The design standards and requirements set forth
in this article shall be observed as minimums by the subdivider in
the design of each subdivision within Town of Deerpark. The Planning
Board shall require more restrictive standards where necessary to
protect health, safety and welfare of the public, and where circumstances
unique to the property so dictate.
A.
Those areas which are subject to such hazards of life,
health, or property as may arise from fire, flood or noise, or are
considered to be uninhabitable for other reasons, may not be subdivided
for building purposes unless the hazards have been eliminated or the
plans show adequate safeguards correcting the hazards.
B.
In addition, the Town may rely upon information contained
in its Comprehensive Plan[1] and, in determining and evaluating potential hazards use
historical records, soil evaluations, engineering studies, expert
opinions, established standards used by licensed insurance companies
or in professional practice, and federal, state, or local policies.
C.
All portions of a tract being subdivided shall be
taken up in lots, streets, public lands, dedicated open space or other
proposed uses, so that remnants and landlocked areas shall not be
created. The layout of a subdivision shall also be planned with consideration
to existing nearby developments or neighborhoods, so that the development
is coordinated in terms of traffic movement, drainage, and other reasonable
considerations.
D.
In all subdivisions, care shall be taken to preserve
natural features such as trees, watercourses, views, and historical
features which will add attractiveness and value to the remainder
of the land. Where a subdivision of land is on a site that has a slope
of more than 15% the Planning Board may require larger lot sizes than
the minimum standards set forth herein.
E.
Damming, filling, relocating or other interference
with the natural flow of surface water along any surface water drainage
channel or natural watercourse shall not be permitted except with
the approval of the Planning Board and, where appropriate, DEC.
F.
Reserve strips controlling access to lots, public
rights-of-way, public lands or adjacent private lands are prohibited.
A.
Blocks shall ordinarily not exceed 1,200 feet in length.
B.
Pedestrian interior walks or trails may be required,
where necessary to assist circulation or provide access to community
facilities and open space. Such walks or trails shall have a right-of-way
width of not less than six feet and be all-weather-surfaced for not
less than three feet in width.
C.
Blocks shall be of sufficient width to permit two
tiers of lots of appropriate depth, except where an interior street
parallels a major street, or where it backs up to a railroad, creek,
or other natural barrier unsubdivided area.
D.
Where a subdivision adjoins a major highway (one which
is designated and marked for two lanes or more and carries at least
1,000 vehicles per day), the greater dimension of the block shall
front along said highway, and interior streets may be required to
minimize the number of points of access. Such streets may be required
whenever topographic conditions, traffic density or lack of proper
sight distance dictate for reasons of health and safety. Any subdivision
of five lots or more with frontages averaging less than 300 feet along
the highway shall be subject to this requirement, if the Planning
Board determines, after inspection, that safety demands restricting
access.
E.
No subdivision shall include more than three lots
where the average depth of the lot is more than four times its average
width, provided a restrictive covenant preventing future subdivision
is attached to the plan and deeds for subdivided properties.
F.
Cul-de-sac streets, permanently designed as such,
shall not exceed 800 feet in length and shall furnish access to not
more than nine dwelling units. Cul-de-sac streets shall have, at the
closed end, a turnaround with the right-of-way having an outside diameter
of not less than 80 feet and not more than 120 feet and shall be paved
to a diameter of not less than 80 feet and not more than 100 feet.
An inside landscaped area of not more than 60 feet in diameter shall
be encouraged. Drainage of culs-de-sac shall preferably be toward
the open end.
G.
All side lines of lots shall be at approximate right
angles to straight street lines and radial to curved street lines,
except where a variation to this rule will provide a safer layout.
H.
No remnants of land shall exist after subdividing,
unless designated as common area or dedicated to open space.
I.
Either of the two sides of a corner lot may be designated
as the front, provided the rear yard shall always be opposite the
frontage so designated.
J.
All lots shall front on a public or private street (existing or proposed) and the right-of-way of the principal access to any subdivision shall be a minimum of 50 feet in width. However, upon written request by the subdivider, the Town may grant a waiver from this and other street requirements of this chapter to permit access to no more than two single-family residential lots from a private drive, provided a release has been given the Town and approved by the Town Board making clear that the Town is exempted from all responsibility for the maintenance of the same and that the lot in question is not capable of being subdivided further or is so restricted. Evidence of satisfactory shared arrangements for ownership and maintenance of the drive shall also be provided. Also, see § 200-28A hereof.
