The Planning Board, in considering an application for the subdivision
of land, shall be guided by the following considerations and standards.
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 Comprehensive Plan. Subdivisions
shall conform to the streets and parks shown on the Official Map of the town
as may be adopted and shall be properly related to the Town Comprehensive
Plan as it is developed and adopted by the Town Planning Board.
A.
Streets. The following regulations shall govern the layout
of streets:
(1)
Subdivisions shall be so designed as to provide a street
pattern which is curvilinear in design. The design of the street pattern shall
be based upon a local residential or minor street pattern connected to a residential
collector street system.
(2)
The arrangement of streets in new subdivisions shall
make provision for the continuation of existing streets in adjoining areas
or for their proper protection where adjoining land is not subdivided at the
same or greater width insofar as such may be deemed necessary for public requirements.
(3)
Local residential streets shall be designed so as to
discourage through traffic.
(4)
All right-of-way street widths and street pavements shall
be measured at right angles or radial to the center line of the street and
shall not be less than the following:
|
Type of Street
|
Right-of-Way
(feet)
|
Pavement
(feet)
| |
|---|---|---|---|
|
Arterial street
|
120
|
(each lane 12 minimum)
| |
|
Collector street
|
80
|
36
| |
|
Local residential street
|
60
|
30
| |
|
Marginal service street
|
50
|
24 (no parking)
|
(5)
Whenever possible, streets should intersect at right
angles and not intersect at angles of less than 60° unless approved by
the Planning Board.
(6)
The grades of streets shall be in accordance with specifications
established by the Town Engineer and such grades as submitted on subdivision
plats shall be approved by him prior to final approval by the Planning Board.
(7)
All proposed subdivisions shall be designed to provide
access to adjacent properties. When a proposed subdivision abuts an existing
subdivision, the subdivider shall make every attempt to design the street
system of the proposed subdivision to connect with dead-end or stub streets
of the existing subdivision.
(8)
The following standards shall apply to cul-de-sac streets:
(a)
A cul-de-sac should be located, if possible, so that
it drains toward its entrance.
(b)
Unless there is the expectation of extending the street
through to the adjoining property, a cul-de-sac street should never be brought
to the property boundary line, but should be placed so that the lots can back
on the property line of the subdivision.
(c)
No cul-de-sac shall exceed 500 feet in length.
(d)
All culs-de-sac shall have a turnaround at the end of
the street, which shall have a right-of-way radius of 60 feet. The outer curb
at the turn shall have a minimum radius of 45 feet and a twenty-foot paving
width which will permit a turning radius of 25 feet at the inner curb.
(9)
If a dead-end street is of a temporary nature, a similar
turnaround shall be provided and provisions made for future extension of the
street through to adjacent property and reversion of the excess right-of-way
to the adjoining properties.
(10)
New half or partial streets shall not be permitted, except
that, wherever a proposed subdivision borders a half or partial street, the
Planning Board may require that the other part of the street be platted in
the proposed tract if it is found that such a requirement would increase the
effectiveness of the circulation system in the area.
(11)
Multiple intersections involving a junction of more than
two streets shall be prohibited.
(12)
Local residential streets and residential collector streets
shall not intersect with arterial streets less than 800 feet apart, measured
from center line to center line.
(13)
The minimum distance between center-line offsets at street
jogs shall be 150 feet.
(14)
No street shall have a name which will duplicate or so
nearly duplicate as to be confused with the names of existing streets. The
continuation of an existing street shall have the same name.
(15)
The minimum radius of horizontal curve, minimum length
of vertical curves and minimum length of tangents between reverse curves shall
be in accordance with specifications established by the Town Engineer, and
said items shall be approved by him prior to final approval of the subdivision
plat by the Planning Board.
B.
Lots. The following regulations shall govern the layout
of lots:
(1)
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.
(2)
All lots shown on the subdivision plat must conform to
the minimum requirements of the Zoning Ordinance[1] as to area and dimensions for the zone in which the subdivision
is located. However, in the event of utilizing § 281 of the Town
Law, the Planning Board may use its discretion in determining lot sizes.
(3)
Each lot shall abut on a street built to the town's
specifications.
(5)
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.
(6)
Side lines of lots shall be at right angles to straight
streets and radial to curved streets.
(7)
Where there is a question as to the suitability of a
lot or lots for their intended use due to factors such as rock formations,
flood conditions or similar circumstances, the Planning Board may, after adequate
investigation, require modification of such lots.
(9)
Blocks intended for commercial or industrial use shall
be designed specifically for such purposes with adequate space set aside for
off-street parking and delivery facilities.
C.
