Town of Perinton, NY Article IV Design Standards and Required Improvements

§ 182-16 Scope; authority to waive requirements.

The Design Criteria and Construction Specifications for Land Development are adopted herein by reference and shall establish the standards for subdivision design and construction.[1] The Planning Board, in reviewing an application for approval of a subdivision plat, shall also be guided by the considerations and standards presented in this article. In its review the Planning Board shall take into consideration the prospective character of the development and may waive, subject to appropriate conditions, the provision of any improvements and requirements as in its judgment of the special circumstances of a particular plat are not requisite in the interest of the public health, safety and general welfare. Furthermore, where the Planning Board finds that because of exceptional and unique conditions of topography, location, shape, size, drainage or other physical features of the site, or because of the special nature and character of surrounding development, the standards specified herein would not adequately protect or provide for public health, safety or welfare, the Board may require that subdivision improvements be designed to such standards as are consistent with reasonable protection of the public health, safety or welfare.

[1] Editor's Note: Said Criteria and Specifications are on file in the Town offices.

§ 182-17 Acceptability of site.

A. Character of land. 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. Treatment of unique features. Existing features of the site, such as desirable trees, water bodies and watercourses, historic spots and similar irreplaceable assets, should be preserved through harmonious design of the subdivision.

C. Conformity to Official Maps. Subdivision plans shall conform to the Town Official Map and to the County Official Map, if such maps have been established. In addition to showing existing streets, drainage systems and parks, the Official Maps may also show proposed locations of such facilities to be provided in the future. Subdivision plans should be designated so as not to encroach on areas designated for these purposes or to conflict with them in any way.

D. Conformity to Comprehensive Plans. Although Town or County Comprehensive Plans generally do not show such detailed and specific proposals as those shown on Official Maps, they contain various recommendations as to land use and community facilities which should be taken into consideration whenever they pertain to areas proposed for subdivision. Subdivision plans shall include reasonable provision for such features of comprehensive plans as may be applicable in each case.

§ 182-18 Lots and blocks.

A. Lot size and arrangement. The dimensions and arrangements of lots shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in providing access to buildings on such lots or in securing building permits to build on the lots in compliance with Chapter 208, Zoning, the Monroe County Sanitary Code or other requirements.

(1) Lots shall be laid out to be in harmony with the development pattern of the neighboring properties. Lots larger than the zoning minimum may be required by the Planning Board when deemed appropriate to meet these requirements.

(2) In general, side lot lines shall be at right angles or radial to street lines, unless a variation from this can be shown to result in a better plan.

(3) 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. Generally, lots should be no deeper than three times their average width.

(4) All lots shown on the subdivision plat must conform to the minimum requirements of Chapter 208, Zoning, as to area and dimensions for the zone in which the subdivision is located. However, in the event of utilizing § 278 of the Town Law, the Planning Board may use its discretion in determining lot size and building setbacks.

(5) Corner lots shall have extra width sufficient for maintenance of required building lines on both streets as required by Chapter 208, Zoning.

(6) 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.

(7) Subdivision lots should be laid out so that side or rear property lines follow the center line of streams and drainageways.

(8) Blocks intended for commercial or industrial use shall be designed specifically for such purposes with adequate space set aside for off-street parking, buffering, landscaping and delivery facilities.

(9) Lot area and width determinations shall consider the following:

(a) Easement dedications for underground 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.

(b) Minimum lot width shall normally be measured at a distance of 25 feet from the edge of the road right-of-way, except that lots fronting on the circular part of a cul-de-sac shall be measured tangentially at a distance of 35 feet from the edge of the right-of-way. The Planning Board shall have authority to interpret lot width and average lot depth for unusually shaped or situated lots.

(10) No division of land shall result in any parcel not having at least one access point to at least one public road.

(11) As much as is possible, consideration should be given to noise sources, privacy, prevailing wind directions and seasonal sun movements when locating structures, patios and open spaces on lots as well as when selecting locations for and types of vegetation to be planted on the lot.

B. Access.

(1) Insofar as possible, lots shall not derive access from an arterial street.

(2) Access to lots adjacent to an arterial street shall, in general, be from marginal access streets or other streets within the subdivision.

(3) Where a watercourse separates the buildable area of a lot from the street by which it has access, provision shall be made for installation of a culvert or other structure which shall be subject to the same design criteria and review as all other stormwater drainage facilities in the subdivision.

§ 182-19 Streets and street improvements.

A. Street arrangement.

(1) Street systems shall be designed with due regard to the needs for convenient traffic access and circulation; traffic control and safety; access for fire-fighting, snow removal and street maintenance equipment; and stormwater drainage and sewage disposal. Streets shall be designed to accommodate the prospective traffic and so arranged as to separate through traffic from neighborhood traffic. Long straightaways should be avoided. Innovative layouts using turning circles, divided sections, changing pavement widths, etc., are encouraged.

