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HomeMy WebLinkAbout03/31/70~~~ ~~~ ~~~._ .~ ~ .i SUBDIVISION REGULATIONS of Town Of Southold September 26, 1967 AMENdEc~ / ~IOVE/rJ~EI? 7, 1968 ~MENdEd n7A~ch 3/, Ig70 $1.00 The preparation of this document was financially aided through a federal grant from the Department of Housing and Urban Develop- ment, under the Urban Planning Assistance Program for the New York State Department of Commerce. It was financed in part by the State of New York, and in part by the Town of Southold. Raymond & May Associates, Planning Consultants September 1965 Revised June 1966 r TABLE OF'CONTENTS ARTICLE I DECLARATION OF POLICY .......................... . 1 ARTICLE II DEFINITIONS ....................................... . 2 ARTICLE III PROCEDURES IN FILING SUBDIVISION APPLICATIONS & APPROVAL PROCESS ............. . 4 ARTICLE IV GENERAL REQUIREMENTS AND DESIGN STANDARDS ........................................ . 10 ARTICLE V DOCUMENTS TO BE SUBMITTED ................... . 18 ARTICLE VI VARIANCES AND WAIVERS ......................... . 22 ARTICLE VII SEPARABILITY ..................................... . 22 ARTICLE VIII EFFECTIVE DATE ................................... . 22 ARTICLE I DECLARATION OF POLICY By the authority of the resolution of the Town Board of the Town of Southold, adopted on September 26th, 1967, pursuant to the provisions of Article 16 of the Town Law of the State of New York, Chapter 63 of the Consolidated Laws of New York, the Planning Board of the Town of Southold was authorized and empowered to approve Plats with or without streets, for subdivisions within the limits of said Town. It is declared to be the policy of the Planning Board to consider Land Subdivision Plats as part of a plan for the orderly, efficient, and economical development of the Town. This means, among other things: that land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health, or peril from fire, flood, or other menace, that proper provision shall be made for drainage, water supply, sewerage and other needed improvements; that all proposed lots shall be so laid out and of such size as to be in harmony with the development pattern of the neighboring prop- erties; that the proposed streets shall compose a convenient system conforming to the Official Map, if such exists, and shall be properly related to the proposals shown on the Comprehensive Town Plan as may be in existence from time to time, and shall be o1 such width, grade and location as to accommodate the prospective traffic, to afford ade- quate light and air, to facilitate fire protection and to provide access of fire-fighting equipment to buildings; that proper provision shall be made for open spaces including parks and playgrounds; that adequate provision shall be made to conserve the natural beauty of the Town; and unusally detailed review be afforded to development plans for waterfront property. In order that land subdivisions may be made in accordance with this policy, these regu- lations which shall be known as, and which may be cited as, the "Town of Southold Land Subdivision Regulations" have been approved by the Town Board on September 26th, 1967, and adopted by the Planning Board on October 3rd, 1967. -1- ARTICLE II DEFINITIONS For the purpose of these regulations, certain words and terms used herein are defined as follows: Crosswalkway Aright-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. Cul-de-sac (Court) A short street having one end open to traffic and being permanently terminated by a vehicle turnaround. Easement A grant of the use of a strip of land by the public, or corporation, or persons for specific purposes. Engineer or Licensed A person licensed as a professional engineer by the State of New Professional Engineer York. Lot A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for development. Major Subdivision All subdivisions not classified as Minor Subdivisions, including but not limited to subdivisions of 5 or more lots, or any subdivision requiring the construction of a new street or the extension of muni- cipal facilities. Master or A plan for the development of all or portions of the Town of South- Town Plan old, prepared by the Planning Board pursuant to Section 272-a of the Town Law, which plan indicates the general locations recom- mended 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. Minor Subdivision Any subdivision containing not more than four lots fronting on an existing street, or the extension of municipal facilities and not ad- versely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, or Zoning Ordinance, if such exists. or these regulations. Official Map The map established by the Town Board pursuant to Section 270 of the Town Law, showing streets, highways, parks, and drainage rights-of-ways both existing and proposed. Planning Board The Planning Board of the Town of Southold, Suffolk County, New or Board York. -2- Preliminary Layout The preliminary layout or map indicating the proposed subdivision to be submitted to the Planning Board for approval. Sketch Plan A rough sketch of the Preliminary Layout (or Subdivision Plat in the case of Minor Subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Board as to the form of the layout and pursuant to the objectives of these regulations. Street Away for vehicular and pedestrian traffic, whether designated as a street, road, avenue, lane, or other way, located between right-of- way lines. Street, Local A local service street is a street running parallel to and in the im- Service mediate vicinity of a major highway for the purpose of relieving traffic on the major highway at the points of crossing. Street, Major A street or highway of great continuity which serves or is intended 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 equivalent term to identify those streets comprising the basic structure of the street plan. Street, Minor A street supplementary to a major street and of limited continuity which serves or is intended to serve the local needs of a neighbor- hood or a section thereof. Street, Secondary A street or road of considerable continuity which serves or is in- tended to serve as 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. Street or Right-of- The distance between