In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. The standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article I of this chapter.
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 of Official Map and Comprehensive Plan.
Subdivisions shall conform to the Official Map of the Town and shall
be in harmony with the Comprehensive Plan.
A.
Width, location and construction. Streets shall be
of sufficient width, suitably located and adequately constructed to
conform with the Comprehensive Plan and the New York State Uniform
Fire Prevention and Building Code 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.
[Amended 9-15-2008 by L.L. No. 8-2008]
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 Town Standard Specifications.[1] Where, in the opinion of the Planning Board, topographic
or other conditions make such continuance undesirable or impracticable,
the above conditions may be modified.
[1]
Editor's Note: Said standards are on file
at the office of the Building Department.
C.
Minor streets. Minor streets shall be so laid out
that their use by through traffic will be discouraged.
D.
Frontage on major streets. 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. 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 this chapter.
F.
Dead-end streets. The creation of dead-end streets is not allowed unless approved in special circumstances as deemed by the Planning Board during the study of sketch plan process discussed in Article III, § 169-8C. 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. The creation of culs-de-sac is not allowed unless approved in special circumstances as deemed by the Planning Board during the study of sketch plan process discussed in Article III, § 169-8C. In the case of dead-end streets and culs-de-sac, the Planning Board will receive input from the Town Board, Highway Department, other applicable roadway jurisdictions, and other Town representatives if there are instances where exceptions are being considered.
[Amended 8-13-2007; 6-7-2021 by L.L. No. 3-2021; 11-7-2022 by L.L. No. 3-2022]
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, in general,
be a minimum of 500 feet apart.
[Amended 8-13-2007]
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.
M.
N.
Private streets. Private streets may be approved by
the Town Board with the following requirements:
(1)
Private streets must be constructed to Town standards.
(2)
In general, when a private street has been approved,
all utilities serving the site will also be private. However, private
utilities must be designed and constructed to Town standards.
(3)
Approval of a subdivision with private streets will
follow the same review and approval procedure as for a subdivision
with proposed public streets.
(4)
Where street access to an adjoining property or a
continuation of the adjoining street system is required, the proposed
streets shall be dedicated to the Town. Utilities such as sewer and
water that could be used to service adjoining parcels are to have
provisions for dedication to the Town.
(5)
The Town will not maintain private streets or private
utilities, including but not limited to snowplowing, street repairs
and utility repairs. All maintenance is the responsibility of the
subdivider or homeowners' association.
(7)
Minimum property dimensions as established by Chapter 200, Zoning, will be measured from the edge of the private right-of-way as established by the homeowners' association.
(8)
If the Town approves a private street or private utilities, a homeowners' association must be established as set forth in § 169-25 prior to the issuance of a public improvement permit.
(9)
Any streetlighting will be the responsibility of the
subdivider or homeowners' association.
A.
Widths of rights-of-way and pavements. Streets shall
have the following widths: (When not indicated on the Comprehensive
Plan or Official Map, the classification of streets shall be determined
by the Planning Board.)
[Amended 8-13-2007; 6-7-2021 by L.L. No. 3-2021]
|
Street Type
|
Arterial
|
Collector and Minor
(feet)
|
Marginal Access
(feet)
| |
|---|---|---|---|---|
|
Minimum right-of-way
|
As determined by state or county road authorities
|
66
|
66
| |
|
Minimum pavement
|
As determined by state or county road authorities
|
24
|
24
|
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 Town Engineer. Such grading and
improvements shall be approved, as to the design and specifications,
by the Town Engineer.
C.
Fire hydrants. The installation of fire hydrants shall
be in conformity with all Town 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.
D.
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
energy company and authorized Town inspector.
E.
Utilities in streets. The Planning Board shall, wherever
possible, require that underground utilities to be dedicated to the
Town 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
or one length past all underground utilities, whichever is longer,
for such required utilities before the street is paved. Individual
sanitary sewer grinder pumps are not allowed in major subdivisions.
If sanitary sewer service for a major subdivision cannot be achieved
solely by gravity flow, the subdivision design must provide gravity
sewers to a centralized sanitary sewer pump station(s) which may then
discharge to the Town sanitary sewer system as long as it is demonstrated
that there is adequate capacity in the existing system. The cost of
the design, construction, and commissioning of any such pump station,
including permanent generators for backup power, will be the responsibility
of the developer.
