Town of LeRay, NY
Jefferson County
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Table of Contents
Table of Contents
In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. The said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article V herein.
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. 
All required improvements shall be constructed or installed to conform to Town specifications, which may be obtained from the Town Zoning Enforcement Officer or other designated official.
A. 
Arrangement, location and construction.
(1) 
Streets shall be of sufficient width, suitably located and adequately constructed to accommodate the prospective traffic and afford access for firefighting, snow removal and other road maintenance equipment.
(2) 
The arrangement of streets shall be such as to cause no undue hardship to adjoining properties and shall be coordinated so as to compose a convenient system.
(3) 
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 and water drainage facilities.
(4) 
Where, in the opinion of the Planning Board, topographic or other conditions make such continuance undesirable or impractical, the above conditions may be modified.
(5) 
Minor or secondary street openings into such roads shall, in general, be at least 500 feet apart.
(6) 
Street jogs with center-line offsets of less than 125 feet shall be avoided.
(7) 
In general, all streets shall join each other so that for a distance of at least 100 feet the street is approximately at right angles to the street it joins.
B. 
Special treatment along major arterial streets. When a subdivision abuts or contains an existing or proposed major arterial street, the Board may require marginal access streets, reverse frontage with screen planting contained in a nonsuccess 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.
C. 
Provisions for future resubdivision. Where a tract is subdivided into lots substantially larger than 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.
D. 
Dead-end streets and culs-de-sac.
(1) 
The creation of dead-end or cul-de-sac residential streets are permitted only where the Board finds that such type of development will not interfere with normal traffic circulation in the area or impact compliance with § 135-13B.
(2) 
In the case of dead-end streets where needed, the Board may require the reservation of a twenty-foot-wide easement to provide for continuation of pedestrian traffic and utilities to the adjacent rights-of-way.
(3) 
Subdivisions containing 20 lots or more shall have at least two street connections with existing public streets, or streets on an approved subdivision plat for which a security has been provided.
E. 
Block size.
(1) 
Blocks generally shall not be less than 400 feet or more than 1,200 feet in length.
(2) 
In general, no block width shall be less than twice the normal lot depth.
(3) 
In blocks exceeding 800 feet in length, the Planning Board may require the reservation of an easement 20 feet in width through the block to provide for the crossing of underground utilities and pedestrian traffic where needed or desirable and may further specify, at its discretion, that a paved footpath four feet in width be included.
F. 
Relation to topography.
(1) 
The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property, and all streets shall be arranged so as to obtain as many of the building sites as possible at or above the grade of the streets.
(2) 
Grades of streets shall conform as closely as possible to the original topography.
G. 
Other required streets.
(1) 
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 and on 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).
(2) 
Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
A. 
Streets shall have the following widths. (When not indicated, the classification of streets shall be determined by the Board.) The minimum pavement widths stated below each include in their total two four-foot paved shoulders.
Street Type
Minimum Right-of-Way
Minimum Travel Lane
(total)
Minimum Shoulder Width
(each side)
Minimum Total Paved Width
Major
66 feet
28 feet
4 feet
32 feet
Collector
66 feet
20 feet
4 feet
28 feet
Local
66 feet
20 feet
4 feet
28 feet
B. 
Improvements.
(1) 
Streets shall be graded and improved with pavements, curbs and gutters, sidewalks, storm drainage facilities, water mains, sewers, streetlights and signs, street trees, and fire hydrants, except where waivers may be requested, and the Planning Board may waive, subject to appropriate conditions, such improvements as it considers may be omitted without jeopardy to the public health, safety and general welfare.
(2) 
Pedestrian easements shall be provided as required by the Town Planning Board. Such grading and improvements shall be approved as to design and specifications by the Town Engineer or Highway Superintendent.
(3) 
Installation of fire hydrants shall be in conformity with all requirements of standard thread and nut as specified by the New York Fire Insurance Rating Organization and the Division of Fire Safety of the State of New York.
(4) 
Streetlighting facilities shall be in conformance with the lighting system of the Town, and such lighting standards and fixtures shall be installed after approval by the appropriate power company and the authorized Town Zoning and Building Inspector or other designated official.
C. 
Utilities and easements.
(1) 
The Planning Board shall, wherever possible, require that underground utilities be placed in the street right-of-way between the paved roadway and right-of-way to simplify location and repair of lines when they require attention.
(2) 
The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the street is paved.
(3) 
Where topography is such as to make impractical the inclusion of utilities within the street rights-of-way, perpetual unobstructed easements at least 20 feet in width shall be otherwise provided with satisfactory access to the street.
(4) 
Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required.
D. 
Grades.
(1) 
Grades of all streets shall conform in general to the terrain and shall not be less than 1/2% or more than 6% for major or collector streets, or more than 10% for minor streets in residential zones, but in no case more than 3% within 50 feet of any intersection.
