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:
(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.
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]
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.
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.