In considering applications for subdivision of land, the Zoning Board of Appeals shall be guided by the standards set forth hereinafter. The standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article XX 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.
B.
Conformity to the Zoning Ordinance and Comprehensive
Plan. Subdivisions shall conform to the Zoning Ordinance of the Town
and shall be in harmony with the Comprehensive Plan.
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 Highway Superintendent.
A.
Width, location and construction. Streets shall be
of sufficient width, suitably located and adequately constructed 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.
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 Zoning Board of Appeals, 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 and collector
streets. When a subdivision abuts or contains an existing or proposed
major arterial street, the Board may require marginal access streets,
reverse frontage consistent with the Town's major highway overlay
controls. In addition, required 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.
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. On lots containing five or more potential lots,
road front land area shall require a dedicated right-of-way, 60 feet
upon the subdivision of 30% of the parcels adjacent to the road right-of-way
for access to the rear portion of the originating parcel to provide
ingress/egress for the purposes of farming and future subdivision
or resubdivision of land.
F.
Dead-end streets. The creation of dead-end streets shall be discouraged. 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 two-hundred-foot-wide easement to provide for 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 on an approved subdivision plat for which a bond has been filed. Cul-de-sacs in the local street system shall not exceed 500 feet in length and shall be designed with a turnaround as described in § 139-69I.
G.
Flag lots. Notwithstanding the definition of "building
line, front," the Zoning Board of Appeals may, in its discretion,
approve a front building line which is a greater distance from the
street line than the minimum front yard setback, but only for lots
fronting an internal local Town-owned streets in new major residential
subdivisions.
H.
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 Zoning Board of Appeals 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-wide
paved footpath be included. New subdivided parcels shall generally
not exceed ratio of 4:1 lot frontage to lot depth (e.g., generally
not exceed a four to one rectangle in shape).
I.
Intersections with collector or major arterial roads.
Minor or secondary street openings into such roads shall, in general,
be at least 500 feet apart.
J.
Street jogs. Street jogs with center-line offsets of less than 125 feet shall be avoided. Therefore, opposing street intersections shall either be aligned or offset a distance of 125 feet measured from the center line of the intersection, except that streets intersecting arterial or collector roads shall comply with § 139-25.
K.
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.
L.
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 to
the original topography.
M.
Other required streets. Where a subdivision borders
on or contains a railroad right-of-way or limited-access highway right-of-way,
the Zoning Board of Appeals 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 distance shall also be determined
with due regard for the requirements of approach grades and future
grade separations.
A.
Widths of rights-of-way. Streets shall have the following
widths (the classification of streets shall be determined by the Board
in consultation with the Town Highway Superintendent):
|
Residential Subdivision Street Design
Standards
| ||||||
|---|---|---|---|---|---|---|
|
Design Standards
|
Collector
Arterial
|
Collector
Rural
|
Collector
Residential
|
Local
|
Marginal
Access
|
Cul-de-Sac
Diameter
|
|
Minimum right-of-way width (feet)
|
120
|
80
|
80
|
60
|
60
|
60/160
|
|
Minimum pavement width, excluding gutters (feet)
|
(2) at 26
|
24
|
30
|
24
|
24
|
24
|
|
Maximum grade
|
6%
|
6%
|
6%
|
10%
|
5%
|
8%
|
|
Minimum grade
|
0.50%
|
0.50%
|
0.50%
|
0.50%
|
0.50%
|
0.50%
|
|
Minimum radius of curves at the center line
(feet)
|
800
|
600
|
300
|
150
|
500
|
150
|
|
Minimum tangent between reverse curves (feet)
|
300
|
250
|
200
|
100
|
200
|
N/A
|
|
Maximum grade within 100 feet of the center
line of an intersection
|
1%
|
2%
|
2%
|
3%
|
3%
|
3%
|
|
Minimum stopping sight distance (feet)
|
400
|
200
|
200
|
150
|
200
|
100
|
|
Minimum distance between center line offsets
as street jogs
|
500
|
250
|
250
|
200
|
200
|
200
|
|
Maximum length of cul-de-sacs (feet)
|
N/A
|
N/A
|
N/A
|
500
|
N/A
|
130
|
|
Minimum outside radius of cul-de-sac pavement
(feet)
|
65
| |||||
|
Angle at intersection of street lines
|
90°
|
90°
|
90°
|
80° to 100°
|
80° to 100°
|
80° to 100°
|
|
Maximum curb intersection radius (feet)
|
30
|
30
|
30
|
25
|
25
|
25
|
B.
Improvements. Streets shall be graded and improved
with pavements, curbs and gutters, sidewalks, storm drainage facilities,
water mains, sewers, streetlights and signs, street trees and fire
hydrants, except where waivers may be requested, and the Zoning Board
of Appeals may waive, subject to appropriate conditions, such improvements
as it considers may be omitted without jeopardy to the public health,
safety and general welfare. Pedestrian easements and crossings shall
be improved and encouraged as required by the Zoning Board of Appeals.
Such grading and improvements shall be approved as to design and specifications
by the Town Highway Superintendent.
