[Added 2-9-2004 by L.L. No. 1-2004]
The purpose of this article is to provide for
safe and efficient travel along public roads in the Village of Springville
and to prevent the adverse social and aesthetic impacts associated
with strip road frontage development, and promote development which
harmonizes with the objectives of the Village of Springville by providing
clear and consistent access management standards for the development
of properties abutting public roads. This article is enacted pursuant
to the authorization provided by Article 7 of the Village Law of New
York State.
This article shall apply to all properties abutting
public roads or with direct access or common connections to public
roads within the boundaries of CIP Districts created by this chapter.
The provisions of this article may also be considered and applied
as deemed appropriate by the Planning Board in any site plan review
associated with the use or modification of use of real property in
any other zoning district of the Village of Springville.
The location and design of driveways and other
site layout, parking and access management conditions shall conform
to all federal, state, and local requirements, including and not limited
to those established in this article. Further, the requirements of
this article are not to be substituted for the zoning subdivision
and site plan approval provisions provided in this chapter or any
other chapter of the Code of the Village of Springville but are to
be superimposed over such provisions and should be considered as additional
requirements.
Words used in this article if needing further
definition beyond their usual and ordinary meanings shall be given
their meanings as used in standard highway construction and safety
reference manuals and regulations of the New York State Department
of Transportation unless otherwise defined in this chapter. The following
words when used in this article shall have the following meanings:
A way or means of approach to provide vehicular or pedestrian
entrance or exit to a property.
Any driveway, street, turnout, or other means of providing
for the movement of vehicles to or from the public road system or
between abutting sites.
The process of providing and managing reasonable access to
land development while preserving the flow of traffic in terms of
safety, capacity, and speed.
A building or other improvement to which vehicle access is
managed by the provisions of this article.
The distance from an intersection of a public or private
road to the nearest access connection, measured from the closest edge
of the driveway pavement to the closest edge of the road pavement.
A service road or driveway providing vehicular access between
two or more contiguous sites so a vehicle need not enter the public
road system.
Any entrance or exit used by vehicular traffic to or from
land or buildings abutting a road.
A driveway connecting two or more contiguous properties to
the public road system.
The area beyond the physical intersection of two roads that
comprises decision and maneuver distance plus any required vehicle
storage length.
A system used to group public roads into classes according
to their purpose in moving vehicles and providing access to abutting
properties.
Features of the access system of a property that existed
prior to the effective date of this article and that do not conform
with the requirements of this article.
A weighted average vehicle trip generated rate during the
hour of highest volume of traffic entering and exiting the site in
the morning (a.m.) or the afternoon (p.m.).
The minimum number of access connections, direct or indirect,
necessary to provide safe access to and from a public road, as consistent
with the purpose and intent of this article and any other applicable
plans and policies of the Village of Springville.
A physical barrier in the roadway that separates traffic
traveling in opposite directions, such as a concrete barrier or landscaped
island.
A way for vehicular traffic, whether designated as a "street,"
"highway," "thoroughfare," "parkway," "through-way," "avenue," "boulevard,"
"lane," "cul-de-sac," "place," or otherwise designated, and includes
the entire area within the right-of-way.
A road serving comparatively large volumes of high-speed
(45 miles per hour or greater), long-distance or through traffic and
which also provides access to abutting properties.
A road which provides access to abutting properties and which
links development roads, collector roads, or other local roads to
major traffic roads.
A road which is specifically constructed or intended to provide
access to abutting properties for residential purposes or other high-density
uses as determined by the underlying zoning.
A public or private road, auxiliary to and normally located
parallel to a controlled-access facility, that maintains local road
continuity and provides access to properties adjacent to the controlled-access
facility.
Provision of direct access to a road until that time when
adjacent properties develop in accordance with a joint access agreement
or frontage road plan.
The length of a driveway from the road to the parking area;
or the length of a collector road from the road to another collector
road or service road, or the length of a service road from the road
to another service road or collector road.
A.
Access requirements.
(1)
General.
