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 North Salem Superintendent of Highways or his engineer or representative designated by the Town Board, or the Town Consulting Engineer.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
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, the Town Superintendent of Highways or his engineer or representative designated by the Town Board, or the Town Consulting Engineer shall have free access to the construction work at all times and shall be deemed authorized to take material samples, cores and other tests as deemed necessary to determine compliance with the standards of the regulations.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(2) 
The Planning Board, Town Superintendent of Highways or the Town Consulting Engineer may require the applicant, at his expense, to have such tests made and certified by the land surveyor or professional engineer, or both, as required by law.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(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 and the Town Consulting Engineer at 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.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(5) 
The following items shall be subject to inspection, during construction, by the Town Superintendent of Highways or Town Consulting Engineer:
[Added 5-14-1991; amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(a) 
Soil erosion control structures.
(b) 
Clearing limit line for conformance to the plat.
(c) 
Clearing of the roadway.
(d) 
The location of topsoil stockpiles unless shown on construction plans.
(e) 
Rough grading and soil erosion maintenance.
(f) 
Drainage structures and pipes. Pipes shall not be backfilled prior to inspection.
(g) 
Road subgrade for stability and as-built drawing, showing conformance to line and grade.
(h) 
Road surfacing.
(i) 
Shoulder stabilization and/or topsoil and seeding.
(j) 
Monuments with as-built drawings and final inspections.
(k) 
Curbs.
(l) 
Other improvements approved or required by the Planning Board.
NOTE:
At each phase of inspection and construction, the soil erosion control structures must be in place and cleaned as needed. No work should proceed on next phase until satisfactory completion of previous items.
In connection with the submission and approval of construction plans and grading plans, the applicant shall submit to the Planning Board a construction program and schedule, specifying the timing and sequence of construction steps, including provisions for:
A. 
The 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; and
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.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
Subdivision plats shall be planned and designed in general conformity with any Town Comprehensive Plan adopted by the Town 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 the following:
A. 
The location and classification of streets.
B. 
Water service, sanitary sewer and drainage systems and service areas.
C. 
Provision of a park or parks for playground or other recreational purposes.
D. 
Existing housing resources and future housing needs, including affordable housing.
E. 
Consideration of agricultural uses, educational facilities, historic and cultural resources, natural resources and sensitive environmental areas.
[Added 3-22-2005 by L.L. No. 1-2005]
The Town of North Salem has adopted the Westchester County Greenway Compact Plan, as amended from time to time, as a statement of policies, principles, and guides to supplement other established land use policies in the Town.[1] In its discretionary actions under the subdivision regulations, the Planning Board should take into consideration said statement of policies, principles and guides, and the Greenway Criteria, as appropriate. The Greenway Criteria promote natural and cultural resource protection, regional planning, compatible economic development (agriculture, tourism and revitalization of community centers), public access to natural and cultural resources and heritage and environmental education.
[1]
Editor's Note: See also Ch. 20, Greenway Compact Plan.
Subdivision plats shall be planned and designed to conform to any Official Map adopted by the 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.
The planning and design of the plat, including related streets, drainage, parks and other improvements, shall provide for preservation of significant natural features of the tract as follows, provided that the Planning Board may approve plans which modify such natural features after consideration of the alternatives to such modification and the community benefits which may be achieved and when any required permission for modification has been obtained by the applicant from any regulatory agency having jurisdiction:
A. 
By avoiding cuts or fills which result in potential soil erosion and excessive tree removal or which disturb water resources.
B. 
By avoiding construction which results in relocation of or encroachment upon watercourses and water bodies.
C. 
By avoiding filling or excavation of or encroachment upon wetlands, floodplains and other land subject to potential flooding.
D. 
By avoiding removal of large isolated trees and mature woods and other desirable vegetation and removal of stone walls.
E. 
By providing for preservation of wetlands, watercourses and water bodies and for the protection thereof by easement, reservation area or other controls to prevent excavation, filling or encroachment.
