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Town of Elmira, NY
Chemung County
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The Planning Board, in reviewing an application for approval of a subdivision plat, shall be guided by the considerations and standards presented in this article. In its review, the Planning Board shall take into consideration the prospective character of the development and require that subdivision improvements be designed to such standards as are consistent with reasonable protection of the public health, safety, or welfare.
A. 
Lot size and arrangement. The dimensions and arrangements of lots shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in providing access to buildings on such lots or in securing building permits to build on the lots in compliance with Chapter 217, Zoning, of the Code of the Town of Elmira. In general, side lot lines shall be at right angles or radial to street lines, unless a variation from this can be shown to result in a better plan.
B. 
Access. Insofar as possible, lots shall not derive access from a major road. Access to lots adjacent to a major road shall in general be from marginal access roads or other roads within the subdivision. Where a watercourse separates the buildable area of a lot from the road by which it has access, provision shall be made for installation of a culvert or other structure, which shall be subject to the same design criteria and review as all other stormwater drainage facilities in the subdivision.
A. 
General.
(1) 
Road systems shall be designed with due regard to the needs for convenient traffic access and circulation; traffic control and safety; access for fire-fighting, snow removal, and street maintenance equipment; and stormwater drainage and sewage disposal. Roads shall be designed to accommodate the prospective traffic, so arranged as to separate through traffic from neighborhood traffic insofar as possible, and coordinated to compose a convenient system.
(2) 
The roads in contiguous developments shall be designed and coordinated so as to compose a convenient roadway system. Where a subdivision adjoins undeveloped land, its roads shall be laid out so as to provide suitable future road connections with the adjoining land when the latter shall be subdivided. A road thus temporarily dead-ended shall be constructed to the property line and shall be provided with a temporary turnaround of the same dimensions as for permanent dead-end roads, with a notation on the subdivision plat providing for temporary easements for the turnaround until such time as the road is extended. These same requirements shall apply at the discretion of the Planning Board in those cases where the adjoining land is in another section of the same subdivision, and which is not scheduled for development at the same time.
(3) 
Roads shall be logically related to the topography, and all roads shall be arranged so that as many building sites as possible are at or above the grade of the roads. Grades of roads shall conform as closely as possible to the original topography, A combination of steep grades and sharp curves shall be avoided.
(4) 
Where a subdivision abuts on or contains an existing or proposed major road, the Planning Board may require marginal access roads, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, deep lots with or without rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to separate through and local traffic.
(5) 
Where a subdivision borders or contains an existing or proposed railroad right-of-way or controlled-access highway right-of-way, the Planning Board may require a road 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 business, commercial or industrial purpose in appropriate areas. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
B. 
Standards for road design. All streets shall be designed and constructed to conform to the Town specifications. The Town Highway Superintendent shall approve all street design and construction.
Minimum Road Standards
Standard
Major Road
Collector Road
Minor Road
Cul-de-Sac**
Minimum right-of-way width (feet)
60
50
50
80
Maximum grade
8%
10%
10%
10% (5% within turnaround)
Minimum grade
0.5%
0.5%
0.5%
0.5%
Minimum radius of horizontal curves (feet)
500
300
150
150
Minimum length of vertical curves (feet)
300
100
100
100
Minimum braking sight distance (feet)
250
200
200
150
Minimum distance between center line of street offsets (feet)
200
150
150
150
Minimum outside pavement radius (feet)
50**
Angle at intersection of street center lines
80° to 100°
80° to 100°
75° to 105°
75° to 105°
Maximum length (feet)
6 times the minimum required lot width*
NOTES:
*
The Planning Board may approve an absolute maximum of no more than 10 times the minimum lot width.
**
T-type turnarounds are acceptable with a minimum leg dimension of 40 feet or greater depending on the requirements of Town equipment.
C. 
Typical road section. The typical section approved by the Town Superintendent of Public Works shall be used for all roads. Pavement and right-of-way width may vary with the type of use, required drainage facilities, or other appurtenances.
D. 
Private roads. All private roads as defined herein shall have a minimum 50 feet of right-of-way granted by the subdivider/developer to each lot owner served by the road. The middle 20 feet shall be improved with base, gravel and drainage structures as described in the Town's specifications, exclusive of any required paving coats.
E. 
Road intersections.
(1) 
Intersections of major roads shall be held to a minimum and spaced at least 1,000 feet apart, and intersections of collector roads by other roads shall be at least 800 feet apart. Cross (four-cornered) road intersections shall be avoided insofar as possible, except at intersections where both roads are at least of collector designation. Between offset intersections there shall be a distance of at least 150 feet. Within 50 feet of an intersection, roads shall be approximately at right angles, and in no case shall the angle of intersection be less than 75° without additional channelization. Minimum curb radii shall depend on the intersecting road types and shall be as follows:
(a) 
Collector with collector: 35 feet.
