Town of Goshen, NY General Requirements and Design Standards

Existing features which are important to the natural, scenic, and historic character of the Town or which add value to residential development, such as large trees, watercourses, scenic views, historic places, and similar irreplaceable assets, shall be preserved, insofar as possible, in the design of subdivisions. The conservation analysis required by § 97-20B of Chapter 97, Zoning, shall be used to identify such features.

The Planning Board may impose restrictions designed to preserve such features, including the limitation of structures to designated building envelopes or the delineation of areas where building or site alteration is prohibited, as a condition of subdivision approval. For all open space developments and conservation density developments approved pursuant to §§ 97-20 and 97-22 of Chapter 97, Zoning, conservation easements shall be required as set forth in those sections.

To the extent practicable, every effort shall be made to maintain existing trees, stone walls, or other features identified by the Planning Board.

Topsoil shall not be removed from the site except with the approval of the Planning Board.

(5)

In order to fulfill the purposes of this Subsection D, the removal of any existing features or topsoil, the unauthorized removal of existing trees pursuant to Subsection D(3) above, or the clearing, grading, and/or excavating of land without the approval required by this chapter, by Chapter 53 of the Town Code, entitled "Clearing and Grading Control," or by Chapter 97, Zoning, shall render the entire parcel of land ineligible for subdivision approval for a period of three years from the date the owner is sent a notice of violation in connection with such removal or clearing, unless the owner of the parcel either obtains the required permit or cures the violation by replanting or reclaiming the parcel substantially to its prior condition; provided that the notice of violation clearly states that the parcel will be ineligible for subdivision for three years and informs the owner of the right to cure the violation in order to avoid this restriction.

(6)

For all parcels in the RU Zoning District that are not small-scale developments or conservation density developments as described in Chapter 97, Zoning, the Planning Board shall require an open space development (see §§ 97-20 and 97-21) to ensure the preservation of open space.

Trail map and pedestrian access. If the Town Board adopts an official trail map, as part of the Comprehensive Plan or independently thereof, all trail corridors and pedestrian ways shown therein shall be shown on any application for a subdivision or lot line adjustment, and the Planning Board shall, in connection with any approval it grants, reserve those trail corridors, or an alternative alignment acceptable to the Planning Board, for potential acquisition by the Town of Goshen or another public or not-for-profit entity for public trails. No building or other improvement, other than driveways, bikepaths, pedestrian trails, sidewalks, utilities, and drainageways, shall be placed within such trail corridors.

§ 83-13 Street layout and design.

Width, location, and construction. Streets shall be compatible with the existing character of the hamlet or rural area in which they are located. They shall be surveyed and shall be adequately constructed to accommodate the anticipated traffic and provide access for fire-fighting, snow removal, and road maintenance equipment. The arrangement of streets shall not result in undue hardship to adjoining properties. Streets and driveways shall be constructed to the specifications in Chapter 81, unless, after review and recommendation by the Town Highway Superintendent and Town Engineer, the Planning Board determines that the specifications in Chapter 81 should be modified to fulfill the purposes of this chapter, the Comprehensive Plan, or Chapter 97, Zoning.

Relation to topography. Streets shall be designed to minimize alteration of natural topography. They shall be arranged to obtain as many as possible of the building sites at or above the grades of the streets.

Block size in hamlet district. Within the hamlet district, newly created blocks generally should not be less than 200 feet nor more than 400 feet in length and the average block area shall not exceed two acres, unless the Planning Board believes that an alternate layout provides a better planning scheme, given the particular natural terrain, geologic features, infrastructure requirements, and adjacent developments. In blocks exceeding 500 feet in length, the Planning Board may require the reservation of a twenty-foot-wide easement through the block to provide for the crossing of underground utilities and pedestrian traffic where needed or desirable and may further specify, at its discretion, that a four-foot-wide paved footpath be included.

Intersections.

