pavement but no parking lane. It is expected
that in low-density areas and short dead-end roads, incidence of on-road
parking is low and will not interfere with vehicle movement. In the
R1-200 and R1-160 Districts, "no parking" signs shall be required
at the entrances to all roads and a local law to such effect shall
be enacted by the Town Board at the time the road is accepted for
dedication.
[Amended 7-16-1987 by L.L. No. 25-1987] |
N.
The widths of streets adjacent to areas designed,
proposed or zoned for nonresidential use may be increased as deemed
necessary by the Board to ensure the free flow of through traffic
without interference from parked or parking cars and to provide adequate
and safe parking space.
O.
Dead-end streets, designed to be so permanently, shall
have a maximum length as determined by the Planning Board after a
report by the Director of Planning and the Town Engineer and approval
by the Planning Board, and shall be provided at the closed end with
a turnaround, the dimensions of which shall be determined by the Director
of Planning and the Town Engineer and approved by the Planning Board.
P.
Street names shall be selected so as not to duplicate
or be confused with the names of existing streets. Street names shall
be subject to the approval of the Board.
Q.
Street grades, wherever feasible, shall not exceed
5% except that grades of minor streets shall not exceed 8%. Grades
shall not exceed 4% for a distance of 100 feet from any intersection.
Street grades wherever feasible as determined by the Town Engineer
shall not be less than 1%.
S.
A minimum of 350 feet clear sight distance shall be
maintained on all horizontal curves. Appropriate sight easements shall
be granted to the Town to ensure such sight distance.
T.
A combination of excessive horizontal and vertical
curves in the same area shall be avoided.
U.
Whenever an existing street right-of-way abutting the parcel in question has a width of less than indicated in Subsections M and N of this section, required street widening strips if deemed necessary by the Town Engineer, based upon an Official Map, Comprehensive Plan or proposed construction plans on file, shall be indicated on the submitted plan as being deeded to the Town of Yorktown for future road widening purposes.
[Added on 4-5-1994 by L.L. No. 10-1994]
To ensure the development of parking areas with
a high degree of quality and maintenance of public health, safety
and welfare. The following minimum requirements shall be met:
A.
Sidewalks shall be required unless waived by the Board.
Wherever required, sidewalks shall have the following widths:
(1)
In residential subdivisions, five feet, unless otherwise
specified.
(2)
In commercial and industrial subdivisions, as determined
by the Board.
(3)
Pedestrian walkways other than in streets may be required
where deemed essential to provide for circulation or access to schools,
playgrounds, shopping centers, transportation and other community
facilities. The right-of-way for said walkways shall be not less than
15 feet wide.
B.
All required sidewalks shall be constructed in accordance
with specifications issued by the Town Engineer.
Where a subdivision is traversed by a watercourse,
drainageway, channel pipe or stream, there shall be provided a stormwater
easement or drainage right-of-way of such width as will be adequate
for the purpose and, where possible, such drainage or stream rights-of-way
shall be preserved by precluding alterations of the terrain within
50 feet on either side of the center line of a stream or watercourse
and 50 feet from a pool, swamp or marshland, in accordance with requirements
specified by the Town Engineer. Where a subdivision is located on
a ridge or mountaintop, there shall be prohibited the stripping of
trees or soil or alterations of the skyline.
A.
Lot width, depth, shape and orientation and the building setback lines shall be appropriate for the location of the subdivision for the type of development and for the use contemplated. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other natural conditions, in complying with Chapter 300, Zoning, in order to build on each lot. Lots shall not be of unreasonable depth, encouraging the later creation of a second building lot at the rear. Depth of lots shall not, in general, exceed 200 feet, except in areas where the minimum lot size required by Chapter 300, Zoning, is 40,000 square feet or more, where the depth of lots shall not exceed 300 feet. Where topographic or other conditions create unusual conditions, this requirement may be modified. Where practicable, lots shall be so laid out that the driveways have access to a local street and not to a major road carrying general traffic.
C.
Width and depth of properties reserved or laid out for commercial and industrial purposes shall be adequate to comply with the off-street parking and loading requirements contained in Chapter 300, Zoning.
D.
Corner lots shall have sufficient width to provide
an adequate building site within all the yard requirements.
E.
Double-frontage lots shall be avoided. Reverse frontage
lots shall be provided where necessary for protection of residential
properties from through traffic and adverse nonresidential uses, for
separation of through and local traffic and to overcome difficulties
of topography or other specific conditions. Screen planting and a
fence or wall shall be provided along the rear property line within
a reserved strip 10 feet or more in width, across which there shall
be no right of vehicular access.
F.
Side lot lines shall be substantially at right angles
or radial to street lines.
G.
