The purpose of the following section is to ensure that the highest standards of site, building and landscape design are conscientiously met through the use of qualified technical and aesthetic judgment, compatible with the Master Plan and relevant development law of the town. In acting upon subdivision plats, the Planning Board shall require, among other conditions in the public interest, that the tract shall be adequately drained, and the streets shall be of sufficient width and suitable grade and suitably located to accommodate the prospective traffic and to provide access for fire-fighting equipment to buildings. The Planning Board shall further require that all lots shown on the plats shall be adaptable for their intended purposes without danger to health or peril from flood, fire, erosion or other menace. Required improvements shall be designed and constructed to conform to the specifications as established by the town. In considering applications for subdivision of land, the Planning Board shall be guided by the standards hereinafter set forth. The standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article V herein.
A.
Character of land. Land to be subdivided shall be
of such character that it can be used safely for building purposes
without danger to health or peril from fire, flood or other menace.
B.
Conformity to current laws. Subdivisions shall conform
to the Zoning Law and other relevant development law of the town and
shall be in harmony with the town's Master Plan.
C.
Specifications for required improvements. All required
improvements shall be constructed or installed to conform to the town
specifications, which may be obtained from the Town Clerk's office.
A.
Width, location and construction. Streets shall be
of sufficient width, suitably located and adequately constructed to
conform with the Town Road Specifications[1] and Master Plan and to accommodate the prospective traffic
and afford access for fire-fighting, snow removal and other road maintenance
equipment. The arrangement of streets shall be such as to cause no
undue hardship to adjoining properties and shall be coordinated so
as to compose a convenient system of streets.
B.
Arrangement. The arrangement of streets in the subdivision
may be required to provide for the continuation of principal streets
of adjoining subdivisions and for proper projection of principal streets
into adjoining properties which are not yet subdivided, by use of
stub streets, in order to make possible necessary fire protection,
movement of traffic and the construction or extension, presently or
when later required, of needed utilities and public services such
as sewers, water and drainage facilities. Where, in the opinion of
the Planning Board, topographic or other conditions make such continuance
undesirable or impracticable, the above conditions may be modified.
The subdivision street traffic network shall provide an orderly local
access progression from marginal streets to collector streets, to
the main highway and may include a continuous network of public pedestrian
walks, either independent or incorporated within vehicular rights-of-way,
to connect all properties and public areas where desirable.
C.
Minor streets. Minor streets shall be so laid out
that their use by through traffic will be discouraged.
D.
Special treatment along major arterial streets. When
a subdivision abuts or contains an existing or proposed major arterial
street, the Planning Board may require marginal access streets, reverse
frontage with screen planting contained in a nonaccess reservation
along the rear property line, deep lots with rear service alleys or
such other treatment as may be necessary for adequate protection of
residential properties and to afford separation of through and local
traffic.
E.
Provision for future resubdivision. Where a tract
is subdivided into lots substantially larger than the minimum size
required in the zoning district in which a subdivision is located,
such parcels shall be arranged so as to allow the opening of future
streets and logical further resubdivision in accordance with the requirements
contained in this chapter. The Planning Board may require a sketch
plan to demonstrate future access to all or any portion of the site.
F.
Dead-end streets. The creation of dead-end or loop
residential streets will be encouraged wherever the Planning Board
finds that such type of development will not interfere with normal
traffic circulation in the area. In the case of dead-end streets,
where needed or desirable, the Board may require the reservation of
a twenty-foot wide easement to provide for continuation of pedestrian
traffic and utilities to the next street. Circular turnarounds (with
or without planting areas) will be encouraged. T-type turnarounds
will be allowed where they are temporary or where extraordinary conditions
or hardships exist. Cul-de-sac lengths may not exceed six times the
minimum lot width of the zoning district in which they are located.
G.
Block size.
