The Planning Board, in reviewing an application for approval, shall
be guided by the considerations and standards set forth in this article. The
Planning Board shall take into account the prospective character of the development
and require that improvements be designed to insure the reasonable protection
of the public health, safety, morals and general welfare. In addition, all
improvements shall be in accordance with the Town's construction specifications.
A.
Land to be subdivided and developed 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.
Proper provisions shall be made for drainage, water supply,
sewage and other needed improvements.
C.
All proposed lots shall be so laid out and of such size
as to be in harmony with the development pattern of neighboring properties.
D.
A safe and convenient street system, consistent with
the Town's Comprehensive Plan and conforming to the Official Map, if such
exists, shall be created. Streets shall be of such width, grade and location
so as to accommodate the type and volume of traffic that is anticipated, to
facilitate fire protection and to provide fire-fighting equipment with access
to buildings.
E.
Provisions shall be made to reserve open spaces for parks
and playgrounds, or to require recreation fees in lieu thereof, in order to
achieve the goals and objectives of the Town's Comprehensive Plan and the
Official Map.
F.
Insofar as possible, existing features of the landscape
such as large trees, rock outcrops, water and flood courses, historic components
and other significant assets that would add to the value of the site should
be preserved in the design of the subdivision.
G.
The location and installation of sewer, water, gas, electricity,
street lighting and other public facilities shall be coordinated so that they
may be operated and maintained at minimum cost. Installation shall be consistent
with recognized standards including, but not limited to, the Ten States Standards.
H.
Cluster development. Pursuant to § 278 of the New York State Town Law, the Planning Board may modify lot size and setback requirements of Chapter 103, Zoning, in order to approve cluster development. Such action may be taken if the Planning Board finds that cluster development would provide the most appropriate use of land, would facilitate the adequate and economical provisions of streets and utilities, would preserve the natural scenic qualities of open lands, and/or would protect adjoining neighborhoods from the potential impact of new development. A cluster development shall not contain a greater number of dwelling units or building lots than would, in the Planning Board's judgment, be permitted if the site were subdivided into lots containing the minimum lot size and density requirements of the zoning law pertaining to the district or districts in which such site is located, and conforming to all other applicable requirements.
A.
Lot size and arrangement.
(1)
The dimensions and arrangements of lots shall be designed
in such a manner that, for reasons related to topography, reservations, dedications
or other conditions, there will be no foreseeable difficulties in providing
access to buildings on such lots or in securing building permits in compliance
with existing zoning regulations as well as other Town requirements.
(2)
The lot size, width, depth, shape, orientation and the
minimum building setback lines shall be appropriate for the subdivision and
for the type of development and use contemplated.
(3)
Subdivision lots should be laid out as much as possible
so that side or rear lot lines follow the centerlines of streams or drainage
ways that may lie within the subdivision.
(4)
Except as may be authorized by the Planning Board under the cluster development provisions of § 89-18H, all lots shown on the subdivision plat shall conform to the minimum lot size and setback requirements specified for such lots in the Town's zoning laws.
(5)
Notwithstanding any provision of law to the contrary,
and except as may be authorized by the Planning Board under the cluster development
provision, where a plat contains one or more lots which do not comply with
the Town's zoning laws, application may be made to the Zoning Board of Appeals
for an area variance pursuant to § 267 of the New York State Town
Law, without the necessity of a decision or determination of an administrative
official charged with the enforcement of the zoning regulations. In reviewing
such application, the Zoning Board of Appeals may request the Planning Board
to provide a written recommendation concerning the proposed variance.
(6)
Corner lots shall have extra width sufficient to comply
with required building setback lines on both streets as required by the Town's
zoning laws.
(7)
Where existing streets have been proposed for future
widening, all building setbacks shall be measured from the proposed right-of-way
line.
(8)
Side lines of lots shall generally be at right angles
to straight streets and radial to curved streets.
(9)
Block lengths and widths shall be appropriate to accommodate
the size of lots required by the Town's zoning laws and to provide for convenient
access, circulation control and traffic safety.
(10)
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.
B.
Access.
(1)
Each lot shall have access to a street built to the Town's
specifications.
(2)
Where lots abut an existing state highway, the number
of driveways and/or streets entering onto these state highways shall be minimized.
Where a marginal access road is established, a non-access easement shall be
required along that portion of the lot next to and parallel with the highway
right-of-way line.
(3)
Where a watercourse separates the buildable area of a
lot from the street which provides access to the lot, provision shall be made
for the installation of a culvert or other drainage structure. Said culvert
or drainage structure shall be subject to the same design criteria and review
as all other stormwater drainage facilities in the subdivision.
