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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. -2- 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. -3- 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. -4- 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'! ',' '. ',_ .' '. " "', ','..., .. .. K',,'_'" '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. -5- 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. -6- 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 -7- 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. -8- 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. -9- 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. -10- 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. -11- 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. -12- 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, -13- 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. -14- 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. -15- 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 -16- 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. -17- 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. -18- 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. -19~ 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. -20- 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 -21- . 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. -22- 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. -23- (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. -24- . (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. . -25- 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 . -26- . 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. . -27- - 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. . -28- - 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. . -29-