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, drainage, flood or other menace.
A. Topsoil moved during the course of construction shall be redistributed
so as to cover 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. There shall
be a minimum of six inches of topsoil redistributed over all leach
beds or fields.
B. To the fullest extent feasible, all existing trees and shrubbery
and endangered/protected species 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.
(1)
Property or any part thereof which has been clear-cut within
the last five years will not be considered for subdivision.
(2)
Precautions shall also be taken to protect existing trees and
shrubbery and protected plants or endangered species 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 serves 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.
(3)
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.
C. 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 Environmental Conservation Law.
D. Unique physical features, such as historic landmarks and sites, rock
outcroppings, hilltop lookouts, desirable natural contours and similar
features, shall be preserved, if possible.
E. The subdivider shall not be permitted to leave any surface depressions
which will collect pools of water. This shall not preclude the use
of retention or detention basins as part of a stormwater management
program.
F. The subdivider shall not be permitted to leave any piles or mounds
of dirt or other debris or materials around the tract. All surfaces
shall be restored within six months of the time of the completion
of the phase of the subdivision.
G. 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 and subdivision
plats and a prominent note placed 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 planed for residential
occupancy nor for such other uses as may increase danger to health,
life or property or aggravate the flood hazard.
The maximum number of buildable lots for a conventional subdivision
shall be calculated as follows:
A. From the total area of the property to be subdivided, subtract:
(1)
Local, state, or federally regulated wetlands.
(2)
Water bodies, including but not limited to ponds, streams, rivers,
etc.
(4)
Slopes in excess of 20%, to include both natural and man-made
slopes.
(5)
The area to be set aside for other public use, such as parkland.
(6)
The area to be occupied by the proposed streets or rights-of-way.
(7)
The area occupied by other public easements or rights-of-way
across the property such as major power or telephone lines.
B. Then divide the resulting figure (the remaining acreage) by the density allowed in the zone in which the lots will be located specified in §
179-3-040 in the Town of Queensbury Zoning Law.
The Town streets and roads shall include both public and private
streets and roads in all sections of these regulations.
A. Relationship to natural features.
(1)
All streets and roads shall be logically related to existing
topography, soil, vegetation and other natural features and shall
be coordinated into a logical and efficient system. All roads shall
be arranged so as to obtain a maximum number of building sites at
or above the grade of the roads.
(a)
Grades of roads shall conform as closely as possible to the
original topography, except that in all cases the provisions concerning
road grades of this article shall be observed.
(b)
Installation of all utility distribution and service lines shall
be planned at the time road layout is determined. For these purposes,
areas with steep slopes, shallow soils or a water table at or near
the surface and soils that are highly susceptible to erosion or slippage
shall be avoided insofar as is practical.
(c)
Road layout shall minimize stream crossings and be perpendicular to the stream, traversing existing slopes exceeding 25% measured perpendicular to the road. All stream crossings and stream bed disturbances shall comply with the design standards in §
179-6-050D(2)(f) of Town Code.
[Amended 5-1-2023 by L.L. No. 6-2023]
(2)
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, the width shall be determined by the Planning Board.
Prior to the completion of the roadway, 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 location as
will minimize the risk of interruption of services.
B. Intersections. 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. Local street intersections
with collector streets or arterial highways shall be separated by
at least 300 feet.
C. Special treatment along certain highways. When a subdivision abuts
or contains a regional arterial highway, local arterial highway or
collector highway, the Planning Board shall require that no new lots
shall front or have direct access on such highway. In subdivisions
of four lots or fewer, if the Planning Board finds the foregoing requirement
not feasible, then new lots may be created on such highway, but the
width for such lots shall be increased by 100% of the authorized density
within the applicable zone. The 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 other such treatments as may be necessary for adequate protection
of residential properties and to afford separation of through and
local traffic. Provision of turnarounds shall be required on all lots
fronting on arterial or collector streets.
D. Local streets. Subdivisions shall be so designed as to provide a
street pattern which shall be based upon a local residential street
pattern connected to a residential collector street system. Local
streets shall be laid out so that their use by through traffic will
be discouraged.
E. Dead-end streets. Dead-end or loop residential streets will be permitted
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, 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, when the Board, in its discretion, feels such
easement is necessary or desirable. Subdivisions containing 15 lots
or more shall have at least two street connections with existing public
streets. In the case of an internalized subdivision, the requirements
for two entrances may be satisfied by a provision of a double-width
(two times the standard road width) road from the main connecting
street to the first intersecting street. A planted center island will
be required in a double-width roadway, and an increase in the right-of-way
will be required to provide for the planted center island. When a
planted island is proposed, the subdivider shall indicate on the plan
who shall maintain such.
F. Continuation of projection of certain streets. 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 Town Board, topographic
or other conditions make such continuation or projection undesirable
or impracticable, this requirement may be modified. Approved future
connector links shall be dedicated at the same time the principal
streets are dedicated.
G. 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 distance shall also be determined with due regard
for the requirements of approach grades and future grade separations.