property lines, measured at right angles to Way Width the center line of the street. Subdivider or Any person, firm, corporation, partnership or association, who shall Applicant lay out for the purpose of sale or development, any subdivision or part thereof as defined herein, either for himself or others. Subdivision 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-subdivision. Subdivision or The final plat or map on which the applicant's subdivision is pre- Final Plat sented to the Planning Board for approval, and which if approved shall be submitted by the applicant to the County Clerk for re- cording. Superblock A block of exceptionally large size in both dimensions, with access to interior lots by cul-de-sacs branching in from surrounding streets and providing one or more open spaces. Surveyor A person licensed as a land surveyor by the State of New York. -3- ARTICLE III PROCEDURE IN FILINGSUBDIVISIONAPPLICATIONS AND APPROVAL PROCESS Eefore making any offer to sell, or before entering into a contract for the sale of any part of a proposed subdivision, and before any permit for the erection of a structure, removal of topsoil, or for dredging any channel in such subdivision shall be granted, and before undertaking any land clearance, grading or channel dredging operations, the subdivider shall apply to the Planning Board for approval of such proposed subdivision in accordance with the requirements, and pursuant to the procedures, set forth in these regulations. ARTICLE III SECTION 1. SKETCH PLAN A. Submission of Sketch Plan Applicant shall submit to the Planning Board (at least two weeks prior to the regular meeting of the Board) six copies of a Sketch Plan of the proposed subdivision with road profiles and contours at 5 foot elevations. Such Plan shall comply with the re- quirements of Article V. Section 1. of these regulations, and the requirements for street improvements, drainage, sewer- age, 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 Subdivision, as 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 out-lined 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. Study of Sketch Fian 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. SECTION 2. APPROVAL OF MINOR SUBDIVISION A. Application 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 received within six months, the Planning Board approval of the Sketch Plan shall expire. The Plat shall follow the layout of the Sketch Plan, as ap- proved 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. -4- All applications for Plat approval for Minor Subdivisions shall be accompanied by a fee of $10.00 per lot. B. Number of Copies Six 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 Planning Board Meeting The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the Subdivision Plat. D. When Officially Submitted The Subdivision Plat shall be considered officially submitted only when all the sur- veys, 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. F. Public Hearing Before the Planning 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. SECTION 3. PRELIMINARY LAYOUT FOR MAJOR 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 consid- eration of a Preliminary Layout of the proposed subdivision, in the form described in Article V, Section 3. The Preliminary Layout shall comply 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 Six paper prints of the Preliminary Layout and the duplicate application shall be filed with 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 Planning Board ZVIeeting The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the Preliminary Layout. -5- D. Study of Preliminary Layout The Planning Board shall study the Preliminary Layout, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location, and width of streets, their relation to the topography of the land, channels, water supply, sewage disposal, 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. exist. The To~c~n Superintendent of Highways will review all above aspects of the de- sign of the proposed subdivision including a field check, and submit a report to the Planning Board with his recommendations prior to the scheduled meeting. E. Conditional Approval of the Preliminary Layout 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 as 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 extent of required improvements including those for which waivers may have been requested. If the Preliminary Lay- out 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 preliminary Lay- out. One copy shall be returned to the subdivider. Conditional Approval of a Prelim- inary Layout shall not constitute approval of the Subdivision Plat, but rather it shall be deemed an expression of approval of the design submitted on the Preliminary Lay- out as a guide to the preparation of the Subdivision Plat. ARTICLE III SECTION 4. PLAT FOR MAJOR SUBDIVISION A. Application for Approval The subdivider shall, within one year after the Conditional Approval of the Prelim- inary Layout, file with the Town Clerk an application (in duplicate) for approval of all or part of the proposed subdivision, using the approved application blank. Thus, the subdivider may develop the subdivision in progressive stages instead of in its entirety. But no subdivision or portion thereof shall be considered unless it has front- age on a public street; abuts an existing street on the Town's Official Map; or an approved street for which a bond has been filed under Paragraph E, below. A High- way Inspection fee ofL`~°Jo of the amount of the boxid as estimated by the Town En- gineer for streets and improvements 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, unless 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 regulations in effect at the time such extension is applied for. -6- -H. 