The design standards and requirements set forth in this article
shall be observed as minimums by the subdivider in the design of each
subdivision within the Town of Lumberland. The Planning Board shall
require more restrictive standards where necessary to protect health,
safety and welfare of the public and where circumstances unique to
the property so dictate.
A.
Those areas which are subject to such hazards of life, health or
property as may arise from fire, flood or noise, or are considered
to be uninhabitable for other reasons, may not be subdivided for building
purposes unless the hazards have been eliminated or the plans show
adequate safeguards correcting the hazards.
B.
In addition, the Town may rely upon information contained in its
Comprehensive Plan and, in determining and evaluating potential hazards,
use historical records, soil evaluations, engineering studies, expert
opinions, established standards used by licensed insurance companies
or in professional practice, and federal, state or local policies.
C.
All portions of a tract being subdivided shall be taken up in lots,
streets, public lands, dedicated open space or other proposed uses,
so that remnants and landlocked areas shall not be created. The layout
of a subdivision shall also be planned with consideration to existing
nearby developments or neighborhoods, so that the development is coordinated
in terms of traffic movement, drainage and other reasonable considerations.
D.
In all subdivisions, care shall be taken to preserve natural features
such as trees, watercourses, views and historical features which will
add attractiveness and value to the remainder of the land. Where a
subdivision of land is on a site that has a slope of more than 15%,
the Planning Board may require larger lot sizes than the minimum standards
set forth herein.
E.
Damming, filling, relocating or other interference with the natural
flow of surface water along any surface water drainage channel or
natural watercourse shall not be permitted except with the approval
of the Planning Board and, where appropriate, DEC.
F.
Wherever possible, lot lines shall follow Town boundary lines rather
than cross them, and reserve strips controlling access to lots, public
rights-of-way, public lands or adjacent private lands are prohibited.
A.
Blocks shall ordinarily not exceed 1,200 feet in length.
B.
Pedestrian interior walks or trails may be required where necessary
to assist circulation or provide access to community facilities and
open space. Such walks or trails shall have a right-of-way width of
not less than six feet and be all-weather-surfaced for not less than
three feet in width.
C.
Blocks shall be of sufficient width to permit two tiers of lots of
appropriate depth, except where an interior street parallels a major
street or where it backs up to a railroad, creek or other natural
barrier unsubdivided area.
D.
Where a subdivision adjoins a major highway (one which is designated
and marked for two lanes or more and carries at least 1,000 vehicles
per day), the greater dimension of the block shall front along said
highway, and interior streets may be required to minimize the number
of points of access. Such streets may be required whenever topographic
conditions, traffic density or lack of proper sight distance dictate
for reasons of health and safety. Any subdivision of five lots or
more with frontages averaging less than 300 feet along the highway
shall be subject to this requirement if the Planning Board determines,
after inspection, that safety demands restricting access.
E.
Cul-de-sac streets, permanently designed as such, shall not exceed
600 feet in length and shall furnish access to not more than nine
dwelling units. Cul-de-sac streets shall have, at the closed end,
a turnaround with the right-of-way having an outside diameter of not
less than 80 feet and not more than 120 feet and shall be paved to
a diameter of not less than 80 feet and not more than 100 feet. An
inside landscaped area of not more than 60 feet in diameter shall
be encouraged. Drainage of culs-de-sac shall preferably be toward
the open end.
F.
All side lines of lots shall be at approximate right angles to straight
street lines and radial to curved street lines, except where a variation
to this rule will provide a safer layout.
G.
Double frontage lots shall ordinarily not be platted, except as specifically
provided herein. In that event, a planting strip of at least 20 feet
in width may be required along the back of the lot.
H.
If remnants of land exist after subdividing, they shall be incorporated
in existing or proposed lots, unless designated as common area or
dedicated to open space.
I.
Either of the two sides of a corner lot may be designated as the
front, provided the rear yard shall always be opposite the frontage
so designated. All corner lots shall have a curve with a minimum radius
of 20 feet joining the intersecting right-of-way lines.
J.
All lots shall front on a public street or private drive (existing or proposed) and have a minimum of 100 feet of frontage. The maximum number of lots on a private drive shall be determined in accordance with the provisions of Subsection J(1) and (2) set forth below. Evidence of satisfactory shared arrangements for ownership and maintenance of the drive shall also be provided. The private drive shall be constructed of asphalt, concrete or macadam and have a minimum width of 20 feet. A cul-de-sac shall be required at the terminus of the private drive and shall have a width of at least 125 feet.