In general, all streets shall join each other so that for a distance of at least 100 feet the street is approximately at right angles to the street it joins. To this end, an oblique street should curve as it approaches an intersection. Within hamlets, this requirement may be varied in order to create visual interest, calm traffic, respond to topographic conditions or other site constraints, shape public spaces, or accommodate a diagonal street that intersects a grid layout. Where three or more streets intersect, special treatment may be required by the Board.

Except within the hamlet district, intersections of major streets by other streets shall generally be at least 500 feet apart, and a distance of at least 125 feet shall be maintained between offset intersections.

In order to provide visibility for traffic safety, corner lots shall be kept free of obstructions as required in § 97-40F of Chapter 97, Zoning. If directed by the Planning Board or Town Highway Superintendent, site alterations may be required to achieve visibility and necessary easements may be required to enable the Town to maintain visibility.

Required streets and street widening.

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 (including 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.

In front of areas zoned and designed for commercial use, or where a change of zoning to a zone which permits commercial use is contemplated, the street width shall be increased by such amount on each side as may be deemed necessary by the Planning Board to assure the free flow of through traffic without interference by parked or parking vehicles and to provide adequate and safe parking space for such commercial or business district.

Where a subdivision borders or includes existing narrow roads that do not conform to minimum street right-of way width requirements of this chapter, and the Planning Board finds that widening is necessary to accommodate the additional lots in the proposed subdivision, the subdivider shall be required to show areas for widening or realigning such roads on the plat, marked "Reserved for Road Realignment (or Widening) Purposes." Land reserved for such purposes may not be counted in satisfying yard or area requirements of Chapter 97, Zoning; said reservations may be required to be dedicated to the Town.

Design standards. Streets and driveways shall comply with the standards established in Chapter 81, unless otherwise approved by the Planning Board after consulting with the Town Highway Superintendent and the Town Engineer pursuant to § 83-13A.

Continuation of streets into adjacent property.

The arrangement of streets in the subdivision shall provide for the continuation and interconnection of principal streets both within and between adjoining parcels and subdivisions, and for proper projection of principal streets into adjoining properties which are not yet subdivided, and shall be so noted on the subdivision plat and plans. The Planning Board shall require the use of temporary dead-end streets, in order to make possible necessary snow removal, 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 stormwater management facilities. Where, in the opinion of the Planning Board, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified. Such modification shall be permitted only where the presence of wetlands, water bodies, watercourses, or steep slopes makes such continuation infeasible. The requirement of such interconnection shall not apply to private roads in conservation density developments approved pursuant to § 97-22 of Chapter 97, Zoning.

If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way and improvements shall be extended to the property line. If specifically permitted by the Highway Superintendent, a temporary tee/hammerhead, as specified in the Town Street and Highway Specifications (Chapter 81), shall be provided on all temporary dead-end streets, with the notation on the plat that land outside the street right-of-way shall revert to abutters whenever the street is continued.

Where a subdivision includes lots substantially larger than the minimum lot size, the Planning Board may, if appropriate, require a road and lot layout that will permit future resubdivision.

Connections with existing streets. Subdivisions containing 20 or more lots shall normally have at least two street connections with existing streets. Where the existence of undeveloped adjoining properties or other special circumstances make this requirement impractical, stub street connections to adjoining property shall be reserved for future dedication and connection, as deemed necessary by the Planning Board to ensure that this standard will be met over time when adjoining properties are developed. To ensure adequate access and public safety, the Planning Board may require an internal loop road configuration in addition to the requirement of stub street connections to adjoining properties.

Permanent dead-end streets (culs-de-sac). The creation of new dead-end residential streets is normally permitted only in conservation density developments as provided in § 97-22 of Chapter 97, Zoning. In other types of subdivisions, dead-end streets shall only be permitted where continuation of a street is impracticable due to topographic conditions, wetlands, water bodies or watercourses or where such a street is necessary to preserve other important natural, historic, scenic, or recreational resources. Such streets shall be limited to 800 feet in length. This limit may be waived in the case of subdivisions not exceeding eight lots, where at least 80% of the parcel is permanently preserved as contiguous open space by a conservation easement. Where dead-end streets are permitted, the Board may require the reservation of a thirty-foot-wide easement to provide for continuation of pedestrian traffic and utilities to the next property or street. A circular turnaround with a minimum right-of-way radius of 50 feet or a "hammerhead" at least 100 feet in length within a defined right-of-way shall be provided at the end of a permanent dead-end street, as determined to be appropriate by the Highway Superintendent.

