Town of Eden, NY General Requirements and Design Standards

Intersections of roads shall be at angles as close to 90º as possible. Toward this end, an oblique road should be curved approaching an intersection and should be approximately at right angles for at least 100 feet therefrom. Where three or more roads intersect, a turning circle or other special treatment may be required by the Planning Board. Wherever two roads intersect at an angle of less than 75º, the right-of-way returns and the relation of gutter grades shall be given special treatment, as determined by the Board, and islands to channelize traffic may be required.

Intersections of collector and industrial roads by other roads shall be at least 800 feet apart, if possible. Cross (four-cornered) road intersections shall be avoided insofar as possible, except as shown on the Town Comprehensive Plan or at other important traffic intersections. A distance of at least 150 feet shall be maintained between center lines of offset intersecting roads, including local streets. Grades shall be limited to not more than 2% within 75 feet of an intersection.

[Amended 7-14-1993 by L.L. No. 3-1993]

Continuation of roads into adjacent property; temporary dead-end roads.

The arrangement of roads shall provide for the continuation of roads between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection or efficient provision of utilities and where such continuation is in accordance with the Town Comprehensive Plan. If the adjacent property is undeveloped and the road must be a dead-end road temporarily, the right-of-way shall be extended to the property line. A temporary circular or L-shaped turnaround shall be provided on all temporary dead-end streets, in accordance with design standards specified in the Town construction standards and specifications, with the notation on the subdivision plat that land outside the normal road right-of-way shall revert to abutters whenever the street is continued. The Planning Board may limit the length of temporary dead-end roads in accordance with Subsection I.

[Amended 7-13-1993 by L.L. No. 3-1993]

In those cases where a proposed subdivision lies adjacent to an existing development and where the connection of a proposed road to an existing road by means of an extension over a previously platted but undeveloped or partially developed right-of-way is needed, the Planning Board may require the construction of such road extension as a condition of final plat approval.

Where a temporary turnaround exists at the end of a road within another development to which a proposed road is to connect, the Planning Board shall require the removal of the portions of the turnaround pavement outside of the normal width of the traveled way, any necessary reconstruction of the pavement edge and the regrading and seeding of the disturbed areas in such a manner as to blend them in with the surrounding landscape.

Permanent dead-end roads.

Where a road does not extend to the boundary of the subdivision and its continuation is not required by the Board for access to adjoining property, its terminus shall normally not be nearer to such boundary than 50 feet. However, the Planning Board may require the reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic or utilities. A circular or L-shaped turnaround shall be provided at the end of a permanent dead-end road in accordance with the Town construction standards and specifications.

[Amended 7-13-1993 by L.L. No. 3-1993]

For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets shall, in general, be limited in length in accordance with Subsection I. Where it is impossible to subdivide a property except by a dead-end road which is longer than permitted by these regulations, the Board may require that a divided roadway with center mall be constructed (in a larger right-of-way than normally required) in such a manner that either side of the roadway could be used, in emergencies, for two-way traffic.

Road names. The sketch plat as submitted shall not indicate any names upon proposed roads. The Planning Board shall name all roads at the time of preliminary approval. The local postmaster shall be consulted by the Planning Board prior to rendering its decision. Names shall be sufficiently different in sound and in spelling from other road names in the Town so as not to cause confusion. A road which is or is planned as a continuation of an existing road shall bear the same name.

Location, width and improvement of roads. Roads shall be suitably located, of sufficient width and adequately improved to accommodate the prospective traffic and to afford satisfactory access to police, fire-fighting, snow-removal or other road-maintenance equipment and shall be coordinated as to compose a convenient system. The location, arrangement or design of roads shall be such as to cause no undue hardship to adjoining properties.

Reserve strips. The creation of reserve strips adjacent to a proposed road in such a manner as to deny access from adjacent property to such road shall not be permitted.

Design standards for new roads. In order to provide for the objectives set forth in Subsection G above, roads shall meet the design standards set forth in the following table. Road classification may be indicated on the Town Comprehensive Plan or Official Map; otherwise, it shall be determined by the Planning Board.