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 consid- ered officially submitted. The Clerk shall immediately forward such maps to the Planning Board. C. Endorsement of State and County Agencies Water and sewer facility proposals contained in the Subdivision Plat shall be proper- ly approved and endorsed by the Suffolk County Department of Health. Endorsement and approval by the County Department of Health shall be secured by the subdivider before official submission of Subdivision Plat. Three (3) cloth prints of the proposed subdivision plat shall be submitted to the County Department of Health, together with all other necessary details required by the Planning Board. In addition, applica- tions for approval of plans for sewers or water facilities will be filed by the subdi- vider with all necessary Town, County and State agencies. D. Reports of Town Superintendent of Highways and Planning Board Engineer The Superintendent shall submit a report to the Planning Board at the public hearing on the highways in the proposed subdivision. The Planning Board's Engineer shall submit a detailed list of all improvements and construction items and an estimate of the cost of construction. E. Public Hearing 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 Subdivision Plat The Planning Board shall, within 45 days from and after the time of the public hear- ing on the Subdivision Plat, approve or approve with modification, or disapprove the Subdivision Plat. The report of the Superintendent of Highways shall also be ap- proved or disapproved and included in the final resolution of the Board. The Subdivi- sion Plat shall not be signed by the authorized officers of the Board for recording until the subdivider has complied with the pros>isions 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 re- quirements 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 improvements 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. -7- SECTION 5. REQUIRED 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 particular plat or plats, are not requisite in the interests of the public health, safety and general wel- fare. In the case of each waiver granted, the Planning Board shall enter upon its records the reason why the particular improvement is not necessary, and it shall attach appropriate conditions, or require such guarantees as may be necessary to protect the public interest. E. Modification of Design of Improvements If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the Town Superintendent of Highways that the unforseen 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 modi fications are within the spirit and intent of the Planning Board's approval. The Sup- erintendent in issuing an authorization 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. ARTICLE III SECTION 5. REQUIRED IMPROVEMENTS 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 utilities as required by the Planning Board, a construction in- spector representing the Board shall inspect the improvements during the progress of construction. It shall be the duty of the subdivider to notify the Planning Board and Highway Department two days prior to the commencement or completion of any work on each stage or operation of the construction of improvements. Said construc- tion inspector shall, after completion of construction, certify to the Planning Board that all required improvements have been constructed as required by the Board. In addition, the subdivider shall furnish a certified set of drawings showing all im- provements as constructed, in the same detail as required for the approved Subdivi- sion Plat. a..Nuray vv ••wc ~ria.au~aco aac Na vNwiu w ua: uaa ~cuacvx as uc ya vrvo..u ..uvu.v •..•..••. Such letter shall state that the utility company will make the installations necessary for the furnishing of its services. E. Proper Installation of Improvements If the Construction Inspector shall find, upon inspection of the improvements per- formed 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 neces- sary, the bonding company, and take all necessary steps to preserve the Town's rights under the terms of the bond. -8- SECTION 6. FILING OF APPROVED SUBDIVISION PLAT A. Final Approval and Filing Upon completion of the above requirements and notation to that effect upon the Sub- division 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 Plan- ning Board that certain circumstances prevent the filing of the Plat within the speci- fied 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 Revised After Approval No changes, erasures, modifications, or revisions shall be made in any Subdivision 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 building 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 con- stitute 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 comply with all Town rules and regulations regarding the dedication of highways. (See amended Section 278 Town Law-Law of 1967). 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 appropriate 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 office between the applicant and the Town Board covering future title, dedication, and provision for the cost of grad- ing, development, equipment, and maintenance of any such recreation area. C. 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 ces- sion shall be deemed to be void. -9- D. Improvements Required Before Buildings in Subdivision May 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 Planning 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 Superintendent of Highways. In general, the extent of said street improvement shall be adequate for vehicular ac- cess 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. E. Plats Straddling Municipal Boundaries Whenever access to the subdivision is required across land in another municipality, the Planning Board may request assurance from the Town Attorney that access is legally established and from the Superintendent of High~~ays that the access road is adequately improved, or that a performance bond has 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. ARTICLE IV GENERAL REQUIREMENTS AND DESIGN STANDARDS In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. The said standards shall be considered to be mini- mum requirements. SECTION 1. 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 andj or Suffolk County Departments of Public Works and Health are required, specifications for re- quired improvements may be obtained from the respective agencies. -10- SECTION 2. STREET LAYOUT A. Width, Location and Construction Streets shall be of sufficient width, suitably located, and adequately constructed 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 as to compose a convenient system. B. Arrangement 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 adjoin- ing properties, in order to make possible necessary fire protection, movement of traffic and 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 continu- ance undesirable or impracticable, the above conditions may be modified. C. Minor Streets Minor streets shall be so laid out that their use by through traffic will be discouraged. 