In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth herein. These standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article VI herein.
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.
Conformity to Official Map and Town of Berne Comprehensive
Land Use Plan. Subdivisions shall conform to the Official Map of the Town
and shall be in harmony with the Town of Berne Comprehensive Land Use Plan,
if such exists.
C.
Specifications for required improvements. All required
improvements shall be constructed or installed to conform to the Town specifications,
which may be obtained from the Town Engineer.
A.
Width, location and construction. Streets shall be of
sufficient width, suitably located, and adequately constructed to conform
with the Town of Berne Comprehensive Land Use Plan, if such exists, 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 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. Where, in the opinion of the Planning 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.
Special treatment along major streets. When a subdivision
abuts or contains an existing or proposed major arterial street, the Board
may require marginal access streets, reverse frontage with screen planting
contained in a non-access 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.[1]
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 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.
F.
Dead-end streets. The creation of dead-end or loop residential
streets will be encouraged wherever the 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 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 footpath be included.
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 at 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 building
sites as possible at or above the grade of the streets. Grades of streets
shall conform as closely as possible to the original topography.
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. Streets shall have the following
widths (when not indicated on the Town of Berne Comprehensive Land Use Plan
or Official Map, if such exists, the classification of streets shall be determined
by the Board):
|
Minimum Right-of-Way Width
(feet)
|
Minimum Pavement Width
(feet)
| ||
|---|---|---|---|
|
Major Streets
|
66
|
24
| |
|
Collector Streets
|
60
|
24
| |
|
Local Streets
|
50
|
24
|
B.
Improvements. Streets shall be graded and improved with
pavements, curbs and gutters, sidewalks, storm drainage facilities, water
mains, sewers, street lights 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 requirements of standard thread and nut as specified
by the New York Fire Insurance Rating Organization and the Division of Fire
Safety of the State of New York.
(2)
Street lighting 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 the authorized Town electrical inspector.
C.
Utilities in streets. The Planning Board shall, wherever
possible, require that underground utilities be placed in the street right-of-way
between the paved roadway and street line 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
for such required utilities before the street is 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 at least 20 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.
E.
Grades. Grades of all streets shall conform in general
to the terrain, and shall not be less than 1/2% 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 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 twenty-foot
radius and curbs shall be adjusted accordingly.
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, the ground shall be
excavated to achieve visibility.
|
Sketch A
Visibility at street corners is a safety requirement.
|
|---|
 |
I.
Dead-end streets (cul-de-sacs). 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 60 feet and pavement radius of 50 feet. At the end
of temporary dead-end streets a temporary turnaround with a pavement radius
of 50 feet shall be provided, unless the Planning Board approves an alternate
arrangement.
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 the 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.
A.
Type of name. All street names shown on a preliminary
plat or subdivision plat shall be approved by the Planning Board. In general,
streets shall have names and not numbers or letters.
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.
Lots to be buildable. The lot arrangement shall be such that in constructing a building in compliance with Chapter 190, Zoning, there will be no foreseeable difficulties for reasons of topography or other natural conditions. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear.
B.
Side lines. All side lines of lots shall be at right
angles to straight street lines and radial to curved street lines, unless
a variance from this rule will give a better street or lot plan.
C.
Corner lots. In general, corner lots should be larger
than interior lots to provide for proper building setback from each street
and provide a desirable building site.
E.
Access from private streets. Access from private streets
shall be deemed acceptable only if such streets are designed and improved
in accordance with these regulations.
F.
Monuments and lot corner markers. 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 subdivision plat.
A.
Removal of spring and surface water. The subdivider may
be required by the Planning Board to carry away by pipe or open ditch 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.
B.
Drainage structure to accommodate potential development upstream. A culvert or other drainage facility shall, in each case, be large enough to accommodate potential run-off from its entire upstream drainage area, whether inside or outside the subdivision. The Town Engineer shall approve the design and size of the facility based on anticipated run-off from a ten-year storm under conditions of total potential development permitted by Chapter 190, Zoning, in the watershed.
C.
Responsibility from drainage downstream. The subdivider's
engineer shall also study the effect of each subdivision on the existing downstream
drainage facilities outside the area of the subdivision; this study shall
be reviewed by the Town Engineer. Where it is anticipated that the additional
run-off incident to the development of the subdivision will overload an existing
downstream drainage facility during a five-year storm, the Planning Board
shall notify the Town Board of such potential condition. In such case, the
Planning Board shall not approve the subdivision until provision has been
made for the improvement of said condition.
D.
Land subject to flooding. Land subject to flooding or
land deemed by the Planning Board 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 Planning Board to remedy said hazardous conditions.
A.
Recreation areas shown on Town of Berne Comprehensive Land Use Plan. Where a proposed park, playground or open space shown on the Town of Berne Comprehensive Land Use Plan is located in whole or in part in a subdivision, the Board shall require that such area or areas be shown on the plat in accordance with the requirements specified in Subsection B below. Such area or areas may be dedicated to the Town or county by the subdivider if the Town Board approves such dedication.[1]
B.
Parks and playgrounds not shown on Town of Berne Comprehensive
Land Use Plan.[2]
(1)
The Planning Board shall require that the plat show sites
of a character, extent, and location suitable for the development of a park
or recreation area or the preservation of open space. The Planning Board may
require that the developer satisfactorily grade any such recreation areas
shown on the plat.
