The Planning Board, in considering an application for the subdivision
of land, shall be guided by the policy consideration specified in
this chapter, including the standards that follow.
A.Â
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.
B.Â
To the greatest extent possible, precaution shall be taken to protect
existing trees and shrubbery during the process of grading the lots
and roads.
C.Â
Unique physical features, such as historic landmarks and sites, rock
outcroppings, hilltop lookouts, desirable natural contours and similar
features, shall be preserved if possible.
D.Â
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 the watercourse alignment shall be in accordance
with the New York State Department of Environmental Conservation.
No final slope on the property shall exceed the normal angle
of repose of the soil of such slope, and, except where slope consists
of a natural rock formation, in no case shall it be greater than one
to three, unless such slope has an established grass cover and/or
is supported by a retaining wall of a design acceptable to the Board.
Soil characteristics shall be accounted in the planning of the
subdivision, and the plan shall relate to the ability of the soil
to accommodate proposed uses. Generally, wetlands and floodplains
should be set aside for recreation and open space use; steep topography
and rocky land should not be used intensely.
A.Â
Relation to topography: Streets shall be logically related and conform
insofar as possible to the original natural topography. They shall
be arranged so as to obtain as many building sites as possible at,
or slightly above, the grade of the street. The grade of the street
shall conform as closely as possible to the original topography. A
combination of steep grades and curves shall be avoided.
B.Â
Intersections.
(1)Â
Subdivisions containing 50 lots or more shall have at least two connections
with existing streets, if possible.
(2)Â
Intersections of major streets by other streets shall be at least
800 feet apart.
(3)Â
Cross (four-cornered) street intersections shall be avoided, except
at important traffic intersections.
(4)Â
A distance of at least 150 feet shall be maintained between offset
intersections.
(5)Â
Streets shall be laid out so as to intersect as nearly as possible
at right angles 90°, and no street shall intersect any other street
at an angle less than 60° Grades shall be limited to a maximum
of 1.5% for a distance of 75 feet from the center of the intersection.
(6)Â
All street intersection corners shall be rounded by curves at least
25 feet in radius at the property line and curbline. The Planning
Board may require a greater radius where deemed necessary and may
permit comparable cutoffs of chords in place of rounded corners.
(7)Â
Within the triangle area formed at corners by the intersecting street
lines, for a distance of 60 feet from the intersection and the diagonal
connecting the end points of these lines, visibility for traffic safety
shall be provided by excavating, if necessary.
(8)Â
A clear sight distance acceptable to the County Highway Department
of the New York State Department of Transportation shall be provided
in both directions of a county highway or a state highway where intersected
by a subdivision street.
(9)Â
Nothing such as fences, walls, hedges or other landscaping shall
be permitted to obstruct visibility at any intersection.
C.Â
Temporary dead-ends and street continuations: The arrangement of streets shall provide for their continuation between adjacent properties where such continuation is determined necessary for proper traffic movement, effective fire protection, efficient provision of utilities, snow removal and other services, and/or where such continuation is in accordance with the Town development plan or is otherwise considered by the Planning Board to be in the public interest, so as to help create a convenient and safe system. Alternatively, if a street continuation is not determined to be warranted by the circumstances, including severe environmental constraints, or would result in unsafe traffic conditions or otherwise jeopardize the public safety and welfare, the Planning Board may designate such street as a "permanent dead-end" to be designed in accordance with the standards in Subsection D of this section.
D.Â
Permanent dead-end roads:
(1)Â
Where a street does not extend to the boundary of a subdivision tract and its future continuation is determined by the Board not to be necessary, in accordance with Subsection C of this section, it shall be separated from such boundary by a distance not less than the minimum required lot width. The Planning Board may require the reservation of an easement extending from the end of the road to the boundary, sufficient width enough to accommodate utilities, drainage facilities and/or pedestrian traffic. A turnaround shall be provided at the end of a permanent dead-end street.
(2)Â
For greater convenience to traffic and more effective police and
fire protection, permanent dead-end streets shall be limited in length,
exclusive of the turnaround, to 1,200 feet.
(3)Â
No permanent dead-end street may be constructed that provides access
to more than 16 building lots.
(4)Â
The Planning Board may require that a permanent dead-end street in
a subdivision be designed as an internal loop system, so as to provide
efficient access to all building lots and to avoid the need to create
turnaround areas on the site.