F. 
By avoiding rock excavation by blasting which may cause unintended damage or injury to property or persons in the vicinity.
[Added 2-9-1999 by L.L. No. 1-1999]
Proposed building lots shall be of such shape, size, location, topography, access and character as to be occupied and used for building purposes 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, ledge rock, unsuitable soils or other conditions, shall be combined with another contiguous lot that is suitable or shall be marked to indicate that it 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 Board. Proposed building lots shall also conform to the following additional standards:
A. 
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.
B. 
Terrain. Proposed building lots shall be planned to make the best use of the natural terrain, to preserve large trees, woods, wetlands, watercourses and water resources and to avoid the need for extensive regrading to build on the lot, 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. In the event of doubt as to the usability of any lot, the Planning Board may require additional information from the applicant, such as a detailed site plan of the lot showing a building site, driveway, sewage disposal system, well location and proposed contours, in order to evaluate how the lot can be used.
C. 
Access.
[Added 2-9-1999 by L.L. No. 2-1999]
(1) 
Except as hereinafter provided, each lot shall have access on:
(a) 
A state highway, County road or Town street;
(b) 
A street shown upon a plat approved by the Planning Board, other than a private street; or
(c) 
A private street, right-of-way or easement authorized by the Town Board in an open development area under § 280-a, Subdivision 4, of the Town Law.
(2) 
The following access requirements are also applicable:
(a) 
Access to a lot shall not be provided from a state highway or County road, and restriction against such access shall be noted on the final plat map, except that the Planning Board may determine that there is no reasonable alternative and may authorize access subject to requirements that special provision be made, such as paired driveways, one-way driveways or frontage driveways, to protect traffic on such highway or road.
(b) 
Each lot shall be capable of accommodating vehicular access from such street or private street, right-of-way or easement to a parking space or spaces on the lot by means of a driveway 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.
D. 
Zoning. Each lot shall conform to the Zoning Ordinance of the Town of North Salem, New York,[1] provided that any lot may be required by these regulations to be larger than the minimum standards in order to accommodate on-site water supply and/or sewage disposal systems or to comply with other requirements of this section.
[1]
Editor's Note: See Ch. 250, Zoning.
E. 
Lot numbers. All lots shall be numbered consecutively beginning with the numeral one. Sections of a plat under the same name shall have consecutive lot numbers.
F. 
Lot lines. Insofar as practicable, the side lot lines of all lots shall be at right angles or radial to the street on which the lot has frontage. It shall be within the discretion of the Planning Board to disapprove any lot crossed by a municipal or taxation district boundary line, and, in the event of such disapproval, such boundary line shall be made to constitute one of the lot lines. Also where practicable, lot lines shall be made to coincide with existing stone walls on the tract.
G. 
Water supply and sewage disposal. Each lot shall be provided with water supply and sewage disposal systems, whether on-site or central systems, meeting the rules and regulations of and approved by the Westchester County Department of Health and/or the New York City Department of Environmental Protection, as required. 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 resubmitted for approval on the plat map if approved for on-site systems by the Westchester County Department of Health and/or the New York City Department of Environmental Protection. The following requirements are applicable:
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(1) 
The Planning Board may require the provision of central water supply and/or sewage disposal systems for the plat, either as an entirely new system or as an extension of an existing nearby system, when deemed appropriate by the Board as part of a program for provision of water supply and/or sewer service within the Town or neighborhood and when approved by the Westchester County Department of Health.
(2) 
Any central water supply or sewage disposal system that is installed by the applicant and is within or an addendum to an existing water or sewer district shall be offered to the Town of North Salem at no cost. The applicant may offer the system to the Town at no cost for incorporation in a new district. Otherwise, the system shall be owned and operated by a public service company or by a corporation formed under the Transportation Corporations Law under guaranties of operation and maintenance set forth by written agreement of the corporation and the Town Board.