(2) 
All changes in grade shall be connected by vertical curves of such length and radius as meet with the approval of the Town Zoning Enforcement Officer or other designated official, so that clear visibility shall be provided for a safe distance.
E. 
Curves.
(1) 
All street right-of-way lines at intersections shall be rounded by curves with a radius in accordance with New York State Department of Transportation standards, and curbs shall be adjusted accordingly.
(2) 
A combination of steep grades and curves shall be avoided. In order to provide visibility for traffic safety, that portion of any corner lot (whether at an intersection entirely within the subdivision or of a new street with an existing street) which is shown shaded on the sketch below shall be cleared of all growth (except isolated trees) and obstructions above the level three feet higher than the center line of the street. If directed, ground shall be excavated to achieve visibility.
F. 
Dead-end streets and culs-de-sac.
(1) 
Where dead-end streets are designed to be so permanently, they should, in general, not exceed 500 feet in length and should preferably terminate in a hamme head turnaround meeting the requirements of the Fire Marshal.
(2) 
While permitted, culs-de-sac are not a preferred dead-end street configuration. All culs-de-sac shall have a minimum right-of-way radius of 60 feet and pavement radius of 50 feet.
(3) 
At the end of temporary dead-end streets, a temporary turnaround with a pavement radius of 50 feet shall be provided, unless the Planning Board approves an alternate arrangement.
G. 
Watercourses.
(1) 
Where a watercourse separates a proposed street from abutting property, provision shall be made for access to all lots by means of culverts or other structures of design approved by the Town Building and Zoning Inspector or other designated official.
(2) 
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way as required by the Town Zoning Enforcement Officer or other designated official, in no case less than 20 feet in width.
H. 
Curve radii. In general, street lines within a block, deflecting from each other at any one point by more than 10° shall be connected with a curve, the radius of which for the center line of the street shall not be less than 400 feet on major streets, 200 feet on collector streets and 100 feet on minor streets.
I. 
Commercial developments.
(1) 
Paved rear service streets of not less than 20 feet in width, or in lieu thereof adequate off-street loading space, suitably surfaced, shall be provided in connection with lots designed for commercial use.
(2) 
In front of areas zoned and designed for commercial use, or where a change of zoning to a zone which permits commercial use is contemplated, the street width shall be increased by such amount on each side 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 district.
A. 
All street names shown on a preliminary plat or subdivision plat shall be approved by the Town Board. In general, streets shall have names and not numbers or letters.
B. 
Proposed street names shall be substantially different so as not to be confused in sound or spelling with present names, except that streets that join or are in alignment with streets of an abutting or neighboring property shall bear the same name. Generally, no street should change direction by more than 90° without a change in street name.
A. 
Any driveway or right-of-way utilized as the principal means of access to a public street for more than three lots shall be considered a street and shall meet the requirements of a street pursuant to this chapter and chapter 158, Zoning.
B. 
Driveway grades between the street and the setback line shall not exceed 10%.
C. 
Access from private streets to public streets shall be deemed acceptable only if such streets are designed and improved in accordance with this chapter and Chapter 158.
D. 
All rights-of-way utilized, or designed to be utilized in the future or implied to be utilized in the future, for the provision of access to a public street for more than three lots shall be designed and constructed pursuant to the regulations for streets as defined in this chapter and in Chapter 158 upon the initial utilization of such right-of-way by any approved building lot.
A. 
The lot arrangement shall be such that in constructing a building in compliance with Chapter 158, Zoning, there will be no foreseeable difficulties for reasons of topography or other natural conditions.
B. 
All side lines of lots shall be at right angles to straight street lines and radial to curved street lines, unless a variance from this rule will give a better street or lot plan.
C. 
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. 
Permanent monuments, meeting specifications approved by the Town Zoning and Building Inspector or other designated official as to size, type and installation, shall be set at such block corners, angle points, points or curves in streets and other points as the Town Zoning Enforcement Officer or other designated official may require, and their location shall be shown on the subdivision plat.
E. 
Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear.
F. 
Lots whose depths exceed four times the average width of the lot are to be discouraged. The Planning Board has full authority to ask for alternate drawings depicting lot configurations in conformity with this principal.
G. 
All lots shall have frontage on a public street or right-of-way or shall be provided permanent access to a private right-of-way for the provision of access to a public street or right-of-way.
A. 
The stem or narrow right-of-way portion of flag lots shall not be less than 30 feet in width. However, this may be reduced to 25 feet if utilizing an existing driveway with a shared access agreement.
B. 
The stem portion of the flag lot generally should not be longer than 15 times the average stem width, and in no instance shall the distance between the public right-of-way and the flag portion of the lot exceed 500 feet.
C. 
No flag lot stem shall abut more than one other flag lot stem, nor shall flag lot stems be double-stacked across a common road.