E.Â
Road names: All roads shall be named, and such names must be approved
by the Town Board before a formal application will be accepted. Names
shall be sufficiently different in sound and in spelling from other
road names in the Town so as to not cause confusion. A road which
is a continuation of an existing road shall bear the same name. As
general policy, the use of personal names for new roads is discouraged.
Historical names are preferred, or names appropriate to the particular
development or general neighborhood.
F.Â
Location, width and improvement of roads: Roads shall be suitably located, of sufficient width and adequately improved to accommodate the prospective traffic and to afford satisfactory access to police, firefighting, snow removal or other road maintenance equipment and shall be coordinated so as to comprise a convenient system. The location, arrangement or design of roads shall be such as to cause no undue hardship to adjoining properties. Roads must meet requirements of Town Highway Superintendent, Town Code Chapter A534.
G.Â
Reserve strips: The creation of reserve strips adjacent to a proposed
road in such a manner as to deny access from adjacent property to
such road shall be permitted only at the end of a temporary cul-de-sac.
H.Â
Design standards for new roads:
(1)Â
Streets shall meet the following standards unless otherwise indicated
on the Town Plan or Official Map, if such exist. Standards are not
shown for arterial streets that are built by the state or county.
Street Classification
| ||
---|---|---|
Standards
|
Minor
|
Collector
|
Minimum width of right-of-way (feet)
|
50
|
60
|
Minimum width of pavement of roadway (feet)
|
28
|
36
|
Minimum radius of horizontal curves (feet)
|
150
|
Determined by the Board
|
Maximum grade
|
10%
|
7%
|
Minimum grade
|
1%
|
1%
|
Minimum sight distance (feet)
|
400
|
1,400
|
(2)Â
No horizontal curve shall coincide with a crest vertical curve.
A.Â
General:
(1)Â
Underground utilities required by the Planning Board shall be placed between the paved roadway and street line to simplify location and repair of the lines when they require attention. Where utilities cannot be placed between the roadway and the street line, appropriate easements shall be utilized and shall conform to § 464-30 of this Article.
(2)Â
The subdivider shall install underground service connections to the
property line of each lot before the street is paved.
(3)Â
Pad-mounted transformers for underground electric service should
be located outside the public right-of-way on private property on
an easement provided by the subdivider.
(4)Â
Sewer lines and water lines which will cross under buried electric
cables should be installed before the trench is dug for the wiring.
(5)Â
Streetlighting facilities compatible with proposed underground electric
facilities shall be provided for at the time of initial construction.
B.Â
Water supply. All subdivision shall be served with an adequate water
supply meeting the following standards:
(1)Â
Public water supply: When a proposed subdivision is located within
an existing water district or where a public water supply is available
within 1,000 feet of the proposed subdivision, the subdivider shall,
if technically feasible and practical, construct a system of water
mains tied to such system and provided a connection for each lot.
(a)Â
Plans and specification for extension of an existing system
shall be prepared by a licensed professional engineer and shall conform
to the requirements of the New York State Department of Health.
(b)Â
Suitable agreements with the water district shall be made for
design, specifications, construction, ownership and maintenance of
such distribution system and copies thereof provided to the Planning
Board for review and approval prior to final approval of the subdivision.
(c)Â
All public water supply system installations and testing thereof
shall be inspected by an appropriate agency designated by the Planning
Board, i.e., Chemung County Health Department or Elmira Water District
or their designee, before any backfilling of lines, unless the subdivider
shall have provided for full-time inspection by a licensed professional
engineer. A licensed professional engineer's certification shall be
required prior to dedication of the improvement.
(2)Â
Community water supply systems: Where it is proposed to provide water
supply to a subdivision by constructing a new or connecting to an
existing private community water supply, the subdivider shall have
plans and specifications, conforming to accepted engineering practices,
prepared by a licensed professional engineer. The system shall be
designed to furnish adequate main sizes and, where necessary, fire
hydrants located to meet the specifications of the Association of
Fire Underwriters and applicable fire district requirements. Adequate
documents providing for ownership and maintenance of such system shall
be developed and copies thereof provided to the Planning Board for
review and approved prior to final approval of the subdivision.