(1)
The length, width and shape of blocks or acreage within
bounding roads shall be determined with due regard to:
(2)
Blocks generally shall not be less than 400 feet nor
exceed 12 times the required minimum lot widths. In general, no interior
block width shall be less than twice the normal lot depth. In blocks
exceeding 800 feet in length, the Planning Board may require the reservation
of a twenty-foot wide easement through the block to provide for the
crossing of underground utilities and pedestrian traffic only where
needed or desirable and may further specify, at its discretion, that
a four-foot wide paved footpath be included. Each normal block shall
be planned to provide two rows of lots, but irregular shaped blocks,
oversize blocks or superblocks indented by culs-de-sac, parking courts
or loop streets and containing interior block parks or playgrounds
will be acceptable when properly designed, as determined by the Planning
Board. Such blocks shall include adequate off-street parking, facilities
for pedestrian access from streets to all lots, proper easements for
utility lines and satisfactory provision for maintenance of park and
open space, where included.
H.
Intersection with collector or major arterial roads.
Intersections of minor streets with arterial or collector streets
shall be held to a minimum to avoid hazard and delay. Such intersections
shall be at least 800 feet apart, if possible. A distance of at least
150 feet shall be maintained between center lines of offset intersecting
streets. Grades on a street approaching an intersection with another
street shall be at a negative grade of 2% from the point of the intersection
of the center lines of the two streets for a minimum distance of 25
feet along said street. Grades on streets or driveways intersecting
state or county roads will be required to meet the standards of the
State Department of Transportation or County Department of Public
Works.
I.
Street jogs. The center line of a street shall cross
an intersecting street as a straight line. Street jogs shall have
center-line offsets of not less than 150 feet.
J.
Angle of intersection. In general, all streets shall
join each other so that for a distance of at least 100 feet, the street
is at right angles to the street it joins. At block corners, the traveled
way shall be rounded with a curve having a radius of not less that
15 feet for residential subdivisions and 25 feet for commercial and
industrial subdivisions.
K.
Relation to topography. The street plan of a proposed
subdivision shall bear a logical relationship to the topography of
the property, and all streets shall be arranged so as to obtain as
many of the building sites as possible at or above the grade of the
streets. Grades of streets shall conform as closely as possible to
the original topography.
L.
Other required streets. Where a subdivision borders
on or contains a railroad right-of-way or limited access highway right-of-way,
the Planning Board may require a street approximately parallel to
and on each side of such right-of-way, at a distance suitable for
the appropriate use of the intervening land (as for park purposes
in residential districts or for commercial or industrial purposes
in appropriate districts). Such distances shall also be determined
with due regard for the requirements of approach grades and future
grade separations.
See Chapter 161 of the Code of the Town of Newburgh regarding street specifications.
A.
Approval of name. All street names shown on a subdivision
plat shall be approved by the Town Board prior to final approval.
In general, streets shall have names and not numbers or letters. The
applicant should contact the Town Clerk.
B.
Names to be substantially different. Proposed street
names shall be substantially different so as not to be confused in
sound or spelling with present names, except that streets that join
or are in alignment with streets of an abutting or neighboring property
shall bear the same name. Generally, no street should change direction
by more than 90° without a change in street name. Last names or
surnames shall not be permitted, and the local post office serving
the subdivision shall be notified.
A.
Lots to be buildable. The lot arrangement shall be
such that in constructing a building in compliance with the Zoning
Law, there will be no foreseeable difficulties for reasons of topography
or other natural conditions. A lot intended for use for single-family
residential purposes must contain a buildable area for a dwelling
and septic system site of not less than 5,000 square feet (2,500 square
feet where served by public sewerage), with a minimum dimension of
40 feet. This buildable area shall be so positioned as to allow the
siting of a principal building meeting all zoning district requirements
relative to setbacks, etc., as well as meeting the following criteria:
B.
Side lines. All side lines of lots shall be substantially
at right angles to straight street lines and radial to curved street
lines, unless a variance from this rule will give a better street
or lot plan.
C.
Corner lots. In general, corner lots should be larger
than interior lots to provide for proper building setback from each
street and provide a desirable building site.
D.
Driveway access. Driveway grades between the street
pavement and the minimum building setback line shall not exceed 15%,
with a negative grade of 2% to the property line from the edge of
the pavement.
E.
Access from streets.
(1)
The subdividing of land shall be such as to provide,
by means of a public street, each lot with satisfactory access to
an existing public street.
