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 Tusten. 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, the plans show adequate
safeguards correcting the hazards, or such hazard area or other limitation
is limited to a portion of a lot, and the remainder of the lot remains
a buildable lot, as defined herein.
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 land-locked 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. The
use of vegetative buffers along watercourses and around wetlands is
encouraged and may be required by the Planning Board. Where a subdivision
of land is on a site that contains slopes of more than 15% and the
extent of such slopes may compromise the purposes of these regulations,
the Planning Board may require larger lot sizes than the minimum standards
set forth in the Town of Tusten Zoning Law.[1]
[Amended 9-13-2022 by L.L. No. 1-2022]
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.
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 or 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 dictates
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 limiting points of access. Input
and access requirements from the agency which controls access to the
major highway shall also be sought by the Planning Board for any proposed
access to the highway.
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 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 120
feet. The cul-de-sac shall have an inside landscaped area of not more
than 60 feet in diameter. 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.
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.
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 60 feet in width. All private streets must be built
to Town specifications.
J.
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.
A.
Before the Planning Board may approve a subdivision plat containing
residential units, such subdivision plat shall also show, when required
by such Board, a park or parks suitably located for playground or
other recreational purposes.
B.
Land for park, playground or other recreational purposes shall not
be required until the Planning Board has made a finding that a proper
case exists for requiring that a park or parks be suitably located
for playgrounds or other recreational purposes within the Town. Such
finding shall include an evaluation of the present and anticipated
future needs for park and recreational facilities in the Town, including
projected population growth to which the particular subdivision plat
will contribute.
C.
Criteria for land reservation. In determining whether or not to require
the reservation of land for public park, playground or recreational
purposes, the Planning Board shall consider the following factors
in guiding the determination:
(1)
Whether suitable land exists within the proposed subdivision in terms
of its size, shape, and dimensions to reasonably accommodate a public
park, playground or other recreation use;
(2)
Whether the characteristics of the land in terms of topography, soils,
vegetative cover, hydrology and/or other natural features readily
lend themselves to development of the site for active recreation use;
(3)
Whether the site, in terms of its physical characteristics, would
provide an attractive and safe area for recreational use;
(4)
Whether the site is located such that reasonable and safe pedestrian,
bicycle and vehicular access can be provided between the site and
surrounding residential areas;
(5)
Whether the character of the proposed subdivision and that of the
surrounding area are compatible with a public park and/or recreational
use;
(6)
Whether the anticipated population of the proposed subdivision, together
with the population density of surrounding neighborhoods, is sufficient
to justify development and long-term maintenance of a public park,
playground or other recreation facility at the location;
(7)
Whether the site is located near or duplicates recreation facilities
already provided in the area, particularly those providing the same
type of recreation opportunities, including facilities located on
public school grounds;
(8)
Whether reservation of the land is consistent with recommendations
contained in the Comprehensive Plan or any other plan or policy of
the Town that references parks, recreation, or open space.
D.
Size and location. Areas for parks shall be of reasonable size for
neighborhood playgrounds or other recreational uses and, in general,
shall occupy not less than 10% of the area of the subdivision and
be at least one acre in size. The Planning Board may require the location
of such areas along the boundary of a subdivision so that additional
land may be added at such time as the adjacent property is subdivided.
Reserved parkland shall have adequate road access for the particular
purposes envisioned by the Planning Board. The area shall be shown
and marked on the final plat "Reserved for Park and/or Playground
Purposes."
E.
Ownership. The ownership of reservations for park purposes shall
be clearly indicated on the plat and established in a manner satisfactory
to the Planning Board and Town Attorney so as to assure their proper
future continuation and maintenance.
F.
Cash in lieu of parkland. In the event the Planning Board makes a
finding pursuant to procedures and requirements of this section that
the proposed subdivision plat presents a proper case for requiring
a park or parks suitably located for playgrounds or other recreational
purposes, but that a suitable park or parks of adequate size to meet
the requirement cannot be properly located on such subdivision plat,
the Planning Board may require a sum of money in lieu thereof in an
amount to be established by the Town Board. In making such determination
of suitability, the Planning Board shall assess the size and suitability
of lands shown on the subdivision plat which could be possible locations
for park or recreational facilities, as well as practical factors
including whether there is a need for additional facilities in the
immediate neighborhood. Any monies required by the Planning Board
in lieu of land for park, playground or other recreational purposes,
pursuant to the provisions of this section, shall be deposited into
a trust fund to be used by the Town exclusively for park, playground
or other recreational purposes, including the acquisition of property.
Fees in lieu of parkland in subdivisions pursuant to this section
must be paid prior to any final approval.
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 the 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 and clearly marked on the plat.
A.
All residential lots shall contain suitable areas for on-site sewage
disposal systems. 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 the
DEC shall be required prior to final plat approval.
B.
On-site systems shall be provided in accordance with criteria set
forth by the New York 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.
C.
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 as
set forth in the New York State Stormwater Management Design Manual
and complying with the following standards. Where such standards conflict,
the higher standard shall apply.
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 pre-development
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 drainage courses 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
adjacent 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
a buffer zone 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. Such buffer zone
shall be marked as a "no-build" area on the plat.
(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.
