A.
Improvements and letter of credit. Prior to an action by the Planning
Board approving a final plat, the applicant shall be required to complete
the design of street, sanitary and other improvements specified in
the action approving the plat. Applicant will then file with the Town
Board a letter of credit, in an amount estimated by the Town Engineer
with approval of the Town Attorney, to secure to the Town the satisfactory
construction and installation of the incomplete portion of the required
improvements. The letter of credit shall comply with the requirements
of § 277 of the Town Law and shall be satisfactory to the
Town Board as to form, sufficiency and manner of execution. The letter
of credit shall provide that an amount determined adequate by the
Town Engineer with the approval of the Town Attorney shall be retained
for a period of one year after the date of completion of the required
improvements to assure their satisfactory condition. All required
improvements shall be made by the applicant at his expense without
reimbursement by the Town or any district therein, unless alternatively
provided for in accord with provisions of Subdivision 10(a) of Town
Law § 277. Said improvements shall include the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Streets and streetlighting facilities.
(2)
Street signs.
(3)
Gutters.
(4)
Grass curb strips.
(5)
Sidewalks.
(6)
Street shade trees.
(7)
Monuments.
(8)
Stormwater runoff system.
(9)
Sanitary sewage collection system, or approved alternate, such as
septic tanks.
(10)
Water supply system, if water is available.
(11)
Park and recreation facilities.
(12)
Electrical, gas, telephone and utility lines.
(13)
Plantings and ground cover.
B.
Inspection of improvements. The Town shall employ an inspector to
act as agent of the Planning Board for the purpose of assuring the
satisfactory completion of improvements required by the Planning Board
and shall determine an amount sufficient to defray costs of inspection.
The applicant shall pay the Town costs of inspection before any certificates
of occupancy, dedications, and/or transfer of title. If the Planning
Board or its agent finds, upon inspection, that any of the required
improvements have not been constructed in accordance with Planning
Board recommendations or the approved construction detail sheets,
the applicant and the bonding company will be severally and jointly
liable for the costs of completing the said improvements according
to specifications.
C.
Offers of cession and release - park space, streets, etc.
(1)
The plat shall be endorsed with the necessary agreements in connection
with required easements or releases. Offers of cession to the Town
shall be presented prior to plat approval.
(2)
Formal offers of cession to the public of all streets, highways,
or parks not marked with such notation on the plat shall be filed
with the Planning Board prior to the approval of the plat by the Planning
Board. In the event that the owner or his agent shall elect not to
file his plat prior to the expiration date of the validity of such
approval provided in this article and § 276 of the New York
State Town Law, then such formal offers of cession shall be deemed
to be invalid, void and of no effect on and after such expiration
date.
D.
Noncession.
(1)
Streets, highways, and parks not to be offered for cession to the
Town shall be clearly noted on the plat and filed with the Planning
Board prior to plat approval process. Failure to note "noncession"
on the plat of streets, highways and parks shall constitute a continuing
offer of dedication of streets, highways and parks to the public.
If the owner of the land, or his agent, does not add, as part of the
plat, a notation to the effect that no offer of dedication is to be
made to the public, then the filing of the plat in the office of the
County Clerk shall constitute a continuing offer of dedication. This
said offer of dedication may be accepted by the Town Board at anytime
prior to revocation of said offer by the owner of the land, or his
agent.
(2)
Every street shown on a plat that is recorded in the Ontario County
Clerk's Office shall be deemed to be a private street(s)/road(s) until
such time as it has been formally offered for cession to the public
and formally accepted as a public street by resolution of the Town
Board, or, alternatively, until it has been condemned by the Town
for use as a public street/road.
(3)
Before final approval of the final plat, the Planning Board will
require a certificate of approval from the Town Attorney as to the
legal sufficiency of the offers of cession by the subdivider of the
areas for public use, such as parks, streets, playgrounds and other
areas.
