A.
General standards. The following requirements and
guiding principles for land division shall be observed by all subdividers.
(1)
Land to be subdivided shall be of such character that
it can be used safely for building purposes without danger to the
public health, safety or welfare.
(2)
Lot lines shall, where possible, follow municipal
boundaries rather than cross them.
(3)
Subdivision streets and other infrastructure design
and construction shall comply with the regulations of the Town's Highway
Development Policy. The Planning Board reserves the right to demand
more exacting specifications.
B.
Unique conditions. If the Planning Board finds that
due to exceptional and unique conditions of topography, location,
shape, size, drainage or physical features of the site, or because
of the special nature and character of surrounding developments, the
minimum standards specified herein would not reasonably protect or
provide for the public health, safety or welfare, requirements may
be waived or special requirements may or imposed by the Planning Board
in addition to or in substitution for the minimum standards to protect
the public.
A.
Planning Board permission. The Planning Board may
permit or require a residential cluster development when:
(1)
The natural and scenic quality, vital environmental
features and resources of the land can be permanently preserved and
maintained by clustering;
(2)
The overall aesthetic aspects of residential development
in the area will be enhanced;
(3)
The overall population density of the subdivision
will not be increased;
(4)
The adequate and economical provision of streets and
utilities will be facilitated; or
(5)
The health and general welfare of the community will
be promoted.
B.
General conditions.
(1)
Every residential cluster development shall include a provision for the preservation of open undeveloped area(s) within such subdivision as detailed in Subsection C.
(2)
Where any lot is reduced in area below the minimum otherwise required by Chapter 280, Zoning, the minimum area requirement of open space shall be increased by the amount of such lot reduction.
C.
Open space requirements.
(1)
The open space provided shall be comprised of one
or more undivided parcels of land, of which at least one shall have
a minimum area of three acres, exclusive of street rights-of-way.
(2)
The Planning Board may require that at least 2/3 of
the open space be active open space.
(3)
Open space established as part of a residential cluster
development shall be conveyed to and held in corporate ownership in
such manner as approved by the Planning Board and the Town Attorney.
(4)
The use of open space shall be determined by the Planning
Board and shall be limited to recreational and agricultural purposes.
No structure shall be erected upon such open areas except such as
shall be determined by the Planning Board to be incidental to such
recreational or agricultural use.
(5)
The Planning Board may require the subdivider, developer
or other owner of such subdivided tract to make, execute, deliver
or file such instrument or instruments as the Planning Board shall
determine to be reasonably necessary to protect and/or restrict the
use of such open space in accordance with this section.
D.
Determination of number of lots. To determine the
number of lots allowed in a residential cluster development design:
(1)
The subdivider shall submit to the Planning Board
a concept plan which includes a noncluster subdivision design demonstrating
the number of buildable lots on the entire parcel without use of a
cluster technique; and
(2)
The subdivider shall submit to the Planning Board
at the same time a concept plan demonstrating how the land would be
developed with a cluster development design.
(3)
The Planning Board shall not permit a development
to have more buildable lots in a residential cluster development than
would be permitted in a noncluster development.
[Amended 9-17-2002 by L.L. No. 8-2002]
A.
General standards for street layout. The arrangement
and location of all subdivision streets shall be designed:
(1)
To create a safe vehicular and pedestrian traffic
system, which affords satisfactory access for emergency vehicles and
maintenance equipment.
(2)
To mitigate the impact to adjacent properties and
to minimize the impact on off-site properties from traffic generated
by the development.
(3)
To efficiently route traffic between the development
and collector or arterial highways.
(4)
To provide new collector highways to serve the development
and possible future developments, if necessary.
(5)
To complement adjacent street systems and possible
street systems of future nearby developments.
(6)
To limit the impact on collector streets, by avoiding
access to collector streets except at highway intersections, located
to maximize safety.
(7)
To connect neighboring developments by bicycle/pedestrian
paths or greenways, in order to promote and support the objectives
of the Town's bicycle path master plan, and provide safe nonmotorized
access between the development and neighboring developments and possible
future developments and parks, recreational sites and school playgrounds.