K.
Monuments shall be placed at perimeter corners and
the corner of each street, and markers set at the corner of each lot,
consistent with surveyors' professional practice, to permanently and
accurately define the metes and bounds of the block and lots created.
The Planning Board may, in the case of subdivisions
of 25 or more lots or dwellings, require that not less than 10% of
the gross area of the entire tract, exclusive of lakes or ponds, be
reserved for common open space directly accessible from the lots to
be created. Such open space shall be suitable for recreational use
of the residents of the subdivision or the general community. The
following and similar facilities shall meet this requirement: trails,
swimming pools, tennis courts, riding and cycling paths, playgrounds,
community centers, and other open areas. Such areas as are designated
for play lots, parks and other outdoor recreational facilities shall
be of a size, shape and other physical characteristics so as to be
free of health and safety hazards and suitable for the designated
use. Sites so dedicated shall not be deemed to be accepted by the
Town unless and until the Town Board has taken formal action to accept
the same. The subdivider and the Town may also agree to otherwise
provide recreational land for the use of residents pursuant to the
authority of § 277 of the Town Law including fees in lieu
of dedication. A minimum of $500 per lot or dwelling unit shall be
required in such instance.
A.
Where a central water supply is available within 1,000
feet of the proposed residential development, the subdivider shall,
if legally and practically feasible, construct a system of water mains
tied to such system and provide a connection for each lot.
B.
Plans and specifications for central water systems
(i.e., extension of an existing system or a proposed new facility)
shall be prepared by a professional engineer and shall conform to
requirements of the New York State Department of Health and the local
Fire District(s). Suitable agreements shall also be established for
the ownership and maintenance of such distribution system.
C.
The applicant proposed a central water supply must
demonstrate ability to provide a minimum of 100 gallons of water per
capita per day (GPCD) and/or 400 gallons per day (GPD) for each residential
dwelling unit to be serviced. Service to industrial or commercial
establishments shall meet standards established by the American Water
Works Association or insurance industry underwriting standards.
D.
New central water supply wells shall be sited, drilled,
and tested under the direct supervision of a professional engineer
or a professional groundwater geologist. Wells shall be so located
that no potential pollution sources can exist within a one-hundred-foot
radius (200 feet if located downslope from the pollution source).
Wells shall also be located on reserved parcels.
A.
All residential lots shall contain suitable areas
for on-site sewage disposal systems or be served by an approved central
sewage disposal system. Plans and specifications for central systems,
as required by the New York State Department of Environmental Conservation
("DEC"), shall be submitted with all preliminary subdivision plats
and design standards shall meet DEC requirements. Formal approval
of DEC shall be required prior to final plat approval.
B.
When a central sewage disposal system is located within
1,000 feet of the proposed residential development, the subdivider
shall, if legally and practically feasible, provide a system of collection
lines to connect to said system. Regardless of this requirement, all
subdivision and land developments shall be provided with an adequate
sewage disposal system(s). Central sewage disposal systems shall also
be required for all residential lots and nonresidential developments
where on-site soil conditions are unsuitable for on-lot subsurface
sewage disposal systems.
C.
Where connection to a central sewage disposal system
is not required, on-site systems shall be provided in accordance with
criteria set forth by the New York Department of Health. The applicant's
professional engineer, subject to the approval of the Planning Board,
shall determine the number and location of test pits and soil percolation
tests necessary to determine the general suitability of soils throughout
the subdivision for on-site subsurface sewage disposal.
D.
Sanitary sewers shall not be used to carry stormwater.
In the event that any subdivider shall intend
to make land changes by grading, filling, excavating or the removal
or destruction of the natural topsoil or vegetative covering thereon
in accordance with a subdivision plan submitted to the Town, the same
shall only be approved and accomplished after the developer has submitted
to the Town an erosion and sedimentation control plan. Erosion control
measures shall be employed as necessary to prevent loss of soil from
erosion and also to prevent resulting property damage, siltation and
contamination of watercourses or impoundments. Erosion control measures
may include hay bales, silt fences or other provisions or combinations
thereof.
A stormwater drainage plan shall be required
for major subdivisions. Such a plan shall be prepared using DEC guidelines
and standards (see "Reducing the Impacts of Stormwater Runoff from
New Development"), but complying with the following standards.
A.
