The Planning Board, in reviewing an application
for approval of a development, shall be guided by the considerations
and standards presented in this Article. In its review, the Planning
Board shall take into consideration the prospective character of the
development and require that improvements be designed to such standards
as are consistent with reasonable protection of the public health,
safety, morals and general welfare. In addition, all design shall
be in accordance with the Town of Brighton Minimum Specifications
for Dedication[1] and all other requirements found elsewhere in this chapter.
A.
Land to be subdivided or developed 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.
Proper provision shall be made for drainage, water
supply, sewage and other needed improvements, and all proposed lots
shall be so laid out and of such size as to be in harmony with the
development pattern of the neighboring properties.
C.
The streets shall compose a convenient system conforming
to the Official Map, if such exists, and shall be properly related
to the proposals shown on the Master Plan shall be such width, grade
and location as to accommodate the prospective traffic, to facilitate
fire protection and to provide access to fire-fighting equipment to
buildings.
D.
Proper provision shall be made for open spaces, such
as the recommended open space sites in the Master Plan, buffers and
linkages, proposed parks and playgrounds, or recreation fees paid
in lieu thereof.
E.
Insofar as possible, all existing features of the
landscape such as large trees, rock outcrops, water sources, historic
sites and historic structures and other irreplaceable assets should
be preserved through an imaginative design of the subdivision.
F.
Existing features of the site which would add value
to residential or other development, such as desirable trees, water
bodies and watercourses, historic sites and similar irreplaceable
assets, should be preserved through harmonious design of the subdivision.
G.
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 Master Plan as it is developed and
adopted by the Planning Board.
[1]
These specifications are on file in the Department
of Public Works office.
The dimensions and arrangements of lots shall
be such that there will be no foreseeable difficulties, for reasons
of topography, reservations, dedications or other conditions, in providing
access to buildings of such lots or in securing building permits to
build on the lots in compliance with the Comprehensive Development
Regulations or other requirements. In general, side lot lines should
be at right angles or radial to street lines, unless a variation from
this can be shown to result in a better plan. The following regulations
shall govern the layout of lots:
A.
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.
B.
All lots shown on the subdivision plat must conform
to the minimum requirements of the Comprehensive Development Regulations
as to area and dimensions for the zone in which the subdivision is
located. However, in the event of utilizing § 278 of the
Town Law, the Planning Board may use its discretion in determining
lot sizes and other bulk requirements.
[Amended 3-25-2009 by L.L. No. 1-2009]
C.
Each lot shall abut on a street built to the Town's
specifications for dedication. The only exception to this requirement
shall be lots with access by private drives.
D.
Corner lots shall have extra width sufficient for
maintenance of required building lines on both streets as required
by the Comprehensive Development Regulations.
E.
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.
F.
Side lines of lots shall be at right angles to straight
streets and radial to curved streets.
G.
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.
H.
Block length and width or acreage within bounding
roads shall be such as to accommodate the size of lot required in
the area by the Comprehensive Development Regulations and to provide
for convenient access, circulation control and safety of street traffic.
I.
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.
J.
Double frontage lots will not, in general, be approved.
K.
Where lots abut existing Town, county or state streets,
marginal access roads or a reverse frontage approach shall be used,
with a minimum number of driveways and/or streets entering onto these
roads.
L.
Flag lots. Flag lots, as defined in § 201-5, shall be permitted, subject to the following requirements:
[Added 5-26-2004 by L.L. No. 10-2004]
(1)
The pole of each flag lot shall have a minimum width along a street as required in § 207-9, Lot widths. This minimum width, measured perpendicular to the sides of the pole, shall be maintained throughout the length of the pole of the lot.
(2)
Determination of pole and flag. The pole/flag boundary
line shall be a line drawn parallel to the street line of the pole
or perpendicular to a side of the pole, as determined by the Planning
Board or the Executive Secretary of the Planning Board based on the
configuration and orientation of the lot. The boundary line shall
be drawn at the closest point to the street beyond which the width
of the lot, measured as described above, is consistently equal to
or greater than 60 feet between lot lines.
(3)
Determination of the lot lines and yards. The Planning
Board shall designate front, rear and side lot lines based on the
following:
(a)
The front lot line shall be the lot line generally
parallel to the proposed front of the principal structure. In cases
where the flag of the lot abuts a street from which access cannot
be obtained, that lot line along the street shall also be considered
a front lot line, and the lot line parallel to the proposed front
of the principal structure shall be the primary front lot line.
(b)
Once the front lot line is determined, the front
yard and rear and side lot lines and yards shall be determined as
described elsewhere in the Code.
(4)
Bulk requirements. The pole portion of a flag lot shall not be used in satisfying any bulk requirements contained in Chapter 205, Article I, District Bulk Regulations. All bulk requirements shall be satisfied on the main (flag) portion of the lot. For any flag lot, the following standards shall be met in lieu of the respective requirements of Chapter 205, Article I, District Bulk Regulations.
(a)
Lot area. The minimum lot area required for
any flag lot shall be 1 1/2 times the minimum lot area required by
the bulk regulations for the zoning district. The pole portion of
the lot shall not be used in satisfying lot area requirements.
(b)
Lot width. The flag portion of any flag lot
shall be capable of containing a circle with a diameter equal to the
minimum lot width required by the bulk regulations for the zoning
district.
(c)
Front and rear yards. The minimum depth of
front and rear yards shall be as required by the bulk regulations
for the zoning district.
(d)
Side yards. The required side yard shall be
a minimum of 30 feet in the RLL and RLA Zoning Districts and a minimum
of 20 feet in the RLB, RLC, and RM Zoning Districts. Side yards for
other zoning districts shall be as required by bulk regulations.