On land subject to flooding, no lots shall be platted
for residential or any other use where danger to life or property
or an aggravation of the flood hazard may result and such land may
be reserved by easement, dedication or otherwise where special ecological
or topographical features exist. Such land should be set aside for
such uses as shall be compatible with the purposes for which said
land was reserved, dedicated or otherwise set aside. Said lots shall
not be platted on marshy or swampy areas and alteration of such areas
shall be permitted only by terms consistent with the purposes of this
Code, bearing in mind special ecological or topographical features
or community interest.
H.
On lots having more than 25% of area in slopes over
20%, the Board shall require appropriate engineering studies and a
grading plan for each lot and section as a whole to be submitted to
the Town Engineer for his review and recommendation to the Board.
I.
All lots shall be staked by iron pipes, three feet
long, set four inches above ground at corners, changes of direction,
points of curve, etc.
A.
Reservation of land for parks.
(1)
Upon consideration of the particular type of development
proposed and determination of the needs created by such development,
the Board may require the reservation of land for a park or parks
suitable for playground or other recreational purposes or other ecological
purposes, whether or not said parks or playgrounds or areas are shown
on the Official Map or Comprehensive Plan. Approximately 10% of the
total area of a subdivision is required to be dedicated by the subdivider
for playground or active recreation use. The minimum area of contiguous
open space acceptable shall be three acres, unless a smaller area
is still desirable because of the present use or future development
of abutting land.
(2)
In all cases where the Board requires the reservation
of land for park or playground purposes or other ecological purposes,
the land shall be of such character so as to be usable for such stated
purpose or alternatively shall be made usable for such use by the
developer. Unless otherwise allowed by the Board, sites for active
recreational use shall be level and dry.
(3)
If such area is for recreation, it shall have a frontage
on one or more streets of at least 300 feet. No dimension of the site
to be used for active recreation use shall be less than 250 feet.
When the Board accepts land which is in excess of the ten-percent
requirements, such excess lands need not conform to specifications
set forth or adopted as part of this Part 1 which specifications are
utilized to achieve a level, dry, active recreational site.
(4)
The Board shall give proper consideration to the provision
by the subdivider of open space reserved by covenants in the deeds
for the common and exclusive use of all the property owners within
the proposed subdivision. Such private recreational area shall be
operated and maintained by said owners or association of owners, and
the use of said reservation shall be confined to the owners or association
of owners and no others.
B.
In the event that an area to be used for a park, playground
or other ecological use is required to be so reserved, the subdivider
shall submit to the Board a tracing drawn in ink on tracing cloth
showing, at a scale of not less than 40 feet to the inch, such area
and the following features thereof:
(1)
The boundaries of said area, giving lengths and bearings
of all straight lines; and radii, lengths, central angles, tangent
distances and radial bearings of all curves. All lengths shall be
in feet and decimals of a foot, and all angles shall be given to the
nearest tenth of a second unless otherwise specified by the Town Engineer.
(2)
Existing features such as brooks, streams, marshes,
ponds, clusters of trees, individual trees eight inches or more in
diameter, rock outcrops, structures, drains, etc.
(3)
Existing and, if applicable, proposed changes in grades
and contours of said area and of areas immediately adjacent.
C.
Money in lieu of parkland reservation.
(1)
Upon consideration of the particular type of development
proposed and a determination of the needs created by such development,
the Planning Board may accept money in lieu of parkland reservation
upon written application from the subdivider.
(2)
In determining the appropriateness of accepting such
cash payment in lieu of reservation, the Board shall be guided by
the following:
(a)
The relationship of the subdivision to the Town
Plan, and particularly as such plan may show proposed park and playground
area.
(b)
The character and recreation needs of the neighborhood
in which the subdivision is located.
(c)
The unsuitability of land in the subdivision
for park and playground purposes by reason of location, access, grade
or cost of development or maintenance.
(d)
The possibility that land immediately adjoining
the subdivision will serve, in whole or in part, the park and playground
needs of such subdivision.
A.
No final slope on any subdivided property shall exceed
the normal angle of repose of the soil of said slope as determined
by the Town Engineer, except where said slope consists of a natural
rock formation, or is supported by a retaining wall or equivalent
of a design acceptable to the Town Engineer.
B.
The lots upon which no houses are to be built are not to be disturbed in any manner except as authorized by the Planning Board. If the topography is changed in any manner on such lots, the developer will regrade the lot to a normal slope as indicated in Subsection A above, place four inches of topsoil on such regraded area and plant grass on such regraded area.
C.
In areas reserved for public use, all low or swampy
areas shall be preserved in keeping with the proposed use or prepared
for the use approved. This requirement may be partially modified when
such proposed modification is necessary to allow the retention of
stormwater runoff either in a pond or for limited periods on active
recreational fields. Sudden drops or sharp changes in grade shall
be minimized or, where unavoidable, protected by means of fences or
such other protection as may be specified by the Planning Board.
