HomeMy WebLinkAboutSubdivision Regulations-Proposed
ARTICLE II
DEFINITIONS
For the purpose of these regulations, certain words and terms used herein are de-
fined a s follows:
{;ros SW?I 1 kwa v
C:lIl-dp.-sac IC:ourtl
Easement
A right-of-way, dedicated to public use, 10 feet or more in
width, which crosses a block to facilitate pedestrian access
to adjacent streets and properties.
A short street having one end open to traffic and being perma-
nently terminated by a vehicle turnaround.
A grant of the use of a strip of land by the public, or corpora-
tion, or persons for specific purposes.
Enqineer or Licensed A person licensed a s a professional engineer by the State of
Professional Enaineer New York.
.
Lot
Maior Subdivision
Ma ster or
Town Plan
Minor Subdivision
A portion of a subdivision or other parcel of land intended as a
unit for transfer of ownership or for development.
All subdivisions not classified as Minor Subdivisions, includ-
ing but not limited to subdivisions of 5 or more lots, or any
subdivision requiring the construction of a new street or the
extension of municipal facilities.
A plan for the development of all or portions of the Town of
Southold, prepared by the Planning Board pursuant to Section
272-a of the Town Law, which plan indicates the general 10-
cations recommended for various public works, places and
structures, and for the general 'physical development of the
Town and includes any unit or part of such plan separately
adopted and any amendment to such plan or parts therein.
Any subdi vi sion containing not more than four lots fronting
on an existing street, not involving the cnnstruction of a
street or road or the extension of municipal facilities and not
adversely affecting the development of the remainder of the
parcel or adjoining property and not in conflict with any pro-
vision or portion of the Master Plan, Official Map, or
Zoning Ordinance, if such exists, or these regulations.
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Official MaD
Planning Hoard
or Hoard
Preliminary Lavout
Sketch Plan
Street
Street, Local
Service
Street. Maior
Street. Minor
Street. Secondary
Street or Riaht-of-
Wav Width
The map established by the Town Board pursuant to Section
270 of the Town Law, showing streets, highways, parks, and
drainage rights-of-way both existing and propoSed.
The Planning Board of the Town of Southold, Suffolk County,
New York.
The preliminaty layout or map indicating the proposed subdi-
vision to be submitted to the Planning Board for approval.
A rough sketch of the Preliminary Layout (or Subdivision Plat
in the ca se of Minor Subdivisions) to enable the subdivider
to save time and expense in reaching general agreement with
the Board a s to the form of the layout and pursuant to the ob-
jectives of these regulations.
A way for vehicular and pedestrian traffic, whether designated
a s a street, road, avenue, lane, or other way, located be-
tween right-of-way lines.
A local service street is a street running parallel to and in
the immediate vicinity of a major highway for the purpose of
relieving traffic on the major highway at the points of cross-
ing.
A street or highway of great continuity which serves or is in-
tended to serve as a major traffic artery within the town, county
or both and is designated on the Town Plan as a main arterial
highway, major thoroughfare, parkway or other equi valent term
to identify those streets comprising the basic structure of the
street plan.
A street supplementary to a major street and of limited contin-
uity which serves or is intended to serve the local needs of a
neighborhood or a section thereof.
A street or road of considerable continuity which serves or is
intended to serve a s the principal or collector trafficway
between large and separated areas or districts and which is
the main means of access to the major street or primary road
.system.
The distance between property lines, measured at right angles
to the center line of the street.
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Subdi vider or
Applicant
Subdivision
Subdivision or
Final Plat
Superblock
Survevor
Any person, firm, corporation, partnership or association,
who shall lay out for the purpose of sale or development,
any subdivision or part thereof as defined herein, either
for himself or others.
The division of any parcel of land into two or more lots,
plots, blocks, sites, or other divisions of land, with or
without streets or highways, including any extension of
an existing street, for the purpose, whether immediate
or future, of sale or building development, and including
re-subdivislon.
The final plat or map on which the applicant's subdivision is
presented to the Planning Board for approval, and which if
approved shall be submitted by the applicant to the County
Clerk for recording.
A block of exceptionally large size in both dimensions, with
access to intenor lots by cul-de-sacs branching in from
surrounding streets and providing one or more open spaces.
A person licensed as a land surveyor by the State of New York.
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ARTICLE III
PROCEDURE IN FILING SUBDIVISICN APPLICATIONS AND APPROVAL PROCESS
Before making any offer to sell, or before entering into a contract for the sale of any
part of a proposed subdi vi sion, and before any permi t for the erection of a structure,
removal of toP:tQ1,!, ,or foq;irBdgin~'~Q~~,~~nn~~,.j,p.sucp.subdiyrsion ~hallge"granted,
and before undertakmg any land clearance, gra dmg or channel dredgmg ,operatiOn'll'!
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'tbesubdivider shall apply to the Planning Board for approval of suchpr~posedsJbdi-
vision in accordance with the requirements, and pursuant to the procedures , set forth
in these regulations.
SECTION I .,'SIi(E'1~ffPI,AN'
A. Submission of Sketch Plan
Any applicant shall submit to the Planning Board (at lea st two weeks prior to
the regular meeting of the Board) two copies of a Sketch Plan of the proposed
subdivision. Such Plan shall comply with the requirements of Article V,
Section I.
B. Discussion of Imorovements, Requirements and Classification
At its meeting with the applicant, the Planning Board should discuss the ob-
jectives of these regulations, and the requirements for street improvements,
drainage, sewerage, water supply, fire protection, and other similar aspects.
In addition, the review will cover the availability of existing services and
other pertinent information.
