The Planning Board, in considering an application for the subdivision
of land, shall be guided by the following considerations and standards.
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 Comprehensive Plan. Subdivisions shall
conform to the streets and parks shown on the Official Map of the
Town as may be adopted and shall be properly related to the Town Comprehensive
Plan as it is developed and adopted by the Town Planning Board.
A.
Streets. The following regulations shall govern the layout of streets:
(1)
The design of the street pattern shall be based upon a local residential
or minor street pattern connected to a residential collector street
system.
(2)
The arrangement of streets in new subdivisions shall make provision
for the continuation of existing streets in adjoining areas, or their
proper protection where adjoining land is not subdivided, at the same
or greater width insofar as such may be deemed necessary for public
requirements.
(3)
Local residential streets shall be designed so as to discourage through
traffic.
(4)
All right-of-way street widths and street pavements shall be measured
at right angles or radial to the center line of the street and shall
not be less than the following:
|
Type of Street
|
Right-of-Way
(feet)
|
|---|---|
|
Collector street
|
66
|
|
Marginal service street
|
60
|
(5)
Whenever possible, streets should intersect at right angles and not
intersect at angles of less than 60° unless approved by the Planning
Board.
(6)
The grades of streets shall be in accordance with specifications
established by the Town Engineer, and such grades as submitted on
subdivision plats shall be approved by him prior to final approval
by the Planning Board.
(7)
All proposed subdivisions shall be designed to provide access to
adjacent properties. When a proposed subdivision abuts an existing
subdivision, the subdivider shall make every attempt to design the
street system of the proposed subdivision to connect with dead-end
or stub streets of the existing subdivision.
(8)
The following standards shall apply to cul-de-sac streets:
(a)
A cul-de-sac should be located, if possible, so that it drains
toward its entrance.
(b)
Unless there is the expectation of extending the street through
to the adjoining property, a cul-de-sac street should not be brought
to the property boundary line but should be placed so that the lots
can back on the property line of the subdivision.
(c)
No cul-de-sac shall exceed 500 feet in length.
(d)
All culs-de-sac shall have a turnaround at the end of the street
which shall have a right-of-way radius of 60 feet and pavement radius
of 50 feet unless the Planning Board approves an alternate arrangement.
(9)
If a dead-end street is of a temporary nature, a similar turnaround
shall be provided and provisions made for future extension of the
street through to adjacent property and reversion of the excess right-of-way
to the adjoining properties.
(10)
New half or partial streets shall not be permitted, except that
wherever a proposed subdivision borders a half or partial street,
the Planning Board shall require that the other part of the street
be platted in the proposed tract if it is found that such a requirement
would increase the effectiveness of the circulation system in the
area.
(11)
Multiple intersections involving a junction of more than two
streets shall be prohibited.
(12)
Local residential streets and residential collector streets
shall not intersect with arterial streets less than 800 feet apart,
measured from center line to center line.
(13)
The minimum distance between center-line offsets at street jogs
shall be 150 feet.
(14)
No street shall have a name which will duplicate or so nearly
duplicate as to be confused with the names of existing streets. The
continuation of an existing street shall have the same name.
(15)
The minimum radius of horizontal curves, minimum length of vertical
curves, and minimum length of tangents between reverse curves shall
be in accordance with specifications established by the Town Engineer,
and said items shall be approved by him prior to final approval of
the subdivision plat by the Planning Board.
(16)
All street right-of-way lines at intersections shall be rounded
by curves of at least twenty-foot radius and curbs shall be adjusted
accordingly.
(17)
In general, street lines within a block deflecting from each
other at any one point by more than 10° shall be connected with
a curve, the radius of which for the center line of the street shall
not be less than 400 feet on major streets, 200 feet on collector
streets and 100 feet on minor streets.
B.
Lots. The following regulations shall govern the layout of lots:
(1)
The lot size, width, depth, shape, and orientation and the minimum
building setback lines shall be appropriate for the location of the
subdivision and for the type of development and use contemplated.
(2)
All lots shown on the subdivision plat must conform to the minimum
requirements of the Zoning Ordinance as to area and dimensions for
the zone in which the subdivision is located. However, in the event
of utilizing Town Law, the Planning Board may use its discretion in
determining lot sizes.
(3)
Each lot shall abut on a street built to the Town's specifications.
(4)
Corner lots shall have extra width sufficient for maintenance of
required building lines on both streets as required by the Zoning
Ordinance.
(5)
Where extra width has been dedicated for widening of existing streets,
lots shall begin at such extra width line, and all setbacks shall
be measured from such line.
(6)
Side lines of lots shall be at right angles to straight streets and
radial to curved streets.
(7)
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as rock formations, flood
conditions, or similar circumstances, the Planning Board may, after
adequate investigation, require modification of such lots.
(9)
Blocks intended for commercial or industrial use shall be designed
specifically for such purposes, with adequate space set aside for
off-street parking and delivery facilities.
(10)
Double frontage lots will not, in general, be approved.
C.