(2) The design of the street pattern shall be based upon a local street pattern connecting to a residential collector street pattern.

(3) The streets in contiguous subdivisions shall be coordinated so as to comprise a road system which is convenient but not conducive to through traffic.

(4) Where a subdivision adjoins undeveloped land, its streets shall be laid out so as to provide suitable future street connections with the adjoining land when the latter shall be subdivided. A street thus temporarily dead-ended shall be constructed to the property line and shall be provided with a temporary turnaround of the same dimensions as for permanent dead-end streets if in excess of 200 feet, with a notation on the subdivision plat providing for temporary easements for the turnaround until such time as the street is extended. These same requirements shall apply at the discretion of the Planning Board in those cases where the adjoining land is another section of the same subdivision and which is not scheduled for development at the same time.

(5) Streets shall be logically related to the topography, and all streets shall be arranged so as to provide as many as possible of the building sites at or above the grades of the streets.

(6) Grades of streets shall be in accordance with the Design Criteria and Construction Specifications and otherwise shall conform as closely as possible to the original topography.[1] A combination of steep grades and sharp curves shall be avoided.

[1] Editor's Note: Said Criteria and Specifications are on file in the Town offices.

(7) Where a subdivision borders on or contains an existing or proposed arterial street, or other existing or planned Town, village, county or state roadway, the 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 or without 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. Berms may be required which are of sufficient height and width to provide a visual buffer and to reduce noise.

(8) Where a subdivision borders or contains an existing or proposed railroad right-of-way or controlled 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, for park purposes in residential districts or for business, commercial or industrial purpose in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

(9) 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 magnitude of improvements required shall be based on the needs of the project. Sufficiency of the improvements shall be determined by the Design Criteria and Construction Specifications.

(10) Where a subdivision abuts on or contains an existing or proposed arterial street or other existing village, Town, county or state highway, the Planning Board may require necessary realignment and widening of the right-of-way in accordance with county, village 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.

(11) 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 Board may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements contained in these regulations.

(12) As a general rule, no single dwelling shall be subjected to more than 700 car movements per day, based on one dwelling unit generating approximately 10 trips per day.

(13) Subdivisions shall be connected to a constructed and maintained road in at least two places, wherever practical or appropriate.

(14) 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.

(15) Driveway access and grades shall be such that exiting and entering vehicles pose no threat to vehicles on the roadway. Driveway intersection design and grades shall be established by the Design Criteria and Construction Specifications.

(16) All right-of-way street widths and street pavements shall be established according to the Design Criteria and Construction Specifications.

(17) Wherever possible, streets should intersect at right angles and not intersect at angles of less than 75º.

(18) The grades of streets shall be in accordance with the Design Criteria and Construction Specifications, and such grades as submitted on the final plat shall be approved by the Commissioner prior to final approval by the Planning Board.

(19) The minimum radius of horizontal curves, minimum length of vertical curves and minimum length of tangents between reverse curves shall be in accordance with the Design Criteria and Construction Specifications, and said items shall be approved by the Commissioner prior to final approval of the final plat by the Planning Board.

(20) Private roadways shall be designed in accordance with the Design Criteria and Construction Specifications.

B. Dead-end streets.

(1) 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 208, Zoning.

(2) Reserve strips of land shall not be left between the end of a proposed street and an adjacent piece of property. However, the Planning Board may require the reservation of an easement for pedestrian traffic or utilities.

(3) A turnaround of a minimum right-of-way radius of 60 feet shall be provided at the end of any permanent dead-end street. The Planning Board in consultation with the Commissioner of Public Works may accept an alternative design for the turnaround, provided that it meets the needs of the Department of Public Works and any responding emergency providers.

(4) The length of permanent dead-end streets shall be determined by the Planning Board but is generally a maximum of six times the minimum lot width for the zoning district.

C. Standards for street design. All streets shall be designed and constructed to conform to the requirements set forth in the Design Criteria and Construction Specifications which is available under separate cover.

D. Street intersections. Street intersections shall be designed in accord with the Design Criteria and Construction Specifications.

E. Street grading and shoulders. Streets shall be graded and shoulders provided in accord with the Design Criteria and Construction Specifications.[2]

[2] Editor's Note: Said Criteria and Specifications are on file in the Town offices.

F. Sidewalks. Concrete or asphalt sidewalks shall be provided in any locations required by the Zoning Law, Chapter 208 of the Town Code of Perinton, and where they are deemed by the Planning Board to be useful in the interest of public safety or convenience. The Planning Board may require sidewalk easements to facilitate construction of future sidewalks should conditions necessitate their construction for public safety.