Street names. All streets shall be named, and such names shall be subject to approval by Orange County 911 services. Names shall be sufficiently different in sound and in spelling from other street names to avoid confusion. A street which is a continuation of an existing street shall bear the same name.

Pedestrian walks. The subdivision street network shall generally include a continuous network of public pedestrian walks, as appropriate to the location, either independent of or incorporated within vehicular rights-of-way, to connect all properties and public areas. The pedestrian walk network, whether independent of or combined with the vehicular road network, shall conveniently link dwellings to all possible generators of pedestrian traffic both within and outside of the subdivision, including but not necessarily limited to parking areas, recreation areas, schools, stores, bus stops and other uses. Such walks shall be so designed and constructed as to encourage their use by their proximity to generators of traffic, convenient arrangement, evenness and durability of surface, pleasant appearance and exposure to scenic areas and views. Where sidewalks cross driveways, they shall be reinforced and of the same material and elevation as that on both sides of such driveways. All ramps, sidewalks and walkways shall comply with ADA standards.

Utility and drainage easements. Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities within street rights-of-way, perpetual unobstructed easements at least 30 feet in width for such utilities or drainage facilities shall be provided, centered on rear or side lot lines or across property outside the road lines and with satisfactory access to the road. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required. Easements shall be indicated on the plat. In large-scale developments, easements along rear property lines or elsewhere for utility installations may be required by the Planning Board. Such easements shall be of the width and at the location determined by the Board after consultation with the public utility companies.

Required improvements.

All streets to be offered for dedication shall be graded, paved, and improved with street signs and trees. In subdivisions outside the RU District that achieve densities at or close to the maximum permitted by Chapter 97, Zoning, streets shall also be improved with sidewalks, streetlighting standards, curbs, gutters, water mains, sanitary sewers, storm drains, and fire hydrants, as applicable. In the RU District and in other areas where density will be limited to a level significantly below that permitted by zoning, the Planning Board shall require only those improvements it considers necessary for public health, safety, and general welfare. Improvements that would detract from the rural and scenic character of the Town shall not be required in such areas of low density, provided that there are adequate safeguards in place to ensure that such areas will maintain their low-density characteristics over time.

All utilities shall be installed underground according to the standards of the utility companies for such construction. Utilities shall generally be placed between the traveled way and property line, or in perpetually unobstructed easements of a width adequate for servicing, to simplify location and repair of the lines, and the subdivider shall install underground service connections to the property line of each lot before the street is paved. As to utilities required by the Planning Board, the Planning Board shall require assurance from each public utility company whose facilities are proposed to be installed. Such assurance shall be given in a letter addressed to the Board stating that such public utility company will make the installations necessary for the furnishing of its services within the time therein specified and satisfactory to the Board.

Curbs, gutters, sidewalks, street pavements, fire hydrants, streetlights, shade trees, monuments, water mains, storm sewers, sanitary sewers and any other improvements that may be required shall be designed and constructed to conform to the specifications as established by law, resolution or ordinance of the Town Board. Pedestrian easements shall be improved as required by the Town Engineer. All rights-of-way shall be prepared, graded and sloped in conformance with good nursery practice. Such grading and improvements shall be approved as to design and specifications by the Town Engineer.

Location and installation of all fire hydrants shall be in accordance with state standards.

(5)

Where required by the Planning Board, streetlighting standards in conformance with the lighting system of the Town, of a design approved by the Town Engineer, shall be installed by the subdivider in a manner and location approved by the Town Engineer, the local electrical utility company, and the Highway Superintendent. In the case of a subdivision involving a county or state highway, approval shall be obtained from the County Commissioner of the Department of Public Works or the New York State Department of Transportation, respectively. Where a new lighting district is to be created or an existing district expanded, the applicant shall petition the Town Board to create said district or expansion before final approval. The developer shall, at his expense, have installed the necessary bases, connections and utility poles for the streetlighting of the development.