(a)Â
The applicant must demonstrate the ability to provide a minimum
of 150 gallons of water per capita (GPCD) or 400 gallons per day (GPD)
for each single-family residential dwelling unit or equivalent to
be serviced. Service to industrial or commercial establishments shall
meet standards established by the American Water Works Association
or insurance industry underwriting standards.
(b)Â
New community water supply wells shall be sited, drilled and
tested under the direct supervision of a licensed professional engineer
or a professional groundwater geologist and inspected by an engineer
designated by the Planning Board.
(c)Â
All community water system installations and testing thereof
shall be inspected by an appropriate agency designated by the Planning
Board, i.e., Chemung County Health Department or Elmira Water District
or their designee, before any backfilling of lines, unless the subdivider
shall have provided for full-time inspection by a licensed professional
engineer. A licensed professional engineer's certification shall be
required prior to final approval of the subdivision.
(d)Â
Performance guarantees shall accompany a final plat application
involving a community water supply system. Any such guaranty must
be provided pursuant to a written security agreement with the Town,
approved by the Town Attorney as to form and manner of execution and
by an Engineer designated by the Planning Board as to sufficiency.
(e)Â
Where a community system is to be transferred to a property
owners association (POA), the Town Board shall be satisfied that the
POA possesses the administrative and financial ability to operate
and maintain such system before the performance guarantee is released.
(3)Â
On-site water supply systems: On-site water supply systems shall
meet applicable New York State Department of Health guidelines.
C.Â
Sewage disposal systems.
(1)Â
Public sewage systems: When a proposed subdivision is located within
an existing sewer district or when a public sewage disposal system
is located within 1,000 feet of the proposed subdivision, the subdivider
shall, if technically feasible and practical, provide a system of
collection lines to connect to said system.
(a)Â
Plans and specifications for extension of an existing system
shall be prepared by a licensed professional engineer and shall conform
to the requirements of the New York State Department of Environmental
Conservation.
(b)Â
Suitable agreements with the sewer district shall be made for
design, specifications, construction, ownership, and maintenance of
such collection system and copies thereof provided to the Planning
Board for review and approval prior to final approval of the subdivision.
(c)Â
All public sewage system installations and testing thereof shall
be inspected by an appropriate agency designated by the Planning Board,
i.e., Chemung County Health Department or the Chemung County Sewer
District, before any backfilling of lines, unless the subdivider shall
have provided for full-time inspection by a licensed professional
engineer. A licensed professional engineer's certification shall be
required prior to dedication of improvements.
(2)Â
Community sewage disposal systems: Community sewage disposal systems
are required for all subdivisions where public sewage disposal systems
are unavailable and a licensed professional engineer is unable to
certify that soil conditions are suitable for on-site sewage disposal
systems meeting New York State Department of Health criteria.
(a)Â
All elements of any community sewage disposal system shall be
designed and constructed in strict accordance with New York State
department of Environmental Conservation standards, and any permits
required thereunder shall be obtained as a prerequisite to final approval
of any subdivision.
(b)Â
All community sewage disposal system installations and testing
thereof shall be inspected by an appropriate agency designated by
the Planning Board, i.e., Chemung County Health Department or the
Chemung County Sewer District, before any backfilling of lines, unless
the subdivider shall have provided for full-time inspections by a
licensed professional engineer. A licensed professional engineer's
certification shall be required prior to final approval of the subdivision.
(c)Â
Performance guarantees shall accompany a final plat application
involving a community sewage disposal system. Any such guaranty must
be proved pursuant to a written security agreement with the Town,
approved by the Town Attorney as to form and manner of execution and
by an engineer designated by the Planning Board as to sufficiency.
(d)Â
Where a community system is to be transferred to a property
owners' association (POA), the Town Board shall be satisfied that
the POA possesses the administrative and financial ability to operate
and maintain such a system before the performance guarantee is released.
(3)Â
On-site sewage disposal systems:
(a)Â
On-site sewage disposal systems may be utilized for subdivision
located outside sewer districts, provided suitable soil characteristics
are present.
(b)Â
Suitable soil characteristics may be demonstrated by either:
[1]Â
Submission of a percolation testing, performed by a licensed
professional engineer, resulting in a percolation rate of one inch
in 60 minutes; or
[2]Â
Submission of a septic system design plan, prepared by a licensed
professional engineer, meeting the requirements of the New York State
Department of Health.
