The purpose of good subdivision design is to
create a functional and attractive development, to minimize adverse
impacts and to ensure that a project will be an asset to a community.
To promote this purpose, the subdivision shall conform to the following
standards which are designed to result in a well-planned community
without adding unnecessarily to development costs.
A.
Site analysis. An analysis shall be made of characteristics
of the development site, such as site context; geology and soil; topography;
climate; ecology; existing vegetation; structures and road networks;
visual features; and past and present use of the site. Land to be
subdivided shall be of such character that it can be used safely for
building purposes without danger to health or peril from fire, flood
or other menace.
B.
Subdivision design. Development of the site shall
take into consideration existing local and regional plans for the
surrounding community, including the Official Map and the Town Comprehensive
Plan.
(1)
Development of the site shall be based on the site
analysis. To the maximum extent practicable, development shall be
located to preserve the natural features of the site, to avoid areas
of environmental sensitivity and to minimize negative impacts and
alteration of natural features.
(2)
The development shall be laid out to avoid adversely
affecting groundwater and aquifer recharge; to reduce cut and fill;
to avoid unnecessary impervious cover; to prevent flooding; to provide
adequate access to lots and sites; and to mitigate adverse effects
of shadow, noise, odor, traffic, drainage and utilities on neighboring
properties.
(4)
All required improvements shall be constructed or
installed to conform to the Town's Standard Specifications, which
may be obtained from the Building Department.
C.
Lots.
(1)
The size, shape and orientation of nonresidential
lots shall be such as the Town Board deems appropriate or as stated
herein, for the type of development and use contemplated. Subdivision
lots will not be approved unless lot and area requirements are met
with a lot with frontage that is continuous and contiguous and area
requirements are met with a lot that is functional for development
including sufficient area for the installation of a septic system,
if required. Lots with a land-hook across any road or where frontage
is divided by another parcel shall not be allowed to meet the frontage
and area requirements of the Code.
[Amended 5-14-2018 by L.L. No. 1-2018]
(2)
Residential lots shall comply with the following requirements:
(a)
Area. Lot dimensions and area shall not be less than the requirements of Chapter 450, Zoning, of the Town Code. The arrangement of the lot shall be such that, in constructing a building in compliance with Chapter 450, Zoning, there will be no foreseeable difficulties for reasons of topography or other natural conditions.
(b)
Orientation. 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.
(c)
Residential lots shall front on residential
access or subcollector streets. Frontage on collector streets shall
be discouraged. In certain cases, reverse frontage lots shall be encouraged.
(d)
Every lot shall have sufficient access to it
for emergency vehicles as well as for those needing access to the
property in its intended use.
(e)
In general, corner lots should be larger than
interior lots to provide for proper building setback from each street
and to provide a desirable building site.
(f)
Driveway access and grades shall conform to
Town specifications. Driveway grades between the street and the setback
line shall not exceed 10%.
(g)
Permanent monuments meeting specifications approved
by the Town Engineer as to size, type and installation shall be set
at such block corners, angle points, points of curves in streets and
other points as the Town Engineer may require, and their location
shall be shown on the final subdivision plat.
D.
Easements. Utility and other easements shall be provided
as follows:
(1)
Utility easements shall be provided where deemed necessary
by the Town Board and shall be at least 15 feet in width.
(2)
Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially to the
lines of such watercourse as required by the Town Engineer, and in
no case less than 20 feet in width.
(3)
Lakes, ponds, creeks and similar areas shall be the
responsibility of the owner of the land whereon they are located.
Where there is common ownership, a homeowners' association or other
legal means shall be established to provide for appropriate maintenance.
These facilities may be accepted for maintenance by the Town only
if the land is dedicated as a public recreation area or park. No lands
may be dedicated to the Town without the approval of the Town Board
before approval of the final plat. Where such area constitutes a necessary
part of the drainage control system, such area must be approved by
the Town Engineer and Town Board.