(6)

Street signs of a type approved by the Highway Superintendent shall be provided by the developer and placed at all intersections in locations within the right-of-way approved by the Superintendent.

(7)

Shade trees shall be preserved and/or furnished and planted, at the expense of the subdivider, along both sides of the road within the subdivision, such trees to be guaranteed to survive one growing season. These shade trees shall be located at no more than forty-foot intervals along the front property line. All tree varieties, condition and quality are subject to the approval of the Town Planning Board prior to and after planting. The placement of trees in relation to road pavement, sidewalks, and utilities shall be approved by the Town Engineer and Highway Superintendent. Trees shall be hardy and suitable to local soil and climate. All trees must meet the standards of the American Standard for Nursery Stock. New trees shall measure at least 1 1/2 inches in diameter as measured at a point four feet above finished grade level.

Monuments.

Permanent concrete monuments shall be set on right-of-way lines of the street at all intersections, angle points, points of curvature and beginning and end of streets, as required by the Town.

There shall be a clear view of adjacent monuments on the right-of-way line.

All monuments shall exist upon completion of construction of the street.

Monuments shall be made of cut granite free from imperfections or of concrete with metal bars and shall be four inches square on top with a length of 30 inches.

(5)

Monuments shall be set so that the top is flush with the finished graded surface.

Fire district review. The Board of Fire Commissioners of the fire protection district in which the development is located shall review road widths and locations and driveway and parking lot suitability for fire protection. Plans shall be submitted by the Planning Board to the Board of Fire Commissioners for its recommendations prior to preliminary approval. The Board of Fire Commissioners shall make its recommendations in writing or by appearance before the Planning Board within 30 days of notification. If no recommendations are made within that time, the Planning Board may deem the Board of Fire Commissioners to have made a favorable recommendation.

§ 83-14 Stormwater management.

Minimizing impact. Subdivisions shall be designed to maintain or improve predevelopment stormwater management conditions by minimizing grading, cutting, and filling, by minimizing the use of impervious surface materials on roads, driveways, and other improved areas, by retaining existing vegetation, by using gently sloped vegetated swales, and by employing other nonstructural or structural measures, including retention or detention basins, as required by § 97-42 of Chapter 97, Zoning. The Planning Board may deny any subdivision application which does not comply with this Subsection A, even if it can comply with Subsections B through E below.

Land subject to flooding. All subdivision applications shall comply with Chapter 61A of the Code of the Town of Goshen, entitled "Flood Damage Prevention." Land subject to flooding or land deemed by the Planning Board to be uninhabitable shall not be platted for residential occupancy or such other uses as may increase danger to health, life or property or aggravate the flood hazard. Such land shall be set aside for uses that are not endangered by periodic or occasional inundation. Such land may also be improved in a manner that reduces the threat of localized and downstream flooding as provided in Chapter 61A of the Town Code.

Stormwater management structure to accommodate lands upslope. A culvert or other stormwater management facility shall be large enough to accommodate runoff from upslope of the stormwater management improvements proposed to serve the subdivision, whether inside or outside the subdivision. The Town Engineer shall approve the design and size of the facility based on proposed runoff from the subdivision and existing conditions upstream of the subdivision. For open channels and for culverts under roadways that are the only access, the design shall be for a one-hundred-year storm. For culverts under roadways that do not constitute the only access, the design shall be for no less than a twenty-five-year storm, provided that a one-hundred-year storm will not flood buildings or farm structures at the culvert location.

Stormwater management facilities basis of design. Storm sewers and open channels or roadside swales necessary to accommodate stormwater management from the subdivision shall be designed for no less than a twenty-five-year storm. Stormwater management facilities intended to control the quantity and quality of runoff discharged by the subdivision are to be designed in accordance with Stormwater Management Design Manual (SMDM, NYSDEC, latest edition.) Stormwater management facilities shall be located in road rights-of-way or in perpetual easements of appropriate width to accommodate the required maintenance of the facilities.