G. Trees. The subdivider shall take adequate measures to preserve desirable existing trees in suitable locations within the subdivision. In general, the street right-of-way shall be cleared of existing trees, but occasional existing trees of unusual value may be preserved within the street right-of-way if approved by the Planning Board. Where there are no existing trees, the Planning Board may direct the subdivider to plant up to two new trees per lot, of a size and type prescribed in the Design Criteria.

H. Street names and signs. All streets shall be named, and such names shall be subject to the approval of the Planning Board and Monroe County Office of Emergency Service. Names shall be sufficiently different in sound and spelling from other street names in the Town and those municipalities and post offices contiguous to the Town so as not to cause confusion. A street which is a continuation of an existing street shall bear the same name. Relating street names to features of local historical, topographical or other natural interest is encouraged.

I. Monuments. Permanent survey monuments shall be shown on the final plat and set in accordance with the Design Criteria and Construction Specifications.

J. General street improvements and utilities. In addition to the required improvements specifically referred to elsewhere in this chapter, subdivision plats shall provide for all other customary elements of street construction and utility service which may be appropriate in each locality, as determined by the Planning Board upon consultation with the Town Engineer. Such elements may include, but shall not be limited to, street pavement, gutters, catch basins, inlets, manholes, curbs, sidewalks, street lighting standards, water mains, fire hydrants, fire alarm signal devices and sanitary sewers. Underground utilities within the street right-of-way shall be located as required by the Commissioner of Public Works and/or the Town Engineer, and underground service connections to the property line of each lot shall be installed before the street is paved. All street improvements and other construction features of the subdivision shall conform to the Design Criteria and Construction Specifications and shall be subject to approval as to design, specifications and construction by the Commissioner of Public Works and/or the Town Engineer. Prior to installation of any underground utilities, such as telephone, electric, gas or cable television, a distribution plan shall be submitted and approved by the Commissioner of Public Works.

K. Widening of existing street right-of-way. Where a subdivision adjoins an existing street which does not conform to the right-of-way standards, the subdivider shall dedicate whatever additional right-of-way width is necessary to provide, on the subdivision 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.

L. Traffic safety. Traffic signs and safety devices shall be provided and installed in accordance with the Design Criteria and Construction Specifications and the NYSDOT Manual of Uniform Traffic Control Devices. Clearance of obstacles which could impair vision at the intersections, provisions of merging tapers, channelization, signalization, pullovers and turning areas, fire lanes and school bus stopping areas shall be provided where required by the Planning Board.

M. Highway frontage.

(1) To promote and protect the public health, safety and welfare, it shall be the policy of the Town to control the number of entrances and exits onto and off from state, county and Town highways.

(2) This policy is adopted toward the end that safer highways shall result, more cohesive neighborhoods shall be developed and abutting property owners shall not be unduly and unnecessarily inconvenienced in the future when it becomes necessary to widen highways to accommodate greater traffic flows.

(3) The Town Planning Board shall from time to time, as part of the process of approving sketches, maps, plots, plats or plans, require that the applicant grant to the Town such easements as are required to provide access to contiguous properties onto a public highway via frontage or service roads, common driveway or such other roadways as are required so that the number of entrances and exits onto and off from state, county and Town highways are not increased.

(4) It is also the policy to improve the aesthetics of development projects. Subdivisions may also be required to landscape entrances, construct berms or plant trees along major roadways.

§ 182-20 Drainage system; flood hazard; erosion control. [1]

A. Drainage systems. Storm drains, culverts, catch basins and other drainage structures shall be designed and installed in accordance with the Design Criteria and Construction Specifications. Such facilities shall be designed to prevent inundation and groundwater seepage. In general, these facilities shall be such that they would neither require regular maintenance by the Town nor have a potential for catastrophic failure. In areas where development occurs upland from potable water wells, a hydrogeologic study may be required.

B. Flood hazard prevention. Flood hazard prevention shall include the control of soil erosion of land surface and drainage channels and the prevention of inundation and excessive groundwater seepage by comprehensive site grading and the establishment of adequate elevations of buildings, building openings, site utilities and roadways above the observed, anticipated or computed water levels of storm sewers, streams, channels, floodplains, groundwater, detention basins and swales. Particular attention shall be paid to development in the vicinity of the canal, Irondequoit and Thomas Creeks and their floodplains; in general, no alteration of the existing characteristics of these areas shall take place. If alterations are proposed, the approval of the Town Engineer as to the adequacy of the protective measures taken, if any, and the effects of such development on upstream and downstream reaches of the watercourse and adjacent properties shall be required.