(8)
To minimize the number of cul-de-sac streets.
(9)
To respect the topography and preserve environmental
features of the site, such as streams, dunes, steep slopes, wetlands,
large trees and attractive green areas.
B.
Street design and specifications.
(1)
The design and construction of all subdivision streets
shall comply with the design standards and regulations of the Highway
Development Policy.
(2)
Maximum street grades shall be 8%, 3% within 120 feet
of an intersection and 1 1/2% within 40 feet of an intersection.
(3)
Where a street does not extend to the boundary of
the subdivision and its continuation is not needed for access to adjoining
property, it shall be separated from such boundary by an easement
having a distance not less than 20 feet so as to allow access to the
street edge or utilities for maintenance purposes.
(4)
Streets with divided pavements, boulevards or center
malls shall be discouraged.
(5)
Where the subdivision abuts or contains an existing
or proposed major street, the Planning Board may require marginal
access streets.
(6)
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 the
streets and lots be laid out so as to permit future resubdivision
in accordance with the requirements contained in these regulations.
(7)
If the adjacent property is undeveloped and a temporary
dead-end street must be installed, the right-of-way and improvements
shall be extended to the property line. A temporary circular turnaround
of a minimum of 80 feet in radius shall be provided on all temporary
dead-end streets, with the notation on the plat that the land outside
of the street right-of-way shall revert to abutting lots whenever
the street is continued.
(8)
The Planning Board may limit the length of temporary
dead-end streets.
(9)
Streets shall be designed for a vehicle speed of 30
miles per hour, and their designs shall adhere to the following minimum
design standards unless otherwise directed by the Planning Board.
(10)
All subdivision streets and culs-de-sac shall
comply with the following standards, unless such standards are waived
by the Planning Board.
|
Standard
|
Street
|
Cul-de-sac
| |
|---|---|---|---|
|
Minimum right-of-way (R-O-W) width
|
60 feet
|
60 feet
| |
|
Minimum pavement width
|
30 feet
|
30 feet
| |
|
Maximum grade
|
8%
|
8%
| |
|
Minimum grade
|
0.8%
|
0.8%
| |
|
Minimum radius of R-O-W at intersection
|
25 feet
|
25 feet
| |
|
Minimum radius of curves, at 250 feet
|
250 feet
| ||
|
Minimum outside radius of cul-de-sac R-O-W
|
--
|
80 feet
| |
|
Angle at intersection of street center lines
|
90º
|
90º
|
C.
Intersections.
(1)
A distance of at least 200 feet shall be maintained
between offset intersections, measured from center line to center
line.
(2)
Within 100 feet of any intersection, streets shall
be at right angles (90º).
(3)
All street intersection corners shall be rounded by
curves of at least 25 feet in radius at the property line.
(4)
Within triangular areas formed by the intersection
of two street lines and a third line joining them at points at a distance
of 35 feet away from their intersection, the visibility for traffic
safety shall be maintained by keeping the triangular area free of
fences, signs, walls, hedges or other landscaping.
(5)
Cross (four-cornered) street intersections shall be
avoided insofar as possible, except at major traffic intersections.
D.
Culs-de-sac.
(1)
General standards.
(a)
A circular turnaround shall be provided at the
end of a permanent cul-de-sac street, with a radius of 80 feet.
(b)
A circular turnaround shall be provided at the
end of a temporary, cul-de-sac street. Deed requirements for the temporary
turnaround shall be in a form acceptable to the Town Attorney.
(c)
Streets shall contain no divided pavements,
boulevards or center malls, except that landscaping may be permitted
in the centers of turnarounds of cul-de-sac streets. Such landscaping
shall be maintained by the adjacent landowners; if the landscaping
falls into disrepair because of the failure of adjacent property owners
to maintain it, the Town Highway Department may, at its own discretion,
replace the landscaping with blacktop.
(2)
Cul-de-sac design.
(a)
The length of a cul-de-sac not serviced by public
water shall be limited to 600 feet.
(b)
The number of lots allowed on a cul-de-sac serviced
by public water will generally be limited to 13 including any lots
with property lines adjacent to the cul-de-sac, whether these lots
access the cul-de-sac or not.