Responsibility for downstream stormwater management.

The general principles described in Subsection A above shall be utilized to minimize the impacts of development on downstream stormwater management facilities for all subdivisions. For all major subdivisions, a detailed analysis of the impact shall be required. Such an analysis may be required if warranted for minor subdivisions at the discretion of the Planning Board. The detailed analysis shall be undertaken using TR20, the hydrological computer model developed by the US Department of Agriculture, or similar program deem acceptable by the Town Engineer.

The Town may form stormwater management districts if deemed necessary to ensure maintenance of stormwater management facilities.

House and lot drainage. Drainage of individual lots and dwellings, including footing drains, discharging to a freeflowing outlet to assure proper runoff from roofs, driveways and paved surfaces, shall be required for Planning Board approval. The installation of such facilities shall be required prior to the issuance of a certificate of occupancy.

§ 83-15 Lots.

Arrangement. The arrangement of lots shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in locating a building on each lot and in providing access to buildings on such lots from an approved public or private road. The lot layout shall generally follow applicable portions of the Rural Design Guidelines and Hamlet Design Guidelines published by the New York Planning Federation in 1994, adapted as necessary to conform to the requirements of this chapter.

Watercourses.

Where a subdivision is traversed by a watercourse, drainageway, channel, or stream, an easement for the maintenance of these stormwater management facilities shall be provided as required by the Town Planning Board, in no case less than 30 feet in width.

Where a watercourse separates the buildable area of a lot from the access street, provision shall be made for the installation of a culvert or other structure, of a design approved by the Highway Superintendent or Town Engineer.

Access from major streets. Lots shall not, in general, derive access from a major street. In order to avoid such access, the Planning Board may require construction of interior or reverse frontage roads, rear service alleys, or a network of interconnected minor and collector streets, as alternative measures to provide vehicular access to lots.

Driveways.

The Planning Board shall assure that driveways are suitably laid out to provide safe access to improved streets, taking into consideration the rural character of the Town and the expressed policies of minimizing environmental disruption. Common driveways are not permitted in any district.

Driveway access and grades shall conform to specifications of any applicable Town driveway regulations. The driveway grade shall have a slope of -2% for the first 25 feet from the edge of the existing street pavement, and the maximum permitted driveway grade shall be 10%. In the event that such a grade will intersect existing underground utilities or will result in inadequate cover or protection for such utilities, the Planning Board may require the subdivider to relocate such underground utilities or take measures to provide adequate cover or protection of them, all at the subdivider's sole cost and expense and according to plans and specifications developed and submitted by the subdivider and approved by the Planning Board and utility owner.

Building envelopes and limits of disturbance. The Planning Board shall require building envelopes showing limits of disturbance on all lots greater than one acre in area in the RU District, to restrict the location of structures, grading, and other land disturbance activities. The Planning Board may require building envelopes on lots of less than one acre in other districts if necessary to protect land of conservation value as determined through a conservation analysis or otherwise to fulfill the purposes of this chapter.

§ 83-16 Reservations and easements.

Parks and recreational land.

Before the Planning Board may approve a subdivision plat containing residential units, such subdivision plat shall show, when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes.

Land for park, playground, or other recreational purposes may not be required unless the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular subdivision plat will contribute. The Recreation Plan included in the Town's current Comprehensive Plan demonstrates that the need for parks and playgrounds exists in the Town of Goshen and that any new residential development will further contribute to this need.

Areas designated as potential recreation land in the Comprehensive Plan or Zoning Law shall be deemed to be suitably located for recreational purposes and a proper case shall be deemed to exist for requiring a reservation of all or a portion of such designated areas in any subdivision plat. To the extent that this provision may be inconsistent with Town Law § 277(4), the Town Board hereby declares its intent to supersede that section of the Town Law, pursuant to its home rule powers under Municipal Home Rule Law, Article 2, § 10 et seq., of the Consolidated Laws of the State of New York.