(1)
Fire hydrants. Installation of fire hydrants shall
be in conformity with all requirements of standard thread and nut
as specified by the New York State Fire Insurance Rating Organization
and the Division of Fire Safety of the State of New York.
(2)
Streetlighting 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 shall be in conformance with any applicable certification
and/or inspection requirements.
C.
Utilities in streets. The Zoning Board of Appeals
shall, wherever possible, require that underground utilities be placed
in the street right-of-way between the paved roadway and 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.
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.
Grades. Grades of all streets shall conform in general
to the terrain and shall not be less than 1/2% nor more than 6% for
major or collector streets, or 10% for minor streets in residential
zones, but in no case more than 3% within 50 feet of any intersection.
F.
Changes in grade. All changes in grade shall be connected
by vertical curves of such length and radius as meet with the approval
of the Town Highway Superintendent so that clear visibility shall
be provided for a safe distance.
G.
Curve radii at street intersections. All street right-of-way
lines at intersections shall be rounded by curves of at least twenty-foot
radius and curbs shall be adjusted accordingly.
H.
Steep grades and curves; visibility at intersections.
A combination of steep grades and curves shall be avoided. In order
to provide visibility for traffic safety, that portion of any corner
lot (whether at an intersection entirely within the subdivision or
of a new street with an existing street) which is shown shaded on
Sketch A and Sketch B shall be cleared of all growth (except isolated
trees) and obstructions above the level three feet higher than the
center line of the street. If directed, ground shall be excavated
to achieve visibility.
 |
I.
Dead-end streets (cul-de-sacs). Where dead-end streets
are designed to be so permanently, they should, in general, not exceed
500 feet in length and shall terminate in a circular turnaround having
a minimum inside edge of pavement radius of 65 feet and a pavement
width of a minimum of 1 1/2 times the width of the abutting road.
At the end of temporary dead-end streets, a temporary turnaround with
a pavement radius of 50 feet shall be provided, unless the Zoning
Board of Appeals approves an alternate arrangement. The width of right-of-way
of all cul-de-sacs shall be a minimum of 162 feet in diameter.
J.
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 Highway Superintendent.
(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 Highway
Superintendent and in no case less than 20 feet in width.
K.
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 streets, 200 feet
on collector streets, and 100 feet on minor streets.
L.
Service streets or loading space in commercial development.
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 and shall be separate from general vehicular circulation to the
greatest extent possible.
M.
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 is deemed necessary by the Zoning Board of Appeals
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 street names shown on a preliminary
plat or subdivision plat shall be approved by the Zoning Board of
Appeals.
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 that 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.
A.
Lots to be buildable. The lot arrangements 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 and should generally not exceed a 4:1 ratio of
lot width to lot depth.
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 150% larger than interior lots and have equal setbacks along both road lines to provide for proper building setback from each street and provide a desirable building site. Front yard setbacks shall conform to the major highway overlay controls as set forth in Article X, § 139-25, of the Zoning Ordinance.
D.
Driveway access. Driveway access and grades shall be a minimum of 250 feet from the center line of intersections with arterial and collector roads and shall conform to specifications of the Town Driveway Ordinance, if one exists. Driveway access locations shall conform to the major highway overlay controls as set forth in § 139-25 of the Zoning Ordinance. Driveway grades between the street and the setback line shall not exceed 10% and shall follow the crown line of the road and the shoulder and be constructed so that water coming down the driveway will exit into the roadside ditch before it reaches the shoulder of the road.
E.
Access from private streets. Access from private streets
shall be deemed acceptable only if such streets are designed and improved
in accordance with these regulations. Private streets shall not exceed
600 linear feet without proper access and turnaround provisions for
fire-fighting and life safety equipment.
F.
Monuments and lot corner markers. Permanent monuments
meeting specifications approved by the Town Highway Superintendent
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 Highway Superintendent may require, and their location shall
be shown on the subdivision plat.
A.
Grading and drainage. Street layout, block grading
and lot grading data shall be shown. The objective is to establish
the street grades, floor elevations and lot grades in proper relation
to each other and to existing topography, considering property protection,
aesthetic appeal, use and drainage.
B.
Storm and surface drainage.
(2)
The following shall be used to evaluate each stormwater
management plan: The peak rate of discharge for the site in question,
calculated in its developed condition, shall be equal to or less than
the peak rate of discharge for the site in its predeveloped (existing)
condition.
(3)
Any additional submission or design requirements for
the installation of stormwater management facilities shall be determined
by the Zoning Board of Appeals based on the review and recommendation
of the Town Highway Superintendent. The Zoning Board of Appeals may
consult with any other agencies or professionals, including but not
limited to the Oneida County Soil and Water Conservation District,
in making this determination.
(4)
Where an adequate public storm sewer main is available
at the plat boundary, the subdivider shall construct a storm sewer
system to be connected with the storm sewer main. If such storm sewer
system is not accessible, adequate stormwater drainage shall be provided
by natural drainage channels with easements of adequate width, except
that in the street right-of-way no open ditches shall be permitted
which in the judgment of the Zoning Board of Appeals would present
a hazard to pedestrian or vehicular travel or a nuisance due to unsightliness.