(b) 
Minor with collector: 30 feet.
(c) 
Minor with minor: 25 feet.
(2) 
Collector or minor roads into the subdivision from a major road shall have a minimum curb radius of 40 feet. All property corners at road intersections shall be rounded with a radius of 20 feet or have comparable cutoffs or chords. Within triangular areas formed by the intersecting road lines, for a distance of 75 feet from their intersection and the diagonals connecting the end points of these lines, visibility for traffic safety shall be provided by exclusions of plantings or structures. Grades within the intersection shall not exceed 1 1/2% for a distance of 50 feet from the intersection; from 50 feet to 100 feet, the grades should not exceed 3%; and in no case shall they exceed 5%. Triangles, circles or other traffic channeling islands may be required at intersections where present or anticipated traffic conditions indicate their advisability for traffic control or safety.
F. 
Dead-end roads. Where a road does not extend to the boundary of the subdivision and its continuation is not needed for access to adjoining property, it shall be separated from such boundary by a distance sufficient to accommodate a lot meeting the requirements of Chapter 217, Zoning. Reserve strips of land shall not be left between the end of a proposed road and an adjacent piece of property. However, the Planning Board may require the reservation of an easement 15 feet wide for pedestrian traffic or utilities. A turnaround of a minimum right-of-way radius of 80 feet shall be provided at the end of any permanent dead-end road. For greater convenience to traffic and more effective police and fire protection, the length of permanent dead-end roads shall be limited to six times the minimum lot width for the zoning district, such length to be measured to the center point of the turnaround.
A. 
In general. In addition to the required improvements specifically referred to elsewhere in these regulations, plans shall provide for all other customary elements of road construction and utility service which may be appropriate in each locality as determined by the Town. Such elements may include, but shall not be limited to, road pavements, gutters, stormwater inlets, manholes, curbs, sidewalks, road lighting standards, water mains, fire hydrants, fire alarm signal devices, and sanitary sewers. Underground utilities within the road right-of-way shall be located as required by the Town, and underground service connections to the property line of each lot shall be installed before the road is paved. All road improvements and other construction features of the development shall conform to Town specifications which may be established from time to time and shall be subject to approval as to design, specifications, and construction by the Town Superintendent of Public Works.
B. 
Road grading and shoulders. Areas within road rights-of-way shall be graded as necessary to eliminate any slopes steeper than one foot vertical in two feet of horizontal distance. Road shoulders shall not exceed a slope of 10% at a right angle to the road center line. Shoulders at least eight feet wide shall be provided on both sides of collector roads. Minor roads shall have a shoulder at least four feet wide on each side. See Town Highway Specifications.
C. 
Sidewalks. Concrete sidewalks at least five feet wide may be required on both sides of all roads. They may also be required within pedestrian easements through blocks to provide a system of pedestrian walkways to schools, parks, and other community facilities. Sidewalks should be one foot from the property line inside the right-of-way, unless the adjacent road is a state or county highway, in which case the sidewalk shall be placed adjacent to and outside the right-of-way. Sidewalks within pedestrian easements shall be generally centered within the easement. The Planning Board may also provide for special walkway designs in rural areas.
D. 
Trees. The subdivider shall take adequate measures to preserve desirable existing trees in suitable locations within the subdivision. Street trees shall be planted on both sides of the road and 10 feet outside the right-of-way, at intervals of approximately 50 feet, subject to location of drives, road intersections, or other features. In general, the road right-of-way shall be cleared of existing trees, but occasional existing trees of unusual value may be preserved within the road right-of-way if approved by the Planning Board.
E. 
Road names and signs. All roads shall be named, and such names shall be subject to the approval of the Planning Board. A road which is a continuation of an existing road shall bear the same name. There shall be no duplication of existing area road names. Relating road names to features of local historical, topographical, or other natural interest is encouraged. Road signs shall be provided by the developer at all intersections and shall be of a type approved by the Town Superintendent of Highways.
F. 
