The design standards of this article shall be incorporated in all proposed
plans.
Land shall be suited to the purposes for which it is to be subdivided.
In addition to other conditions imposed by the Board to ensure that the unique
physiographic features of a site are taken into account in development, the
following provisions shall guide the Planning Board in its review:
A.
Subdivisions laid out on land subject to periodic flooding shall not be approved unless adequate safeguards against such hazard are provided by the plan, including such improvements and design features as are necessary to comply with the requirements in Chapter 181, Flood Damage Prevention, of the Code of the Town of Manchester (also known as Local Law No. 1-1987, as may be amended from time to time).
B.
Subdivisions of land characterized by steep slopes, rock
formations or other such features shall be approved only if problems related
to street grades and cross-sections, water supply, sewer lines and stormwater
runoff have been found by the Planning Board to have been resolved adequately
in the plan.
C.
Subdivisions of land characterized by existing streams,
trees and other natural features which are found by the Planning Board to
contribute significantly to the aesthetic appeal of a particular area shall
only be approved if the Board finds these features to have been preserved
in the plan to the maximum extent practicable.
D.
Subdividers of land shown on the Town Official Zoning
Map as being within a mapped floodplain area or subdivisions of land otherwise
deemed by the Planning Board to be appropriate for preservation of open space
are required to submit at least one plan reflecting modification of those
particular zoning law provisions which impede the preservation of the natural
and scenic qualities of land and its most appropriate use.
A.
Lot sizes and dimensions shall not be less than those specified in Chapter 325, Zoning, of the Code of the Town of Manchester unless the provisions thereof are to be modified by the Planning Board pursuant to Town Law § 278, as amended.
B.
Lot sizes and dimensions in excess of the minimum standards of Chapter 325, Zoning, shall be required by the Planning Board should the Board find that the size and dimensions of lots as proposed endanger the health, safety or welfare of the community or the environment.
C.
Where sanitary sewage disposal is to be provided by individual facilities and evidence indicates that the minimum requirements of Chapter 325, Zoning, with respect to lot width and size may not be adequate for such provision, the Planning Board may require that tests to determine adequacy, in accordance with the rules and regulations of the State Department of Health, entitled "Sewers." Such tests shall be conducted at the expense of the developer to determine the adequacy of the proposed lot size considering the existing grade and soil conditions. In all such cases where the tests indicate a larger lot size to be necessary, the Board may employ the services of a registered and qualified independent sanitary engineer for advice as to the minimum lot size and/or facilities necessary to prevent unsanitary conditions and hazards to the public health. In such cases, the cost of retaining these services of a qualified engineer shall be borne by the developer.
D.
All lots shall share a common boundary with either a
public road or a private road that shall be maintained by a homeowner's association
or legal equivalent association reviewed by the Planning Board and approved
by the New York State Attorney General.
E.
Depth and width of parcels laid out or reserved for nonresidential use shall be sufficient to provide satisfactory space for off-street parking and unloading, or such other use as is proposed, consistent with the provisions of Chapter 325, Zoning.
F.
Side lot lines shall be substantially perpendicular to
street lines.
G.
If remnants of land exist after subdividing, they shall
be incorporated into existing or proposed lots, or if acceptable to the Town,
proposed for dedication to the Town for public use.
H.
Double frontage lots are prohibited, except where employed
to prevent vehicular access to major traffic streets or where otherwise required
by unusual topographic conditions.
I.
No division of land shall result in any parcel becoming
landlocked or inhibit access to the remainder of the site by agricultural
equipment used in conducting normal agricultural operations.
J.
All lots to be located at intersections that are to be
dedicated shall provide for conduit underneath the public right-of-way to
facilitate future utility extensions.
A.
Street dimensions and design standards shall be in accordance
with the standards and specifications which are described in the document
entitled "Road Specifications," on file in the Town offices, and which are
incorporated herein by reference. The Planning Board may approve private roads
which do not conform to those specifications only if they are not intended
for dedication to the Town and only when the Board finds that the health,
safety, and welfare of the public using such roads and of the general populace
will not be endangered by nonconforming aspects of the design.
B.
The location of all major streets in the proposed subdivision
shall conform in general alignment to the Comprehensive Plan and the Official
Map.
