Town of Wales, NY Development Standards

Streets. The following regulations shall govern the layout of streets:

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.

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]

[1]

Editor's Note: See Ch. 200, Zoning.

(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.

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.

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.

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.

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.

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.

[2]

Editor's Note: See Ch. 200, Zoning.

(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.

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.

Self-imposed restrictions. The owner may place restrictions on the development greater than those required by the Zoning Ordinance.[3] Such restrictions, if any, shall be indicated on the subdivision plat.

[3]

Editor's Note: See Ch. 200, Zoning.

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.