The Town Board, in considering an application
for the subdivision of land, shall be guided by the following considerations
and standards.
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 to Official Map and Comprehensive Plan.
Subdivision shall conform to the streets and parks shown on the Official
Map as may be adopted and shall be properly related to the Comprehensive
Plan as it is developed and adopted by the Planning Board.
A.
Streets. The following regulations shall govern the
layout of streets:
(1)
Subdivisions shall be so designed as to provide a
street pattern which is curvilinear in design. The design of the street
pattern shall be based upon a local residential or minor street pattern
connected to a residential collector street system.
(2)
The arrangement of streets in new subdivisions shall
make provision for the continuation of existing streets in adjoining
areas or their proper protection where adjoining land is not subdivided,
at the same or greater width insofar as such may be deemed necessary
for public requirements.
(3)
When a subdivision abuts or contains an existing or
proposed major arterial street, the Town 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.
(4)
Local residential streets shall be designed through
the use of culs-de-sac, marginal access streets, etc., so as to discourage
through traffic.
(5)
All right-of-way street widths and street pavements
shall be measured at right angles or radial to the center line of
the street and shall not be less than the following:
|
Type of Street
|
Right-of-Way
(feet)
|
Pavement
(feet)
| |
|---|---|---|---|
|
Arterial
|
120
|
12 for each lane
| |
|
Collector
|
80
|
40
| |
|
Local residential
|
60
|
32
| |
|
Marginal service
|
60
|
24 (no parking)
|
(6)
Whenever possible, streets should intersect at right
angles and not intersect at angles of less than 60° unless approved
by the Town Board.
(7)
The grades of streets shall be in accordance with
specifications established by the Town Engineer, and such grades as
submitted on subdivision plats shall be approved by him prior to final
approval by the Town Board.
(8)
All street right-of-way lines at intersections shall
be rounded by curves of at least 20 feet radius, and curbs shall be
adjusted accordingly.
(9)
All proposed subdivisions shall be designed to provide
access to adjacent properties. When a proposed subdivision abuts an
existing subdivision, the subdivider shall make every attempt to design
the street system of the proposed subdivision to connect with dead-end
or stub streets of the existing subdivision.
(10)
The following standards shall apply to cul-de-sac
streets:
(a)
A cul-de-sac should be located, if possible,
so that it drains toward its entrance.
(b)
Unless there is the expectation of extending
the street through to the adjoining property, a cul-de-sac street
should never be brought to the property boundary line but should be
placed so that the lots can back on the property line of the subdivision.
(c)
No culs-de-sac shall exceed 500 feet in length.
(d)
All culs-de-sac shall have a turnaround at the
end of the street which shall have a right-of-way radius of 60 feet.
The outer curb at the turn shall have a minimum radius of 45 feet
and a twenty-foot paving width which will permit a turning radius
of 25 feet at the inner curb.
(11)
If a dead-end street is of a temporary nature,
a similar turnaround shall be provided and provisions made for future
extension of the street through to adjacent property and reversion
of the excess right-of-way to the adjoining properties.
(12)
New half or partial streets shall not be permitted,
except that wherever proposed subdivision borders a half or partial
street, the Town Board may require that the other part of the street
be platted in the proposed tract if it is found that such a requirement
would increase the effectiveness of the circulation system in the
area.
(13)
Multiple intersections involving a junction
of more than two street shall be prohibited.
(14)
Local residential streets and residential collector
streets shall not intersect with arterial streets less than 800 feet
apart, measured from center line to center line.
(15)
The minimum distance between center line offsets
at street jogs shall be 150 feet.
(16)
Minor or secondary street openings into collector
or major arterial roads shall, in general, be at least 500 feet apart.
(17)
No street shall have a name which will duplicate
or so nearly duplicate as to be confused with the names of existing
streets. The continuation of an existing street shall have the same
name.
(18)
The minimum radius of horizontal curve, minimum
length of vertical curves and minimum length of tangents between reverse
curves shall be in accordance with specifications established by the
Town Engineer, and said items shall be approved by him prior to final
approval of the subdivision plat by the Town Board.
(19)
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.
(20)
When a subdivision borders on or contains a
railroad right-of-way or limited access highway right-of-way, the
Town 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.
B.
Lots. The following regulations shall govern the layout
of lots:
(1)
The lot size, width, depth, shape and orientation
and the minimum building setback lines shall be appropriate for the
location of the subdivision and for the type of development and use
contemplated.