(a)
The site layout, location and design of driveways,
parking, and other access management requirements should be based
on full permissible development of a property.
(b)
Driveways should be limited to one per property.
More than one driveway may be permitted if:
(c)
Driveways to properties with frontage on two
or more roads shall be provided to the road with the lowest functional
classification serving the proposed use of the property.
(d)
Properties with frontage on two or more roads
do not have the right to driveways to all roads.
(e)
Driveways may be required to be located so as
to provide shared driveways and/or cross-access driveways with an
abutting property or properties.
[1]
Shared driveways and/or cross-access driveways
shall be of sufficient width (minimum 20 feet) to accommodate two-way
travel for automobiles and service and loading vehicles. Wider driveways
may be required to serve traffic to major traffic generators and/or
large vehicles.
[2]
Shared driveways, cross-access driveways, interconnected
parking, and private roads constructed to provide access to properties
internal to a subdivision shall be recorded as an easement and shall
constitute a covenant running with the land. Operating and maintenance
agreements for these facilities shall be recorded with the deed.
(2)
Driveway spacing standards.
(a)
Driveway spacing standards shall apply to driveways
located on the same side of a road.
(b)
Driveway spacing is to be measured along the
road from the closest edge or curbline of the driveway pavement to
the closest edge or curbline of the next driveway.
(c)
Driveways shall be located so as to meet or
exceed the driveway spacing standards shown in Table 1.
|
Table 1
Minimum Driveway Spacing Standards
| ||||
|---|---|---|---|---|
|
Development Size in Peak-Hour Trips (PHT)
| ||||
|
Road Type
|
Small
|
Moderate
|
Large
| |
|
0-150 PHT
|
151-300 PHT
|
greater than 300 PHT
| ||
|
Arterial
|
330 feet
|
440 feet
|
550 feet
| |
|
Collector
|
220 feet
|
330 feet
|
440 feet
| |
|
Access or development
|
60% of the minimum lot width requirement
| |||
[1]
PHI (peak-hour trips) will be determined through
application of the most current Institute of Transportation Engineers
Trip Generation methods and statistics. In general, the determination
of peak-hour trips is obtained by multiplying the average vehicle
trip end rate for the proposed development during the am. or p.m.
peak hour of adjacent road traffic, whichever is greater, times the
appropriate multiplier for the development as determined by the type
and scale of development. Another methodology or other statistics
for determination of peak-hour trips may be used with permission from
the Village Planning Board.
[2]
PHT (peak-hour trips) should be based on full
build-out of the property.
[3]
The larger of the minimum driveway spacing standards
for the proposed development or for existing developments at abutting
properties will apply. Driveways for in-fill development must meet
the driveway spacing standards to abutting properties on both sides.
(3)
Corner clearance.
(a)
Corner clearance is to be measured along the
road from the closest edge or curbline of the driveway pavement to
the closest edge or curbline of the road pavement.
(b)
Where road widening is planned or anticipated,
corner clearance should be increased to provide for the width of the
additional lane or lanes.
(c)
Driveways for corner properties shall meet or
exceed the minimum corner clearance requirements as specified in Table
2.
|
Table 2
Minimum Corner Clearance Requirements
| ||
|---|---|---|
|
Type of Driveway
|
Minimum Clearance
(feet)
| |
|
Partial access: right turns in and/or out only
|
110
| |
|
Full access: all directional movements
|
220
| |
(4)
Driveway location.
(a)
Driveway location will be based on a site plan
which has been approved by the Village Planning Board in consultation
with the Village Engineer and Superintendent of Public Works.
(b)
For the purpose of driveway locations, restrictive
median openings shall be treated as intersections and driveways to
properties opposing a median opening shall be located so as to exceed
the minimum corner clearance standards. This requirement shall be
waived where the median opening is specifically constructed or reconstructed
to provide vehicular access to such properties.
(c)
Driveways shall be located so as to meet or
exceed the minimum driveway spacing standards and the minimum corner
clearance standards.