A.
Design and layout of streets.
(1)
The design of the street pattern shall be based upon
minor streets connecting to collector streets.
(2)
The arrangement of streets in a new subdivision shall
provide for the continuation of existing streets into adjoining areas, and
shall reserve space for future street extensions where the adjoining land
has not been developed.
(3)
Local residential streets shall be designed so as to
discourage through traffic.
(4)
Local (minor) streets shall have a right-of-way of at
least 50 feet in width and, unless otherwise provided hereinafter, a pavement
width of not less than 24 feet.
(5)
Streets classified as collector streets by the Planning
Board shall have a right-of-way of at least 66 feet in width and a pavement
width of not less than 36 feet.
(6)
The minimum radius of horizontal curves, minimum length
of vertical curves and minimum length of tangents between reverse curves shall
be in accordance with specifications reviewed and approved by the Town Director
of Public Works. Such design features shall be reviewed by the Town Director
of Public Works, who shall report his recommendation to the Planning Board
prior to final approval.
(7)
Street grades, wherever feasible, shall not exceed 8%,
with due allowance for reasonable vertical curves and with not less than 200
feet between changes of grade.
(8)
In order to facilitate drainage, no street grade shall
be less than 1%.
B.
Construction of streets.
(1)
All streets shall be of asphalt pavement and meet all
requirements specified in the construction specifications approved by the
Planning Board.
(2)
Concrete curbing shall be installed along all new streets,
when required by the Planning Board. If curbing is not required, rolled gutters
or other means for controlling stormwater may be constructed as may be approved
by the Town Director of Public Works and the Planning Board. In addition,
grading and seeding of the area between the pavement edge, shoulder or approved
drainage structure and the front property line of the lot shall be provided.
(3)
Due to the general soil conditions within the Town and
normal construction sequences for development, it is deemed to be in the best
interests of the Town that following procedures be followed:
(a)
Binder material shall not be placed prior to the completion
and approval of all underground utilities (including the private utility lines)
and a review of the road base by appropriate Town inspectors.
(b)
The weather and seasonal limitations as specified under
the Standard Specifications of the New York State Department of Transportation
shall apply for the placement of bituminous mixtures.
|
Restrictions B(3)(a) and (b) imply completion of all underground systems
well in advance of the developer's schedule for paving.
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(c)
Certificates of occupancy shall not be issued unless
a proper road surface as herein specified has been constructed.
(d)
Prior to installing the top course of asphalt, the developer
shall substantially complete related construction in the vicinity of the right-of-way.
Appropriate steps shall be taken to limit the accumulation of stormwater on
the street. This will help to insure that the top course of new pavement will
be less susceptible to marring or patching as a result of construction activity.
(e)
Unless a specific waiver is obtained in writing from
the Town Director of Public Works, the final top course shall be installed
by the developer before the end of the construction season during which the
binder course was placed.
(f)
Before the expiration of the maintenance bond and before
the final top is applied, the Town and the developer shall hold a final site
review to assess any damages or repairs that are to be completed by the developer
under the maintenance agreement. Once the top course has been installed, the
developer shall obtain final acceptance of all roadway improvements from the
Planning Board.
(4)
Driveway culverts.
(a)
The installation of driveway culverts requires approval
and a permit (as to location, size and material) from the authority having
jurisdiction over the road. New driveway culvert installation shall be the
responsibility of the subdivider or other person following receipt of a permit
therefor.
(b)
The Town reserves the right to remove and/or install
driveway or roadway culverts along any existing road to properly transmit
surface drainage as determined by the Town Director of Public Works.
(5)
Driveway openings. Where curbing and/or sidewalks are
waived by the Planning Board, adequate provision for the protection of the
edge of the road pavement, and graded shoulders, at all driveway openings
and other accessways shall be provided in manner approved by the Town Director
of Public Works.
C.
Street intersections.
(1)
The minimum distance between centerline offsets at street
jogs shall be 150 feet.
(2)
Minor streets and/or collector streets shall not intersect
with arterial streets less than 800 feet apart, measured from centerline to
centerline.
(3)
Except for street jogs and the intersection of minor
streets and/or collector streets with arterial streets, streets shall not
intersect within 200 feet of another intersection.
(4)
Streets shall not curve or turn significantly within
100 feet of an intersection.
(5)
Whenever possible, streets shall intersect at right angles.
Streets shall not intersect at angles of less than 75º.
(6)
Intersections involving the junction of more than two
streets shall not be permitted.
(7)
Curb radii at intersections shall be not less than 25
feet.
D.
Access to adjacent parcels and subdivisions. 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 existing subdivisions.
