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Town of Southport, NY
Chemung County
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Table of Contents
Table of Contents
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. 
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. 
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. 
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. 
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. 
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. 
Intersections.
(1) 
Subdivisions containing 50 lots or more shall have at least two connections with existing streets, if possible.
(2) 
Intersections of major streets by other streets shall be at least 800 feet apart.
(3) 
Cross (four-cornered) street intersections shall be avoided, except at important traffic intersections.
(4) 
A distance of at least 150 feet shall be maintained between offset intersections.
(5) 
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) 
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) 
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) 
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) 
Nothing such as fences, walls, hedges or other landscaping shall be permitted to obstruct visibility at any intersection.
C. 
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. 
Permanent dead-end roads:
(1) 
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) 
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) 
No permanent dead-end street may be constructed that provides access to more than 16 building lots.
(4) 
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. 
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. 
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. 
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. 
Design standards for new roads:
(1) 
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) 
No horizontal curve shall coincide with a crest vertical curve.
A. 
General:
(1) 
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) 
The subdivider shall install underground service connections to the property line of each lot before the street is paved.
(3) 
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) 
Sewer lines and water lines which will cross under buried electric cables should be installed before the trench is dug for the wiring.
(5) 
Streetlighting facilities compatible with proposed underground electric facilities shall be provided for at the time of initial construction.
B. 
Water supply. All subdivision shall be served with an adequate water supply meeting the following standards:
(1) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
On-site water supply systems: On-site water supply systems shall meet applicable New York State Department of Health guidelines.
C. 
Sewage disposal systems.
(1) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
On-site sewage disposal systems:
(a) 
On-site sewage disposal systems may be utilized for subdivision located outside sewer districts, provided suitable soil characteristics are present.
(b) 
Suitable soil characteristics may be demonstrated by either:
[1] 
Submission of a percolation testing, performed by a licensed professional engineer, resulting in a percolation rate of one inch in 60 minutes; or
[2] 
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. 
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) 
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) 
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) 
Place drainage facilities within existing or proposed street rights-of-way except where topography or other conditions made such an arrangement impractical.
(4) 
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. 
General planning.
(1) 
The length, width and shape of blocks shall be determined with due regard to:
(a) 
Provision of adequate building sites suitable to the special needs of the type of use contemplated.
(b) 
The need for convenient access, circulation, control and safety of street traffic.
(c) 
Limitations as well opportunities offered by topography.
(2) 
Residential lots shall conform to the provisions of the Zoning Ordinance[1] for the district in which they are located.
[1]
Editor's Note: See Ch. 525, Zoning.
B. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
Public sites and open spaces:
(1) 
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) 
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) 
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) 
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. 
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. 
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. 
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. 
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. 
Utility and drainage easements:
(1) 
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) 
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. 
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. 
Responsibility for ownership of reservations: Ownership and responsibility for maintenance shall be clearly indicated on all reservations.
A. 
Park and playground sites:
(1) 
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) 
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) 
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) 
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) 
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:
(a) 
The boundaries of said recreation area.
(b) 
Existing physical features such as brooks, ponds, trees, rock, outcrops, structures, etc.
(c) 
Existing and, if applicable, proposed changes in grades of said area and the land immediately adjacent.
B. 
Payment in lieu of park land:
(1) 
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) 
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) 
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) 
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.