A.
Applicants shall comply with the following general planning and design
standards.
B.
No higher standard shall be required by the Planning Board except
where it finds that because of exceptional and unique conditions of
topography, location, shape, size, drainage or other physical features
of the site, or because of the special nature and character of surrounding
development, the minimum standards specified herein would not reasonably
protect or provide for public health, safety and welfare.
C.
Any higher standard that is required shall be reasonable and shall
be limited to the minimum necessary to protect the public health,
safety and welfare.
A.
Blocks shall be laid out with regard and consideration for the landscape
character of land, topography, and natural features.
B.
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.
C.
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.
D.
Blocks parallel or adjacent to a primary street providing access
in the subdivision shall be organized in a manner that lots are accessed
internal to the subdivision and not the primary street.
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A.
Where required, adequate easements centered on rear or side lot lines
shall be provided for utilities where they are planned or anticipated.
An easement width of 15 feet is required. Exceptional circumstances
may require additional width, as determined by the Planning Board.
B.
Where a subdivision is traversed by a watercourse, drainageway, channel, or stream, there shall be provided a stormwater easement or drainage right-of-way in accordance with § 165-24B(6).
C.
Easements or rights-of-way that link adjacent properties shall not
be required but may be included in the subdivision plat.
A.
The regulations set forth in Chapter 200, Zoning (lot size, width, depth, shape and orientation and the building setback lines), shall be appropriate for the location of the subdivision, topographical conditions and for the type of development and use contemplated, as determined by the Planning Board.
B.
No lot shall have less area or width than the minimum requirements
of the zoning regulations applying to the district in which it is
located. No area variances shall be granted for new subdivisions.
C.
Corner lots for residential use shall have extra width to permit
appropriate building setback from and orientation to both streets.
D.
Each lot shall have the minimum required frontage to an existing
or proposed public street. Flag lots shall not be permitted in the
Town of Porter.
E.
Double frontage and reverse frontage lots shall be avoided except
where essential to provide separation of residential development from
traffic arteries or to overcome specific disadvantages of topography
and/or orientation.
F.
Side lot lines shall be at a right angle or radial to street lines
to the greatest extent possible. Irregular lot shapes should be avoided.
G.
Excessive depth in relation to the width should be avoided. A proportion
of two depth to one width is considered to be desirable.
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A.
Parks and open space requirements.
(1)
All major subdivisions, including all phases, shall be required to
provide open space. Developed open space shall be designed to provide
active recreational facilities to serve the residents of the development.
Undeveloped open space shall be designed to preserve important site
amenities and environmentally sensitive areas.
(2)
When a proposed park or recreational facility shown in the Comprehensive
Land Use Plan or Parks and Recreation Master Plan is located in whole
or in part in a proposed subdivision, the Planning Board shall require
the dedication or reservation of such area within the subdivision
in those cases in which the Planning Board deems such requirements
to be reasonable.
(3)
A minimum of 10% of the tract proposed for development shall be set
aside for developed and/or undeveloped open space. Street rights-of-way,
drainage, or other easements shall not satisfy any part of this requirement.
The Town Board will not require open space of more than 10% of the
tract proposed for development; however, this shall not preclude the
subdivider from providing additional open space at his/her discretion.
(4)
Where a subdivision is designed using clustering or density averaging in accordance with § 278 of Town Law, 10% of the total subdivision area, in addition to the land accrued by reducing lot sizes, shall be set aside for developed and/or undeveloped open space pursuant to Subsection A(3) above.
(5)
The area of each parcel of open space designed for active recreational
purposes shall be of such minimum dimensions as to be functionally
usable.
(6)
Open space parcels shall be convenient to the dwelling units they
are intended to serve. However, because of noise generation, they
shall be sited with sensitivity to surrounding development.
(7)
Reserve strips of land which might be used to restrict access from
the proposed subdivision to any neighboring property or to any land
within the subdivision itself shall be prohibited.
B.
Payment in lieu of dedication.
(1)
In cases where the Planning Board 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 Planning Board, it is not desirable, the Planning Board
may then require a payment of a fee in lieu of dedication or reservation
of area or sites for the above purposes. The fee shall be in accordance
with the fee schedule for the Town of Porter as amended from time
to time.
(2)
Such payment shall be a condition of approval of the final plat.
No final plat shall be signed by the Chairman of the Planning Board
until such payment has been received by the Town of Porter.
(3)
Monies received from such payments shall be placed in a recreation
fund, such monies to be expended for the development of parks or recreation
facilities and/or the acquisition of parkland within the Town.
C.
Improvements of open space parcels.
(1)
Developed open space. The Planning Board may require the installation
of recreational facilities, taking into consideration:
(2)
Undeveloped open space. Undeveloped open space should be left in
its natural state. A developer may make certain improvements, such
as the cutting of trails for walking or jogging or the provision of
picnic areas, etc.