At this meeting, the Planning Board shall classify the proposed subdivision as
a Minor or Major Subdi vi sion, a s defined in these regulations. However, when
it deems it necessary for protection of the public health, safety and welfare,
the Board may require that a Minor Subdivision comply with all or some of the
requirements specified for Major Subdivisions. If a proposed subdivision is
classified and approved as a Minor Subdivision, the subdivider shall then
comply with the procedure outlined in Article III, Section 2 of these regulations.
If it is classified as a Major Subdivision, the subdivider shall comply with the
procedures outlined in Article III, Section 3, Section 4, and Section 5.
C. Studvof Sketch Plan
The Planning Board shall determine whether a subdivision Sketch Plan meets
the purposes of these regulations. Any changes to be made on the proposed
subdivision map required by the Planning Board shall be submitted, in writing,
to the applicant or his duly authorized representative. All such changes shall
be incorporated in the applicant's next submission to the Planning Board.
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SECTION 2. APPROVAL 0 F MINOR SUBDIVISION
A. Aoolication and Fee
Within six months after the approval of the Sketch Plan by the Planning Board,
the subdivider shall submit an application for approval of a Subdivision Plat.
If such application is not recei ved within six months, the Planning Board
approval of the Sketch Plan shall expire. The Plat shall follow the layout of
the Sketch Plan, as approved by the Board, plus any recommendations made
by the Planning Board. Said application shall also conform to the requirements
listed in Article V, Section 2-A.
All applications for Plat approval for Minor Subdivisions shall be accompanied
by a fee of $10.00 per lot.
B. Number of Copies
Five copies of the Subdivision Plat shall be presented to the Planning Board
at least two weeks prior to a regularly scheduled Planning Board meeting.
C. Subdivider to Attend Planninq Board Meetinq
The subdi vider, or his duly authorized representative, shall attend the meeting
of the Planning Board to discuss the Subdivision PIaL
D. When Officiallv Submitted
The Subdivision Plat shall be considered offiCially submitted only when all
the surveys, plans, required certifications and signatures, and other data
required in Article V, Section 2 are submitted complete and in good form,
together with the application and fee, at a regular meeting of the Planning
Board .
E Public Hearinq
Before the Plannirg Board shall act on the Subdivision Plat, it shall hold a
public hearing in accordance with Section 276 of the Town Law.
F. Action on Subdivision Plat
The Planning Board shall, within 45 days from the public hearing date,
approve or approve with modification, or disapprove the Subdivision Plat.
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SECTION 3. PRELIMINARY LAYOUT FOR MAYOR SUBDIVISION
A. Application and Fee
Prior to the filing of an application for the approval of a Major Subdivision
Plat, the subdivider shall file with the Town Clerk an application in duplicate
for the consideration of a Preliminary Layout of the proposed subdivision, in
the form described in Article V, Section 3. The Preliminary Layout shall com-
ply with the requirements set forth in these regulations, including Article V,
Section 3, and Sections 276 and 277 of the Town Law.
The application filed with the Town Clerk shall be accompanied by a fee of
$50, plus $5 per acre or part thereof in the proposed subdivision.
B. Number of Copies
Frve paper prints of the Preliminary layout and the duplicate application shall
be filed wHh the Town Clerk at least two weeks prior to a regularly scheduled
Planning Board meeting. The Clerk shall immediately forward to the Planning
Board four prints of the layout and a copy of the application.,
C. Subdivider to Attend Planninq Board Meetinq
The subdiVIder, or hIS duly authorized representative, shall attend the meet-
ing of the Planning Board to di scuss the Preliminary Layout.
D. Study of Preliminary Layout
The Planning Board shall study the Preliminary Layout, taking into considera-
tion the requirements of the community and the best use of the land being sub-
divided. Particular attention shall be given to the arrangement, location, and
width of streets, their relation to the topography of the land, chdnnels, water supply,
sewage di sposal, drainage, lot sizes and arrangement, the future development
of adjoining lands, and the requirements of the Master Plan, the OffiCial Map,
and Zoning Ordinance, if such exi sL The Town Superint81 dent of Highways will
rev,ew all dbc':e aspects cf the design of the proposed subdiVision including a
fIeld check, and submit a repo:t to the Planmng Board with his recommendations
prior to the scheduled meeting.
E. Conditional Aooroval of the Preliminary Lavout
Following review of the Preliminary Layout, the Planning Board may, within
forty-five (45) days, act thereon, as submitted, or modified. If approved,
the Planning Board shall express its approval a s Conditional Approval and
state the conditions of such approval, if any, with respect to the specific
changes which it will require in the Preliminary Layout; and the character and
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extent af required improvements including those for which waivers may have been
requested. If the Preliminary Layout is disapproved, the Planning Board shall
express its disapproval in writing and the reasons therefor.
The action of the Planning Board shall be noted on two copies of the Prelimi-
nary Layout. One copy shall be returned to the subdivider. Conditional
Approval of a Preliminary Layout shall not constitute approval of the Subdi-
vision Plat, but rather it shall be deemed an expression of approval of the
design submitted on the Preliminaiy Layout as a guide to the preparation of
the Subdivision Plat..
SECTION 4. PIAT FOR MAJOR SUBDIVISION
A. Application for Approval
The subdivider shall, within one year after the Conditional Approval of the
Preliminary Layout, file with the Town Clerk an application (in duplicate) for
approval of all or part of the proposed subdivision, using the approved appli-
cation blank. Thus, the subdivider may develop the subdivision in progres-
sive stages instead of in its entirety. But no subdivision or portion thereof
shall be considered unless it has frontage on a public street; abuts an exist-
ing street on the Town's Official Map; or an approved street for which a bond
ha s been filed under Paragraph E, below. A Highway Inspection fee of Fifty
Dollars \$50.00) for each mile or fractio!') thereof of street proposed in the
subdivision shall be paid prior to final plat approval.
