A.Â
Compliance with minimum standards. In the layout, development, and improvement of a subdivision, the developer shall comply with all standards, specifications, codes, local laws and ordinances of the Town. In addition, the developer shall meet, at a minimum, the standards of design and principles of land subdivision, as described in this article. If the Planning Board finds that because of unusual features or special conditions of the area to be subdivided or its immediate environs, the minimum standards referred to herein are insufficient to effectuate the purposes and intent outlined in Article I, the Planning Board may impose such higher standards as will satisfy the purposes of Article I.
B.Â
Flood land. 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 involve danger to the health, life,
or property, or aggravate the flood hazard, but such land within the
area of the plan shall be set aside for such uses as shall not be
endangered by periodic or occasional inundation.
C.Â
Conformity to Official Map and Comprehensive Plan. Subdivisions shall
conform to the Official Map of the Town and be in harmony with the
then current Comprehensive Plan.
D.Â
Natural features. Natural features of the land to be developed shall
be shown on plats as directed by the Planning Board. Natural features
shall be protected and maintained during development, as feasible.
Natural features include, but are not limited to, large trees, groves,
rock outcroppings, streams, and wetlands.
E.Â
Multiple driveway cuts. Multiple driveway cuts onto an existing road
may not be approved if the parcel of land has enough developable space
to support an internal road.
F.Â
Site runoff. In all proposed developments, the peak runoff flow rate
of the discharge from a proposed site after development shall not
exceed the peak runoff flow rate that prevailed prior to development.
In general, this requirement will necessitate the design and construction
of detention/retention facilities of various types. The design frequency
shall be in accordance with the then current NYSDEC SPDES stormwater
regulations and requirements, and such other requirements as the Planning
Board may determine.
All streets located within the Town that are offered to the
Town for dedication and acceptance shall comply with the design standards
and construction specifications and other requirements for streets
most recently approved by resolution of the Town Board, and in accordance
with this chapter.
A.Â
A preliminary meeting shall be held by the prospective dedicator
of a street with the Highway Superintendent and Town Engineer to review
the requirements of the proposed street(s).
B.Â
Prior to the start of construction, two sets of plans shall be submitted
to the Town for review and approval by the Town Engineer and the Planning
Board, and eventually by the Town Board. The plans shall be signed
and sealed by a professional engineer, licensed in the State of New
York.
C.Â
The plans shall include, at a minimum, the following information:
site plan, horizontal and vertical alignments, grading and drainage,
typical sections, erosion control and other necessary information
required for construction, as determined by the Town Engineer, Planning
Board or Town Board.
A.Â
The subdivider shall notify the Town Engineer at least 10 days prior
to the start of work. Construction shall not commence until the plans
have been approved, in writing, by the Town Engineer.
B.Â
No work requiring excavation, filling, cutting of pavement, drainage
improvements or installation or maintenance of pipelines or utilities
will be permitted within the right-of-way of any Town road without
the prior issuance of a permit. Individuals, corporations or other
entities seeking such a permit shall make application upon such forms
as provided by or acceptable to the Town Highway Superintendent. The
application shall include plans detailing the proposed work.
All construction materials and workmanship shall be as shown
on the approved plans, and in accordance with the current New York
State Department of Transportation (NYSDOT) Standard Specifications
for Construction and Materials and Addendums, unless those requirements
have been amended by resolution of the Town Board, in which event
the requirements most recently approved by resolution of the Town
Board shall control. References to the Department or Engineer in the
NYSDOT specifications shall be understood to mean the Town and the
Town Engineer, respectively. All materials shall be obtained from
NYSDOT approved sources or sources approved, in writing, by the Town
Engineer.
A.Â
Inspection of the work will be performed periodically by the Town
Code Enforcement Officer and/or Town Engineer throughout construction,
either of whom, on behalf of the Town, may reject any and all materials
or workmanship that does not meet the approved plans and specifications.
The subdivider shall be responsible for survey and stakeout of all
roads and facilities, in accordance with the approved plans and specifications.
B.Â
In addition to the requirements of § 205-31, the subdivider shall notify the Town Engineer at least two days prior to placing subbase and/or asphalt materials. These materials shall not be placed until prior work has been inspected and approved by the Town Engineer.
C.Â
Upon substantial completion of the work, the Town Engineer will perform
an inspection and prepare a check list of items requiring further
attention by the subdivider. A final inspection will be made after
these items of work have been completed.
Upon completion of the work, as evidenced by the written statement from the Town Engineer to the Town to that effect, the subdivider shall submit to the Town Engineer one reproducible set and three paper sets of record drawings showing the as-constructed road. Information to be included shall contain at a minimum road center-line elevations, drainage pipe inverts, catch basin inverts and grade elevations, underdrain locations and all field modifications made to the approved plans during construction. If the road is part of a new subdivision, these drawings shall be in addition to those required by Article III of this chapter.