The Zoning Board of Appeals may also require any hazardous or unsightly
natural drainage ditch to be suitably screened or fenced.
C.
Culverts and bridges. When natural drainage channels
intersect any street right-of-way, it shall be the responsibility
of the subdivider to have satisfactory bridges and culverts designed
and constructed. Where culverts are required, the following minimum
requirements shall be observed:
(1)
All culverts shall extend across the entire roadway,
including the shoulders, and the capacity shall be approved by the
Town Highway Superintendent.
(2)
Driveway culverts for residential driveways shall
be a minimum of 12 inches in diameter and 20 feet in length. Residential
driveway culverts shall be no longer than 24 feet in length. Driveway
culverts for nonresidential driveways shall extend at least four feet
beyond the driveway on each side. The diameter of driveway culverts
shall be subject to the determination of the Town Highway Superintendent.
The driveway culverts shall be laid so as to maintain the flow line
of the ditch or gutter. Headwalls may be required if volume and grade
indicate the need.
(3)
In any case, such facilities shall be designed to
handle the anticipated increase in runoff which will occur when property
at a higher elevation in the same drainage basin is fully developed.
D.
Streets and slopes. A street shall be designed so
as to provide for the discharge of surface water from its pavement
surface. The slope of the crown on a street shall not be less than
1/8 of an inch per foot and not more than 1/3 of an inch per foot.
Adequate drainage facilities shall be provided at such points along
a street and at other points as necessary to intercept runoff.
E.
Abutting properties. In the design of storm drainage
facilities, special consideration must be given to preventing excess
runoff into adjacent developed or undeveloped properties. When a storm
drainage outlet will abut another property, the subdivider shall secure
approval in writing of the adjoining affected owners.
F.
Land subject to flooding. Land subject to flooding
or land deemed by the Zoning Board of Appeals 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 Zoning Board
of Appeals 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 Zoning Board of Appeals 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
Zoning Board of Appeals may require that the developer satisfactorily
grade any such recreation areas shown on the plat.
(2)
The Board shall require that not less than three acres
of recreation space be provided per 100 dwelling units shown on the
plat. However, in no case shall the amount be more than 10% of the
total area of the subdivision. Such area or areas may be dedicated
to the Town by the subdivider if the Town Board approves such dedication.
Appropriate legal measures should be taken to assure that such land
can never be developed for other than recreational purposes.
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 copy in ink on linen or an acceptable equal), at
a scale of not less than 30 feet to the inch, showing such area and
the following features thereof:
(1)
The boundaries of the 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 the area immediately adjacent.
D.
Waiver of plat designation of area for parks and playgrounds.
(1)
In cases where the Zoning Board of Appeals 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 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 $350 per gross acre of land which otherwise would have been acceptable as a recreation site. The amount of land which otherwise would have been acceptable as a recreation site shall be determined in accordance with the standards set forth in Subsection B hereof.
(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 Zoning Board of Appeals 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 is suitable for permanent park, playground
or other recreational purposes and is so located that it will serve
primarily the general neighborhood in which the land covered by the
plat lies, and 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 that the Zoning Board of Appeals 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.
Preservation of natural features. The Zoning Board
of Appeals 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, historic structures or locations, vistas and similar irreplaceable
assets.
(1)
Topsoil removed during the course of construction
shall be stockpiled and replaced so as to cover all areas of the subdivision
and shall be stabilized by seeding and plantings. Topsoil stockpiles
shall be graded and protected (seeded, mulched or other appropriate
techniques) so as to prevent soil loss through erosion and to avoid
sedimentation of watercourses.
(2)
To the extent possible, economically viable farmland
shall be avoided or allowed to continue in a manner that preserves
the economic viability and maximizes tillable acreage of land available
for active agricultural use both within and surrounding the land to
be subdivided.
(3)
Wherever possible, existing trees and shrubbery shall
be conserved by the subdivider. Care should be exercised in construction
so that damage to existing trees and shrubs is avoided. The Zoning
Board of Appeals may visit the site with the developer to discuss
optimum siting of streets and lots so as to preserve the existing
quality of the site.
(4)
Streams, lakes, ponds and wetlands within a subdivision
shall generally be left unaltered. Easements along watercourses as
a part of a comprehensive recreational and open space plan for the
development will be viewed favorably the Zoning Board of Appeals.
(5)
Unique physical, historical and cultural sites shall
be incorporated into the subdivision in their present state or improved
by the design.
(6)
All surfaces must be graded and restored within six
months of the time of completion of the subdivision so that no unnatural
mounds or depressions remain.
H.
Freshwater wetlands.
(1)
Any freshwater wetlands, including wetlands regulated
by the New York State Department of Environmental Conservation or
indicated on the National Wetlands Inventory (NWI) maps, must be so
marked on the preliminary plat.
(2)
All development in areas identified as freshwater
wetlands shall be permitted only upon submission of a joint application
and issuance of a permit by the New York State Department of Environmental
Conservation pursuant to the provisions of Article 24 of the New York
State Environmental Conservation Law.