[Amended 7-14-1993 by L.L. No. 3-1993]

Road Classification	Minimum Width of Right-of-Way (feet)	Minimum Width of Road Pavement (not including gutter curb width) (feet)
Local	70	22
Collector	70	26
Industrial access	70	30
Road pavement, shoulders, drainage structures, curbs, etc.	(See Town construction standards and specifications. Designs are subject to review with the Town Engineer and Superintendent of Highways.)

Improvement				Residential	Nonresidential
Maximum grade
	Local road			10%	6%
	Collector road			8%	6%
	Industrial access road			8%	6%
Minimum grade
	All road classifications			1%	1%
Minimum radius of curve at center line (feet)
	Local road			150	200
	Collector road			175	250
	Industrial access road			175	250
Minimum width of road pavement
	All road classifications			100 feet, but not less than 20 feet for each one-percent algebraic difference in grade
Minimum length of tangents between reverse curves (feet)
	All road classifications			100	200
Minimum sight distance (feet)
	All road classifications			200	250
	At intersections
		Across corner		50 feet back from intersection right-of-way
Minimum turnaround (feet)
	Local road
		Circular cul-de-sac diameter of right-of-way		150	150
			Pavement (minimum)
			Local	102	102
			Collector	106	106
			Industrial access	110	110
		L-shaped		(See Town construction standards and specifications)
Sidewalks¹
	All road classifications			4 feet wide, where required
Minimum radius at intersections² (feet)
	Right-of-way			25	30
	Pavement			35	40
Maximum length of dead-end roads
	Permanent, public			Serving no more than 14 families
	Temporary			Serving no more than 25 families

NOTES:

¹Sidewalks shall be mandatory in subdivisions in all Hamlet Residential Zone areas; in other areas of the Town, sidewalks shall be provided at the discretion of the Planning Board.

²NYSDOT requirements could alter those established in this; however, decreased radii would require Planning Board approval.

§ 184-32 Improvements.

Road improvements.

Roads shall be graded and improved and conform to the Town construction standards and specifications and shall be approved as to design and specifications by the Town Engineer.

Where a subdivision borders an existing narrow road or when the Town Comprehensive Plan or Official Map indicate a proposed realignment or widening of a road that would require use of some of the land in the subdivision, the applicant shall be required to improve and dedicate at his or her expense such areas for widening or realignment of such roads. Such bordering roads shall be improved and dedicated by the applicant at his or her own expense to the full width as required by these subdivision regulations.

Drainage improvements.

The applicant shall be required by the Planning Board to carry away by pipe any spring or surface water that may exist either previously to or as a result of the subdivision. Such drainage facilities shall be located in the road rights-of-way, where feasible, or in perpetual unobstructed easements of appropriate width, and shall be constructed in accordance with the Town construction standards and specifications.

[Amended 7-14-1993 by L.L. No. 3-1993]

A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The applicant's engineer shall determine the necessary size of drainage facility, based on the provisions of the Town construction standards and specifications, assuming conditions of maximum potential watershed development permitted by Chapter 225, Zoning. Accommodations for proper drainage shall also be determined by the Guidelines for Urban Erosion and Sediment Control, as amended, for the State of New York.

The applicant's engineer shall also study the effect of the subdivision on existing downstream drainage facilities outside the area of the subdivision and prepare a report to be submitted to the Planning Board. The Planning Board may withhold approval of the subdivision until provision has been made for improvement of drainage condition or, in the alternative, the applicant may deposit the full cost of the required improvement of resulting drainage conditions in such sum as the Planning Board shall determine, in a manner established by the Town. No subdivision shall be approved unless adequate drainage will be provided to an adequate drainage watercourse or facility. Refer to Erie/Niagara Counties Regional Planning Board Manual entitled "Storm Drainage Design Manual."