C.
Minor streets shall be laid out to discourage through
traffic, although provisions for street connections into and from adjacent
areas will generally be required.
D.
Proposed street layouts shall generally provide for the
continuation or projection of existing streets in the surrounding area and
for access to adjoining properties unless the Planning Board finds such extension
undesirable for specific reasons of topography or design.
E.
Adequate street rights-of-way providing future points
of access shall be provided as necessary where lots in the proposal are large
enough to permit resubdivision or if a portion of the tract is not subdivided.
F.
Streets shall be so related to the topography as to produce
usable lots and reasonable grades.
G.
Where a subdivision abuts or contains an existing or
proposed major traffic street, the Planning Board may require marginal access
streets, rear service alleys, reverse frontage lots or such other design elements
as will provide protection for abutting properties, reduction in the number
of intersections with the major street and separation of local and through
traffic.
H.
New half or partial streets will not be permitted.
I.
Wherever a tract to be subdivided borders an existing
or approved half or partial street, the balance of the street shall be plotted
within such tract.
J.
Dead-end streets shall not be approved except when designed
as stubs, with temporary "K" turnarounds to permit future street extension
into adjoining tracts, or when designed as culs-de-sac.
A.
Streets shall be laid out to intersect as nearly as possible
at right angles. No street shall intersect another at an angle of less than
75º.
B.
Multiple intersections involving junction of more than
two streets shall be avoided. Where this proves impossible, such intersections
shall be designed with extreme care for both pedestrian and vehicular safety.
C.
Clear sight triangles of 30 feet measured along street
lot lines from their point of junction shall be provided at all intersections,
and no buildings shall be permitted within such sight triangles.
D.
To the fullest extent possible, intersections with major
traffic streets shall be located not less than 220 feet apart, measured from
center line to center line.
E.
Streets entering opposite sides of another street shall
be laid out either directly opposite one another or with a minimum offset
of 125 feet between their center lines.
F.
Minimum curb radii at street intersections shall be 25
feet for intersections involving only minor street or 35 feet for intersections
involving other type streets or such greater radius as is suited to the specific
intersection.
G.
Where a subdivision abuts or contains an existing street
of inadequate right-of-way width not in conformance with the document entitled
"Road Specifications," on file in the Town offices, conformance will be required.
H.
Where the grade of any street at the approach to an intersection
exceeds 7%, a leveling area shall be provided as required by the document
entitled "Road Specifications," on file in the Town offices.
A.
Cul-de-sac streets, permanently designed as such, shall
not exceed 800 feet in length and shall not furnish access to more than 20
dwelling units.
B.
Cul-de-sac streets shall be provided at the closed end
with a paved turnaround having a minimum radius to the outer pavement edge
or curbline of 60 feet.
C.
Unless future extension is clearly impractical or found
otherwise undesirable by the Planning Board, a right-of-way of the same width
as the street shall be carried to the property line in such a way as to permit
future extension of the street into the adjoining tract.
A.
The length, width and shape of blocks shall be determined
with due regard to the following:
B.
Blocks shall have a minimum length of 750 feet and a
maximum length of 1,200 feet. In the design of blocks longer than 1,000 feet,
special consideration shall be given to the requirements of satisfactory fire
protection.
C.
Residential blocks shall be of sufficient depth to accommodate
two tiers of lots, except where reverse frontage lots bordering a major traffic
street are used.
D.
Pedestrian sidewalks may be required where necessary
to assist circulation or provide access to community facilities. Such sidewalks
shall have a reserved or dedicated width of not less than 10 feet and a concrete
walk of not less than four feet.
A.
Provision of water supply. Where public water supply,
in the opinion of the Planning Board, is reasonably accessible, the subdivision
shall be provided with a complete water distribution system, including a connection
for each lot and appropriately spaced fire hydrants, which shall be no greater
than 500 feet apart. Where public water supply is not within reasonable distance,
an alternate supply, approved by the New York State Health Department, shall
be furnished.
B.
Water supply systems shall be designed to provide adequate
domestic usage and fire protection. The water system shall generally be designed
to provide adequate fire flow at the critical point in the development while
satisfying the average daily domestic flow. Specific plans must be approved
by the Town Engineer, the Superintendent having responsibility for the district
providing service and the New York State Department of Health and Department
of Environmental Conservation.