Failure to submit all or a portion of the Subdivision Plat within six months
shall automatically cancel the Preliminary Layout Conditional Approval, un-
less a request for an extension of time is granted by the Planning Board. Such
extension shall be granted only if the proposed subdivision fully conforms to
the zoning regu l.ahon s in effect at the time such extension is applied for.
B. Number of Copies and Date of Official Submission
In order for a proposed Subdivision Plat to receive Planning Board approval,
the documents listed in Article V, Section 4 shall be filed with the Town Clerk,
in good form, at least two weeks in advance of the regular meeting at which
it is to be considered offiCially submitted. The Clerk shall immediately forward
such maps to the Planning Board.
C. Endorsement of State and Countv Aqencies
Water and sewer faCility proposals contained in the Subdivision Plat shall be
properly approved and endorsed by the Suffolk County Department of Health.
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Endorsement and approval by the County Department of Health shall be se-
cured by the subdivider before officia 1 submi ssion of Subdi vi sion Plat.
Three (3) cloth prints of the proposed subdivision plat shall be submitted
to the County Department of Health, together with all other necessary de-
tails required by the Planning Board. In addition, applications for approval
of plans for sewers or water facilities will be filed by the subdivider with
all necessary Town, County and State agencies.
D. Reports of Town Superintendent of Hiqhwavs and Planninq Board Enqineer
The Superintendent shall submit a report to the Planning Board at the public
hearing on the highways in the proposed subdivision. The Planning Engineer
shall submit a detailed list of all improvements and construction items and
an estimate of the cost of construction.
E. Public Hearinq
Before the Planning Board will act on any Subdivision Plat, it shall hold a
public hearing thereon in accordance with Section 276 of the Town Law.
F. Action on Proposed Subdi vi sion Plat
The Planning Board shall, within 45 days from and after the time of the pub-
lic hearing on the Subdivision Plat, approve or approve with modification,
or disapprove the Subdivision Plat. The report of the Superintendent of Highways
shall also be approved or disapproved and included in the final resolution of
the Board. The Subdivision Plat shall not be signed by the authorized officers
of the Board for recording until the subdivider has complied with the" provisions
of Article III, Section 5, below, and delivers to the Town Clerk a performance
bond to cover the full cost of all required improvements in an amount set by
the Board. Such bond shall comply with the requirements of Section 277 of
the Town Law, be satisfactory to the Town Board as to form, sufficiency,
manner of execution and surety, and provide for completion of the said im-
provements in such appropriate period of time, as the Board shall determine,
not to exceed three (3) years.
A copy of all resolutions and reports shall be forwarded immediately to the
Town Board as a part of said Board's authorization in connection with the
approval of the bond and all other items under its jurisdiction, as specified
in the Town Law.
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SECTION 5. REOUIRED IMPROVEMENTS
A. Waiver of Required Improvements
The Planning Board may waive the provision of any or all such improvements
and requirements as in its judgment of the special circumstances of a parti-
cular plat or plats, are not requisite in the interests of the public health,
safety and general welfare. In the ca se of each wai ver granted, the Plan-
ning Board shall enter upon its records the reason why the particular im-
provement is not necessary, and it shall attach appropriate conditions,
or require such guarantees as may be necessary to protect the public
intere st.
B. Modification of Desiqn of Improvements
If at any time before or during the construction of the required improve-
ments it is demonstrated to the satisfaction of the Town Superintendent of
Highways that unforeseen conditions make it necessary or preferable to modify
the location or design of such required improvements, the Superintendent may,
upon his own initiative or upon written request of the subdivider, authorize
modifications provided these modifications are within the spirit and intent of
the Planning Board's approval. The Superintendent in issuing an authoriza-
tion under this Section, shall do so in writing and shall transmit a copy of
such authorization to the Planning Board at their next regular meeting.
C. Inspection of Improvements
In order to assure that all Town specifications and requirements are met
during the construction of all required improvements, and to assure the
satisfactory completion of improvements and utihties as required by the
Planning Board, a construction inspector representing the Board shall in-
spect the improvements during the process of COflstruction. It shall be
the duty of the subdivider to notify the Planning Board and the construction
inspector when improvements are to commence and when they are to be
completed. Said construction inspector shall, after completion of con-
struction, certify to the Planning Board that all required improvements
have been constructed as required by the Board. In addition, the sub-
divider shall furnish a certified set of drawings showing all improvements
a s constructed, in the same detail a s required for the approved Subdi vi sion
Plat.
D. Utilities Required
The subdivider shall submit to the Planning Board a letter from each public
utility company whose facilities are proposed to be installed in the proposed
subdivision. Such letter shall state that the utility company will make the
installations necessary for the furnishing of its services.
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E. Proper Installation of Improvements
If the Construction Inspector shall find, upon inspection of the improvements
performed before the expiration date of the performance bond, that any of the
required improvements have not been constructed in accordance with plans and
specifications filed by the subdivider, he shall so report to the Town Board,
Building Inspector, and Planning Board. The Planning Board then shall notify
the subdivider and, if necessary, the bonding company, and take all necessary
steps to preserve the Town's rights under the terms of the bond.
SECTION 6. FlUNG OF APPROVED SUBDIVISION PIAT
A. Final Approval and Filinq
Upon completion of the above requirements and notation to that effect upon the
Subdivision Plat it shall be deemed to have final approval, and the Plat shall
be properly signed by the appropriate officer of the Planning Board and shall
be filed by the applicant in the Office of the County Clerk. Any Subdivision
Plat not so filed or recorded within ninety (90) days of the date upon which
such Subdivision Plat is approved or considered approved by reasons of failure
of the Planning Board to act, shall become null and void. However, if the
applicant can demonstrate to the Planning Board that certain circumstances
prevent the filing of the Plat within the specified time, the Planning Board may,
at its discretion, grant an extension in which to file the Plat, which shall not
exceed two additional periods of ninety (90) days each.