(4)

The Planning Board shall, when it deems it necessary for the health, safety or welfare of the present and future population of the area and necessary to the conservation of wetlands, water, drainage and sanitary facilities, prohibit the subdivision of any portion of the property which lies within a wetland or within the floodplain of any stream or drainage course. These wetland and floodplain areas shall be preserved from any and all destruction or damage resulting from clearing, grading or dumping of earth, waste material or stumps, except at the discretion of the Planning Board and any other approval agency having jurisdiction.

Other improvements.

Road name and traffic control signs. The applicant shall deposit with the Town at the time of final subdivision approval a sum established in the Town Standard Schedule of Fees[1] for each road name and traffic control sign required within the subdivision by the Superintendent of Highways and Town Engineer. The Town shall install all such signs before issuance of certificates of occupancy for any residence on the roads approved.

[1]

Editor's Note: The Standard Schedule of Fees is on file in the Town offices.

Road lighting standards. Road lights of a type approved by the Town Engineer shall be required in all subdivisions. The applicant shall have such road lights installed prior to the issuance of any certificate of occupancy, and they are to be maintained at the applicant's sole expense until such time as the roads have been accepted by the Town. In the case of a subdivision involving a county or state highway, approval shall be obtained from the County Superintendent of Highways.

Shade trees. The subdivider shall plant all trees required by the Planning Board prior to dedication of the streets shown in the subdivision. All such shade trees are prohibited from planting in the road right-of-way.

[Amended 7-14-1993 by L.L. No. 3-1993]

(4)

Sanitary sewer facilities and sanitary sewer districts.

(a)

The applicant shall install sanitary sewer facilities as required by the Planning Board in a manner prescribed by the Town construction standards and specifications. All plans shall be designed in accordance with the rules, regulations and standards of the Town Engineer, County Health Department and other appropriate agencies.

(b)

Necessary action shall be taken by the applicant to enable the Town Board to extend or create a sanitary sewer district for the purpose of providing sanitary sewers to the subdivision where no district exists for the land to be subdivided.

(5)

Fire hydrants and water districts.

(a)

Necessary action shall be taken by the developer to enable the Town Board to extend or create a water supply district for the purpose of providing domestic water and fire hydrants to the subdivision as well as potable drinking water. To eliminate future road openings, all underground utilities for fire hydrants, together with the fire hydrants themselves, shall be installed before any final paving of a road shown on the subdivision plat. All major subdivisions must provide potable water from a public water supply.

(b)

To facilitate the above, the location of all fire hydrants and the boundary lines of the proposed district, indicating all improvements proposed to be served, shall be shown on the preliminary plat and/or construction plans.

(6)

Fire alarm signal devices. Where required by the Planning Board, the applicant shall install fire alarm signal devices, including necessary ducts, cables and other connecting facilities, of a type and in a manner and location prescribed by the appropriate fire district having jurisdiction.

Utilities. All utility facilities, including gas, electricity, cable television, etc., shall be located underground throughout the subdivision. Wherever existing utility facilities are located above ground, except where existing on public roads and rights-of-way, they shall be removed and placed underground. All utility facilities existing and proposed throughout the subdivision shall be shown on the preliminary plat and/or construction plans. Underground service connections to the road property line of each platted lot shall be installed at the applicant's expense. At the discretion of the Planning Board, the requirement for service connections to each lot may be waived in the case of adjoining lots to be retained in single ownership and intended to be developed for the same primary use.

School bus pickup areas. Whenever a proposed new subdivision road intersects with a collector road, the applicant may be required by the Planning Board to reserve, clear, grade and pave an area safe, suitable and adequate for the use of children awaiting school buses. The size of such area shall generally be equal to a least 10 square feet for each lot within the proposed subdivision, but in no case less than 100 square feet or more than 200 square feet in total area or less than 10 feet in any dimension. Such area shall be continued within the right-of-way of the proposed subdivision.

[Amended 7-14-1993 by L.L. No. 3-1993]

§ 184-33 Lots.

Lot arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with Chapter 225, Zoning, and all other pertinent regulations, and in providing driveway access to buildings on such lots from an approved road.

