[Amended 10-16-1991; 12-18-1996; 4-15-2015 by L.L. No. 2-2015; 6-14-2017 by L.L. No. 3-2017]
The subdivider shall observe all general requirements for land
subdivision as herein provided.
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 and with a minimum
of detrimental effects on the environment.
B. Preservation of natural features. The Planning Board may require
the preservation of all natural features which add value to residential
developments and to the community, such as large trees or wooded areas,
watercourses, historic spots and similar irreplaceable assets.
C. Conformance with Official Map and Master Plan. Subdivision plats
and improvements provided shall conform to the Official Map and Zoning
Ordinance of the Town of Elma and shall be in harmony with the Town
Master Plan.
D. Minimum lot. No lot area in a subdivision shall be less than the minimum required by the Zoning Ordinance for the district in which it is located, unless otherwise provided in the Zoning Ordinance or as provided within Article
VIII of this chapter. The Planning Board shall be authorized to designate a lesser frontage than required by the Zoning Ordinance for the district in which it is located, provided that the Planning Board may not reduce said frontage of an approved lot to less than 90% of the frontage minimum required in said district. A full lot on a cul-de-sac shall be a minimum of 90 feet road frontage.
E. Plats with access through other municipalities. Whenever access to
a subdivision is by crossing land in another municipality, the Planning
Board may require certificates from authorities having appropriate
jurisdiction that such access is adequately improved or that a legally
adequate performance bond has been duly posted and is sufficient in
amount to assure the construction of the necessary road or roads.
F. Replatting. Replatting of all or part of the land covered by an existing
plat which has been laid out prior to compulsory filing shall comply
with these regulations as now required.
G. Preservation of topsoil. No topsoil shall be removed from any subdivision
in the Town. In the case where there are areas over which heavy equipment
will be operated, the topsoil may be stripped and piled on the property.
When final grades have been completed, the entire property shall be
suitably graded and recovered with topsoil to a depth of at least
four inches after rolling, except that portion covered by buildings
or included in the roads.
H. Watercourses. Where a watercourse separates a proposed street from
abutting property, provisions shall be made for access to all lots
by culverts or other permanent structures. Where a subdivision is
traversed by a watercourse, drainageway, channel or stream, there
shall be provided a stormwater easement or drainage right-of-way not
less than 30 feet in width. All such structures and rights-of-way
shall be of design and specification approved by the designated Town
Engineer and the Town Highway Superintendent.
I. Flood hazard.
(1) If any portion of the land within the subdivision is subject to periodic
inundation or flood hazard caused by stormwater, this portion shall
be clearly indicated on any subdivisions required by these regulations.
In cases of doubt, the Planning Board may require submission of a
flood hazard study delineating the limits of the one-hundred-year
floodplain. Such study shall be conducted by a licensed professional
engineer.
(2) Lands subject to flooding and land deemed by the Planning Board to
be otherwise uninhabitable shall not be platted for residential occupancy
nor for any such other use that may increase danger to health, life
or property, or aggravate the flood hazard.
(3) Any subdivision, including all proposed improvements and construction,
must comply with all applicable provisions of the National Flood Insurance
Act of 1968, including all amendments thereto.
The subdivider shall conform to all subdivision design standards as herein provided. These standards shall be considered minimum standards and shall be varied from or waived only as provided for in Article
IX of this chapter.
A. Lots.
(1) Lots to be buildable. The lot arrangement shall be such that, in
constructing a building in compliance with the Zoning Ordinance, there will be no foreseeable difficulties for reasons
of topography or other natural conditions.
(2) Deep lots. Lots shall not be of unreasonable depth, but, if such
depth is unavoidable, provisions should be made whenever possible
in the layout of the subdivision for streets which may be added later
through resubdivision to serve the development of the rear portion
of such deep lots.
(3) Corner lots. Corner lots shall be of sufficient dimensions so that
any structure placed thereon shall conform to the building setback
line on both streets, as well as side yard requirements, for the zoning
district in which the lot is located.
