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 VI herein.
Character of land. 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.
Specifications for required improvements. All required
improvements shall be constructed or installed to conform to the Town
specifications, which may be obtained from the Town Clerk.
Width, location and construction. Streets shall be
of sufficient width, suitably located and adequately constructed to
conform with the Comprehensive Plan, if such exists, and to accommodate
the prospective traffic and afford access for fire fighting, snow
removal and other road maintenance equipment. 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.
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 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, 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.
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 nonaccess 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.
Provision 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.
Dead-end streets. The creation of dead-end or loop
residential streets will be encouraged wherever the Board finds that
such type of development will not interfere with normal traffic circulation
in the area. In the case of dead-end streets, where needed or desirable,
the Board may require the reservation of a twenty-foot-wide easement
to provide for continuation of pedestrian traffic and utilities to
the next street. 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 bond has been filed.
Block size. Blocks generally shall not be less than
400 feet nor more than 1,200 feet in length. In general, no block
width shall be less than twice the normal lot depth. In blocks exceeding
800 feet in length, the Planning Board may require the reservation
of a twenty-foot-wide easement 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 four-foot-wide
paved footpath be included.
Angle of intersection. 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.
Relation to topography. 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. Grades of streets shall conform as closely as possible to
the original topography.
Other required streets. Where a subdivision borders
on or contains a railroad right-of-way or limited access highway right-of-way,
the Planning Board may require the installation by the subdivider
of a fence or suitable barricade for the protection of residents in
the general vicinity.
Widths of right-of-way. Streets shall have the following
widths. (When not indicated on the Comprehensive Plan, if such exists,
the classification of streets shall be determined by the Board):
Improvements. 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. Pedestrian easements shall be improved
as required by the Town Engineer. Such grading and improvements shall
be approved as to design and specifications by the Town Engineer.
Fire hydrants. 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.
Streetlighting facilities. Lighting facilities shall
be in conformance with the lighting system of the Town. Such lighting
standards and fixtures shall be installed after approval by the appropriate
power company and the authorized Town electrical inspector.
Utilities in streets. The Planning Board shall, wherever
possible, require that underground utilities be placed in the street
right-of-way between the paved roadway and street line to simplify
location and repair of lines when they require attention. 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.
Utility easements. Where topography is such as to
make impractical the inclusion of utilities within the street right-of-way,
perpetual unobstructed easements at least 20 feet in width shall be
otherwise provided with satisfactory access to the street. 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.
Grades. Grades of all streets shall conform in general
to the terrain, and shall not be less than one nor more than 6% for
major or collector streets, or 10% for minor streets in residential
zones, but in no case more than 3% within 50 feet of any intersection.
Changes in grade. All changes in grade shall be connected
by vertical curves of such length and radius as to meet with the approval
of the Town Engineer so that clear visibility shall be provided for
a safe distance.
Curve radii at street intersections. All street right-of-way
lines at intersections shall be rounded by curves of at least 20 feet
radius, and curbs, if required, shall be adjusted accordingly.
Steep grades and curves; visibility of intersections.
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
Sketch A 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.
Dead-end streets (culs-de-sac). Where dead-end streets
are designed to be so permanently, they should, in general, not exceed
500 feet in length, and shall terminate in a circular turnaround having
a minimum right-of-way radius of 60 feet and pavement radius of 50
feet. 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.
Watercourses. 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 Engineer. 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 Engineer,
and in no case less than 20 feet in width.
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 street shall be not less than 400 feet on major streets, 200
feet on collector streets and 100 feet on minor streets.
Service streets or loading space in commercial development.
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.
Free flow of vehicular traffic abutting commercial
developments. 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.
Type of name. All street names shown on a preliminary
plat or subdivision plat shall be approved by the Planning Board.
All streets shall have suitable names and not numbers or letters.
Names to be substantially different. 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.
Lots to be buildable. The lot arrangement shall be such that in constructing a building in compliance with Chapter 190, Zoning, there will be no foreseeable difficulties for reasons of topography of other natural conditions. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear.
Side lines. 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.
Corner lots. 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.
Driveway access. Driveway access and grades shall
conform to specifications of the Town driveway ordinance, if one exists.[1] Driveway grades between the street and the setback line
shall not exceed 10%.
Access from private streets. Access from private streets
shall be deemed acceptable only if such streets are designed and improved
in accordance with these regulations.