B. Plat Void if Revi sed After Approva I
No changes, erasures, modifications, or revisions shall be made in any Sub-
division Plat after approval has been given by the Planning Board and endorsed
in writing on the Plat, unless the said Plat is first resubmitted to the Planning
Board and such Board approves said modifications. In the event that any such
Subdivision Plat is recorded without complying with this requirement, the same
shall be considered null and void, the Building Inspector shall not issue build-
ing permits, and the Town shall institute proceedings to have the Plat stricken
from the records of the County Clerk.
SECTION 7. PUBLIC STREETS, RECREATION AREAS
A. Public Acceptance of Streets
The approval by the Planning Board of a Subdivision Plat shall not be deemed
to constitute or be evidence of any acceptance by the Town of any street, right-
of-way or easement shown on such Subdivision Plat. The applicant shall com-
ply with all Town rules and regulations regarding the dedication of highways.
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B. Ownership and Maintenance of Recreation Areas
When a park, playground, or other recreation area shall have been shown on. a
Plat, the approval of said Plat shall not constitute an acceptance by the Town
of such area. The Planning Board may require the Plat to be endorsed with ap-
propriate notes to this effect. The Planning Board may also require the filing
of a written agreement in proper form for recording in the County Clerk's of-
fice between the applicant and the Town Board covering future title, dedica-
tion, and provision for the cost of grading, development, equipment, and
maintenance of any such recreation area.
C. Maintenance of Improvements
The applicant shall be required to maintain all improvements and provide for
snow removal on streets and sidewalks until acceptance of said improvements
by the Town Board. The applicant shall file a maintenance bond, as required
by the Town Highway specifications, with the Town Board, prior to dedication,
in an amount considered adequate by the Town Engineer and in a form- satisfac-
tory to the Town Attorney in order to assure the satisfactory condition of the
required improvements for a period of one (1) year after the date of their ac-
ceptance by the Town Boa rd.
D. Future Status of Streets. Parks and Easements
Acceptance of formal offers of cession of streets, easements, and parks shall
rest with the Town Board. In the event that the applicant shall elect not to
file the Plat in the office of the County Clerk within the required period, then
such formal offers of cession shall be deemed to be void.
E. Improvements Required Before Buildinqs in Subdivision Mav be Occupied
Where a permit is desired for the occupancy of a building in the subdivision,
prior to the completion of the improvements as required in the Plannin9 Board's
approval of the Subdivision Plat, the street serving the proposed building shall
be completed to a degree satisfactory to the Planning Board and Town Superin-
tendent of Highways. In general, the extent of said street improvement shall
be adequate for vehicular access by the prospective occupant and by police
and fire equipment, prior to the issuance of an occupancy permit. Where such
permit has been issued, the street shall be maintained by the subdivider in
such satisfactory condition.
F. Plats Straddlinq Municipal Boundaries
Whenever access to the subdivision is required across land in another municipal-
ity, the Planning Board may request assurance from the Town Attorney that access
is legally established and from the Superintendent of Highways that,the access
road is adequately improved, or that a performance bond ha s been duly executed
and is sufficient in amount to assure the construction of the access road. In
general, lot lines should be laid out so as not to cross Town boundary lines.
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ARTICLE IV
GENERAL REQUIREMENTS AND DESIGN STANDARDS
In considering applications for subdi vi sion of land, the Planning Board shall be
guided by the standards set forth hereinafter. The said standards shall be consid-
ered to be minimum requirements.
SECTION l. GENERAL
A. Character of Land
Land to be subdivided for building purposes shall be of such a character that
it can be used safely without danger to the residents from any menace.
B. Conformity to Official Map and Master Plan
Subdivision shall conform to the Official Map of the Town, if such exists, and
shall be in harmony with the Master Plan.
C. Specifications for Required Improvements
All required improvements shall conform to the Town specifications, which
may be obtained from the Town Clerk. Where approval of the New York State
and/or Suffolk County Departments of Public Works and Health are required,
specifications for required improvements may be obtained from the respective
agencies.
SECTION 2. STREET IAYOUT
A. Width, Location and Construction
Streets shall be of sufficient width, suitably located, and adequately con-
structed to conform with the Master Plan, if such exists, 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
a s to compose a convenient system.
B. Arranqement
The arrangement of streets in the subdivision shall provide for the continuation
of major streets of adjoining areas, and for proper projection of such streets
into adjoining properties, in order to make pOSSible necessary fire prOtection,
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movement of traffic and the construction or extension, presently or when
later required, of needed utilities and public services such as sewers,
water drainage facilities. Where, in the opinion of the Planning Board,
topographic or other conditions make such continuance undesirable or im-
practicable, the above condi tions may be modified.
C. Minor Streets
Minor streets shall be so laid out that their use by through traffic will be
di scouraged.
D. Special Treatment Along Major Streets
Where a subdivision abuts or contains an existing or proposed major street,
the Board may require local service streets, reverse frontage with screen
planting contained in a non-access reservation along the rear property line,
deep lots with rear service alleys, or such other treatment as may be neces-
sary for adequate protection of residential properties and to afford separation
of through from 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, the
Board may require that streets and lots be laid out so as to permit future
resubdivision in accordance with the requirements contained in these regu-
lations.
