A.
Where a proposed park, playground, school or other public
use shown in the Master Plan is located in whole or in part in a subdivision,
the Planning Board may require the dedication or reservation of such area
within subdivision in those cases in which the Board deems such requirements
to be reasonable.
B.
Where deemed essential by the Planning Board, upon consideration
of the particular type of the development proposed in the subdivision, and
especially in large-scale neighborhood unit developments not anticipated in
the Master Plan, the Board may require the dedication and reservation of such
other area or sites of a character extent and location suitable to the needs
created by such development for schools, parks, water plants, sewer treatment
plants and other community purposes.
C.
As a condition of final approval of the subdivision plat,
the developer shall set aside 10% of the site for the provision of park and/or
recreational facilities. If provision of such facilities, within the judgment
of the Planning Board, is impractical because of the particular layout of
the development or for other reasons, a recreation fee of $300 per subdivision
lot shall be submitted prior to final approval of the subdivision plat, unless
such other terms and conditions regarding payment of said fee are entered
into between the developer and the Planning Board.
The Planning Board may require the planting of trees, specifying the
kind, size and location of such trees, or the Board may require the removal
of existing trees or shrubbery.
[Amended 1-7-2004 by L.L. No. 2-2004]
The applicant's engineer shall prepare the design plans and special
specifications, if required, for all public improvements required for the
final development of the subdivision. Design plans for all public improvements
and infrastructure are subject to the review of the Town Engineer and review
and approval of the Highway Superintendent and shall be designed in accordance
with all applicable provisions of this Code, including Chapter A127, Street
and Highway Specifications, and cited references.
The Planning Board shall, wherever possible, establish the preservation
of all natural features which add value to residential and commercial developments
and the community, such as large trees or growths, watercourses and falls,
historic spots, vistas and similar irreplaceable assets.
A.
Conformity to the Master Plan and Official Map. The arrangement,
character, extent, width, grade and location of all streets shall conform
to the Master Plan and to the Official Map, if any, and shall be considered
in their relation to other existing and planned streets, to topographical
conditions, to public convenience and safety and in their appropriate relation
to the proposed uses of land to be served and/or abutted by such streets.
B.
Where such is not shown in the Master Plan, the arrangement
of streets in a subdivision shall either:
(1)
Provide for the continuation or appropriate projection
of existing streets in surrounding areas; or
(2)
Conform to a plan for the neighborhood approved or adopted
by the Planning Board to meet a particular situation where topographical or
other conditions make continuance of or conformance to existing streets impracticable.
C.
Laying of minor streets. Minor streets shall be so laid
out that their use by through traffic will be discouraged.
D.
Marginal access streets where subdivision abuts or contains
arterial street. Where a subdivision abuts or contains an existing or proposed
arterial street, 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 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.
E.
Where a subdivision borders on or contains a 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, 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.
F.
Reserve strips controlling access to streets, water plants,
sewage treatment plants or to other land dedicated or to be dedicated to public
use shall be prohibited except where control of such strips is definitely
placed in the Town under conditions approved by the Planning Board.
G.
Street jogs. Street jogs with center-line offsets of
less than 125 feet shall be avoided.
H.
Tangents. A tangent of at least 100 feet long shall be
introduced between reverse curves on arterial and collector streets.
I.
Curb radii where connecting street lines deflect. When
connecting street lines deflect from each other at any one point by more than
10°, they shall be connected by a curve with a radius at the inner street
line of not less than 250 feet for minor and collector streets and of such
greater radii as the Planning Board shall determine for special cases.
J.
Street intersections. Streets shall be laid out so as
to intersect as nearly as possible at right angles, and no street shall intersect
any other street at less than 75°. Any change in street alignment to meet
this requirement shall occur at least 100 feet from the intersection.
K.
Radius of property at intersections. The Planning Board
may require that property lines at street intersections shall be rounded with
a radius of 10 feet or such greater radius when the Planning Board may deem
such necessary. The Board may permit comparable cutoffs or chords in place
of rounded corners.
L.
Curb radii at intersections. Curb radii at street intersections
shall be not less than 20 feet.
N.
Length of dead-end streets. Dead-end streets designed
to be such permanently shall not be longer than 400 feet, unless otherwise
authorized by the Planning Board.
O.
Turnarounds at dead ends. Dead-end streets shall be provided
at the closed end with a turnaround having an outside roadway diameter of
at least 121 feet and a street property line diameter of at least 150 feet.
All turnarounds or culs-de-sac shall be designed to be completely paved so
that there is no island in the middle of the circle and so that pavement drains
from the middle of the circle to the outside edges.
P.
Half streets. Half streets shall be prohibited except
when essential for the reasonable development of the subdivision in conformity
with the other requirements of these regulations, and, where the Planning
Board finds it will be practicable to require the dedication of the other
half street which is adjacent to a tract to be subdivided, the other half
of the street shall be plotted within such tract.
Q.