(2)
All lots shown on the plat must conform to the minimum
requirements of the Zoning Ordinances[1] as to area and dimensions for the zone in which the subdivision
is located. However, in the event of utilizing § 278 of
the Town Law, the Town Board may use its discretion in determining
lot sizes. Driveways shall be a minimum of 10 feet in width and shall
maintain a minimum twenty-foot side yard from the lot line.
[Amended 10-11-2016 by L.L. No.
3-2016]
(3)
Each lot shall abut on a street built to the Town's specifications as stipulated in Article IV, § 181-14A(5).
(4)
Corner lots shall have extra width sufficient for
maintenance of required building lines on both streets as required
by the Zoning Ordinance.
(5)
Where extra width has been dedicated for widening
of existing streets, lots shall begin at such extra width line and
all setbacks shall be measured from such line.
(6)
Side lines of lot shall be at right angles to straight
street and radial to curved streets.
(7)
Where there is a question as to the suitability of
a lot or lots for their intended use due to factors such as rock formations,
flood conditions or similar circumstances, the Town Board may, after
adequate investigation, require modification of such lots.
(8)
Block length and width or acreage within bounding
roads shall be such as to accommodate the size of lot required in
the area by the Zoning Ordinance and to provide for convenient access,
circulation control and safety of street traffic.
(9)
Blocks intended for commercial or industrial use shall
be designed specifically for such purposes with adequate space set
aside for off-street parking and delivery facilities.
(10)
Double frontage lots will not, in general, be
approved.
(11)
The lot arrangement shall be such that in constructing
a building in compliance with the Zoning Ordinance, 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.
(12)
Driveway access and grades shall conform to
specifications as established by the Town Engineer and on file in
the Town Clerk's office. Driveway grades between the pavement and
setback line shall not exceed 10%.
(13)
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 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.
C.
Easements. An easement shall be provided for all natural
drainageways with more than two-hundred-acre watersheds and all utility
lines when such utility line or lines do not fall within a dedicated
right-of-way. All easements shall be plotted on the preliminary plat
and subdivision plat. A clause shall be inserted in the deed of each
lot affected by an easement indicating that the easement exists and
its purpose. Except as further required in this section, easements
shall have a minimum width of 10 feet. Where a subdivision is traversed
by a drainageway, channel or stream, a drainageway easement conforming
substantially to the lines of such watercourse shall be provided.
The easement shall be 20 feet wide or such width as will be adequate
to preserve natural drainage and to provide sufficient width for maintenance.
Where it is found that additional easement width is needed, such width
shall be determined by the Town Board in consultation with the Town
Engineer. To the fullest extent possible, easements shall be centered
on or adjacent to rear or side lot lines. All utility lines which
are primarily intended to provide service to the lots within the subdivision
shall be installed underground at a depth and at such locations as
will minimize the risk of interruption of services. A five-foot easement
running parallel with and contiguous to all street and highway rights-of-way
shall be provided to the Town granting the Town the right to protect,
plant, prune, spray, remove, control, regulate and improve shrubbery
and shade trees thereon.
D.
Landscaping and ground cover.
(1)
All lot areas which are not covered by structures
or paving shall be properly seeded by the developer.
(2)
The developer shall provide a liberal and functional
landscaping scheme for the entire subdivision. Each lot shall be provided
with a minimum of two trees which shall be in addition to the street
shade trees. This requirement may be waived by the Town Board in wooded
areas where the subdivider intends to maintain existing trees.
(3)
Individual homeowners may, by written agreement with
the subdivider and builder, seed and landscape their yards independently,
but the subdivider is responsible to the Town Board to assure completion
of this requirement.
(4)
When a proposed subdivision borders upon an existing
commercial or industrial establishment or any other use which, in
the opinion of the Town Board, may be visually detrimental to the
tranquillity of the future residents of the subdivision, the Town
Board may require a landscape screen to buffer the subdivision from
the visually noncompatible use.
E.
Preservation of natural features.
(1)
Topsoil moved during the course of construction shall
be redistributed so as to provide at least six inches of cover to
all areas of the subdivision and shall be stabilized by seeding or
planting. At no time shall topsoil be removed from the site without
written permission from the Town Board. There shall be a minimum of
six inches of topsoil redistributed over all leach beds or fields
in addition to any other requirements by the appropriate Health Department.