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 anon-access reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of resi- dential 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 re- quired 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 regulations. F. Dead End Streets The creation of dead end or loop residenta] streets will be encouraged wherever the Board finds that such type of development will not interfere with normal traffic cir- culation 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 reservation 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 exists, or streets on a recorded Subdivision Plat. -11- G. Block Size 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. In blocks exceeding 800 feet in length, the Planning Board may require the reserva- tion of a 10-foot wide easement through the block to provide for the crossing of under- ground utilities and pedestrian traffic where needed or desirable and may further specify, at its discretion, that a 4-foot wide paved foot path be included. The Planning Board shall require the proper maintenance of any such easement. Irregularly shaped blocks (including superblocks) indented byCul-de-sacs and contain- ing interior spaces will be acceptable when properly designed and coordinated with the overall Plat and when adequate provision for the maintenance and ownership of public areas is provided for. H. Intersections with Major Streets Minor or secondary street openings into a major street shall, in general, be at least 500 feet apart. I. Street Jogs Street jogs with center line offsets of less than one hundred and twenty-five (125) feet shall generally 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 Topography The street plan of a proposed subdivision shall bear a logical relationship to the topo- graphy of the property, and all streets shall be arranged so as to obtain as many of the building sites as possible at or above the grade of the streets. Grades of streets shall conform as closely as possible to the original topography. L. Other Required Streets Where a subdivision borders on or contains a railroad right-of-way of a major street right-of-way, the Flanning Board may require a street approximately parallel toandon each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land (as for park purposes in residential districts, or for commercial or in- dustrialpurposes in appropriatedistricts ). Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. -12- SECTION 3. STREET DESIGN A. Widths of Rights-of-Way Streets shall have the following widths (when not indicated on the Master Plan or Official Map, the classification of streets shall be determined by the Board) Minimum Type of Street Right of Way Major Streets 100 feet* Secondary or Collector Streets 80 feet* Minor Streets 50 feet Except when the Master Plan specifies a greater or lesser 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 conditions, such improvements as it considers may be omitted without jeopardy to the public health, safety and general welfare. Pedestrian easements shall be improved as required by the Planning Board. Such grading and improvements shall be approved as 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 re- pair 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. Utility Easements Where topography is such as to make impractical the inclusion of utilities within the street rights-of-way, perpetual unobstructed easements at least 20 feet in width shall. be otherwise provided with satisfactory access to the street. Wherever possible, ease- ments shall be continuous from block to block and shall present as few irregularities 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 a new street with an existing street) which is shown shaded on Sketch A shall be cleared of all growth (except isolated trees} and obstructions 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. -13- Une 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 mini- mum right-of-way radius of 50 feet and pavement radius of 40 feet. At the end of tem- porary dead end streets a temporary turnaround with a pavement radius of 40 feet shall be provided, unless the Planning Board approves an alternate arrangement. SECTION 3. STREET DESIGN G. Watercourses Where a watercourse separates a proposed street from abutting property, provision shall be made for access to all lots by means of culverts or other structures of design approved by the Town Superintendent of Highways. Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a storm water easement or drainage right-of-way as required by the Town Superintendent of Highways. Necessary drainage structures must be provided to receive all run off waters from natural drainage areas outside of the subject subdivision which will in any way tend to create a drainage problem within the subdivision area. rn ironti of areas zones ana aesignea for commercial use, or where a change of zon- ing to permit 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 district. SECTION 4. STREET NAMES A. Type of Name All streets shown on a Preliminary Layout or Subdivision 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). -14- SKETCH A B. Names to be Substantially Different Proposed street names shall be substantially different so as not to be confused in sound or spelling with present names except that streets that join or are in alignment with streets of an abutting or neighboring property shall bear the same name. Gen- erally, no street should change direction by more than 90 degrees without a change in street name. t ~r. 6 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 topo- graphy or other natural conditions. B. Side Lines All side lines of lots shall be at right angles to straight street lines and radial to curved street lines, unless a variation from this 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. ~. Driveway Access Where practicable, corner lots shall be so laid out that their driveways Dave 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 Superinten- dent 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 as the Town Superinten- dent of Highways may require, and their location shall be shown on the Subdivision Plat. SECTION 6. DRAINAGE IMPROVEMENTS A.. Removal of Spring and Surface Water The subdivider inay be required by the Planning Board to carry away by pipe or 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 feasible, or in perpetual unobstructed easements of appropriate width. . 