C. Erosion control. In order to ensure that the land can be developed without danger to health or peril from fire, flood or other menace, the Planning Board shall require the developer to follow certain erosion control practices as it deems necessary. Both the Planning Board and the developer shall consult with the Town Engineer and Commissioner of Public Works, as required, who will determine whether or not the required procedures are being put into practice. Such procedures may include:

(1) Exposing the smallest practical area of land at any one time during development.

(2) Provision of temporary vegetation and/or mulching to protect critical areas.

(3) Provision of adequate drainage facilities to accommodate effectively the increased runoff caused by changed soil and surface conditions during and after development.

(4) Fitting of the development plan to the topography and soils so as to minimize the erosion potential.

(5) Retention and protection of natural vegetation wherever possible.

(6) Installation of permanent final vegetation and structures as soon as practicable.

(7) Adequate areas and measures provided for stockpiling and redistributing topsoil.

(8) Provisions that show general conformance with Reducing the Impacts of Stormwater Runoff from New Development, as published by NYSDEC.

(9) Other guidelines, standards and requirements of the Design Criteria and Construction Specifications.

[1] Editor's Note: See also Chs. 138, Flood Damage Prevention, and 119, Erosion and Sediment Control.

§ 182-21 Utilities.

A. Water supply and sewage disposal. Water and sewer connection shall be provided to each lot. Provisions for water supply and sewage disposal shall comply with the requirements of the Monroe County Department of Health, the Monroe County Water Authority and/or the Town of Perinton. Design shall be in accord with the Design Criteria and Construction Specifications.

B. Underground installation. Since most utility companies are now equipped to make underground installation of their services, underground installation shall be required wherever practicable.

C. Private septic system limitation. Any residential development proposing private septic systems on lots less than one acre in size not subject to the limited development district restrictions must meet the following requirements, in addition to the approved private septic system:

(1) Development of one to four lots: Each dwelling unit shall include and construct the house line portion of a dry sewer system as defined herein at § 182-10.

(2) Proposed development of five or more lots or the fifth lot of a previous subdivision: The developer shall include and construct a complete dry sewer system as defined herein at § 182-10.

§ 182-22 Easements.

A. Easements within the subdivision shall be provided where required for storm drains, sanitary sewers, other utilities or pedestrian traffic and access for maintenance of utilities. The designation of any such easement on a subdivision plat shall constitute a dedication of the area affected for the purposes indicated thereon and shall constitute a restriction against the location of any building or conflicting use on such easement.

B. These easements shall be prepared prior to the approval of the detailed plan and be so written as to be contingent upon the Town's approval of said plan. The developers bear the responsibility for preparation of the easement maps and assuring their transfer to the Town and recording in the County Clerk's Office.

C. The Town reserves the right to require easements for anticipated future utilities where, in the opinion of the Town Board and/or Commissioner of Public Works, such easements are justified by the estimated rate of growth of the area in question.

D. Easements for natural watercourses and for constructed channels shall be provided as needed, with the required width based on the needed cross section of channel to pass the design flood, with such additional width as is needed for maintenance of said easement.

E. Other easements shall be required consistent with the requirements of the Design Criteria and Construction Specifications.

§ 182-23 Neighborhood parks and playgrounds.

[Amended 2-24-2010 by L.L. No. 1-2010; 12-18-2019 by L.L. No. 2-2020]

A. Pursuant to § 277 of the Town Law, subdivision plats shall show, in proper cases and when required by the Planning Board, suitable areas for neighborhood parks or playgrounds. Such parks shall be in conformity with the Parks and Recreation Comprehensive Plan.

B. When such recreation areas are required by the Planning Board, they shall be provided on the basis of at least three acres for every 100 families to be accommodated within the subdivision. They shall have physical characteristics and locations which render them readily usable for appropriate recreation purposes, and their locations shall be selected with a view to minimizing hazards from vehicular traffic for children walking between such facilities and their homes in the neighborhood. No such area may be smaller than two acres, and, in general, any recreation area of less than four acres shall be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided.

C. The subdivision plat shall include a detailed site development plan for each neighborhood park or playground. As a minimum, the site development plan shall provide for an approximately level area at least 175 feet square for children's field games. The site plan shall show how the entire area is to be graded, drained and landscaped to make it a useful and attractive feature of the neighborhood. All improvements shown on the site development plan shall be made by the subdivider as part of the required improvements of the subdivision as a whole.

D. If the Planning Board does not require the developer to provide recreation areas as above, it shall require the developer to pay a playground or recreation site and development fee at a rate per lot to be set by the Town Board. Such fee shall be paid to the Director of Building and Codes at the time of the issuance of a building permit for new residential construction. Such fees shall be paid over to the Town Clerk and shall be deposited by the Town Clerk in the Town of Perinton Recreation Account - Special Fund and shall be exclusively for the use of the Recreation Commission to purchase, acquire, develop and equip park, playground and other recreational areas.