(3) 
Plans for any central water supply and/or sewage disposal system to be offered to the Town of North Salem, including any system extension within or as an addendum to an existing water or sewer district, shall also be subject to the approval of the Town Board.
Streets shall be planned and designed in a manner capable of acceptance for public use and maintenance by the Town of North Salem and in accordance with the following standards:
A. 
Classification.
(1) 
Each street in the plat shall have one of the following classifications in accordance with the function of the street as approved by the Planning Board:
(a) 
Thoroughfare. 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.
(b) 
Commercial street. A street providing access to lots in business and industrial areas.
(c) 
Local street. A street primarily providing access to abutting lots in residential areas.
(d) 
Private street. A street primarily providing access to abutting lots in residential areas, which complies with the general design standards set forth in this section, but which has a reduced right-of-way and roadway width requirements as specified in § 200-23C and I. In all other respects, private streets shall meet the standards specified for local streets.
[Added 10-12-1993; amended 12-30-1996 by L.L. No. 10-1996]
(2) 
Each existing street abutting the plat shall be deemed to have the classification assigned to it upon any Official Map adopted by the Town Board, provided that, in the absence of such Official Map classification, the classification shall be determined by the Planning Board as one of the above or as a rural street, which is a local street lacking a paved surface.
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 plat and within the neighborhood where the plat is located.
(2) 
Streets 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 and which preserves natural terrain, with due consideration for enhancement of property values in and adjacent to the plat.
(3) 
Local streets should be planned to discourage through traffic. Permanent dead-end local streets may be provided when:
(a) 
There is an alternate system for safe and convenient pedestrian and vehicular circulation within the neighborhood;
(b) 
State highways, County roads and other thoroughfares will not be unduly encumbered with local circulation traffic; and
(c) 
There is assurance of suitable access for emergency vehicles.
(4) 
Proposed streets which may be projected into adjoining property shall be carried to the boundary line of the plat. No reserve strips to block extension of or access to a proposed street shall be provided unless specifically approved by the Planning Board as necessary for safety on the street.
(5) 
Thoroughfares shall be provided as indicated on any Town Comprehensive Plan or Official Map and otherwise as necessary as a feeder to a network of local streets in residential neighborhoods.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(6) 
Commercial streets shall have a design suitable for the type of automobile and truck traffic, including turning movements, anticipated in the plat.
(7) 
Unless otherwise approved by the Planning Board, proposed streets shall provide for continuation of existing streets terminating at the boundary of the plat.
(8) 
Each street shall connect to an existing state highway, County road or Town street or a street shown upon a plat approved by the Planning Board and over which the applicant has rights of access, provided that no new street shall connect to a private street unless the Planning Board, after consultation with the Town Board and Town Superintendent of Highways, finds that the private street has sufficient right-of-way and travelway and drainage improvements to accommodate the additional traffic to be generated by the new street.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
C. 
Right-of-way. Streets shall have the following minimum width of right-of-way according to their classification, or a greater width and as approved by the Planning Board as necessary for anticipated traffic capacity, type of traffic, turning movements and construction requirements:
(1) 
Thoroughfare: 60 feet.
(2) 
Commercial street: 60 feet.
(3) 
Local street: 50 feet.
(4) 
Private street: 30 feet.
[Added 10-12-1993; 12-30-1996 by L.L. No. 10-1996]
D. 
Street lines. Street lines on each side of a proposed street shall be parallel or shall be concentric arcs, except at intersections or turnarounds designed in accordance with these regulations. No street right-of-way shall be widened beyond the width specified in these regulations, such as for the purpose of securing additional street frontage for proposed lots, except as is necessary for the proper operation or construction of the street.
E. 