Street improvements. Street improvements shall be provided
continuously from the existing improved street system up to and along the
entire frontage of each lot upon which a dwelling is to be built. For corner
lots, all street improvements shall be provided on the side street to the
rear lot line of each corner lot upon which dwelling is to be built.
S.
Trees. Except for expressly provided by the Planning
Board, no trees shall be planted or permitted to remain within the street
right-of-way.
T.
Street names. Street names will be chosen only after
a careful study of street names in the Town to prevent duplication and phonetic
conflicts. Street names shall be subject to the approval of the Town Board.
U.
Conveyance of streets, infrastructure and rights-of-way
to the Town of Boston.
[Amended 1-7-2004 by L.L. No. 2-2004]
(1)
Upon approval of the final subdivision plat, successful
installation of all subgrade utilities and infrastructure to a minimum of
three feet beyond the right-of way for each subdivided property and the construction
of all streets in accordance with the design standards outlined with this
Code, the developer shall convey to the Town of Boston by warranty deed, all
streets, infrastructure and right-of-way situated thereon. All conveyances
to the Town of Boston shall be insured by a fee policy of title insurance
purchased by the subdivider.
(2)
The developer is responsible for routine cleaning and
maintenance of all infrastructure and right-of-way within the subdivision
for a period of two years after conveyance to the Town of Boston. Such duties
shall include, but not be limited to, seeding, watering, fertilizing, establishment
of healthy grass or other approved ground cover, mowing and maintenance, and
cleanout of subgrade structure and closed drainage systems.
A.
Required in business districts; exception. Alleys shall
be provided in business districts, except that the Planning Board may waive
this requirement where other definite and assured provision is made for service
access, such as off-street loading, unloading and parking, consistent with
and adequate for the uses proposed.
B.
Width. The width of any alley shall not be less than
24 feet.
C.
Intersections, sharp changes in alignment to be avoided.
Alley intersections and sharp changes in alignment shall be avoided, but where
necessary shall be provided with sufficient corner cutoffs to permit safe
vehicular movement.
D.
Dead ends; adequate turnarounds. Dead-end alleys shall
be avoided where possible, but, if unavoidable, such alleys shall be provided
with adequate turnaround facilities at the dead end, as determined by the
Planning Board.
A.
Provision for utilities. Easements across lots or centered
on rear or side lot lines shall be provided for utilities where deemed necessary
by the Planning Board and shall be of a width deemed necessary by the Planning
Board. Such easements shall be at least 12 feet wide.
B.
Surface drainage easements. Drainage easements set forth
on the subdivision map shall be for the benefit of the owners of the property
within the subdivision, and the benefit derived from such easements shall
be for property owners only. The Town of Boston assumes no responsibility
for maintenance of such easement, and an endorsement to that effect shall
be contained on a map filed in the Erie County Clerk's office.
C.
Stormwater easements.
(1)
Where a subdivision is traversed by a watercourse, drainageway,
channel or stream, there shall be provided a stormwater easement of at least
20 feet in width for drainage right-of-way, conforming substantially with
the lines of such watercourse, including its side banks, and such further
width or construction, or both, as will be adequate for the purpose of maintenance.
Parallel streets or roads may be required in connection therewith for access.
(2)
Where storm sewers or ditches may be required to discharge
across an adjacent property in order to drain into a natural watercourse or
watershed in which the subdivision lies, the subdivider shall secure an easement
from the adjacent property owners to assure uninterrupted discharge of drainage
water from the subdivision. Such easement shall be of a dimension required
by the Planning Board.
A.
The lengths, widths and shapes of blocks shall be determined
with due regard to:
B.
General length restrictions. Block lengths generally
shall not exceed 1,600 feet nor be less than 400 feet.
C.
Intersections with arterials. Intersections with arterial
streets shall be held to a minimum and preferably spaced at least 1,000 feet
apart.
D.
Crosswalks. Pedestrian crosswalks not less than 10 feet
wide shall be required where deemed essential to provide circulation or access
to schools, playgrounds, shopping centers, transportation and other community
facilities.
A.
General dimension requirements. The lot size, width,
depth, shape and 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.
C.
Extra width on corner lots. Corner lots for residential
use shall have extra width to permit specified building setbacks from and
orientation to both streets.
D.
Side lot lines. Side lot lines shall be substantially
at right angles or radial to street lines.
E.
Access to street. The subdividing of land into lots shall
be such as to provide, by means of a public street, each lot with satisfactory
access to an existing public street.
F.
Double and reverse frontage lots. Double frontage and
reverse frontage lots should be avoided except where essential to provide
separation of residential development from traffic arteries or to overcome
specific disadvantages of topography and orientation.
G.
Lands subject to flooding. Lands subject to flooding
shall not be platted for residential occupancy nor for such other uses as
may increase danger to life or property or aggravate the flood hazard.
H.
Large parcels of land. In case a tract of land is subdivided
into larger parcels than normal building lots, such parcels shall be arranged
so as to allow the opening of future streets and logical further resubdivision.