Monuments. Permanent survey monuments (permanent markers) shall be set in the boundary of rights-of-way at intersecting roads, PC (point of curve - beginning) and PT (point of tangent - end of curve) of curves, though the PI (point of intersection) of short curves may be used instead, where such is practical, at the discretion of the Town Superintendent of Highways. Monuments shall be placed on one side of the road only and at only one corner of intersecting roads. Monuments shall be tied into the New York State Coordinate System, or other acceptable datum. Monument locations should be shown on the subdivision plat; and field notes of ties to monuments or a tie sheet shall be submitted to the Town Highway Superintendent after installation of monuments. Monuments shall be of stone or concrete and not less than four inches in diameter or square, and not less than 42 inches long. Concrete monuments shall be reinforced with steel rods, and a plug, brass plate, or pin shall serve as the point of reference and a reinforcing rod or other metal shall be placed adjacent to allow for magnetic recovery. After construction and fine grading is completed, the corners of each lot shall be staked with iron pipe or pins.
G. 
Streetlighting. Where required by the Planning Board, streetlighting of a design approved by the Town shall be installed by the subdivider in a manner and location approved by the Town, the appropriate power company and the Highway Superintendent. In the case of a subdivision involving a county or state highway, approval shall be obtained from the County Superintendent of Highways. Where a new lighting district is to be created or an existing district expanded, the applicant shall petition the Town Board to create said district or expansion before final subdivision approval.
H. 
Widening of existing road right-of-way. Where a development adjoins an existing road which does not conform to the Town's right-of-way standards, the Planning and Zoning Commission may require that additional right-of-way width as necessary be provided, on the development side of the normal road center line, a width which is equal to at least 1/2 of the minimum standard width for the respective type of road.
[Amended 12-28-2007 by L.L. No. 5-2007]
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 187, Stormwater Management, Article III, and Chapter 217, Zoning, Article X, the Stormwater Management and Erosion and Sediment Control Law of the Town of Elmira, shall be required for approval of a subdivision plat. The SWPPP shall meet performance and design criteria and standards set forth in the Stormwater Management and Erosion and Sediment Control Law of the Town of Elmira. The approved subdivision plat shall be consistent with the provisions of the Stormwater Management and Erosion and Sediment Control Law of the Town of Elmira.
[1]
Editor's Note: See also Ch. 187, Stormwater Management, and Ch. 217, Zoning, Art. X.
A. 
Water supply and sewage disposal. Provisions for water supply and sewage disposal shall comply with requirements of the Town of Elmira and/or New York State Health Department and/or New York State Department of Environmental Conservation.
B. 
Underground installation. All utility companies (telephone, electric, etc.) are now equipped to make underground installation of their services; underground installation shall be required when practical.
Easements within the subdivision shall be provided where required for stormwater management facilities, sanitary sewers, other utilities, or pedestrian traffic. The designation of any such easement on a subdivision plat shall constitute a restriction against the location of any building or conflicting use on such easement. Such easements shall generally be not less than 20 feet wide. Easements for natural watercourses for constructed channels shall be provided as needed, with the required width based on the needed cross-section of channel to pass the design flow specified in the Stormwater Management and Erosion and Sediment Control Law of the Town of Elmira.[1]
[1]
Editor's Note: See Ch. 187, Stormwater Management, Art. III, and Ch. 217, Zoning, Art. X.
Pursuant to § 277 of the Town Law, subdivision plats shall provide that lands comprising up to 10% of the gross site area that are suitable areas for neighborhood parks or playgrounds be reserved or dedicated to such purposes in conformance with the Town Comprehensive Plan.
A. 
General guidelines. When such recreation areas are required by the Planning Board, they shall be provided on the basis of at least two acres for every 50 dwellings to be accommodated within the subdivision. Subdivisions with lots of one acre or more may not be required to provide recreation areas.
B. 
Payment-in-lieu. If the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in any such plat or that it is otherwise impractical, the Board may require as a condition of approval of such plat a payment to the Town in an amount to be set by the Town Board. Such sum shall be paid to the Code Enforcement Officer at the time of the issuance of a building permit for new residential construction. Such sums shall be deposited with the Town Clerk and shall be used exclusively to purchase, develop and equip parks, playgrounds and other recreational uses.
C. 
All lands proposed for park or recreation purposes shall meet the following minimum standards:
(1) 
Such land shall either be deeded to the Town or be held in corporate ownership and maintained by an established organization.
(2) 
Such lands 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 minimize hazards and vehicular traffic for children walking.
(3) 
No such area may be smaller than two acres; and in general, recreation areas shall be located at a suitable place on the edge of the development so that additional land may be added at such time as the adjacent land is developed.
(4) 
A detailed development plan shall be provided for each neighborhood park or playground. As a minimum, the development plan shall provide for an approximately level area at least 175 feet square for children's field games.
(5) 
The development 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.
(6) 
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.