(2)
Double frontage and reverse frontage lots shall be
avoided. Reverse frontage lots which have their rear yard abutting
a collector or major street shall be provided with effective shrubs
or screening along the full width of the rear property line to screen
the rear yard from adjacent traffic.
(3)
Lots of less than 200 feet frontage apiece fronting
on a county or state road must be so designed as to share a double-width
common curb cut with an adjacent lot if either adjacent lot has not
been granted a curb-cut permit. When more than four lots are proposed
to be subdivided from a parcel with frontage on a county or state
road [or there is the possibility of creating five or more lots equal
in size to the average area of the lots proposed for subdivision],
frontage for all must be on internal streets (not on the county or
state highway). Each lot permitted to front on a county or state road
must provide for an on-site turnaround so as to obviate the necessity
of any vehicle from backing onto such roadway.
F.
Access from private streets. Access from private streets
under § 280-a of the Town Law shall be deemed acceptable
only if such streets are designed and improved in accordance with
town private street law.
G.
Dedication of land for widening of existing streets.
Where extra width has been dedicated or set aside for widening of
existing streets, lots shall begin at such extra width line, and all
setbacks shall be measured from such line.
H.
Minimum lot size. Lots should not be of such depth
as to encourage the later creation of a second building lot at the
front or rear, and excessive depth in relation to the width shall
be avoided. A proportion of 2 1/2:1 will normally be considered
maximum.
I.
Shape of lots.
(1)
In addition to each lot having a minimum area as prescribed
by the bulk requirements of the Zoning Law according to the zoning
district in which it is located, each residential lot newly created
shall be of such shape that a square of the following side dimension
may be inscribed within its boundaries:
(2)
These requirements shall not be applicable to clustered
developments.
J.
Land reserved for future development. Land reserved
from the subdivision for future development shall be of a useful dimension
and condition to allow for permissible forms of development.
K.
Additional standards. Where the property to be subdivided
is next to or includes a railroad right-of-way, suitable provisions
shall be made for such things as road crossings, screening and freight
access as recognition of the relationship between the railroad and
the subdivision.
[Amended 3-1-2010 by L.L. No. 2-2010]
See Chapters 157 and 109 of the Town of Newburgh Municipal Code regarding stormwater management, drainage and floodplain controls. A stormwater management plan consistent with the requirements of Chapter 157 shall be required for preliminary subdivision plat approval and final subdivision plat approval. The stormwater management plan shall meet the performance and design criteria and standards in Chapter 157. The approved preliminary and final subdivision plats shall be consistent with the provisions of Chapter 157.
A.
Purposes. The purpose of this section is to provide
an equitable and effective development standard for securing adequate
land for parks, playgrounds and recreation purposes in new residential
subdivisions throughout the town.
B.
Except as hereinafter provided, lands comprising approximately
10% of the total area to be subdivided shall be reserved for parks,
playgrounds or recreational purposes in a location with suitable public
access within the subdivision, as selected and determined by the Planning
Board.
C.
Recreation areas shown on Master Plan. Where a proposed park, playground or open space shown on the Master Plan or Official Map is located in whole or in part in a subdivision, the Board shall require that such area or areas be shown on the plat in accordance with the requirements specified in Subsection D below. Such area or areas may be dedicated to the town or county by the subdivider if the Town Board approves such dedication. While the plan may show only a general location of such proposed sites, the required reservation of land for recreation purposes must be specifically located and designated on the subdivision plat.
D.
Parks and playgrounds not shown on Master Plan.
(1)
The Planning Board shall require that the plat show
sites of a character, extent and location suitable for the development
of a park, playground or other recreation purpose. The Planning Board
may require that the developer satisfactorily grade and seed any such
recreation areas shown on the plat for the intended use.
(2)
The Board shall not accept areas of fewer than three
acres and shall require that not fewer than three acres of recreation
space be provided per 100 dwelling units shown on the plat. Open spaces
of a lesser area may be approved where the difference may be made
up in conjunction with the future subdivision of adjacent land. However,
in no case shall the required amount of parkland offered for dedication
be more than 10% of the total area of the subdivision.[1]Such area or areas shall be dedicated to the town by the
subdivider if the Town Board approves such dedication.