(4)
Drainage easements shall be provided along the front,
side and/or rear lot lines as the Town Board, the Town Engineer and/or
the Planning Board may deem reasonably necessary to handle present
and future runoff. Drainage easements shall be located in a manner
which will attempt to minimize interference with the development of
a parcel by the owner but only to the extent reasonably possible and
shall be recorded in the County Clerk's office.
E.
Circulation system design. The road system shall be
designed to permit the safe, efficient and orderly movement of traffic;
to meet, but not exceed, the needs of the present and future population
served; to have a simple and logical pattern; to respect natural features
and topography; and to present an attractive streetscape.
F.
Landscape design.
(1)
Reasonable landscaping should be provided at site
entrances, in public areas and adjacent to buildings. The type and
amount of landscaping required shall be allowed to vary with type
of development.
(2)
The planting or other landscaping material that best
serves the intended function shall be selected. Landscaping materials
shall be appropriate for the local environment, soil conditions and
availability of water. The impact of the proposed landscaping plan
at various time intervals shall also be considered.
G.
Buffer strips. When residential districts directly
abut railroads, limited access highways, major arterials, high-tension
power lines and/or commercial and industrial development or other
appropriate areas as determined by the Planning Board, a buffer strip
consisting of at least 20 feet shall be provided along the line where
said land uses abut. For purposes of title, these buffer strips shall
be part of the platted lots but shall have the following restriction
set forth on the final plat: "This buffer strip is reserved for the
planting of trees or shrubs by the owner; the building of structures
hereon is prohibited."
H.
Drainage improvements.
(1)
Removal of spring and surface water. The subdivider
will be required by the Town Board and Planning Board to carry away
any spring or surface water that may exist either previous to, or
as a result of, the subdivision. Such drainage facilities shall be
located in the street right-of-way where feasible, or in perpetual
unobstructed easements of appropriate width. Under most circumstances,
the drainage facilities must be a closed or piped system. The Town
may allow open ditches in certain instances, at the governing Board's
sole discretion upon recommendation of the Town Engineer, after consideration
of factors such as technical feasibility, economic viability, public
health and safety, aesthetics, and any other factors that the governing
Board deems reasonable and necessary. All natural creeks, streams,
and tributaries must remain open except for road or driveway culverts.
All drainage facilities must be designed to convey, at a minimum,
the anticipated runoff from a ten-year storm event. Drainage system
design must meet all local, state and federal regulations. The governing
Board may require the recommendation of the Town Drainage Committee,
the Conservation Advisory Council and the Town Engineer in such cases
where proper drainage is in question.
[Amended 5-14-2018 by L.L. No. 1-2018]
(2)
Drainage structure to accommodate potential development upstream. A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The Town Engineer shall approve the design and size of facility based on anticipated runoff from a "ten-year" storm under conditions of total potential development permitted by Chapter 450, Zoning, of the Town Code in the watershed. Drainage system design must meet all local, State and federal regulations.
(3)
Detention requirements. Detention of stormwater must
be provided unless the subdivider can prove that such detention will
result in an increase of the peak flow downstream. Detention facilities
must be designed to meet the New York State stormwater management
design standards, and also must be designed to detain the difference
between the twenty-five-year post-developed runoff and the ten-year
pre-developed runoff.
(4)
Land subject to flooding. Land subject to flooding
or land deemed to be 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, but such land within
the plat shall be set aside for such uses as shall not be endangered
by periodic or occasional inundation or improved in a manner satisfactory
to the governing Board to remedy said hazardous conditions.
A.
Purpose. Planned unit developments, planned unit residential developments, residential cluster developments and all subdivisions shall be required to provide open space (see Chapter 450, Zoning, Articles VI and VII, of the Town Code for requirements for cluster and planned unit developments). Developed open space shall be designed to provide active recreational facilities to serve the residents of the development. Undeveloped open space shall be designed to preserve important site amenities and environmentally sensitive areas.
B.
Recreation areas shown on Town Plan. When a proposed
park, playground, open space or trail shown on the Town's Comprehensive
Plan is located in whole or in part in a subdivision, the Planning
Board shall require that such area or areas be shown on the plat as
dedicated or reserved for the park, open space or other recreational
use. Such area or areas may be dedicated to the Town by the subdivider
if the Town Board approves such dedication.
