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 Cochecton. 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 flood or other natural disaster, 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. Reserve strips controlling access to lots, public
rights-of-way, public lands or adjacent private lands are prohibited.
A.
Blocks shall ordinarily not exceed 1,500 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 street (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
street, 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 street
shall be subject to this requirement, if the Planning Board determines,
after inspection, that safety demands restricting access.[1]
E.
Cul-de-sac streets, permanently designed as such, shall not exceed
1,500 feet in length and shall furnish access to not more than 10
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 sidelines 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.
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.
H.
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.
I.
The lot depth to lot width ratio shall be at a maximum of four to
one, unless there are compelling reasons to create a longer lot due
to problems of access.
J.
All lots shall front on a public or private street (existing or proposed), and the right-of-way of the principal access to any subdivision shall be a minimum of 50 feet in width. However, upon written request by the subdivider, the Town Planning Board may grant a waiver under § 240-13E of Chapter 240, Zoning.
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 or the Planning
Board shall waive the requirement, 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 100
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.
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 State 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.
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
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 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 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)
Where a subdivision is traversed by a watercourse, drainageway,
channel, or stream, there shall be provided a drainage easement conforming
substantially with the line of such watercourse, drainageway, channel
or stream, and of such width (minimum 20 feet) as will be adequate
to preserve the unimpeded flow of natural drainage or for the purpose
of widening, deepening, relocating, improving or protecting such drainage
facilities.
(14)
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 insure 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 10 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.
(1)
No street grade shall be less than 1% or exceed the following, with
due allowances for reasonable vertical curves:[1]
|
Type of Street or Way
|
Maximum Grade
| |
|---|---|---|
|
Major streets
|
5% (up to 8% for 500 feet)
| |
|
Collector streets
|
6% (up to 10% for 500 feet)
| |
|
Minor streets
|
12% (up to 15% for 500 feet)
|
(2)
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:[2]
|
Type of Street or Way
|
Minimum Visibility Distance
(feet)
| |
|---|---|---|
|
Major streets
|
500
| |
|
Collector streets
|
300
| |
|
Minor streets
|
300
| |
|
Streets shorter than 500 feet
|
150
|
F.
Right-of-way width.
(1)
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
| |
|
Private drives
|
(See § 215-28R.)
|
(2)
Where a subdivision adjoins an existing public street with a right-of-way
of less than these widths, an easement equal to 1/2 the additional
width required to meet the standard shall be provided by the developer
on that side of the street for the purpose of widening the public
right-of-way.
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 following:
(1)
Clearing and grubbing. Clearing and grubbing shall consist of clearing
the area of all trees, down timber, snags, brush and other vegetation
and shall include grubbing stumps or roots. The area to be cleared
and grubbed shall be limited to that area to be covered by the roadway
proper, shoulders, sideslopes and ditches. All cleared materials shall
be removed from the development or buried in a lot unsuitable for
a building or otherwise disposed of in a manner approved by the Town
Board.
(2)
Subbase. All rock and boulders larger than six inches in diameter
shall be excavated 12 inches below the finished subgrade of the roadway.
All topsoil or otherwise soft or unstable materials shall be removed
from within the roadway, shoulders and ditches and shall be replaced
with suitable borrow. Fill required to complete the approved grades
shall be acceptable to the Town Board.
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:
J.
The pavement shall be constructed in accordance with the following:
(1)
Road section. Cut and fill slopes in earth shall be not less than
one on two. Subbase shall consist of a bottom course of at least 12
inches of New York State approved stone and a top course of at least
six inches of well-graded New York State approved stone with no particles
of material larger than two inches in diameter. The subbase shall
be crowned, shaped to a smooth grade and well compacted.[4]
(3)
Pavement. Pavement shall be three inches thick (compacted), of sufficient
width to meet standards provided in this chapter and consist of one
of the following:
(a)
A cold-mix pavement consisting of No. 1 stone mixed with latex
MP emulsion at 13 to 20 gallons per ton (amount varies in order to
provide coating of different type stones) in an approved motor paver,
then blotted with No. 1 stone to fill the voids and sealed with RS-2
emulsion at 0.4 gallon per square yard and No. 1S stone at 12 pounds
per square yard.
(b)
An asphaltic concrete pavement consisting of one three-inch
course of dense binder and sealed with RS-2 emulsion at 0.4 gallon
per square yard and No. 1S or 1A stone at 12 pounds per square yard.
(4)
Design and construction of drainage structures.
(c)
In no event shall the diameter of any sluice pipe be less than
15 inches.
(d)
Drainage channels shall be designed following generally accepted
hydraulic engineering principles. Channels shall be normally of trapezoidal
cross section with sideslopes of two feet on one foot.
(e)
The banks on both sides of drainage facilities and bridges servicing
a stream or larger watercourse shall have riprapped construction of
the banks beyond the headwalls. The amount of riprap required shall
be determined by the Town Highway Superintendent.
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,
it shall be constructed according to good engineering practice. Curbs
shall not be constructed, however, where pavements are less than 22
feet in width.[8]
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
or Highway Superintendent.
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 Specifications. 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
their own expense. Streets that are extensions of, or obviously in
alignment with, existing streets shall bear the name of existing streets.
Street names shall not be repeated within the Town and shall be subject
to the approval of the 911 coordinator.[9]
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 Cochecton shall
be altered or connected onto without first obtaining a permit from
the Town of Cochecton Highway Superintendent.
R.
Driveways and private drives.
(1)
Individual driveways serving only one single family each shall not
be subject to street improvement requirements of this chapter or of
the Town Road Specifications. 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 Street or Way
|
Minimum Right-of-Way Width
(feet)
| |
|---|---|---|
|
Minimum right-of-way
|
50
| |
|
Minimum pavement width
|
16
| |
|
Minimum shoulder width
|
3
|
(2)
Pavement may consist of any all-weather surface satisfactory to the Town Engineer. If there is a potential for resubdivision of any of the lots to be serviced by the private drive such that eventually more than three lots might result, the subdivider shall provide right-of-way not less than the minimum required as necessary to serve the maximum potential number of lots. All drainage plans shall be subject to approval of the Town Engineer. Also, see § 215-22J and § 240-13E of Chapter 240, Zoning.[10]
S.
Nothing contained herein shall be construed in any way to require
the Town of Cochecton to accept dedication of any street. This chapter
is intended, rather, to set standards of construction for all new
streets in connection with land subdivisions, and any proposed dedication
of such streets shall be subject to the specific dedication requirements
of the Town.
Multifamily dwelling projects shall be considered major subdivisions as well as special uses under Chapter 240, Zoning. This "major subdivision" classification shall apply to all subdivisions of property in connection with the development, regardless of whether or not the same are connected with building development, and the approvals required shall be requested and acted upon concurrently as one subdivision. Application for preliminary approval of multifamily dwelling projects, accordingly, will be made to the Town in the manner provided under this chapter. The subdivider shall also submit all information required by the special use procedures of Chapter 240, Zoning.
The Town of Cochecton Planning Board shall be authorized, pursuant to § 278 of the Town Law, to modify applicable provisions of Chapter 240, Zoning, and this chapter so as to accommodate conservation subdivision projects. Also known as "cluster development," conservation subdivisions offer flexibility in design, facilitate the economical provision of streets and utilities and preserve open space. They shall be allowed anywhere within the Town of Cochecton and be processed pursuant to subdivision plat approval procedures and § 240-32 of Chapter 240, Zoning.