D. 
For flag lots where the stem portion of the lot is more than 60 feet but less than the required minimum lot width pursuant to Chapter 158, the driveway shall meet standards for a road as defined in this chapter and Chapter 158.
E. 
No parent parcel in effect at the time of adoption of this chapter shall be subdivided such that more than three new flag lots are created from such parent parcel at any time in the future, including the future subdivision of any post-adoption subdivided non-flag-lot parcel.
F. 
Side and rear building setbacks on the flag portion of the lot are the same as the given district.
G. 
The front yard setback for buildings on the flag portion of the lot shall be 40 feet from the rear lot line of the adjacent parcel fronting the public or private street.
H. 
Minimum lot area requirements shall be calculated from the flag portion of the lot only and shall not include the stem and shall meet the minimum required for the given district.
The subdivider shall be required to ensure compliance with any stormwater pollution prevention plan (SWPP) approved on the date of application.
A. 
Pursuant to Town Law § 274-a and where a proposed recreation area, park or open space shown on the Town Plan is located in whole or in part in a subdivision, the Board may require that such area or areas be shown on the plat in accordance with the requirements specified in Subsection B, below. Such area or areas may be dedicated to the Town, county or other appropriate entity by the subdivider if the Town Board approves such dedication.
B. 
Where a proposed recreation area, park or open space is shown on the Town Plan, the Planning Board may require that the plat show sites of a character, extent and location suitable for the development of a recreation area, park or open space.
(1) 
The Planning Board may require that the developer satisfactorily grade any such recreation areas shown on the plat.
(2) 
In the event of the provision of open space pursuant to Town Law § 274-a, the Planning Board shall require that not less than one acre of recreation space be provided per 50 dwelling units shown on the plat. This calculation shall be based on the cumulative number of dwelling units platted from the original parent parcel retroactively applied to a point of beginning at the adoption of this chapter.
(3) 
The number of dwelling units shall be measured as an aggregate of all dwelling units indicated on said plat, regardless of phasing, and required recreation areas shall be constructed in tandem with dwelling units as an additional form of supporting infrastructure.
(4) 
In no instance shall the amount of recreation space provided be less than 10% of the total area of the subdivision, nor shall the Planning Board require that more than 15% of the total area of the subdivision be provided as recreation space.
(5) 
Such area or areas may be dedicated to the Town or county by the subdivider if the Town Board approves such dedication.
C. 
Information to be submitted. In the event that an area to be used for a recreation is required to be so shown, the subdivider shall submit to the Board, prior to final approval, three prints, at a scale of not less than 30 feet to the inch, depicting such area and the following features thereof:
(1) 
The boundaries of the said area, giving lengths and bearings of all straight lines; and radii, lengths, central angles and tangent distances of all curves.
(2) 
Existing features, such as brooks, ponds, clusters of trees, rock outcrops, and structures.
(3) 
Existing and, if applicable, proposed changes in grade and contours of the said area and of the area immediately adjacent.
D. 
Waiver of plat designation of recreation areas.
(1) 
In cases where the Planning Board finds that, due to the size, topography or location of the subdivision, land for park, playground or other recreation purpose cannot be properly located therein, or if in the opinion of the Board it is not desirable, the Board may waive the requirement that the plat show land for such purposes.
(2) 
In waiver instances, the Board shall require, as a condition to approval of the plat, a payment to the Town of a dollar consideration per building lot (to be established by the Town Board).
(3) 
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.
(4) 
All such payments shall be held by the Town Board in a special Town Recreation Site Fund for the purpose of acquisition of land that is suitable for permanent park, playground or other recreational purposes and that is so located that it will serve primarily the general neighborhood in which the land covered by the plat lies, and such payments shall be used only for park, playground or other recreational land acquisition or improvements.
(5) 
Such monies 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, providing the Planning Board finds there is a need for such improvements.
E. 
Reserve strips of land, which might be used to control access from the proposed subdivision to any neighboring property or to any land within the subdivision itself, shall be prohibited.
F. 
The Planning Board shall, wherever possible, establish the preservation of all natural features which add value to residential developments and to the community, such as large trees or groves, watercourses and falls, beaches, historic spots, vistas and similar irreplaceable assets.
Where a subdivision plat proposes a new residential single-family subdivision which creates more than two additional lots from a single parent parcel adjacent to an existing nonresidential or nonagricultural use or district, the Planning Board shall require of the subdivider, prior to the sale of said lots, an appropriately designed, engineered and installed buffer area 20 feet in depth.
No grading, excavation or tree/vegetation removal shall be permitted, whether to provide for a building site, for on-site utilities or services or for any roads, prior to final approval of the subdivision plat or the issuance of a zoning permit, driveway permit and/or building permit. In some cases, preliminary grading may be allowed with written approval from the Planning Board.