Existing streets. Proposed plats abutting an existing Town street or County road having a width of right-of-way less than specified for its classification under Subsections A and C shall provide for the proper widening of the right-of-way of such existing street or road in accordance with its classification, where required by the Planning Board. Where required by the Planning Board, such widening shall take into account the location of the existing travelway, proper continuity for the right-of-way line in accordance with the alignment standards of these regulations, conditions on the field, such as topography, walls and the location of buildings, and the potential for similar widening when land on the other side of the road is platted. The manner of such widening, where required by the Planning Board, may consist of a reservation for widening shown on a plat map, accompanied by an offer of cession, or a survey finding as to the precise location of the right-of-way.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
F. 
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:
(1) 
Thoroughfare: 350 feet.
(2) 
Commercial street: 350 feet.
(3) 
Local street: 175 feet.
G. 
Vertical curves. Appropriate vertical curves shall be established on all streets and at street intersections to ensure adequate sight distance in accordance with the classification of the street. For vertical summit curves there shall be a clear line of sight from a point 3.75 feet above the pavement to a point six inches above the pavement. On thoroughfares and commercial streets such line of sight shall be not less than 300 feet, and on local streets not less than 200 feet. For vertical sag curves, the length of vertical curve shall be not less than 100 feet for an algebraic difference of percent of grade of up to 7%, but for greater differences, the length of vertical curve shall be the product of the algebraic difference times 15. Where a street approaches an intersection, a transition area, having a maximum grade of 2%, shall be provided for a minimum of 50 feet measured from the right-of-way line of the street intersected.
H. 
Grade. The minimum grade for any street shall be 1.0%, except that a minimum grade of from 0.5% to 1.0% may be established for 100 feet or less and as tangents of vertical curves. The maximum grade for any street shall not exceed the following according to its classification:
(1) 
Thoroughfare: 6%.
(2) 
Commercial street: 6%.
(3) 
Local street: Ten percent, except that grades up to 12% may be approved for short distances, primarily on tangents.
(4) 
Turnarounds: 3%.
(5) 
Driveways: 14%.
[Added 3-12-1996; amended 12-30-1996 by L.L. No. 10-1996]
I. 
Width of pavement. Streets shall be designed with the following minimum width of pavement centered between the right-of-way lines or a greater width as approved by the Planning Board as necessary for anticipated traffic capacity, type of traffic, turning movements and curb parking:
(1) 
Thoroughfare: 28 feet.
(2) 
Commercial street: 30 feet.
(3) 
Local street: 24 feet.
(4) 
Turnaround: 100 feet in diameter.
(5) 
Private street: 18 feet.
[Added 10-12-1993; amended 12-30-1996 by L.L. No. 10-1996]
J. 
Dead-end streets. Unless otherwise approved by the Planning Board, streets permanently closed at one end by building lots and which will not be extended in the future shall provide sole access to not more than 10 lots and shall not exceed a length of 1,000 feet. Temporary dead-end streets, which have a layout capable of extension into adjoining property yet to be platted and in a manner conforming to the standards for streets and lots under these regulations, may exceed such length but only to the extent that there is safe and convenient interim vehicular circulation, including access for emergency vehicles, as approved by the Planning Board.
K. 
Turnarounds. A turnaround with a minimum diameter of 100 feet for the right-of-way shall be provided at the closed end of a dead-end street providing sole access to one or more lots. The right-of-way for a turnaround on a temporary dead-end street which may at some future date be extended into adjoining property shall be provided in the form of a temporary easement accompanied by a note on the final plat map providing for automatic termination of the easement upon extension of the street.
L. 
Intersections. The following standards shall apply to street intersections:
(1) 
No more than two streets shall intersect at one point. Intersections on local streets shall be spaced not less than 150 feet apart, and on thoroughfares and commercial streets not less than 400 feet apart, except when, in the opinion of the Planning Board, conditions justify a variation from this requirement.
(2) 
Streets shall intersect one another at as near to a right angle as is practical. No intersection shall be at an angle of less than 75° measured for a distance of 100 feet from the right-of-way of the street intersected.