13. Drainage 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 Highways shall approve the -15- 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. C. Land Subject to Flooding Land subject to flooding or land deemed by the Planning Board to be uninhabitable shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life or property, or aggravate the flood hazard, but such land with- in the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation. D. Drainage Requirements The subdivider shall be required to install the facilities for the drainage of streets and lots as required by the Town Superintendent of Highways. Such drainage facil- ities, including recharge basins, to be installed within the Plat area shall be construct- ed 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 con- dition until such time as the land is dedicated and released to the Town. All storm water must be returned to the soil, and under no condition should it be allowed to run-off into salt water. E. Fencing of Recharge Basins All recharge basins shall be fenced prio structed in accordance with requirements Superintendent of Highways. r to excavation. All fencing shall be con- and specifications available from the Town SECTION i. OTHER IMPROVEMENTS A. Sanitary Sewer Facilities and Sanitary Sewer Districts 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 san- itary sewers to the subdivision. E. Street Signs Street identification signs of a type approved by the Superintendent of Highways shall be provided by the subdivider and placed at all intersections in locations with- in the right-of-way approved by the Superintendent of Highways. C. Street Lighting Standards Where required by the Planning Board, street lighting standards of a design conform- ing to the Town specifications, shall be placed in a manner and location approved by the Town Superintendent of Highways. In the case of a subdivision involving a County or State Highway, approval shall be obtained from the appropriate highway agency. -i6- SECTION 8. PARKS, OPEN SPACES, SCHOOL 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 Official Map, or otherwise where it deems that such reservations would be appropriate. Each res- ervation shall be of suitable size, dimension, topography and general character, and shall have adequate road access, for the particular purposes envisioned by the Plan- ning Board. The area shall be shown and markedon 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) acres of recrea- tion area for every one hundred (100) families. B. Minimum Size of Park and Playground 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 recreation area be located at a suit- able place on the edge of the subdivision so that additional land may be added at such time as the adjoining land is subdivided. C. Recreation Sites 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 relative- ly level and dry. All land to be reserved for dedication to the Town for park pur- poses 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 re- serving other land for recreation purposes in addition to the requirements of this 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 reserva- tions on adjoining subdivisions, the Planning Board may waive the requirement for such reservations 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 as required by Amended Section 277 Town Law-1967 and separately identified to show the name and location of the subdivision for which the deposit was made. Such deposit shall be used by the Town for a neighborhood recreation area including the acquisition 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 Town 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 pro- posed for subdivision as determined by an independent appraiser retainedby cheTown. -17- F. School Sites Upon receipt from the School Board of a letter declaring their interest in a schoo) site of a specific size and location within a proposed subdivision, the Planning Board may require a subdivider to set aside such area. Upon the failure of the proper auth- orities 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 applica- tion, shall be relieved of the responsibility of showing such land for public purposes. G. Reserve Strips Prohibited Reserve strips of land, which might be used division to any neighboring property, or to shall be prohibited. to control access from the proposed sub- any land within the subdivision itself, H. Preservation of Natural Features The Planning Board shall, wherever possible, establish the preservation of all natural features which add value to residential developments and to the community, such as large trees or groves, water courses beaches, historic spots, vistas and similar irre- placeable assets. In general, all trees on the site, except those situated within pro- posed areas for building sites, driveways and utility lines, and for a distance of ten (10) feet therefrom, shall be preserved. Street Trees 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 pre- scribed by the Board. (See Superintendent of Highways). J. Streets Terminating at Tidewater All streets terminating at tidewater shall have a width of not less than 100 feet for 100 feet back from the main high water mark. All highways on waterfront property must have the same access to the water as above required. ARTICLE V DOCUMENTS TO BE SUBMITTED SECTION 1. SKETCH PLAN A. The sketch plan initially submitted to the Planning Board shall be based on the Town tax map at a scale of 1" equal 100'. 