F. Dead End Streets
The creation of dead end or loop residential streets will be encouraged
wherever the Board finds that such type of development will not interfere
with normal traffic circulation in the area, provided interior parks are
covered by appropriate covenants as to maintenance. In the case of dead
end streets, where needed or desirable, the Board may require the reser-
vation of a 10-foot wide easement to provide for continuation of pedestrian
traffic and utilities to the next street. Subdivisions containing twenty (20)
lots or more shall have at least two (2) street connections with existing
public streets, or streets shown on the Official Map, if such exi sts, or
streets on a recorded Subdivision Plat.
G. Block Si ze
Blocks shall not be excessively long. Blocks generally shall not be less
than 400 feet in length. In general, the width of a block shall not be less
than twice the normal lot depth, nor more than 1200 feet in length.
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In blocks exceeding 800 feet in length, the Planning Board may require the
reservation of a lQ-foot wide easement through the block to provide for the
crossing of underground utilities and pedestrian traffic where needed or de-
sirable and may further specify, at its discretion, that a 4-foot wide paved
foot path be included. The Planning Board shall require the proper mainten-
ance of any such ea sement"
Irregularly shaped blocks (including superblocks) indented by cul-de- sacs and
containing interior spaces will be acceptable when properly designed and co-
ordinated with the overall Plat and when adequate provision for the mainten-
ance and ownership of public areas is provided for.
H. Intersections with Maior Streets
Minor or secondary street opening s into a major street shall, in general, be
at least 500 feet apart.
1. Street Jog s
Street jogs with center line offsets of less than one hundred and twenty-five
(125) feet sha 11 genera lly not be permitted.
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 approximately at right angles to the street it joins.
K. Relation to Topoqraphv
The street plan of a proposed subdi vi sion shall bear a logical relationship to
the topography of the property, and all street~ shall be arranged so as to ob-
tain as many of the building sites as possible at or above the grade of the
streets. Grades of streets shall conform a s closely as possible to the original
topography.
L. Other Required Streets
Where a subdivision borders on or contains a railroad right-of-way or
a major street right-of-way, the Planning Board may require a street approx-
imately parallel to and on each side of such right-of-way, at a distance suit-
able for the appropriate use of the intervening land (a s 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.
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SECTION 3. STREET DESIGN
A. Widths of Rights-of-Way
Streets shall have the following widths (when not indicated on the Ma ster
Plan or Official Map, the classification of streets shall be determined by the
Boa rd) :
Type of Street
Minimum
Riaht of Wav
Major Streets
Secondary or Collector Streets
Minor Streets
100 feet*
80 feet*
50 feet
* Except when the Ma ster Plan specifies a greater
or Ie s ser width.
B. Improvements
Streets shall be graded and improved with pavements, curbs and gutters,
sidewalks, drainage facilities, water mains, sewers, street lights and
street signs, street trees, and fire hydrants, except where waivers may
be requested, and the Planning Board may waive, subject to appropriate con-
ditions, such improvements a s it considers may be omitted without jeopardy
to the public health, safety and general welfare. Pedestrian easements shall
be improved a s required by the Planning Board. Such grading and improve-
ments shall be approved a s to design and specifications by the Town Super-
intendent of Highways.
C. Utilities in Streets
The Planning Board may require that underground utilities be placed in the
street right-of-way between the paved roadway and street line to simplify
location and repair of lines when they require attention. 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
D. Utili ty Ea sements
Where topography is such as to make impractical the inclusion of utilities
within the street rights-of-way, perpetual unobstructed ea sements at lea st
20 feet in width shall be otherwise provided with satisfactory access to the
street. Wherever pos sible, ea sements shall be continuous from block to
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block and shall present as few irregularimes as possible. Such easements
shall be cleared and graded where required.
E. Steep Curves; Visibility of Intersections
Sharp curves shall be avoided. In order to provide visibility for traffic safety,
that portion of any corner lot (whether at an intersection entirely within the
subdivision or of a new street with an existing street) which is shown shaded
on Sketch A shall be cleared of all growth (except isolated trees) and obstruc-
tions above the level three feet higher than the center line of the street. If
directed by the Planning Board, the subdivider shall regrade this area.
Sfr~et L/I)e
2(/ RaditlS
SKETCH A
F. Dead End Streets
Where dead end streets are designed to be so permanently, they should in
general, not exceed 800 feet in length, and shall terminate in a circular
turnaround having a minimum right-of-way radius of 50 feet and pavement
radius of 40 feet. At the end of temporary dead end streets a temporary
turnaround with a pavement radius of 40 feet shall be provided, unless the
Planning Board approves an alternate arrangement.
G. Watercourses
Where a watercourse separates a proposed street from abutting property, pro-
vision shall be made for access to all lots by means of culverts or other
structures of design approved by the Town Superintendent of Highways.
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Where a subdivision is traversed by a watercourse, drainage way, channel or
stream, there shall be provided a storm water ea sement or drainage right-of-
way as required by the Town Superintendent of Highways, and in no case less
than 20 feet in width.
H. Streets or Loading Space in Commercial Development
Paved rear service streets of not less than 20 feet in width, or in lieu thereof,
adequate off-street loading space, suitably surfaced, shall be provided in
connection with lots designed for commercial use.
I. Free Flow of Vehicular Traffic Abutting Commercial Developments
In front of area s zoned and designed for commercial use, or where a change of
zoning to permi t a commercial use is contemplated, the street width shall be
increased by such amount on each side as may be deemed necessary by the
Board to assure the free flow of through traffic without interference by parked
or parking vehicles, and to provide adequate and safe parking space for such
commercial or business di strict.
SECTION 4. STREET NAMES
A. Type of Name
All streets shown on a Preliminary Layout or Subdi vision Plat shall be named
by the developer and be subject to approval of the Planning Board. Streets
shall have names and not numbers or letters (such as "1st", "First", or
"A" Street) .