(3) 
At street intersections, property line corners shall be rounded by an arc having a minimum radius of 25 feet.
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 of North Salem or any adjoining Town. All street names shall be subject to the approval of the Planning Board.
N. 
Street signs. Street name signs shall be installed at all street intersections in locations approved by the Town Superintendent of Highways. Such signs shall be of a design and material approved by the Town Board.
All streets shall be designed and constructed in accordance with the Minimum Specifications for Road Improvements adopted by the Town Board.[1]
[1]
Editor's Note: See Ch. 195, Streets and Sidewalks.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
A. 
Monuments shall be set on all right-of-way lines of streets at all street intersections, angle points, points of curve and subdivision corners. There shall be clear foresight and backsight to adjacent monuments on the right-of-way line or lines on which a monument is set.
B. 
Monuments shall be constructed in accordance with the Minimum Specifications for Road Improvements adopted by the Town Board.[1]
[1]
Editor's Note: See Ch. 195, Streets and Sidewalks.
C. 
Monuments shall not be set before all street construction is completed or while frost is on the ground. They shall be set so that the top is flush with the finished grade. They shall be set and tamped as to prevent settlement and shifting.
D. 
All property corners shall be marked with three-fourths-inch-diameter by eighteen-inch-long iron pipes installed by a licensed New York State surveyor, and a certified survey showing these property corners shall be furnished to the Building Inspector prior to the issuance of a certificate of occupancy.
Storm drainage shall be planned and designed in accordance with the following standards and criteria:
A. 
General. The storm drainage system shall provide for drainage from the entire area of the 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 plat upon downstream drainage systems. The drainage system for the plat shall make use of and protect and improve, if needed, the natural drainage system. The drainage system shall comply with the permitting requirements, standards and specifications of the Town’s regulations for stormwater management and erosion and sediment control[1] and shall provide for the following:
[Amended 3-27-2007 by L.L. No. 3-2007; 12-26-2007 by L.L. No. 8-2007]
(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 and soil erosion and protection of wetlands, watercourses and water bodies.
(5) 
On-site stormwater detention as needed to maintain existing site peak flow runoff and provide for continuity of flow in watercourses.
[1]
Editor’s Note: See Ch. 193, Stormwater Management and Erosion and Sediment Control.
B. 
Design storm. Drainage shall be designed under the United States Soil Conservation Service formula or other method that conforms to sound engineering practice; provided, however, that the Rational Formula, whereby Q = CIA, may not be used to compute flows from drainage areas of more than 200 acres or from one-hundred-year storms. Street drainage systems shall be designed on the basis of a ten-year storm. Cross culverts and passages under bridges, and channel and encroachment lines, shall be designed on the basis of both of the following:
(1) 
A twenty-five-year storm without causing the depth of the headwater pool to exceed 1.2 times the height of the culvert barrel or flooding of the street pavement or nearby buildings, sewage disposal systems or water supply systems.
(2) 
A one-hundred-year storm without causing flood damage to the culvert, bridge or pavement or nearby buildings, sewage disposal systems or water supply systems and so that bridges have a minimum underclearance (the water surface to the closest bottom projection of the bridge) of one foot at the design flow.
C. 
Pipe design. The minimum size of stormwater pipe shall be 15 inches in diameter. Coefficients used in design for pipe shall be in accordance with the most recent, accepted engineering data available for the piping proposed. The minimum slopes of pipes shall be 0.5%. Pipe size and slope shall be such that the head on the culvert will not exceed 1.5 diameters at design storm, and there is at least one foot underclearance from the bottom of the catch basin inlet grate. Pipes, except for underdrains, shall be laid on straight alignments, both horizontally and vertically, with manholes spaced not more than 400 feet apart, providing access at all deflection points or at the junction of two or more lines. The open end of any pipe shall be provided with a headwall and/or an end section. The minimum cover over the top of the pipe shall be 24 inches. Culverts under streets shall extend to the edge of the right-of-way.