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 are as, streams and other significant physical fea- tures, within the area to be subdivided and within 200 feet thereof. Contours shall be indicated at intervals of not more than five (5) feet except for minor subdivi- sions where contours will only be required upon request of the Planning Board. Two foot contours may be required by the Planning Board where drainage prob- lems are deemed to exist. -18- (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, school district number and sheet number. (5) Location of available utilities and of proposed, mapped or existing streets. (6) The proposed lot and street layout, including recreation areas. Systems of drain- age, 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. SECTION 2. MINOR SUBDIVISION 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 information: (1) A copy of such covenants or deed restrictions as are intended to cover all or part of the tract. (2) An actual field survey of the boundary lines of the tract, giving complete descrip- tive 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 monuments as approved by the Town Engineer, and shall be refer- enced and shown on the Plat. (3) All sanitation and water supply facilities shall be designed to meet the specifica- tions of the County 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 point, map scale, name and address of record owner and sub- divider. (6) If this Plat is to be filed with the County Clerk it 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 twenty (20) inches to comply with Section 335 Real Property Law. SECTION 3. MAJOR SUBDIVISION: PRELIMINARY LAYOUT AND ACCOMPANY- ING DATA The following documents shall be submitted for Conditional Preliminary Layout Ap- proval: A. Six (6) 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 property. (3) Zoning District, including exact boundary lines of district, if more than one district. (4) All parcels of land proposed to be dedicated to public use and the conditions of such dedication. (5) Location of existing property lines, easements,buildings, water courses, marshes, rock outcrops, wooded areas, single trees with a diameter of 12" or more as measured 3 feet above the base of the trunk, and other significant existing fea- tures for the proposed subdivision and adjacent property. _lo_ (6) Location of existing sewers, water mains, culverts and drains, on the property with pipe sizes, grades 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 approximate 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 Pub- lic 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 basins. (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 character, width and depth of pavements and sub-base, the location of manholes, catch-basins and underground conduits. (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 de- scriptive 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 or concrete of such size as approved by the Town Superintendent of Highways, and shall be referenced and shown on the Plat. 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 (100) feet to the inch show- ing an outline of the platted area with its proposed streets and indication oftheprobable 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 holdings. 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 PLAT & 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. -20- 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 20 inches by 36 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 at the top of the map. When more than one sheet is required, an additional 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 title 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) 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 control points, to which all dimensions, angles, bearings, and similar data on the Plat shall be referred. (6) Boundaries of the property, building or set-back lines if greater than those re- quired in the zoning ordinance; lines of streets; lots; reservations; easements and areas to be dedicated to public use; large trees; groves and other natural features to be preserved; lengths and deflection angles of all straight lines; radi; lengths; central angles; long chords and tangent distances of all curves. All lengths shall be in feet and 100's of a foot, and all bearings 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) thottsand. (7) Computed area of all lots in square feet. (8) The location of all permanent monuments. (9) Proposed street names as directed by the Board, and section, block and lot num- bers as directed by the Town Assessor; and house numbers as directed by the Building Department. (10) Designation and purpose of all areas to be dedicated or reserved for public use and of any streets which are not to be dedicated. (11) Location, width, and purpose of all easements. (12) Proper form for the approval of the Planning Board with space for their signa- tures and other required officials. B. The original and one copy of deeds of cession to streets, rights-of-way, easements, 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 subdivision, including provisions for home-owner associations and property assess- ments if needed, all certified as to their Iegal 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, sanitary sewer and storm drain lines. E. One certified copy of the Water Company contract indicating that mains will be in- stalled and water will be transmitted to the subdivision, when available or required. -21- ARTICLE VI VARIANCES AND WAIVERS SECTION 1. VARIATION IN CASE OF HARDSHIP Where the Planning Board finds that extraordinary and unnecessary hardships may re- sult 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 varia- tions will not have the effect of nullifying the intent and purpose of the Official Map, the Master Plan, or the Zoning Ordinance, if such exist. SECTION 2. WAIVERS OF REQUIRED 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 inadequacy 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 conditions as will, in its judgment, secure substantially the objectives of the standards or require- ments so varied or modified. ARTICLE VII SEPARABILITY SECTION 1 Should any section or provision of the regulations contained herein or as amended here- after 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. -22-