In considering applications for subdivision of land, the Town
Board shall be guided by the standards set forth hereinafter. The
said standards shall be considered to be minimum requirements and
shall be waived by the Board only under circumstances set forth herein.
A.
Character of land. Land to be subdivided shall be of such character
that it can be used safely for building purposes without danger to
health or peril from fire, flood or other menace.
B.
Conformity to Official Map and Master Plan. Subdivisions shall conform
to the Official Map and be in harmony with the Comprehensive Master
Plan.
C.
Specifications for required improvements. All required improvements
shall be constructed or installed to conform to the Town specifications,
which may be obtained from the Town Engineer.
D.
The requirements of the Town of Alden Law to Prohibit Illicit Discharges,
Activities and Connections to Separate Storm System Law and the Town
of Alden Law Stormwater Management and Erosion and Sediment Control
Law of the Alden Town Code[1] must be followed. Whenever the requirements of this local
law are at variance with the requirements of any other lawfully adopted
rules regulations or ordinances, the most restrictive, or that imposing
the higher standards, shall govern.
A.
Width, location and construction. Streets shall be of sufficient
width, suitably located, and adequately constructed to conform with
the General Development 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 such as to cause no
undue hardship to adjoining properties and shall be coordinated so
as to compose a convenient system.
B.
Arrangement. The arrangement of streets in the subdivision shall
provide for the continuation of principal streets of adjoining subdivisions,
and for proper projection of principal streets into adjoining properties
which are not yet subdivided, in order to make possible necessary
fire protection, movement of traffic and the construction or extension,
presently or when later required, of needed utilities and public services,
such as sewers, water and drainage facilities. Where, in the opinion
of the Town Board, topographic or other conditions make such continuance
undesirable or impracticable, the above conditions may be modified.
C.
Minor streets. Minor streets shall be so laid out that their use
by through traffic will be discouraged.
D.
Frontage on major streets.
(1)
Intent. The following provisions are intended to reduce the
traffic hazards created by the intersections of private driveways
with major streets and to provide a reasonable degree of safety and
quietness for subdivision along such major streets.
(2)
Application. These provisions pertain to "strip-type" development and shall apply to all proposed subdivisions abutting or containing an existing or proposed major street as defined under § A374-19, below.
(3)
Major streets. State and county highways as designated on the
Erie County Highway Map shall be considered as major streets.
(4)
Marginal access streets. When a subdivision abuts or contains an existing or proposed major street, and when required to avoid future problems as described above in Subsection D(1), a marginal access street shall be required to provide the individual lots access to the major street. The marginal access street shall be outside and adjacent to the right-of-way of the major street, and required building setbacks shall be measured from the near edge of the marginal access street. Pavement width of the access street shall be a minimum of 20 feet and shall be constructed in accordance with Town specifications.
(5)
Suggested street patterns. Where property depth permits residential
street patterns such as culs-de-sac, U-shaped courts and loop streets
are strongly suggested as alternatives to strip development. The Town
Planning Board is available to discuss street layout regarding these
regulations with subdividers and others involved in planning residential
development.
E.
Provision for future resubdivision. Where a tract is subdivided into
lots substantially larger than the minimum size required in the zoning
district in which a subdivision is located, the Board may require
that streets and lots be laid out so as to permit future resubdivision
in accordance with the requirements contained in these regulations.
F.
Dead-end streets. The creation of dead-end or loop residential streets
will be encouraged wherever the Board finds that such type of development
will not interfere with normal traffic circulation in the area. In
the case of dead-end streets, where needed or desirable, the Board
may require the reservation of a twenty-foot wide easement to provide
for continuation of pedestrian traffic and utilities to the next street.
Subdivisions containing 20 lots or more shall have at least two street
connections with existing public streets or streets shown on the Official
Map.
G.
Block size. Blocks generally shall not be less than 400 feet nor
more than 1,200 feet in length. In general, no block width shall be
less than twice the normal lot depth. In blocks exceeding 800 feet
in length, the Planning Board may require the reservation of a 20
feet 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 foot path be included.
H.
