Village of Perry, NY
Wyoming County
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In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. Said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in § 475-5 herein.
A. 
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.
B. 
Conformity with Official Map and Master Plan. Subdivisions shall conform to the Official Map of the municipality and shall be in harmony with the Master Plan.
C. 
Specifications for required improvements. All required improvements shall be constructed or installed to conform to the municipal specifications, which may be obtained from the Building Department.
A. 
Width, location and construction. Streets shall be of sufficient width, suitably located, and adequately constructed to conform to the Master Plan 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.
B. 
Arrangement. The arrangement of streets in the subdivision shall provide for the continuation of principal streets of adjoining subdivisions and for proper projection of proposed streets into adjoining properties which are not yet subdivided, in order to make possible necessary movement of traffic and extension of needed utilities and public services such as sewers, water and drainage facilities. Street extensions shall be constructed in accordance with municipal specifications. Where, in the opinion of the Planning Board, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified.
C. 
Minor streets. Minor streets shall be so laid out that their use by through traffic will be discouraged.
D. 
Frontage on major streets.
(1) 
When a subdivision abuts or contains an existing or proposed major arterial street, the Planning 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.
(2) 
Also, to avoid landlocking developable areas, the contiguous development (both existing and planned) of frontages along major streets shall not exceed a distance of 2,000 feet before a street right-of-way is provided for access to any developable land behind such frontages.
E. 
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 Planning 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.
F. 
Dead-end streets. The creation of dead-end or loop residential streets will be permitted 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 Planning Board may require the reservation of a twenty-foot-wide easement to provide for continuation of pedestrian traffic and utilities to the next street.
G. 
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.
H. 
Intersections with collector or major arterial roads. Minor or secondary street openings into such roads shall be a minimum of 500 feet apart.
I. 
Street jogs. Street jogs with center-line offsets of less than 125 feet shall be avoided.
J. 
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.
K. 
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. To preserve tree life, street grades in wooded areas shall be low enough so as not to require additional fill.
L. 
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 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). Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
A. 
Widths of rights-of-way pavements. Streets shall have the following widths: (When not indicated on the Master Plan or Official Map, the classification of streets shall be determined by the Planning Board.)
Arterial
Collectors and Minor Streets
Outside Radius of Cul-de-Sac
Marginal Access
Minimum right-of-way (feet)
As determined by state or county road authorities
50
75
40
Minimum pavement (feet)
As determined by state or county road authorities
20
56
20
B. 
Improvements. Streets shall be graded and improved with pavements, sidewalks, storm drainage facilities, water mains, sewers, signs, streetlighting, street trees, and fire hydrants, except that 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 Municipal Engineer. Such grading and improvements shall be approved, as to the design and specifications, by the Municipal Engineer.
(1) 
Fire hydrants. Installation of fire hydrants shall be in conformity with all municipal requirements and standard thread and nut dimensions as specified by the New York Fire Insurance Rating Organization and the Division of Fire Safety of the State of New York.
(2) 
Streetlighting facilities. Lighting facilities shall be in conformance with the lighting system of the municipality. Such lighting standards and fixtures shall be installed after approval by the appropriate energy company and authorized municipal inspector.
C. 
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.
D. 
Utility easements. 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. 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.
E. 
Grades. Grades of all streets shall conform in general to the terrain and shall not be less than 1/2% 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.
F. 
Changes in grade. All changes in grade shall be connected by vertical curves of such length and radius as meet with the approval of the Municipal Engineer so that clear visibility shall be provided for a safe distance.
G. 
Curve radii at street intersections. All street right-of-way lines at intersections shall be rounded by curves of at least twenty-foot radius and curbs (if required) shall be adjusted accordingly.
H. 
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.
I. 
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 outside right-of-way radius of 75 feet and pavement radius of 56 feet. At the end of temporary dead-end streets, a temporary turnaround shall be provided in accordance with municipal standard specifications.
J. 
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 Municipal Engineer.
(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 Municipal Engineer, and in no case less than 20 feet in width.
K. 
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.
L. 
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.
M. 
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.
A. 
Type of name. All street names shown on a preliminary plat or subdivision plat shall be approved by the Planning Board. In general, streets shall have names and not numbers or letters.
B. 
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 those 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. 
Lots to be buildable. The lot arrangement shall be such that, in constructing a building in compliance with Chapter 490, Zoning, there will be no foreseeable difficulties for reasons of topography or 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.
B. 
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.
C. 
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.
D. 
Driveway access. Driveway access and grades shall conform to municipal specifications. Driveway grades between the street and the setback line shall not exceed 10%.
E. 
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.
F. 
Monuments and lot corner markers. Permanent monuments meeting specifications approved by the Municipal 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 Municipal Engineer may require, and their location shall be shown on the final subdivision plat.
A. 
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.
B. 
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 Municipal 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 490, Zoning, in the watershed.
C. 
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 approved by the Municipal 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 Municipal 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.
D. 
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.
A. 
Recreation areas shown on Master Plan. Where a proposed park, playground or open space shown on the Master 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 municipality or county by the subdivider if the Municipal Board approves such dedication.
B. 
Parks and playgrounds not shown on Master Plan. The Planning Board may require the dedication or reservation of an area or areas for a park or parks, playground, open space or other recreational use. Such area or areas shall not be required to be more than 10% of the total subdivision area.
C. 
Waiver of reservation of areas. 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 requirements that the plat show land for such purposes. The Board shall then require payment of a fee as established by the Municipal Board per subdivision lot in lieu of the dedication or reservation of areas or sites for the above uses.
D. 
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.
E. 
Preservation of natural features.
(1) 
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 waterfalls, 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.
(2) 
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.
F. 
Required trees.
(1) 
The subdivider shall provide a minimum of one street tree per 50 feet of lot frontage. Required trees shall be approved by the Planning Board and shall be compatible with subdivision development in terms of height, spread, longevity, root structure, nuisance characteristics, disease and pest resistance, and general hardiness. The following is a suggested list of appropriate trees:
Flowering Crab
Red Maple
Ginko
Honey Locust
Linden
Sugar Maple
Norway Maple
London Plane
Oak
(2) 
Required trees shall measure a minimum of 1 1/2 inches in diameter, as measured three feet above the base of the trunk, and shall be located a minimum of five feet outside the right-of-way.
(3) 
Existing trees may serve as required trees by approval of the Planning Board.