Subdivision
Regulations - Article IV (Note:
This online version of the Town of Chester Subdivision
Regulations is for informational purposes only and may
not be the most up to date version available. Please ask
at the Town Hall for an Official Version.)
Subdivision
Regulations
ARTICLE IV - GENERAL REQUIREMENTS AND DESIGN STANDARDS
The following standards apply to both major and minor subdivisions as defined herein. In considering applications for subdivision of land, the Planning Board shall adhere to and be guided by the requirements and standards hereinafter set forth. Such standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article VI herein.
Section 4.01 GENERAL
A. Character of Land
Land to be subdivided shall be of such character that it can be used safely for building purposes or other uses without danger to health or peril from fire, flood or other menace, while minimizing impacts on existing natural or public resources. In addition, subdivision design shall preserve, insofar as is possible, the natural features, terrain and drainage of the land to be developed. Accordingly, proposed subdivisions which are to be located in areas denoted as having "moderate" or "severe" development limitations on the individual or composite Resource Limitation Maps on file in the Town offices shall be presumed to have significant problems requiring special design features or mitigating measures if such problems are to be satisfactorily overcome. In general, future uses upon land to be subdivided should be able to blend harmoniously with the surrounding topography, vegetation, and other natural features, and should avoid the need for costly land alternations or intricate engineering to overcome adverse site conditions.
B. Conformity to Official Map and Master Plan
Subdivisions shall conform to the Official Map of the Town, if any, and shall be in harmony with the Comprehensive Plan.
C. Specifications for Required Improvements
All required improvements shall be constructed or installed in accordance with Town specifications, which may be obtained from the Planning Board.
Section 4.02 Layout of Streets and Roads
A. Relationship to Topography and Other Natural Features
All streets and roads shall be logically related to the existing topography, soils, vegetation, and other natural features and shall be coordinated into a logical and efficient system. Installation of utility distribution and service lines shall be planned at the time road layout is determined. For these purposes, areas with steep slopes, shallow soils, soils with a water table at or near the surface, and soils that are highly susceptible to erosion or slippage shall be avoided insofar as practical.
All roads shall be arranged so as to obtain a maximum number of building sites at or above the grade of the roads. Grades of roads shall conform as closely as possible to the original topography, except that in all cases the provisions concerning road grades in paragraph B of Section 3 of this article shall be observed.
B. Stream Crossings and Slope Traverses
Road layout shall minimize stream crossings and shall avoid traversing slopes exceeding 25 percent measured perpendicular to the road.
C. Road Intersections
In general, all streets and roads shall intersect so that for a distance of at least 100 feet each street is approximately at right angles to the street it joins. Minor or secondary road
intersections with collector or major roads shall be separated by at least 200 feet, but in no case by less than the stopping sight distance corresponding to the legal speed limit.
D. Special Treatment Along Major Streets
When a subdivision abuts or contains an existing or proposed major street, the Board may require marginal access 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 necessary for adequate protection of residential properties and to afford separation of through and local traffic.
E. Minor Streets
Minor streets shall be laid out so that their use by through traffic will be discouraged
F. Dead-End Streets
Dead-end or loop residential streets will be permitted wherever the Board finds that such type of development will not interfere with normal traffic circulation in the area. In the case of dead-end streets, the Board may require the reservation of a 20-foot wide easement to provide for continuation of pedestrian traffic and utilities to the next street, when the Board in its discretion feels such easement is necessary or desirable. Where possible and desirable, subdivisions containing 20 lots or more shall have at least two street connections with existing
public streets, or streets shown on the Official Map, if such exists, or streets on an approved Subdivision Plat for which a bond or security has been filed.
G. Provision for Continuation or Projection of Certain Streets
The arrangement of streets in the subdivision shall provide for the continuation of principal streets of adjoining subdivisions, and for proper projection of principal streets into adjoining properties which are not yet subdivided, in order to make possible necessary fire protection, movement of traffic and the construction or extension, presently or when later required, of needed utilities and public services such as sewers, water and drainage facilities. Where, in the opinion of the Planning Board, topographic or other conditions make such continuation or projection undesirable or impracticable, this requirement may be modified.
H. Provision for Future Resubdivision
Where a tract is subdivided into lots two or more times as large as 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 Regulations and the Zoning Ordinance.
I. Service Streets or Loading Space for Commercial Development
Paved rear streets of not less than 18 feet in width, or in lieu thereof, adequate and suitably surfaced off-street loading space, shall be provided in connection with lots designed for commercial use, in addition to any off-street parking requirements contained in the Zoning Ordinance.
J. Other Required Streets
Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the Planning Board may require a street approximately parallel to andon each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land (as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts). Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
Section 4.03 Design and Construction of Streets, Roads and Utilities
A. Rights-of-way, Surface Widths, and Basic Surfacing
All subdivision roads having 25 or more lots per mile of road or serving 25 lots or more (in each case including lots on both sides of the road) shall have as a minimum a 50-foot right-of-way, a 12-inch thick crowned compacted gravel base, a driving width of 18 feet, and 4-foot wide shoulders. Subdivision roads having less than 25 lots per mile or road or serving less than 25 lots (in each case including lots on both sides of the road) shall have as a minimum a 50-foot right-of-way, a 12-inch thick crowned compacted gravel base, a driving width of 16 feet, and 2-foot wide shoulders. Provided that, in areas for which a commercial use is planned, the above-mentioned driving widths shall be increased by such amount as may be deemed necessary by the Planning 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 area.