[Amended 9-11-2002 by L.L. No. 4-2002[1]]
(1)
A private drive of 700 feet or less may provide access for up to
five lots.
(2)
A private drive of more than 700 feet may provide for access to more
than five lots. The number of lots which may be serviced by a private
drive of more than 700 feet shall be in the discretion of the Planning
Board, provided that the number of lots does not proportionately exceed
five for every 700 feet of private drive. Any private drive of more
than 700 feet shall be built, in its entirety, up to then-current
Town highway specifications.
K.
Monuments shall be placed at perimeter corners and the corner of
each street and markers set at the corner of each lot, consistent
with surveyors' professional practice, to permanently and accurately
define the metes and bounds of the block and lots created.
Except where such area would be less than one acre, not less
than 10% of the gross area of the entire tract, exclusive of lakes
or ponds, shall be reserved for common open space directly accessible
from the lots to be created. Such open space shall be suitable for
recreational use of the residents of the subdivision or the general
community. The following and similar facilities shall meet this requirement:
swimming pools, tennis courts, riding and cycling paths, playgrounds,
community centers, and other open areas. Such areas as are designated
for play lots, parks and other outdoor recreational facilities shall
be of a size, shape and other physical characteristics so as to be
free of health and safety hazards and suitable for the designated
use. No portion of the ten-percent requirement shall be met with wetlands,
slopes exceeding 15% in grade or other otherwise undevelopable areas.
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 subdivider and the Town may also agree to otherwise
provide recreational land for the use of residents pursuant to the
authority of § 277 of the Town Law, including fees in lieu
of dedication.
A.
Where a central water supply is available within 1,000 feet of the
proposed residential development, the subdivider shall, if legally
and practically feasible, construct a system of water mains tied to
such system and provide a connection for each lot.
B.
Plans and specifications for central water systems (i.e., extension
of an existing system or a proposed new facility) shall be prepared
by a professional engineer and shall conform to requirements of the
New York State Department of Health and the local fire district(s).
Suitable agreements shall also be established for the ownership and
maintenance of such distribution system.
C.
The applicant must demonstrate ability to provide a minimum of 150
gallons of water per capita per day (GPCD) and/or 400 gallons per
day (GPD) for each residential dwelling unit to be serviced. Service
to industrial or commercial establishments shall meet standards established
by the American Water Works Association or insurance industry underwriting
standards.
D.
New central water supply wells shall be sited, drilled and tested
under the direct supervision of a professional engineer or a professional
groundwater geologist. Wells shall be so located that no potential
pollution sources can exist within a one-hundred-foot radius (200
feet if located downslope from the pollution source). Wells shall
also be located on reserved parcels.
A.
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).
B.
All residential lots shall contain suitable areas for on-site sewage
disposal systems or be served by an approved central sewage disposal
system. Soil test pits shall be used to make this determination, and
the sites for such testing shall be subject to approval of the Planning
Board. Plans and specifications for central systems, as required by
DEC, shall be submitted with all preliminary subdivision plats. Approval
of DEC shall be required prior to final plat approval.
C.
Central sewage disposal systems are required for all residential
lots and nonresidential developments where on-site soil conditions
are unsuitable for on-lot subsurface sewage disposal systems.
D.
Design standards, materials and specifications for central systems
shall meet DEC requirements.
E.
Where connection to neither a central water system nor a central
sewage system is required, on-site systems shall be provided in accordance
with criteria set forth by the New York Department of Health. A site
and soils evaluation by the test pit method and favorable report is
required prior to preliminary plat approval. 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.
F.
Sanitary sewers shall not be used to carry stormwater.
In the event that any subdivider shall intend to make land changes
by grading, filling, excavating or the removal or destruction of the
natural topsoil or vegetative covering thereon in accordance with
a subdivision plan submitted to the Town, the same shall only be approved
and accomplished after the developer has submitted to the Town an
erosion and sedimentation control plan. Erosion control measures shall
be employed as necessary to prevent loss of soil from erosion and
also to prevent resulting property damage, siltation and contamination
of watercourses or impoundments. Erosion control measures may include
hay bales, silt fences or other provisions or combinations thereof.
A.
A stormwater drainage plan shall be required for major subdivisions.
Such a plan shall be prepared using DEC guidelines and standards (see
"Reducing the Impacts of Stormwater Runoff from New Development")
but complying with the following standards.
B.
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.
C.
The following additional requirements shall apply:
(1)
Lots shall be laid out and graded to prevent cross-lot drainage away
from proposed building areas. Natural drainagecourses 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, without the written approval of all affected
landowners.