A.
The developer shall complete the installation of all
utilities and street improvements specified in § 277 of
the Town Law not specifically waived by the Board, in accordance with
specifications as issued by the Town Engineer, and with any additional
requirements specified by the Board or by the Town Engineer. Construction
detail plans for said utilities and improvements shall be submitted
in a form satisfactory to the Town Engineer.
B.
Construction detail plans shall be submitted on separate
sheets of the same size as those used for the subdivision plat. They
shall include the following:
(1)
Profiles along the center lines of streets showing
existing and proposed elevations. Where a proposed new street intersects
an existing street, the elevation of such existing street shall be
shown for 100 feet from such intersection. All elevations must be
referred to established United States Government bench marks.
(2)
Cross sections showing present elevations of all proposed
streets shown at five points on a line at right angles to the center
line of the street every 100 feet throughout the length of such streets.
Said elevation points shall be at the center line of the street, each
property line and a point 25 feet inside of each property line.
(3)
Plans and profiles showing the location, size and
invert elevations of existing and proposed water, sanitary sewers,
stormwater drainage and fire hydrants, the exact location and size
of all water, gas or other underground utilities or structures and
the design and location of roads, curbs and appurtenances.
C.
The Town Engineer shall assign inspectors to assure
that all Town specifications and requirements are met during the construction
of required improvements, and to assure the satisfactory completion
of improvements and utilities required by the Planning Board. If the
applicant elects to install such improvements before the signing of
the plat, the applicant shall notify the Planning Board, in writing,
and an inspector will be assigned thereto.
D.
The applicant shall pay the Town Engineer an amount as set forth in § 168-1, Master Fee Schedule for Land Development Applications and Permits, to cover the cost of inspection.
[Amended 1-6-1981 by L.L. No. 2-1981; 12-15-1987 by L.L. No. 35-1987; 2-7-1989 by L.L. No. 4-1989; 12-19-1989 by L.L. No. 24-1989; 10-5-2010 by L.L. No. 9-2010]
E.
If the Planning Board or its agent shall find, upon
inspection, that any of the required improvements have not been constructed
in accordance with the plans and specifications filed by the subdivider,
the subdivider and the bonding company will be severally and jointly
liable for the cost of completing said improvements according to specifications.
No plat which may be an extension, part or section of a previously
recorded plat shall be approved by the Board if the subdivider has
not fully complied with the construction of all of the required improvements
in a previously recorded plat submitted by him for approval. As a
condition for the approval of such plat, the Board shall require that
the conditions of the former agreement be met by the subdivider before
the Board shall take action on the plat.
F.
Underground utilities required by the Planning Board
shall be placed in the street right-of-way between the paved roadway
and street line to simplify location and repair of the lines when
they require attention. Where topography or other conditions make
such placement impracticable, the Board may waive this requirement
to the extent necessary. The subdivider shall install underground
service connections to the property line of each lot within the subdivision
for such required utilities before the street is paved.
G.
Where topography is such as to make impractical the
inclusion of utilities within the street lines, perpetual unobstructed
easements at least 15 feet in width shall be provided across property
outside the street lines, and with satisfactory access to the street.
H.
In the case of any area to be dedicated to public
use as an active recreation area, the following shall be performed
by the subdivider:
(1)
The entire area shall be cleared and grubbed of stones,
brush and trees with a diameter of less than six inches, unless otherwise
directed by the Planning Board.
(2)
The area to be used as a playground, if any, shall
be graded to a gentle slope, uninterrupted by rock outcroppings, covered
with a minimum of four inches of topsoil and seeded.
(3)
Drains shall be installed as required. Swamps, low
areas, sudden drops or steep changes in grade shall be filled or otherwise
minimized as directed by the Planning Board.
(4)
Monuments of the type approved by the Town Engineer
shall be required at each point of intersection of proposed reserved
area.
I.
When the Board or the Town Engineer, due to planning
consideration extraneous to the subdivision, requires a standard of
improvements higher than that which is sufficient to serve the subdivision,
the amount of the bond to be posted shall be deemed to be satisfactory
if it adequately covers the cost of improvements which would be normally
required.
K.
The subdivider's engineer shall 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 Planning Board. Where it is anticipated that the additional
runoff incident to the development of the subdivision will overload
an existing downstream drainage facility during a twenty-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 consultation with the Town Board.
L.
Where it is anticipated by the Board that construction
of improvements in the subdivision may result in the silting of downstream
drainage facilities, an amount necessary to correct such condition
shall be determined by the Board and shall be placed in escrow by
the developer or be included in the bond submitted by him.
M.
The developer shall be responsible for maintaining
vehicle access in all weather conditions from a public highway to
those houses which have been granted a certificate of occupancy. Provisions
for such maintenance shall be included in the bond estimate prepared
by the Town Engineer.