No road offered for dedication will be accepted as a Town road
unless the road conforms to all of the following requirements:
A.Â
The following conditions shall apply for acceptance of roads.
(1)Â
All applications for dedication of a road shall be made to the Town
in writing and presented to the Town Clerk.
(2)Â
If a subdivision is involved, all of the requirements of this chapter
shall be complied with.
(3)Â
The subdivider shall have had the land to be dedicated surveyed and mapped by a surveyor in accordance with the requirements of Subsection A(4)(e), and after the survey approved by the Town Board, it shall be filed in the in the Town Clerk's Office.
(4)Â
The subdivider shall, at its sole cost and expense, tender to the
Town Attorney, at least 10 days prior to the then upcoming Town Board
meeting:
(a)Â
The originals of all deeds and easements, properly signed and
acknowledged in recordable form;
(b)Â
Any necessary subordination or other agreements so as to convey
an unencumbered interest in the proposed roads and easement areas
to the Town, properly signed and acknowledged in recordable form;
(c)Â
A completed real property transfer gains tax affidavit (Form
TP-584 or acceptable substitute) signed by the subdivider;
(d)Â
A completed real property transfer report, signed by the subdivider;
(e)Â
Three originals of an "as-built survey" showing: (i) the edge
of pavement of any roads; (ii) the boundaries of the lands described
in the deed and/or easement; (iii) the location of the facilities
(e.g., drainage, sidewalks, etc.) to be conveyed to the Town; (iv)
all easements effecting the lands so described (by location on the
survey and by book and page of recording); and (v) such other information
as the Town Board may require. The survey shall be an ALTA survey
(all options, unless previously waived by resolution of the Town Board),
and, if a subdivision is involved, three original prints of the final
plat to be filed, all certified (an ALTA certification is required)
to by the surveyor to the Town;
(f)Â
A policy of title insurance, in an amount equal to the value
of the lands and improvements located thereon and satisfactory to
the Town Board, naming the Town of Marcellus as insured and insuring
all of the property interests conveyed;
(g)Â
An original abstract of title, current to the date of recording
of the deed(s) and/or easement(s), covering the lands the subdivider
intends to convey to the Town a fee title or easement interest. The
owner shall pay all recording fees; and
(h)Â
The written approval of the engineer, as to adequacy and compliance
for the infrastructure improvements located within the areas described
in the deed or easement.
(5)Â
The subdivider shall provide a maintenance bond for the value of
the completed road construction in the amount fixed by resolution
of the Town Board. The bond shall be conditioned for the faithful
performance by the subdivider of any repairs needed to correct or
replace any and all damage to the road(s) from the time of acceptance
by the Town Board to the time of completion of the last building lot
on the road(s), but in no case shorter than one year.
(6)Â
Prior to the Town's acceptance, the written approval shall be obtained
and shall be filed with the Town Clerk, by the subdivider from the
Onondaga County Department of Transportation regarding drainage and
access where proposed Town roads intersect county roads.
(7)Â
Prior to acceptance by the Town, approval shall be obtained and shall
be filed with the Town Clerk, by the subdivider from the New York
State Department of Transportation regarding drainage and access where
proposed Town roads intersect state roads.
(8)Â
Permanent signs, including street names, stop and yield signs, and
any other signs required by the New York State Manual of Uniform Traffic
Control Devices (MUTCD), or by the Town, shall be provided by the
subdivider and installed in accordance with the MUTCD, the approved
final plat and site plan, if any. Street name signs showing approved
street names shall be acceptable to the Town Highway Superintendent
and placed at all intersections.
B.Â
For those roads that are partially completed and for which a performance
bond is furnished to assure completion as required by this chapter,
a maintenance bond shall also be furnished for the value of the completed
portion of road in the amount and for the period as fixed by resolution
of the Town Board. A road will not be considered for dedication or
acceptance until at least the binder course of pavement is installed,
and approved, in writing, by the Town Engineer.
The following road classifications shall be utilized for all
new development in the Town of Marcellus. The arrangement, character,
extent, width, grade and location of all roads shall conform to the
Town's Comprehensive Plan and the Town specifications and other requirements
for roads, most recently approved by the resolution of the Town Board,
and shall be considered in relation to existing and planned roads,
topographic conditions, public convenience and safety and to proposed
land uses to be served by such roads. The Planning Board shall determine,
in its sole discretion, the road classification for each proposed
road.
A.Â
Arterial roads or major roads. Designed for the efficient movement
of through traffic at speeds which are as high as can be safely and
reasonably allowed. Access to abutting properties is generally restricted
with provisions at major traffic generators such as commercial or
high-density housing provided.