All street right-of-way lines at intersections shall be rounded by curves of at least 20 feet radius and curbs, if any, shall be adjusted accordingly.
B. Grades
Road grades shall conform in general to the terrain, but shall not exceed a 12% average grade over any 150 foot length, nor a 15 percent average grade over any 150 foot length, and in no case shall exceed more than 3 percent within 50 feet of any intersection.
C. All-Weather Surfacing of Certain Road Sections
For subdivision roads having 25 or more lots per mile of road or serving 25 or more lots, sections of those roads with grades exceeding 10 percent over any length shall be treated with stabilizing compounds to provide a durable all-weather driving surface.
D. Horizontal and Vertical Alignment of Roads
Horizontal and vertical alignment of roads, that is, curve radii and changes in grade respectively, shall be based upon design speeds of not less than 25 m.p.h. and the corresponding minimum stopping distance, except that for roads having less than 25 lots per mile of road or serving less than 25 lots (in each case including lots on both sides of the road) the stated velocity may be reduced to 15 miles per hour.
E. Road Ditches and Drainage Culverts
Finished grades of all road ditches shall be a minimum of one and one-half (11A) feet below the center of the road surfaces. Road ditches shall be designed to have a minimum hydraulic capacity equal to the peak runoff rate from a five-year, 24-hour rainfall. Drainage culverts shall be adequately sized and located so as to maintain pre-construction surface drainage patterns prior to construction provided such patterns were acceptable prior to construction.
F. Hydraulic Capacities of Bridges and Culverts
Stream crossings shall be roughly at right angles, and bridges or culverts shall be designed to accommodate the peak runoff rate from:
1.A 10-year, 24-hour rainfall if the contributing drainage area is one square mile or less,
2.A 25-year, 24-hour rainfall if the contributing drainage area is between one and four square miles, or
3.A 100-year, 24-hour rainfall if the contributing drainage area is more than four square miles.
Cut and Fill Slopes
Fill slopes shall not be steeper than 2 horizontal on 1 vertical (2:1). Cut slopes shall not be steeper than 2:1 on coarse sand and gravel soils, 2-1/2:1 in fine sand and silty sand, 3:1 in sandy silt, 4:1 in silt, sandy clay, or clay. If internal drainage measures and/or lateral structural support is provided by the subdivision for wet soil conditions or fine grained soils, the slopes may be steeper in accordance with design analysis.
H. Use of Road Fill
All areas to be filled for road construction shall be cleared and grubbed prior to placement of fill. Clearing and grubbing shall consist of removal of all woody vegetation consisting of trees, fallen trees, logs, and brush. All fills shall be compacted to provide stability of material and to prevent undue settlement.
I. Dead-End Roads
Dead-end roads shall have pull-offs and turn-arounds at intervals of not more than one-quarter mile in strongly rolling to mountainous terrain and not more than one-half mile in flat to gently rolling terrain. Dead-end roads should terminate in a circular turn-around having a minimum right-of-way radius of 60 feet and pavement radius of 50 feet. At the end of temporary dead-end roads, a temporary turn-around with a pavement radius of 50 feet shall be provided, unless the Planning Board approves a different arrangement.
J. Watercourses
Where a watercourse separates a proposed street from abutting property, provision shall be made for access to all lots, by the utilization of culverts or other structures of design approved by the Planning Board.
K. Clearing and Grading for Roads and Utilities: Placement of Utilities; Construction of Roads and Installation of Utilities
1. Clearing and grading for road and utility installations shall be limited to that which is necessary to construct safe roads, provide needed roadside and embankment drainage, construct stable cuts and fills and provide for utility installation. The typical clearing and grading cross-sections shown in Appendix D of these regulations shall be used as a design guide for the subdivider and a review guide for the Planning Board. The subdivider shall employ an appropriate typical clearing and grading cross-section from that appendix, and where utilities are to be undergrounded, those utilities shall be placed in accordance with such cross-section. Provided that, the Planning Board in its discretion may require or allow for different construction of roads or placement of underground utilities, considering among others the following factors:
a. The extent and nature of existing vegetation.
b. Topographic and geologic conditions, including unstable soils.
c. Potential visual impact.
d. The possibility of future relocation of utility lines necessitated by pavement widening or other reasons.
Clearing and grading for roads, water, sewer, electric, telephone, natural gas or cable television distribution lines shall be as shown on the final grading plans for the project.
2. The construction of roads and the installation of utilities should be planned sequentially, so that construction operations do not conflict and so that subsequent construction operations do not interfere with or destroy completed work. For this purpose, installation of community sewer and water lines, if proposed, shall be done prior to the installation of underground electric, telephone, natural gas or cable television distribution lines. When electric, telephone, natural gas or cable television distribution lines are to be located underground, sewer and water stubs for individual or group service shall extend at least two (2) feet beyond underground utility easements into private property.