No person, firm or corporation shall construct or locate any driveway entrance or exit into a road in the Town of Elmira without having first met the provisions of this section.
A. 
All work and materials shall be furnished as required to meet the conditions set by the Highway Superintendent and County and State Highway Departments.
B. 
No alteration or addition shall be made to any driveway without first securing permission from the Highway Superintendent.
C. 
No driveway shall have an average grade that exceeds 10%.
D. 
The slope of a nonresidential use driveway shall not exceed 2% within 25 feet of the intersecting public road.
E. 
No more than two driveways to a single commercial establishment entering on one road shall be permitted.
F. 
No commercial drive shall be located within 40 feet of any intersection.
G. 
Maximum width. The width shall be measured at the right-of-way line.
(1) 
Residential use: single entrance or exit shall be not more than 20 feet wide.
(2) 
Nonresidential use: entrance or exit shall be not more than 30 feet wide for a one-way, single entrance, or 50 feet wide for a two-way, double entrance commercial use.
H. 
The minimum width for all uses shall be 10 feet.
I. 
The driveway shall be constructed with a suitable crown so as to lessen the erosion effect of surface runoff. In addition, as specified by the appropriate Highway Superintendent, a catch basin at a point near the intersection of the driveway and road may be required. This will prevent surface water and debris from being discharged onto the road.
J. 
No driveway or other means of access for vehicles, other than a public road, shall be maintained or used in an A, AA, AAA, or ARA Residential District.
The Town of Elmira is characterized by numerous steep slope (10% or greater) areas. Special design treatment for roads, building sites, and other development is needed to preserve the natural terrain, trees, scenic views, etc. Development on steep slopes will be permitted subject to the following guidelines:
A. 
Development proposals shall be of sufficient detail to show site work (cut and fill), housing site location, erosion and drainage control measures (terraces, sediment basins, diversions, retaining walls, stream channel improvement, etc.) and road location (including cross-sections).
B. 
Padding, which is the creation of level building sites, shall be permitted only when it can be clearly demonstrated by exhibits that the final treatment of the site will not reflect an unfavorable environmental impact and/or an unfavorable visual appearance.
C. 
Design principles shall include, but not be limited to, the following:
(1) 
Landscaping of areas around structures making them compatible with the natural terrain.
(2) 
Shaping, grouping and placement of man-made structures to complement the natural landscape.
(3) 
Arrangement of buildings so they complement one another to promote visual interest.
(4) 
Shaping of essential grading to complement existing land forms and prohibit any appearance of successive padding, terracing or other similar forms for building sites in the steep slope areas.
(5) 
Development of off-road parking bays.
(6) 
Use of turning circles at mid-block points to avoid the use of private driveways for turning and parking movement.
(7) 
Encouragement of split-level building sites.
(8) 
Use of one-way roads when consistent with traffic safety, circulation needs, and natural topography. This guideline allows for smaller road rights-of-way, less cut and fill within a given area and a highway network consistent with the natural terrain. Roads shall be parallel with the hillside wherever possible and have variable width rights-of-way. This not only provides the most economical routing, but also minimizes the amount of grading required.
(9) 
Land within the hill area that is in excess of 25% slope shall not, to the greatest extent possible, be developed.
The Planning Board may, as a condition of site plan approval, require that specific environmentally sensitive areas be designated for nondevelopment or open space purposes. Such designation shall depend upon the magnitude and character of the sensitive site features. The Planning Board may consider the designation of certain site areas for recreation purposes.
A. 
Lands proposed for open space purposes shall be those lands that exhibit significant environmental constraints and are, therefore, not suitable for development purposes, shall either be offered to the Town for dedication, or be held in corporate ownership and maintained by an established organization if the Town does not accept dedication.
B. 
Lands proposed for park or recreation purposes shall meet the following minimum standards:
(1) 
Such land shall either be offered to the Town for dedication or be held in corporate ownership and maintained by an established organization.
(2) 
Such lands 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 minimize hazards and vehicular traffic for children walking between such facilities and their homes in the neighborhood.
(3) 
Any such area shall be located at a suitable place on the edge of the development so that additional land may be added at such time as the adjacent land is developed.
(4) 
A detailed development plan shall be provided for each neighborhood park or playground. As a minimum, the development plan shall provide for an approximately level area at least 2,000 square feet in size and proposed play structures/activities.
(5) 
The development 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.
C. 
The Planning Board may accept an applicant's offer of a payment-in-lieu-of-parklands setaside if it determines that the site is not appropriate for parkland use or that parklands are not needed in the site area.
D. 
All multiunit developments shall provide a minimum of 5% of the site area designed and developed for recreational uses.