(2)
The Board shall require that not less than three acres
of recreation space be provided per 50 dwelling units shown on the plat. However,
in no case shall the amount be more than 10% of the total area of the subdivision.
Such area or areas may be dedicated to the Town by the subdivider if the Town
Board approves such dedication. Appropriate legal measures should be taken
to assure that such land can never be developed for other than the specified
purposes.
C.
Information to be submitted. In the event that an area
to be used for a park, recreation area or open space is required to be shown,
the subdivider shall submit, prior to final approval, to the Board, three
prints (one on permanent reproducible material) drawn in ink showing, at a
scale of not less than 30 feet to the inch, such area and the following features
thereof:
(1)
The boundaries of the area, giving lengths and bearings
of all straight lines; radii, lengths, central angles and tangent distances
of all curves.
(2)
Existing features such as brooks, ponds, clusters of
trees, rock outcrops, structures.
(3)
Existing and, if applicable, proposed changes in grade
and contours of the area and of the area immediately adjacent.
D.
Waiver of plat designation of area for parks and open
spaces. In cases where the Planning Board finds that due to the size, topography,
or location of the subdivision, land for park, open space or other recreational
purpose cannot be properly located therein, or if in the opinion of the Board
it is not desirable, the Board may waive the requirement that the plat show
land for such purposes.
E.
Reserve strips prohibited. Reserve strips of land, which
might be used to control access from the proposed subdivision to any neighboring
property, or to any land within the subdivision itself, shall be prohibited.
F.
Preservation and protection of natural areas. The Planning
Board shall designate to the subdivider/developer what natural or unique features
shall be preserved and/or protected, including, but not limited to large trees
or groves, watercourses and falls, wetland, beaches, unique and interesting
geological formations, historic or archaeological sites, vistas and similar
irreplaceable assets. The following standards shall be adhered to:
(1)
Vegetation. No tree with a diameter of eight inches or
more as measured four feet above the base of the trunk shall be removed unless
such tree is within the right-of-way of a street as shown on the final plat.
Removal of additional trees shall be subject to the approval of the Planning
Board. In no case, however, shall a tree with a diameter of eight inches or
more as measured four feet above the base of the trunk be removed without
prior approval by the Planning Board.
(2)
Soil limitations. When land with moderate and severe
soil limitations as shown by interpretive data on file with the Albany County
Soil and Water Conservation District is subdivided, such subdivision shall
be carried out in such a way that no detrimental effect will occur to persons
or property of any land owner.
(3)
Soil stability. Building or other permanent facilities
are to be confined to soils that are not subject to slippage or other conditions
of soil instability. Such instability shall be determined by on-site review
by the Board or persons designated by it. Any report submitted by the subdivider
showing conditions other than those determined by the Board shall be prepared
by a professional engineer experienced in the soil mechanics of the area.
(4)
Flooding. Floodplains, as indicated by an area expected
to be flooded by a one-hundred-year-frequency storm, are to be reserved for
uses that are consistent with their natural functions to minimize the danger
to life and property.
(5)
Water resources areas. The environmental quality of water,
lakeshores, streams and springs is to be conserved. Land use is to be planned
so as to maintain or enhance the quantity of water resources. Significant
recharge areas and Karst features, such as sinkholes, must be protected.
(6)
Freshwater wetlands. If any freshwater wetlands lie within
the boundaries of the proposed subdivision or within 100 feet of the proposed
subdivision, the subdivider must comply with the requirements of the New York
State Freshwater Wetlands Act and the local laws of the Town pertaining to
freshwater wetlands, if such local law exists. Such compliance must be stated
on the preliminary and final plats before they can be approved by the Board.
(7)
Open space. Open space which results from either (1) a cluster development or (2) from reservations of floodplains, preservation of wetlands, or other natural feature areas or sites shall, wherever possible, form a connected open space system within the development, and be integrated into any open space system outside the development. Areas developed as parks or recreation areas according to § 170-19 may be developed in conjunction with the open space system described above, provided land suitable for park or recreation use is contained therein. When land other than land contained in the open space system is dedicated for park or recreation purposes, this land shall, wherever possible, be connected to the open space system.
(8)
Other unique areas. Unique areas, including geological,
ecological, archaeological and historical sites, will be adequately protected
from overuse or damage resulting from the effects of the proposed subdivision.
Areas so designated will blend appropriately with other areas of the subdivision.
In each major subdivision, not having a communal or municipal water
system, the Planning Board shall require a water supply system for fire protection
consisting of dry hydrants (as defined by NFPA) and a water source. The water
source may be a stream having a minimum flow of 250 gallons per minute at
all times, a cistern having a minimum capacity of 3,000 gallons, or a pond
having a minimum capacity of 50,000 gallons. The pump sites shall be located
at least 75 feet, but no more than 1,000 feet, from each building to be protected.
The maximum distance from pump sites to an all-weather road shall be 50 feet,
and maximum lift shall be 15 feet. Any stream or pond used for fire protection
may be part of a park, recreation area, open space or natural area. All plans
shall utilize standards and specifications available from the Albany County
Soil and Water Conservation District.