3. Transformer pads or mounts for distribution of electric, telephone, natural gas, or cable television to service radials shall be located to the maximum amount possible within +he private portion of the utility limit of clearing, utilizing the lot area adjoining private portion of the limit of clearing to the extent necessary, or adjoining the limit of clearing where there is no such private portion. Such pads or mounts shall be located as close as practical to the property line dividing adjoining lots.
L. Revegetation
All cleared areas associated with the construction of roads and installation of utilities (excluding those areas comprising road surfaces or shoulders), all exposed borrow areas, and all cut and fill slopes including ditch banks, shall be successfully vegetated to grasses or legumes that are suited to site conditions or as specified in Section 4 of this Article and Appendix E of these regulations. Ditch bottoms shall be constructed and maintained to minimize soil erosion during periods of design flow, by means of revegetation, sodding, mulching, netting, stone paving, rip-rap, and other materials or combinations of these, depending on hydraulics and soil properties.
Section 4.04 Revegetation of Disturbed Soil Areas
A. Applicability and Compliance
Areas on which vegetation has been destroyed or removed, excluding areas proposed for road surfaces or shoulders, driveways, building sites or parking lots, shall be successfully revegetated or otherwise stabilized with structural measures to minimize the potential for soil erosion as soon as practicable. Revegetation measures and efforts shall be evaluated by visual inspection which shall include identification and measurement of the actual condition of new healthy vegetation. Such evaluation shall be made not sooner than one hundred and eighty (180) calendar days from the date of planting. Evaluation and determination of compliance with this standard shall be made within three hundred and sixty (360) calendar days from the date of planting. Failure on the part of the Planning Board or a designee thereof to make such evaluation and determination of compliance shall relieve the subdivider of any obligation under this section. Corrective action shall be instituted and completed within fifteen (15) working days upon determination of unsatisfactory compliance with this section. In making any determination required by this section, the Planning Board or its designee shall consider significant rills, gullies, loss of mulch, loss of seed, or failure of seed germination as evidence of unsatisfactory compliance herewith.
B. Staging of Revegetation Operations
Construction operations requiring revegetation of an aggregate area larger than twenty thousand (20,000) square feet should generally be done in stages, each stage consisting of no more than twenty thousand (20,000) square feet of surface area.
C. Timing of Operations
Upon completion of final grading of any area, revegetation operations shall begin within five (5) working days and shall be completed within ten (10) working days, provided however, that where this is not possible or desirable because of weather conditions or other circumstances, such revegetation operations shall be performed as soon as reasonably possible. In the event that more than five (5) working days shall elapse between any consecutive construction operations that materially disturb the soil, such areas shall be adequately mulched or otherwise stabilized with structural measures within five (5) working days of disturbance and shall be completed within ten (10) working days to minimize the potential for soil erosion.
Section 4.05 Street Names
A. Type of Name
All street names shown on a Subdivision Plat shall be subject to approval by the Planning Board. In general, streets shall have names and not numbers or letters.
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 street 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 without a change in street name, except for residential loop streets.
Section 4.06 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, access or other existing physical or biological conditions. Except where Article Ill, Section 3.05 of these regulations is being utilized, lots shall meet or exceed the minimum lot area, minimum lot width, and minimum shoreline lot width requirements of the Zoning Ordinance for the zoning district(s) involved.
B. Side Lines
Side lines of lots shall be generally at right angles to straight street lines and radial to curved street lines, unless a different alignment will give a better street or lot plan.
C. Corner Lots
In general, corner lots should be larger than interior lots to provide for proper building setback from each street and provide a desirable building site.
D. Driveway Access
Driveway access and grades shall conform in general to the terrain, but shall not exceed a 12% grade over any 150 foot length, shall not exceed 15% over any lengths, and shall not exceed 3% within fifty feet of the street pavement or driving surface, as measured along the center line of the driveway.
E. Access By Means of Private Rights-of-Way
Access to more than three lots by means of a private right-of-way shall be deemed acceptable only if such right-of-way is designed and improved in accordance with Sections 2 and 3ofthis article.
F. Monuments and Lot Corner Markers
Permanent monuments meeting Town specifications 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 Planning Board may require, and their location shall be shown on the Subdivision Plat.
G. Pre-existing Shorefront Access Lots and Pending Subdivision Application
1. The requirements of Section 7.02 of the Zoning Ordinance shall not apply to waterfront access lots created prior to July 20, 1985 or to waterfront access lots shown upon subdivision applications pending before the Town of Chester Planning Board on July 20,1985. The pre-July 10, 1985 waterfront access provisions shall control any development on preexisting waterfront access lots and subdivision applications pending on July 10,1985.
2. If at this time, any subdivision has not been materially completed, 67% or more, at the time of the passage of the Zoning Ordinance, then the application will no longer be considered open and active. A new application would be required subject to the Zoning Ordinance.