Stormwater drainage facilities shall be designed to
accommodate storms of a twenty-five-year frequency unless a more stringent
standard shall be required by the Planning Board. The general performance
standard shall be that the amount of uncontrolled stormwater leaving
the site along any property line after development shall not exceed
that estimated for the site prior to development. In instances where
stormwater facilities are impractical for engineering reasons the
Town may modify this standard as it applies to a particular project
but shall provide for the maximum practical reduction in flow which
can be achieved under the circumstances. The subdivider shall provide
full information, prepared by a professional engineer, regarding the
predevelopment stormwater flows and estimates at the time of application.
B.
The following additional requirements shall apply:
(1)
Lots shall be laid out and graded to prevent cross-lot
drainage away from proposed building areas. Natural drainagecourses
shall be maintained.
(2)
The existing points of natural drainage discharge
onto adjacent property shall not be altered, nor shall the rate of
water runoff be increased because of development, without the written
approval of all affected landowners.
(3)
No stormwater runoff or natural drainage water shall
be so diverted as to overload existing drainage systems, or create
flooding or the need for additional drainage structures on other private
properties or public lands, without complete approval of provisions
being made by the developer for properly handling such conditions.
(4)
Stormwater calculations and design shall be prepared
by a professional engineer, land surveyor, landscape architect or
others certified to perform such work.
(5)
Storm drainage facilities should be designed to handle
the anticipated peak discharge from the property being subdivided.
(6)
Where a subdivision is traversed by a watercourse,
there shall be provided a drainage easement of at least 25 feet to
each side of the stream from that stream bank, or such additional
width as will be adequate to preserve the unimpeded flow of natural
drainage.
(7)
Drainage structures that are located on State highway
rights-of-way shall be approved by the New York State Department of
Transportation, and evidence of the same shall be provided to the
Town prior to final plan approval.
(8)
All streets shall be so designed as to provide for
the discharge of surface water from their rights-of-way. The slope
of the crown on proposed streets shall be 1/4 inch per foot away from
the center line.
(9)
All proposed surface drainage structures shall be
indicated on the preliminary plat.
(10)
Drainage plans shall include all appropriate
designs, details and dimensions necessary to clearly explain proposed
construction materials and elevations.
(11)
Whenever storm drains are required by the Town,
such storm sewer systems shall be separate from the sanitary sewer
system. Storm drains or storm sewer facilities may be required in
any development situation where the Town Board determine that surface
drainage facilities are inadequate to prevent excessive erosion and
lot or road maintenance problems.
(12)
Drainage systems shall be designed in accordance
with engineering practice, using hydraulic computations to show effects
of the flow of water. The general standard shall be that the amount
of stormwater leaving the site along any property line after development
shall not exceed predevelopment stormwater flows for that area. In
no case shall any pipe system of less than 15 inches in diameter be
used underneath a street or driveway.
(13)
Where a subdivision is traversed by a watercourse,
drainageway, channel, or stream, there shall be provided a drainage
easement conforming substantially with the line of such watercourse,
drainageway, channel or stream, and of such width (minimum 20 feet)
as will be adequate to preserve the unimpeded flow of natural drainage,
or for the purpose of widening, deepening, relocating, improving or
protecting such drainage facilities.
(14)
All drainage systems and structures shall be
subject to the approval of the Engineer for the Town, or any such
other qualified person as may be appointed for this purpose by the
Planning Board.
A.
The arrangement, character, extent, width, grade and
location of all streets intended to be dedicated to the Town of Deerpark
shall conform to Street Specifications of the Town of Deerpark adopted
on March 24, 1986.[1] Nothing contained herein, however, shall be construed
in any way to require the Town of Deerpark to accept dedication of
any street. All such streets shall comply with the aforementioned
Town Street Specifications except as they may be modified below.
(1)
Every subdivision shall have access to an improved
public right-of-way meeting the standards set forth herein. All streets
shall, in general, be continuous, in alignment with existing streets
and shall compose a convenient system to insure circulation of vehicular
and pedestrian traffic.
(2)
Streets shall be logically related to the topography
so as to produce usable lots and reasonable grades as required by
this chapter.
(3)
Dead-end streets shall be prohibited, except as stubs
to permit future street extension into adjoining tracts, or when designed
as culs-de-sac.
(4)
Where adjoining areas are not subdivided, the arrangement
of streets in new subdivisions shall make provision for the extension
of streets.