A.Â
General planning: All subdivisions shall be related to the drainage
pattern affecting the areas involved, with proper provisions for adequate
storm drainage facilities. Storm drainage plans shall:
(1)Â
Reflect potential surface runoff within the drainage area after development
and also the runoff that will occur when property at higher elevation
in the basin is developed.
(2)Â
Provide a storm drainage easement or right-of-way along any watercourse,
drainage channel or stream that traverses the subdivision of a width
sufficient to accommodate runoff from developed land during a twenty-five-year
storm.
(3)Â
Place drainage facilities within existing or proposed street rights-of-way
except where topography or other conditions made such an arrangement
impractical.
(4)Â
Furnish perpetual unobstructed easements 20 feet or more in width
along rear or side lot lines where conditions preclude use of street
rights-of-way.
A.Â
General planning.
(1)Â
The length, width and shape of blocks shall be determined with due
regard to:
B.Â
Block size: Block dimensions shall generally be two lots in depth
and not more than 12 lots in length. In long blocks, the Planning
Board may require the reservation of a twenty-foot wide easement through
the block to accommodate utilities and/or pedestrian traffic.
C.Â
Irregular shapes: Irregular block shapes or oversized blocks indented
by cul-de-sacs; parking courts or loop streets and containing interior
parks or playgrounds will be acceptable when properly designed, as
determined by the Planning Board. Such blocks shall include adequate
off-street parking, facilities for pedestrian access, proper easements
for utility lines and satisfactory provision for maintenance of park
and open space, where included.
D.Â
Nonresidential blocks: Nonresidential blocks intend for commercial
or industrial use shall be of such length and width as is suitable
for their prospective use. Such blocks shall include adequate provisions
for off-street parking and servicing.
A.Â
General planning: The size, shape and arrangement of lots shall be
appropriate for the location of the subdivision and for the type of
development and use contemplated. Such lot size, shape and arrangement
shall be such that there will be no for see able difficulties, for
reasons of topography or other conditions, in locating a building
on each lot and in providing access to buildings on such lots from
an approved street.
B.Â
Lot dimensions and area: Depth and width of properties reserved or
laid out for commercial and industrial purposes shall be adequate
to provide for the off-street service and parking facilities require
by the type of use and development contemplated.
C.Â
Corner lots: Corner lots and lots adjacent to pedestrian crosswalks
shall be of sufficient width so as to provide appropriate sight distance.
Radial corners shall be provided on the property line substantially
concentric with the curb corner radius.
D.Â
Side lot lines: Side lot lines shall be substantially at right angles
or radial to street lines unless a variation from this rule will give
a better street or lot plan.
E.Â
Access: Each lot shall front on an existing public street or a proposed street to be ceded to the Town at the time of subdivision plat approval unless otherwise provided by the Planning Board in accordance with Article 1, § 464-6, of this chapter.
F.Â
Access from major streets: Lots shall not, in general, derive access
exclusively from a major street. Where driveway access from a major
street may be necessary for several adjoining lots, the Planning Board
may require that such lots be served by a combined access drive in
order to limit possible traffic hazards on such street.
G.Â
Access across a watercourse: Where a watercourse separates the buildable
area of a lot from the access street, provision shall be made for
the installation of a culvert or other structure approved by the Highway
Superintendent which shall be sufficient in size and configuration
to accommodate high water flows and to preclude development of flood
conditions immediately upstream to the point of access.
H.Â
Land in floodplain: Land subject to flooding or other menace shall
not be platted for residential or any other use where there is potential
danger to life or property or where its development will aggravate
flood conditions or other hazards. Such land should be set aside for
uses which will not be endangered by periodic or occasional inundation,
subject to the provisions of the Zoning Ordinance.
A.Â
Public sites and open spaces:
(1)Â
The Planning Board may require dedication or reservation of sites
of a character, extent and location suitable to the needs created
by the subdivision for a park or parks for playground, other recreational
purposes, or for other public use.
(2)Â
Generally, the minimum area of continuous open space acceptable for
dedication for public use shall be 10% of the gross area of the subdivision
or two acres, whichever is greater. The Planning Board may approve
open spaces with a lesser area whenever it deems that the different
between the area offered and two acres may be made up in connection
with the future subdivision of adjacent land.
(3)Â
The Planning Board shall give due credit for the provision of open
space reserved for the common use of all property owners within the
proposed subdivision by covenants in the deeds.
