The Planning Board, in considering an application
for the subdivision of land, shall be guided by the following considerations
and standards:
A.
Land to be subdivided shall be of such character that
it can be used safely for building purposes without danger to health
or peril from fire, flood, or other menace.
B.
Land subject to flooding, and land deemed by the Planning
Board to be otherwise 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 on this or other property.
C.
Particular attention shall be given to storm drainage
facilities. These facilities shall be designed to take runoff from
streets, lawns, paved areas, and roof areas. No developed area shall
discharge more stormwater into adjacent culverts and channels than
occurs under a natural undeveloped condition. The town, however, reserves
the right to establish more restrictive parameters if the downstream
area has been subjected to floods in the past even while the upstream
areas were not developed.
D.
The preservation of natural watercourses is preferable
to the construction of drainage channels, and wherever practicable
such natural watercourses should be preserved.
E.
Subdivisions shall conform to the streets and parks
shown on the Official Map of the town as may be adopted and shall
be properly related to the Town Comprehensive Plan as it is developed
and adopted by the Town Planning Board.
F.
Required improvements shall conform to the supplement
to this chapter entitled "Subdivision Road and Development Specifications,"
on file at the Town Clerk's office.[1] The Subdivision Road and Development Specifications shall
be adopted and amended by resolution of the Town Board of the Town
of Naples.
[1]
Editor's Note: The Subdivision Road and Development Specifications are included at the end of this chapter as Addendum A.
[Amended 7-9-2007 by L.L. No. 2-2007]
A.
Streets. The following regulations shall govern the layout of streets:
(1)
Subdivisions shall be so designed as to provide a street pattern
which is curvilinear in design. The design of the street pattern shall
be based upon a local residential or minor street pattern connected
to a residential collector street system.
(2)
The arrangement of streets in new subdivisions shall make provision
for the continuation of existing streets in adjoining areas, or their
proper protection where adjoining land is not subdivided, at the same
or greater width insofar as such may be deemed necessary for public
requirements.
(3)
Local residential streets shall be designed so as to discourage through
traffic.
(4)
All right-of-way street widths and street pavements shall be measured
at right angles or radial to the center line of the street.
(5)
Whenever possible, streets shall intersect at right angles, and in
no case shall they intersect at angles of less than 60°.
(6)
Street grades as submitted on the subdivision plat shall be approved
by the Highway Superintendent prior to final approval by the Planning
Board.
(7)
All proposed subdivisions shall be designed to provide access to
adjacent properties. When a proposed subdivision abuts an existing
subdivision, the subdivider shall make every attempt to design the
street system of the proposed subdivision to connect with dead-end
or "stub" streets of the existing subdivision.
(8)
The following standards shall apply to cul-de-sac streets:
(a)
A cul-de-sac should be located, if possible, so that it drains
toward its entrance.
(b)
Unless there is the expectation of extending the street through
to the adjoining property, a cul-de-sac street should never be brought
to the property boundary line, but should be placed so that the lots
can back on the property line of the subdivision.
(c)
No cul-de-sac shall exceed 500 feet in length.
(d)
All culs-de-sac shall have a turnaround at the end of the street which shall be of a so-called "hammerhead" design and construction, in compliance with the criteria displayed in the drawing in Appendix D to the Subdivision Road and Development Specifications.[1] Circular cul-de-sac turnarounds are not permitted.
[1]
Editor's Note: The Subdivision Road and Development Specifications are included at the end of this chapter as Addendum A.
(9)
If a dead-end street is of a temporary nature, a similar turnaround
shall be provided as specified above, and provisions made for future
extension of the street through to adjacent property and reversion
of the excess right-of-way to the adjoining properties.
(10)
New half or partial streets shall not be permitted, except that
wherever a proposed subdivision borders a half or partial street,
the Town Planning Board may require that the other part of the street
be platted in the proposed tract if it is found that such a requirement
would increase the effectiveness of the circulation system in the
area.
(11)
Multiple intersections involving a junction of more than two
streets shall be prohibited.
(12)
Local residential streets and residential collector streets
shall not intersect with arterial streets at a distance of less than
800 feet, measured from center line to center line.
(13)
The minimum distance between center line offsets at street jogs
shall be 150 feet. Such offsets shall be avoided wherever possible,
and shall be approved by the Town Planning Board only when no other
reasonable solution is possible.
(14)
No street shall have a name which will duplicate or so nearly
duplicate as to be confused with the names of existing streets within
the county. Street names shall be in conformance with the Ontario
County Enhanced 9-1-1 System. The continuation of an existing street
shall have the same name.
(15)
The minimum radius of horizontal curves, minimum length of vertical
curves, and minimum length of tangents between reverse curves, and
the location of curb cuts on Town roads, shall be approved by the
Town Highway Superintendent prior to final approval of the subdivision
plat by the Planning Board.
(16)
The Highway Superintendent shall approve of highway plans including
road sides in writing, and shall have the right to inspect during
construction of same.
B.
Lots. The following regulations shall govern the layout of lots:
(1)
The lot size, width, depth, shape, orientation, and the minimum building
setback lines shall be appropriate for the location of the subdivision
and for the type of development and use contemplated.
(2)
All lots shown on the subdivision plat must conform to the minimum requirements of Chapter 132, Zoning, as to area and dimensions for the zone in which the subdivision is located. However, in the event of utilization of § 281[2] of the Town Law of New York State, the Planning Board
may use its discretion in determining lot sizes in accordance with
the guidelines established in § 281 of the Town Law of New
York State and the relevant sections of these regulations.
[2]
Editor's Note: Section 281 of the Town Law was renumbered
by the Laws of 1992, Chapter 727, §§ 3 and 4. See now
Town Law, § 278.