The approval by the Planning Board of a final plat shall not
be deemed to constitute or imply the acceptance by the Town of any
street, park, playground or other open space shown on said plat. The
Planning Board may require said plat to be endorsed with appropriate
notes to this effect. If the Town 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 Town Board may require, upon
condition of approval of the plat, a payment to the Town of a sum
to be determined by the Town Board. Said sum shall constitute a trust
fund to be used by the Town Board exclusively for neighborhood park,
playground or recreation purposes, including the acquisition of property.
The Planning Board may require the filing of a written agreement between
the applicant and the Town Board covering future title, dedication
and provision for the cost of grading, development, equipment and
maintenance of any park or playground area, as well as a written agreement
covering the maintenance and plowing of all streets within the subdivision
until such time as they are accepted for public maintenance by the
Town Board.
The Town of Bristol Design Criteria and Construction Specifications
for Land Development[1] are adopted herein by reference and shall establish the
standard for subdivision design and construction. Strict application
of these standards may be waived by the Planning Board for good cause
shown.
A.
Streets. The following regulations shall govern the layout of streets:
(1)
Subdivisions shall be so designed as to provide a street pattern
which is curvilinear in design, or any other design approved by the
Planning Board. The design of the street pattern shall be based upon
a local residential or minor street pattern connected to a residential
collector street system.
(2)
The arrangement of streets in new subdivisions shall make provision
for the continuation of existing streets in adjoining areas.
(3)
Local residential streets shall be designed so as to discourage through
traffic.
(4)
All right-of-way street widths and street pavements shall be established
according to the Town of Bristol Design Criteria and Construction
Specifications.
(5)
Wherever possible, streets should intersect at right angles and not
intersect at angles of less than 75° unless approved by the Planning
Board.
(6)
The grades of streets shall be in accordance with the Town of Bristol
Design Criteria and Construction Specifications and such grades as
submitted on the final plat shall be approved by the Town Engineer
prior to final approval by the Planning Board.
(7)
All proposed subdivisions shall be designed to provide access to
adjacent residential properties. When a proposed subdivision abuts
an existing subdivision, the subdivider shall make every attempt to
design the street system of the proposed subdivision to connect with
dead-end or "stub" streets of the existing subdivision.
(8)
The following standards shall apply to cul-de-sac streets:
(a)
A cul-de-sac should be located, if possible, so that its runoff
will drain towards its entrance.
(b)
Unless there is the expectation of extending the street through
to the adjoining property, a cul-de-sac street should never be brought
to the property boundary line, but should be placed so that the lots
can back up to the property line of the subdivision.
(c)
No cul-de-sac shall be more than six times the minimum lot width
for the zoning district in length.
(d)
All culs-de-sac shall have a turnaround at the end of the street
which shall have a right-of-way radius of 92.5 feet.
(9)
If a dead-end street is of a temporary nature, a similar turnaround
shall be provided and provisions made for future extension of the
street through to adjacent property and reversion of the excess right-of-way
to the adjoining properties.
(10)
New half or partial streets shall not be permitted, except that,
wherever a proposed subdivision borders a half or partial street,
the Planning Board may require that the other part of the street be
platted in the proposed tract if it is found that such a requirement
would increase the effectiveness of the circulation system in the
area.
(11)
Multiple intersections involving a junction of more than two
streets shall be prohibited.
(12)
Local residential streets and residential collector streets
shall not intersect with arterial streets less than 800 feet apart,
measured from center line to center line.
(13)
The minimum distance between center line offsets at street jogs
shall be 150 feet.
(14)
No street shall have a name which will duplicate or so nearly
duplicate as to be confused with the names of existing streets. The
continuation of an existing street shall have the same name.
(15)
The minimum radius of horizontal curve, minimum length of vertical
curves, and minimum length of tangents between reverse curves shall
be in accordance with the Town of Bristol Design Criteria and Constructions
Specifications.[2] These items shall be approved by the Town Engineer prior
to final approval of the final plat of the Planning Board.
(16)
The Highway Superintendent and/or the Town Engineer shall approve
highway plans, including roadsides, in writing and shall have the
right to inspect during construction.
B.
Access considerations - road design.