(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 without complete approval of provisions being made
by the developer for properly handling such conditions.
(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, there shall be
provided a drainage easement of at least 25 feet to each side of the
stream from that stream bank, or such additional width as will be
adequate to preserve the unimpeded flow of natural drainage.
(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
plat approval.[1]
(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 inch per foot away from the center
line.
(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 Town Board determine 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.
A.
The arrangement, character, extent, width, grade and location of
all streets shall conform to the provisions found herein. Every subdivision
shall have access to a public right-of-way.
(1)
In general, all streets shall be continuous and in alignment with
existing streets and shall compose a convenient system to ensure circulation
of vehicular and pedestrian traffic.
(2)
Streets shall be logically related to the topography so as to produce
usable lots and reasonable grades as required by this chapter.
(3)
Dead-end streets shall be prohibited, except as stubs to permit future
street extension into adjoining tracts or when designed as culs-de-sac.
(4)
Where adjoining areas are not subdivided, the arrangement of streets
in new subdivisions shall make provision for the extension of streets.
(5)
Streets shall be laid out to intersect as nearly as possible at right
angles; in any event, no street shall intersect another at less than
60°. Intersections of more than two streets shall be avoided.
Where this proves impossible, such intersections shall be designed
with care for safety and suitable curbs, barriers, signs and other
devices as may be required. Streets entering opposite sides of another
street shall be laid out directly opposite one another or offset a
minimum of 125 feet.
(6)
Street and driveway intersections with arterial streets shall not
be so numerous, nor so close to each other, as to impede the flow
of traffic.
(7)
Clear sight triangles shall be provided at all street intersections.
Within such triangles, no structure or vision-obstructing object other
than utility poles, streetlights, street signs, or traffic signs shall
be permitted which obscures vision above the height of 36 inches and
below 10 feet measured from the center-line grade of intersecting
streets. Such triangles shall be established from a distance of 75
feet from the point of intersection of the center lines.
(8)
Whenever, in connection with a major subdivision, the principal access
(whether public or private) to such subdivision, by virtue of bridge
weight limits of less than 20 tons or other comparable limitations,
would restrict access to the property by emergency vehicles or school
buses, the subdivider shall so indicate in writing on the final plats
to be recorded and shall provide for notification to prospective lot
buyers through deed covenant provisions, which shall be approved by
the Planning Board as to form.
B.
Alleys may be permitted in residential areas under special circumstances,
but in no case shall an alley provide the only means of access to
a lot. Alleys are required on the rear of all commercial and industrial
lots, if no other provisions are made for adequate service access
or for parking.
C.
Profiles. No street grade shall be less than 1% or exceed the following,
with due allowances for reasonable vertical curves:
|
Type of Street or Way
|
Maximum Grade
| |
|---|---|---|
|
Major traffic streets
|
6% (up to 8% for 500 feet)
| |
|
Collector streets
|
8% (up to 10% for 500 feet)
| |
|
Minor streets
|
10% (up to 12% for 500 feet)
|
|
Streets shall have a grade not to exceed 2% for a distance within
50 feet of the street right-of-way line of any intersecting street.
|
D.
Cross section. The cross-section gradients of streets shall be not
less than 2%.
E.
Minimum vertical and horizontal visibility (measured 3.5 feet eye
level to taillights 1.5 feet above ground level), for curves:
|
Type of Street or Way
|
Minimum Visibility Distance
(feet)
| |
|---|---|---|
|
Major highways
|
500
| |
|
Collector streets
|
300
| |
|
Minor streets
|
150
| |
|
Streets shorter than 500 feet
|
100
|
F.
The minimum right-of-way widths for streets are as follows:
|
Type of Street or Way
|
Minimum Right-of-Way Width
(feet)
| |
|---|---|---|
|
Major streets
|
50
| |
|
Collector streets
|
50
| |
|
Minor streets
|
50
| |
|
Alleys
|
25
|
G.
On all dead-end roads a turnabout area with an eighty-foot diameter
right-of-way and sixty-foot diameter traveled portion shall be provided.
H.
The entire width of the travel way of each street in a proposed subdivision
shall be graded and suitably prepared for installation of paving and
drainage structures, in accordance with the appropriate standards
for the class of street. The subgrade shall be free of sod, vegetative
matter, or other similar material. Where poor subsurface drainage
conditions exist, adequate drainage shall be installed. The subgrade
construction shall conform to the minimum standards of the Town Road
Law.
I.