(5)
Once yards and setbacks have been determined by the
Planning Board during subdivision review, the applicant shall be required
to add the pole/flag boundary line and building envelope, including
yard designation, to the subdivision plat prior to filing the plat
with Monroe County.
(6)
No buildings shall be located in the pole of any flag
lot.
(7)
Adjacent flag lots shall share a common private drive.
However, the Planning Board may permit the use of separate drives
in those cases where evidence presented to the Board shows that the
use of a common drive would be infeasible.
(8)
The Planning Board shall require that a concept plan
for all contiguous land under common ownership is included with any
application for flag lot subdivision.
(9)
The subdivider shall demonstrate to the satisfaction
of the Planning Board that:
(a)
Public water service and other utilities can
be provided.
(b)
Access is clearly defined and does not create
access conflicts with adjacent lots.
(c)
Sufficient parking is provided for residents
and guests.
(d)
The length of the flag lot drive does not negatively impact clear addressing or visibility from an emergency or service vehicle. Flag lots shall meet the address display requirements of § 46-2 of the Town Code, including requirement for address display at street.
(e)
On-site mitigation of drainage impacts from
proposed site improvements will be provided so that runoff is contained
and routed without adverse impacts on adjoining properties.
(f)
All other requirements of this chapter are met.
(10)
Lighting standards. Exterior lighting shall
not be directed at adjoining properties and shall be hooded or shielded
so that glare will not become a nuisance to adjoining properties.
Lights provided along access drives shall not exceed four feet in
height.
(11)
Adequate provision shall be made for fire protection
and emergency access. The developer shall demonstrate to the Planning
Board that access drive pavement construction standards, pavement
width, vehicle turnarounds, and location of fire hydrants meet the
requirements of Town and New York State regulations and adequately
provide for access by emergency services. For subdivisions creating
more than one flag lot, the access drive to such flag lots shall be
a minimum of 18 feet in width and shall be constructed of hard-surface
material suitable for use by fire trucks and other emergency vehicles.
(12)
The access drive and flag portion of the lot
shall be screened from adjoining properties as determined necessary
by the Planning Board.
Access locations shall be guided by the Access Control Regulations found in Chapter 207, Supplementary Regulations, Article IV, of the Comprehensive Development Regulations. The following regulations shall govern the layout of streets:
A.
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.
B.
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.
C.
Local residential streets shall be designed so as
to discourage through traffic.
E.
Whenever possible, streets should intersect at right
angles and not intersect at angles of less than 75º unless approved
by the Planning Board.
F.
The grades of streets shall be in accordance with
the Design Criteria and Construction 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.
G.
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.
H.
All cul-de-sac streets shall meet the Minimum Specifications
for Dedication and the following additional standards:
(1)
A cul-de-sac should be located, if possible, so that
it drains toward its entrance.
(2)
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 except
when a future extension is anticipated.
(3)
No cul-de-sac shall exceed 500 feet in length.
I.
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.
J.
New half or partial streets shall not be permitted,
except that whenever 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.
K.
Multiple intersections involving a junction of more
than two streets shall be prohibited.
L.
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.
M.
The minimum distance between center-line offsets at
street jogs shall be 150 feet.
N.
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. This
is to be checked with the United States Postal Service and the Monroe
County 911 Program Analyst.
O.
The minimum radius of horizontal curves, 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.
No division of land shall result in any of the
parcels not having at least one access point to at least one public
(or private) road. Where the remaining parcel is located so that access
to a public road would be gained by a road from the main portion of
the parcel, there shall be enough land remaining to provide for a
public (or private) road from the site to the main road.
Landscape buffers shall be provided between
marginal access roads and major streets and may be required in other
areas, along with berms, to reduce noise levels and undesirable vistas.
See Linkages and Buffers recommended standards in the Appendix, Part
2, to the Comprehensive Development Regulations.
Subdivision lots should be laid out as much
as is possible so that side or rear lot lines follow the center line
of a stream or drainageway which may be within the subdivision. Thoroughfare
crossings of streams shall be kept to a minimum and will be at right
angles to the stream.
[1]
Editor's Note: Former § 213-17,
Cul-de-sac streets, was repealed 9-9-1999 by L.L. No. 3-1998.
In general, all streets and roads shall intersect
so that for a distance of at least 100 feet each street is approximately
at right angles to the street it joins. Minor or secondary road intersections
with collector or major roads shall be separated by at least 200 feet,
but in no case by less than the stopping sight distance corresponding
to the legal speed limit.
Where a tract is subdivided into lots two or
more times as large as the minimum size required in the zoned 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 and the Comprehensive
Development Regulations.
Standards for design and construction of recreational,
commercial, industrial and other nonresidential subdivisions shall
be governed by sound engineering and planning practice, and utilities
shall be sized commensurate with the demand anticipated upon full
development based upon reasonably anticipated uses.
The owner may place restrictions on the development
greater than those required by the Comprehensive Development Regulations.
Such restrictions, if any, shall be indicated on the preliminary and
final subdivision plat.
The Planning Board, by resolution, 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. All modifications
shall be shown on the final subdivision plat.
A.
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.
B.
Where a subdivision is traversed by a drainageway,
channel or stream, a drainageway easement conforming substantially
to the lines of such watercourse shall be provided. The easement shall
be of such width as will be adequate to preserve natural drainage
and provide sufficient width for maintenance.
C.
Where it is found that additional easement width is needed, such width shall be determined by the Planning Board in consultation with the Commissioner of Public Works or designee. To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines. See § 213-15, Buffers and linkages.
