In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. Said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article VI herein.
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.
C.
Specifications for required improvements. All required
improvements shall be constructed or installed to conform to the Town
specifications, which may be obtained from the Town Engineer.
A.
Width, location and construction. Streets shall be
of sufficient width, suitably located and adequately constructed to
conform with the Comprehensive Plan, if such exists, 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.[2]
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 principal streets into
adjoining properties which are not yet subdivided, in order to make
possible necessary fire protection, movement of traffic, and the construction
or extension, presently or when later required, of needed utilities
and public services such as sewers, water and drainage facilities.
Where, in the opinion of the Planning Board, topographic or other
conditions make such continuance undesirable or impracticable, the
above conditions may be modified.
C.
Minor streets. Minor streets shall be so laid out
that their use by through traffic will be discouraged.
D.
Special treatment along major arterial streets. When
a subdivision abuts or contains an existing or proposed major arterial
street, the Board may require marginal access streets, reverse frontage
with screen planting contained in a nonaccess reservation along the
rear property line, deep lots with 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.
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 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.
F.
Dead-end streets. The creation of dead-end or loop
residential streets will be encouraged wherever the Board finds that
such type of development will not interfere with normal traffic circulation
in the area. In the case of dead-end streets, where needed or desirable,
the Board may require the reservation of a twenty-foot-wide easement
to provide for the continuation of pedestrian traffic and utilities
to the next street. Subdivisions containing 20 lots or more shall
have at least two street connections with existing public streets,
or streets shown on the Official Map, if such exists, or streets on
an approved subdivision plat for which a bond has been filed.
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
sidewalk be included.
H.
Intersections with collector or major arterial roads.
Minor or secondary street openings into such roads shall, in general,
be at least 500 feet apart.
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 at
the original topography.
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.
B.
Improvements.
(1)
Streets shall be graded and improved with pavements,
curbs and gutters, sidewalks, storm drainage facilities, water mains,
sewers, street trees, and fire hydrants in such a manner as to meet
the minimum requirements of the Town Board and the standards established
as part of the Comprehensive Plan of the Town.[2]
(2)
Waivers may be requested and the Planning Board may
waive sections or reduce the standards established as part of the
Comprehensive Plan, subject to appropriate conditions, where such
improvements, in the judgment of the Planning Board, may be omitted
or altered 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
design and specifications by the Town Engineer.[3]
(3)
Fire hydrants. Installation of fire hydrants shall
be in conformity with all requirements of standard thread and nut
as specified by the New York Fire Insurance Rating Organization and
the Division of Fire Safety of the State of New York.
(4)
Street lighting 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
power company and the authorized Town electrical inspector.
C.
Utilities in streets. The Planning Board shall, wherever
possible, require that underground utilities be placed in the street
right-of-way between the paved roadway and the 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 for such required utilities before
the street is paved. Utilities shall be installed in conformance with
Public Service Law, Electric Utilities, Part 100, Section 100.1, New
construction of underground facilities in residential subdivisions,
as amended at the time of the application.
D.
Utility easements. Where topography is such as to
make impractical the inclusion of utilities within the street rights-of-way,
perpetual unobstructed easements at least 20 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.
E.
Dead-end streets (cul-de-sacs). Dead-end streets should
conform with the Town Standards for Street Design.[4] At the end of temporary dead-end streets a temporary turnaround
with a pavement radius of 50 feet shall be provided, or a T-turn around
with specifications according to the Town Highway Standards, unless
the Planning Board approves an alternate arrangement.
F.
Watercourses.
(1)
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.
(2)
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.
G.
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 street shall not be less than 400 feet on major commercial
streets, 200 feet on collector thoroughfare streets and 100 feet on
minor rural streets.
H.
Service streets or loading space in commercial developments.
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.
I.
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.
A.
Type of name. All streets shown on a preliminary plat
shall be approved by the Planning Board. In general, streets shall
have names and not numbers or letters.
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 streets that join or
are in alignment with streets of an abutting or neighboring property
shall bear the same name. Generally, no street should change direction
by more than 90° without a change in street name.
C.
Street names and numbering. Naming and numbering of
streets shall be done in coordination with county requirements as
amended at the time of the application.
A.
Lots to be buildable.
(1)
The lot arrangement shall be such that in constructing
a building in compliance with state and local laws; 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.
(2)
A lot intended for use for single-family residential
purposes must contain a buildable area of 5,000 square feet. The buildable
area shall exclude areas of excessive slope and on which state or
federal environmental regulations shall preclude development. In addition,
the buildable area shall exclude all of the area within 15 feet of
any side or rear line and an area within 50 feet of any road. In the
event that the road is a state route, that excluded area shall be
75 feet. For nonresidential lots, the minimum buildable area would
be determined by the Board after consideration of all relevant facts.