3. Lots having substandard area and frontage. In any District where dwellings are permitted, a lot having less than the minimum area and lot frontage prescribed in the District in which it is situated and corresponding in location and area with a recorded lot on a plat or deed recorded in the land records of Warren County prior to the effective date of the Zoning Ordinance may be used for dwelling purposes, subject to approval by the NYS Department of health where public or private community water supply and distribution systems and public or private community sewerage are available, and provided further that where there are two or more adjoining lots in the same ownership which, by subdivision, could be designated to meet or better approach the minimum area and frontage requirements for the District in which the lots are situated, the owner thereof shall be required to resubdivide his lots so as to avoid or minimize substandard development.
Section 4.07 Drainage Improvements
A. Removal of Spring and Surface Water
Except where a wetland is involved as defined in the Zoning Ordinance, the Planning Board may require the subdivider to carry away by pipe or open ditch any spring or surface water that may exist either previous to, or as 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.
B. Storm Water Easements or Drainage Rights-of-Way
Where a subdivision is traversed by a watercourse, drainage way, channel or stream, a stormwater easement or drainage right-of-way shall be provided as required by the Planning Board, but in no event less than 50 feet in width.
C. Drainage Structure to Accommodate Potential Development Upstream
Any culvert or other drainage facility shall be large enough to accommodate the peak runoff rate from its entire upstream drainage area, whether inside or outside the subdivision under conditions of total potential development permitted by the Zoning Ordinance in such contributing drainage area, of:
1.A 10-year, 24-hour rainfall if the contributing drainage area is one square mile or less
2.A 25-year, 24-hour rainfall if the contributing area is between one and four square miles or
3.A 100-year, 24-hour rainfall if the contributing drainage area is more than four square miles
D. Responsibility For Drainage Downstream
The subdivider shall also furnish a study of the effect of the subdivision on the existing downstream drainage facilities outside the area of the subdivision. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility within the Town during a ten-year storm, the Planning Board shall notify the Town Board of such potential condition. In such case, the Planning Board shall not approve the subdivision until provision has been made for the alleviation of said condition.
E. Land Within the Floodway Special Zoning District
Land within the floodway special zoning district shall not be platted for residential occupancy, nor for any other uses which are non-permissible under the Zoning Ordinance.
Section 4.08 Parks, Open Spaces and Natural Features
A. Recreation Areas Shown on Town Plan
Where a proposed park, playground or open space shown on the Town plan is located in whole or in part in a subdivision, the Board shall require that such area or areas be shown on the Plat in accordance with the requirements specified in paragraph (B) below. Such area or areas may be dedicated to the Town or County by the subdivider if the Town Board or County, respectively, approve such dedication.
B. Parks and Playgrounds Not Shown on Town Plan
If a Major Subdivision Plat containing residential units shows sites of a character, extent, and location suitable for a park, playground, or other open space area, not less than ten (10) percent of the total area of the subdivision shall be provided for such purposes. However, land for park, playground or other recreational purposes may not be required until the Planning board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular subdivision plat will contribute. The Planning Board in its discretion may require that the developer satisfactorily grade or improve any such recreation or open space areas shown on the Plat. Such area or areas may be dedicated to the Town by the subdivider if the Town Board approves such dedication. Appropriate legal measures should be taken to assure that such land can never be developed for other than recreational or open space purposes.
C. Information to be Submitted
In the event that an area to be used for recreational or open space purposes is required to be so shown, the subdivider shall submit, prior to final approval, to the Board, three prints drawn in ink showing, at a scale of not less than thirty (30) feet to the inch, such area and the following features thereof:
1.The boundaries of the said area, giving lengths and bearings of all straight lines; radii, lengths, central angles and tangent distances of all curves.
2.Existing features such as brooks, ponds, clusters of trees, rock outcrops, structures.
3. Existing, and, if applicable, proposed changes in grade and contours of the area in question and of the area immediately adjacent.
4.Plans for recreational facilities or equipment, if any.
D. Waiver of Plat Designation of Area for Park and Playgrounds
In cases where the Planning Board finds that due to the size, topography, or location of the subdivision, land for park, playground or other recreational or open space purpose cannot be properly located therein, the Board may waive the requirement that the Plat show land for such
purposes. The Board may then require as a condition to approval of the Plan a payment to the Town of Chester a sum of money in an amount determined by the Town Board.
Such amount shall be paid to the Town Board at the time of final Plat approval, and no Plat shall be signed by the authorized officer of the Planning Board until such payment is made. All such payments shall be held by the Town Board in a special Town Recreation Site Acquisition and Improvement Fund to be used for the acquisition of land that (a) is suitable for permanent park, playground or other recreational or open space purposes, and (b) is so located that if possible it will serve primarily the general neighborhood in which the land covered by the Plat lies, and (c) shall be used only for park, playground or other recreational or open space land acquisition or improvements. Such money may also be used for the physical improvement of existing parks or recreation areas serving the general neighborhood in which the land shown on the Plat is situated.