(5)
Streets shall be laid out to intersect as nearly as
possible at right angles; in any event, no street shall intersect
another at less than 60°. Intersections of more than two streets
shall be avoided. Where this proves Impossible, such intersections
shall be designed with care for safety, and suitable curbs, barriers,
signs and other devices as may be required. Streets entering opposite
sides of another street shall be laid out directly opposite one another
or offset a minimum of 125 feet.
(6)
Street and driveway intersections with arterial streets
shall not be so numerous, nor so close to each other, as to impede
the flow of traffic.
(7)
Clear sight triangles shall be provided at all street
intersections. Within such triangles, no structure or vision-obstructing
object other than utility poles, streetlights, street signs, or traffic
signs shall be permitted which obscures vision above the height of
36 inches and below 10 feet measured from the center line grade of
intersecting streets. Such triangles shall be established from a distance
of 75 feet from the point of intersection of the center lines.
(8)
Whenever, in connection with a major subdivision,
the principal access (whether public or private) to such subdivision,
by virtue of bridge weight limits of less than 10 tons or other comparable
limitations, would restrict access to the property by emergency vehicles
or school buses, the subdivider shall so indicate in writing on the
final plats to be recorded and shall provide for notification to prospective
lot buyers through deed covenant provisions which shall be approved
by the Planning Board as to form.
B.
Alleys may be permitted in residential areas under
special circumstances, but in no case shall an alley provide the only
means of access to a lot. Alleys are required on the rear of all commercial
and industrial lots, if no other provisions are made for adequate
service access or for parking.
C.
Profiles.
(1)
No street grade shall be less than 1% or exceed the
following, with due allowances for reasonable vertical curves:
|
Type of Street or Way
|
Maximum Grade
(percent)
| |
|---|---|---|
|
Major traffic and collector streets
|
10%
| |
|
Minor streets
|
10% (up to 12% for 250 feet)
|
(2)
Streets shall have a grade not to exceed 2% for a
distance within 50 feet of the street right-of-way line of any intersecting
street.
D.
Cross section. The cross-section gradients of streets
shall be not less than 2%.
E.
Minimum vertical and horizontal visibility (measured
3.5 feet eye level to tail lights 1.5 feet above ground level), for
curves.
|
Type of Street or Way
|
Minimum Visibility Distance
(feet)
| |
|---|---|---|
|
Major highways
|
500
| |
|
Collector streets
|
300
| |
|
Minor streets
|
300
| |
|
Streets shorter than 500 feet
|
150
|
F.
The minimum right-of-way widths for streets are as
follows:
|
Type of Street or Way
|
Minimum Right-of-Way Width
(feet)
| |
|---|---|---|
|
Major streets
|
50
| |
|
Collector streets
|
50
| |
|
Minor streets
|
50
| |
|
Alleys
|
25
| |
|
Private drives
|
(See Subsection R)
|
G.
On all dead-end roads a turnabout area with a eighty-foot
diameter right-of-way and sixty-foot diameter traveled portion shall
be provided.
H.
The entire width of the travel way of each street in a proposed subdivision shall be graded and suitably prepared for installation of paving and drainage structures, in accordance with the appropriate standards for the class of street. The subgrade shall be free of sod, vegetative matter, or other similar material. Where poor subsurface drainage conditions exist, adequate drainage shall be installed. The subgrade construction shall conform to minimum standards of Chapter A234, Street Specifications.
I.
The width of pavement required shall vary, depending
upon the character of the development served and the amount of traffic
expected to utilize the street. The following are minimum street pavement
widths:
J.
The pavement shall be constructed in accordance with specifications and standards contained in Chapter A234, Street Specifications.
(1)
Street shoulders shall be constructed with materials as specified by Chapter A234, Street Specifications. The entire shoulder area shall be uniformly and thoroughly compacted by rolling and should slope gently from the edge of the roadway surface to the drainage ditch.
(2)
Embankments at the sides of streets and cross sections
of drainage ditches shall not exceed a maximum slope of three feet
horizontally to one foot vertically in a cut or fill section. In special
cases, the Engineer for the Town may require more rigid standards.
K.
In commercial or multifamily subdivisions or any other
case where other similar intensive uses exist or are anticipated,
curbs may be required, if such construction is deemed necessary for
public safety by the Planning Board, based on consultation with the
Engineer for the Town and shall be constructed to according to good
engineering practice. Curbs shall not be constructed, however, where
pavements are less than 22 feet in width.
L.