[Amended 3-27-2007 by L.L. No. 3-2007; 12-26-2007 by L.L. No. 8-2007]
D. 
Spacing of catch basins. Catch basins shall be connected to a stormwater pipe and shall be provided in order that surface water will not cross any intersection nor travel on any street more than 400 feet on streets with grades up to and including 5% and not more than 300 feet on streets with grades over 5%.
E. 
Discharge.
(1) 
The discharge of all stormwater that has been collected or otherwise artificially channeled shall be into suitable natural streams or into Town, County or state drainage systems with adequate capacity to carry the discharge. There shall be no discharge onto or over private property within or adjoining the plat unless:
(a) 
Proper easements and discharge rights have been secured by the applicant;
(b) 
Such easements and rights are transferable to the Town where the discharge includes stormwater from any street; and
(c) 
There will be adequate safeguards against soil erosion and flood danger.
(2) 
No stormwater shall be diverted from one watershed to another. Discharge shall be made in a manner that protects wetlands, watercourses and water bodies from pollution, erosion and siltation.
F. 
Encroachment lines. Each watercourse that functions as part of the drainage system, and any related wetland or floodplain, shall be provided with channel, building or other encroachment lines to prevent encroachment, constriction or diversion by building, filling or excavation. 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.
[Amended 3-27-2007 by L.L. No. 3-2007; 12-26-2007 by L.L. No. 8-2007]
Storm drainage shall be constructed in accordance with the minimum specifications for road improvements adopted by the Town Board.[1] The drainage system shall comply with the permitting requirements, standards and specifications of the Town’s regulations for stormwater management and erosion and sediment control.[2]
[1]
Editor’s Note: See Ch. 195, Streets and Sidewalks.
[2]
Editor’s Note: See Ch. 193, Stormwater Management and Erosion and Sediment Control.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996; 3-27-2007 by L.L. No. 3-2007; 12-26-2007 by L.L. No. 8-2007]
Provision shall be made for control of erosion and sedimentation, both during and after construction of streets, drainage, parks and other improvements. The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation) is an acceptable basis for design and construction.
Easements for access to and use of land, or other necessary restriction of 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 a field survey. Easements are required in the following types of cases as applicable to the particular plat:
A. 
For access to bridges and culverts with construction and maintenance equipment.
B. 
For stormwater pipes and water mains and sanitary sewers and appurtenances, if any, which easements shall be not less than 20 feet in width.
C. 
For use and access to stormwater detention basins.
D. 
For identification of points or areas of storm drainage spillage rights from streets when storm drainage conduits are not to be installed.
E. 
Easements for temporary turnaround as provided in § 200-23K.
F. 
Temporary construction easements for grading and other construction work in the front 25 feet of each lot along a proposed street.
G. 
Sight easements across corners of lots at all street intersections to assure safe line of sight on the street and to authorize the owner of the abutting street to remove obstructions or regrade within the easement area.
H. 
Easements at least 10 feet in width for pedestrianways to parks, playgrounds, schools and other public or semipublic places where the street system does not conform to a convenient pattern of pedestrian circulation.
I. 
For horse-riding trails or bicycle paths as part of a plan and program for a neighborhood.
J. 
For protection of environmentally sensitive features, including but not limited to freshwater wetlands, areas where slopes exceed 25%, floodplains, sensitive soils and unique geological features, by conservation easements, as necessary, where such features are located on lands proposed for subdivision.
[Added 10-12-1993; amended 12-30-1996 by L.L. No. 10-1996]
When recommended by the Board of Fire Commissioners, 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.
When required by the Planning Board, sidewalks shall be installed along either or both sides of any street, and in pedestrian easements, where necessary to provide safe pedestrian passage, particularly in the vicinity of schools, parks, playgrounds and other public facilities, at school bus loading sites and along thoroughfares and commercial streets. Sidewalks shall be designed and constructed in accordance with the Minimum Specifications for Road Improvements adopted by the Town Board.[1]
[1]
Editor's Note: See Ch. 195, Streets and Sidewalks.