D.
Deed restrictions.
(1)
Any lands dedicated for open space purposes shall contain appropriate
covenants and deed restrictions approved by the Town Attorney ensuring
that:
(2)
Parkland and open space areas may be dedicated to the Town. Sites
so dedicated shall not be deemed to be accepted by the Town unless
and until the Town Board has taken formal action to accept the same.
The following requirements only apply to major subdivisions:
A.
Pedestrian sidewalks shall be provided through the subdivision in
a manner that promotes walkablity and provides a safe and secure pedestrian
environment.
B.
Pedestrian sidewalks shall be designed to promote connectivity through
the subdivision.
C.
Pedestrian sidewalks shall be developed to link the subdivision to
adjacent lands and uses and shall accommodate future linkages.
D.
All pedestrian sidewalks shall comply with the requirements of Americans
with Disabilities Act (ADA).
E.
Sidewalk design shall be approved by the Town Engineer.
A.
All residential lots shall contain suitable areas for on-site sewage
disposal systems or be served by an approved central sewage disposal
system. Plans and specifications for central systems, as required
by the New York State Department of Environmental Conservation (DEC),
shall be submitted with all preliminary subdivision plats and design
standards shall meet DEC requirements. Formal approval of DEC shall
be required prior to final plat approval.
B.
When a central sewage disposal system is located within 1,000 feet
of the proposed residential development, the subdivider shall, if
legally and practically feasible, provide a system of collection lines
to connect to said system. Regardless of this requirement, all subdivision
and land developments shall be provided with an adequate sewage disposal
system(s). Central sewage disposal systems shall also be required
for all residential lots and nonresidential developments where on-site
soil conditions are unsuitable for on-lot subsurface sewage disposal
systems.
C.
Where connection to a central sewage disposal system is not required,
on-site systems shall be provided in accordance with criteria set
forth by the New York Department of Health. The applicant's professional
engineer, subject to the approval of the Planning Board, shall determine
the number and location of test pits and soil percolation tests necessary
to determine the general suitability of soils throughout the subdivision
for on-site subsurface sewage disposal.
D.
Sanitary sewers shall not be used to carry stormwater.
A.
Stormwater drainage facilities shall be designed to accommodate storms
of a twenty-five-year frequency unless a more stringent standard shall
be required by the Planning Board. The general performance standard
shall be that the amount of uncontrolled stormwater leaving the site
along any property line after development shall not exceed that estimated
for the site prior to development. In instances where stormwater facilities
are impractical for engineering reasons, the Town may modify this
standard as it applies to a particular project but shall provide for
the maximum practical reduction in flow which can be achieved under
the circumstances. The subdivider shall provide full information,
prepared by a professional engineer, regarding the predevelopment
stormwater flows and estimates at the time of application.
B.
The following additional requirements shall apply:
(1)
Lots shall be laid out and graded to drain away from proposed building
areas and prevent cross lot drainage. Natural drainage courses shall
be maintained.
(2)
The existing points of natural drainage discharge onto adjacent property
shall not be altered, nor shall the rate of water runoff be increased
because of development.
(3)
No stormwater runoff or natural drainage water shall be so diverted
as to overload existing drainage systems, or create flooding or the
need for additional drainage structures on other private properties
or public lands.
(4)
Stormwater calculations and design shall be prepared by a professional
engineer, land surveyor, landscape architect or others certified to
perform such work.
(5)
Storm drainage facilities should be designed to handle the anticipated
peak discharge from the property being subdivided.
(6)
Where a subdivision is traversed by a watercourse, drainageway, channel
or stream, there shall be a storm easement or drainage right-of-way
conforming substantially with the lines of such watercourse of such
width as to encompass a one-hundred-year storm event. The easement
or right-of-way shall be a minimum of 25 feet on each side to preserve
the unimpeded flow of natural drainage, or for the purpose of widening,
deepening, relocating, improving or protecting such drainage facilities.
(7)
Drainage structures that are located on state highway rights-of-way
shall be approved by the New York State Department of Transportation,
and evidence of the same shall be provided to the Town prior to final
plan approval.
(8)
All streets shall be so designed as to provide for the discharge
of surface water from their rights-of-way. The slope of the crown
on proposed streets shall be 1/4 per foot away from the center line.
(9)
All proposed surface drainage structures shall be indicated on the
preliminary plan.
(10)
Drainage plans shall include all appropriate designs, details
and dimensions necessary to clearly explain proposed construction
materials and elevations.
(11)
Whenever storm drains are required by the Town, such storm sewer
systems shall be separate from the sanitary sewer system. Storm drains
or storm sewer facilities may be required in any development situation
where the Planning Board determines that surface drainage facilities
are inadequate to prevent excessive erosion and lot or road maintenance
problems.
