The Planning 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 menaces.
B.
Treatment of unique features. Existing features of
the site which would add value to residential or other development,
such as desirable trees, water bodies and watercourses, historic spots
and similar irreplaceable assets, should be preserved through harmonious
design of the subdivision.
C.
Conformity with Official Map and Comprehensive Plan.
Subdivisions shall conform to the streets and parks shown on the Official
Map of the town as may be adopted and shall be properly related to
the Town Comprehensive Plan as it is developed and adopted by the
Town 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)
Local residential streets shall be designed so as
to discourage through traffic.
(4)
Tables.
(a)
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**
|
Variable
|
Variable
|
|
Collector
|
70
|
24
|
|
Local residential (minor)
|
60
|
20
|
|
Cluster
|
50
|
20
|
|
Marginal service (access)
|
40
|
20
|
|
NOTES:
| ||
|
*Pavement width does not include the width
of curbs or gutters.
| ||
|
**Design generally controlled by state or county
highway criteria.
| ||
(b)
Geometric street standards shall be as follows:
|
Geometric Standards for Streets
| ||||
|---|---|---|---|---|
|
Standard
|
Arterial2
|
Collector4
|
Minor and Marginal Access
|
Cluster
|
|
Maximum grade1
|
4%
|
6%
|
7%
|
8%
|
|
Minimum grade
|
0.5%
|
0.5%
|
0.5%
|
0.5%
|
|
Minimum vertical sight distance3
|
600 feet
|
300 feet
|
200 feet
|
150 feet
|
|
Minimum center line radius for horizontal curves
|
500 feet
|
300 feet
|
150 feet
|
100 feet
|
|
Minimum length of vertical curves
|
200 feet; in no case less than 30 feet for each
|
100 feet; in no case less than 20 feet for each
|
Same as minor street
| |
|
Minimum length of tangents between curves
|
200 feet
|
1-percent difference of grade 100 feet
|
1-percent difference of grade 100 feet
| |
|
NOTES:
1 Steeper grades
may be allowed upon written approval from the Planning Board.
| ||||
|
2 Design generally
controlled by state or county highway criteria.
| ||||
|
3 Sight distance
shall be measured between two (2) points along the center line of
the street on a straight line entirely within the street right-of-way
and clear of obstructions, one (1) of the points to be at the surface
of the street and the other four and one-half (41/2) feet above the
surface.
| ||||
|
4 Collector streets
which do not service an area containing at least one hundred fifty
(150) dwelling units under ultimate area development may be considered
as minor streets for purposes of design standards. The service area
of a collector includes those dwelling units on minor streets which
feed into the collector.
| ||||
(5)
Whenever possible, streets should intersect at right
angles and not intersect at angles of less than seventy-five degrees
(75º) unless approved by the Planning Board.
(7)
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.
(8)
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,
except when a future extension is anticipated.
(c)
No cul-de-sac shall exceed five hundred (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 seventy
(70) feet; the outer edge of pavement at the turn shall have a minimum
radius of sixty (60) feet and a twenty-foot paving width and two (2)
thirty-inch-wide gutters which will permit a turning radius of twenty-five
(25) feet at the inner curb.
(9)
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.[2]
(10)
New half or partial streets shall not be permitted,
except that wherever a proposed subdivision borders a half or partial
street, the Planning 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.
(11)
Multiple intersections involving a junction
of more than two (2) streets shall be prohibited.
(12)
Local residential streets and residential collector
streets shall not intersect with arterial streets less than eight
hundred (800) feet apart, measured from center line to center line.
(13)
The minimum distance between center line offsets
at street jogs shall be one hundred fifty (150) feet.
(14)
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. This is to be checked with the United States Postal Service.
(15)
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, and said items shall be approved by the town prior to final
approval of the subdivision plat by the Planning Board.
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 subdivision plat must conform
to the minimum requirements of the Zoning Ordinance 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 Planning
Board may use its discretion in determining lot sizes, but no increase
in gross density contrary to the requirements of the Zoning Ordinance
shall be permitted.
[Amended 10-10-1994 by L.L. No. 1-1994]
(3)
Each lot shall abut on a street built to the town's
specifications. The exception to this might be when § 278
of the Town Law or a planned unit development approach is planned
with private drives.
[Amended 10-10-1994 by L.L. No. 1-1994]
(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 lots shall be at right angles to straight
streets 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 Planning 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)
Where lots abut existing town, county, state
or federal streets, marginal access roads or a reverse-frontage approach
shall be used with a minimum number of driveways and/or streets entering
onto these roads.
C.
Easements. An easement shall be provided for all natural
drainageways 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. 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 of such width as will be adequate to preserve
natural drainage and provide sufficient width for maintenance. Where
it is found that additional easement width is needed, such width shall
be determined by the Planning 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.
D.
Landscaping and ground cover.
(1)
All lot areas which are not covered by structures
or paving shall be properly graded and seeded by the developer prior
to road dedication.