E. Preservation of Natural Features
The subdivider shall, wherever possible, provide for the preservation of all natural features which add value to residential developments and to the community, such as large trees or unusual groves of trees, water courses and waterfalls, beaches, historic spots, and scenic vistas.
Section 4.09 Regional Subdivisions
A. Applicability of This Section
When a proposed subdivision is a regional subdivision, the provisions of this section shall apply in addition to all other provisions of these regulations. For the purpose of these regulations, if a subdivision constitutes both a Class B regional subdivision and a Class A regional subdivision, it shall be deemed a Class A regional subdivision in its entirety.
B. Special Requirement for Approval of Class BRegional Subdivisions
When a proposed subdivision is a Class B regional subdivision, the Planning Board shall not render approval or conditional approval under Article Ill, Section 2 (F) hereof, nor shall the board render approval or approval with modifications under Article III, Section 3 (F) hereof, unless the Board first determines that the subdivision would not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the Town or the Adirondack Park or upon the ability of the public to provide supporting facilities and services made necessary by the subdivision taking into account the commercial, industrial, residential, recreational or other benefits that might be derived from the subdivision. In making this determination, the Planning Board shall consider those factors pertinent to the subdivision contained in the development considerations set forth at Appendix C hereof, and in so doing, the Planning Board shall be guided by the development objectives and general guidelines set forth at paragraph F of this Section.
When the Planning Board renders final approval of a Class B regional subdivision under Article Ill, Section (2)(F) or (4)(F), the Board shall issue a permit authorizing the subdivider to undertake the subdivision in accordance with any terms and conditions set forth therein. The Planning Board, in conjunction with its approval of any Class B regional subdivision, may impose such requirements and conditions as are allowable within the proper exercise of the police power, including the restriction of land against further development of principal buildings, whether by deed restriction restrictive covenant or other similar appropriate means, to insure that guidelines as to intensity of development as provided in the zoning ordinance shall be respected, and the imposition of reasonable conditions to insure that the subdivision will be adequately supported by services and improvements made necessary thereby and to insure that the subdivision will be completed in accordance with the terms of the approval and permit. In addition, the Planning Board may incorporate any such requirements and conditions in the permit issued with regard to such Class B regional subdivision.
C. Special Additional Procedures Regarding Class B Regional Subdivisions
When a proposed subdivision is a Class B regional subdivision, within ten (10) days following receipt of a completed application under Article Ill, Section 2 (A) or Article Ill, Section 3 (A), the Planning Board shall furnish the Adirondack Park Agency a copy of the application and Plat together with such further pertinent information as the Agency may deem necessary. The Planning Board shall also mail a copy of the notice of public hearing on the subdivision to the Agency at least five (5) days before such hearing. The Agency shall be a full party in interest with standing to participate in the hearing and other proceedings pursuant to this section relative to Class B regional subdivisions.
D. Criteria and Certain Procedures for Adirondack Park Agency Review of Class A Regional Subdivisions
1. The Adirondack Park Agency's review of Class A regional subdivisions within the territory of the Town pursuant to and in accordance with Section 809(9) of the Adirondack Park Agency Act, shall be governed by the criteria and certain procedures set forth below, as well as those set forth in the Act and the applicable Agency Rules and Regulations.
2. As soon as reasonably practicable following receipt by the Planning Board from the Adirondack Park Agency of notice of application completion with regard to a Class A regional subdivision the Planning Board or one or more designees thereof shall consult with the Agency for the purpose of analyzing the application and formulating advisory recommendations as to whether the subdivision meets all of the pertinent requirements and conditions of the Town land use program including the Zoning Ordinance, Subdivision Regulations and Sanitary Sewer Disposal Ordinance. Not later than thirty (30) days following receipt by the Planning Board from the Agency of such notice of application completion with regard to a Class A regional subdivision, or such shorter period as may be agreed upon in writing by the Agency and the Town, the Planning Board shall, by certified mail, provide to the Agency its advisory recommendations as to whether the subdivision meets all of the pertinent requirements and conditions of the Town land use program.
E. Establishment of Joint Procedures with the Adirondack Park Agency for Review of Class ARegional Subdivisions
The Planning Board may establish whatever joint procedures with the Adirondack Park Agency for review of Class A regional subdivision which the Board in its discretion deems desirable to minimize duplication and generally expedite the review process.
F. Development Objectives for Use in Review of Regional Subdivisions
1. The principal natural and public resource aspects of a proposed subdivision site to be considered in connection with the determination required by Paragraph B of this Section, together with representative means for avoiding undue adverse impact thereupon include the following:
(a) Soils
(i) Soils, General
Objective: Prevent accelerated soil erosion and the potential for earth slippage.
General Guideline: Respect existing natural features such as slope, soil texture and structure; minimize removal or vegetative cover; rapidly revegetate cleared areas; limit cuts and fills; and employ such erosion control devices and measures as are necessary to promptly stabilize slopes and surfaces and to control runoff.
(ii) Agricultural Soils
Objective: Conserve viable agriculture soils.
General Guideline: Avoid activities on Class I and Class II agricultural soils presently in agricultural service which would diminish or preclude continuing use for agricultural purposes.
