In considering applications for the subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. Said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article V 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 Official Map and Master Plan. Subdivisions shall conform
to the Official Map of the Town and shall be in harmony with the Master
Plan, when such exists.
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 Engineer.
A.
Width, location and construction. Streets shall be of sufficient
width, suitably located and adequately constructed to conform to the
Town Master Plan, 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 Planning Board, 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 streets. When a subdivision abuts or
contains an existing or proposed major street, the Board may require
marginal access streets, reverse frontage with 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. In no case shall a subdivision provide
for direct driveway access to any state or county road. All intersections
with state or county roads shall at least meet standards for a minor
street even if access serves only one lot.[1]
E.
Provision for future resubdivision. Where a tract is subdivided into
large lots or acreage 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 this
chapter.
F.
Dead-end streets. The creation of dead-end streets or culs-de-sac
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 twenty-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 shown on the Official
Map, when such exists, or streets on an approved subdivision plat
for which a bond has been filed.[2]
G.
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 Planning Board 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.
I.
Street jogs. Street jogs with center-line offsets of less than 150
feet shall be avoided.
J.
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.
K.
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.
L.
Other required streets. Where a subdivision borders on a limited
access highway right-of-way, the Planning Board 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 distances 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.
(When not indicated on the Master Plan or Official Map, if such exists,
the classifications of streets shall be determined by the Board.)[1]
|
Type of Street
|
Minimum Right-of-Way
(feet)
|
Minimum Pavement
(feet)
| |
|---|---|---|---|
|
Major streets
|
66
|
38
| |
|
Collector streets
|
60
|
30
| |
|
Minor streets
|
50
|
20
|
B.
Improvements. Streets shall be graded and improved to Town specifications,
including storm drainage facilities, streetlights and signs and street
trees. Water mains, sewers and fire hydrants shall be installed where
connections are available. The Planning Board 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 shall be improved as required by the Town Engineer.
Such grading and improvements shall be approved as to design and specifications
by the Town Engineer.
C.
Utilities in streets. The Planning Board 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 Engineer 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 of 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 which lies within
40 feet in each direction from the point of intersection of the two
street lines, whether at an intersection entirely within the subdivision
or of a new street with an existing street, 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 (culs-de-sac). 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
right-of-way radius of 60 feet and pavement radius of 50 feet. At
the end of temporary dead-end streets, a temporary turnaround with
a pavement radius of 50 feet shall be provided, unless the Planning
Board approves an alternate arrangement.
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 Engineer.
(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 Engineer 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.
M.
Free flow of vehicular traffic abutting commercial developments.
In front of areas designed for commercial use, the street width shall
be increased by such amount on each side as may be deemed necessary
by the Planning Board 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 Planning Board. In general, streets
shall have names and not numbers or letters.
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.
(1)
The lot arrangement shall be such that, in constructing a building
in compliance with the Zoning Ordinance,[1] if any, 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.
(2)
Lot sizes shall conform with County Health Department requirements, based on the particular soil conditions of the proposed lots; however, each lot shall have the minimum lot area and minimum frontage for the land use district in which it is located, as set forth in the District Schedule of Area and Bulk Regulations included at the end of Chapter 150, Land Use.[2]
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 larger than interior
lots to provide for proper building setback from each street and provide
a desirable building site.
D.
Driveway access. Driveway access and grades shall conform to specifications
of the Town Driveway Ordinance, if one exists. Driveway grades between
the street and the setback line shall not exceed 10%.
E.
Access from private streets. Access from private streets shall be
deemed acceptable only if such streets are designed and improved in
accordance with this chapter.
F.
Monuments and lot corner markers. Permanent monuments meeting specifications
approved by the Town Engineer 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 Engineer may require, and their location
shall be shown on the subdivision plat.
A.
Removal of spring and surface water. The subdivider may be required
by the Planning Board to carry away by pipe or open ditch any spring
or surface water that may exist either previous to or as a result
of the subdivision. Such drainage facilities shall be located in the
street right-of-way, where feasible, or in perpetual unobstructed
easements of appropriate width.
B.
Drainage structure to accommodate potential development upstream.
A culvert or other drainage facility shall, in each case, be large
enough to accommodate potential runoff from its entire drainage area
above, whether inside or outside the subdivision. The Town Engineer
shall approve the design and size of facility based on anticipated
runoff from a ten-year storm under conditions of total potential development
in the watershed.
C.
Responsibility for drainage downstream. The subdivider's engineer
shall also study the effect of each subdivision on the existing drainage
facilities below and outside the area of the subdivision, and this
study shall be reviewed by the Town Engineer. Where it is anticipated
that the additional runoff incident to the development of the subdivision
will overload an existing downstream drainage facility during a five-year
storm, the Planning Board shall notify the Town Board of such potential
condition. In such case, the Planning Board shall not approve the
subdivision until provision has been made for the improvement of said
condition.
D.
Land subject to flooding. Land subject to flooding or land deemed
by the Planning Board 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 Planning Board to remedy said hazardous
conditions.
In addition to the powers provided by Subdivision 4 of § 277
of the Town Law, the Planning Board may require the following:
A.
Recreation areas shown on Comprehensive Plan. Where a proposed park, playground or open space shown on the Comprehensive 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 Comprehensive Plan.
(1)
The Planning Board may 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 Planning Board may require that the
developer satisfactorily grade any such recreation areas shown on
the plat.
(2)
The Board may require that not less than three acres of recreation
space be provided per 100 dwelling units shown on the plat. However,
in no case need the amount be more than 10% of the total area of the
subdivision. Such area or areas may be dedicated to the Town or county
by the subdivider if the Town Board approves such dedication.
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, a drawing acceptable
to the Board in both form and scale of such area and the following
features thereof:
(1)
The boundaries of said 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 and structures.
(3)
Existing and, if applicable, proposed changes in grade and contours
of the said area and of area immediately adjacent.
D.
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.
E.
Preservation of natural features. The Planning Board 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, beaches, historic spots,
vistas and similar irreplaceable assets. No tree with a diameter of
eight inches or more as measured three feet above the base of the
trunk shall be removed unless such tree is within the right-of-way
of a street as shown on the final subdivision plat. Removal of additional
trees shall be subject to the approval of the Planning Board. In no
case, however, shall a tree with a diameter of eight inches or more
as measured three feet above the base of the trunk be removed without
prior approval by the Planning Board.