(2)
When a proposed subdivision borders upon an existing
commercial or industrial establishment or any other use which, in
the opinion of the Planning Board, may be visually detrimental to
the tranquility of the future residents of the subdivision, the Planning
Board will require a landscape screen approved by the Planning Board
to buffer the subdivision from the visually noncompatible use. The
setback from residential land is to be a minimum of one hundred (100)
feet with the last fifty (50) feet thoroughly landscaped.
E.
Preservation of natural features.
(1)
Topsoil moved during the course of construction shall
be redistributed so as to provide at least six (6) 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 Planning Board.
(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 Planning Board may, after proper investigation, require modification
of such lots. Where any land other than that included in public rights-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 Planning
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 Planning Board, a change
or realignment will enhance the development and beauty or 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 the rules and regulations of the New York State
Department of Environmental Conservation.
(4)
Unique physical features, such as historic landmarks
and sites, rock outcroppings, hilltop lookouts, desirable natural
contours and similar features, shall be preserved if possible.
(5)
The subdivider shall not be permitted to leave any
surface depressions which will collect pools of water except when
specifically designed for the purpose of retaining water.
(6)
The subdivider shall not be permitted to leave any
hills or mounds of soil on the tract. All surfaces shall be restored
within six (6) months of the time of the completion of the section
of the subdivision and provided with vegetative ground cover adequate
to prevent water or wind erosion.
F.
Floodplain.[3]
(1)
Mapping. If any portion of the land within the subdivision
is subject to inundation or flood hazard by stormwater or lies within
a flood hazard area as designated by the Federal Flood Insurance Administrator
in accordance with the Flood Disaster Protection Act of 1973, such
tract 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. The subdivider shall conform to land use and
control measures required by the Flood Insurance Administrator or
for flood hazard areas in accordance to the Flood Disaster Protection
Act of 1973.
(3)
Flood hazard prevention.
(a)
Flood hazard prevention shall include the control
of soil erosion of land surface and drainage channels and the prevention
of inundation and excessive groundwater seepage by comprehensive site
grading and the establishment of adequate elevations of buildings,
building openings and roadways above the observed, anticipated or
computed water levels of storm sewers, streams, channels, floodplains,
detention basins and swales.
(b)
All development proposed within the special
flood hazard area as defined by the Federal Insurance Administrator
shall comply with the various regulations set forth by the Federal
Insurance Administrator.
(c)
Development within or adjacent to the floodplain
or floodplain district shall comply with current town zoning ordinances
and regulations.
G.
Self-imposed restrictions. The owner may place restrictions
on the development greater than those required by the Zoning Ordinance.
Such restrictions, if any, shall be indicated on the preliminary and
final subdivision plat.
H.
Modification of standards. The Planning Board by resolution
may modify the specified requirements in any individual case where,
in the Board's judgment, such modification is in the public interest
or will avoid the imposition of unnecessary individual hardship. All
modifications shall be shown on the final subdivision plat.
I.
Parks, playgrounds or open space.
(1)
Pursuant to § 277 of the Town Law, subdivision
plats shall show, in proper cases and when required by the Planning
Board, suitable areas for neighborhood parks or playgrounds.
(2)
When such recreation areas are required by the Planning
Board, they shall be provided on the basis of at least three (3) acres
for every one hundred (100) dwelling units to be accommodated within
the subdivision. They shall have physical characteristics and locations
which render them readily usable for appropriate recreation purposes,
and their locations shall be selected with a view to minimizing hazards
from vehicular traffic for children walking between such facilities
and their homes in the neighborhood. No such area may be smaller than
two (2) acres and, in general, any recreation area of less than four
(4) acres shall be located at a suitable place on the edge of the
subdivision so that additional land may be added at such time as the
adjacent land is subdivided.
(3)
The subdivision plat shall include a detailed site
development plan for each neighborhood park or playground. As a minimum,
the site development plan shall provide for an approximately level
area at least one hundred seventy-five (175) feet square for children's
field games. The site plan shall show how the entire area is to be
graded, drained and landscaped to make it a useful and attractive
feature of the neighborhood. All improvements shown on the site development
plan shall be made by the subdivider as part of the required improvements
of the subdivision as a whole.
(4)
If the Planning Board does not require the developer
to provide recreation areas as above, it shall require the developer
to pay a playground or recreation site and development fee at a rate
per lot to be set by the Town Board. Such fees shall be paid to the
Town Board at the time of the issuance of a building permit for new
residential construction. Such fees shall be deposited in the Town
of South Bristol Recreation Account Special Fund and shall be exclusively
for the use of the town to purchase, acquire, develop and equip park,
playground and other recreational areas.
J.
Other standards. Final subdivision plans shall conform
to the Design Criteria and Construction Specifications for Land Development
for the Town of South Bristol.[4]
[4]
Editor's Note: The Design Criteria and Construction
Specifications for Land Development are available for inspection in
the office of the Town Clerk.