The width of pavement required shall vary, depending upon the character
of the development served and the amount of traffic expected to utilize
the street. The following are minimum street pavement widths:
|
Type of Street
|
Minimum Shoulder Width
(feet)
|
Minimum Clearance Shoulder
(feet)
|
Minimum Pavement Width
(feet)
| |
|---|---|---|---|---|
|
Major streets
|
5
|
2
|
24
| |
|
Collector streets
|
5
|
2
|
24
| |
|
Minor streets
|
5
|
2
|
20
|
J.
The pavement shall be constructed in accordance with specifications
and standards contained in the Town Road Law.
(1)
Street shoulders shall be constructed with materials as specified
by the Town Road Law. The entire shoulder area shall be uniformly
and thoroughly compacted by rolling and must be level with the top
of the road paving or as directed by the Town Engineer.
(2)
Embankments at the sides of streets and cross sections of drainage
ditches shall not exceed a maximum slope of three feet horizontally
to one foot vertically in a cut or fill section. In special cases,
the Town Engineer may require more rigid standards.
K.
In commercial or multifamily subdivisions or any other case where
other similar intensive uses exist or are anticipated, curbs may be
required, if such construction is deemed necessary for public safety
by the Planning Board based on consultation with the Town Engineer,
and shall be constructed according to good engineering practice. Curbs
shall not be constructed, however, where pavements are less than 22
feet in width.
L.
Where the grade of the street is above or below the grade of the
adjacent land, walls or slopes shall be constructed in a manner satisfactory
to the Planning Board and shall be sufficient to support the street
or the adjacent land, as the case may be. Where the grade of the street
is three feet or more above the grade of the adjacent land, guards
shall be built to protect travel, if required by the Town Engineer.
M.
All streets, including culs-de-sac and alleys, shall be constructed
as shown on the preliminary and final plat approved by the Planning
Board and in conformity with the Town Road Law. Where such law does
not provide a clear standard, the Town may rely upon the standards
promulgated by the New York State Department of Transportation for
local streets.
N.
Four-way street name signs of a design approved by the Planning Board will be installed at each street intersection by the subdivider at his own expense. Street names shall conform to the street naming regulations in Chapter 208, Article I, of the Town's Code. Street names shall not be repeated within the Town and shall be subject to Planning Board approval.[1]
O.
Streetlighting is the responsibility of the applicant to provide
and the lot owners to maintain and operate. The Town Engineer will
determine when and if streetlighting is necessary, evaluating need
on the basis of safety considerations and commonly accepted standards
of lighting. Whether or not streetlights are initially installed,
the developer shall be responsible for providing utility easements
for future streetlighting installation upon consultation with the
public service utility company involved.
P.
Shade trees and other natural buffers along any proposed street right-of-way
shall be retained to the maximum extent possible, and cuts and fills
which would necessitate removing such cover shall be minimized. Wide
swath cuts or removal of natural vegetation shall not be permitted
without compelling safety reasons.
Q.
No driveway, street or drainage facility or structure shall be constructed
or altered within a state right-of-way, and no drainage facility of
the New York State Department of Transportation shall be altered or
connected onto without first obtaining a permit from the New York
State Department of Transportation. No driveway, local road or drainage
facility or structure shall be constructed or altered within a Town
right-of-way and no drainage facility of the Town of Lumberland shall
be altered or connected onto without first obtaining a permit from
the Town of Lumberland Highway Superintendent.
R.
Individual driveways serving only one single-family each shall not
be subject to street improvement requirements of this chapter or of
the Town Road Law.
(1)
Also, private drives to service no more than three single-family
dwellings shall be permitted, provided the Town is given satisfactory
evidence, in the form of declaration of restrictive covenants, that
the private status of said road is permanent, and the following standards
are met:
|
Type of Improvement
|
Minimum Width
(feet)
| |
|---|---|---|
|
Right-of-way
|
50
| |
|
Pavement
|
16
| |
|
Shoulder
|
3
|
(2)
Pavement may consist of any all-weather surface satisfactory to the
Town Engineer. If there is a potential for resubdivision of either
of the lots to be serviced by private drive, such that eventually
more than two lots might result, the subdivider shall provide additional
right-of-way as necessary to serve the maximum potential number of
lots. All drainage plans shall be subject to approval of the Town
Engineer.
Multifamily dwelling projects shall be considered major subdivisions and processed accordingly. The standards of § 250-45 of the Town of Lumberland Zoning Law shall also apply.
Proposed conservation subdivisions shall be processed as major subdivisions and in accord with § 250-18 of the Town of Lumberland Zoning Law.