D.
To the greatest extent practicable all new public water
lines shall be looped with existing water lines.
E.
Provisions of potable water within regions of the Town
not served by public water supplies shall be the sole responsibility of the
property owner.
F.
The adequacy, safety and reliability of such systems
will not be reviewed, considered or insured by the Planning Board.
A.
Generally, all public sanitary facilities and installations
within the Town of Manchester are under the jurisdiction of the Town of Manchester
Sewer Department. Accordingly, all design, material and construction shall
be to the standard specifications of and subject to acceptance by this agency.
B.
Detail plans for all public sanitary sewage facilities
shall meet the requirements of and be subject to the approval of the New York
State Department of Environmental Conservation.
C.
Where public sanitary sewers are not available, individual
private sewage disposal systems shall be designed, specified, and built to
the standards and specifications of the New York State Department of Health
Individual Residential Wastewater Treatment System Standards (Appendix 75A),
and any other agency or authority with jurisdiction.
D.
Detail plans for all private sewage disposal systems
associated with developments defined as subdivisions by the Public Health
Law shall be subject to the approval of the New York State Department of Health.
A.
Lots shall be laid out and graded to provide positive
drainage away from buildings.
B.
Storm sewers, culverts and related installations shall
be provided wherever necessary:
C.
In the design of storm sewer installations, special consideration
shall be given to avoid concentration or diversion of stormwater runoff onto
adjacent properties or increases in the flow rate of existing watercourses
in accordance with all federal, state and Town regulations.
D.
In the design of storm sewer installations, special consideration
shall be given to ensure reasonable control of sediments both during and after
construction and to ensure compliance with all applicable provisions of the
Code of the Town of Manchester.
A.
The layout of the proposed subdivision shall be in general
conformity with the goals, features and developments proposed in the adopted
Town of Manchester Comprehensive Plan.
B.
In reviewing subdivision plans, the Planning Board will
consider the adequacy of existing or proposed community facilities to serve
future residents of the proposed subdivision.
C.
Areas provided or reserved for community facilities must
adequately provide for building sites, landscaping and off-street parking
as appropriate to the proposed use.
D.
Reservation of lands for recreational use.
(1)
Pursuant to Town Law § 277, as amended, the
Planning Board shall consider requiring the reservation of an appropriate
portion of the area of land to be subdivided for park, playground, or other
recreational purpose. In locating lands to be so reserved, the Board shall
consider preservation of special environmental and geographic features, the
unsuitability of certain lands for building purposes, future expansion of
public use areas, the most appropriate type of public land use for the area,
and the condition necessary to preserve access, use and maintenance of such
lands for their intended purpose. Such area of land shall not include in the
calculations of land to be owned in common for cluster developments.
(2)
Land reserved for recreational purposes may be retained
in private ownership, provided they are reserved and maintained permanently
for their intended use by recorded covenant and security deemed adequate by
the Town Board. Alternatively, lands may be offered to the Town as a gift,
to be accepted at the discretion of the Town Board.
(3)
In the event that the Planning Board determines that
a suitable park or parks of adequate size can not be properly located in any
such plat or is otherwise impractical, the Planning Board may require a condition
to approval of any such plat in lieu thereof a payment to the Town of a sum
to be determined by the Town Board, which sum shall constitute a trust fund
to be used by the Town exclusively for neighborhood park, playground or recreational
purposes, including the acquisition of property.
A.
Purpose. In order to provide certain utilities and services
on an equitable basis and to assure a means of ongoing maintenance of those
utilities and services, the Town of Manchester may create or extend utility
and service districts where possible. These districts shall be created in
conformance to the provisions of New York State law to assure that those property
owners benefited by the utilities and services are responsible for the cost
of their installation and maintenance.
A.
Easements with a minimum width of 20 feet plus the width
of any required pipe or other improvement or the minimum required by the agency
responsible for the utility shall be provided as necessary for all utilities,
and approval or acceptance by the involved agency included with the final
plans.
B.
To the fullest extent possible, easements shall be centered
on or adjacent to rear or side lot lines.
C.