B. Names to be Substantially Different
Proposed street names shall be substantially different so a s not to be confused
in sound or spelling wi th 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 degrees
wi thout a change in street name.
SECTION 5. LOTS
A. Lots to be Buildable
The lot arrangement shall be such that in constructing a building in compliance
with the Zoning Ordinance there will be no foreseeable difficulties for reasons
of topography or other natural conditions.
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B. Side Lines
All side linj:ls of lots shall be at right angles to straight street lines and radial
to curved street line s, unle s s a varia tion from thi s rule will give a better
street or lot plan.
C. Corner Lots
Corner lots shall be of sufficient dimensions so that any structure placed
thereon shall conform to the building setback line of each street.
D. Drivewav Access
Where practicable, comer lots shall be so laid out that their driveways have
access to that street which carries or is intended to carry the lesser amount
of traffic.
E. Monuments and Lot Corner Markers
Permanent monuments meeting specifications approved by the Town Super-
intendent of Highways as to size, type and installation, shall be set at
such block corners, angle points, points of curves in streets, and other
points a s the Town Superintendent of Highways may require, and their location
shall be shown on the Subdivision Plat.
SECTION 6. DRAINAGE IMPROVEMENTS
A. Removal of Sorina and Surface Water
The subdivider may be required by the PIa rIDing Board to carry away by pipe
dr 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 fea sible, or in perpetual unobstructed ea se-
ments of appropriate width.
B. Drainaae Structure to Accommodate Potential Development
A recharge basin, culvert or other drainage facility shall, in each case, be
large enough to accommodate potential run-off from its entire drainage area,
whether inside or outside the subdivision. The Town Superintendent of High-
ways shall approve the design and size of facility based on anticipated run-
off from a "ten year" storm under conditions of total potential development
permitted by the Zoning Ordinance in the watershed.
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c. Land Sllhip.r.t to f'loorHnQ
Land subject to flooding or land deemed by the Planning Board to be uninhabi-
table shall not be 'platted for residential occupancy, nor for such other uses
a s may increa se 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.
D. DrninnOp. RpCIllirF:~mpnt.!=i
The subdivider shall be required to install the facilities for the drainage of
streets and lots a s required by the Town Superintendent of Highways. Such
drainage facilities, including recharge basins, to be installed within the
Plat area shall be constructed and completed prior to the installation of any
other street improVements required on the Plat. All such drainage structures
shall be maintained in good operating condition until such time as the land
is dedicated and released to the Town. All storm water must be returned to
the soil.
E. Fencina of Recharae Ba sins
All recharge ba sins shall be fenced prior to excavation. All fencing shall
be constructed in accordance with requirements and specifications available
from the Town Superintendent of Highways.
SECTION 7. OTHER IMPROVEMENTS
A. Sanitary Sewer Facilities and Sanitary Sp.wp,r DiHtrir.tH
The subdivider shall install sanitary sewer facilities in a manner prescribed
by the Town Board. Necessary action shall be taken by the developer to
enable the Town Board to extend or create a Sanitary Sewer District for the
purpose of providing sanitary sewers to the subdivision.
B. Street Sians
Street identification signs of a type approved by the Superintendent of High-
ways shall be provided by the subdivider and placed at all intersections in
locations wi thin the right-of-way approved by the Superintendent of Highways.
C. Strp.p.t T.IO'htina Standards
Where required by the Planning Board, street lighting standards of a design
conforming to the Town specifications:, -sbalLbe placed in a manner and location
apRroved_by the Town Superintendent of Highways. In the case of a subdivision
involving a County or State Highway, approval shall be obtained from the appro-
priate highway agency.
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SEl:TTnN R . PARKS . nPEN SPAl:ES Sl:HOnT. SITES. AND NATURAL FEATURES
A. Recreation Standards
The Planning Board may require that land be reserved for parks and playgrounds
or other recreation purposes in locations designated on the Town Plan or Offi-
cial Map, or otherwise where it deems that such reservations would be appro-
priate. 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 Recreation Purposes." When recreation
areas are required, the Planning Board shall determine the number of acres to
be reserved on the basis of providing two (2)acresof recreation area for every
one hundred (lOa) families.
B. Minimum Size of Park and Plavarollnd Reservations
In general, land reserved for recreation purposes shall have an area of at
least four (4) acres. When the reservation in any particular subdivision
would create less than four (4) acres, the Board shall require that the recrea-
tion 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 adjoining land is subdivided.
c.
Rp.r.rp.R ti on Si tP. s
.
Land reserved for recreation purposes shall be of a character and location
suitable for use as a playground, playfield, or other recreation purpose, and
shall be relatively level and dry. All land to be reserved for dedication to
the Town for park purposes shall have prior approval of the Town Board.
D. Other Recreation Reservations
None of the paragraphs above shall be construed as prohibiting a developer
from reserving other land for recreation purposes in addition to the requirements
of thi s Section.
E. Alternate Procedure: Money in Lieu of Land
Where the Planning Board deems that a reservation of land would be inadequate
in size for park or playground use, either alone or in conjunction with abutting
reservations on adjoining subdivisions, the Planning Board may waive the re-
quirement for such reservation with condition that the applicant deposit with
the Town Board a cash payment in lieu of land reservation. Such deposit shall
be placed in a special fund and separately identified to show the name and lo-
cation of the subdivision for which the deposit was made. Such deposit shall
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.
be used by the Town for a neighborhood recreation area including the acquisi-
tion of property. Such deposit must be used within a reasonable period of
time and any such expenditure must be for facilities that will be actually
available to and benefit the persons in said subdivision and be located in the
vicinity of the subdivision. The Planning Board shall determine the amount
to be deposited based on the following formula: Not less than $3,000 per
gross acre of land that would otherwise be required for recreation purposes
or 5 percent of the fair market value of the total acreage proposed for sub-
division as determined by an independent appraiser retained by the Town.
