Town of Brighton, NY Access Control

In reviewing applications for new development, expansion of existing structures, conditional use permits, variances or any other application requiring a Town permit, the board having jurisdiction and/or authorized official shall be guided by the following criteria when considering access to and from any parcel:

General regulations.

(1)

The term "access," as used in this article, shall mean an access point, curb cut, driveway, entrance/exit or any means of ingress or egress of vehicles from a street to a parcel.

(2)

All plans for structures to be erected, altered, moved or reconstructed, and for the use of premises within each district, shall contain a plan for proposed access to the premises. No such plan shall be approved unless such access is onto a dedicated public highway or a highway within a subdivision which appears upon a subdivision map approved by the Planning Board.

(3)

For county, state and Town highways, the design of access points must meet the design criteria and safety standards of the controlling jurisdiction or a design based on an agreement reached by coordination with the county or state as part of the project review/approval process. Requirements for access design standards are established for each jurisdiction as follows and as may be amended as necessary:

(a)

For Town highways, refer to the Town of Brighton Minimum Specifications for Dedication.

(b)

For county highways, refer to Highway Permit Requirements for Residential and Commercial Development Within the Public Right-of-Way.

(c)

For state highways, refer to Policy and Standards for Entrances to State Highways.

(4)

There shall be no more than one access point from any lot to any street, except that additional entrance and exit driveways may be provided where it is determined by the controlling jurisdiction that such are necessary to safeguard against hazards or to avoid traffic congestion on the street.

(5)

Where a lot has frontage on two or more streets, access to the lot shall be provided to the street where there is less potential for traffic congestion and for hazards to traffic or pedestrians.

(6)

On county and state highways, the use of frontage roads, reverse frontage or cross-access easements for multiple lot developments is encouraged.

(7)

Permanent access for individual residential lots shall only be permitted onto arterial streets when access is not available to another collector or local highway or when indirect access (shared access, frontage road or cross-access easement) is not currently feasible. Temporary access to an arterial highway will be permitted if indirect access will be required in the future as adjacent parcels are developed.

(8)

Where feasible, access points shall be aligned with existing or proposed access points on the opposite side of the street to promote safe traffic flow and, when deemed necessary, to allow for future signalization.

(9)

Where appropriate along highways containing large parcels of vacant land, the Planning Board, in coordination with the controlling jurisdiction, may designate the location of curb cuts to ensure limited access for future development within the parcel.

(10)

Driveway turnaround areas shall be required for all residential development (except where parking lots exist on site) so vehicles will not have to back out onto a highway. The turnaround areas shall be located at a point along the driveway which allows space for at least two vehicles to be parked between the garage and the turnaround area.

(11)

When internal circulation for public transit is planned for major developments, access shall be designed to accommodate turning movements by buses.

(12)

Setback requirements along county highways are to be measured starting from a point which is 40 feet from the highway center line. Where adjacent development exists, the setback of the proposed development may be that of the existing development as long as it does not encroach on the area that is 40 feet from the highway center line. Setback requirements along all other highways are to be measured from the existing highway right-of-way line or a proposed right-of-way line, if known, to ensure that adequate right-of-way will be available for any future widening of the highway.

(13)

If a local highway is proposed by the Town for jurisdictional transfer to the county, adjacent development will be designed to include appropriate access controls where feasible.

Cross-access easements.

(1)

Where deemed appropriate and feasible by the Planning Board, Zoning Board of Appeals or authorized official, a cross-access easement shall be required to connect the parking areas between two or more adjacent lots. Cross-access easements shall be considered when reviewing proposals for new development, changes of use or any site modifications.

(2)

As contiguous parcels are developed on an individual basis, cross-access easements shall be required. In the meantime, temporary access/curb cuts shall be permitted until the cross-access easement is activated. When the cross-access easement is in use, the temporary access permit will be revoked. Temporary access shall be granted for one year and may be renewed without fee if the cross-access agreement cannot be activated.

(3)

Where appropriate along highways containing strip development, the Planning Board, Zoning Board of Appeals or authorized official may identify existing curb cuts that are to be removed or replaced with cross-access easements prior to approving an application for a proposed development or a change of use.