Intersections with collector or major arterial roads. Minor or secondary
street openings into such roads shall, in general, be at least 500
feet apart.
I.
Street jogs. Street jogs with center-line offsets of less than 125
feet shall be avoided.
J.
Angle of intersection. In general, all streets shall join each other
so that, for a distance of at least 100 feet, the street is approximately
at right angles to the street it joins.
K.
Relation to topography. The street plan of a proposed subdivision
shall bear a logical relationship to the topography of the property,
and all streets shall be arranged so as to obtain as many of the building
sites as possible at or above the grade of the streets. Grades of
streets shall conform as closely as possible to the original topography.
L.
Other required streets. When a subdivision borders on or contains
a railroad right-of-way or limited access highway right-of-way, the
Planning Board may require a street approximately parallel to and
on each side of such right-of-way at a distance suitable for the appropriate
use of the intervening land (as for park purposes in residential districts,
or for commercial or industrial purposes in appropriate districts).
Such distances shall also be determined with due regard for the requirements
of approach grades and future grade separations.
A.
Width of rights-of-way and pavements. Streets shall have the following
widths. Their classification, e.g., "Collector," shall be determined
by the Town Board.
|
Arterial
|
Collectors and Minor Streets
(feet)
|
Outside Radius of Cul-de-sac
(feet)
|
Marginal Access
(feet)
| |
|---|---|---|---|---|
|
Minimum right-of-way width
|
As determined by state or county road authorities
|
66
|
90
|
40
|
|
Minimum pavement width
|
As determined by state or county road authorities
|
28
|
70
|
20
|
B.
Improvements. Streets shall be graded and improved with pavements,
curbs and gutters, storm drainage facilities, water mains, sewers,
streetlights and signs, street trees, and fire hydrants, except that
the Town Board may waive, subject to appropriate conditions, such
improvements as it considers may be omitted without jeopardy to the
public health, safety and general welfare. Pedestrian easements shall
be improved as required by the Town Engineer. Such grading and improvements
shall be approved as to design and specifications by the Town Engineer.
(1)
Fire hydrants. Installation of fire hydrants shall be in conformity
with all requirements of standard thread and nut as specified by the
New York Fire Insurance Rating Organization and the Division of Fire
Safety of the State of New York.
(2)
Streetlighting facilities. Lighting facilities shall be in conformance
with the lighting system of the Town. Such lighting standards and
fixtures shall be installed after approval by the appropriate power
company and the authorized Town Electrical Inspector.
C.
Utilities in streets. The Town Board shall, wherever possible, require
that underground utilities be placed in the street right-of-way between
the paved roadway and street line to simplify location and repair
of lines when they require attention. The subdivider shall install
underground service connections to the property line of each lot within
the subdivision for such required utilities before the street is paved.
D.
Utility easements. Where topography is such as to make impractical
the inclusion of utilities within the street rights-of-way, perpetual
unobstructed easements at least 20 feet in width shall be otherwise
provided with satisfactory access to the street. Wherever possible,
easements shall be continuous from block to block and shall present
as few irregularities as possible. Such easements shall be cleared
and graded where required.
E.
Grades. Grades of all streets shall conform in general to the terrain,
and shall not be less than 1/2 nor more than 6% for major or collector
streets, or 10% for minor streets in residential zones, but in no
case more than 3% within 50 feet of any intersection.
F.
Changes in grade. All changes in grade shall be connected by vertical
curves of such length and radius as meet with the approval of the
Town Engineer so that clear visibility shall be provided for a safe
distance.
G.
Curve radii at street intersections. All street right-of-way lines
at intersections shall be rounded by curves of at least 20 feet radius
and curbs shall be adjusted accordingly.
|
H.
Steep grades and curves; visibility of intersections. A combination
of steep grades and curves shall be avoided. In order to provide visibility
for traffic safety, that portion of any corner lot (whether at an
intersection entirely within the subdivision or of a new street with
an existing street) which is shown shaded on Sketch A shall be cleared
of all growth (except isolated trees) and obstructions above the level
three feet higher than the center line of the street. If directed,
ground shall be excavated to achieve visibility.