(3)
All lands designated on the plat as park, playground
and recreation area may be retained in private ownership and shall
be subject to such conditions as the Planning Board may establish
on the subdivision concerning access, use and maintenance of such
lands as deemed necessary to assure the preservation of such land,
in perpetuity, for their intended purposes. Such conditions shall
be shown on the plat prior to plat approval and recording.
(4)
If the Town Board does not accept the dedication of
the land offered or mapped for recreational purposes within three
years after the date of filing of said plat with the County Clerk,
the landowner of said land may apply to the Planning Board for redesignation
and resubdivision of that land. Said redesignation from recreational
purposes to residential lots shall not be considered by the Planning
Board until:
(5)
The redesignation and resubdivision application made
after the occurrence of these items will include the appropriate recreation
fee for all previously approved lots on the plat.
E.
Information to be submitted. In the event that an
area to be used for a park or playground is required to be so shown,
the subdivider shall submit to the Planning Board, prior to final
approval, three prints (one on Mylar) showing, at a scale of not less
than 30 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, radii, lengths, central angles and tangent
distances of all curves.
(2)
Existing features such as brooks, ponds, clusters
of trees, rocks outcrops and structures.
(3)
Existing and, if applicable, proposed changes in grade
and contours of said area and of areas immediately adjacent.
F.
Waiver of plat designation of area for parks and playgrounds (fee in lieu of parkland). In cases where the Planning Board finds that, due to the size, topography or location of the subdivision, land for parks, playgrounds or other recreation purpose cannot be properly located therein or, if in the opinion of the Board, it is not desirable, the Board may waive the requirement that the plat show land for such purposes. The Board shall then require as a condition of final approval of the plat a payment to the town of parkland or recreation fees as set forth in Chapter 104, Fees, of the Town Code. Such amount shall be paid to the town at the time of final plat approval, and no plat shall be signed by the authorized officer of the Planning Board until such payment is made. All such payments shall be held by the Town Board in a special Town Recreation Fund.
G.
Reserve strips prohibited. Reserve strips of land
which might be used to control access from the proposed subdivision
to any neighboring property or to any land within the subdivision
itself shall be prohibited.
H.
Preservation of natural features. The Planning Board
shall, wherever possible, establish the preservation of all natural
features which add value to residential developments and to the community,
such as large trees or groves, watercourses and waterfalls, beaches,
historic spots, stone walls, vistas and similar irreplaceable assets.
(1)
Natural terrain. Subdivision design shall preserve,
insofar as possible, the natural terrain and natural watercourses,
stone walls and drainage areas.
(2)
Trees. A conscious effort shall be made to preserve
all worthwhile trees and shrubs which exist on the site. No tree with
a diameter of eight inches or more as measured four feet above the
base of the trunk shall be removed unless such tree is within the
right-of-way of a street as shown on the final subdivision plat or
has prior approval by the Planning Board.
(3)
Soil. Natural fertility of the soil shall be preserved
by disturbing it as little as is possible, and no topsoil shall be
removed from the site.
(4)
Additional open space dedication. Open watercourses shall be recognized as community assets. Subdivision design may well be enhanced by featuring streams and brooks. Floodplain land, areas bordering on watercourses, drainage and other lands which cannot be used safely for building purposes without danger to health or peril from flood may be offered to the town as a gift to be used as public open space or for recreational purposes, at the discretion of the Planning Board, but shall be in addition to that required in Article IV, § 163-20D.
(5)
Lots. On a lot intended for single-family residential
purposes, no more than 10,000 square feet of land area in tree growth
shall be cleared for development purposes by the developer of the
lot.
I.
School site. Upon receipt from the appropriate School
Board of a letter declaring its interest in a school site of a specific
size and location within a proposed subdivision, the Planning Board
may require a subdivider to set aside such area in the design of the
subdivision. Upon failure of the School Board to secure an option
to acquire or to purchase such school site prior to the date of the
final approval of the plat, the subdivider shall be relieved of the
responsibility of showing such land for public purposes. The subdivider
may submit alternate plans during the course of the review and approval
process to avoid delays should the School Board choose not to acquire
the site.