(4)Â
If the Planning Board determines that a suitable park or parks of
adequate size cannot be properly located in any such plat or is otherwise
not practical, the Planning Board may require, as a condition of approval
of any such plat, a payment to the Town of an amount to be determined
by the Town Board, which sum shall constitute a trust fund to be used
by the Town exclusively for the acquisition and/or development of
property for neighborhood park, playground or recreational purposes.
B.Â
School site: The Planning Board may also require a subdivider to
set aside such area as it may deem to be required for a school. Upon
the failure of the proper authorities to purchase such school site
within two years after the date of the approval of the plat, the subdivider,
upon application to the Planning Board and approval of such application,
shall be relieved of the responsibility of reserving such land for
public purposes.
C.Â
Natural and historic sites: The Planning Board may require the preservation
of all natural or historic features, which add value to residential
developments and to the community.
D.Â
Areas bordering watercourses: Areas bordering streams, lakes or other water courses shall be given special consideration by the Planning Board in excess of the minimum establishments by Subsection A above. The Town may accept these areas as gifts or purchase them should they be desirable for public open spaces.
E.Â
Realignment or widening of existing streets: Where the subdivision
borders on an existing street and the Planning Board's review indicates
that plans for realignment or widening of the street would require
reservation of some land of the subdivision, the Planning Board may
require that such areas be shown and marked on the plat "Reserved
for Street Alignment (or Widening) Purposes."
F.Â
Utility and drainage easements:
(1)Â
Where topography or other conditions are such as to make impractical
the inclusion of utility or drainage facilities within street rights-of-way,
perpetual unobstructed easements at least 20 feet in width for such
utilities shall be provided across property outside the street lines
and with satisfactory access to the street. Such easements shall be
centered on rear or side lot lines wherever possible.
(2)Â
Where a subdivision is traversed by a watercourse, drainageway, channel
or stream, the Planning Board shall require a stormwater easement
or drainage right-of-way conforming substantially to the lines of
such watercourse and such further width or construction, or both,
as will be adequate for the purpose. Parallel streets or parkways
may be required in connection therewith.
G.Â
Easements for pedestrian access: The Planning Board may require,
in order to facilitate pedestrian access from streets to schools,
parks, playgrounds or other nearby streets, perpetual unobstructed
easements at least 20 feet in width.
H.Â
Responsibility for ownership of reservations: Ownership and responsibility
for maintenance shall be clearly indicated on all reservations.
A.Â
Park and playground sites:
(1)Â
The Planning Board shall require that the plat of a proposed major
subdivision show sites of a character, size and location suitable
for the development of permanent parks.
(2)Â
Where a proposed park, playground or other permanent recreation area
is shown within the Comprehensive Plan to be located in whole or in
part in a proposed subdivision, the Planning Board shall require that
such area or areas be shown on said plat.
(3)Â
The Planning Board shall require for proposed major subdivisions
that not more than 10%, but not less than 5%, of the gross area of
the proposed subdivision be shown as park, playground or recreational
area.
(4)Â
The minimum area of contiguous open space acceptable fulfillment
of this requirement shall be generally two acres and may be made up
in connection with the subdivision of adjacent land.
(5)Â
In the event that an area to be used for permanent recreational facilities
is require to be so shown, the subdivider shall submit to the Planning
Board a suitable tracing, at a scale of not less than 30 feet to an
inch, showing the following:
B.Â
Payment in lieu of park land:
(1)Â
In cases where the Planning Board finds that due to the size, topography
or location of the subdivision, or for other reasons, land for park,
playground or other purpose cannot be located therein, or, if in the
opinion of the Planning Board it is not desirable, the Planning Board
may waive the requirement that the plat show land for such purposes.
(2)Â
The Planning Board shall then require, as a condition to approval
of the plat, a payment to the Town in an amount that shall be deemed
reasonably necessary for the acquisition of permanent recreation land
or for the construction of capital recreation improvements and/or
facilities for existing recreation land.
(3)Â
Such amount shall be paid to the Town at the time of final plat approval,
and no plat shall be signed by the authorized officer of the Planning
Board until such payment is made.
(4)Â
Such amount shall be held by the Town in a special "Town Recreation
Site Acquisition and Improvement Fund" and applied to any one or more
of the aforementioned recreation purposes.