B.Â
Collector roads. Designed to provide access to abutting properties,
and also to enable moderate quantities of traffic to move expeditiously
between local streets and the arterial road network.
C.Â
Minor or local streets and cul-de-sac. Designed to provide access
to immediately adjacent properties. Through movements are generally
discouraged by operational controls, such as controlled intersections,
geometric restrictions, signs, etc.
D.Â
Major collector or minor arterials are designed for efficient movement
of traffic within a large development or between major points in both
urban and rural areas. Access to abutting properties is generally
restricted with provisions at major traffic generators such as commercial
or high-density housing provided.
A.Â
Street system:
(1)Â
Location and construction. Streets shall be of suitable arrangement,
character, extent, width, grade, location, and construction to conform
to the Town's Comprehensive Plan and Town specifications and requirements
most recently approved by resolution of the Town Board, and shall
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, shall be appropriate in relation to the proposed uses
of the land to be served by such streets, and shall be coordinated
so as to compose a convenient system.
(2)Â
Arrangement. Local streets in a new development shall be so laid
out as to discourage through traffic, but the provision for the extension
and continuation of major streets into and from adjoining areas (for
example, temporary hammerheads) is required. At all times, the street
layout should be logically related to the topography of the land.
(3)Â
Special treatment along major streets. When a subdivision abuts or
contains an existing or proposed arterial, major collector or minor
arterial, the Planning Board may require marginal access streets,
reverse frontage with screen planting (minimum width 10 feet) contained
in a non-access reservation along the rear property line, special
setback requirements, extra deep lots, or such other treatment as
may be necessary for adequate protection of residential properties
and to afford separation of through and local traffic.
(4)Â
Provision for future resubdivision. If the lots resulting from the
original development are large enough for resubdivision, or if a portion
of the tract is not subdivided, suitable access and street opening
for such an eventuality shall be provided. Resubdivision of any lot
in an approved subdivision shall not be permitted within a minimum
five-year period from the date of approval of the original subdivision.
(5)Â
Culs-de-sac. Culs-de-sac in the local street system shall not exceed
500 feet in length and must have a turnaround having an outside roadway
diameter of at least 100 feet, and a street property line diameter
of at least 120 feet. The creation of dead-end or loop residential
streets should only be permitted where the Planning Board finds that
such development will not interfere with normal traffic circulation
in the area.
(6)Â
Intersections with local streets and collectors. Where the center
lines of local streets opening into opposite sides of a collector
street are within 200 feet of each other, they shall be made to coincide
by curving, angling, or redesigning the local streets.
(7)Â
Intersections with collector or major arterial roads. Minor or local
street openings into such roads shall, in general, be at least 1,000
feet apart.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(8)Â
Reserve strips. Reserve strips of land controlling access to streets
or the orderly extension of streets for the development of adjacent
property shall be prohibited, except where their control is definitely
placed with the Town Board under conditions approved by the Planning
Board.
B.Â
Street design.
(1)Â
Street right-of-way widths shall be as shown on the Official Map
and/or Comprehensive Plan of the Town, and where not shown therein,
shall conform to the specifications and other requirements for street
width most recently approved by resolution of the Town Board. For
specifications and requirements other than width, streets shall conform
to the specifications and other requirements for streets most recently
approved by resolution of the Town Board.
(2)Â
Additional widths may be required by the Planning Board upon findings
that the same are required for:
(3)Â
Street alignment, street grades, street intersections, drainage standards,
(e.g., pipe, structures, underdrainage and other drainage standards
and requirements) for streets and drainage facilities shall conform
to the specifications and requirements for streets and for drainage
facilities, most recently approved by resolution of the Town Board.
C.Â
Drainage facilities. All drainage pipe and appurtenant drainage structures
(such as catch basins, man holes, culvert sizing, catch basin spacing
and types, ditch sizing, underdrains, etc.) shall comply with the
specifications and the other requirements for drainage pipe and appurtenant
drainage structures most recently approved by resolution of the Town
Board.
A.Â
All excavation and embankment work shall be performed in accordance
with Section 203 of NYSDOT's Standard Specifications. Soils, rock
and other material removed shall be utilized or disposed of in accordance
with the approved plans. Embankment placement operations shall not
be performed from November 1 to April 1, unless approved, in advance,
in writing, by the Town Engineer.
B.Â
Prior to commencement of excavation or placement of embankment, all
erosion control and temporary drainage facilities shall be in place
and operable. The area shall be stripped to remove all topsoil, roots,
organic matter, rubbish or other deleterious materials. Usable topsoil
shall be stockpiled outside of the limits of work.
C.Â
Trench and culvert excavation shall be performed in accordance with
Section 206 of NYSDOT's Standard Specifications and shall consist
of the excavation of materials and backfill or disposal of excavated
materials required for culverts, pipes and other minor structures
including, but not limited to, catch basins, manholes, inlets, etc.