C.
Parks and playgrounds not shown on Town Plan. If the
proposed subdivision does not affect parks and playgrounds shown on
the Town Plan, the Planning Board may require the dedication of an
area or areas for a park or parks, play ground, open space or other
recreational use.
D.
Minimum requirements.
(1)
Amount of open space required. An area of not less than 10% of the tract proposed for development shall be set aside for developed and undeveloped open space. This area shall be of a character, extent and location suitable to needs created by the development. In the case of minor subdivisions, the Town has determined that it is not practical to provide open space on site and shall require payment of a fee in lieu of land in accordance with the provisions of § 360-19D(4) below.
[Amended 11-25-2013 by L.L. No. 4-2013]
(2)
Size of open space parcels. The area of each parcel
of open space designed for active recreational purposes shall be of
such minimum dimensions as to be functionally usable.
(3)
Location of open space parcels. Open space parcels
shall be convenient to the dwelling units they are intended to serve.
However, because of noise generation, they shall be sited with sensitivity
to surrounding development.
(4)
If the Town determines that a suitable area or area
of adequate size cannot be located within the subdivision, or if,
in the opinion of the governing Board, it is not desirable, the Board
may waive the requirements that the plat show land for such purposes.
The Board may then require a payment in lieu of land to be provided
by the developer according to the Town of Newstead's Fee Schedule.
Such fee shall be paid prior to final plat approval. Upon receipt
of payment in lieu of land, the Town shall place the payment in a
dedicated resource fund established by the Town, which reserve can
be used only for land acquisition and/or for development of parks,
recreation areas or open spaces.
E.
Improvements of open space parcels.
(1)
Developed open space. The governing Board or other
approving authority may require the installation of recreational facilities,
taking into consideration:
(2)
Undeveloped open space. As a general principle, undeveloped
open space should be left in its natural state. A developer may make
certain improvements such as the cutting of trails for walking or
jogging or the provision of picnic areas, etc. In addition, the governing
Board may require the developer to make other improvements, such as
removing dead or diseased trees, thinning trees or other vegetation
to encourage more desirable growth and grading and seeding.
F.
Exceptions to the standards. The Town Board may permit
minor deviations from open space standards when it can be determined
that:
G.
Deed restrictions. Any lands dedicated for open space
purposes shall contain appropriate covenants and deed restrictions
approved by the Town Attorney ensuring that:
(1)
The open space area will not be further subdivided
in the future.
(2)
The use of the open space will continue in perpetuity
for the purpose specified.
(3)
Appropriate provisions will be made for the maintenance
of the open space.
(4)
Common undeveloped open space shall not be turned
into a commercial enterprise admitting the general public at a fee.
H.
Open space ownership. The type of ownership of land
dedicated for open space purposes shall be selected by the owner,
developer or subdivider, subject to the approval of the Town Board.
The Town Board, as a condition of its approval, shall be entitled
to receive such detailed financial and/or organizational information
on the entity that it is proposed to accept title to the open space
as the Town Board, in its sole discretion, deems necessary. Type of
ownership may include, but is not necessarily limited to, the following:
I.
Maintenance of open space areas. The person or entity
with the right of ownership or control over the open space shall be
responsible for its continuing upkeep and proper maintenance.
If open space, streets or utilities are owned
and maintained by a homeowners' or condominium association, the subdivider
shall file a declaration of covenants and restrictions that will govern
the association, to be submitted with the application for the preliminary
approval. The provisions shall include, but are not necessarily limited
to, the following:
A.
The homeowners' association must be established before
the homes or lots are sold.
B.
Membership must be mandatory for each home buyer and
any successive buyer.
C.
Any open space restrictions must be permanent, not
just for a period of years.
D.
The association must be responsible for liability
insurance, local taxes and the maintenance of recreational and other
facilities.
E.
Homeowners must pay their pro rata share of the cost,
and the assessment levied by the association shall become a lien on
the property and the master deed establishing the homeowners' association
shall provide that unpaid assessments will become a lien.