(4) Double-frontage lots. Lots whose front and rear lot lines abut two
separate and approximately parallel streets should be avoided except
in residential areas abutting major arteries. In such cases, a planting
screen easement at least 10 feet wide with no right of access to the
lot shall extend along the lot line abutting the major artery right-of-way.
(5) Minimum lot size. Each lot shall be no smaller than the minimum size required by the Zoning Ordinance for the district in which it is located. The minimum lot width, measured at the point where the property line meets the road right-of-way line, must be the minimum lot width required by the Zoning Ordinance for the district in which it is located, unless extreme hardship is demonstrated, in which case the Planning Board shall have discretion to reduce said minimum in accordance with §
123-16D.
(6) Side yard lines. All side yard lines of lots shall be substantially
at right angles to straight street lines and radial to curved street
lines.
(7) Driveway access. Whenever possible, lots shall be laid out so that
driveways have access to a street which is intended to carry out the
least traffic. Driveway grades between the street pavement and the
building setback line shall not exceed 10%.
(8) Access from public streets.
(a)
The subdividing of land shall be such as to provide, by means
of public street, each lot with satisfactory access to an existing
public street for construction within the subdivision.
(b)
Double-frontage and reverse-frontage lots should be avoided.
Reverse-frontage lots, which have their rear yard abutting a collector
or major street, shall be provided with effective natural screening
along the full width of the rear property line to screen the rear
yard from adjacent traffic.
(c)
A lot of less than 200 feet frontage fronting on a county or
state highway may be designed as to share a common curb cut with an
adjacent lot, if either adjacent lot has not been previously granted
a curb-cut permit. When more than three lots are proposed to be subdivided
from a parcel with frontage on a county or state highway, or there
is a possibility of creating four or more lots equal in size to the
average area of the lots proposed for subdivision, frontage for all
such lots shall be on internal streets, not on the county or state
highway. Each lot permitted to front on a county or state highway
shall provide for an improved on-site turnaround so as to obviate
the necessity of any vehicle backing onto such highway.
(9) Access from private streets. Access to a subdivision from private streets, as provided under § 280-a of the Town Law, shall be deemed acceptable only if such private streets are designed and improved in accordance with Subsection
B of this section and if said private streets are transferred to the Town and accepted by the Town Engineer and Highway Superintendent prior to or at the same time as final acceptance of the subdivision itself.
(10)
Block design. Each block shall normally be designed to provide
two rows of lots, but irregularly shaped blocks indented by cul-de-sac
streets and which contain interior parks will be acceptable when properly
designed and if the maintenance of such interior parks is provided
for in covenants and agreements acceptable to the Planning Board.
B. Streets.
(1) General objectives. Streets shall be of sufficient width, suitably
located and adequately constructed to conform to the Town Master Plan
and to accommodate the prospective traffic and afford access for firefighting,
snow removal and other road maintenance equipment. The arrangement
of streets shall be coordinated such that they compose a convenient
system, cause no undue hardship to adjoining properties and render
no property inaccessible from an existing public street or from a
proposed street in a subdivision for which a completion bond has been
posted.
(2) Arrangement.
(a)
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, by use of stub streets 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 sewer, 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.
(b)
The subdivision street traffic network shall provide an orderly
local access progression from marginal streets to collector street
to main highways and shall include a continuous network of public
pedestrian walks, either independent or incorporated within vehicular
rights-of-way, to connect all properties and public areas.
(4) Pavement, drains and culverts. All pavement, gutters, drains, culverts
and other street improvements required by the Planning Board shall
conform to Town specifications, which are available in the Town Clerk's
office.
(5) Marginal access streets. Where the proposed subdivision contains
or is adjacent to an existing or proposed major arterial street, the
Planning Board may require marginal access streets, reverse frontage
with screen planting contained in nonaccess reservation along the
rear property line or such other treatment as may be necessary for
adequate protection of residential properties and to afford separation
of through and local traffic.