(d)
The Village Planning Board may allow the location
of driveways at less than the minimum driveway spacing standards or
corner clearance standards if:
[1]
A dual-driveway system, cross driveway system
or shared driveway is proposed and this improves the safe and efficient
movement of traffic between the property and the road; or
[2]
A driveway or driveways could be located so
as to meet the minimum driveway spacing standards and corner clearance
standards, but the characteristics of the property or the physical
or operational characteristics of the road are such that a change
of location will improve the safe and efficient movement of traffic
between the property and the road; or
[3]
Conformance with the driveway spacing standards
or corner clearance standards imposes undue and exceptional hardship
on the property owner that outweighs the essential purposes of this
article.
(e)
For properties unable to meet the minimum driveway
spacing standards or corner clearance standards, a temporary access
may be granted.
(f)
For properties unable to meet the minimum corner
clearance requirements, driveways shall be located as far as practicable
from the intersection. In such cases, driveway movement may be restricted
and only one driveway will be permitted along the road frontage not
meeting the minimum corner clearance requirement.
(g)
Proper alignment of a driveway with another
driveway or road situated or likely to be situated across the road
being accessed shall be given consideration by the Planning Board
in the site plan approval process.
(5)
Driveway design.
(a)
Driveways shall be designed so as to provide
for the safe and efficient movement of traffic between the roadway
and the site, and to eliminate the potential for the queuing of vehicles
along the roadway due to congestion in or at the driveway.
(b)
Vehicle circulation systems on the site shall
be designed so as to provide for the safe and efficient movement of
traffic between the driveway and the site.
(c)
Driveway width, flare, radii, throat length,
internal circulation systems, and other design elements for driveways
to developments generating more than 150 peak-hour trips shall be
based upon traffic, engineering and design data provided by a traffic
engineer/consultant who is recognized and accepted by the Village
Planning Board. In the event that a traffic engineer/consultant is
not provided, the Village shall have the right to retain such traffic
engineer/consultant at the cost of the applicant.
(6)
Driveways and roadway and access connections shall be subject to and comply with Chapter 150 of the Village Code.
(a)
Driveway movements (cross, left turn in, left
turn out, right turn in, and right turn out) may be restricted so
as to provide for the safe and efficient movement of traffic between
the road and the property.
(b)
Each driveway is to be designed and constructed
to provide only the allowable movements and physically discourage
prohibited movements.
(7)
Interconnection of parking areas.
(a)
Adjacent properties may be required to provide
a cross-access driveway and pedestrian access to facilitate circulation
between sites.
(b)
Shared parking is encouraged. Shared parking
shall be permitted a reduction in required parking spaces if peak
parking demand periods at interconnected developments do not occur
at the same time.
(c)
On-site vehicular circulation systems shall
be designed so as to facilitate use of cross-access driveways.
(d)
Cross-access driveways shall be recorded as
an easement and shall constitute a covenant running with the land.
Operating and maintenance agreements for these facilities shall be
recorded with the deed.
B.
Intersection spacing.
(1)
Intersection spacing shall be measured from the center
line of the proposed connecting roadway to the center line of the
next connecting roadway or to the center line of a signalized driveway,
whichever is closest.
(2)
Minimum intersection spacing standards are established
so as to provide for efficient movement of traffic. Minimum intersection
spacing shall be as set out in Table 3.
|
Table 3
Minimum Intersection Spacing Standards
| |||
|---|---|---|---|
|
Road Type
|
Signalized Intersection
(feet)
|
Unsignalized Intersection
(feet)
| |
|
Arterial
|
2,640
|
1,320
| |
|
Collector
|
2,640
|
1,320
| |
|
Development
|
1,320
|
660
| |
(3)
Maximum intersection spacing standards are provided
to ensure an orderly pattern of land-use development and the creation
of a safe and efficient traffic circulation system serving development.
(a)
The establishment of intersections at locations
at less than the maximum spacing standard shall be applied as an element
of the site plan review process, or as part of the subdivision approval
process, or prior to subdivision or site plan approval on the Village
Official Map.
