Town of Elma, NY General Requirements and Design Standards

If any portion of the land within the subdivision is subject to periodic inundation or flood hazard caused by stormwater, this portion shall be clearly indicated on any subdivisions required by these regulations. In cases of doubt, the Planning Board may require submission of a flood hazard study delineating the limits of the one-hundred-year floodplain. Such study shall be conducted by a licensed professional engineer.

Lands subject to flooding and land deemed by the Planning Board to be otherwise uninhabitable shall not be platted for residential occupancy nor for any such other use that may increase danger to health, life or property, or aggravate the flood hazard.

Any subdivision, including all proposed improvements and construction, must comply with all applicable provisions of the National Flood Insurance Act of 1968, including all amendments thereto.

The subdivider shall conform to all subdivision design standards as herein provided. These standards shall be considered minimum standards and shall be varied from or waived only as provided for in Article IX of this chapter.

Lots.

Lots to be buildable. The lot arrangement shall be such that, in constructing a building in compliance with the Zoning Ordinance,[1] there will be no foreseeable difficulties for reasons of topography or other natural conditions.

[1]

Editor's Note: See Ch. 144, Zoning.

Deep lots. Lots shall not be of unreasonable depth, but, if such depth is unavoidable, provisions should be made whenever possible in the layout of the subdivision for streets which may be added later through resubdivision to serve the development of the rear portion of such deep lots.

Corner lots. Corner lots shall be of sufficient dimensions so that any structure placed thereon shall conform to the building setback line on both streets, as well as side yard requirements, for the zoning district in which the lot is located.

(4)

Double-frontage lots. Lots whose front and rear lot lines abut two separate and approximately parallel streets should be avoided except in residential areas abutting major arteries. In such cases, a planting screen easement at least 10 feet wide with no right of access to the lot shall extend along the lot line abutting the major artery right-of-way.

(5)

Minimum lot size. Each lot shall be no smaller than the minimum size required by the Zoning Ordinance for the district in which it is located. The minimum lot width, measured at the point where the property line meets the road right-of-way line, must be the minimum lot width required by the Zoning Ordinance for the district in which it is located, unless extreme hardship is demonstrated, in which case the Planning Board shall have discretion to reduce said minimum in accordance with § 123-16D.

(6)

Side yard lines. All side yard lines of lots shall be substantially at right angles to straight street lines and radial to curved street lines.

(7)

Driveway access. Whenever possible, lots shall be laid out so that driveways have access to a street which is intended to carry out the least traffic. Driveway grades between the street pavement and the building setback line shall not exceed 10%.

(8)

Access from public streets.

The subdividing of land shall be such as to provide, by means of public street, each lot with satisfactory access to an existing public street for construction within the subdivision.

Double-frontage and reverse-frontage lots should be avoided. Reverse-frontage lots, which have their rear yard abutting a collector or major street, shall be provided with effective natural screening along the full width of the rear property line to screen the rear yard from adjacent traffic.

(c)

A lot of less than 200 feet frontage fronting on a county or state highway may be designed as to share a common curb cut with an adjacent lot, if either adjacent lot has not been previously granted a curb-cut permit. When more than three lots are proposed to be subdivided from a parcel with frontage on a county or state highway, or there is a possibility of creating four or more lots equal in size to the average area of the lots proposed for subdivision, frontage for all such lots shall be on internal streets, not on the county or state highway. Each lot permitted to front on a county or state highway shall provide for an improved on-site turnaround so as to obviate the necessity of any vehicle backing onto such highway.

(9)

Access from private streets. Access to a subdivision from private streets, as provided under § 280-a of the Town Law, shall be deemed acceptable only if such private streets are designed and improved in accordance with Subsection B of this section and if said private streets are transferred to the Town and accepted by the Town Engineer and Highway Superintendent prior to or at the same time as final acceptance of the subdivision itself.

(10)

Block design. Each block shall normally be designed to provide two rows of lots, but irregularly shaped blocks indented by cul-de-sac streets and which contain interior parks will be acceptable when properly designed and if the maintenance of such interior parks is provided for in covenants and agreements acceptable to the Planning Board.

Streets.