Easements. An easement shall be provided for all natural drainageways
and all utility lines when such utility line or lines do not fall
within a dedicated right-of-way. All easements shall be plotted on
the preliminary plat and subdivision plat. A clause shall be inserted
in the deed of each lot affected by an easement indicating that the
easement exists and its purpose. Except as further required in this
section, easements shall have a minimum width of 10 feet. Where a
subdivision is traversed by a drainageway, channel, or stream, a drainageway
easement conforming substantially to the lines of such watercourse
shall be provided. The easement shall be 20 feet wide or such width
as will be adequate to preserve natural drainage and provide sufficient
width for maintenance. Where it is found that additional easement
width is needed, such width shall be determined by the Planning Board
in consultation with the Town Engineer. To the fullest extent possible,
easements shall be centered on or adjacent to rear or side lot lines.
All utility lines which are primarily intended to provide service
to the lots within the subdivision shall be installed underground
at a depth and at such locations as will minimize risk of interruption
of services. A five-foot easement running parallel with and contiguous
to all street and highway rights-of-way shall be provided to the Town
granting the Town the right to protect, plant, prune, spray, remove,
control, regulate and improve shrubbery and shade trees thereon.
D.
Landscaping and ground cover.
(1)
All lot areas which are not covered by structures or paving shall
be properly seeded by the developer.
(2)
The developer shall provide a liberal and functional landscaping
scheme for the entire subdivision. Each lot shall be provided with
a minimum of two trees which shall be in addition to the street shade
trees. This requirement may be waived by the Planning Board in wooded
areas where the subdivider intends to maintain existing trees.
(3)
Individual homeowners may, by written agreement with the subdivider
and builder, seed and landscape their yards independently.
(4)
When a proposed subdivision borders upon an existing commercial or
industrial establishment or any other use which, in the opinion of
the Planning Board, may be detrimental to the tranquility of the future
residents of the subdivision, the Planning Board may require a landscape
screen to buffer the subdivision from the noncompatible use.
E.
Preservation of natural features.
(1)
Topsoil moved during the course of construction shall be redistributed
so as to provide at least four inches to six inches of cover to all
areas of the subdivision and shall be stabilized by seeding or planting.
At no time shall topsoil be removed from the site without written
permission from the Planning Board.
(2)
To the fullest extent possible, all existing trees and shrubbery
shall be conserved by the subdivider. Special consideration shall
be given to the arrangement and ultimate improvement or development
of the lots to this end. Precautions shall also be taken to protect
existing trees and shrubbery during the process of grading the lots
and roads. Where there is a question as to the desirability of removing
a group of trees which serve to add interest and variety to the proposed
subdivision in order to allow for use of the land for a lot or lots,
the Planning Board may, after proper investigation, require modification
of such lots. Where any land other than that included in public rights-of-way
is to be dedicated to the public use, the developer shall not remove
any trees from the site without written permission from the Planning
Board.
(3)
Where a subdivision is traversed by a natural lake, pond, or stream,
the boundaries or alignment of said watercourse shall be preserved
unless, in the opinion of the Planning Board, a change or realignment
will enhance the development and beauty of the subdivision or the
utilization of such features by the future residents of the subdivision.
All proposed changes in watercourse alignment shall be in accordance
with the revised New York State Stream Conservation Law.
(4)
Unique physical features, such as historic landmarks and sites, rock
outcroppings, hilltop lookouts, desirable natural contours, and similar
features, shall be preserved if possible.
(5)
The subdivider shall not be permitted to leave any surface depressions
which will collect pools of water.
(6)
The subdivider shall not be permitted to leave any hills or mounds
of dirt around the tract. All surfaces shall be restored within six
months of the time of the completion of the section of the subdivision.
F.
Floodplain.
(1)
Mapping. If any portion of the land within the subdivision is subject
to inundation or flood hazard by stormwater, such fact and portion
shall be clearly indicated on the preliminary plat and the prominent
note on each sheet of such map whereon any such portion shall be shown.
(2)
Use. Land subject to flooding, and land deemed by the Planning Board
to be otherwise 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.
H.
Modification of standards. The Planning Board may modify the specified
requirements in any individual case where, in the Board's judgment,
such modification is in the public interest or will avoid the imposition
of unnecessary individual hardship.
I.
Parks, playgrounds or open space.
(1)
Land shall be reserved for park, playground, open space, or other
recreational purposes in locations designated on the Comprehensive
Plan or elsewhere where the Planning Board deems that such reservations
would be appropriate. For a major subdivision, each reservation shall
be of an area equal to 5% of the total land within the subdivision,
but in no case shall a reservation be less than two acres. The area
to be preserved shall possess the suitable topography, general character,
and adequate road access necessary for its recreational purposes.
(2)
Where a major subdivision is too small to establish an adequate recreation
area site; where the land in a subdivision is unsuitable in character;
or where the Town Comprehensive Plan or good planning judgment would
not locate a recreation area; or in the case of a minor subdivision,
the applicant will be required to provide a cash equivalent of $50
per lot, deposited with the Town Clerk for the account of the Town
of Batavia Park, Playground and Open Space Trust Fund, to be used
for acquisition of such areas in suitable locations.
(3)
Where the Planning Board requires land to be set aside for parks,
playgrounds, or other recreational purposes, the Board shall require
that the site be graded, loamed, and seeded and may require it to
be fenced.
(4)
When area for park, playground, recreational purposes or open space
shall have been required on the subdivision plat, the approval of
said subdivision plat shall not constitute an acceptance by the Town
of such an area.