(b) Topography
Objective: Minimize topographic alterations.
General Guideline: Minimize excavation, cuts and fills and site grading by employing to advantage existing topographic features and avoid development activities on steep slopes where environmental damage and costly development problems could result therefrom.
(c) Surface Waters
(i) Water Quality and Eutrophication
Objective: Maintain or enhance existing physical, chemical and biological water quality characteristics and prevent any undue acceleration of existing rates of eutrophication of bodies of water.
General Guideline: Maintain wide buffer strips of natural vegetation bordering waterbodies; minimize channel disturbance and
alterations; preserve shoreline vegetation; minimize hydrologic changes which would result from damming or impounding; avoid introduction of nutrients from the use of fertilizers and from sewage effluent; and avoid introduction of toxic materials to waterbodies.
(ii) Surface Drainage
Objective: Retain existing surface water drainage and runoff patterns and existing flow characteristics.
General Guideline: Minimize alterations to existing drainage patterns and drainage courses; preserve drainageways in their natural state; and provide where necessary, natural ponding areas and other measures designed to provide natural retention of storm water run-off if development includes a significant area of impervious surface.
(iii) Flood Plains
Objective: Maintain the storage capacity of flood plains and their existing ability to convey water downstream; and avoid activities in flood plains which will result in dangers to life, safety and property if subjected to flooding.
General Guideilne: Avoid the placement of buildings intended for human habitation, commercial use and industrial use within flood plains; avoid the use of fill to create elevated sites.
(d) Ground Water
Objective: Preserve quality, infiltration rate, and levels of ground water.
General Guideline: Comply at a minimum with applicable governmental water pollutant discharge restrictions; particularly avoid discharges of effluent potentially degrading to ground water quality in proximity to major aquifers and aquifer recharge areas; and avoid impairment of aquifer recharge areas which could result from covering them with impervious surfaces.
(e) Shorelines
Objective: Maintain or enhance the existing physical, biological and aesthetic characteristics of the shoreline of all lakes, ponds, rivers and streams.
General Guideline: Comply at a minimum with applicable governmental shoreline restrictions, minimize construction or development of any kind near or on the shorelines; avoid physical modifications of the shorelines themselves; minimize the removal of vegetation along shorelines; locate buildings so as to be partially screened from the shorelines by natural vegetation; maximize the preservation of stretches of shoreline in a natural, unchanged and undeveloped state.
(f) Mineral Resources
Objective: Conserve existing known mineral resources.
General Guideline: Avoid activities which would preclude present or future use of important mineral resources that may be of economic significance to the region.
(g) Air Quality
Objective: Maintain or enhance existing air quality.
General Guideline: Adhere to applicable governmental air quality standards; provide adequate air pollution abatement devices; and reduce dust levels caused by construction activities.
(h) Noise Levels
Objective: Limit additions to noise levels.
General Guideline: Adhere at a minimum to applicable governmental noi3e level standards; utilize noise abatement equipment; and maintain natural buffers such as existing topographic relief and vegetation.
(i) Wetlands
Objective: Preserve the hydrologic, wildlife, vegetation, aesthetic, educational, open space and recreational values of wetlands.
General Guideline: Avoid development in marshes, bogs, swamps and periodically inundated lands or on lands immediately adjacent thereto if such development could result in environmental damage to the marsh, bog, swamp or periodically inundated land.
(j) Aquatic Communities
Objective: Protect generally the existing natural aquatic plant and animal communities and preserve rare and endangered aquatic plant and animal species.
General Guideline: Preserve key spawning areas, nursery grounds, food sources and food source areas; preserve habitats of rare and endangered plant and animal species; maintain adjacent vegetated areas generally as habitats and buffer zones; minimize shoreline alterations such as beach construction and emplacement of docks, rafts, boat launching facilities, and breakwaters; and avoid introduction of toxic materials and nutrients to waterbodies.
(k) Terrestrial Vegetation
(i) Vegetation, General
Objective: Preserve or quickly restore terrestrial vegetation.
General Guideline: Minimize clearing of vegetation in light of development objectives; avoid clearing vegetation where damage will result to remaining vegetation from such factors as wind, erosion and frost; and protect remaining vegetation during the construction period.
(ii) Rare and Endangered Terrestrial Plant Species Objective: Preserve rare and endangered terrestrial plant species.
General Guideline: Locate development and other intensive human activities so as to protect the location and habitats of rare and endangered plant species and allow for the continuing propagation of these species.
(iii) Productive Commercial Forest Land
Objective: Conserve productive forest lands.
General Guideline: Avoid impairment of productive forest lands for commercial forest production by employing sound forestry practices and by employing such planning techniques as clustering of development
(I) Fragile Ecosvstems at Higher Elevations
Objective: Minimize disturbance of fragile ecosystems at higher elevations.
General Guideline: Avoid development at elevations of 1,400 feet or more.
(m) Terrestrial Wildlife
Terrestrial Wildlife, General
Objective: Maximize the preservation of terrestrial wildlife species.