(c)
The number of lots allowed on a loop street
will generally be limited to 21 including any lots with property lines
adjacent to the loop, whether these lots access the loop or not.
(d)
Approval of more than 13 lots for a cul-de-sac
serviced by public water or 21 lots on a loop street will be determined
based on unique circumstances of the property and/or of the subdivision.
It is the burden of the subdivider to provide any evidence of uniqueness
or special circumstances.
(e)
The Planning Board may approve a subdivision
with only one access with the number of lots greater than normally
allowed if a future second access can be provided. The Planning Board
may limit the number of building permits that may be issued until
the second access is installed and dedicated.
E.
Street names and addresses.
(1)
All streets and shared accessways shall be named,
and such names shall be subject to the approval of the Town Assessor
and the Planning Board.
[Amended 2-6-1996]
(2)
Names shall be sufficiently different in sound and
in spelling from other street names so as not to cause confusion.
(3)
A street which is a continuation of an existing street
shall bear the same name.
(4)
Street addresses shall be determined by the Town Assessor
and must be included on the final plat.
A.
B.
Lot design.
(1)
Lots shall be arranged so 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 280, Zoning.
(2)
Side lot lines should be either at right angles to
the street on which the lot faces or radial lines in the case of curvilinear
streets.
(3)
Each lot shall have satisfactory access to an existing
public street or to a proposed street within the subdivision. For
the purposes of this section, each lot proposed must directly abut
on a street and have sufficient frontage to allow the ingress and
egress of fire trucks, ambulances, police cars and other emergency
vehicles. A frontage of 20 feet shall generally be considered sufficient
for that purpose.
[Amended 2-6-1996]
(4)
Where driveway accesses for several adjoining lots
to a major street are necessary, the Planning Board may require that
such lots be served by a marginal access street in order to limit
possible traffic hazards on such street.
(5)
The Planning Board may require that lots which are
at least double the minimum required area for the zoning district
be arranged so as to facilitate satisfactory future subdivision and
may require a conceptual street layout where necessary to serve such
a potential future subdivision.
(6)
Where a watercourse separates the buildable area of
a lot from the adjoining street, provision shall be made for installation
of a culvert or other structure, as approved by the Superintendent
of Highways.
C.
Keyhole lots.
[Amended 2-6-1996]
(1)
General standards. Any subdivision that proposes keyhole
lots must conform to the following:
(b)
The access for each keyhole lot shall be part
of the lot, in fee simple ownership. This requirement may be waived
by the Planning Board if there is an existing common right-of-way.
(c)
Any subdivision containing more than one lot
sharing a common access must have the Town Assessor review the plans,
before final approval, to name the access way for 911 purposes.
(d)
If a subdivider proposes a layout with one or
more keyholes lots where the width at the building line is not parallel
to a public street, the subdivider shall first submit a plan showing
the maximum number of buildable lots that would be permitted with
the width at the building line parallel to a public street. In no
case may the density of development be greater than would be permitted
in the district by strict application of the width of building line
being parallel to the street.
(e)
The keyhole access should meet the existing
road at 90º, be generally level within 40 feet of the intersection
and have a grade no greater than 10%.
(f)
When two or more keyhole lot accesses abut each
other, the Planning Board may require that the lots share a common
curb cut.
(g)
The Planning Board may not allow the number of lots, keyhole or otherwise, on a cul-de-sac or loop street to exceed the number determined according to § 247-25D.
(h)
For any major subdivision in which keyhole lots
are requested, the subdivider shall provide a concept plan which shows
the maximum number of buildable lots that would be permitted without
the keyhole lots. The Planning Board shall not permit a major subdivision
to have more buildable lots designed with keyhole lots than would
be permitted in a design without keyhole lots.
(2)
Planning Board Review. Keyhole lots shall only be
permitted where the Planning Board determines:
(a)
That for reasons of topography, land form, existing
lot pattern of unusual size or shape of a parcel, there is no reasonable
or practical alternative to creating a keyhole lot;
(b)
That the basis for the formation of a keyhole
lot must not be to circumvent the need for the construction of a road;
(c)
That the creation of the keyhole lot must not
be to increase density;
(d)
That the location of the keyhole lot will not
in itself create any problems with road access or traffic conflicts;
(e)
That the keyhole lot when developed will not
pose any hindrance to fire-fighting personnel; and
(f)
That the keyhole lot be in conformity with the
surrounding neighborhood and will not preclude the development of
adjacent properties.