E.
Cul-de-sac and dead-end streets.
(1)
If possible all cul-de-sac streets should drain toward
their entrance.
(2)
Unless there is the expectation of extending the street
through the subdivision to the adjoining property, a cul-de-sac should be
designed so that the rear of the lots served by the cul-de-sac back to the
property adjoining the subdivision.
(3)
No cul-de-sac shall exceed 400 feet in length.
(4)
All cul-de-sac streets shall have a turnaround at the
end of the street with a right-of-way diameter of not less than 120 feet;
the outer curb at the turn shall have a minimum diameter of 100 feet.
(5)
If a dead-end street is of a temporary nature, a turnaround
shall be provided and provisions made for the reversion of the excess right-of-way
to the adjoining property when the dead-end street is extended into adjacent
property.
F.
If a subdivision abuts or contains an existing street
of inadequate right-of-way width, additional right-of-way width may be required.
G.
No street shall have a name that will duplicate, or so
nearly duplicate as to be confused with, the names of existing streets. The
continuation of an existing street shall have the same name. Street names
shall be approved by the Town Board.
H.
Where a subdivision abuts or contains an existing or
proposed arterial street, the Planning Board may require special treatment
of the land areas bordering such street in order to protect residential properties
and to effectively separate through and local traffic.
I.
Where a subdivision borders on or contains a railroad
right-of-way, the Planning Board may require a street or streets parallel
to such right-of-way in order to make appropriate use of the land adjacent
to such right-of-way.
A.
Although service drives may be permitted in commercial
and industrial districts, it is recommended that other provisions be made
on private property to insure that adequate off-street loading and unloading
and parking facilities are available to serve the proposed use.
B.
The width of any proposed service drive shall not be
less than 20 feet.
C.
Dead-end service drives will not generally be approved.
If dead-end service drives are unavoidable, adequate turnaround facilities
shall be provided at the closed end, as required by the Planning Board.
Concrete sidewalks shall be installed along at least one side of all
new streets. Sidewalks shall be at least four feet in width.
All subdivisions of land shall result in parcels having at least one
access point to at least one street that can be improved to meet Town standards.
If a tract is subdivided into lots which are more than twice the size
of the minimum lot size required in the zoning district in which the subdivision
is located, the Planning Board may require that streets and lots are laid
out so as to permit future resubdivision in accordance with the requirements
contained in this chapter and the Town's zoning laws.
Standards for the design and construction of nonresidential subdivisions
shall be governed by sound engineering and planning practice. Utilities shall
be sized commensurate with the anticipated demand based upon the full development
of the subdivision.
The subdivider of any property may impose greater restrictions on any
development than those required by the Town's subdivision and zoning regulations.
Such restrictions, if any, shall be indicated on the preliminary and final
subdivision plats.
A.
Easements shall be provided in those instances where
natural drainageways and utility lines do not fall within dedicated rights-of-way.
All easements shall be plotted on the preliminary and final subdivision plats.
A clause shall be inserted in the deed of each lot affected by an easement
indicating the existence and purpose of the easement.
B.
A drainageway easement shall be provided where a subdivision
is traversed by a swale, channel or stream. The easement shall be of such
width as will be adequate to preserve natural drainage and provide sufficient
width for maintenance.
C.
To the fullest extent possible, easements shall be centered
on or adjacent to rear or side lot lines.
A.
All storm sewers and drainage facilities such as gutters,
catch basins, bridges, culverts and swales shall be designed for the development
and subject to the approval of the Town. Such facilities shall be designed
to accommodate upland flows that may be generated from future land development.
B.
The following shall be observed as storm drainage facilities
are designed:
(1)
Lots shall be laid out and graded to provide positive
drainage away from buildings.
(2)
The stormwater management system shall be designed to
prevent increased runoff over adjacent properties.
(4)
Sump pumps or roof leaders shall not be permitted to
discharge directly to roadside gutters or channels.
(5)
The Town shall require the completion of construction
and the design engineer's certification of all surface drainage improvements
and erosion control measures before any building permits are issued within
proposed subdivisions.
A.
If a Town sewer line is within 100 feet of the property
line for a property for a single- or two-family home, or within 500 feet of
the lot line for a three-family or more residential dwelling or for commercial/industrial
uses, sanitary sewers and appurtenances shall be designed to adequately serve
all units and shall connect to the public system. The design and installation
of said sewers shall be subject to the approval of the Planning Board and
other appropriate agencies.
B.
Where lots do not meet the criteria of Subsection A above and cannot feasibly be served by the extension of an existing public sanitary sewer, the developer shall obtain the approval of individual subsurface disposal systems by other appropriate agencies.