Monuments and lot corner markers. Permanent monuments
meeting specifications approved by the Town Engineer as to size, type
and installation, shall be set at such block corners, angle points,
points of curves in streets and other points as the Town Engineer
may require, and their location shall be shown on the subdivision
plat.
Removal of spring and surface water. The subdivider
may be required by the Planning Board to carry away by pipe or open
ditch any spring or surface water that may exist either previous to,
or as a result of the subdivision. Such drainage facilities shall
be located in the street right-of-way where feasible, or in perpetual
unobstructed easements of appropriate width.
Drainage structure to accommodate potential development upstream. 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 Town Engineer shall approve the design and size of facility based on anticipated runoff from a ten-year storm under conditions of total potential development permitted by Chapter 190, Zoning, in the watershed.
Responsibility from drainage downstream. The subdivider's
engineer shall also study the effect of each subdivision on the existing
downstream drainage facilities outside the area of the subdivision;
this study shall be reviewed by the Town Engineer. Where it is anticipated
that the additional runoff incident to the development of the subdivision
will overload an existing downstream drainage facility during a five-year
storm, the Planning Board shall notify the Town Board of such potential
condition. In such case, the Planning Board shall not approve the
subdivision until provision has been made for the improvement of said
condition.
Land subject to flooding. Land subject to flooding
or land deemed by the Planning Board to be uninhabitable shall not
be platted for residential occupancy, nor for such other uses as may
increase danger to health, life or property, or aggravate the flood
hazard, but such land within the plat shall be set aside for such
uses as shall not be endangered by periodic or occasional inundation
or improved in a manner satisfactory to the Planning Board to remedy
said hazardous conditions.
Recreation areas shown on Town Plan. Where a proposed park, playground or open space shown on the Town Comprehensive Plan is located in whole or in part in a subdivision, the Board shall require that such area or areas be shown on the plat in accordance with the requirements specified in Subsection C below. Such area or areas may be dedicated to the Town or County by the subdivider if the Town Board approves such dedication.
Parks and playgrounds not shown on Town Comprehensive
Plan. The Planning Board may require that the plat show sites of a
character, extent and location suitable for the development of a park,
playground or other recreation purpose. The Planning Board may require
that the developer satisfactorily grade any such recreation areas
shown on the plat. The Board shall require that not less than five
acres of recreation space be provided per 100 dwelling units shown
on the plat. However, in no case shall the amount be more than 10%
of the total area of the subdivision. Such area or areas may be dedicated
to the Town or County by the subdivider if the Town Board approves
such dedication.
Information to be submitted. In the event that an
area to be used for a park or playground is required to be so shown,
the subdivider shall submit, prior to final approval, to the Board,
three prints (one on cloth) drawn in ink showing, at a scale of not
less than 30 feet to the inch, such area and the following features
thereof:
Waiver of plat designation of area for parks and playgrounds. 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 purposes 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. The Board shall then require as a condition to approval of the plat a payment to the Town of $500 per gross acre of land which otherwise would have been acceptable as a recreation site. The amount of land which otherwise would have been acceptable as a recreation site shall be determined in accordance with the standards set forth in Article IV, § 156-10B. 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. All such payments shall be held by the Town Board in a special Town Recreation Site Acquisition and Improvement Fund to be used for the acquisition of land that is suitable for permanent park, playground or other recreational purposes, and is so located that it will serve primarily the general neighborhood in which the land covered by the plat lies, and it shall be used only for park, playground or other recreational land acquisition or improvement. Such money 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, provided that the Planning Board finds there is a need for such improvements.
School sites. Upon receipt from the School Board of
a letter declaring their interest in a school site of a specific size
and location within a proposed subdivision, the Planning Board may
require a subdivider to set aside such area. Upon the failure of the
proper authority to purchase such school site within 36 months after
the date of the approval of the plat, the subdivider, upon application
to the Planning Board and approval of such application, shall be relieved
of the responsibility of showing such land for public purposes.
Reserve strips prohibited. 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.
Preservation of natural features. 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. No tree with a diameter
of eight inches or more as measured three feet above the base of the
trunk shall be removed unless such tree is within the right-of-way
of a street as shown on the final subdivision plat. Removal of additional
trees shall be subject to the approval of the Planning Board. In no
case, however, shall a tree with a diameter of eight inches or more
as measured three feet above the base of the trunk be removed without
prior approval by the Planning Board.