General objectives. Streets shall be of sufficient width, suitably located and adequately constructed to conform to the Town Master Plan and to accommodate the prospective traffic and afford access for firefighting, snow removal and other road maintenance equipment. The arrangement of streets shall be coordinated such that they compose a convenient system, cause no undue hardship to adjoining properties and render no property inaccessible from an existing public street or from a proposed street in a subdivision for which a completion bond has been posted.

Arrangement.

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, by use of stub streets 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 sewer, water and drainage facilities. Where, in the opinion of the Planning Board, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified.

The subdivision street traffic network shall provide an orderly local access progression from marginal streets to collector street to main highways and shall include a continuous network of public pedestrian walks, either independent or incorporated within vehicular rights-of-way, to connect all properties and public areas.

Street widths.[2]

[2]

Editor's Note: See Town Design Standards on file in the Town Clerk's office.

(4)

Pavement, drains and culverts. All pavement, gutters, drains, culverts and other street improvements required by the Planning Board shall conform to Town specifications, which are available in the Town Clerk's office.

(5)

Marginal access streets. Where the proposed subdivision contains or is adjacent to an existing or proposed major arterial street, the Planning Board may require marginal access streets, reverse frontage with screen planting contained in nonaccess reservation along the rear property line or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

(6)

Local streets. Local streets shall be laid out in a manner to discourage their use by through traffic. Local and collector street openings onto a major artery shall normally be at least 500 feet apart.

(7)

Street connections. Subdivisions containing 50 lots or more shall have at least two connections with existing public streets, with streets shown on the Official Map, if such exists, or streets on an approved subdivision plat for which a bond has been filed.

(8)

Grades and curves. Grades of all streets shall conform to the general terrain and shall be no less than 1/2 of 1% nor more than 7%. Where a grade of 1/2 of 1% cannot be achieved, reduction may be considered if both street curves and a smooth-wearing surface are provided.

(9)

Street trees. At least two street trees, having a minimum one-and-one-half-inch caliper trunk and an eight-foot height, shall be planted on each lot.

Parks and public open space. Adequate land for parks and other public open space purposes shall be provided in any subdivision of five or more lots throughout the Town of Elma.

Amount of land dedicated.

In general, the Planning Board may require that not less than one acre of park and public open space land per 20 dwelling units be shown on the plat. However, in no case shall the amount required be more than 10% of the total area of the subdivision.

The minimum area of contiguous public open space acceptable for this use may be one acre. A smaller open space may be approved by the Planning Board if the difference in area between the space offered and the one-acre minimum may be provided by future subdivision of adjacent land. All lands designated on the plat as park or open space area shall be subject to such conditions as the Planning Board may establish on the subdivision concerning access, use and maintenance of such lands as deemed necessary to assure the preservation of the land, in perpetuity, for their intended purposes. Such conditions shall be clearly noted on the plat prior to plat approval and recording.

Information to be submitted. In the event that an area to be used for park or public open space is required to be shown, the subdivider shall submit, prior to final approval, to the Planning Board drawings at a scale of not less than 20 feet to the inch of such area and the following features thereof:

The boundaries of said area, giving lengths and bearings of all straight lines, radii, lengths, central angles and tangent distances of all curves.

Existing features, such as streams, ponds, clusters of trees, rock outcrops and structures.

(c)

Existing and, if applicable, proposed changes in grade and contours of said area and of the area immediately adjacent.

(d)

Plans for improvements of said area, not limited to grading, seeding, fencing, landscaping and the provisions for play and related equipment.

Payment in lieu of dedication. In cases where, because of size, topography or location of the subdivision, the requirement for land dedication of reservation for parks and public open spaces would be unreasonable or undesirable, the Planning Board may alternately require, under § 277 of the Town Law, that a payment be made into a special fund for Town recreation site acquisition and improvement in lieu of such land dedication. Such payment shall be a condition of approval of the plat and be in the sum of $250 per proposed dwelling unit in the project or such sum as may be set by resolution of the Town Board from time to time. No plat shall be signed by the authorized officer of the Planning Board until such payment is made.