Easements. An easement shall be provided for all natural
drainageways and all utility lines when such utility line or lines do not
fall within a dedicated right-of-way. All easements shall be plotted on the
preliminary plat and subdivision plat. A clause shall be inserted in the deed
of each lot affected by an easement, indicating that the easement exists and
its purpose. Except as further required in this section, easements shall have
a minimum width of 10 feet. Where a subdivision is traversed by a drainageway,
channel or stream, a drainageway easement conforming substantially with the
lines of such watercourse shall be provided. The easement shall be 20 feet
wide or such width as will be adequate to preserve natural drainage and provide
sufficient width for maintenance. Where it is found that additional easement
width is needed, such width shall be determined by the Planning Board in consultation
with the Town Engineer. To the fullest extent possible, easements shall be
centered on or adjacent to rear or side lot lines. All utility lines which
are primarily intended to provide service to the lots within the subdivision
shall be installed underground at a depth and at such locations as will minimize
risk of interruption of services. A five-foot easement running parallel with
and contiguous to all street and highway rights-of-way shall be provided to
the town granting the town the right to protect, plant, prune, spray, remove,
control, regulate and improve shrubbery and shade trees thereon.
D.
Landscaping and ground cover.
(1)
All lot areas which are not covered by structures or
paving shall be properly seeded by the developer.
(2)
The developer shall provide a liberal and functional
landscaping scheme for the entire subdivision. Each lot shall be provided
with a minimum of two trees which shall be in addition to the street shade
trees. This requirement may be waived by the Planning Board in wooded areas
where the subdivider intends to maintain existing trees.
(3)
Individual homeowners may, by written agreement with
the subidivider and builder, seed and landscape their yards independently.
(4)
When a proposed subdivision borders upon an existing
commercial or industrial establishment or any other use which, in the opinion
of the Planning Board, may be visually detrimental to the tranquility of the
future residents of the subdivision, the Planning Board may require a landscape
screen to buffer the subdivision from the visually noncompatible use.
E.
Preservation of natural features.
(1)
Topsoil moved during the course of construction shall
be redistributed so as to provide at least six inches of cover to all areas
of the subdivision and shall be stabilized by seeding or planting. At no time
shall topsoil be removed from the site without written permission from the
Planning Board.
(2)
To the fullest extent possible, all existing trees and
shrubbery shall be conserved by the subdivider. Special consideration shall
be given to the arrangement and ultimate improvement or development of the
lots to this end. Precautions shall also be taken to protect existing trees
and shrubbery during the process of grading the lots and roads. Where there
is a question as to the desirability of removing a group of trees which serve
to add interest and variety to the proposed subdivision, in order to allow
for use of the land for a lot or lots, the Planning Board may, after proper
investigation, require modification of such lots. Where any land other than
that included in public rights-of-way is to be dedicated to the public use,
the developer shall not remove any trees from the site without written permission
from the Planning Board.
(3)
Where a subdivision is traversed by a natural lake, pond
or stream, the boundaries or alignment of said watercourse shall be preserved
unless, in the opinion of the Planning Board, a change or realignment will
enhance the development and beauty of the subdivision or the utilization of
such features by the future residents of the subdivision. All proposed changes
in watercourse alignment shall be in accordance with the revised New York
State Stream Conservation Law.[4]
[4]
Editor's Note: See Environmental Conservation Law § 15-0501
et seq.
(4)
Unique physical features, such as historic landmarks
and sites, rock outcroppings, hilltop lookouts, desirable natural contours
and similar features, shall be preserved if possible.
(5)
The subdivider shall not be permitted to leave any surface
depressions which will collect pools of water.
(6)
The subdivider shall not be permitted to leave any hills
or mounds of dirt around the tract. All surfaces shall be restored within
six months of the time of the completion of the section of the subdivision.
F.
Floodplain.
(1)
Mapping. If any portion of the land within the subdivision
is subject to inundation or flood hazard by stormwater, such fact and portion
shall be clearly indicated on the preliminary plat and the prominent note
on each sheet of such map whereon any such portion shall be shown.
(2)
Use. Land subject to flooding and land deemed by the
Planning Board to be otherwise 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.
H.
Modification of standards. The Planning Board may modify
the specified requirements in any individual case where, in the Board's
judgment, such modification is in the public interest or will avoid the imposition
of unnecessary individual hardship.
I.
Parks, playgrounds or open space.
(1)
Land shall be reserved for park, playground, open space
or other recreational purposes in locations designated on the Comprehensive
Plan or elsewhere where the Planning Board deems that such reservations would
be appropriate. Each reservation shall be of an area equal to 10% of the total
land within the subdivision, but in no case shall a reservation be less than
five acres. The area to be preserved shall possess the suitable topography,
general character and adequate road access necessary for its recreational
purposes.
(2)
Where a subdivision is too small to establish an adequate
recreation area site, where the land in a subdivision is unsuitable in character
or where the Town Comprehensive Plan or good planning judgment would not locate
a recreation area or in the case of a minor subdivision, the applicant will
be required to provide a fee as set forth from time to time by resolution
of the Town Board, per lot, deposited with the Town Clerk for the account
of the Town of Brant Park, Playground and Open Space Trust Fund, to be used
for acquisition of such areas in suitable locations.
[Amended 9-16-1992 by L.L. No. 2-1992; 10-10-1995
by L.L. No. 3-1995]
(3)
Where the Planning Board requires land to be set aside
for parks, playgrounds or other recreational purposes, the Board shall require
that the site be graded, loamed and seeded and may require it to be fenced.
(4)
When area for park, playground, recreational purposes
or open space shall have been required on the subdivision plat, the approval
of said subdivision plat shall not constitute an acceptance by the town of
such an area.