(9)
All proposed surface drainage structures shall be indicated on the
preliminary plan.
(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 pre-development 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 lot
in an approved subdivision shall have access to a public street or
a private street that meets the Town's road specifications.
(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 shall be installed 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 obscure 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 a bridge (existing, proposed, public, or private) is involved
within any subdivision, the Town Engineer or other duly qualified
individual shall determine if such bridge is capable of accommodating
emergency vehicles, school buses, or other vehicles or equipment that
will or may use the bridge to access the site. All specifications,
inspection results, or other necessary information for making the
determination shall be provided to the Planning Board and shall be
the responsibility of the subdivision applicant.
B.
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
|
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)
|
|
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.
|
C.
Cross-section. The cross-section gradients of streets shall be not
less than 2%.
D.
Minimum vertical and horizontal visibility (measured 3.5 feet eye
level to tail lights 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
|
300
|
|
Streets shorter than 500 feet
|
150
|
E.
The minimum right-of-way widths for streets are as follows:
|
Type of Street or Way
|
Minimum Right-of-Way Width
(feet)
|
|---|---|
|
Major streets
|
60
|
|
Collector streets
|
60
|
|
Minor streets
|
50
|
|
Alleys
|
25
|
|
Private drives
|
(See § 241-27Q.)
|
F.
All newly constructed dead-end roads shall be culs-de-sac and include
a turnabout area with a one-hundred-twenty-foot-diameter right-of-way
and a sixty-foot-diameter traveled portion shall be provided.
G.
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, side slopes 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 six 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.
H.
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:
I.
The pavement shall be constructed in accordance with the following:
(1)
Road section. Cut and fill slopes in earth shall be not less than
1 on 2. Subbase, at least 30 feet in width, shall consist of a bottom
course of at least 12 inches of R.O.B. gravel and a top course of
at least six inches of well-graded R.O.B. gravel or washed gravel
with no particles of material larger than two inches in diameter.
The subbase shall be crowned, shaped to a smooth grade and well compacted.
(2)
Base course. The base course shall be 12 inches thick, 30 feet wide
and will consist of either eight inches of shale (shale to be approved
by Highway Superintendent) with four inches of processed gravel (two-inch
maximum stones) on top or bank-run gravel with maximum stone size
of six inches. Upon installation of the base, 5/10 of a gallon of
MC 30 road oil per square yard shall be applied. Gravel base with
MC 30 coating shall be allowed to settle for at least one year before
pavement is put on.
(3)
Pavement. Pavement shall be two inches thick (compacted), of sufficient
width to meet standards provided in this chapter, and consist of one
of the following:
(a)
A penetration pavement consisting of two inches of No. 2 crushed
stone coated with at least one gallon per square yard of MC 3000 road
oil and blotted with No. 1 crushed stone. Surface is to be coated
with 4/10 of a gallon per square yard of MC 3000 road oil and blotted
with sufficient No. 1S crushed stone to prevent bleeding.
(b)
A cold-mix pavement consisting of No. 2 stone mixed with latex
MP emulsion at 13 gallons 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 4/10 gallon per square yard, No. 1S stone at
12 pounds per square yard.
(c)
An asphaltic concrete pavement consisting of one two-inch course
of dense binder and sealed with RS-2 emulsion at 4/10 gallon per square
yard and No. 1S or 1A stone at 12 pounds per square yard.
(4)
Design and construction of drainage structures.
(a)
All drainage facilities with waterway area of 25 square feet
or less shall be designed to accommodate run off for a storm of five-year
frequency.
(b)
Drainage structures with a waterway area over 25 square feet
will be designed by a professional engineer and shall be capable of
carrying the runoff from a storm of ten-year frequency.
(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 side slopes 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 rip-rapped construction
of the banks beyond the head walls. The amount of rip-rap required
shall be determined by the Town Highway Superintendent.
J.
In commercial 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.
K.
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.
L.
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.
M.
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. 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
Planning Board approval.
N.
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.
O.
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.
P.
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 Tusten shall
be altered or connected onto without first obtaining a permit from
the Town of Tusten Highway Superintendent.
Q.
Individual driveways serving only one single family each shall not
be subject to street improvement requirements of this chapter or the
Town road specifications. In addition, 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:
|
Standard
|
Specification
(feet)
|
|---|---|
|
Minimum right-of-way
|
25
|
|
Minimum pavement width
|
16
|
|
Minimum shoulder width
|
3
|
|
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 private drive such that eventually more than three 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. See also § 241-27H.
|
R.
Nothing contained herein shall be construed in any way to require
the Town of Tusten to accept dedication of any street. These regulations
are 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 Road Law. Any conflicts in standards of these two sets
of regulations shall, in such instances, be resolved in favor of the
Road Law specifications.
The Town of Tusten Planning Board is authorized, pursuant to
§ 278 of the Town Law, to modify applicable provisions of
the Town of Tusten Zoning Law[1] and these subdivision regulations so as to accommodate
conservation subdivision projects. Conservation subdivisions offer
flexibility in design, facilitate the economical provision of streets
and utilities and preserve open space. Conservation subdivisions shall
be processed pursuant to subdivision plat approval procedures and
the provisions of Article VII of the Town of Tusten Zoning Law.