F.
The association must be able to adjust the assessment
to meet changed needs.
G.
The homeowners' association shall upon request by
the Town Board provide a copy of the current prospectus for the association.
A.
Purpose.
(1)
Landscaping shall be provided as part of subdivision
design. It shall be conceived in a total pattern throughout the site,
integrating the various elements of site design, preserving and enhancing
the particular identity of the site and creating a pleasing site character.
(2)
Landscaping may include plant materials such as trees,
shrubs, ground covers, perennial and annuals and other materials such
as rocks, water, sculpture, art, walls, fences, paving materials and
street furniture.
B.
Landscape plan. A landscape plan and planting schedule prepared by a licensed landscape architect shall be submitted with each major subdivision application, unless an exception is granted pursuant to Article III, § 360-8, of this chapter. The plan shall identify existing and proposed trees, shrubs, ground covers and stone fences; natural features such as rock outcroppings; and other landscaping elements. The plan shall show where they are or will be located and planting and/or construction details. Where existing plantings are to be retained, the applicant shall include in the plans proposed methods of protecting them during construction. The Landscaping Standards of the Town of Newstead, as amended, shall be on file in the office of the Code Enforcement Officer of the Town of Newstead.
C.
Preservation of natural features. The Town Board and
Planning Board shall, wherever possible, establish the preservation
of all natural features which add value to residential developments
and to the community, such as large trees or groves, watercourses
and falls, beaches, historic spots, vistas and similar irreplaceable
assets. No tree with a diameter of eight inches or more as measured
three feet above the base of the trunk shall be removed unless such
tree is within the right-of-way of a street shown on the final subdivision
plat. Removal of additional trees shall be subject to the approval
of the Town Board and/or Planning Board. In no case, however, shall
a tree with a diameter of eight inches or more, as measured three
feet above the base of the trunk, be removed without prior approval
of the Town Board and/or Planning Board.
D.
Topsoil. If a subdivider wishes to remove excess topsoil
from a subdivision, sufficient topsoil must remain on site such that
after development, each lot has a minimum of five inches of topsoil
in all grassed areas. The subdivider shall include, with the construction
drawings submitted with the final plat, calculations indicating the
volume of topsoil that must remain on site. Required topsoil must
be placed on each lot prior to issuance of a Certificate of occupancy.
A conditional certificate of occupancy may be granted if, at the discretion
of the CEO, the topsoil cannot be placed on the lot at the time that
a certificate of occupancy is requested. At no time shall storage
of topsoil infringe on any required drainage easements.
A.
Width, location and construction. Streets shall be
of sufficient width, suitably located, and adequately constructed
to conform with the Comprehensive Plan and to accommodate the prospective
traffic and afford access for fire fighting, snow removal and other
road maintenance equipment. The arrangement of streets shall be such
as to cause no undue hardship to adjoining properties and shall be
coordinated so as to compose a convenient system.
B.
Arrangement. The arrangement of streets in the subdivision
shall provide for the continuation of principal streets of adjoining
subdivisions, and for proper projection of proposed principal streets
into adjoining properties which are not yet subdivided, in order to
make possible necessary fire protection, movement of traffic and the
construction or extension, presently or when later required, of needed
utilities and public services such as sewers, water and drainage facilities.
Street extensions to adjoining properties shall be constructed and
paved in accordance with Town Standard Specifications and all Town-owned
utilities must be extended to the property line as well for these
stub streets. Where, in the opinion of the Town Board, topographic
or other conditions make such continuance undesirable or impracticable,
the above conditions may be modified.
C.
Minor streets. Minor streets shall be so laid out
that their use by through traffic will be discouraged.
D.
Frontage on major streets.
(1)
When a subdivision abuts or contains an existing or
proposed major street, the Town Board and/or Planning Board may require
marginal access streets, reverse frontage with screen planting contained
in a nonaccess reservation along the rear property line, deep lots
with rear service alleys, or such other treatment as may be necessary
for adequate protection of residential properties and to afford separation
of through and local traffic. Where property depth permits, residential
street patterns such as U-shaped courts and loop streets are strongly
suggested as alternatives to strip development.
