A.
Conformity with General Plan. The arrangement, width,
location and extent of major roads and all minor roads should conform and
be in harmony with the General Plan for the town. Roads not in the General
Plan should conform to the recommendation of the Planning Board based on existing
and planned roads, topography, public safety, convenience and proposed uses
of land. The Town Highway Superintendent shall be consulted by the Planning
Board for an advisory opinion before the approval of any new road.
B.
Arrangement. Residential minor roads shall be designed
to discourage through traffic, whose origin and destination is not within
the subdivision.
C.
Location. When a proposed subdivision is adjacent to
or contains a state highway, the Planning Board may seek information from
the New York State Department of Transportation as to the status of said highway
in reference to right-of-way and direction. The Planning Board may require
a marginal road approximately parallel to and on each side of such a right-of-way
at a distance suitable for an appropriate use of the intervening land as for
park purposes in residential districts or for commercial or industrial purposes.
Such distance shall also be determined with due regard for the requirements
of approach grades and future grade separation. Railroad rights-of-way shall
receive similar consideration.
D.
Intersections. Roads shall intersect one another at angles
as near to a right angle as possible, and no intersections of roads at angles
less than 60° shall be approved. Road intersections shall be rounded with
a radius of 25 feet measured at the right-of-way line when said intersection
occurs at right angles. If an intersection occurs at an angle other than a
right angle, it shall be rounded with a curve of radius acceptable to the
Planning Board. Road jogs with center-line offsets of less than 125 feet shall
be avoided.
E.
Dead-end roads. Each dead-end road shall be provided
with a turnaround deemed sufficient by the Town Highway Superintendent for
snowplowing. Dead-end roads designed to be so permanently shall not be permitted
unless provided with a turnaround.
F.
Half roads. Dedication of a half road shall be prohibited,
except when essential to the reasonable development of the subdivision in
conformity with the other requirements of this chapter and where the Planning
Board finds it will be practicable to require the dedication of the other
half when the adjoining property is subdivided. Wherever a half road is adjacent
to a tract to be subdivided, the other half of the road shall be platted within
such tract.
G.
Access. In commercial and industrial districts, definite
and assured provisions shall be made for service access, such as off-road
parking, loading and unloading consistent with and adequate for the uses proposed.
H.
Names and numbers. Names of new roads shall not duplicate
existing or platted roads. New roads which are extended or in alignment with
existing roads shall bear the name of the existing roads. House numbers shall
be assigned in accordance with the house numbering system now in effect in
the town.
I.
Road signs. The subdivider shall provide and erect road
signs of a type to be approved by the Town Board at all road intersections
prior to acceptance of the constructed roads.
J.
Trees. If roadside trees are provided, they should be
outside of the road right-of-way and planted in such a manner as to not impair
visibility at any corner or corners.
K.
Drainage. Adequate and dependable means for surface water
drainage and the necessary drainage of existing wet and hazardous areas must
be provided. Protection against flooding and damage from stormwater must be
assured.
L.
Standards for road design. The standards for road design
are as follows:
[Amended 8-3-2005 by L.L. No. 2-2005]
|
Standard
|
Minor Road
|
Major Road
|
Private Road
| |
|---|---|---|---|---|
|
Minimum width of right-of-way
|
50 ft.
|
60 ft.
|
25 ft.
| |
|
Minimum width of pavement
|
18 ft.
|
24 ft.
|
Note 1
| |
|
Minimum width of shoulders
|
5 ft.
|
5 ft.
|
3 ft.
| |
|
Minimum radius of horizontal curves
|
150 ft., except for road intersection corners
|
400 ft.
|
75 ft.
| |
|
Minimum length of vertical curves
|
Such that at least a line of sight of 100 ft. exists measured 3 ft.
above the road surface
|
200 ft.
|
50 ft.
| |
|
Minimum length of tangents between reverse curves
|
100 ft., except where excessive grades may be reduced to reasonable
grades by shortening a tangent
|
200 ft.
|
50 ft.
| |
|
Maximum grade
|
10%, except that grades up to 14% may be approved on short runs
|
6% to 8%
|
10%
| |
|
Minimum grade
|
1/2%
|
1/2%
|
0.50%
| |
|
Minimum braking
|
200 ft.
|
300 ft. sight distance
|
100 ft.
|
|
Notes:
1. Pavement not required, provided driving surface must be a minimum
of 16 feet.
|
M.
Private road special requirements. Any person wishing to subdivide
land providing access by means of a private road must show and demonstrate
to the Planning Board a plan for the ownership and continued upkeep and maintenance
of that road through some sort of mechanism satisfactory to the Planning Board.
A note shall be placed on such subdivision plats, and a restrictive covenant
shall be filed with the County Clerk's office notifying all potential buyers
that the road is a private road, that it is not intended to be nor shall it
be dedicated as a public road, and that maintenance is pursuant to a plan
between the private property owners, specifying what that plan might be and
so designated on the plat map and by restrictive covenants that Town and public
services, including school busing and Town plowing, shall not be provided
by the municipality.
[Added 8-3-2005 by L.L. No. 8-2005]
[Amended 6-1-1993 by L.L. No. 3-1993]
A.
Road improvements shall be installed at the expense of
the subdivider and with the approval and direction of the Town Highway Superintendent.
B.
Roads shall be built with:
(1)
A subgrade, which shall be rough graded and compacted
the full width of the road right-of-way. The subgraded material shall consist
of a minimum of 12 inches compacted Type 3 material.