(1)
Street systems shall be designed with due regard to the needs for
convenient traffic access and circulation; traffic control and safety;
access for firefighting, snow removal, and street maintenance equipment;
and stormwater drainage. Streets shall be designed to accommodate
the prospective traffic, and so arranged as to separate through traffic
from neighborhood traffic insofar as practical.
(2)
Where a site is not directly served by a roadway or where an existing
roadway is inadequate to accommodate the project, construction or
improvement of roads not directly adjacent to the proposed project
may be required of the applicant by the Town in order to provide sufficient
access. The quantity of improvements required shall be based on the
needs of the project. Sufficiency shall be determined by the Town
of Bristol Design Criteria and Construction Specifications.[3]
(3)
Where a subdivision abuts on or contains an existing or proposed
arterial street or other existing Town, county, or state highway,
the Planning Board may require necessary realignment and widening
of the right-of-way in accordance with county, Town or state standards
and to the satisfaction of the Town Engineer. Frontage roads or parallel
access roads may be required to eliminate direct access to arterial
roads.
(4)
Where a tract is subdivided into lots substantially larger than the
minimum size required in that zoning district, the Planning Board
may require that streets and lots be laid out so as to permit possible
future resubdivision in accordance with the requirements contained
in this Part 2.
(5)
Subdivisions shall be connected to a constructed and maintained road
in at least two places wherever practical or appropriate.
(6)
Where a subdivision contains or abuts an existing or proposed railroad
right-of-way, utility easement or controlled access highway, the Planning
Board may require a street approximately parallel to and on either
side of such right-of-way, at a distance suitable for the appropriate
use of the intervening lands. Appropriate uses to consider are parkland
within residential districts or for business, commercial, or industrial
purpose in appropriate zoning districts. Such distances shall also
be determined with due regard for the requirements of approach grades
and future grade separation.
(7)
Reserve strips shall be prohibited, except where controlled by the
Town. However, the Planning Board may require the reservation of an
easement 20 feet wide for pedestrian traffic or utilities.
(8)
Where a street does not extend to the boundary of the subdivision and its continuation is not needed for access to adjoining property, it shall be separated from such boundary by a distance sufficient to accommodate a lot meeting the requirements of Chapter 350, Zoning.
(9)
Driveway access location and grades shall be such that exiting and entering vehicles pose no threat to vehicles on the roadway. Adequate sight distance must comply with the AASHTO Sight Distance Table.(Refer to § 300-27.)
(10)
Driveways shall be designed such that emergency vehicles can
access the building site, in accord with standards established in
the Uniform Fire Prevention and Building Code. The chief of the local
fire district serving the building site and the Building Code Enforcement
Officer, with the advice, if desired, of the Town Engineer, shall
be responsible for recommending to the Planning Board on the sufficiency
of access in accord with this section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Private drives.
(1)
Private drives for more than one residence are not normally allowed
in the Town of Bristol. In the event one should be permitted, the
following standards shall apply.
(2)
The Planning Board will review all proposed private drives in relation
to access, ability to support traffic loads, traffic circulation,
drainage and maintenance. All approved private drives shall be named
and marked with an approved sign for adequate identification for emergency
and fire situations. The conditions and standards for private drives
are as follows:
(b)
A private drive may serve a maximum of three lots. However,
with the permission of the Planning Board, a private drive may serve
a maximum of five lots, provided that two of the five lots are of
conforming size, have frontage on an existing public street or road
and are located to either side of the proposed private drive. The
length of the private drive may vary, but shall be designed for convenience
to traffic, effective police and fire protection, safety and ease
of maintenance.
(c)
Right-of-way. A right-of-way for a private drive shall be at
least 66 feet in width.
[1]
A right-of-way for a single lot shall be owned in fee by the
lot owner.
[2]
Each lot owner on a right-of-way serving two or three lots shall
own a fee interest in a part of the right-of-way of a width of at
least 22 feet.
[3]
Common use easements over the improved portion of the shared
right-of-way shall be provided to each lot owner.
(d)
Drainage easements. Shall be reserved where road runoff must
cross private property. Easement width is to be established by the
Town Engineer.
(e)
Turning radius. Shall be a minimum of 40 feet to the inside
radius or as required to safely turn the local emergency vehicles.