I.
Dead-end streets (culs-de-sac). Where dead-end streets are designed
to be so permanently, they should, in general, not exceed 500 feet
in length, and shall terminate in a circular turnaround having a minimum
right-of-way radius of 90 feet and a minimum inside pavement radius
of 70 feet. At the end of temporary dead-end streets, a temporary
turnaround shall be provided in accordance with Town specifications.
J.
Watercourses.
(1)
Where a watercourse separates a proposed street from abutting
property, provision shall be made for access to all lots by means
of culverts or other structures of design approved by the Town Engineer.
(2)
Where a subdivision is traversed by a watercourse, drainage
way, channel or stream, there shall be provided a stormwater easement
or drainage right-of-way as required by the Town Engineer, and in
no case less than 20 feet in width.
K.
Curve radii. In general, street lines within a block, deflecting
from each other at any one point by more than 10°, shall be connected
with a curve, the radius of which for the center line of street shall
not be less than 400 feet on major streets, 300 feet on collector
streets and 200 feet on minor streets.
L.
Service streets or loading space in commercial development. Paved
rear service streets of not less than 20 feet in width, or in lieu
thereof, adequate off-street loading space, suitably surfaced, shall
be provided in connection with lots designed for commercial use.
M.
Free flow of vehicular traffic abutting commercial development. In
front of areas zoned and designed for commercial use, or where a change
of zoning to a zone which permits commercial use is contemplated,
the street width shall be increased by such amount on each side as
may be deemed necessary by the Town Board to assure the free flow
of through traffic without interference by parked or parking vehicles,
and to provide adequate and safe parking space for such commercial
or business district.
A.
Type of name. All street names shown on a preliminary plat or final
subdivision plat shall be approved by the Planning Board. In general,
streets shall have names and not numbers or letters.
B.
Names to be substantially different. Proposed street names shall
be substantially different so as not to be confused in sound or spelling
with present names, except that streets that join or are in alignment
with streets of an abutting or neighboring property shall bear the
same name. Generally, no street should change direction by more than
90° without a change in street name.
A.
Lots to be buildable. The lot arrangement shall be such that, in
constructing a building in compliance with the Zoning Ordinance,[1] there will be no foreseeable difficulties for reasons
of topography or other natural conditions. Lots should not be of such
depth as to encourage the later creation of a second building lot
at the front or rear.
B.
Side lines. All side lines of lots shall be at right angles to straight
street lines and radial to curved street lines, unless a variance
from this rule will give a better street or lot plan.
C.
Corner lots. In general, corner lots should be larger than interior
lots to provide for proper building setback from each street and provide
a desirable building site.
D.
Driveway access. Driveway grades between the street and the setback
line shall not exceed 10%.
E.
Access from private streets. Access from private streets shall be
deemed acceptable only if such streets are designed and improved in
accordance with these regulations.
F.
Monuments and lot corner markers. Permanent monuments meeting specifications
approved by the Town Engineer as to size, type and installation shall
be set at such block corners, angle points, points of curves in streets
and other points as the Town Engineer may require, and their location
shall be shown on the final subdivision plat.
A.
Removal of spring and surface water. The subdivider may be required
by the Town Board to carry away by pipe or open ditch any spring or
surface water that may exist either previous to, or as a result of,
the subdivision. Such drainage facilities shall be located in the
street right-of-way where feasible, or in perpetual unobstructed easements
of appropriate width.
B.
Drainage structure to accommodate potential development upstream.
A culvert or other drainage facility shall, in each case, be large
enough to accommodate potential runoff from its entire upstream drainage
area, whether inside or outside the subdivision. The Town Engineer
shall approve the design and size of facility based on anticipated
runoff from a ten-year storm under conditions of total potential development
permitted by Zoning Ordinance[1] in the watershed.
C.