F. School Site s
Upon receipt from the School Board of a letter declaring their 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 are,? Upon the
failure of the proper authorities to purchase such school site within 36 months
after the date of the approval of the Plat, the subdivider, upon application to
the Board and approval of such application, shall be relieved of the responsi-
bili ty of showing such land for public purposes.
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, sha 11 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 commu-
nity,' such as large trees or groves, water courses, beaches, historic spots,
vistas and similar irreplaceable assets. In general, all trees on the site, ex-
cept those situated within proposed area s for building sites, driveways and
utility lines, and for a distance of ten (10) feet therefrom, shall be preserved.
1. Street Tree s
The Planning Board shall require the planting of new street trees in subdivisions
in accordance with the Town specifications. Such trees shall be planted in a
manner prescribed by the Board.
J. Streets Terminatinq at Tidewater
All streets terminating at tidewater shall have a width of not less than lOa feet
for 100 feet back from the main high water mark. All highways on waterfront
property must have the same access to the water a s above required.
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ARTICLE V
DOCUMENTS TO BE SUBMITTED
SECTION I. SKETCH PlAN
A. The sketch plan initially submitted to the Planning Board shall be based on the
Town tax map at a scale of I" = I 00'. The sketch plan shall be submitted,
showing the following information:
(1) Key map showing the location of the proposed subdivision, and the
distance to the nearest existing street intersection.
(2) All existing structures, wooded areas, streams and other significant
physical features, within the area to be subdivided and within 200
feet thereof. Contours shall be indicated at intervals of not more
than five (5) feet. Two foot contours may be required by the Planning
Board where drainage problems are deemed to exist.
(3) The name of the subdivision property owner and of all adjoining
property owners as listed on the Town tax rolls.
(4) ToWn tax map sheet, block and lot numbers.
(5) Location of available utilities and of proposed, mapped or existing
streets,
(6) The proposed lot and street layout, including recreation areas. Systems
of drainage, sewerage, and water supply (see Section 2-A3, below)
within the subdivided area.
(7) Notations of all existing restrictions on the use of land including
easements, covenants, or zoning lines.
RF.l:nON? MINOR STTRDIVIRION PlAT
A. In the case of Minor Subdivisions ONLY, the Subdivision Plat application shall
include all information shown on the approved Sketch Plan, plus the following
additional information:
(1) A copy of such covenants or deed restrictions as are intended to cover
all or part of the tract.
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(2) An actual field survey of the boundary lines of the tract, givmg
complete descriptive data by bearings and distances, made and
certified to by a licensed engineer or land surveyor. The corners
of tra ct shall also be located on the ground and marked by monu-
ments as approved by the Town Engineer, and shall be referenced
and shown on the Plat.
(3) All sanitation and water supply facilities shall be designed to meet
the specifications of the State Board of Health, and a note to this
effect shall be stated on the Plat and signed by a licensed engineer.
(4) Proposed subdivision name, name of the Town and County in which
it is located.
(5) The date, north poiITt, map scale, name and address of record owner
and subdivider.
(6) The Plat to be filed with the County Clerk shall be printed upon linen
or be clearly drawn in India ink upon tracing cloth. The size of the
sheets shall not exceed thirty- six (36) inches by forty-eight (48)
inches.
SECTION 3. MAlOR SUBDIVISION: PRELIMINARY LAYOUT AND ACCOMPANYING DATA
The following documents shall be submitted for Conditional Preliminary Layout
Approval:
A. Five (5) paper prints of the preliminary layout, prepared at a scale of not
more than one hundred (100) feet, showing:
(1) Proposed subdivision name, name of Town and County in which it is
located, date, true north point, scale, name and address of record
owner, subdivider and engineer or surveyor, including license number
and seal.
(2) The names of all adjoining subdivisions and/or the names of the owners
of record of all adjoining proper;ty 0
(3) Zoning District, including exact boundary lines of district, if more
than one di strict.
(4) All parcels of land proposed to be dedicated to public use and the
conditions of such dedication.
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.
(5)
Location of exi sting property lines, ea sements, buildings, water
courses, marshes, rock outcrops, wooded areas, single trees with
a diameter of 12" or more a s mea sured 3 feet above the ba se of the.
trunk, and other significant existing features for the proposed subdi-
vision and adjacent property.
.
(6) Location of existing sewers, water mains, culverts and drains, on
the property wi th pipe si ze s, grade s and direction of flow.
(7) Contours with intervals at two (2) feet and elevations on existing
roads at 100-foot intervals. Approximate grading plan if natural
contours are to be changed more than two (2) feet.
(8) The width and location of any streets or public ways or places shown
on the Official Map or the Master Plan, if such exist, within the area
to be subdivided, and the width, location, grades and street profiles
of all' streets or public ways proposed by the developer.
(9) The approximat e location and size of all proposed water lines,
valves, hydrants and sewer lines, and fire alarm boxes. Connection
to existing lines or alternate means of water supply or sewage disposal
and treatment as provided in the Public Health Law. Profiles of all
proposed water and sewer lines.
(10) Storm drainage plan indicating the approximate location and size of
proposed lines and their profiles. Connection to existing lines or to
storm water recharging ba sins.
(11) Plans and cross-sections showing the proposed location and type of
sidewalks, street lighting standards, street trees, curbs, water mains,
sanitary sewers and storm drains, recharge basins, and the size and
type thereof, the chara cter, width and depth of pavements and sub-
base, the location of manholes, catch-basins and underground condui ts.