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 specifications of the Town driveway ordinance, if one exists.
Driveway grades between the street and the setback line shall not
exceed 10%.
E.
Access.
(1)
The subdividing of land shall be such as to provide,
by means of a public street, each lot with satisfactory deeded access
in fee to an existing public street. When not indicated on the Comprehensive
Plan or Official Map, if such exists, the determination of sufficient
access shall be made by the Board.[1]
(2)
Access from private streets shall be deemed acceptable
only if such streets are designed and improved in accordance with
these regulations. All private streets shall conform to all state
standards and regulations.
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 subdivision
plat.
G.
Dedication of streets. Proposed streets shall be referred
to the Town Board for consideration as soon as practicable in the
review process. Whenever possible, such referral shall be made immediately
following approval of the preliminary plat application. All streets
proposed for dedication to the Town Board shall be marked or designated
by a licensed surveyor or engineer.
A.
Removal of spring and surface water. The subdivider
may be required by the Planning Board to carry away by pipe or open
ditch any spring 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.
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 facility based on anticipated
runoff from a "ten-year" storm under conditions of total potential
future development in the watershed.
C.
Responsibility from drainage downstream. 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 Planning Board shall notify the Town Board of such potential
condition. In such case, the Planning Board shall not approve the
subdivision until provision has been made for the improvement of said
condition.
D.
Land subject to flooding. Land subject to flooding
or land deemed by the Planning Board to be 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, but such land within the plat shall be set aside for such
uses as shall not be endangered by periodic or occasional inundation
or improved in a manner satisfactory to the Planning Board to remedy
said hazardous conditions.
A.
Recreation areas shown on Town Plan. Where a proposed park, playground or open space shown on the Town Plan is located in whole or in part in a subdivision, the Board shall 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.
(1)
The Planning Board shall require that the plat show
sites of a character, extent, and location suitable for the development
of a park, playground, or other recreation purpose. The Planning Board
may require that the developer satisfactorily grade any such recreation
areas shown on the plat.
(2)
The Board shall require that the plat show sites of
a character, extent, and location suitable for the development of
a park, playground, or other recreation purpose. The Planning Board
may require that the developer satisfactorily grade any such recreation
areas shown on the plat.
C.
Information to be submitted. In the event that an
area to be used for a park or playground is required to be so shown
the subdivider shall submit, prior to final approval, to the Board,
three prints, one on Mylar, at a scale of not less than 30 feet to
the inch, such area and the following features thereof:
(1)
The boundaries of said area, giving lengths and bearings
of all straight lines; radii, lengths, central angles and tangent
distances of all curves.
(2)
Existing features such as brooks, ponds, clusters
of trees, rock outcrops, structures.
(3)
Existing and, if applicable, proposed changes in grade
and contours of the area and of areas immediately adjacent.
D.
Waiver of plat designation of area for parks and playgrounds.
(1)
In cases where the Planning Board finds that, due to the size, topography or location of the subdivision, land for park, playground or other recreation purpose cannot be properly located therein, or if in the opinion of the Board it is not desirable, the Board may waive the requirement that the plat show land for such purposes. The Board shall then require as a condition to approval of the plat a payment to the Town of a fee which shall be the amount adopted by the Town Board pursuant to Town Code Chapter 110 and listed on the Fee Schedule.
[Amended 11-7-2012 by L.L. No. 4-2012]
(2)
Such amount shall be paid to the Town Board at the
time of final plat approval, and no plat shall be signed by the authorized
officer of the Planning Board until such payment is made. All such
payments shall be held by the Town Board in a special Town Recreation
Site Acquisition and Improvement Fund to be used for the acquisition
of land that (a) is suitable for a permanent park, playground or other
recreational purposes, and (b) is so located that it will serve primarily
the general neighborhood in which the land covered by the plat lies,
and (c) shall be used only for park, playground or other recreational
land acquisition or improvements. Such money may also be used for
the physical improvement of existing parks or recreation areas serving
the general neighborhood in which the land shown on the plat is situated,
provided the Planning Board finds there is a need for such improvements.
E.
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.
F.
Reservation 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.
If a homeowners' or condominium association
is proposed, the developer 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 are sold;
B.
Membership must be mandatory for each homebuyer and
any successive buyer;
C.
The 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 pro-rata share of the cost,
and the assessment levied by the association shall become a lien on
the property, and the master deed establishing the homeowners' association
shall provide that unpaid assessments will become a lien;
F.
The association must be able to adjust the assessment
to meet changed needs; and
G.
Evidence that the association has met New York State
Department of State requirements.