(b)
Maximum intersection spacing shall be as set
out in Table 4.
|
Table 4
Maximum Intersection Spacing Standards
| ||
|---|---|---|
|
Road Type
|
Approximate Spacing
(feet)
| |
|
Arterial
|
5,280
| |
|
Collector
|
2,640
| |
|
Access or development
|
1,320
| |
C.
Medians and median openings.
(1)
The type, location and length of medians on public
roads shall be determined by the entity having jurisdiction over such
roads. This determination will be made in consultation with the Village
Planning Board and will be based on existing and projected traffic
conditions; the type, size, and extent of development and traffic
generated by development; traffic control needs; and other factors.
(2)
The minimum spacing between median openings shall
be as shown in Table 5.
(3)
Median openings intended to serve development must
meet or exceed the minimum median opening spacing standards and must
also be justified by a traffic impact analysis approved by the entity
having jurisdiction over such roads, in consultation with the Village
Planning Board or by the Village Planning Board where driveways are
proposed to connect to Village roads. The cost of preparation of the
traffic impact analysis and construction of the median opening or
openings, including installation and operation of signals and other
improvements where warranted shall be borne by the applicant.
|
Table 5
Minimum Median Spacing Standards
| |||
|---|---|---|---|
|
Median Opening Type
| |||
|
Posted Speed
|
Restrictive
(limited directional movement)
|
Nonrestrictive
(all directions)
| |
|
Less than 45 mph
|
660 feet
|
1,320 feet
| |
|
45 mph or more
|
1,320 feet
|
2,640 feet
| |
D.
Large developments.
(1)
Large developments are developments which generate
more than 300 peak-hour trips. For purposes of this subsection, large
developments shall include residential and mixed-used subdivisions
whose combined trip generation from all properties exceeds 150 peak-hour
trips and such other uses as will in the opinion of a qualified transportation
engineer detrimentally impact the safe and efficient movement of traffic.
(2)
Large developments shall be required to mitigate the
traffic impacts of their development. Required mitigation may include
but is not limited to the construction of signals, turning lanes,
medians, combined and shared driveways, and service or access roads
as well as implementation of transit improvements and/or traffic demand
management strategies.
(3)
Required mitigation will be established by the Village
Planning Board through a SEQRA review and/or transportation impact
study (TIS) as determined by the Village Planning Board.
(4)
It shall be the developer's responsibility to provide
the SEQRA review and/or transportation impact study, as directed by
the Village Planning Board.
(5)
It shall be the developer's responsibility to provide
the required mitigation.
(6)
Phased mitigation may be allowed where phased development
is proposed.
E.
Subdivisions.
(1)
Planned access shall be provided for properties which
are the result of subdivisions occurring after the effective date
of this article.
(2)
Planned access shall address the provisions of this
article, other state and local requirements, and the following:
(a)
Properties which are the result of a subdivision
do not have the right of individual and exclusive access to state
and local roads. The number of driveways or other connections shall
be the minimum number necessary to provide reasonable access to these
properties, not the maximum available for the frontage.
(b)
Access shall be provided to the road with the
lowest functional classification serving the proposed development.
(c)
Access should be internalized. Access to properties
within a subdivision should be obtained from an access road or interior
road.
(d)
If the property which is proposed to be subdivided
has frontage on two or more roads, internal properties should share
access to such roads.
(e)
The access system for the proposed subdivision
should be coordinated with existing, proposed and planned roads outside
the subdivision.
(3)
Shared driveways, cross-access driveways, interconnected
parking, and private roads constructed to provide access to properties
internal to a subdivision shall be recorded as an easement and shall
constitute a covenant running with the land. Operating and maintenance
agreements for these facilities shall be recorded with the deed.
F.
Changes in access.
(1)
Conditional requirements, for developments taking
place after the effective date of this article.
(a)
The Village Planning Board may establish provisions
for and require future alteration of the property layout, the location
and design of driveways, parking, and other access features based
on phased development, additional development or a change in use of
a property, or development of or a change in use at an abutting property.