Responsibility from drainage downstream. The subdivider's engineer
shall also study the effect of each subdivision on the existing downstream
drainage facilities outside the area of the subdivision; this study
shall be reviewed by the Town Engineer. Where it is anticipated that
the additional runoff incident to the development of the subdivision
will overload an existing downstream drainage facility during a five-year
storm, the Planning Board shall notify the Town Board of such potential
condition. In such case, the Planning Board shall not approve the
subdivision until provision has been made for the improvement of said
condition.
D.
Land subject to flooding. Land subject to flooding or land deemed
by the Planning Board to be uninhabitable shall not be platted for
residential occupancy, nor for such other uses as may increase danger
to health, life or property, or aggravate the flood hazard.
E.
Individual lot grading. The subdivider shall provide for proper grading
of individual lots which will divert water away from buildings, prevent
standing water and soil saturation detrimental to structures and lots
use, provide for disposal of water from lots, preserve desirable site
features, and provide grades for safe and convenient access to and
around buildings and lots. Lot grading illustrations are provided
in the appendix.[2]
[2]
Editor's Note: See Attachment 6, Lot Grading.
A.
Recreation areas shown on Town Plan. Where a proposed park, playground or open space shown on the Town Plan is located in whole or in part in a subdivision, the Board shall require that such area or areas be shown on the plat in accordance with the requirements specified in Subsection B below. Such area or areas may be dedicated to the Town or county by the subdivider if the Town Board approved such dedication.
B.
Parks and playgrounds not shown on Town Plan.
(1)
The Town Board shall require the dedication or reservation of
an area or areas for a park or parks, playground, open space or other
recreational use. This area or areas shall be not less than 10% of
the total subdivision area, and shall be of a character, extent and
location suitable to the needs created by such developments.
(2)
In a cluster subdivision, 10% of the total subdivision area,
in addition to the land accrued by reducing the lot sizes from that
required in the applicable zoning district, shall be dedicated to
the Town or reserved for a park or parks, playground, open space or
other recreational use. Street rights-of-way, drainage or other easements
shall not be considered as part of this requirement. Appropriate legal
measures shall be taken to assure that such land shall never be developed
for other than recreational purposes.
C.
Waiver of reservation of areas.
(1)
In cases where the Town Board finds that due to the size, topography,
or location of the subdivision, land for a park, playground or other
recreation purpose cannot be properly located therein, or if in the
opinion of the Board it is not desirable, the Board may waive the
requirements that the plat show land for such purposes. The Board
shall then require payment of a fee per subdivision lot in lieu of
the dedication or reservation of areas or sites for the above uses;
said fee to be set by the Town Board by resolution.
[Amended 4-16-2018]
(2)
Such fee shall be paid to the Town Board at the time of final
plat approval, and no plat shall be signed by the authorized officer
of the Town Board until such payment is made. All such fees shall
be placed in a reserve account for the acquisition or development
of permanent parks or playgrounds available to the residents of the
subdivision concerned, and shall in no event become a part of any
fund for general recreational purpose or of the general fund of the
Town.
D.
Reserve strips prohibited. 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.
E.
Preservation of natural features. The Town Board shall, wherever
possible, establish the preservation of all natural features which
add value to residential developments and to the community, such as
large trees or groves, watercourses and falls, beaches, historic spots,
vistas and similar irreplaceable assets. No tree with a diameter of
eight inches or more as measured three feet above the base of the
trunk shall be removed unless such tree is within the right-of-way
of a street as shown on the final subdivision plat. Removal of additional
trees shall be subject to the approval of the Town Board. In no case,
however, shall a tree with a diameter of eight inches or more as measured
three feet above the base of the trunk be removed without prior approval
by the Town Board.
F.
Required trees.
(1)
The subdivider shall provide a minimum of one street tree per
50 feet of lot frontage. Required trees shall be approved by the Town
Board and shall be compatible with subdivision development in terms
of height, spread, longevity, root structure, nuisance characteristics,
disease and pest resistance, and general hardiness. The following
is a suggested list of appropriate trees for the Alden area:
(2)
Required trees shall measure a minimum of 1 1/2 inches
in diameter as measured three feet above the base of the trunk and
shall be located a minimum of five feet outside the right-of-way.
(3)
Existing trees may serve as required trees by approval of the
Town Board.