H. Location. Streets shall follow low land, except wetlands, whenever
feasible. When a subdivision street intersects an existing street,
the Board may require the owner to improve the existing street within
100 feet of said intersection to meet the requirements of these regulations
for intersection design.
I. Street design.
(1)
Curves.
(a)
A curve shall be required whenever a collector or local street
deflects more than 10°. A curve shall be required for any deflection
in an arterial street. The minimum center-line radius for horizontal
curves shall be as follows:
|
Street Type
|
Minimum Radius
(feet)
|
---|
|
Collector
|
300
|
|
Local
|
300
|
|
Marginal access
|
250
|
(b)
A tangent of at least 50 feet shall be required between reverse
curves, except where the topographical conditions of the site being
subdivided would require a lesser radius or tangent without disturbing
major portions of unexcavated soil and foliage.
(2)
Street grades.
(a)
Maximum street grades shall be as follows:
|
Street Type
|
Maximum Grade
|
---|
|
Collector
|
8%
|
|
Local
|
10%
|
|
Marginal access
|
10%
|
(b)
Street grades shall not be less than 0.5%. Grades at street
intersections shall be held to a maximum of 3% for a distance of 100
feet from the edge of pavement of the intersected street. Vertical
parabolic curves shall be introduced at changes of grade exceeding
an algebraic difference of 1% and shall provide the following minimum
sight distances:
|
Street Type
|
Minimum Sight Distance
(feet)
|
---|
|
Collector
|
250
|
|
Local
|
100
|
|
Marginal access
|
100
|
(3)
Street intersections.
(a)
T-intersections shall be used in residential areas where practical.
Intersections of more than two streets shall be prohibited. Intersecting
streets shall be laid out so as to intersect at 90°. Any change
in street alignment to meet this requirement shall be at least 100
feet from the pavement edge of the intersected street.
(b)
Street right-of-way lines and roadways at intersections shall
be rounded with a radius determined from the following table by the
higher type of street in the intersection:
|
Street Type
|
Minimum Right-of-Way Radius
(feet)
|
Minimum Roadway Radius
(feet)
|
---|
|
Arterial
|
Varies
|
Varies
|
|
Collector
|
28
|
40
|
|
Local
|
10
|
20
|
|
Marginal access
|
5
|
20
|
(c)
Intersections with arterial streets shall be held to a minimum
and preferably be spaced at least 1,000 feet apart.
(d)
Streets entering opposite sides of another street shall be laid
out either directly opposite one another or with a minimum offset
of 125 feet between their center lines.
(4)
Dead-end streets. Dead-end streets shall not be longer than
1,000 feet and shall be provided with a turnaround at the closed end,
having a street right-of-way diameter of at least 140 feet and an
outside edge of pavement diameter of at least 110 feet. Street length
shall be measured from the point where the center line of the proposed
road intersected with the right-of-way line for the existing road,
thence along the center line of the proposed road the furthest point
on the back side of the turnaround or loop. If an island is left in
the turnaround, it shall be nearly level to facilitate snowplowing,
and there shall be no curbs around the island. The turnaround pavement
shall slope to the outside of the circle. The pavement radius at the
entrance to the turnaround shall be at least 50 feet for symmetrical
turnarounds and greater for offset turnarounds. When a street is extended
beyond an intersection to make provision for its future extension,
a temporary turnaround shall be provided at the end of the street
unless no lots are served by the extension. The temporary turnaround
shall meet the requirements for a permanent turnaround.
(5)
Street access. Access to arterial streets shall be restricted
as far as practicable.
(6)
Street setbacks. Setbacks from existing streets shall be in
accordance with the Zoning Law.
(7)
Fill slopes. Where streets are constructed on new fill, the
side slopes of the fill shall be as follows:
|
Fill Height
(feet)
|
Slope
(vertical to horizontal)
|
---|
|
0 to 6
|
1 to 4 or flatter
|
|
6 to 12
|
1 to 3 or flatter
|
|
Above 12
|
Not permitted
|
J. Guardrailing. Where streets are constructed on fills of greater than
six feet in height, guardrailing shall be installed along the side
of the road, eight feet from the edge of the roadway.
K. Street entrances to subdivision. In all subdivisions of 15 lots or
more, at least two entrances to the subdivision from an existing public
street shall be installed.
L. Street signs. The developer shall establish street name signs as
approved by the Department of Transportation at appropriate locations
as indicated by the Highway Department prior to street construction.
(Street names should have a relationship to the subdivision name.)
M. Road surfacing.
(1)
Surfacing materials must be applied in the following manner:
(a)
Type 3 binder coat may be applied only when the ground surface
is at least 40°.
(b)
Type 6 top coat may not be applied after October 20.
(2)
These requirements may be waived if, in the sole determination
of the Town Highway Superintendent, unusual weather conditions make
such requirements unnecessary.
Erosion, sedimentation and stormwater runoff shall be controlled prior to, during and after site preparations and construction in conformity with Town Code Chapter
147, Stormwater Management.