(f)
A turnaround, either a cul-de-sac or a tee-type, shall be provided
at the end of each private drive, and shall be designed to accommodate
emergency vehicles.
(g)
At the discretion of the Planning Board, a private drive design
to serve a development may be submitted to the Town Engineer for review.
Said review shall be at the owner's expense.
(h)
Once approval has been granted by the Planning Board, the applicant
shall register the private drive with the New York State Attorney
General's Office.
(i)
The owner shall cause to be recorded in the Ontario County Clerk's
office a declaration of covenants, restrictions and easements in a
form acceptable to the Town Attorney, which shall, at a minimum, provide:
[1]
For reciprocal easements for use of said drive of each owner
of a lot in each subdivision, or private development.
[2]
A declaration that the Town has no responsibility for the maintenance
of said drive.
[3]
That maintenance of the drive is to be paid for by the owners.
"Maintenance" shall include normal upkeep reconstruction, drainage,
snow plowing and any and all other costs which may be associated with
such access.
[4]
That no certificate of occupancy can be issued until the road
is installed in accordance with the above specifications and to the
satisfaction of the Code Enforcement Officer or Engineer or a letter
of credit is obtained.
[5]
Should a majority of the lot owners or developers desire to
upgrade the road to Town specifications, and seek dedication, no lot
owner sharing in the access agreement shall protest or impede the
dedication by virtue of their access or ownership rights to the right-of-way.
D.
Widening of existing street right-of-way. Where a subdivision or
other development adjoins an existing street which does not conform
to the right-of-way standards given in the Town of Bristol Design
Criteria and Construction Specifications[5] the development shall dedicate whatever additional right-of-way
width is necessary to provide, on the development side of the normal
street center line, a width which is equal to at least 1/2 of the
minimum standard width for the respective type of street.
E.
Lots. The following regulations shall govern the layout of lots:
(1)
The lot size, width, depth, shape, orientation and the minimum building
setback lines shall be appropriate for the location of the subdivision
and for the type of development and use contemplated.
(2)
All lots shown on the final plat must conform to the minimum requirements
of the Zoning Law as to area and dimensions for the zoning district
in which the subdivision is located. However, in the event of utilizing § 281
of the Town Law, the Planning Board may use its discretion in determining
lot sizes.
(3)
Each lot shall abut a street built to the Town's specifications.
(4)
Corner lots shall have extra width sufficient for maintenance of required building lines on both streets as required by Chapter 350, Zoning.
(5)
Where extra width has been dedicated for widening of existing streets,
lots shall begin at such extra-width line, and all setbacks shall
be measured from such line.
(6)
Side lines of lots shall be at right angles to straight streets,
and radial to curved streets.
(7)
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as rock formations, flood
conditions or similar circumstances, the Planning Board may, after
adequate investigation, require modification of such lots.
(8)
Block length and width or acreage within bounding roads shall be
such as to accommodate the size of the lot required in the area by
the Zoning Law and to provide for convenient access, circulation control
and safety of street traffic.
(9)
Blocks intended for commercial or industrial use shall be designed
specifically for such purposes with adequate space set aside for off-street
parking and delivery facilities.
F.
Block dimensions.
(1)
The length of blocks shall generally not be greater than 1,200 feet
and no less than 400 feet. Those exceeding 900 feet may be required
to be bisected by a dedicated path or easement located approximately
at the center to accommodate utilities and pedestrian traffic.
(2)
The width of blocks shall be sufficient to allow two tiers of lots,
except for blocks adjacent to utility rights-of-way, water bodies
or perimeter arterials.
G.
Lot area and width determinations.
(1)
Easement dedications for nonsurface or nonstructural uses, including
underground utility lines or drainageways, may be credited toward
minimum allowable lot area, provided that operation and maintenance
of the facilities shall remain unimpaired and the area of the easement
comprises a usable portion of the lot.
(2)
Minimum lot width shall normally be measured at the edge of the road
right-of-way. The minimum lot width shall also apply to the width
at the setback or building lines. The Planning Board shall have authority
to interpret lot width and average lot depth for unusually shaped
or situated lots.