Except as hereinafter provided, each plat intended for residential purposes shall show, in proper cases and when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes. The following standards are applicable to the provision of a park or parks:
A. 
Suitability. The park or parks shall consist of a parcel or parcels of land within the plat having a size, location, shape, topography and general character as to be suitable to satisfy the needs determined by the Planning Board. Proper vehicular and pedestrian access shall be provided to each park for both use and maintenance purposes. Parks shall be provided in accordance with any Town Comprehensive Plan adopted by the Town Board.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
B. 
Area. The park or parks shall equal not less than 10% of the area of the plat unless a lesser area is approved by the Planning Board as suitable for the park purpose intended. In general, five acres is the minimum area for a park intended for active playground use, but a lesser area as well as parks of unusual shape and topography may be approved if supporting preservation of the natural features of the tract and providing a park for passive recreation purposes.
C. 
Improvements. As deemed necessary by the Planning Board, parks shall be suitably graded, seeded, fenced and improved with facilities to make the park usable for the purpose intended. Park areas on the plat shall not be used for storage of equipment and materials or deposit of debris and shall not be excavated, filled or graded, nor shall trees be removed therefrom, except in accordance with approved construction plans for the park.
D. 
Ownership. The applicant shall offer a plan of ownership, use, operation and maintenance of each park shown upon the plat, and the plan shall be subject to the approval of the Planning Board. In general, the provision for ownership shall assure long-term reservation and maintenance of the park and may provide ownership of the following types:
(1) 
By the Town of North Salem, if accepted by the Town;
(2) 
By establishment of a park district that encompasses no less than the plat;
(3) 
By an incorporated association of the owners of lots in the plat;
(4) 
By a not-for-profit trust or corporation having as its principal purpose the ownership, operation and maintenance of parks and similar open areas; or
(5) 
By encumbrance, such as encroachment restrictions, conservation easement or other permanent restriction upon private land.
E. 
Alternate site. The applicant may offer and the Planning Board may approve the provision of a park or parks on land apart from the plat to meet the park requirements of these regulations.
F. 
Payment in lieu of park. If the Planning Board determines that a suitable park or parks of adequate size cannot be located within the plat or is otherwise not suitable, the Board may require that the applicant make a payment to the Town of North Salem in lieu of all or part of the park requirement, which payment shall constitute a trust fund to be used by the Town exclusively for neighborhood park, playground or recreation purposes, including the acquisition of property. The payment in lieu of a park, when required, shall be as follows:
(1) 
The amount of payment to the Town shall be in accordance with the standard Schedule of Fees for the Town of North Salem; excluding, however, from such computation the first lot of the proposed subdivision.
[Amended 7-27-1993 by L.L. No. 3-1993]
(2) 
In the event that a park or parks have been shown on the plat but in an amount equal to less than 10% of the area of the plat, the payment required shall be equal to that proportion by which the park or parks are less than 10%.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
Trees shall be planted along both sides of any street, other than a private street, where there are no suitable existing trees capable of being retained within or near the street right-of-way. Trees shall be planted approximately 50 feet apart, subject to variations made necessary by driveways, street corners and walks, and shall be located either within the front 20 feet of the abutting lots or within the right-of-way of the street and three feet from the edge of the pavement. Trees to be planted shall be not less than two inches in caliper at breast height and not less than 10 feet tall. The variety of tree and manner of planting shall be subject to the approval of the Planning Board and shall not be trees which create hazards to traffic or pedestrians, are disease-bearing or cause damage to sewers. Where a plat or portion of a plat is substantially clear of trees and an existing specimen tree is to be removed due to construction of required roads, drainage or other improvements, the Planning Board may require planting of a suitable replacement tree or trees in an appropriate location.