C.
Once the individual disposal systems are installed they
shall be inspected by a licensed professional and certified to the Town Building
Department as to their installation in accordance with the approved plans.
The Town assumes no liability for the performance of individual disposal system.
D.
In areas not presently served by public sanitary sewers,
the Planning Board may require the installation and capping of sanitary sewer
mains and house connections, in addition to installation of individual on-site
sewage disposal facilities, if studies of the Planning Board indicate that
future extension of public sanitary sewer trunks or laterals to service the
property subdivided appears probable or necessary to protect the public health.
A.
Connection to public water supply. Connection to the
Town's public water supply shall be required for new development which is
located within a reasonable distance of a public water main. The developer
shall provide and dedicate to the Town a complete water distribution system.
The design and installation of said system shall be subject to the approval
of the Planning Board, the Orleans County Health Department or its authorized
agent, and other agencies with jurisdiction.
B.
Private water supply. All private water supply systems
shall be installed pursuant to plans approved by the Orleans County Health
Department or its authorized agent. Such systems shall be designed to provide
a sufficient supply of potable water, under adequate pressure, to all outlets,
including, but not limited to, residences, other structures, drinking water
fountains, hose connections, and hydrants. Where a public water supply system
is not available, an adequate private water supply system, approved by the
Orleans County Health Department or its authorized agent, shall be provided.
A.
General.
(1)
It is the Town's intent to control the movement of soil
by employing effective erosion and sediment control measures before, during
and after site disturbance.
(2)
Erosion and sediment control measures, both temporary
and permanent, shall be designed and presented for approval to the Planning
Board prior to any site development or soil disturbance.
(3)
The Planning Board and its designated representatives
will evaluate submitted erosion and sediment control design plans against
the most current edition of the "New York Guidelines for Urban Erosion and
Sediment Control" manual, prepared by the USDA Soil Conservation Service.
B.
Vegetative controls. Site design techniques should include
vegetative measures to control surface water runoff, stabilize soil, and entrap
soil sediments generated from erosion.
(1)
Site slopes shall be graded to be stable and provide
control of any surface or subsurface water prior to vegetative plantings.
(2)
Site disturbance, especially in sensitive areas, shall
be kept at a minimum. Subdivision design shall minimize the removal of existing
trees, hedgerows and indigenous plant cover.
(3)
The developer shall take whatever action is necessary
to establish a stabilized vigorous stand of vegetative cover on all disturbed
soils as soon as possible following initial soil movement.
(4)
If phasing is necessary to meet these conditions, the
developer shall present this information to the Planning Board for its review.
C.
Structural controls. Some projects may require permanent
erosion and sediment controls. If these measures are determined to be necessary,
the Town may require them to be fully functional before upland site disturbance
begins. Such structures may include, but are not limited to, such features
as siltation traps, ponds, diversion swales or dikes.
D.
Maintenance measures.
(1)
It is imperative that both the vegetative and structural
components are inspected periodically and maintained for optimum erosion and
sediment control.
(2)
Temporary facilities shall be cleaned, repaired and/or
replaced by the subdivider as necessary in order to protect and maintain the
subdivision's original design criteria. Permanent facilities shall be cleaned,
repaired and/or replaced by the subdivider until such time as said facilities
have been accepted by resolution of the Planning Board, after which all cleaning,
repair and replacement activities shall be the responsibility of the Town
Department of Public Works.
(a)
Dedicated projects. If the subdivision involves the construction
and dedication of facilities to the Town, the developer shall include sufficient
funds in the maintenance bond to cover the projected cost of maintaining such
facilities for a two-year period following dedication.
(b)
Private projects. If a project includes facilities which
are not to be dedicated to the Town, the developer shall be responsible for
the construction and proper maintenance of all erosion control facilities.
The continued acceptability of erosion control facilities by the developer
shall be determined by the Code Enforcement Office prior to the issuance of
certificates of occupancy for buildings which are constructed on lots in an
approved final plat.
E.
Penalty.
(1)
The Town is empowered to assess reasonable penalties
to a developer/site owner for failure to properly construct, operate and maintain
an approved soil erosion and sedimentation control plan. The penalties may
include, but shall not be limited to, the Town's costs for cleaning ditches,
swales, drains or streams required due to the failure of the developer to
properly construct, operate and maintain site erosion and sedimentation control
devices.
(2)
No further reviews of such projects shall be conducted
by the Town until payments stemming from the Town's charges have been satisfied
and/or the required erosion and sediment control measures have been satisfactorily
completed by the subdivider.
A.