H.
Traffic safety. Traffic signs and safety devices shall be provided
and installed in accordance with the Design Criteria and Construction
Specifications of the Town of Bristol[6] and the NYS DOT Manual of Uniform Traffic Control Devices.
Clearances of obstacles to vision at the intersections, provisions
of merging tapers, channelization, signalization, pullover and turning
areas, fire lanes and school bus stopping areas shall be provided
where required by the Planning Board.
I.
Easements. An easement shall be provided for all natural drainageways
and all utility lines when such utility line or lines do not fall
within a dedicated right-of-way. All easements shall be plotted on
the preliminary plan and final plan. A clause shall be inserted in
the deed of each lot affected by an easement indicating that the easement
exists and its purpose. Except as further required in this section,
easements shall have a minimum width of 20 feet. Where a subdivision
is traversed by a drainageway, channel or stream, a drainage way easement
conforming substantially with the lines of such watercourse shall
be provided. The easement shall be 20 feet wide, or such width as
will be adequate to preserve natural drainage, and provide sufficient
width for maintenance. Where it is found that additional easement
width is needed, such width shall be determined by the Planning Board
in consultation with the Town Engineer. To the fullest extent possible,
easements shall be centered on or adjacent to rear or side lot lines.
All utility lines which are primarily intended to provide service
to the lots within the subdivision shall be installed underground
at a depth and at such locations as will minimize risk of interruption
of services.
J.
Landscaping and ground cover.
(1)
All lot areas which are not covered by structures or paving shall
be properly seeded by the developer not later than six months after
completion of main structures.
(2)
The developer shall provide a liberal and functional landscaping
scheme for the entire subdivision. Each lot shall be provided with
a minimum of two trees, which shall be in addition to the street shade
trees. This requirement may be waived by the Planning Board in wooded
areas where the subdivider intends to maintain existing trees.
(3)
All undeveloped lot areas must remain natural or be seeded within
six months of stripping of such area.
(4)
When a proposed subdivision borders upon an existing commercial or
industrial establishment, or any other use which, in the opinion of
the Planning Board, may be visually detrimental to the tranquility
of the future residents of the subdivision, the Planning Board may
require a landscape screen to buffer the subdivision from the visually
noncompatible use.
K.
Preservation of natural features.
(1)
Topsoil moved during the course of construction shall be redistributed
so as to provide at least six inches of cover to all areas of the
subdivision and shall be stabilized by seeding or planting. At no
time shall topsoil be removed from the site without written permission
from the Planning Board.
(2)
To the fullest extent possible, all existing trees and shrubbery
shall be conserved by the subdivider. Special consideration shall
be given to the arrangement and ultimate improvement or development
of the lots to this end. Precautions shall also be taken to protect
existing trees and shrubbery during the process of grading the lots
and roads. Where there is a question as to the desirability of removing
a group of trees which serve to add interest and variety to the proposed
subdivision, the Planning Board may, after proper investigation, require
modification of such lots. Where any land other than that included
in public right-of-way is to be dedicated to the public use, the developer
shall not remove any trees from the site without written permission
from the Planning Board.
(3)
Where a subdivision is traversed by a natural lake, pond or stream,
the boundaries or alignment of said watercourse shall be preserved
unless, in the opinion of the Planning Board, a change or realignment
will enhance the development and beauty of the subdivision or the
utilization of such features by the future residents of the subdivision.
All proposed changes in watercourse alignment shall be in accordance
with the revised New York State Stream Conservation Law.
(4)
Unique physical features, such as historic landmarks and sites, rock
outcroppings, mature trees, hilltop lookouts, desirable natural contours
and similar features, shall be preserved, if possible.
(5)
The subdivider shall not be permitted to leave any surface depressions
which will collect pools of water, except those which are designed
as stormwater detention facilities to serve the needs of the subdivision.
Stormwater detention facilities shall be designed in conformance with
the Town of Bristol Design Criteria and Construction Specifications
and shall be in harmony with other natural features of the site.