General Guideline: Preserve key wildlife habitats, such as deer wintering yards, nesting areas, productive feeding areas, wildlife travel corridors and important vegetation transition areas; and maintain wildlife diversity to the extent possible in view of project objectives by maintaining a diversity of habitat.
(ii) Rare and Endangered Terrestrial Wildlife Species
Objective: Preserve rare and endangered terrestrial wildlife species.
General Guideline: Locate development and other intensive human activities so as to protect the location and habitats of rare and endangered terrestrial wildlife species and allow for the continuing propagation of these species.
(n) Aesthetics
(i) Aesthetics, General
Objective: Preserve and enhance, where possible, impact of the project upon the existing aesthetic qualities of the project site and its environs.
General Guideline: Utilize existing vegetation and topographical features, and employ careful siting methods so as to minimize the visual impact of all development activities.
(ii) Scenic Vistas
Objective: Maintain the scenic qualities of views from vistas
designated in the Adirondack Park State Land Master Plan. General Guideline: Avoid visibility of buildings and other development and land use alternations generally from vistas by employment of vegetative screening, existing topography, and careful siting methods.
(iii) Travel Corridors
Objective: Preserve the scenic qualities of views from public roads and trails and from boats and canoe routes.
General Guideline: Employ vegetative screening, existing topography, and careful siting methods to minimize the visual impact of buildings and other development and land use alterations.
(o) Open Space
(i) Open Space, General
Objective: Maintain the open space character of the project site, adjacent land, and surrounding areas.
General Guideline: Preserve vegetative screening and existing topography and employ clustering and careful siting methods where appropriate to minimize the impact of development activities and land use alterations on open space; and preserve undeveloped areas as large as possible in view of project objectives.
(ii) Outdoor Recreation
Objective: Maintain the quality and availability of land for outdoor and open space recreational purposes.
General Guideline: Provide on the project site sufficient open space areas for outdoor recreational use by those persons who will use the proposed project, taking into account the existing recreational resources available in the area; and locate buildings and other development so as not to interfere with those areas to be used as hiking, bicycling, and cross-country skiing trails as well as trail bike, jeep, all-terrain vehicle and horse trails, play grounds, picnic areas, campgrounds, parks, beaches, and similar uses.
(p) Adjoining and Nearby Land Uses
(i) Surrounding Land Uses, General
Objective: Minimize incompatibility of new development with the character of adjoining and nearby land uses.
General Guideline: Take into account the existing and potential land uses in the vicinity of the project site in determining what new land use activities are suitable for the project site; avoid new intensive development in open space areas; and avoid substantially altering existing residential and other land use patterns.
(ii) Adjacent State Land
Objective: Preserve the wild and natural character of adjacent
State lands designated as Wilderness, Primitive, or Canoe by the
Adirondack Park State Land Master Plan.
General Guideline: Minimize development activities which would materially impair the wilderness attributes of these State lands; design and construct development that is located within one-eighth mile of these State lands so as to minimize its visual and audile impact in these wilderness-like areas, thereby insuring the continued compatibility of State and private types of ownership.
(q) Wild. Scenic. and Recreational Study Rivers
Objective: Protect or enhance the natural qualities of any river designated to be studied for possible inclusion in the State's Wild, Scenic and Recreational River System.
General Guideline: Maintain buffer zones and existing vegetation along designated study rivers; avoid intensive development within one-quarter mile of such rivers; minimize alterations to such rivers and their banks; and preserve the free-flowing character of such rivers.
(r) Historic Sites
Objective: Protect archeological sites, historic sites, and unique historical structures for their educational and cultural value to the area, region or State.
General Guideline: Preserve and restore archeological sites, historic sites, and unique historic structures to the extent warranted by their respective significance; avoid land uses and development on adjoining and nearby lands which would be incompatible with the significance of such sites and structures.
(s) Special Interest Areas
Objective: Preserve special interest areas such as unique natural features and their surrounding environs.
General Guideline: Avoid physical and aesthetic alteration and impairment of the natural condition of unique physical features such as gorges, waterfalls and interesting geological formations provide for their continuing protection; utilize these special interest areas as assets to development.
(t) Government Considerations
(i) Service and Finance
Objective: Fully explore and assure the ability of government to provide governmental services and facilities made necessary by the project.
General Guideline: Phase development activities to a level commensurate with the financial capability of the various levels of government to provide the governmental services and facilities that will be generated by the development, such as transportation systems, schools, health care, sewage and solid waste disposal systems, water supply Systems, and fire and police protection; require that as nearly as possible, the balance between the cost of public services required to adequately serve the development as compared with the anticipated tax and other revenues to be
generated by the development be favorable at each level of government or taxing jurisdiction affected by the project; and include in development plans provisions to maintain or improve existing services and alleviate any potential adverse impact upon the ability of the government to provide services and facilities.
(u)Regulation
Objective: Conform development activities to all applicable governmental rules and regulations.
General Guideline: Comply with all applicable ordinances, rules and regulations of all governmental agencies with responsibilities for such activities, including those of towns and villages, counties, the State Departments of Health and Environmental Conservation, and the Adirondack Park Agency.