Topsoil moved during the course of construction shall
be redistributed so as to provide at least four inches of cover to all areas
of the subdivision and shall be stabilized by seeding or planting. At no time
shall topsoil be removed from the site without written permission from the
Planning Board. There shall be a minimum of six inches of topsoil redistributed
over any leach beds or fields.
B.
To the fullest extent possible, all existing trees and
shrubbery shall be conserved by the subdivider. Precautions shall also be
taken to protect existing trees and shrubbery during the process of grading
the lots and roads. Where there is a question as to the desirability of removing
a group of trees, in order to allow for use of the land for a lot or lots,
the Planning Board may, after proper investigation, require modification of
such lots.
C.
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 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 revised New York
State Stream Conservation Law.
D.
Unique physical features such as historic landmarks and
sites, rock outcroppings, hilltop lookouts, desirable natural contours and
similar features shall be preserved if possible.
E.
The subdivider shall not be permitted to leave any surface
depressions which will collect pools of water.
F.
The subdivider shall not be permitted to leave any hills
or mounds of dirt around the tract. All surfaces shall be restored within
six months of the time of the completion of the section of the subdivision.
A.
Adequate site landscaping may be required of the subdivider
on any lands developed in the Town. The Planning Board shall notify the subdivider
after the sketch plan has been reviewed if a specific landscaping plan is
required. When required, the landscaping plan shall designate plant species
and locations.
B.
Street shade trees shall be provided along all new streets.
Trees shall be planted so as not to interfere with utilities, roadways, sidewalks,
sight distances, or street lights. Location, spacing and species shall be
approved by the Planning Board and the Town Forester. The minimum caliper
of all trees which are planted shall be two inches when measured 12 inches
above grade.
C.
At least one tree shall be planted within each lot in
a subdivision. Trees planted within private lots shall be outside the road
or utility rights-of-way and easements, in accordance with the following provisions:
(1)
Impacts shall be considered on sight distances.
(2)
The trees shall be a minimum of 10 feet from a property
line or easement.
(3)
There shall be no underground utilities within five feet
of any proposed tree.
(4)
The trees shall be of a variety that do not generally
have a wide-spreading root system and a large spreading trunk base.
A.
If a residential subdivision abuts an arterial street
and adjacent lots front on a marginal access street, a landscaped buffer area
shall be provided between the arterial street and the marginal access street.
This buffer strip shall not be less than 25 feet in width and shall include
both trees and shrubs. The Planning Board may require buffers in other areas,
along with berms, to reduce noise levels and undesirable vistas.
B.
The arrangement of plantings in buffers shall provide
maximum protection to adjacent properties and avoid damage to existing plant
material. Possible arrangements include planting in parallel, serpentine,
or broken rows. If berms are used, the minimum top width shall be four feet,
and the maximum side slope shall be three feet of horizontal distance for
every one foot of vertical height.
C.
Plant materials shall be of sufficient size and planted
in such a fashion that a year-round screen of at least eight feet in height
shall be produced within three growing seasons. All plantings shall be installed
according to accepted horticultural practices.
D.
Plantings shall be watered regularly and in a manner
appropriate for the specific plant species through the first growing season.
Dead and dying plants shall be replaced by the subdivider during the first
two growing seasons. No buildings, structures, storage of materials, or parking
shall be permitted within the buffer area; buffer areas shall be maintained
and kept free of all debris, rubbish, weeds, and tall grass.
A.
Permanent reference monuments shall be set at final grade
at all corners and angle points along the boundaries of any major subdivision
plat and at all street intersections and at such other intermediate points
as may be required by appropriate agencies having jurisdiction in the review
and approval process of subdivision plats.
B.
These markers shall be set by a land surveyor or engineer
and certified to the Town as true and accurate before a certificate of occupancy
may be issued.
Permanent street signs shall be installed in accordance with Town specifications.
The subdivider shall erect and pay for all signs erected at each intersection.
The Planning Board may require adequate street-, sidewalk or site lighting
to be installed. Lighting fixtures which are installed within a subdivision
shall be the responsibility of the subdivider. The light system which is established
shall result primarily in the illumination of the streets and sidewalks within
the subdivision. The design of the system shall be reviewed by the appropriate
electric utility.
In every development, provisions shall be made for service from the
private utility supply systems. The wires of all utilities which serve a major
subdivision, including those which are part of the streetlighting system,
shall be underground rather than aboveground on poles, standards or towers.
Underground conduit and cables shall be installed per the regulations of the
Public Service Commission. Underground conduit and cable shall not be less
than two feet below any drainageway. Private underground utilities may be
installed within a ten-foot wide easement outside of the road right-of-way.