Access across a watercourse. Where a watercourse separates the buildable area of a lot from the road by which it has access, provisions shall be made for installation of culvert or other structure, of design approved by the Town Engineer.

Lot dimensions. Lot dimensions shall comply with the minimum standards of Chapter 225, Zoning. Where lots are more than double the minimum required area for the zoning district, the Planning Board may require that such lots be arranged so as to allow further subdivision and the opening of future roads where they would be necessary to serve such potential lots, all in compliance with Chapter 225, Zoning, and these regulations.

Side lot lines. In general, side lot lines shall be at right angles to street lines (or radial to curving street lines) unless a variation from this rule will give a better street or lot plan.

Access from collector roads. Lots shall not, in general, derive access exclusively from a collector road. Where driveway access from a collector road may be necessary for several adjoining lots, the Planning Board may require that such lots be served by a combined access drive in order to limit possible traffic hazard on such road. Where possible, driveways should be designed and arranged so as to avoid requiring vehicles to back into traffic on collector roads.

[Amended 7-14-1993 by L.L. No. 3-1993]

Double frontage lots. Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from major roads or to overcome specific disadvantages of topography and orientation.

Corner lots. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum setback and yard requirements from both roads.

Water bodies. If a tract being subdivided contains a water body, or portion thereof, lot lines shall be so drawn as to distribute the entire ownership of the water body among the fee simple owners of adjacent lots. The Planning Board may approve an alternative plan whereby the ownership of and responsibility for safe maintenance of the water body is so placed that it will not become a Town responsibility.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Fencing. Each subdivider and/or developer shall be required to furnish and install all fences wherever the Planning Board determines that a hazardous condition may exist. Said fences shall be constructed according to standards established by the Town Engineer and shall be six feet in height, and the materials shall be noted on the final plat and/or construction plans.

Lots in subdivisions in two or more zoning districts or municipalities.

Wherever possible, a lot should not be divided by a zoning boundary. If such a division is necessary in the interests of the overall layout, the boundaries of that lot shall be so laid out that it may be developed in accordance with the standards of the more restrictive zoning district.

In general, lot lines shall be laid out so as not to cross municipal boundary lines. Where this is necessary, the Planning Board shall require that the deed for any such lot in the other municipality may not be separated from the portion within the Town nor occupied by any other use that would make the lot use nonconforming if the lot were entirely within the Town.

Lot driveways. Where practical, lots which abut two or more roads shall be laid out so that driveways have access to the road which carries or is expected to carry less traffic. In general, driveway grades between the curbline and the road right-of-way line shall not exceed 10%. Driveways shall not extend in front of adjoining property and, in general, shall be perpendicular to the road right-of-way.

Turnaround driveways. Turnaround driveways shall be mandatory on certain roads in the Town of Eden. They are to include: Route 62, Route 75, East Eden Road, Jennings Road, East Church Street and West Church Street.

§ 184-34 Reservations for parks, playgrounds and recreation areas.

Recreation standards. The Town of Eden requires that land shall be reserved for parks, playgrounds or other recreational purposes in locations designated in the Town Comprehensive Plan or Official Map, or otherwise where such reservation would be appropriate. The final decision on the conditions of said reserved lands shall be with the Eden Town Board based on recommendations included in a report(s) from the Planning Board and Recreation Department. This report(s) and Town Board decision may also necessitate the applicant to take an alternative approach. (See Subsection E of this section, Alternative procedure; money in lieu of land.) Each reservation shall be of suitable size, dimension, topography and general character and shall have adequate road access and the same infrastructure as the proposed subdivision (i.e., water, sewer, electric, etc., must be extended to the site and any other improvements required by the Town to be made), for the particular purpose envisioned by the Planning Board and Recreation Department. The area shall be shown and marked on the plat "Reserved for General Municipal Purposes." When recreation areas are required, the Planning Board shall determine the number of acres to be reserved based on 10% of the gross site area of the subdivision. The applicant shall dedicate all such recreation areas to the Town as a condition of final subdivision plat approval. All land to be reserved for dedication to the Town for park purposes shall have prior approval of the Town Board.