Where a subdivision is traversed by a watercourse, there
shall be provided a drainage easement or right-of-way conforming substantially
with the line of such watercourse and of such width as will be adequate to
preserve natural drainage, with access-easement at least 20 feet in width
to same from a public right-of-way.
A.
General provisions. The following provisions apply to
clustered projects proposed for approval in the Town of Manchester.
B.
Purpose. This section is adopted for the following purpose:
The Town Board of the Town of Manchester finds that the topography and environmental
sensitivities of certain parcels in the Town do not lend themselves to the
conventional development as designated by their current zoning. Therefore,
pursuant to the provisions of § 278 of the Town Law of the State
of New York, the purpose of this section is to enable and encourage flexibility
of design of land, to preserve the natural, scenic and ecological qualities
of environmentally sensitive areas and to provide larger areas of open space,
both for recreation and for environmental conservation purposes.
C.
Objectives. Among the objectives which should be achieved
through the use of clustered development are the following:
(1)
The creative use of land so as to establish a more desirable
environment than would be possible through the strict application of certain
Town zoning standards.
(2)
The preservation of surface water, wetlands, steep slopes, hilltops,
ridgelines, major stands of trees, outstanding natural topography and glaciated
features. Other areas to be preserved include areas of scenic and ecological
values, including open spaces and other environmentally sensitive areas.
(3)
To prevent soil erosion, minimize negative environmental impacts
and control development in flood hazard areas.
(4)
To provide an alternative method of development to allow all
of the development which could occur on a particular parcel of land to be
developed on a portion of said parcel; provided, however, that in no case
shall the number of building plats or dwelling units exceed the number which
could be permitted if the land were subdivided into lots conforming to the
minimum lot size and density requirements of the applicable zoning ordinance
or local law.
(5)
To permit developments that reflect the legislative intent of
Article 16, § 278, of the Town Law of the State of New York.
(6)
To create a development that is in harmony with the character
of the area and the environmental sensitivities of the sites.
D.
Authorization. Authorization to approve or deny cluster development and to grant variations in the dimensional standards (area) of Chapter 325, Zoning, concurrent with subdivision review as provided by § 278 of the Town Law is granted to the Planning Board.
E.
The Planning Board shall comply with all procedures and
standards set forth in this section when implementing such power.
F.
As provided in § 278 of the Town Law, the Planning
Board is hereby granted the authority to require a plat to be submitted as
a clustered project. This requirement may be employed to impose conditions
for the approval of building plots or dwelling units by the Planning Board,
whether or not the owner makes application for a clustered project.
G.
Process and information requirements. The approval process
and information requirements for a clustered project will be conducted pursuant
to subdivision process procedures.
H.
Restrictions and general design requirements. The following
apply to clustered projects:
(1)
Permitted uses within the clustered development shall
be the same as permitted in the zoning district in which the property is located.
(2)
The minimum distance between structures on separate lots
without public sewer and water service, which make up a cluster development,
shall be based upon the minimum lot sizes and setbacks required by the New
York State Department of Health for the operation of private wells and septic
systems.
(3)
The minimum lot widths for lots in a cluster development
occurring on new subdivision streets shall be not less than 100 feet. The
minimum lot widths for lots in a cluster development occurring along existing
state, county or Town roads shall not be less than 75% of the average lot
widths occurring along said road and within the same zoning district for a
distance of 1,000 feet in each direction from the subject site(s). Active
agricultural properties shall not be considered in this formula.
(4)
Each building in a cluster development shall be an integral
element of an overall concept for the site. The concept should take into consideration
all requirements of this section and all other relevant sections of this chapter
and other Town legislation.
(5)
The overall development shall be designed in such a way
as to maximize the preservation of the site's contiguous environmentally sensitive,
cultural or recreational resource features by providing a design that results
in minimal disturbance to these features.
(6)
The areas to be dedicated for open space purposes, including
playgrounds and parks, shall be in an amount, location, quality and contiguous
shape as is desirable for accessibility to all developed properties and open
space preservation, as determined by the Planning Board.
(7)
Where possible, all land not contained within the lots,
road rights-of-way or designated preserve land shall be contiguous and of
such size and shape as to be usable for recreation and/or open space.