(12)
Drainage systems shall be designed in accordance with engineering
practice, using hydraulic computations to show effects of the flow
of water. The general standard shall be that the amount of stormwater
leaving the site along any property line after development shall not
exceed predevelopment stormwater flows for that area. In no case shall
any pipe system of less than 15 inches in diameter be used underneath
a street or driveway.
(13)
All drainage systems and structures shall be subject to the
approval of the Town Engineer, or any such other qualified person
as may be appointed for this purpose by the Planning Board.
The arrangement, character, extend, width, grade and location
of all streets shall conform to the Comprehensive Land Use Plan and
to the Official Map and shall be considered in its relation to existing
and planned streets, topographical conditions, public convenience
and safety, and the proposed uses of the land to be served by such
streets.
A.
Arrangement.
(1)
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.
(2)
Where property depth permits, residential street patterns such as
U-shaped courts and loop streets are strongly suggested as alternatives
to strip development.
B.
Street widths. Streets shall have the following widths. (When not
indicated on the Comprehensive Plan or Official Map, the classification
of streets shall be determined by the Planning Board.)
(1)
Arterial streets shall be determined by the State or County Road
Authority.
(2)
Collector streets and minor streets shall have a pavement width of
20 feet and a right-of-way width of 66 feet.
(3)
Marginal access streets shall have a pavement width of 20 feet and
a right-of-way width of 49.5 feet.
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C.
Street construction standards. Street construction standards shall
be approved by the Town Engineer.
D.
Culs-de-sac. Culs-de-sac shall not be permitted for any new subdivisions
in the Town of Porter.
E.
Intersections.
(1)
Intersections with collector or arterial streets shall, in general,
be at least 500 feet apart.
(2)
Street jogs with center-line offsets of less than 125 feet shall
be avoided.
(3)
Streets shall be laid out so as to intersect as nearly as possible
at right angles, and no street shall intersect any other street at
less than 75°.
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F.
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 the street
shall not be less than 400 feet on major streets, 200 feet on collector
streets and 100 feet on minor streets.
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G.
Gradient. 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.
H.
Naming.
(1)
Street names shall not duplicate or be similar to existing street
names in the Town of Porter.
(2)
Streets have full names and not numbers or letters.
(3)
Streets that are extensions of or in alignment with existing streets
shall bear the names of the existing streets.
(4)
Street name signs shall be installed at each street intersection
by the subdivider according to the standards and location required
by the Town and approved by the Highway Superintendent.
I.
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.
J.
Traffic control signage and/or street name signage shall be installed
at and/or prior to each street intersection, as per the National Manual
on Uniform Traffic Control Devices for Streets and Highways (MUTCD)
and 17 NYCRR Chapter V (New York Supplement) or the most recently
adopted New York State and/or federal regulations. All said signage
shall be provided and installed, by the developer, prior to the Town
of Porter accepting the deed transfer of the right-of-way.
[Added 7-8-2019 by Ord.
No. 6-2019]
Reasonable requirements for the preservation of outstanding
natural features may be specified. These include large trees or groves,
watercourses and falls, state and federally regulated wetlands, significant
habitats, historic spots, exceptional views, and similar irreplaceable
assets in which there is general public interest. Some of these locations
are identified in the Comprehensive Land Use Plan. The Planning Board
may also reasonably identify such locations.
A.
Trees.
(1)
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.
(2)
Naturally wooded areas with more than 20% of the trees with a diameter
of eight inches or more as measured three feet above the base of the
trunk should be preserved as open space to the greatest extent practicable.
(3)
There shall be at least one existing or proposed tree per residential
lot along the street frontage, spaced at intervals of not more than
50 feet. On corner lots, there shall be two trees per lot.
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(4)
No trees shall be planted within the street right-of-way. New trees
shall be located a minimum of five feet outside the right-of-way.
(5)
New trees shall measure at least 2 1/2 inches in diameter as
measured at a point three feet above finished grade level.
(6)
Street trees shall be planted by the developer, with the location
and type of trees to be approved by the Board.
B.
Wetlands.
(1)
All subdivisions or land developments shall include a Wetland Delineation
Report prepared by a qualified professional.
(2)
A minimum one-hundred-foot buffer shall be established from the limit
of the wetland, no construction or development shall occur within
the buffer. If it is determined that construction or development outside
the established buffer may impact the biodiversity and environmental
quality of the wetland, mitigation measures may be required as determined
and approved by the municipality and for regulating authorities.
A.
A public water line shall be extended to service the subdivision.
B.
The public water system shall have adequate main sizes, valving,
fire hydrants and water supply designed to meet the Association of
Fire Underwriters' specifications for a protected area.
C.
Such system shall be approved by the public agency or authority operating
the central water system and the Fire Department responsible for providing
the fire protection.