(2)
A base course shall be placed on top of the subgrade
consisting of a minimum of four inches compacted Type 4 material. The base
course is to be applied to the width designated by the Town Highway Superintendent.
(3)
A surface course shall consist of a minimum of three
inches compacted asphalt concrete Type 3 binder. Over this binder, a one-inch
layer of compacted asphalt concrete Type 6 top shall be applied.
C.
When the asphalt concrete is used, shoulders shall be
brought up level to the edges of the asphalt concrete and tapered off according
to the discretion of the Town Highway Superintendent, using Type 4 material.
Sidewalks, curbs and gutters may be required and shall be installed
as follows:
A.
Sidewalks, curbs and gutters shall be installed at the
expense of the subdivider, at such locations as the Planning Board may deem
necessary.
B.
Sidewalks, curbs and gutters must be constructed to comply
with the detail specifications of the New York State Department of Transportation.
C.
Sidewalks shall be concrete or other approved material
and have a minimum width of four feet in residential areas and five feet in
commercial and industrial areas.
D.
Curbs shall be concrete.
Public utility improvements may be required and shall be installed as
follows:
A.
Fire protection. Hydrants shall be of size, type and
location specified by the Insurance Services Organization.Page 13
B.
Street lighting. Poles, brackets and lights shall be
of size, type and location approved by the local power company.
C.
Electricity. Power lines shall be placed underground
and shall be approved by the local power company.
D.
Utility services. Utility services shall be located from
six to eight feet from the front property line.
A.
Individual wells shall be installed at the expense of
the subdivider.
B.
If, in the opinion of the Planning Board, it is feasible
and desirable to require a public water supply system, such system shall be
installed at the expense of the subdivider and in accordance with New York
State Department of Health Sanitary Code.
B.
If, in the opinion of the Planning Board, it is feasible
and desirable to require a community sanitary sewer system, such system shall
be installed at the expense of the subdivider, in accordance with plans approved
by the New York State Department of Health and Department of Environmental
Conservation.
C.
Dry sewer lines may be required in those parts of the
town deemed to have sufficient population density to merit community sanitary
sewer systems in the future. Such requirements shall be in harmony with the
General Plan for the town.
[Amended 6-10-1992 by L.L. No. 3-1992; 6-1-1993
by L.L. No. 3-1993]
All lots shall abut by their full frontage on public roads to ensure
suitable access. The Planning Board is however, given the power pursuant to
§ 280-a, Subdivision 4, of the Town Law to allow the establishment
of an open development area wherein permits may be issued for the erection
of structures where access is given by right-of-way, easement or private road,
upon the following terms and conditions:
A.
All such rights-of-way, easements, or private roads must comply with §§ 143-17 and 143-18 of this chapter as to road design standards and construction standards, with the exception that the Planning Board may waive the requirements of § 143-18B(3) on a case by case basis where the developer can provide suitable rationale why this provision should be waived.
B.
The developer must establish, by deed restriction or
other suitable method, proper notice to all potential purchasers that lots
do not have frontage on a public road but are accessed through a private easement,
right-of-way or private road. Such restriction shall state that the Town of
Brownville has no duty to maintain or repair such private easement, right-of-way
or private road, and the same can not be dedicated to the town unless and
until it meets all then current town road standards.
C.
The developer must provide suitable proof to the Planning
Board that a mechanism will be in place to provide for ongoing maintenance
and upkeep of said easement, right-of-way or private road and a method must
be provided for collecting the costs of the same from the property owners
who gain access through that easement, right-of-way or private road.
D.
Where a developer is seeking access to lots off an easement,
right-of-way or private road, a detailed statement as to this matter shall
be set forth in the application for subdivision approval and no such application
shall be considered complete until a suitable explanation has been provided.
E.
Configuration. Lots whose depths exceed three times the average
width of the lot are to be discouraged. The Planning Board has full authority
to ask for alternate drawings showing lot configurations in conformity with
this principle.
Unique physical features, such as historic landmarks and sites, rock
outcrops, hilltop lookouts, desirable natural contours and similar features,
shall be preserved where possible. Also, streams, lakes, ponds and wetlands
shall be left unaltered and protected by easements. All surfaces must be graded
and restored within six months of completion of the subdivision so no unnatural
mounds or depressions are left. Original topsoil moved during construction
shall be returned and stabilized by approved methods. Damage to existing trees
should be avoided.
A.
Consideration shall be given to the allocation of areas
suitably located for community purposes as indicated on the General Plan and
be made available by one of the following methods:
(1)
Dedication to the town.
(2)
Reservation of land for the use of property owners by
deed or covenant.
(3)
Reservation for acquisition by the town within a reasonable
period of time. Said reservation shall be made in such manner as to provide
for a release of the land to the subdivider in the event that the town does
not proceed with the purchase.
(4)
If the Planning Board determines that suitable park or
parks of adequate size cannot be properly located in the plat or is otherwise
not practical, the Board may require, as a condition to approval of the plat,
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.
B.
The Planning Board may require the reservation of such
other areas or sites of a character, extent and location suitable to the needs
of the town as water plants, sewage treatment plant and other community purposes
not anticipated in the General Plan.
As a safety measure for the protection of the health and welfare of
the people of the town, that portion of a proposed lot which is found to be
unsuitable for subdivision due to harmful features (e.g., drainage problems),
shall not be subdivided until adequate methods are formulated by the subdivider
and approved by the Planning Board. Before final approval, the subdivider
shall, in lieu of the improvements, furnish a surety bond or certified check
covering the cost of the required improvements.