(6)
The subdivider shall not be permitted to leave any mounds of dirt
around the tract. All surfaces shall be restored within six months
of the time of the completion of the section of the subdivision.
L.
Floodplain.
(1)
Mapping. If any portion of the land within the subdivision is subject
to inundation or flood hazard by stormwater, such fact and portion
shall be clearly indicated on the preliminary plat and the prominent
note on each sheet of such map where on any such portion shall be
shown.
(2)
Use. Land subject to flooding, and land deemed by the Planning Board
to be otherwise uninhabitable, shall not be platted for residential
occupancy nor for such other uses as may increase danger to health,
life or property or aggravate the flood hazard.
M.
Self-imposed restrictions. The owner may place restrictions on the
development greater than those required but not contradictory to Chapter,
Zoning. Such restrictions, if any, shall be indicated on the final
subdivision plat.
N.
Parks, playgrounds, and open spaces.
(1)
Land shall be reserved for park, playground, open space or other
recreational purposes in locations designated on the Town of Bristol
Comprehensive Plan or elsewhere where the Planning Board deems that
such reservations would be appropriate. Each reservation shall be
of an area equal to at least a minimum of 10% of the total land within
the subdivision. The area to be preserved shall possess the suitable
topography, general character, and adequate road access necessary
for recreational purposes. This exempts streets, roads, common parking
areas or required yards.
(2)
Where the Town Board requires land to be set aside for parks, playgrounds
or other recreational purposes, the Planning Board shall require that
the site be graded, loamed and seeded and may require it to be fenced.
(3)
When an area for park, playground, recreational purposes or open
space is required on the final plat, the approval of the final plat
shall not constitute an acceptance by the Town of such an area.
O.
Cluster development. Provisions for application under § 281
of the Town Law.
(1)
The Planning Board is empowered to modify applicable provisions of Chapter 350, Zoning, in accordance with the provisions of § 281 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands.
(2)
The Planning Board may consider any proposal for a clustered project
submitted by a subdivider. Pursuant to Town Law § 281, the
Planning Board may require clustering to protect environmental sensitive
areas or to preserve open space.
(3)
The application of the clustering procedure shall result in a permitted number of building plots or dwelling units which would not exceed the number which could be permitted, if the land were subdivided into lots conforming to the minimum lot size, density requirements and all other applicable requirements of Chapter 350, Zoning, and Subdivision 3(b) of § 278 of the New York State Town Law.
(4)
In the case of a residential plat or plats, the dwelling units permitted
may be, at the discretion of the Planning Board, in detached, semidetached,
or attached structures.
(5)
In the event that the application of this procedure results in a
plat showing lands available for park, recreation, open space, or
other municipal purposes directly related to the plat, then the Planning
Board, as a condition of plat approval, may establish such conditions
on the ownership, use, and maintenance of such lands as it deems necessary
to assure the preservation of such lands for their intended purposes.
The Planning Board may require that such condition shall be approved
by the Town Board before the plan may be approved for filing.
(7)
Upon determination of the Planning Board that such proposal is suitable
for application under § 281, the applicant may proceed with
his application for subdivision review.
A.
General.
(1)
The Town of Bristol Design Criteria and Construction Specifications
for Land Development are adopted herein by reference,[1] and shall establish the standard for subdivision design
and construction.
(2)
The developer, before approval of the final plat, shall complete
all improvements to the satisfaction of the Town Engineer, or post
a letter of credit sufficient to insure the satisfactory completion
of the following required improvements:
(b)
Storm drains, culverts, catch basins, and other drainage structures
shall be installed in accordance with the Town of Bristol Design Criteria
and Construction Specifications and in accordance with the final plat
approved by the Planning Board. All pipe shall comply with the requirements
of the current New York State Highway Department specifications governing
construction of these facilities. The location, length, depth, size,
grade and type of pipe shall be designated in the plans. If unusual
conditions are discovered at the time of construction, and are not
provided for on the plans, the Town Engineer shall determine the type
and extent of construction required to overcome such conditions.
(c)
Curbing shall be constructed on both sides of all streets shown
on all final plats and in accordance with the Town of Bristol Design
Criteria and Construction Specifications.