(2)
To avoid land-locking developable areas, the contiguous
development (both existing and planned) of frontages along major streets
shall not exceed a distance of 2,000 feet before a sixty-six-foot-wide
strip of land is provided for access to any developable land behind
such frontages.
E.
Provision for future resubdivision. Where a tract
is subdivided into lots substantially larger than the minimum size
required in the zoning district in which a subdivision is located,
the Planning Board may require that streets and lots be laid out so
as to permit future resubdivision in accordance with the requirements
contained in this chapter.
F.
Dead-end streets. The creation of dead-end or loop
residential streets will be permitted wherever the Planning Board
finds that such type of development will not interfere with normal
traffic circulation in the area. In the case of dead-end streets,
where needed or desirable, the Planning Board may require the reservation
of a twenty-foot-wide easement to provide for continuation of pedestrian
traffic and utilities to the next street. Subdivisions containing
20 lots or more shall have at least two street connections with existing
public streets, or streets shown on the Official Map, if such exists,
or streets on an approved subdivision plat for which a bond has been
filed.
G.
Block size. Blocks generally shall not be less than
400 feet nor more than 1,200 feet in length. In general, no block
width shall be less than twice the normal lot depth. In blocks exceeding
800 feet in length, the Planning Board may require the reservation
of a twenty-foot-wide easement through the block to provide for the
crossing of underground utilities and pedestrian traffic where needed
or desirable and may further specify, at its discretion, that a four-foot-wide
paved foot path be included.
H.
Intersections with collector or major arterial roads.
Minor or secondary street openings into such roads shall, in general,
be a minimum of 500 feet apart.
I.
Street jogs. Street jogs with center-line offsets
of less than 125 feet shall be avoided.
J.
Angle of intersection. In general, all streets shall
join each other so that for a distance of a least 100 feet, the street
is approximately at right angles to the street it joins.
K.
Relation to topography. The street plan of a proposed
subdivision shall bear a logical relationship to the topography of
the property and all streets shall be arranged so as to obtain as
many of the buildings sites as possible at or above the grade of the
streets. Grades of streets shall conform as closely as possible to
the original topography. To preserve tree life, street grades in wooded
areas shall be low enough so as not to require additional fill.
L.
Other required streets. Where a subdivision borders
on or contains a railroad right-of-way or limited access highway right-of-way,
the Planning Board may require a street approximately parallel to
and on each side of such right-of-way at a distance suitable for the
appropriate use of the intervening land (as for park purposes in residential
districts or for commercial or industrial purposes in appropriate
districts). Such distances shall also be determined with due regard
for the requirements of approach grades and future grade separations.
A.
Widths of rights-of-way and pavements.
(1)
Streets shall have the following widths. (When not
indicated on the Comprehensive Plan or Official Map, if such exists,
the classification of streets shall be determined by the Planning
Board.)
|
Arterial
|
Collectors and Minor Streets
(feet)
|
Outside Radius of Cul-de-Sac
(feet)
|
Marginal Access
(feet)
| ||
|---|---|---|---|---|---|
|
Minimum right-of-way width
|
As determined by state or county road authorities
|
66
|
89
|
66
| |
|
Minimum pavement width
|
As determined by state or county road authorities
|
24
|
70
|
24
|
(2)
Any culvert under a collector or minor street shall
have minimum length of 50 feet unless otherwise specified by the Town
Highway Superintendent.
B.
Improvements. Streets shall be graded and improved
with pavements, curbs and gutters, sidewalks, storm drainage facilities,
water mains, sewers, streetlights and signs, street trees, and fire
hydrants, except where waivers may be requested, and the Planning
Board may waive, subject to appropriate conditions, such improvements
as it considers may be omitted without jeopardy to the public health,
safety and general welfare. Pedestrian easements shall be improved
as required by the Town Engineer. Such grading and improvements shall
be approved as to design and specifications by the Town Engineer.