[Amended 6-7-2021 by L.L. No. 3-2021]
F.
Utility easements. Where topography is such as to
make impractical the inclusion of utilities within the street rights-of-way,
perpetual unobstructed easements for utilities to be dedicated to
the Town, at least 15 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.
Locations and widths of easements for private utilities are to be
reviewed by the Town at the time of final plat submittal.
G.
Grades. Grades of all streets shall conform in general
to the terrain and shall not be less than 3/10 of 1% 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.
H.
Changes in grade. All changes in grade with an algebraic
difference greater than 1% shall be connected by vertical curves of
such length and radius as meet with the approval of the Town Engineer
so that clear visibility shall be provided for a safe distance.
I.
Curve radii at street intersections. All street right-of-way
lines at intersections shall be rounded by curves of at least twenty-foot
radius. Curbs at intersections with major or collector streets shall
have a minimum radius of 30 feet. Curbs at intersections of minor
streets shall have a minimum radius of 20 feet.
J.
Steep grades and curves; visibility of intersections.
(1)
A combination of steep grades and curves shall be
avoided.
(2)
Sketch A shall be as follows:
|
Sketch A
Grades and Curves
| |
|---|---|
 |
(3)
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.
K.
Dead-end streets (cul-de-sac). Culs-de-sac are not allowed unless specifically approved by the Planning Board during the study of sketch plan process discussed in Article III, § 169-8C. Where dead-end streets are approved by the Planning Board and are designed to be so permanently or temporarily, they should not exceed 800 feet in length, and shall terminate in a circular turnaround in conformance with the Town Standard Details and must be shown on the plat. Temporary stub streets, designed to provide proper protection of proposed streets into adjoining properties which are not yet subdivided, shall only be constructed to provide the curve radius to the point of tangency to allow for proper catch basin and storm sewer placement for future construction. These stub streets will not be paved to the property line and driveways cannot exit to these stub streets.
[Amended 8-13-2007; 6-7-2021 by L.L. No. 3-2021; 11-7-2022 by L.L. No. 3-2022]
L.
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.
M.
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.
N.
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.
O.
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.
P.
Islands. Center islands in culs-de-sac must be paved
as roadways. Subdivision entrance islands must also be paved as roadways.
[Amended 6-7-2021 by L.L. No. 3-2021]
Q.
Signage. The type (size, shape, style) of street name sign shall
be in accordance with Town standards. All new streets shall also require
the appropriate traffic control signage in accordance with the National
Manual of Uniform Traffic Control Devices (MUTCD - current edition),
including the New York State Supplement (current edition), and/or
as requested by the Town. All signage types and locations must be
shown on the construction drawings. For existing approved subdivision
phases, signage types and locations shall be determined by the Town
Highway Superintendent and Town Engineer during the PIP process. Street
name signage and traffic control signage will be provided by and installed
by the Town of Wheatfield at the cost of the developer/applicant.
These costs shall be based on an approved sign fee schedule, and the
total cost to the developer/applicant will be finalized by the Town
during the PIP process. These costs must be paid to the Town prior
to sign installation, and installation must be complete prior to final
acceptance of the PIP.
[Added 3-19-2018 by L.L.
No. 2-2018]
[Amended 9-15-2008 by L.L. No. 8-2008]
A.
Type of name. All street names shown on a preliminary
plat or subdivision plat shall be approved by the Planning Board.
Streets shall have names and not letters or numbers. There will be
no north, south, east, or west designations (e.g., Woodland Court
North or North Main Street). After approval, street names shall not
be changed without approval of the Town Board.
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 shall bear the same name. Street names shall
not be approved for names that already occur in the same zip code
area or elsewhere within the Town. Generally, no street should change
direction by more than 90° without a change in street name. However,
this may be allowed when only a few building lots will be established
and the road will not be extended in the future.
C.
Review of street names. Street names will be reviewed
by the Building Department, Niagara County Sheriff's Department and
the United States Postal Service prior to final subdivision plat approval.
A.