[Amended 5-24-1995 by L.L. No. 1-1995; 7-8-1998 by L.L. No. 4-1998]

Minimum size of park and playground reservations. In general, land reserved for recreation purposes shall have an area of at least four acres. When the percentage from Subsection A above would create less than four acres, the Planning Board may require that the recreation area be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided. In no case shall an area of less than two acres be reserved for recreation purposes if it will be impractical or impossible to secure additional lands in order to increase its area. Where recreation land in any subdivision is not reserved, or the land reserved is less than the percentage in Subsection A, the provisions of Subsection E shall be applicable.

Recreation sites. Land reserved for recreation purposes shall be of a character and location suitable for use as a playground, playfield or other recreational purpose and shall be relatively level and dry. This land, which shall be deeded to the Town, shall be in a suitable condition as determined by the Town (i.e., debris removed, leveled, left untouched, etc.). In general, a recreational site shall have a total frontage, on one or more roads, of at least 200 feet, and no other dimension of the site shall be less than 200 feet in depth.

[Amended 7-8-1998 by L.L. No. 4-1998]

Other recreation reservations. The provisions of this section are minimum standards. None of the subsections above shall be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section.

Alternative procedure; money in lieu of land. Where, with respect to a particular subdivision, the reservation of land required pursuant to this section cannot be accomplished or is not desirable to the Town [as determined in a report(s) from the Planning Board and Recreation Department to the Town Board], the applicant shall pay a fee in lieu of dedication of land. This determination will be made prior to final subdivision approval and will require the applicant to deposit with the Town a cash payment in lieu of land reservation. Such deposit shall be placed in a trust fund and will be due in its entirety when final subdivision approval is given by the Planning Board. Such deposit shall be used by the Town for park, playground and other recreational purposes, including acquisition of property. The fee for this payment in lieu of land shall be based on the Town of Eden's adopted Recreation Fee Schedule.[1]

[Amended 5-24-1995 by L.L. No. 1-1995; 7-8-1998 by L.L. No. 4-1998]

[1]

Editor's Note: See Ch. 108, Fees.

Applicability to land utilizing cluster development. Any subdivision plat in which cluster development has been utilized, pursuant to the average density resolution of the Town of Eden, shall not be exempt from the provisions of this section, except as to such portion of land which is actually dedicated to the Town for park and recreation purposes. If no further area, other than the area to be reserved through clustering, is required by the Planning Board, the full fee shall be paid, as required in Subsection E and the Town's Recreation Fee Schedule. Such fees may be waived or reduced if further land is required, apart from that reserved for clustering.

[Amended 7-8-1998 by L.L. No. 4-1998; 3-24-1999 by L.L. No. 1-1999]

Subdivisions of land which are minor subdivisions are not exempt from the provisions of this section. Except that, typically, for minor subdivisions, land meeting the criteria of Subsection B of this section cannot be met, therefore the requirements of Subsection E of this section are enforced (payment in lieu of land — see Recreation Fee Schedule).

[Added 5-24-1995 by L.L. No. 1-1995; amended 7-12-1995 by L.L. No. 4-1995; 7-8-1998 by L.L. No. 4-1998]

§ 184-35 Other reservations.

Widening or realignment of existing roads. As required in § 184-32A(2), where the realignment or widening of a perimeter road requires use of some of the land in a subdivision, the applicant shall be required to show areas for widening or realigning such roads on the plat, marked "Reserved for General Municipal Purposes."

Utility and drainage easements.

Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities within the road rights-of-way, perpetual unobstructed easements at least 30 feet in width for such utilities or drainage facilities shall be provided across property outside of the road lines and with satisfactory access to the road. Easements shall be indicated on the final plat. Drainage easements shall be carried from the road to a natural watercourse or to other drainage facilities. Easements shall be cleared and cleaned by the applicant to facilitate maintenance by the Town.

When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the final plat.