Where the grade of the street is above or below the
grade of the adjacent land, walls or slopes shall be constructed in
a manner satisfactory to the Planning Board, and shall be sufficient
to support the street or the adjacent land, as the case may be. Where
the grade of the street is three feet or more above the grade of the
adjacent land, guards shall be built to protect travel, if required
by the Engineer for the Town.
M.
All streets, including culs-de-sac and alleys, shall be constructed as shown on the Preliminary and final plat approved by the Planning Board and in conformity with Chapter A234, Street Specifications. Where such law does not provide a clear standard, the Town may rely upon the standards promulgated by the New York State Department of Transportation for local streets.
N.
Four-way street name signs of a design approved by
the Planning Board will be installed at each street intersection by
the subdivider at his own expense. Streets that are extensions of,
or obviously in alignment with, existing streets shall bear the name
of existing streets. Street names shall not be repeated within the
Town and shall be subject to Planning Board approval.
O.
Streetlighting is the responsibility of the applicant
to provide, and the lot owners to maintain and operate. The Engineer
for the Town will determine when and if streetlighting is necessary,
evaluating need on the basis of safety considerations and commonly
accepted standards of lighting. Whether or not streetlights are initially
installed, the developer shall be responsible for providing utility
easements for future streetlighting installation, upon consultation
with the public service utility company involved.
P.
Shade trees and other natural buffers along any proposed
street right-of-way shall be retained to the maximum extent possible
and cuts and fills which would necessitate removing such cover shall
be minimized. Wide swath cuts or removal of natural vegetation shall
not be permitted without compelling safety reasons.
Q.
No driveway, street or drainage facility or structure
shall be constructed or altered within a state right-of-way, and no
drainage facility of the New York State Department of Transportation
shall be altered or connected onto without first obtaining a permit
from the New York State Department of Transportation. No driveway,
local road or drainage facility or structure shall be constructed
or altered within a Town right-of-way, and no drainage facility of
the Town of Deerpark shall be altered or connected onto without first
obtaining a permit from the Town of Deerpark Highway Superintendent.
R.
Individual driveways serving only one single-family each shall not be subject to street improvement requirements of this chapter or Chapter A234, Street Specifications.
(1)
Also, private drives to service no more than two single-family
dwellings shall be permitted provided the Town is given satisfactory
evidence, in the form of declaration of restrictive covenants, that
the private status of said road is permanent and the following standards
are met:
|
Type of Street or Way
|
Minimum Right-of-Way Width
(feet)
| |
|---|---|---|
|
Minimum right-of-way
|
25
| |
|
Minimum pavement width
|
16
| |
|
Minimum shoulder width
|
3
|
(2)
Pavement may consist of any all-weather surface satisfactory
to the Engineer for the Town. If there is a potential for resubdivision
of either of the lots to be serviced by private drive such that eventually
more than two lots might result, the subdivider shall provide additional
right-of-way as necessary to serve the maximum potential number of
lots. All drainage plans shall be subject to approval of the Engineer
for the Town. All flag lot access rights-of-way shall be titled in
fee simple ownership to the flag lot property owner and shall not
be used to access any property not part of the original tract. All
owners of adjoining lots taken from such original tract, including
those fronting on the public street shall use the private driveway
as the sole means of access to their property.
Multifamily dwelling projects shall be considered major subdivisions as well as special uses under Chapter 230, Zoning, of the Code of the Town of Deerfield (see § 320-22 thereof). This "major subdivision" classification shall apply to all subdivisions of property in connection with the development, regardless of whether or not the same are connected with building development, and the approvals required shall be requested and acted upon concurrently as one subdivision. Application for preliminary approval of multifamily dwelling projects, accordingly, will be made to the Town in the manner provided under this chapter. The subdivider shall also submit all information required by the special use procedures of Chapter 230, Zoning, of the Code of the Town of Deerfield.[1]
[1]
Editor's Note: See Art. VII, Special Use and
Site Plan Review Procedures.
The Town of Deerpark Planning Board shall be authorized, pursuant to and in supersession of § 278 of the Town Law, to modify applicable provisions of Chapter 230, Zoning, of the Code of the Town of Deerfield and this Chapter 200, Subdivision of Land so as to accommodate conservation subdivision projects. Also known as "cluster development," conservation subdivisions offer flexibility in design, facilitate the economical provision of streets and utilities and preserve open space. They shall be allowed anywhere within the Town of Deerpark and be processed pursuant to the subdivision plat approval procedures contained herein and § 230-27 of Chapter 230, Zoning, of the Code of the Town of Deerfield.