(3)
Standard notes. The following notes must be included
on the final plat of any subdivision containing a keyhole lot.
(a)
Standard note for keyhole lot subdivisions.
Final location and orientation of each house is subject to the approval
of the Chief Building Inspector at the time the building permit is
issued. Foundation location surveys (plot plans) are to be provided
and approved prior to proceeding with framing in order to ensure compliance
with the original approval.
(b)
Standard note for 500 feet (or longer) driveways.
A driveway over 500 feet in length must be accessible and able to
carry a fifty-thousand-pound, thirty-foot-long vehicle, as determined
by the Fire Chief of the fire district in which the keyhole lot is
located.
(c)
Standard note for address identification. The
street number of a dwelling situated on a keyhole lot shall be permanently
and conspicuously displayed on a sign, with lettering no less than
three inches in height, and placed no more that 25 feet from the road
pavement. The sign shall be displayed for both directions of travel
and be visible at night.
A.
General standards.
(1)
Storm drainage systems shall be designed in accordance
with the Highway Development Policy.
(2)
Storm drainage systems shall be designed based on
anticipated runoff from a ten-year storm, and detention basins shall
be designed based on anticipated runoff from a fifty-year storm.
(3)
The subdivider's engineer shall study and report the
effect of the subdivision on the existing downstream drainage facilities
outside the area of the subdivision. This study will be reviewed by
the Town-designated engineer and the Planning Board.
B.
Review and approval. Storm sewer design is subject
to review by the Town-designated engineer prior to final plat approval.
The Planning Board will seek the opinion of the Town-designated engineer
as part of its subdivision processing responsibilities.
A.
General standards
(1)
All sanitary sewer systems shall be designed in accordance
with the Highway Development Policy and appropriate Albany County
Health Department regulations.
(2)
Sanitary sewers shall be designed for the estimated
ultimate tributary population. Stormwaters, roof drainage, groundwaters
and foundation footing drains shall be prohibited from the sanitary
sewers and house service connections.
(3)
All pipes shall be sized in accordance with proven
engineering practices capable of handling expected flows, both present
and future.
B.
Review and approval. Sanitary sewer design is subject
to review by the Albany County Health Department, Superintendent of
Water and Wastewater Management and the Town-designated engineer prior
to final plat approval. The Planning Board shall seek the opinion
of these departments as part of its subdivision processing responsibilities.
A.
General standards.
(1)
All water supply systems shall be designed in accordance
with Town standards and appropriate Albany County Health Department
regulations.
(2)
Water mains shall be designed to provide anticipated
usage demands and consistent water pressure for household use and
fire service for the proposed subdivision and all expected future
demands.
B.
Review and approval. The Superintendent of Water and
Wastewater Management and Town-designated engineer will review the
size and design of the facility based on the capacities of existing
pipes that will be used to connect proposed systems into the current
municipal system.
A.
Existing features which would add value to residential
developments, such as trees, watercourses and falls, historic locations
and similar irreplaceable assets, shall be preserved, insofar as possible,
through harmonious design of the subdivision.
B.
In preparing a lot for construction of a structure,
the owner or developer shall remove only those trees necessary to
make the construction feasible; all other vegetation shall be left
in place and shown on site plans. No lot shall be cleared completely
of existing trees except on the approval of the Planning Board.
C.
No portion in excess of 25% of any approved plat shall
be stripped of its cover at any time. This prohibition shall include
land to be used for streets. The Planning Board, either directly or
through a designated agent, shall inspect the site and may require
interim seeding or other controls to prevent erosion.
D.
Trees shall be located at least five feet outside
rights-of-way to provide for utility easements.
E.
On-site topsoil shall be conserved, and no topsoil
shall be removed off site. Topsoil shall be respread onto each building
lot before a certificate of occupancy is issued.