(12) Preliminary designs of any bridges or culverts which may be required.
(13) The proposed lot lines with approximate dimension and suggested
location of buildings.
(14) An actual field survey of the boundary lines of the tract, giving complete
descriptive data by bearings and distances, made and certified to by a
licensed engineer or land surveyor. The corners of tract shall also be
located on the ground and marked by substantial stone monuments of
such size as approved by the Town Superintendent of Highways, and
shall be referenced and shown on the Plat.
.
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B. If the application covers only a part of the subdivider's entire holding, a map
of the entire tract, drawn at a scale of not less than one hundred (lOa) feet to
the inch showing an outline of the platted area with its proposed streets and
indication of the probable future street system with its grades and drainage in
the remaining portion of the tract and the probable future drainage layout of
the entire tract shall be submitted. The part of the entire holding submitted
shall be considered in the light of the entire holding s.
C. A copy of such covenants or deed restrictions as are intended to cover all
or any part of the tract.
SECTION 4. MAJOR SUBDIVISION: SUBDIVISION PIAT AND ACCOMPANYING DATA
The following documents shall be submitted for Subdivision Plat approval:
1. Two (2) copies of the Subdivision Plat application.
2. The original Subdivision Plat tracing.
3. Two (2) cloth prints and three (3) paper prints of the Subdivision Plat.
A.
The Plat to be recorded with the County Clerk shall be printed upon linen, or
be clearly drawn in India ink upon tracing cloth. The size of the sheets shall
not exceed 36 inches by 48 inches, including a margin for binding of two
inches, outside of the border, along the left side and a margin of one inch
outside of the border along the remaining sides. The Plat shall be drawn at
a scale of no more than 100 feet to the inch and oriented with the north
point a t the top of the map. When more than one sheet is required, an addi-
tional index sheet of the same size shall be filed showing to scale the entire
subdivision with lot and block numbers clearly legible.
.
The Plat shall show:
(1) Subdivision name, date, scale and north point.
(2) Certification of ti tIe showing ownership.
(3) Names of owners of adjacent land.
(4) Certification by a licensed surveyor as to the accuracy of the survey
and Plat.
(5) Certification of owners offering for dedication all streets and public
area s .
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.
v
(6)
Primary control points (wherever possible including monuments included
in the state system of plan coordinates on reference points previously
established by public authority) or description and "ties" to such con-
trol points, to which all dimensions, angles, bearings, and similar
data on the Plat shall be referred.
.
(7) Boundaries of the property, building or set-back lines if greater than
those required in the zoning ordinance; lines of streets; lots; reserva-
tions; easements and areas to be dedicated to public use; large trees;
groves and other natural features to be preserved; lengths and deflec-
tion angles of all straight lines; radii; lengths; central angles; long
cords and tangent distances of all curves. All lengths shall be in
feet and tenths of a foot, and all angles shall be given to the nearest
ten (10) seconds or closer if deemed necessary by the surveyor. The
error of closure shall not exceed one (1) to ten (10) thousand.
(8) Computed area of all lots in square feet.
(9) The location of all permanent monuments.
(10) Proposed street names a s directed by the Board, and section, block
and lot numbers a s directed by the Town Assessor.
(11)
Designation and purpose of all areas to be dedicated or reserved for
public use and of any streets which are not to be dedicated.
.
(12) Location, width and purpose of all easements.
(13) Proper form for the approval of the Planning Board with space for their
signatures and other required officials.
B. The original and one copy of deeds of cession to streets, rights-of-way, ease-
ments, or other sites to be devoted to public use and the original and one copy
of agreements, covenants Or other documents showing the manner in which
streets, parks and other areas are to be reserved and maintained for the common
use of the residents of the subdi vi sion, including provi sions for home-owner
associations and property assessments if needed, all certified as to their
legal sufficiency by the Town Attorney.
C. Two prints of all construction and landscaping plans and drawings as required
by, and in accordance with, Town specifications.
D. An estimate as to the cost of the required improvements, including, but not
limited to, streets, curbing, sa nita ry sewer and storm drain lines.
E.
One certified copy of the Water Company contract indicating that mains will be
installed and water will be transmitted to the subdivision.
.
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ARTICLE VI
VARIANCES AND WAIVERS
SECTION 1. VARIATIONS IN CASE OF HARDSHIP
Where the Planning Board finds that extraordinary and unnecessary hardships may
result from strict compliance with these regulations, it may vary the regulations so
that substantial justice may be done and the public interest secured; provided that
such variations will not have the effect of nullifying the intent and purpose of the
Official Map, the Ma ster Plan, or the Zoning Ordinance, if such exi st.
SECTION 2. WAIVERS OF REOUIRED IMPROVEMENTS
Where the Planning Board finds that, due,to the special circumstances of a particular
Plat, the provision of certain required improvements is not requisite in the interest
of the public health, safety and general welfare or is inappropriate because of inad-
equacy or lack of connecting facilities adjacent or in proximity to the proposed
subdivision, it may waive such requirements, subject to appropriate conditions.
SECTION 3. BOARD TO IMPOSE CONDITIONS
,
In granting variances and modifications, the Planning Board shall require such condi-
tions as will, in its judgment, secure substantially the objectives of the standards
or requirements so varied or modified.
.
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ARTICLE VII
SEPARABILITY
.
SECTION 1
Should any section or provision of the regulations contained herein or as amended
hereafter be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the regulations as a whole or any part
thereof other than the part so declared to be invalid.
ARTICLE VIII
EFFECTIVE DATE
~
SECTION 1
These regulations shall be effective immediately upon approval of the Town Board
and adoption by the Planning Board.
.
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