(b)
On completion of a side, access or service road
abutting a property with a driveway connection to a major traffic
road, the Village Planning Board may require a driveway or driveways
to the side, access or service road and closure of the driveway connection
to the major traffic road.
[1]
The Village Planning Board may waive this requirement
if:
[a]
The property shares a driveway
or dual-driveway system to the major traffic road with an adjacent
property or properties: and/or
[b]
Driveway movements from the driveway
to the major traffic road are restricted or the Village Planning Board
determines that road improvements are warranted and the property owner
agrees to construct such improvements.
(c)
For any change or upgrade of use on a property
which requires a Village permit or approval and increases peak-hour
trips, the Village Planning Board may:
[1]
Require the closure and relocation or consolidation
of driveways so as to meet the minimum driveway spacing standard for
the new level of peak-hour trips;
[2]
Require shared driveways and cross-access driveways
with abutting properties; and
[3]
Impose property layout and parking requirements
which allow for the circulation of traffic between abutting properties.
(2)
Nonconforming access.
(a)
When a property owner of a property with an
existing nonconforming driveway or driveways, as of the effective
date of this article, applies for a permit to upgrade or change the
use of the property, the Village Planning Board shall determine whether
it is necessary and appropriate to retrofit the existing driveway
or driveways.
(b)
The property owner may be required to establish
a satisfactory retrofit plan. The objectives of the retrofit plan
will be to minimize the traffic and safety impacts of development
by bringing the number, spacing, location, and design of driveways
into conformance with the standards and requirements of this article,
to the extent possible without imposing an undue or inequitable hardship
on the property owner that outweighs the essential purposes of this
article. The retrofit plan may include:
[1]
Elimination of driveways;
[2]
Realignment or relocation of driveways;
[3]
Provision of shared driveways and/or cross-access
driveways;
[4]
Reversal of access (e.g., installation of a
driveway to a rear access road);
[5]
Restriction of vehicle movement (e.g., elimination
of left turns in and out);
[6]
Relocation of parking;
[7]
Traffic demand management (e.g., a reduction
in peak-hour trips);
[8]
Signalization; and
[9]
Such other changes as may enhance traffic safety.
(c)
The requirements of the retrofit plan will be
incorporated as conditions to the permit for the change or upgrade
of use, and the property owner shall be responsible for all costs
connected with the planning, design, construction and approval of
the retrofit.
G.
Incentives.
(1)
In order to ensure the safe and efficient movement
of traffic along a road and between the road and properties abutting
the road, shared driveways, cross-access driveways, access and service
roads, internal circulation systems, and interconnected parking are
encouraged.
(2)
The Village Planning Board may grant a property owner
adjustments to the permissible bulk, area and coverage requirements,
including setbacks, density, area, height, or open space otherwise
required in the zoning district, when such property owner elects to
provide and maintain shared driveways, cross-access driveways, access
and service roads, internal circulation systems or interconnected
parking.
(3)
The Village Planning Board reserves the authority
to determine, in its discretion, the adequacy of the access management
amenities to be accepted and the particular bonus or incentive to
be provided to a property owner.
H.
Variance standards.
(1)
The granting of a variance shall be in harmony with
the purpose and intent of this article and shall not be considered
until every reasonable option for meeting the provisions of this article
is explored or unless the variance is in the public interest.
(2)
Applicants for a variance must provide proof of unique
or special conditions that make strict application of the provisions
of this article impractical. This shall include proof that:
(a)
Indirect or restricted access cannot be obtained;
and
(b)
No reasonable engineering or construction solution
can be applied to mitigate the condition; and
(c)
No reasonable alternative access is available
from a road with a lower functional classification than the primary
road; or
(d)
The variance is in the public interest.
(3)
Under no circumstances shall a variance be granted
unless not granting the variance would deny all reasonable access,
endanger public health, welfare or safety, or cause an exceptional
and undue hardship on the applicant that outweighs the essential purposes
of this article. No variance shall be granted where such hardship
is self-created.