(3)
Each lot shall front on a street built to specifications of the Town
of Naples Planning Board.
(5)
Where extra width has been dedicated for widening of existing streets,
lots shall begin at such extra width line, and all setbacks shall
be measured from such line.
(6)
Side lines of lots shall be at right angles to the center line of
straight streets, and radial to the center line on curved streets.
(7)
Where there is a question as to the suitability of a lot or lots
for its intended use due to factors such as rock formations, flood
conditions, or similar circumstances, the Town Planning Board may,
after reviewing pertinent information supplied by the subdivider or
the subdivider's engineer, require the modification of such lots.
(8)
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lots required in the area by Chapter 132, Zoning, and to provide for convenient access, circulation control and safety of street traffic, including both vehicular and pedestrian modes.
(9)
Blocks intended for commercial or industrial use shall be designed
specifically for such purposes with adequate space set aside for off-street
parking and delivery facilities.
C.
Easements. An easement shall be provided for all natural drainageways
and all utility lines when such utility line or lines do not fall
within a dedicated right-of-way. All easements shall be plotted on
the preliminary plat and final subdivision plat. A clause shall be
inserted in the deed of each lot affected by an easement indicating
that the easement exists and its purpose. Except as further required
in this section, easements shall have a minimum width of 20 feet.
Where a subdivision is traversed by a drainageway, channel, or stream,
a drainageway easement conforming substantially with the lines of
such watercourse shall be provided. The easement shall be a minimum
of 20 feet wide or such width as will be adequate to preserve natural
drainage and provide sufficient width for maintenance. Where it is
found that additional easement width is needed, such width shall be
determined by the Town Planning Board in consultation with the Highway
Superintendent and such other parties as the Planning Board deems
appropriate. To the fullest extent possible, easements shall be centered
on or adjacent to rear or side lot lines. All utility lines which
are primarily intended to provide service to the lots within the subdivision
shall be installed underground at a depth and at such locations as
will minimize risk of interruption of services.
D.
Landscaping, ground cover, and grading.
(1)
All disturbed lot areas which are not covered by structures or pavilions
shall be properly seeded and landscaped by the developer.
(2)
The developer shall provide a liberal and functional landscaping
scheme for the entire subdivision.
(3)
Individual homeowners may, by written agreement with the developer,
seed and landscape their yards independently. A copy of the agreement
shall be submitted to the Planning Board.
(4)
Lots shall be properly graded to provide for positive drainage away
from structures and the on-site sewage disposal system and leach field.
(5)
When a proposed subdivision borders upon an existing commercial or
industrial establishment, or any other use which, in the opinion of
the Town Planning Board, may be visually detrimental to the tranquillity
of the future residents of the subdivision, or where the proposed
subdivision may be visually detrimental or different in character
from adjacent residential or other uses, the Town Planning Board may
require a landscape screen to buffer the subdivision from adjacent
properties.
E.
Preservation of natural features.
(1)
The developer shall remove and stockpile topsoil during construction
from all areas where soil is to be either cut or filled. Said stockpile
is to be seeded if it is not reused as specified herein within 14
days. After construction all areas not built or paved upon shall be
covered with topsoil applied to a depth of not less than six inches.
All said covered areas shall be stabilized by seeding or planting.
At no time shall topsoil be removed from the subdivision without written
permission from the Town Planning Board.
(2)
The developer shall conserve, to the fullest extent possible, all
existing trees and shrubbery. Special consideration shall be given
to the arrangement and ultimate improvement or development of the
lots to this end. Precautions shall also be taken to protect existing
trees and shrubbery during the process of grading the lots and roads.
No tree with a circumference of 25 inches or more as measured three
feet above the base of the trunk shall be removed unless such tree
is within the right-of-way of a street or in a construction area as
shown on the final plat.
(a)
Where there is a question as to the desirability of removing
a tree or group of trees which serve to add interest and variety to
the proposed subdivision, in order to allow for use of the land for
a lot or lots, the Town Planning Board may, after proper investigation,
require modification of such lots.
(b)
Where any land other than that included in public rights-of-way
is to be dedicated to the public use, no trees shall be removed from
the site without written permission from the Town Planning Board.
(3)
Where a subdivision is traversed by a natural lake, pond, or stream,
the boundaries or alignment of said watercourse shall be preserved
unless, in the opinion of the Town Planning Board, a change or realignment
will enhance the development and beauty of the subdivision or the
utilization of such features by the future residents of the subdivision.
All proposed changes in watercourse alignment shall be in accordance
with the New York State Stream Conservation Law or other applicable
state statute in effect at the time of the approval of the final plat.
(4)
Unique physical features such as historic landmarks and sites, rock
outcroppings, hilltop lookouts, desirable natural contours, and similar
features shall be preserved if possible.
(5)
The developer shall remove all stockpiles of dirt or any other material
within six months of completion of each section or phase of the subdivision.
F.
Floodplain. If any portion of the land within the subdivision is
subject to inundation or flood, as shown on the United States Department
of Housing and Urban Development Flood Insurance Rate Map, such fact
and portion shall be clearly indicated on the preliminary and final
plat and a prominent note placed upon each sheet of such map whereon
any portion so affected shall be shown.
G.
Self-imposed restriction. The owner may place restrictions on the development greater than those required by Chapter 132, Zoning. Such restrictions, if any, shall be indicated on the final plat, or on separate documents filed with the final plat with clear reference to such documents placed on said final plat in a form acceptable to the Planning Board.
H.
Modification of standards. The Town Planning Board may modify the
specified requirements of these regulations in any individual case
where, in said Board's judgment, such modification is in the
public interest, or will improve the general health, safety, or welfare
of the affected public.