(6) Local streets. Local streets shall be laid out in a manner to discourage
their use by through traffic. Local and collector street openings
onto a major artery shall normally be at least 500 feet apart.
(7) Street connections. Subdivisions containing 50 lots or more shall
have at least two connections with existing public streets, with streets
shown on the Official Map, if such exists, or streets on an approved
subdivision plat for which a bond has been filed.
(8) Grades and curves. Grades of all streets shall conform to the general
terrain and shall be no less than 1/2 of 1% nor more than 7%. Where
a grade of 1/2 of 1% cannot be achieved, reduction may be considered
if both street curves and a smooth-wearing surface are provided.
(9) Street trees. At least two street trees, having a minimum one-and-one-half-inch
caliper trunk and an eight-foot height, shall be planted on each lot.
C. Parks and public open space. Adequate land for parks and other public
open space purposes shall be provided in any subdivision of five or
more lots throughout the Town of Elma.
(1) Amount of land dedicated.
(a)
In general, the Planning Board may require that not less than
one acre of park and public open space land per 20 dwelling units
be shown on the plat. However, in no case shall the amount required
be more than 10% of the total area of the subdivision.
(b)
The minimum area of contiguous public open space acceptable
for this use may be one acre. A smaller open space may be approved
by the Planning Board if the difference in area between the space
offered and the one-acre minimum may be provided by future subdivision
of adjacent land. All lands designated on the plat as park or open
space area shall be subject to such conditions as the Planning Board
may establish on the subdivision concerning access, use and maintenance
of such lands as deemed necessary to assure the preservation of the
land, in perpetuity, for their intended purposes. Such conditions
shall be clearly noted on the plat prior to plat approval and recording.
(2) Information to be submitted. In the event that an area to be used
for park or public open space is required to be shown, the subdivider
shall submit, prior to final approval, to the Planning Board drawings
at a scale of not less than 20 feet to the inch of such area and the
following features thereof:
(a)
The boundaries of said area, giving lengths and bearings of
all straight lines, radii, lengths, central angles and tangent distances
of all curves.
(b)
Existing features, such as streams, ponds, clusters of trees,
rock outcrops and structures.
(c)
Existing and, if applicable, proposed changes in grade and contours
of said area and of the area immediately adjacent.
(d)
Plans for improvements of said area, not limited to grading,
seeding, fencing, landscaping and the provisions for play and related
equipment.
(3) Payment in lieu of dedication. In cases where, because of size, topography
or location of the subdivision, the requirement for land dedication
of reservation for parks and public open spaces would be unreasonable
or undesirable, the Planning Board may alternately require, under
§ 277 of the Town Law, that a payment be made into a special
fund for Town recreation site acquisition and improvement in lieu
of such land dedication. Such payment shall be a condition of approval
of the plat and be in the sum of $250 per proposed dwelling unit in
the project or such sum as may be set by resolution of the Town Board
from time to time. No plat shall be signed by the authorized officer
of the Planning Board until such payment is made.
D. Public improvements and utilities. See Detail AA.
(1) Placement. Underground public improvements required by the Planning Board in accordance with Article
V §
123-11, and public utilities shall be placed in the street rights-of-way between the street paving and the sidewalk, if one exists, or between the street paving and right-of-way line. Where topography makes such placement impractical, perpetual unobstructed easements at least 15 feet in width shall be provided for along lot frontages abutting the street lines, with satisfactory access to the street. Wherever possible, easements shall be continuous from block to block, and their layout shall be as regular as possible. Subject to the discretion of the Town Board, an underground public improvement or utility operated for revenue by the Town or by a special district may be installed by the Town in a private street, provided that a public easement of satisfactory size is obtained for such improvement or utility. Before the street is paved, the subdivider shall install underground service connections for all required public improvements to the property line of each lot within the subdivision.
(2) Water.
(a)
The subdivider shall connect to the closest existing watermain
to his subdivision. No subdivision shall be approved unless plans
demonstrate the availability of a water supply of a dependable quantity
adequate for all domestic purposes, and meet all considerations of
fire protection requirements. All Health Department requirements must
be adhered to as per the Pure Waters Act and recommended standards for waterworks of the State
of New York Health Department. Only materials approved and accepted
by the American Water Works Association can be used in construction
of the watermains.