(2)
To the fullest extent possible, all existing trees
and shrubbery shall be conserved by the subdivider. Special consideration
shall be given to the arrangement and ultimate improvement or development
of the lots to this end. Precautions shall also be taken to protect
existing trees and shrubbery during the process of grading the lots
and roads. Where there is a question as to the desirability of removing
a group of trees which serve to add interest and variety to the proposed
subdivision in order to allow for use of the land for a lot or lots,
the Town Board may, after proper investigation, require modification
of such lots. Where any land other than that included in public right-of-way
is to be dedicated to the public use, the developer shall not remove
any trees from the site without written permission from the Town Board.
(3)
Where a subdivision is traversed by a natural lake,
pond or stream, the boundaries or alignment of said watercourse shall
be preserved unless, in the opinion of the Town Board, a change or
realignment will enhance the development and beauty of the subdivision
or the utilization of such features by the future residents of the
subdivision. All proposed changes in watercourse alignment shall be
in accordance with § 15-0501 of the Environmental Conservation
Law.
[Amended 5-11-1993 by L.L. No. 1-1993]
(4)
When feasible, based on the availability of Soil Conservation
personnel, the developer should consult with the Erie County Soil
and Water Conservation District Office in preparing erosion control,
drainage, runoff water management and vegetation protection plans.
A recommendation from the Soil Conservation Service Office may be
required by the Town Board.
(5)
Unique physical features such as historic landmarks
and sites, rock outcroppings, hilltop lookouts, desirable natural
contours and similar features shall be preserved if possible.
(6)
The subdivider shall not be permitted to leave any
surface depressions which will collect pools of water.
(7)
The subdivider shall not be permitted to leave any
mounds of dirt or other debris around the tract. All surfaces shall
be restored within six months of the time of the completion of the
section of the subdivision.
F.
Floodplain areas.
(1)
Mapping. If any portion of the land within the subdivision
is subject to inundation or flood hazard by stormwater, such fact
and portion shall be clearly indicated on the preliminary plat and
the prominent note on each sheet of such map whereon any such portion
shall be shown.
(2)
Use. Land subject to flooding and land deemed by the
Town Board to be otherwise 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.
G.
Drainage improvements.
(1)
The subdivider may be required by the Town Board to
carry away by pipe or open ditch any spring-, ground- 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 peripheral unobstructed easements of appropriate
width.
(2)
A culvert or other drainage facility shall, in each,
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 facility based on anticipated
runoff for a ten-year storm under conditions of total potential development
permitted by the Zoning Ordinance[2] in the watershed. A five-year peak runoff capacity shall
be required for minor culverts if, in the opinion of the Town Engineer,
such requirement is deemed necessary.
(3)
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 reviewed
by the Town 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 Town Board shall be of such potential condition. In such case,
the Town Board shall not approve the subdivision until provision has
been made for the improvement of said condition.
H.
Parks, playgrounds or open space.
(1)
Land shall be reserved for park, playground, open
space or other recreational purposes in locations designated on the
Comprehensive Plan or elsewhere where the Town Board deems that such
reservations would be appropriate. For a subdivision, each reservation
shall be of an area equal to 10% of the total land within the subdivision.
The area to be preserved shall possess the suitable topography, general
character and adequate road access necessary for its recreational
purposes.
(2)
Where a subdivision is too small to establish an adequate
recreation area site, where the land in a subdivision is unsuitable
in character or where the Town Comprehensive Plan or good planning
judgment would not locate a recreation area, the applicant will be
required to provide a cash equivalent of $50 per lot, deposited with
the Town Clerk for the account of the Town Park, Playground and Open
Space Trust Fund to be used for acquisition of such areas in suitable
locations.
(3)
Where the Town Board requires land to be set aside
for parks, playgrounds or other recreational purposes, the Board shall
require that the site be graded, loamed and seeded and may require
it to be fenced.
(4)
When area for park, playground or recreational purposes
or open space shall have been required on the subdivision plat, the
approval of said subdivision plat shall not constitute an acceptance
by the Town of such an area.
J.
Modifications of standards. The Town Board may modify
the specified requirements in any subdivision where, in the Board's
judgment, such modification is in the public interest or will avoid
the imposition of unnecessary individual hardship as stipulated in
Article VIII.