(1)
Fire hydrants. Installation of fire hydrants shall
be in conformity with all Town requirements and standard thread and
nut dimensions as specified by the New York Fire Insurance Rating
Organization and the Division of Fire Safety of the State of New York.
(2)
Streetlighting facilities. Lighting facilities shall
be in conformance with the lighting system of the Town. Such lighting
standards and fixtures shall be installed after approval by the appropriate
power company and authorized by the Town Board.
C.
Location of utilities. The Planning Board shall, wherever
possible, require that underground utilities to be dedicated to the
Town be placed in street rights-of-way between the paved roadway and
street line or in designated utility easements if impractical in the
right-of-way, in order to simplify location and repair of lines when
they require attention. The subdivider shall install underground service
connections to the property line of each lot within the subdivision
or one length past all underground utilities, whichever is longer,
for such required utilities before streets are paved.
D.
Utility easements. Where topography is such as to
make impractical the inclusion of utilities within the street rights-of-way,
perpetual unobstructed easements for utilities to be dedicated to
the Town at least 15 feet in width shall be otherwise provided with
satisfactory access to the street. Wherever possible, easements shall
be continuous from block to block and shall present as few irregularities
as possible. Such easements shall be cleared and graded where required.
Locations and widths of easements for private utilities are to be
reviewed by the Town at the time of final plat submittal.
E.
Grades. Grades of all streets shall conform in general
to the terrain, and shall not be less than 0.4% nor more than 6% for
major or collector streets or 10% for minor streets in residential
zones, but in no case more than 3% within 50 feet of any intersection.
F.
Changes in grade. All changes in grade with an algebraic
difference greater than 1% shall be connected by vertical curves of
such length and radius as meet with the approval of the Town Engineer
so that clear visibility shall be provided for a safe distance.
G.
Curve radii at street intersections. All street right-of-way
lines at intersections shall be rounded by curves of at least 20 feet
radius. Curbs at intersections with major or collector streets shall
have a minimum radius of 30 feet. Curbs at intersections of minor
streets shall have a minimum radius of 20 feet.
H.
Steep grades and curves; visibility of intersections.
A combination of steep grades and curves shall be avoided. In order
to provide visibility for traffic safety, that portion of any corner
lot (whether at an intersection entirely within the subdivision or
of a new street with an existing street) which is shown shaded on
Sketch A shall be cleared of all growth (except isolated trees) and
obstructions above the level three feet higher than the center line
of the street. If directed, ground shall be excavated to achieve visibility.
 |
I.
Dead-end streets (culs-de-sac).
(1)
Where dead-end streets are designed to be so permanently,
they should, in general, not exceed 500 feet in length, and shall
terminate in a circular turnaround having a minimum right-of-way radius
of 89 feet and pavement radius of 70 feet. Culs-de-sac are discouraged
and will only be approved if no other reasonable alternative exists
in the opinion of the Planning Board.
(2)
At the end of temporary dead-end streets, a temporary
turnaround shall be provided in accordance with the Town Standard
Specifications.
J.
Watercourses.
(1)
Where a watercourse separates a proposed street from
abutting property, provision shall be made for access to all lots
by means of culverts or other structures of design approved by the
Town Engineer.
(2)
Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way as required by the Town Engineer,
and in no case less than 20 feet in width.
K.
Curve radii. In general, street lines within a block,
deflecting from each other at any one point by more than 10°,
shall be connected with a curve, the radius of which for the center
line of street shall not be less than 400 feet on major streets, 200
feet on collector streets and 100 feet on minor streets.
L.
Service streets or loading space in commercial development.
Paved rear service streets of not less than 20 feet in width, or in
lieu thereof, adequate off-street loading space, suitably surfaced,
shall be provided in connection with lots designed for commercial
use.
M.
Free flow of vehicular traffic abutting commercial
developments. In front of areas zoned and designed for commercial
use, or where a change of zoning to a zone which permits commercial
use is contemplated, the street width shall be increased by such amount
on each side as may be deemed necessary by the Planning Board to assure
the free flow of through traffic without interference by parked or
parking vehicles, and to provide adequate and safe parking space for
such commercial or business district.
N.