(e)
Driveway aprons shall be required between the curbing and the
sidewalk and constructed in accordance with the Town of Bristol Design
Criteria and Construction Specifications.
(f)
Street signs shall be of metal and shall be installed at the
intersections of all streets in conformity with Town specifications
at the locations approved by the Planning Board.
(g)
Grass strips shall be provided within the portion of the street
right-of-way beyond the curbline and shall be graded and seeded according
to the Town of Bristol Design Criteria and Construction Specifications.
(h)
Street trees shall be planted in every subdivision at intervals
from 40 feet to 60 feet along both sides of the street except in areas
of large lots, as determined by the Planning Board, where trees shall
be planted at intervals of 100 feet on both sides of the street. Existing
trees may be taken into consideration when determining the above.
Trees shall be at least three feet from any sidewalk. In area of small
lots where curbs are required, trees shall be placed at least six
feet from the curb; however, where no curbs and sidewalks are required,
trees shall be placed nine feet inside the right-of-way. Where dwelling
structures are oriented with their rear on the street, street trees
shall be at least six feet from the curbline. Trees should also be
at least 10 feet from any line which is directly under or over utility
lines. Trees shall be a minimum of 1 1/2 inches in diameter.
Such trees shall be of a type and at locations approved by the Planning
Board. No tree shall be planted within 25 feet from an existing or
proposed streetlight or street intersection. Trees shall be planted
in accordance with the Town of Bristol Design Criteria and Construction
Specifications.[4]
(i)
Shade trees, other than within the right-of-way, may be required
by the Planning Board.
(j)
Streetlighting facilities shall be provided along all streets
in the subdivision and along all streets upon which the subdivision
abuts. Such lighting facilities shall be in accordance with the Town
standards and shall be installed as approved and directed by the Town
Engineer.
(k)
Sewer systems shall be approved by the Town and Health Officials
and be in accordance with other requirements of law. The design and
construction shall be in accordance with the Town of Bristol Design
Criteria and Construction Specifications[5] subject to the supervision of the Town Engineer or appropriate
health agencies as determined by the Town Board.
(l)
Where a public water main is reasonably accessible, the subdivider
shall connect with such water main and provide a water connection
for each lot in accordance with the Town of Bristol Design Criteria
and Construction Specifications subject to supervision of the Town
Engineer or appropriate health agencies as determined by the Town
Board. Fire hydrants shall be required and shall be installed in the
locations approved by the Town Engineer and in accordance with the
New York State Board of Fire Underwriters.
(m)
Where a public water main is not accessible or not in existence,
the subdivider shall provide one or more retention ponds. These pond(s)
shall be installed in the locations approved by the Town Engineer
and the Town of Bristol Planning Board.
B.
Permitted modifications.
(1)
Concrete curbing may be omitted and, in lieu thereof, rolled gutters
or other means for controlling stormwaters may be constructed as approved
by the Town Engineer and Planning Board.
(2)
Where curbing and/or sidewalks are not provided, adequate provision
for the protection of the edge of the road pavement, and graded shoulders,
at all driveway openings and other accessways shall be provided in
a manner approved by the Town Engineer.
(3)
Where sidewalks and curbing are not provided, grass curb strips shall
not be required. However, grading and seeding of the area between
the pavement edge, shoulder or approved drainage structure and the
front property line of the lot shall be provided.
(4)
Individual sewage disposal systems (septic tanks) shall be subject
to all applicable laws and regulations of the Town, county and state.
(5)
Individual on-site water supply systems may be provided in lieu of
providing a water supply connected to a public utility system and
shall be subject to all other applicable laws and regulations of the
Town, county and state.
(6)
Fire hydrants may be omitted where public utility water systems are
not either existing or proposed to be available to the subdivision.
Standards for design and construction of recreational, commercial,
industrial, and other nonresidential subdivisions shall be reviewed
by the Town Engineer. The face of the plat shall contain notice of
the intended use. However, this notice shall not be considered to
waive or prejudice the development review on the lots if covered by
other Town regulations.