(v)Public Utilities and Community Resources
Objective: Assure the adequacy of such public utility services and community resources as shall be necessary for the project.
General Guideline: Avoid excessive demands on the capabilities of public utilities such as electricity and communication services; and avoid necessity for major uncompensated increases in community services and activities such as recreational facilities, social, cultural and health services, and transportation facilities.
2. The principal development activities associated with a subdivision to be considered in connection with the determination required by Paragraph B of this Section, together with representative means for avoiding undue adverse impact include the following:
(a) Streets and Roads
Objective: Design and construct roads and streets to provide sage and convenient access without causing undue adverse impacts on natural and public resources.
General Guideline: Conform street and road alignments with existing topography and vegetation; avoid steep slopes, abrupt curves and excessive cuts and fills; provide adequate road surfacing and road bed drainage; preserve existing drainage patterns; and design streets and roads so as to minimize the impacts of construction and maintenance practices.
(b) Siting and Construction of Buildings
Objective: Design, site and construct buildings to best serve their intended functions and to minimize impact on existing natural and public resources.
General Guideline: Blend buildings with existing topography and their surrounding environs; avoid complex and costly engineering solutions of site problems with potentially excessive environmental impacts.
(c) Sewage Disposal
Objective: Select, design and locate sewage disposal systems to provide adequate treatment of effluent and to avoid contamination of surface or ground water.
General Guideline: Comply with all State and local health standards, adhere at a minimum to the Adirondack Park Agency Act's setback requirements for waterbodies; employ proven design criteria for sewage disposal systems in proper working order.
(d) Storm Drainage
Objective: Design, locate and construct storm drainage systems so as to maintain existing drainage volume and patterns in a natural state and to minimize adverse hydrologic effects.
General Guideline: Provide adequate drainage for building sites and roads; avoid altering drainage patterns to the extent possible; utilize natural drainageways for handling storm water runoff and preserve all natural surface water retention areas such as wetlands, bogs and marshes; and minimize runoff by such other methods as preserving vegetative cover and avoiding the creation of unnecessary or extensive impervious surfaces.
(e) Water Supply
Objective: Locate, design and construct water supply systems so as to provide an adequate supply of potable water without adversely affecting existing water usage patterns or creating adverse effects with regard to aquifers and subsurface drainage patterns.
General Guideline: Comply with all State and local health standards with regard to the design, location, construction and maintenance of water supply systems.
(f) Solid Waste Disposal
Objective: Provide for the storage, collection, transportation and disposal of solid waste in a manner which will minimize air, water, and visual pollution and in a manner which will not create hazards to the health and welfare of people or wildlife.
General Guideline: Comply with all applicable State and local standards for the disposal of solid waste; utilize community solid waste disposal areas and recycling facilities; adequately screen disposal areas; locate disposal areas on deep, moderately permeable, well-drained soils and at sufficient distances from waterbodies so as to prevent contamination thereof; and avoid locating disposal areas on steep slopes.
(g) Pesticides and Herbicides
Objective: Avoid all uses of pesticides, herbicides and other biocides potentially detrimental to natural systems.
General Guideline: Strictly adhere to applicable regulations regarding type, quantity and techniques of application of pesticides, herbicides and other biocides; and prevent direct application of pesticides, herbicides and other biocides to surface waters or wetlands or in a manner which may cause contamination thereto.
(h) Shoreline Development
Objective: Design and construct development along shorelines so as to maintain existing aesthetic and ecological characteristics thereof and to avoid all significant impairment of these qualities.
General Guideline: Adhere at a minimum to the shoreline restrictions of the Adirondack Park Agency Act and the provisions of the Environmental Conservation Law and all local laws maximize preservation of undeveloped shorelines by such methods as clustering and preservation of shoreline vegetation;
minimize construction of docks and boathouses on shorelines; minimize aesthetic alterations to shorelines as viewed from water bodies and surrounding areas.
(i) Noise
Objective: Minimize noise insofar as practicable.
General Guideline: Employ such measures as appropriate site selection, appropriate construction methods and maintenance of natural cover for a buffering effect; adhere at a minimum to applicable governmental noise level standards.
(j) Signs
Objective: Avoid signage that detracts from aesthetic and scenic qualities.
General Guideline: Limit signs to the extent necessary to adequately inform viewers concerning the activities to which they relate; utilize signs which are appropriate to the character of the area in which they are located; avoid use of signs of excessive size, of signs that are insufficiently set back from natural and manmade travel corridors, and of signs containing moving parts or flashing lights.
(k) Utilities
Objective: Locate, design, construct and maintain utilities so as to efficiently accomplish project objectives and preserve natural and public resources.
General Guideline: Locate utilities underground if feasible and in such a way that alignments are compatible with existing topography and vegetation; minimize visual impacts on surrounding areas by maintaining and preserving as much vegetative cover as possible and utilizing existing topography; and minimize maintenance practices such as herbicide spraying which could have adverse environmental impacts on terrestrial and aquatic ecosystems.