[Amended 2-6-1996]
A.
Angle of repose.
(1)
No structure shall be built or encroach upon any area
lying between a continuous watercourse and the angle of repose reserve.
(2)
No structure shall be built or encroach upon any area
lying between an intermittent watercourse and the angle of repose
reserve unless approved by the Planning Board. Such approval shall
be based on the Planning Board's site inspection of the intermittent
watercourse and evidence submitted by the subdivider concerning the
protection of the slope and watercourse.
(3)
No habitable structure shall be placed within the
angle of repose reserve setback.
B.
Protected slopes.
(1)
No structure shall be built or encroach upon any area
lying within the protected slope reserve.
(2)
No habitable structure shall be placed within the
protected slope reserve setback.
(3)
The subdivider shall provide slope stability data,
grading plans and erosion control plans for all slopes 12º or
greater. The Planning Board reserves the right to limit construction
activity on any such slopes deemed undesirable for development based
on engineering and environmental considerations.
C.
Watercourses.
(1)
No structure may be built within the watercourse setback
of a continuous watercourse except man-made ponds not fed or drained
by a running stream.
(2)
No structure may be built within the watercourse setback
of an intermittent watercourse unless approved by the Planning Board.
Such approval shall be based on the Planning Board's site inspection
of the intermittent watercourse and evidence submitted by the subdivider
concerning the protection of the watercourse.
(3)
No portion (tile field, seepage pit or equivalent)
of a subsurface sewage disposal system shall be constructed or placed
within 250 feet of a watercourse feeding into the Watervliet Reservoir
or within 500 feet of said reservoir.
A.
Land to be reserved.
(1)
Except as provided in Subsection B, lands comprising of at least 5% but not to exceed 10% of the total area to be subdivided shall be reserved for park purposes in a location with suitable public access.
(2)
Land may be reserved for parks, playgrounds or recreational
purposes in accordance with the Master Plan or other local plans.
The required reservation of such lands for recreational purposes must
be specifically located and designated on the final subdivision plat.
B.
Waiver. In cases where the Planning Board and/or Town
Board determines that a park of adequate size cannot be properly located
in the subdivision or is otherwise not practical due to the size,
topography or location, the Planning Board may waive the requirement
that the subdivision plat show land for such purposes.
C.
Fee in lieu of parkland reservation. When the Planning
Board and/or Town Board determines that the reservation of land for
a park is not desirable, the subdivider or developer shall pay a fee
into a park and recreation fund. The amount of this fee[1] will be as set by resolution of the Town Board from time
to time. This money, paid when application is made for a building
permit, shall be placed in a Trust and Agency Fund to assist in the
purchase and/or capital improvements of existing and/or proposed parks.
[Amended 6-21-1994]
A.
The outside boundaries of the subdivision shall be
located on the ground, and the corners of the original parcel subdivided
shall be marked by capped iron rods or concrete monuments.
B.
Sufficient monuments shall be placed to properly reproduce
each and every street laid out within the subdivision. Street monuments
shall be placed in the immediate vicinity of all intersections and
at intervals not exceeding 500 feet along the street rights-of-way
with lengths of over 1,000 feet. A monument shall be placed at the
center of all culs-de-sac and/or turnarounds. The proposed location
of monuments shall be shown on the subdivision plat and are subject
to approval by the Town-designated engineer.
C.
Capped iron rods shall be a minimum thickness of 5/8
inches and a minimum length of 30 inches. The cap (plastic or metal)
shall have as a minimum the name of the surveyor or surveying company
indicated on the top. Monuments shall be concrete, with reinforcing
rods, four inches square and four feet in length. A galvanized or
stainless steel pin shall be anchored on center in the top of the
monument. The top of the monument shall be set flush with the finished
grade.
D.
All monumentation shall be set under the direction
of a licensed New York State land surveyor. A certificate signed by
said land surveyor certifying the setting of all required monumentation
must be provided to the Town of Guilderland prior to release of the
last escrow account to the developer.
E.
Prior to certificates of occupancy being issued, the
front corners of each lot must be marked by a capped iron rod or a
concrete monument.