Lots to be buildable. The lot arrangement shall be such that, in constructing a building in compliance with Chapter 200, 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 Town 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 this chapter.
F.
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 final subdivision
plat.
A.
Removal of springwater and surface water. The subdivider
will be required by the Planning Board to carry away any springwater
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. Under most circumstances, the drainage facilities
must be a closed or piped system. The Town may allow open ditches
in certain instances, by the Town Board's sole discretion upon recommendation
of the Planning Board and Town Engineer, after consideration of factors
such as technical feasibility, economic viability, public health and
safety, aesthetics, the Greenspace Master Plan and any other factors
that the Town Board deems reasonable and necessary. All drainage facilities
must be designed to convey, at a minimum, the anticipated runoff from
a ten-year storm event. Drainage system design must meet all local,
state and federal regulations. The Planning Board may require the
recommendation of the Town Drainage Committee and Town Engineer in
such cases where proper drainage is in question.
[Amended 8-13-2007]
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 Town Engineer shall approve the design and size of the facility based on anticipated runoff from a 100-year storm under conditions of total potential development permitted by Chapter 200, Zoning, in the watershed.
[Amended 8-13-2007; 11-7-2022 by L.L. No. 3-2022]
C.
Detention requirements. Detention of stormwater must
be provided unless the subdivider can prove that detention will increase
the peak flow downstream. Detention facilities and stormwater treatment
systems must be designed in accordance with the New York State Stormwater
Management Design Manual unless approved otherwise by the Town and
NYSDEC. In addition, the detention must also limit the peak discharge
for a twenty-four-hour, twenty-five-year, postdeveloped storm to less
than or equal to the peak discharge for a ten-year, predeveloped storm.
The Town requires hydrodynamic units to be installed in lieu of forebays
on retention ponds. The type of hydrodynamic unit must be a high-efficiency
CDS system as manufactured by CDS Technologies or an equivalent unit
that is included in the "Verified Proprietary Stormwater Management
Practices" list in the New York State Stormwater Management Design
Manual.[1]
[Amended 8-13-2007]
[1]
Editor’s Note: Former Subsection D, Land submit to flooding,
was repealed 8-13-2007.
A.
Recreation areas shown on Town plan. Where a proposed park, playground, open space or trail shown on the Town's Comprehensive Plan or Greenspace 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 Town or county by the subdivider if the Town Board approves such dedication.
B.
Parks and playgrounds not shown on Town 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 parks, playgrounds, open space 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
requirements that the plat show land for such purposes. The Board
shall then require payment of a fee as set forth from time to time
by resolution of the Town Board per subdivision lot in lieu of the
dedication or reservation of areas or sites for the above uses.
[Amended 9-15-2008 by L.L. No. 8-2008]
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. 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.
If a subdivider wishes to remove excess topsoil
from a subdivision, sufficient topsoil must remain on site such that
after development each lot has a minimum of five inches of topsoil
in all grassed areas. The subdivider shall include with the construction
drawings submitted with the final plat calculations indicating the
volume of topsoil that must remain on site. Required topsoil must
be placed on each lot prior to issuance of a certificate of occupancy.
A conditional certificate of occupancy may be granted if, at the discretion
of the Building Inspector, the topsoil cannot be placed on the lot
at the time that a certificate of occupancy is requested. At no time
shall storage of topsoil infringe on any required drainage easements.
If open space, streets or utilities are owned
and maintained by a homeowners' or condominium association, the subdivider
shall file a declaration of covenants and restrictions that will govern
the association, to be submitted with the application for the preliminary
approval. The provisions shall include, but are not necessarily limited
to, the following:
A.
The homeowners' association must be established before
the homes/lots are sold. In the case of private streets or private
utilities, the association must be established prior to the issuance
of the public improvement permit.
B.
Membership must be mandatory for each home buyer and
any successive buyer.
C.
Any open space restrictions must be permanent, not
just for a period of years.
D.
The association must be responsible for liability
insurance, local taxes and the maintenance of recreational and other
facilities.
E.
Homeowners must pay their prorated share of the cost,
and the assessment levied by the association can become a lien on
the property if allowed in the master deed establishing the homeowners'
association.
F.
The association must be able to adjust the assessment
to meet changed needs.