Public improvements and utilities. See Detail AA.[3]

Placement. Underground public improvements required by the Planning Board in accordance with Article V § 123-11, and public utilities shall be placed in the street rights-of-way between the street paving and the sidewalk, if one exists, or between the street paving and right-of-way line. Where topography makes such placement impractical, perpetual unobstructed easements at least 15 feet in width shall be provided for along lot frontages abutting the street lines, with satisfactory access to the street. Wherever possible, easements shall be continuous from block to block, and their layout shall be as regular as possible. Subject to the discretion of the Town Board, an underground public improvement or utility operated for revenue by the Town or by a special district may be installed by the Town in a private street, provided that a public easement of satisfactory size is obtained for such improvement or utility. Before the street is paved, the subdivider shall install underground service connections for all required public improvements to the property line of each lot within the subdivision.

Water.

The subdivider shall connect to the closest existing watermain to his subdivision. No subdivision shall be approved unless plans demonstrate the availability of a water supply of a dependable quantity adequate for all domestic purposes, and meet all considerations of fire protection requirements. All Health Department requirements must be adhered to as per the Pure Waters Act[4] and recommended standards for waterworks of the State of New York Health Department. Only materials approved and accepted by the American Water Works Association can be used in construction of the watermains.

[4]

Editor's Note: See the Pure Waters Bond Act, NY Uncon Laws § 7371 et seq.

The subdivider shall perform all requirements at his own expense.

Sanitary sewers.

Where an appropriate public sanitary sewer system is reasonably accessible, the subdivider shall install at his expense the necessary connections into the system and provide a sewer connection for each lot.

(4)

Septic tank systems. Where an appropriate sanitary sewer system is not reasonably accessible but where the plans for the sanitary sewer district, including lands on which the subdivision is located, have been prepared, the subdivider, at his expense, in addition to installing sanitary sewers in conformity with those plans for eventual connection with a trunk sewer, shall provide private septic tank systems which shall conform to the requirements of the Erie County Health Department and of all other authorities having jurisdiction. The Planning Board shall ascertain that such lots shall be of sufficient size to provide adequate leaching fields for satisfactory performance of the system.

(5)

Storm and drainage sewer system.

The subdivider shall install all necessary storm drainage sewers and appurtenant facilities at his expense, in accordance with standards of the Town and of all authorities having jurisdiction. Where an appropriate storm drainage system is reasonably accessible, the subdivider shall make proper connection thereto, otherwise the subdivider shall provide appropriate means and methods for stormwater runoff satisfactory to the Planning Board and all other authorities having jurisdiction. Any such means and methods for stormwater runoff shall comply with any SWPPP approved by the Town for the subdivision.

Where storm sewers are provided, the storm sewers shall generally be installed 12 feet from the right-of-way line on the same side of the street as the water main. Size is to be determined in consultation with the designated Town Engineer and Highway Superintendent.

(c)

The drainage system shall be large enough to accommodate potential runoff from the entire upstream drainage area, whether inside or outside of the subdivision. The designated Town Engineer shall approve the design and the size of the facilities based on anticipated runoff from a twenty-year storm under conditions of total potential development permitted by the Zoning Ordinance[5] in the watershed.

[5]

Editor's Note: See Ch. 144, Zoning.

(d)

The subdivider's engineer shall also study and report on the effect of each subdivision on the existing downstream drainage system outside the area of the subdivision, and this report shall be reviewed by the designated Town Engineer. When it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility during a twenty-year storm, the Planning Board shall notify the Town Board of such potential condition. In such case, the Planning Board shall not approve the plat until provision has been made for the improvement of said condition.

(e)

Subdivisions shall be designed and constructed in accordance with any SWPPP approved by the Town.

[3]

Editor's Note: Detail AA is in the Town highway specifications, which are on file in the Town Clerk's office and may be inspected during regular business hours.

Pedestrianways.

Sidewalks on collector roads. All streets which may be designated as collector roads may be required to have a five-foot-wide sidewalk on both sides of the street. All such sidewalks shall be so placed that there will be a distance of three feet between the sidewalk and the street paving and a distance of four feet between the inner edge of the sidewalk and the right-of-way line. Planting of street trees will be permitted in the space between the sidewalk and the right-of-way only.

Sidewalks on local streets. All local streets may be required to provide a sidewalk on one or both sides of the street at the discretion of the Planning Board. Such sidewalk shall be located as follows:

When a sidewalk is to be provided along only one side of a local street, the street paving shall be offset from the right-of-way center line by eight feet. The sidewalks shall be five feet in width and so placed that there will be a distance of three feet between the sidewalk and the right-of-way line. Planting of street trees will be permitted in the space between the sidewalk and the right-of-way only.