Islands.
(1)
Center islands in culs-de-sac must be paved as roadways
unless ownership of the islands is maintained by homeowners surrounding
the islands by an extension of property lines. The Town will not maintain
landscaping/grass on islands. If nonpaved islands are desired, the
Town will not accept dedication of the unpaved cul-de-sac island(s)
as roadways and roadway dedication descriptions must exclude any unpaved
islands from the description. Cul-de-sac center islands must have
gutter curbs. Nonpaved center islands may also require enlargement
of the cul-de-sac turnaround area for better fire service access.
(2)
Subdivision entrance islands must also be paved as
roadways unless landscaping/grass is maintained by homeowners within
the subdivision or the subdivider. If a nonpaved entrance island is
desired, deed restrictions must be placed on subdivision lots next
to the entrance islands which indicate the property owner's responsibility
to maintain the island. Subdivision entrance islands must have gutter
curbs and must be designed to allow adequate turning radii for snow
plows, emergency vehicles, buses, etc.
A.
Type of name. All street names shown on a preliminary
plat or subdivision plat shall be approved by the Town Board. In general,
streets shall have names and not numbers or letters. After approved,
street names shall not be changed without approval of the Town Board.
B.
Names to be substantially different. Proposed street
names shall be substantially different so as not to be confused in
sound or spelling with present names except that streets that join
or are in alignment with streets of an abutting or neighboring property
shall bear the same name. Generally, no street should change direction
by more than 90° without a change in street name.
A.
General.
(1)
All installations shall be properly connected with
an approved and functioning public water system.
(2)
If the subdivision cannot be connected to a public
water system, the applicant must submit a report justifying this to
the Town and the Department of Health.
(3)
All designs shall meet the current Town and Erie County
Water Authority design standards and requirements.
B.
Capacity.
A.
General.
(1)
All installations shall be properly connected to an
approved and functioning sanitary sewer system prior to the issuance
of a certificate of occupancy.
(2)
If the subdivision cannot be connected to a public
sewer system, the applicant must submit a report justifying this to
the Town and the Department of Environment and Planning. The Town
reserves the right to accept or reject such report in its sole reasonable
discretion and to require the submittal of such other information
as the Town deems reasonably necessary to make its determination.
(3)
All designs shall meet the current Town sewer design
standards and requirements.
A.
General.
(1)
Design of the stormwater management system shall be
consistent with general and specific concerns, values and standards
of Newstead's Master Plan and applicable county, regional and state
storm drainage control programs, including mosquito control standards,
if applicable. Design shall be based on environmentally sound site
planning and engineering techniques.
(2)
The best available technology shall be used to minimize
off-site stormwater runoff, increase on-site infiltration, encourage
natural filtration functions, simulate natural drainage systems and
minimize off-site discharge of pollutants to groundwater and surface
water. Best available technology may include measures such as retention
basins, recharge trenches, porous paving and piping, contour terraces
and swales.
A.
Purpose. Improvement guaranties shall be provided
to ensure the proper installation and maintenance of required street,
utility and other improvements. The nature and duration of the guarantee
shall be structured to achieve this goal without adding unnecessary
costs to the developer.
B.
Application for public improvement permit.[1]
(1)
Subdivider shall file with the Town Clerk an application
for construction of a public improvement and pay such fees as established
by the Town Board for all proposed improvements. The permit shall
not be effective until approved by the Town Board.
(2)
All contractors and subcontractors performing the
actual work under a public improvement permit shall maintain in continuous
effect workers' compensation insurance and liability insurance. Insurance
limits and other applicable criteria shall be as approved by the Town
Board.
(3)
Maintenance of completed work shall conform to the
Town of Newstead regulations for design and construction of improvements.
(4)
The subdivider shall guarantee his work against failure
for a period of two years. To ensure compliance with the above, he
shall post a bond or such other security agreement as to be agreeable
with the Town Attorney and the Town Board. This, however, is not to
be construed as an alternative to acceptance of any doubtful or substandard
work, nor is it intended to include the failures due to utilities
installed after the developer has completed his work.