It is required as a condition to final approval
of the plat that where central sewer and/or water systems are to be
installed, that an improvement district or transportation corporation
be legally formed or extended. Such systems with appurtenances may
be required to be offered for dedication to such districts without
cost to the district.
A.
Water and sewage facilities.
(1)
Endorsement. The proposed subdivision plat shall be
properly endorsed and approved by the Orange County Department of
Health. Such endorsement and approval shall be secured by the subdivider
after approval of the preliminary plat by the Planning Board.
(2)
Local requirements.
(a)
In addition to Orange County and State Department
of Health and Department of Environmental Conservation approvals,
all water and sewer facilities shall be approved by the Town Engineer
as to design and specification of equipment for all public sanitary
and/or water systems which may be required for any subdivision.
(3)
Dedication. Such water and sewer facilities shall
be located in the street rights-of-way or in perpetually unobstructed
easements of a width adequate for servicing with a minimum width of
20 feet. Water and sewer mains and systems may be required to be offered
for dedication to the town or duly constituted improvement district
or to remain the property of a transportation corporation. Such offer
of dedication, when required, shall be made prior to final subdivision
approval.
(4)
Connections. The subdivider shall be responsible,
not only for the laterals within the development, but also for any
lines or connections that may be necessary to bring the service to
the development from existing facilities.
A.
Applicability. The provisions of this section shall
apply to all realty subdivision sewerage systems not subject to review
by the Orange County Department of Health pursuant to Title 15 of
Article 17 of the New York State Environmental Conservation Law and
Title II of Article 11 of the New York State Public Health Law and
the law promulgated thereunder and codified in Title 6 and 10 of the
Official Compilation of the New York Codes, Rules and Regulations.
As used in this section, the term "realty subdivision" shall mean
any subdivision into residential lots or residential building lots.
As used in this section "residential lot" or "residential building
lot" shall mean any parcel of land of five acres or fewer intended
for residential usage or human habitation. Without limiting the generality
of the foregoing, the term "residential" shall include temporary,
seasonal and permanent residential use. Unless otherwise indicated
on the subdivision plat, all lots thereon of five acres or fewer shall
be deemed residential lots.
B.
Design standards. Every sewerage system subject to
the provisions of this section shall be designed and installed in
accordance with the standards of the State Commissioner of Health
set forth in Part 75 of Title 10 of the Official Compilation of the
New York Codes, Rules and Regulations.
C.
Design professional. Every sewerage system subject
to the provisions of this section shall be designed and installed
under the supervision and direction of a professional engineer as
the term is defined under Article 145 of the New York State Education
Law. For purposes of this section, an authorized design professional
shall include those exempt persons within the meaning of § 7208
of the New York State Education Law.
D.
Certification on plat. No subdivision subject to the
provisions of this section shall be approved by the Planning Board
unless and until the final subdivision plat bears the following certification
of a professional engineer or other authorized design professional
as set forth above:
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"I hereby certify to the Town of Newburgh that
the sewerage system depicted on this plat has been designed in accordance
with the New York State Public Health Law and all law promulgated
thereunder."
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E.
Certification prior to installation. Subsequent to final subdivision approval and at the time of application for installation of sewage disposal facilities, every sewerage system design plan shall bear the same certification of a professional engineer or other authorized professional, as set forth above in Subsection D.
F.
Certification prior to issuance of certification of
occupancy. Prior to issuance of a certificate of occupancy for any
sewerage system subject to the provisions of this section, the Town
of Newburgh Building Inspector must receive an as-built plan of such
system bearing the following certification of a professional engineer
or other authorized professional as set forth above:
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"I hereby certify to the Town of Newburgh that
the sewerage system depicted on this plan has been designed and installed
in accordance with the New York State Health Law and all law promulgated
thereunder."
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G.
Form of certifications. All certifications required
under this section shall be in the forms specified and shall be signed
at the end thereof by the respective design professional with his
or her professional seal or a facsimile thereof affixed thereto.