A.Â
Prior to placement of subbase material, the road subgrade shall be
brought to the true line and grade, as shown on the approved plans
and cross sections. The subgrade shall be proof-rolled with a smooth
steel-wheeled roller weighing not less than 10 tons (or other equipment,
as approved, in writing, by the Town Engineer), and shall be witnessed
and approved by the Town Engineer. Depressions and soft areas shall
be filled with suitable materials and compacted.
B.Â
After approval of the subgrade, fabric material (Mirafi 500X) or
an alternate approved, in writing, by the Town Engineer, shall be
placed on the subgrade surface for the full width of the proposed
pavement. Placement shall be in accordance with the manufacturer's
recommendations.
A.Â
Subbase materials shall be furnished, placed and compacted in conformity
with the lines, grades and thicknesses most recently approved by resolution
of the Town Board and as indicated on the approved plans, and in accordance
with Section 304 of NYSDOT's Standard Specifications. The type, source,
gradation and material characteristics shall be approved, in writing,
by the Town Engineer prior to placement of the materials.
B.Â
Compaction and testing shall be performed in accordance with Section
203 of NYSDOT's Standard Specifications. Prior to placement of asphalt
material, the road subbase shall be brought to the true line and grade,
as shown on the approved plans and cross sections. The subbase shall
be proof-rolled with a smooth steel-wheeled roller weighing not less
than 10 tons (or other equipment as approved, in writing, by the Town
Engineer), and shall be witnessed and approved by the Town Engineer.
All construction activities shall be conducted in a manner to
ensure satisfactory drainage at all times. Existing culverts and drainage
systems shall be maintained in satisfactory operating condition throughout
the course of work or until new drainage facilities are operational.
If it becomes necessary to interrupt existing surface drainage prior
to completion of the new facilities, temporary drainage shall be provided,
subject to the prior written approval of the Town Engineer.
A.Â
Bituminous pavement materials shall be furnished, placed and compacted
in conformity with the lines, grades and thicknesses and other requirements
for those items, most recently approved by resolution of the Town
Board and as indicated on the approved project plans, and in accordance
with Section 400 of NYSDOT's Standard Specifications.
B.Â
Asphalt concrete top course shall be placed only during the period
May 1 to October 15, unless approved, in advance, in writing by the
Town Engineer. In areas of new development, the top course shall not
be placed until a minimum 75% of the proposed development is complete,
unless approved in advance, in writing, by the Town Engineer.
C.Â
The Town reserves the right to have pavement cores taken on all new
road construction, the cost of which shall be borne by the subdivider.
Where new construction is being performed in areas of existing
homes and/or businesses, continuous access to and from driveways shall
be provided, and the traveled way shall be adequately signed and barricaded
to protect the traveling public.
A.Â
Blocks.
(1)Â
The lengths, widths, and shapes of blocks shall be determined with
due regard to:
(2)Â
All blocks in a subdivision should have a minimum length of at least
500 feet with a maximum length of 1,200 feet. Any block containing
individual lots shall be at least two lot depths in width. Modifications
of the above requirements are possible in commercial and industrial
developments.
(3)Â
In large blocks with interior parks, in exceptionally long blocks,
or where access to a shopping center, transportation, playground,
school or other community facility is necessary, a crosswalk with
a minimum right-of-way of 12 feet and a paved walk six feet in width
shall be provided.
B.Â
Lots.
(1)Â
The lot size, width, depth, shape, and orientation, and the minimum building setback lines shall comply with Chapter 235, Zoning, and shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
(2)Â
Lot dimensions shall conform to the requirements of Chapter 235, Zoning, for the zone in which located.
(3)Â
Corner lots shall be 1Â 1/2 times as wide as the average of non-corner
lots in the subdivision.
(4)Â
Lot depth should not exceed three times lot width.
(5)Â
Driveway grades between the streets and the setback line should not
exceed 10%.
(6)Â
Lots shall be of such usable area (size, dimension, slope, shape,
and proportion) that variances will not be required to construct reasonable-sized
future improvements, including but not limited to additions, decks,
garages, pools, and outbuildings.
(7)Â
Lots fronting on culs-de-sac shall have a minimum 60 feet lot width.
The minimum building setback shall be controlled by the provisions of Chapter 235, Zoning.
A.Â
Where sanitary sewer, storm sewer, water, gas, electrical, streetlighting,
or other public utility facilities are to be located within a street,
their location and installation shall be constructed so that they
may be added to, repaired, or enlarged at minimum cost.
B.Â
If easements are used at the rear of lots to provide such facilities,
an easement to the Town shall be required and shall have a minimum
width of at least 20 feet (where lots back up to each other, this
would require a ten-foot easement from each lot).