(b)
The subdivider shall perform all requirements at his own expense.
(3) Sanitary sewers.
(a)
Where an appropriate public sanitary sewer system is reasonably
accessible, the subdivider shall install at his expense the necessary
connections into the system and provide a sewer connection for each
lot.
(4) Septic tank systems. Where an appropriate sanitary sewer system is
not reasonably accessible but where the plans for the sanitary sewer
district, including lands on which the subdivision is located, have
been prepared, the subdivider, at his expense, in addition to installing
sanitary sewers in conformity with those plans for eventual connection
with a trunk sewer, shall provide private septic tank systems which
shall conform to the requirements of the Erie County Health Department
and of all other authorities having jurisdiction. The Planning Board
shall ascertain that such lots shall be of sufficient size to provide
adequate leaching fields for satisfactory performance of the system.
(5) Storm and drainage sewer system.
(a)
The subdivider shall install all necessary storm drainage sewers
and appurtenant facilities at his expense, in accordance with standards
of the Town and of all authorities having jurisdiction. Where an appropriate
storm drainage system is reasonably accessible, the subdivider shall
make proper connection thereto, otherwise the subdivider shall provide
appropriate means and methods for stormwater runoff satisfactory to
the Planning Board and all other authorities having jurisdiction.
Any such means and methods for stormwater runoff shall comply with
any SWPPP approved by the Town for the subdivision.
(b)
Where storm sewers are provided, the storm sewers shall generally
be installed 12 feet from the right-of-way line on the same side of
the street as the water main. Size is to be determined in consultation
with the designated Town Engineer and Highway Superintendent.
(c)
The drainage system shall be large enough to accommodate potential
runoff from the entire upstream drainage area, whether inside or outside
of the subdivision. The designated Town Engineer shall approve the
design and the size of the facilities based on anticipated runoff
from a twenty-year storm under conditions of total potential development
permitted by the Zoning Ordinance in the watershed.
(d)
The subdivider's engineer shall also study and report on
the effect of each subdivision on the existing downstream drainage
system outside the area of the subdivision, and this report shall
be reviewed by the designated Town Engineer. When it is anticipated
that the additional runoff incident to the development of the subdivision
will overload an existing downstream drainage facility during a twenty-year
storm, the Planning Board shall notify the Town Board of such potential
condition. In such case, the Planning Board shall not approve the
plat until provision has been made for the improvement of said condition.
(e)
Subdivisions shall be designed and constructed in accordance
with any SWPPP approved by the Town.
E. Pedestrianways.
(1) Sidewalks on collector roads. All streets which may be designated
as collector roads may be required to have a five-foot-wide sidewalk
on both sides of the street. All such sidewalks shall be so placed
that there will be a distance of three feet between the sidewalk and
the street paving and a distance of four feet between the inner edge
of the sidewalk and the right-of-way line. Planting of street trees
will be permitted in the space between the sidewalk and the right-of-way
only.
(2) Sidewalks on local streets. All local streets may be required to
provide a sidewalk on one or both sides of the street at the discretion
of the Planning Board. Such sidewalk shall be located as follows:
(a)
When a sidewalk is to be provided along only one side of a local
street, the street paving shall be offset from the right-of-way center
line by eight feet. The sidewalks shall be five feet in width and
so placed that there will be a distance of three feet between the
sidewalk and the right-of-way line. Planting of street trees will
be permitted in the space between the sidewalk and the right-of-way
only.
(b)
When sidewalks are to be constructed along both sides of a local
street, the paving shall be centered within the right-of-way. Each
sidewalk shall be five feet in width and so placed that there will
be a distance of three feet between the sidewalk and the street paving
and a distance of four feet between the inner edge of the sidewalk
and the right-of-way line. Planting of street trees will be permitted
in the space between the sidewalk and the right-of-way only.